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Home My WebLink AboutAgenda package 3-22-18CITY OF CAPE CANAVERAL CODE ENFORCEMENT MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA March 22, 2018 6:00 PM CALL TO ORDER: ROLL CALL: Establish Next Meeting Date: April 19, 2018 NEW BUSINESS: 1. Approval of Meeting Minutes: February 22, 2018 COMPLIANCE HEARINGS: None PUBLIC HEARINGS: 2. Case No. 2018-182 - Violation of Section 110-555, Paving of Vehicular use areas. Section 110- 556, Vehicular rental facility; of the City of Cape Canaveral Code of Ordinances, (6850 N Atlantic Ave.) — Patel, Yogeshkumar S. Property Owner. OLD BUSINESS: None Pursuant to Section 286.0105, Florida Statute, the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Building Department (321)868-1222 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CODE ENFORCEMENT BOARD MEETING MINUTES February 22, 2018 A Regular Meeting of the Code Enforcement Board was held on February 22, 2018, at Cape Canaveral City Hall Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairperson Mary Russell called the meeting to order at 6:09 p.m. The Board Secretary called the roll. MEMBERS PRESENT Mary Russell Walter P. Godfrey, Jr James Hale Charles Hartley Paula Collins Inez Stone MEMBERS ABSENT OTHERS PRESENT Jennifer Nix Brian Palmer Ginger Wright Chairperson Vice Chairperson Assistant City Attorney Code Enforcement Officer Board Secretary Board members established the next meeting would be on March 22, 2018. Assistant City Attorney Nix swore in all persons giving testimony. NEW BUSINESS: 1. Approval of Meeting Minutes — January 18, 2018. Mr. Hartley recommend to amend the minutes in Case No 2017-153 to read carried unanimously. Second by Mr. Cloney. Minutes then approved. Motion by Mr. Godfrey second by Mr. Hale. Vote on the motion carried unanimously. APPLICATIONS FOR SATISFACTION, RELEASE OR REDUCTION OF CODE ENFORCEMENT LIENS (See. 2-260, City Code). 1. Case No.2010-124 —Application for Satisfaction or Reduction of Code Enforcement Lien, (215 Pierce Ave Unit A) -Deborah Carroll, Property Owner Code Enforcement Officer Brian Palmer provided an overview of the Case history. Code Enforcement Board Meeting Minutes February 22, 2018 The Lien is currently listed at $82,050.00. The respondent is requesting it to be reduced to a $2,000.00. Staff supports this reduction. Motion was made to recommend the lien be reduced to $2,000.00. Motion by Mr. Godfrey, seconded by Mr. Cloney to reduce the Lien to $2,000.00 Vote on the motion carried 7 to 1. OLD BUSINESS: None ADJOURNMENT: Meeting adjourned at 6:52 p.m. Approved on this day of , 2018. Mary Russell, Chairperson Ginger Wright, Board Secretary Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Building Department (321)868-1222 48 hours in advance of the meeting. �ity of Cape Canaveral Community Development Department NOTICE OF HEARING THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Respondent(s): PATEL, YOGESHKUMAR S Location of the Violation: 6850 N ATLANTIC AVE. CAPE CANAVERAL 32920 CASE No. 2018-182 DATE: 2/26/2018 A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 22, 2018, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the new City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. DATE tis 26th daytff0ruary, 2018 Chris Ro inson, Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 CityCapeof Canaveral �...,C"WCommunity Development Department NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL CASE NO. 2018-182 A Florida Municipal Corporation, Date: 1/18/2018 Complainant, V. Owners of the property located at: 6850 N. Atlantic Ave. Cape Canaveral FL. 32920 PACEL ID: 24 -37 -23 -CG -00073.0-0001.00 Respondent(s): Patel, Yogeshkumar S PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violations(s) is/are not corrected within the time period set forth above or the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice until the