##VIDEO ID:yswvwIUdT0o## been okay Mr Marcy can you hear me yes okay for for [Music] [Music] morning for for for there good morning ladies and gentlemen uh today is January 23 2025 um it's cold outside uh this is the city of Vito's uh special magistrate hearing session for the month of January of 2025 we have several items on the agenda today the first item is a parking citation and the person cited is Toby Vega durian uh are they here today all right I understand they may have already paid that uh fine so we'll move on to the next item um the next item on the agenda is uh compliance report case that's Case C e [Music] 24-42 and that is the case involving 469 Franklin Street in Ova parel ID 10 uh- 21-31 D300 d05 60- z0000 uh who's appearing on that today I am sorry all right Miss Moyer just state your name for the record yes sir yes sir code enforcement supervisor Shakira moer cido yes what do you have for us today on this one yes sir so this is a compliance hearing um for gray King uh property address 469 Franklin Street case number ce24 hyen 0042 I have 10 pages to submited evidence may I approach the bench yes all right is anyone appearing today on behalf of gr uh II King LLC right I will accept these two pages into evidence as the city's exam it number one all right what do you have yes sir uh the first four pages are the property record card showing that the gray or gr e i King LLC is still the owner of the property at 469 um Franklin Street all right and again this is a compliance hearing so on October 24th of 20 24 you issued a finding a fact order requiring the uh respondant to come into compliance with a um couple with a couple things I'm just going to go over briefly what those things were um if the respondant intended to use the property for a multif family after November 18th of 2024 then the respondant is restricted to a maximum of four units and must comply with the DN classification in any event the respondant must comply with the all then applicable zoning and building requirements and at that time the respondent had not in any event the respondent shall apply for all permits for all work that has been done without a permit he shall ensure that all applicable plans are submitted reviewed and approved um and ensure that the units are no longer occupied we were able to verify that on November 7th however the respondent did not come into compliance with submitting all the building permits and everything needed to transition the building to get it approved by the city so which provision of the order have they failed to comply with yes sir so in section two okay he did not comply with anything other than having the units uh not occupied allowing us to do the inspection he complied with but everything else the submitt of the applications any building permits um getting that approved he did not uh take care of that so just go through parag the first paragraph they have or have not complied with yes sir so with the first paragraph uh the single family residential he uh did not intend to use it for a single family residential and intend and instead intended to use it for a mult multif family so he was supposed to submit that paperwork by November 18th or after November 18th that was when the new code went into effect he did not do that okay so again paragraph by paragraph uh um so he hasn't applied for rezoning no sir okay and he hasn't complied with all applicable zoning regulations yes sir that is correct he has not okay and the fourth paragraph he shall apply for permits for all work that's been done he's not done that no sir um he it was supposed to be submitted reviewed and approved there was no approvals on any of those any permits anything that he may have submitted nothing has been approved but he has applied yes sir I believe for um a mechanical and then electrical so he's applied for the permit but it's not been approved yes sir okay we have had no nothing done and then also he was supposed to pay a $500 on fine and we have not received that I'm sorry uh that's in section three yeah yeah that's section four actually is it yes sir Corrections uh number four okay and he has allowed uh inspection however yes sir right I guess technically you could be applying for a Massi hearing on the fine yes sir that's what we for today yes sir the Massi hearing okay uh has the responded been notified of the hearing today yes sir they understand that we could be uh uh setting a fine today yes sir we once I go through the package I did not receive um or I received the letter back um return mail back so he did not accept the mail however it was posted to the property to ensure service so service was by posting yes sir and the respondant refused the mail service yes sir well I see that the date for compliance was December the 30th yes sir that means as of today this be what [Music] 20 24 days of or 22 days of not compliance yes sir that comes up to a [Music] 3, $300 fine for non-compliance through today's date yes sir I will be issuing an order to that effect but uh also there's the $500 fine that remains unpaid yes sir so the total fine will be $3,800 yes sir I will enter an order to that effect um I will also enter a new order uh continuing the acral of $150 a day fine until compliance so the $150 $150 a day fine is continues to run until they come into compliance yes sir okay that will be my order yes there thank you [Applause] okay for [Applause] [Music] next item on the agenda is case ce24 d727 the respondent are Rodney Wilson Glenda Wilson and Robert agustina the property involved is 298 Geneva Drive ovita Florida 32765 partial ID 10 hen 21 hyphen 31 hen 509 hyphen 0 000000 hyphen 00 a0 and the allegation is that there's a violation of Land Development code 3.4a involves a special uh event permit who is here today to speak to that case anyone who's here to speak to that please come forward all right okay all right all right first let's get everybody's name secua Moyer I know step to the microphone and please give me your name Robert agustini or Bob and uh we own briskets Park okay this gentlemen Blake Wagner okay what is your role Mr Wagner uh civil engineer Glenda Wilson property owner okay Rodney Wilson property owner okay Deborah Pierre Deputy development services director to is a Korea development services director Karan Bartley zoning administrator okay start over Kuran c a r r o n Bly b a r t l y zonin administrator and it's what administrator zoning yeah Harris Burns cadle devot review manager what was the first name again Harris h a r r i s last name is Burns cadle b e r NS spell that again slowly B my last name yes b e r NS hyphen c a d l e okay who else is here to speak is that everyone all right would you all step forward and raise your right hand you solemnly affirm that any testimony you give here today will be the truth whole truth and nothing but the truth yes all right uh we'll start I guess Miss Moyer with you yes sir this case being brought before you is for 298 Geneva Drive in OVO 32765 case number ce24 hyen 00727 I have a total of 40 pages to submit into evidence may I approach the bench yes has the respondant seen these yes sir okay all