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July 11, 2005

Telephone:

772-288-5491

Fax:

772-288-5911

File:

bla05l.028.aw

Mr. Dennis McKenna

9021 SW Chevy Circle

Stuart, FL 34997

Dear Mr. McKenna,

It was a pleasure meeting with you on Friday, July 8th regarding the concerns you expressed to me relative to standing storm water and algae propagation on and adjacent the rear patio of your home at 9021 SW Chevy Circle in River Forrest, which apparently has been the source of dispute between yourself and the River Forest developer for some time and how this issue relates to compliance with the Florida Building Code.

For the most part, the issue and concerns you raised are predominately related to workmanship and should be considered a civil issue between the property owner(s) and the contractor. I will attempt however, to summarize my understanding of your complaint and your proposed remedy to mitigate the standing water that currently fails to adequately drain off the rear patio, which appears to be propagating algae growth.

Given the information you provided me, it is my understanding that this issue began with the development of a concrete patio slab in association with a screen enclosure (permitted by Coastal Aluminum Construction, Inc.) constructed between August and September of 2003 some 7 to 8 months after your residence received its final inspections for a certificate of occupancy by Martin County. Further, it is my understanding that contentions associated with storm water on the patio evolved soon thereafter and the contractor (Sunland) took measures to remediate, which included modifying adjacent grades and elevating a portion of the patio slab at the southerly end of the patio approximately 4 inches higher than the main patio slab, (permitted by Sunland in March of 2004).

As a result, it appears that the measures the developer has taken to mitigate the standing storm water and algae propagation have failed to remedy the issue to your satisfaction and indeed at the time of my inspection I noted standing water and significant algae growth adjacent the point where the elevated slab meets the main patio slab, without positive outfall to what appeared to be the only drainage structure noted for the lower slab.

As to your question regarding the enclosure of the existing patio space for purposes of additional living space, up to the existing edge of the building structure and existing elevated patio slab, it appears that this would remedy the standing water issue by elevating the remainder of the patio slab an additional 4+ inches, level with the existing finish floor of the residence. I would however caution you that it is incumbent upon you to determine the legality of such an enclosure with regard to local setback requirements, zoning regulations, deed restrictions, etc., etc., and seek a building permit for such an enclosure in accordance with the governing requirements of Martin County and the State of Florida.

Hopefully I have adequately addressed your concerns, if you have any further questions please do not hesitate to contact me.

Sincerely,

Larry Massing

Building Department Director

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