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02/26/1997 (2) . .~ '. 'I': '.' . ....\.,., . ::' 1',' . '.. :.... ,lo'h . j......;. . ,f '" .',', :':,':'. . . .':.' . I, ".. . > 'r L" .. ... ~ c ~ . c. . '. l" . ". . , ''''', I:.. . I.. C , ' C c' . I '. . I,. . " . , . . . . " ~.' .' , . . . .. . .' t ~ , . ' " , ; ~ It' A c: > c " c... Ie , "', . . '..... . . ~ . , c ~. '. :. . ',' .,' ~. . . . . .: .'. . .; :,'" . . c ", > '. ".' , , , . . '. ~~"nt"~~'.> ..>.':"P!.........:... .' ,..~.<:'.::: :.c:...,..:.....a;.~"\t,q.h.. ;':":""'::::.~" ...r('\~.>...+;:~ .......J .... . .. . C"L.. ; >' t, , " MCEB ", , . Municipal Co~e Enforcement Board Minutes . . I , , , Date. Feb'fLV'AXi ala I lCl91 J I I r 3;(<6 , C . " . ' ,. " : :: . . . '. .1 . . I , . .' .' " . .>. , I ',.....\>>_,., ,..-". ',,; ,:.,' '\' ,'.: ,.',:'".',. ' ',' ,"', ;', ,,:-" <."'.,.: ':,',.'...\ ,,'~,.,'.:.:...:'. "~":"-:':'" ;,~.,,':.. ,:, .:.'".,'.:.." .,,"~..~..'. ','.. ,<' '" ,I ' ... \. . I . :-:-.. . I-U I. \ ' '\ ". - " ~ I I ". ~. ~~ .' ' ... . , " '; i :', :\)r,i;~/ ~. ',:, ,. . ~ f ~J~ ACTION AGENDA CITY OF CLEARWATER. MUNICIPAL CODE ENFORCEMENT BOARD Harborvlew Center February 26, 1 997 ..... .' , 1. PUBLIC HEARINGS '/,. ..~.~ I A. Case 50-96 (Contd. 12/1 1/96; 1/22/97) Randy & Karen Klaub 1906 Radcliffe Dr. N. (Standard Building Code) A. Ordered compliance within 14 days. .,' B. Case 03~97 (Contd. 1/22/97) Angel L. Johns ' 629 Bay Esplanade (Land Development Code) B. Withdrawn; complied prior. ; ~ .', C. Case 07-97 Leonard A. McCue/Overby's Inc. 18540 U.S. 19 N. (Land Development Code) C. Continued to 3/26/97. ." D. Case 08~97 Barnett Bank of Pinellas County 1610 Missouri Ave. (Environmental) \, D. Withdrawn; complied prior. o E. Case 09-97 Waters Edge Homeowners Assn. Inc. 1822 Montclair Road (Environmental) E. Continued to 3/26/97. .:' ,.. h I;,. ... ,:~ '. F. Case 10-97 F. Continued to 3/26/97. Moorings of Sand Key Homeowners Assn. Inc. Moorings of Sand Key, Gulf Boulevard (Environmental) " 'J',' .... 2. UNFINISHED BUSINESS 2. '.0 o. A. Affidavit of Compliance A. Accepted. Case 51-96 Clearwater Jaycee Memorial Foundation 2754 Sunset Point Road (Environmental) 1..\.... '. 3. OTHER BOARD ACTION/DISCUSSION 3. None. . '" 4. APPROVAL OF MINUTES ~ January 22, 1997 4. Approved as submitted. . ~ . . 0. ADJOURNMENT 6. 4:18 p.m. CBAG02/97 02/26/97 .....~.....P>:...~'fl,l....~/;"'tti.;;Hrli.:.:, .i....~'~.:1 ',11, '~I,~""':.' ,....-".:, '" .', ,'...., "", .:".". ~ ,- ,,..: v,!,~,"'~~t~!:,\f\.~1J""~~;':tI'i};.h.\.lI"~":T~ '.~;.~~'/{)-.Hl:':'::b'i;i.d~::tit;, ,"~ :"<'1:' "".' . '. .1.> f ..1 !rP ",\:'.,,!t1t t. l.?f.....YJIit'F.lA\lllN~I.'~, ," ""~ ". . " t : j . " . .. "" . ",. ~1tJxn~l,:~ ~'~, I, \ ',' ." I . .1. , . .. " \. : ," .' ," " : : .. ., " \ .\: , ....' JI -- .' , '. " -- MUNICIPAL CODE ENFORCEMENT BOARD CITY OF CLEARWATER February 26, 1997 .",:, ,r. '. '. . . . . ~, . :. ': :.. . I , ,c'> ., . .,". Present: Louise C. Riley, Chair Helen Kerwin, Vice-Chair Stephen D. Swanberg, Member Dennis Henegar, Member Lawrence Tieman, Member Frank Huffman, Member (arrived 3:05 p.m.) Leslie Dougall-Sides, Assistant City Attorney Mark Connolly, Attorney for the Board M. Kathryn Diana, Secretary for the Board Brenda Moses, Board Reporter Absent: Peg Rogers, Member ~:) The meeting was called to order by Chair Riley at 3:00 p.m. in the third floor conference room at Harborview Center, Clearwater. In order to provide continuity for research, the items will be listed In agenda order although not necessarily discussed in that order. The Chair outlined the procedures and advised any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board tot he 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 Statue 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings to support such an appeal. 