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08/04/1982 f7' 'r ~ . , , . . " ".~', ' '.t"J'" '"," ' , ,':uli}.~~i&"lI~'ll:.q:,~~_lI'l!1i'!'.t_~__.____""____ ,. o MUNICIPAL CODE ENFORCEMENT BOARD Meeting of August 4, 2:00 p.m. AGENDA 1. Public Hearings .. ~..- ..... -, ~ (At the time a case is heard and date set for compliance the Board shall at the same time set the fee to be assessed in case of non- compliance. ) 35-82 (Con't from 7/7/82) Church of Scientology (Fire Code) (Affidavit of Compliance filed) Beneke, Stephen G. (Sign) filed) Schebler, Frank J. Rogero, Albert Boldog, Clara Demos, Norman filed) 25-82 (Affidavit of Compliance 26-82 27-82 28-82 30-82 (Fence) L. (Building) (Fence) (License) (Affidavit of Compliance 2. Unfinished Business 5-82 Rental Prop. & Inv. , Inc. Affidavit of Non-Compliance EJ 6-82 Rental Prop. & Inv . , Inc. Affidavit of Non-Compliance 7-82 Rental Prop. & Inv. , Inc. Affidavit of Non-Compliance 8-82 Rental Prop. & Inv . , Inc. Affidavit of Non-Compliance 9-82 Rental Prop. & Inv. , Inc. Affidavit of Non-Compliance 11-82 Rental Prop. & Inv., Inc. Affidavit of Non-Compliance 24-82 u. S. Home (Building ) Report 33-82 Church of Scientology Affidavit of Compliance (Fire) 34-82 Church of Scientology Affidavit of Compliance (Building) 3. Presentation of Filed Affidavits of Violations 37 -82 38-82 39-82 40-82 42-82 Birge Meat Market (Sign) Plas-Tech Industries (License) Plas-Tech Industries (Zoning) H). Ford & Associates (Environmental) Transmission (Sign) J. Mr. 4. New Business 5. Minutes of Previous Meeting 6. Adjournment ~ ~ ...' >', -,' CD NOTICE OF PUBLIC HEARING MUNICIPAL CODE ENFORCEMENT BOARD - 2:00 p..., V~, August 4, 1982, COMMISSION MEETING ROOM, CITY HALL, Clearwater, Fl. To consider the following: 1. Case No. 35-82, Church of Scientology (Con't from 7/7/82) 2. Case No. 25-82, Stephen Beneke 3. Case No. 26-82, Frank J. Schebler 4. Case No. 27-82, Albert L. Rogero 5. Case No. 28-82, Clara Boldog 6. Case No. 30-82, Norman Demos (Affidavit of Compliance filed) Interested citizens may be present. @", ,>,.-", ':" ~. FLORIDA STATUTE 286.0105 STATES: ANY APPLICANT APPEALING A DECISION OF THIS BOARD MUST HAVE A VERBATIM RECORD OF THE PROCEEDINGS TO SUPPORT SUCH AN APPEAL. City of Clearwater, FL Lucille Williams, City Clerk ~"-';i', "I~'~~ '''':~/' ,..' , ,:..:----~~~~~~~-- o MUNICIPAL CODE ENFORCEMENT BOARD August lj, 1982 Members present: John Ehrig, Chairman Lee Regulski, Vice-Chainman Paul Carnahan John F. Gerlach Robert Hostetler Ray Custer Members absent: Don Winner (excused) Also present: Richard Griesinger, Assidtant City Attorney Cyndie Goudeau, Secretary to the Board ~ V The meeting was called to order by the Chairman at 2:03 p.m. in the Commission Meeting Room in City Hall. He outlined the procedures and advised any aggrieved party may appeal a rUling or order of the Municipa1 Code Enforcement Board by certiorari in the Circuit Court of Pinel1as County. Any such appeal must be filed within thirty (30) days o~ the execution of the order to be appealed. He noted that Florida Statute 286.0105 requires any party appealing a decision of this Board to have a verbatim record of the proceedings to support such an appea1. PUBLIC IIBDDGS CISB 110. 35-82 Organization Clearwater) Church of ScientOlogy, Flag Service (210 S. Ft. Harrison Ave., Fire Code Mr. Custer moved to accept the Affidavit of Compliance. was du1y seconded and carried unanimously. Motion CASE WOe 25-82 Stephen G. Beneke (190li Drew St., Clearwater) Sign Code Mr. Custer moved to accept the Affidavit of Compliance. was du1y seconded and carried unanimously. Motion '~" . \ '~""",'. '.:;.. 1. 8/li/82 " r , , ~. ~', ..r- '~' (, ., .. ~<4Jo''''~'''''~.'''''~'JIA.''~I~~f'''''''OI;'a''..r'''.~'~'''''''r_..-''. I'fooll'"..M.t..s...-.........., . _ ~I ...>.q.I: p~'iIrO.....-~~~:!i;lt.!hf..T...... ..r.."-".."f,...,r.t"'~.(...~.I\-P.~'h4.~,.._~'jI;\ ........P'P'<4:;lrt).~ .~.r~-......______.._n_.~_..-.-~ ~. ___,_w_._.........____._....__.'._~ . 1 I 1 I 1 10 1 /1"2- CASE RO. 26-82 Frank J. Schebler (1432 Boylan, Clearwater) Fence Code It was reported that the fence has been corrected and an Affidavit of Compliance will be filed. Mr. Gerlach moved to continue this hearing until September 1, 1982 at 2 p.m. Motion was duly seconded and carried unanimously. CASE RO. ZI-82 Albert L. Rogero (i452 Court St., Clearwater) Building Code The Building Official requested a continuance for this hearing as the property is under new ownership. Mr. Gerlach moved to continue this hearing until the meeting of September 1, 1982. Motion was duly seconded and carried unanimously. C.ISI 110. 