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05-07-1996 CITY OF EDGEWATER CONSTRUCTION REGULATION BOARD PUBLIC HEARING COMMUNITY CENTER TUESDAY, MAY 07, 1996 7:00 P.M. COMMUNITY CENTER AGENDA 102 N. RIVERSIDE DRIVE CALL TO ORDER ROLL CALL PUBLIC HEARING 1) Appeal by Edwin A. Baetzman, 206 S. Ridgewood Avenue, of Unsafe Building or Structure determination, Section 901(J) of the Land Development Code of the City of Edgewater, and the Standard Unsafe Building Abatement Code, 1985 Edition. ADJOURN Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to insure that a verbatim record of the proceedings is made. :tle h:\tonya\crb\agenda\0507.96 Nowle woe CONSTRUCTION REGULATION BOARD HEARING REQUEST Name: Edwin A. Baetzman Date : March 11 , 1996 Please attach additional pages if unable to complete statements on form supplied Location of property by street address or legal description: 206 S . Ridgewood Ave . Edgewater , Florida Specific section or order being appealed: Certified letter dated February 8 , 1996 from Robert A. Dunn Building Official regarding existing structure . Statement identifying the legal interest of each appellant: 100% ownership by Edwin A. Baetzman. Statement detailing the issues on which the appellant desires to be heard: The structure a ) is secured, b) is unoccupied , c ) is not connected to electric and d ) is not connected to water or sewer . Because of the above, I request the building remain until I can find a tenant for the property and then bring it to code . Legal signature of all appellants : Edwin A. Baetzman 01-{—'k� 1– 3(1.3C'2 Official mailing address: 202 Flagler Ave. New Smyrna Beach, FL 32169 Fee's : Appellant is required to pay any applicable advertising costs . Prior to advertizement being published, appellant will be notified of cost and all fee 's shall be paid before the advertizement is published. City of Edgewater Department of Community Development, Building Division P 0 Box 100, Edgewater, FL 32132-0100 (904)424-2411 h:\tonya\crb\hearing ,:)°E-w4 ,;, , lie °, THE F CITY OF EDGE WATER a . 4; POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100 S. • '''6.,'''6., G. 4 �,yY February 08, 1996 Certified Mail No. : P 578 925 703 Edwin A. Baetzman 202 Flagler Avenue New Smyrna Beach, FL 32169 Subject: 206 S. Ridgewood Avenue, Edgewater FL, Parcel No. : 7452- 01-00-0310, Legal: Lot 31 exc E 15. 3 ft on N/L & 17 . 3 ft on S/L & exc W 115 ft of N 65 ft & exc W 115 ft on S 70 ft Alvarez Grant Dear Mr. Baetzman: The building or structure located at the above mentioned address has been declared unsafe by the Building Official in accordance with Section 901 (J) of the Land Development Code of the City of Edgewater, and the Standard Unsafe Building Abatement Code, 1985 Edition. See attached inspection report. You are hereby notified that the building or structure must be repaired or demolished within sixty (60) days. Applicable building, electrical, mechanical, plumbing and/or demolition permits must be obtained from this office prior to the starting of any repairs or demolition of the building or structure. In the interest of the health, safety, and general welfare of the residents of the community, the building or structure must be adequately secured to prevent the entrance of unauthorized persons. The premises must be properly maintained to prevent the overgrowth of weeds and accumulation of trash and debris. These actions must be accomplished within twenty (20) days from the date of this notice. You may appeal this notice within thirty (30) days of the date written above by filing a written request with the secretary of the Construction Regulation Board. Such request shall state the location of the property by street address or legal description; the specific section or order being appealed; a statement identifying the legal interest of each appellant; a statement detailing the issues on which the appellant desires to be heard, and the legal signature(s) of all appellants and their official mailing addresses. COMMUNITY DEVELOPMENT-139 EAST PARK AVENUE (904)424-2412 FAX-(904)424-2423 SUMCOM-383-2412 BUILDING DIVISION-(904)424-2411 CODE ENFORCEMENT-(904)424-2414 S4I ETY DIVISION-(904)424-2414 "oorie Norio • Edwin