HomeMy WebLinkAboutCONSTRUCTION BOARD APPEAL 8-26-25CM Ut
HOME OF PELICAN ISLANQ
BUILDING DEPARTMENT & FIRE PREVENTION OFFICE
1225 MAIN STREET SEBASTIAN, FLORIDA 32958
TELEPHONE Q72) 589-5537 FA1(p72I 589-2566
1YYYYi,.41.SILREit 15S11M Q19
CITY OF SEBASTIAN CONSTRUCTION BOARD
APPEAL APPLICATION
INSTRUCTIONS:
1. You must fill each blank and completely answer each question.
2. Incomplete applications will not be processed and may result in a delay in your hearing.
3. If the applicant is not the owner of record of the property and an agent is acting as their
agent, the owner must sign the application or submit a notarized letter authorizing the
applicant to sign it.
4. Upon receipt, the application will be reviewed and investigated.
5. The owner and/or authorized agent will be notified of the Board hearing date and time at
least fifteen (15) days before the next Board meeting.
6. Additional information may be required depending on the nature or type of request.
7. The applicant may be contacted if further information is necessary.
8. Photos, plans, receipts, letters or other evidence submitted at the hearing will become part
of the Board's hearing record and cannot be returned to the applicant.
9. Any plans, supporting documents and/or specifications must be submitted electronically with
the application to permits la�'cityofsebastian.org
10. All Appellants should apprise themselves of relevant arocedures and provision of the
City of Sebastian Code of Ordinances as well as the Florida Building Code, including
but not limited to Section 26-40.
Page 1 of 7
SECTI������� ��������U�������������U�������_
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CONSTRUCTION BOARD TO SERVE AS BOARD OF APPEALS
(a)The construction board established pursuant ho odthe City Code ofOrdinances shall
serve as the board of appeals to hear and decide appeals of orders, decisions or determinations by the
building official relative to the application and interpretation of this coda and the standard codes
adopted by the city.
(b) Decisions of the construction board, pursuant to this section, may be appealed to the city council by
filing awritten appeal with the city clerk within ten days of the decision ufthe construction board. It shall
require three affirmative votes uf the city council tooverride the construction board.
(c)AU references in the standard codes tothe construction board of adjustments and appeals shall be
deemed to refer to the construction board. Except as provided herein, the construction board shall have
all the powers and duties of the construction board of adjustments and appeals. An application of an
appeal shall be based on a claim that the true intent of the standard codes or the rules legally adopted
thereunder have been incorrectly interpreted, the provisions of the standard codes do not fully apply, or
an equally good or better form of construction is proposed. The bound shall have no authority to waive
requirements of the standard codes as amended herein. The board shall modify or reverse the decision
of the building official only by u concurring vote of a majority of the total number of appointed board
members,
(d) VVhmny an aggrieved party decides to appeal a decision, including a final order, of the building
o#ioia|, community development director or administrative o#i:ia/, the application of appeal shall be
filed with the city clerk within ten days following the staff decision.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK'
PLEASE COMPLETE INFORMATION BEGINNING ON NEXT PAGE
Page 2 of 7
1. APPELLANT
Name and/or Company Name: MKW Builders, Mark Walker Certified Building Contractor
Address of Property(ies): 113 Redgrave Dr. Sebastian, FL 32958
Mailing address (if different): 4113 Abington Woods Cir Vero Beach, FL 32967
Telephone number: (772) 360-8980
2. PROPERTY OWNER (IF DIFFERENT)
Name and/or Company Name: Steven and Diana Marini
Address of Property(ies)
Mailing address (if different):
Telephone number:
113 Redgrave Dr. Sebastian, FL 32958
3. DATE FINAL DECISION WAS RENDERED BY BUILDING OFFICIAL/FIRE OFFICIAL:
Multiple decisions/actions made by building official. Most recent, 7/15/2025
4. DATE APPELLANT RECEIVED NOTICE OF FINAL DECISION: 7/15/2025
5. RELATIONSHIP OF THE APPELLANT TO THE BUILDING, STRUCTURE OR SERVICE
SYSTEM THAT IS THE SUBJECT OF THIS APPEAL (CHECK WHERE APPLICABLE):
OWNER X AGENT OTHER
6. IF THE APPELLANT CHECKED "AGENT" OR "OTHER", PLEASE DESCRIBE THE
RELATIONSHIP AND ATTACH TO THIS DOCUMENT A COPY OF THE AGENT'S
AUTHORIZATION TO ACT ON BEHALF OF THE OWNER.
