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Date of Issue: March 17, 2005

Code board grants extension to violator

The Holmes Beach Code Enforcement Board unanimously approved a request for an extension of time made by property owners William and Dana Holmes.

In January, the board upheld its November ruling that the Holmes' property at 107 47th St. violates the floodplain management ordinance due to the existence of a third unit located on the ground floor of the duplex.

The Holmeses were out of town and unable to attend the November hearing, but the board proceeded with the case in November, resulting in the owners being required to remove any partitions, raise electrical outlets to four feet, remove plumbing fixtures and seal the pipes.

In a letter from William Holmes, a continuance was requested due to his ill health and inability at that time to travel to Florida from New Jersey.

Upon returning to Florida, Holmes retained the services of attorney Chuck Webb and filed a motion for rehearing so that he and his wife could present evidence supporting their position that the ground-floor unit was permitted. That motion was denied by the board and Holmes was given 30 days to bring the property into compliance.

Since the board's ruling last month, the Holmeses have filed a request for a variance to the floodplain management regulations, which will be considered by the Holmes Beach Board of Adjustment at its March 24 meeting.

The code enforcement board agreed to allow the Holmeses until April 21 to bring the property into compliance pending the decision of the board of adjustment.

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