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HomeMy WebLinkAbout01091999 PZ CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING JANUARY 7, 1999 This meeting was voice broadcast over Falcon Cable Chenne135. VChmn. Schulke called the meeting to order at 7:00 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. Mathis Mr. Mahoney(a) Mr. Mather Mr. Pliska Mr. MacWilliam(a) Mr. Thomas VChmn. Schulke Ms. Vesia ALSO PRESENT: Tracy Hess, Growth Management Director Jan King, Growth Management Manager Ann Brack, Recording Secretary ANNOUNCEMENTS: VChmn. Schulke announced that Mr. Mahoney will be voting in place of Mr. Fischer. He also noted that City Council will be reviewing applications for the vacancy of Mr. Fischer's position at its January 27~h meeting. APPROVAL OF MINUTES; (12/3/98 and 12/17/98) MOTION by Thomas/Mather I move that we accept or approve the Planning and Zoning Commission minutes of the regular meeting of December 3, 1998. A voice vote was taken. 7 - 0 motion carried. MOTION by Mather/Vesia I make a motion that we approve :~ minutes ofDecember 17~, 1998. Discussion: Mr. Thomas inquired about activity at the restaurant at Skydive Sebastian at the airport. Mr. Hess responded that the Building Official and Code Enforcement Officer will accompany him on an inspection of this facility as soon as possible. He noted that some permits were pulled, but no inspection had date. beer~.~ to , PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 7, 1999 A voice vote was taken. 7 - 0 motion carried. OLD BUSINESS: None NEW BUSINESS: All applicants - David Nobrega, Norma Henry, Joseph Slawski, Robert' Smith, Steve Lackey, Gene Muckddge, Michael. MacVicar, and staff members Jan King and Tracy Hass were sworn in by VChmn. Schulke at 7:04 pm. PUBUC HEARINGS - HOME OCCUPATIONAL LICENSES: 1. 1350 Starboard Street - Kathleen Stackelbeck - Real Estate Postponed to january 21'~, 1999 meeting. 2. 598 Futch Way - David Nobmga - Lawn Maintenance David Nobrega, 598 Futch Way, Sebastian, was present. There were thirty-one (31) notices of headng sent, and no objection or non-objection letters were received. Mr. Nobrega gave a brief presentation on his. lawn maintenance business. Ms. King gave staff presentation and understanding that the utility trailer will be kept in the garage, staff recommended approval. She also noted that he will not have any employees. VChmn. Schulke opened and closed the public headng at 7:10 pm, as there was no public input. Mr. Nobrega inquired about using an enclosed trailer, and Ms. King exp!ained that any utility trailer must be screened or kept in an enclosed garage. She also reminded the applicant that anytime he changes anything ~in his business, he should get in touch with the Growth Management Department t~ see if anY reviews are necessary. Mr. Mahoney(a) asked a question in reference to an employee, and.~it waa, i::~nted out that there are no employees at this address, only the applicant. '. Mr. Thomas inquired about storage of sparefl~el, and ~ applicant responded. MOTION by Vesia/Mather I make a motion that we approve the home occupational license for Dave's Exclusive Lawn Care, 598 Futch Way, Sebastian. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 7, 1999 Roll call: Ms. Vesia - yes Mr. Mathis -yes Mr. Thomas - yes Mr. Mahoney(a) - yes VChmn. Schulke - yes Mr. Mather - yes Mr. Pliska - yes The vote was 7 - 0. Motion carried. 3. 157 CAPRONA STREET - NORMA HENRY - Mail Order Norma Henry, 157 Caprona St., Sebastian, was present. There were fifteen (15) notice of. headng sent, and there were no objection or non- objection letters received. Ms. Henry gave a brief presentation on her business of weight loss and nutrition products. Ms. King gave staff presentation and recommended approval. VChmn. Schulke opened and dosed the public hearing at 7:18 pm, as there was no public input. MOTION by Pliska/Vesia I'll make a motion that we approve the Nutritional Enterprise for Norma Henry, name of business Nutritional supplement mail-order business at 157 Caprona Street. Roll call: Mr. Thomas - yes Mr. Mahoney(a) - yes VChmn. Schulke - yes Mr. Mather - yes Mr. Mathis - yes Mr. Pliska - yes Ms. Vesia - yes The vote was 7 - 0. Motion carried. 4. 431 TOLEDO STREET - JOSEPH SLAWSKI - P~~.