Property Zoning Violations Ignite Heated Debate at Loxahatchee Groves Magistrate Meeting
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Meeting Type:
Special Magistrate
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Meeting Date:
09/18/2024
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Recording Published:
09/18/2024
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Duration:
89 Minutes
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Towns:
Loxahatchee Groves
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County:
Palm Beach County
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State:
Florida
- Meeting Overview:
The recent Loxahatchee Groves Magistrate meeting on September 18th primarily focused on hearing cases of zoning violations, with a emphasis on properties allegedly used for commercial activities against town regulations.
One of the most notable cases involved a property at 1300D Road, owned by SQ Farms LLC, which was cited for multiple violations including improper storage of fill, prohibited uses, and outdoor storage of containers and junk vehicles. Public Works Superintendent Craig Laow detailed the violations, noting that the initial inspection on June 6, 2024, revealed the improper storage of materials and the presence of junk vehicles. Despite follow-up inspections, the property remained non-compliant, leading to a request for photographs as evidence. Respondent’s counsel, Steve Wallace, raised objections regarding the service of notice and the validity of the photographs due to the lack of timestamps. Laow clarified that some photos were timestamped and represented the observed violations accurately.
Ms. Banky, a long-time resident adjacent to the property, voiced her concerns about the ongoing commercial activities, which she claimed included running a transfer station without proper permits and causing environmental damage. Banky detailed the detrimental impact on her quality of life due to heavy truck traffic and noise pollution, urging the magistrate to enforce stricter compliance measures.
The property owner’s representative, Mr. Wallace, argued that the land, designated as agricultural residential, allowed certain agricultural activities and requested an extension until the end of the year to resolve compliance issues. He contended that the town’s inconsistent guidance, due to frequent turnover in code enforcement personnel, complicated the owner’s efforts to comply with the regulations. Witnesses for the property owner explained their operations, which included processing imported material to create topsoil and running a hay supply business. They asserted that their activities were organic and within their rights under the agricultural designation.
Town Manager Francine Ralia provided rebuttal testimony, emphasizing that the town’s regulations do not permit any RVs on vacant agricultural residential land unless a residence is present. She highlighted the environmental damage caused by soil transfer activities and the lack of a registered business associated with the property, which would require a Business Tax Receipt even if the zoning were appropriate. Ralia expressed a willingness to work with the property owner but stressed that the current operations violated town regulations.
The magistrate acknowledged the complexities of the case and suggested a reasonable compliance period, extending the timeframe initially proposed by the code officer. The magistrate ordered the respondents to comply with the identified code sections by December 16, with a status fine assessment hearing scheduled for December 18. The magistrate emphasized the importance of both sides presenting evidence of good faith efforts toward compliance.
Another discussion involved a business principal who sought clarity on achieving compliance due to frequent overseas travel. Communication was identified as a key factor, with a local contact, Sha, facilitating the exchange of information. The magistrate stressed the goal of achieving compliance while recognizing the challenges faced by the respondents.
The meeting also addressed several other cases, including Lantana Holdings LLC and Jackland LLC, which were continued to future dates due to ongoing negotiations and pending applications for vested rights. The magistrate consistently emphasized the need for clear communication and documentation to ensure compliance.
Laura Danowski
Special Magistrate Officials:
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Meeting Type:
Special Magistrate
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Committee:
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Meeting Date:
09/18/2024
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Recording Published:
09/18/2024
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Duration:
89 Minutes
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Notability Score:
Routine
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State:
Florida
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County:
Palm Beach County
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Towns:
Loxahatchee Groves
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