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12-12-00 CEB Meeting AgendaCITY OF ATLANTIC BEACH CODE ENFORCEMENT BOARD AGENDA 7:30 P.M., September 12, 2000 Callao 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 incompliance, 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 PA. 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 factthat 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 memb&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. 11. Application for Use -by -Exception filed by Atillio 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. He 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 defer the 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. There being no further business to come before the board on motion made the meeting was adjourned. SIGNED ATTESTI �fQ 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 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 Grunwald. 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 i Section 24-157-(a) of the Code, for Prior to the Code Enforcement Board four feet, and it was reported that compliance. The Board assessed Mr. 2 violation of Chapter 24, violation of set back. meeting, the fence was cut to the property is now in Allen administrative costs of $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 I. 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 4 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 Board 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 NONE Address Amount of Lien 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 Z 8. ADJOURNMENT There being no further discussion or business.to come before the Board, the meeting adjourned at 9:25 P.M. Attest: �' l mda P. Kilis Secretary •7 f Curtis Sanders, Chairman Code Enforcement Board I 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