right I'm going to admit this this for 40 page composite exhibit as the city's exhibit number one all right go ahead Miss Boyer yes sir Pages 1 through four our copy of the property record card showing that Glenda and Rodney Wilson are still the property owners of 298 Geneva Drive okay yes sir Pages five and six the city issued Mr Robert aacini a special event permit on September 12th of 2024 that would go through December 12th approximately 90 days to use a full truck trailer um for his business at the property 298 Geneva Drive page six is highlighted and shows that the special event permit was going to expire on December 12th of 2024 number three um under Section planning advised that no further extensions will be granted okay page seven is a map showing the property at 298 and then there's another location of 302 North Central one is the owner um for Mr Glenda and um Rodney Wilson 298 302 will come into reference they are not in violation they are not in violation however it is a property being used by the uh by the business owner Mr Robert agustini okay let me sort this through okay the North Central Avenue Where is the uh trailer located now yes sir it's at 298 Geneva Drive and that's the smaller triangle on that map and who owns that parcel yes sir Glenda and Rodney Wilson all right and on the 302 North Central Avenue who owns that yes sir Mr [Music] Agustin it's my business partner so it's owned by Mr agustini okay and yes sir you're saying that the 302 North Central Avenue is not now in violation no sir but you we're going to refer to that property uh in a little bit to go over some uh improvements and uh some development that was supposed to take place on that property okay okay so on December 3rd which was approximately 9 days before the expiration of the special event permit staff met with Mr um Bob Robert agustini to discuss the special event permit and advised him that the code enforcement process will begin if the trailer was not removed by the expiration date on the permit on December 16th a reinspection was conducted and the trailer that was authorized on the special event permit remained on the property after the expiration date thus being in violation so pages eight so again I want to make sure I'm following the train yes sir so Mr agustini uh on December 3 was notified that the special event permit that he' been granted yes sir had expired was going to expire was going to expire yes sir so they met with him on the third and advised him that the permit was going to expire on December 12th okay that if the trailer was still there he would be in violation okay okay Pages 8 nine and 10 are photos showing the trailer on the property at 298 Geneva Drive the trailer is now on Geneva Geneva Drive yes sir okay yes sir so a notice of violation was sent on December 17th 2024 with a corrective action date of December 19th was a special event permit ever issued for the U Geneva Drive address yes that's the yes sir it's on its page Pages five and six is the special event permit for this location for Geneva Drive yes sir okay so we're talking about two permits that have been granted or one has been extended um no sir so right now we're just dealing with 298 and he received a special event permit back on September uh 12th with the expiration date of that permit of December 12th this was for the 298 address let me back up again okay so on the 298 there was a special event permit issued and when was that issued yes sir September 12th of 2024 all right and when did that EXP fire yes sir December 12th of 2024 and who applied for that permit was that Mr augustini yes sir right okay okay when was a permit uh issued for the Central Avenue yes sir um the those uh special event permits they're in the back I'm going to get into the 302 okay I'm going to tie in relevance for you a little bit later cuz I don't want to confuse you so I start I'm just going to start with what he's currently in violation of which is just at the 298 on Geneva Drive but I'm going to tie in the correlation between three2 okay all right okay so page 11 is a copy of the notice of violation I I'll wait till you get to it okay okay in that corrective action he was advised that he needed to remove the trailer that was authorized by the special event permit no later than December 19th of 2024 and it was a reminder sent that no further extensions will be granted per the special event permit okay Pages 12 and 13 is a certified copy of a mail receipt I have the white card uh the certified mail receipt is page 12 page 13 is the uh signed green card for the property owners we serve notice to the business owner as well so that will be page 14 this went to the 298 Geneva Drive address for Mr um agustini and then page 15 is a sence certified meal receipt all right briskets barbecue yes sir that's Mr yes sir okay it was also an Affidavit of a hand delivery um for this violation as well so he was notified in person with a uh with a notice of violation and because there was uh a discrepancy with the male we wanted to ensure I just included that so we would have service okay okay so he was advised to have that removed by the 19th on the 20th the there's some photos showing the trailer still remained on the property that's going to be Pages 17 it's just showing the address of the location page 18 shows the trailer still on the back of the property I'm familiar generally I drive by that almost every day that is what a barbecue type trailer yes sir okay all right go ahead yes sir so page 19 is a copy of the notice of hearing that was prepared on the 20th of December 2024 advising of today's hearing right page 20 is a copy of the uh certified mail receipt this was sent to the property owners we did not get assigned green card back page 21 is a copy of a certified mail seip uh for the notice being melt to the business owner at the 298 address page 22 is a copy of a signed green card from the uh business owner at the 298 address and to ensure service there was uh uh I did a hand delivery so page 23 is a copy of an Affidavit of hand delivery okay okay so before we proceed to page 24 Mr Marcy I'm going to um go over and discuss in detail and provide more details in a timeline from staff conversations and meetings with Mr agustini which dates back to over a year ago on January 16th of 2024 we received a complaint regarding work being done without a permit staff met with Mr agustini in an attempt to help Mr agustini suggested that he applied for a special event permit now I want to clarify the information for the addresses 298 Geneva Drive is the primary address for the business and the violation that's what we just discussed 302 North Central Avenue will be mentioned and it's a secondary location and was used for an extension of the business for Mr agustini this address was supposed to be the long-term solution for Mr agustini as it was more suitable and comparable for what his business needed he had a growing business so that's why we're mentioning 302 302 is not in violation however 302 was supposed to be the long-term solution so the trailer um was supposed to move to the 302 location that site was supposed to be developed