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HomeMy WebLinkAbout1998 06 16 Code Enforcement Board Regular Minutes MINUTES CODE ENFORCEMENT BOARD JUNE 16, 1998 - REGULAR MEETING I. CALL TO ORDER Pledge of Allegiance The meeting was called to order at 7:00 p.m. on Tuesday, June 16, 1998, by Vice Chairperson Lurene Lyzen in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. Roll Call Ken Haines, Chairperson, absent Lurene Lyzen, Vice Chairperson, present Anne Schneider, present Bob Gray, present Marc Clinch, present Joanne Krebs, present Also Present Charles C. Carrington, AICP, Community Development Director Jimette S. Cook, Code Enforcement Officer Andrew Frame, Building Inspector John Pollaert, Environmental Inspector Approval of the April 21, 1998 Regular Meeting Minutes Board Member Joanne Krebs spoke about the hypothetical situations that were discussed at the April 21, 1998 meeting; and the actual interpretation that was conveyed by the minutes. Code Enforcement Officer Jimette S. Cook discussed the difference between the written minutes and the actual recording of a meeting. Motion: "I move to accept the minutes". Motion by Joanne Krebs. Seconded by Bob Gray. Discussion. Vote: Bob Gray: aye; Anne Schneider: aye; Marc Clinch: aye; Joanne Krebs: aye; Lurene Lyzen: abstain. Motion passed. Approval ofthe May 19, 1998 Regular Meeting Minutes Vice Chairperson Lyzen commented that in the Adjournment section of the May 19, 1998 Minutes, that the Chairman was Ken Haines and not Anne Schneider. With this revision to the minutes, there was a Motion: "I move that the minutes be accepted as written". Motion by Bob Gray. Seconded by Joanne Krebs. Discussion. Vote: Marc Clinch: abstain; Bob Gray: aye; Lurene Lyzen: aye; Anne Schneider: abstain; Joanne Krebs: aye. Motion passed. MINUTES CODE ENFORCEMENT BOARD JUNE 16, 1998 - REGULAR MEETING PAGE 2 OF 6 Ms. Cook introduced to the Board, Mr. John Pollaert, the City's new "Environmental Inspector", with a brief overview of Mr. Pollaert's credentials. Vice Chairperson Lyzen welcomed him to the City of Winter Springs. II. REGULAR AGENDA Ms. Cook advised the Board that the following two cases are in compliance: B. Case #CEB-98-514 TJ, Jr. & Mary O. Johnson Location: 1109 Gator Lane Section 13-2, Garbage In Driveway F. Case #CEB-98-563 LC.S. Management, Inc. (Mr. Bubbles) Location: 51 0 West State Road 434 Section 16-53, Unpermitted Signs Ms. Cook then explained that the following case would not be heard for "lack of service" (they did not receive notification in time). C. Case #CEB-98-557 Frank A. & Maureen E. Messina Location: 166 Lori Anne Lane Section 13-2, Untended Grass And Weeds (Overgrown) The Deputy City Clerk swore in those persons were going to be providing testimony at tonight's proceedings. A. Case #CEB-98-1 08 Ronald J. Seddon & Donna Seddon Location: 419 North Hawthorne Section 20-433, Disabled Motor Vehicle Ms. Cook spoke for the record, "Is anyone here to represent the Seddon's? Let the record indicate that no one came forward". A Memorandum, dated June 16, 1998, written by Ms. Cook (see attached) was read into the record. The document requested a continuance until the July Code Enforcement Board Hearing. There was discussion about the Car Donation program (mentioned in the attached letter), the status of the car, and a few other details related to this case were discussed. Motion: "I move that we continue Case CEB 98-108 until the July Code Enforcement meeting". Motion by Bob Gray. Seconded by Joanne Krebs. Discussion. Vote: Joanne Krebs: aye; Lurene Lyzen: aye; Marc Clinch: aye; Anne Schneider: abstain; Bob Gray: aye. Motion passed. MINUTES CODE ENFORCEMENT BOARD JUNE 16, 1998 - REGULAR MEETING PAGE 3 OF 6 D. Case #CEB-98-575 Charles Kelly Location: 6 Algiers Court Section 6-46, No Building Permit Section 6-84, Set Back Requirements Ms. Cook gave a brief history of this case, including that Mr. Kelly had mentioned that he would deal with anyone that came onto his property, and the she also explained several inspection occurrences to this structure and property. Ms. Cook asked if there was anyone in attendance to represent Mr. Kelly? Mr. Kelly replied that he was. Pictures ofMr. Kelly's house were acknowledged by Mr. Kelly and