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CE 04/10/2014 Minutes
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CE 04/10/2014 Minutes
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City Clerk
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City Clerk - Doc Type
Minutes
City Clerk - Date
4/10/2014
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The Special Magistrate asked Mr. Sorensen to describe the original structure; there was a wall and a patio <br />with no roof? <br />Mr. Sorensen stated, based on the aerial, it shows screen porch and grass on each side. <br />The Special Magistrate asked if the porch structure would have needed a permit. <br />Mr. Sorensen stated yes. <br />The Special Magistrate asked if the structure would have required a permit. <br />Mr. Sorensen stated not that he was aware of. <br />Mr. Kahn stated when the house was bought the porch was an existing structure on the plat as well. The <br />house was re- roofed; permits were pulled for that, after the porch was on and before the addition. <br />FINDING OF FACT: The Special Magistrate made a finding that Ms. Luciano is the owner of 2638 Cayman Way, <br />there is not a dispute that construction did move forward based on evidence and is more or less completed. The <br />structure was non - conforming prior to the present zoning. The following is irrelevant, the opinion of the Home <br />Owners Association, other people having the structures, perhaps not permitted. This is decided on a case by case <br />basis. <br />The property is not in compliance and in violation of City Code 1 -4.3, it is ordered that a fine of $25.00 per <br />day to be issued if there is no compliance by 4/24/2014, until the property comes into compliance. <br />CE -14 -00019 No building permit, City Code Section 1 -4.3 <br />CE -14 -00027 Land clearing/filling, ULDR Section 3 -10.6 <br />i Tract D Brittany Gardens <br />Officer Hernandez gave testimony for the above cases. On January 7, 2014 the City received and email from <br />Mr. Napier with a complaint about these violations. Mr. Hernandez observed the wetland area has been <br />cleared from Mr. Napier's backyard on January 9, 2014. A walkway with handrails was completed to get to a <br />small dock, as well as another portion that was cleared and a wood fence was placed, this area belongs to the <br />Brittany Gardens Home Owners Association, including the water. <br />Keith Napier, 500 Brookside Cir, 32751 gave testimony. Mr. Napier referred to plat book, 46, page 38 Exhibit <br />A was entered into record. Mr. Napier continued to refer to the plat book and the ecological easement. <br />Joseph Flagiello, 2668 Queen Mary Place stated for the record he is a member of the Florida Bar, currently <br />non - practicing. Mr. Flagiello was present not as an attorney but as a member of the Board of Directors of <br />Brittany Gardens Home Owners. It is Mr. Flagiello's understanding that all the structures, with the exception <br />of the 4x4 dock have been removed. <br />The Special Magistrate asked if Mr. Flagiello was saying the property is in compliance. <br />Mr. Flagiello stated no, the railing and steps have been removed and platform for the boat has been removed. <br />The only thing that remains is the 4ft sq platform or dock, which sits in the creek. Mr. Flagiello stated he was <br />not familiar with the law on that and he believed Mr. Teolis was. <br />Paul Teolis, 2642 Ultra Vista Dr stated years ago the (area) was a dump and the conservation picture looks <br />better than it did 20 years ago. They removed debris, old beds, concrete block to make a railing to go down so <br />4 Page <br />
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