A. Baetzman February 07 , 1996 Page -02- Failure to respond or commence work within thirty ( 30 ) days may result in the City of Edgewater taking action to repair the building or structure to the extent required to render it safe or the City may demolish the building or structure. The cost of repair or demolition shall constitute a lien on the property and shall be collected in a manner provided by law. Sincer ly, i;;;? obert A. Dunn, Building Official Department of Community Development Building Division RAD\tle CC: Mark P. Raret, Director of Community Development Krista Storey, City Attorney h:\tonya\bob\baetzman/ltr t INSPECTION REPORT 206 S. RIDGEWOOD AVENUE EDGEWATER, FL 32132 The following is a detailed report documenting the conditions we have found at 206 S . Ridgewood Avenue, Edgewater, FL: 1 ) The structure has been damaged to the extent that the structural integrity of the building or structure is less than it was prior to the damage and is less than the minimum requirement established by the 1994 Standard Building Code Chapter 16 for new buildings. 2 ) The exterior appendage of the structure is not securely fastened, attached or anchored such that it is capable of resisting wind or similar loads as required by the 1994 Standard Building Code Chapter 16 for new buildings. 3) 1994 Standard Building Code Section 103.5 Unsafe Building or Systems - All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the Standard Unsafe Building Abatement Code. 4 ) The building, structure or portion thereof as a result of decay, deterioration or dilapidation is likely to fully or partially collapse. 5) The structure is in such a condition that it constitutes a public nuisance. h:\tonya\bob\206ridge.ins i4'p� SHE CITY OF 14,D WA TER rr uy:,,, POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100 Y Mayor Ja� . ayman City Manager George E. McMahon District 1 Councilman Danny K. Hatfield City Attorney Krista A. Storey District 2 Councilwoman Louise A. Martin City CIerk Susan J. Wadsworth District 3 Councilman Michael D. Hays District 4 Councilman David L. Mitchum Via Certified Mail April 15 , 1996 Edwin A. Baetzman 202 Flagler Avenue New Smyrna Beach, FL 32169 Re: Unsafe Building/Structure 206 S. Ridgewood Avenue Dear Mr. Baetzman: Notice is hereby given that the Construction Regulation Board of the City of Edgewater, Florida, will hold a public hearing on Tuesday, May 7 , 1996, at 7 :00 p.m. or as soon thereafter as the matter may be heard, in the Community Center, 102 N. Riverside Drive, Edgewater, to consider your appeal of the decision of the Building Official determining the building or structure located at 206 S. Ridgewood Avenue, Edgewater, Florida, to be unsafe in accordance with Section 901 (J) of the Land Development Code of the City of Edgewater, Florida, and the Standard Unsafe Building Abatement Code, 1985 Edition. You may choose to be represented by counsel at this hearing. You may present relevant evidence and will be given an opportunity to cross-examine all witnesses. You may request the issuance of subpoenas to compel witnesses to appear and/or for the production of other supporting data or documentation by filing a written request with the secretary of the Construction Regulation Board. Such requests shall be filed in sufficient time to allow reasonable notice of the hearing to a witness or for production of documents . If any person decides to appeal any decision made by the Construction Regulation Board with respect to any matter considered at such hearing, a record of the proceedings may be needed, and in that event, such 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 based. Sincerely, , k,,,./k__ A- ,14-0A-e-,81 Krista A. Storey City Attorney Copy to: Director of Community Development Building Official CITY ATTORNEY (904)424-2403 104 NORTH RIVERSIDE DRIVE FAX (904)424-2415 or 424-2409 SUNCOX 383-2403 ♦e-Me-1 t REPORT ON INSPECTION OF STRUCTURE LOCATED AT 206 S. RIDGEWOOD AVE. EDGEWATER, FLORIDA PREPARED FOR CITY OF EDGEWATER, FLORIDA PO BOX 100 EDGEWATER, FL 32132 PREPARED BY JOE D. MARTIN, P.E. EAST VOLUSIA ENGINEERING, INC. 435-B1 Air Park Road Edgewater,Florida 32132 FAX(904)423-7324 (904)423-8988 1 MAY, 1996 • f NOW' 4100° East Volusia