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11/08/2000MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER November 8, 2000 Present: Helen Kerwin Chair Lawrence Tieman Vice-Chair Sheila Cole Member Franke Huffman Member Joyce Martin Member Peter Caffentzis Member Absent: David Allbritton Member Also Present: Leslie Dougall-Sides Assistant City Attorney Andy Salzman Attorney for the Board Sue Diana Secretary for the Board Patricia O. Sullivan Board Reporter The Chair called the meeting to order at 3:00 p.m. at City Hall. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. The Chair outlined the procedures and stated any aggrieved party may appeal a final administrative order of the Municipal Code Enforcement Board to the Circuit Court of Pinellas County within thirty (30) days of the execution of the order. Florida Statute 286.0105 requires any party appealing a decision of this Board to have a record of the proceedings. ITEM #1 - Public Hearings A1. Case 39-00 (Cont'd from 9/27/00) Stowell Signs 2815 - 2817 Gulf-to-Bay Boulevard (Sign) - Fox Board Secretary Sue Diana read the affidavit of violation and request for hearing. Notice of Violation was issued on June 16, 2000, mailed certified, regular mail, and posted on the property and at City Hall. Service of the notice of hearing was obtained by certified mail to the owner. Assistant City Attorney Leslie Dougall-Sides indicated the property owner owns the sign structure and is solely responsible for it. No related litigation has been filed. While the City originally had permitted construction of a billboard with two faces of 400 square feet each, currently one face of the billboard is 667 square-feet and the other face is 711 square-feet. The Code limits signs to 14 feet in height, 64 square-feet of signage, and includes a 12 square-foot landscaping requirement. The billboard meets none of the criteria. She said nonconforming signs are only lawful if so designated. This billboard never has been considered a nonconforming sign. The amortization process provides billboard owners time to recover their investment and presumes a limited life expectancy. The City questions if related Florida Statutes apply, as the change of status of a portion of Gulf-to-Bay Boulevard (SR 60) to a federal highway occurred after the ordinance outlawing billboards was approved. A provision indicates the statute cannot supersede local law. The amortization period is past. FDOT (Florida Department of Transportation) had denied approval of a permit for the billboard and the Circuit Court upheld the denial on August 6, 1999. Ms. Dougall-Sides said FDOT has the right to remove the sign but has deferred the case to the City. The current Code, adopted in 1999, provides for an application of “vested rights.” Staff is reviewing the owner’s September 26, 2000 application but has made no determination. She said transitional rules in the current Code continue amortization periods established under the previous Code. The sign violates the Code. Ms. Dougall-Sides requested the board find the billboard to be in violation and provide a reasonable time frame for its removal before a fine is enacted. In response to a question, Ms. Dougall-Sides reviewed standards related to vested rights. Attorney for the Board Andy Salzman said the board can postpone this hearing if they first desire information related to the vested rights application. Glen Smith, representative, felt the Code’s vested rights provision applies to the applicant. He requested the hearing be delayed until a ruling is made related to the vested rights application. Member Tieman moved to continue Case 39-00 to February 28, 2001. The motion was duly seconded. Members Tieman, Cole, Huffman, Caffentzis, and Chair Kerwin voted “Aye”; Member Martin voted “Nay.” Motion carried. B1. Case 42-00 William, Michael & Assoc. Inc. (Philip J. Matonte, RA) 307 Leeward Island (Building) - Chaplinsky Jim Lentz, representative, requested a continuance. He said a complete set of plans, with improved structural elements, has been submitted for review. Ms. Dougall-Sides said staff wants the issue to go forward. Development Services Director Jeff Kronschnabl said staff has been working with the property owner on this project since January 1999. The original proposal to renovate has turned into a major project. Staff requests board review to establish an appropriate timeline for completion. Mr. Lentz said Conrad Lazzio, the attorney of record, will be in court on December 13, 2000, and requested a continuance until January 24, 2001. It was noted the case was continued previously. Mr. Kronschnabl requested relief for neighbors of the subject property. Member Huffman moved to continue Case 42-00 to December 13, 2000. The motion was duly seconded and carried unanimously. C1. Case 43-00 McDowell Holdings Inc. (McDowell Dental Office) 1433 Court Street (Landscape) - Kurleman AND D1. Case 44-00 B&K Property Management Inc. (B&K Plaza/Dominos Pizza) 2245 Nursery Road (Landscape) - Kurleman AND E1. Case 45-00 Sktel Inc. (Clearwater Beach Resort) 678 S. Gulfview Boulevard (Landscape) – Kurleman AND F1. Case 46-00 Sktel Inc. (Clearwater Beach Resort) 678 S. Gulfview Boulevard (Tree Permit Fee) - Kurleman Member Huffman moved to continue Cases 43-00, 44-00, 45-00, and 46-00 to December 13, 2000. The motion was duly seconded and carried unanimously. ITEM #2 – Unfinished Business – None. ITEM #3 - Other Board Action/Discussion A3. Request to Address Board re fine at next meeting Case 25-98 Thomas L. George Jr. 417 North Washington Avenue (Building) – Scott The owner has requested his fine be reduced. In response to a question, Ms. Diana will check if another case is pending for Mr. George. Member Cole moved to hear Mr. George’s request related to the fine for Case 25-98 on January 24, 2001. The motion was duly seconded and carried unanimously. B3. Discuss fine regarding 1173 NE Cleveland Street Mr. Kronschnabl said the property owner has brought the site into compliance and requests the board to review the case and consider a lien reduction. The City Commission, which had made the original ruling, must approve any waiver of the fine. The board will be requested to make a recommendation to the City Commission. Ms. Diana said the lien was established by resolution. Member Huffman moved for the Municipal Code Adjustment Board to discuss the fine regarding 1173 NE Cleveland Street on December 13, 2000. The motion was duly seconded and carried unanimously. ITEM #4 – New Business – None. ITEM #5 – Nuisance Abatement Lien Filings – None. ITEM #6 - Approval of the Minutes – Continued to December 13, 2000 ITEM #7 - Adjournment The meeting adjourned at 3:45 p.m.