Licensed contractor, with permit to perform work at the address above.
LOCATION OF THE BUILDING, STRUCTURE OR SERVICE SYSTEM THAT IS THE
SUBJECT OF THIS APPEAL:
_Permit was for replacement of windows and doors at the home, including a garage door, front
entry door, skylight and windows.
7. NEW BUILDING EXISTING BUILDING UNDER RENOVATION X
Page 3 of 7
8. CODE/SECTION/TITLE BEING APPEALED
105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the
work and not as authority to violate, cancel, alter or set aside any of the provisions of the
technical codes, nor shall issuance of a permit prevent the building official from thereafter
requiring a correction of errors in plans, construction or violations of this code. Every permit
issued shall become invalid unless the work authorized by such permit is commenced within
6 months after its issuance, or if the work authorized by such permit is suspended or
abandoned for a period of 6 months after the time the work is commenced.
105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or
expires because of lack of progress or abandonment, a new permit covering the proposed
construction shall be obtained before proceeding with the work.
105.4.1.2 If a new permit is not obtained within 180 days from the date the initial permit
became null and void, the building official is authorized to require that any work which has
been commenced or completed be removed from the building site. Alternately, a new permit
may be issued on application, providing the work in place and required to complete the
structure meets all applicable regulations in effect at the time the initial permit became null
and void and any regulations which may have become effective between the date of
expiration and the date of issuance of the new permit.
105.4.1.3 Work shall be considered to be in active progress when the permit has received an
approved inspection within 180 days. This provision shall not be applicable in case of civil
commotion or strike or when the building work is halted due directly to judicial injunction,
order or similar process.
105.4.1.4 The fee for renewal reissuance and extension of a permit shall be set forth by the
administrative authority.
105.5 Expiration. Every permit issued shall become invalid unless the work on the site
authorized by such permit is commenced within 180 days after its issuance, or if the work
authorized on the site by such permit holder and property owner shall be responsible to either
complete all work in accordance with the permitted plans and inspection or remove any
partially completed work in a safe and code compliant manner. The building official is
authorized to grant, in writing. one or more extensions of time, for periods not more than 180
days each. The extension shall be requested in writing and justifiable cause demonstrated as
determined by the building official.
105.5.2 For the purposes of this subsection, a closed permit shall mean a permit for which all
requirerneats for completion have been satisfied or a permit that has been administratively
closed by the building official.
105.5.3 For the purposes of this subsection, an open permit shall mean a ermit that has not
satisfied all requirements for completion as defined in 105.5.1.1.
Page 4 of 7
In addition, Mr. Eseltine had made a requirement that we complete a "framing" inspection on this
project which did not pertain to window/door replacement, and inspector John Parker had noted
deficiencies is his inspection report that are not part of a window/door final inspection. This inspector
has a connection with the homeowner, which led to confusion on the part of the homeowner about
how inspections and the work was completed. Staff members (referred to as "City Building Officials"
by owners) told the owners that their new windows had to be removed and reinstalled, along with
many other false claims that they have no idea what they are talking about. MKW Builders sent
Wayne Eseltine a letter through the portJn requesting staff cease and desist this behavior as it was
completely incorrect information and caused a legal situation between the owners and MKW
Builders. No corrective action was taken. MKW Builders also notified Mr. Eseltine in this letter that
the owners were performing work through another contractor on the work already completed by
MKW Builders (We had minor corrections to make noted on inspection report from 6/5/2025). This is
against Florida Building Code as the Contractor that pulls the permit is required to supervise all work
being done under the permit. Eseltine disregarded our letter and email, with 3 weeks going by before
we finally spoke to him again. On 7/15/25, Eseltine notified Mark Walker that at the OWNERS
REQUEST, he was issuing a second permit for the same work already completed and materials
installed by MKW Builders, and after that permit was closed out he would "void" our permit. This is
extraordinary and can not be allowed as the contractor he issued the second permit to did not
purchase the materials or perform the installation of those materials which as noted above, the
contractor who pulls the permit MUST SUPERVISE ALL WORK ON THE PROJECT.
