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HomeMy WebLinkAbout05-22-1990 Minutes MINUTES OF THE CITY OF OCOEE CODE ENFORCEMENT BOARD MEETING HELD MAY 22, 1990 ROLL CALL PRESENT: Chairman John Linebarier, Members Gary Carroll , Ray Wood, Pitt Varnes , Frank Carlsson, Attorney Ike Cool, Code Enforcement Officer Steve Ross , Senior Planner Julian Harper, Police Lieutenant Andy Gailit, Deputy Clerks Teresa Braddy and Sherry Seaver. ABSENT: Vice Chairman Robert Imes, Member James Skirvin III (excused) Chairman Linebarier called the meeting to order at 7 : 32 p.m. in the commission chambers. Mr. Carlsson led in prayer and Chairman Linebarier led in the Pledge of Allegiance to the Flag. Chairman Linebarier stated for the record that there was a quorum present. APPROVAL OF MINUTES Mr. Carlsson moved to approve the minutes of the April 24, 1990 Noe unanimously.as printed. Motion seconded by Mr. Varnes and approved unanimously. HEARINGS ON STATEMENTS OF VIOLATION PURSUANT TO NOTICES OF HEARINGS Case 90-18 , Jim Mitchell , Engaging in business without a City Occupational License. Case 90-21, Domino' s Pizza, Engaging in business without a City Occupational License. Chairman Linebarier stated that these two cases would be heard together. Jim Mitchell, Cletus J. Simmons, Attorney for Domino' s, Code Enforcement Officer Ross, and Senior Planner Harper were sworn in. Code Enforcement Officer Ross stated that Domino' s Pizza has been operating without a City Occupational License since early January at 750 South Bluford Avenue in the Oakwood Plaza. Mr. Ross stated that earlier complaints had been prompted by City Officials and those problems were taken care of. He stated that this case had been continued from the April 24 meeting and all of the paperwork had gone back and forth between the City and Domino' s Pizza and this business was still without a City license. Mr. Harper stated that there were two problems with Domino' s: (1) being 12 parking spaces short and (2) 1 off-street loading space short. Mr. Harper stated that he had observed the .0, 141110e business on several occasions and they had as many as twenty-five Page 2 Code Enforcement Board Meeting May 22, 1990 (25) employees at peak hours . He also stated that they do not have enough spaces to accommodate this many employees. On April 26 , 1990 a meeting was held with Mr. Mitchell, representatives for Domino's, and City Staff. City Staff recommended that Domino' s negotiate a joint-parking agreement with surrounding businesses which would enable Domino ' s to use their parking spaces during peak hours. Mr. Harper did not feel that a good effort to complete this was made . Chairman Linebarier asked Mr. Harper how many parking spaces Domino' s had. Mr. Harper stated that at this time there were no assigned spaces. Chairman Linebarier asked Mr. Harper to give him an educated guess as to how many spaces could be expected to be available to Domino' s Pizza. All parties agreed to seven (7) parking spaces. Mr. Harper stated that the Final Engineering Plans were not signed by City Staff but were approved by the City Commission subject to thirteen (13) stipulations. Mr. Harper could not say if the stipulations had been met. Chairman Linebarier asked if the delivery people were the cause of the problem with the parking spaces. Mr. Harper stated that it was too many people trying to fit in too small of a space. Mr. Carlsson asked Mr. Harper about the Certificate of Occupancy for Domino' s Pizza. Mr. Harper stated that Domino's pulled a permit in early January and in the middle of January a Certificate of Occupancy was issued just for Domino's. Mr. Simmons, attorney for Domino' s, stated that City' s Code does not deal with their situation. He also stated that Domino' s is operating in the correct zoning for their business. Mr. Simmons stated that the City is wrong in not issuing Domino' s a City license and that the parking problem is unrelated to occupational licenses. He stated that there was nothing in the City Code that prevented Domino' s from receiving their license. Mr. Simmons said that Domino' s had established a joint parking agreement with the surrounding stores. He discussed the amount of parking per store. He gave an overview of the situation on behalf of