17-898

1450 Bell Avenue

TSPN 19 LLC  1450 Bell Ave Owner LLC

Shaun Coss

Case Initiated:

April 5, 2017

Type of Presentation:

Status/Massey Hearing

OWNER: TSPN 18 LLC 1450 Bell Ave Owner LLC 1100 Biscayne Boulevard Miami FL 33132	REG. AGENT: Yehonatan Missika (TSPN 18 LLC) 1100 Biscayne Blvd Miami FL 33132
REG. AGENT: VCORP Services, LLC (1450 Bell Ave Owner LLC) 5011 South State Rd 7, Suire 106 Davie, FL 33314	PREVIOUS OWNER: RAILSIDE LLC 44th-47th Realty Associates LLC 1 Paragon Dr, Suite 260 Montvale, NJ 07645

 
 

Order Determining Violation August 3, 2017, nunc pro tunc August 2, 2017:
Status of violations updated July 8, 2024, except as noted below.

1. Obtain a permit and approved final inspection for the irrigation system. **COMPLIED**
2. Renew permit 15-3025 for re-roofing the office and loading dock area and supply an original signed and sealed inspection certification from John Foster. Renew permit 16-1785 for the site work permit.**COMPLIED**
3. a) Comply with all outstanding issues from the Engineering and Planning Departments including all conditions specified in the Conditional Use approval dated 10/5/15.  This includes providing a certified as-built drawing; providing a Contractor’s or Engineer’s final certification; removing the southern row of spaces and installing the 10 foot landscaping buffer to plan, or, the submittal of a revision to make the spaces compliant, detail of where the 10 foot landscape buffer is located **OUTSTANDING as of 12/27/2023 - Notice provided during review of DPCR 23-20001369** b) and approval or revocable license agreement from St. Lucie County for the landscape buffer if it is located on the right of way; **OUTSTANDING as of 6/19/2024 c) rehabilitation/replacement of the palm trees installed at the south east corner of the “planning area” that are dead or dying; installing a stop bar and stop sign at the west driveway apron as required; painting directional arrows; removing the driveway apron at the west side of the property where a landscape buffer was planned; installing the vegetative hedge within the western landscape buffer as required by City Code Section 22-187(4); and, providing access to the property to allow Planning Staff to perform an inspection of the installation of trees and parking spaces striped internally on the site. **COMPLIED**
4. Submit a revised, detailed scope of electrical work for permit 17-425 for electrical work intended to take place in the condemned structure, or include this work in the phase-two comprehensive plan described below. **COMPLIED**
5. a) Submit a comprehensive plan for phase-two, which may include a 2000 s.f +/- addition to the facility as well as planning for a 1500 s.f. future restaurant including landscaping and site modifications;  **WITHDRAWN** b)The phase-two comprehensive plan must address all other outstanding violations including, having an Engineer complete an evaluation of all structures on the property; **COMPLIED** c) building numbering; construction, rehabilitation and demolition of structures to address the change of use and to cure all deficiencies constituting condemnation; and, the removal of millings. **OUTSTANDING**
6. Renew expired permits intended to cure the above violations including but not limited to permits 18-4329, 19-1905, 19-1906, 23-1209 and 23-3153 **OUTSTANDING -Previously cited for this violation, these are permits that have expired since Order Determining Violation was entered.**

1. August 2, 2017 Special Magistrate Ross found Railside LLC responsible for the violations referenced above and gave them 30 days to obtain a permit and approved final inspection for the irrigation system, renew permit 15-3028 and 16-1785.  Also 90 days to submit a revised scope of electrical work for permit 17-425 and submit a comprehensive plan for phase two of development.  Failure to comply to this order in the time allotted will result in assessing a fine of $250.00 per day for each order until all violations are corrected.
2. November 7, 2017 Shaun Coss, Building Department Investigator, exercised his authorization to grant an extension of 90 days and issued a warning that if the property doesn't come into compliance by the end of the extension, the owner will have to go before the Special Magistrate to request another extension.
3. January 18, 2018 received request for another extension of time from Alexander Gonano, legal counsel.
4. March 21, 2018 Special Magistrate issued a 90 day extension to apply for the application and an additional 90 day to obtain a permit and comply to permit conditions.  Failure to come into compliance within this time period will result in being assessed $250.00 per day until the property comes into compliance.
5. September 19, 2018 Special Magistrate extended the case for 90 days and rescheduled for January 16, 2019.
6. January 16, 2019 Special Magistrate extended the case for 90 days and rescheduled for April 16, 2019.
7. April 16, 2019, Special Magistrate extended the case for 90 days.  Several requests for continuances were granted after this hearing.
8. October 15, 2019, Special Magistrate extended the case for 45 days to allow for a stipulated agreement to be made with City staff.
9. December 18, 2019, Special Magistrate denied the request for extension of time and fines began.
10. April 9, 2020, Lien was filed
11. September 17, 2021, Release of lien was recorded pursuant to Order from St. Lucie County Circuit Court. 
12. Property was sold on May 17, 2022.
13. June 21, 2022 - the Special Magistrate approved an extension of 90 days, removed the former owner of responsibility for the violation and named the current owner as the responsible party.  The owner was to return to the Special Magistrate in September for an update and to determine if fines should begin.
14. October 18, 2022 - Special Magistrate Massey Hearing - This case was continued 90 days. 
15. January 17, 2023 - Special Magistrate Massey Hearing - This case was continued to the July 18, 2023 hearing.
16. July 18, 2023 - Special Magistrate Massey Hearing - Respondent provided action plan and timeline with first phase plans prepared within 160 to 200 days, construction 60 to 120 days following the preparation of plans. SM continued the case to the February 8, 2024 hearing with discretion to staff to pull if the applicant is compliant with the timeline.
17. December 4, 2023 - DPCR application 23-20001369 for renovations submitted.  Staff agreed that the plan was compliant with the timeline for phase one renovations and the item was pulled from the February 8, 2024 hearing.
18. December 27, 2023 - DPCR application 23-20001369 was rejected by Engineering.  Revisions have not been submitted as of 6/11/24.
19. June 2, 2024 - Action plan and timeline agreed upon at the July 18, 2023 SM Hearing, 320 total days, has expired and case is rescheduled for June 13, 2024 SM Hearing.
20. June 6, 2024 - DPCR application 24-20000654 for sitework for parking lot, drainage, dry detention submitted.  Pending review with Public Works and Solid Waste. Rejected by Engineering on July 5, 2024. Respondent cannot respond to comments until all reviews are completed.
21. June 13, 2024- Item was pulled at the SM Hearing due to the hearing notice not being sent to the updated mailing address.
22. July 11, 2024 - Specail Magistrate - Order vacating the previous order against the previous owner.  New order granting 90 day extension or fines will begin.
23. September 10, 2024 - 90 day extension provided.
24. January 14, 2025 - DPCR for sitework received last approval.
25. January 27, 2025 - Scheduled an Extension Hearing for February 13, 2025 Special Magistrate Hearing.

Recommendation to be determined at the hearing.