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HomeMy WebLinkAboutTraunter, AndrewLUO~[E~ ANDR _W & ! OUISP' TRAUTNER MEMORANDUM TO: FROM: DATE: SUBJECT: Technical Services Supervisor PlaDn%ing and Zoning Secretary~ Posting of Public Notice for Petition of: The above Petition is scheduled for public hearing on the following date: BOARD OF ADJUSTMENT ............................. PLANNING & ZONING .............................. BOARD OF COUNTY COMMISSIONERS Please implement the posting of public notice by Public Works Before /~..~- 72 at the following location: BOA-DOCS/BOA.AGN ATTENTION: MIKE BOWERS BOB FRANK THIS SIGN TO BE TAKEN DOWN DATE SIGNATURE PLEASE RETURN A SIGNED AND DATED COPY OF THIS TO SUE HARTZOG GROWTh[ MANAGEMENT DIV. SO IT CAN BE ADDED TO THE FILE. ,THANK YOU. TAYLOR S/D N 77.27' OF E 179' OF TRACT A (ONE LOT NORTH OF 2929 N. OLD DIXIE HWY, WEST SIDE OLD DIXIE 1/4 MI SOUTH OF CHAMBERLIN BLV) ANDREW & LOUISE TRAUTNER ST. LUCIE COUNTY AFFIDAVIT OF PUBLIC NOTICE Agent for following the 'St. Lucie County describ d property: TAYLOR ~/D N 77.27' OF · do hereby certify that as Board of Commissioners on the E 179' OF TRACT A (ONE LOT NORTH OF 2929 N. OLD DIXIE HWY, WEST SI~E OLD DIXIE 1/4 MI SOUTH OF CHAMBER~IN BLV) ANDREW ~ LOUISE TRAUTNER I did on , 19 , erect in a conspicuous place on this property the following notice: PUBLIC NOTICE PUBLIC HEARING TO CONSIDER DETERMINING A MOBILE HOME AS A SINGLE- FAMILY STRUCTURE ON THIS PROPERTY WILL BE HELD IN THE COUNTY ADMINISTRATION BUILDING, 2300 VIRGINIA AVENUE, FORT PIERCE, FLORIDA ON 04/28/92 BEFORE COUNTY COMMISSIONERS ON THE 3RD FLOOR ANNEX, COMMISSION CHAMBERS. PETITION AVAILABLE ROOM 201. MEMORANDUM TO: FROM: DATE: SUBJECT: Technical Services Supervisor Planning and Zoning Secretar~ Posting of Public Notice for Petition of: )"nd- The above Petition is scheduled for public hearing on the following date: BOARD OF ADJUSTMENT ............................. PLANNING & ZONING .............................. BOARD OF COUNTY COMMISSIONERS ................... Please implement the posting of public notice by Public. Works Before ¢' /~- 72 at the following location: BOA-DOCS/BOA.AGN MAST REQUEST ( I ~ D ,~ ( 1428-T'k} I .....0001-010/9 "FRAUTNER~ ANDREW E & L.C~UiSE C 2929 N OLD DiXiE HWY F'T' PIERCE ~ FL 54946-8T'20 PAGE:..' (01) OF' i TAX YEAR(C) 1992 VOID YIN(N~ PAF;.:ENT iD NO. D C1. F,' r"F.'-?',c' CLASS, USE (:]:ODE S E C'T ! O N "F 0 W N S H i P RANGE SPECIAL D!S'T SUB)]} l V l S i ON L. OAN VA:CANT/! idPRV V VAC SALE'i. QUA-L / CODE .,.¢~,~ k..iL '-'*L --" 0000 r,,o,-r ~:' .'-'""., ". .... ' ." SALE a ~,,:m 4000 28 O.R. BOL%K 0640 .}>iFS L]. 40E MAP ! 'D _i. 4/28S OQC, O "FAX A rT'I.4 :"~':-'r:n H'~"v 42870 .1. "" L. END * _A. Nr:, (t,iARi-':ET) := 66.1. 0 ,x- ,,.'-, MF',-?,OVEP..EN'T' = * CL. ASS. ~iC.-F." =: .'.- .: 43*, ,Fi -'.;';% -:;3 -;~, E'...L.' "-':: -x.- E X E M P T i 0 N = .................................................................... iS X F Pi P T I O N S E:' 'z -~:: :-4 c:,'ir STATUS %4.,~,~ Tp,~ T cJ. 'r * r-¢.,~ T,S .... ~ ..... r r:'; ~rT] r*¢",.-,r",~".'~'~' P.i "r "..F(] r*~ Ah, mr- P o t I ' ' h'~ a r'25 '"""~ ' ........ ,.,.j~, .1'3',6 P'~ *"¢~: 9aQ.r:, ~,/a, ,d -:::E¢-qul HOT nc:, ,/.~;,:,:-, , ,, Te.'-P, ,: ( ),; ),:..:,..~d:, ] . ~... ... PagE: MAS]" REQUEST ( ".rRAUT'NER~ ANDREW E & LOUIS:E C 2929 OL.D DIXIE HWY F'T P i EP;:C E, FL. 3494.6-8T%?.0 "::, o'::, ,':~ OLD BiX]ic: i--B-',,W CTY D. 0. R ,, C ODE 0 .1_ (}0 CLASS. USE CC}i:)E SECT l ON TOWNSH i F' RANC':]E .................. LE"GAL./PROF'ERTY DE;SC ................ SF:'EC;iAL DZST SLJBD i V i S I 0~"-,, MAC)AN'T/i MPRV i i MR SALE E!UAL / CC.}DE 00 QUAL SAJ .... DATE SOLD i 2/C-:2i85 .SALE AMT .:::t::.: L..'. ['~;. B 5/4. S '"~ .... "- · ,_--. iR. :'-'f-~.Gc. 1382 40E MAP 1' · _ _ -, ¢"=' / .,E.,L%, CD .1. 428'7'01 NOirES YES II:::F'- "" ~ """4:}± 'r ~Iv~ * LAND (MAF,:::iET') = .~ ~' ¥~::..R,F"--~ ,c:"4F-.?, '1" =: 26520 ,,'<- CLASS. USES = * EXEMPTION = 25000 * -FA X A BL.E = ................................................................................... E X EMi::'"F i ONS ' '""'"~'" ' ' W M _- ~::, ~.. ~,~ c:~'T' n 2 5000 ~ :'~ X EM?'T ST'ATUS f ;f ~i.,'R'[zCT .L ;5 ........ u ,..,,., , 'l"O AND ...... a.*,~ THiS ..... '"' L_GAL. ST, LiJC t E CC}LiNTY PRi3PER]'Y APPRA i SER TRAN'-PRO FUNC ( F;,'EQUEST ( ) -.,4. L. EGAi .... DESCRiPTiON SCF.:EEN * {i,'-i:;;/25/92 ].5~:31 I,,D. (:L428...-70:[-C~00].-05C)/5 ) PAGE (0~.) OF 01 TAX YEAR<C) !992 VOiD Y/N(N) SE,C/T'WN/RNG 28/54S/40E PARCEL. 'i42F. FJ-701-OOC~i-O'.30/5 ACCC)LiNT' NO= IOZ<0.1. C:,i (TAYLOR S/D F:'ROM NE COR TF-:,'ACT A.~TH :B 2'.'.:5 i}EEG 04- hiiN 46 SEC EE 80,.-..'.i, 4 } (F:'T TO POB,~"T'H C;'.-;3NT S 25 DE']{.':.'-, 04 Mi N 46., SE{.:; E 84,29 F'T.~T'H S 80 'DE':]G ) (22 MiN 56 SEC W "-";_]'9 F'rT~TH N 24. DEG 50 MiN 06 SEC: W 8-'.=.3-,59 FTyTH N ) AGENDA - BOARD OF'~OUNTY COMMISSIONERS TUESDAY, APRIL 28, 1992 9:00 A.M. Petition of Andrew E. Trautner to define a Class-A mobile home as a single-family detached dwelling unit in RS-4 (Residential, Single Family, 4 du/ac) zoning for the following described property: SEE ATTACHED LEGAL DESCRIPTION (Location: Approximately 1/4 mile south of Chamberlin Boulevard on the west side of Old Dixie Highway, Fort Pierce, FL ) If it becomes necessary, these public hearings may be continued from time to time. Please note that all proceedings before the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a-hearing will be sworn in. Any party to the proceeding will be granted an opportunity to crbss-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners on April 13, 1992. Legal notice was published in the News Tribune, a newspaper of general circulation in St. Lucie county, on April 7, 1992. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/ HAVERT L. FEN~, CHAIRMAN FILE NO. MH-92-001 The north 77.27 feet of the east 179.0 feet of Tract A of Taylqr S/D recorded in plat book 9, page 12 of the public records of St. Lucie County, Florida. The Stuart Nmvs and ..... The Port:St. Lucie News (an editio, of The Stuart News) STATE OF FLORIDA COUNTY OF MARTIN: COUNTY OF ST. LUCIE: Before the u.dersigned authority nppeared KATHY N. PRITCHARD who on oath says that he/sl~e ACCTS REC MANAGER of The Stuart Nexvs, and The l'(~rt St. l~ueie Nex~ks, a daily .ewspaper Ptd)lished at Stuart in Marti. (3(~u~ity. Florida, that the attached copy of advertisement, bei.g a the n~atter of St. Lucie Land Development Code in the Court, was l'ui~lished in The Stuart News and The Port St. l~ucie News i. the issues of ~ril 7, 199'2 Affia.t furtller says that tile said Tile Stuart News and The Port St. Lucie News is a ~mvspaper ptd)lished at Stuart, in said Martin COUllty, Florida with offices and paid cireulati(m i. Martin County, Florida, a.d St. Lucie County, Fl(.-ida and that the said newspapers have heretofore been co.ti;~m(~usly ptd)lished. in said Martin Cou.ty, Fl(~rida and distributed in Marti. County, Florida a.d St. Ix~cie County, Florida, for a period of oue year uext precedi.g the first publication of tim attached copy of advertisen~e.t; and affiant further says that he/she has neither paid nor pron~ised t-W perso., fir.~ or eorporati(). ~.v discount, tel)ate, com.lission or refu.d for the pt.-pose of securi.g this advertisemei~t for publieatio, i. the said ne~k~pal)er, The Stuart News has l~ee~ entered as second class matter at tl~e post office in 8tt art, Martin Ootmty. Florida a.d Ft. Pierce, St. lx~cie C()u.ty, Fh.-ida a.d has been for a period of one year next preceding the first ptd~lication of the attached copy of .... advertisenlellt.~d~/'~' ~~-/- Swot. to a.d subscribed be{ore me this !~ dayof~ A.I). 19 ~- (.Seal) -. SI. LUCIE BOARD OF COUNTY COMMISSIONERS PUBUC HEARING AGENDA APRIL 28, 1992 TO WHOM IT ~/iA¥.CONCERN: NOTICE is I~reby ~iv~. in ac- c~n~ ~ ~ 11.00.03 ~ · e St. L~e ~ La~ De~lop- (Agri~al, zoni~ f~ ~e fol~'~crj~ The .o'h :77.27 f~-~bi~e east 179.0 ~t ~ Trad A of Taylor S/D re~ord~ ia plm ~ok 9, ~ge 12 o~ the public r~ords of St Lucie Coun- t, Horida. south ~f C~in' ~uldvard ~n the we~ side'of Old Dixie High- . .: ~'~ .. . . 3). William & Carol ~laa f~ a ~riance ~o ~t ~9 coq~u~]on of a siagJd Jamily res;d~ce wi~ Shoreline Prot~ioa ~dinance 'in RS-3 ~ide~ial. Sing~ Family'- 3 du~a~ zoning fdr~e fotlo~ng d~ scri~ pra~: .... record~ S/Dt~?~ ? L:: -- third fl~r ~Ce~ Ad~inis~atio~ 28,1992~gb~i~g at 9~00 A.~ as ~n t~ a~ ~sible. Fl~da Sl~es, ~ a ~rson d~id~ iD ~p~l any gedsioa made by b~, ~gen~/'or Commission wi~ I r~d ID any ma~ ~side~ a~ a m~ting ~ h~ring, he will n~ a ~d o~the pr~dings, and for ~ put.se, he may ne~ ~nsure t~J a v~bafim ~ord o~ )r~e~ings is mode. which rec~d nciudes ~e re,many and evidence u~n ~ich the ap~J is to based. BOARD COUN~ CO~ISSIONERS ST. LUCIE COUNTY, ~LORIDA /S/Jl~ MINtX, CHAIR~N ~. · "A", A ANDREW E & LOUISE TRAUTNER 2929 N OLD DIXIE HWY FT PIERCE FL 34946-8720 #1 CHRISTOGIOVANIS C/OAPHRODITEMOULIS 3301 BROAD~AY (SOUTH~OURT) RIVIERA BCH FL 33404-0000 #2 JOHN R &MILDREDB ROHM 163 CHAMBERLIN BV FT PIERCE FL 34946-8757 #3 ROBERT & FLORA CRAMER 167 CHAMBERLINBV FTPIERCE FL 34946-0000 #4 MADELINE C EBERT 171 CHAMBERLIN BV FT PIERCE FL 34946-8757 #5 ROBERT TERRY 2825 N INDIAN R1VERDR FTPIERCE FL 34950-0000 #6 SANDRA S KAPTIS 3350 S U S 1 ET PIERCE FL 34982-0000 #7 GEORGE P & ELAINE H PEED 2805 N INDIAN RIVER DR FT PIERCE FL 34950 #8 2801 N /NDIAN RIVER DR FT PIERCE FL 34946-0000 #9 ETHEL R RGGERS 2713 N INDIAN RIVER DR FT PIERCE FL 34950 #10 R C HAYNESWORTH JACQUELINE H HAYAYESWORTH P O BX 3572 FT PIERCE FL 34948-3572 #11 GELAINE A HUTCHINSON SANDRALHI/IL/~INSON 2705 N INDIAN RIVER DR FTPIERCE FL 34950 #12 DIANEROBERTSON 2701 N INDIAN RIVER DR FT PIERCE FL 34946 #13 RONALD E & CATHERINE ROHM 2627 N INDIAN RIVER DR FT PIERCE FL 34946-1808 ~14 2867 N OLD DIXIE HWY FT PIERCE FL 34946~8719 #15 DOROTRSf E BRUBACH 2879 OLD DIXIE HWY FTPIERCE FL 34946-8719 JEFFREY FREDERICKS 6705 OCALAAV FT PIERCE FL 34951-0000 JOHN & CATHERINE CALHOUN 2895 OLD DIXIE HWY ET PIERCE FL 34946-8719 #18 JOHN H CALHOUN 3117 SENECA AV FT PIERCE FL 34946-6651 #19 DOMINIC PROCINO JOHN S EVANS 31 SOVEREIGN WAY -FT PIERCE FL 34949-0000 #20 JAMES &NE, TX,IE BRINKLEY l130B CARLTON CT FT PIERCE FL 34949-3030 #21 BET15f & AT~,k~N CRESSEY 2117 TURNER RD ~T PIERCE FL 34946-8769 #22 L~O & WENDY IMES 2917 OLD DIXIE HWY FT PIERCE FL 34946-8720 COUNTY ROADS PROPERTY ACQUISITION DIV 2300 VIRGINIA AV ~T PIERCE FL 34982 JOHN ANDERSON, 513OT 3111 S DIXIE HWY STE 112 MAILBOX 122 W PAIMI~ FL 33405 FLORIDA EAST COAST RAILROAD 1 MALAGA ST ST AUGUSTINE FL 32084 ST LUCIEV/I%AGE P O BX 3878 FT PIERCE FL 34948 BOARD OF COUNTY COMMUNITY COMMISSION(ERS DEVELOPMENT ADMIN IST a. TOR June 5, 1992 TERRY L. VIRTA, AICP Andrew E. Trautner 2929 Old Dixie Hi§hway Ft. Pierce, FL 34946 Dear Mr. Trautner: This letter is to confirm that on May 5, 1992 the Board of County Commissioners for St. Lucie County, Florida, gave final approval to your petition for determining a Class A Mobile Home as a detached single family dwelling unit in RS-4 (Residential Single Family 4 du/ac) zoning. , - Ainformation.COpy of the recorded Resolution No. 92-087 is enclosed for your Sincerely, BOARD OF COUNTY COMMISSIONERS .~LUCIE COUNTY, FLORIDA JM: cb Enc 1 osure HAVERT L. FENN, District No. I · JUDY CULPEPPER. District No. 2 · JACK KRIEGER. Disrr c~ No. 3 · R. DALE TREFELNER, District No. 4 · JIM MINIX, District No. 5 County Administrator -- JAMES V. CHISHOLM 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administrator: (407) 468-1590 · Growth Manogement: (407) 468-1553 · Planning: (407) 468-t 576 Property Acquisitions: (407) 468-1720 · Codes Compliance: (407) 468-1571 PORT ST. LUCIE TELEPHONE NO. (407) 878-4898 , 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24::.-_ 26 27 28 29 30 31 32 33:~ 34 35 36 37 38-'- 39 4O 41 42 43 44 45 46.~ 47 48 49 5O 51 52 53 54 :~.~ Fao Doc Assump Doc Yax $_ tnt Tax $, Clerk C~rcul~ Court A RESOLUTION DETERMINING A CLASS A MOBILE HOME AS A DETACHED SINGLE FAMILY DWELLING UNIT IN RS-4 ZONING DISTRICT IN ST LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. County, Florida, has made the following determinations: Luci e 1. Andrew E. Trautner presented a petition for a Class A Mobile Home Permit in RS-4 (Residential, Single Family - 4 du/ac) Zoning District for the property described below. 2. On April 28, 1992, this Board held a public hearing on the petition, after publishing a notice of such hearing in the Port St. Lucie News and notifying by mail all owners of property within 500 feet of the subject property. 3. The Class A Mobile Home determination is consistent with all elements of the~ St.. Lucie County Compr~hensiv? Plan and has satisfied the standards of review set forth in Section 1i~05.02(D) of the St~ Lucie County' Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.. Lucie County , Florida: ~ iLA.f :~ ~ur~ant~o~section I'I: 0.5..-,.02 ::o'f :th~.St.. :. nuoie ~.CD~nt¥!L~nd-' ~ .ueve± op~ent.~.~C" ~o~.e; ~::.~ a. :-TCtas s '...A :~ Mobil ~:... Dete~mina~i~/~or.: TT" ~ Andrew"E."~Trauther-~is hereby'_approved subjec~ t6'-"the following condition: . 1.) The Mobile Home approved herein shall meet the d esi~n specifications as described within ~the .~ .'. ' petitioners application'dated-March 24, 1992.~ The · ~ ..... pitch of the roof shall be-altered to provide a .. - roof slope °f 4: 12, as stated in said appiication; futhermore, said alteration Shall comply with all County CodeRequirements. B.. The Class A Mobile'Home is to be located on the following described property: The North 77.27 Feet of the East 179.0 feet of Tract "A" of Taylor S/D, P.B. 9 PG 12, Official Records St. Lucie County Florida. (Location: Old Dixie Highway., Fort Pierce, FL. ) C. A copy of this resolution shall be placed on file with the St. Lucie County Community Development Administrator. ORR ,.r~. 7 9 2 3 ? 9 1 2 3 4 5 6 7 8 9 10 11 t2 13 14 15 16 17 18 19 2O 21,-- 22 23 24 25 26 27 28 29 3O ;'~ 31" 32 33 · 34 35 36 37~ 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 After motion and second, follows: Chairman Havert L. Fenn Vice-Chairman Jim Minix Commissioner Judy Culpepper Commissioner Jack Krieger Commissioner R. Dale Trefelner the vote on this resolution was as AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED THIS 5th ~ay of .~-~ay , 1992. ATTEST: BOARD OF COUNTY COMMI SSI ONERS ST. LUCIE' COUNTY, · .APPROVED~ CORRECTN! COU MH92001. TLV/djm/ddw 1183572 S1. LUCIF ~r;:;~;',' F. BOARD OF COUNTY COMMISSIONERS ST.~ LUCI E ~COUNTY, ,FLORI DA REGULAR MINUTES Date: April 28, 1992 Tape: 1., 2 convened: 9:15 a.m. adjourned: 11:24 a.m. Commissioners Present: Chairman, Jim Minix, Jack Krieger, Havert L. Fenn, Judy Culpepper, R. Dale Trefelner Others Pres ent: -James Chisholm, County Admi nis trator; Tom Kindred, Asst. County Administrator; Danny Crew, Asst. County Administrator; Dan Kurek, Management/Budget Administrator; Rick Howell, Utilities Administrator; Dan McIntyre, County Attorney; Terry Virta , Community Development Administrator; Clifford Crawford, Leisure Services Administrator; Ronald Brown, Public Works Administrator; Salvador Nabong, County Engineer; Jack Southard, Director Public Safety; Charles Bicht, 'Central Services Director; Morris Adger, Port Director; Donna Trudo, Purchasing Director; Douglas Dixon, Clerk of Circuit Court; Mark Cammarene, G.M. Golf. Course; Julius Morris, Supervisor Contractor Certification; W. Linsen, Sheriff, s Office~ A. Millie White, Deputy C1 erk /~ Resolution No__ .92-051 Reference was made to memorandum from Community Development Administrator, addressed to the Board, dated April 15, 1992, subject Resolution No. 92-081, a resolution approving the petition of Andrew E. Trautner to define a Class A Mobile Home as a Single Family Detached Dwelling Unit in a RS-4 zoning-district. The County Attorney reviewed the State Law regarding mobile homes in single family area. Com. Minix requested the County Attorney contact St. Lucie Village, s attorney - to review the state law and the County' position Mr. Robert Rohm, 163 Chamberlain Blvd. Ft. Pierce, addres, se~ Board regarding the area, s opposition to the mobile home' the It was moved by Com. Trefelner, seconded by Com. Krieger to table this item until next week's meeting so that the County Attorney can research the law and return to the Board with the information; and, upon roll call, motion carried unanimously. E N D A R E Q U E S DATE April 30, 1992 REGULAR May 5, 1992 REQUEST PRESENTATION SPECIAL CONSENT PUBLIC WORK HEARING XXX SESSION ITEM DESCRIPTION - SUBJECT: COMMUNITY DEVELOPMENT - PLANNING Consider approval of Draft Resolution #92-051, granting the petition of Andrew E. Trautner to define a Class A Mobile Home as a single family detached dwelling unit in RS-4 (Residential, Single Family 4du/ac) zoning. Location: Old Dixie Highway, approximately one-quarter mile south of Chamberlin Boulevard. RECOMMENDATION: Staff recommends approval of Resolution #92-051 if the County Attorney determines that the mobile home would retain its Class A designation once it has been structurally altered to provide a 4 to 12 roof pitch. FUNDS AVAILABLE (SPECIFY IF BUDG~ PRESENTED BY~ CONCURRENCE: James Vo' ~hishol~ County Administrator ACCOUNT NUMBER 151000 ~ENDMENT IS REQUIRED) DEPARTMENT:COMMUNITY DEVELOPMENT BOARD OF COUNTY COMMISSION ACTION DATE: 5/5/92 Adopted Res. No. 92~051 and directed the Comm. Dev. Dept. to inspect alterations made to the roof. / Ja~s V. Chisholm nty Administrator Please proceed as approved by the Board. A (~ E N D A R E Q U E .~ T DATE April 30, 1992 REGULAR May 5, 1992 REQUEST PRESENTATION SPECIAL CONSENT PUBLIC WORK HEARING XXX SESSION ITEM DESCRIPTION - SUBJECT: COMMUNITY DEVELOPMENT - PLANNING Consider approval of Draft Resolution #92-051, granting the petition of Andrew E. Trautner to define a Class A Mobile Home as a single family detached dwelling unit in RS-4 (Residential Single Family 4du/ac) zoning. ' Location: Old Dixie Highway, approximately'-one-quart~r mile south of Chamberlin Boulevard. RECOMMENDATION: Staff recommends approval of Resolution #92-051 if the County Attorney determines that the mobile home would retain its Class A designation once it has been structurally altered to provide a 4 to 12 roof pitch. FUNDS AVAILABLE: ACCOUNT NUMBER (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PRESENTED BY ~r ~~ ~Y . ' ta CONCURRENCE': James V. Chisholm County Administrator 151000 DEPARTMENT: COMMUNITY DEVELOPMENT BOARD OF COUNTY COMMISSION ACTION DATE: James V. Chisholm County Administrator COMMISSION REVIEW: MAY 5, 1992 RESOLUHION NO: 92-051 FILE NO.: MH-92-001 M E M O R A N D U M TO: County Commission FROM: Development Administrator DATE: April 30, 1992 SUBJECT: Draft Resolution #92-051 §ranting the petition of Andrew E. Trautner to define a Class A Mobile Home.as a single family detached dwelling unit in RS-4 (Residential, Single Family 4 du/ac) zonin9. The Board tabled this matter for one week at the April 28, 1992 Public Hearing. The matter was tabled so that the County Attorney could research whether a Class A mobile home could retain its HUD designation if it was structurally altered to meet local requirements. Staff had recommended approval to the Board of the petition as originally submitted. Staff recommends that the Board approve Resolution 92-051 if the County Attorney determines that the mobile home would retain its Class A designation once it has been structurally altered to provide a 4 to 12 roof pitch. SUBMIT~]~D: AC~mm~n~t~r~a~o~~lOpment cc: Commission Secretar~ Press/Public File TLV/cb Resoluti/Memo. COMMISSION REVIEW.. April 28, 1992 File Number: MH-92-001 MEMORANDUM To: County Commission From: Development Administrator Date: April 15, 1992 Subj eot: Petition of Andrew.E. Trautner to define a Class A Mobile Home as a Single Family Detached Dwelling Unit in a RS-4 (Residential, Single Family - 4 du/ac) Zoning District. LOCATI ON: EXISTING ZONING: Old Dixie Highway, approximately one- quarter mile south of Chamberlin Blvd. RS - 4 (Residential, Single Family, 4 du/ac). LAND USE DESIGNATION: PARCEL SI ZE: RU (Residential Urban, 5 du/ac). . 