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12-15-1992 Regular Meeting• • MINUTES CODE ENFORCEMENT BOARD DECEMBER 15, 1992 The regular scheduled meeting of the Code Enforcement Board was called to order on December 15, 1992 at 7:30 p.m. Members attending were Edward Whitehead, Martin Wright, George Wood, Jon Forties and Emma Higgins. Members William McKinney and Dorothy McGriff were absent. Also attending were Leonard Baird, City Attorney, Richard Bowman, Code Enforcement Officer, Lanny Harker, Director of Planning and Mimi Shaw, Planning Technician. MINUTES of the meeting held May 19, 1992 were approved as presented. NEW BUSINESS: CASE NO. 92-02 Ms. Linda Gooden and Ms. Vincenza Leonardo 606 West Avenue Clermont, FL 34711 VIOLATION: 1. Variance granted March 24, 1992 -expired November 15, 1992 2. Conditional Use Permit granted November 26, 1991 as Resolution #741 - Conditions numbers 4, 8 and 9 have not been met LOCATION: 606 West Avenue At this time Mr. Whitehead asked all those present who wished to speak in regard to this case to be sworn in. The following persons were sworn in: Ms. Vincenza Leonardo, 606 West Avenue, Clermont, Florida Ms. Linda Gooden, 606 West Avenue, Clermont, Florida Mr. Richard Bowman, Ciry of Clermont Code Enforcement Officer 1 • • Mr. Bowman informed the Board that on March 24, 1992 a variance was granted by the City Council to the defendants which gave them until November 15, 1992 to install the required paved parking, driveways and sidewalks. On October 13, 1992 a letter was sent (copy attached) by Mr. Harker to the defendants stating the conditions of the CUP that had not been met as of that date. Mr. Bowman further stated that as of this date these improvements have not been made nor have the landscape requirements of the original CUP been met. Staff is therefore recommending that the defendants be given thirty (30) days to complete all outstanding conditions of the existing Conditional Use Permit. If the conditions have not been completed by January 19, 1993 a fine of $50.00 per day be imposed for every day the violations continue to exist. Ms. Vincenza Leonardo, defendant, explained that they have had delays trying to obtain their permit from St. Johns River Water Management District and the work that is to be completed is very extensive. It should be noted the facility has only been in business for six months and the City of Clermont should take into consideration this is a small business providing a service to Clermont. Ms. Linda Gooden, defendant, stated that obviously the mulch would be better for the environment opposed to cement. Ms. Vincenza Leonardo, further stated that the existing mulch looks much better in the residential neighborhood than the paved parking would. Mr. Baird explained to the defendants that what the SJRWMD was requiring of them had nothing to do with the City of Clermont. St. Johns is a State agency and they have jurisdiction over the water retention requirements, not the City. Mr. Baird further explained that the defendants have admittedly not met the conditions of their CUP, the Board can therefore only rule in favor of the City due to the evidence that has been presented. It was suggested that the Board give the defendants time to apply for a variance from the City Council. Further discussion followed regarding the SJRWMD permit and parking requirements. A motion was made by George Wood that the defendants be given until March 1, 1993 to apply and obtain a variance for the required paved parking, driveways and sidewalk. Also this case be brought back before the Board at the March meeting to ascertain the status of this project. Seconded by Jon Fortier, approved by a unanimous vote. 2 • • CASE NO. 92-03 Bob and Effie Young 1147 Hampton Street Clermont, FL 34711 VIOLATION: CHAPTER 9A-SECTION 5 ESTABLISHMENT OF DEVELOPMENT PERMIT A building or development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities. LOCATION: 1147 Hampton Street Mr. Bowman informed the Board that he is in receipt of a letter from Mrs. Young stating that Mr. Young is presently working overseas, staff therefore recommends that this case be delayed until the defendant can be present. A motion was made by George Wood to delay this hearing until the City request this case be brought back before the Board, seconded by Jon Fortier, approved by a unanimous vote. There being no further business the meeting was adjourned. ~~I Edward it ead, Chairman ATTEST: 2~~~ ~ `' '~ ,~ ~~ f ~~ Mimi Shaw, Planning Technician 3