##VIDEO ID:7UrMl5xSipM## notified in their work on it either get or whatever but what we would do would be you ly a fine if you l a fine fine then we convert that to a judgment we have to go to court County Court jurisdiction convert to converted to a a judgment and if he keeps doing it we have an injunction restraint work then if he then if he violates that then he can be arrested for contemp violation but it become then BEC a Sil I bought some GS maintaining a nuisance well they the the problem in this case is we didn't do that initially we did deite the owner does the owner knows town and he's been in contract us he says I'm working on it we're going to work on getting now owners out of Chicago it's not a local these firms own put but yeah they they've acknowledged receed and said we're working on some point time I'm Wonder to get you mimo you jly uh the fines and our ordinances are really outdated and too low to be yeah we we we're up to under Land Development code right now uh we've got a we've got we're also next thing up was kind of look at all I've had people noise fores d one guy was paring ma 50 and what happen is because I we need I'm go through my stuff that's the next thing and then you'll come up we first we had to compl you you made a copy got that done then we had to doil so keep that done second yeah Will CAU pH I'm not going I'm going to do a presentation they just asked me to come because they they assume an attorney is coming for I think it's the second case uh and so he really hadn't pln thing unless unless unless goes after her the second place the second cases to always Earth these locations and this this looks like a business doesn't look much you're not in here I'm not sure wow see what they have to say no present the case just just here for if she needs support she does a good job Pro of that our first case was stole up he has it before I think okay you're good are you good can you hear me no hello testing 1 two 3 let me see my phone a minute cuz I should be hearing you better than that your mic is testing 1 two 3 something are you ready yes sir all right good morning ladies and gentlemen today is October 24th of 20 20 24 this is the October session of the code enforcement special magistrate for the city of Oita U today we have a couple of cases the first is an admin uh case it's a citation number PD 0144 uh uh that was issued to Dominic dessio ultman as at 3297 Red Ash Circle City's alleged a violation of ordinance section 22 hyen 121 who is here that's going to be speaking to that case today right sir would you come forward right okay let's try this all right uh would you raise your right hands please you Solly affirm the testimony you're about to give shall be the truth the whole truth and nothing but the truth yes let me switch my sure let me see testing 1 2 three okay here we go thank you all righty so uh Mr was issued three separate citations um three separate dates for the same thing the um excessive noise in the neighborhood due to animals barking um he has two dogs I believe that uh were caged or crated on the back porch that were barking for hours on end according to Residents and they were barking while officer morera white who is not here today and myself uh were on scene um that first citation was issued on March 5th of 2024 second citation was issued on May 3rd 2024 and the third citation was issued on june3rd 2024 all right and this is what a barking dog yes sir uh he has two large dogs um as I mentioned before they're crated in the backyard and uh barking loudly enough that you could hear up and down the street um we have multiple complaints from Neighbors over that time period about the dogs uh upon request of you know taking care of the noise complaint Mr Oldman stated that he was training the dogs crate training the dogs and that's why he had him on the back porch and he had no interest as far as uh we observed in moving them off of the porch and changing their behavior um they kept barking and that's why we issued the citations and this the time of the this particular citation was so for the first citation on March 5th that occurred at uh 0200 2 hours so 202 in the morning and one on the3d on May 3rd sorry it's scanned in here so it's that occurred at 9:46 p.m. and then the one on June 3rd see if I can find the time looks like around 4:00 in the morning 4 or 5 4:00 in the morning sir and what was uh what was his excuse for the for the problem um the two of the citations I was not present for that was officer Moro white who issued those um the citation that I issued I was able to make contact with Mr Oldman and he stated that he was crate training the dogs I believe was his explanation upon a review of body cam footage um and that's why he had them in the back porch uh and he was attempting to achieve some sort of training goal with that but obviously it was causing the dogs to bark excessively all right anything else on this case I have nothing else to add it no sir I just have the package to show that Mr Dominic ultman was um received service for the hearing today he should have appeared today so that was sent out from our department I have uh 21 P yes sir page five goes over uh the first notice he was served on uh July 17th for him to appear on August 22nd Page 6 and seven I'm sorry page six is a copy of the white card um certified mail receipt page seven and8 is of the return mail we received so he did not accept the mail however we did post a property page 9 Affidavit of posting page 10 shows the postage on the property on August 20th we canceled the hearing um this page 11 is just a notice showing that it was cancelled on August 22nd uh he was issued another notice to appear for this administrative citation uh hearing um that was supposed to happen on September 26th page 13 is a copy of the certified mail receipt page 14 and 15 is a copy of returned mail Mr uh Omen did not receive the mail or accept it but page 16 is a copy I'm sorry it's a yes it is a copy of the Affidavit of posting showing that the property was posted to advise him of the hearing that hearing was canceled for weather purposes that hearing was canceled for September 26 I'm sorry we cancelled the um hearing for that date and we rescheduled the hearing on September 19th so we're on page 19 September 19th he uh we mailed out a notice advising him of today's hearing we did not get a certified mail receipt or a any return mail however the property was posted page 20 is a copy of the affidavit showing that I did go out and 21 is just showing the property with the notice right mrman here today did he appear for the first two hearings yes sir he showed up for one but the hearing was cancelled okay has you ever paid the fines no sir right all right first I find that all the nerves required by O's ordinances and the far statutes have been given to Mr O Uh u i find that he has on three different occasions violated uh the city's noise ordinances which would be 22-10 and 22-1 21 uh the the second and third would be repeat offenses I'm going to find mrman $100 for the violation on June 3 2024 I'm going to find him $200 because the 10 March 3 would have been a repeat offense I'm going to finding $200 for that one