HomeMy WebLinkAbout1985 03 19 Code Enforcement Board Regular Minutes
REGULAR MEETING
CODE ENFORCEMENT BOARD
TUESDAY, MARCH 19, 1985
The Code Enforcement Board Meeting of the City of Winter Springs, Florida, was
called to order by Chairman Jay Alpert at 7:00 p. m.
Roll Call:
Jay Alpert, present
Phil Kulbes, present
Ben Kaplan, present
Thomas Dougherty, present
Marianne Cheeseman, present
Mike DePasquale, absent
James Dasher, present
Code Inspector Barry Cook, present
Code Prosecutor Bob Butler, present
City Attorney Frank Kruppenbacher, present
Motion was made by Kulbes, seconded by Alpert to approve the minutes of January 21,
1985. Discussion. Vote: all ayes, motion carried.
Motion was made by Dougherty, seconded by Dasher to approve the minutes of Feb.26,
1985. Discussion. Vote: all ayes, motion carried.
Discussion of pending and closed cases - discussed.
Request by Sam Jacobson for postponement until a later date:
Motion was made by Kaplan, seconded by Cheeseman the request be denied. Discussion.
Vote on the motion: Cheeseman, aye; Dougherty, aye; Alpert, aye; Kaplan, aye;
Kulbes, aye; Dasher, aye; motion carried.
Cases:
Sam Jacobson - Violation Sec. 5-126:
At the last meeting (2/26/85) the Board had Findings of Fact and Law that Mr. Jacobson's
wall is in excess of 8 feet of height and violates Sec. 5-126 of the Code of Winter
Springs. Mr. Jacobson agreed to ventilate the wall prior to completion and then
the Code Prosecutor agreed to drop that charge. Mr. Jacobson was represented by his
Attorney, who argued that Mr. Jacobson was issued a permit by the City, and Mr.
Jacobson relied upon that permit and proceeded to cQPstruct his wall.
Based on Findings of Fact and Findings of Law, motion was made by Mr. Kulbes that we
find Mr. Jacobson in violation of Sec. 5-126 of the Winter Springs Code relative to
height limitations of fences, and that we instruct him that the wall must be brought
down to the 8 foot height and it must be accomplishad no later than June 30, 1985.
If it is not accomplished by that time, he shall be fined $100.00 per day for every
day the violation continues. Seconded by Mr. Dougherty. Discussion. Vote on the
motion: Dougherty, aye; Alpert, no; Kaplan, aye; Kulbes, aye; Dasher, aye; Cheeseman, no;
motion carried.
Bob Sagen-Violation Sec. 5-122:
Motion was made by Kulbes, seconded by Dougherty that this Board establish a rule
that we will take sworn public comments from interested parties after all the formal
evidence has been given and prior to any rulings of the Board. Discussion. Vote on
the motion: Alpert, aye; Kaplan, aye; Kulbes, aye; Dasher, no; Cheeseman, aye;
Dougherty, aye; motion carried.
Code Enforcement Board Meeting, March 19, 1985
Page 2
Mr. Alpert explained that as a member of the Architectural Control Committee,
Unit 9B in Tuscawilla, he approved a request of Mr. Sagan to place a fence on the
property, 16 feet off the rear lot line. Mr. Sagan has been charged with a violation
of City ordinance, Sec. 5-122. The City Attorney explained that this Board is looking
at compliance with City Code and not compliance with deed restrictions. Therefore
Mr. Alpert decided not to excuse himself from this case.
Mr. Sagan, the Code Prosecutor and Mr. John Smith of Factory View fence were sworn
in by the City Clerk. Mr. Sagan presented his case.
Commissioner Arthur Hoffmann, Mt. Laurel Drive, Mr. Wyent and Mr. Krogman of Mt.
Laurel Drive were sworn in by the City Clerk and spoke against this fence.
Motion was made by Kulbes that Mr. Sagan be found in violation of Sec. 5-122
for erecting a fence without a permit. He must pay the fine of the permit within
five days or he will be subsequently fined $100.00 per day thereafter. Seconded by
Dasher. Discussion. Vote on the motion: Kaplan, aye; Kulbes, aye; Dasher, aye;
Cheeseman, aye; Dougherty, aye; Alpert, abstain; motion carried.
Meeting was adjourned 9:00 p. m.
Respectfully submitted,
Mary T. Norton,
City Clerk