Engineering, Inc. 435-B1 Air Park Road Edgewater, Florida 32132 FAX(904)423-7324 (904)423-8988 1 May, 1996 Mr. Mark Karet, Director Department of Community Development City of Edgewater PO Box 100 Edgewater, FL 32132 Dear Mr. Karet: This letter transmits my report on the structural inspection of the building located at 206 South Ridgewood Avenue, Edgewater, Florida. The inspection was performed on 23 April in the presence of the owner, Mr. Alec Baetzman, and Mr. Robert Dunn, Chief Building Official, City of Edgewater. Since there was no electrical power available at the site, the interior of the building was inspected using flashlight as a source of illumination. The exterior of the building was photographed in key areas and the photographs are an integral part of the report. If I may be of further assistance, please call. Sincerely, 1 Joe D. Martin, P.E. Florida Registration 14527 cc: Mr. Robert Dunn, Chief Building Official, City of Edgewater NNW 'rri t LIST OF PHOTOGRAPHS Photo 1 North wall at northeast corner of building. Approximately 1/2" crack through wall extending to ground. Reinforcing steel in lintel at window stops at crack. There is no evidence of a bond beam above this level. This crack is located 12'-8" from the front wall. Photo 2 South wall at southeast corner of building. Approximately 1/2" crack through wall extending to ground. There is no evidence of a bond beam above this level. The wall has displaced outward approximately 1/8 " at the base course. This crack is located 15'-4" from the front wall. Photo 3 Front wall/parapet wall at northeast corner of building. Masonry is not constructed in running bond and there is no evidence of bond beams connecting the walls at this corner. Photo 4 Front wall/parapet wall near southeast corner of wall. Stairstep cracking pattern in front wall. Photo 5 Archway in front wall at southeast corner of building. A cedar tree has pushed the stack bond column northward approximately 1/2" below the mortar joint at course 4 and 5. Photo 6 South wall at southwest corner of building. Wall at bathroom (plywood area) has settled approximately 3/4" and shifted outward approximately 1/2". This wall appears to have been constructed on a 4" slab (sidewalk?) rather than a footer. See photo 7. Photo 7 West wall at southwest corner of building. See photo 6. /_ -... r r`."� i try �� y ' b f . 11::::...,:. , i'de: k , �' ti , t !F , ? . '' 1f. 1 Xn ( j . ' µ 1 l ':.. :, Z t ' i z 4 % K Y.. .. ,��`, ,, i f•; ' 1 • y , 0 - I ..... % •••.,. ' • ''' .' .14 ',..• ..4-., ' ... . •':*/ .. 'h, ' ' . A ' / , .•t .:. '- "I'' ' • • +. . . . • •, . . •(.., , 4- •r--, ,.........,,,41 , , , .. , ' 4 r•4•• .' • . '" .4. 4. ... . -xo id/ *lc , • Or' 4i. . • '... ,,, ..-/ \:'.......''' ,. . . „r i':44 . ' y .S_ (,-., '• , , ... ^ • ' .'", ' I- • - -^, - ., .! '? r ' , ( . '.1 *I II .• Is, . . • ,.. ' ■ o • - I • illik 4f , ' ; , 4 •..„. • , . ...-, . .. :-. 1 . ,„ , - ':',$› ., ^ •,'fi V, . . . , ,-;•• ,.,r'. ii,,,,..; .. . I 107-,,.. . 4 • 'lk,,,` -,'' ' - . . , . .. •- !-'fri '. 1 • . .; '.. ..,." .. ^' ... . .,,.; 74. , ., • . - . . 4:-• - . 3 k.i...i,'4°,',,';v, ..........".; t,,,. ... . I 4 •' ' ‘ % li-, ' .4. 1' i.' ••" 7 -.I ' ' . ".• :J I' lf7 ,•. 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' •' •- . ti.‘‘..61„ ......"‹ V ... ..+ •; :4,I , • . -.:',1#1? ' / "?:-. f•.7 "'''''. •'.••tei;te,:tr. t■t _•■•••01111'7:-:---4.- i.•.' • , i to . ' •, ,t .,,- I fir A.,,,. .' , iiir , , 'I - '.• 4 !i•-'-' , ,. - .. ,. .. , I 4 .2.„rafts V . .. - i'''.!-.;,f-112. ,•,-,.—1 i - .076,0- ;TP #' •r, — , .. 74' 2 4' t. . • •• it.n47 t,. • P.,%; .....„..„... '• • al,P .• ...... , . . _,,,,,,...,„......„.,,•. ..„..,....._ ,. •.. .., .....:k..._. _ • • ..,., • • , 1 1 J • -1 ' _I, ^^1 ... . • ... . - - I.- ,.....- i'..". ', " ‘1„.„ - ' ''''''' • 444"Nod soldwishogra— astallalla 1,-, -), . k 1....;40.0,L . .. ' . _:v.., .1.4..1747 4 .i 1 ''''. '- ' ' rtiOr'...la■lr'''' ' , - ''• -''' -- • - -.• .'-'4W:1■ •''-- . , ' • ' 1. , • , . . -...;; ''•-:7`;.'4 4 ' - ..- :;.■,,I. . ,, ' ' ' - ::-•,', 4-U6' 0",',1-!;',.-. ...` -.. r•i ' '-"' Alt"'''4' : 1.-..'.. ..... „.• ...- a'..,-....• •,,,.., 1-'-,1,F;',-^:- - -•-;___.....'• ' .411111A.; . ---!...t.7-..,,. - -.4,:---.'