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08-30-1984 - Public Hearing ~ '-J 0 CITY OF EDGEWATER Citizen Code Enforcement Board August 30, 1984 Minutes Mr. Rotundo, Vice Chairman, called the public hearing to order at 7:00 p.m. in the Community Center. ROLL CALL Members present: Messrs. Williams, Richardson, Turano and Rotundo. Excused: Mrs. Kane, Messrs. Prater and Rosa. Also present: Mr. David Jones, Code Inspector, and Mrs. Taylor, Secretary. Also present: One member of the press. PUBLIC HEARING 84-CC-6 - Patricia Williams, 157 Wildwood Avenue - untagged vehicles An Affidavit of Compliance signed by David K. Jones, Code Inspector, indica- ted that corrective action was taken by the respondent, Ms. Patricia Williams. Reinspection was conducted on August 30. This Affidavit was reviewed by the Board members. 84-CC-8 - David W. McCallister, 2020 S. Ridgewood Avenue, storage of pipe in an R-4 zone Mr. David McCallister was present and the Chairman administered the oath. Mr. McCallister stated that he lives at 2010 South Ridgewood Avenue, and he is before the Board because he was commanded to come, not asked. Mr. Richardson questioned Mr. McCallister about his plans to move the pipe or if he planned to use it soon. Mr. McCallister explained the background of the property, noting that he is not the real owner of the property. It is owned by Richard Hanson and David McCallister. He objected to being called to a hearing without his accuser being present. His involvement with the property began back in 1948; he planted orange groves on it, but when the Florida Shores Subdivision came in their canals for drainage lowered the water table and the trees died. The property changed from agriculture use in that they began taking the topsoil off and selling it. The pipe was a part of the jobs they did and it has been there from about 1950 on. He explained that he has cooperated when asked by the Building Official to move the trailer, understanding that it might be considered an eyesore. Mr. McCallister feels that he is within his legal rights to use the property as he has been using it for the past 35 years. Mr. McCallister stated also that he does not believe anyone should go onto his property without first asking his permission to do so. Mr. Rotundo asked if there was any way the situation could be corrected. Mr. Williams asked the secretary to read Section 714.00, which states that no lot zoned for residential purposes shall be used for storage of building materials. He explained that the Board is a non-biased board and they go strictly by the Code. When a case comes before the Board it is their job to solve the problem and enforce the Code. Mr. McCallister reiterated that he has not changed the zoning - the public has changed it three times. Mr. Williams said that the only way to change the Code if you are unhappy with it is to go to the City Council. Mr. McCallister said that a lot of the pipe has been sold in the past week, and maybe the pipe the man was complaining about is not there now, but he is opposed to the whole idea. He objected to being asked to move the pipe completely off of the property. Otherwise, he is willing to do what he can to resolve the problem. o o Mr. Jones said that there are more than just a few plpes and they are about 15 to 20 feet from the residences there. Mr. Rotundo again asked if there was any way Mr. McCallister could resolve this problem. Mr. McCallister said that if he was allowed to move them around on his property, he would do that, but he feels he has most of them sold. He will not replace them. Mr. Turano asked if it would be possible for him to move the pipe on the property to satisfy the people who are complaining. Mr. Jones said he felt that could be done. If he moved it back it would not be an eyesore. He recommended it be moved back 100 feet. Mr. Williams pointed out that the Code says, no storage. The property is zoned R-4. Mr. Williams felt they should get an opinion from the City Attorney. Mr. McCallister said that he is willing to cooperate, but he feels that if you have a continued use for as long as he has, you cannot shut him down. He agrees to move the pipe out as he sells it, but he doesn't want to move it off the property. That is his business, and he feels that he has been grandfathered in. 84-CC-9 - Steve Campbell, 206 So. Ridgewood Avenue, weeds and grass are too high. An Affidavit of Compliance stating that upon reinspection by Mr. Jones this date the corrective action was taken, was inspected by the Board members. 84-CC-10 - Robert Wilson, Fat Bob's Restaurant, 1708 South Ridgewood Avenue - landscaping requirements have not been complied with. Mr. Jones advised the members that Mr. Wilson is present, and mentioned that he went to look at the property this date and that Mr. Wilson has done a beautiful job. The Affidavit of Compliance signed by Mr. Jones was reviewed by the Board members. The public hearing was closed and the Chairman called the regular meeting to order. ROLL CALL Members present: Messrs. Williams, Richardson, Turano and Rotundo. Excused: Mrs. Kane, Messrs. Prater and Rosa. Also present: Mr. David Jones and Mrs. Joan Taylor. APPROVAL OF MINUTES Mr. Williams motioned that minutes of the July 26, 1984 meeting be approved. The motion was seconded by Mr. Richardson and CARRIED 4-0. OLD BUSINESS The secretary read the City Clerk's letter of July 31 which referred the board members to Florida State Statutes, Chapter 162, Cancellation of Meetings; Mrs. Kinsey suggested that this be made a part of the Rules and Regulations of the Board. NEW BUSINESS 84-CC-8 - David W. McCallister, 2020 S. Ridgewood Avenue, storage of pipes in a residential area. Mr. Williams said in his opinion both Hansen and McCallister should be addressed on this matter, if it is owned by the corporation. Mr. Rotundo said that David McCallister is the President of the company and would act as spokesman. Mr. Williams said that he felt the City Attorney should attend these meetings. He didn't feel moving the pipe back would solve the problem. He would still be in violation of the Code. The secretary read part of section 400.02 which pertains to nonconforming uses. The grandfather law was discussed. Citizen Code Enforcement Board August 30, 1984 - 2 - i' o '-I Mr. Williams motioned that the City Attorney be contacted, and that he and the Code Inspector go to the subjedt property and then give his opinion on what is right or wrong. Mr. Richardson seconded the motion. The motion CARRIED 4-0. It was agreed continue the hearing until the next meeting. The City Attorney should be asked if Mr. McCallister needs to come to the next meeting. Mr. Richardson motioned that Case 84-CC-8 be continued as a public hearing to the next regular meeting of the Board. The motion was seconded by Mr. Williams and CARRIED 4-0. Mr. Williams motioned to close cases 84-CC-6, 84-CC-9 and 84-CC-IO and to send the respondents a copy of the In-Compliance form. The motion was seconded by Mr. Richardson and CARRIED 4-0. COMMUNICATIONS The letter from Dennis Fischer, Building Official, dated July 31, introducing David Jones, Code Inspector, was read to the members by the secretary. The letter from the City Clerk concerning a Conflict of Interest dated August 9, was discussed. This letter provided the members with a copy of the recently passed House Bill No. 10. MISCELLANEOUS Mr. Williams said that in cases such as the McCallister case, that the City Attorney should be asked to be present at the hearing. He recommended also that the City Attorney be given a copy of the agenda, and be asked to attend the meeting if it appears that the case involves legal questions. Mr. Richardson motioned that the meeting be adjourned. The meeting was adjourned at 7:55 p.m. Minutes submitted by Joan Taylor Citizen Code Enforcement Board August 30, 1984 - 3 -