28-82 Clara Boldog Clearwater) (325 Gulfview Blvd., Fence Code o Walt Hilton, Chief of Permits & Inspections, reviewed the history of the case, stating that upon complaints from Mr. & Mrs. Gibson the fence was inspected several times and during the last inspection, measuring from the Gibson side of the fence, it was found that the fence exceeded the 6 ft height limitation by up to 1-1/4 inches over a span of about 80 inches. Exhibit #1 - Copy of memorandum from Roy Ayres to Anthony L. Shoemaker, City Manager, dated April 23, 1982, was admitted into evidence. Mr. Hilton stated the case was brought before the Municipal Code Enforcement Board at the direction of the City Commission. Roy Ayres, BUilding Director, stated the fence was measured from the grade approved by the Civil Engineers for drainage. Discussion ensued regarding grades, possible erosion and fill along the fence. Upon being questioned, Mr. Ayres stated in his opinion there is no violation. George Haddox, architect representing Clara Boldog, stated he had measured the fence on the Boldog side, opposite the 6 ft and 6-1/4 ft measurements on the Gibson side. The measurements there are 5 ft 6 in to 5 ft 7in. He stated that the purpose of the fence was for privacy and that when it was installed it met all the requirements. ED' '.,. -r".:. 2. 8/4/82 F" '~ ' '.' " p ~. (. !__"'....,,_"'.......,;,""'....""_"''''.......~_'''''''..........._.K__..,'~....~'__....__.~.._'' '.._". ..__.._.~,.....-',,.'n_."',,,...,____~~.....__~"''''''_,.,;...;II...'''',,,,;,..-....,,,.,;,,,. " ! III " i j I o Concerns regarding enforcement of the fence regulations side of the fence is measured for the height limitation were discussed. and which Emmett Gibson of St. Louis, Mo., living at 320 Coronado for 7 months of the year, stated his property adjoined the Boldog property. He indica~~d that their property had been encroached on in order to pullout bushes and prepare the site for the fence. He also stated they were tc.'ld the fence would be 4 feet high and finished nicely. Evelyn Gibson reported she had gone before the Commission four times to have something done about the fence. She stated that the footings of the fence encroached on other peoples' property and that it had a great impact on other peoples' dwellings, cutting out air and blocking the view. Exhibit #2 - A revised site plan of the Boldog property showing the fence and its elevation was submitted into evidence. Discussion ensued regarding how to measure a fence, whether or not an inch and a quarter to high is really a violation, and the fact that removing the inch and a quarter will do nothing to solve the Gibsons' complaint. It was stated that the normal procedure is to measure from the property on which the fence is being constructed and that minute differences in dimension are not considered a violation. ~ V Mr. Regulski moved to dismiss Case No. 28-82 for lack of evidence. Motion was duly seconded. Upon the vote being taken Messrs. Regulski, Hostetler and Ehrig voted "Aye"; Messrs. Gerlach, Carnahan and Custer voted "Nay". Motion failed. Mr. Gerlach moved that regarding Case No. 28-82, regarding violations of Section 131.2053(a) of the City Code, on property located at 325 Gulfview Blvd., Clearwater, Florida, whose legal description is Lloyd White Skinner SUbdivision, lots 63, 64, 65 and 66; Municipal Code Enforcement Board has heard testimony at the Municipal Code Enforcement Board hearing held the 4th day of August, 1982, and based on the evidence the Municipal Code Enforcement Board enters the following F1DdiDgs or Fact, Concl.US10D8 or Law and Order. The FtDd1Qgs or Fact are: Based on testimony of Roy Ayres, BUilding Director, and Walt Hilton, Chief of Inspections and Permits, that in their opinion, there is no violation of the aforementioned code section and testimony of the representative for Mrs. Boldog, Mr. Haddox, the fence is, and was at the time of construction 6 ft or less. The Ccaclusioa.s or Lav are: 131.2053(a) exists. No violation of City Code Section @", '.' .,' '~ 3. 8/4/82 1:'- " r... ,,' r--- '~ J/ ',.. I' : , """-..-..-...&tl,l&~nI..oI!V___\~...,,,-'~_WI<Jll;"l"-_-.._~..........___........._____~_~. ._6_...