01-26-1988 Regular Meeting•
CODE ENFORCEMENT BOARD
MINUTES
•
A special Code Enforcement meeting was called to order by
Chairman Russell Wagner on January 26, 1988 at 7:00 p.m. Members
attending were Emma Higgins, Nick Jones, Joseph Wiebush, William
McKinney, Edward Whitehead and Martin Wright. Also attending
were James McAllister City Planner, Leonard Baird City Attorney
and Jane Warren Planning and Zoning Technician.
OLD BUSINESS
CASE NO. 88-02
CITY OF CLERMONT
VS
BOB WADE
VIOLATION:
Floodplain Ordinance No. 255-C, Section 9A-14 D(A)
A. Fill within the floodplain area of Jack's Lake as
designated on the Federal Emergency Management
Association Flood Plain Map.
City Code, Chapter 5, Section 2.
A. Site has been filled above the two {2) foot limitation
as stated by the Standard Excavating and Grade Code.
Mr. Wagner requested staff state their findings and
rer_ommendations and suggested the Board deal with both portions
of the violation individually.
Mr. McAllister informed the Board that he and Mr. Smythe, the
Public Works Director inspected the site and found Mr. Wade
was not in compliance with the Order issued January 19, 1988 by
the Code Enforcement Board, requiring Mr. Wade to remove the fill
from the floodplain area.
Mr. Wade was present and stated there is a discrepancy as to the
exact location of the floodplain. Mr. Wade also informed the
Board that the site had been graded and had not washed after the
recent rainstorms and that the 2 or 3 loads of fill in the area
had been leveled. Mr. McAllister emphasized that the fill is
still in the floodplain area, therefore the violation is still in
existance.
After a brief discussion a motion was made by Mr. Whitehead to
give Mr. Wade two (2) weeks to remove the fill from the
floodplain area, seconded by Mr. Wiebush and approved by
unanimous vote.
Referring to the violation of City Code, Chapter 5, Section 2,
Mr. McAllister advised the Board that there still remain fill
above the two (2) foot limitation on the site.
Mr. Wiebush asked what was the purpose of the additional fill.
Mr. Wade suggested an elevation of the site would enhance the
commercial aspects of the property. Mr. Wade suggested that the
site was in excellent shape even with the additional fill and
stated that there was not a washing problem at this time.
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• •
Mr. McAllister stated the site was in excellent shape, but re-
emphasized that the violation was still in existance.
Mr. Wade suggested that the since there did not seem to be any
run off from the site that the Board allow the fill to remain
above the two (2) foot limitation.
Mr. Baird advised the Board that they did not have the power to
grant a variance which would offer relief from any of the
restrictions of the ordinances.
Mr. Baird suggested that the Board allow Mr. Wade the opportunity
to apply for a variance with the stipulation that if the request
were not submitted in time for the February 9, 1988 Council
meeting the fill would be remove by a specific date.
After a brief discussion a motion was made by Mr. Wagner to allow
Mr. Wade to file for a variance by January 29, 1988 or to remove
the additional fill by March 1, 1988, seconded by Mr McKinney and
approved by unanimous vote.
There being no further business the meeting was adjourned.
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Russell Wagner, Chairman
ATTEST:
ane Warren
Planning & Zoning Technician