32 acres. SURROUNDING ZONING: SURROUNDING LAND USES: FIRE/EMS PROTECTION: UTILITY SERVICE: TRANSPORTATI ON IMPACTS: RS - 4 (Residential, du/ac). Single Family, 4 The surrounding Land Use Designation is RU (Residential Urban, 5 du/ac max.), the existing uses are residential and undeveloped. Station $4 (St. Lucie Blvd.) is approximately ! mile west. The subject property would be served by a well and septic system. RI GHT-OF-WAT ADEQUACY: Old Dixie Highway currently has a right-of-way of thirty (30') feet. The Ultimate right-of-way is sixty (60') feet, therefore, an additional right-of- way reservation may be required. April 15, 1992 Page 2 Petition: Andrew E. Trautner File No.: MH-92-001 SCHEDULED IMPROVEMENTS: CONCURRENCY DOCUMENT REQUIRED: None. A Certificate of Capacity. COMMENTS: The applicant is requesting authorization to install a mobile home meeting the definition of a Class A Mobile Home as set forth in Section 2.00.00 of the St. Lucie County Land Development .Code. If approved, the.petitioners mobile home would be modified to meet the specifications as described within this petition. The dwelling unit would be located on .32 acres with a setback of approximately 65 feet from Old Dixie Hwy, County staff has reviewed the application and determined the proposed unit to comply with the Standards For Review of a Class A Mobile Home as set forth in Section 11.05. 02(D) of the St. Lucie County Land Development Code. Staff recommends approval of this petition subject to the condition that the roof be altered to provide a roof slope of 4: 12, as stated in the petitioners application. If you have any question on this matter, please let us know. SUBMITTED: /3 CONCURRENCE: Terry Vi~a~ Development Administrator Daniel S. McIntyre County Attorney Attachment TLV/DDW/ctm MH9ZOO](DDW-BBC) CC; County Administrator COunty Attorney Pre~s/Public Andrew Trautner 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. 92-087 FILE NO.: MH-92-001 A RESOLUTION DETERMINING A CLASS A MOBILE HOME AS A DETACHED SINGLE FAMILY DWELLING UNIT IN RS-4 ZONING DISTRICT IN ST LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. County, Florida, has made the following determinations: Lucie 1. Andrew E. Trautner presented a petition for a Class A Mobile Home Permit in RS-4 (Residential, Single Family - 4 du/ac) Zoning District for the property described below. 2. On April 28, 1992, this Board held a public hearin~ on the petition, after publishing a notice of such hearing in the Port St. Lucie News and notifying by mail all owners of property within 500 feet of the subject property. 3. The Class A Mobile Home determination is consistent with all elements of the St. Lucie County Comprehensive Plan and has satisfied the standards of review set forth in Section 11.05.02(D) of the St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County , Florida: Pursuant to Section 11.05.02 of the St. Lucie County Land Development Code, a Class A Mobile Determination for Andrew E. Trautner is hereby approved subject to the following condition: The Mobile Home approved herein shall meet the design specifications as described within the petitioners application dated March 24, 1992. The pitch of the roof shall be altered to provide a roof slope of 4: 12, ~as stated in said application. The Class A Mobile Home is to be lo6~ted on the following described property: The North 77.27 Feet of the East 179.0 feet of Tract "A" of Taylor S/D, P.B. 9 PG 12, Official Records St. Lucie County_ Florida. ~ (Location: Old Dixie Highway., Fort Pierce, FL.) C. A copy of this resolution shall be placed on file with the St. Lucie County Community Development Administrator. 1 2 3 follows: 4 5 6 7 8 9 10 1! 12 13 14 15 16 17 18 19 20 ATTEST: 21 22 23 24 25 26 27 28 29 31 32 33 34 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 After motion and second, the vote on this resolution was as Chairman Havert L. Fenn Vice-Chairman Jim Minix Commissioner Judy Culpepper Commissioner Jack Krieger Commissioner ~ Dale Trefelner XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS day of , 1992. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CLERK BY CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY COUNTY ATTORNEY MH92001. TLV/djm/ddw LUCITE BLV ROH~ CRAMER EBERT ;IOVANIS C6 ~RINKLEY ?ROCINO CRESSEY \ CALHOUN TERRY A ALLEN \, ,ON ON ROHM xNDREW LOU]~Sh TF~AUTNE~F~ AGENDA- BOARD OF'C6~{Ty CO~ISSIONERS APRIL 28, 1992 9:00 A.M. Petition of Andrew E. Trautner to define a Class-A mobile home as a single-family detached dwelling unit in RS-4 (Residential, SinGle Family, 4 du/ac) zoning for the following described property: SEE ATTACHED LEGAL DESCRIPTION (Location: ApProximately 1/4 mile south of Chamberlin Boulevard on the west side of Old Dixie Highway, Fort Pierce, FL ) If it becomes necessary, these public hearings may be continued from time to time. Please note that all proceedings before the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cr~ss-examine any individual testifying, during a hearing upon'- request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners on April 13, 1992. LegaI notice was published in the News Tribune. a newspaper of general circulation in St. Lucie county, on April 7. 1992. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/ HAVERT L. FENN, CHAIRMAN FILE NO. MH-92-O01 The north 77.27 feet of the east 179_0 feet of Tract A of Tay~r S/D recorded in plat book 9, page 12 of the public records of St. Lucie County, Florida. Ihe Stu- ...... - .u t News and ne Port St. L'uc e News (an editio of The Stuart iSTATF, OF FI,OI~ll)A COUNTY OF MARTIN: COUNTY OF ST. LUC, IE: Before tile uildersi.~ned authority appeared KATHY PRITCHARD who o~ oath says that he/she accrs REC _ MANAGER -of '['l~e Stuart Nexxus. and The Port St. l.ucie :~ daily-ewspal>er [)tll)lished at Stuart i. Marti~ (.Inure(y, Fioi-ida, that the attached copy of advertisement, bei.g a~ ~blic ~ti~ iii the matter of St. Lm~_ccie Land Devel~ C()ur£. was ['ui~listled ill T|le ['¢'tlLilirt News a~d The Port St. I.ueie News i. the issues of .... : ~rit 7 ~992 Affia,~t further says that the said The Stuart Neu<s a,Kl The l'ort ~t. I~ucie News is a ~[~vspaper pul>lisl~ed at Stuart, iu said NLu t~u Cou~ty, florida with offices a~d paid circulatkn~ Martin Cou~ty, Florida, m~d St. Lucia Couuty, Flr,-idn a~d tlmt the said -ewspapers have heretofore bee~ contiuuouslv pul>lished b ior~da a~d distributed ii~ Florida a~d Bt. Lucia County, Floricla for a period of o~le year " ~ext I~receding the first pul>licati{n~ of tim attached copy advertiseu~e~t; aud affim~t further says that he/she has ~eitl~er paid nor promised a~W perso~, firiti or eorporatio~ a,~y diseotnlt, rebate, eomt~issi()~ or refu[ld for the purl)ose of secu[-i[~ this advertisen~ei~t for publicatio~ i, the said ~exvspaper. 'l'i~e Stuart News l~ts l~ee~, e~tered as see(md ~ . - class nmtter at tl,e l>(>st office in Stuart g-lar/i~ Couilty, I lot ~da, atld Ft. Pierce, ~(l. l.t,cie Couuty, Fl()rida a~ld Ires bee. for a pel-iod ()f olio yeltr :~ext precedi~ tim first ptd~ticatim~ of the attacl~ed eOlB' adve r t ise~ ~e~l il. - Swot. to a.d subscribed be[ore me $1. taCIt IlO^RD Of COUNI? COMMI$$1ONB~ PUBLIC HF_ARIN(~ AGENDA APRR 28. 1992 ~o w.o~. .CONcern: dential, Sidle 'Family =. 4 .du/ac) The n~h 77.27 ~:~f]the east 179.0 f~t ~ Trod A ~ Taylor S/D I cec~d~ in plat bk 9, page 12 of the public r<~ds of St. Lucia Coun- t, Florida. ~ ~Locatlon: ~oxi~ejy ~ mite sash of ~amMlia' Boulevard on · e we~t side of Old Di3i~ High- way). : ..... - - 3]. Wil~qm &. Carol D~an ~ a ~ariance ~o ~m~ Jhe set~ck und& ~' ~t.- ~ie' Riv~ S~reline Prot~i~ ~dinance RS-3 (R~i~MioI. Sin~e Family'- 3 du/o~ zoning [o~ ~e [~lowing Lot ] 1.81~k I. Rai~ Forest {[~Oion~ Wild~n~e South cie C~n~ Commiss]~ Cham~r% ~hlrd fl~r ~ C~n~ Administration ~u~ding Anne~-2300 ~rginio Ave- 28, 1 ~92 ~inni~ O 9~0 A.M. or as s~n ~er~ff~ as ~s~i~e. PURSUANI ~O ~on 28~.0105. to ap~l o~ d~sion ~de 6y ~ - 6~rd. agent, or c~ission with res~ ~o aay moff~ conslder~ at o m~ing or h~ring, he will ne~ a r~ord ~ the ~ings. ond thor [or such put,se, he may need to ensure ~ho~ a v~botim record o{ the proc~ings is ~de. ~h rec~d includes t~ ~e~imony o~ evidence upon which the ap~l k to ~ bo~d BOARD OF COUNTY COMMISSIONERS ST. LUCtE COUNTY, FLOP~IDA /S/JIM M1NIX, CHAIRMAN Pyb~lA'p,~or. 7. 1992 ANDREW E & LOUISE TRAUTNER 2929 N OLD DIXIEHWY FT PIERCE FL 34946-8720 CHRISTOGIOVANIS C/OAPHRODITEMOULIS 3301 BRaY (SOUTH COURT) RIVIERA BCH FL 33404-0000 %2 JOHN R &MILDREDBROHM 163 CHAMBERLINBV FT PIERCE FL 34946-8757 #3 ROBERT & FLORACRAMER 167 CHAMBERLIN BV FT PIERCE FL 34946-8000 #4 MADELINE C EBERT 171 CHAMBERLINBV FT PIERCE FL 34946-8757 #5 ROBERT TERRY 2825 N INDIAN RIVER DR FT PIERCE FL 34950-0000 #6 SANDRA S KAPTIS 3350 S U S 1 FT PIERCE FL 34982-0000 #7 GEORGE P & ELAINE H PEED 2805 N INDIAN RIVER DR FT PIERCE FL 34950 #8 CLAUDIA S~IN 2801 N INDIAN RIVERDR FT PIERCE FL 34946-0000 #9 ETHEL R ROGERS 2713 N INDIAN RIVER DR FT PIERCE FL 34950 #10 R C HAYNE~WORTH JACQUELINEHHAYNESWORTH P O BX 3572 FT PIERCE FL 34948-3572 #11 GEIAINEAHUTCHINSON SANDRALHUTCHINSON 2705 N INDIAN RIVER DR FTPIERCE FL 34950 #12 DIANE ROBERTSON 2701 N INDIAN RIVER DR FT PIERCE FL 34946 #13 RONALDE & CATHERINE RO~ 2627 N INDIAN RIVER DR FT PIERCE FL 34946-1808 #14 F~RTHA AILf~ 2867 N OLD DIXIE HWY FT PIERCE FL 34946-8719 #15 DOROTHY EBI~UBACH 2879 OLD DIXIEHWY FTPIERCE FL 34946-8719 #16 JEFFREY FREDERICKS 6705 OCALAAV FT PIERCE FL 34951-0000 #17 JOHN & CATHERINE CAI/{OUN 2895 OLD DIXIE HWY FT PIERCE FL 34946-8719 #18 JOHN HCALHOUN 3117 SENECA AV FT PIERCE FL 34946-6651 #19 DOMINIC PROCINO JOHNS EVANS 31 SOVEREIGN k%Y FT PIERCE FL 34949-0000 #20 JAMES &N~IW.IE BRINKLEY ll30BCARLTONCT F~ PIERCE FL 34949-3030 #21 BETTY & ALLEN CRESSEY 2117 TURNER RD FT PIERCE FL 34946-8769 #22 LEO & WENDY IMES 2917 OLD DIXIE HWY FT PIERCE FL 34946-8720 PROPERTY ACQUISITION DIV 2300 VIRGINIA AV FT PIERCE FL 34982 JOHN ANDERSON, FDOT 3111 S DIXIE HWY STE 112 MAILBOX 122 W PAIM BCH FL 33405 FLORIDA EAST COAST RAILROAD 1 MALAGA ST ST AUGUSTINE FL 32084 ST LUCIE VILLAGE P O BX 3878 FT PIERCE FL 34948 MEMORANDUM TO: COMMUNITY DEVELOPMENT ADMINISTRATOR FROM: BUILDING CODES SUPERVISOR DATE: 5/4/92 SUBJECT: HUD MOBILE HOMES Spoke with Orville Cummings at HUD, 1-904-488-8600. To his knowledge no one makes a 4/12 pitch roof~ double wides that would meet the travel restrictions of 13'6" (largest size allowable for moving on the roads). When they leave the factory for shipment, they are certified complete. It might ~be possible with a hinged roof to get it approved, but he does not know of any. He said, someone could enter into an agreement to have the unit built in Georgia and ship it to Fla., and then have a certified HUD engineer approve a 4/12 pitch roof. This would require an inspection by HUD before it would be approved. NOTE: THE MAXIMUM PITCH THAT CAN. BE SHIPPED WITHOUT HINGING IS 2 3/4 / 12. I also'checked with Fleetwood Mobile Home Factory and received the same information as was stated by the HUD representative. cc: Code Compliance Director Zoning Supervisor INTRA-OFFICE HEHORANDUM ST. LUCIE COUNTY, FLORIDA Daniel S. MCIntyre, County Attorney Heather Young, Assistant County Attorney~ C.A. NO: 92-843 DATE: April 30, 1992 SUBJECT: Alteration of Certified Mobile Homes Pursuant to your request, I have reviewed the effect of altering a Class "A" mobile home following certification that the mobile home meets the Mobile Homes Construction and Safety Standards of the United States Department of Housing and Urban Development (HUD). Section 11.05.02.B.11 of the Land Development Code requires that an applicant seeking to have a Class "A" mobile home defined as a detached single-family dwelling must provide proof that the mobile home has meet the HUD guidelines and the standards of Section 320.823, Florida Statutes. It should be noted that Section 320.823, Florida Statutes, requires any single-family mobile home manufactured and/or sold in Florida be constructed accordance with the HUD standards. The HUD standards for mobile home construction permit a mobile home distributor or dealer to modify a mobile home, but sale or lease of the mobile home is prohibited if the 'alteration causes an imminent safety hazard or 'fails to conform to applicable federal standards. See 24 CFR Section 3282.254. (Copy attached.) Therefore,' the pitch of a mobile home may be altered after certification, but the roof must still have to conform to the standards for mobile home roofs set forth in 24 CFR Section 3280.305(h). (Copy attached.) I spoke with John Stevens of the Office of M~.nufact~red Homes Certification and Standards, a division of HUD, wh6' confirmed this and indicated that the primary c6ncern in the event-a roof was altered would be the effect upon the roof's load capacity. He also stated that as a practical matter many dealers will not make alterations to a mobile home after it is certified as meeting state and federal guidelines because the manufacturer's warranty may be voided in such instances. Section 320.8245, Florida Statues, provides that a manufacturer's warranty on an altered mobile home is voided as to the altered item Unless the alteration is performed by a person licensed by the county, or the state if no county licensing exists, to perform such alterations. If a dealer performs the alteration, the warranty responsibility for the altered item is transferred to the dealer. The Department of Motor Vehicles is authorized to promulgate regulations cOncerning, alterations "...which///~v substantially ~mpalr the structural ~ntegr~ty or safety of th~// mobile home." S~ction 320.8245(3), Florida Statutes. To date,t such regulations have been issued. Although the statutes do not address specifically the impact of alteration on a mobile home's certification, Ronny Crum, an engineer with the Department of Motor Vehicles, indicated to me that his department does not recertify mobile homes following alteration because the manufacturer will no longer stand behind a warranty for the mobile home. This practice would appear to be in conflict with Section 320.8245 if the alteration is performed by a qualified person. In conclusion, it would appear that a mobile home may be altered and still conform to HUD standards. Given that an altered mobile home may still conform to HUD standards, it would appear possible for a person to meet the requirements of Section 11.05.02.B.11 following the alteration. HY/ Attachments Copies To: Community Development Administrator Land Development Manager BOARD OF COUNTY COMMISSION6RS COUNTY ATTORNEY Danie S. Mclntyre Heather Young ASSISTANT COUNTY ATTORNEY James W. Lancaster, Jr. ASSISTANT COUNTY ATTORNEY Wendy White Camel ASSISTANT COUNTY ATTORNEY Allison E. Bradice ASSISTANT COUNTY ATTORNEY April 30, 1992 Richard V. Neill, Jr., Esquire Neill, Griffin, Jeffries & Lloyd P. O. Box 1270 Fort Pierce, Florida 33454 RE: Class A Mobile Home Regulation Dear Richard: Your letter of April 24, 1992 addressed to Commissioner Jim Minix was referred to this office for response. At the April 28, 1992 meeting, the Board requested that I provide you with a copy of the County's Class A Mobile Home regulations along with an explanation as to the reasons the County adopted these regulations. In this regard, I am enclosing a copy of Section 11.05.02 of the County's Land Development Code along with a copy of Section 320.8285, Florida Statutes (1991). I am also enclosing copies of Scurlock v. City of Lynn Haven, Florida, 858 F.2d 15.21 (llth Cir 1988), Campbell v. Monroe County, 426 So.2d 1158 (Fla. '3rd DCA 1983) and Opinion of the Attorney General of the State of Florida 87-37 (April 21, 1987) which may be of interest to you. S i~ce ~ely, D S. MClntyre County Attorney DSM/caf Enclosures Copy to: Board of County Commissioners HAVERT L. FENN. District No I · JUDY CULPEPPER, District No. 2 · JACK KRIEGER. District No. 3 · R. DALE TREFELNER. District No. 4 · JiM MINIX, District No. 5 County Administrator -- JAMES V. CHISHOLM 2300 Virginia Avenue · 3rd Floor Admin. Annex · Fort Pierce, FL 34982-5652 · Phone (407) 468-1415 FAX (407) 468-1440 ® TDD (407) 468-1428 Secbion 11.05.01 B. SIGN PERMIT The erection, alteration, reconstruction, or conversion of any sign shall not be commenced without obtaining a Sign Permit from the Community Development Administrator. In accordance with Section 9.00.00, no Sign Permit shall be issued for development without the issuance of a concurrent Certificate of Zoning Compliance. C. SEWAGE COMPLIANCE 1. Effect No Certificate of Zoning Compliance or Building Permit shall be issued by the Community Development Administrator for a proposed development until either the St. Lucie County Public Health Unit or the Florida Department of Environmental Regulation has approved a method of sewage disposal for that development. 2. Procedure Ail Building Permit applications shall be accompanied by a scale .drawing of the building and a plot plan showing the proposed sewage disposal system. Copies of these plans shall be submitted to the St. Lucie County Public Health Unit or the Florida Department of Environmental Regulation for the issuance of the appropriate sewage permit. 11.05.02 CLASS A MOBILE HOME PERd~ITS ne APPLICATION FOR PERMIT Any person desiring to have a Class A Mobile Home defined as a detached single-family dwelling unit by the Board of County Commissioners shall submit an application to the CommUnity Developmen~ Administrator, in a form established by the Administrat~, accompanied by a non-refundable application fee, pursuant to Section 11.12.00. B. APPLICATION CONTENTS The application shall include the following information: 1. The applicant's name and address. e Legal description, street address, lot number and subdivision name, if any, of the property upon which the Class A Mobile Home is to be located. 3. Statement of ownership. ~ugust 1, 1990 XI-74 Section 11.05.02 Size of subject p~operty in square feet and acres. Statement describing the type and dimensions of the Class A Mobile Home proposed to be located on the property. Elevations and photographs of all sides of the Class A Mobile Home proposed to be located on the property. A statement describing the exterior dimensions and roof slope of the Class A Mobile Home proposed to be located on the property. 10. 11. A description of' the exterior finish of the Class A Mobile Home, including exterior walls and roof. A description of the skirting materials to be used. A description of the dimensions of the Class A Mobile Home. Proof that the Class A Mobile Home has met the Mobile Homes Construction and Safety Standards of the U.S. Department of Housing and Urban Development, and the standards of Section 320.823, Florida Statutes. 12. A site plan drawn to scale illustrating the proposed use and including the following: 13. Ce a. Location of the property by lot number, block'number and street address, if any. b. The:location of trees of four (4") inches diameter or greater, other natural features of unique or significant character, and proposed landscaping within fifty (50') feet of th~ proposed location for the Class A Mobile Home. c. T~ dimensions of the lot or parcel of land on which the Class A Mobile Home is to be located. d. The location of the proposed Class A Mobile Home on the property, including all setback information. A schematic design of the Class A Mobile Home showing the roof, skirtings, and other improvements. PROCEDURE FOR REVIEW OF CLASS A MOBILE HOME PERMIT .APPLICATIONS Within twenty ~.submitted, the A~/gust 1, 1990 (20) days after an application has been Communiny Developmen~ Administrator shall XI-75 Section 11.05.02 determine whether the application is complete. If the Administrator determines the application is not complete, he shall send a written statement specifying the application's deficiencies to the applicant by mail. The Administrator shall take no further action on the application unless the deficiencies are remedied. Within thirty (30) days after the Community Development Administrator determines the application is complete, he shall review the application, and shall determine whether the proposal complies with the definition of a detached single- family dwelling unit. Following the determination of compliance, the Community Development Administrator shall place the application for the determination of the Class A Mobile Home as a,detached single- family dwelling unit on the agenda of the next available regular Board of County Commissioners meeting, in accordance with the procedures in Section 11.00.03. The public hearing held on the application shall be in accordance with Section 11.00.04. In determining whether the Class A Mobile Home meets the definition of a detached single-family dwelling unit, the Board of County Commissioners shall consider the standards in this subsection. Within a reasonable time of the conclusion of the public hearing, the Board of County Commissioners shall ma~e a.determination as to whether the application meets the definition of 'a detached single-family dwelling unit in the form specified in Section 11.05.02(D). De Notification of the Board of County Commissioners' decision shall be mailed to the petitioner and filed with the Community Development Administrator in accordance with Section 11.00.04. STANDARDS FOR REVIEW In determining'~hether a Class A Mobile Home'meets the definitions of detached single-family dwelling unit, the Board of County Commissioners shall conSider the exterior dimensions, the exterior finish of the roof and walls, and the skirting of the mobile home. Before a Class ~ Mobile Home will be defined as a detached single-family dwelling unit, the Board of County Commissioners must determine that: 1. Minimum Width of Main Body The minimum horizontal dimension of the main body of the mobile home as assembled on the site is not less than twenty August 1, 1990 XI-76 Section 11.05.02 (20) feet, as measured across the narrowest portion, except that in the Agricultural Residential (AR-l), Agricultural-1 (AG-l), Agricultural-2.5 (AG-2.5) and Agricultural-.5 (AG-5), Zoning Districts, no minimumhorizontal dimension shall apply. Minimum Roof Pitch; Minimum Distance, Eaves to Ridge The pitch of the main roof is not less than one (1) foot of rise for each four (4) feet of horizontal run and the minimum distance from eave to ridge is one-half (1/2) the minimum horizontal dimension. 