• '.3•-*:..----- , ..-,, ,A .,:.Z.t. . ,,. , ,. . • .::,-. ,'... .,....*. ;\ . . .,.. ....__... '_ . •-• .. „ -.... . . - - .--k' ' , ' • -' ' - ----- ''. -...r 1411:-,4e,., ..,..,1-..,:. , ... . ., . ,.. . . ,.....,. .., .., .., � r *Of OBSERVATIONS Truss numbers 1, 2, and 3 (number 1 closest to the front wall) have fractures in the northern half of the lower chord. These fractures extend through approximately the lower 1/3 of the chord. A similar fracture exists in the southern half of truss number 6. Truss number 7 was not inspected. All seven photos (see list of photographs) show evidence of deterioration of the masonry wall structure. Photos 1 through 5 indicate that the portion of the building extending from the crack in the side walls (photos 1 and 2)to the front wall at Ridgewood (photos 3, 4, and 5) has rotated about a point near ground level at the location of the crack. The magnitude of the cracks shown in photos 1 and 2 indicate that: (a) there is no continuous horizontal reinforcing above the wall openings, or(b) the reinforcing has fractured. Probing the crack at the lintel level in photo 1 disclosed the end of a horizontal reinforcing bar extending from the lintel. The shape of the end of this reinforcement indicated it was a manufactured end, as opposed to an end produced by a fracture of the reinforcement. There is evidence of stormwater undermining the sidewalk adjacent to the cracked wall of photo 2. This could help explain the reason for the differential settlement in this area of the building, i.e. locally high water table in conjunction with vibration from vehicular traffic may be causing a pumping action on the soil under the footer. Photo 3 illustrates the corner is not restrained by running bond, however some restraint has been provided by a wall-tie placed in the horizontal mortar joint at the base of the lintel level. Photo 4 shows a stair-step crack extending from lower left to upper right. The majority of the vertical joints between blocks located above lintel level in the area to the right (not shown) are also cracked. While these type cracks are not uncommon in concrete masonry walls, they are indicative of relative displacement in the structure caused by shrinkage, settlement, or temperature changes. In photo 5, the masonry units below course 5 have been pushed aside by the growth of a cedar tree. This column supports an archway that is an integral part of the front wall. It is my opinion that this column could fail at any time under windy conditions. Even moderate winds causing motion of the cedar tree are daily increasing the likelyhood of collapse. Photos 6 and 7 show settlement and displacement of masonry wall that apparently was not part of the original construction. This wall was constructed over a 4" concrete slab(sidewalk?) and there are no shear ties connecting this addition to the original masonry. Stormwater runoff ponds against the wall and may have contributed to the deterioration. CONCLUSION The addition to the building shown in photos 6 and 7 was not constructed on a proper foundation. Atlthough the west wall segment of this addition does not show the distress of the intersecting walls segments, it may be damaged when these segments ultimately collapse. Continuous horizontal reinforcing steel at levels above the wall openings in the original primary masonry structure does not exist, or else the reinforcing steel has fractured. It appears that the only restraint against rotation of the wall is provided by shear diaphragm action of the roof structure acting as a drag strut. However, given the deteriorating condition of the roof structure at the eaves, and the cracks noted in the lower chord members of the roof trusses, it is only a matter of time before this restraint, if any, becomes ineffective. • • • s *we • It is my opionion that the masonry wall segments to the front of the cracks will continue to rotate until failure occurs. The rate of rotation is indeterminate, but may be accelerated by the combination of stormwater runoff under the sidewalk at the south wall and vibration from vehicular traffic on Ridgewood. It is also possible that collapse will be triggered by action of the cedar tree on the archway column. Given the apparent lack of effective steel reinforcement, when collapse does occur, it will be sudden and without warning. This is true whether triggered by continued rotation of the wall or by collapse of the archway column. RECOMMENDATIONS 1. Repair the roof truss lower chords and any deteriorating roof structure. 