12/11/1996 (2)
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BAA
BLDG, & FLOOD,
Board of Adjustment & Appeal
'on Building & Flood
Minutes
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BOARD OF ADJUSTMENT AND APPEAL ON BUILDING/FLOOD CONTROL
CITY OF CLEARWATER
December 11, 1996
Present:
John H. Logan, Jr.
Edward H. Walker, Jr.
Pankaj Shah
Carroll Nail, Jr.
Vic Chodora
Patricia O. Sullivan
Chair
Board Member
Board Member
Board Member
Central Permitting Assistant Director
Board Reporter
Absent:
Michael D. Corcoran
Board Member
The Chair called the meeting to order at 2:00 p.m. at City Hall.
To provide continuity for research, items are in agenda order although not necessarily
discussed In that order.
ITEM #1 - 1604 N. Osceola Avenue. Clearwater. Florida. Owners ~ John & Emily Izzo.
Representative - James R. Ficken. Jr. - Appealing the findings of a standard housing report.
Located at Marshall's E. A. Sub, part of Lots 29 & 30.
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James Ficken filed an appeal to invalidate the September 25, 1996, code violation
report, stating the inspector had no reasonable grounds to believe a violation existed.
According to the December 2, 1996, E-Mail from Assistant City Attorney Leslie Dougal/-
Sides, Mr. Ficken has a lease/option on this property and is managing it. John Izzo, who is
listed as the property's owner, expressed concern regarding this appeal as Mr. Ficken
appears to be acting as owner.
Mr. Ficken identified himself as the property's trustee and equitable owner. He said
his attorney could not be present today. He stated notice should have been mailed 10
days prior to the meeting, not 8 days. He requested the item be continued. He claimed
the Central Permitting staff is involved in a conspiracy and their inspections are invalid. It
was noted staft had issued a Standard Housing report mandating repairs. In response to a
request by Mr. Ficken, the Chair indicated the BAABF (Board of Adjustment and Appeal on,
Building/Flood Control) cannot restrict the Central Permitting Department's authority.
Central Permitting Assistant Director Vic Chodora said according to Pinellas County
records, the property is owned by John and Emily Izzo. Mr. Izzo disputes Mr. Ficken's
claims of ownership. Mr. Ficken said Code 47.0355 and 49.0264 requires mailing notice
of BAABF meetings 10 days in advance and that notice was not mailed within that time
frame. Mr. Chodora said that is not the case. Mailings are done as a courtesy. Mr. fzzo
had been provided a copy of the housing report. No permits have been issued to repair or
renovate the property. It was noted Mr. Ficken had not presented his proof of ownership.
Mr. Ficken said that proof is included in County records related to an appeal he filed in
October 1 996.
,:)
Member Shah moved to continue Item #1 until January 8, 1997. The motion was
duly seconded. Staff was requested to determine the property's legal representative.
mbf12.96
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12/11/96
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Upon the vote being taken, the motion carried unanimously.
ITEM #2 . A,ooroval of Minutes
Member Nail moved to approve the minutes of the regular meeting of August 14,
1996, as recorded and submitted in written summation to each member. The motion was
duly seconded and carried unanimously.
ITEM #4 .Pendina Matters
Due to City Hall renovations, the January 8, 1996, meeting will be scheduled for
the Central Permitting Departmsnfs large conference room in the Municipal Services
Building~
ITEM #5 - Adjournment
The meeting adjourned at 2:17 p.m.
air
Board of Adjustment and Appeal on
Building/Flood Control
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