Loading...
03-12-19 CEB Meeting Minutes (FINAL)MINUTES Code Enforcement Board Meeting Tuesday, March 12, 2019 - 6:00 PM Commission Chamber Present: Judy Workman, Member Lindsay Norman, Member Don Sasser, Member Benjamin de Luna, Chair Absent: Whitney Heflin, Member Louis Keith, Member Also Present: Brenna Durden, City Attorney (CA) Shane Corbin, Community Development Director Angela Irizarry, Code Enforcement Officer Phyllis Nadeau, Associate City Clerk/Recording Secretary 1. CALL TO ORDER Chair de Luna called the meeting to order at 6:00 PM. 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL Secretary called the roll and a quorum was present. 4. APPROVAL OF MINUTES A. Approve minutes of the January 8, 2019 regular meeting of the Code Enforcement Board. MOTION. To approve minutes of the January 8, 2019 Code Enforcement Board meeting. Motion: Lindsay Norman Second: Judy Workman Voice vote resulted in all Ayes to approve the minutes as submitted. 5. ADMINISTRATION OF OATH Chair de Luna administered the Oath to attendees presenting testimony -staff, respondents, and witnesses. Code Enforcement Board March 12, 2019 6. OLD BUSINESS Code Enforcement (CE) Officer Irizarry provided a summary of the three properties/four cases for Klotz. Ms. Irizarry explained that the owner of the property, Jeff Klotz, has met with Planning and Development and has submitted a proposed site plan for a new use of the properties - an art area, a farmers market, and some other different uses. Demolition permit applications have been submitted to demo some of the buildings, all pending approval of the proposed site plan. A. CASE #: 17-286 NAME: Ossi Klotz,LLC ADDRESS: 1830 Mayport Road CE Officer Irizarry presented the case history and displayed photos. She reported the demolition permit application has been submitted and is pending processing. Mr. Klotz's attorney, Mr. William Corley, is present. Mr. Corley addressed the Board and submitted a handout of a map showing the structures pending demolition and a map showing the preliminary site plan for the change in use. (attached and made part of the record) Mr. Corley also provided information about their total plans for redevelopment of other properties north and west of these referenced properties on Mayport Road. Ms. Irizarry explained the City wishes to work with the Respondent as the project moves forward. The proposed redevelopment will have a positive impact to this community. Staff recommended that no fines be imposed and requests to allow sixty (60) days to complete the demolition. Chair de Luna opened the floor for questions from the Board members. All questions were answered. After a lengthy discussion it was suggested to allow ninety (90) days to complete the demolition. MOTION. To continue Case #17-286, and allow ninety (90) days to complete the demolition. Failure to comply will result in the $250.00 per day fine being imposed. Motion: Judy Workman Second: Lindsay Norman Voice vote resulted in all Ayes to approve the motion. B. CASE#: 17-287 NAME: Ossi Klotz,LLC ADDRESS: 1850 Mayport Road Code Enforcement Board March 12, 2019 CE Officer Irizarry presented the case history and displayed photos of the roof violation. Ms. Irizarry reported a roof permit was issued, the work/repairs completed per Mr. Corley, but there has been no call for a final inspection. This building is boarded and not in use. She reported determining future use or demolition of this structure is pending approval of the preliminary site plan application that has been submitted and is pending processing. Mr. Klotz's attorney, Mr. William Corley, had nothing to add to the report. Ms. Irizarry stated there is a pending $250.00 per day fine and requested holding fines in abeyance while the Respondent is working with the City on the proposed site redevelopment plans. Staff also recommended allowing ninety (90) days to allow for determining future use or demolition of this structure. There was a lengthy discussion with questions about the status of the roof, the process and time schedule for processing the site plans, and determining future use or demolition of this structure. MOTION. To continue Case #17-287 and allow until March 31, 2019 to obtain the required roof inspection for compliance. Failure to comply will result in the $250.00 per day fine being imposed. Motion: Norman Second: Sasser Voice vote resulted in all Ayes to approve the motion. C. CASE#: 18-064 NAME: Ossi Klotz,LLC ADDRESS: 1850 Mayport Road CE Officer Irizarry presented the case history and displayed photos. She reported that there are thirteen (13) violations of the interior of the structure. It is currently boarded and not in use. As stated in the previous case (same address) determining future use or demolition of this structure is pending approval of the preliminary site plan