09-12-00 CEB Meeting AgendaCITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD AGENDA
7:30 P.M., September 12, 2000
Call to order
Pledge of Allegiance to the Flag
Roll Call
1. Approval of the Minutes of the Regular Meeting held May 2, 2000.
2. Recognition of Visitors and Guests regarding any matters not listed on the agenda.
3. Introduction of new Code Enforcement Official, Alex Sherrer.
4. UNFINISHED BUSINESS:
A. Case No. 00-8840 - Christopher Allen, 49 Ardella Road (RE#172059-0000). The
property is in compliance, and the administrative costs of $80.59 assessed to Christopher Allen
have been paid. This case is now closed.
B. Case No. 00-8985 - J. Malcolm Jones, 161 Beach Ave. (RE#170215-0000). The
owner of the property is in violation of Chapter 24, Section 24-157(a), Violation of height
limitations for fences.
This Board granted the request of counsel, allowing sixty (60) days from May 2, 2000, for
J. Malcolm Jones to apply to the Community Development Board for a variance regarding
the fence. This Board also found at its meeting on May 2, 2000, that if the variance was
denied, Mr. Jones would have ten (10) days to lower the fence to meet code requirements.
The administrative costs assessed to Mr. Jones were paid on June 8, 2000.
The Community Development Board denied the Application for Variance on July 18, 2000,
and Emily C. Pierce, counsel for Mr. Jones, was present at the meeting and is aware of the
denial of the variance. (See copy of the Minutes of the Community Development Board
meeting attached.) The time for filing an appeal has expired. Code Enforcement Officer
Sherrer has sent a letter to Mr. Jones advising him to lower the fence to come into
compliance with code requirements.
C. Case No. 00-9018 - Robert Stewart, 348 Church Road (RE#172338-0000). The
owner of the property is in violation of Chapter 12, Section 1-2-3, trash and debris scattered
throughout the yard and right of way, and Chapter 12, Section 12-1-7, abandoned vehicles stored
on right of way.
This property is now in compliance, and this case has been closed.
D. Case No. 00-8878 - Hattie L. Tillman, 64 Jackson Road (RE#172041-0000). The
owner of the property is in violation of Chapter 12, Section 12-1-7, abandoned vehicles.
The property is in compliance, however, the administrative costs of $63.59 assessed to
Hattie L. Tillman have not been paid.
G. Case No. 00-8951- Fred Lewis, Inc., 1485 Mayport Road (RE#171090-0000).
The owner of the property is in violation of Chapter 12, Section 12-1-7, Abandoned furniture
deposited on property.
The property is now in compliance, the administrative costs of $63.59 assessed to Fred
Lewis, Inc. were paid on May 18, 2000, and this case is now closed.
5. NEW BUSINESS:
NONE
6. REQUEST FOR LIEN ACTION:
Name Address Amount of Lien
NONE
7. BOARD MEMBER COMMENTS:
Adjourn to Workshop Meeting (see Agenda for Workshop Meeting).
8. ADJOURNMENT
2
MINUTES OF MEETING OF THE '
COMMUNITY DEVELOPMENT BOARD
- OF THE CITY OF ATLANTIC -BEACH,- FLORIDA - -
-- ---------- -- ----- - - July 18,2000-----,. -- --- - -- -- - --=---
7:00 P.M.
CITY HALL
PRESENT Don Wolfson
Robert Frohwein
Mary Walker
Craig Burkhart
Sam Jacobson
AND George Worley, II, CD Director
Alan Jensen, Esquire
Pat Harris
ABSENT Sharette Simpkins
Pat Pillmore
Chairman Don Wolfson called the meeting to order and asked for approval of the
minutes from the meeting of May 16, 2000. On motion made and seconded the minutes
were approved.
I. Application for Variance filed by Emily C. Pierce for J. Malcolm Jones to allow an
existing fence with heights from 8 to 11 feet at property located at 161 Beach Avenue.
Ms. Pierce introduced herself and presented to each member a pamphlet
summarizing the applicant's request with photographs of the subject property. She added
that he purchased the property in 1972 and was issued a permit for a 6 -foot fence. She
stated that the applicant's hardship relates to the height and bulk of the adjoining buildings.
