WHEN IS A BUILDING CODE NOT A BUILDING CODE????

CAYS CORNER By: Ella Croshier August 20, 2009 WHEN IS A BUILDING CODE NOT A BUILDING CODE???? The answer to that is when it applies to the Planned Community of Coronado Cays. Currently building is proceeding on zero lot line homes with second stories permitted by the City of Coronado. The Coronado Cays Specific Plan Ordinance Section 90.10.100 states expansions are allowed only on the first floor and only within the outermost walls as constructed by the developer. The only decision by the Coronado City Council to modify the Ordinance was to allow the Egret Model in Port Royale Village to extend building four feet into the side yard, reducing the setback from 10 to 6 feet. Because of the City Council’s erroneous misinterpretation of Ordinance (Coronado Cays Specific Plan (paragraph “C” 90.10.100), second story additions are being constructed on all models of zero lot line homes throughout Jamaica, Bahama, Trinidad and Port Royale, provided the 2nd story is moved back (5) feet from the zero lot line. The effect of this misinterpretation of the ordinance by the City Council is as follows: 1. Second stories are being allowed in all villages and for all model homes if moved back from the zero lot line. 2. Only the Egret model home and only in Port Royale Village is allowed to expand 4 feet into side yard. 3. The expansion into side yards in all villages for all models of homes except for the Egret Model would be illegal! It violates the building code! 4. The AEEC, a subcommittee of the Coronado Cays Home Owners Association, is requiring the building pad to be moved forward towards the street beyond the original footprint established by the developer. This is illegal! 5. All of the above violates the building code. Members of the CCHOA have been told by former Councilman Phil Monroe who lives in the Coronado Cays that the reason for changing to the Specific Plan from the SUP (Special Use Permit agreement between the city and HOA members) was to bring ENFORCEABILITY to the building regulations emanating from the powers vested in the City of Coronado. Although the Coronado Cays Home Owners Association is considered a quasi self run entity it still remains the duty and responsibility for the City of Coronado because of the standards set forth in the Coronado Cays Specific Plan to carefully review the building code regulations contained in the Specific Plan and issue building permits which are in accordance with the regulations and deny those which are not. Apparently the city is rubber stamping any and all remodeling requests of Coronado Cays Homes sent forward from the Cays. Why is this happening??? WHERE IS ALL THIS ENFORCABILITY??? The City Council has just appointed a new Residential Standards Improvement Procedure committee (RSIP committee) to study density and zoning in the city of Coronado. Most of the people appointed served on the previous RSIP committee. Wouldn’t it be a good idea to include someone from the Cays on the RSIP committee? The Coronado Cays are a part of the City. Cays Homeowners are also citizens of Coronado. Shouldn’t density and zoning be just as important in the Cays as in the Village??? Here’s some food for thought: For years the only villages that permitted new and expanded construction was in the two villages of custom homes (not zero lot line homes) Green Turtle and Blue Anchor. About 10 years ago some who served on the Board of Directors investigated how to circumvent the rules which resulted in the city eliminating the SUP agreement and creating a city ordinance. Following that the building and expansions began. Objections by homeowners were ignored and shunned. It became apparent the SUP was eliminated and the Specific Plan Ordinance created to circumvent the governing documents of a Planned Community to open it up to major land use changes? The City Council was confronted with evidence to support the language and intent in the SUP which was transferred into the Specific Plan City Ordinance but they ignored it and claimed the document needed clarification and decided that NO meant YES . The result of failure to follow the rules has resulted in many remodeling expansions approved by the city of Coronado some of which may be in violation of their own city ordinance and as a result is creating a major density problem on these zero lot line homes. We have some new members on the City council: perhaps they will take it upon themselves to enforce the City Building Ordinance. Coronado is a great place to live but unless we have leaders more interested in those who live here than investors and developers, it will become only a memory in years to come. It’s never too late to do the right thing.