07-31-1979 Special
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CITY OF EDGEWATEP.
BOARD OF ADJUSTMENT AND APPEALS
(Building Code Board)
Special Meeting
. .
Ju~;V' 3,1',~ 1979
Mr, Milan Grjffith. Cha1rman, called the meeting to brd~r at 7:30 P.M.
in City Hall,
ROLL CALL
Mr, Griffith
Mr. Cole
Mr. Harris
~1r. Troutner
Present
Present
Present
Present
Also Present:
Mr, Gregory
Mr, Hagglund r Attorney for .Mr. Gregory
Charles Murphy - Building Official
Mr..Griffith said that the pr~mary purpose of this meeting was to
discuss the. complaint brought by Mr. Gregory against Mr. Frank Berman
regarding inadequate,.footings un~er curtain walls, poor workmanship,
roofing complaint and general defective construction on a house that
Mr, Berman built for Mr. Gregory at 2429 Pine Tree Drive in Edgewater.
Mr. Griffith stressed the point that this was a hearing to listen to
Mr. Gregory and any other participants interested in this complaint.
There will be no decisions rendered tonight on this complaint.
Mr. Harris said that he had inspected the house and they found some
poor workmanship, missing footings and parts of the building were cracked.
Mr. Troutner said that he also checked this out but he was not sure what
the Board's status was on taking any action on the poor workmanship.
Mr. Griffith said that he will check out the ordinances to find out
what specific areas the Board could rule on. He added that he had
also checked the building and found the same deficiences that Mr. Harris
and Mr. Troutner found. There was also a Question about the roofinq.
They had hoped to determine who the roofing contractor was but Mr. Berman
is not present at this meeting and therefore they cannot get this
information, He asked Mr, Murphy to comment on the building.
Mr. Murphy said that first of all he did not have a record of the roofing
contractor because they were using the old form. The new form has all
the subcontractors listed that work on a soecific job. Mr. Murphy added
that he felt the wing walls in Mr. Gregory~s house were definately
wrong and he had told Mr. Berman to change it. Mr. Berman told him
that Mr. Gregory wouldn't allow him to change it. There is a year to
protect the owner in which all complaints should be taken care of and
- he had told Mr. Gregory that Mr. Berman should be given the chance to
fix things,
Mr. Gregory said that he didn't feel Mr. Berman was qualified.
Mr, Murphy said that the State say's he' is qualified and has issued him
a building license.
"(Mr. Griffith asked Mr. Gregory if it was true that he wouldn't allow)
Mr. Berman back on the premises to make repairs,
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Mr. Hagglund said that there was civil liti9ation presently pendjng
concerning this case and that Mr. Berman agreed to go back on the job
if he would be paid in full, not only the balance of the contract price
but also for some eX~ras which Mr. Gregory is not agreeing that Mr.
Berman is owed.
Mr. Murphy said that he felt this was what was happening because he
saw a list of the extras. This is between the builder and the owner.
He can understand why Mr. Gregory does not want to pay the builder
in full because he would lose his protection.
Mr. Gregory said that is was concerned with those footings and the pad.
He understands the pad isn't up to specifications, aren't they supposed
to be 1611.
Mr. Harris said we didn't check them. It looked like the footings might
have been alright but we didn't check them that far. We found out it
was a monolithic pour and that was a little different.
Mr. Griffith said that it was mainly the footings under the wing walls.
Mr. Hagglund asked what would be the proper way to correct that problem.
Mr. Harris said that it would be.a little risk'y but you could correct
it. You would have to put down some fittings and some sections and
underpin it so you wouldn't dig out under the whole wall at once.
..
Mr. Gregory said that he didn't want any patch up job, this was a new
home.
Mr. Griffith asked'Mr~ Gregory again if Mr. Berman had come to the
house to attempt to correct the footings.
Mr. Grigory said that yes he had come there with
of steel 'wire. I asked him what he was going to
they were going to drill holes and put pins in.
he didn't thin'kthis was the right way to do it.
sin.ce.
two 2x4 and a piece
do and he said that
Mr. Gregory said that
II e .. has nit see n him-
Mr. .Griffith asked if it was correct to state that Mr. Berman wi'll not
go back to the house until the civil matter is settled.