violations(s) has/ have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exit(s): 6850 N. Atlantic Ave. Cape Canaveral FL 32920 2. Name and address of owner(s) of property where violation(s) exist: Patel, Yogeshkumar S 6850 N. Atlantic Ave. Cape Canaveral, FL 32920 Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: b.palmergcityofcapecanaveral.org Page 2 2018-182 Our office received a complaint regarding the rental of Uhaul moving trucks and trailers. A site visit revealed several trucks and open trailers parked in the unpaved fenced in rear portion of the establishment. Staff informed you that operating a Uhaul rental facility at this location is prohibited and can not continue. Staff also observed the storage area the vehicles are located is not paved as required for vehicles that traverse the property as a function of the primary use, including but not limited to drives, parking, service and display areas. Description of Violation(s) at property: Section 110-555 paving of vehicular use areas. All commercial and industrial areas used for the display or parking of any and all types of vehicles, boats or heavy construction equipment and all land upon which vehicles traverse the property as a function of the primary use, including but not limited to drives, parking, service and display areas, shall be paved. Section 110-556. - Vehicle rental facility. (a) Definition of vehicle rental facility. Vehicle rental facilities shall be defined as commercial establishments where motor vehicles are kept and maintained for lease, where such vehicles are dropped off or picked up and where customers complete all transactions necessary for the short term lease of such vehicle. (b) Limitations on vehicle rental facilities. Vehicle rental facilities may only be permitted in the M-1 zoning district subject to the following minimum requirements: (1) Minimum lot area for facilities shall be 12,000 square feet, however, two or more facilities may be situated on a minimum of one acre; (2) Minimum lot width for facilities shall be 100 feet; (3) That a continuous, densely planted, greenbelt of not less than 15 feet in width, penetrated only at points approved during site plan approval, for ingress and egress to the property, shall be provided along all property lines abutting public rights-of-way or properties zoned residential. Said greenbelt shall be in conformance with the requirements of section 110-566 et seq. of the City Code, as may be amended from time to time. Where a wall or fence is to be used as screening, as may be provided within this Code, the greenbelt will be located between the property line and the wall or fence such that greenbelt is adjacent to the bordering property; (4) Outside areas where the motor vehicles are to be displayed or stored shall be paved and striped in accordance with the city's off-street parking regulations; (5) All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street and shall not be placed so as to endanger pedestrian traffic; Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cityofcapecanaveral.org e-mail: b.Palmergeityofcapecanaveral.org Page 3 2018-182 (6) Servicing or repair of vehicles is prohibited except within a fully enclosed structure; (7) All outdoor paging or speaker systems are expressly prohibited; and (8) The hours of operation for such facility shall be limited to 7:00 a.m. to 9:00 p.m. daily. 3. Recommendation(s) to correct the violation(s) described above: • Discontinue the leasing of moving trucks and trailers and remove them from the property. • Pave all land upon which vehicles traverse as a primary function. • Apply for and obatin applicable permit(s) and have final inspection(s). Section 110-1. —Definitions. Paving may consist of the following materials: macadam, asphalt, concrete, pervious concrete, permeable paving, bricks, tile, pavestone, tilestone, flags, flagstone, flagging, cobblestone, curb, kerb, curbstone, kerbstone, edgestone and curbing. All paving material shall have a finished surface and must be contained by a permanent border and properly maintained. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Violation or the recommendations contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape Canaveral, (321) 868-1222. Chris Robinson Code Enforcement Officer Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.cit��pecanaveral.org e-mail: b.palmergcityofcapecanaveral.org U -Haul: Moving Truck Rental in Cape Canaveral, FL at Yogi's Food & Discount Beverage Page 1 of 5 U-HAU 1: I Ytvr=w1v o dslbrage resoirm (0i _ ® Q (0 V! Cart (/Cart.asoxl ♦) Sion in / look un order (/Orders!) Q Francais (htto://fr.uhaul.com) / ESDaliol (/?language=es-mx) Yogi's Food & Discount Beverage (U -Haul Neighborhood Dealer) Share(htto://www.addthis.com/bookmark.ohp?v=250&username=uhaulcom) I G'' Address 0 View photos 6850 N Atlantic Ave Cape Canaveral, FL 32920 (321) 638-0815 (tel:3216380815) Driving directions 2 reviews (https://www.uhaul.com//Locations/customer-reviews-for-Yogis-Food-and-Discount-Beverage/006656/) Standard Hours Mon -Sun: 10 am - 8 pm Moving trucks (/LocationsfTruck-Rentals- near-Cape-Canave ral-FL- 32920/006656/) Trailers & towing (/Locations/Trailer-Rentals- nea r -C a pe -Ca navera I -F L- 329201006656/) Reviews (/Locations/Customer- reviews-for-Yogis-Food-a nd- Discount-Beve rage/6656/) Moving Truck Rental in Cape Canaveral, FL at Yogi's Food & Discount Beverage Moving to or from Cape Canaveral FL 32920? Get FREE truck rental rate quotes at Yogi's Food & Discount Beverage. U -Haul rental trucks are specifically engineered from the ground up to assist moving families, not freight. Our moving trucks have more safety features than other moving trucks in the industry including gentle ride suspension and high visibility mirrors to assist the driver. Whether you are moving a smaller apartment or a large https://www.uhaul.com/Locations/Truck-Rentals-near-Cape-Canaveral-FL-32920/006656/ 3/9/2017 d;:'•:"� Brevard County Property Appraiser Phone: (321) 264-6700 httos://www.bcoao.us Titusville - Merritt Island • Viera • Melbourne • Palm Bay • •. f PROPERTY DETAILS A Account Owners Mailing Address Site Address Parcel ID Property Use Exemptions Taxing District Total Acres Subdivision Site Code Plat Book/Page Land Description 2434856 Yogi'S Food & Discount Beverage; Inc 6850 N Atlantic Ave Cape Canaveral FL 32920 6850 N Atlantic Ave Unit Yogi's Cape Canaveral FL 32920 6870 N Atlantic Ave Unit Packag Cape Canaveral FL 32920 6890 N Atlantic Ave Unit Tipafe Cape Canaveral FL 32920 24 -37 -23 -CG -73-1 1210 - Mixed Use - Commercial Property None 26GO - Cape Canaveral 0.86 Avon By The Sea 0340 - A1A 0003/0007 Avon By The Sea Lots 1 Thru 3 & 9,10 Thru 12 Blk 73 VALUE SUMMARY Category 2017 2016 2015 Total Market Value $577,000 $550,000 $500,000 Agricultural Market Value $0 $0 $0 Assessed Value Non -School $577,000 $550,000 $500,000 Assessed Value School $577,000 $550,000 $500,000 Homestead Exemption $0 $0 $0 Additional Homestead $0 $0 $0 Other Exemptions $0 $0 $0 Taxable Value Non -School $577,000 $550,000 $500,000 Taxable Value School $577,000 $550,000 $500,000 SALES/TRANSFERS Date Price Type Parcel Deed 10/28/2011 -- QC Improved 6479/2607 07/14/2011 -- TD Improved 6420/0332 06/15/2011 -- TD Improved 6404/2866 06/29/2001 $408,000 WD Improved 4378/0815 04/28/2000 -- CT Improved 4159/2315 11/30/1997 -- WD Improved 3767/1819 10/01/1987 $275,000 WD — 2847/2547 10/01/1987 -- PT -- 2847/2534 09/01/1986 $162,100 PT -- 2727/1105 BUILDINGS PROPERTY DATA CARD #1 Building Use Year Built Story Height Floors Residential Commercial Units Units 1125 - Convenience 1983 8 1 1 0 Store Materials Sub Areas Exterior Wall: Plywd/T111 Base Area (1st) 2000 Page 1 of 2 Generated on 1/18/2018 12:40:00 PM 7X x U' m ,x z Illy AV SAN), 2ivti l "t) E'L 6r OL 6. 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