3. Roofing Material~ e The roofing material used is similar in texture, color and appearance to that of detached single-family dwelling units in the same zoning district in which it is to be located. Exterior Finish; Light Reflection The materials used for the exterior finish and skirting are similar in texture, color, and materials to detached single,family dwelling units in the same zoning district in which it is to be located, and are applied in such a manner as to make the Class A Mobile Home similar in appearance with surrounding detached single-family dwelling units. Reflection from the exterior shall not be greater than from siding coated with clear, white, gloss exterior-enamel. 11.05.03 DRIVEWAY PERMITS A. APPLICATION FOR PERMIT Any person seeking to construct or reconstruct any curb cut or driveway on any COunty maintained public road in the unincorporated areas of-the Cq~nty shall submit a permit application to-the County Engineer accompanied by a non-refundable application fee pursuant to Section 11.I7..00. B. APPLICATION CONTENTS Any person seekin~a driveway permit shall submit the original and one (1) copy of an application to the County Engineer. The application shall include the following information: Name and address of the owner of the property on which the driveway is proposed to be located. Except for one- and two-family residences, a set of detailed plans for the proposed driveway or curb cu~ (including the site plan if applicable). August 1, 1990 XI-77 'esponsk fll ealer ~'f tr,~ the e entitled -' and att, on perforrne owner or ranty as .~d cleany .ty that the ~em if the ~ ~er than a }ment shall facturer. ~ARTME ;ate rules ;h define tb ~ made ¢gulate ;ubstar qe mobile ED PERS~ a person ~creation~ ounty licer ~evant ~o qg or ocr ~y certif ~odi' ~ determir 'e requisite ¢ient to Charged ¢alid for :Ret IOCa ncy or De Vahd ; or compet, ~ which 3eten merit of ce~ n a review of ~equac~ or modifk all find mai licens~ ~1-318: ss ~-' 47 :-gree of e homes, E developed with COde -~sonable ru~ for the 3tlon. MOTOR VEHICLE LICENSES trtment inspec,. .:./ snail make unarm ounceo ts or take any other appropn- which assures compliance with the code. Mobile home manufacturers and sealers snail be a fee for spec~a~ mspechons, including, but not plant approvals, 100 percenl plant insoec- frequency inspections, remspections cial consumer complaint investigations as by a manufacture- or dealer or as may be by the department PT'ne departmenl shall aetermme fees for special ; and for the seal authonzed under s. 320.827 sufficient to cover the cost of inspection and under this section. Fees collected shall into the General Revenue Fund. da. 74-169; s. 39, ch 77-357: s 10, ch. 80-217 s. 200. cn 81-259 s. 10, ch. 82-66. ss 6 19, 20. ch 88-147 effective Oclober 1 1998 Dy s. 20. cn 88-147. ana schedules w ll:~,~kanl to s. 11.61 Recreational vehicle inspection._ ~ order to ensure the highest degree of quality tin the construchon of new recreational vehicles 'ensure the safe condition of usec recreational each new or use(:] recreational vehicle sold in shall be respected by the departmenl or , a private firm. person, or agency approved department to COnduct such inspections. recreational vehicle dealers may, upon of the department, ir~spect used recreational inventory and offered for sale Such approval inspections shall be pursuant to procedures by the depar!ment which assure compliance provisions. The deplartment may adoot rea- chapter 120 for the implemen- of this ;nspection. ~spectors Shall make unannounced Ig plants or ~ake any other appropri- assures compliance with the code. vehic, e mar~ufacturers and dealers led a fee for special inspections, including, to, plant approvals, 100 percent plant frequency, inspections reinspec- consumer co~plaint investigations as by a manufacturer o~- dealer or as may be the depa'dment. )artment shall determine fees for special for the seal authorized under s. 320.827 to cover thelcost of inspection and under thi~- sectioh Fees collected shall into the GeneraI R~venue Fund. 80-217: s. 2, ch 81~-3t8: ss. 7. 19.20, ch. 88-147 s 3, ch I, 1998.'by s ~0. cn 88-1a7 aha scneoule~2 11.61 Seal or label; procedures for issuance; requirements.~N¢) dealer shall sol, or in this state any new rpobile home or recre- or used recreational vehicle manufac- 1, 1968, unte~ the mobile home or bears a seal or lobe and the certifi- ~ urer, or by ~ne dealer in the case recreational vehicle, th~[ the mobile home or -~' "- Ch. 320 or exceeas the appropriate code. Any module home oeanng the ms,gnma of approval pursuant to thCs section shall De deemed to comply with the requirements of all ¢ocal government ordinances or rules which govern con- struct~on, and no mobile home bearing the de~)artment insignia of approval shall be ~n any way modified except in compliance with this chapter. Seals or labels may be ~ssued Dy the department when applied for wKh an affi- cavil certifying thal the dealer or manufacl urer applying will not attach a seal or label to any new mobile home or new or used recreational vehicle that does not meet or exceed the appropnate Code. No mobile home or rec. reational veh¢cle may De manufactured m this state unless it bears a seal or label and certification that the moDde nome or recreational veniote meets or exceeds the code. The seal or label for each mobile home or rec- reational vehicle shall be displayed in a manner [o De prescribed Dy the department. Histor"/,--s 8 ch 67-350 s. 7. ch 75-203, s 40. ch. 77-357: s 2. ch. 81-319: s 11, ch 82-6E. ss 19.20. Ct' 88-147 ~Nole---Repealed effective Oc;~ober 1 1998. by s. 20, ch 88-147. aha scr~eou~ed ~320.8285 Onsite inspection.- (1) On or before January 1. 1975 each county in this state shal prepare and adopt a p~an providing for an onsite inspection of eacr] new mobile home located within such county. The onsite inspection shall ensure compliance with state and local building codes, ordi. nonces, and regulations regarding SUCh functions as blocking and leve ins tie-downs utility connections, conversions of appliances, and external improvements on the mobile home. If a mobile home is manufactJred m conformity with the code, as established in s. 320.823, a county may not require modification of the mobile home in order to comply with local tie-down regulations. (2) When a county has not prepared and adopted a plan providing for ons¢te inspection by January 1, 1975, the department shall Prepare a minimum onsite inspec- tion plan for such county. The department may promul- gate reasonable rules and regulations DursuanI to ChaD- ter 120 in preparing and enforcing SuCh a minimum onsite inspection D~an. (3) Each county may designate the persons who are to perform the onsite inspection. If a county does not so designate, the department shall designate the persons who are to perform the on s~te inspection. No person shall be.'uesignated to perform onsite nspections unless _such persbn ~s competent in the areas of mobile home blocking and leveling, tie-downs, utility connections, conversions of appliances, and external improvements. Pursuanl to' the onsite inspecbon, each mobile home shall De issued a certificate of occuoancy if the mopile home complies with state and local Puilding codes, ordi- nances, and regulations regarding such functions as blocking and leveling, tie-downs ut lit .,-~ conversion of appliances an~ ~'---,'- y connections, the mobile home. ' '-' ~"~'~ ~mprovements to (4) Fees for onsite inspections and certificates of occL:,pancy ct mobile homes shall be reasonable for the serwces performed. A guideline for fee schedules sha' be issued by the department. (5) The Department of Highway Safety and Motor ~ to whicn the s:eal is attached meets Vehicles shai anforce every provision of this secbon and 539 i _ MOTOR VEHICLE LiCENS ES the reguiat,ons adopted po r~-'"~t hereto, excep~ that , (3) Any manufaci~ ¢.;; dealer, or inspector Wh.- "~~:'departmen lates or tads Io compl~ith any of the provisi- 320.822-320.862 or any of the r.t~ ~epartment is guilty ~fa misd~;a~;~P~1~bY ~ ~;~e r~ degree, punishable as provided in s 77~ n~e ~75.083, provided such violation is not also ~,.~ t ~::~ ~re¢~/~ me National Mobile Home COn~ .... Standards Act of 1974 or any r~:~;;;t~ order issued thereunder. ' ~ ~L-'~.~ ~ . - Histo~.--s. 12, ch 67.3~; ss. 24 35 ch 69- 06' s 77-357;s, 5, ch 78-22 s 12 ch 80~7'. P ~..'~.'~" ¢~-99 s~. ~:,-~ k Chnm ~ 4~.oh 9~-~4 ...................... ~ ~g.~ ~ ~... ~:~¢ .......... local land use and zoning i,..¥0irements, fire zones, building setback add side and rear yard requirements, sde development and property line requirements, subdi- vision control, and onsite installation requirements, as well as review and regulation of architectural and aes- thetic requirements, are hereby specifically and entirely reserved to local jurisdictions. However, any architec- tural or aesthetic requirement imposed on the mobile home structure itself may pertain only Io roofing and sid- ing materials. Such local requirements and regulations and others must be reasonable, uniformly applied, and '~Note.--Repeaied etfeclive October 1, 1998. by s. 20. ch. 88-147 an0 enforced without distinctions as to whether such hous- ~or review pursuant to s. 11.61. lng is manufactured, located in a mobile home park or a mobile home Subdiv s on, or built in a conventional manner. (6) Park trailers are subject to inspection in the same manner as are mobile homes pursuant to this section. I'listor~.__s 6, ch. 74-169; s. 10, ch, 75-203; s. 1. ch. 77-174; s. 2. ch. 81-318; s 12, ch. 82-66; s. 4, ch. 84~182; ss. 19. 20. ch 88-147· "Note.--Repealed eflective October 1, 1998, by s 20, ch. 88-147, and scheduled for review pursuant to s 11.61. ~320.830 Reciprocity.--If any other state has codes for mobile homes or recreational vehicles at least equal to those established by this chapter, the department, upon determining that such standards are being enlorced by an independent inspection agency, shall place the other state on a reciprocity list, which list shall be available .to any interested person. Any mobile home or recreational vehicle which bears a seal of any state Which has been pieced on the reciprocity list may not be required to bear the seal of this state. A mobile home or recreational vehicle which does-not bear the seal herein prOvided shall not be permitted to be manufactured or Offered for sale by a manufacturer or' dealer anywhere ~320.832 Legislative intent, Nothing herein s.~, ~-"'i';~ b)-. In the ev- ac~tistm°ry.n.u~lif~ ocrh sdu~persede the provisions of chaPter ~"~ ' ~:..;2.~ ~eotly susta · -- - . . -3~; s 3, ch. 76-1~; s. 1 ch. 77-457 80-217; ss. 2: 3, ch. 81-318; ss 19. 20, ch, 88-147. ' ..... ~7 ~ ~L" ~ Cea that tk 'Note.--Repea~d eflective Oclober 1, 1998. by s. ~. ch. 88-147. an0 s~ ~;. ~ Ch, the pe IO .....ew pursuant to s, 11.61. ~;:,; ] ~ed er tiec '320.8325 MObile homes and park trailers; tie-~ requirements; minimum install~ion standards; inj~ ~'~ ~ce policy tions; penalty,-- ~ ~ ~at the m~ ~. ~;~ i~chored or (1) The owner of a mobile home or park trailer ~ ~?~ ~.. Wheneve~ secure the mobile home Or park trailer to the 9rour~ ~ ~ ~lling anch, the use of anchors and tie-downs so as to resist ~ ~'engages in: overturning and sliding. However, nothing herein .. ~ ~-::~ or dealing be construed as requiring that anchors and [,~_~ · ~:,~-~,. ~ ~ ~t~ ~ in a man be installed to secure mobile homes or par~ tr~. ~¢a~m stander which are permanently attached to a permanent s~ ~ ~-~2~ · ture. A permanent structure shall have a founda~;~_ ~¢~ aggrieved the such other structural elements as are required to rules and regulations promulgated by me which assure the rigidity and stability of the m~;;~.' in f ..... ~"~ 'l~ing of a viol, home or park trailer. within the geographical limits of this state unless the mobile home or recreational vehicle is designated for delivery into another state which has not adopted a code entitling such state to be placed on the reciprocity list. Hi$tor~.--s. 11, ch. 67-350; ss. 24, 35, ch. 69-106; s. 8, ch. 74-169; s 8, ch 75-203: s 2, ch. 81-318: ss. 19, 20, ch. 88-147. ~Nole.--Repealed effective October 1, 1998, by s. 20, ch. 88-147, and scheduled for rewew pursuant 1o s. 11.61. :: ,~.....: ,~ engaging (a) A mobile home or park trailer manufact !~_~:~!]i~ to the satis' la..^,_ ,u'red ~!~?~l'~s occurred accordance with the code standards and uu~a'b,- cane and windstorm resistive" shall be ~u ~o~ ~'~.~ ~ anchor_~. --c-~ to the aggrie ~ar.. . ~~t court cos anChor point provided on the mobile home or ~e~ '[~' ~'~ ~'~:'~ by the pr~ A mobile home or park trailer which does not t~~~ ~ JR edition t standards must be anchored with anchor points pa~~e depar[m6 as required by the department starting at eadh end !320.831. Penalties.-- the mobile home or park trailer. · ': : '' (b). lo'addition, each mobile home 0r park trailer (!) Whoever violates any prbv s on of the National be tied down by one of the following means: MObile Home Construction and Safety Standards Act of 1. A mobile home or park trailer having built- 1974, 42 U.S.C. ss. 5401 et seq, or any rules, regula- tions, or final order issued thereunder shall be liable for a civil penalty not to exceed $1,000 for each such viola- tion. Each violation of a provision of the act or any rule, regulation, or order-issued thereunder shall constitute a separate violation with respect t~ each mobile home or with respect to each failure or refusal to allow or perform an act required thereby, except thar'the maximum civil penalty may not exceed $1 million for any related series of violations occurring within 1 year from the date of the first violation. (2) Any individual, or a director, officer, or agent of a corporation, who knowingly and willf*31ty violates the provisions of s. 610 of the National Mobile Home Con- struction and Safety Standards Act of 1974 in a manner which threatens the health or safety of any purchaser is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. are auth jurisdic to grant over-the-roof ties shall be secured by the tie-, any pe points, provided such built-in ties and points meet dist standards promulgated by the department. 2: /* rr~obile home or park trailer not havin, over-the-roof ties and tie-down points which standarc department'standards shall be secured in ac( any pe with standards promulgated by the department, tie-downs (2) The department shall promulgate rules and n that do n.o~ lations setting forth minimum standards for the man: the departn ture or installation of anchors, tie-downs, over-th not in ties, or other reliable methods of securing by th,~ or park trailers wffen over-the-roof ties are not uate due to factors such as unreasonable cost, design t mobile home or park trailer, or potential damage to u'~ section mobile home or park trailer. Such devices requ~r~ that is b under this section, when properly installed, shall ca,..~ ~located on a p the mobile home or park trailer to resist wind overturr~ 7 14 days, and sliding. In promulgating such rules and regulat,ar'~- trailer. 54O Y GENERAL ANNUAL REPORT OF THE ATT( 'EY GENERAL 87-37 ~y provisions of law other :rig authorities. Section a taxing authority must resolution or ordinance dure the provision in s. s in accordance with xg budget procedures edures do not conflict hearings prescribed in s. :lng authorities, but any ,scribe budget procedures such taxing authorities. and adopt tentative and rate in accordance with es established by special ~ municipality is thereby ' to levy ad valorem taxes icipality and subject to .'onsistency between Ch. ~f Florida, and pertinent ~6.211(1) operates to limit -es prescribed therein for ed governmental units in racy between Ch. 74-430, orida, and provisions of in Ch. 74-430, supra, as with such provisions of zles that the act does not .~ct to advertisements and ;, it is my view that Ch. utes on the City of Palm such special act applies which the amount of ad ds by ten percent the ad r exclusive of revenues to ppearing on the previous the provisions of Ch..200, osed budget and holding Ch. 74-430, as amended, ~m Bay in the absence of ess and until judicially your inquiry, I would note ~he taxation article of the ~ns "a statute adopted by vernor. 22 So.2d 398, 400 ~s, Inc., 419 So.2d 1145 (4 _hat phrase "provided by egislature). A special act, vfthe Legislature. See. ss. · 372 So.2d 431 (Fla. 1979), holding that the phrase "by law" as used in s. 14. Art. III, State Const., included "special or local laws." Therefore, unless and until legislatively or judicially determined otherwise, it is my opinion that the terms of Ch. 74-430, Laws of Florida, as amended by Ch. 85-381, Laws of Florida, are operative on the City of Palm Bay as an affected governmental unit in Brevard County in addition to and in the absence of any conflict or inconsistency with provisions of general law relating to the levy of millage and advertistments thereof and public hearings thereon. Accordingly, a referendum of the registered voters of the City of Palm Bay is required by the terms of Ch. 74-430, supra, as amended, if the amount of ad valorem tax revenues for the city's proposed budget for operating funds exceeds by ten percent the ad valorem tax revenues for operating funds of the preceding year exclusive of revenues to be raised from new construction and improvements not appearing on the previous year's assessment roll. AGO 87-37--April 21, 1987 COUNTIES--HOUSING AUTHORITY TO ZONE TO EXCLUDE FACTORY-BUILT HOUSING, UNAUTHORIZED; IMPOSITION OF ADDITIONAL CONSTRUCTION STANDARDS FOR AESTHETIC PURPOSES UNIFORMLY APPLIED, AUTHORIZED. To: Mr. Warren 0. Tiller, County Attorney, Volusia County Prepared by: Craig Willis, Assistant Attorney General QUESTIONS: 1. May a local government exclude factory-built housing which is constructed to the standards of Part IV of Ch. 553, F.S., from a zoning classification that permits conventionally constructed housing? 2. If the answer to question one is in the negative, may a local government impose additional construction standards for aes- thetic purposes applicable to both conventional and manufactured housing? SUMMARY: 1. Local government cannot exclude manufactured housing con- structed to the standards required by the Department of Com- munity Affairs under Part IV of Ch. 553, F.S., from a zoning classification that permtis conventionally constructed housing. 2. Local aesthetic regulations may be uniformly applied and enforced without any distinction as to whether a building is conventionally constructed or manufactured, but such regulations must be reasonable and bear a relationshlp to aesthetic uniformity or safety. AS TO QUESTION ~: Part IV of Ch. 553, F.S., is known as the "Florida Manufactured Building Act of 1979." Section 553.35, F.S. Subsection (1[) of s. 553.36, F.S., defines a "[m]anu- factured building" to mean 97 87-37 ANN?