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Home My WebLink About2001 07 23 Regular F Code Enforcement Board Rehearing Case COMMISSION AGENDA ITEM F Consent Information Public Hearing Regular X JULY 23.2001 Meeting hGR. lDept. REQUEST: The City Manager and City Attorney requesting the City Commission to direct the City Attorney to file a motion with the Code Enforcement Board for a rehearing of Case #CEB-Ol-811 involving a violation of Section 9-241.@ Winter Springs Code of Ordinances (finished floor elevation) by John Saudani (builder) and to direct the City Attorney to prosecute the rehearing. PURPOSE: The purpose of this agenda item is to present to the Commission the recommendations of the Code Enforcement Board as it relates to a variance in the finished floor elevation of 0.36 feet from the required 35.50 feet (18 inches above the base flood elevation) to 35.14 feet, and to request that the matter be reheard by the Code Enforcement Board. CONSIDERATIONS: The Commission considered the matter on May 14, 2001 and again on June 25, 2001 with action to refer the matter to the Code Enforcement Manager for appropriate action. On July 17, 2001 the matter was considered at the regular scheduled meeting of the Code Enforcement Board. APPLICABLE LAW: Sec.9-241. Stormwater management. (c) The drainage system for each subdivision shall include a sufficient facility to remove storrnwater without flooding any lot in the proposed subdivision or in the surrounding territory. All finished floor elevations shall be a minimum of one and one-half (1 Y2) feet above the hundred-year flood stage. July 23,2001 REGULAR AGENDA ITEM F Page 2 FINDINGS: · The Board of Adjustment on April 5, 2001 considered the matter and recommended granting the variance. · The Code Enforcement Board considered the matter on July 17, 2001 and found that the home located at 627 Sailfish Road was in violation of Section 9-241 Stormwater Management and imposed a fine on builder John Saudani in the amount of $1.00. · A review of record of this matter by the City Attorney and City Manager concludes that the nominal fine assessed by the Board may have been based upon flawed data, and that a nominal fee of $1.00 represents inappropriate public policy in that the amount of the fine is inappropriate in consideration of the violation, and that the amount of the fine implies that the ordinance and consequently any violation of the ordinance is of little importance. RECOMMENDA TION: Staff suggests that the Commission consider the recommendation from the Code Enforcement Board. A TT ACHMENTS: A - April 5, 2001 minutes of the Board of Adjustment B - July 17,2001 copy of the approved motion from the Code Enforcement Board. COMMISSION ACTION: ATTACHMENT A ( CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING APRlL 5, 200 I 1. CALL TO ORDER The Board of Adjustment Regular Meeting was called to order Thursday, April 5, 200 I, at 7:01 p.m. by Vice Chairperson Elizabeth Randall 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 Chairperson Greg Smith, absent Vice Chairperson Elizabeth Randall, present Board Member Sally McGinnis, absent Board Member Jack Taylor, present Board Member Thomas Waters, present / \, Also Present Mr. Charles Carrington, AICP, Community Development Department Director Mr. Dennis Franklin, Building Official II. REGULAR AGENDA A. Community Development Department Presents To The Board Of Adjustment The Request For Elsie A. Bledsoe To Have A Fence Greater Than Four (4) Feet In Height Forward Of The Building Line. The Fence, At Its Highest Point, Is Approximately Six (6) Feet In Height Mr. Charles Carrington, ACIP, Community Development Department Director introduced Mr. Dennis Franklin, Building Official; and the Agenda Item. Mrs. Elsie A. Bledsoe, 160 East Panama Road, Winter Springs. Florida: spoke of needing the higher wall height because "I plan to get horses for my grandkids; and "I think it would look nice." Mr. Bill Fernandez, asked from the audience "Do you own any other property out there?" Mrs. Bledsoe replied "Yes, I own two other properties, 150 and 160. I have lived there for twenty (20) some years." Mr. Fernandez then asked, "Did you talk to all your neighbors?" "Yes, I did." Mrs. Bledsoe replied. Mr. Fernandez again asked "Any of ( CITY Or- WINTER SPRINGS MINUTES UOARD OF ADJUSTMENT REGULAR .V1EETlNG - APRIL 5. 