2. Remove the addition at the rear of the building and replace with properly constructed wall and foundation. 3. Remove approximately 15' of the front section of the building walls, including the front wall and archway, and replace with a properly constructed wall supported on a new or repaired foundation. 4. Provide stormwater runoff control to direct runoff away from building. 5. Provide a protective barricade around the front portion of the building until it is repaired or demolished. The barricade should be constructed in a manner to prevent debris from rolling onto Ridgewood Avenue. Jan Paul, A WOMAN-OWNED COMPANY Robert R.Bullard,P.E. President Contract Engineer ABSOLUTE ENGINEERING, INC. CONSULTING ENGINEERS 218 SOUTH BEACH STREET DAYTONA BEACH,FL 32114-4404 Telephone(904) 255-9400 Mr'. Alex Baetzman May 18 , 1994 Peninsula Land Realty 202 Flagler Avenue New Smyrna Beach, FL 32169 Re: 206 South Ridgewood Ave. , Edgewater; Pyevac-Lumbert/Lasalandra Parcel Dear Alex: Today, I inspected the referenced premises in the company of Messrs. Mark Karet and Robert Dunn, Director of Community Development and Chief Building Official , respectively, for the City of Edgewater. In my professional opinion, the existing derelict structure can be structurally rehabilitated for less than fifty per cent of the cost of a replacement structure of the same building materials and dimensions . Some of the measures which would be employed to this end are: 1 . Installation of external pilasters on each corner of the four primary corners. (The semi-porch addition on the rear or west side is probably not as salvagable as the primary structure. ) The pilasters would be doweled into the adjacent existing masonry and placed on footing extensions doweled into the existing building footing. The tops of the pilasters would be connected by an eight inch deep tie-beam scabbed on the existing tie-beam with dowels . Wall cracks would be seal grouted with non-shrink adhesive grout. 2 . The interior site-built wooden dimensioned lumber roof trusses appear to be intact, albeit significantly deflecting. The integrity of the roof trusses would be assured by jacking them to a positive camber, center-shored and stiffened with the addition of webbing, and , perhaps, chord members. Simpson steel tie-down straps would be placed at the ends of the trusses, both on the existing masonry and on the new tie beam. Furring elements (probably 2 X 4's) would be strategically located and affixed to the interior of the wall to properly anchor masonry units which have loosened or have been used to fill window openings. 3 . Without performing calculations and a more detailed inspection of the interior wall surfaces, I am unable to offer an opinion as to the suitability of the more heavily wind-shear-loaded walls (front and rear) to resist such loads. I do know, however, that by a combination of steel strapping and furring members, it would be possible to bolster these walls sufficiently to resist a 100-mph wind loading. continued. . . Page 1 of 3 DESIGN AND PROJECT OFFICES: 140 SO. GRANDVIEW, DAYTONA BEACH , FL 32118 PRIORITY TELEPHONE NUMBERS: 904/254-2909; 255-9419 (FAX & MODEM) • r ,✓ Jan Paul, A WOMAOW N- NED COMPANY Robert R.Bullard,P.E. President Contract Engineer ABSOLUTE ENGINEERING, INC. CONSULTING ENGINEERS 218 SOUTH BEACH STREET DAYTONA BEACH,FL 32114-4404 Telephone(904)255-9400 Mr. Alex Baetzman May 18 , 1994 206 South Ridgewood Ave. , Edgewater Page 2 of 3 4. The east wall and portions of the adjoining side walls have settled, causing the side walls to crack from the top down about ten feet from the east wall in a fashion which indicates that the tie-beam is probably devoid of steel reinforcing . Because the structure is at least twenty years old and contiguous to a major roadway and a sewer, causing, respectively, vibratory settlement and a loss of soil buoyancy due to the water table being depressed by infiltration to the sewer, any settlement which is likely to have occurred has probably already occurred for a given regime of superimposed loading ( in this case a single story masonry structure) . The additional loading proposed by the improvements described above are a small percentage of the present superimposed loading and should not be the cause of further settling. The structural consequences any further modest settlement should be quite subdued as a result of the structural bolstering as described herein. 