~ L REPORT OF THE ATTORNEY GENERA a closed structure, building assembly, or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating, or other service systems manufactured in manufacturing facilities for installation or erection, with or without other specified components, as a finished building or as part of a finished building, which shall include, but not be limited to, residential, commercial, institutional, storage, and industrial structures. This part does not apply to mobile homes. Manufactured building may also mean, at the option of the manufacturer, any building of open construction made or assembled in manufacturing facilities away from the building site for installation, or assembly and installation, on the building site. The Department of Community Affairs is vested with the authority and duty and responsibility to administer the provisions of Part IV of Ch. 553. Section 553.37, F.S. In carrying out the: administration of the manufactured building act, the depart- ment is vested with the authority and responsibility to promulgate rules which will assure "that each manufactured building is structurally sound and properly installed on site and that plumbing, heating, electrical, and other systems thereof are reasonably safe ...." Section 553.38(1). An examination of Part IV of Ch. 553 reveals that the Act constitutes a state preemption of standards and requirements for manufacture of factory-built housing in the State of Florida. The Department of Community Affairs is vested with the authority to promulgate rules, enter into contracts, and do such ~hings as may be necessary and incidental to the administration of the manufactured building act, and to issue an insignia of approval for all manufactured building in compliance ~th the department s reqmrements promulgated under Part IV of Ch. 553. Section 553.37(1) and (2), F.S. Subsection (3) of s. 553.37 provides that "[a]ll manufactured buildings issued and bearing insignia of approval pursuant to subsection (2) shall be deemed to comply with the requirements of all ordinances or ru~es enacted by any local government which governs construction." And see, AGO 73-107, in which this office opined that a local governmental entity which enacts an electrical code which differs from the electrical code adopted by the Department of Comn~unity Affairs for factory-built housing pursuant to s. 553.38(1) may not require additional approval of factory-built housing units bearing the department's insignia of approval which are subsequently sold or installed within the entity's jurisdiction. Directly responsive to your inquiry, s. 553.38(2), F.S., in pertinent part, provides: The department shall enforce every provision of this par~ and the rules adopted pursuant hereto, except that local land use and zoning require- ments, fire zones, building setback requirements, side and rear yard requirements, islte development requirements, property line requirements, subdivision c0ntrol, and onsite installation requirements, as well as the review and regulation of architectural and aesthetic requirements, are specifically arrd entirely reserved to local authorities. Such local require- ments and r~es which may be enacted by local authorities mu'st be reasonable and uniformly applied and enforced without any d~stinction as to whether a 'building is a conventionally constructed or manufactured building. (e.s.) This provision e~pressly forbids a zoning ordinance which discriminates against manufactured bui~di*~-gs. In Campbell v. Monroe County, 426 So.~d 1158 (3 D.C.A.~ Fla., 1983), the dis~ri¢~ ~.ourt of appeal reviewed a county zoning ordinance which effectively excluded factory-built housing from the particular zoning classification. The zoned area in question r~quired masonry construction for all new housing which is not used in the conbtruction of the manufactured houses. The court, while acknowledging th~ fact that the taw reserves to local governments the authority to enforce zoning requirements that regulate aesthetic appearances, stated at 1161 th at an ordinance ~nnot conflict with state law, "and if any doubt exists, doubt is to be resolved against the ordinance in favor of the statute." Citii~g Retail Credit 98 ANl~ Company v. D~ not conflict wit 661 (Fla. 1972); Fla., 1981), the products or requirements therefore the built housing Based upon t in Campbell v government m: by the Depart~ zoning classifl AS TO QUES~ Section 553.~ and zoning req aesthetic requi (e.s.) This pro~ However, the c~ is also applics required that new housing the testimony only to exctud~ 1161 stats& There is that brick~ housing, covered wi used by ap The appella' different const that the ordin~ void as ap, RU-1M be retationsh: ordinance of state st~ 426 So.2d at uniformity or in conflict wil aesthetic requ manufactured In conclusio~ 1. Local the stand~ Part IV c conventio~ 2. Local without structed o: bear arele ERAL ablies, which ting, or other r installation ~s a finished · lc, but not be ad industrial lanufactured ~y building of cilities away lation, on the city and duty and ~ction 553.37, F.S. g act, the depart- e rules which will nd and properly r systems thereof institutes a state ory-built housing s vested with the things as may be zred building act, ng in compliance f Ch. 553. Section ~.]ll manufactured ~ection (2) shall be ~s enacted by any 107, in which this ztrical code which -~unity Affairs for fional approval of )proval which are nt part, provides: and the rules ning require- nd rear yard :equirements, · s well as the :irements, are local require- ities must be distinction as nanufactured riminates against .2d 1158'(3 D.C.A. : ordinance which ~ng classification. · all new housing s. The court, while ~s the authority to · es, stated at 1161 ,t exists, doubt is to :~ng Retail Credit kNNUAL REPORT OF THE ATTORNEY r ~ERAL 87-37 Company v. Dade County, Florida, 393 F.Supp. 577 (S.D. Fla. 1975) (ordinance must not conflict with controlling provisions of general law); Rinzler v. Carson, 262 So.2d 661 (Fla. 1972); City of Miami Beach v. Rocio Corporation, 404 So.2d 1066 (3 D.C.A. Fla., 1981), the court concluded that the ordinance in question served only to exclude products or techniques used in factory-built housing with no showing that such requirements bore a relationship to aesthetic uniformity or safety, and that therefore the ordinance was void because it in effect discriminated against factory- built housing in violation of state statutes. Based upon the statutory language contained in s. 553.38(2), F.S., and the holding in Campbell v.-Monroe County, supra, I am therefore of the opimon that a local government may not exclude manufactured housing, built to the standards required by the Departn~ent of Community Affairs under Part IV of Ch. 553, F.S., from a zoning classification that permits conventionally constructed housing. AS TO QUESTION 2: Section 553.38(2), F.S., as set forth above, expressly provides "that local land use and zoning requirements, ... as well as the review and regulation of architectural and aesthetic requirements, are specifically and entirely reserved to local authorities." (e.s.) Thisprovision clearly permits local governments to regulate aesthetic matters. However. the case of Campbell v. Monroe County, supra, discussed in Question One, is also applicable to your second question. The ordinance in the Campbell case required that in certain residential zones, exterior masonry walls be constructed on new housing for aesthetic purposes. However, the court found that, based in part on the testimony of the county's building official, enforcement of the ordinance served only to exclude products or techniques used in factory-built housing. The court at 1161 stated: There is no showing of any local condition which justifies a requiremen~ that bricks or stones be used to construct the exterior walls of residential housing, to the exclusion of walls constructed of steel studs and ribbed lath covered with three-fourths inch of stucco -- an approved technique which is used by appellants. The appellants elicited testimony from the county building official that the different construction techniques were not visually distinguishable. The court held that the ordinance was void as applied herein because by requiring that homes in a district zoned RU-1M be constructed of masonry to the roof line, with no showing of a relationship of that requirement to aesthetic uniformity or safety, the ordinance in effect discriminates against factery-built housing in violation o£ state statutes. (emphasis in original) 426 So.2d at 1161. Thus, local regulations having no relationship to aesthetic uniformity or safety which in effect discriminate against factory-built housing are in conflict with and violate s. 553.38(2), F.S. Regulation of architectural and aesthetic requirements cannot be used as a subterfuge to effectively zone-out manufactured buildings. In concluslom I am of the following opinion: 1. Local gc:?ernment cannot exclude manufactured housing constructed ~o the standard~, required by the Department of Community Affairs under Part IV of Ch. 553, F.S., from a zoning classification that permits conventionally co. nstructed housing. 2, Local aesthetic regulations may be uniformly applied and enforced ~vithout any distinction as to whether a building is conventionally con- s~ructed or manufactured, but such regulations must be reasonable and bear a relationship ~o aesthetic uniformity or safety. 99 ii¸ :ason to mainta/n lave ~alue of the their vunting by image in the nd therefore ss to potential value to those Winn failed g these reasons n~ with ,~al conspiracy ~o'rt an inference'i atsushita, 475 1357; m made out a here the sole rer's complaints orce the distributq.ra ;cturer's retail pric-.z,:. afacturer's its image and the 5, ,a, nd to keep ibel s complaints t~ .scounting practice[~: h discounting did to n's most persuasive er from Elegante to t not discounted and ~at Hibel would pre- .nting, did not'rebut :ter was unsolicited showed Elegant~'s ¥inn's discounting: 'ence in Helicopter F.2d at 1535~-which ship agreement ex- the manufacturer's ist was binding, cor- ~ the manufacturer ~st the price cutting ~eting dealer's eom- ~turer's request that ~s the district court ob- cello, New York area ibel dealers. Given this rtainly had a right to SCURLOCK v. CITY OF LYNN HA'WEN, FLA. Cite az 858 F.2d 1521 (llth Cir. 1988) future violations be reported--Hibel never reassured Elegante that it had taken action on its complaints, nor requested that Ele- gante report further pricing violations,s We believe that our disposition of Winn's antitrust claim is mandated by current case law. Other circuits dealing with claims of vertical price fixing since Matsushita and Monsanto have found evidence of price fixing comparable 'or greater than that which Winn presented insufficient to make out a per se case of price fixing. See Culberson, Inc. v. Interstate Elec. Co., 821 F.2d 1092 (Sth Cir. 1987) (summary judg- ment); Garment Dist. Inc. v. Belk Stores Serv. Inc., 799 F.2d 905 (4th Cir.1986), cert denied, U.S. --., 108 S.Ct. 1728, 100 L. Ed.2d 193 (1988) (directed verdict); McCabe's Furniture, Inc. v. La-Z-Boy Chair Co., 798 F.2d 323 (8th Cir. 1986), cert denied, U.S. ,108 S.Ct. 1728, 100 L. Ed.2d 193 (1988) (judgment notwithstand- ing the verdict). AFFIRMED. Henry A. SCURLOCK, Robert S. Scur- lock Debra L. Scurlock and Statewide Mobile Homes of Florida, Inc., a Flor- ida Corporation, Plaintiffs-Appellees, V. CITY OF LYNN HAVEN, FLORIDA, Ddfeudant-Appellant. Nos. 87-3298, 87-3675. United Staie~ Court of Appeals, Eleventh Circuit. Oct. 31, 1988. Owners of mobile home brought action against city challenging city's zoning ordi- 6. Even if the evidence would have permitted the jury to find that Hibel and Elegante conspired to terminate Winn because his conduct harmed the Hibel image, this would be a non-price re- 1521 nance restricting placement of their mobile home. The United States District Court for the Northern District of Florida, No. MCA 84-2129 RV, C. Roger Vinson, J., granted judgment for owners and awarded attorney fees, and appeal was taken. The Court of Appeals, Clark, Circuit Judge, held that: (1) city ordinance attempting to impose greater safety requirements for mobile home than those imposed under Na- tional Manufactured Housing and Safety Standards Act was preempted by Act; (2) city zoning ordinance conflicted with state law and thus, was invalid under principal of preemption; and (3) remand of attorney fee issue was required. Affirmed in part, vacated and remand- ed in part. 1. Health and Environment States ¢=18.69 National Manufactured Housing and Safety Standards Act precludes state and municipalities from imposing construction and safety standards upon mobile homes- that differ in any respect from those devel- oped by Department of Housing and Urban Development. Housing and Community Development Act of 1974, § 604(d), 42 U.S. C.A. § 5403(d). 2. Zoning and Planning Municipalities may zone land to pursue any number of legitimate objectives related to. health, safety, morals, or general wel- fare of community. 3. Health and Environment ¢~20 Municipal Corporations Gity ordinance attempting to impose greater safety requirements for mobile home than those imposed under National Manufactured Housing and Safety Stan- dards Act was preempted by Act. Housing and Community Development Act of 1974, §§ 602-627, 42 U.S.G.A. §§ 5401-5426. straint judged under a rule of reason analysis, a claim no; raised by Winn. See Business Elec- tronics, U.S. at. __, 108 S.Ct. at 1521-22. 1522 ~. SSS FEDERAL REPORTER, 2~._~:'RIES 4. Zoning and Planning ~:~i4 City zoning ordinance, which excluded any mobile home that either did not meet southern standard building code, national electrical code, or electrical code of city, or which did not bear seal of Florida Depart- ment of Community Affairs, conflicted with Florida law providing that local re- quirements and regulations must be rea- sonable, uniformly applied, and enforced without distinctions as to whether housing was manufactured, located at mobile home park, or built in conventional manner, and thus, ordinance was invalid under principal of preemption. West's F.S.A. §~ 320.823, 320.8285(5); Housing and Community De- velopment Act of 1974, § 604(d), 42 U.S.C. A. § 5403(d). 5. Federal Courts a=~945 Remand of issue of propriety of attor- ney fee award was required in § 1983 chal- lenge to city's zoning ordinance restricting placement of certain mobile homes in city, where case involving constitutional chal- lenge based on virtually identical facts de- cided prior to district court order but after trial in district court cast serious doubt on propriety of award. 42 U.S.C.A. §§ 1983, 1988. Larry A. Bodiford,;Panama City, Fla., for defendant-appellant. Lynn C. Higby, BrYant, Higby & Williams, Panama City, Fla., Keith C. Tis- chler, Madigan, Parker, Gatlin, Swedmark, & SkeIding, Tallahassee, Fla., for plaintiffs- appellees. Robert Sass??,, Alabama Manufactured Housing Institute: Webb, Crumpton, McGregor, Sasseri Davis & Alley, Mont- gomery, Ala., for amicus curiae. * Honorable Philip NichoIs.. Jr., Senior U.S. Cir- cuit Judge for the Federal Circuit, sitting by designation. 1. In this opinion, the term "mobile home" is equivalent to the terms "manufactured home," as appears in the Florida Statutes. and "trailer," as appears in the Lynn Haven Municipal Code. 2. Manufactured buildings are factory-built hous- es and are transported to the site upon which Appeals from the United States District Court for the Northern District of Florida. Before KRAVITCH and CLARK, Circuit Judges, and NICHOLS *, Senior Circuit Judge. CLARK, Circuit Judge: The City of Lynn Haven ("Lynn Haven" or "City") appeals from an order holding that a portion of its municipal code is preempted by federal and state law (No. 87-3298) and separately from an order awarding attorney's fees to the plaintiffs under 42 U.S.C. § 1988 (No. 87-3675). In No. 87--3298, we affirm. In No. 87-3675, we vacate the award of attorney's fees and remand. This case involves the regulation and placement of mobile homes ~ in Lynn Ha- ven. Robert E. and Debra L. Scurlock (collectively "the Scurlocks") ow_n a mobile home and desire to place it on residentially- zoned property owned by Mr. Scurlock's father (the "Montana Avenue" property). The Scurlocks' home meets the require- ments of the National Manufactured Hous- ing and Safety Standards Act of 1974, 42 U.S.C. §§ 5401-5426 ("the Act"), and the regulations adopted pursuant thereto, see 24 C.F.R. §§ 3280-3282 ("HUD regula- tions''). Unlike another type of dwelling known as a "manufactured building," how- ever, the Scurlocks' mobile home does not bear the seal of the Florida Department of Community Affairs.2 The City's municipal code imposes a zon- ing regulation on the Montana Avenue property which excludes any home that ei- ther"doe~ not meet the Southern Standard Building Code, the National Electrical Code, and the Electrical Code of the City of Lynn Haven (collectively "SSBC"), or does they are to be located. Unlike mobile homes, however, manufactured buildings are not con- structed on a chassis. Manufactured buildings are inspected at the factory by the Florida De- partment of Community Affairs and are built to the Southern Standard Building Code, which also applies to site-built homes. Grant v. Coun- ty o[ Seminole, r~Ia., 817 F.2d 731 733 (llth Cir. 1987). ' District Florida. ~enior Haven' holding eod~ ~w t orde~ iaintiffS 75). in ~7-367~. ~: ecs and on and nn Ha- curloek mobile ntially- wloek's ~perty). 'equire~ { Hous- e74, 42 nd the I;0, cegula- .veiling ' how- ~es nol; rant of a zon- ~venue :hat ei- andard ctrieal ~ity of r does homes, ti corl- ~ildings :da De. vuilt to which Coun- (llth not bear the seal of the Florida Department of Community Affairs. The Scurlocks' mo- bile home meets neither prong of this regu- lation. It does, however, satisfy all other requirements for siting on the Montana Avenue lot? The City's inspector acknowl- edged that if the Scurlocks' mobile home either had the appropriate seal or met the SSBC, it would have been allowed on the zoned property. Lynn Haven allows mobile homes to-be placed in unzoned areas of the City ~ and in licensed public trailer parks in special mo- bile home districts. Four such trailer parks are located within the City, collective- ly containing approximately 90 mobile homes. Because the Scurlocks "wouldn't live in any of thegn," they initially attempt- ed to obtain a variance from the Lynn Haven City Commission so that they could place their mobile home on the Montana Avenue lot. After the Commission rejected their request the Scurlo5ks brought this suit in federal court, claiming that portions of the City's municipal code violated their rights to substantive due process and equal protection under the fourteenth amend- ment and were preempted by the Act, the HUD regulations, and sections 320.827 and 320.8285 of the Florida Statutes. Much of the evidence at trial concerned the differences between the HUD require- ments and those contained in the SSBC. Expert testimony indicated that, for the RLOCK v. CITY OF LYNN HAVEN, FI_ 1523 Clteas858 F.2d 1521 (llthClr. 