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HomeMy WebLinkAbout12161998 CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING DECEMBER 16, 1998 Actg. Chairman Neglia called the meeting to order at 3:00 pm. The pledge of allegiance was said. ROLL CALL: Actg. Chmn. Neglia PRESENT: Mr. Connelly Ms. Barczyk Mr. Cosco Mr. Schofield Mr. Cavallo Ms. Griffin(a) Ms. Men'itt ANNOUNCEMENTS: Actg. Chmn. Neglia noted that a full board is present and Ms. Griffin will be an alternate. He also noted that on the Agenda for this meeting, the word "discussion" under Old Business should be crossed out. APPROVAL OF MINUTES: (11/23/98) (Secretary's note: On page 2 of the 11/23/98 minutes, line 10, the words "He also noted title insurance in his name" is removed to clarify that Mr. Lund has a title commitment. On line 8, the words "Board of Adjustment meeting" are to be removed.) MOTION by Neglia/Cosco I make a motion we approve the minutes. MOTION by Connelly/Barczyk I move we accept the minutes of special meeting November 23, 1998 as amended. A voice vote was taken. The vote was 7 - 0. Motion carried, OLD BUSINESS: Request for Amendment to Order - 704 Madison Street - Case #98-14117 - Michael MacVicar Code Enforcement Officer Kathy Brauer and Mr. MacVicar were sworn in by attomey Stringer at 3:04 pm. Ms. Brauer gave staff report, noting that on her visit to the Madison Street address on November 24, 1998, the corn was gone and Mr. MacVicar had planted radishes and CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF DECEMBER 16, '1998 cucumbers. She advised him that the first crop was to be finished and "that was it". She informed this Board that Mr. MacVicar insisted that he had the right to replant until the end of the year, and when she asked him to remove it, he refused, and she issued him a notice of violation. At this point, Dord Bosworth, Secretary to the Code Enforcement Board, indicated that Mr. MacVicar had dropped off a letter requesting that the order from the previous meeting be amended. He also submitted an application that he will take to Planning and Zoning for their approval to keep planting in the right-of-way, if this Code Enforcement Board amends the order. Mr. MacVicar referred to the letter received from the City in reference to his crops in the right-of-way. In reference to the statement "that the crops on the right-of-way shall be harvested by December 31st, and no future plantings shall be made". He noted that he interpreted that to mean "No future plantings that would extend beyond December 31st''. He noted that he was satisfied that if any digging needed to be done, he was willing to lose his vegetable plants from the right-of-way area. He proceeded with his presentation, offered his interpretation of temporary versus permanent plantings. Actg. Chmn. Neglia vedfied that on items ~2 and 3, Mr. MacVicar has come into compliance. Mr. MacVicar responded that, if there is a need for a walk space next to the road, he would agree to plant grass 6 ft. from the road, and the rest of the temporary plants on the right-of-way be allowed to continue, until he goes before P & Z and/or City Council. He indicated that he replanted corn and another vegetable, counting on P & Z and City Council approval, and he didn't plan on giving up these crops on December 31st. Mr. Connelly reminded Mr. MacVicar that he had been very specific in his request that he be allowed to harvest his remaining crops, and did not imply or mention that he was going to replant. Mr. MacVicar responded with explanation, and explained why the sun's heat was hotter on the paved parking area next to the driveway, than on the street in front of his residence. There was more discussion on this subject. Actg. Chmn. Neglia explained that Mr. MacVicar must go before P & Z Commission or City Council for permission to plant in the ROW, and that permission cannot be obtained from the Code Enforcement Board. Mr. MacVicar wanted to know why his requests couldn't be acted upon by P & Z and City Council without him making an appearance. Actg. Chmn. Neglia responded because that is the way it is done according to Code. Mr. Cosco suggested that Mr. MacVicar come into compliance with the Code Enforcement order until he can be heard by P & Z and City Council. Mr. MacVicar said that he '~vould have to live with that then". CODE ENFORCEMENT BOARD MINUTES Of REGULAR MEETING Of DECEMBER 16, 1998 Actg. Chmn. suggested that Mr. MacVicar harvest his radishes and then not plant anything more in the ROW until after his request is acted upon by the other Boards. After several comments from Mr. Stringer, Mr. MacVicar stated "1 will comply with the order, I'm taking everything out December 31st, and I'll go before the Planning Board". MOTION by Connelly/Barczyk I move we close the discussion. Roll call: Mr. Connelly - yes Ms. Barczyk - yes Mr. Cavallo - yes Mr. Cosco - yes Actg. Chmn. Neglia - no Ms. Merritt - yes Mr. Schofield - yes The vote was 6 - I. Motion carried. MOTION by Cosco/Neglia I'd like to make a motion that we allow him to continue his gardening, only up until December 31st, 1998, at such time all planting shall cease and be removed. AMENDMENT TO ABOVE MOTION by Connelly/Barczyk I'd like to add, with our apologies to Code Enforcement who are trying to do their job as they understand it. Roll call on amendment: Mr. Cavallo - yes Mr. Connelly - yes Actg. Chmn. Neglia - yes Mr. Cosco - yes Ms. Barczyk - yes Ms. Merritt - yes Mr. Schofield - yes The vote was 7 - 0. Amendment carries. Mr. Cavallo Mr. Cosco Mr. Schofield Mr. Connelly Roll call on motion: The vote was 7 - 0. NEW BUSINESS: ATTORNEY'S MATTERS: Motion carried. None None None CHAIRMAN MATTERS: - yes Ms. Barczyk - yes - yes Actg. Chmn. Neglia - yes - yes Ms. Merritt - yes - yes CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OF DECEMBER 16, 1998 Mr. Zelinski made some comments about the leniency given in this case. Thero was also some discussion on what wording is in the code in reference to structures or plantings in the ROW. Mr. Stringer suggested that plantings means anything other than grass. Ms. Men'itt commented that this wording is not clear. There was some discussion of overgrown vacant lots, and maintenance of swales. Actg. Chmn. Neglia adjourned the meeting at 3:53 pm. (12/29/98 AB) 4 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 ~'ELEPHONE 15611 589-S53Z ~ FAX 156~1 589-25~6 CITY OF SEBASTIAN CODE ENFORCEMENT BOARD MINUTES OF REG~ MEETING MINUTES OF MEETING HELD~--~~ l (~, I qo~ ~ .... APPROVED AT MEETING HELD ~~ oQ~) , E. ANN BRACK