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HomeMy WebLinkAbout2023 01 24 Public Hearing - New Case item 500 - Case# 2022CE001647 1271 Belle Ave10 PARCEL OWNER: BK SPORTS ENTERPRISES INC 1271 BELLE AVE WINTER SPRINGS, FL 32708 CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, COMPLAINT NO: 2022CE001647 PETITIONER, vs. RESPONDENT NOTICE OF CODE BOARD HEARING Please take notice that at 5:30 P.M. on January 24, 2022 the Code Enforcement Board will hold a hearing to determine whether you are in violation of the City Code as follows. The hearing will be held at Winter Springs City Hall located at 1126 East State Road 434, Winter Springs, Florida. Address of Violation: 1271 BELLE AVE, WINTER SPRINGS, FL 32708 Property Owner Name: BK SPORTS ENTERPRISES INC Property Mailing Owner Address: 1271 BELLE AVE. WINTER SPRINGS, FL 32708 The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation, attached hereto, and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.06, Florida Statues. If the Code Enforcement Board finds your property in violation of the City Code(s) you can be fined up to $250.00 per day for each day the violation continues and up to $500 per day for each day a repeat violation continues. You may also be charged for the costs that are incurred by the city in prosecuting the case. In the event violation fines and the costs are not paid within a reasonable time there can be a lien filed against the property and upon any other real or personal property owned by the violator in accordance with Section 162.09, Florida Statutes. The hearing is conducted within guidelines of City of Winter Springs Code 2-60 and Chapter 162, Florida Statutes. You may appear in person and are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above-referenced hearing. If you choose to not attend the hearing you can lose your right to present facts in this case. The Code Board will subpoena witnesses on your behalf upon written request to the Code Board through the City of Winter Springs Clerk’s Office. An aggrieved party, including the City of Winter Springs, may appeal a final administrative order of the Code Enforcement Board to the Circuit Court as provided by the general law of the State of Florida. Any such appeal must be filed within thirty (30) days of the execution of the order to be appealed. In the event that you appeal the Order of the Code Enforcement Board, you will be required to have an official record of the proceedings. You may, at your own expense, arrange for the official transcript of the testimony and evidence presented at the hearing. I certify a copy of this document was sent by Certified and First class on 01/03/2023, posted on the property, and at Winter Springs City Hall as per Florida State Statute 162. Professionally, _______________________________ Code Officer Mariah Quinn Certified mailing: 70212720 0002 5041 5312 11 State of Florida Accredited Agency WINTER SPRINGS POLICE DEPARTMENT CODE ENFORCEMENT DIVISION 300 North Moss Road - Winter Springs, FL 32708 Business (407) 327-1000 - Fax (407) 327-6652 November 1, 2022 Case #: 2022CE001647 Address of Parcel in Violation: 1271 BELLE AVE, WINTER SPRINGS FL 32708 NOTICE OF CODE VIOLATIONS THIS NOTICE OF CODE VIOLATION(S) requires your immediate attention. The above mentioned property has been inspected on the dates below and has revealed a violation(s) of the Winter Springs City Code. Inspector Date CODE OFFICER MARIAH QUINN October 30, 2022 Violation Description Comments/Corrections Needed WS City Ord. 6-2 Structural supports and alterations to the former screened in patio need to have an approved permit. ** This patio enclosure needs to have engineered drawings submitted with a permit application or the entire framework/walls/windows need to be removed and the structure brought back to its original state.** Contact Permitting at 407-327-1800 or stop by the office located at City Hall. Before any alterations or repairs are done please check with permitting first to verify no permits are required for the work. The City of Winter Springs is working with residents and business owners through November 30, 2022 by waiving permitting fees for some repairs caused by hurricane Ian. Florida Building Code 105.1 Permits must be obtained before any construction on a structure commences. Failure to correct the violation(s) by the due date specified below and to notify the Winter Springs Code Enforcement Division of the corrections will result in a hearing being requested before the City of Winter Springs Code Enforcement Board, which has the power to levy fines up to $250.00 per day for first offenses or up to $500.00 for repeat offenses per day that the violation remains. In addition, if the violation is one that presents a serious threat to the public health, safety