Commissioner Murman quoted in this ABC News article on building code:
Couple says McMansion approved by county violates the county’s building code and ruins view of lake
County describes issue as neighbor dispute
11:27 PM, Dec 4, 2015
CARROLLWOOD, Fla. – A Hillsborough County couple says their neighbor’s new wall violates the county’s building code and is destroying their view.
“This was my dream home. We designed it, we built it,” said Roxanne Kosarkzycki.
She and her husband Gene built a home on Lake Carroll with a million dollar view, but part of that view is now blocked by their neighbors’ new million dollar home.
“We look out our kitchen window now and just see this massive Wal-Mart wall,” she said.
The original 2,300 square foot house next door was built in 1963.
It was mostly torn down to make way for a building triple that size.
“You can see by the shadows, our property is basically eclipsed from this home and it doesn’t even have the roof on it yet,” said Roxanne, pointing to the wall towering over her yard.
The builder called the project a “remodel of an existing home”, in his permit application filed with the county.
When the permit was approved, the was allowed to be non-compliant with the county’s current building code.
But the Kosarkzyckis, she’s a lawyer and he’s a licensed contractor, say it doesn’t qualify.
“The code specifically says that it they demolish more than 50 percent of the home, they have to bring it to within code,” said Roxanne Kosarkzycki.
A document submitted by the builder shows more than 95 percent of the project will be “new construction.”
“Their plans say they were leaving the entire concrete slab in as part of their remodel renovation,” Roxanne said.
But photos show even that slab was removed.
Small pieces of wall on each side of the old home are all that remain.
“Because they left a few blocks in, they called it a remodel,” Roxanne said.
A 111-foot long concrete wall which was grandfathered as “non-conforming” is a foot and a half inside the setback that’s allowed in the current county building code.
The part blocking the view is 15 feet closer to the lake than the county’s 30 foot wetland setback rule allows.
The plan says it’s a covered lanai that’s part of a pool, but the building code doesn’t allow “permanent structures” in the setback.
The Kosarkzyckis say they contacted the county as soon as they suspected code violations.
“We met with the county and provided them with all the photos, the code, a complete binder,” Roxanne said.
Emails show county building director Adam Gormly knew about the issue more than six months ago, but his office allowed construction to proceed, saying the plans were approved based on “past policy”.
The Kosarkzyckis tried to appeal the ruling, but were denied a hearing by the county attorney.
Last week, they took their concerns to the county commission this week, accompanied by their attorney former commissioner Ed Turanchik.
“99 percent of the old house was removed. Everyone that has seen this is shocked,” Turanchik told commissioners.
“This matter has cost our family tens of thousands of dollars and has denied our property rights,” Roxanne Kosarkzycki told the board.
County Attorney Chip Fletcher says he believes it comes down to an interpretation of the code, and he says both sides make valid points.
“My view is this is really a dispute between neighbors. And we’ve offered to hire a professional mediator,” said Fletcher.
Adam Gormly, the Hillsborough County’s Development Services Director, said in an email, “We believe that County staff has at all times during this dispute legally applied local ordinances and complied with the requirements of state and local law. The County will not comment further because of the possibility of litigation in this matter.”
Commissioners called for further investigation at Wednesday’s meeting.
“If there’s anything we can do to help this situation, I think we need to do it,” said Commissioner Sandy Murman.
“I think they need to be given their day and their opportunity and justice,” said Commissioner Victor Crist.
The issue will come before Commissioners again during their regular land-use meeting next week.
“The county made a mistake. Now they’re trying to cover it up,” said Turanchik.
The project’s contractor, Randy Schmidt, didn’t return our calls or email.
The homeowners, Mark and Norma Tempest said in an email, “We trust that the county will stand behind the permit that they issued. The county thoroughly reviewed our project plans and twice confirmed compliance with applicable land use code and processes. We also want to express our thanks to the more than 70 friends and neighbors who have let the Board of County Commissioners know they support us building this home for our family.”
In a follow-up email sent to the I-Team, the Tempests say the permits were reviewed and issued by the County as “new construction” not as a remodel.
The Tempests say they’ve already revised their plans to remove a section of the wall in the wetland setback, but the Kosarckzyckis say that’s not enough and they won’t be satisfied until they get back their million dollar view.
“I know what they’re hoping to do is basically say “Oh, but it’s already here. It would be an inequity for us to have to tear it down,” said Roxanne Kosarkzycki. “But in reality, I brought it to their attention before this ever happened.”
