INVERNESS — Turns out the towering barn with bedrooms and a kitchen built by state Sen. Charles Dean on the Withlacoochee River is not exempt from Florida building and local zoning codes.
In an opinion released Monday, Attorney General Bill McCollum said that although Dean doesn't live in the Citrus County structure, he has said that he allows family and friends to stay there.
Citing the Right to Farm Act, Dean has maintained that he did not need a building permit or county reviews to build the 4,215-square-foot barn in 2007. He avoided the $9,300 in impact fees and $1,093 in building fees that a residence would have incurred.
Long a popular political figure in Citrus County after serving as sheriff and a state House member, the Inverness Republican has endured a hail of criticism over his handling of the structure.
On Monday, a staff member from Dean's office said the senator has not yet read the opinion and would make comments after he had.
Assistant County Attorney Gregg Brennan said the county will likely seek compliance through county code enforcement and that Dean will have to seek after-the-fact permits after allowing inspection of his barn.
If Dean does not cooperate, the case could go to a special master for code enforcement who could impose fines against the senator.
The issue divided the Citrus County staff. Development services director Gary Maidhof has said a nonresidential structure on an agricultural property was exempt from the Florida building code, so Dean didn't need inspections or a building permit.
The County Attorney's Office argued that a building with bedrooms, a bathroom and a kitchen is residential and not exempt from the code.
The attorney general's opinion, sought by the County Commission to settle the rancorous debate, finds that "residential dwelling" would include "facilities that are occupied for living purposes, even though such occupancy is on a temporary basis."
Otherwise, someone could avoid compliance with building codes simply by saying a structure isn't always occupied, the opinion states. The opinion also points out that it is up to the county to determine how to enforce the code.
The opinion also confirms a previous legal opinion that zoning codes also apply as long as they don't interfere with farming operations.
Citrus County commissioners may discuss the finding during a special meeting today.
News
