05/11/1994 (2)
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CEB
, Municipal Code Enforcement Board
Minutes
Date
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MUNICIPAL CODE ENFORCEMENT BOARD
Meeting of May 11, 1994, 3:00 p.m.
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AQenda
Action
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.)
Case 104.93
Gertrude 8 Nail, Trustee
Golden Dream: I Menna-Digiovanni
2950 Gulf To Bay Boulevard
(Land Development Code}
Cont. from 10/27 & 11/10/93, 1/12 & 3/23/94
Sign variance granted 4/19/94
Withdrawn - complied prior
Case 105-93
Laura Connolly & G. Nail
Gulf To Bay Motel! Menna-Digiovanni
2960 Gulf To Bay Boulevard
(Land Development Code)
Cant. from 10/27 & 11/10/93, 1/12 & 3/23/94
Sign variance granted with conditions 4/19/94
I
Continued to June 8, 1994
()
Case 06-94
Carl Tilley, Inc., Carl Tilley, R.A.
1891 Drew 8t
(Land Development Code)
Continued from 1/12, 1/26 & 3/23/94
Sign variance granted 4/19/94
Withdrawn - complied prior
Case 13-94
Jashwantlal & Jyots Bakriwala
1264 Cleveland St
(Land Development Code-Signs}
Continued from 4/13/94
Case 1 5-94
Philip & Ronald Hitchcock
410 N Belcher Road
(Land Development Code)
Withdrawn - complied prior
Withdrawn - complied prior
UNFINISHED BUSINESS
None
OTHER BOARD ACTION I DISCUSSION
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Aaenda
Action
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Case 77-86
David & Virginia Chilcote
'478 Plateau Road
(Land Development Code)
Third request to address Board regarding fine
Denied request
Case 56-92
D.G. McMullen Properties, Inc.
2870 Gulf-ta-Bay Blvd.
(Land Development Code-Signs)
Request to address Board regarding fine
Approved request
,Case 12-94
Frank C Kunnen, Jr
21 24 Sunnydale Blvd
(Land Development Code)
Affuiavit of Compliance
Accepted
MINUTES - March 23 & April 13, 1994
Approved as submitted
ADJOURN
3:14 p.m.
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MUNICIPAL CODE ENFORCEMENT BOARD
May 11, 1 994
Members present:
Stephen D. Swanberg, Chairman
Louise C. Riley, Vice-Chairman
Carl Rayborn
E.J. Robinson
Robert Theroux
Absent:
Dennis Henegar (excused)
Peg Rogers (excused)
Also present: ,
Stephanie Vaughan, Attorney for the Board
Lt. Jeff Kronschnabl, Special Assistant to the City Manager/Community Response Team
Mary K. Diana, Secretary for the Board
Gwen J. Legters, Recording Secretary
In order to provide continuity for research, the items will be listed in agenda order
,.~-, although not necessarily discussed in that order.
\......)
"he meeting was called to order by the Chairman at 3:00 p.m. in the Commission
Meeting Room in City Hall. He outlined the procedures and advised any aggrieved party
may appeal a final administrative order of the Municipal Code Enforcement Board to the
Circuit Court of Pinellas County. Any such appeal must be filed within thirty (30) days
of 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 record of the proceedings
to support such an appeal.
PUBLIC HEARINGS
Case 1 04-93
Gertrude 5 Nail, Trustee
Golden Dream: / Menna-Digiovanni
2950 Gulf To Bay Boulevard
(Land Development Code)
Cant. from 10/27 & 11/10/93, 1/12 & 3/23/94
In a memo dated May 6, 1994, Inspections Specialist Geri Doherty withdrew
Case 104-93, stating the City Commission granted a sign variance at its April 19, 1994
meeting.
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MinCB05<l,94
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05/11/94
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., Case 105-93
Laura Connolly & G. Nail
Gulf To Bay Motel I Menna-Digiovanni
2960 Gulf To Bay Boulevard
(Land Development Code)
Cant. from 10/27 & 11/10193. 1/12 & 3123194
In a memo dated May 6, 1994, Inspections Specialist Geri Doherty stated, on April 19,
1994, the City Commission granted a sign variance subject to the existing sign being
brought into conformance regarding height and size by May 27, 1994. Ms. Doherty
requested Case 105-93 be continued to the meeting of June 8, 1994.
