The URL can be used to link to this page

Home My WebLink About03171994 PZ CitF o.f Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, ~WRCH 17., 1994 7:00 P.M. 2. 3. 4. 5. 8. 9. 10. 11. 12. CALL TO ORDER. ROLL CALL. ANNOUNCEMENTS. APPROVE MINUTES: REGULAR MEETING OF FEBRUARY 17, 1994· OLD BUSINESS: PROPOSED PARKING ORDINANCE. HOME OCCUPATIONAL LICENSE - BEV'S CLEANING SERVICE· NEW BUSINESS: MODEL HOME PERMIT - MERIDIAN BUILDING, INC. MODEL HOME PERMIT - MERIDIAN BUILDING, INC. HOME OCCUPATIONAL LICENSE - JUDY AND JOHN'S LAWN SERVICE. HOME OCCUPATIONAL LICENSE - A-1 LAWN MAINTENANCE· HOME OCCUPATIONAL LICENSE - C & T MAINTENANCE. HOME OCCUPATIONAL LICENSE - JOY'S THERAPEUTIC MASSAGE. HOME OCCUPATIONAL LICENSE - CHUCK WILLETT PAINTING. HOME OCCUPATIONAL LICENSE - WILLIAM H. REONER JR. PAINTING· CHAIRMANS MATTERS. I~H~ERS MATTERS: RESIGNATION OF ARTHUR FIRTION. ATTORNEYS MATTERS. BUILDING OFFICIAL MATTERS. ENGINEERS MATTERS. ADJOURN. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF THE DATE OF ACTION. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407) 589-53'30 AT LEAST 48 HOURS PRIOR TO THIS MEETING. CITY OF SEBASTIAN PLANNING AND ZONING CQMMISSIQN REGULAR MEETING MARCH 17, 1994 CHAIRMAN THOMPSON OPENED THE MEETING AT 7:10 P.M. ROLL CALL: PRESENT: MR. MUNSART, ALTERNATE MR. SCHULKE, ALTERNATE MR. SHROYER CHAIRMAN THOMPSON MR. GOLDSTEIN MR. BARNES MR. FALKE MR. FISCHER ABSENT: NONE IT IS NOTED THAT MR. SCHULKE WILL VOTE AS A REGULAR MEMBER. ALSO PRESENT: BRUCE COOPER, DIR. OF COMMUNITY DEVELOPMENT APPROVAL OF MINUTES: A MOTION WAS MADE BY MR. MUNSART TO APPROVE THE MINUTES OF FEBRUARY 17, 1994 AS SUBMITTED. SECONDED BY MR. SHROYER. CHAIRMAN THOMPSON MENTIONED THAT ON PAGE 8, FOURTH PARAGRAPH, THIRD LINE IT SHOULD STATE 1~00 P.M. RATHER THAN 1:00 A.M. MR. FALKE MENTIONED THAT ON PAGE 5 T~E QUESTIONED HE RAISRD CONCERNING THE VAN WAS BECAUSE IT WAS LISTED AS A STEP VAN' ~ND'WISHES THE MINUTES TO REFLECT SUCH. CHAIRMAN THOMPSON ALSO STATED THAT ON PAGE 10, NINTH LINE., SHOULD STATE VESTED RIGHT, RATHER THAN JUST VESTED. MR. MUNSART MADE A MOTION TO ACCEPT THE MINUTES AS AMENDED. MR. SHROYER SECONDED. ROLL CALL WAS MADE, UNANIMOUS VOTE. ANNOUNCEMENTS~ MR. SHROYER SUGGESTED MOVING THE PROPO~EDPARKING ORDINANCE FROM OLD BUSINESS TO BUILDING OFFICIAL MATTERS. NO OBJECTIONS FROM COMMISSIONERS. OLD BUSINESS: HOME OCCUPATIONAL LICENSE - BEV'S CLEANING SERVICE,., PLANNING AND ZONING COMMISSION