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SEBASTIAN POLICE DEPARTMENT
1201 Main Street, Sebastian, Florida 32958
Code Enforcement Division
CITY OF SEBASTIAN, FLORIDA
MINUTES
SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING
August 24, 2010
1. The hearing was called to order at 2:02 p.m. by Special Magistrate David Hancock.
2. Present: Special Magistrate David Hancock, City Attorney Robert Ginsburg, Building
Official Wayne Eseltine, Code Enforcement Clerk Susan Lorusso.
3. Hearing of Code Violation:
Case No. B10 -1004
Frank Romeo
100 Drake Way
Special Magistrate Hancock called on Mr. Ginsburg to present the case. Mr. Ginsburg gave a review
of the Circuit Court's decision in the City's favor and against Mr. Romeo and his wife with respect
to a variance of nine feet they were seeking and needed because of the illegal addition built onto
their residence at 100 Drake Way. The Romeos did not appeal that order. Mr. Ginsburg added that
he has had extensive discussions with the Romeos' attorney with the goal to get the addition
removed and replaced with a standard screen enclosure.
Mr. Ginsburg reviewed a meeting he had with Mr. Eseltine, Ms. Grohall of Growth Management
and the attorney for Mr. Romeo, where a potential resolution of the issues had been reached. Mr.
Ginsburg said Mr. Romeo will remove the side walls, roof and everything that is part of the house at
100 Drake Way that constitutes a rear addition to the property. Mr. Ginsburg added that Mr. Romeo
will obtain all necessary permits and install a standard screen enclosure consistent with his neighbors
on the street. Mr. Ginsburg said it was also agreed that Mr. Romeo would apply for and receive
permits for all work, have required inspections, and upon completion obtain a certificate of
completion from the Building Department. Mr. Ginsburg also stated that there are concrete blocks
that Mr. Romeo will have stucco or concrete placed over them to remove the bare concrete block
look. Mr. Romeo will also install landscaping along the side and back of his property.
Although discussed with Mr. Romeo's attorneys but not yet agreed to by Mr. Romeo, Mr. Ginsburg
said he would like Mr. Romeo to put either all or a substantial portion of the money for this work in
his lawyer's trust account.
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Mr. Ginsburg noted that even with the addition removed, Mr. Romeo will need a variance of
approximately eight inches because his deck extends too far. Mr. Ginsburg stated that when he
applies for the eight -inch variance, all of the issues could be presented to the city council and those
issues could become conditions of the variance.
Mr. Ginsburg stated for the record that Mr. Romeo's attorney was not present at this hearing because
he was in agreement with Mr. Ginsburg presenting the facts. Mr. Ginsburg asked for a continuation
of this case to September 21, 2010. He also stated between this hearing and the next they will work
out all the details. If that does not happen, then we will go forward with a hearing before the
magistrate in order to lay out the remedial steps to comply with the court order and bring the
property into compliance with the code by a certain time frame or be subject to a daily monetary
penalty or fine.
Special Magistrate Hancock concurred with Mr. Ginsburg's request to continue Case No. B10 -1004
until September 21, 2010.
Case No. B10 -1005
Douglas Pratt
1318 US Highway 1
Mr. Ginsburg asked Special Magistrate Hancock to dismiss this case because Mr. Pratt has obtained
his building permit, which was the relief that would have been asked. Special Magistrate Hancock
dismissed Case No. B10 -1005.
The hearings were adjourned at 2:23 p.m.
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