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CE 02/08/2018 Minutes
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CE 02/08/2018 Minutes
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City Clerk
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City Clerk - Doc Type
Minutes
City Clerk - Date
2/8/2018
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taken through the Planning and Zoning Commission. The plan has been exchanged and comments provided. An <br />email chain was provided to show that the applicant and Ms. Hanna were working together. Ms. Hanna continued. <br />The Special Magistrate asked if it was the City's position, that as of. February 8, 2018 there has been no <br />compliance as the $50 per day fine should commence? <br />Mr. Campbell stated that was correct. <br />Ed Martin, 4630 S Highway 17/92 stated some of the photos looked to be current. There has not been mulch put <br />down since Mr. Martin is still going back and forth with Ms. Hanna. Ms. Martine stated it is not a landscape <br />architect but a designer. Mr. Martin stated one of the items unresolved was the need for a legend, there are some <br />plans that the designer made and it clearly points to the plants. To Mr. Martin the plants seemed clearly labeled. <br />Mr. Martin continued. <br />Mr. Campbell advised the City needs a landscape plan that is sufficient for what planning is requiring. Planning <br />has been trying to work with Mr. Martin and to obtain that, this is something that can be obtained and supplied to <br />the City. The plan would give the specifics required, the height and width of all the different foliage put in. What <br />was presented is not sufficient. <br />The Special Magistrate asked if Mr. Martin had anything else to say. <br />Mr. Martin stated he was having a hard time distinguishing their preference and what is actually Code. Mr. Martin <br />stated that every time he corrects one thing something else pops up. <br />Ms. Hanna stated for the record, the City does not have any issues with the plant material the applicant is <br />requesting to install; it is more of the specifications of the plant material that she needs to know, in order to meet <br />code. Ms. Hanna addressed the landscape criteria code 3-13.9, there are seventeen criteria that are needed to have <br />an approved landscape plan. Ms. Hanna stated she only asked the applicant to provide enough information to be <br />able to accurately approve the landscape plan. <br />Mr. Martin stated the past plan that was approved was hand written by him, it was low bar. <br />Finding of fact: The Special Magistrate made a finding in case # CE -17-000752, 4630 S Highway 17/92 based <br />on evidence and testimony, the sole issue before the Magistrate was whether there has been compliance. The issue <br />back in December was whether there was a violation, a violation was found and a compliance date of February 8, <br />2018 was given, to give plenty of time. It has been almost two months, which seems to be plenty of time. <br />Originally, the City wanted a January 11, 2018 compliance date but extra time was given. The Special Magistrate <br />strongly suggested that Mr. Martin keeps working to try and get this done. <br />The special Magistrate stated at this time his hands were tied. The order was to find the violation non-compliant <br />and to impose the fine. Based on testimony and evidence entered it was found that the property was not in <br />compliance and pursuant to the order of December 14, 2017 the respondent is to pay the City of Casselberry a <br />fine in the amount of $50.00 per day plus any administrative fees for each and every day the violation continues <br />starting February 8, 2018. <br />2 1Page <br />
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