and welfare, pursuant to Section 162.09, Florida Statutes, the Code Enforcement Board has the authority to notify the City Commission, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with any fine imposed. In the event violation fines and costs are not paid within a reasonable time there can be a lien filed against the property and upon any other real or personal property owned by the violator in accordance with Section 162.09, Florida Statutes. To schedule an inspection, or should you require additional information regarding this Notice, please contact the Code Enforcement Division at 407-327-1000. BK SPORTS ENTERPRISES INC. 1271 BELLE AVE WINTER SPRINGS, FL 32708 CERTIFIED MAIL & Regular Mail 12 2 Corrective Action Comments Due Date Notice of Code Violation See specific correction comments provided. December 15, 2022 Municipal Code Code Text WS City Ord. 6-2 (a) No building or structure shall hereafter be constructed, altered, repaired or removed, nor shall the equipment of a building, structure or premises be constructed, installed, altered, repaired or removed, except in conformity with the provisions of this chapter. (b) No building or structure shall be altered in any manner that would be in violation of the provisions of this chapter or any authorized rule or approval of the building inspector made and issued pursuant to this chapter. Florida Building Code 105.1 Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or erect, install, enlarge, alter, repair, remove, convert or replace any impact-resistant coverings, electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Professionally, _______________________ Code Officer Mariah Quinn Certified Mailing Number: 7021 2720 0002 5041 5220 & Hand delivered to 1271 Belle Ave 13 Property Record Card Parcel 04-21-30-511-0B00-0010 Property Address 1271 BELLE AVE WINTER SPRINGS, FL 32708 Parcel Location Site View Parcel 04-21-30-511-0B00-0010 Owner(s)BK SPORTS ENTERPRISES INC Property Address 1271 BELLE AVE WINTER SPRINGS, FL 32708 Mailing 1271 BELLE AVE WINTER SPGS, FL 32708-2965 Subdivision Name JOHNSONS POULTRY FARMS Tax District W1-WINTER SPRINGS DOR Use Code 21-RESTAURANT Exemptions None AG Classification No 2022 Certified Tax Summary 2022 Tax Amount without Exemptions 2022 Tax Bill Amount $7,078.93 2022 Tax Savings with Exemptions $23.69 $7,055.24 * Does NOT INCLUDE Non Ad Valorem Assessments Legal Description LOTS 1 2 & 3 (LESS RD) BLK B JOHNSONS POULTRY FARMS PB 6 PG 8 Parcel Information Value Summary 2023 Working Values 2022 Certified Values Valuation Method Cost/Market Cost/Market Number of Buildings 2 2 Depreciated Bldg Value $74,310 $71,687 Depreciated EXFT Value $40,681 $39,578 Land Value (Market)$339,410 $339,410 Land Value Ag Just/Market Value $454,401 $450,675 Portability Adj Save Our Homes Adj $0 $0 Amendment 1 Adj $0 $2,312 P&G Adj $0 $0 Assessed Value $454,401 $448,363 Taxes Taxing Authority Exempt ValuesAssessment Value Taxable Value SJWM(Saint Johns Water Management)$454,401 $0 $454,401 CITY WINTER SPRINGS $454,401 $0 $454,401 FIRE FUND $454,401 $0 $454,401 COUNTY GENERAL FUND $454,401 $0 $454,401 Schools $454,401 $0 $454,401 January 17, 2023 07:12 AM Page 1/3 14 Sales Description Date Book Page Amount Qualified Vac/Imp TRUSTEE DEED 09/25/2020 09724 1385 $650,000 No Improved CERTIFICATE OF TITLE 05/01/1997 03240 0380 $100 No Improved WARRANTY DEED 07/01/1986 01752 0856 $360,000 No Improved Land Method Frontage Depth Units Units Price Land Value SQUARE FEET 51348 $6.61 $339,410 Building Information #Description Year Built Actual/Effective Stories Total SF AppendagesExt Wall Adj Value $71,049 Description Repl Value 1 MASONRY PILASTER .1975/1985 1 825.00 WOOD SIDING WITH WOOD OR METAL STUDS Area$41,386 UTILITY FINISHED 132.00 CARPORT UNFINISHED 336.00 OPEN PORCH FINISHED 132.00 Building 1 - Page 1 #Description Year Built Actual/Effective Stories Total SF AppendagesExt Wall Adj Value $52,054 Description Repl Value 2 MASONRY PILASTER .1989 1 360.00 CONCRETE BLOCK - MASONRY Area$32,924 OPEN PORCH FINISHED 159.00 OPEN PORCH FINISHED 195.00 Building 2 - Page 1 January 17, 2023 07:12 AM Page 2/3 15 Permits Permit #Description Agency Amount CO Date Permit Date 00949 CONSTRUCT GO CART Winter Springs $0 7/1/1996 00528 INSTALL VINYL SIDING ON EXTERIOR; GATE GAS Winter Springs $2,600 3/1/1998 00483 REPAIR EXISTING ROOF Winter Springs $0 3/1/1998 26489 SIGN 895 434 SR W Winter Springs $0 2/1/1995 24961 MOBILE SIGN 895 ST RD 434 W Winter Springs $500 9/1/1994 18429 POLE SIGN 895 HWY 434 W Winter Springs $2,744 1/1/1992 02977 INSTALL 5' GREASE HOOD Winter Springs $5,000 10/2/2003 03911 INSTALL 3/4" SHUT-OFF VALVES (QUANTITY 3)Winter Springs $500 11/11/2003 04063 INSTALL FIRE SYSTEM IN EXHAUST HOOD Winter Springs $1,700 12/5/2003 01408 ELECTRICAL - INSTALL 30 AMP CIRCUIT