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HomeMy WebLinkAbout2017 05 23 Code Enforcement Board Regular Meeting MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MAY 23, 2017 CALL TO ORDER The Regular Meeting of Tuesday, May 23, 2017 of the Code Enforcement Board was called to Order by Chairperson Matthew Criswell at 5:30 p.m., in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708. Roll Call: Chairperson Matthew Criswell, present Vice - Chairperson Gregg Roero, present Board Member Carole Giltz, present Board Member Maurice Kaprow, present Board Member Bill Poe, present Board Member Dennis Robinson, present Board Member Suzanne Walker, absent [Excused] Senior City Attorney Jennifer Nix, present, Assistant to the City Clerk Antonia Della Donna, present Chairperson Criswell noted that Board Member Suzanne Walker's absence would be considered Excused. A moment of silence was held followed by the Pledge of Allegiance. No changes to the Agenda were mentioned. Assistant to the City Clerk Antonia Della Donna swore in those who would be providing Testimony during tonight's Meeting. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 23, 2017 PAGE 2 OF 7 CONSENT AGENDA CONSENT 200. Office of the City Clerk The Office of the City Clerk Requests The Code Enforcement Board Review And Approve The March 28, 2017 Code Enforcement Board Regular Meeting Minutes. REGARDING THE PROPOSED APPROVAL OF THE MARCH 28, 2017 CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES "RECOMMEND APPROVAL AS CIRCULATED." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER ROERO. DISCUSSION. VOTE: BOARD MEMBER POE: AYE BOARD MEMBER KAPROW: AYE VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER ROBINSON: AYE BOARD MEMBER GILTZ: AYE CHAIRPERSON CRISWELL: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA - CONTINUED CASES PUBLIC HEARINGS - CONTINUED CASES 300. Not Used PUBLIC HEARINGS AGENDA - REPEAT CASES PUBLIC HEARINGS - REPEAT CASES 400. Not Used CTI-Y OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 23, 2017 PAGE 3 OF 7 PUBLIC HEARINGS AGENDA - NEW CASES PUBLIC HEARINGS - NEW CASES 500. Code Enforcement Division — Police Department CASE #2017CE000732 David Decosta And Heather Pettit 644 Redwood Drive Winter Springs, Florida 32708 City Code: 6- 84.(d) - Accessory Buildings. City Code: 6 -212. - Application For Permit; Plans And Specifications. City Code: 6- 219.(a) - Yards. Florida Building Code: 105.1 Required. (Permits) Inspector: Code Officer Rich McLaren Code Officer Rich McLaren, Code Enforcement Bureau, Police Department presented the Case information and entered "WS -1" as evidence. Continuing, Code Officer McLaren testified, "The complaint was received through Community Development [Department] in reference to a pool and a deck that were constructed on the property without a Permit and not to the proper setback from the property line. On March 24th, 2017, I met with the resident at 612 Anhinga Road whose backyard backs up to the property and she granted me permission to be on the property for the purposes of investigating this complaint. I observed the deck that was constructed in the yard in question, which rises above the fence line. Along with the deck there was also what appears to be the top of a ladder normally utilized for above ground pools. While conducting my investigation it was also noticed that the resident replaced a door with exterior wall around it also being replaced. Notice of Code Violation was prepared and mailed to the resident via Certified First Class /Return Receipt requested and signed for by a Heather Decosta on March 31St of 2017. The property and City Hall were posted for Code Board on April 26th, 2017 and the Notices were also sent out Certified First Class /Return Receipt requested as well as First Class mail. There has been no contact made with the resident until today," Photographs from "WS -1" were shown with additional comments. Code Officer McLaren continued, "I had spoken with Permitting in reference to the subject matter in question. This has been going on since May of last year whereas they were first Noticed about the pool and the deck being constructed. And they did come in to fill out paperwork in reference to the deck and the pool." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 23, 2017 PAGE 4 OF 7 In addition, Code Officer McLaren mentioned, "I can't tell how far it is from the fence line, obviously, but the resident did tell me there are times — she will get water on her back of her house from the pool, so it's close enough to fence line where it's not the required — ten feet (10') from the rear of the property." Chairperson Criswell asked about setback requirements. Code Officer McLaren replied, "By [City] Code it's supposed ten feet (10% and it's — I can tell you it's not ten feet (10')." Concluding his testimony, Code Officer McLaren stated, "My recommendation is that the resident be found in Violation of the City Ordinances and given until June S', 2017 to come into Compliance. In the event that they do not come into Compliance, a Fine of two hundred and fifty dollars ($250.00) a day be applied." Senior City Attorney Jennifer Nix inquired about the date stamps on the photographs shown in "WS -1 ". Code Officer McLaren confirmed that the camera used to take the photographs in "WS -1" was not synced to the correct date and time, and that the date stamps did not reflect the accurate dates the photographs were taken. Brief comments followed on the permitting paperwork completed by the Respondent. On a related note, Captain Chris Deisler, Code Enforcement Bureau, Police Department, noted that Mr. Brian Fields, Director, Community Development Department was available for any related questions. Mr. David Decosta, 614 Redwood Drive, Winter Springs, Florida: testified, "I didn't know I needed a Permit to put up a pool — first time having a house." Referring to Code Officer McLaren, Mr. Decosta inquired