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HomeMy WebLinkAbout10152004 CEBHOME OF PEUCAN ISLAND 1225 Main Street, Sebastian, FL 32958 (772) 589-5330 - Fax (772) 589-5570 CODE ENFORCEMENT BOARD MINUTES OF REGULAR MEETING OCTOBER 15, 2004 1. Chairman Van Buskirk called the meeting to order at 2:00 p.m. with a pledge to the flag. 2. ROLL CALL: Present: Chairman Ronald Van Buskirk Mr. Kenneth Cosco Mr. Fred Clement Mr. Carl Anderson Mr. Charles "Ed" Dodd Mr. Hank Buchanan, Alt Mr. Howard Brauer, Alt Absent: Mr. Leon Griffin Excused: Ms. Eve Schofield Also Present: Code Enforcement Officers: Growth Management Director Growth Management Manager Antoine Van Meir Warren Lindquist Tracy Hass Jan King Code Enforcemem Board Secretary Shirley Lynch 4. APPROVAL OF MINUTES: Regular Meeting 08/18/04 The minutes were approved as written by a voice vote 7-0 5. ADDITIONS AND DELETIONS TO AGENDA ITEMS Officer VanMeir stated that Item A can be deleted from the agenda as Mr. Carter paid the fine and renewal fee 6. NOTICED HEARINGS: B. VIOLATION HEARING-CASE #2004-23470 SEBASTIAN HARBOUR, LTD.- 1540 INDIAN RIVER DRIVE · SECTION 54-4-18.7 LAND DEVELOPMENT CODE SITE PLAN EXPIRATION Chairman VanBuskirk sworn in Officer VanMeir who then stated the City's case. He read the letter sent to the Code Board by Mr. Norbert Kreyer, Presidem of Sebastian I-Iarbour, Ltd., "Dear Ladies and Gentlemen: As you know, the undersigned appeared for the regular hearing on September 15, 2004, which did not occur due to a non-quorum On the same day we Code Enforcement Meeting October 15, 2004 Page 2 of 8 instructed our general contractor in Vero Beach to immediately continue with the work. We are informed by the G.C. that we need electric power on the parking lot for the irrigation pump otherwise they could not install the irrigation and the landscaping. We hired a local electrical company to install the power line to the lot. In the meantime Hurricane Jeanne did substantial more damage to the restaurant building and the insurance company refuses to pay due to different circumstances as well as the powerboat involved. We have a building damage of approx. $275,000.00. Our priority is the repair of the restaurant, but we cannot do both. We are asking herewith for an extension of the site plan approval for 12 months, because we believe we have reasonable cause. Please advise as soon as possible, Very truly youm, Sebastian Harbour, Ltd., by Norbert Kreyer, President" Officer VanMek explained that the site plan expired in May of 2004, without completing the work. The new owner of Hurricane Harbor has a signed contract stating Norbert Kreyer must complete the correction work before the sale is complete; that did not happen. Officer VanMeir asked that Sebastian Harbour, Ltd, as well as Hurricane Harbor be found in violation of 54-4-18.7 of the Land Development Code and require them to come back to the City and resubmit their site plan for approval. He explained that the new owner took over approximately eight months ago and that the previous owner is still under contract to the new owner to complete the work. Questioning fi'om the Board followed: Officer VanMeir stated Sebastian Harbour Ltd & Hurricane Harbor must resubmit the site plan to include the modifications required but they do not have to remove what they've already done. He continued that Sebastian Harbour, Ltd. made changes that are not adequate and haven't fulfilled the site plan requirements. Hurricane Harbor had nothing to do with this site plan- The site plan expired in May 2004 and they did not file for an extension. There was a discussion on a time limit on completing the site plan. Mr. Hass stated that the Code Enforcement Board may impose restrictions as far as time limits are concerned as long as they are a reasonable amount of time. Officer VanMeir explained that there are many violations existing such as drainage and water surface management, the parking area not completed with required vegetation, parking stops, screening for dumpsters, location of waste oil containers, etc. He suggested a time limit of 30 days to complete and a $250 per day fine after that time period as they have been in violation since May 2004. He explained that Mr. Kreyer does not own Hurricane Harbor but that he is the former owner under contract by the current owner to complete the site plan work, that this is a part of the sales contract. After further discussion, MOTION made by Mr. Ken Cosco regarding case #2004-23470- finding Sebastian Harbour, Ltd, and Hurricane Harbor in violation of Section 54-4-18.7 of the Land Development Code giving them 90 days from the time the site plan is approved to complete the required work and a $150 fine per day afl'er that time, seconded by Mr. Fred Clement. ROLL CALL VOTE: Chairman Van BusKirk Aye Ken Cosco Aye Fred Clement Aye Carl Anderson Aye Ed Dodd Aye Hank Buchanan Aye Howard Brauer Aye MOTION CARRIED 7-0 Code Enforcement Meeting October 15, 2004 Page 3 of 8 C. VIOLATION HEARING-CASE #2004-23944 WILLIAM & DAWN LEGUE.