HomeMy WebLinkAboutCEB MINUTES 01-19-12CITY 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
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, Du[8e/Uexander, provided an overview Ofthe Case history and
presented exhibits for the Board's review. Officer Alexander testified that the violation is for
non-payment Ofthe sewer impact fees for additional seating. Officer Alexander stated that
Special Exception for on premise consumption of alcohol was approved by the City. This
f0||Ovved an Ordinance change which reduced the nOiDiDlunn number ofseating required from
200 to 150 seats. She further stated that the restaurant had previously paid the impact fees OD
the original 75 seats and now owes the impact fees on the additional 75 S881s in the amount of
$21'917.25(75seats x$282.28per seot).
Officer Alexander explained that Staff and the Planning & Zoning Board are currently discussing
proposed rSVis/0DS to the City Code regarding reSt8Vn9O1s serving 8|Cohn|iC beverages. Staff
has proposed the elimination of the requirement for o restaurant to be granted a Special
Exception in order to Serve 8|COhn/iC b8ven8g8S, the elimination of the 2.000 feet separation
neqUineOl8Oi for restaurants that serve alcoholic beverages, and a reduction in the DlininnUVl
seating requirement. The Planning & Zoning Board held 8discussion onthe proposed revisions
at its November 9. 2011 noe8UDg' and On [Jeoennb8r 14' 2011 requested that Staff prepare 8O
Ordinance revising the Code. The Ordinance was reviewed by the Planning &ZOOing Board on
January 11, 2012. The Board supports Staff's proposed C)PdiO@DcH; hOvv8Ve[, additional
wording is required to reconcile conflicts botvv88D different G8Ci/onS of the Code prior to the
Board making 8 final recommendation. Officer Alexander stated that additional time is needed
before the Code changes will befinal.
Officer Alexander respectfully requested that the Board find the Respondent in DOO-CO0p|i3OcH
of the {}Ode Enforcement Board Order and give the Respondent an 8ddiU0D8| 60 days to CO0e
into compliance or impose a fine in the amount of one hundred fifty dollars ($150.00) for the first
day and one hundred dollars ($1O0.OU)per day thereafter until found iDcompliance.
K8DtiOO by Mr. VieOS' seconded by Mr. GOdfr8y, toaccept staff's recommendation and find the
Respondent in non-compliance and be given 00days iO come into compliance Orimpose 8fine
in the amount of one hundred fifty dO||8r8 /$15O.00\for the first day and one hundred dollars
($1O0.00)per day thereafter until found incompliance. Vote VDthe 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, [}Ure8 Alexander, provided an overview Ofthe Case history and
presented exhibits for the Board's review. Officer Alexander testified that the viO|abOD is for the
condition Vfthe balcony. Officer Alexander stated that 8'Restricted Use' placard was posted 0n
the premise due to the poor condition of the balcony and the haCi the all of the hand rails are
Officer Alexander respectfully requested that the Board find the Respondent iOviolation of
Section 3O3.1' Exterior Structure; Section 803.11, Stairways, Decks, Porches, & Balconies; and
88[tinO 303.13` Handrails & Gu@njG, of the Of the |D[SrnaLi0ne| Property K48int8D8noe Code
(1988 edition), 88 adopted by Section 82-221, of the City of Cape (|on8ve[a| Code Of
C)njin8nCeS and impose o fine in the 8nnOunL of two hundred fifty dollars ($25O.00) for the first
day and one hundred dollars /$1OO.00\per day thereafter until found |Dcompliance.
Motion by Mr. Godfrey, seconded by Mr. Hale, to accept staff's recommendation and find the
Respondent in violation and impose 8 fine in the amount of two hundred fifty dOU8[8 /$250.00>
for the first day and one hundred dOU@rS ($100.00) per day thereafter until found in o0nlp|ignC8.
Vote onthe motion carried unanimously.
There being nOfurther busiOe8sthe meeting adjourned 8t7:10P.M.
Approved OnUhiS 8y of 2012.
1T7) 7a"IL",
Mary Rus 11, Chairperson
Joy Lombardi, Board Secretary