Mr. Hagglund said that shortly after Mr. Berman went down to the house
to do whatever it was he was going to do, he filed a lien and shortly
thereafter filed suit to foreclose the lien and Mr. Gregory has a
counter claim. Whatever is resolved will be resolved in civil litigation.
Mr. Murphy said that the wing walls should be taken care of because
they can fall apart. ~.
The Board members all agreed that this would have to be fixed.
Mr. Gregory asked about the shingles and other things that Mr. Pirtle,
State DeDt. of Professional and Occupational Regulations~ had said
were in violation.
Mr. Griffith said that unfortunately neither Mr. Berman nor his
representative is at this meeting and'the Board does not know who to
contact to find out who the contractor was.
.Mr. Hagglund .said that regardless who the subcontractors were isn't the
contractor responsible for the entire job?
Mr. Griffith said that yes the contractor was responsible.
Mr. T~outner asked if the Board had anything to say about what the
contractor's subs do?
"
Mr. Griffith said that all we can do toniaht is oather all the information
and then we will have to go through ordinances and determine whether or
not Mr. Berman is in viola~ion of any of the ordinances.
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Mr. Hagglund asked what can result from this Board meeting. As he
understands it the State Construction Industry Licensing Board has
forwarded their complaint to the Edgewater Board for action and .it
is further understanding that the Board can make findings of fact and
recommendations to the State Board and they can act,on those recommenda-
tions.
Mr. Griffith said that they could not draw any conclusions tonight.
_ However, taking the extreme result, we could suspend Mr. Berman's
license as far as the City was concerned and his occupational license
would go with it. The State would act on its own, in any case, but
the Board's findings could determine which action they take. Should
we, for example, find nothing wrong that would not keep the State from
going ahead with some action. It is just that they come through the
Edgewater Board first.
Mr. Gregory said that he was curious about the foundation.
< Mr. Harris said that they didn't actually dig down and measure the
foundation.
Mr. Griffith said that if Mr. Gregory requests that the Building Official
check this out, h~ is sure that Mr. Murphy would be willing to do so.
Mr. Murphy said that places that were not covered up with stucco, there
was the bare concrete, all the footina went UD about_ 611. He does not
think there was enough fill put around the building.' There appeared
to be adequate footings but it was a sloppy piece of work all around
the base with the stucco.
Mr. Harris said it appeared as if they had gone back and tried to patch
it in.
Mr. Gregory asked about the Board's opinion of the workmanship.
Mr. Griffith said that there was no question that the aluminum souffit
was very poorly done.
Mr. Hagglund said that probably a lot of the-workmanship-items will
be taken care of in civil litigation but material deviations from
plans and specifications and violations of the building code should be
causes for discipline. Those are what the Board should primarily be
concerned with. He asked the Board if there was any way that the
leak in the roof could be checked.
Mr. Gregory said it was inside around the fireplace.
Mr. Griffith said that it appeared to be a heatilator fireplace.
Mr. Gregory said that it leaked now on the side of the sliding doors.
Mr. Griffith said that they witnessed the fact that it wasn't caulked
cor r e c tl y b e for e i t was s t u ceo ed, and t hat i s why i tis 1 e a kin 9 .
Mr. Gregory said that every time it rains it blows right in and the
curtains are already ruined.
Mr. Hagglund asked if this was a violation of the building code.
Mr. Murphy said it was not a violation, it was just poor workmanship.
Within the year's warranty in the house the builder is supposed to take
care of all those problems.
__ Mr. Gregory said that Mr. Berman has made no effort to correct things.
Mr. Murphy said that Mr. Gregory had chased Mr. Berman away. You gave
the builder an out.
Mr. Harris said that the builder should make repa'irs and it should be
under the supervision of the Building Official.
Mr. Murphy said that he would be glad to stand right there while the
repairs were being made.