Responding to a question from Mr. Wolfson, Ms. Pierce stated that the applicant
knowingly constructed the fence higher that the required and permitted six feet in height.
Peter Coalson introduced himself to the board and indicated he is a building
contractor and is available to assist the applicant with any requirements by the city
regarding the fence.
Responding to the chairman's request, Mr. Worley explained that the height and
bulk of adjacent buildings had not been a determining factor in previous fence height
variance requests. He added that in his opinion, because the improvements on the
adjacent property that lie closest to the owner's property are in conformance with code
requirements, the fact that the adjacent property, in total, is nonconforming does not create
a hardship to justify the granting of a variance and therefore his recommendation of denial
stands.
The consensus of the board was that no hardship exists and each member cited
reasons why they opposed granting the variance.
After discussion, Mrs. Walker moved to deny the variance request and Mr. Frohwein
seconded the motion.
After further discussion, the board voted unanimously to deny the variance.
II. Application for Use -by -Exception filed byAtillio and Cathy Cerqueira to allow
for storage of boats and recreation vehicles at property known as Lots 1 through 7, Block
32, Section H.
Mr. Cerqueira introduced himself and stated that he desires to construct a sheltered
area for storage of RV's and boats. He stated that the flyover that is being constructed will
limit his ability to lease the property for retail usage.
Mr. Worley stated that the request is unusual. He stated that the property abuts
residential neighborhood to the west, however, across the street to the south JTA will build
a retention pond and this property will be impacted. Re stated that the applicant has been
diligent in complying with prior variances granted on other properties. He added that the
problem he sees is the large vehicle parking lot requiring much more maintenance than an
occupied building, but conditions imposed by the board would help mitigate any adverse
impact.
Mr. Wolfson voiced concerns with the physical appearance of an open structure and
signage at the site. He requested that the east and west ends be enclosed. He also
questioned the sizes of the individual spaces and turn around room.
Each member expressed to the applicant that more information was needed for
them to make a recommendation to the City Commission and requested a clearer
conception as to landscaping, buffering, ingress and egress, setbacks, building elevations,
water retention, signs, lighting, and size and location of the structure on the property.
The applicant stated that he is faced with a hardship and is asking for the use -by -
exception because of the hardship. He stated that he has a right to put a building on the
property. He added that he would have to comply with all of the city's requirements prior
to the issuance of a building permit.
After discussion, Mr. Burkhart moved to deferthe application until the next meeting.
Mr. Frohwein seconded the motion and it passed unanimously.
Mr. Worley reminded the board of the workshop meeting with the City
Commissioners scheduled for Monday, July 24, 2000 at 5:00 p.m.
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD MINUTES
MAY 2, 2000
Call to order: PRESENT:
Ken Rogosheske, Chairman
Curtis Sanders -
Tami Deitchman
Richard Mann
E.T. Fernandez, III
Robert Etheridge
James Pelkey
a
AND: Suzanne Green, Prosecuting Attorney
Alan Jensen, City Attorney
Karl W. Grunewald, Code Enforcement Officer
Linda P. Kilis, Secretary
The meeting was called to order at 7:30 p.m. by Chairman Ken Rogosheske, followed by the
Pledge of Allegiance to the Flag.
1. Approval of Minutes of the Regular Meeting of March 7, 2000.
2. Upon Chairman Rogosheske's request, the Secretary read the roll, finding that
Board Member James Pelkey was absent.
3. Recognition of Visitors and Guests regarding any matters that are not listed on the
agenda.
Denise Helms of the Public Works Department was present and introduced by Code
Enforcement Officer Grunewald. She advised the Board that she is the cross -connection
administrator for the City of Atlantic Beach. She has to make sure that everyone is in
compliance, and if not, she may be bringing cases before the Board in that regard.
4. UNFINISHED BUSINESS:
Code Enforcement Official Grunewald presented brief follow-up reports on the following cases:
A. Case No. 99-8774 - Mervyn & Theresa Russell, 1405 Main Street. The owners of
the property are in violation of the following sections of Chapter 23, Section 23 - 17(b)(I),
Removal of trees without a permit; and Chapter 23, Section 23 - 17(g)(3) a & B, Failure to pay
mitigation.
Code Enforcement Official Grunewald advised the Board that the Russells have paid the
reduced Tree Board fine of $3,000.00, plus the administrative charges of $94.84, and this case is
closed.
