01-19-1988 Regular Meeting
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CODE ENFORCEMENT BOARD
JANUARY 19, 1988
The regularly scheduled meeting of the Code Enforcement Board was
called to order by Chairman Russell Wagner on January 19, 1988 at
7:30 p.m. Members attending were Joseph Wiebush, Edward
Whitehead, Martin Wright and Emma Higgins. Nick Jones and
William McKinned were excused. Also attending were James
McAllister City Planner, Leonard Baird City Attorney, Jane Warren
Planning & Zoning Technician.
MINUTES of the meeting held October 20, 1987 were approved as
presented.
Mr. Wagner introduced the first item on the agenda.
CASE NO. 88-01
CITY OF CLERMONT
VS.
BOB WADE
Mr. Wade was cited on December 9, 1987 for two violations. The
first violation was issued as a result of banner signs attached
to the perimeter fencing around Mr. Wade's auto dealership. Mr.
Wade also displays approximately 10 United States Flags which is
a violation of the Sign Ordinance and constitutes advertising.
Mr. McAllister explained, the display of more than one flag
associated with a business is considered advertising, and
therefore a violation of Sign Ordinance No. 207-C.
Before presenting his case Mr. Wade was sworn in. Mr. Wade
stated the dealership was purchased in 1970 and at that time
banners and flags were present and have continued to be displayed
since that time. Mr. Wade stated he felt the use should be
grandfathered in.
Mr. Baird advised Mr. Wade that he was not grandfathered in.
Mr. Wade emphasized the banners have been in placed over twenty
(20) years and that they are maintained on a regular basis by a
pennant company. Mr. Wade informed the Board that the American
Flags would be coming down and that he would like to replace them
with the "Ford Company" flag and if necessary he would apply for
a variance to allow the continued display of banners.
Mr. Baird suggested the Board order Mr. Wade to correct the
violation in a time frame that would allow him to apply for a
variance if he wishes to do so.
After a brief discussion a motion was made by Mr. Whitehead to
grant Mr. Wade forty-five (45) days to correct the violation or
to apply for a variance in time for the February 9, 1988 meeting
of the City Council, seconded by Mrs. Higgins and approved by
unanimous vote.
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CASE 88-02
CITY OF CLERMONT
VS.
BOB WADE
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The second violation was issued as a result of filling within the
floodplain and filling above the two foot fill limit without Site
Plan approval. All filling above two feet requires the
submission of a engineered site plan and city approval. The City
has adopted the Southern Standard Excavation Code as its
excavation regulations.
Mr. McAllister explained there two violations in the above
mentioned case;
1. Fill above the two (2) foot limitation.
2. Fill within the floodplain area.
Mr. McAllister advised the Board that he and Mr. Saunders
inspected the site and found;
1. Fill above the two (2) foot limit has been leveled.
2. Fill in the floodplain area still existed.
Mr. McAllister also informed the Board that there is a dispute
between the City and Mr. Wade as to exact boundaries of the
floodplain area.
Mr. McAllister clarified the City is using a map issued by the
Federal Emergency Management Agency in order to determine the
boundaries and noted that there is a possible margin for error.
Mr. McAllister stated in order to determine exact boundaries a
survey would be needed.
Mr. Wade stated there were three (3) loads of fill down by the
lake which were moved this afternoon and according to his
survey of the area, were not in the floodplain area.
Mr. Wade advised the board that he has a survey which shows that
the fill was not in the floodplain area.
Mr. Baird suggested that Mr. Wade stake the floodplain area.
Mr. Wade advised the Board that he does not intent to spend the
money to do so.
Mr. Wade stated as far as the fill above two (2) feet violation,
this would be a continued on going situation because of the lapse
of time from when the fill is dumped until it is spread and
settled.
Mr. McAllister, referring to the two (2) foot limitation, stated
he felt the intention of the Excavation Code is a finish
situation.
Mr. McAllister advised the Board that City Engineer John
Springstead would be making an inspection of the site on January
20, to clarify any discrepancies between boundaries and fill
height.
After a brief discussion a motion was made by Mr. Whitehead to
table this case until after the scheduled inspection and to call
a special meeting on Tuesday January 26 at 7.00 p.m. at which
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time the finding can be given to the Code Enforcement Board,
seconded by Mr. Wright and approved by unanimous vote.
CASE NO. 88-03
CITY OF CLERMONT
VS.
JOHN BOYETTE
Mr. Boyette was cited for the illegal raising of fowl and the
existance of structure used to house such animals in a
residential zone. Mr. Boyette was cited on December 29, 1987 and
has not contacted city staff as to his intentions to correct the
violation.
Mr. McAllister advised the Board that as of this date Mr. Boyette
has removed the fowl from the premises and is the process of
removing the pens. Mr. McAllister recommended that this case be
dismissed.
A motion was made by Mr. Wright to dismiss the case, seconded by
Mr. Whitehead and approved by unanimous vote.
There being no further business the meeting was adjourned.
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Russell Wagner, Chairman
ATT ST:
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J ne Warren
lanning & Zoning Technician