1. PUBLIC HEARINGS A. Case 50-96 (Cont'd. 12/11/96; 1/22/97) Randy & Karen Klaub 1906 Radcliffe Dr. N. (Standard Building Code) Secretary for the Board Kathryn Diana read the Affidavit of Violation. An above ground pool was installed without a permit or inspections. ~:J Assistant City Attorney Leslie Dougall-Sides asked Inspector Robert Scott how this matter came to his attention. City Inspector Scott stated he received an anonymous complaint. He noted he inspected the property on July 30, 1996 and observed an above ground swimming pool had been installed. He checked with the City Building Inspector to be sure that above ground prefabricated swimming pools require permits, and the Building Inspector confirmed a permit is required. Inspector Scott issued a notice to the owner that a permit was necessary after determining ownership at the Property Appraiser's Office. He noted there had been a problem obtaining proper notice, therefore, he posted the Affidavit of Service/Notice of Hearing on the owners' front door on February 13, 1997 and at City Hall. Inspector Scott notad he personally served notice to the owners in their front yard on October 21, 1996". mcb02.97 1 02/26/97 FINDINGS OF FACT . '" I . , . ~ . :' ~'._ I ," .< v ,: .. . ..". l' ~:., ',. ~ F b In 2reasP109ns987 to a kquehstion, Inhspectodr scotdt stated he reinspected the property , e ruary, ,too p otograp s, an note no permits had been issued for the swimming pool. Ms. Dougall-Sides introduced City's Exhibit 6, photographs taken on December 11, 1996 and February 26, 1997. Inspector Scott recommended giving the, violators two weeks to obtain a permit or a fine of $ 25 per day for each day the violation continues to exit beyond the compliance date be imposed. Ms. Dougall~Sides introduced City Exhibits 1 through 7. In response to a question, Inspector Scott noted when he tried to serve notice, no one would answer the door. Inspector Scott noted an electrical permit is also required and he was uncertain whether the pool was within the setback requirements. Member Kerwin moved that concerning Case No. 50-96, the Municipal Code Enforcement Board has heard testimony at its regular meeting held on February 26, 1997, and based on the evidence issued Its Findings of Fact, Conclusions of Law, and Order as follows: , "::) After hearing testimony of Robert Scott, City Code Inspector, (no one was present to represent the Respondents), and viewing the evidence, City exhibits 1-7 (Ex. 1 ~ Notice of Violation and Order to Stop Work; Ex. 2 - Notice of Violation dated 9/4/96; Ex. 3 ~ verification of ownership; Ex. 4 - Affidavit of Violation & Request for Hearing; Ex. 5 - Notice of Hearing dated 11122/96; Ex. a ~ photographs of pool dated 12/11/96 and 2126197; and Ex. 7 - Affidavit of Sendee dated 2/13/97) it is evident a violation exists, an above ground pool was installed without a permit or inspections at 1 906 Radcliffe Drive N. CONCLUSIONS OF LAW The Respondents by reason of the foregoing are in violation of Chapter 47, Article IV, Sections 47.081 & 43.083(2) and Article V, Section 47.111 of the City of Clearwater Code of Ordinances in that the Respondents have failed to remedy the cited violation. ORDER It is the Order of the Board that the Respondents are to correct the aforesaid violation within 14 days from the date of this Order. The burden shall rest upon the Respondents to request a reinspection by the Code Inspector to verify compliance with this Order. l:;";:~ ~ In the event the aforesaid violation is found, in subsequent proceedings by this Board, not to have been corrected within 14 days from the date of this Order, the Respondents may be ordered to pay a fine in the amount of one hundred and no/100 dollars ($100.00) per day for each day the violation continues beyond the date of this Order. mcb02.97 2 02/26/97 ..,....,,",. :..':.', '.' """~'.;'." '.':;.:~. '.' ........,'::;~~~....:~:...~~i...:....I~..:..':..',;,'..:.'..."..;:.,..'.......... 'I': ,,' ~:. .' ~'\'" ......','.. .:;'," . ..<.< ....~. .... .;.."..... 'J " ',' '.'~ ,. , 1, . , ~ If Respondents do not comply within the time specified, a certified copy of the Order imposing the fine may be recorded in the Public Records of Pinellas County, Florida, and once recorded shall constitute a lien against any real or personal property owned by the Respondents pursuant to Chapter 162 of the Florida Statutes. Should the violation reoccur, the Board has the authority to impose the fine at that time without a subsequent hearing. Any aggrieved party may petition the Board to reconsider or rehear any Board Order resulting from a public hearing. A petition for rehearing must be made in writing and filed with the Board Secretary no later than thirty days after the execution of the Order and prior to the filing of any appeal. Upon receipt of the petition, the Board will consider whether or not to reconsider or rehear