about the setback. Code Officer McLaren stated, "I can tell that it's not ten feet (10') from the distance of where the ladder is, so that would probably tell me..." Mr. Decosta said, "...It's not ten feet — I guarantee it's not ten feet (10% but you just said you didn't know." Code Officer McLaren indicated, "The Ordinance clearly states and it was conveyed by the Permitting and Planning Department that it has to be ten feet (10') from the rear property line and that's not ten feet (10') from the rear property line." Mr. Decosta remarked, "You're right, it's not." Code Officer McLaren commented, "Okay, so then that's not the [City] Code." Continuing, Mr. Decosta reiterated that he was unaware that he needed a Permit to install a pool and noted, "That's my fault. It's an expensive pool, so I can't just break it down and get another one. So, I mean what can be done to fix the situation ?" Mr. Fields stated, "A Permit for the pool and a deck was applied for in May of 2016, and Staff returned comments at that time. One of the comments was we needed a Site Plan on a Survey showing the distances from the proposed pool and deck from the property line so we could evaluate the setbacks. CTTY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 23, 2017 PAGE 5 OF 7 Based on our review of the aerial photos and the drawings that were submitted, I think we agree that the pool does not meet the rear setback or the side setback. There's a ten foot (10') rear setback, there's also a ten foot (10') rear Utility Easement in this case, both govern the pool cannot encroach into either of those. The Utility Easement does have a city force main, so we're unable to give relief into the ten foot (10') rear Utility Easement or the setback in this case. The side requirement is eight feet (8'), there's a five foot (5) side setback plus three feet (3') for any pool. In our review, the pool is large. I think the Applicant is going to have a very difficult time being able to get this pool permitted in its current location and format. So, we returned comments at that time, we — as far as I know — we had not received anything in response since June of 2016." Brief comments. Referring to Mr. Decosta, Chairperson Criswell asked, "Did you start construction before the application was — accepted ?" Mr. Decosta replied, "Which — the pool or the deck ?" Chairperson Criswell answered, "I would probably say both." Mr. Decosta confirmed, "Yes, it was all completed before the complaint was made." Chairperson Criswell clarified, "Not the complaint, I am just saying before the application was..." Mr. Decosta stated, "...Yes, it was all completed when the application was already filled out." Chairperson Criswell inquired, "But it wasn't approved ?" Mr. Decosta stated, "Yes." Discussion ensued on the chronology of events, setbacks, and Permit requirements. Board Member Bill Poe asked why the Respondent did not contact the City after receiving comments from Staff. Mr. Decosta remarked, "I don't remember receiving any comments back from the City." Referencing the submitted evidence, Code Officer McLaren stated, "You'll notice there is a copy of an email that was sent from Permitting to the residents." Board Member Maurice Kaprow asked Mr. Fields how the Respondent could achieve Compliance. Mr. Fields explained, "Needs to provide a Site Plan based on a Survey showing a pool that meets the required setbacks." Brief comments followed on the pool's current encroachment. Mr. Fields then noted that it was an above ground pool and said, "So, moved or adjusted or rebuilt to meet the setbacks would be my response to how to bring it into Compliance." Further remarks ensued on encroachment and Mr. Fields pointed out, "I think we've discussed this internally, we'll work with the Applicant on the deck and have it part of the same Permit; it's considered an accessory building." CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MAY 23, 2017 PAGE 6 OF 7 Further discussion followed on moving the pool, requirements stipulated by the City Code of Ordinances, Permits, other Code Enforcement issues around the neighborhood, and Code Enforcement procedures. With brief comments, Board Member Kaprow asked, "Is June Stn enough time for you or will you need more time ?" Mr. Decosta stated, "I need more time than that." Discussion ensued on an appropriate corrective action date. Note: The Respondent was present. "I MOVE TO FIND THE RESPONDENT IN VIOLATION OF CITY CODE AND ORDER THE RESPONDENT BE GIVEN UNTIL JULY THE 18TH TO CORRECT THE VIOLATION. IN THE EVENT THE RESPONDENT FAILS TO COMPLY BY THIS DATE, A FINE IN THE AMOUNT OF TWO HUNDRED AND FIFTY DOLLARS ($250.00) PER DAY BE IMPOSED FOR EACH DAY THE VIOLATION CONTINUES THEREAFTER THUS GIVING THE RESPONDENT SOME ADDITIONAL TIME TO RESPOND TO WHAT HE NEEDS TO DO." MOTION BY BOARD MEMBER POE. SECONDED BY BOARD MEMBER KAPROW. DISCUSSION. SENIOR CITY ATTORNEY NIX CONFIRMED THE FOLLOWING VIOLATIONS: SECTIONS 6- 84.(d) - ACCESSORY BUILDINGS., 6 -212. - APPLICATION FOR PERMIT; PLANS AND SPECIFICATIONS. 6- 219.(a) - YARDS. OF THE CITY CODE AND SECTION 105.1 REQUIRED. (PERMITS) OF THE FLORIDA BUILDING CODE. FURTHER BRIEF COMMENTS. VOTE: BOARD MEMBER GILTZ: AYE BOARD MEMBER ROBINSON: AYE CHAIRPERSON CRISWELL: AYE VICE - CHAIRPERSON ROERO: AYE BOARD MEMBER POE: AYE BOARD MEMBER KAPROW: AYE MOTION CARRIED. Additional remarks followed on how the Respondent could achieve Compliance. CITY OF WINTER SPRINGS, FLORIDA MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING — MAY 23, 2017 PAGE 7 OF 7 PUBLIC HEARINGS AGENDA - NON - COMPLIANCE CASES PUBLIC HEARINGS AGENDA — NON - COMPLIANCE CASES 600. Not Used REGULAR AGENDA REGULAR 700. Not Used ADJOURNMENT Chairperson Criswell adjourned the Regular Meeting at 5:56 p.m. RESPECTFULLY SUBMITTED: �.. , NIA � --=- m ANTO DEt: DONNA ASSISTANT TO-THE CITY CLERK NOTE: These Minutes were approved at the June 27, 2017 Code Enforcement Board Regular Meeting.