06-19-1975 Supporting DocumentsMINUTES M A 9
SPECIAL MELTING
A Special Meeting of the City Council of the City of Clermont was held 'In the
office of the City Manager, on Thursday, June 19, 1975. The meeting was called
to order at 4:00 P. M. by Mayor Claude E. Smoak, Jr., with the following members
present: Councilman Schroedel, Oswalt, and Blackburn. Others present were:
City Manager Hopkins, City Clerk Carroll, nirnr.tor of Community Services Smythe,
City Attorney Baird, and Building Official Nagol.
Mayor Smoak announced the meeting was called at the request of City Manager
Hopkins in order that direction be given by Council for Building Official Nagel
to establish a firm position regarding request received for an extension of the
permit for the Crystal Beach Apartment project.
Mr. Hopkins advised that provisions in Section 106.3 of the Southern Standard
Building Code for granting extension of permits require evidence that a certified
contractor has been employed, and that sufficient cause exists. The initial
permit for this project had been obtained by a certified contractor who had
notified the Building Official at a later date that he was no longer associated
with Minneola Citrus Shoppe, Inc, and their proposed Crystal Beach Apartment
project. In follow-up communication, the Building Official was advised that
another certified contractor had been retained to perform the work, and the
extension was being requested in order to finalize permanent financing.
Mayor Smoak reiterated that hewasnot against the proposed apartment building
project, but that he felt the Council had "bent over backwards" in cooperation
with Mr. Davis of Minneola Citrus Shoppe, Inc. and saw no reason for extending
the permit, that in his 6pinion, the initial permit was null and void when
the initial contractor left the project, but that a new permit could be obtained
and the project constructed under existing building code requirements.
City Attorney Baird advised it was for Council to take an administrative position
that there is, or there is not, cause evidenced for the building official to
extend the permit as had been requested.
Motion was made by Councilman Blackburn and seconded
nsions would be qranted for the same cause.
assage
The meeting was adjourned by Mayor Smoak at 5:40 P.M.
Claude 5moa�ayor
Dolores W. Carroll, City Clerk
i
9 Swan Road
Sorrento, Fl.orlda :12774
January 13, 1975
City "I' Cl.crmunt
1 Westwite Plaza Drive
Clermont, Florida 3271.1
Attention: Building Department
Re: License 0005044
(Thomas Adair)
Dear Sir:
This Is to advise you that Thomas Adair is no longer associated with
Minneoln Cirrus Slioppe, Inv.
Please freeze permit number 0301 and allow no further construction _.
on the project until and unless I notify you differently.
Yours truly,
Thomas Adair
cc: Minneola Citrus Shoppe, Inc.
P. 0. Box 489
Minneola, Florida 32755
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P.O. Box 489
Minneola, Florida 32765
Area Code 904.394.4400
May 20, 1975
Mr. Robert E. Smythe
Director Community Services
City Of Clermont
Clermont, Florida 32711
RE: Permit #p0301
100 Second Street
Lot: 3, 4, 5
Block 19 & 20
Clermont, Florida
Dear Mr. Smythe:
I have had some difficulty securing a permanent mortgage
to construct the apartment complex on the above captioned ground.
It appears there will be some delay in receiving this commitment.
I therefor request a ninety (90) day extension to my
original permit. Would you please confirm in writing as to
whether you will grant me this extension. It is definitely
going to be started within this requested period.
Very my yoursf
Harry H. Davis, Pres.
Minneola Citrus Shoppe, Inc.
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RECEIVEDI"Al 2 2 1975
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June 6, 1975
Mr. Harry B. Davis, President
Minneola Citrus Shoppe, Inc.
P. 0. Box 489
Minneola, Florida 32755
Re: Building Permit No. 0301
Dear Mr. Davis:
In answer to your letter of request for a ninety (90) day extension
for the start of the work authorized by the afore referenced permit,
I hereby grant that extension.
Sincerely,
Robert E. Smythe
Director of Community Services
RES:ah
cc: City Manager
Building Official
(Auth. Ref. S.B.C. Sec. 106.3)
FLORIDA'S FINEST INLAND RESORT -RESIDENTIAL COMMUNITY
CERTIFIED RETURN RECEIPT REQUESTED
June 9, 1975
Mr, Barry D. Davis, President
Minneola Citrus Shoppe, Inc.