the case. The Board will not hear oral argument or evidence in determining whether to grant the petition to reconsider or rehear. The motion was duly seconded and carried unanimously. B. Case 03-97 Angel L. Johns 629 Bay Esplanade (Land Development Code) ,~.:; ..,..'" In a memo dated February 21, 1 997, Inspector Barbara Sexsmith withdrew Case 03-97 as the property is now in compliance. C. Case 07~97 Leonard A. McCue/Overby's, Inc. 18540 U.S. 19 N. (Land Development Code) Secretary for the Board Diana read the Affidavit of Violation. Outdoor retail displays and/or storage are only permitted as a conditional use in a highway commercial zoning district. There is no conditional use approval for use of this property as it is currently being used. o In response to questions from Assistant City Attorney Dougall-Sides, City Inspector Janice King stated this violation was brought to her attention by the City Zoning Department. She noted the property has been cited several times for this violation. The most current Notice of Violation was issued to Overby's and Mr. McCue, the property owner, on November 11, 1996. Overby's is an exotic used car business. Ms. King has observed numerous cars parked outside. Inspector King stated a conditional use permit is required for the property if cars are to be parked outside for display. The same violation dates back to February 25, 1994 with the previous business owner Exoticar. That business moved out and Overby's moved in. Property ownership was determined through Pinellas County Property Appraiser's Office. Inspector King said the Notice of Violation was issued on November 11, 1996 with a December 3, 1996 compliance date. She said she reinspected the property after that date and the property was still in violation. A mcb02.97 3 02/26/97 :.;',;,..:.,:':_"';' ':., ::',';' ;',!,:'.:....,',.'.'".,:>,;,"','.".,',;','..:.,':',:..:... .. ,';',.'.;, , <,~,: .,,'::.' .:' ,:.., ,. '..;:-, , ".,' ',":..',' .':<. "".: '. ",.."::':.'~"-::~,..:.-,:':..'~~:.:':.:,<<::<' ,..>>~,,", '~' :'" ", ' .',~',",',' '~: ,..., " ,', , ." ,.., '", ' ,.',' ,-' '..."i:J\.' '-~' ,.., , \ ,. , " ' ,,\. , ,.. 'I :J. '. . .,.. , . ' " . " , ' . .,' , . :l.. ' ~ ~ . \" . ,', , " '.: , "' . , : " . < ,-' . . l. ", , }; '. . '. ,.' .' . f.. :. : ;." f . ,. ,~",. '; , " Ms. Dougall-Sides submitted City Exhibits 1-11. ~ conditional use to allow for outdoor sales/displays was denied on September 13; 1994. Mr. McCue flied an appeal but later withdrew it. Inspector King inspected the property this morning and submitted photographs (Exhibit 9). In response to a question, Inspector King stated the owner could reapply for a conditional use and compliance could be met by removing the cars from the exterior of the property. Inspector King noted vehicles are also parked on the adjacent property to the south which is not owned by Overby's. She recommended the vehicles be removed or a fine of $100 per day for each day the violation continues to exist be imposed. Ms. King indicated the previous business owner kept the vehicles inside. , ':) Steven Sarnoff, Central Permitting Specialist stated the major issue regarding conditional use approval was adequate parking. Both Overby's and the property to the south would be required in order to provide the parking dimensions required by the code. The first conditional use application did not include an adequate site plan. . Angled parking between buildings and easements up to Nursery Road were issues. City staff worked with the applicant and several continuances were granted. Mr. Sarnoff stated after the denial for the conditional use by the Planning and Zoning Board; the decision was appealed to a State Hearing Officer. Mr. Sarnoff was present at the appeal hearing and issues concerning the denial were discussed. At that time, Mr. McCue withdrew his appeal and said he would reapply for a conditional use. No application has been filed. Mr. Sarnoff stated that Overby's currently has an occupational license with the restriction that all sates are indoors; vehicle sales is the current classification. Overby's would require a new occupational license for outdoor sates. Discussion ensued regarding an access agreement between Overby's and the adjacent property owner which would allow a future driveway to extend to Nursery Road. A unity of title would have addressed