__......._......._... ,~..~..,.~~:/,li.!!!:.~.o1~~i\.~~'l.?'..d'.l ...... / I () I I ! i \ , 1 , I 1 'j J 1 f 1 , 1 l ",'I , , I I I~ ''-J It is the Order or this Board that: be issued. Motion was duly seconded. An Affidavit or Compliance Upon the vote being taken Messrs. Gerlach and Carnahan voted "Aye"; Messrs. Regulski, Ehrig, Custer and Hostetler voted "Nay". Motion failed. Mr. Custer moved to continue the hearing or Case No. 28-82 to the meeting of September 1, 1982 at 2:00 p.m. and that the case be returned to the Building Department for further investigation, specifically a certified survey done by a registered surveyor, licensed in the State of Florida, measuring the top of the fence above mean sea level. Motion was duly seconded. Upon the vote being taken, Messrs. Ehrig, Regulski, Carnahan, Custer and Hostetler voted "Aye"; Mr. Gerlach voted "Nay". Motion carried. CASE 10. 30-82 Norman Demos Clearwater) (23 & 23-1/2 Cambria, License Code Mr. Gerlach moved to accept the Affidavit of Compliance. was duly seconded and carried unanimously. Motion 1JRFDISBED EIJSDESS r8"\ '0 CASE JIOS. 5-82, 6-82, 7-82, 8-82, 9-82 &: 11-82 Rental Properties & Investments, Inc. (Various addresses on Vine Avenue and Metto St., Clearwater) Building Code Mr. Gerlach moved to accept the Affidavits of Non-Compliance. Motion was duly seconded and carried unanimously. CASE 110. 211-82 U. S. Homes ( 2915 S. R. 590, Clearwater) Building Code It was reported that the Board of Adjustment & Appeals on Zoning had denied U. S. Homes application for a varianoe to construct a hot tub within the setback and that U. S. Homes was appealing that decision to a Hearing Officer. The Board directed the Secretary to write U. S. Homes informing them that the faot that they are appealing the Board of Adjustment & Appeals decision does not affect the order issued by the Code Enforcement Board on July 7, 1982. CIS! 80. 33-82 Church of Scientology, Flag Service Organization (210 S. Ft. Harrison Ave., Clearwater) Fire Code Mr. Regulski moved to accept the Affidavit of Compliance. The motion was duly seconded and carried unanimously. GO:'" , '4<,. t >' ',' . 4. 8/4/82 p-, p-- ~ . ~'~.l!_l>.~'jtti-~~r.\"1~';;l,.tvt~.\,!.{.~r..'l~\:,,".,;i'.J!'l"''t'YJ,'.''i'!.JN.'~.~;~1;t~\r,,,,,~...\....~~ttr"'M'.a.......'\..t'-"'I""~""'''~.t'''''~A.._....,.,~~~......_~...,~;-t,*,,""'\."""I<Q.~_~""'tM:""t\"""''1'''''''''''~~___'''--'''''''~~.li;'''''",__ , ,'~~~m""'>.',Oj'"""',W""''';''''''''''C,"-......",~_,.,,w,,'''_." "H...O>, "",,-" - "" ,,,...,,.~. . ..,.~..,. m,',~~~~',__ , I () 'f , CASE RO. 3'-82 Church of Scientology, Flag Service Organization (210 S. Ft. Harrison Ave. Clearwater) Building Code o Mr. Regulski moved to accept the Affidavit of Compliance. motion was duly seconded and carried unanimously. The PRBSBftA'l'Im mr FILED .lFFIDA'flTS OF YOIOLl'l'IOIf CASE 110. 31-82 Birge Meat Market (725 Court St., Clearwater) Sign Code Mr. Gerlach moved to set the hearing date for September 1, 1982, at 2:00 p.m. The motion was duly seconded and carried unanimously. CASE RO. 38-82 & CASE RO. 39-82 Plas Tech Industries (2069 Gulf to Bay Blvd. Clearwater) License & Zoning Code Mr. Gerlach moved to set the hearing date for October 6, 1982, at 2:00 p.m. The motion was duly seconded and carried unanimously. CASE 110. JiO-82 J. H. Ford & Associates (1201 Betty Lane, N, Clearwater) Environmental Code Mr. Gerlach moved to set the hearing date for October 6, 1982, at 2:00 p.m. The motion was duly seconded and carried unanimously. o CASE 110. 112-82 Mr. Transmission (1370 U. S. 19, S., Clearwater) Sign Code Mr. Gerlach moved to set the hearing date for October 6, 1982, at 2:00 p.m. The motion was duly seconded and carried unanimously. IIEW BUSIIIESS Discussion ensued regarding difficulties in determining the nature and seriousness of violations being presented to the Board for the setting of hearings dates. The Board directed the Secretary to draft a memorandum for Mr. Ehrig's signature stating more information is needed on the Affidavits of Violation and that if not complete the Secretary will be returning them for more specific information. ~Ul~ - The Chairman presented the minutes of the meeting of July 7, 1982, for consideration. Mr. Regulski moved the minutes be approved as submitted. The motion was duly seconded and carried unanimously. Meeting adjourned at 4:52 p.m. ~,. :'..' i' ,3' " c&~GJ~ .. 5. 8/4/82 . ' -----. .