Complete Text of the Decision of the Code Enforcement Board of the City of Palm Bay in the Iron Oak Matter

Dianna Bolster
Recording Secretary
The following was typed in by Baird Stafford. We of Iron Oak are deeply indebted to Baird for his effort. Thanks, Baird!
CODE ENFORCEMENT BOARD OF THE CITY OF PALM BAY, FLORIDA

COMPLAINT #3292-94

CITY OF PALM BAY, Petitioner
vs
Respondent JOHN R. COLEMAN, JR. OR JACQUELINE ZALESKI

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER

This CAUSE came on for public hearing before the Board on OCTOBER 12, 1994, OCTOBER 31, 1994 AND NOVEMBER 21, 1994 after due notice to the Respondent, and the Board having heard testimony under oath, received evidence, and heard argument of counsel (if any), thereupon issues its Findings of Fact, Conclusions of Law, and Order as follows:

  1. FINDINGS OF FACT

    1. That there is not a violation based on the fact that the address located at 2027 Mattison Drive NE is not primarily being used for organized religious services as defined by Section 25-41. In support of that (1) there is evidence on the record that there is a commercial site located in Melbourne which is being primarily used for church and religious activity, (2) the testimony relating to four to six events per year at the 2027 Mattison Drive address does not constitute primary use for religious activity, and (3) that the use of a forge three or four times per year does not constitute religious activity, on Lot 13, Block B, Tropicana Subdivision #75, Section 22, Township 28, Range 37, Brevard County, Florida.

  2. CONCLUSIONS OF LAW

    Based upon the testimony heard and the evidence presented, the Code Enforcement Board concludes that there is not a violation of Section 25-81, Article VIII, Chapter 25; Section 25-122(d)(4), Article X, Chapter 25; and Section 25-161, 15-162 and 25-164(a)(1 through 4) inclusive, Article XI, Chapter 25, Code of Ordinances of the City of Palm Bay on the above described property.

DONE AND ORDERED THIS 21ST day of NOVEMBER 1994, at Palm Bay, Brevard County, Florida.

CODE ENFORCEMENT BOARD OF THE CITY OF PALM BAY, FLORIDA
BY Edward Geier, Vice Chairman

I HEREBY CERTIFY that a true and correct copy of the above and foregoing Findings of Fact and Conclusions of Law has been furnished by mail to Burton J. Green, Attorney for Respondents, 43 S Atlantic Avenue, Cocoa Beach, FL 32931; Richard E. Torpy, Attorney for Code Enforcement Board, 930 S Harbor City Blvd., Suite 505, Melbourne, FL 32901; and Nicholas F. Tsamoutales, Attorney for the City of Palm Bay, 1900 Palm Bay Road NE, Suite G, Palm Bay, FL 32905, this 22nd day of November 1994.