and the one on March five again that would be a repeat offense I'm going to find him $200 total fines would total $500 maybe that will get Mr Oakman's attention uh I will be I will enter in order uh to that effect okay for right the next item on the agenda is a Land Development issue case number CE 24 iph 0 0042 um the property owner is g r e uh i i k l c the property in question is 469 Franklin Street ovita Florida 32765 partial number is 10 hyphen 21 hyphen 31 iph 300 iph 0560 iph 0 city has alleged uh a violation of Land Development codes 3.4 related to development permits section 4.10 permissible uses and special exceptions and section 4 three uh relating to residential districts who's going to be speaking to this item today right this moer who else is going to be speaking all right would you all come forward first state your names into the uh microphone please code enforcement officer Shakira Moyer all right next building official Robert reading Robert give me the name reading reading r e a d i n g r e a d sorry r e a d i n g like Pennsylvania okay Deborah Pierre Deputy development services director Karan Bartley zoning administrator have to spell that for me c a r r o n first name last name Bartley b a r t l e y b a r c t is in Tom b a r c t b a r t as in Thomas L as in Larry e Edward y yellow okay and sir uh David Vasquez David and Vasquez all right would you all Raise Your Right hands you Solly affirm the testimony you're about to give will be the truth the whole truth and nothing but the truth yes all right Miss Moyer yes sir uh Special M Marcy uh for case number ce24 hyen 0042 the address 469 East Franklin Street 32765 I have 54 pages to submit into evidence may I approach the bench yes I have these been provided to the owner yes sir all right go ahead M War well at first I'm going to receive this package in evidence as the city's exhibit number one all right go ahead yes sir Pages 1 through 4 is a copy of the property record card showing the property at 469 East Franklin Street um still owned by gray if I'm pronouncing that right King LLC all righty so around uh mid-February we received a call here at the city city staff um from who we believe to be the property owner requesting additional garbage cans and additional water meters um for the property which alerted staff that maybe something was going on at the property on February 27th photos taken of the property um starting at page five showing that work had been done there was a new roof um put on uh and there's some rear structures in the back that had some siding work done there were some steps added to the back of the property uh to the dwelling units in the back of the property which page are we on we are on page we're looking at Pages I'm sorry we're going through pages five page page six is uh showing attention to a unit in the back showing some sighting and um some steps seven is a more clear view of the um roof eight is for a second unit in the back showing work that had been done without a permit siding steps also page nine the building staff contacted the uh attempted to contact the property owner spoke with him and uh had scheduled a meeting but the property owner did not attend the meeting so to ensure these issues were going to be rectified we started sending formal notices on April 4th a notice of violation was sent to the property owners with a compliance date of May 6th that's page 10 page 11 is a copy of the certified mail receipt page 12 it's a copy of the signed green card so before we move forward um around April 14th the property owner submitted a building permit which showed an existing single family unit um with a an intent to change it to a multif family unit which is not permissible per under this the zoning section code staff also received information um showing the property had not only um been already converted to a multif family unit um but that it was actually being listed for rental as for rental properties again against the Zoning for that area Pages 13 through 29 are all pictures of postings for the units this is the advertisement is this the main building no sir uh this appears to be the units in the back and these are rid postings yes sir they're listed as uh Suites three and four okay all right did you make it to Page 29 Mr Merc which which page did you make it to Page 29 not yet okay these are all photos Pages 17 Pages 18 um 19 and just throughout page 29 these are our photos that was posted of the units in the back where work was had been done and also showing um them for viewers to see that they're available for rent City contacted property owner and requested that he come in for a pre-application meeting the pre-application meeting took place on June 19th page 30 outlines who was at the meeting and it shows that Mr uh David Vasquez who is the property owner attended the meeting and it detailed some stuff uh regarding the property some of the things it noted was that the shed a shed was converted into dwelling units which was a concern at that that use was not permissible for the site it also discussed other things and other work that he had done to the to the buildings there was no was there a permit for the work done on the building no sir so that's page 30 okay question yes sir what were both the main building and the shed building listed for reent yes sir okay so before we move to page 33 um I just want to note that the property owner was advised that he needed to submit all permits um for any work that had been completed and that any unper permissible use of the property per the Land Development code will need to be removed to include refrain from renting the property as a multif family unit as the code did not allow does not allow the use as he um had been advised on several other occasions so they we met with him and advised him on several occasions shortly after um that the at the request of the prop owner another preapplication was scheduled and took place on June 26th page 33 is a copy of the pre-application um notes am minutes I'm sorry that detailed Mr vascas being um present all the staff that was present and issues and concerns regarding the property also um just going over things that needed to be done it was noted that more than um roofing issues had taken place there was also structural changes to the property again he was reminded in a meeting that the zoning is for um R1 is zoned as R1 which only allows for single family residents so what in essence the owner did was convert shed into a living ERS yes sir and with the other un in the back he was intending to use that for multiple families as well so he did he was essentially trying to utilize the property to have six units on the property six units how many in the main building it appeared to be three and how many in the back unit and one building two and then the other structure one so there were three three buildings on the yes sir one was a shed that was converted okay how many and how many were uh to be reading that I'm I'm sorry one second second yeah I'm sorry what was the question Mr Marcy I'm just trying to decide how many Raiders were going to be in each building from what from the postings look like possibly six six toal total yes sir you may