for future business use for Mr atin okay Pages 24 and 25 is a pre-application meeting that was had on January 31st 2024 this was with Mr Robert at this application meeting um staff met with him and discussed that he would applications development Z order to be able to Ed the trailer at this location staff encouraged agustini to apply for the site development order and this would help his grow business Mr Austin applied for a special event permit so he came in discuss that he had property he wanted to he wanted to turn it into a place for his business okay um and that he also going to apply for a special event permit special event permit would allow him to be able to oper business um as far as a shortterm solution and preapplication which involves several of the staff member from different departments um it's highlighted it includes uh planning um managers it involved the fire department it included our engineer building official our director those meetings include typically everybody so that anybody coming in to discuss something or a project or maybe it's development they can receive comments from everybody um and get corre information to be able to move forward whatever process they're going to for whatever they trying to develop and so I got highlighted on page 25 Miss moer move the microphone a little F further down it's it's cutting in and out okay okay that better that's better okay so with page 25 it was noted at thise application meeting that this business owner came in so this would been 2023 regarding um a code enforcement complaint this was involving trailer Trail so we were coming into contact the Robert a back in 2023 involving some enforcement stuff um and at this particular meeting a site development Bo and Architectural design was advised that is what be required to Mr Robert a um to change of the residential property to a commercial commissary kitchen talking about um the2 address we were discussing discussing with him what process would be if he wanted to use that property as a part [Applause] ofs he was advised that a special event permit was required to resolve the enforcement and the trailer at the house of fire department so he advised what he do at that pre and what for purposes that was suggesting that use it for so the city on February 19th of4 last year issued a specialit to Robert Casi with a expiration date of May 19th so this gave 90 days for him to have um the trailer to be able to be used again all while trying to come up with a plan for how he intended to this business and come up with a more permanent solution because the the special events temporary on April 3D another pration meeting was held City staff Mr agus M brought in BL Wagner who's a civil engineer horn to discuss in details the site development order as well as a comprehensive application um that will needed to replace conservation future land downtown transition so they were discussing what would we need at the end to develop that meeting is highlighted by highlighted all the staff that was in attendance to that meeting as well so with him again discuss that P Pages 31 and 32 is another special event permit issued to Mr Robert atini on June 3rd 2024 to uh through uh September 1st 2024 again given arert a 90 days to begin the development order application process Mr a was advised that no furthers will be allowed for this location is going to be at 302 North Central Loc on page 32 under Planning number two staff advis Mr and permit a site develop site development order application shall be submitted prior to the expiration date of the special event per which was on September 1st food truck trailer shall be removed operations ceased this was September 1st no extensions have been granted at that location since three on June 12 there was application meeting June 12 2024 Mr came in uh with Blake Wagner Jing horn engineer discuss things involved in the site develop Services wrote um things the thing want highlight is the reason for the special event the reason the special event permit was not going to be extended is because it was temporary use is a maximum of 6 months the specialit what was preventing the code enforcement case forward effective and efficient applicant must be made to prevent code enforcement proceedings we need for to begin to put in to to longterm solution we could resolve could resolve his C page 35 and 36 notes another preapplication meeting held on October 2nd of 2024 on October 2nd um this meeting was with Mr for the bus primary was 29 Geneva Drive the ad Mr Aus a site development order fin engineering allation will be the only way to have the trailerly on that staff went over this process in detail page 36 I've highlighted um that that important in this meeting again showing that need to apply for um or subm application for theel Bo of engineering that the applicant is notified to development service when the trailer otherwise the code enforcement um case will be r a notice of pages 37 through 40 the timeline because I know I started with what was currently going on and then I went back to what was happening all before so that you could understand that this has not just this case didn't just start going on since January so timeline for you to to and I the page number those a little bit more detail these are going to be formal meetings so it's going to pre application meeting anytime Mr came to theity if it was informal there's some things discussed in email some things that was discussed with the Civil engine Mr Robert again Just sh that the city was uh meeting with Mr Robert essing the concern answering any questions and hopes that he will get a longterm solution for his situation again this information was discussed a timeline notes information to Mr AG show City Mr Aus um all opportunities and information he needed to get a site approved to be able to operate his bus with everything he deemed essential to date have not received a sufficient application to begin any process and food trailer remains on the site in violation as a perit expired on December 12th of 2024 this concludes my presentation at at this time deputy director of development services de prier come up to discuss more information had a couple of questions Miss Moyer yes sir so as of today Mr agustini has not applied for uh site plan approval yes we have not received anything sufficient to be able to move forward an application all the docents required for the application that will be discussed um as well by uh the plan Department right and once he applies for approval I'm assuming it'll go through the normal process yes sir and then be approved when it meets all the requirements yes be able to have a and operate yes sir all right and all of this has been explained to Mr agustini yes sir several um pre application meetings yes sir but today the one that's in violation is the one on Geneva Drive yes sir okay who who else has anything to present good morning your honor can you hear me okay yes okay so the city has umor moreor talked about C has been dealing Mr since January of last year so in order to get a food truck approved in the city you can only do it in one two ways first it would be a special EV application which mentioned temporary our special applications um are only good for 14 days that's what quote says the duration but the land use administrator can extend a special event permit um as we have been doing with Mr atini um the second way is with the site development order application um to make it a more permanent structure and we're going to go into the site development order application what he sub because he did submit a site development order application but it was not sufficient at all we'll go that so this special event per are temporary and they are duration is 14 days and supposed to be one non reoccurring event um on the site so in Mr Austin's case um we extended it twice on I'm going talk about both properties as well so it started with the um 302 Central and the reason why I started at 32 Central is because The Neighbor Next Door complained that he operating a business um on that property and it's a residential structure so we went out we had um we went out to see what was going on and indeed he was operating restaurant business on that site it was the grill um smoking he was also the house his operation for the rest he came into the city because we went out told him he was going to come in and do special event the side development application decided to go for the special event application and so that special event application I know you have it in packet going to give you this one I approach sure are right well since I already have these I won't simply place them in the packet with the other documents so if you look at the one that was issu on February 19 the expiration date was um May 19th if you look at Under Fire Department comp highlighted area that look at under the fire department a house and cannot be used in conjunction with this event and it was just because we knew he was using the house and for his commercial operations which in order to do use that property for commercial you have to inverted site development application he didn't go through that process and then it says that the House Bar are not approv for non-residential PES and if you turn over under planning on the second page it says special event permit only covers of the food trailer the applicant the use of and bar connection food truck and restaurant so that's part of that first event so may came May 19 because that's the expiration of this per the applicant wanted to extend the permit so he asked for an extension we extended it so the second permit that you have in your package which is permit 241 if you look at highlighted this is also 302 the same so the date that it was was June 3D it expired September 1st if you turn over on the back planning a highl for you number two under planning it says a development application shall be prior expiration of the special permit on September 1st 2024 where the food truck trailer shall be removed and all operations shall cease by Sunday September 1st and then it says no further extensions will be granted we have already talked to him this is showing you that we already talked to him about doing a site development for application on 302 Central so we had that conversation and you'll see it in the preapplication minutes um the notes that you have in your pack that we've discussed what a site development or application is what is a sufficient application what needs to be provided with the site development application so he he's already aware of that um of those requirements the next permit is going to be the one on 298 Geneva Drive and that's um number 24-23 and if you turn to the second page that under Planning number two it says it's the same um information um so now this one is this one is for Geneva Drive this is a 298 Geneva Drive so he moved because he did not submit a Psy development order application for the 302 Central he moved the trailer to 298 the drive and this is where the restaurant is located in this permit as well that he has to submit a site development order application prior to the expiration special event um per which expires on December 12 food shall be removed and in this one we did not Grant an additional extension like we did for 302 because this time this almost a year um want any other extension because he had submitted development order application from the first two um special event permit on2 up until now which was at this point December 12 he hadn't submitted anything so we had a meeting with the supervisor talked about this meeting we had a meeting um and it was with the city man with the develop Services director it was with um Harris so he's going to come talk about development order it was with myself and at that meeting we talked about the city manag talked about how um because he hadn't submitted a site development application to the city that we were going to move for with the code enforcement um on this property which is 28 because the permit we knew was going to expire and at that time we had not secure um an engineer to prod to provide plant for the city so at that me and the city manager did discuss that it submitted um a s development application that the city would be willing to talk to you special magistrate to give him an extension but if he did not anything and and when we talked about an application a site development order application all those pre application meetings we had with them we talked about what a sufficient application is so the city manager said if you submit a sufficient application the city would be willing to go to the special magistrate and request more time so that you can we can review the site development order application now I'm going to have Mr Harris Burns development review manager come up and talk about what he submitted the Mr Austin site development application no application no insufficient application so even start ourie and after a certain amount of days we have to basically either give it back to him or just we can't do anything so we haven't started the review yet I'm GNA have Miss the development maner come up and then I'm G to come up behind as well to finish points right Mr sis your honor um with raise that microphone just a little there well now sure perfect uh in relation to the application wased on December 19th of 204 an devel engineering was City ofo it was sufficiency day what was submitted with the application was incomplete application form along with an authorization form by the way the record on to nor avue BR Lambert owner of that property CER and authorization from and Lambert uh G authorization the applicant your record um along with environmental assessment those are the only items Sub City outstanding uh sufficient application the would be Reed to be submitted Bal with legal disc engineer architectur do an arit development order is not necessary for could be provided aration are required plans or plans uh and distribution water capacity letter waste capacity uh and justification reiation uh and and uh items out uh the applicant was December 19 application in application completely and verify all required documents submitt checklist uh is required uh to be application and then in follow emails we Prov elonga and different it deficient on okay you and my last point today is that when you he the applicant they hear if the trailer is removed that we may shut down his business and I just want to make clear that the city is not trying to shut down business at all matter of fact doing anything related to his actual building um he has not submitted a sufficient application we cannot stand before you today requesting additional time for the applicant because we don't have anything to review so our today is that the trailer be removed so the city wants the trailer removed that he's not in compliance with the um special event permit and he has not submitted a special a development order application if he were to to apply again for a special permit for the 298 location would it be granted we cannot Grant because it's only once per calendar year especially an application be granted and it's for one not reoccurring event no more than 14 days okay um I want to make sure I understand the property is owned by the Wilsons so the property yeah 298 is owned by the wi the property where the site development application should be filed is at 302 special okay but the where the trailer is now the property is owned by the Wilsons yes but the business is owned by Mr agustini yes that is correct all right right Mr agustini is wanting to develop a permanent location on the Central Avenue okay okay yes all right thank you all right Miss Korea Mr Mar good morning uh what I would like to clarify the challenge for us on extension of the special event permit is that once submit a sufficient application submitted it will take approximately 4 months to 6 months to approve the S and then he also has to have the tra in compliance with code he also have to do the site construction so we really talking about almost near a year of extension so right now what we have is that if in January this process have started then he would have now a comp but if we starting now we we still don't have a sufficient loation the extension for temporary permit have to be at least year to be able to have on site so if you were to apply tomorrow with a sufficient application it would take four months to a year so um there is a question that if he going to impact um an area that is under conservation future land ation so that is the case we talking about comprehensive plan the future land map Amendment which is another application since we do not have the the plans yet we do not know how many applications he will have if he doesn't um um impact that area it will be a quicker application right but if he does then we will have to do an amendment to a future L map so that is another application and that that's why we're saying six months it could be four to six months depends on review of an application of a or any application our time is on clock so when applicants submit for us we have you know the first review has Max of 28 days a second review is 21 the third review and any reviews is 14 days but we do not control the time the applicant has to make the U PL compliant but this is the challenge for us we want to have um need to have his business we have there's no judgment or value on his business business is a good business for the city and we recognize that but we cannot have a trailer that is not compliant with the code being there for so long okay thank you thank you anyone else have anything on behalf of the city all right who wants to speak on behalf of the respondents Mr agustini just state your name into the microphone I know who you are but sure Robert Aus own bris 298 okay what do you have for us it's a lot well that's going on um I want to thank the city like I said we've met several times and you know I'm not a person of great wealth or anything started a barbecue business uh started with a food trail we served the public and um for a few years Miss Glenda's Miss Wilson building became available and we thought hey let's see if we can get in and um to drive our home every night sounded like a good I realize how busy we um within the first year we won uh Best Restaurant Award I don't even know how we did that and then someone told me congratulations on your uh critic's Choice best barbecue of the Year from the Orlando Cent I didn't even know we had I found out someone telling me so and we had some other Awards and just grew thank god um right now we employ about 23 employees uh my payroll is just ,000 a have $40,000 a month and um these people are college students to adults to career and Chef people that work there now and the city and I have the same goal um is to be I really appreciate everybody on the city people say to me and you know it's a small town people here we got move the trailer first the trailer is never used to serve the public the building that in is 300 Square ft we do anything it gets pretty crowded I say it's like working in a submarine and there are several components there's when you walk in the door there's the people that cut to me cash register and right behind that person in a little four by three table they do all the preparation of that doesn't any space not even a foot for the Masters that we have to car meets get them prepare put put them on smokers off the smokers put in refrigerators or warmers afterwards so we just need space for that um the food suffices we don't cook anything in the we don't public all we do is process the meat that we smoke and we have two refrigerators in there one warmer and that's all in supp applies and that's it is uh St approved meet all state code regulations so not sure what to do with that uh but after a lot of counil from them so at first we had it there and they we can't have it there okay so we didn't know to do we found a place around the corner2 North Central and we rented that place commercial for a restaurant so we thought hey perfect so we rented it for a few months and then uh purched it we thought okay this is our plan then we're experiencing growth the property now can't handle growth so we'll build a Resturant around per so we uh we mentioned that the city so we're going to bring the there is should a permit and like they said a permit is only good for 14 days the people that administrate for the city have gone over backwards to help us they gave us uh extension 3 months another three months and so many people say well what's the big deal it's just a trailer in the back but the big deal is they have to abide by their that's what they get paid to do whether they like the code don't like the code doesn't matter and I respect that and I appreciate your kindness with us too today so my goal is to get the property um as soon as we can get 302 in compliance that'll go the same day because we won't need need somewhere to put process everything um horn the engineer Lake work represents I was recommended to they did the ace property that's next to us Ace building so he contacted him uh he went to some of the meetings with the city and um thing too cost a lot of money which is kind of new and um you're not talking like of 5,000 bucks could be 50 60 $100,000 into plans and surveys and all that stuff by the time we're done so we hired them and they went out and they submitted started the submission he can explain submitted I don't know all that stuff uh but we did submit things to the city application Etc uh one application that was submitted in December requires a lot of components uh such as an architectural PL well that takes kind of months to get together and uh money Etc so and then the holidays and you know just we submitted what we could Blake that and then again he can tell what he else submitted so we're trying to meet their time although we're not doing the best best job not because we don't want to just because of all complications put it all together in the timeline they want but we are working hard at it so I have a few questions you own the property at 302 Central I have a business partner Brad lamber he's my brother-in-law he lives in Indiana 's a commercial developer and um he I'm the work guy he's the does he own the property or do you own it he bought it his name yes 302 so he owns the property yes so yep uh so what is your plan to lease the uh the property from him what what exactly are your plans for 302 uh we are 50/50 business partners in brisket barbecue LLC so our plan is to build a on that property and we started the process for that by hiring Kimberly and just going through the steps and this is your brother-in-law my brother-in-law yes sir so it again I want to make sure understand you uh you you want to put a what brick and mortar or yeah building on that property right no no trailer anything how far have you gotten with your plans for the brick and mortar uh building well a lot of STS we first we purchased a property uh second we hard an engineer they've done an environmental study on it already they've done some Cy would you should I come up right now sure if he if he want to speak in this is [Music] Mr yes sir morning this is Mr Wagner Wagner okay kimes so I fully understand the application we submitted in December was deul insufficient uh we currently weren't under contract uh to submit the site development order we just submitted the application itself although it was incomplete and we intended to pay the fee uh but didn't receive any uh fee details because because the application was insufficient uh we are currently under contract to provide services development order that was earlier we receiv you know to start plans uh the environmental assessment for the has been uh compl that was submitted with the uh order application uh client and Mr Mr have Services of a geotechnical engineer geotechnical analysis that's required for the design plans uh and then be starting once we get the GS analysis starting the um Full Construction PL for the site plan is to construct roughly a 3,400 foot s alone restaurant and then once we geotechnical analysis we can submit City within weeks have have architectural plans been uh drawn up for the building I'm just a civil engineer so I don't believe they have uh but I'm not responsible for that Mr Mr can speak to that but as of right now no sufficient site development application has been provided to the city correct why is that these things take time it you know back in December uh we were under contract to provide those Engineering Services the plan take six to eight weeks to complete and then we just got to go ahead this week to perform those Services how long will it take you to put in the hands of the city um a a sufficient site development six six to eight weeks so you're really 6 to8 weeks away from even initiating the process correct um Mr agustini how long have you know that a site uh development plan was would would be necessary we've talked about it since we started talking with the city how long on what day probably over a year at this point when did you first hire the engineer uh I think February 2020 so we have been moving forward again I'm not an engineer I'm not a commercial Builder just have to refer to information and request to me and then talk with Brad and find somebody to fill the requirements that they have and that's what we working with well right now of course the trailer is sits at the back of the small small building uh when you had the trailer over on 302 was there a building there at that time yes right now 302 is next to the 134 next to Ace hard so there's a house on the front and there's an old in the back and and um when they initially said we couldn't have the trailer on the restaurant that's when we found property and uh we move it over there because again commercial we didn't realize the business use was still residential never converted to commercial the property was no commercial we thought it was but but kind enough to a um tempor for use and we put our smoker there smokers and the trailer and then I have a truck that was used for meals on as a hot box we would transport Meats to the restant and the state approved that using the truck to do that so that worked out okay for just round the cor and then um that expired and time having meetings with them and I would initiate meetings it wasn't they called me you got to do something no I would initiate it because I want to be proactive and do the right things and um again they've been very kind so here the restaurant's grown oh during this time I have looked and looked and for places to move the well or not even trailer maybe there's a second generation restaurant Goos down and we find one place post office real they're going to knock that down 10 at it seems like they will within a couple years it would have worked out let's say last years would have worked out because we wouldn't need the trailer at that point all our meat in that loation but it didn't work out with the real requirements for us so work out I also look at warehouses all around the city outside of the city and there are warehous not many but one would smoker um another one would but it so expensive and don't forget everything that outside of is what we don't mind doing as it's there but just compound and the trailer is the smoker what we have is we have the little building in front then we have our smokers the trailer right next to the and and they just cut the meats in there they put them on the take them off that's all we for it's extension of the there no public comes in the trailer we don't serve anything no no stoves nothing that all right anything else that on behalf of the respondents any want else want to speak to this all right thank you Mr youtini uh I would like to hear from the the city again on exactly what they see as the solution who wants to speak to that planning the zoning manager Korea what do you see as the solution this short of just shutting down the trailer it's again it's the challenge for us right technically let me mar we don't even have techn an application there was no fee paid to right so we are call insufficient application but if you don't a fe well you don't even have an application for 298 we do not so um um again we would like to help but I don't see a time frame that we can work on the city not opening a prent because special permit is supposed to be temporary the code gives two Pathways for the trailer to be compliant with the code either on a temporary basis through special V permit or a side plan and we have and it could be a side plan in either locations right could be a side plan in Geneva too Geneva the has some um um uh challenges it's a small um sign has you know still right away on the back um that could be located but it's not process um so I cannot see how we could offer another year because this is really again if they apply tomorrow right we just that they will need at least 6 to8 e even to be able to apply you're speaking that the still not yes well the only the only real violation in front of me today is the 298 uh and uh doesn't seem to have been even an effort to apply for uh sight plan uh side development plan for that property not not Virginia no okay um although we have talked about it there are some geometry you know challenges with that small property um so I I'm really what we would like to see is the moved um for another property or within the city then it's going to be permit but again maximum of 3 months it's hard for us to say that we are committed to allow a year right work with you you propose but I it's hard for us to propose a year extension a temporary structure because we have that before all right thank you especially since already a year having the conversation so it will be that the trailer in existent um without that permanent structure and let's see the temporary permit that was granted was for for how many days it was for 90 days 90 days okay we we Grant special event permit for 14 days that's what the code allows and then it allow luse administra okay thank you Mr agustini yes sir um thank you on the 298 site development we had discussed that and she mentioned there some geometric blockages whatever to actually doing a Cy order the building was built in 1965 and how it's figured is there is a the property itself from the building the property line very far goes towards the Street to the left is a residential to the right is a right of way potential Street at some point which he said might be and then residential so this was a a car made residential so we talk about the site development order there and if you use uh today's code it could not get approved because you have to have setbacks for various components uh no room for setbacks uh you would have storm drain off and there is no place for storm water dra the code is built and should be fair restaurants which it is when you compare the building from 1965 today code it just presents some Bas challenges from that time to this time so that's why we chose not to the site development for 298 because talk about it um and they would say it but we have the challenges I don't think I get so that's the reason we never on there but trying to figure it out and okay that okay thank you well the problem is this situation cannot continue indefinitely it seems to me Mr agustini that you know uh you you've not been terribly diligent about uh getting the necessary approvals uh to have a place to put that trailer or a business to replace it uh it's present location on 298 uh Geneva Drive it has been there past the extension um even even though it may work a hardship I'm going to give you until April 30th of this year 5:00 p.m on April 30th to uh move the trailer if it's not moved by then then fines of $125 a day will begin to ACR so uh you'll have to do whatever you have to do to find a place for it or to get the necessary approvals for some other location but if the trailer is not gone by April 30th um you will be fine $125 a day okay yes that be the owner and you are again Mr Wilson Rodney move your mask so I can Rodney wison okay with that uh find the appr towards us Property Owners or his business uh it's going to be directed to both both of you other words if it's not gone in by April 30th uh actually you're the property owner right the fine will recruit to you okay okay yes sir thank you yes Mr atiny yes yes yes I want to say thank you and one one more thing have been working to be just compliations along and see what thank you had discussed as long as we're moving forward on 302 that perhaps we could leave the trailer there until such time as 302 is sufficient to take the trail off I can't address 302 today all I can tell you is that the trailer on a on 298 uh Geneva Drive has to be gone by April 30th or the fines of $125 a day will acre to Wilson's yes uh I'm giving you plenty of time you are to try to salvage the situation right considering that you've already had a year to do that I think that's very generous uh I think that's EXT but uh I I sort of tell you now if you come back for an extension in in April I'm not going to be inclined to Grant it it's time to uh as they say in Old Florida Fisher cut bait I got you okay okay well I appreciate your generosity and thank you okay I will be submitting a written order and the city will be mailing it to you right the next item item on the agenda is Cas c25 hyphen [Music] 00009 that's uh only the ninth case this year um involving John and Francine lentes uh the property is 17 Kelsey Avenue ovita 32765 the partial ID is 23 hyen 21 hyphen 31 hyphen 505 hyphen 00000000 hyphen uh uh 0250 the allegation is the maintenance of a public nuisance which would be a violation of uh ordinance 22-44 C9 who's going to be doing that on behalf of the city that would be Miss Long Street yes sir okay and that's Lindsay long yes sir l i n d SE y yes sir all right who's going to be speaking to this other than Miss Long Street anyone yes sir would you come forward and you are John lentis all right would you both raise your right hand you solemnly affirm that any testimony you're about to give shall be the truth the old truth and nothing but the truth all right we'll hear from the city Mr lentis then we'll get to you okay morning Mr speciate I have a package of that I'd love to evidence okay put that microphone a little closer thank you so I have a package of P that I'd like to submit to evidence yes thank you br that's been supplied a copy to Mr lenes okay 20 pages will be entered into evidence as City's exhibit number one all right on January 8 2025 I received a complaint about several violations at the property of 17 however we here today specifically for the unsecured pool this time so after I received the I have proceeded for the code enforcement process Pages 1 through 4 are going to show the property card showing and Francine L own the property at this time Pages five through eight show and hold loto order and email that was sent to the staff from company photos of the back showing that the property does have a PO and also if you back to page of property card it does note that this property of Kel has a pool I just kind wanted to get into that to show the of pool at this property okay so page nine was January 8th um it's the photo of the house where the violation is at and then 10 and 11 um show the this repair thus the being unsecured at this time and this is uh the back of the house from the uh street over okay the street the the fence is fairly dilapidated yes sir and then page 12 is going to be the of violation that was um issued to lenus showing that he had until January 11th to place a barrier to fully secure and enclosed was certified mail page 13 is the receipt and page 14 is the sign green card he was also um spoken delivered a notice as well just the of it being an pool in a hazard so I spoke with him on the eth of the to be 72 hours which would the date of January 11th 202 then Pages um so prior to my reinspection I didn't speak to Mr Lenton he called to advise me that he was going to be unable to secure the at this time due to financial restraints and other personal medical issues so we did go back out inspect the property on um January 14th so Pages 15 16 and 17 are the inspection photos still showing where the fence is um missing and all to be unsecure okay well look look you're back at the pool again just a second and then P 18 is a copy of notice of hearing that prepared for today's hearing January 2325 he was sent a copy certified mail uh page 19 certified ma receipt we did not receive the Green Card back yet at this time however page 20 is going to be the a delivery well I find it's a threshold matter that all notices required by ordinance in Florida law have been provided uh to the respondent excuse me but I want to look again at this pool or excavation so in in closing this uher is obviously still violation at this time causing an imminent threat to Public Safety th Su speak at the Special M okay well I see that the fence is clearly a violation yes the pool itself um this I guess this is a swimming pool yes yes sir um is uh any any problems with the uh state of the pool I mean is dirty we were unable to determine the state of the pool we weren't able to see it on the day of just um that's why I provided the old case to show that there was actually pool and the property showing there at pool um due to the fence being up mostly around the fence and the graph being tall I could not view the pool myself that day but it was also confirmed by Mr Lenton about the pool the condition looks like not sure know it's unsec so in in addition to the fence we may have a problem with a pool that is a breeding ground for yes sir disease and unsanitary so we don't know that at this point in time correct all right anything else for me no sir that's all right Mr lentes we'll hear from you morning what do you have what do you have for us Mr L um well let you said right the pool's not up to date um I have a lot of physical uh disabilities that I can take care of the fence grass um the previous Cod enforcement da Stevens he had gotten the uh Ultimate Image people that do the development to come and cut my grass and do what's needed but uh I mean right now my mom's helping me with my mortgage I'm I'm disabled I'm a disability I make 600 bucks and that for you know like I mean I want to participate it's just I'm physically unable to my wife just got through breast cancer and indent well Mr lentis here's the problem uh as an attorney over the years I've handled numerous cases where children have gotten through fences that had holes in them and drown uh so I'm I'm very sensitive right uh to that issue and the city's very sensitive to that issue right now you have a pool I don't know what sort of condition it's in but it looks from the photographs that it may be in a state of disrepair itself do you swim in that pool we used to how long's it been since you swam in the [Music] pool well I I know I have to get I don't even have transportation walk something's got to be done about to get my neighbors some of them to go out and buy get shot sh and do that um with the grass and the fence I need help yeah help I know it's going to be a lean I have no other choice I can't physically do it myself and I don't have anybody I I've been here 25 years yeah well I I I certainly sympathize with your situation but we cannot have that fence uh open where some some kid can get through and get drowned yeah but there's no children in the it doesn't matter sometimes they uh and uh you it does happen I can tell you know I could tell you stories that the last case I had little girl was named Sunshine she wandered in the pool was so dirty that they had trouble finding when they got her out she was brain damaged uh so uh I'm not going to give you a long time to fix that fence uh I'm going to give you 30 days that would be uh and and frankly I'm being generous and hoping that nothing happens in that time uh if you think you have problems now that little if some child comes in there and crowns you you've got real problems uh I'm going to give you till February the 20th 5:00 p.m. to uh secure the to secure the secure the fence so that no one can get through it and get to that pool uh I'm not ordering you at this point in time to make any corrective measures on the pool simply because I don't know what what its condition is uh but I suspect it's probably also in violation of the statute certainly defense is a public nuisance uh if if it's not uh corrected by 5:00 p.m. on April on February 20th then fines are going to acrew at $50 a day until it's corrected now I have a question could Public Works Ando actually come out you can talk to them about that but uh I that's nothing I can I can tell you m Moyer you sir yes sir I just wanted to state that in order for him to pool didn't issue the compliance St for fence because the fence um necessarily have to be the barrier for the pool you could go and get a uh a child uh fence that would go around so that's less costlier that's something that you brought in the store Amazon so um there's ways for him to the pool that's less clier to ensure safety for um children Which is less costly because if get the fence we're talking maybe depending if youing it that be in upwards of the thousands um that other option which uh I would encourage you to go to the building department um and speak building official he can tell you exactly what you would need to have which is a l costlier way and I think because we deal with a lot for you to be able to get that in I think that's very reasonable it should be reasonable even baring that would have been temporary but no sir it's theprof so it will one end of the pool the other that's yeah so they'll give you the information on it next door but um it's a less weight and we've had people use that because that by the full code is improved way to secure the pool it doesn't even have to be 6ot fence that around the property although you'll still be in violation at some point for that um but to immediately secure's a less costly way for you absolutely to get it SEC yeah we're talking about securing the pool not the yard at this point in time uh but it's got to whatever you put around the pool got to be something that is an approved child barrier and Miss Moyer's right that they do make those things because I had one put around my pool at one point in time who put that around I I I bought it put well it was just one of those things that you that sort of interlocking it was like a rail system and I don't even remember where I got it at the time but U you but any however you do it the pool has got to be secure so that no no child can get in okay all right and I wish you well thank you very much thank you anything else to come before us today no sir all right