~ng Joseph Slawski, 431 Toledo Street was present and gave a brief.p~n.' There were thirty-six (36) notices of:hearing sent, and no objection or non-objection letters were received. Mr. Slawski noted that he intends to do pressure cleaning on houses for Blue Ribbon Painting. Ms. King gave staff presentation and recommended approval. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 7, 1999 VChmn. Schulke opened and closed the public hearing at 7:20 pm, as there was no public input. Mr. Maloney asked the applicant how he would obtain his chlorine. Mr, Slawski responded that he doesn't use chlodne very much, but he will use what he has for his pool, MOTION by Pliska/Vesia I'll make a motion that we approve the Home Occupational license for Joe Slawski for pressure cleaning at 431 Toledo Street. Roll call: Mr. Mathis - yes Mr. Thomas - yes Mr. Mahoney(a) - yes VChmn. Schulke - yes Mr. Pliska - yes Mr. Mather - yes Ms. Vesia - yes The vote was 7 - 0. Motion carried. 5. 202-A KEEN TERRACE - ROBERT SMITH - Mail Order Robert Smith, 202-A Keen Terrace, Sebastian, was present. There were twenty-three (23) notices of hearing sent, and no objection or non-objection letters were received. Mr. Smith gave a bdef presentation and explained his process of receiving telephone calls and mailing nutritional products through the main Company in Dallas, Texas. Ms. King gave staff presentation and recommended approval. VChmn. Schulke opened and closed the public headng at 7:24 pm, as there was no public input. MOTION by MatherA/eeia I make a motion that we approve Good News Nutritional ,System, for Robert Smith at 202-A Keen Terrace. Discussion: Mr. Mahoney inquired about the notary stamp. Ms. King agreed toinquire of the Clerk's office since these licenses come through that office. Mr. Mahoney(a) - yes Mr, Thomas - yes Mr. Mather - yes VChmn. Schulke - yes Mr. Pliska - yes Mr. Mathis - yes Ms. Vesia - yes PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 7, 1999 The vote was 7 - 0. Motion carded. 6. 562 ORANGE AVENUE - STEVE LACKEY - Lawn Malntena'nce Steve Lackey, 562 Orange Avenue, Sebastian',. was present. There were thirty-two (32) notices of hearing sent and no objection or .non,<)bjection lettere were received. Mr. Lackey explained that he has had his lawn maintenance in Sebastian sitme' 1992, and has recently moved, and found out he needed .to switch his occupational .license to his new address. Ms. King gave staff presentation and recommended, appreval. VChmn. Schulke opened and closed the public headng at 7:38 pm~ aS. there was no public input. There was discussion about storage in the garage. MOTION by Pliska/Mather I'll make a motion that we approve the Home Occupational License for Excellence in Lawn Care, Inc., applicant Steve Lackey, for lawn maintenance at 562 Orange Avenue. Roll call: Mr. Mather - yes VChmn. Schulke - yes Mr. Pliska - yes Mr. Mathis - yes Ms. Vesia - yes Mr. Mahoney(a) - yes Mr. Thomas - yes The vote was 7 - 0. Motion carded. 7. 420 COPLEY TERRACE - GENE MUCKRIDGE - Handyman Gene Muckridge, 420 Copley Terrace, Sebastian, was present. There were twenty-seven (27) notices of.hearing sent and no objection-or nomObjection letters ware received. Mr. Muckridge gave a brief presentation. There were twenty-seven (27) notices of headng and no objection or non,objection letters were received. Ms. King gave staff presentation and recommended approval. She reminded the applicant that the maximum size of a storage trailer would be no more than fourteen (14) PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 7, 1999 feet in length, no greater than eight (8) feet in height, and would need to be screened by either a six (6) foot stockade fence, or adequate vegetation, or kept within the garage using the garage door as the screen. VChmn. Schulke opened and closed the public headng at 7:38 pm, as there was no public input. MOTION by Vesia/Mather I make a motion that we approve the Home OCCUpational Ucense for Time Makers/Complete Repair, Eugene Muckridge III, at 420 Copley'Terrace. Roll call: Mr. Pliska - yes VChmn. Schuike - yes Ms. Vesia - yes Mr. Mahoney(a) - yes Mr. Thomas - yes Mr~ Mather - yes Mr. Mathis - yes The vote was 7 - 0. Motion carded. B. REQUEST FOR PLANTING IN THE CITY'S RIGHT-OF-WAY (.garden) - Section 20A-5.12.C- 704 Madison Street-Michael MacVicar Michael M. MacVicar, 704 Madison Street, Sebastian, was present. There was some discussion about the Planning and Zoning