5 . Any structure restored as described above would comply with the various loading (Dead, Live and 100-mph-Wind Load) requirements of the SBCCI . With respect to the comments in Mr. Mark Karet's letter of April 15 , 1994, I offer the following general responses: 6 . 1 . In its present condition the ability of the structure to resist "wind , seismic or similar loads as required by the Standard Building Code" (SBCCI ) is very much in question. The remediations recommended in 1 . through 5 . are long overdue. The building in its present form is not suited for occupancy and would very likely be a source of wind-blown debris during a major wind storm. 6 . 2 . The potential for "full or partial collapse" of the building in its present condition is very real . 6 . 3. Because of its condition, there is no doubt the building is in "violation of a specific requirement of the Standard Codes of the City. " 6 .4. I agree -- "The building is in such a condition as to constitute a public nuisance. " There was evidence of use of the premises for impromptu lodging. 6 . 5 . I agree -- "The building. . . is unsafe, unsanitary, etc . " continued . . . I,' L.. , `ry A WOMAN-OWNED COMPANY. Jan Paul, Robert R.Bullard,P.E. President Contract Engineer ABSOLUTE ENGINEERING, INC. CONSULTING ENGINEERS 218 SOUTH BEACH STREET DAYTONA BEACH,FL 32114-4404 Telephone(904) 255-9400 Mr. Alex Baetzman May 18 , 1994 206 South Ridgewood Ave. , Edgewater Page 3 of 3 Even though the structure, as I have pointed out, may be rehabilitated to meet current Building Code requirements, Messrs. Karet, Dunn and I were of the opinion that the main reason for a prospective user to wish to undertake such an enterprise would be to preserve a "grandfathering" status for the present set-back from U. S. 1 instead of having to conform to the forty foot set-back as would apply to a new building. In my opinion the prospective user and the City should have some room to negotiate their respective positions on this. Quite obviously, there are reasons that a user may wish to have his building closer than the forty-foot set back would permit. Some of these reasons may derive form other statutory development limitations , which in the grand scheme of things , may be of less significance in the City's ( public interest) realm than the forty foot set-back. I can not believe that the City would be so inflexible as to force a prospective user to bend over backwards to make an otherwise marginal structure work in the user' s business plan solely as a means of preserving the benefits of a relaxed set-back. On the other hand, if such is what the user must do to achieve his business goals, the building can be made usable as I have described above. I hope that I have been helpful in this matter and may continue to be so. Respectfully, / S #iuL1 Robert R. Bullard, P. E. Contract Engineer LASALAN1 Iwo low March 7, 1996 Robert A. Dunn, Building Official Dept. of Community Development Building Division City of Edgewater P.O. Box 100 Edgewater. FL 32132-0100 Subject : 206 S . Ridgewood Avenue, Edgewater FL, Parcel No. 7452-01-00-0130, Legal : Lot 31 exc E 15 . 3 ft on N/L & 17 . 