- 132 MHJ.ER DRIVE * SECTION 66-3.(4)(5) CODE OF ORDINANCES (4) UNNECESSARY NOISES INCLUDING AN1MAL NOISES (5) OBNOXIOUS ODORS AND STENCHES OR CAUSES OF SUCH ODORS Chairman VanBuskirk swore in Mr. William Legue. Officer VanMeir presented the City's case, explaining that this is a rental unit and at this time all animals have been removed from the property. He stated that the tenant worked w~th the City on this problem, took all necessary steps and removed the dogs on his own volition. All the neighbors are in agreement and there have been no more complaints. Officer VanMeir considers this matter to be remedied at this time, Mr. Legue agreed that the tenant removed the animals. An explanation of the odors and other problems followed MOTION made by Chairman Van Buskirk~ with a second by Mr. Fred Clement regarding case #2004-23944- finding Mr. & Mrs. Legue in violation of Section 66-3.(4)(5) of the Code of Ordinances, in compliance at this time with no fine but a repeat violation will be dealt with accordingly ROLL CALL VOTE: Chairman Van Buskirk Aye Ken Cosco Aye Fred Clement Aye Carl Anderson Aye Ed Dodd Aye Hank Buchanan Aye Howard Brauer Aye MOTION CARRIED 7-O D. VIOLATION HEARING-CASE #2004-21801 DOUGLAS J. PRATT (PELICAN PUB)- 1318 US HIGHWAY 1 · SECTION 54-4-18.7 LAND DEVELOPMENT CODE SITE PLAN VIOLATION Mr. Pratt was not in attendance. Officer VanMeir presented the City's case of the site plan violation. Mr. Pratt owns the Pelican Pub and a parcel of property across the street that is not connected. He is storing a large boat and rebuilding it on that parcel. He needs to apply for a permit to have an addition placed on the building- This property is not permitted to store boats or for maintenance of boats. Officer VanMeir asked Mr. Pratt to remove the boat. Mr. Pratt replied that he was too busy. Officer VanMeir requested that Mr. Pratt be found in violation with 7 days to remove the boat and a $250 per day fine if not in compliance after that time period. Atter a discussion a MOTION made by Ed Dodd, seconded by Carl Anderson, regarding case #2004-21801 finding Mr. Pratt in violation of section 54-4-18.7 giving him 30 days froml0/15/04 to come into compliance with a $250 per day fine thereaP~er. Code Enforcement Meeting October 15, 2004 Page 4 of 8 ROLL CALL VOTE: Chairman Van Buskirk Ken Cosco Fred Clement Carl Anderson Ed Dodd Hank Buchanan Howard Brauer Aye Aye Aye Aye Aye Aye Aye MOTION CARRIED 7-0 E&F. VIOLATION HEARING-CASE #2004-22001 & 21999 CONCETTA CIESLAK- 165 CAPRONA STREET * SECTION 66-3.(11) & 66-3.(12) CODE OF ORDINANCE (11) GROWTH OF GRASS & WEEDS (12) INOPERATIVE, JUNK, ABANDONDED VEHICLES Ms. Cieslak was not in attendance. Officer VanMek presented the City's case; there are two junk vehicles on the property and the grass & weeds are very high- He is requesting the board find her in violation and a $250 a day fine for each of the offenses after the approved time frame until in compliance. He explained that the city has had problems with the grass in the past but she has complied in the time frame allotted to her. This time she has not complied. After a discussion a MOTION made by Fred Clement, seconded by Howard Brauer, regarding case #2004-22001 & 21999 finding Ms. Cieslak in violation of section 66-3.(11) & (12) giving her 7 days and 30 days, respectfully, froml0/15/04 to come into compliance with a $250 per day fine for each offense, thereafter. Mr. Brauer modified the motion regarding 66-3.