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HomeMy WebLinkAbout09162008SMCIIYCIF 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 MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING SEPTEMBER 16, 2008 1. The hearing was called to order at 2:03 p.m. by Special Magistrate Robert Ginsburg. 2. Mr. Ginsburg swore in those individuals intending to give testimony. 3. Initial Hearing of Code Violation: Case No. 07 -05233 Sebastian Executive Building Condo Assn., Inc. 1623 US Highway 1 Sect. 54 -2 -7.7 Walls and Fences. (g) Required screens for garbage refuse dumpsters. Notwithstanding anything to the contrary contained in this section, all garbage, refuse dumpsters, regardless of the siting on the property, shall be screened on all four sides by masonry wall, fencing, or other materials permitted hereunder, at least six feet in height, and rendering the view of said dumpster invisible from adjacent properties and public rights -of -way. All proposed refuse dumpster screens must be approved by the building official through the issuance of a fence permit in accordance with procedures set forth in section 54- 2- 7.7(a). No representative of the condo association was present for the hearing. City Attorney Rich Stringer advised that the Respondent had pulled a permit for the dumpster screening, and Mr. Ginsburg approved the 30 -day extension to the case. Case No. 08 -02055 Shannon Cook 868 Schumann Drive Sec. 54 -2 -5.10. Size and dimension criteria. (e) Regulations for required yards. (2) Yards requirements. f. General encroachments into required yards. Every part of every required yard shall be open and unobstructed from its lowest point to the sky, except for ordinary projection of sill, cornices, buttresses, ornamental features and eaves; provided, however, that none of the before named projections shall project into a minimum front yard more than 18 inches nor into the minimum side yard more than 24 inches. In addition the following provisions shall govern other encroachments. 3. Horticultural growth poles, play equipment, wires, lights, mailboxes, fences, ornamental entry columns and gates not exceeding six feet in height are not considered as encroachments. Mr. Stringer, advising that Mr. Cook said he would comply with the ordinance, asked that the case be deferred until October 21, 2009. Mr. Ginsburg agreed to the deferral. Case No. 08 -02291 John Forgatch 1502 1510 Quatrain Ln 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. The application for such a permit shall be filed with the building department on forms furnished by the city manager or his designee. Any applicant for a protected tree removal, grubbing or land clearing permit must submit a plot/site plan showing the location of all protected, specimen and historic trees and which provides the city with reasonable assurances of compliance with the minimum tree requirements and the protection of historic or protected trees or mangroves. Mr. Stringer noted that an amended Notice of Hearing was sent to the Respondent. Mr. Forgatch discussed the Notice, attempted to clarify the issue, presented definitions of "grubbing," and maintained that he did not clear the land but mowed and maintained it. Mr. Ginsburg offered but Mr. Forgatch declined a continuance. Mr. Ginsburg found in the City's favor and entered an order for a fine in the amount of $100.00. Case No. 08 -02716 Russell and Sally Virgin 772 Kroegel Ave 2 Case No. 08 -02836 Rebecca Bazyler 230 S. Wimbrow Dr Case No. 08 -02715 Winifred Meyers 717 Carnation Dr 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. Special Magistrate Ginsburg read all three cases, for which each had a Consent Order signed by the Respondent(s), into the record and signed all three orders. 3. The hearing concluded at 2.32 p.m. 3 ~~1TV' a'f _.___ ~~~ -~- H4~ti1E ~3F PELIC~~! IS~ANl3 Code Enforcement Division 1225 Main Street, Sebastian, Florida 32958 Telephone (772) 388-4436 Fax (772) 388-8248 DOCKET OF SPECIAL MAGISTRATE HEARING Tuesday, September 16, 2008, 2:00 pm Council Chambers, 1225 Main St., Sebastian, FL 32958 1. Call to Order 2. Initial Hearing of Code Violation: Case No. 07-05233 Sebastian Executive Office Bldg. 1623 US Highway 1 Case No. 08-02055 Shannon Cook 868 Schumann Dr Case No. 08-02291 John Forgatch 1502 & 1510 Quatrain Ln Case No. 08-02716 Russell and Sally Virgin 772 Kroegel Ave Case No. 08-02836 Rebecca Bazyler 230 S. Wimbrow Dr Case No. 08-02715 Winifred Meyers 717 Carnation Dr 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 S ADA COORDINATOR AT (772) 589-5330 AT LEAST 48 HOURS INADVANCE OF THE MEETING.