Domino' s. Mr. Simmmons stated that the problem with the site of the Plaza had nothing to do with Domino's getting their City license. Mr. Simmons presented the joint parking agreement to the Board. Mr. Mitchell stated that the other businesses are closed in the evening. Senior Planner Harper and Mr. Simmons discussed the parking situation. The Board, Senior Planner Harper, and Mr. Mitchell discussed the Certificate of Occupancy for the Oakwood Plaza. Mr. Carlsson asked Senior Planner Harper how Domino's could receive a Certificate of Occupancy without a City license. Code Enforcement Officer Ross , speaking on behalf of Building Official Don Flippen, said that it was stated at the time of the issuance of the permit that there would be only two to four employees. Mr. Simmons concluded his presentation with stating that he hoped the City would not make Domino' s the victim for a problem related to the Plaza. Chairman Linebarier asked Senior we vow Planner Harper if the joint parking agreement would satify the parking requirement. Senior Planner Harper stated it would if in Page 3 Code Enforcement Board Meeting May 22, 1990 fact each store had set parking to give. Tyler Dann, Store Manager, was sworn in by Deputy Clerk Braddy. Chairman Linebarier asked if he received the joint parking agreement with the surrounding stores. Mr. Dann stated that he contacted Mr. Mitchell for the ratio for parking to each store. Chairman Linebarier asked Senior Planner Harper in his professional opinion if this agreement would satify him as far as the parking was concerned. Senior Planner Harper stated yes . All parties discussed the parking and how late the stores were open. Mr. Varnes moved that the Board recommend to the City to issue the license based upon the testimony at the meeting and the recording of the joint parking agreement. The motion died due to the lack of a second. Motion was made by Mr. Carroll reference to Case 90-21 to continue the case until the next meeting set for June 26, 1990. Motion was seconded by Mr. Wood. Motion was approved unanimously. Senior Planner Harper noted that Domino' s could contact him in the morning to start processing for the Board of Adjustment. Motion was made by Mr. Carroll reference to Case 90-18 to continue it until next meeting set for June 26, 1990. Motion seconded by Mr. Carlsson. Motion was approved unanimously. Chairman Linebarier called a short recess. 8101., Case 90-20, Rene' Mestdagh - Engaging in business without a City Occupational License. The case had complied before the hearing and was dismissed by the City. Case 90-26, Maguire Road Corp. - Nuisance and Menace to Public Health. Lou Roeder was sworn in by Deputy Clerk Braddy. Code Enforcement Officer Ross stated that this case was in reference to the Moore Road property. Moore Road is an unpaved road without an address. The first complaint was made on or about April 1 , 1990 that the property was being used as a dumping ground creating a menace to public health. The complainant was Ms. Henderson. Contact was made with Mr. Roeder, representative for Maguire Road Corp. , and the problem was discussed. On May 15, 1990 , the property was inspected and still found in non-compliance. On this hearing date, an inspection was made and the only change was a sign erected on the property. The sign stated "No Dumping" . Mr. Roeder asked Code Enforcement Officer Ross to point out on an aerial photograph where the dump site was. Mr. Roeder stated that the location of the dump site was not part of their property. Code Enforcement Officer Ross stated that he did not know of a different property owner. Motion was made by Mr. Carlsson to dismiss the case. Motion seconded by Mr. Wood. Motion was approved unanimously. Ms. 0, Nape Henderson noted that she had contacted the county and they had told her that the property was in the City of Ocoee. Page 4 (16. Code Enforcement Board Meeting May 22, 1990 Case 90-23, Oakley' s Upholstering - Engaging in business without a City Occupational License. Code Enforcement Officer Ross stated that Oakley' s license had expired on October 1 , 1989. A Code Violation had not been issued until May 3, 1990 due to a delay in paperwork. The license still had not been paid for at the time of the hearing. Chairman Linebarier stated for