be okay I'm just want to make sure I've got there's a main building yes sir and then two side buildings yes sir okay okay okay so we sent out a notice of hearing to the property owner as no permits were applied for no permits have been applied for the property at that time um was being rented out and we've had had had several um meetings and conversations but to no avail so on July 1st I sent out a notice of hearing for uh July 25th that's page 35 page 36 is a copy of the certified mail receipt page 37 is a copy of the returned mail however we uh canceled the hearing we canceled the hearing to allow the property owner an addition additional time and also so that we can ensure Service uh would have been served so um on July 18th we is sent the notice to cancel the hearing that's page 38 and again Mr uh David Vasquez a property owner um advised that he needed to he also needed to have the hearing canceled as he wouldn't be able to appear the property owner advised consent will be given to all staff to access the property to assess the work um in an attempt to work towards compliance access was not given to staff we also still extended more time to the property owner and we sent a second noov uh second notice of violation instead of sending a notice of hearing so page 39 again again giving more time we sent a a second notice of hearing on August 5th with a compliance date of August 22nd in this notice we noted that the property owner was to apply for all applicable building permits for all work that had been done without a permit that he was to ensure all the plans were not only submitted but they were reviewed and approved and that no units are to be occupied testing okay all right so I'll just rad the corrective action for the second notice of violation um he was to apply for all applicable building permits for the work that had been done without a permit ensure all plans were submitted reviewed and approved no units are to be occupied without a certificate of occupancy and that no dwelling units in excess of what the code allowed were to be in effect meaning no rentals and the properties and the in any of the properties because he hadn't gone through any of the permitting processes for it the alternative to that was that the property owner um could revert the property back to its original condition before making any unauthorized and unpermitted improvements on it that's page 39 second notice of violation we did not receive a certified Mill receipt but we did receive a a signed Green Card which is page 40 we did not receive any compliance no inspections were allowed had been done so we issued a notice of hearing a notice of hearing on August 26 for the September 26 hearing it's page 41 page 42 is a copy of the certified me receipt page 43 is a copy of the sign green card the September's hearing was cancelled for weather purposes which is a copy of that page 44 page page 45 is a copy of notice of hearing um sent and posted on October 3rd for today's hearing October 24th page 46 is a copy of the certified mail receipt we did not receive a green card assigned green card back however the property was posted for service purposes page 47 is a assigned after of David showing the property was posted page 48 is just showing the posting on the property Pages 49 through 54 are plans that was submitted to the city page 49 is what the existing floor plan of the building was and page 50 is a copy of the proposed floor plan 51 was of the roofing some Roofing stuff Roofing plans I'm sorry page 53 shows some doors and window framing work page 54 was copy of electrical plans that was submitted to the city so to date this case has been going on since February we've had several meetings phone calls emails the property owner extended time on several occasions to get the property owner to come in and apply for the building perits but to no avail as of this week we attempted to go out with um at his request to conduct an inspection but that inspection was cancelled we were advised that he wasn't going to be available and the property would only the main unit would be the only property we could expect inspect he uh did not have access to the dwelling units that he had in the back so the property owner advis he didn't have access to those um and it looks like he's attempting to reschedule for some time next week that's all I have for the case right now Mr Vas has owns all three building yes sir and and they're all on one lot yes sir all right first I'm going to find it's a threshold matter that all notices required by ordinance and statute have been given I also note that Mr Vasquez is here today so Mr Vasquez we'll hear from you um there there's a phone that was left behind no no no no it's a hearing it's for the hearing no you leave that right where it is okay I'm sorry thank you good morning um to everyone here present uh my name is David Vasquez um can put here um I am here uh good morning to everybody I am here to represent great King uh I want to state that great king is a little small bird that uh it's nothing powerful as bir from my country that's what how do you pronounce the LLC uh great king LLC it's a small bird uh that defends itself from Big Hogs uh it's from my country there used to be one in front of my house growing up and it would eat a lot of the flying Critters at night and I just just uh kept it uh in mind when I established the corporation and I just um played with the wording with the letters on the on the uh we call it in Spanish um I uh want to first of all uh say uh that we are in the best interest to cooperate with let me first let me stop the own G r e i i l o c yes okay me and my wife what me and my my wife and I car and who else that's that's it it's it's it's a big name but it's just me and my wife okay okay yeah but you're here to speak for the LLC at this time yes okay um uh first of all I uh the packet this packet I just uh received uh today right now when I came into a hearing uh I did not have the packet that was presented to you I'm having trouble hearing you for some reason is it better yeah okay I'm sorry and the Spanish is not English is not my first language you see that phone in front of you oh I'm sorry those are my auxiliary ears make sure this all right if you would please put that back on this Con all right go ahead Mr VZ uh yes so I just received the packet um that uh your magistrate received as well I just received it I had not taken a look at it I did not know of it um we me and my wife we bought this property uh back in 2020 uh during co uh it was basically uh public distur disturbance it had been previously uh from what I've gathered uh historically it was a boarding house for orange TR workers so the property has been used in the past as transitionary uh dwelling I excuse myself I'm going to try to talk as best my English as I can I know some things kind of get lost in the difference of language and translation so I'm trying to um keep myself in in that area Spanish is my first language so it originally it was used for orange workers to stay there so most of the units when I purchased the property uh it was established to take advantage of the property for dwelling purposes um that is how I