1988) ~' that the Act, the HUD regulations, and the Florida statutes precluded municipalities from imposing additional construction re- quirements upon mobile homes built in compliance with the HUD regulations. The court therefore enjoined the City from prohibiting the Scurlocks from placing their mobile home on the Montana Avenue lot and granted attorney's fees to the Scur- locks under 42 U.S.C. § 1988. From these decisions Lynn Haven appeals. DISCUSSION A. Federal Preemption "As in all matters of statutory construc- tion, [federal] preemption, which has its roots in the Supremacy Clause, is a matter of congressional intent." Gushke v. City of Oklahoma City, 763 F.2d 379, 383 (10th Cir. 1985). Congress may evidence its in- tent explicitly by defining the extent to which state law is to be preempted. Michi- gan Canners & Freezers Ass'n, Inc. v. Agricultural Mktg. and Bargaini~zg Bd., 467 U.S. 461, 469, 104 S.Ct. 2518, 2523, 81 L:Ed.2d 399 (1984). Such express preemp- tive language may be found on the face of a statute, in its legislative history, or in regulations promulgated pursuant to the law. Howard v. Uniroyal, Inc., 719 F.2d 1552, 1556 (11th Cir. 1983). In addition, preemptive intent may be inferred when Congress legislates comprehensively, thus most part, the standards are equi?alent~~ occupying an entire field of regulation, or However, there is no dispute that the HUD regulations and the SSBC are not identical. For example, under the Southern Standard Building Code housing must withstand winds of up to 110 miles, per::hour, while under the HUD regulations mobile homes need only withstand winds of up'to 97-99 miles per hour. In addition, electrical wir- ing deemed adequate hy HUD may be in- sufficient to meet the City's local electrical code. Because of these differences, the district court determined that the City could not use noncompliance with the S'SBC to prevent mobile homes from being sited on residentially-zoned property. It held 3. The lot itself also meets all requirements for the residential zoning classification. when state law actually conflicts with fed- eral law and stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress. Mi- .._chi~ga_n~ ~anners, 467 u.s. at 469, 104 s.ct. at 2523. While Congress is free to-~tatut0: rily overturn a finding of no preemption, a state has no recourse once its enactment is held to be preempted by federal law. Thus, if federal and state statutes overlap, they should be reconciled if ac all possible. See Don't Tear it Down, Inc. v. Pennsyl- vania Ave. Dev. Corp., 642 F.2d 527, 534 (D.C.Cir. 1980) (quoting Merrill, Lynch, Pierce, Fenner & Smith, Inc. v. Ware, 414 4. At the time of trial, six mobile homes were located in unzoned areas. 1524 U.S. :~ 127, 94 S.Ct. 383, 389, 38 L. Ed.2d 348 (1'~c3)); see also Chevron U.S.A., Inc. v. Hammond, 726 F.2d 483, 488, 496-97 (9th Cir. 1984), cert. denied sub nov~ Chev- ron U.S.A., Inc. v. Sheffield, 471 U.S. 1140, 105 S.Ct. 2686, 86 L. Ed.2d 703 (1985). [1] In this case Congress has expressly defined the preemptive reach of the Act: Whenever a Federal [mobile] home construction and safety standard estab- lished under this chapter is in effect, no State or political sUbdivision ora State shall have authority either to establish, or to continue in effect, with respect to any [mobile] home covered, any standard regarding construction or safety applica- ble to the same aspect of performance of such [mobile] home which is not identical to the Federal [mobile] home construc- tion and safety standard. 858 FEDERAL REPORTER, 2_~d SERIES locate~~ 9n a enacted the legisli~i ulations eruption e pu~os~~ 42 U.S.C. § 5403(d). The language of ~he statute clearly precludes states and munici- palities s from imposing construction and safety standards upon mobile homes that differ in any respect from those developed by HUD. Thus, if the Lynn Haven ordi- nance conditioned mobile home entry into or sale in the town on compliance with the SSBC, thereby forcing manufacturers to meet consaruction and safety requirements other than HUD standards in order to do business in the City, the municipal act would be preempted. Cf. 24 C.F.R. § 3282.11(b) (states may not condition mo- bile home entry or sale on state inspection if home bears label certifying compliance with HUD regulations). Although HUD- approved mobile homes may be sited in unzoned areas of the City, and licensed trailer parks, if the mobile home is to be sited in resi4~ntially_zoned regions, it must meet requirem'ents other than those speci- fied by HUD. 'As stated by the district court: The City has not attempted to explain why a mobile home is accepted as safely constructed when it is located in a desig- nated mobile home park or an unzoned area of the City, while maintaining that it 5. Preemption analysis is the same for both state statutes and local ordinances. City of Burbank is n¢.j~fely constructed if it is within a residentially-zoned area. At 13. In considering the federal legislation its impact upon the ordinance Lynn Haven, we must turn to the le tire history and the HUD regulations order to resolve the federal preemption sue. According to Congress, the of the Act "are to reduce the number personal injuries and' deaths amount of insurance costs and damage resulting from [mobile] home dents and to improve the quality bility of [mobile] homes." § 5401. The Act undoubtedly consumer safety legislation. See 1974 Code Cong. & Admin. News 4279, Under its provisions, manufacturers of bile homes must notify purchasers abou~- any construction or safety defects and eor~ rect many at no charge to the consumer~:_~ See id. § 5414(a), (g). If a manufactur~ discovers a defect before the mobile home is purchased by the consumer, it must "im~ mediately repurchase" the home from ~ dealer or provide for repairs. /ri § 5412(a). Moreover, HUD is authorized-to release to the public information concern-. ing construction and safety defects present in particular homes, id. § 5413(c)(5), and manufacturers must provide purchasers w/th manuals explaining the operation, maintenance, and repair requirements of their mobile homes, id. § 5416. Finally, the.Act states, that "[ t]he. rights' afforded [mobile] home purchasers under this chap- ter may not be waived, and any provision · of a contract ... to the contrary shall be void." -rd. § 5421. However, while con- sumer protection represents the primary goal of ~the legislation, complete safety is not to be obtained at all expense: in pro- mulgating regulations, HUD must "consid- er the effect of [the standards] on the cost of [mobile] home[s] ~o the public." Id. § 5403(f)(4). - Pursuant to this congressional mandate HUD has developed standards covering "all equipment and installations in the de- v. Lockheed Air Terminal, [nc., 411 U.S. 638, 93 S.Ct. t854, 1862, 36 L.Ed.2d 547 (1973). :t is loca '~rea. enacted the legis]a~; relations ~emption '~ ~e purpose~ number d prope~ ~ and repreae~ e 1974 re~ of se~ ab~ ~ and~; :onsume~. :nufac~e~ obile 'hOme a from ~e affs. · o~d ~ 'D COn~- z~ p~sent ;(c)(5), and ~e~ ope~fion, emen~ of ~ally, ~ affo~ed ~ cha~ - pro,sion . ~ shall be w~le con- -e P~aw safeW is e: in pr% zt "consid- n %e ~st ~lic." mandate covering in the de- I U.S. 624, 547 (1973). '--'SCURLOCK v. CITY Cite as 858 F.2d sign, eonstrueti(~nj fire safety, plumbing, heat-producing and electrical systems of [mobile] homes." 24 C.F.R. § 3280.1(a). The HUD regulations seek to establish per- formanee requirements, see id. § 3280.1(b), in order to protect the public against any ~tnreasonable risk of death, injury, or the occurrence of aeeidents due to the design or eonstruetion of mobile homes, see id. § 3280.2(a)(18). Among the regulations is one guiding our analysis of the federal preemption issue: No State or locality may establish or enforce any rule or regulation or take any action that stands as an obstacle to the accomplishment and execution of the full purposes and objectives or Congress. The test of whether a State rule or action is valid or must give way is whether the State rule can be enforced or the action taken without impairing the Federal superintendence of the [mo- bileJ home industry a~ established by the AcL Id. § 3282.11(e) (emphasis added). Thus, we must determine whether the Lynn Ha- ven zoning ordinance impairs the federal superintendence of the mobile home indus- try under the Act. [2] The law is well-settled that govern- mental bodies like Lynn Haven "have the right to set minimum standards for hous- ing in residentially-zoned districts." Grant v. County of Seminole, Fla., 817 F.2d 731, 736 (11th Cir.1987). Municipalities may zone land to pursue any number of legit- imate'objectives related to the health, safe- ty, morals, or general welfare of the com- munity. See generally I R. Anderson, or LYNN HAVEN, ~%A. 1525 1521 (llthClr. 1988) Monroe County, ~'~6 So.2d 1158, 1161 (Fla. Dist. Ct. App.1983). [3] Since the City ordinance has greater safety requirements for a mobile home than the Federal Act, the ordinance must give way to the Act. There is no other impediment to the Scurlock's being granted a building permit and we affirm the district court. The City cannot attempt land use and planning through the guise of a safety provision in an ordinance when that safety requirement is preempted by federal law. See Pacific Gas & Electric Co. v. State Energy Resources Commission, 461 U.S. 190, 204-16, 103 S.Ct. 1713, 1722-28, 75 L. Ed.2d 752 (1983). B. State Preemption [4] Under Florida law, "preemption" Of local legislation cannot occur absent an ex- press, specific statement by the state legis- lature. See, e.g., Tribune Co. v. Cannella, 458 So.2d 1075, 1077 (Fla.1984), appe[~l dis- missed sub nom. DePerte v. Tribune Co., 471 U.S. 1096, 105 S.Ct. 2315, 85 L,Ed.2d 835 (1985); Board of Trustees v. Dulje, 453 So.2d 177, 178 (Fla. Dist. Ct. App.1984). A lack of express preemption does not auto- matically validate a local enactment, how- ever. Rather, even "[w]here both the state and a municipality are empowered to legis- late on a topic, the .municipality [still] may not enact legislation which directly con- flicts with the state statute. Jif] a conflict arises, the state statute must prevail." Board of 2rustees, 453 So.2d at 178; see also Edwards v. State, 422 So.2d 84, 85 (Fla. Dist. Ct. App. 1982) ("A state statute al- ways prevails over a conflicting municipal American .~?W_O~_Z_qn'i~g 3d__~_ 7.01~w_7.03 ordinance."). Moreover, any doubts as to (1986). The City is a[t~mpting to exclude "~ the existence of a conflict are to be re:' ...... the Scurlock's mobile home from its R-AA section based solely on its safety code. The City building inspector agreed that if the home met the Southern Building Code requirement, a permit would be issued. Thus the City apparently wishes to apply its safety code to enforce l~nd use. Un- doubtedly it could limit Zone R-AA to con- ventionally-built residences and exclude mobile homes. See Grant v. Seminole County, 817 F.2d at 736, and Campbell v. solved against the-local ordinance and in favor of the state statute. See Campbell v. Monroe County, 426 So.2d 1158, 1161 (Fla. Dist. Ct. App.1983). Thus, even though Florida follows a "restrictive application of the preemption doctrine," Tribune Co., 458 So.2d at 1077, municipal legislation remains invalid to the extent it conflicts with state law. The Florida legislature, recognizing the supremacy of the Act with respect to the 1526 construct/¢ ~-~ nd safety of mobile homes, has adopteh'-~he HUD regulations as its own. See 42 U.S.C. § 5403(d) (authorizing states to establish regulations identical to the federal standards); Fla. Stat.§ 320.823. Florida also has expressly reserved to mu- nicipalities the right to enact zoning regula- tions that affect mobile homes. Section 320.8285(5) of the state's motor vehicle code provides that "It]he Department of Highway Safety and Motor Vehicles shall enforce every prov/sion of this section and the regulations adopted pursuant hereto, except that local land use and zoning re- quirements ... are hereby specifically and entirely reserved to local jurisdictions." Although the Florida legislature has re- served to localities the power to zone, it has placed significant restrictions on that pow- er as it may be applied to mobile homes: "Such local requirements and regulations and others must be reasonable, uniformly applied, and enforced without distinctions as to whether such housing is manufac- tured, located in a mobile home park or a mobile home subdivision, or built in a con- ventional manner." Fla.Stat. § 320.8285(5) (emphasis added). According to the Scurlocks, the Lynn Haven zoning regulation conflicts with these restrictions. The question of whether the City's ordi- nance as applied to the Scurlocks; mobile home conflicts with section 320.8285(5) is a difficult one. See Grant, 817 F.2d at 732 ("a novel question of state law that [is] by no means clearcut"). The statute's mean- ~ ing has not been authoritatively interpreted _ by the Florida courts. However, we do possess several tools that guide our analy- sis in this area. First, in Campbell, 426 So.2d at 1160, a Florida Court of Appeals construed a statutor_x- restriction relating to. ..... manufactured buildings that is similar to the one at issue here. Because we have no indication that the Florida Supreme Court would have found the Campbell result to have been error, we are persuaded by the decision therein. See Allen v. A.G. Ed- wards & Sons, Inc., 606 F.2d 84, 87 (5th Cir. 1979); see also Bradb~try v. Wain- wright, 718 F. 2d 1538, 1540 (llth Cir. 1983). Second, we give substantial weight to the local district court's interpretation of sec- 858 FEDERAL REPORTER, 2d SERIES tion 320.82[.~.,~//. See Eason v. Weaver? 557 F.2d 1202, 1206 (5th Cir. 1977); see also~ Southern Ry. Co. v. State Farm MuLl Auto. Ins. Co., 477 F. 2d 49, 52 n. 3 Cir. 1973) ("A districtJ'udge,s tions on questions involving the law of-. state are entitied to great weight."). Final:[ ly, we recognize Campbell's admonition-, """ that any doubts must be resolved against-~ the ordinance. Campbell, 426 So.2d a~ 1161. With these analytical principles-inj mind, we return to the question at hand:~ In Campbel~ the Florida court was faced with a local regulation that for aesthetic purposes required residences to be coh- structed of masonry. Id. at 1159 ri2'~l. Much as is the case here, however, State law restricted the zoning power of lo~al authorities regarding manufactured ~uild- ings by requiring them to "enforce their regulations 'without any distinction as'-to whether [a dwelling] is a conventionally constructed or manufactured building.".', Id. at 1160. The local ordinance serve6to preclude the purchaser of a manufactured~ building from locating his dwelling-on :cer-.- tain residentially-zoned property, for evew though his dwelling satisfied the bnilding-~ code and looked as though it was made of: masonry, it actually was constructed, of steel, wood, and stucco. According to the court, the local ordinance conflicted ~with. the state statute: it is all too clear that enforcement of the ordinance against [the purchaser] serves only to exclude products or techniques used in factory-built housing. There ~is' no showing of any local condition which justifies a requirement that bricks o~ stones be used to construct the exterior walls of residential housing, to the exclu- sioi{~ of wall~-co~tructed of steel, studs and ribbed lath covered with three- fourths inch of stucco--an approved technique which is used by [the manufac- turer]. Id. Because of the conflict, application of the ordinance ~o manufactured buildings was invalid: [This section] of the Monroe County Code is void as applied herein because by requiring that homes in a [residential- r ( ( 1 i ( ] )les ~n .~l'ly in~'," · :turdd! even' de of ed. of o the ~f the erves iques ~'hich ZS ~rior hree- 'oved ' ufac- ~n of tings unty ause ~tial- S~-~RLOCK v. CITY OF LYNN HAVEN, FL~- Clteas855 Fald 1521 (llthClr. 1988) ly-zoned district] be constructed of ma- sonry .... with no showing of a relation- ship of that requirement to aesthetic uni- formity or safety, the ordinance in effect discriminates against factory-built hous- ing in violation of state statutes. Id. In this case we deal not with aesrhetic regulations but with structural ones. The Scurlocks' mobile home, although con- structed using techniques approved by both the state and federal governments, is pre- cluded by the Lynn Haven building code from being sited on the Montana Avenue lot. As the district court found, because site-built homes and manufactured build- ings could be located there, the ordinance seems to exclude only products or tech- niques used in constructing mobile homes, in contradiction of that portion of section 320.8285(5) requiring localities to enforce regulations "without distinctions as to whether such housing is manufactured ,.. or built in a conventional manner." More- over, Lynn Haven made no showing of a local condition establishing the necessity of adhering to the SSBC when the evidence indicates little difference between it and the HUD regulations as far as the safety and structural integrity of the homes are concerned. Nor would such a showing have mattered here. Assume, for example, that Lynn Haven established that local winds reached speeds of more than 97-99 miles per hour, the maximum velocity for which manufacturers must construct mo- bile homes under the HUD regulations. Under the Campbell analysis, the showing might justify Lynn Haven's decision not to allow the Scurlocks to site their home on Montana Avenue Howeve~ section 320.- 1527 struction and safety. Thus, under Florida law Lynn Haven cannot require mobile homes to meet other construction and safe- ty requirements in order to be sited outside of these parks; to do so would make dis- tinctions as to whether the homes were or were not located within mobile home parks. Because the Lynn Haven zoning ordinance as applied to the Scurlocks conflicts with section 320.8285(5), it cannot be used to proh~it them from locating their mobile home on the Montana Avenue property.~ We therefore AFFIRM the decision of the district court in No. 87-3298. C. Attorney's Fees [5] Section 1988 of Title 42 provides that "[i]n any action or proceeding to en- force a provision of section[ ] ... 1983 .... the court, in its discretion, may allow the prevailing par~y ... a reasonable attor- ney's fee as part of the costs." According to Congress, section 1988 does not require that a litigant actually obtain relief under section 1983, however. Rather, in some cases the court may award attorney's fees when a party prevails on other grounds: "To the extent a plaintiff joins a [section 1983] claim ... with a claim that does not allow attorney's fees, that plaintiff, if it prevails on the non-fee claim, is enti- tled to a determination on the other claim for the purpose of awarding counsel fees. In some instances, however, the claim with fees may involve a constitu- tional question which the courts are re- luctant to resolve if the non-constitution- al claim is dispositive. In such cases, if the claim meets the 'substantially' test, attorney's fees may be allowed even 8285(5) goes even further than,;the st~t~ ....... though the court declines to enter judg- discussed in Campbell. Under section 320.8285(5), localities must also enforce or- dinances "without distinctions as. to wheth- er such housing is ... located in a mobile home park." The City concedes that based on its code the Scurlocks' home can be sited in a mobile home park merely by v~eeting the HUD regulations concerning con- 6. Any doubt as to the language of the statute and whether it conflicts with the Lynn Haven zoning regulation has been resolved in favor of ment for the plaintiff on that claim, so long as the plaintiff prevails on the non- fee claim arising out of a 'common nucle- us of operative fact.'" Mater v. Gagne, 448 U.S. 122, 132 n. 15, 100 S.Ct. 2570, 2576 n. 15, 65 L.Ed.2d 653 (1980) (quoting H.R.Rep. No. 94-1558, at 4 n. 7 (1976)) (citations omitted). In addition, the statute and against the ordinance. See Campbell. 426 So.2d at 1161. 1528 the unadd~r~sed fee claim must be "reason- ably related to the plaintiff's ultimate suc- cess.'' Smith v. Robinson, 468 U.S. 992, 1007, 104: S.Ct. 3457, 3465, 82 L. Ed.2d 746 (1984). Thus, in order to receive attorney's fees when only non-fee claims are ad- dressed, a plaintiff must show that it (1) has "prevailed" and that the section 1983 claim (2) meets the "substantiality', test, (3) arises from a "common nucleus of opera- t/ye fact" with the non-fee claims, and (4) is "reasonably related to the plaintiff's ulti- mate .success." 