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MAGISTRATE PRESENT:
Daniel P. Lewis, Esq.
STAFF AND OTHERS PRESENT:
Cassi Bailey, Assistant City Clerk
Jeff Bowman, Code Enforcement Supervisor
Kenneth Sexton, Code Enforcement Officer
1. Special Magistrate Daniel Lewis called the meeting to order at 2:00 pm, 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.
2. ADDITIONS OR DELETIONS TO AGENDA
None
3. APPROVAL OF MINUTES
Code Enforcement Hearing Minutes dated February 25, 2025 were approved as written.
4. NEW BUSINESS-PUBLIC HEARINGS
a) CASE NO. (ECE24-1415)
LANCE THOMPSON AND NATALIA YUREVNA LIKHACHEVA
4907 82ND PL E
SARASOTA, FL 34243-4339
VIOLATION LOCATION: 515 15TH AVE W, PALMETTO, FL 34221
CODES VIOLATED: SECTION 4.2 TABLE PROHIBITS TWO FAMILY USE IN SINGLE FAMILY RESIDENTIAL
Mr. Kenneth Sexton stated that the property is zoned RES3-Residental. Mr. Sexton highlighted a PowerPoint, which was included in the agenda, and an updated version that was shown was made part of the Minutes. Mr. Sexton shared that he met with Mr. Thompson on April 28th at the site. The north unit was vacant, and the second mailbox was removed. The property is conforming effective April 28th and Mr. Thompson informed Mr. Sexton that he did not intend to pursue a re-zone at this time.
Code Enforcement Hearing
April 29, 2025
Page 2 of 2
Mr. Sexton recommended a finding of fact.
Mr. Thompson requested a motion to dismiss. He purchased the property in 2018 in good faith, and it had two entrances that could be used as two rental properties. In 2004, the original owner added a second structure and didn’t do a rezone. Mr. Thompson didn’t know he couldn’t rent them as two properties. He wants to bring the property into compliance. He didn’t do any construction since he owned the property. He provided pictures of the structure when he bought it in 2018. He has now removed the second mailbox and there is one family living there. It was being used by two families. The second family left in March. It is now being used by only one family.
Mr. Lewis stated that based on the zoning code the property can only be used for single family use. Ultimately, the prior owner shouldn’t have changed anything. Mr. Lewis can only enforce what is before him. He sympathized with Mr. Thompson who thought he was buying a multi-family residence. He is going to find him in violation, but he’s not going to attach a fine. There was a violation, but there are no fines as it is now in compliance. If he puts two families in the house in the future, it would be considered a re-peat violation. If he wants to submit a re-zone, he would need to do so with the City.
ORDER: Based on the sworn testimony and evidence presented, the Magistrate
finds the respondents violated Section 4.2 of the City Code of Ordinances, but that the Respondents corrected the violation prior to the hearing. The Respondents are put on notice that future violations of Section 4.2 will cause the Respondents to be deemed a repeat violator and subject to a fine of up to $500.00 per day for each new violation beginning on the day the violation occurred.
5. OLD BUSINESS- PUBLIC HEARINGS
None
6. SETTLEMENTS
None
7. UPDATES
The next Code Enforcement Hearing will be scheduled for Friday, May 30th at 2:00 pm.
Magistrate Lewis adjourned the hearing at 2:15 pm.
Approved: May 30, 2025
Daniel P. Lewis
___________________________
Daniel P. Lewis, Magistrate