found the property I did not know of all what is considered now uh current violations whether the property uh what the difference of what the city of oo had in paper and or in their files versus what we found when we purchased the property back in 2020 so this is me and my wife we receive some covid money and instead of spending it or diluting it we were thinking of our future and we saw this property which was in noo which is we came to the us about 10 years ago uh we moved to this area uh we fell in love with the area because it reminded us a lot of our home which is a smaller town about 40,000 people in Puerto Rico Southeast uh and we fell in love witho um we've to to this day we find the people Charming here we everywhere for me people are super nice uh so we found this property it was H from being an orange field worker's house it turned into a apparently from what I gathered uh recently during this process it turn into a crack house to put it that way I don't know if that's a proper term um police have told me that they raided the property and that they remember the property as being a multi-units and having several people leing in different parts of the property they they do remember that and they even told me hey David there's police reports that show that this was before you purchased it when we raided the property a multi uh unit the dwelling situation um when we found that we did not know um the process of submitting for permitting uh like I said I come from PTO Rico it's not normal for us uh to have to come to the city to to to fix a house uh we usually just uh go and if we need to change something uh we just change it and and then we fix it we we just so we changed uh our uh with the help of friends and family uh for the most part my dad some friends uh we worked on the property from 2020 to basically the end of 2024 uh to turn it from what it was uh which is a which was basically a public disturbance so that you can still go around that area and you still see the conditions of the property there and turn into a a nice living unit nice living area uh property um uh so so we fixed we changed the front sighting uh for for the front house we did not change uh the doors uh the other windows um uh the the doors we did uh put in the same size doors we just changed them into newer doors uh and for for the for the back units we did um rehab we did change the windows for uh we we hurricane uh windows and and we did fix it and and put a better quality uh situation for the building um so we fixed the property and uh and we uh did flooring we did um cabinets we did um that we re rehabed the the bathrooms and we did uh change some of the layout inside of the property without uh touching the the structure or the whatever was loadbearing uh so we tried at the time we were thinking about moving to the front house and just rening the back units as they were and so I prepared the house uh to be u m generational uh house property because my parents are retiring from my my dad already retired my mom is in the process and I saw that housing was continually going up and they were not going to be able to afford uh a good place to live in uh in the future um because they don't have a good pension from Puerto Rico or they come here they're just going to have something that's going to be good for groceries and gas basically uh so I'm preparing for the future I try to establish also the front house is a multi-generational um uh front house uh so it is and it's the same size house we did not change anything uh the city and the county can go back into records and see that the buildings that are there right now were the buildings that that were there before I purchased the property I did not add any buildings I did not change any Loc lotions of the buildings we just uh added some cheat drug some uh sighting we changed Windows the windows in the back we change the the doors and uh we started doing some uh roof work partially um and little by little we we started fixing it until we fix the property um we come uh to the uh when when we ask the city for more than uh one Gard uh disposal uh they told us that okay we will deliver uh the garbage disposal that was back in February um and uh on Monday and so they did deliver I was happy we got the garbage can uh I went to the because we didn't think we were doing anything wrong so we we were not trying to do any like we were and I went to the post office and asked hey can we add several uh mailboxes to uh the property and they said it wouldn't be an issue we just needed to put some letters in front of each uh or numbers to distinguish the units um and when we purchased the property uh there were two meters I did not add any meters there were already two meters in the property like I said the property had has and the community knows it the Comm comes around they know it it has been a multi uh unit property for its existence uh I believe the property was uh built in 1958 uh the unit was added from what I've gathered uh in record in 1960 and from what I've gathered the the city of oo was established in 1968 so there's a lot of information that SEO county has that the city of AO doesn't have uh about this property and I don't I didn't want I want to sound disrespectful about saying that it it's just uh how the time frame has been um inclusive uh the front housee uh for my tax purposes I have been paying uh property taxes for two two delling units the the front house and and even uh in their records for uh seal County it shows there was already uh another dualing unit in the back and I if they have they might have it on file if not we can verify the files and it shows time and time again um that is the main story of uh one one the main stories of the the the starting of the interaction how we found the property what we did to fix it we painted it uh we worked on it to make it nice it took us four years because it's me and my wife and with help of family and and not nothing we're not a big construction company we're not a big Corporation we're not a big developer it's just me and my wife trying to have something for the future of our family um so when the city ofo or the city of the livers of trash can they they call me out and uh and and I try to establish communication this is my first time dealing with this type of process it's not common for me I don't uh I don't work with this every day uh this is something we're just trying to do on to for the future uh I they asked me to uh get plans uh and to because we have a corporation and the reason we have a corporation is because the bank to give us a construction loan a hard money loan uh requested that we established a corporation that was the reason we created a corporation the corporation were created for the sole purpose of purchasing this property um so and the city uh in communication with City they tells us they tell us that we need uh to submit plans and that we need a general contractor uh so that we can submit those plans I had never work with this type of situation so I start looking for an engineer or a person that could draw the plans for the property and a general contractor that is not an easy task in Florida at this time and I don't know