REGULAR MEETING OF MARCH 17, 1994 PAGE TWO THE APPLICANT WAS NOT PRESENT ONCE AGAIN. SECRETARY MENTIONED THAT THE APPLICANT WAS CALLED AND ADvISeD THAT THEY NEED BE PRESENT AND THEY UNDERSTOOD THAT. MR. COOPER ASKED THAT THIS BE DEFERRED ONE MORE TIME. IF .T~EY DO NOT SHOW UP THEN THE CASE WILL BE CLOSED AND THEY WILL HAVE TO RE'APPLY. PUBLIC HEARING WAS OPENED AT 7:14 P~M.. NO PUBLIC INPUT. PUBLIC HEARING CLOSED AT 7:15 P.M. A MOTION WAS MADE BY MR. BARNES THAT~BEVtS CLEANING SERVICE APPLICATION BE RE-SCHEDULED FOR THE APRIL '7 MEETING. i"~ SECONDED BY MR. FISCHER. VOICE VOTE WAS MADE, UNANIMOUS VOTE 7-0. NEW BUSINESS: MODEL HOME PERMIT - MERIDIAN BUILDING - 1856 BARBER STREET. MODEL HOME PERMIT - MERIDIAN BUILDING - 1852 BARBER STREET. THE APPLICANT WAS PRESENT. PUBLIC HEARING OPENED AT 7:16 P.M. MR. COOPER STATED THEY HAD INDICATED PARKING STALLS AT':THE:CORNER OF BARBER STREET AND HE REQUESTED THEY BE ELIMINATED. MERIDIAN BUILDING HANDED OUT REVISED PARKING DRAWINGS. MR. COOPER STATED THAT PARKING WITH DRIVEWAYS FROM BOTH HOUSES SHOULD BE ADEQUATE. NO PUBLIC INPUT. PUBLIC HEARING CLOSED AT 7:22 P.M. MR. FALKE QUESTIONED TWO MODEL HOMES WITH TWO DIFFERENT OWNERS. MR. COOPER STATED THAT THIS PROCEDURE IS QUITE COMHON. MR. BARNES ASKED IF THEY HAD AN OFFICE OTHER THAN THE MODEL HOMES. MR. LAVERACK STATED THAT THEY ALSO HAD AN OFFICE AT COUNTY ROAD 510 AND A1A. MR. BARNES WONDERED IF THEY WOULD BE SIGNING AGREEMENTS IN THE MODEL HOMES. ~ PLANNING AND ZONING COMMISSION REGULAR MEETING OF MARCH 17, 1994 PAGE THREE 'MR. COOPER STATED THEY ARE PERMITTED TO DO A BINDER, BUT TH:BY CANNOT RUN THEIR CONSTRUCTION OFFICE OUT OF THE MODEL HOME. MR. GOLDSTEIN QUESTIONED WHETHER MR. COOPER HAD CONCERNS THAT ONE OF THE MODEL HOMES .IS OWNED BY SOMEONE ELSE AND WILL ONLY BE AVAILABLE FOR A YEAR'AND A HALF THAT PERHAPS WHEN THAT HOME IS GONE THE PARKING WILL BE INADEQUATE ON THE OTHER MODEL .HOME. THE APPLICANT STATED THAT BOTH HOMES ARE BEING LEASED THE SAME WAY. MR. BARNES 'MADE A MOTION TO APPROVE THE MODEL HOME APPLICATION FOR MERIDIAN BUILDERS AT 1852 BARBER STREET, LOT 9, BLOCK 456, WiTH CONDITION-THAT THERE'D BE FIELD CHECK .BY MR. COOPER RELATIVE'TO PARKING. SECONDED BY MR. FALKE. ROLL CALL WAS MADE, UNANIMOUS VOTE 7-0. A SEPARATE MOTION WAS MADE BY MR. BARNES TO APPROVE THE MODEL HOME' APPLICATION FOR MERIDIAN BUILDERS AT 1856 BARBER STREET, LOT 10, BLOCK 456, SUBJECT.AGAIN TO THE CONDITION