Subject:
Title
Consideration of a Tentative Settlement Agreement Under the Florida Land Use and Environmental Dispute Resolution Act for Property Located at 134 Diane Circle
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Fiscal Impact:
None.
Dept/Office:
Code Enforcement / County Attorney's Office
Requested Action:
Recommendation
Consider comment from the property owner and the public, and take one of the following actions: (1) Accept a tentative settlement agreement as submitted and direct staff to proceed to implement it, authorizing the County Manager to execute a non-statutory development agreement in a form approved by the County Attorney; (2) Modify the tentative settlement agreement and direct staff to proceed to implement it as modified, authorizing the County Manager to execute a non-statutory development agreement in a form approved by the County Attorney; or (3) Reject the tentative settlement agreement.
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Summary Explanation and Background:
On October 28, 2022, Joseph Traska submitted a building permit application for an accessory structure consisting of two shipping containers on his property located at 134 Diane Circle in an unincorporated beachside area between Indialantic to the south, and Melbourne to the north (the "Property").
On March 24, 2023, the Building Department issued a building permit for the structure, depicted in the plans as two shipping containers stacked in a perpendicular arrangement. Mr. Traska later commenced construction.
On October 17, 2023, after receiving a complaint regarding the shipping container structure, Code Enforcement commenced an investigation. During the investigation, it was learned that Mr. Traska's building permit had been issued in error, in violation of the Brevard County Code of Ordinances. Subsequently, the Building Official issued a Stop Work Order as Mr. Traska's construction in the field deviated from the permitted plans in violation of Sec. 22-47(110) of the Code. Code Enforcement issued a Notice of Violation for this offense, as well ...
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