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Mr, Gregory said it should have been done right in the first place,
Mr. Harris said that the roof should be fixed too,
Mr. Gregory said that with all the poor .workmanship did they blame
him for holding hack money',' '.That kind of a huilder would not be
allowed to work where he cimerfrom,
Mr, Griffith said that if there were no further comments, he would
adjourn the hearing,
Mr, Griffith said that the Board would continue the special meeting
and discuss some items that have been sent to .the Board,
The Board considered a letter from the Florida Shores..Property Owners
Association requesting permission to build an addition ithe same floor
level as their present clubhouse.
Mr, Murphy said tha~ the area was high and dry and that he believed
permission should be granted. However, in view of the new ordinance
concerning floor heights, he needed Board approval and Council permission
Mr, Harris made a motion .that the Board. recommend to the Council that
they grant permission to build the 'addition in conformance with present
grade level of the existinq buildinq, ~r. Cole seconded the motion.
Upon roll call the motion CARRIED 4:0,
A letter will be sent to the Council.
The Board considered a letter from Wheaton Construction, . Mr. Wheaton
stated that the Building Official had informed him that he had to have
his f i 11 and. fin i shed floor at least .24 II above the street. They did
t his a't.2 2.18 . 0 r 'a n 9 'e T r e e Dr. (B u i 1 d i' n 9 Per m i t # 2 4 2 7 ) . The b u i 1 din 9
n e-x t . d 0 0 r i sat 1 e a s t 5 II below his b u i 1 din g , The y fee 1 the y are b e i n 9
discriminated against. Someone else 1S be1ng able to get by at less
expense.
Mr. Griffith asked Mr. Wheaton if he felt he was still being
a g a'i n s t?
Mr~ Wheaton said that he wish~d he had never written the letter. He thi
someone made a mistake with the road grader.
sin c e the 1 e tl
one next d001
discriminatJ
Mr~ Wheaton said that the elevation has changed drastically
VI a s vi r i t ten . The e 1 e vat ion i s now 1 8 II ins tea d 0 f 2 4 II . The
is about 2211 or 23".
Mr. Murphy said that the only thing he knew was that every time that
. g r ad erg 0 e s d 0 vi nth ere i t c h a n g e s eve r y bod.v I s g r ad i n gab 0 u t 6 II . W hat y 0 ~
have today can be perfectly legal and tomorrow you can be in the soup. I
The main reason for that 2411 is to conform to the heights of the septic
tanks that the County has required.you to put in. It seems to be runnin1
on an average of 24" to 3011. .
There was a long cisc~ssion about methods of settin9 up floor heights.
The Board talked of s2~ting up a me~ting with the Contractors the City En~ineer an: the
Building Official, requested by Councilman Rotundo. /
Mr. Griffith said the next meeting will be August 21, 1979.
Mr. Cole made a motion to adjourn. Mr. Troutner seconded the motion.
The motion CARRIED 4-0.
Meeting adjourned
Minutes submitted by
r~ a n c y B 1 a z i
oP ARTMENT OF BUILDINQ
CITY OF EDGEWATER
BUILDING PERMIT
Permit No.
Date
OWNER
LOCATION
, .
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":'" t .~ .:~ ~... ~ ': '.;: . '::' -. [, ~'
TEL. NO.
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CONTRACTOR F ~ ~ 1,1, ' I~" r~', "11
ADDRESS
, , ADDRESS
L1C. NO:"' P , I '.: .., ~ ~ ,.
ARCHITECT
L1C. NO.
Sw. Pool
Signs
Sq. Ftg.
Garage
Culvert
t;,c~
New
Alter.
Stories
" " - l' 1 C Other
Patio
Parcel No.
L ID . t' 1""1:> :"i->"r'-~
ega escnp Ion ,'.- "., - 0'
,.
.
Addition
OP.molish
Sprinkler
STP Pipes
Carport
rl'7"'~ ::r;:rl
Repair Walls
Move Fences
Well Water Supply
Pub, Water Supply
Screen Porch
TYPE
AND.
CLASS
OF
WORK
Type Use
Zoning CI.
Bldg. Hgt.
Type Sewage
Mobile Home
.A.
>-,
.
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,; n i to ~.
