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Summary Minutes: City Commission Meeting August 28,2003 Sunny Isles Beach,Florida <br /> Protests 0 Waivers 0 Ex-Pane 0 <br /> Action: City Attorney Dannheisser read a disclaimer for the Zoning hearing,and noted that a <br /> lawsuit has been filed by the Town of Golden Beach and others, asserting general allegations <br /> regarding the validity of certain Land Development Regulations and notified each applicant <br /> that a lawsuit is pending and that there may be a legal risk associated with proceeding under <br /> those regulations. Acting City Clerk Hines read the applicant's name, hearing number, <br /> location and then administered the oath to the witnesses for the Zoning hearing. <br /> Public Speakers: Planning and Zoning Administrator Jorge Vera; Code Enforcement and <br /> Licensing Director Christopher Steers; Ellen Kriplen; Geoffrey S. Ehrich; Merry Wynne <br /> Mr. Vera stated that there was a transfer of ownership and Mr. Zlobinskiy was on notice that <br /> there were violations on the property and he purchased the property as is and in addition,them <br /> are a couple of other issues that are involved with that property. Code Enforcement and <br /> Licensing Director Christopher Steers noted that the subject property is one of a Code <br /> Enforcement Case and of a Special Master Hearing held in March 2002, because the former <br /> owners built additions onto the property without permits and they were cited and found guilty <br /> at the Special Master Hearing and they had fifteen days to obtain the permits to bring the <br /> property back into compliance and the owner failed to do so, and that there are outstanding <br /> liens on this property. Commissioner Kauffman noted that in the letter it appears that a family <br /> named Dube were the owners when it was filed first with the Special Master and asked if this <br /> current owner now owes the fines,and Mr. Steers said yes that State Statute 162 was amended <br /> in 2000 so that now violations run with the property not just with the owner. <br /> Ellen Kriplen spoke for Sergy Zlobinskiy stating that they were not aware of any violations <br /> when they bought the property and that they are now trying to sue the previous owner because <br /> they did not disclose. She noted that the title said there was no lien on the house when they <br /> bought it and now they found that there is a lien and that they can't live in there with two <br /> families. Mr. Steers said that it is not zoned for a duplex, it is a one-family home, and he <br /> said the first step in solving the problem would be getting the variance for setback because the <br /> locations that are in violation of the setbacks are the locations built without permits. He noted <br /> that they can start with the variance if they meet the other conditions, they can get the permit <br /> and bring it all up to Code, and the other option is to remove it completely, and then they can <br /> deal with the fines after they are in compliance. <br /> Vice Mayor Edelcup moved and Commissioner Kauffman seconded a motion to deny the <br /> request for variances on this property. The motion was approved as Resolution No.03- <br /> Z-76, by a roll call vote of 5-0 in favor. <br /> Vote: Commissioner Goodman y <br /> Commissioner Iglesias y <br /> Commissioner Kauffman �es <br /> Vice Mayor Edelcup <br /> Mayor Samson yes <br />