21-3582

4919 - 4921 Oleander Ave

Midway Road Plaza LLC

Logan Winn

Case Initiated:

December 14, 2021

Type of Presentation:

Regular

OWNER: Midway Road Plaza LLC 630 SW Palmetto Cove Port St Lucie, FL 34986

REG. AGENT: Rohit R Patel

FBC 105.1 (2017) Permit Required, IPMC 111.1.4 Unlawful Structure

1. Obtain a permit for interior commercial renovations without a permit.
2. Obtain a permit for business change of use.

DPCR & Permit History:
3. The 1st  DPCR for the Change of Use and Occupancy was submitted on 12/15/2021 and was rejected in Violation & Zoning review on 12/30/2021, a submission on 2/14/22 was later rejected on 2/17/2022. 
4. A 2nd DPCR for the Change of Use and Renovation was submitted on 5/23/2022 and was approved on 6/14/2022.
5. The Commercial Repair Permit for the interior renovation and Change of Use was submitted on 6/14/2022.  The Building plan review was rejected on 6/30/2022, 8/23/2022, 8/30/2022, and 10/4/2022 and was finally approved on 12/29/2022.  The Mechanical plan review was rejected on 8/18/2022, 8/24/2022, 10/3/2022 and finally approved on 12/29/2022.  The Electrical plan review was rejected on 10/4/2022 and approved on 12/29/2022.  The Plumbing plan review was rejected on 8/24/2022, 10/3/2022 and approved on 12/29/2022.  The Commercial Repair permit was issued on 1/6/2023.
6. A Temporary Use Agreement was entered into on 9/26/2022 with a list of required actions with regard to work and permitting that must be completed within 90 days.  The agreement was signed by Ben Fitter of Downtown Benny's Pizza, the contractor W.O. Gregory Construction, Inc., and the Building Official of the City of Fort Pierce.  The agreement expired on 12/26/2022.

Commercial Repair Permit 22-2333 Inspection History:
Fire Prevention Final - 9/30/2022 - Approved
Building Structural Framing   -  1/10/2023 - Disapproved - Not ready, missing required inspections, construction not to plan
Plumbing Rough In - 1/10/2023 - Disapproved - Not ready, missing required inspections, construction not to plan
Electric Rough In - 1/10/2023 - Disapproved - Not ready, missing required inspections, construction not to plan

The City requests that if the Special Magistrate finds the violation of FBC 105.1 exists, the violator(s) be given until the expiration date of the permit to correct construction deficiencies, have all work inspected and approved at least every 180 days until the permit has been closed or a fine of $250.00 per day be assessed.  Once all final inspections have been approved, a Certificate of Occupancy will be issued and the restaurant may resume normal operations.  Further, the City requests that an Order of Review and Determination be found in regard to violation IPMC 111.1.4 with the condition that if the violator(s) resumes operation of the restaurant that utilities may be suspended for this premises to ensure the safety and wellbeing of the public pursuant to the IPMC and an additional hearing will be scheduled for a fine of $500 per day to be assessed due to the non-compliance.