TO LIFT STATION Winter Springs $985 4/1/2003 00477 DUMPSTER ENCLOSURE Winter Springs $2,375 2/25/2004 01790 REROOF W/SHINGLES Winter Springs $2,126 7/28/2008 24292 SIGN 895 ST RD 434 W Winter Springs $380 5/1/1994 04730 INSTALL NEW 60 AMP SERVICE FOR IRRIGATION SYSTEM Winter Springs $750 10/4/2005 Extra Features Description Year Built Units Value New Cost FACE BLOCK WALL 10/01/2004 228 $811 $1,544 PATIO CONC COMM 10/01/1989 6,708 $10,867 $27,167 CANOPY AVG COMM 10/01/1979 625 $3,055 $7,638 WOOD UTILITY BLDG 10/01/1989 414 $1,490 $3,726 COMM: ALUM SCREEN PORCH W/CONC FL 03/01/1999 264 $1,097 $2,743 12' CHAIN LINK FENCE 10/01/1989 408 $3,316 $8,291 COMMERCIAL ASPHALT DR 2 IN 10/01/1979 3,528 $2,879 $7,197 WALKS CONC COMM 10/01/1989 1,185 $1,920 $4,799 COMMERCIAL ASPHALT DR 2 IN 10/01/1989 3,956 $3,228 $8,070 POLE LIGHT STEEL 1 ARM 12/01/1989 4 $4,712 $4,712 POLE LIGHT STEEL 4 ARM 12/01/1989 1 $6,886 $6,886 COMMERCIAL CONCRETE DR 4 IN 10/01/2004 196 $420 $800 Zoning Zoning Zoning Description Future Land Use Future Land Use Description C-2 Commercial Retail Commercial Utility Information Fire Station Power Phone(Analog)Water Provider Sewer Provider Garbage Pickup Recycle Yard Waste Hauler 24.00 DUKE CENTURY LINK WINTER SPRINGS CITY OF CASSELBERRY NA NA NA NA Political Representation Commissioner US Congress State House State Senate Voting Precinct Dist 2 - Jay Zembower Dist 7 - Stephanie Murphy Dist 28 - David "Dave" Smith Dist 9 - Jason Brodeur 46 School Information Elementary School District Middle School District High School District Winter Springs Milwee Winter Springs Copyright 2023 © Seminole County Property Appraiser January 17, 2023 07:12 AM Page 3/3 16 17 18 19 20 City of Winter Springs Code Enforcement Division January 24, 2023 2022CE001647 1271 BELLE AVE BK SPORTS ENTERPRISES INC I am requesting the Code Enforcement Board find the Respondent in violation of: WS CITY ORD. 6-4 21 WS CITY ORD. 6-4 Any person who shall violate a provision of this chapter or fail to comply herewith or with any of the requirements hereof, or who shall erect, construct, alter or repair, or has erected, constructed, altered or repaired a building or structure in violation of a detailed statement or plan submitted and approved hereunder, or of a permit or certificate issued hereunder, shall be guilty of a violation of this Code and shall be punished in accordance with section 1-15. 22 1271 Belle Ave Photo 1 Findings Outdoor patio was being enclosed without permits. 23 1271 Belle Ave Photo 2 Findings Outdoor patio was being enclosed without permits. Stop work order posted. 24 1271 Belle Ave Photo 3 Findings Outdoor patio was being enclosed without permits. 25 1271 Belle Ave Photo 4 Findings Outdoor patio was being enclosed without permits. Windows are Plexiglas and are caulked into place. 26 1271 Belle Ave Photo 5 Findings Outdoor patio was being enclosed without permits. Interior view. 27 1271 Belle Ave Photo 6 Findings Outdoor patio was being enclosed without permits. Interior view. 28 1271 Belle Ave Photo 7 Findings Stop work order issued 10/31/22. This photo taken 12/19/22 shows the work continuing to progress. 29 1271 Belle Ave Photo 8 Findings Stop work order issued 10/31/22. This photo taken 12/19/22 shows the work continuing to progress. 30 1271 Belle Ave Photo 8 Findings 1/8/23 shows the work continuing to progress. Arrow show Notice of Hearing posted on the front door of the restaurant. 31 1271 Belle Ave Photo 9 This photo taken 1/8/23 shows the work continuing to progress. Arrows show where structure supports were cut. 32 1271 Belle Ave Photo 10 Findings This photo taken 1/8/23 shows the work continuing to progress. Circle shows where wall was cut to vent a portable AC unit. 33 1271 Belle Ave Photo 11 Findings This photo taken 1/8/23 shows the work continuing to progress. Drywall has been added to the interior. 34 1271 Belle Ave Photo 12 Findings This photo taken 1/8/23 shows the work continuing to progress. 35 1271 Belle Ave Photo 13 Findings This was once a two car parking pad and has been converted to additional outdoor seating area and fencing added. 36 1271 Belle Ave Photo 14 Findings 11/2019 arial view showing no outdoor seating on the west side of the building. 37 1271 Belle Ave Photo 15 Findings Google Earth Image taken 1/2022 shows enclosed screen porch and wood trellis fencing added. 38 1271 BELLE AVE BK SPORTS ENTERPRISES INC Suggested Findings of Fact / Conclusion of Law Based upon the photo evidence and testimony presented at this hearing I am recommending the respondent be given no more that 60 days (March 10, 2023) to establish compliance by submitting and obtaining a valid permit from The City of Winter Springs Permitting Department. In the event the violation(s) are not corrected a fine of $250.00 a day be imposed. 39