future developmental possibilities for the two properties. The proposed easement access for angled parking would be required to be paved in order to facilitate the necessary parking. He noted no unity of title was ever executed. In response to a question, Mr. Sarnoff stated a new site plan has been prepared. Dominick Amatio, attorney representing Mr. McCue, stated Mr. McCue wants to comply with the City Code. Howard Ross; attorney representing Overby's; Inc., reviewed the City's exhibits. In response to a question, Mr. Sarnoff said when an occupational license is transferred to another business, all restrictions go with the transfer. ,,;J Discussion ensued regarding City exhibits 10 and 11 (applications for occupational licenses by the previous business owner, Exoticar, and the current owner, Overby's). Defense exhibit 1 (occupational license for Overby's Inc. dated mcb02.97 4 02/26/97 .",0:) ,<, > Mr.' Ed Jablon, General Manager for Overby's, stated he has been trying to obtain a conditional use for outdoor sales for some time. He noted there has been confusion and ignorance on Overby's part regarding this issue. He noted Overby's has a sizable investment in this business and it has been a problem to get the business to fit under the current conditions with minimal expense. In response to a question, he stated the business officially opened on December 1, 1993. ~ \" September 30, 1994 with a category of automobile dealer) was submitted. Attorney Ross noted no restrictions were evident on the occupational license (Defense exhibit 2). In response to questions, Inspector King said the last contact with Overby's was approximately August of 1996. Mr. Sarnoff explained the category of automotive dealer allows the sale, display and storage of vehicles for sale. In response to a question, Mr. Sarnoff responded that occupational licenses are renewable October 1 of each year. Overby's has renewed its license yearly. In response to questions, Mr. Sarnoff explained approval of a conditional use is subject to conditions set by the Planning and Zoning Board. One of the conditions of approval is to obtain an occupational license within a certain period of time. When. a business has its renewal, if there are no changes to the license category, the renewal is automatic based on payment of fees. . In response to a question, Mr. Sarnoff noted the uses that may be allowed in the highway commercial zone as a conditional use. Included were vehicle sales and outdoor retail sales display and/or storage. Mr. Sarnoff stated the previous owner did not have a conditional use for outdoor sales. Discussion ensued in regard to allowing 90 days to obtain a conditional use. Mr. Jablon indicated he has a better understanding of the process and will reapply. J Member Tieman moved to continue Case 07-97 to the next regularly scheduled meeting of March 26, 1 997. The motion was duly seconded and carried unanimously. D. Case 08-97 Barnett Bank of Pinellas County 1610 Missouri Ave. (Environmental) In a memo dated February 25, 1997, Inspector Richard Albee withdrew Case 08-97 as the property is now in compliance. E. Case 09-97 Waters Edge Homeowners Assn. Inc. 1 822 Montclair Road (Environmental) o mcb02.97 5 02/26/97 , ' , . . , ; L. I~' :; ..~..:;' .:':', '~.\ I., , . ,. .. , , .:." /--, F. Case 10-97 Moorings of Sand Key Homeowners Assn. Inc. Moorings of Sand Key, Gulf Boulevard (Environmental) Member Henegar moved to continue Case 09-97 and Case 10-97 to the next regularly scheduled meeting of March 26, 1 997. The motion was duly seconded and carried unanimously. 2. UNFINISHED BUSINESS A. Affidavit of Compliance Case 51-96 Clearwater Jaycee Memorial Foundation 2754 Sunset Point Road ( Environmental) Member Swanberg moved to accept the Affidavit of Compliance for Case 51- 96. The motion was duly seconded and carried unanimously. 3. OTHER BOARD ACTION/DISCUSSION - none. 4. APPROVAL OF MINUTES ~ JANUARY 22, 1997 r:J Member Kerwin moved to approve the January 22, 1997 minutes as submitted in writing to each member. The motion was duly seconded and carried unanimously. 5. ADJOURNMENT The meeting adjourned at 4:20 p.m. Attest: 'LIT d .) ~ (.: Chair. Municipal Code Enforce ~~ Secret ry to Board : (f,;t.,~;ta W mcb02.97 6 02/26/97 '.h. .,............._,...."'(.~.......\...,(~-v..h/O..".~~~.;"'"j.h~..:~...i.v.:~W~i~~.~.~ '.