858 FEDERAL REPORTER, 2d/-~RiES Prongs (1), (3), and (4) of this test are not seriously in dispute here. The Scurlocks sought in their complaint a declaration in- validating the Lynn Haven ordinance and an injunction prohibiting the City from in- terfering with the placement of their mo- bile home. The district court granted this relief and we have affirmed. Thus, be- muse the Scurlocks "received substantially the relief requested," Martin v. Heckler, 773 F.2d 1145, 1149 (11th Cir. 1985), they are "prevailing parties" within the meaning of section 1988. In addition, the Scurloeks' fee and non-fee claims both arose out of the City's refusal to permit them to site their mobile home on the Montana Avenue property. This key fact forms the "com- mon nucleus" from which all the theories for recovery derived. Finally, fee claims are "reasonably related" if they are aimed at achiev/ng the same result based on the same facts or legal theories. See Smith, 468 U.S. at 10115, 104 S.Ct. at 3470; accord Seaway Drive-In, Inc. v. Township of Clay, 791 F.2d 447, 455 (dth Cir.), cert. denied, 479 U.S. 884, 107 S.Ct. 274, 93 L.Ed. 2d 251 (1986). In other words, if the as Permanent as manufactured buildings. fee and non-fee claims merely present al- The complaint also suggests that thereis ternate 'theor2~s. of recovery'for the same ....... no rational basis for allowing [mobile] injury, they are~reasonably related. See homes to be located in a mobiIe home Seaway, 791 F.2d at 455. In this regard district, but not elsewhere. These alle- 1983 specifically provides for equitable relief, and declaratory relief is available on any claim that presents an actual con- troversy [28 U.S.C. § 2201], [the Scur- locks'] [s]ection 1983 claim was simply an alternate basis of obtaining the relief received on preemption grounds. The difficult issue in this appeal is whether the Scurlocks' section 1983 claim meets the substant~ahty,, element of Mat- er. A claim is "substantial" if it remains "open to discussion," is not "obviously friv* olous," and is not foreclosed by prior court decisions or not"o~-merw~se' completely de- void of merit." See Hagans v. Lavine, 415 U.S. 528, 537, 543, 94 S.Ct. 1372, 1382, 39 L.Ed.2d 577 (1974). According to the trict court: The complaint in this case alleges in relevant part that Lynn Haven's Munici- pal Code denies due process and equal protection of the laws because i~- discrimi- nates without any rational basis between forms of manufactured housing. Specifi- cally, it permits the siting of manufac- tured buildings in areas zoned [as resi- dential], but prohibits the siting of [mo- bile] homes in any ... district except mobile home d/stricts .... IT]he com- plaint states that the two forms of manu- factured housing are governed by compa- rable construction standards; that the [mobile] homes in question are as aesth- etically pleasing as the manufactured buildings ~ermitted in [residential areas]; and that ~m0bile] homes are attached to rea] property in a way that makes them we agree with th'e district court: The relief [sought and] obtained by the [Scu~locks] here was a declaration that certain aspects of the City of Lynn Ha- ven zoning and building regulations were unconstitutional and an injunction bar- ring the City o~. Lynn Haven from en- forcing the unconstitutional aspects of those regulations. Because [s]ection gations, I believe, sufficiently indicate that Lynn Haven's Municipal Code dis- criminates against manufactured homes in a way that bears no substantial rela- tion to the public health, safety, morals, or general Welfare. I conclude, there- fore, that the plaintiffs' equal protection and due process claims were substantial under Hagans .... -~s for equitable elief is available ts an actual con- '201], [the Scur- m was simply an ining the relief grounds. this appeal is ;tion 1983 claim element of Mah- fi" if it remains "obviously friv- d by prior court -~ completely de- s v. Lavine, 4115 . 1372, 1382, 39 ding to the dis- case alleges in Haven's Munici- ~cess and equal ~use it discrimi- d basis between ousing. Specffi- ,ag of manufae- zoned [as resi- e siting of [mo- district except .. iT]he corn- forms of manu- erned by compa- .ards; that the )n are as aesth- -~ 'manufactured sidential areas]; are attached to ~at makes them ~tured buildings. !owing [mobile] a mobile home re. These alle- eiently indicate icipa] Code dis- factured homes ubstantial rela- safety, morals, :onclude, there- :qual protection 'ere substantial BRUN Before the district court entered this or- der, but after trial, this court decided the case of Grant v. County of Seminole, Fla., 817 F.2d 731 (llth Cir.1987).* Grant inx;olved a constitutional challenge based on virtually identical facts s: the county allowed manufactured buildings but not mobile homes to be sited in a particuIar residential zone. See Grant, 817 F.2d at 733. The trial court upheld the zoning regulations, however, holding that they were rationally related to legitimate gov- ernmental goals. Specifically, testimony indicated that debatable issues existed re- garding wind vulnerability of mobile homes, among other things, and that the locality allowed mobile homes to be placed elsewhere. The Grant plaintiffs also failed to demonstrate that the county had no rational basis for distinguishing be- tween manufactured buildings and mobile homes. See id. at 836. On appeal, this court likewise rejected the section 1983 ar- guments, and affirmed on the basis of the district court's opinion. Id. at 832. The Grant decision casts serious doubt on the "substantiality" of the Scurlocks' section 1983 claim. If Grant had been decided by this court (and therefore been binding on the district court) before the Scurlocks filed their complaint, we suspect that the section 1983 claim effectively would have been foreclosed by the decision. However, at the time this case was tried only a non-binding decision of the Middle District of Florida had been rendered. Be- cause the district court's opinion in this case makes no reference to the Grant deci- sion, we vacate the attx)rney's fee award and remand for reconsideration in light of ..... Grant2-'~In de~3r.,rnining whether and in what amount att~,rney's fees should be awarded, the district court may consider 7. Th~ trial o~ this case occurred on August 25- 26, 1986. On May 27. 1987, the Grant decision was issued, and on September 4, 1987 the dis- tric~ court granted the Scurlocks' request for attorney's fees. 8. In fact, the same lawyer represented the plain- tiffs in Grant and in this case. 9. The parties agree that an argument based on [ederal preemption is not cognizable under 42 U.S.C. § 1983. See Pirolo v. City o/Clear'water, INC. v. UNITED FOOD & COM. WKIk~4NTERN. 1529 Cite as 858 F.2d 1529 (llth Cir. 1988) the date of the GranF'decision and whether and how its holding affects the Scurlocks' section 1983 claim)~ We therefore VA- CATE the judgment of the district courtin No. 87-3675 and REMAND for proceedings consistent with this opinion. BRUNO'S, INC., Plaintiff-Appellee, V. UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION, LOCAL 1657, Defendant-Appellant. No. 87-7743. United States Court of Appeals, Eleventh Circuit. 0ct~ 31, 1988. Employer brought action to challenge arbitrator's decision instituting new policy to discipline cashiers who failed to charge customers for items placed in lower com- partments of shopping carts. The United States District Court for the Northern Dis- trict of Alabama, No. CV87-PT-0885-S, Robert B. Propst, J., entered summary judgment in'favor of employer. Union ap- pealed. The Court of Appeals, Johnson, Circuit Judge, held that collective bargain- ing agreement barred arbitrator from cre- ating new rules to replace rule that was invalidated as unr~a-~onable: Affirmed. 711 F.2d 1006, 1011 (llth Cir. 1983). Thus, even if we had affirmed the decision in No. 87-3298 on [ederal preemption grounds we would still remand on this question. 10. Cl. Hamer v. County o/Lake, 819 F.2d 1362, 1367-68 & nn. 11-12 (7th Cir. 1987) (discussing intervening legal devel6pments rendering law- suits frivolous so that defendants may receive attorney's fees under section 1983). 1158 Fla. SOUTHERN REPORTER, 2d SERIES [4-6] Next, appellants contend that we must reverse because the trial court permit- ted defense counsel to inform the jury dur- ing voit dire that Kearse was uninsured. We agree that it is generally inadvisable to present evidence of non-insurance to the jury. Daniel v. Rogers, 72 So.2d 391 (Fla. 1954); see Steeher v. Pomeroy, 253 So.2d 421 (Fla. 1971) (to reveal amount of defend- ants' insurance coverage would allow de- fendants to disclose minimal limits when advantageous); Beta Eta House Corp. v. Gregory, 237 So.2d 163 (Fla. 1970) (existence or amount of insurance coverage has no bearing on issues of liability and damages, and such evidence should not be considered by the jury). However, we find an excep- tion here. Defense counsel was merely clarifying a statement by a venireman who had expressed a belief, based on his own experience, that Kearse's personal assets would not be placed in jeopardy by the litigation. Kearse's counsel questioned the prospective juror to determine whether he undersrx~l that. Kearse's position differed from that of the Prospective juror. Fur- thermore, although appellan~ objected to the inquiry, he failed to obtain a ruling from the court~ Thus, if error existed, it was not preserved. We note that appel- lants did not avail themselves of the oppor- tunity to request that questioning with re- . gard to insurance be conducted outside the presence of other potential jurors. We hold that under these circumstances, the expla- -nation given to correct, the juror's misun- derstanding did not constitute error. Finding no r~versible error presented in the points discussed or in the remaining contention, we affirm. DANIEL S. PEARSOI~, Judge, concur- ring. I write separately only to' r~cord my view, as I have before, see Tacorobte v. Sta~e, 419 So.2d 789 (Fla. 3d DCA 1982) (Pearson, J., dissenting), that simply because counseI for a party has some basis to ask one prospec- tive juror about matters which would other- wise be improper, that does not justify the inquiry being made before the remaining prospective jurors. Thus, in the present case, had the appellant requested that .the individual juror be separated from the.~ mainder of the prospective jurorS for ther interrogation, and had that req'ue~' been denied, I would veto to reverse. ';' Ruth CAMPBELL and Structural .Hom'~e Inc., a Florida corporation, Appellant/~q V. MONROE COUNTY, a political subdivi.-. sion of Florida, and Howard t[. John-:i son, Building Official, Appellees. No. 82-724. .. District Court of g~ppeal of Florida, Third District. Feb. 8, 1983. Manufacturer of factory-built housing and purchaser of one of its factory-built single-family homes appealed from the Cir- cuit Court, Monroe County, M. Ignatius /,ester, J., which entered order denying in- junctive relief. The District Court of Ap- peaI, Ferguson, J., held that section Of coun- ty code was void as applied to plaintiffs because-by requiring the homes 'in district zoned RU-1M to be constructed of masonry to roof line, no showing of a reIationship of requirement to aethestic uniformity or s~fe- ty, ordinance in effect discriminated against factory-built housing in violation of state statutes. Reversed and remanded. 1. Zoning and Planning County may enforce zoning require- ments which primarily regulate aesthetic appearances. 2. Mur Ar. any cm and if resolve the sta 3. Zen- plied ing an( single-: the ho: constrt showin ment nance ry buil UteS. ~n( Luci, Nelson for apt I. The nent [ ident~ (a) ed i str~ den. and stru hoe cla~ for resi ~) gra (~ pen den and ly s pro: o~ sire thei bee nt CAMPBELL v. MONROE COUNTY Cite as, 426 So.2d 1158 (Fla. App. 3 Dist. 1983) 2. Municipal Corporations ~=*111(2) An ordinance must not conflict with any controlling provisions of a state statute and if any doubt exists, doubt is to be resolved against the ordinance in favor of the statute. 3. Zoning and Planning ~=~14 Section of county code was void as ap- plied to manufacturer of factory-built hous- ing and purchaser of one of its factory-built single-family homes because by requiring the homes in. district zoned RU-1M to be constructed of masonry to roof line, no showing of a relationship of that require- ment to aesthetic uniformity or safety, ordi- nance in effect discriminated against facto- ry built housing in violation of state stat- utes. West's F.S.A. § 553.73(3)(a, b). Randy Ludacer, Key West, for appellants. Lucien C. Proby, Jr., County Atty. and E. Nelson Read, Asst. County Atty., Key West, for appellees. I. The challenged ordinance provides in perti- nent part: § 19-195, RU-1M~ single-family res- idential district (masonry construction) (a) . .. Ail Single-family dwellings construct- ed in this district shall be of masonry con- struction to the roof line where such resi- dences are likely to preserve the character and appearance of the existing buildings or structures already present in the neighbor- hood and to provide a residential district classification of masonry construction only for those .owners of presently undeveloped areas which wish to limit residential develop- ment on their land to masonry constructed residences for aesthetic or architectural rea- son... (b) RU-IM zoning classification shall not be granted unle. ss (I) or more of the following .... criteria is ap~Aicable: - - (a) The prolS~rty in question has a high percentage of masonry constructed resi- dences so that the.RU-1M classification will serve to preserv~ and enhance the character and appearance df the area. (b) The property in question has a relative- ly small percentage of wood frame houses in proportion to the total residences existing. (c) The property in-question is not devel- oped and the property owner or owners de- sire to restrict construction or residences on their land to masonry residences only. (d) The subdivision or area in question has been only partially developed so that the RU- r'la. 1159 Before BASKIN and DANIEL S. PEAR- SON, and FERGUSON, JJ. FERGUSON, Judge. This appeal is taken from an order deny- ing injunctive relief. Appellants are a manufacturer of factory-built (modular) housing and a purchaser of one of its facto- ry-built single-family homes. On December 15, 1980, the Building De- partment of Monroe County, relying on Sec- tion 19-195 of the County Code,1 issued a letter rejecting CAMPBELL's application to construct a modular home on property zoned RU-1M.2 By an amended complaint appellants sought a judgment to declare that the ordinance establishing a special zoning district had been enacted solely to insure aesthetic uniformity in the district and was not intended to restrict particular building materials or construction tech- niques. The county contends that under Section 553.38(2), Florida Statutes (1979)? it has .1M classification~ if established thereon would establish the area as predominantly masonry construction. In all occasions un- der criteria (d), 50% of the proper~y owners must consent or voice no objection to the RU-1M classification. (e) The subdivision with single family resi- dences of masonry construction where the RU-1M will prevent substantial depreciation in the property values in the neighborhood by preventing new structures that would be so at variance with either the exterior architec- tural appeal and functional plan of existing buildings so as to cause a substantial depreci- ation in the property values. 2. RU-I is the county's general zoning category for single-family residential housing. RU-IM is essentially identical except that it requires that all' houses be constructed of masonry to the roof line. 3. § 553.38(1) and (2), Fla. Stat. (1979) provides: (I) The [State] [D]epartment [of Commu- nity Affairs] shall promulgate rules which protect the health, safety, and property of the people of this state by assuring that each manufactured building is structurally sound and properly installed on site and that plumb- ing, heating, electrical, and other systems thereof are reasonably safe, and which inter- pret and make specific the provisions of this part. 1160 Fla. ; ,.426 SOUTHERN REPORTER, 2d SERIE/ · authority, within i~s~police powers and by statute, to enforce local Iand use and zoning requirements including the establishment of architectural and aesthetic standards within certain residential areas; that the enact- ment and enforcement of section 19-t95 of the Monroe County Code which precludes, in an area zoned RU-1M, residences con- structed of materials other than masonry, is a proper exercise of that zoning authority. [1] We agree that a Florida county may enforce zoning requirements which primari- ly regulate aesthetic appearances. City o£ · Coral Gables v. Wood, 305 So.2d 261 (Fla. 3d DCA 1974) citing to Sunad, Inc. v. City o£ Sarasota, 122 So.2d 611 (Fla. 1960); Roton- berg v. City o£ Fort Pierce, 202 So.2d 782 (Fla. 4th DCA 1967). Cf. International Company, Inc. v. City o£ Miami Beach, 90 So.2d 906 (Fla.1956) (zoning based only on aesthetics valid if general welfare of the community depended upon preserving its beauty). Contra Womeh's Kansas City St. Andrew Sooiety v. Kansas City, Mo., 58 F.2d 593 (Sth Cir. 1932) (zoning ordinance enacted merely to satisfy purely aesthetic desires is unconstitutional and violative of due process); State v. Woodworth, 33 Ohio App. 406, 169 N.E. 713 (Ct. App.1929). However, we focus on that portion of Sec- tion 553.38(2)~ Florida Statutes (1979) which requires that local autho~ties enforce their regulations "without any distinction as to whether such building is a conventionally constructed or manufactured building", and with which the county's actions appear to conflict. (2) The department shall enforce every provision o_f this part and the rules ado ted pursumlt hereto except th ...... P , }, ~aL lOCal lano use and zoning requirements, fire zones, building setback requirements, side and rear yard re- .... quirements, site development~ requirements .............. prdperty:- line~ r~uirem~,*- - ~ -. ' ~,~num, as Well as the review and regulation o1' archRectaral and aesth, etic requirements, are spedffically'and entirely reserved to local authorities. Such local authorities must be reasonable and uniformly applied and en- forced withottt any distinction as to whether such building is a ~-;,u.m~y constructed or manufactured b~ilding .... [e.s.] 4. § 553.73(3)(a) and (b), Fin. Stat. (1979) pro- rides: The State Department of Community Af- fairs is exclusively authorized, by Section 553.38, Florida Statutes (1979), to promul- gate and enforce rules assuring that facto- ny-built housing is structurally sound and properly installed on site. Part VI of the Building Construction Standards, Chapter 553, Florida Statutes (1979) is entitled: State Minimum Building Codes. Local governments 'with building construction regulation responsibilities are, by its pro~. sion, permitted to impose-more stringent requirements than those established by the State Minimum Building Codes only where (1) there is'a determination that because.0~ local conditions, more stringent require~ ments are needed in order, to protect.li~e and property and, (2) the added require~ ments do not discriminate against mate~- als, products or construction techniques of demonstrated capabilities. § 553.73(3Xa) and (b), Fla. Stat. 0979)J The undisputed testimony of the ~ountfs Building Official at trial, in part, Was as follows: Q. [counsel] Are you familiar with the kind of construction that Mr. Inman does with structural homes? A. [Mr. Johnson] Yes. Like I said a while ago I have inspected these houses in the field. The house is s~ructurally sound. It meets all the requirements of the building codes of Monroe Coun{y. There's no problem with the actual con- struction of the building. (3) After January 1, 1978, local governments and state agencies with building construction regulation responsibilities may provide for more stringent requirements than those spec- ified in the State Minimum Building Codes provides: ..... (a) There is a determination by the local governing body of a need to strengthen the requirements of the State Minimum Building Codes adopted by such governing body, based upon demonstrations by the local gov- erning body that local conditions justify more stringent requirements than those specified therein, for the protection of life and proper- ty; and (b) Such additional requirements are not discriminatory against materials, products, or construction techniques of demonstrated ca- pabilities. q. A: you cs tell th struct, A. T' it doe they A. sonry Q. struct once A. E q. ordim ics. put tx A. q. of ho buildi A. the ~ A. The ' cons~ru not ma and he] struc~ic which i and in suggesi [2] any col and if resolve the s5 Dade ( Fla. I9~ control RinzIe~ City o So.