Member Riley moved to continue Case 105-93 to the meeting of June 8, 1994. The
motion was duly seconded and carried unanimousiy.
Case 06-94
Carl Tilley, Inc., Carl Tilley, R.A.
1891 Drew St
(Land Development Codel
Continued from 1/12. 1/26 & 3/23/94
0"
In a memo dated May 6, 1994, Inspections Specialist Ged Doherty withdrew Case 06-94,
stating the City Commission granted a sign variance at its April 19, 1994 meeting.
Case 13-94
Jashwantlal & Jyots Bakriwala
1264 Cleveland St
(Land Development Code-Signs)
Continued from 4/13/94
In a memo dated May 11, 1994, Code Inspector Rick Rosa withdrew Case 13-94, stating the
subject property is now in compliance.
Case 15-94
Philip & Ronald Hitchcock
410 N Belcher Road
(Land Development Code)
In a memo dated May 11, 1994, Code Inspector Janice King withdrew Case 15-94, as
"
compliance has been achieved.
UNFINISHED BUSINESS
None
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OTHER BOARD ACTION 1 DiSCUSsiON
Case 77-86
David & Virginia Chilcote
1478 Plateau Road
(Land Development Code)
In a letter dated May 9, 1994, Mr. Chilcote requested to address the Board regarding the fine,
indicating the Board's actions were based upon a code section which was later changed.
A brief history of the case ensued. It was indicated the 1986 citation was for a fence being
built with the stringers facing outward. The Board ordered compliance on September 10,
1986 and subsequent requests from Mr. Chilcote to have the compliance date continued or
tabled pending a possible code amendment were denied. The Affidavit of Non-Compliance
was accepted on December 10, 1986, the $25/day fine began accruing and a lien was filed'
on January 9, 1987. An Affidavit of Compliance was filed on March 10, 1987 and the fine
was fixed at $3,250. On June 10, 1987, the Board heard Mr. Chilcote's request and the fine
was reduced to $1,000. On December 9, 1992, a request from Mr. Chilcote to readdress the
Board was denied. It was indicated the current request is his third request to address the
Board regarding the fine.
A question was raised concerning whether or not a property owner is liable for a fine imposed
C~ prior to a code change which causes the property to be in compliance. It was indicated this
,,,pr! issue was debated at length during two previous hearings of this case. The decision to let the
fine stand was felt to be justified.
Member Riley moved, concerning Case 77~86, to deny the request to address the Board. The
motion was duly seconded and carried unanimously.
Case 56-92
D.G. McMullen Properties, Inc.
2870 Gulf-to~Bay Blvd.
(Land Development Code-Signs)
In a letter dated May 3, 1994, attorney John LeRoux requested, on behalf of the property
owner, to address the Board regarding the fine.
Member Riley moved, concerning Case 56-92, to accept the request to address the Board at
the meeting of June 8, 1994. The motion was duly seconded and carried unanimously.
Case 12-94
Frank C Kunnen, Jr
'2124 Sunnydale Slvd
(Land Development Code)
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Member Riley moved, concerning Case 12-94, to accept the Affidavit of Compliance. The
motion was duly seconded and carried unanimously.
The Board commended Lt. Kronschnabl for his work with the Community Response Team and
questioned his position status. Lt. Kronschnabl responded he is on temporary assignment as
Special Assistant to the City Manager/Community Response Team.
Member Riley moved to recommend to the City Commission that Lt. Kronschnabl be
permanently assigned to the Community Response Team. The motion was duly seconded and
carried unanimously.
A recommendation was made to send a letter to the City Commission recommending Lt.
Kronschnabl for permanent assignment to the Community Response Team.
MINUTES - March 23 and April 13, 1994
Member Riley moved to approve the minutes of March 23 and April 13, 1994, in accordance
with copies submitted to each board member in writing. The motion was duly seconded and
carried unanimously.
ADJOURN
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The meeting was adjourned at 3: 15 p.m.
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Chairman ~
MUNICIPAL CODE ENFORCEMENT BOARD
ATTEST:
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