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10/27/2004 MUNICIPAL CODE ENFORCEMENT BOARD MEETING CITY OF CLEARWATER October 27, 2004 Present: Sheila Cole Chair Joyce Martin Vice-Chair Jay Keyes Board Member George Krause Board Member Douglas J. Williams Board Member Richard Avichouser Board Member Absent: L. Duke Tieman Board Member Also Present: Bryan Ruff Assistant City Attorney Andrew Salzman Attorney for the Board Mary K. Diana Secretary for the Board Brenda Moses 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 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. 1. PUBLIC HEARINGS A. Case 11-04 - Cont’d from 9/22/04 R&R Comfort Suites 1941 Edgewater Drive Development – Ruud Board Secretary Diana said service was obtained by certified mail on the notice of hearing. Fred Ashdji, representative, disagreed with the violation. In response to questions from Assistant City Attorney Bryan Ruff, City Inspector Alan Ruud said this case is a repeat violation. The number of motel rooms was increased from 40 to 50 units by adding doors between rooms. The MCEB (Municipal Code Enforcement Board) originally heard the violation on May 28, 2003, and determined a violation occurred. The owner corrected the violation by removing the ten doors, associated room numbers, and door casings. Mr. Ruud said on February 25, 2004, during a routine inspection, he saw doorframes and millwork in the motel dumpster. He indicated motel management had said doors were reinstalled to increase the number of rooms. A hearing was scheduled for May 26, 2004; however, the applicant requested and was granted a continuance. He noted the motel’s occupational license for 40 motel rooms was renewed on September 27, 2004. The motel’s web site advertises 50 motel rooms. Code Enforcement 2004-10-27 1 Mr. Ruff submitted City Exhibits 1-6, including photographs of the property taken on February 25, 2004, by Mr. Ruud. Planning Director Cyndi Tarapani, identified an approved site plan presented by Attorney Ruff. The subject site was approved for 40 hotel rooms in October 2000 for the previous owner. Three platted lots comprise the site. Lot 39 is zoned for single family residential and Lots 40-41 are zoned Tourist. She said the Tourist district allows 40 units for overnight accommodations. Mr. Ruff submitted City Exhibits 7-9. Discussion ensued regarding a February 13, 2003 letter that clarified an error had occurred in mapping the site and incorrectly showed Lot 40 not zoned as Tourist. The error in the mapping was corrected and the Tourist district zoning line was moved to include Lot 40. As Mr. Ashdji applied for a rezoning of Lot 40, all applicable fees were returned. Mr. Ashdji questioned why the City only permits 40 units per acre when the County permits 50 units per acre. Ms. Tarapani said the City has more restrictive regulations regarding zoning than the County. In Clearwater, no zoning districts permits 50 units per acre for a hotel/motel. Mr. Ashdji said the previous owner of this property had indicated that 50 rooms were permitted. He requested the City permit 50 units per acre for this site, as drawings indicate the property originally was built with 50 units, and the County plan allows up to 50 units per acre. Ms. Tarapani said the only way to increase the density on the site is to increase the property’s size. In addition, a plan amendment and site rezoning would be required. Ms. Tarapani estimated the plan amendment and rezoning process would take approximately seven months. In response to a question, Mr. Ruud recommended the property be brought into compliance and that the fine be retroactive back to October 1, 2004. He recommended a fine of $500 per day. Member Keyes moved that The Municipal Code Enforcement Board has heard testimony at its regular meetings held on May 26, 2004 and October 27, 2004, and based on the evidence issued its Findings of Fact, Conclusions of Law, and Order as follows: FINDINGS OF FACT After hearing testimony of Code Inspector Al Ruud and Planning Director Cyndi Tarapani for City, and Fred Ashdji representative for Respondent, and viewing the evidence, City Exhibits 1-9 [Ex. 1 – notice of violation; Ex. 2 – applicable code sections; Ex. 3 – property appraiser printout; Ex. 4 – affidavit of repeat violation & request for hearing; Ex. 5 – notice of hearing; Ex. 6 – composite photographs; Ex. 7 – countywide plan rules; Ex. 8 –Stone letter to Aubin; and Ex. 9 – Mariano letter to Ashdji], it is evident there has been an increase in the number of hotel rooms from 40 to 50 which is not allowed in the zoning district in which the property is located and in violation Section 1-104.B of the Community Development Code. CONCLUSIONS OF LAW The Respondent by reason of the foregoing is in violation of Section 1-104.B of the Community Development Code of the City of Clearwater, Florida, that Respondent was found by the Board to have violated the same provision on May 28, 2003, and that Respondent has committed a repeat violation. Code Enforcement 2004-10-27 2 ORDER It is the Order of the Board that the Respondent shall comply with said section(s) of the Code of the City of Clearwater immediately. It is the Order of this Board that the Respondent shall pay a fine in the amount of five hundred and no/100 dollars ($500.00) per day commencing October 1, 2004, and continuing for each day the violation continues to exist. Upon complying, the Respondent shall notify the Code Inspector who shall inspect the property and notify the board of compliance. If Respondent does 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 Respondent 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 motion determining whether to grant the petition to reconsider or rehear. The was duly seconded. carried Upon the vote being taken, the motion unanimously. B. Case 17-04 Roger Kormendi 764 Mandalay Avenue Short Term Rental – Hall Continued to 11/10/04 Case #17-04 was continued to November 10, 2004. C. Case 18-04 Lawrence J. & Nancy A. Scofield 971 Eldorado Avenue Short Term Rental – Hall Continued to 11/10/04 Case #18-04 was continued to November 10, 2004. 2. UNFINISHED BUSINESS A. Case 14-04 Affidavit of Compliance North Mandalay Inv Group, Inc. 411 East Shore Drive Development – Phillips Member Avichouser moved to accept the Affidavit of Compliance for Case #14-04. The motioncarried was duly seconded and unanimously. Code Enforcement 2004-10-27 3 . . . 3. OTHER BOARD ACTION/DISCUSSION A. Request for rehearing - Case 15-04 Dexter Properties 1068 Eldorado Avenue Short Term Rental - Hall Discussion ensued in regard to this request and previous cases that have been added to the short-term rental litigation. Member Williams moved to deny the rehearing and that the owner be notified with proper documentation the City would consider holding the fine in abeyance until a decision is made in the short-term rental lawsuit. The motion was duly seconded and carried unanimously. 4. NEW BUSINESS - None. 5. NUISANCE ABATEMENT LIEN FILINGS GE Capital Mtg Services PNU2004-01220 1970 Rainbow Drive lot Clearing Sky Crest Unit No.8, Blk B, lot 12 $ 420.36 Jeffrey N. Bullock 604 Mclennan Street Belleview Court, Blk B, lot 11 PNU2004-01584 Towing 1985 Isuz Truck $200.00 Member Keyes moved to accept the nuisance abatement lien filings as submitted. The motion was duly seconded and carried unanimously. 6. APPROVAL OF MINUTES - September 22, 2004 Member Williams moved to approve the minutes of the regular meeting of September 22,2004, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. 7. ADJOURNMENT The meeting adjourned at 3:53 pm. ~~ Jthair Municipal Code Enforcement Board A~ secrerl11(~ Code Enforcement 2004-1 0-27 4