VALUATION ?!: ':':-'- ,. ". Fee j 1 l~ . ?'~
_____J____________________________________________
CONTR.
r',. .., ~:'1,'.:, { .... .,
PLUMBING PERMIT
~o, Fixtures
Sewer
Wtr. Pump
Pub. Water
Total Units
" .
Fire Hose Cab.
Sprinkler Hds,
Other
t
Septic Tank No. "
; q .~ ~.. !
", '
Total Units
Plus Basic Fee $1.50
Fee
, .
.
--------------------------------------------------
~ . - .
GONTR, .- .
,. ,~
~ ,
- ,
Service Size
Inc. Service
Min. Fee
Fee Per K.V.A.
Fee Per K.V.A,
Sign
ELECTRICAL PERMIT
Temp. Pole
Other
Fee
f.. ".
- - - - -r c -:::;~ t:.l: -: - - - - - - - - _.- - - - - - - - - - - - - - - - - - - - - - - - - - - - --
CONTA. MECHANICAL PERMIT
Type-Htg.:
Type-Cool:
Min. Fee
i: :~ t;
:<
Incin,
Refg. Unit
Fee
i':-'.C:1
MOBILE HOME PERMIT
Tie-down & Foundation Inspection ..................... $
Plumbing Sewer & Water Connection. . . . . . . . . . . . . . . . . .. $
Electrical Service Connection..... .'..........,......... $
Fee
___________"o.....-____________________________~_________
CONTR.
GAS PERMIT
Type
Size
Lengttl
Fee
------------------.----------------------------~~T~~~~~~~-~;;--------~7G~fj-----
----;------------------------------------------------
PERMIT HOLDER WILL READ AND FOLLOW INSTRUCTIONS ON BACK OF THEIR COPY.
--------------------------------------------------
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~'j~rph.Y
Certificate of Occupancy - No.
Date
Permit Processed By
Name
Address
Zoning Class
Zon'ing Use
, ,
This certificate is issued in accordance with the laws, ordinances, and regulations enforced by the Department of Building
Inspections of Edgewater, Florida.
INSPECTION RECORD
Approved By
...
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r, STAn:; OF FLORIDA Q
DfiPJ'!t-t' El'>7 OF HEALTH AND REHABIUTATIVI: SERVI
~o.1 ortlc. eo. 210 ".ck-.o,\YII~. "Iorld. 3:1201
Application and Permit
of
Individual Sewage Disposal Facilities
Applica!jogfPermit
No. C '1 t!:> c.f '1 J...
i
Section I - Instructions:
1. percolation test data, soil pro-
file and ~ater table elevation
information must be attached.
(Note: Test must be made at
proposed location of system).
2. Existing building and proposed
buildings on.lot must be shown
and drawn to scale at -their
location or proposed location.
(Use block on this sheet or
,.
attach plot plan). .
3. Proposed location of septic tank
must be shown on plan.
4. Any pond or stream areas must be
indicated on the plan.
1/ ! I: ; G ; - t. County Health Department
5. Indicate name and date of plat
of subdivision. If not platted,
attach metes and bounds description.
6. Complete the following infor-
mation section.
Notes:
1. Not valid if sewer is available.
2. Individual well must be 75 feet
from any part of system.
3. Call and give
this office a 24-hour notice
when ready for inspection.
Section II - Information:
1. ProBerty Address (S~reet & House No.) "d
Lot$ Y!J'II"liI31ock I ({'t Subdivision t==I,)r--
Date Platted Directions t6 Job
- .-
2. Owner or Builder -i d..: ~-'j(,~ ~_ \',"'" I: '. -"! ~/I
P.O. Address ~.:>).. 'City r.;....,:'.,P~.-I!/~.
Septic tank system to be installed~y:
. (
(,- 0:) (! l'A/ (\- ;;J bC/"J "'-Scale
(Rear)
********************** DO NOT WRITE BELOW THIS LINE ********************
section III - A lication A roval & Construction Authorization (. /
__ I stallat1.on ,sub] eqlr to fo).lowin9 special conqi tions: C~-,.;),::; C r1-J,,,.( 1 ~,I J,'
0) 34 . Jt)o~{' -r/K'(j('c}clr::: - :5 It<b l.--;l--t , :;" i:!..(...~"'(' fl.c- e.,._'l.....".,.,:.:-...I,Jc.c.