then shown to Board Members, along with documentation regarding this case. This information was handed out (for the first time) to those in attendance, including Mr. Kelly. The Deputy City Clerk swore in Mr. Kelly. Mr. Andrew Frame, Building Inspector gave an overview of several inspections to the property in question, along with City procedures dealing with such violations, and why this was turned over to Code Enforcement. There was discussion about whether a permit was issued; whether the structure that was built was what was actually permitted; setback violations; and zoning for accessory buildings. There was further discussion of R-l zoning criteria, and applicable setback violations. Mr. Kelly introduced himself to the Board, and he explained to those in attendance that the plot plan that Mr. Frame had been referring to, was actually not the correct one, and then he spoke about the respective lot lines. There was further discussion about plot plans; when the surveys were submitted; and which documents had been submitted to the City. The Board asked if the City could verify (with Seminole County) if the County had recorded Mr. Kelly's survey. Mr. Kelly then explained that he had been on the City Council a number of years ago; had actually helped write the Code; that he did not see why permits were required; and what the problem was with a shed built in the setback area. There was further discussion as to where the shed had actually been built, and if Mr. Kelly could move the shed. Ms. Cook spoke for the record, "The information provided to this Board, by Mr. Kelly, as far as structural information and setbacks information, is the first time we've seen it and also do note that the structural information is not engineered, doesn't have engineering seals or any kind of verifications"; and Ms. Cook further added "And we also have some photos that we've never seen, and the Building Inspector and I will look at them and give them back to you for the public record". Mr. Charles C. Carrington, AICP, Community Development Director was sworn in by the Deputy City Clerk. MINUTES CODE ENFORCEMENT BOARD JUNE 16, 1998 - REGULAR MEETING PAGE 4 OF 6 There was further discussion about foundations. Mr. Carrington spoke to the Board about non-conforming use and non-conforming structures. There was further discussion about principal use, setbacks, and the attachment of structures and accessory buildings. FINDING OF FACT: In the case of Code Enforcement Board Case Number CEB-98-575, (Charles Kelly), of the City of Winter Springs, the Code Enforcement Board has read the complaint filed and the written information prepared by the Code Inspector, and heard at this meeting, the sworn testimony of the Code Inspector and other parties involved in this case. Based upon these proceedings, I move that Charles Kelly (of 6 Algiers Court) is in violation of Sections 6-46 [No Building Permit] and Section 6-84, Section (e)(3) [Set Back Requirements] of the Code of the City of Winter Springs, and that an appropriate relief order be issued at this meeting. Motion by Bob Gray. Seconded by Joanne Krebs. Discussion. Vote: Lurene Lyzen: aye; Anne Schneider: aye; Joanne Krebs: aye; Marc Clinch: aye; Bob Gray: aye. Motion passed. RELIEF ORDER - ORDER OF THE BOARD (AMENDED): In the case of CEB-98-575 of the City of Winter Springs, Charles Kelly having been found to be in violation of Sections 6-46 and 6-84 (e)(3) of the Code of the City, I move that Charles Kelly be given sixty (60) days after notification, to come into compliance with regard to this violation. If compliance is not achieved by that date, a fine of $50.00 will be imposed, per day, until compliance is achieved, as verified by an officer of the City. Furthermore, any and all future recurrence of this violation after compliance has been achieved, will immediately cause the stated fine to be imposed until compliance is again achieved, as verified by an officer of the City. Since Mr. Kelly is present, and has heard the order of this Board, I further move that due notification has been given as of this meeting. Motion by Joanne Krebs. Seconded by Bob Gray. Discussion. Vote: Marc Clinch: aye; Joanne Krebs: aye; Anne Schneider: aye; Lurene Lyzen: aye; Bob Gray: aye. Motion