application that has been submitted and is pending processing. Staff recommends finding this case in compliance because it is boarded and not in use. MOTION. • To find Case #18-064 in compliance. Motion: Judy Workman Second: Lindsay Norman Voice vote resulted in all Ayes to approve the motion. Code Enforcement Board March 12, 2019 D. CASE#: 18-073 NAME: Ossi Klotz, LLC ADDRESS: 1844 Mayport Road CE Officer Irizarry presented the case history and displayed photos. She reported that the proposed plan, pending preliminary site plan approval, is for a Farmers Market. Ms. Irizarry was informed by Mr. Corley they want to gut the building, which would resolve all the open violations on the property. Currently there is one tenant operating a business in this building. CE Officer Irizarry stated the building is a safety issue. Staff recommended continuing the fine. The respondent should either gut the building or board the building to be in compliance. The tenant would have to vacate the building. Mr. Corley concurred and is willing to board the building. MOTION. • To continue Case #18-073 and allow ten (10) days to board the building and vacate the tenant. Failure to comply will result in the $250.00 per day fine being imposed. Motion: Lindsay Norman Second: Don Sasser Voice vote resulted in all Ayes to approve the motion. Chair de Luna called for a recess at 6:48 PM. The meeting reconvened at 6:50 PM. E. CASE#: 18-100 NAME: Lisa Pelkey ADDRESS: 1887 Beach Avenue CE Officer Irizarry presented the case history and displayed photos. She reported the violation was for failing to correct the hurricane damage to the exterior walls and noted this property is on the oceanfront. Officer Irizarry stated the property is being remodeled, the necessary permits have been pulled and repairs to the hurricane damage have been addressed. She recommended finding this homeowner in compliance. MOTION: To adopt Staff recommendation and find Case #18-100 in compliance. Motion: Lindsay Norman Second. Judy Workman Code Enforcement Board March 12, 2019 Judy Workman (Seconded By) For Lindsay Norman (Moved By) For Don Sasser For Benjamin de Luna For Motion passed 4 to 0. F. CASE: 18-113 NAME: Willie Johnson Estate ADDRESS: 1921 Mealy Street CE Officer Irizarry presented the case history and displayed photos. She reviewed Mr. Demps obtained the property in October 2018, has to wait six months (April 2019) before applying for the HELOC (Home Equity Line of Credit) in order to make the necessary repairs. Mr. Demps is not present to provide an update on permits, work, etc., and Officer Irizarry stated she will continue this case and put him back on the next meeting agenda. G. CASE: 18-158* NAME: Sheila Powers ADDRESS: 1946 Beachside Court CE Officer Irizarry presented the case history of the violations and displayed photos. Ms. Irizarry reported the Respondent obtained a variance and a fence permit and are now in compliance. The Respondent was present and had nothing to add. MOTION. • To adopt the Staff recommendation, find Case #18-158 in compliance. Motion: Don Sasser Second. Judy Workman Don Sasser (Moved By) For Judy Workman (Seconded By) For Lindsay Norman For Benjamin de Luna For Motion passed 4 to 0. H. CASE#: 18-182* NAME: William Easterbrooks ADDRESS: 925 Amberjack Lane CE Officer Irizarry presented the case history of the violations and displayed photos. Ms. Irizarry reported the Respondent has removed the storage items from the driveway, the fascia and soffit are repaired, and removed the porch. This case is in compliance. Code Enforcement Board March 12, 2019 MOTION: To adopt the Staff recommendation, find Case # 18-182 in compliance. Motion: Lindsay Norman Second. Don Sasser Lindsay Norman (Moved By) For Don Sasser (Seconded By) For Judy Workman For Benjamin de Luna For Motion passed 4 to 0. I. CASE#: 18-204 NAME: William Dutter ADDRESS: 177 Pine Street CE Officer Irizarry presented the case history (from June 2018) of the violations and displayed photos. Ms. Irizarry reported the Respondent now has a contractor, a permit application has been submitted, and work will commence May 1, 2019. The Respondent is not present. Staff recommendation is to allow until May 15, 2019 to start work or impose a fine. Sue Perry, complainant, took the floor to address the Board. She spoke about a fraudulent civil law suit Mr. Dutter filed, the impact this case has had on her property and stated the Respondent is using delay tactics. Ms. Perry stated that the work should start sooner and that a fine should be imposed. Officer Irizarry submitted a copy of the contractor's contract to the Board for verification. MOTION: To find Case #18-204 is in violation, allow until May 31, 2019 for completion of the work for compliance. Failure to comply will result in a $250.00 per day fine until in full compliance. Motion: Judy Workman Second. Lindsay Norman Judy Workman (Moved By) For Lindsay Norman (Seconded By) For Don Sasser For Benjamin de Luna For Motion passed 4 to 0. Code Enforcement Board March 12, 2019 J. CASE#: 18-320 NAME: Ghose Devajyoti ADDRESS: 317 East Coast Drive CE Officer Irizarry presented the case history of the violations and displayed photos. Ms. Irizarry reported the Respondent has flagstone in their rear yard that exceeds the 50% impervious rule. Staff recommendation is to find Case #18-320 in violation and impose the $250.00 per day fine until the flagstone is completely removed. The Respondent was present and addressed the Board and spoke about the flagstone installation/violation history and their pervious/impervious surface on the property. There was a lengthy discussion about the recent change in code pertaining to pervious/impervious surface, which now allows for a variance. The Respondent expressed interest in pursuing an application for a variance (via the Community Development Board). MOTION. To continue Case # 18-320 to May 31, 2019 and report status at the following Code Enforcement/Special Magistrate meeting. Motion: Benjamin de Luna Second: Lindsay Norman Lindsay Norman (Seconded By) For Benjamin de Luna (Moved By) For Judy Workman For Don Sasser For Motion passed 4 to 0. 7. NEW BUSINESS A. CASE#: 18-322 NAME: Sandra Pischly Estate ADDRESS: 1044 Hibiscus Drive CE Officer Irizarry presented the case history of the violations and displayed photos. Ms. Irizarry reported the Respondent installed a fence without a permit and as of this date no permit application has been submitted. Staff recommendation is to find Case #18-322 in violation, allow fifteen (15) days to submit the required permit application for review and approval. Failure to comply will result in a $100.00 per day fine until full compliance is achieved. Code Enforcement Board March 12, 2019 ACTION: To adopt the Staff recommendation, find Case #18-322 in violation, allow fifteen (15) days to submit the required fence permit application for review and approval. Failure to comply will result in a $100.00 per day fine until full compliance is achieved. Motion: Lindsay Norman Second. Don Sasser Lindsay Norman (Moved By) Don Sasser (Seconded By) Judy Workman Benjamin de Luna Motion passed 4 to 0. B. CASE#: 18-365* NAME: Sheri Fogg Parkinson ADDRESS: 1010th Street Unit 22 For For For For CE Officer Irizarry presented the case history of the violations and displayed photos. Ms. Irizarry reported the Respondent had general construction work completed in the unit without the required permits and inspections. Upon receipt of the notification of the violation the Respondent applied for and obtained a permit for the work on the interior of the unit. They have passed their first inspection. Staff recommendation is to find Case #18-365 in violation, and now in compliance. MOTION: To adopt Staff recommendation and find was in violation, and now in compliance. Motion: Lindsay Norman Second: Judy Workman Judy Workman (Seconded By) For Lindsay Norman (Moved By) For Don Sasser For Benjamin de Luna For Motion passed 4 to 0. C. CASE#: 19-002 NAME: James Douglas Thompson ADDRESS: 221 Seminole Road CE Officer Irizarry presented the case history of the violations and displayed photos. Ms. Irizarry reported the Respondent installed new windows and a fence without a permit and as of this date no permit application has been submitted. Code Enforcement Board March 12, 2019 Staff recommendation is to find Case 419-002 in violation, allow fifteen (15) days to submit the required permit application for review and approval. Failure to comply will result in a $100.00 per day fine until full compliance is achieved. MOTION: To adopt Staff recommendation, to find Case #19-002 in violation, allow fifteen (15) days to submit the required permit application for review and approval. Failure to comply will result in a $100.00 per day fine until full compliance is achieved. Motion: Lindsay Norman Second. Don Sasser Lindsay Norman (Moved By) For Don Sasser (Seconded By) For Judy Workman For Benjamin de Luna For Motion passed 4 to 0. 8. ADJOURNMENT. Mayor Glasser took the floor to address the Board and acknowledged everyone - Staff and volunteers alike - for their participation in City government. Ms. Glasser extended her thanks to the Code Enforcement Board for their outstanding dedication and service to the City of Atlantic Beach. This is the last Code Enforcement Board meeting; the Special Magistrate will start in May 2019. Mayor Glasser presented certificates to the Code Enforcement Board members. There being no further discussion, Chair de Luna declared the meeting adjourned at 10:30 p.m. Attest: aA� Phyll' Nadeau,Recording Secretary Benjamin de Luna, Chair Date Approved Code Enforcement Board March 12, 2019