. The above signed appli ation has ~een found to be in compliance
with Chapter 10D-6, Florida Administrative Code, and construction
is he~eQ~ aF~?ved, subject to the above specifiFat~o?s and conditio~s.
By: \J./I(. C,.-.I; County Health Dept. c/./,c,,J'_! Date /,/;1.{",/),
****************************************J**********************************
Section IV - Final Construction Approval
Construction of installation approved:
Date: By:
FHA No. VA No.
***************************************************************************
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3. Specifications:
~ 'i51)gallon tank with
''1. t. square feet of
draiA ield with at least
4" inside diameter pipe.
4. House to be constructed:
Check one: FHA
'TA V" Conventional
This. is to certify that the
project described in this
application, and as detailed
by the plans and specifica-
tions and attachments will be
constructed in accordance with
state requiremen~s.
Applicant: Fr [1 ;.1 f!. 15...c.-.r lA.A :VV'\
Ple~se pint
if'. :t
Signa ture: '"d!,,(/f.. ':. .' t/')"- (' 1__..__
SAN 428
r::v. 3/75
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P;',r Irr,.
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1" = 50'
....
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(Namr of/streep/orf ~I ate ~o._a,p) 6
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Yes
No
PERM\1 Vt,L1D (IN:: '.'[ ;'.\;
mOM 8t1.IL Or IS':"L
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lHldg. Penni t}
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APPLICATION
for
BUILDING PERMIT IN EIXIDiATER, FLORIDA.
I
IMPORTANT: Submit Plan including (1) Floor Plan, (2) Foundation, (3) Wall
Section, (4) Elevation, (5) Plot Plan
1.
Owner's
Name:.,.! losPI c.. <rf
I
2.
3.
4.
5.
6.
Legal DPf~i~fZ
Lot , HloCK , Map Book No. , Page No. las recorQed
in Office of.Clerk of Circuit Court. If not available, produce certified
survey of parcel by a registered engineer.
Parcel No. (Found on your current tax receipt,
or secure from Tax AssessorTs-Office). Parcel Width x Depth.
7.
will owner occupy building:
Yes
/' No
8. List area totals. Living Area sq. ft., Garage sq. ft.,
Carport sq. ft., Screened Porch , Accessory Bldg.
g. Septic Tank No. 13- '1. f(- Ifq L
10. Check One: Public water(v1
Central Water( )
Private Well ( )
lI.Zonings R- ,3 MH-
B-
1-
Zoning approved
Use of Structure:
Other
,~oning Clerk or Inspector
Residential vr, Apartment , Motel
No. of Units .
,
12. Check Equipment: Heating: Oil( ~, Gas( ), Elec. (~
K~ tchen Range: Gas ( ), Elec. ( L/'f, Wa ter Heater: Gas ( ), Elec. (,......,
Air Conditioning: Yes(~, No( ), Washing Machine: ~
Dryer: V , Dishwasher: ~ , Ex. Fan: ~, Range Hood: ~
13. ~ Floor Const.: Concrete .~ , Wood , Terrazzo
14. No. of Bathrooms in Residence:
, Paint ~Paneled ~.
Showers I , Lavatories ~,
~
Tile Floor ~Tile Wainscoat
, Wallpaper ~ No. of bathtubs , ,
Wa ter Closets '":2.
~Stucco ~Wood
, Alum. Siding , Stone
, Brick
,
15. ~ of Exterior Walls: Block
Brick Veneer , Shingles
Metal__, Composition
,
, Drywall
~ Paneling
,
16. Typ~ of Interior Walls:
Uilf"i" n1Sh ed .
Lath & Plaster
l7.-T~ and Kind of Roof: Common Roof Const. , Trusses ~ Gable
-FIat , Sh~a- , Hip , Metal , T~le , Tar & Gravel
~hingles ~, Asbestos , Roll , Composition
J,/'" ,
,
APPLICANT Must Sign Here
(and state whether Owner,
Agent, or Contractor).
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