~ ' ~O[, h~ the o~ of Sec le~tin Af- :tion raul- and the pter .led: oeal tion ;ent the lere ~of life ~of the t a ~lly of ~ty. -on- ~.nts for Jes, the dy, ov- ore ~ed not or BENASIL COIt.~. v. AUTOMATED MEDICAL LABORATORIES Cite as, 426 So.2d 1161 (Fia. App. 3 Dist. 1983) Q. And in fact if th~6'work is well done, you can stand twenty feet away and not tell the difference (between masonry and structural construction)? A. That's right. Q. Then from an aesthetic.point of view it doesn't make any difference because they both look the same? A. Yes, they will both appear as a ma- sonry constructed house, that is correct. Q. So, the requirement of masonry con- struction as opposed to a masonry appear- ance is not for aesthetic purposes, is it? A. Right. Q. Their interpretation of this particular ordinance has nothing to do with aesthet- ics. They are concerned about how it is put together? A. That is correct. Q. Ordinarily you find the requirement of how you put things together in the building code, don't you? A. Yes. Q. But in this one particular case it's in the zoning ordinance. A. That is correct. The trial court found that the housing constructed by appellants was "strong" but not masonry as required by the ordinance and held the requirement for masonry con- struction is a proper zoning requirement which is not "arbitrary and discriminatory and in no way violates the Florida Statute suggested by the plaintiffs". We disagree. [2] An ordinance must not conflict with any controlling provisions of a state statute and if any doubt exists, doubt is to be resolved against the ordinance in favor of the statute. :-Retail Credit Compa~L v. Dado County, Fivrida, 393 F.Supp. 577 (S.D. Fla.1975) (ordinance must not conflict with controlling provisions of general law); Rinzler v. Carson, 262 So.2d 661 (Fla.1972); City o£ Miami Beach v. Rocio Corp., 404 So.2d 1066 (Fla. 3d DCA 1981). We need not, however, reach ,the question whether the ordinance is facially void. Enforcement of Section 19-195 may in some instances legitimately serve to preserve thc architec- Fla. 1161 tural and aesthetic chara~__~r of a neighbor- hood. But in this case, based in part on the candid testimony of the county's official, it is all too clear that enforcement of the ordinance against appellants serves only to exclude products or techniques used in fac- tory-built housing. There is no showing of any local condition which justifies a re- quirement that bricks or stones be used to construct the exterior walls of residential housing, to the exclusion of walls construct- ed of steel studs and ribbed lath covered with three-fourths inch of stucco--an ap- proved technique which is used by appel- lants. ' [3] Section 19-195 of the Monroe Coun- ty Code is void as applied herein because by requiring that homes in a district zoned RU-1M be constructed of masonry to the roof line, with no showing of a relationship of that requirement to aesthetic uniformity or safety, the ordinance in effect discrimi- nates against factory-built housing-in viola- tion of state statutes. Reversed and remanded. ~KEYNUMBERSYSTEM~ BENASIL CORPORATION, a Florida corporation,. Appellant, ¥. AUTOMATED MEDICAL LABORATO- RIES, INC., a Florida corporation, Appellee. ...................... =No:q32-7M. - District Court of Appeal of Florida, Third District. Feb. 8, 1983. Rehearing Denied March 16, 1983. Appeal was taken from a judgment of thc Circuit Court, Dado County, Mole J.L. A G E N ~ ~ ~ E 0 U ~. $ ~ DATE April 22. 1992 REGULAR APRIL 28, 199.2 SPECIAL CONSENT REQUEST PUBLIC WORK PRE SENTATI ON HEARING XXX SESSI ON ITEM DESCRIPTION - SUBJECT: COMMUNITY DEVELOPMENT: PLANNING Consider approval of Draft Resolution 992-051, granting the petition of Andrew E. Trautner to Define a Class A Mobile Home as a Single Family Detached Dwelling Unit in RS-4 (Residential, Single Family 4du/ac) zoning. Location: Old Dixie Highway, Approximately one-quarter mile south of Chamberlin Boulevard. RECOMMENDATI ON'. Staff recommends Approval of Resolution 992-051. FUNDS AVAILABLE: ACCOUNT NUMBER ( SPECI FY I F BUDGE T A~ENDMENT 1~S ~EQUI RED ) T~r-r~ -L./Vfrta - ~ Devel op~ent Admi his trator ? _Jame) V. Chisholm co ty Administrator BOARD OF COUNTY COMMISSION ACTION DATE: 4/28/92 Continued for one week. TO: jam~~s ~v. Chisholm ~nty Administrator Please re-agenda this item for 5/5/92. If the County requires the petitioner to modify the house plans (i.e. roof) will they lose their H.U;D. Certification? cc: County Attorney A G E N D A R E O U E S T DATE April 22. 1992 REGULAR APRIL 28, 1992 SPECIAL CONSENT REQUEST PUBLIC WORK PRESENTATI ON HEARING .XXX S ES SI ON ITEM DESCRIPTION - SUBJECT- COMMUNITY DEVELOPMENT: PLANNING Consider approval of Draft Resolution %92-051, granting the petition of Andrew E. Trautner to Define a Class A Mobile Home as a Single Family Detached Dwelling Unit in RS-4 (Residential, Single Family 4du/ac) zoning. Location: Old Dixie Highway, Approximately one-quarter mile south of Chamberlin Boulevard. RECOMMENDATIO~ Staff recommends Approval of Resolution %92-051. FUNDS AVAILABLE: ACCOUNT NUMBER (SPECIFY IF BUDGET A~ENDMENTr~EQUIRED) BY fL Te Fr~ -L.//Vfrt a - ~ Development Administrator CONCURRENCE: James V. Chisholm County Administrator COMMUNITY DEVELOPMENT BOARD OF COUNTY COMMISSION ACTION DATE: James V. Chisholm County Administrator COMMISSION REVIEW: April 28, 1992 File * Number: MH-92-001 ME MO RAND To: From: Date: Subject: County Commission Development Administrator April 15, 1992 Petition of Andrew. E.._ Trautner to define a Class A Mobile Home as a Single Family Detached Dwelling Unit in a RS-4 (Residential, Single Family - 4 du/ac) Zoning District. LOCATI ON: EXI STING ZONING: LAND USE DESIGNATION: PARCEL SI ZE: SURROUNDING ZONING: SURROUNDING LAND USES: FI RE/EMS PROTECTION: UTI LI TY SERVI CE: TRANSPORTATI ON IMPACTS: RI GHT-OF -WAY ADEQUACY: Old Dixie Highway, approximately one- quarter mile south of Chamberlin Blvd. RS - 4 (Residential, Single Family, du/ac ). RU (Residential Urban, 5 du/ac). .32 acres. RS - 4 (Residential, Single Family, 4 du/ac).. The surrounding Land Use Designation is RU (Residential Urban, 5 du/ac max.), the existing uses are residential and undeveloped. Station %4 (St. Lucie approximately 1 mile west. Blvd. ) is The subject property would be served by a well and septic system. Old Dixie Highway currently has a right-of-way of thirty (30') feet. The Ultimate right-of-way is sixty (60') feet, therefore, an additional right-of- way reservation may be required. April 15, Page 2 1992 Petition: Andrew E. File No.: MH-92-001 Trautner SCHEDULED IMPROVEMENTS: CONCURRENCY DOCUMENT REQUIRED: None. A Certificate of Capacity. COMMENTS: The applicant is requesting authorization to install a mobile home meeting the definition of a Class A Mobile Home as set forth in Section 2.00.00 of the St. Lucie County Land Development .Code. If approved, the.petitioners mobile home would be modified to meet the specifications as described within this petition. The dwelling unit would be located on .32 acres with a setback of approximately 65 feet from Old Dixie Hwy. County staff has reviewed the application and determined the proposed unit to comply with the Standards For Review of a Class A Mobile Home as set forth in Section 11.05.02(D) of the St. Lucie County Land Development Code. Staff recommends approval of this petition subject to the condition that the roof be altered to provide a roof slope of 4: 12, as stated in the petitioners application. If you have any question on this matter, please let us know. SUBMITTED: ~erlYo~n~ Administrator CONCURRENCE: Daniel S. McIntyre County Attorney At t achment TLV/DDW/ctm MH92001(DDW-BBC) cc.* County Administrator County Attorney Press/Public Andrew [rautner 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41~ 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. 92-087 FILE NO.: MH-92-001 A RESOLUTION DETERMINING A CLASS A MOBILE HOME AS A DETACHED SI NGLE FAMIL¥ DWELLING UNIT IN RS-4 ZONING DISTRICT IN ST LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. County, Florida, has made the following determinations: Lucie 1. Andrew E. Trautner presented a petition for a Class A Mobile Home Permit in RS-4 (Residential, Single Family - 4 du/ac) Zoning District for the property described below. 2. On April 28, 1992, this Board held a public hearing on the petition, after publishing a notice of such hearing in the Port St. Lucie News and notifying by mail all owners of property within 500 feet of the subject property. 3. The Class A Mobile Home determination is consistent with all elements of the St. Lucie County Comprehensive Plan and has satisfied the standards of review set forth in Section 11.05.02(D) of the St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County , Florida: Pursuant to Section 11.05.02 of the St. Lucie County Land Development Code, a Class A Mobile Determination for Andrew El Trautner is hereby approved subject to the following condition: The Mobile Home approved herein shall meet the design specifications as described within the petitioners application dated March 24, 1992. The pitch of the roof shall be altered to provide a roof slope of 4: 12, ~as stated in said application. The Class A Mobile Home is to be located on the following described property: The North 77.27 Feet of the East 179.0 feet of Tract "A" of Taylor S/D, P.B. 9 PG 12, Official Records St. Lucie County Florida. (Location: Old Dixie Highway., Fort Pierce, FL. ) C. A copy of this resolution shall be placed on file with the St. Lucie County Community Development Administrator. 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 After motion and second, follows: Chairman Havert L. Fenn Vice-Chairman Jim Minix Commissioner Judy Culpepper Commissioner Jack Krieger Commissioner R. Dale Trefelner the vote on this resolution was as PASSED AND DULY ADOPTED THIS ATTEST: day of , 1992. BOARD OF COUNTY COMMI SSI ONERS ST. LUCIE COUNTY, FLORIDA CLERK BY CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY COUNTY ATTORNEY MH92001. TLV/djm/ddw LUO~E BLV l ROH~ CRA~ER EBERT CG ;10VANIS R[~ INKLEY ?ROCINO CRESSEY CALHOUN A IMES TERRY qNDI W FREDER LOU]]SF' ROHk~ I,]-J-NI~R AGENDA - BOARD OF C0bNTY COMMISSIONERS TUESU~%, APRIL 28, 1992 9:00 A.M. Petition of Andrew E. Trautner to define a Class-A mobile home as a single-family detached dwelling unit in RS-4 (Residential, Single Family, 4 du/ac) zoning for the following described property: SEE ATTACHED LEGAL DESCRIPTION (Location: Approximately 1/4 mile south of Chamberlin Boulevard on the west side of Old Dixie Highway, Fort Pierce, FL ) If it becomes necessary, these public hearings may be continued from time to time. Please note that all proceedings before the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cr~ss-examine any individual testifying request. Written comments received in hearing will also be considered. during a hearing upon advance of the public Prior to this public hearing, notice of the same was sent to all adjacent property owners on April 13, 1992. Legal. notice was published in the News Tribune, a newspaper of general circulation in St. Lucie county, on April 7, 1992. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/ HAVERT L. FENN, CHAIRMAN FILE NO. MH-92-001 The north 77.27 feet of the east 179.0 feet of Tract A of Taylqr S/D recorded in plat book 9, page 12 of the public records of S%. Lucie County, Florida. The 5tuai t News and The Port St. Lucie News (an editio,1 of The Stuart News) STATE OF FLOI~II)A COUNTY OF MARTIN: COUNTY OF 81'. LUCIE: Before tile ulldersigiled authority appeared KATHY H. ~~xvIIOMANA~ER ()~! oath S~ll~q. that he/she ACCTS REC " of The Stuart News, and The Port St. l,ucie News, a daily Hewspaper l'td~lished at Stuart i. Marti~ (.](~u~ly, Florida, that the attached copy of advertiseme~t, bei.g a ~lic ~ti~ St. Lucie Land ~e in the Stuart News a~d The Port St. Lucie News in the issues of ~ 1992 Affia.t further says that the said 'l'lle Stuart Neu~s and The Port St. 14~eie News is j~ ~,¢avspal)er Martin ' - pul)lished at Stuart, i. said Country, l'lorida witl~ offices a~d paid eireulati(n~ i. Martit~ Country, Florida, m~d St. Lueie Cou.ty, Fhwida a~Ki that the said ~eukspapers have heretofore i)ee~ co~ti~uously ptd)lished_ i. said Marti~ Country, Fi(3rida a~d distributed i~ hl:~rti~ (Jou~ty, Florida a~ct St. Lueie County, Florida. for a period of o~e year uext preceding the first publioati(m of the attached copy of a(lvertise.~e~t; and affiant further says that he/she Ires ~either i>aicl Hot prou~ised a~D, person1, firn~ or eorporatio~ a~D. disot)u~t, rebate, eom~dssio~ or refund for the purpose of seeuri~g this advertise.~ei~t for lmblieatim~ i. the said ~eukspaper. Ti~e Stuart News has l)ee~ e~terecl as seeo~d class nmtter at tl~e l~OSt office precedin~ t[~e first Imblieatio~ of the attacl~ed copy (~f 8worll to alld subscribed before hie ~ SL tuoe SOAao OF COUNIy COM,~LR$IONE~$ ~BLIC H~RING AGENDA TO WHOM n ~Y COMca~- -uu. u3 The no~ ~.27 f~'~f 7the east i 79.0 f~t ~TcaO A of Taylor S/D r<orded in pl~ book 9. ~e 12 of the pubticlr~ds al St. [ucie Cou.- ~. Florida. (Location:' Approximately ~ mile sash of CMm~li,' 8~vard on ~e west side of Old Dixi~ High- 3]. ~lliq~_ & Carol Do/an for a variance .}o ~it the cons~odion tached ~l d<k' en~chbg 25 Sh~eline ~t~io. Qdinance RS-3 (Resi&~ial. Sbgte Faulty'- 3 du/a~ zo,i,g ~r ~e [ollo~i,g de scrim l~O~ . Lot ] t. BI~ t. Rain~ Forest (L<~o,; Wildern~e Soufh. Ft. P~erce. Jq cie Cou,~ Commis~on Cham~rs. third fl~r ~ Cou,~ Administratio. Buildi.g An~2300 ~rgi.ia Ave- ~ue; 'Fo~ Piede;'lFtori~a ow April as s~n ther~ff~ as ~ssible_ to op~l any d~ision mode by c b~rd. 6gen~. 'or co~is~ion with res~ to any m~ coaside~ ct a m~iag or h~ring, he will n~d ~ r~d of the ~<~iags. and thaL for such put,se, he may ne~ to ensure that a v~batim r~ord of ~he proceedings is made. which r~d inclu~ the teaimony and ~idence u~n which the ap~l is to ~ ba~d. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUN,~'. FLORIDA /S/JIM MINIX, CHAIRMAN Pub]: A~pr_ 7. 1992 ANDREW E & LOUISE TRAUTNER 2929 N OLD DIXIE HWY FT PIERCE F5 34946-8720 #3 ROBERT& FLORA CRAMER 167 CHAMBERLINBV FT PIERCE FL 34946-0000 #1 CHRISTOGIOVANIS C/O AP~RODITEMOULI$ 3301 BROAD~AY (SOUTH COURT) RIVIERA BCH FL 33404-0000 #4 MADELINEC EBERT 171 CHAMBERLIN BV FT PIERCE FL 34946-8757 #2 JOHN R & MILDRE-~'B RO~I~ 163 CHAMBERLIN BY FT PIERCE FL 34946-8757 #5 ROBERT TERRY 2825 N INDIAN RIVER DR FT PIERCE FL 34950-0000 #6 SANDRA S KAPTIS 3350 S U S 1 FT PIERCE FL 34982-0000 #7 GEORGE p & ELAINE H PEED 2805 N INDIAN RIVERDR FT PIERCE FL 34950 #8 CLAUDIA SUMMERLtN 2801 N INDIAN RIVER DR FT PIERCE FL 34946-0000 #9 ETHEL R ROGERS 2713 N INDIAN RIVER DR FT PIERCE FL 34950 #10 C HAYNESWORTH JACQUELINE H HAYNESWORTH O BX 3572 PIERCE FL 34948-3572 GELA~NE A HUTCHINSON SANDRA L HUTCHIN~N 2705 N INDLAN RIVER DR FT PIERCE FL 34950 DIANE ROBERTSON 2701 N INDIAN RIVER DR FT PIERCE FL 34946 #13 RONALD E & CATHERINE ROHM 2627 N INDIAN RIVER DR FT PIERCE FL 34946-1808 #14 MARTHA ALLEN 2867 N OLD DIXIE HWY FT PIERCE FL 34946--~7-19 #15 DOROTHY E BRUBACH 2879 OLD DIXIE HWY FT PIERCE FL 34946-8719 ~16 JEFFREY FREDERICKS 6705 OC3kIAAV FT PIERCE FL 34951-0000 #17 JOHN & CATHERINE CALHOUN 2895 OLD DIXIE HWY FT PIERCE FL 34946-8719 JOHN H CALHOUN 3117 SENECA AV ~ PIERCE FL 34946-6651 ~t9 DOMINIC PROCINO JOHN S EVANS 31SOVEREIGNWAY · ~T PIERCE FL 34949-0000 #20 JAMES & NELLIE BRINKLEY ll30BCARLTONCT FT PIERCE FL 34949-3030 BET/5~ & ALLEN CRESSEY 2117 TURNER RD FT PIERCE FL 34946-8769 .... #22 LEO & W~Y IMES 2917 OLD DIXIE HWY FT PIERCE FL 34946-8720 PROPERTY ACQUISITION DIV 2300 VIRGINIA AY FT PIERCE FL 34982 JOHN ANDERSON, FDOT 3111 S DIXIE HWY STE 112 MAILBOX 122 W PALM BCH FL 33405 FLOR~A~T COAST RAILROAD 1FIALA~ST ST AUGUSTINE FL 32084 ST LUCIEVILLAGE P O BX 3878 FT PIERCE FL 34948 AGENDA - BOARD OF ~UNTY COMMISSIONERS Tug'bAY, aPRIL 28, 1992 9:00 A.M. Petition of Andrew E. Trautner to define a Class-A mobile home as a single-family detached dwelling unit in RS-4 (Residential, Single Family, 4 du/ac) zoning for the following described property: SEE ATTACHED LEGAL DESCRIPTION (Location: Approximately 1/4 mile south of Chamberlin Boulevard on the west side of Old Dixie Highway, Fort Pierce, FL ) If it becomes necessary, these public hearings may be continued from time to time. Please note that all proceedings before the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cr~ss-examin~ any individual testifying request. Written comments received in hearing will also be considered. during a hearing upon advance of the public Prior to this public hearing, notice of the same was sent to all adjacent property owners on April 13, 1992. Legal notice was published in the News Tribune, a newspaper of general circulation in St. Lucie county, on April 7, 1992. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/ HAVERT L. FENN, CHAIRMAN FILE NO. MH-92-001 The north 77.27 feet of the east 179.0 feet of Tract A of Taylqr S/D recorded in plat book 9, page 12 of the public records of St. Lucie County, Florida. RICHARD V NEILL CHESTER B. GRIFFIN MICHAEL J EFFRIES ROBERT M. LLOYD J- STEPHEN TIERNEY, Tit BRUCE R. ABERNETHY, JR. RICHARD V NEILL, JR. RICHARD m. CARNEI_. JR. LAW OFFICES NE~L~I~RIFFIN UIEFFRIES ~ LLOYD CHARTERED 3Ii SOUTH SECOND STREET FORT PIERCE, FLORIDA April 24, 1992 MAI LING ADDRESS: POST OFFICE BOX 1270 FORT PIERCE. FL 3~954 TELEPHONE {407} 464-8200 FAX {~07) 464-:~566 HAND DELIVERY Jim Minix, Chairman Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982-5652 RE: File #M~-92-001 Dear Commissioner Minix: As you may recall, I am the city attorney for the Town of St. Lucie Village, Florida. The Board of Aldermen has received yours of April 13, 1992 in relation to the petition of Mr. Trautner to have a mobile home defined as a single family dwelling. The subject property, while not within the Town of St. Lucie Village, is, on its east side, adjacent to Village property. Permitting such a use would not be consistent with the Village Zoning Ordinance or Comprehensive Plan. The Village does not allow such use within its residential zoning. Accordingly, the Town of St. Lucie Village requests that the petition be denied. RVNjr/mkl CC' Thank you for your conside ichard V. Ne1 Ms. Jan Mallory, Deputy Clerk tip ,_ L,L 16, I ??2 7o commL~Lo~er ~L~ aoaile ~omea are //ne in ~Ae propea p/ac%aucA aa a acre o/ /and ou~ wea~ of ~own.or Ln a mo6i~e ~ome par~w~ere ~Aere La aupervLaLon o/ ma Ln~ennance. ~de /eeZ l~alL~ wouZd decrea~.e ~e va~ue of our ~omea and proper~ ~Lnce aone of ua are a~e ~o a~en~ ~e ~orL~, 2~ meeting, a~ ~.a.m. ~e are ~ubm/~Lng L~La ie~er aa a group,~o we ma~ 6e counted aa vo~e~ ~A~b37 ~.~La re~uea~. OARD OF COUNTY COMMISSION(ERS COMMUNITY D V LOPM NT April 13, 1992 ADMINISTRATOR ~RRYL.~R~.AICP In 'compliance with the provisions of the St. Lucie County Land Development Code you are hereby advised that Andrew E. Trautner has petitioned the Board of County Commissioners to define a Class-A Mobile Home as a Single-Family detached dwelling unit in RS-4 (Residential, Single Family, 4 du/ac) zoning for the following described property: The north 77.27 feet of the east 179.0 feet of Tract A of Taylor S/D recorded in plat book 9, page 12 of the Public Records of St. Lucie County, Florida. (Location: Approximately 1/4 mile south of Chamberlin Boulevard on the west. side of Old Dixie Highway, Fort Pierce, FL) The Board of County Commissioners will hold a public hearing on this petition at 9:00 A.M. on Tuesday, April 28 County Commission C: amh~ - ' , 1992 in Bu' ' h .... rs, thmrd floc St. Luc~ ~ldmng Annex, 2300 V' . . .. r of County Admini · · . mrgmnma AYenu · stratmon mn~erested person° ---¢,- ~ · e, Fort Pmerce. Flnr~ time. Written comments received in advance of the public hearing ~zuu~m~y To be heard at that will also be considered. Please note that all proceedin s ~ommi~s~oners of St. Lucie Count.. b~e~or~, the Board of County ~eco[aea. If a person decides t~~rmfla'. are electronicall~ ~oard of Cou · . . ~P any ~ecision made by th~ nty Commmssmoners wmth respect to any matter considered at such meeting or hearing, he w' ~r°cted~ngs, and that, for such .... 