CEB_07-24-90_MinThe Code Enforcement Board of the City of Longwood, Florida met
on July 24, 1990 at 7:30 P.M.
Present: Pat Corbin, Chairwoman
George Holleman
Gloria Latosk i
Jim Duncan
Frederick Pearl
Dick Davidson, CEB Attorney
Dawn Jackson, Recording Secretary
Cathy Price, Code Inspector
Absent: Sondra Lomax, excused
Betty MacDowe11
11 The meeting was called to order at 7:30 P.M. on July 24,
1990,
2. The secretary called the roll and advised that Ms. Lomax did
call and reported that she was ill. Ms. Corbin took this
time to introduce Dr. Pearl to the other Board members.
3. Approval of minutes: Motion by Mr. Holleman, seconded by
Ms. Latoski to approve the minutes of May 22, 1990 as
written. Motion carried by an unanimous roll call vote.
4, PUBLIC HEARINGS:
A. CEB -1083 - Thomas & Marquerite Soh
Samuel S. & Esabella Soh
Baywood Avenue
Baywood Industrial Par k
Longwood, Florida
Violation of Zoning Ordinance #495,
Section 5OS.1, 5O8.2A and City Code
Chapter 12, 12--1 (b) and Chapter 12, 12-
2 (5)
Ms. Price was sworn in and presented the case. This case dated
back to August 1988. This property is a warehouse consisting of
twenty (20) units. The zoning is I -1, however it is located
directly beside C -3 zoning. Ms. Price made numerous attempts to
contact Mr. Soh both by telephone and letter. Ms. Schneeman of
Schneeman Realty was the original complainant regarding the bands
and disturbing loud music. There has also been a problem with
the socializing, people accumulating to listen to the music.
This promoted littering of fast food wrappings, beer bottles and
trash. There was a wood fence separating Mr. Soh ' s property from
the Schneeman' s property. However due to the traffic and people
cutting through the fence to access the warehouse the fence came
down. Ms. Schneeman f e l t no need to replace the fence until the
bands were removed. The Police Department was called out on
several occasions. officer Barows did write a complaint
CEB /July, 1990
Page Two (2)
concerning the loud band p l a y i n g , per c o m p l a i n t s received from
residents in Longwood Greens. On July b, 1990 Ms. Price
received a note from Mr. Soh advising that he had posted notices
for the bands to vacate the warehouse. Prior to the meeting, Ms.
Price stated there appeared to be only one band remaining. Ms.
Price expressed that she felt Mr. Soh should be found in
violation due to the period of time these violations have been
going on and the probability that if he is not found g u i l t y that
the violations will reoccur immediately in an effort to occupy
the b ays .
Mr. Samuel Soh was sworn in. Mr. Soh stated that he dial not know
who was playing music because he had his business to run and does
not have time to keep an eye on this property. He stated Ms.
Price's request pertained to bay #4, #10 and #19. All three have
moved out. Next Ms. Price advised him that bay #5 and #7 also
were occupied by bands. Ms. Soh stated that he rode by before
the meeting and the doors were wide open in both bays, assuming
they had also moved out. Mr. Soh felt it was not his job to
please all the people. He felt the Police Department should
handle the situation. Mr. Soh did not feel he was in violation.
Mr. Duncan questioned if Mr. Soh rented to other than bands. Mr.
Soh was not sure of his tenants . He assumed several were bands
due to the fact that they have moved out. Mr. Soh stated that he
rents the spaces out for storage.
Ms. Gloria Schneeman was sworn in. She and her husband own
Baywood Plaza. They have had to call the police over twenty (20)
times in the last three years for different reason regarding
these bands; lots of traffic, people urinating on the building,
beer bottles thrown on the roof causing drainage blocking and
racing. The Schneeman' s have lost four tenants on that end of
the building. Ms. Schneeman stated that the music starts during
the day, expressing how hard it is to conduct business with this
loud music.
Mr. Brian Mitchell was sworn in. He was one of the members of
one of the bands. They have only been there two to three weeks.
He further stated that most of the bands have left, and he f e l t
it was wrong to punish all of the bands for an action of o n l y a
few. His band would like to stay and they would abide by any
rules laid dawn.
Mr. Duncan asked if Mr. Mitchell was aware that the lease stated
it is for storage only. Mr. Mitchell was not aware of that. Mr.
