17-898 Ext. of Time

1450 Bell Avenue

Railside LLC

Shaun Coss

Case Initiated:

April 5, 2017

Type of Presentation:

Extension of Time - cont.

OWNER: Railside LLC  Norman Zlinkoff  44-47 Realty LLC  4510 SW Thistle Terrace  Palm City, FL 34490	REG. AGENT: John Katsock, Jr.    Reg. Agent for Railside LLC  4521 SW Bimini Circle N  Palm City, FL 34990
LEGAL COUNSEL:  Alexander Gonano  Gonano & Harrell  TD Bank Building  1600 S Federal Highway - Suite 200  Ft Pierce, FL 34950

 
 

Order Determining Violation August 3, 2017, nunc pro tunc August 2, 2017:

1. Obtain a permit and approved final inspection for the irrigation system.
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.
3. Renew permit 16-1785 for the site work permit.  To obtain approval for the final inspection you must 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 and approval or revocable license agreement from St. Lucie County for the landscape buffer if it is located on the right of way; 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.
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.
5. 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;  The phase-two comprehensive plan must address all other outstanding violations including, having an Engineer complete an evaluation of all structures on the property; 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.

Status as of April 10, 2019:
Item 1- Has been completed.
Item 2- Has been completed.
Item 3- The permit for the site work was renewed and closed.  However, the right of way dedication and payment in lieu of sidewalk connection was not completed according to Kori Benton, now with St. Lucie County Planning Department.  It's my understanding that there was a verbal agreement, that the County may not have been aware of, to defer this to phase 2.
Item 4- A revised scope was not submitted.  A permit for phase 2 has not been submitted including this work.  Therefore, this item is still outstanding.
Item 5- The Building Department has not received any site plan or comprehensive plan submittals. The millings are still present and need to be removed.
 

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 15, 2019 An exploratory demolition permit was issued for the purposes of further identifying areas needing repairs.  The permit has since expired.
7. January 16, 2019 Special Magistrate extended the case for 90 days and rescheduled for April 16, 2019.
8. March 20, 2019 Roof permits were issued for Buildings A & B.
9. March 26, 2019 A permit was applied for to remove and replace 6 windows and 2 doors.
7. March 27, 2019 Advised by Alexander Gonano, legal counsel, that Mr. Katsock has hired/appointed Darren Ofsink to assist with the management of this property and that Mr. Ofsink will be present for the upcoming hearing.