= B. Case No. 2000 - 8844 - Beatrice M. Hartman, 582 Aquatic Drive. The owner of -
the property is in violation of Chapter 4, Section 24 & Chapter 24, Section 27, Animal Control
Citations #00291 & 00292. Two citations were issued, and each is a third offense.
Code Enforcement Official Grunewald advised the Board that Ms. Hartman has not paid
the administrative charges of $114.16 assessed to her, and no further action needs to be taken at
this time.
C. Case No. 99-8555 - Ralph Spight, 665 Sailfish Dr. (RE#171225-0000). The owner
of the property is in violation of Chapter 4, Section 4-39(b) of the Code for failure to pay an
Animal ControlCitation.
Code Enforcement Official Grunewald advised the Board that Ralph Spight has not paid
the fine of $50.00 or the administrative costs of $73.25, totaling $123.25 assessed to him, and no
further action needs to be taken at this time.
5. NEW BUSINESS:
Chairman Rogosheske then read the case numbers and names of persons being brought
before the Code Enforcement Board. The Chairman then read the conduct of the meeting,
asked all witnesses to stand, raise their right hands, and they were sworn in.
Board Member Pelkey arrived at this time.
Prosecuting Attorney Suzanne Green asked the Board to entertain first the two cases in which the
individuals have attorneys representing them, i.e., Case No. 00-8840 Christopher Allen, and Case
No. 00-8985 J. Malcolm Jones.
C. Case No. 00-8840 - Christopher Allen, 49 Ardella Road (RE#172059-0000). The
owner of the property is in violation of Chapter 24, Section 24-65 (c), No Permit, and Chapter
24, Section 24-157 (a), Violation of set back and height requirements.
Attorney Robert B. Persons, Jr. appeared on behalf of Christopher Allen who was present,
as well as a witness, Mr. Moss.
Christopher Allen was found to be in violation of Chapter 24,
Section 24-157-(a) of the Code, for violation of set back.
Prior to the Code Enforcement Board meeting, the fence was cut to
four feet, and it was reported that the property is now in
compliance. The Board assessed Mr. Allen administrative costs of
2
$80.59 which may be included in a lien authorized under Sec.
162.09(3) if not paid within 30 days. Additionally, the Board
found that if Mr. Allen is found to be in violation of this Code
again, it will be a repeat violation and the fine will be $500.00
per day from the date he is first notified by the Code
Enforcement Officer until the property is brought into compliance
to the satisfaction of the Code Enforcement Officer.
F. Case No. 00-8985 - J. Malcolm Jones, 161 Beach Ave. (RE#170215-0000). The
owner of the property is in violation of Chapter 24, Section 24-157(a), Violation of height
limitations for fences.
J. Malcolm Jones was found to be in violation of Chapter 24,
Section 24-157-(a) of the Code, for violation of height
limitations for fences. The Board granted the request of counsel,
Emily G. Pierce, Esq., allowing sixty (60) days for her client to
apply to the Community Development Board for a variance regarding
the fence. If the variance is not granted, Mr. Jones will have
ten (10) days to lower the fence to meet code requirements.
Further, the Board assessed Mr. Jones administrative costs of
$178.34 which may be included in a lien authorized under Sec.
162.09(3) if not paid within 30 days.
A. Case No. 00-9018 - Robert Stewart, 348 Church Road (RE#172338-0000). The
owner of the property is in violation of Chapter 12, Section 1-2-3, trash and debris scattered
throughout the yard and right of way, and Chapter 12, Section 12-1-7, abandoned vehicles
stored on right of way.
Robert Stewart was present. Upon Mr. Stewart advising the Board
that the cars have been removed from the property, and that he
tries to comply, but doesn't understand why he has to move the
lawn mower and things that he works with, the Board agreed not to
rule on this matter at this time, allow Mr. Stewart to clean up
the property by May 15, 2000, at which time the new Code
Enforcement Officer will check on the property and inform the
Board at the next meeting on July 11, 2000, as to whether or not
Mr. Stewart is in compliance with code.
3
B. Case No. 00-8878 - Hattie L. Tillman, 64 Jackson Road (RE#172041-0000). The
owner of the property is in violation of Chapter 12, Section 12-1-7, abandoned vehicles.
