HomeMy WebLinkAboutCEB Minutes 01-19-2012CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
JANUARY 19, 2012
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was
held on January 19, 2012, in the Cape Canaveral Public Library Meeting Room at 201 Polk
Avenue, Cape Canaveral, Florida.
Chairperson Mary Russell called the meeting to order at 7:00 PM. The Board Secretary called
the roll.
MEMBERS PRESENT
Mary Russell
Raymond Viens
Walter Godfrey
James Hale
Karen Hartley
Lynn Mars
MEMBERS ABSENT
Ralph Lotspeich
OTHERS PRESENT
Duree Alexander
Joy Lombardi
Todd Morley
Kate Latorre
Chairperson
Vice -Chairperson
Code Enforcement Officer
Board Secretary
Building Official
Assistant City Attorney
The Board members established that the next meeting would be held on February 23, 2012.
Assistant City Attorney Latorre swore in all persons giving testimony.
NEW BUSINESS:
Approval of Meeting Minutes: September 22 2011.
Motion by Mr. Godfrey, seconded by Mr. Hale, to approve the meeting minutes of September
22, 2011, as written. Vote on the motion carried unanimously.
COMPLIANCE HEARINGS:
Case No. 11-00017 - Violation of Section 78-128 Change of Use: and Section 78-121
Established, of the City of Cape Canaveral Code of Ordinances (6615 N Atlantic Ave.)
— Izzy's Bistro aka BJBK Cape Inc. c/o Brigitte Krause R.A.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that the violation is for
non-payment of the sewer impact fees for additional seating. Officer Alexander stated that a
Special Exception for on premise consumption of alcohol was approved by the City. This
followed an Ordinance change which reduced the minimum number of seating required from
200 to 150 seats. She further stated that the restaurant had previously paid the impact fees on
the original 75 seats and now owes the impact fees on the additional 75 seats in the amount of
$21,917.25 (75 seats x $292.23 per seat).
Officer Alexander explained that Staff and the Planning & Zoning Board are currently discussing
proposed revisions to the City Code regarding restaurants serving alcoholic beverages. Staff
has proposed the elimination of the requirement for a restaurant to be granted a Special
Exception in order to serve alcoholic beverages, the elimination of the 2,000 feet separation
requirement for restaurants that serve alcoholic beverages, and a reduction in the minimum
seating requirement. The Planning & Zoning Board held a discussion on the proposed revisions
at its November 9. 2011 meeting, and on December 14, 2011 requested that Staff prepare an
Ordinance revising the Code. The Ordinance was reviewed by the Planning & Zoning Board on
January 11, 2012. The Board supports Staff's proposed Ordinance; however, additional
wording is required to reconcile conflicts between different sections of the Code prior to the
Board making a final recommendation. Officer Alexander stated that additional time is needed
before the Code changes will be final.
Officer Alexander respectfully requested that the Board find the Respondent in non-compliance
of the Code Enforcement Board Order and give the Respondent an additional 60 days to come
into compliance or impose a fine in the amount of one hundred fifty dollars ($150.00) for the first
day and one hundred dollars ($100.00) per day thereafter until found in compliance.
Motion by Mr. Viens, seconded by Mr. Godfrey, to accept staff's recommendation and find the
Respondent in non-compliance and be given 60 days to come into compliance or impose a fine
in the amount of one hundred fifty dollars ($150.00) for the first day and one hundred dollars
($100.00) per day thereafter until found in compliance. Vote on the motion carried unanimously.
PUBLIC HEARINGS:
Case No. 11-00082 - Violation of Section 303.1, Exterior Structure Section 303 11
Stairways, Decks, Porches, & Balconies: and Section 303.13 Handrails & Guards of the
of the International Property Maintenance Code (1998 edition) as adopted by Section
82-221, of the City of Cape Canaveral Code of Ordinances (417 Polk Ave) — Jessica
Hanely-Poore & Michael A. Poore, Property Owners.
Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that the violation is for the
condition of the balcony. Officer Alexander stated that a `Restricted Use' placard was posted on
the premise due to the poor condition of the balcony and the fact the all of the hand rails are
missing.
Officer Alexander respectfully requested that the Board find the Respondent in violation of
Section 303. 1, Exterior Structure; Section 303.11, Stairways, Decks, Porches, & Balconies; and
Section 303.13, Handrails & Guards, of the of the International Property Maintenance Code
(1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of
Ordinances and impose a fine in the amount of two hundred fifty dollars ($250.00) for the first
day and one hundred dollars ($100.00) per day thereafter until found in compliance.
Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staff's recommendation and find the
Respondent in violation and impose a fine in the amount of two hundred fifty dollars ($250.00)
for the first day and one hundred dollars ($100.00) per day thereafter until found in compliance.
Vote on the motion carried unanimously.
ADJOURNMENT:
There being no further b iness the meeting adjourned at 7:16 P.M.
Approved on thisc;�day of , 2012.
Mary Rus II, Chairperson
'.1
J y Lombardi, Board Secretary