Commission's role in this issue. Ms. King noted that according to code, this issue needs the approval of both P & Z, and City Council. Mr. Pliska, Mr. Mather, Ms. Vesia, and Mr. Mahoney visited the site. Mr. MacVicar gave a presentation and explained his position on this issue. He requested to be.allowed to plant a patch of grass next to the road the same size as his neighbor, Kentucky Fried Chicken, with eight'(8) feet of grass. He then wants to plant a couple rows of millet to block gas fumes from the road. He continued to explain his plants and technique. He also mentioned being visited by Code Enfo~ofFtcem. He would also like to keep his two avocado trees that are planted in the;R'~.'- Ms. Connie Ceislak, 618 N. Egret Circle, Barefoot Bay, FL, owner of the subject property, was present She commented on many problems that she has had with Mr. MacVicar, and she noted that.in November, she attencled a meeting where Mr. MacVicar was told to remove the crops in .the'front yard by December 31, 1998. She noted that with lhe back yard being 175 ft. deep, there is .no reason why his crops can't be planted there, and have grass in the front and have it presentable. She would like him to leave, and noted that this property is an eyesore. She also noted that she also would be fined. Mr. Pliska asked if the owner told Mr. McVicer he could have a garden in the .front' of this property. Ms. Ceislak responded that she allowed him to have a garden, but not specifically in the front yard. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 7, 1999 Tracy Hass gave staff presentation and explained actions right-of-way as of this morning. He noted that there is a violation, and the fine is accruing at present. He also noted that the Code Enforcement Board informed Mr. MacVicar that if he wanted to continue planting in the ROW, he would need to get approval from P & Z and from City Council. There was discussion on who makes decisions for the use of the ROW. Mr. Hass informed all present that the City makes decisions for the ROW use. VChmn. Schulke asked who would be responsible for the fine, and Mr. Hass responded that the owner is responsible., but he noted that in this case, both the tenant and owner have been charged. Mr. MacVicar commented that his request for a variance to Planning and Zoning Commission was submitted in early November. He indicated that he will pay the fine if it has to be paid. VChmn. Schulke noted that the fine.is a Code Enforcement issue. All thieBoard does is approve or deny planting in the ROW. Reference was made to the minutes of the Code Enforcement Board-from December 16, 1998, page 2, paragraph 2. Mr. Mather noted that credibility is lacking in this issue. Mr. Hass responded to this issue. It was noted that the zoning classification for this property is a commercial designation of CG. Mr. Mahoney gave some history of the site plan for.Kentucky Fried Chicken and the Dive Shop across the street. He also commented that these plantings are not ornamental, but husbandry or farming, and he felt it should be confined to the back yard. Mr. Hass noted that them is other room on the property to plant these crops. He also noted the concrete parking underneath some of the mulch where crops are. growing, VChmn. Schulke summed up the issues as follows: 1. a simple issue about whether to allow plantings like that 2. Would a precedent be set if we. did allow it, and other people might want to plant items in the ROW. 3. Does this present planting present any visual blocks. Mr. MacVicar indicated that he believed he was.following the planting technique that was utilized at Kentucky Fried Chicken, next door, and that he was putting in '1,empora~' plantings. He gave further information on individual crops planted in the ROW. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 7, 1999 Mr. Mather asked why the crop was not removed by December 31, 1998, Mr'. MacVicar responded that at that time he indicated that he was submiffing a plan to' Planning and Zoning for approval, and they (Code Enforcement) said to do that. He. :obtained an application and turned it in in early November. Mr. Mather noted that according to the minutes there was an agreement that. he agreed to pull the plants out by December 31. Mr. MacVicar indicated he was to pull out the plants or apply for approval and avoid the December 31"' deadline, altogether. He was upset that his hearing wasn't held before this. He noted that he never planned to take them out, but the order from Code Enforcement was to take them out. VChmn. Schulke attempted to explain to Mr. MacVicar that his character was not in question, but that he was obligated to abide by the decisions of the City Boards. VChmn. Schulke asked the Board memberS what the character of the Rivarfront District, is it to have corn and things like this in the ROW, .or even in the front yard. Mr. Pliska indicated that the present use of this front Yard does not meet the unifon'nity of other yards in the area, and this garden does not enhance the neighborhood. Mr. Mahoney noted that there is a safety issue involved here also. VChmn. Schulke suggested that a motion is in line, and it is pretty clear that it is probably not a precedent that the City wants to set. He referred to the code 'which requires this Board to consider the height, type and size of structure or planfing~ He added that the type of planting is not that is consistent with road rights-of-way in ~ City of Sebastian, and is not harmonious with the rest of the neighborhood. MOTION by Mather/Vesia I'll make a motion that we deny this garden in the front because it is not in compliance with the normal frontage of the town as well as compliance with the Riverfront District, and I think it is Sectien 20A-5.12.C. - there shall be no structure or planting on city or public right-of, way without prior approval of the planning (and zoning commission and city council), and we at this pottlt,-deny that request Discussion: AMENDMENT by Schulle/Mathar VChmn. Schulke suggested adding "it is.not consistent with the type of gardens normally found in the City of Sebastian's right-of-way, or in the Riverfront District, and the height of plantings is not harmonious with the adjacent neighborhood. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF JANUARY 7, 1999 Roll call: (on amendment) Mr. Mather - yes Mr. Pliska - yes Ms. Vesia - yes Mr. Thomas - yes Mr. Mathis VChmn. Schulke Mr. Mahoney(a) The vote on the amendment was 7 - 0. Amendment carried. Roll call: (on motion) Ms. Vesia - yes Mr. Thomas - yes VChmn. Schulke - yes Mr. Pliska - yes The vote was 7 - O. Motion carded. - yes - yes - yes Mr. Mathis - yes Mr. Mahoney(a) - yes Mr. Mather - yes Mr. McVicar stated "Thank you for your time, Ill take the plants out. cause you people trouble. I tded to do something for the community and ........ '. alsO told his landlady that if there is a fine, he will pay it, she won't. MEMBI=~RS MATTERS: C, ELECTION OF CHAIRMAN AND ViCE CHAIRMAN NOMINATION OF CHAIRMAN by Mr. Mather/Pliska I nominate Joe SChulke for Chairman. There were no other nominations, and. Mr. Schulke automatically becomes Chairman. Chmn. Schulke closed nominations for Chairman. 1~t NOMINATION OF VICE CHAIRMAN by Vesia/Pliska I nominate Kelly Mather for Vice Chairman. by Schulke/'l'homas Mr. Mahoney(a) - Pliska Mr. Mather - Pliska Mr. Pliska - Pliska 2"d NOMINATION OF VICE CHAIRMAN I'd like to nominate Mr. Pliska. Roll call: Mr. Thomas - Pfiska Chmn. Schulke - Mather Mr. Mathis - Mather Ms. Vesia - Mather I'm not here to He At this point Chmn. Schulke allowed Ms. Ceislak to speak again on all her problems with her tenant. For the record, Joseph Schulke is Chairman till January 2000, and Robert Pliska is Vise Chairman fill January 2000. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF jANUARY 7, 1999 She was advised to talk to an ..attorney as this .is a landlord-tenant matta~, She noted that she does not have money for an attorney, and if she evicts him, he won't leave.. Mr. Pliska commented that Section 20A-512.C. should be re-done and changed so the code should read "there shall be no structure or planting in City's public right-of-way", pedod. He felt that no approval should be given at any time. Other Board'members felt that the number of applications for this issue is verytimited, and there may be times when trees and canopy trees may be desired. Mr. Hass noted that as the code is now written, it provides for approval in special instances. Mr,. Pliska then suggested defining what could be planted to allow only grass and trees. Chmn. Schulke felt that a little discretion on. the part of this Board is sometimes, needed, Chmn. Schulke adjourned the meeting at :8:57 pm. (1/12/99 AB) ]0