111. need a record of the a verbatim record of th- - _~urpose, ne may need to ens · the t~--i _ proceedings is ma~ ~ ..... ure that ~o~m~,~ny anG evidence u~ ~,m~ ~' ~mcn recor~ includ~ ~ ..... ~** ¢ne appeal ms to be base~. Upon the reqUest of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any art proceedings will be granted an o crt '' . P y to the tim public hearings ma-- ~- -~ ._ r mt becomes e. = ~ u~ continued from t~m~ If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. If you should have any questions, additional information may be obtained by Calling Area Code 407, 468-1593, and referencing the File Number found below. South county residents may Call toll-free 878-4898, and then ask for extension 1593. Sincerely, BOARD OF COUNTY COMMCSS¢ON RS COqNT¥, FLORIDA File~os,~No~x~ MH-92-O01 K~EGER. Dis~ri~ - - TR£FELNER, Disrria No. 4 · JIM MIN1X. Dis~i~ No. Coun~ Adminis~ator _ JAMEs V. CH1SHO~ 2300 Virginia Avenue · Fort Pierce. FL 34982-5652 Administrator: (407) 468-1590 · Grow~ Management: (407) 468- ~553 · Planning: (407) 46 B-1576 ~oper~ Acquisitions: (407) 468-1 ~20 · Codes Compliance: (407) 468-1571 PORT ST. LUCtE TELEPHONE NO. (407) 878-4898 ~o ~oraraL~,~Lonett oqLm /Ip~,.Ll 16, 1772 ~e ~h~ undett~L~ed a~e t~e~Lden~ o~ CAambettiaLn #eLgfi~a~, fChaaie~ 37~ON~Z~ .OB~ECF ~o a~$on~n~ c~an~e ~oa a mo6gie ~ome ~n~le ~amgiy dwelling, [25~J ~o' 6e placed, on de~c'~L6ed p~ope~. ~o~Lie fiome~ a~e ~Lne Ln ~fie p~ope~ pZace,~ucfi a~ a ac~e o~ Zand ou~ we~ o~ ~awn.oa Ln a mo6Lie florae paak, wfie~e ~fieae L~ ~upeavL~Lon o~ ma Ln~ennance. ~Je ~eei ~fia~g~ oouid~dee~ea~e ~fie value of ou~ fiome~ and 5Lnce none o~ u~ aae a$~e ~o a~end ~e dp~Li ~ mee~Ln~ ~e~are ~u~mL~Ln~ ~L~ Ze~er a~ a ~aoup~o we may 6e counted a~ vo~e~ 6 .,C.C,. BOARD OF COUNTY COMMUNITY COMMISSION£RS DEV6LOPM6NT ADMINISTRATOR April 13, 1992 ~RRYL.~R~,AICP In 'compliance with the provisions of the St. Lucie County Land Development Code you are hereby advised that Andrew E. Trautner has petitioned the Board of County Commissioners to define a Class-A 'Mobile Home as a Single-Family detached dwelling unit in RS-4 (Residential, Single Family, 4 du/ac) zoning for the following described property: The north 77.27 feet of the east 179.0 feet of Tract A of Taylor S/D recOrded in plat book 9, page 12 of the Public Records of St. Lucie County, Florida. (Location: Approximately 1/4 mile south of Chamberlin BouleVard on the west side of Old Dixie Highway, FOrt Pierce' FL) The Board of County Commiss~ioners will hold a public hearing on this petition at 9:00 A.M. on Tuesday, Aprii 28, 1992 in St. Lucie County Commission Chambers, third floor of County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. Ail interested persons Will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. Please note that all proceedings before the Board of County Commissioners of St. Lucie County, Florida, are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the. testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes time.necessary, these public· hearings may be continued from time to If you no longer own property ad3acent to the above-described parcel, please forward this notice to the new owner. If you should have any questions, additional information may be obtained bY calling Area COde 407, 468-1593, and referencing the File Number found below. South county residents may call toll-free 878-4898 and then ask for extension 1593. , Sincerely, BOARD OF COUNTY COMMISSIONERS ~~ ~'J'~7~ ~'~ ~~TTT~ LUCIE COU~NTY, FLORIDA - TREFELNER. District No. 4 · JIM MINIX. District No. 5 "/ Count, Adminis;'rator -- JAMES V. CHISHOLM 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administrator: (467) 468-1590 · Growth Management: (407) 468-1553 · Planning: (407) 468-1576 Property Acquisitions: (407) 468-1720 · Codes Compliance: (407) 468-1 571 PORT ST. LUCIE TELEPHONE NO. (407) 878-4898 BOARD OF COUNTY COMMISSION£RS April 13, 1992 COMMUNITY D( V( LOPM£NT ADMINISTRATOR TERRY L. VIRTA, AICP In compliance with the provisions of the St. Lucie County Land Development Code you are hereby advised that Andrew E. Trautner has petitioned the Board of County Commissioners to define a Class-A Mobile Home as a Single-Family detached dwelling unit in RS-4 (Residential, Single Family, 4 du/ac) zoning for the following described property: The north 77.27 feet of the east 179.0 feet of Tract A of Taylor S/D recorded in plat book 9, page 12 of the Public Records of St. Lucie County, Florida. (Location: Approximately 1/4 mile south of Chamberlin Boulevard on the west side of Old Dixie Highway, Fort Pierce, FL) The Board of County Commissioners will hold a public hearing on this petition at 9:00 A.M. on Tuesday, April 28, 1992 in St. Lucie County Commission Chambers, third floor of County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. Please note that all proceedings before the Board of County Commissioners of St. Lucie County, Florida, are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, these public hearings may be continued from time to time. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. If you should have any questions, additional information may be obtained by calling Area Code 407, 468-1593, and referencing the File Number found below. South county residents may call toll-free 878-4898, and then ask for extension 1593. Sincerely, BOARD OF COUNTY COMMISSIONERS ~ LUCtE_ COUNTY, FLORIDA HAVERI .2 · JACK KRIEGER, District No. 3 · R. DALE TREFELNER. District No. 4 · JIM MINIX, District No. 5 t/ County Administrator -- JAMES V. CHISHOLM 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administrator: (407) 468-1590 · Growth Management: (407) 468-1553 · Planning: (407) 468-t576 Property Acquisitions: (407) 468-1720 · Codes Compliance: (407) 468-157t ~, PORT ST. LUCIE TELEPHONE NO. (407) 878-4898 ~, Stuart News and- ..... The Port St. Lueie News (an edition of The Stuart News) OF COUNTY COMMIssiONERS PUBUC HEARING AGENDA T0 WHOM' iT the St.I STATE OF FLORIDA COUNTY OF MARTIN: COUNTY OF ST. LUCIE: Before the undersigned authority appeared KATHY H. PRITCHARD wile on oath says that he/she ACCTS REC M~AGER ( ~ .... - )[ .! I~e 8tuart News, and The Port St. 14, cie Nexxus, a daily newspaper Pul>lished at Stuart in Martin got.~ty, Florida, that the attached copy of advertisement, bei.g a ~lic Not 5 ~e in the matter of St. Lucie Land DeveloDment Code iii tile Cot rt, ~wts I't,l~lished ill The ~St. ttart News and The Port St. Lueie News in the issues of ~ril 7, 1992 advertiseme,!t. 8worn to and subscribed before me Affiant further says that the said The 'Stuart Nexvs and The Port St. l.t, eie News is a ~vspaper pt, l)lished at Stuart, in said Martin Oouuty, Florida with offices and paid eireulati(.~ iu Mm-tin Country, Florida, and St. Lueie County, Floricln n.d that the said -exxcspapers have heretofore been eo-ti~mously pui~lished_ in said Mm'tin County, Fl6rida a.d distributed i. Martin County, Florida a.d St. Lueie County, Florida, for a period of m~e year next preeedi.g the first publication of the attached copy of advertiseme.t; and affiant further says that he/she has neither paid nor promised m~y person, firm or corporation auv discount, rebate, eommissio~ or refund for the purpose of securing tDis aclvertisemei~t for publication i. the said newspaper: The Stuart News has bee. entered as see(md class matter nt the post office in Stuart Martin Cotmty, ~orma, and Ft. Pierce, St. Lueie , F' ' ' County, Florida m~d has been for a period of one year .ext preceding the first publication of the attached copy of re'ordeal'in plat book 9, page 12 of the public r~cords of St tuc4e Coun- so~ ~ CMmbdflin' ~uldgaid'"o. the w~t side 6f Old 'Diiie High- 3). ~lli~a~[ Carol DoJoa>f~ a ofs sing[~qmilE~}den~ with tached ~[ ddck en~baching '25 seback undrape D.,4Ode~v~ Shoreline Pro~on Ordi~ance"in RS-3 (~esidentiali Singb Family-- 3 du/ac) zoning fdt'~e following dy J Lot 1 t;.Blockt;~Rain~ Forest un- ki~ C~n~LCommissi~ cham~s] fhi~8 flor ~.Cogn~ Admin~ration B0ildiagAaa~]~300 ~rginia A~ 28,~ ~2~innifi~ ~f 9:00 KM. et as ~K'm~e;~ds: poss~le. PURSOANT JO:S~ion 286.01 F~r(da St~, if a ~rson d~idm ~p~ to any mawr ~nsid~ at a m~ing or h~ring, he will ~e~ r~ord of the pr~ings, and for such purpose, he may need ~ ensure that a v~batim r~ord of the proce~jngs is ~ade, ~ich ~d includes t~'t~imony and evidence u~n whkh ~e ap~l is to ~ bas~. -; ~--.,._ BOARD OF COUNTy 'CO~ISSIONERS ST. LUCIE COUNt, FLORIDA /S/JiM M NIX, CHAIR~N Transmit Conf irmat ion No. : 001 fT,F~ , ,.-..._.ce ~ ,,..'e r : 76-/221~i26 Date : A~,r 02~92 Time : Ol '30 hlode : Norm Pages : 02 Resu!t : OK Report 11:12 BOARD OF COUNTY D(EV(ELOPM(ENT COMMISSION(ERS D IR(ECTOR fERRY L VIRTA. AICP (407) 468-1735 TRANSMISSION COVER FORM DATE: ~ SENDER:~ PHONE: HAVERT L F£NN. Disrria No. 1 · JUDY CULPEPP£R. District No. 2 · JACK KRIEG£R. District No. 3 · R. DAt. E ]REFELNER. District No. 4 * JIM MINIX. Distict No. S _ County Administrator _ JAMES V CHtSHOt3v~ - 2,300 Virginia~Avenue · For~' Pierce. ~L ,34982-5652 - Director: (407) 468-1590 - Building: (407) 468-1553 · Planning: (407) 468-1576 Zoning: (407) 468-155`3 e Code Enforcement: (407) 468-1571 PORT SL LUCtE ]-ELEPHO~,,E NO. (407) 878-4898 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA APRIL 28, 1992 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Section 11 00.03 of the St. Lucie County Land Development C . the ~f~v_.%s~ns 9f the St. Lucie Count~, ~1-a-~d l~ accordance with St. ~u~x~ uountv Boa~ ^~ .... i~ u~-pi~nens1ve Pi , ~ ~ ~z ~ounry Commis~'-- ~ that the request as follows: ~-~,,=z~ conslGer their 1). Wayne and Julia Shewchuk to operate a boarding stable in AR-1 (Agricultural, Residential, 1 du/ac) zoning for the following described property: Lot 14, Block ~ St. Lucie Gardens, Sec. 14, T36S, R40E. (Location: 1,600 feet east of Silver Oak Drive, 1/2 mile north of Tilton Rd on the north side of McQuillen Rd). 2). Andrew E. Trautner for a Class A Mobile Home permit in RS-4 (Residential, Single Family - 4 du/ac) zoning for the following described property: The north 77.27 feet of the east 179.0 feet of Tract A of Taylor S/D recorded in plat book 9, page 12 of the public records of St. Lucie County, Florida. (Location: Approximately 1/4 mile south of Chamberlin Boulevard on the west side of Old.Dixie Highway). 3). William & Carol Dolan for a variance to permit the construction of a single family residence with attached pool deck encroaching 25 feet into the required 50 ft. shoreline setback under the St. Lucie River Shoreline Protection Ordinance in RS-3 (Residential, Single Family - 3 du/ac) zoning for the following described property: Lot 11, Block 1, Raintree Forest unrecorded S/D (Location: Wilderness Drive South, Ft. Pierce, FL) Meeting Will be held in the St. Lucie County Commission Chambers, third floor of County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida on April 28, 1992 beginning at 9:00 A.M. or as soon thereafter as possible. PURSUANT TO Section 286.0105, Florida Statute '.. to appeal any decision made b,- a ~ ..... s, ifa person decides respect to an~, ** ...... ~__, ~zu, agency, or commission wi~ ~ ma .... ~,,o=u~ a~ a meeting or hearing, he wi need a record of the proceedings, and that, for such purpose, he may need to ensure tha~ a verbatim record of the proceedings is themade, appeal whiCh is record to be includes based, the testimony and evidence upon which PUBLISH DATE: APRIL 7, 1992 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ JIM MINIX, CHAIRMAN R E 0 U E S T REGULAR REQUEST PRESENTATION DATE March 31, 1992 SPECIAL PUBLIC HEARING ITEM DESCRIPTION - SUBJECT: _CONSENT 4-07-92 WORK SESSION COMMUNITY DEVELOPMENT - PLANNING (permission to advertise) Consider authorizing a public hearing on April 28, 1992 to review the petitions of: 1) 2) Wayne and Julia Shewchuk for a Conditional Use permit to operate a boarding stable in AR-1 (Agricultural Residential 1 du/ac) zoning. , - Andrew E. Trautner for a Class A Mobile Home permit in RS-4 (Residential, Single Family - 4 du/ac) zoning. William and Carol Dolan for a variance to permit the construction of a single family residence with attached pool deck encroaching 25 feet into the required 50 ft. shoreline setback under the St. Lucie River Shoreline Protection Ordinancezoning, in RS-3 (Residential, Single Family - 3 du/ac) 3) RECOMMENDATION: Authorize the scheduling of the requested public hearings. FUNDS AVAILABLE: ACCOUNT NUMBER 151000 (SPECIFY IF BUDGE~ENDM~pU~ IS REQUIRED) Teryy L. -V~r~ COMMUNITY DEVELOPMENT CONCURRENCE: ~~f-{ ~hol~-- C~un~ Administrator BOARD OF COUNTY COMMISSION ACTION DATE: 4/7/92 Please proceed as approved by the Board. A G E N D A R E Q U E S T DATE March 31, 1992 REGULAR SPECIAL REQUEST PUBLIC PRESENTATION HEARING ITEM DESCRIPTION - SUBJECT: CONSENT 4-07-92 WORK SESSION COMMUNITY DEUELOPMENT - PLANNING (permission to advertise) Consider authorizing a public hearing on April 28 1992 to review the petitions of: ' 1) Wayne and Julia Shewchuk for a Conditional Use permit to operate a boarding stable in AR-1 (Agricultural, Residential - 1 du/ac) zoning. 2) 3) Andrew E. Trautner for a Class A Mobile Home permit in RS-4 (Residential, Single Family - 4 du/ac) zoning. William and Carol Dolan for a variance to permit the construction of a single family residence with attached pool deck encroaching 25 feet into the required 50 ft. shoreline setback under the St. Lucie River Shoreline Protection Ordinance in RS-3 (Residential, Single Family - 3 du/ac) zoning. RECOMMENDATION: Authorize the scheduling of the requested public hearings. FUNDS AVAILABLE: ACCOUNT NUMBER 151000 IF BUDGE~ENDMF~~ IS REQUIRED) ( SPECIFY PRESENTED BY: ~,4~g~ ~/~ ~ -Terry L. -V~r~f~a DEPARTMENT: COMMUNITY DEVELOPMENT CONCURRENCE: James V. Chisholm County Administrator BOARD OF COUNTY COMMISSION ACTION DATE: James V. Chisholm County Administrator COMMISSION REVIEW: April 07, 1992 CONSENT AGENDA MEMORANDUM TO: FROM: DATE: SUBJECT: County Commission Community Development Administrator March 31, 1992 Permission to Advertise Below you will find identification of public hearing requests that are ready for presentation for final review. Staff would request that authorization be given for advertising so that these petitions may be presented on April 28, 1992, at 9:00 A.M. or as soon thereafter as possible. If you have any questions, please let us know. Wayne and Julia Shewchuk for a Conditional Use permit to operate a boarding stable in AR-1 (Agricultural Residential - 1 du/ac) zoning. ' e (Location: North side of McQuillen Road (private road), 1,600 feet east of Silver Oak Drive. Andrew E. Trautner for a Class A Mobile Home permit in RS-4 (Residential, Single Family - 4 du/ac) zoning. (Location: Approximately 1/4 mile South of Chamberlin Boulevard on the West side of Old Dixie Highway. William and Carol Dolan for a variance to permit the construction of a single family residence with attached pool deck encroaching 25 feet into the required 50 ft. shoreline setback under the St. Lucie River Shoreline Protection Ordinance in RS-3 (Residential Single Family - 3 du/ac) zoning. ' (Location: Wilderness Drive South Ft Pierce FL) TLV/cb , ' , PERMISSION.MEM(BCC) cc: County Administrator County Attorney Planning Director petition file TO: FROM: DATE: SUBJECT: MEMORANDUM 92-52 Director of Engineering Property Acquisition Directo~ April 16, 1992 Old Dixie Hwy. MH-92-001/Trautner, Andrew E. Attached you will find 'the following on the above mentioned project: Review Record Report Form The right-of-way needs determination is needed in our office by April 20, 1992, for submission to Planning and Zoning for their deadline of April 23, 1992. Attachment JM/BV/gk cc: Development Administrator ~Planning and Zoning Development Review Committee ST. LUCIE COUNTY PETmON TO DEFINE A CLASS A MOBILE HOME AS A SINGLE FAMILY DETACHED DWELLING UNIT DIRECTIONS Please complete the requested information below and submit all items to the St. Lucle'County Department of Community Development, Planning Division, 2300 Virginia Avenue, A ~ ~ . Room 203, Ft. Pierce, Florida. 11 applications must be accompanied by the proper application fee or they cannot be accepted for processing. ALL TYPES ~ $500 PLEASE TYPE OR PRINT ~T.T. INFORMATION. PLEASE USE BLUE OR BLACK INK ONLY. Following certification of completeness, this petition will be scheduled for the next available Board of County Commissioners meeting. Allow a minimum of 30-45 days for completion of the public hearing process following the certification of this petition. 1.) SPECIAL NOTICE: Under the provisions of the St. Lucie County Land Development Code, a petition for Class A:Moble Home determination is considered to be a FINAL DEVELOPMENT OEDER. ~3~de~ th? d~finition of Final Development order, and consistent with une countys concurrency regulations, .suffiCient capacities must be demonstrated in all area of required level of service before this petition can be approved, should it be determined that insufficient services exist, no Final Development Order will be issued until the cited deficiencies are corrected. For additional information please contact the Department of Community Deve!opment, Growth Management Division, Room201, St. Lucie County A~m{nist~atiOh Building. Please review the attached application information from Section 11.05.02 of the St. Lucie County Land Development Code before completing the application. Describe the exterior finish of the mobile home: Describe the exterior finish of the roof: Describe the skirting m~terials to be used: 10. Required Attachments (please check each one attached): a. ~_ Elevations and photographs of all sides of the Class A Mobile Home, including exterior walls and roof. Proof that the Class A Mobile Home has met the Mobile Homes Construction and Safety Standard U.S. Department of Housin~ =~ ,,-~-- ~ . s of the standards of Se ion Rgm o~o .... pm nt, and the ct___ ~~v.ozo, ~&orz~a Statutes. ~'~A plot plan drawn to scale illustrating use and including the following: 1. Location of the property by lot number, and street address, if any. the proposed number, block e 0 The location of trees of four (4") inches diameter or greater, other natural features Of unique or significant character, and proposed landscaping within fifty (50') feet of the proposed location for the Class A Mobile Home. The dimensions of the lot or parcel of land on which the Class 'A Mobile Home is to be located. The location of the proposed Class A Mobile Home on the property, including all setback information. A schematic design of the Ci'ass A Mobile Home the roof, skirtings, and other improvements. showing 3 PR# ' ST. LU~IE ~OI~NT¥ BP#:.,, APPLICATIO~ FOR CON~URI%ENCy TEST Type of DevelOpment Order: ' Single Family Building Permit (a) , Other Building Permit (c) JClass A Mobile Home Permit .. Mobile Home and RV Tie Down Permit ~Conditional Use Permit Variance Approval Lot Split FEE: $25.00 (b) a) vested capacity if-Single Family Residence efore January 9- ~990 ^- _k .... on a Lot of Record on (b) vested caVe'it,, i$'-~au o~ a~ approved subdivision or site nlan- or =_ . ~ - ~=~uemenn oz an exist' . ~ ~"' (c) the following builain .... ~ - .. ~g structure, ~ ncurrency test: -roe . ~ PP .ns are exem t from .-~ m additions, accesso ~ . the zences, walls sm ns. . .fy structures, sw~mm~n ~_~ ·. _ g., screen rooms, ut~l~ ..... ~ .... - g pools, ~uu~er non ~esmdent~al use; .... ~ ~uus~ar~ons ~ accessory to 2. Type of 3. Is the property part of an approved site plan or subdivision? ~ Yes No If yes, please give name of development: 4 Legal D ' escrlptlon and tax ID#: (Include Street Address if available)' Se sr: h\wp\document \concurt Estimated Date of Construction: Begin: ~~/ /~_ , Completion: Owner's Name Owner Address City State Signature of Owner/Agent for owner Agent Address State Zip Phone # Nov 20, 1991 STATE OF FLORIDA/DilRS ST L[ICIE GODNTY PUBLIG iiEALTil [INIT OSDS REPAIR PERNIT APPLICATION CITY,, OHNER ADDRESS. ONNER CITY STATE. /~-// ZIP ~ ~/~ COHNERGIAL RESIDENTIAL ~ CURRENT SYSTEH SIZE TANK ~/~/~/~ /~~ PROBABLE CAUSE(S) OF ffAII, URE AND ItOH DETERHIHED BUILDIHG AGE. >~.~~ .. REPAIR CONTRACTOR LIC {$ -- -llealth Department Uae Only ......... CONSTRUCTION PERNIT & APPROVAL glHAL I. HSPgUTIOH .gQUI.gD (y/H, ~(/ . INSPECTION DATE. BY NOTES CAPITOL PORTLAND CEMENTIB RICK-LOK MASONRY CEMENT sUPER.MIX--PRE-MIXED CEMENT PRODUCTS / / / PLANT/ORDER CENTER MARTINSBURG, WV TEL: 800-624-8986 WV ONLY: 800-222-8966 DISTRIBUTION TERMINAL 4601 ASHLAND AVENUE BALTIMORE, MD 21205 TEL: (301) 732-5620 City of Ft. Pierce City o~ Port St. Lucie~/~<~St- Lucie Village AccoUNT NUMBER AMOUNT Customer Canary Finance TOTAL AMT. REC'D $