P. 0. Bax Aug,
Minneola, Flurida 32756
Re: Building Permit No. 0301
Dear Mr. Davis:
As a follow-up to your conversation with the City Manager this date, this
is to confirm that Mr. Robert E. Smythe's letter dated June 6, 1975 regarding
the ninety day extension to the building permit as requested in your letter
of May 2U, 1975 has been rescinded and tnat tiie extension has not bean granted.
This action has been taken for three reasons.
First, Section 10b.3 of the Southern Standard Building Code provides that
the Building Official shall be the official to take action on extensions.
Second, a review of the permit application approved on December 20, 1974
indicates that the applicant and contractor was Tom Adair. A letter dated
January 13, 1975 from Mr. Adair stated that he was no longer associated with
Minneola Citrus Shoppe, Inc. Before any request for an extension can be
given further consideration and before any construction under the permit can
commence, we must have evidence that a certified contractor has been employed
to replace Mr. Adair. In addition, any changrs or amendments to the original
permit relative to construction costs, site plan, certified building plans
or other pertinent material must be provided.
And third, any extension granted under the previsions of Section 106.3 must
be for cause. In order to determine if suffi-lent cause exists, please
provide a written explanation to support the statement in your letter of May
20th, namely, "I nave had some difficulty securing a permanent mortgage".
Sincerely,
Harvey Nagel
Building Official
HN/md
cc: City Manager
Director of Community Services
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City of Clermont
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Clermont, Florida 12711
Juno 16, 1975
RUMOR': R 18 1975
He: Lotter of June 0, 1971) to Mr. Harry 13. Davie, and Building
Perwit No. 0101
Dr--r Mr. N1lgoll
I am writing at the request of Mr. Davis in reply to your
above mentioned letter. Following agreements between myself and
Mr. Davis during May of this year, our firm has been retained to
nerform the subject construction. Wo are state licensed Class A
general contractors, and I nm a Florida licensed Professional
Engineer.
At present we anticipate no changes in the orirrinal approved
building plans in regard to eontruction cost or site plan.
Mr. Davis her been unable to definitely secure permanent
flnancinr„ but han, after numerou:-, visits to northern investors,
acquired preliminary approval for the required funds: Because of
this renewed investor interest, we are: requ,!sting a 90 day exten-
slon on his building, permit to allow completion of finanr,ial ar-
rangements.
In order to know how we will proceed, fin early rnoly would
be appreciated. (hank ,you.
C.C. Mr. Harry B. Davis
Mr. Richard Adams Jr.
Attenf Mr. Harvel Nagel
Building Official
Very truly yours,
C. William Harkins, P.E.
�4G+Jty IN .f VA Aga C .0 . o o p'
CWH/-alh
500 E. SEMORAN BLVD. / REGENCY SQUARE / SUITE 84 / CASSELIIERRY, FLORIDA 32707
TELEPHONE: (3051 831-5222
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RECEIVEDJUN 19 1975
Mr. Harvey Nagel
Building Official
City of Clermont
1 West Gate Plaza
Clermont, Florida 32711
Re: Building Permit No. 0301.
Mi.nneda Citrus Shoppe, Inc.
Dear Mr. Nagel:
My client, Mr. Harry B. Davis, President of
Minneola Citrus Shoppe, Inc., has referred some correspondence
with the city concerning an extension of his building permit
to me for review. It is clear to me that the letter of
June 6, 1975 is a ninety -day extension of his building permit.
I do not believe the city has the authority to rescind a
building permit or an extension thereof after it is granted
unless there has been a real change of circumstances or fraud.
I note in your letter of June 9, 1975, you mentioned
that Mr. Adair signed the application. I believe that he signed
it as agent for the owner and not as a general contractor. At
any rate, Mr. Davis is going to try to comply with your letter
request of June 9, 1975, but I want you to understand that we
take the position that Mr. Davis' permit has been extended for
ninety days.
If I can be of any assistance to you, I will be glad
to talk with you or your attorney by phone.
Sincerely,
lee r A,r Sri
Richard II. Adams, Jr.
RHA:mfm
cc: Harry B. Davis