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HomeMy WebLinkAbout03182008SM2. Initial Hearing of Code Violation: rnvOF Case No. 08 -00634 Ashbury Community Association, Inc. Roy Street Right -of -Way [Case No. 08 -00634 continued] HOME OF PELICAN ISLAND Code Enforcement Division 1225 Main Street, Sebastian, Florida 32958 Telephone (772) 388 -4436 Fax (772) 388 -8248 CITY OF SEBASTIAN, FLORIDA SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING MARCH 18, 2008 1. The hearing was called to order at 2:05 p.m. by Special Magistrate Robert Ginsburg. Sec. 54 -4 -18.2. Applicability and Filing Procedures [Site Plan Review] (e) Conformance with land development regulations required. All buildings, structures, or uses shall be erected, altered, installed, and maintained in full conformity with the provisions of the land development regulations and approved site plans.\ and specifically Section 54- 4- 19.11(i)(2)a.3.(b) in that: Sec. 54 -4- 19.11. Required Improvements and Design Criteria (i) Transportation systems. (2) Dedication. All streets shall be either dedicated to the public or dedicated to and maintained by the home owners association. Roads deemed necessary to provide access to adjacent properties shall be dedicated to the public, or continuation of existing dedicated streets shall be dedicated to the public. a. General design criteria. Ingress, egress, and access management shall comply with the below cited general design criteria: 3. Improvements shall provide lanes for acceleration, deceleration, storage, turning movements, bypassing, median modifications, other design features to channel traffic or render necessary drainage or utility modifications which meet best management principles and practices for purposes of protecting the safe and efficient operation of traffic circulation and utility systems. 1 After hearing testimony from the City Attorney, Code Enforcement officer Iachini, and Richard Wrenn, Manager of the Ashbury Community Association, Inc., Mr. Ginsburg stated that the agreed with the City's legal interpretation of the Code. He then deferred the case to April 15, 2008, giving the Association the opportunity to file for a variance from code requirements for subsequent consideration by the Sebastian City Council. Case No. 08 -00466 Brian and Theresa Maxson 874 Grandin Ave. Section 54 -3 -14.7. Tree Removal, grubbing, and land clearing permits. (b) Tree removal and land clearing permit. All lands within the city are required to obtain a permit for protected tree removal, grubbing or land clearing. Respondents Brian and Theresa Maxson were not present but had signed a consent order. They did not contest the violation and complied with requirements of the order by 1) obtaining an "after the fact" tree removal permit, 2) paying a total fine of $55.21, and 3) agreeing to plant one replacement tree.. The Consent Order signed by the Maxsons was presented to and signed by Mr. Ginsburg 2. Compliance Hearings: Case No. 07 -03397 Marie Terranova 1016 Indian River Drive Violations: Sect. 54- 3.11.2. Soil erosion and sedimentation control. Sect. 54 -3 -11.3 Aquifer recharge protection. (a) Aquifer recharge area defined. (b) Restrictions on development within recharge areas. (1), (2), (3) and (4) Sect. 54 -3 -11.4. Coastal resource impact analysis. Mr. Ginsburg granted the Respondent's motion for a continuance or deferral to April 15, 2008 to give the Respondent time to figure out her plans to meet the City's requirements. 3. The hearing concluded at 3:10 p.m. 2 1. Call to Order 2. Initial Hearing of Code Violation: Case No. 08 -00466 Brian and Theresa Maxson 874 Grandin Ave. 3. Compliance Hearings: 4. Adjournment Case No. 07 -03397 Marie Terranova 1016 Indian River Drive CIIYOF 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, March 18, 2008, 2:00 pm Council Chambers, 1225 Main St., Sebastian, FL 32958 Case No. 08 -00634 Ashbury Community Association, Inc. Roy Street Right -of -Way 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 COMPLL4NCE WITH THE AMERICANS WITH DISABILITES ACT (ADA) ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS HEARING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772) 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING.