DRAFT MINUTES
CODE ENFORCEMENT HEARING
City Hall, 516 8th Avenue West, Palmetto, FL 34221
Special Magistrate: Daniel P. Lewis, Esq.
August 27, 2024
2:00 p.m.
In Attendance:
Daniel P. Lewis, Special Magistrate
Jake Bibler, City Planner
Jeff Bowman, Code Enforcement Officer
Rob Lamensa, Code Enforcement Officer
Ken Sexton, Code Enforcement Officer
Penny Johnston, Executive Assistant
Special Magistrate Daniel Lewis called the meeting to order at 2:00 p.m., followed by a moment of silence and the Pledge of Allegiance. Mr. Lewis explained that the hearing was a quasi-judicial proceeding in which he would be making the legal decisions and findings of fact based on the relevant evidence and evidence presented during the hearing in accordance with the City Code of Ordinances. All people wishing to speak were duly sworn.
1. ADDITIONS OR DELETIONS TO AGENDA
No changes were made to the agenda.
2. APPROVE MINUTES
Code Enforcement Hearing Minutes dated July 30, 2024 were approved as written.
3. PUBLIC HEARINGS
John and Nancy Fasel
1711 17th Street West
Palmetto, FL 34221
Violation Location: 1711 17th Street West, Palmetto, FL 34221
Codes Violated: Chapter 6, Section 16-28 (d)- unlawful to keep a goat within the city.
The Administrative Order dated August 1, 2024, was not successfully served so Code Enforcement Officer Ken Sexton requested an amended order with a new compliance date of September 17, 2024.
STIPULATION: Magistrate Lewis granted an extended compliance date to September 17, 2024. The case will be heard again at the next hearing on September 24, 2024.
B. Case No. 24-05
T-Bolted, Inc.
Thomas MacDonald
6601 36th Avenue Drive West
Bradenton, FL 34209
Violation Location: 313 9th Street Drive, Palmetto, FL 34221
Codes Violated: Chapter 7, Article VIII, Section 7-182- No fence shall be erected until a building permit is obtained
Code Enforcement Officer Ken Sexton presented details and photos for the Magistrate’s consideration and to be made a part of these minutes. Mr. Sexton first contacted Mr. Mac Donald on December 29, 2023. A Notice of Violation was sent out July 9, 2024, giving the respondent until July 31, 2024, to obtain a permit for the fence. There have been conversations with the Respondent where he said he would get the permit but has not followed through with that promise. Staff recommended giving Mr. MacDonald until September 13, 2024, to come into compliance by getting a permit, and if no change, staff suggested a fine be assessed.
Mr. Tom MacDonald, one of the officers of T-Bolted, remembers speaking with Mr. Sexton on December 29th and has just stopped working on the fence. He continued that he started getting a permit but there were a lot of hoops to jump through. Mr. MacDonald feels that he can get the permit by September 17th. Officer Sexton says that if he comes into compliance the case would be closed.
STIPULATION: Magistrate Lewis found the Respondent in violation of Chapter 7, Article VIII, Section 7-182 of City ordinances and was given until September 13, 2024 to correct the violation by getting a permit. The case will be heard September 24, 2024 to determine if the order has been complied with and whether a daily fine should be imposed.
Ms. Maryanne MacDonald confirmed that all that is needed is a permit for the fence.
C. Case No. 24-06
Joseph Adzhemyan
511 Highland Street North
St. Petersburg, FL 33701
Violation Location: 1036 10th Street West, Palmetto, FL 34221
Codes Violated: Appendix B Zoning Code, Article IV, Section 4.2- table prohibits two family use in CG district
Code Enforcement Officer Ken Sexton presented details and photos for the Magistrate’s consideration which are made a part of these minutes. Mr. Sexton opened the case on March 14, 2024. A Notice of Violation was issued April 2, 2024, citing a duplex reconstructed in the wrong zone, giving the respondent until May 1, 2024, to come into compliance with the zoning schedule. Mr. Sexton has had several contacts with Mr. Adzhemyan explaining that the property is not zoned to be a duplex. May 29, 2024, Mr. Jake Bibler, City Planner, and Code Enforcement Officer Sexton met with the Respondent, providing a solution to continue, by converting the property to a conforming use by going through a conditional use approval process. The Respondent was happy to hear of a solution and promised to submit an application, however to date, the Respondent has not started the process.
Staff recommended converting the property to a conforming use.
Mr. Adzhemyan asked if Louanne Varholick, PhD. Clinical Neuro Psychologist could present his case. He stated she is his “confidant” and assists him with many things. She is not an attorney. She has personal knowledge of this matter, and she was present at the May 29, 2024 meeting with Code Enforcement. She questioned if Code Enforcement had received the emailed property appraisal. She shared details of the property. The property was purchased by Mr. Adzhemyan and his then wife, Robin Hamlin in 2016. It was a marital asset and underwent substantial renovation from ceiling to subfloor. She opined the façade of the building appears to be a duplex with two entrances and two exits, and it was remodeled as such. Remodeling was completed and the property was being rented as a duplex by 2017. In 2022, as part of the dissolution of marriage, the property was quit claim deeded to Mr. Adzhemyan as part of the equitable division of marital assets. Ms. Varholick shared her opinions and submitted attachments A- Appraisal Report, B- Property Record Card, C- Listing Agreement, and D- Property Locator. Mr. Adzhemyan believed, in good faith, according to the appraisal, that the general commercial “duplex” was grandfathered in, and allowed to be a duplex. This property creates about 48% of his monthly gross income. Additional real estate properties also contribute to his income. He is waiting to hear about disability income.
Mr. Adzhemyan feels he is being strong-armed by the City being forced to bring the property into compliance. Due to stress and several health issues, Mr. Adzhemyan feels he has no option but to list the property for sale. Ms. Varholick cited State of Florida 5th District Court of Appeals Lewis v. City of Atlantic Beach zoning laws about non-conforming uses, and the opinion that the City has plans for taking the property. The property is listed as commercial property with CG zoning, and asked the City to allow continued use as a duplex until the property is sold.
Code Enforcement Officer Jeff Bowman asked when renovations were done. Ms. Varholick replied that they acquired the property in 2016 and by 2017, the property was fully remodeled. Mr. Bowman remarked that 1) no permits were obtained for renovation in 2017. 2) Legal non-conformity is only applicable if the use was approved prior to a code change. 3) records show that it was a real estate office from 2005-2010. A real estate listing also shows as an office and an efficiency. Mr. Bowman stated if you changed the use in 2017, there were no permits, and whatever legal non-conformity you might have had does not exist.
Louanne Varholick rebutted that at the time the property was acquired, responsibility for the permit should be on Robin Hamlin, owner and realtor. Mr. Adzhemyan was not a healthy man and in no position to anything other than to believe his wife. Mr. Adzhemyan and his attorney believed the property’s grandfathered use as a duplex.
Code Officer Bowman remarked that staff did receive the appraisal but that does not make the property compliant. As zoned, the property allowed to be an office and a residence. According to the sales listing, that is probably what the property was originally.
Ms. Varholick insisted Diana Pearl is a licensed appraiser, and she indicated that duplex use was allowed. Lay people like herself and Mr. Adzhemyan believed the professional in good faith. The May 29, 2024, hearing offered a solution but there is a cost for the process and the survey. Mr. Adzhemyan is also behind in his taxes. He does not have the money to solve this problem.
They are proposing to allow him to continue as a duplex until the property is sold. After the sale of the property, it would be full CG general commercial use.
Mr. Bowman remarked that Ms. Varholick has vetted a lot of information but has made no contact with the Code Enforcement Officer about your needs.
Magistrate Danile Lewis asked when the property was first used as a duplex. Responses could not be heard on the microphone.
Jake Bibler, City Planner clarified that for Attachment D, the County’s Property Locator map, the future land use category is listed as CITY because it is in the city limits not the county. Magistrate Lewis asked when duplex use was allowed at this location. Mr. Bibler stated the zoning table was enacted in 1987 and has been amended. Code Enforcement Officer Mr. Bowman says that irrespective of whether it was a duplex or not, renovations were not permitted and therefore not legal.
Only research shows that it was an office from 2005-2010. Ms. Varholick added that the property was purchased as a very dilapidated single-family home, and inferred perhaps a slum lord situation.
Joseph Adzhemyan stated that between the two buildings there was a wall missing, that separated the duplex. The exterior of the property shows that it was a duplex, with two doors in the front. The interior was fully gutted and then renovated.
Magistrate Lewis clarified that the City is asking for the property to come into conformance with the current code. Officer Bowman noted that the real estate listing in 2016 when Mr. Adzhemyan and Ms. Hamlin bought the property details the property as Spanish style bungalow built in 1926 which was used in the past as a real-estate office and has a CG zoning for commercial use; with 5 bedrooms with 1 ½ bathrooms and is currently used as a residence with a tenant on a month-to-month basis. Renovations in 2017 were done without permits and made the property into a duplex and it does not conform with legal code. The City is not being over zealous, they are trying to help you come into conformity. In 2016, the zoning and the use of the property was known.
Louanne Varholick reemphasized that from 2005 – 2010 it was a real estate office, and after 2010, something happened to create this dilapidated interior being used as a single-family rental. She saw no indication that there were two side-by-side units.
Magistrate Lewis summarized that what was said in a family-law case does not have bearing on a Code Enforcement matter. That could be taken up in a family or civil court.
Based on the sworn testimony and evidence presented, Magistrate Lewis found that the property is in violation of the City Code of Ordinances and that it was previously in conforming use in 2016, when the property was sold, so non-conforming use is not grandfathered in. The Respondent is given until October 28, 2024, to sell the property or come into compliance by converting the structure into a conforming use or obtaining a variance. The case will be heard on October 29, 2024, at 2:00 p.m.
Mr. Adzhemyan made several comments but not on the microphone. He is going to have his attorney contact us. He stated that tenants are only living on one side of the structure.
4. OLD BUSINESS
None
5. NEW BUSINESS
The next Code Enforcement Hearing will be scheduled for Tuesday, September 24, 2024.
Magistrate Lewis adjourned the meeting at 3:19 p.m.
Minutes approved:
______________________________
Daniel P. Lewis, Magistrate
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