too many people here so I start looking for people all around see who could help me before I can come to the city again and submit our plans it was not that we delayed on purpose or they were trying to be malice about it and the person that was willing to help us as a general contractor the day that uh I was uh supposed to meet with the permitting Department uh he got sick and he couldn't make it and then he came in next day with me and that day they told me hey now this is not just permitting now we're going to come basically after you and I was like I don't want any trouble I want to submit permitting and I want to work with what was and and Tred that what we did and whatever you need from us were willing to comply with it uh it's been a a little bit of uh the communication process has uh been a I I've been trying to make sure that when I come in I don't make anybody like waste time or lose time because I and then I have right right today I at this point I have the person that drove the plans which I paid and a general contractor which was the one who was initially helping me and then now I I found somebody that is willing to help us as well that's a general contractor and an engineer and he's willing to help us and and like everybody so busy building big projects that it's hard to find a general contractor or an engineer that will help you and once they're willing to help you it takes time for them to develop a plan it takes from a month to two so it's a slow process it's not something that we can control it's not something that I can do um so I wanted to address some of the concerns um uh that were presented uh like I said uh once the city contacted us we started working towards hiring the the the person that was going to help us with everything uh the properties if you can go back in Google Maps I have the solo from you can access solo you can see the pictures of what the property was when I purchased it it was uh antira lot uh and we just fixed uh the houses um uh the regarding the mail I believe the city has a wrong mail we me and my wife we moved uh and also uh we had an issue where we got noticed that uh from our meil got found in some some of the my my neighborhood mail they found it in uh some trash can somewhere and that was something that we got noticed of I I'm going to try to see if I can find uh that that notice that they had have found that trash but they've been sending the mail to the wrong address the reason I'm here is because they posted the note in front of the property and they and and I saw it and I been contacting uh the city um we are a the the from uh uh like I said the the the units were already D units we just fixed them like we just and and there's evidence in Cal County that they were D units there's evidence in the police station uh that they were do units from the police that I've talked to they are aware that those were drawing units um regarding it being six units um the first time we come into the city they tell us that the property was going to be resed I don't know if that's been finished yet but the the area was uh in the process of being reson for for multiunit for a multi-unit property but they did not tell us how many units so when they tell us before the the the first I don't I'm not I do not know how this process works so when they tell us H this is going to be reson for a multiunit as of October November of this year like in the next couple of weeks um and so when we present the plans we present them as the three units in the front that they saw uh I think there's been a lot of misinterpretation and miscommunication in the process I would say especially misinterpretation one of the first hearings that we went to they said oh you have two doors in the front and I said no we don't have two doors in the front and they're like yes we can see it and but there's not and there's not in the plants and there's not in the property there's only one door which was there when we got there we just we did change the door um so there was a m interpretation from what we from what is there versus what when they said we're going to we want to have a like we it's going to be a multi-dwelling unit a multi dwelling property uh and so we presented it this is what we can do with the property we can divide the front house into six uh units if if you allow it that's not what we're we're not pushing for that and then there's the units in the back which were there um from the meanss that we gathered uh the uh they were talking about that they for our property they had already checked and our property was one that was going to qualify for four units uh that we needed to submit a a parking there there was going to be some requirements but that the property was going to be allowed to have up to four units in the property for the lot size um we are willing completely to comply and present any plans they request from us in that direction um I have not been adverting uh the inspection I've been trying to contact the engineer that's helping me and also the city um for example I asked hey I last Friday I wrote an email there's a email threat about this Communications yesterday they called me hey you want to do this this afternoon and I said no I I don't like it's um it's going to be really complicated for me to do this this afternoon immediately that was yesterday so it's been uh trying to coordinate the situation it's not me avering it's like I'm somewhere else far away like I'm in salota or or like and and then it's it's hard for me to be in AO uh at the time they were requesting me to be there I was not averting the situation plus I have to coordinate with the engineer to be there and he also has all the jobs that that he's have and he's I contact him he said I can't I'm not available I I was trying to get him for this afternoon again he's not available so I have other parties that I have to coordinate with I'm trying to coordinate with so that we can get everything together um like I said the the front house would be uh the main living quarters uh it's established at this point for my family to live there uh my nephews are coming to college uh hopefully here the UCF uh so the property is established as single family home in the front and then the properties in the back were the ones that were there we did submit for permitting and we were denied permitting uh so it's not that we did not submit for per meeting once we got the we have we had the plans I'm not sure if they have it in the back but we submitted the plans and the plans were denied and once again we were asked we've been asked to submit for permitting but when we submit for permitting we get denied permitting I am I'm I'm 100% willing to cooperate um I do prefer our engineer to be there so that we can address any concerns uh they were talking about the setbacks uh on the property um one of the concerns was the setbacks in the property but one of the uh things that were presented by Sony as well not not us but Sony said there is some existing nonconforming options for the setbacks on the property so that we can keep working on so that you can basically keep it as is cuz some of the parts have been in cooperating or maybe they're they're thinking