HomeMy WebLinkAbout05152007 SMCITY OF SEBASTIAN, FLORIDA
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
TUESDAY, MAY 159 2007
1. The hearing was called to order at 2:00 p.m. by Special Magistrate Robert
Ginsburg.
2. Present: Special Magistrate Robert Ginsburg, City Attorney Rich Stringer, Code
Enforcement Officers Antoine Van Meir, Warren Lindquist, and Richard Iachini,
Growth Management Director Rebecca Grohall, Code Enforcement Clerk Laura
Barr.
3. Mr. Ginsburg swore in Officer Van Meir, Ms. Grohall and Respondent Michael
Allen of Allen Properties, LLC.
4. New Business:
Case No. 07-00151
Allen Properties, LLC
1625 US Highway 1
Violation: Sect. 54-3-16.8. Nonconforming signs.
(a) Continuation of preexisting structures. Any sign, billboard, or advertising
display which lawfully existed and was maintained at the time this ordinance became
effective, may be continued, although such structures do not conform to all the provisions
thereof; provided that no structural alterations are made thereto.
(1) Impact of damage to nonconforming signs. Any nonconforming sign which is
destroyed or damaged, to the extent of 50% or more, or is altered or replaced, shall not be
altered, replaced or reinstalled unless and until it shall have been made to conform to the
provisions of this article. Public signs erected by the city are exempt from this
requirement.
Mr. Ginsburg issued Order for Respondent to bring sign into compliance
with Code within 120 days, at which time progress towards compliance
will be reevaluated.
Case No. 07-00152
Allen Properties, LLC
1625 US Highway 1
Violations: Section 54-4-18.2. Applicability and filing procedure.
In all cases requiring site plan review no structure or parking area, or part thereof, shall
be erected or used, or land or water used, or any change of use consummated, nor shall
any building permit be issued therefore, unless a site plan for such structure or use shall
have been reviewed and approved pursuant to this article.
(b) Conformance with zoning regulations required. Any such building, structure or
use approved pursuant to this article shall be erected, altered, installed, and maintained in
full conformity with the provisions of the zoning ordinance and the approved site plan.
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Sect. 54-3-14.11. Commercial Landscape Requirements.
(i) Maintenance requirements. Landscape areas shall be permanently maintained
including watering, weeding, pruning, trimming, edging, fertilizing, insect
control, and replacement of plant materials and irrigation equipment as needed
to preserve the heath and appearance of plant materials.
Mr. Ginsburg issued Order deferring the hearing for 120 days.
5. Hearing adjourned at 3:00 pm.
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CITY GF
HOME OF PELICAN ISLAND
Code Enforcement Division
1225 Main Street, Sebastian, Florida 32958
Telephone (772) 388-4436 Fax (772) 388-8248
DOCKET OF SPECIAL MAGISTRATE HEARING
Tuesday, May 15,2007,2:00 pm
Council Chambers, 1225 Main St., Sebastian, FL 32958
1. Call to Order
2. Initial Hearing:
Case No. 07-00151
Allen Properties, LCC
Case No. 07-00152
Allen Properties, LLC
3. Adjournment
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
SPECIAL MAGISTRATE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE HEARD (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITES ACT (ADA) ANYONE WHO
NEEDS A SPECIAL ACCOMMODATION FOR THIS HEARING SHOULD CONTACT THE
CITY'SADA COORDINATOR AT (772) 589-5330 AT LEAST 48 HOURS INADVANCE OF THE
MEETING.