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CE 05/11/2017 Minutes
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CE 05/11/2017 Minutes
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City Clerk
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City Clerk - Doc Type
Minutes
City Clerk - Date
5/11/2017
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The Special Magistrate looked over the fence permit and six photographs. <br />Ms. Hanna advised that even if he is not charging for spaces for the vehicles, it is still considered outside <br />storage. <br />The Special Magistrate stated that some of the photographs the City provided over a period of months showing <br />signs for storage were Mr. Vandestreek testimony that he never charged for storage. <br />Mr. Vandestreek stated the signs were put out when he was applying for the Business Tax Receipt. It was then <br />asked if he could park his personal vehicles on the property. <br />The Special Magistrate asked if he had that conversation with planning. <br />Finding of Fact: The Special Magistrate made a finding in case 16-001161, the property designation is 2118 <br />Lakeview Dr., parcel number 17-21-30-508-01300-0110. Based on testimony and photographs it was found that <br />the property was in violation of Illegal land use; ULDR Section 2-4.5 & 2-5.3 and Operating without a BTR; <br />City Code Section 26.33. The zoning plus the fact that it's in CRD; there are two levels of the use of the land. <br />The State cannot tell the City of Casselberry how to make its rules about zoning, sign permits and such. <br />Otherwise the State would take over everything. The property was found in violation, it was ordered that the <br />property come into compliance by 1pm May 11, 2017 or a $100 per day, per violation will be imposed. <br />Prohibited sign(s); ULDR Section 3-16.8 <br />CE -17-000532 3920 S Highway 17/92 <br />Mark Campbell, Code Compliance Supervisor advised that Case Number CE -17-000532 for violation address: <br />3920 S Highway 17/92, in zoning district: PMX-MID for the violation of prohibited sign(s); ULDR Section 3- <br />16.8. The notification date was April 18, 2017, correction date requested was April 20, 2017 found non- <br />compliant, hearing notice date was April 20, 2017, correction date requested was May 10, 2017 found non- <br />compliant. <br />The property was found to be non-compliant on May 11, 2017. The City requests a correction date of November <br />1, 2017. If no compliance by November 1, 2017 then a fine of $250.00 per day, should be imposed for each day <br />of non-compliance thereafter. <br />Vivian Cocotas, Assistant City Attorney advised that leading up to this Code Enforcement case, prompted the <br />City to reach out to the property owner and the permit holder. The parties reach what they think is a fair <br />resolution, given the facts of this case. What is being requested is that the court adopts the stipulation <br />agreement, which provides for compliance by November 1, 2017. The issue is not the complete signage but the <br />electronic portion of the monument, which violates the code. <br />During the time period between now and November 1, 2017, there are limitations on the brightness of the sign <br />and the flashing of the sign. Ms. Cocotas advised that because of the agreement between the parties that no fine <br />be imposed, unless the property is deemed to not be in compliance. If there is no compliance then we would <br />return on November 18, 2017 to address the merits of the case. <br />The Special Magistrate asked if this is essentially a continuance, until the November hearing. <br />Ms. Cocotas stated it would only be a violation if they do not comply by November 1, 2017. If they are in <br />compliance by November 1, 2017 then the case would go away. The case is being continued to November. <br />4 1 P a g e <br />
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