(11) adding that after the 7 days if not in compliance with the grass & weeds that the city cut the grass and place a lien on her property. Officer VanMeir explained that the City has a procedure whereby if they have to have the grass mowed, a bill is sent to the owner with 14 days to pay before a lien is placed on the person. ROLL CALL VOTE: Chairman Van Buskirk Aye Ken Cosco Aye Fred Clement Aye Carl Anderson Aye Ed Dodd Aye Hank Buchanan Aye Howard Brauer Aye MOTION CARRIED 7-0 G. VIOLATION HEARING-CASE #2004-26812 SHANNON COOK- 868 SCHUMANN DRIVE · SECTION 30-29 CODE OF ORDINANCE OCCUPATIONAL LICENSE REQUIRED Code Enforcement Meeting October 15, 2004 Page 5 of 8 Mr. Cook was not in attendance. Officer VanMeir presented the City's case. He stated Mr. Cook was operating an almninum business fi'om his residence. He read a letter to Mr. Cook from the Growth Management office, "June 21, 2004 Mr. Shannon Cook 868 Schumann Drive Sebastian, Florida 32958 Re: Application for Home Occupation License Dear Mr. Cook: The Growth Management Department must deny your application for a home occupation license to conduct an aluminum construction business from your home. In accordance with Sebastian Land Development Code 54-2-5.21(e)(1), "No home occupation shall be approved when the applicant desiring approval has been determined to be in violation of a provision of the Code of Ordinances of the City of Sebastian, including any provision contained in the land development code." As there are violations against your property by the code enforcement officer and an unpaid fine imposed by the Construction Board, this license must be denied, Sincerely, Tracy E. Hass, Director Growth Management Department" Officer VanMeir stated there were trailers exceeding more than two recreational vehicles and one was in excess of 23 feet in length. This is not allowed by code as it is unscreened. This property is zoned residential but an occupational license could be approved if in compliance and the area residents are in agreement. Replying to questions, Officer VanMeir stated that there are construction trailers and trucks at the house- normally a trailer with trash and debris is parked on the sidewalk and cars parked in the swale area. Several parking tickets have been issued in that area. He requested Mr. Cook be found in violation with 14 days to come into compliance with the code. After a further discussion, MOTION made by Fred Clement, seconded by Ken Cosco, regarding case #2004-26812 finding Mr. Cook in violation of section 30-29 giving him 14 days froml0/15/04 to come into compliance with code and obtain an occupational license for his residence with a $250 per day fine thereafter ROLL CALL VOTE: Chairman Van Buskirk Aye Ken Cosco Aye Fred Clement Aye Carl Anderson Aye Ed Dodd Aye Hank Buchanan Aye Howard Brauer Aye MOTION CARRIED 7-0 VIOLATION HEARING-CASE #2004-26815 FLORIDA POWER SPORTS- 1301 US HIGHWAY 1 · SECTION 54-4-18.2 LAND DEVELOPMENT CODE CHANGE OF APPROVED SITE PLAN Chairman Van Buskirk sworn in Mr. Donald Browning, business owner. Officer VanMeir presented the City's case- In essence the City is allowing the business to continue to operate without compliance to regulations of the approved site plan and it would not be in the best interest of the city to allow this to continue- The City is asking that a reasonable time for compliance to the approved site plan be set and if compliance is not reached by said date a fine of $250 a day Code Enforcement Meeting October 15, 2004 Page 6 of 8 be assessed to both the owner oftbe property, Orlando Catalano, and the tenant, Don Browning. Officer VanMeir presented the Board with pictures of the area. A discussion followed on the issues of signage, display, vegetation and drainage problems that need to be addressed. It was stated that the site plan was approved on September 21, 2004. The sign must be modified to a monument sign as described in the site plan. The parking lot shows ATV' s located where they are not allowed to be displayed. Mr. Browning stated he started the lease process in June 2004 and talked with the Planning & Zoning Department. Before he leased the property he wanted to make sure they would be allowed to do what they wanted to do there. He put an option to purchase the property in the lease and only had a short due diligence period. He was unable to get the approval of Planning & Zoning prior to the end of the due diligence period so he went to the finance department to obtain an occupational license. He stated that a motor vehicle business is required to have a state license, which is a franchise vehicle dealer license that is the same license that a car dealership has. He feels the occupation license for vehicular sales is grandfathered in on that piece of property as well as the signage being grandfathered in. He commented that the license was approved by Planning & Zoning, and was issued. He feels this had to be done to secure and protect his investment. He has all