be in violation of the Code, issued an Order that the shipping containers be unstacked, and that
Mr. Traska either obtain an approved revision to his building permit, essentially showing a
single-story structure in full compliance with the Code, or return the property to its configuration
prior to the construction by March 14, 2024; and after that point, there would be a fine in the
amount of $25 a day to be assessed beginning March 15, 2024. He advised shortly after the
Magistrate’s Order, Mr. Traska’s attorneys invoked a procedure known as the Florida Land Use
and Environmental Dispute Resolution Act (FLUDRA); it is codified in Chapter 70, Florida
Statutes; it is intended to provide a means to resolve land use and enforcement disputes
outside of litigation; it is a rarely utilized process, but when it is properly invoked, as it was in
this case, it is mandatory for the local government, in this case the County, to participate in that
process; notably, invoking the process also tolls the time for the owner to do things, appeal
from a Code Enforcement Order; and pursuant to FLUDRA, there was a process with
notification to parties. He stated the County had to hold a mediation/hearing facilitated by
another Special Magistrate; James Stokes presided over that; the Statutes were followed; staff,
in good faith, along with Mr. Traska and his attorneys, worked to come up with a proposed
tentative agreement; in an effort to both recognize his property rights, but also to attempt to
mitigate the possible impact of this on the neighborhood and other property owners; FLUDRA,
again, is designed to come to that kind of conclusion; but he will say very clearly that the
ultimate decision is entirely on the Board, so while there is a tentative settlement agreement
that staff and he feels is the best that could be reached at the table that day to try to address
neighboring concerns, this no way binds the Board that it has to accept this; and the Board will
have three options at the end of this, which it can either accept the tentative agreement, direct
modifications to the agreement, assuming Mr. Traska agrees to those, or it could be rejected
entirely, in which case the County would be back to where it was prior to FLUDRA. He
remarked with a Code Magistrate Order out there, they would have some extended time,
potentially, to appeal if they wish to do that; he will just hit some of the major points of the
tentative settlement agreement; obviously, all Building Code requirements would have to be
met; Mr. Traska would have to submit updated plans showing the structure as that actually
exists out in the field, which he has done; architectural renderings were submitted showing how
Mr. Traska intends to make this fit better into the neighborhood; he will say that in response to
the renderings the Board sees on the slide, County staff did send out some requests to make it
blend better within the existing neighborhood than what the Board sees here, which is still very
much on the industrial, modern side compared to the existing neighborhood; there were
prohibitions in the tentative agreement, such as it shall not be used for living quarters, as a
rental, in whole and in part, for any purpose, shall not contain a kitchen, and shall not be
occupied or used for any purpose other than storage after the hours of 10 p.m. and before 6
a.m., because neighbors had expressed concerns about short-term rentals or parties being
hosted there up on the deck; staff also requested some landscape screening, buffering, and
things like that that are all set forth in the tentative settlement agreement that were part of the
packet; again, Tad Calkins, Planning and Development Director, or Billy Prasad, Planning and
Zoning Deputy Director, represented staff largely at the mediation, along with the County’s
Building Official; and the Board can accept the agreement, modify it, or reject it outright. He
advised if the Board has any questions, he is happy to address them now, or it can hear from
Ms. Kelly and the public.
Alicia Kelly stated as counsel for the property owner, Joe Traska, they believe the proposed
settlement agreement the Board is considering this morning, is an equitable resolution to the
issue; she is happy to address any questions the Commission may have; and she would
request the opportunity to address any public comments after any are made.
Al Millian expressed his appreciation to the Board for all it does; he mentioned he lives in a
condo that backs up to that; from here to the wall is his bedroom window; in his condo he walks
into the bathroom, the window is wide open, and that is what he sees, the picture being shown
on the overhead projector, 20 yards away; he thinks it is safe to say that his big concern is the