We also are appealing Mr. Eseltine's decision to "expire" our permit. He did reinstate the permit for 90
days after a meeting with him and Brian Benton.
We reached out to the City of Sebastian Construction Board via email on July 15, 2025, and were
contacted by only 1 member, Richard Wilcher. We were informed that the Construction Board has
been inactive since 2022, and this is confirmed as there are no meeting minutes from the board since
2022.
We then contacted Mr. Dodd, City Council Member, to find out how to handle the situation, and he
spoke with Mr. Eseltine about the situation. Mr. Dodd sent us an email that confirmed Esetine's
actions on the second permit issued and told us to file a complaint with the construction board.
Again, with the board being inactive for 3 years, we felt we were being given the run around.
City attorney Jennifer Cockcroft denies the board is inactive, and notified us we needed to submit
our complaint to the City Clerks office. Email 7/22/25
Mr. Dodd sent us an email 7/22/25 as well letting us know the city council has an agenda item to
appoint a new member at this week's meeting and to send our apparel form to the clerk and if a
construction board meeting can't be scheduled, she will bring it to the Council.
We have numerous documents and will organize them and send to the clerk once we know who we
will be meeting with.
10. THE NATURE OF THIS APPEAL IS AS FOLLOWS (CIRCLE/HIGHIGHT AS
APPLICABLE):
a. The true intent of the standard codes or the rules lea_ally_ adooted_thereunder have been
incorrectly interpreted.
b. The provisions of the standard codes do not fullv_W,[y to this specific case.
c. An equally good or better form of construction is proposed in this specific case.
e. The Building Official/Fire Official has denied or revoked a permit.
Page 5 of 7
f. Other (explain below) or with attached documents:
As stated above, we are appealing the decisions of Wayne Fseltine, and we also have
complainte about his actions and the actions of staff, specifically John Parker, building inspector.
ACKNOWLE00MENT
1, the Appellant whose name appears above, and whose signature appears below, understands
that, prior to a hearing before the Sebastian Construction Board, the Board Members or City
Staff may undertake an Investigaton of this Appeal, including an inspection of the building,
structure or service system that Is the subject of this Appeal and may request additional
information: i agree that I will cooperate with the investigation and provide any additional
information requested. Furthermore, I understand that I will be notified at least five (1 6) days
prior to the hearing date. I understandthat, I must electronically submit any plans, supporting
documents and/or specifications to _ - _ . and that a hearing may not
be held until this appeal form is completed and, If applicable, electronic copies of plans or
specifications are submitted. I further understand it is the Appellant's responsibility to provide
audioNtsual equipment that the City cannot provide If needed.
A1�� LAN
Signature_ _ —
�lUlarit Walker {der MKW Builders
As:
Car 1fied Building Contractir__
STATE OF FLORIDA
COUNTY OF Indian River
SWORN to and subscribed freely and voluntarily for the purpose therein expressed before me
In person or via electronic means by Mark. Vll[41kor.........,_._ ,-,known
to rate to be the person described in and who executed the foregoing. HelShe is personally
known to be or has produced -- _-- ......_ _ (type of Identification) as
Identification.
VItiTNSSIS my Fund and official seal in the County and State last aforesaid this -1-2 day of
A_, 2-b
r° .••'••. SHELLyr kiAl.STM
* * Commission / WN SG�95t
M' ,; �tc�`EVhs June 20, i0X
CITY OF SEBASTIAN USB ONLY:
DATE OF SUBMITTAL:
Notary Pubii , Mate of FI da
Print Name.