Hattie -Tillman did not appear as subpoenaed, nor did the witness,
Rita Jackson. The Code Enforcement Board found Hattie Tillman to
be in violation of Chapter 12, Section 12-1-7, of the Code,
abandoned vehicles, and accepted the recommendation of the Code
Enforcement Officer as follows: Hattie Tillman or Rita Jackson
are given five days to bring the property into compliance, and at
the end of that time, the Board may fine the owner of the
property $25.00 per day until the vehicles are brought into
compliance or removed. Any future violation will be a repeat
violation and a fine of up to $500.00 per day shall be levied
from the first day it is noticed by the Code Enforcement Officer,
and an appearance before the Board will be mandatory. In
addition, the Board assessed Ms. Tillman administrative costs of
$63.59 which may be included in a lien authorized under Sec.
162.09(3) if not paid within 30 days.
D. Case No. 00-8968 -Tony 1. Germer, 94 West 13th Street (RE#170805-0070). The
owner of the property is in violation of Chapter 12, Section 12-1-7, Abandoned vehicles being
stored on property.
Tony Germer did not appear as subpoenaed. Upon being advised that
the property is in compliance, the Code Enforcement Board found
Tony Germer to be in violation of Chapter 12, Section 12-1-7, of
the Code, abandoned vehicles, and upon recommendation of the Code
Enforcement Officer, waived the fine and administrative costs.
E. Case No. 00-8951 - Fred Lewis, Inc., 1485 Mayport Road (RE#171090-0000).
The owner of the property is in violation of Chapter 12, Section 12-1-7, Abandoned furniture
deposited on property.
No one appeared on behalf of Fred Lewis, Inc. The Code
Enforcement Board found Fred Lewis, Inc. to be in violation of
Chapter 12, Section 12-1-7, of the Code, abandoned furniture, and
accepted the recommendation of the Code Enforcement Officer as
follows: If the violation is not corrected in five days to the
satisfaction of the Code Enforcement Officer, a fine of $25.00
per day shall be levied until compliance is reached. If this
M
property owned by Fred Lewis, Inc. is ever in non-compliance
again, it shall be a repeat violation and a fine of $500.00 per
day shall be automatic until the property is brought into
compliance, -_and a mandatory appearance_before-the -Boa-rd-shall-be
required. In addition, the Board assessed Fred Lewis, Inc.
administrative costs of $63.59 which may be included in a lien
authorized under Sec. 162.09(3) if not paid within 30 days.
6. REQUESTS FOR LIEN ACTION:
Name Address Amount of Lien
NONE
6. BOARD MEMBER/CODE ENFORCEMENT OFFICIAL COMMENTS:
♦ Code Enforcement Official Grunewald introduced Nick Vander Wal, the new Code
Enforcement Official
♦ Board Member Curtis Sanders was elected and agreed to serve as the new
Chairman of the Code Enforcement Board effective May 15, 2000
♦ Code Enforcement Official Grunewald advised that the Florida Association of Code
Enforcement convention will be held in Orlando June 21- 24, 2000, and asked that
anyone who wants to attend to contact him
♦ Code Enforcement Official Grunewald presented outgoing Chairman Rogosheske
with a card signed by all Board members, attorneys and secretary, and advised that
Mayor Meserve is going to do a presentation to Chairman Rogosheske at the May
8th Commission meeting
♦ Chairman Rogosheske presented outgoing Code Enforcement Official Grunewald
with a framed certificate of appreciation for his years of service to the Board and
City of Atlantic Beach
5
8. ADJOURNMENT
There being no further discussion or business.to come before the Board, the meeting adjourned at
9:25 P.M.
Attest:
mda P. Kilis
Secretary
Curtis Sanders, Chairman
Code Enforcement Board
0
CITY OF ATLANTIC BEACH
CODE ENFORCEMENT BOARD AGENDA
WORKSHOP MEETING
8:00 P.M., September 12, 2000
Call to order
Discussion regarding the following items:
1. Upcoming election of Board Members, James Pelkey and Robert Etheridge, whose
terms are expiring 9/30/00.
2. Alternate Board Members.
3. Animal Control Citations.
4. Other.
ADJOURNMENT
1