THAT MR. COOPER FIELD CHECK FOR PARKING. SECONDED BY MR, ~l%h%B~. ROLL CALL WAS MADE, UNANIMOUS VOTE, 7-0. HOME OCCUPATIONAL LICENSE . JUDY. AND JOHN'S LAWN SERVICE - 621 CRYSTAL MIST AVENUE. THE APPLICANT WAS PRESENT. PUBLIC HEARING OPENED AT 7:30 P.M. THE APPLICANT STATED THAT HE HAS AN EXISTING HOME OCCUPATIONAL LICENSE FOR LAWN SERVICE AND THIS WILL BE FOR CONSTRUCTION CLEAN-UP. 12 NOTICES WERE SENT, NO OBJECTIONS RECEIVED. MR. COOPER STATED STAFF HAS NO OBJECTIONS. NO PUBLIC INPUT. PUBLIC HEARING WAS CLOSED AT 7:33 P.M. MR. BARNES MADE A MOTION FOR DISCUSSION THAT WE APPROVE THE HOME ~OCCUPATIONAL LICENSE FOR JOHN AND JUDY'S LAWN SERVICE AT 621 CRYSTAL MIST AVENUE. SECONDED BY MR. FISCHER. MR. BARNES WONDERED HOW BIG HIS TRUCK IS. PLANNING AND ZONING COMMISSION REGULAR MEETING OF MARCH 17, 1994 PAGE FOUR THE APPLICANT RESPONDED IT IS A 3/4 TON PICK-TRUCK. MR. FALKE. WONDERED WHERE HIS EQUIPMENT FOR TH~ LAWN SERVICE .IS KEPT. THE APPLICANT RESPONDED HE HAS TWO PICK-UP TRUCKS AND ONE TH'E- EQUIPMENT IS KEPT ON. ROLL CALL WAS MADE, UNANIMOUS VOTE, 7-0. HOME OCCUPATIONAL LICENSE A-1 LAWN MAINTENANCE - 1044 PALMETTO AVENUE. THE APPLICANT WAS PRESENT. PUBLIC HEARING OPENED AT 7=38 P,M. 5 NOTICES WERE SENT, NO OBJECTIONS, STAFF HAD NO OBJECTIONS. NO PUBLIC INPUT. PUBLIC HEARING CLOSED AT 7543 P.M. A MOTION WAS MADE BY MR. FALKE TO APPROVE THE HOME OCCUPATI0~L LICENSE FOR A-1 LAWN MAINTENANCE, BRUNO CRISTOFORI, '1044 .PALMETTO AVENUE IN SEBASTIAN. SECONDED BY MR. BARNES. MR. BARNES WONDERED WHAT SIZE TRUCK HE HAS. THE APPLICANT .RESPONDED 3/4 TON. ROLL CALL WAS MADE, UNANIMOUS VOTE 7-0. HOME OCCUPATIONAL LICENSE C & T MAINTENANCE - 434 P'INE STREET. THE APPLICANT WAS PRESENT. PUBLIC HEARING OPENED AT 7:41 P.M. 19 NOTICES WERE SENT, 2 OBJECTIONS RECEIVED. THE APPLICANT STATED HE MOVED HIS EQUIPMENT TO ~IS PROPERTY IN ROSELAND AND INTENDS TO MOVE IT INTO STORAGE ONCE THERE IS SOME AVAILABLE~ THERE IS NO EQUIPMENT OR TRAILERS AT HIS HOU:SE. NO PUBLIC INPUT. PUBLIC HEARING CLOSED AT 7=43 P.M. PLANNING AND ZONING COMMISSION REGULAR MEETING OF MARCH 17, 1994 PAGE' FIVE A MOTION WAS MADE BY MR. BARNES TO APPROVE THE HOME OCCUPATION LICENSE FOR WADE COMBS AT 434 PINE STREET IN SEBASTIAN. SECONDED BY MR. SCHULKE. ROLL CALL WAS MADE, UNANIMOUS VOTE 7'-0. HOME OCCUPATIONAL LICENSE JOY'S TH'BRAPEUTIC MASSAGE - 1701 SUNSET LANE. THE APPLICANT WAS PRESENT. PUBLIC HEARING OPENED AT 7:45 P.M. 24 NOTICES WERE