2001 PAGE20r-4 them voice objections?" Mrs. Bledsoe said "No, they all - r had a letter you know and they all signed it and then r brought it up here and they said they didn't need that." The Board asked Mrs. Bedloe if anyone else out there had high fences. Mrs. Bledsoe said, "There is a lot of them. Mostly the whole street down there has them and other streets to, Tradewinds - there's a lot of them out there, and it's the Ranchlands - and it's the horses." Mr. Bill Fernandez, 250 East Panama Road, Winter Springs, Florida: spoke of his past request for a Variance and stated "As far as this meeting, it is unfortunate that you folks have to waste your time on this matter. The City Commission - proposed in his bequest - request of me not to go forward with my Variance request in front of the City Commission because the City Commission was going to amend the Ordinance for the Ranchlands and change the height in front of the twenty-five foot (25') setback line to six feet (6'). Obviously the City Commission has not done so. So once again it is being dumped on you folks again to address this matter. Now as far as the fences out there I brought you numerous pictures and you stopped me half way through, you were tired of I seeing the pictures. But I had a little stick and I measured every fence out there, up and (. down Panama, Bahama, Tradewinds and every one of them are six feet (6')." Mr. Fernandez continued, "I do know that Mr. Taylor has some sort of reservation about granting a Variance, it ought to be exceptional and extraordinary. Folks we wouldn't even be here if the City Commission did it's job. But the City Commission didn't do it's job and so now it's back to you and we're going to press it again in front of the City Commission and maybe this time they'll do something about it and change the Ordinance and it won't be necessary to bother you folks but this is a person asking three (3) people, neighbors, human beings, not politicians, but you folks to consider a serious request. A request that will benefit the neighborhood, her own particular home and will be good for' the City. It's not detrimental and I don't think you will hear any objections to it." Discussion. MOTION BY BOARD MEMBER TAYLOR. "I WOULD LIKE TO MAKE A MOTION THAT WE, THE BOARD OF ADJUSTMENT FORWARD THIS APPLICATION TO THE CITY WITH THE RECOMMENDATION TO APPROVE THE APPLICATION." SECONDED BY BOARD MEMBER WATERS. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION W AS APPROVED. MOTION CARRlED. ( CITY OF WINTEI{ SI'I(INGS MINUTES 1l0,\RO OF ^I>JUSTMENT IU,C,lil.,\!{ MEETING.. ^I'Rll. 5. 2001 I'^GE 3 Or- 4 B. Community Development Department Presents To The Board Of Adjustment The Request For Howard And Libby Baity For A Variance To Section 9-241. ( c ) To Have A Finished Floor Elevation Less That Eighteen (18) lnches Above The Hundred Year Flood Stage. Mr. Carrington introduced this Agenda Item. Mr. Howard Baity 1393 Santiago Court, Winter Springs, Florida: spoke of being a new builder; and he "made a mistake." , Discussion. Chairperson Randall 'asked "Does anyone have any other questions for the builder? Would the owners like to speak, or do you having anything to add for to the record. Okay, anyone else, any neighbors, - any other questions." ( Board Member Waters stated "I have a question for the owners? Do you understand what we would be looking for? I guess the question is, what my recommendation would be - ifits approved, would be that you can't hold the City liable for any damage that you have. Do you have a problem with that?" Ms. Libby Baity and, Howard Baity, 1393 Santiago Court, Winter Springs, Florida: Ms. Baity said "No, sir. I did call insurance places and they would not require me to hold flood insurance which I would not be able to afford, so I hope that would not be a part of that. But I would not hold the City liable for anything." MOTION BOARD MEMBER TAYLOR. "I'D LIKE TO MAKE A MOTION THAT THE BOARD OF ADJUSTMENT FORWARD THIS APPLICATION TO 'tHE CITY COMMISSION WITH THE RECOMMENDATION TO APPROVE IT WITH THE STIPULATION THAT THE APPLICANT ACKNOWLEDGES THAT THEY WILL HOLD THE CITY HARMLESS, THE CITY OF WINTER SPRINGS, AND ANY LIABILITY WHICH MAY BE CAUSED TO THIS RESIDENT BECAUSE OF THE FINISHED FLOOR ELEVATION BEING LOWER THAN THAT IS REQUIRED BY CODE WOULD NOT EFFECT THE CITY." SECONDED BY BOARD MEMBER WATERS. "I'LL SECOND THAT WITH AN ADDITlON OR AMENDMENT." DISCUSSION. AMENDMENT BY BOARD MEMBER WATERS. "I WOULD LIKE TO SEE SOMETHlNG IN THERE THAT THE OWNERS HAVE TO, IF THEY DECIDED TO PUT THE HOUSE ON THE MARKI~T ANY TIME DOWN THE ROAD, ANYONE, THAT TI-IEY HAVE TO DISCLOSE TO BUYERS IN THE FUTURE OF THIS. [COULD SEE SOMETHING IN THERE THAT - I HAVE THIS MENTALITY THAT WE HA VIi: A LOT OF I.IOUSES THAT, I3ACI< WHEN rr (~ i \. CITY Or- WINTER SPRJNGS MINUTES IJOARD OF ADJUSTMENT REGULAR MEETING - APRIL 5,2001 I'AGE40r-4 USE TO RAIN, AND SUDDENLY THEY ARE FLOODED, PEOPLE COME BACK AND BLAME THE GOVERNMENT AND YOU HAVE SOME SITUATIONS WHERE YOU HAVE 'IT'S NOT THE GOVERNMENT'S FAULT'. SO I'D LIKE TO MAKE THAT MOTION WITH THAT ADDITION OR SECOND THAT MOTION WITH THAT ADDITION." DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. III. ADJOURNMENT Chairperson Randall asked, "Do I hear a Motion for Adjoumment?h MOTION BY BOARD MEMBER WATERS. "SO MOVED." SECONDED. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRlED. Vice Chairperson Randall adjourned the meeting at 7:29 p.m. RESPECTFU~LY SUBMITTED: DEBBIE OILLESPIE DEPUTY CITY CLERK APPROVED: ELIZABETH RANDALL, VICE CHAIRPERSON BOARD OF ADJUSTMENT NOTE: These minutes were approved at the . 200 I Goard of Adjustment Meeting. S:\Cily Clerk\Does\Word\OOAltDS\A DJUSTM E\.llll\DraO M inules\200 I \Adj04050 I.doe ATTACHMENT B ~~ CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING JULY 17,2001 DRAFT I. CALL TO ORDER Madam Chairperson Joanne Krebs called the Regular Meeting to order at 7:05 p.m. on July 17,2001, 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 Chairperson Joanne Krebs, present Vice Chairperson Lurene Lyzen, present Board Member Greg Thompson, present Board Member Ken Furth, present Board Member Chuck Holzman, absent Board Member James B. Pitts, present Board Member Mervin Warner, present Also Present Ms. C. Jimette Cook, Code Enforcement Manager, Code Enforcement Division Mr. Dennis Franklin, Building Official Mr. Charles C. Carrington, AICP, Community Development Director II. CONSENT Approval of the June 19,2001 Regular Meeting Minutes Chairperson Krebs said, "Let's go ahead and look for an approval for the Minutes from July 19th. "SO MOVED." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER FURTH. DISCUSSION. VOTE: VICE CHAIRPERSON L YZEN : AYE BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER HOLZMAN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 17,2001 PAGE 2 OF 4 III. REGULAR AGENDA DRAFT The Deputy City Clerk swore in those persons who may be providing testimony during the presentation of tonight's cases. Code Enforcement Manager Jimette Cook advised the Board that "All cases on the Agenda are in compliance except for CEB-O 1-811." .:. .:. AGENDA NOTE: THE FOLLOWING CASE WAS DISCUSSED AS DOCUMENTED. .:. .:. J. Case #CEB-Ol-811 627 Sailfish Road John Laudani (Builder) Howard W. & Libby A. Baity Section 9-24 1. (c) (Finished Floor Elevation Does Not Meet City Code Requirement) Ms. Cook entered into record "The "Statement of Violation" and "Notice of Hearing" and introduced the case to the Board. Ms. Cook entered into file a copy of approved site plan that was submitted by the builder on behalf of his owners. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-Ol-811 OF THE CITY OF WINTER SPRINGS, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREP ARED 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 HOWARD W. & LIBBY A. BAITY OF 625 SAILFISH ROAD ARE IN VIOLATION OF SECTION 9-241. (C ) OF THE CODE OF THE CITY OF WINTER SPRINGS IN THAT THE FINISHED FLOOR ELEVATION OF THEIR HOME DOES NOT MEET CITY CODE REQUIREMENTS AND THE VIOLATION IS IRREPARABLE AND IRREVERSIBLE." MOTION BY BOARD MEMBER FURTH. SECONDED BY BOARD MEMBER L YZEN. DISCUSSION. VICE CHAIRPERSON LURENE LYZEN STATED THE CORRECT HOUSE NUMBER IS 627 SAILFISH ROAD. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 17.2001 PAGE 3 OF 4 VOTE: BOARD MEMBER THOMPSON: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER HOLZMAN: AYE BOARD MEMBER FURTH: AYE VICE CHAIRPERSON LYZEN: AYE MOTION CARRIED. DRAFT Discussion. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB- 01-811 OF THE CITY OF WINTER SPRINGS, THE CODE ENFORCEMENT BOARD HA VING FOUND THE - JOHN LAUDANI, BUILDER AND OWNERS HOWARD W. & LIBBY A. BAITY IN VIOLA TION OF THIS CODE. THE CODE ENFORCEMENT BOARD DOES FINE THEM $1.00 TO BE PAID WITHIN 30 DA YS OF THIS MEETING." MOTION BY BOARD MEMBER PITTS. SECONDED BY BOARD MEMBER THOMPSON. MOTION TO AMEND BY VICE CHAIRPERSON L YZEN. "ADD THE FOLLOWING 'SINCE THEY ARE ALL HERE, PRESENT AND HEARD THE ORDER OF THE BOARD FURTHER MOVE THAT DUE NOTIFICATION HAS BEEN GIVEN AS THIS MEETING.'" SECONDED BY BOARD MEMBER FURTH. DISCUSSION. VOTE (ON THE AMENDMENT): BOARD MEMBER WARNER: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER HOLZMAN: AYE BOARD MEMBER PITTS: AYE VICE CHAIRPERSON LYZEN: AYE CHAIRPERSON KREBS: AYE MOTION CARRIED. .~ CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - JULY 17,2001 PAGE40F4 VOTE (ON THE MOTION): BOARD MEMBER HOLZMAN: AYE VICE CHAIRPERSON LYZEN: NAY CHAIRPERSON KREBS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. DRAFT