intentions to implement most of the site plan improvements to the property like landscaping, paint the building, remove the air conditioner from the top of the building, repair the roof; make improvements to the parking lot; in return, he would like to retain the signage that, he feels, was grandfathered in to that propeay. Officer VanMeir stated that when a new business comes in to the City, it is required to conform to the current codes. This is no longer an "old" business- it is a completely different business and must adhere to codes that are in place today. Mr. Browning countered that this is still the same type of sales and that it is grandfathered in. He states that when the sign is lowered he looses the visibility of the display area for southbound traffic Mr. Hass stated that the city differentiates with in the code for motor vehicle, motorcycle, ATV, boats, and other uses. It was determined that this is a change of use, therefore, it does not grant the applicant grandfather rights- that is the reason behind the submittal oftbe new site plan including the landscaping enhancements, the display area, the parking for patrons, and also the signage issue. Once a business looses those grandfather rights, the business must comply with the new codes; this is the undemanding the City had with the applicant at the time of the original discussion and negotiations. It was understood he wanted to keep the signage and that has been a point of contention. As the City sees it, this is a different use, which triggers a whole new set of regulations and reviews. The City is not seeing improvements. An occupational license was issued prematurely. Florida Power Sports is operating on the site with out the approved site plan being implemented. The monument type of sign can be 10 feet in height. It was stated that the City is not rigid and is overlooking some other nonconformities that typically would require improvements. The sign was refaced, which did not show good faith measure on the part of the business owner. MOTION made by Ed Dodd, seconded by Fred Clement, regarding case #2004-26815 Giving Mr. Browning of Florida Power Sports 90 days to come into compliance with the 9/21/04 approved site plan Code Enforcement Meeting October 15, 2004 Page 7of8 ROLL CALL VOTE: Chairman Van Buskirk Aye Ken Cosco Aye Fred Clement Aye Carl Anderson Aye Ed Dodd Aye Hank Buchanan Aye Howard Brauer Aye MOTION CARRIED 7-O 7. PUBLIC MATTERS: Mr. Shannon Cook apologized for being late and asked what the outcome of his hearing was. He stated he only answers the phones at the residence. He stated he paid the fine to the Construction Board in a timely manner but it didn't go through their office by the time he applied for the license. He had a construction trailer in front of the residence to pick up and remove the debris from Hurricane Jean. Officer VanMeir stated that as of Tuesday, the property was in compliance with code as far as no trailers in the yard and no parking in the swale area. Mr. Shannon was told that he could reapply for the license when there are no more violations. 8. CHAIRMAN'S MATTERS- Chairman Van Buskirk referred to the City Clerk's memo on the annual report and asked if there were any volunteers to go to a meeting with him to present the report, possibly Wednesday, October 27, 2004. The report will be ready next week and the date will be confirmed with the Clerk's office. All members will be notified of the time and place so they can attend if available. 9. MEMBERS MATTERS- Mr. Buchanan questioned the dates in the motions, he suggested they be timed from the date of notification. Other members agreed. Officer VanMeir was questioned if Code Enforcement got many calls regarding non-licensed contractors doing work. Officer VanMeir stated that they do get these calls and that it actually is the building department that should be doing something about this not code enforcement, but that he usually does the leg work and then brings them into the building department. 10. CODE ENFORCEMENT MATTERS- Officer VanMeir commented on what a great job the board did at today's meeting. He was questioned about the problems with Wendy's and replied that no one can enter the building just yet. Code Enforcemem Meeting October 15, 2004 Page 8 of 8 Being no further business to come before the Board, Chairman Van Buskirk adjourned the meeting at 3:35 p.m. Approved at the ~~ / ~r/dC~94 Code Enforcement Board meeting. Chairman Ron VanBuskirk /8~hirley A, Lyl~ct~, Se~etaty