Duncan asked if they practiced during the day and to what time at
n i g h t do they practice. Mr. Mitchell stated that his group does
not practice during the day and they practice no later than 10:00
P.M, because Mr. Soh told them not do due to the residential
area. Ms. Corbin asked if Mr. Soh knew that they were going to
CEBIJuly, 1990
Page Three (3)
use the bay for practice. Mr. M i t c h e l l stated that Mr. Soh was
advised of what their bay was to be used for. Their lease was
signed about a month ago. Mr. Mitchell stated that they occupy
bay #5, which currently was housing their instruments and was
locked a t the t i m e of the hearing .
At this time the hearing was closed. The Board discussed the
case, the f i n d i n g s of fact and the conclusions ❑ f law were
determined as follows:
FINDIMBS OF FACT
11 Instrumental rehearsa 1 or performance are not a permitted
use under the existing I -1 classification.
2. Hands have been allowed to occupy the property with the
owner's permission.
3. These warehouses were built for the purpose of storage.
4. Bands have generated loud music and have attracted groups of
individuals who have littered the area resorting in resident
complaints.
5. The loud music along with the traffic and the littering
disturbs the quality of l i f e to the surrounding areas.
Dr. Pearl made a motion to incorporate these findings into an
order. Mr. Duncan seconded the motion. Motion passed by an
unanimous roll call vote.
CONCLUSIONS OF LAIC
1. Respondents are guilty of violating Zoning Ordinance #495,
Section 508.1, 508.2A and City Code Chapter 12, 12 -1 (6) 12-
2 (5).
Mr. Duncan made a motion that Mr. Soh is given two weeks (14
days) to clarify the matter and come into compliance. If the
bands are not removed within the two weeks, Mr. Snh will be fined
$250.00 a day. Dr. Pearl seconded the motion. The motion passed
by an unanimous roll call vote.
B. CEB -1084 -- Stephen & Beverly S. Powell
1501 Canary Street
Longwood, Florida
Violation of Zoning Ordinance #495,
Section 609.3A and City C❑d e, Chapter
12, 12--1 (1)
Ms. Price presented the case. This violation was brought to Ms,
Price's attention by the Police Department. The Police responded
to a call from the Powell's neighbor, the Moores, regarding a
fence that continues to move. The P❑we 1 1 s have a pool and the
CEB /July, 1990
Page Four (4)
fence is not securely installed. Pertinent to this case is the
fact that the Moores and the Powe11s have been to arbitration.
One of the problems was the fence, which Mr. Powell was to move
back and secure. The date of the arbitration agreement was the
2nd of February, 1990, with no response to date by the P❑wells.
Ms. Price submitted two (2) pictures of the fence as City Exhibit
One (1).
The fence appears to have been put in at different times and some
are tied with plastic yellow rope instead of nailed. The fence
belongs to the Powe 1 1 s and Mr. Powell is the one moving the
fence. Ms. Price stated that the gap is roughly six (6) to eight
( 8 ) inches and any child could p u l l the fence back. Before t h i s
meeting, Ms. Price went by to inspect the property. At this time
the fence was secure.
Mr. Powell was sworn in, Mr. Powell states that the fence was
repaired the evening of the day he received the notice, July 9,
1990, The yellow ties had been replaced by nails. Mr. Powell
stated that they did agree to move the fence ten (10) to twelve
(12) inches to the property line, but they did not state when
they would move it. Mr. Powell explained that there are no gaps,
however there are ",lags" in the fence. He stated that he moves a
panel at a time as he has time.
At this time the hearing was closed. The Board discussed the
case, the findings of fact and the conclusions of law were
determined as follows:
FINDINGS OF FACT
1, Respondents have a fence on their property running around
their swimming pool located at 1501 Canary Street,
The six (6) to eight (8) inch gap in the fence did exist in
the fence at the time of an earlier inspection but the fence
was in compliance at the time of the hearing,
31 The condition of the fence did permit a condition of
endangering the comfort and safety of others, e s p e c i a l l y
children.
4, The opening in the fence which previously existed exceeded
the maximum allowable opening according to the ordinance,
Ms. Latosk i made the motion that Mr. Powell be found in
compliance at this time, however if the violation should reoccur
a penalty be accessed at that time of $250.00 a day. Mr.
Holleman seconded the motion. The motion passed by a unanimous
r o l l c a l l vote,
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