about what can be done to get the property into comply and and that everybody can have uh a good a good ending or or but we are willing to open up the property I would prefer an engineer to be there so if they address any uh building concerns the the property has been upgraded uh with front sighting uh with windows and doors and there is uh one structural thing that was upgraded in the front house uh that uh I have no issues in opening the the ceiling or the roof so that everything can be certified and brought to compliance um but uh it took us four years to bring the property from a public disturbance to a basically a good-looking house that brings Pride uh to the neighborhood and into the area and I'm sure it increases the property of the values around it but it took us 4 years me and my wife it's not we're not a big Corporation um so for us to we would like to pursue uh if if possible that since the the county or the city I'm sorry since the city is already moving forward towards uh allowing up to four units in our size slot uh maybe when some viruses in distance from one of the setbacks specifically uh I would believe it wise that uh or if if possible that we can work with uh the city to to verify how we can come into compliance and maybe some vianes can be put into place so that we can everybody can comply in terms of all the materials we used were from Home Dep everything was good quality uh we did not uh try to cut Corners I my family I come from a family of builders in Puerto Rico and uh we like to do things uh story to withhold hurricanes some people don't do that we we do that U so we like good materials because we know for the long run that's going to last and we going to have to go back and have concerns about it so uh we are in the utmost disposition to work with the city uh in every direction that they might request one of the concerns was uh parking other concerns uh was uh the septic uh we can go into addressing every area that the city has concerned with so that the property can work so that the we don't have to destroy what has taken us uh so much time and I don't see it like it's uh financially wise to destroy something that we would possibly be able to build just with permitting that we did not know that we needed to work with permitting once we knew it we started working towards getting all the permitting that was requested from the city we were not trying to evade them uh we did it was hard for us to get uh engineer and a general contractor that will work with us and within our budget we I can bring my checking accounts so there's not much money there for me to do a lot of stuff so I got four kids I have a family and it's a family situation so I'm I'm just trying to be wise with my money and invest my uh family's future that's okay yeah well I have a few questions yes uh who's living in the buildings now uh as of right now uh we have uh two people that are living in the in the back uh one building or two buildings it's two buildings so right now one person in each back building there's there's one building that that basically has two units we found it like that it was separated in the middle um and they're there uh but they can be moved to the you got one building with two people in it right now yes and there's one on the side are they renting yes they are renting for under uh basically rent value uh we were trying to uh provide uh affordable living situation because we're not about is anyone living in the building right now uh it it is for my parents when they come over uh so at one point uh it was for me and my family so and it's for my immediate family my kids my wife as of right now it's more for my parents uh for when they come and say for uh Christmas and during summer uh and is their uh future the intention is for their future uh living quarters as they retire how much time do they uh spend in the main building uh at this point I would say about 3 months a year it's basically summer and and part of the winter uh December my my mom's a school principal so so right now you have two rers yes as of right now three months yes yes and and I come in and out of the building constantly I use it when I come here to work I stay in the area and I have a but that's there and I work there okay so there those are the only three people occupying yes we we had one more but uh we were able to we're trying to relocate the people that are there because of uh what was said and two so we had three uh we were able to move one there's two of them that they can't find uh a space uh like ours especially for for that price uh we only charge like 13300 and and they're there and they have all the utilities covered uh so they can't find that space um they haven't been able in the one back building where you have uh two you said two persons are families or just one person there there's one person and then there was a single guy he just got married and got a dog so so you got a couple in one a single in one yeah he just got he he entered a single and basically the last two months he got married and got a dug how many is each unit had a separate electric meter uh as of so the front house has one meter and the back house has uh another meter another electric meter so the main plus one of the back units yes so so there's there's one that connects all that's how we found it it connects all the units in the back how about water meters how many water meters as of right now I believe there's there's two meters but I'm not sure I know of one but as of right now I see only one water meter and uh are any of the units presently listed for r no no we they haven't been since uh February when we started Communications with the city did the city ever issue a permit for any of the work that you've done on the buildings uh no no we did not uh know that we needed a permit for it um once we got requested to get a permit for it we started working in that direction but permitting is a slow process from what I've come because I'm like asking around hey is this a normal speed for permitting and everybody say yes that's normal speed and it's taking us some time to develop plans and to get uh proper help and help this consistent is another thing we've paid people and they disappear and it's hard did the city explain to you that they can't issue permits because this is zoned R1 which is single family residential uh the city talked uh we we were in talks with the city about it uh but the the property um does have per uh the per um uh the S County there's there's there's actually two properties that are listed there that are listed in the property as dwellings there there's two properties I did not know any of this this is I found this out in the process from what I knew from when I purchased the property and we did uh everything because we did it through a bank we thought everything was okay and that everything was how it should be we did uh the the all the form processes to the B we paid a a surveyor uh I forget the names of the people the people are supposed to go check that everything is okay with the city and the county so we would thought that we were in order we did not know that uh what was so this is has been a learning process for us so we