The URL can be used to link to this page

Home My WebLink AboutCEB Minutes 04-17-14CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES APRIL 17, 2014 6:00 PM A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was held on April 17, 2014, in the Cape Canaveral Public Library Meeting Room at 201 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 6:00 PM. The Board Secretary called the roll. Mary Russell Raymond Viens Christopher Cloney Walter Godfrey James Hale Ralph Lotspeich Lynn Mars OTHERS PRESENT Duree Alexander Brian Palmer Gary Stepalavich Todd Morley Joy Lombardi Kimberly Kopp Chairperson Vice -Chairperson Code Enforcement Officer Code Enforcement Officer Building Official Community & Economic Dev. Director Board Secretary Assistant City Attorney The Board members established that the next meeting would be held on May 22, 2014. Assistant City Attorney Kopp swore in all persons giving testimony. Assistant City Attorney Kopp swore in the new Board Member Christopher Cloney. NEW BUSINESS: Approval of Meeting Minutes: February 20, 2014. Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of February 20, 2014, as written. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes April 17' 2014 Page COMPLIANCE HEARINGS: 2. Case No. 12-00003 - Violation of Section 105.1, Permit Required; Section 109.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances; Section 34-96(d), Standards Established; Section 34-98(6) Building Appearance and Maintenance; Section 78-27, Connection with Sewer Required; Section 78-128, Change of Use; Section 110-292, Principal Uses and Structures; Section 110-296, Area and Dimension; Section 110-468, Accesso Structure; Section 110-491, Number of Spaces Required; Section 110-551(a)(2)(b), Location of Recreational Vehicles; and Section 31.3.4.5.1, Smoke Alarms, of the Florida Fire Prevention Code as adopted by Section 38-26, of the City of Cape Canaveral Code of Ordinances, (350 Monroe Ave.) — Antonio Romano, PropertV Owner. Code Enforcement Officer [}u[88 /UGX8Dde[ provided an overview Of the Case history and presented exhibits for the E]O8nd's review. Officer Alexander testified that the violation is for the condition of the G[ruCtUn3. Officer Alexander stated that this Case was presented to the Board for Compliance Hearings On several OCC8SiOOS and was g[8Di8d additional time. Officer Alexander reported that the Respondent has submitted plans for nBvi8vv and an incomplete permit application. Officer Alexander r8SD8Cthu|k/ requested that the Board find the Respondent in nOm-COD1p|i@nC8 of the Board Order, and be given UnU| June 19, 2014 to CO0e into compliance or i0pnG8 the fine in the @rnOUni of one hundred and fifty dollars ($15D.O0) for the first day and one hundred dollars ($100.OU) per day until found iOcompliance. Motion by M[ Viens, seconded by M[ Hale, to accept Staff's recommendation and find the Respondent in non-compliance and be given UnU| June 19, 2014t0 COnne into Q]nnp|i8nc8 or impose the fine inthe amount Vfone hundred and fifty dollars /$150OO\for the first day and one hundred dollars ($100.00) per day thereafter until found in C0nOp|i8nC8. Vote on the noObOD carried VD8OiDloUS|y. 3. Case No. 13-00047 — Violation of Section 110-468, Accessory Structures, of the Citv of Cape Canaveral Code of Ordinances, (625 Manatee BaV Dr.) — Donceel, Randal Craig Code EOfO[CeD1eOt Officer Brian Palmer provided an overview of the Case history and presented exhibits for the Board's review. Officer Palmer testified that the violation is for the construction of an accessory structure in the front yard. Craig DODC88[ property owner, stated that he is requesting an 8Xt8DskJn of time due to the fact that there has not been 8 Planning & ZODiO0 Board meeting since he appeared before the Code Enforcement Board in November. Mr. []0nc8e| 8xpn8SSod that he is still interested in the proposed language revision of the Code to provide an opportunity to apply for a variance. Code Enforcement Board Meeting Minutes April 17.2O14 Page 3 Todd Morley, COD0O0uDitv & ECoOVrniC D8v8k}pDl8Dt Director, testified that K8[ [)OnCee| hos been very diligent with his request. Mr. K4Od8y explained that Staff has decided to take a different approach and will present 8 draft revision Of the OvH[8|| variance process to the Planning fkZoning Board in May. HHfurther stated that the proposed revision vvOU|d provide more opportunities for variance requests and redevelopment. C]ffiC8[ Palmer respectfully requested that the Board find the Respondent in non-compliance Of the Board Order, and be given until JUD8 18' 2O14tOcome into compliance Orimpose afine in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars /$75.O0\per day thereafter until found iDcompliance. K40b0D by Mr. VienS. seconded by K4[. Hale, to accept Staff's [eCO00eOd8ti0n and find the respondent in non-compliance and be given until June 19. 2014 to come into compliance or impose 8 fine in the 8rnOUnt of one hundred and fifty dollars /$15U.00\for the first day and seventy-five dollars ($75.00) per day thereafter until found in CO0p|i8DC0. Vote on the mOUOO carried unanimously. 4. Case No. 13-00109 - Violation of Section 105.1, Permit Required; Section 110.1, Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of Ordinances, (283 & 285 E. Central Blvd.) — Charles W. & Helen Chapman Pindziak, Property Owners. Code Enforcement Officer DUreeAlex8Dde[ [8qUHStHd that this C8S8 be withdrawn from the agenda due tUnotification. 5. Case No. 14-00026 - Violation of Section 78-128, Chanqe of Use: Section 78-121 Established; and Section 78-99, Fees, of the City of Cape Canaveral Code of Ordinances, (8501 Astronaut Blvd.) — Elpiclasmar Management LLC, c/o Pantelis Markogiannakis, Property Owner; Saigon Restaurant, LLC, c/o Hai T. Tran, Business Ownpr Code Enforcement Officer OUr88 Alexander provided an overview of the Case history and presented exhibits for the Board's review. [)ffiC8r Alexander testified that the viO|8U0D is for nonpayment of sewer impact fees. Officer Alexander stated that 88igOO Restaurant, LLC was notified On February 5, 2013 that impact f88S were due for (45) additional seats. {]ffiCe[ Alexander explained that the amount due is $S,O37.12based DOthe City's Schedule OfFees. Pantelis Markogiannakis, property owner, requested additional time to consult with his attorney. {]ffiCGr Alexander rH8p8CtfU|k/ requested that the Board find the Respondent in violation of Section 78-128, Change ofUse; Section 70-121,Established; and Section 78-&9. Fees, Ofthe City of Cape {|8noven3| Code of Ordinances, and be given until June 10' 2014t0 CODle into compliance Orimpose afine inthe amount Ofone hundred and fifty dollars ($15O.0O) for the first day and seventy-five dollars ($75.00) per day thereafter until found incompliance. Code Enforcement Board Meeting K8inuh*a April 17, 2014 Page Motion by K4c Godfrey, seconded by M[ VieDS, to aCCeoi Staff's recommendation and find the respondent inviolation and be given VnU| June 19. 2O14tncome into compliance OFimpose 8 fine in the 8O00uDt of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars /$75.00\ per day thereafter until found in CODOp|iGDCe. Vote OD the motion carried UD8DirnOUs|y. There being nOfurther business the meeting adjourned 8tO:31 P.M. Mary Rus 1 11, Chairperson Jo� l!ombardi, Board Secretary