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BCC Minutes 07/21/1978 S Naples, Florida, July, 21, 1978 LET IT BE REMEMBERED, that the Chairman having issued the call and the Clerk having given due notice as prescribed by Ordinance No. 75-16, the Board of County Commissioners in and for the County of Collier, and also acting as the Governing Board(s) of such special districts as have been created according to law and having conducted business herein, met in SPECIAL SESSION on this date aL 3:05 P.M. with the following members present: CHAIRMAN: John A. Pis tor VICE CHAI~~: David C. Brown C. R. "Russ" Wimer ThOlMS Archer Clifford Wenzel ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief Deputy Clerk/Fiscal Officer; Edna Brenneman, Deputy Clerk; C. William Norman, County 11anagerj Donald A. Pickworth, County Attorney; and Ray Dulaney, Building Director. APPEAL OF BUILDING OFFICIAL'S DECISION BY MAPLE LEAF VILLAS AS REPRESENTED BY ATTORNEY TOBY CARROLL - DENIED In response to Commissioner Archer's inquiry, County Attorney Pickworth explained that the Board is sitting as the Board of Appeals, as provided by county ordinance, to determine whether or not Building Director Ray Dulaney made a proper interpretation of the ordinance regarding his decision that certain building permits with regard to the project Maple Leaf Villas have expired. Mr. Pickworth advised that the subject is scheduled for the Regular Meeting on July 25, 1978 and that whateve~ action is taken by the Board during the Special Session can be ratified, if necessary, during that meeting. The reason for the Special Meeting is due to the fact that Attorney Toby Carroll, representing the appellant, needs to have a decision this date because of problems involving financing. Mr. Carroll explained that the project known as Maple Leaf Villas is located on Cypress Way in Palm River Estates, Lots 3, 4, 5, 6, 7 and Block D, Unit 4. By referring to the drawing displayed, Mr. Carroll noted that portion of the project which has' been completed and ..:,.'~ those units involved in the appeal of the staff de'C;rsion regarding the BJDK 042 Pf.~C 508 , I I ) r' :;;:'1f.iff!~~l;'~,~';~~~~f.:::.~tr.'~::j!!:7::-:;:::,.'t~+f~' :Y'?'~~::11::~iJ~~y.#J~;::19 7 8+"'~ ".' '~";'/~i~~ bJDK 0 42 fl.~i: 509 expiration of the building permits. He st~ted that, in his opinion, it was felt that a project permit was taken out and the building of same phased within a reasonable balance of construction. He explained thp. financing problems involved and noted that this date is the last day allowed by the lending institution on the commitment with the institution. He requested that the Board declare the development a projcct instead of an individual building construction and let the permits "fall" as long as reasonable progress is being m~de. Regarding progress on the units under discussion, Mr. Carroll stated that the lots have been surveyed and that water and sewer to the properties have becn extended. Building Director Ray Dulaney explained that separate permit9 wcre issued on June 17, 1977 which is past the l2-month date for expiration even if extensions had been requested and granted. He said that if footings had been put in, inspections made, and the like, there would be no problem, but this has not been done. It was pointed out by Mr. Carroll that the first builder defaulted on the schcdule and that a new builder was employed which accounts for the delays in construction. County Attorney Pickworth read the provisions of the pertinent ordinance covering the matter in question and upon which basis !1r. Dulaney made his decision that the subject permits have expired as of December l7, 1977 and that, apparently, no extensions were requ~sted. The matter was discussed in detail with particular reference to interpreting the ordinance regarding commencement of construction with Hr. Pickworth, again referring to the appropriate ordinance, stating that the work authorized by the permit must be commenced within six months of the permit date; such work meaning actual construction, not the mere extending of a water line. Co~icsioner Wimer observed that there is no way the Board can alter the facts - the facts being that the permits in question have expired, adding that they will have to be reapplied for and paid for. Chairman Pistor expressed concern over establishing a policy for issuing project percits which could be drawn out for possibly twenty years with only one building having been constructed. Commissioner July 21, 1978 Archer said that if such a permit was established there would have to be limits incorporated therein, adding the personal opinion that the Board has no other choice than to u?hold the provisions of the ordinance and that he cannot see that there is a valid reason for not upholding the decision of the Building Administrator. Commissioner Wenzel inquired if an extension could be gran~d for 1~ .. the four permits which have expired for 90 days with Mr. Pickworth, stating that an extension would be in violation of the ordinance since the extension must be applied for L,d granted within the period of the permit's validity. Mr. Carroll observed that the Board can overrule the Building Department's decision, following which Commissioner Brown moved that this be done. Commissioner Wenzel seconded the motion. To clarify the matter regarding the particular units in question for which permits were received, ~:r. Carroll said that they cover buildings 3, 5, 6 and 7, and, as explained by Mr. Dulaney, have been cancelled due to their expiration. The motion on the floor was restated by Commissioner Brown that the Board override the decision of t~e Building Director and that the permits for buildings 3, 5, 6, and 7 in Haple Leaf Villas be considered valid permits. Upon roll call vote as follows the motion failed 2/3. Aye: Commissioners Brown and Wenzel Nay: Commissioners, Archer, Wicer and Pistor The matter of time necessary to reissue the permits and for payment of the n~cessary fees was discussed with Mr. Dulaney stating thaL issuing one permit would be easier and ,...ould enable Nr. Carroll to keep his financing commitment this date. Mr. Carroll inquired if the Boa=d would consider waiving the permit fees fol1o~...ing which Commissioner Brown moved to grant the bJO~ !J., : 042 PA:[ 510 . :: ;,;-,:~,~~:~~_~,,,,,,,,,,:,,:~~~:-::~.~ ....::~~-J:..;;~~.l.f~~~p-a;.~.a; ~_~~~:~,~>"~"~'~-~"!': _:..-~":~~:~'''-'~' . :,.:;;...... , request. The \ootion died for lack of a second. It was the consensus of the Board that the matter could be addressed at a later time. * .* * * * The meet:ng was adjourned ~y order of the Chair - Time: 4:05 P.M. to reconvene in Budget Workshop Session at 4:12 P.M. BOARD OF COUNTY COMMISSIONER~ EX OFFICIO GOVERNInG BOARD (S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ' ~t; '~'. ',.