passed. Mr. Kelly asked that someone from the City tell him where the shed should be moved. E. Case #CEB-98-554 Aggarwal Trust Fund Location: Royal Sweets/Badcock Plaza Section 6-84 (c&d), Unapproved Storage Structure Ms. Cook presented information pertaining to this case, which involved two trailers being parked on the side of a building. Documentation and photos (that had not been passed out prior to this meeting) were distributed to Board Members. Ms. Cook read for the MINUTES CODE ENFORCEMENT BOARD JUNE 16,1998 - REGULAR MEETING PAGE 5 OF 6 record (see attached), a letter from the owner. There was discussion about the difference between storage structures and commercial vehicles; the definition of a building structure; and the storage of clay ovens in this trailer, by the owner. Further discussion involved the issue of aesthetics and the 434 Corridor. Mr. K.C. Aggarwal (l055 Edmiston Place, Longwood, Florida 32779) introduced himself to the Board, and gave his side of this case. He discussed written and verbal discussions that had taken place with various City Officials. Mr. Aggarwal spoke about the trailers, and stated that "These are strictly used as motor vehicles to deliver, as part of our business, the clay ovens which we import, and then deliver to the various people who order the clay ovens". Mr. Aggarwal felt that this was simply a definition problem. There was much discussion about the difference between unimproved (storage) structures and commercial vehicles; facilities; parking location of the vehicles (in respect to the building line); and when the trailers had last been moved. Ms. Cook mentioned for the record that there had been one (verbal) complaint filed, regarding this situation. Several Board Members felt that this case should be dismissed. Mr. Carrington briefly spoke on this case, and offered a brief interpretation of the Code, as it applied to this case, and suggested that perhaps further mediation might be an alternative way to solve this problem. When Mr. Aggarwal was asked if there was another place that the trailers could be parked, he explained that his company had made a very large investment, and actually owned the entire shopping center where the trailers were parked. Mr. Aggarwal mentioned that he had tried to locate the trailers in a relatively obscure location, and that since there was about 100 feet to the closest residence, he felt that the trailers were suitably located. Ms. Cook added for the record "We do recognize Mr. Aggarwal's contribution to the City of Winter Springs. We do come to this Board for clarification, and it's not that we're out to get Mr. Aggarwal. He's been very cooperative, and very good with discussing this - we did have a difference of opinion and that's why we're here tonight". "I'd like to make a Motion - dismiss Case CEB 98-554". Motion by Bob Gray. Seconded by Anne Schneider. Discussion. Vote: Marc Clinch: aye; Joanne Krebs: aye; Lurene Lyzen: aye; Anne Schneider: aye; Bob Gray: aye. Motion passed. MINUTES CODE ENFORCEMENT BOARD JUNE 16, 1998 - REGULAR MEETING PAGE 6 OF 6 III. DISCUSSION OF GENERAL ISSUES Board Member Anne Schneider spoke to the Board about a position letter that she had put together. It was distributed to all Board Members, Ms. Cook, and to the Deputy City Clerk. Board Member Schneider asked that everyone review this information and make any necessary comments - then at the next meeting the Board will discuss any revisions or changes. . Directive From Board To Allow Vice Chairperson To Sign Documents When the Chairperson Is Not Available Ms. Cook asked for a directive to permit the Vice Chairperson to sign Findings of Fact, in the absence of the Chairman, as long as the Vice Chairperson had attended the meeting (or the person serving as the Chairperson of the actual meeting). Motion by Joanne Krebs. Seconded by Anne Schneider. Discussion. Vote: Joanne Krebs: aye; Lurene Lyzen: aye; Anne Schneider: aye; Bob Gray: aye; Marc Clinch: aye. Motion passed. IV. ADJOURNMENT The meeting was adjourned by Vice Chairperson Lyzen at 8:59 p.m. Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Deputy City Clerk City Of Winter Springs, Florida DOCSlboards/codeenfo/fy9798/minutes/061698.doc I' CITY OF WI NTER SPRI NGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 1\IIEMORANDUM DATE: June 16, 1998 TO: Code Enforcement Board Jimette Cook, Lode Enforcement Specialist ~ CEB 98-108 FR 0 1\11: RE: I received a call from Donna Seddon today asking me to find a donation source for her unlicensed vehicle. Because of her health problems and be- cause she lives out of state she is unable to restore the car and insure it to obtain a license tag. I have been in contact with the National Kidney FOlmdation Car Donation Program and will assist Ms. Seddon and the Kidney Foundation to insure that the vehicle is removed. Ms. Seddon will receive a receipt that may allow her to deduct the value from her income tax. The National Kidney Foundation will receive proceeds from the sale of the vehicle. The City of Winter Springs will have removed one more junk car from its neighbor- hood: I am asking the Board for a continuance until the July Code Enforcement Board Hearing to allow for time to process the papeIWork and to arrange for a towing company to remove the vehicle. ... ~^:, @I?nn'Irt'.iJ: ?i. .~.. .....)'. 'uo:' l~Uii.J . . f . JUf~ 0 f W$ : j , . ROYAL SWEETS OF ORLANDB-INC."~'i,.~0 1 055 Edmiston Place Longwood Florida 32779 TEL 4076967775 FAX 407 '696 7025 5 June 1998 For the attention of Mr. Don Leblanc & Mr. Don Houck City of Winter Springs 1126 East State Road 434 Winter Springs Florida 32708-2799 BY FAX 3276912 & MAIL Dear Sirs Re Case # CEB - 98 - 554 I enclose copies of correspondence between Mrs. Cook (code enforcement officer) and myself. I would like to reiterate that I do not wish to be in violation of any building codes. However, you wiII agree that there seems to be a communication problem between Mrs. Cook and I, as we do not seem to be on the same wave length! I have two 40' X 8' mobile trailers licensed and tagged by the State of Florida Motor VehicIes Department. These trailers are parked neatly behind the existing building line, beside the Babcock Plaza when they are not being used to deliver Clay Ovens. Mrs. Cook implies that these mobile trailers fall under Sec. 6-84 as "Accessory buildings". Obviously, there is a difference of opinion and one of us is wrong. Would you please clarify if I need a building permit for these vehicles? ') I look forward to hearing from you by 10 June. Yours sincerely ~ KC AGGARWAL FOR & ON BEHALF OF ROYAL SWEETS OF ORLANDO INC., & AGGARWAL PENSION TRUST FUND Copy for information to Mrs. Cook , n:'~'. .'?:) - ROYAL SWEETS OF ORLANDO INC. ;f.." 1055 Edmiston Place Longwood Florida 32779 Tel 407 696 7775 Fax 407 696 7025 11 May 1998 - BY FAX . 3276288- 2 PAGES AND BY CERTIFIED MAIL FOR THE ATTENTION OF MRS. COOK Code Enforcement Officer 1126 East State Road 434 C!ty?f_Winter Springs '. Florida 32708-2799 Dear Madam CASE # CEB-98-554 - BADCOCK PLAZA I refer to your Notice of Code Violation dated 5 May 1998. Please note the following: 1. There is no unapproved storage structure at the above site. 2. However, you may referring to two mobile transportation trailers. These cannot be classified under Sec. 6-46 as they are not buildings or structures. These mobile , . trailers are used once eve.ry three months to deliver "Tandoors" - Clay Ovens throughout the Florida State. Clay Ovens are special mesquite charcoal fired ovens used as a barbecue to grill marinated Indian meats and specialty breads. They are not available or manufactured in USA and are specially imported from India. As part of our business we import, sell & deliver these Clay Ovens to many Indian Restaurants, as far as Atlanta & Chicago in these mobile vehicles. 3. The mobile-trailers are not hooked up with any utilities but are parked, just like any other.yehicle, in a privately owned parking lot. ~ ,..4'( v Cu-..' ~o'f- '-e'\..~& '~.~ ~ 4. I feel that Sec. 6-46 does not apply in the above case and hence no permit is required. 5. . ~owever, if you feel that the above is not satisfactory, I am willing to explain the above-to the City of Winter Springs Code Enforcement Board. ...'"\.~.~.....- t..:!: In the m~antime, should you. require any other explanation or clarification, please do not hesitate to contact me. Yours sincerely . K C AGGARWAL FOR & BEHALF OF AGGARWAL PENSION TRUST FUND & ROYAL SWEETS OF ORLANDO INC.