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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 *PV Slap '�' i � ike- 2'oxwltal S�j 1 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. HBD/hc RECEIVEDI"Al 2 2 1975 r9lP S(rl�C-nre�rs "C`uaan.rtced " n/ C l l of l l it I wont Onto mnrn ■ ctarmant, Ptorian .12711 ■ Phonm (004) 194•3141 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 1 N AN!/� City of Clermont /!1 We -it, ]ato Plnza 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 cifr.w, ,�ItAHH, Ii,�uuir+ L•� I{unfvr+uv runr l;r:r•i•nrm. n•, ,nnenrn ATTORNC:YS AT LAW n ennr unuur.un r.urrr I nnnr n� rrr, r. n u anon 011LANII11, fl LOU1IIA In1111L' 1. f.•nl n.f'S final II, Ll.r ir.rn r.�• r rr nn n. uion nn rnrr,. r, •r...u, June 10, 1975 nnn on,ln .,. n�c.•nnn m nnuu,�;ou nrtr rr•r. nr. n,Y . .n. 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