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<br />CITY OF CASSELBERRY <br />CODE ENFORCEMENT BOARD I\1EETING <br />MAY 08, 2008 PAGE 4 <br /> <br />Ms. Babb-Nutcher asked if this was the appeal of Dr. Brock's decision. She then stated she did not see why <br />Board would do that. <br /> <br />Discussion. <br /> <br />Mr. Henderson asked what they should do with what was donc last month. <br /> <br />Ms. Babb-Nutcher statcd the fine has got to start running, Mr. Pieski is in violation and he is not in compliance. <br /> <br />Discussion. <br /> <br />Mr. Flint stated that to his understanding is that the Board could allow Mr. Pieski till the 06/09/2008 variance and <br />suspend the fine until that date, and if the variance is not granted the fine should be imposed commencing that date <br />or until he is in compliance. <br /> <br />If the variance is granted then the CEB tine would be over ruled. <br /> <br />Mr. Henderson stated if the variance is granted and hc is doing as the road map says then should the Board be <br />fining him when he is doing everything he can, ifhe is doing what the road map says should the CEB be tining him <br />during that time. <br /> <br />Discussion. <br /> <br />Mr. Flint stated he saw the Commission as over ruling the CEB when they approve the variance. <br /> <br />Ms. Babb-Nutcher stated the variance is on the flood plain issues, not a variance from having to get a penn it <br />building the seawall. <br /> <br />Mr. Flint stated that once they approve the variance then Mr. Pieski has this whole pel111it process that he has to go <br />t!Ull. <br /> <br />Ms. Babb-Nutcher stated that you still can't say Mr. Pieski would get the permit in the end. <br /> <br />Dr. Brock stated that he believed a pOItion of the wall would have to be removed and reconstructed anyway and if <br />the City Commission b~'anted the variance then at a minimum Mr. Pieski would have to remove that wing wall, a <br />portion of the wall and reconstruct it on his property line. It was Dr. Brock's understanding that Mr. Pieski is <br />encroaching on the HOA common ground. <br /> <br />Mr. Flint asked ifMr. Pieski would also need to get approval for that wall that's existing as well. <br /> <br />Dr. Brock stated yes. <br /> <br />Ms. Babb-Nutcher asked then he would not be in violation, is what the end game would be is that he would not be <br />in violation. <br /> <br />Dr. Brock stated that from a Public Works pcrspective if the City Commission granted that, then as far as Public <br />Works is cOl1cemed then he would no longer bc in violation. Dr. Brock continued. <br />