the record that there was no one present to represent Oakley' s Upholstering. Motion was made by Mr. Carlsson to find Oakley' s Upholstering in non-compliance and to give them until May 24, 1990 to comply or be fined $25.00 a day thereafter. Motion was seconded by Mr. Wood and approved unanimously. Case 90-24 , Terry Strickland - Engaging in business without a City Occupational License. Case complied before hearing and was dismissed by the City. Case 90-25, Rene ' Mestdagh - Engaging in business without a City Occupational License. Case complied before hearing and was dismissed by the City. Case 90-27 , United Motor Company - Engaging in business without a City Occupational License. Case complied before hearing and was dismissed by the City. Case 90-28 , Jim Mitchell - Engaging in business without a City Occupational License. Case complied before hearing and was dismissed by the City. Case 90-29, Reinforced Plastics - Nuisance and Menace to Public Health. Blocking and obstructing 20 foot access way. Case 90-30, Casual Line Corp. - Nuisance and Menace to Public Health. Blocking and obstructing 20 foot access way. Chairman Linebarier stated for the record that these two cases would be held together. A Notice of Code Violation was sent on May 2, 1990 and an inspection on May 14, 1990 still showed them in non-compliance which resulted in a Statement of Violation. They were shown to be violating Ocoee Code of Ordinances, Section 11-22 and Fire Prevention Code 602.61. Code Enforcement Officer Ross stated that they were blocking the driveway by storing equipment making the access way less than twenty feet. Attorney Ike Cool se 11liO" stated that in future cases he would like to see violations for the same property on one case. Chairman Linebarier stated that if Page 5 Code Enforcement Board Meeting May 22, 1990 they were found in non-compliance at this hearing, in the future they would be treated as a repeat violator. Chairman Linebarier stated for the record that no one was present to represent either Reinforced Plastics or Casual Line Corp. Motion was made by Mr. Carlsson to find Reinforced Plastics in non-compliance and to give them until May 30, 1990 to comply or to be fined $100.00 per day thereafter. The motion was seconded by Mr. Carroll and approved unanimously. Motion was made by Mr. Carlsson to find Casual Line Corp. in non-compliance and to give them until May 30, 1990 or to be fined $100.00 per day thereafter. Motion seconded by Mr. Carroll and approved unanimously. Case 90-31, Anthony Tate - Junk Vehicle. Case complied before hearing and was dismissed by the City. 90-32, Metmor Financial - Nuisance and Menace to Public Health. Excessive growth of grass and weeds. Code Enforcement Officer Ross asked for an order of continuance until the next meeting due to the fact that proof of delivery had not been received. Motion was made by Mr. Varnes to continue this case until the June 26, 1990 meeting. Motion was seconded by Mr. Wood and approved unanimously. Case 90-33, Tom' s Interstate Transport - Engaging in business without a City Occupational License. Case complied before hearing and was dismissed by the City. Case 90-34 , Edward H. &/or Glenda Thomas - Nuisance and Menace to Public Health. Excessive growth of grass and weeds. Code Enforcement Officer Ross asked for a continuance on this case due to the fact that the homeowner can not be contacted. Motion was made by Mr. Carroll to continue the case until the June 26, 1990 meeting. Motion seconded by Mr. Varnes and approved unanimously. OTHER BUSINESS Case 90-19, Betty Pedrick - Order Imposing Fine and Lien Motion was made to impose fine and lien in the amount of $3500.00 by Mr. Carroll and seconded by Mr. Carlsson. The motion was approved unanimously. err Page 6 Code Enforcement Board Meeting May 22, 1990 A. City Manager - No Comments B. Code Enforcement Officer - He noted that a great percentage of the cases had complied before the hearing took place. C. Police Department - No Comments D. Board Attorney - No Comments E. Citizens - No Comments F. Board Members- No Comments ADJOURNMENT Mr. Carroll moved to adjourn. Motion seconded by Mr. Wood and approved unanimously. Meeting adjourned at 9:50 P.M. Att=- 4" l Lam t S erry Sea'e , Deputy Clerk John Linebarier, Chairman L