My Commission ExpTrAs: a, � Zo - 2_2
Page a of 7
OTHER NOTES:
Page 7 of 7
APPLICABLE CODE SECTIONS TO THE APPEAL
FOR MKW BUILDERS, LLC
FLORIDA BUILDING CODE
SECTION 113
BOARD OF APPEALS
The City of Sebastian Construction Board shall serve as the Board of Appeals.
113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the
building official relative to the application and interpretation of this code, there shall be and is hereby
created a board of appeals. The board of appeals shall be appointed by the applicable governing
authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting
its business.
113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent
of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of
this code do not fully apply or an equally good or better form of construction is proposed. The board
shall have no authority to waive requirements of this code.
FLORIDA BUILDING CODE SECTIONS REQUESTED TO BE APPEALED
105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and
not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor
shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in
plans, construction or violations of this code. Every permit issued shall become invalid unless the work
authorized by such permit is commenced within 6 months after its issuance, or if the work authorized
by such permit is suspended or abandoned for a period of 6 months after the time the work is
commenced.
105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because
of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained
before proceeding with the work.
105.4.1.2 If a new permit is not obtained within 180 days from the date the initial permit became null
and void, the building official is authorized to require that any work which has been commenced or
completed be removed from the building site. Alternately, a new permit may be issued on application,
providing the work in place and required to complete the structure meets all applicable regulations in
effect at the time the initial permit became null and void and any regulations which may have become
effective between the date of expiration and the date of issuance of the new permit.
105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved
inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or
when the building work is halted due directly to judicial injunction, order or similar process.
105.4.1.4 The fee for renewal reissuance and extension of a permit shall be set forth by the
administrative authority.
105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by
such permit is commenced within 180 days after its issuance, or if the work authorized on the site by
such permit holder and property owner shall be responsible to either complete all work in accordance
with the permitted plans and inspection or remove any partially completed work in a safe and code
compliant manner. The building official is authorized to grant, in writing, one or more extensions of
time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable
cause demonstrated as determined by the building official.
105.5.2 For the purposes of this subsection, a closed permit shall mean a permit for which all
requirements for completion have been satisfied or a permit that has been administratively closed by
the building official.
105.5.3 For the purposes of this subsection, an open permit shall mean a permit that has not satisfied
all requirements for completion as defined in 105.5.1.1.
CITY CODE OF ORDINANCES
Sec. 26-40. - Construction board to serve as board of appeals.
(a) The construction board established pursuant to section 26-191 of the City Code of Ordinances shall
serve as the board of appeals to hear and decide appeals of orders, decisions or determinations by the
building official relative to the application and interpretation of this code and the standard codes
adopted by the city.
(b) Decisions of the construction board, pursuant to this section, may be appealed to the city council
by filing a written appeal with the city clerk within ten days of the decision of the construction board.
It shall require three affirmative votes of the city council to override the construction board.
(c) All references in the standard codes to the construction board of adjustments and appeals shall be
deemed to refer to the construction board. Except as provided herein, the construction board shall
have all the powers and duties of the construction board of adjustments and appeals. An application
of an appeal shall be based on a claim that the true intent of the standard codes or the rules legally
adopted thereunder have been incorrectly interpreted, the provisions of the standard codes do not
fully apply, or an equally good or better form of construction is proposed. The board shall have no
authority to waive requirements of the standard codes as amended herein. The board shall modify or
reverse the decision of the building official only by a concurring vote of a majority of the total number
of appointed board members.
(d) Where an aggrieved party decides to appeal a decision, including a final order, of the building
official, community development director or administrative official, the application of appeal shall be
filed with the city clerk within ten days following the staff decision.
Sec. 26-198. - Administration.
In order to carry out the intent of this article, the city council hereby appoints the following officials to
assist the construction board in performing its duties:
(1) Building gfficial. The building official, or his authorized representative, shall have the primary
duty of enforcing the various codes and initiating disciplinary proceedings before the hoard, and
shall make such recommendations or reports to the board as needed on each matter considered
by it.