3 ft on S/L & exc W 115 ft Of N 65 ft & exc W 115 ft on S 70 ft Alvarez Grant Dear Mr. Dunn: My interest in the above mentioned property is as an owner. Currently I am in search of an occupant or user of the property. The pro- perty is actively for sale or lease. At the time of sale or lease, the existing structure would be brought up to code or removed, depending on the new desired use . I have met city requirements for site clean-up and securing of the struc- ture. I do not feel I should be required to bring the structure to code until time of occupancy. I understand it should kept secure. It would be a hardship to invest additional monies until a tenant or user is found. A new owner may decide to remove the structure. There is value in the existing structure remaining. Until that decision is made, as to credit for different impact fees etc. , I want the structure to remain. Again, I have and will continue to comply with the city of Edgewater for grounds upkeep and securing the structure. I do request the structure remain in a secured manner until a "user" is secured for the structure. I have attached a letter dtd May 18, 1994 by Absolute Engineering, Inc. Consulting Engineers regarding subject structure. Thereby, I request your letter dtd February 8 , 1996 be satisfied until a new occupant is secured for the structure or site. Sincerely, EDWIN A. BAETZMAN 202 Flagler Ave. New Smyrna Beach, FL 32169 904-427-6799 enclosure cc: Edgewater City Atty. , Edgewater Mayor, Mark Hall , Atty. EAB/ld *tow law SUGGESTED CRB PROCEDURES FOR APPEAL OF UNSAFE BUILDING DETERMINATION Generally 1. Before making factual statements or factual representations, each speaker shall take the following oath or affirmation to be administered by the Secretary: Do you swear or affirm that the factual statements and representations which you are about to give to this Board are the truth, the full truth, and nothing but the truth? 2 . Speakers addressing the Board, including Staff, should identify any educational, occupational and other experience which they possess which would be relevant to the matter under consideration. 3. After completion of a presentation by any speaker, the Board, Staff, or any party shall have the opportunity to ask questions or seek clarification from the speaker. Such requests shall be made through the Chairman. 4 . Any documentation presented to the Board shall be offered into the record by submitting a copy of the document to the Secretary who shall keep the documents as part of the record of the proceeding. The Staff report with all attachments shall be deemed part of the record as well as copies of all notices. 5. The Board's decision must be based on competent substantial evidence defined as evidence a reasonable mind would accept to support a conclusion. This includes the testimony of qualified witnesses as opposed to the opinions and objections of interested parties. In determining what constitutes competent substantial evidence, the Board must determine the facts and not merely poll interested parties. Accordingly, general public commentary and the presentation of petitions would not give sufficient basis for a decision. Procedures 1. Public hearing opened after announcement of issue before the Board. 2 . Staff shall make the initial presentation regarding the item under consideration. After completion of the presentation, the Board may ask Staff questions. Then, any party may ask questions or seek clarification from Staff through a request to the Chairman. 3. The property owner shall next be allowed the opportunity to make a presentation to the Board. After completion of the presentation, the Board may make ask the property owner questions. Then, Staff may ask questions or seek clarification from the property owner through a request to the Chairman. 4 . Staff shall be allowed an opportunity for response to the presentation by the property owner. 5. The property owner shall be given a final opportunity to rebut comments made by Staff. 6. Public hearing closed. 7 . The Board shall have a final opportunity to comment or ask questions of Staff or the property owner. 8. The Board decision shall follow. KAS 5/7/96 �rA MOTION REGARDING APPEAL OF UNSAFE BUILDING DETERMINATION After hearing the testimony presented, I hereby move in reference to the appeal by Edwin A. Baetzman that the unsafe building determination (CHOOSE EITHER: (1) be upheld because the building is in fact unsafe as set forth in the Building Official 's inspection report. Mr. Baetzman is hereby ordered to repair or demolish the building within 30 days. OR (2) be overturned because the building is not in fact unsafe as defined in Section 202 of the Standard Unsafe Building Abatement Code. KAS 05/07/96 Motion.CRB