thought everything was okay now in conf February like we we ordered the cancers cuz we we thought everything was okay we're not thinking we're doing anything wrong when the city comes that's where we order four canisters three the three in the back and the front house uh and so when the city comes and that we start working in that direction and we start finding out information and figuring it out so yeah and you told me that uh you you do understand that this property is in the city of OA and not the unincorporated part of Simo County uh I do now but the the records in the city of oo are limited about the property and the record the one the who has more extended record of the property is SEO County okay that is that is why I am referring to Simo County okay um and the city ofus ordinances they govern this property not Simo counties do you understand that I understand but we yeah I understand but but for us we've been paying taxes for uh both dwelling units uh we I didn't I'm sorry I did not I did not understand that difference um we just purchased the property and and we fixed it we were not trying to do anything out of order or anything did I hear you say You' applied for separate mailboxes for these units uh yes I went to the uh how many mailboxes are there now as of right now uh there are three there are three you knew this property was zoned R1 when you purchased it didn't you when I purchased it uh they presented it in R2 so was the property next to us which was also part of the orange field workers um um uh the places where they stay uh both uh I can't remember the address is 469 and the one next to us between the mail uh the US mail office that one was also that one used to be like eight bedrooms with just two bathrooms in 1,00 or 1200 ft unit so this properties has have when even when we check the Sony one of the uses that's basically allowed is uh um it's a transitionary term it's a boarding house boarding house so basically as as long as people don't pay utilities and they pay a fixed rent monthly fixed rent it's because it was allowed as a boarding house it was a boarding house historically all right I'm going to clear one thing up Miss Boer what how is this property Zone R1 yes sir it's R1 and that was um explained to um Mr Vasquez and both um pre-application meetings um and it was explained that only one accessory dwelling unit per single family home is permissible for the code so he was made aware of that okay but the zoning is R1 I thought I heard him say R2 no sir I believe that's what he the impression he's under but this was explained several times um since February you uh there was also uh the so when when I purchased the property they presented it to me as as an arch and uh that that was one of the main reasons and so the the there's a the main property and then there's the delling unit in the back uh and also uh from our meetings and from our conversations the property is to be resed for for units uh if that's a possibility to take into consideration so that we can work on what can be allowed for future zoning and uh I know there's other properties in the areas that have been considered uh into the future zoning process and basically the future zoning has been uh accelerated there's the the barn that's there that that wasn't uh the the the wedding bar I believe it's called Uh so that was changed before ahead of time and there's other um that have been considered and that uh exceptions have been made for them to be possible uh to to to establish that way and if if we can work towards uh from what I I don't know what how is that as of today in the process but from what the communications that that we had with sing uh the property was going to turn be turned into uh a resoning district and it would have it it would allow our property from what we from our conversation for to have four units in it so that's why we kind ofate have you applied to the city for resoning for multif family I would I would be willing to do so I wouldn't yeah it it's been a process where I've been asked to do things and then I do them and then nothing happens uh I have not been advised to do that uh as of right now uh you're advising me and I would gladly do it so because right now we invested in plans we have paid for engineers we have paid for General Contractors and we have not been able to move forward uh in any direction so we're kind of stuck between a rock and a hard place at this time uh so we're trying to see if if if you can help us move forward and and hopefully we can gather the permit the permits and hopefully we can go into compliance it's in our best interest like I said we are in the best interest to open the house to we just want to be safe uh that's it and we want to comply but we want to be safe and we don't want to do something that we tear down something and then we find out oh it's it's allow or it was allowed for somebody else to do it and you were just not allowed do you understand that there can only be one residence in a R1 Zone District um I did I was not aware that we were in an R1 uh we found the property and it was one of the uses that we consistently found is what it was a boarding house well Mr Vasquez here is the situation is I see it you spent a lot of time today telling us what plans you have for this and how you've hired a contractor uh but you're sort of getting the cart before the horse until it's Zone R1 uh you you're not going to be able to go forward with those things uh and that's the hold up you're trying to build something on a piece of property where it's not permitted to be built uh so you know you have a real problem there until you rezone the property uh all right anyone else has anything to say that we need to hear before uh I make my ruling as of as of right now um we're trying to vacate everybody out of the property um or or to use the allowed uh dwelling units that we have which is the main house and and probably uh the the other the accessory dwelling unit which will be allowed per code is that correct the accessory unit well anything else you have to present uh no not at this time okay any anyone else have anything to say Miss pi thank you your honor Deborah Pierre um development Deputy development services director um one of the things that the applicant mentioned was the zoning change so the existing zoning today is R1 the city is in the process of changing um the city's Land Development code which includes zoning districts um to match the future land use designations so he this property is within downtown transition the R1 zoning is not consistent with that future land use designation so we're changing at least um all those with the downtown neighborhood which is a Zone District that does allow multif family but based on the size of this lot the property owner will only be able to achieve four units the adoption of the code um is anticipated November 18th I I believe that's the adoption of the code which would change this property to downtown neighborhood it would not allow um six units on the property and we talked with our finance department there's only one utility connection just one utility um water connection there's not two um so in our opinion um we talked to our