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HomeMy WebLinkAbout12-08-1986 Minutes NINS!IBO QE TLE QTIY QE 424EE ORB ENEQBQENENI 1146BQ NEEIlNQ HELD QNQNNlNE QCT 12 I. BQLL QALL PRESENT: Chairman John Linebarier, Vice Chairman Frank Carlsson, Members Bob Sorenson and Joe Marbais, Alternate Cathie Pollack, Attorney John Hatcher, Building Official Cecil Hurst, Sergeant William Gailit and Deputy Clerk Susan Amesbury. ABSENT: Members Mary Ellen Frame and Gary Carroll (excused) . Chairman Linebarier called the meeting to order at 7:34 p.m. . Vice Chairman Carlsson led everyone in the Pledge of Allegiance to the flag. Chairman Linebarier then led everyone in prayer. Chairman Linebarier asked that it be stated for the record that Member Ed Foley does not want reappointment to the Code Enforcement Board. He also asked the minutes to reflect the fact that Member Mary Ellen Frame has missed the last 3 meetings and that the Board needs 2 replacements. Chairman Linebarier suggested Robert Imes of Ocoee Hills Rd. II. MIR QNQ QP@BWY& QE HMSO Vice Chairman Carlsson moved to approve the minutes of the October 13, 1986 Code Enforcement Board Meeting minutes with the following correction: Paragraph 2, add the word absent at the end of the sentence "Member Mary Ellen Frame." Building Official Hurst asked that a correction be made on page 2, Item C, First Paragraph, last sentence - the word sufficient be atriken and add the following "but not enough to warrant Notice of Dismissal" after the word progress. Vice Chairman Carlsson amended his motion to include Building Official Hurst's correction, seconded by Mr. Sorenson and approved unanimously. III. YIQL6ITQNI RUBINQ A. Lou Ann Carpenter, Case 86-24 Building Official Hurst was sworn in by Deputy Clerk Amesbury. He then presented photographs of Mrs. Carpenter's propery to the Board and explained that the photographs were in 2 serarate groups. The first group was taken 4 to 5 weeks ago and the second December 08, 1986. Building Official Hurst stated that the pictures showed wreckers, race cars and Junk in this single family residence zone. He further stated that Mrs. Carpenter was in violation of the Zoning Ordinance as there was illegal use of her land and building. Building Official Hurst explained to the Board that problems with 200 Spring Lake Circle go back to November, 1985. He further stated that race cars were being repaired and rebuilt, a L 1 CEB 12/8/86 PAGE 2 kre business was being operated in a residential area (sale of auto parts) , cars were being towed, a fence was erected with a permit and finally that there were numerous citizen complaints about this address. Building Official Hurst asked the Board to rule and order operation of the business ceased and to stop the rebuilding of race cars (storage O.K. but not rebuilding) . After it was determined that Lou Ann Carpenter was in fact the property owner, she was sworn in by Deputy Clerk Amesbury. Mrs. Carpenter indentified the photographs as her property but stated that one set of photographs was taken during a garage sale, for which she produced a permit. Chairman Linebarier stated the set of photographs taken during the garage sale would be disregarded. Mrs. Carpenter presented photographs she had taken of her property. She stated that of the 2 wreckers parked on her property, 1 is used for occasional towing of race cars and the other is used for towing of her husband's race cars only. She further stated that her husband's business license is mobile. Addressing the monetary gain issue, she stated that no profit was being made from racing. She produced documents showing entry fees, rules, etc. and stated that her husband has been racing for 20 years with no problems until now. Addressing the auto parts sale issue, she stated that they have occasionally sold a few auto parts but that it has been stopped now. She further stated that the phone is listed under her name and is not answered as Ron's Wrecker Service. Mrs. Carpenter stated that she feels she is being harrassed and that she is not the only one in her neighborhood running a business. She further stated that the wreckers are both tagged and insured, that the race cars can be stored in the back yard but will have to be in the front yard from time to time. Chairman Linebarier stated that Mrs. Carpenter's phone number was listed on the race cars and on the wreckers per the photographs. At this time Building Official Hurst asked for a rebuttal. He stated that there was no problem with parking the race cars, it was working on them that created the problem. He further stated that the zoning ordinance allows only 1 truck not to exceed 1 and 1/2 tons per single family residence; therefore, only 1 wrecker could be kept at her home. Addressing the allegation of other businesses in the area, he stated that he has investigated and found no current problems. He further stated that there were 42 racing tires stacked in the back yard at 200 Spring Lake Circle. Mrs. Carpenter stated that City Manager Ryan and Building Official Hurst informed her that if she stacked the tires neatly, they would not be a problem. She asked for clarification of this issue. Vice Chairman Carlsson asked how many vehicles were parked at this residence regularly. Mrs. Carpenter answered that there were 2 wreckers and 1 car parked in the front and the race cars were in the back yard. Mr. Marbais questioned the 40 tires stacked in the back yard. L 2 CEB 12/8/86 PAGE 3 Mrs. Carpenter answered that they were for the 2 race cars. Mr. Marbais asked if there were calls to the Carpenter home for towing service and Mr. Carpenter replied yes. Chairman Linebarier asked if Mr. Carpenter has a license for a wrecker service. Mr. Carpenter answered that he has an Orange County mobile license. Vice Chairman Carlsson stated that Mr. Carpenter needed a City license. Chairman Linebarier stated that it is fairly obvious that there is a repair service being operated out of the home, that the wreckers are being used for monetary gain and the home phone is being advertised on the wrecker. Mr. Carpenter stated that he works out of his truck, not at his home. Chairman Linebarier informed Mr. Carpenter that he is operating a business whether he feels he is or not. He further stated that the race cars could be stored in the back yard and that he could only work on his own cars. Vice Chairman Carlsson read from the Code, Chapter III, Section 8 and stated that the Carpenters were in violation by parking 2 wreckers in the residential area. Chairman Linebarier then asked Attorney Hatcher to explain to the Carpenters why the items discussed were in violation and what the options are. Attorney Hatcher stated that the fact that the home is in a residential neighborhood does not restrict the procurement of an occupational license. He stated that application of a City license has not been made. He further stated that there was a clear violation of commercial vehicles and that one of the wreckers must be moved out of the neighborhood. Addressing the race car issue, he stated that the City has taken the position that if the cars are in the back yard with a privacy fence, there is not a violation. Attorney Hatcher asked Mr. Carpenter how long it would take him to relocate 1 of the wreckers and how long it would take him to apply for a City Occupation license. Mr. Carpenter answered that he could do both the next day, December 09, 1986. Building Official Hurst stated that there were restrictions on a home occupational license and that one of them was that there be no change in the external appearance of the home. He further stated that the intent of this type of license was for phone answering only. Chairman Linebarier stated that the Board has essentially found the Carpenters in violation of the following: 1) 2 commercial vehicles in a residental area. 2) Operating a businees out of a RI zone without a City license. 3) Junk and debris visible. He further stated that these violations were fairly obvious. Vice Chairman Carlsson made a motion to have the Carpenters remove 1 wrecker by December 15, 1986 and to have the Carpenters report to City Hall to obtain an Occupational license appropriate to the business being operated at 200 Spring Lake Circle or cease operating the business within 7 days, with a fine of $50.00 for each day of noncompliance thereafter. Motion seconded by Mr. Sorenson and carried 3 CEB 12/8/86 PAGE 4 unanimously. Chairman Carlsson thanked the respondents for their cooperation. As a matter of record, Mrs. Carpenter signed and was issued a compliance order. IV. HUB HOLM Chairman Linebarier excused himself at this point for another appointment and Vice Chairman Carlsson took control of the meeting. Vice Chairman Carlsson asked that the memorandum from Attorney Hatcher in reference to the junk vehicles be discussed at the next regular meeting. V. MINgBTI Alternate Cathie Pollack questioned Attorney Hatcher about the problem of her involving herself with potential cases. Attorney Hatcher answered that she needed to observe only and avoid putting herself in the position of coloring her vote and attitude. Mrs. Pollack stated that she was civic minded and wanted to participate in the community. Attorney Hatcher stated that the mere fact of her sitting on the Code Enforcement Board was participation. Mr. Marbais asked Building Official Hurst if M & M Utility had actually complied. Building Official Hurst answered that the dismissal was for excessive growth of grass/weeds for which 41,11, the respondents did comply. Any other issues, such as access to the property were not addressed in the dismissed case. Vice Chairman Carlsson stated that he was concerned with the number of violations he personally observed and wondered if the City's enforcement was sufficient. Building Official Hurst stated that the time frame involved in getting the cases to the Board was one problem, another being duplication between the police and building departments. He further stated that the City needed a full time Code Enforcement Officier. VI. RIQStE!!gla Mr. Sorenson made a motion to adjourn, seconded by Mr. Marbais and motion carried unanimously. Meeting adjourned at 9:30 p.m. 11-44d CL40.44,A..- hn Linebarier, Chairman ATTEST: Deputy Clerk Amesbur 4