MR. MARK WALKER
DBA MKW BUILDERS, LLC
4113 ABINGTON WOODS CIR.
VERO BEACH, FL. 32967
APPELLANT
CITY OF SEBASTIAN
CONSTRUCTION BOARD
NOTICE OF HEARING
Case No.
25-2
Hearing Date:
AUGUST 26.2025
Parcel I D#:
31391900001458000023.0
Property Address:
113 REDGRAVE DR.
SEBASTIAN. FL 32958
Legal Description:
SEBASTIAN HIGHLANDS UNIT 17 BLK
458 LOT 23 PBI 8-46 TO 46P
NOTICE OF HEARING FOR APPEAL OF ADMINISTRATIVE DETERMINATIONS
A. APPEAL BY APPELLANT:
The City of Sebastian Construction Board (hereinafter BOARD) serves as the board of appeals of the City of Sebastian
Building Official of the Florida Building Code, pursuant to Florida law and the City Code of Ordinances.
In accordance with the receipt of your appeal of the following:
1. 105.4.1, Permit intent;
2. 105.4.1.1, Expired permit due to lack of progress requires a new permit;
3. 105.4.1.2, If a new permit is not obtained within 180 days;
4. 105.4.1.3, Work considered to be in active progress;
5. 105.4.1.4, Fee for renewal set forth by administrative authority;
6. 105.5, Expiration;
7. 105.5.2, Closed permit; and
8. 105.5.3, Open Permit.
The address(es) of the real properties upon which these codes are being appealed occurred are: 113 REDGRAVE
DR., SEBASTIAN, FLORIDA, INDIAN RIVER COUNTY.
B. NOTICE OF HEARING:
Please be advised that the City of Sebastian Construction Board is set to convene and hear this matter at a Quasi -
Judicial Hearing on:
TUESDAY, AUGUST 26, 2025 AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN
STREET, SEBASTIAN, FLORIDA.
CITY OF SEBASTIAN
CONSTRUCTION BOARD
NOTICE OF HEARING
Page 2 of 2
YOU ARE REQUESTED to appear before the BOARD at that time to APPEAL the administrative determinations as
made by the Building Official of the City of Sebastian under the Florida Building Code and the City's Code of Ordinances
as outlined in your appeal application.
This hearing is being held to provide you an opportunity to contest the determination made by the Building Official
regarding the matters as outlined in your appeal application.
If you fail to attend, the BOARD may base its findings and act solely on the presentation made at the BOARD Hearing.
YOU MAY APPEAR WITH OR WITHOUT AN ATTORNEY. YOU HAVE A RIGHT TO PRESENT WITNESSES AND
DOCUMENTS AND CROSS-EXAMINE THE OTHER PARTY'S WITNESSES.
Per the City Code of Ordinances, the BOARD may only modify or reverse the decision of the Building Official by
concurring vote of a majority of the total number of appointed board members; the Board may not waive requirements
of the standard codes of the Florida Building Code or the City's Code.
Decisions of the BOARD, pursuant to Section 26-91 of the City Code of Ordinances, may be appealed to the City
Council by filing a written appeal with the City Clerk within ten days of the decision of the BOARD. It shall require three
affirmative votes of City Council to override the BOARD.
Please be advised that the procedures of the BOARD are governed by the Code of Ordinances of the City of Sebastian.
Copies of these Ordinances may be obtained at the office of the City Clerk, City of Sebastian.
cm 0
SEBASTIAN .
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ZIP 32958 ,V ���.V6�
HOME OF PELICAN ISLAND
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00 1348317 AUG 01 2025
9489 0090 0027 6180 7898 61
1225 Main Street
Sebastian, Florida 32958
Mr. Mark Walker
DBA MKW Builders, LLC
4113 Abington Woods Cir
Vero Beach, FL 32967
8/15/25, 5:25 PM
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