assistant City attorney our previous assistant City attorney that second unit the S County property appraiser does show two units do show um the two residential units um we tried to see if we could consider that second unit um non-conforming but because when the applicant showed the plans it does not show a kitchen and just shows um a many kitchenet we cannot consider that a dwelling unit we can't consider that a unit um it's more of an accessory um unit the Third building that's back there was shown as a shed and it's shown as being converted into a dwelling unit um we would not be able to allow six dwelling units on that property so he would have to remove um the unit that exceeds the four whichever one exceeds the four he would have to remove that so the property right now has Zed R1 it is R1 but the city is contemplating at some time resoning it to downtown neighborhood it will not happen until November 18th November 18th yes of this year of this year and what and once it's reson to downtown neighborhood how many residences will be allowed on it four four units this right so it's won't be necessary for Mr Vasquez to reply for resoning the fact if no 18 it will be result he was he was told he could he has two options he can if he wanted um to come into compliance earlier he can reone the property or he can wait which was a second option for the city to do the administrative zonings so we left him with that choice if he wanted to come into compliance sooner um and not go to the special magistrate he had the opportunity to apply for resoning so after November 18th he'll be able to put four units on there but they still have to comply he has to do his building permits all that we have to check for parking to make sure that the units have adequate parking um he definitely I believe he's on um septic so he has to make sure he um does the health department as well or FD so we'll be checking for all of that so you'll have to comply with with the downtown neighborhood requirements as well as the building codes yes yes your honor and we would like to be able to inspect the property to make sure that it is in compliance you have any problem with your inspecting the problem Mr basz I I have no problem uh with the city inspecting the property um as of right now we do have four units um only four units it's what we currently have I think like the front house um is probably uh we are willing to sit down with the soning and any uh government agency so that we can complete this process we don't see any we can only see something positive coming out of this for for everybody um we can work on parking whatever they want us to do um however they want to restructure the property they want to keep three in the back and one in the front or they want to do two in the back and two in the front however they feel that uh we can the property would work uh best for the city and the neighborhood uh we're definitely willing to work with them and make any changes necessary okay you understand what M Pierre just said the property right now is z r one which means you can only have one dwelling unit on it effective November 18th of this year that zoning will be changed with the city to a category called downtown neighborhood but even under that you'll only be allowed four toiling units and they still will have to comply with the building codes and requirements of the downtown neighborhood Sony yeah understand that I do I'm I'm going to I I would gladly sit down uh with the city and the plans and we if we need to modify our plans however it be and however they want them to come together uh we can definitely work on that we're not like we're willing to cooperate as as much as we can um when we understand what to the best of our capacity where we can understand sometimes there's details that we miss but uh we have no issue and like this is I would feel this would be the best H we would gladly wait till November 18 they shouldn't be for us is is perfect if if we can sit with the city before that and we can take a look at the property and see how they want to establish parking and what the different requirement uh that they're asking for are uh and and we can work on uh however they feel the property is going to be of best use that wouldn't be that would be perfect all right anything else that we need to consider this beer I forgot to mention that because the buildings don't have um a CO we also requested that the units not be rented out um and so we saw that it was being rented out um and sent um the applicant a letter that's that's the last thing all right what I'm going to do is this uh uh the Mr Mary the bill oh I'm sorry I just wanted to bring you up to speed on the permitting they did he did get a general contractor and they did submit a permit application it had been reviewed now with Residential Properties we send them to the uh planning and zoning department first to make sure that they could actually do what they want to do on on the property they denied it of course because of the issues that's been brought up so right now the status of the permit is still act application permit application is still active and it'll be active you have you basically 180 days between actions so I checked this morning and they're active until um almost the end of the year like December 27 before it becomes abandoned so there's still an act of permanent application inhouse for that it's been denied we're waiting for them to respond to the denial that's where the permitting is and Mr reading I'm sorry but I did not get your title of the city I know I'm I'm the building official okay next time I'll know okay thank you all right uh what I'm going to do with Essence is order that uh no certificates of occupancy be uh issued for any of these six dwelling units uh and they they shall not be ready until whole zoning and building uh permit uh requirements have been met uh the right now uh R1 zoning would not permit six units uh after November 18th to my understanding that four units would be permitted but there's still going to be requirements so I'm going to require you to comply assuming you commit your uh efforts after November 18th to comply with all downtown neighborhood requirements uh uh I'm trying to think of it D dat uh so all per building permits have been applied for there still an active application until the end of the year basically he has to they have to respond to comments by the end of the year e all right I'm going to order that uh the owner come into compliance with all codes and all zoning no way December 30th of 2024 if you have not come into compliance with that date then uh there will be fines of $150 a day for each day of non-compliance so and if for some reason uh you can't come into compliance by December 30th you need to talk to the city and uh we'll revisit it but right now you've got to be in compliance with all regulations by then and that includes certificants of occupancy uh anything else that we needed in order also I'm going to include in the order that you agree to allow the city to inspect at all reasonable times anything else that we need no sir all right uh anything else to come before us today no sir all right and we are aured thank you