05/11/1994 MUNICIPAL CODE ENFORCEMENT BOARD
May 11, 1994
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.
The 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 104-93
Gertrude S Nall, Trustee
Golden Dream: / Menna-Digiovanni
2950 Gulf To Bay Boulevard
(Land Development Code)
Cont. 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.
Case 105-93
Laura Connolly & G. Nall
Gulf To Bay Motel / Menna-Digiovanni
2960 Gulf To Bay Boulevard
(Land Development Code)
Cont. from 10/27 & 11/10/93, 1/12 & 3/23/94
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 unanimously.
Case 06-94
Carl Tilley, Inc., Carl Tilley, R.A.
1891 Drew St
(Land Development Code)
Continued from 1/12, 1/26 & 3/23/94
In a memo dated May 6, 1994, Inspections Specialist Geri 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
OTHER BOARD ACTION / 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 prior to a code change which causes the property to be in compliance. It was indicated
this 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 Blvd
(Land Development Code)
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
The meeting was adjourned at 3:15 p.m.
Chairman
MUNICIPAL CODE ENFORCEMENT BOARD
ATTEST:
Secretary