SENT, 2 OBJECTIONS. THE APPLICANT STATED THAT SHE WISHES 'TO. DO. STRICTLY AN OUT CALL SET- UP' FROM HER HOME, TREATMENTS WOULD NOT BE DONE IN HER HOME." THE APPLICANT STATED SHE WORKS UNDER DOCTOR AND CHIROPRACTi'C""~F/~ERRALS~: ANY ADVERTISEMENT WOULD BE STRICTLY HER BUSINESS PHONE NUMBER WITH HER STATE LICENSE NUMBER, NO ADDRESS WOULD BE SHOWN. STAFF RECOMMENDS APPROVAL BASED ON WHAT THE APPLICANT HAS STATED SUBJECT TO THE CITY ATTORNEY OPINING THAT THIS WOULD BE P~&tMISSIBLE, EVEN THOUGH THE SPECIFIC TYPE OF USE IS PROHIBITED. THE APPLICANT ALSO STATED THAT THE PROFESSIONAL REGULATION BOARDBAS · A CODE UNDER MASSAGE THERAPY (940L) THAT STATES IF SHE GETS CAUGH~~''~ GIVING A MASSAGE IN HER HOME WITHOUT AN ESTABLISHMENT LICENSE THERE ARE SEVERE PENALTIES. INA GINISO OF 266 PERIWINKLE DRIVE STATED THAT SHE AND HER HUSBAND ARE OPPOSED TO THiS HOME OCCUPATIONAL.,LICENSE. MRS. GINISO ~HAs CONCERNS ABOUT SETTING A PRECEDENT FOR OTHER HOME OCCUPATIONS". SHE ALSO STATED THAT' WHAT IF IN THE FUTURE THER~ IS AN EMERG~NC~ CALL WHERE 'SOMEONE WOULD HAVE TO GO TO HER HOME. MR. GINIS~ ALSO 'SPOKE AND STATED HIS OBJECTIONS. GEORGETTE SHAMBO OF 250 PERIWINKLE DRIVE STATED SHE AND HER HUSBAND ARE ALSO OPPOSED TO THE HOME OCCUPATION. DONALD LADUCER OF 1721 SUNSET LANE SPOKE OBJECTING. MR. LADUCER WONDERED WHO WOULD POLICE THIS SITUATION TO ENSURE SHE WA8 ABIDING BY THE RULES. · MELISSA ADAMSON OF 241 PERIWINKLE DRIVE WANTED TO CLARIFY W~TH.THE APPLICANT THAT THE ONLY THING SHE WILL BE DOING OUT OF H~R,H~E.'!"IS RECEIVING AND MAKING PHONE CALLS. MR. GREEN OF 1667 BARBER STREET WONDERED IF THIS HOME OCCUP~ONAL LICENSE WAS A PRELUDE TO GETTING A SEPARATE LICENSE AT A FUTURE DATE. MRS. CAREY STATED IT WOULD BE IMPOSSIBLE FOR HER TO GET ANOTHER PLANNING AND ZONING COMMISSION REGULAR MEETING OF MARCH 17, 1994 PAGE .SIX LICENSE, UNLESS THE CITY OF SEBASTIAN .WERE TO CH~%NGE THERE CODE.S~ PUBLIC HEARING CLOSED AT 8:01 P.M. MR. COOPER STATED THAT THE CITY OF SEBASTIAN WILL BE DOWN ON THE SITUATION IF THERE IS A COMPLAINT. MR. GOLDSTEIN ASKED MRS. CAREY IF SHE.' WOULD AGREE AS h CONDITION OF HER LICENSE TO REFRAIN FROM SEEKING AN ESTABLISHMENT LICENSEi~'FROM THE STATE FOR THIS ADDRESS. SHE STATED SHE DEFINITELY WOULD. A MOTION WAS MADE BY MR. BARNES TO APPROVE THE HOME OClCuPATI'ONAL LICENSE FOR JOY'S THERAPEUTIC MASSAGE LOCATED AT 1701 SUNSET ~LANE, SUBJECT TO REVIEW BY THE CITY ATTORNEY OF THE GOVERNING ORDINANCE. ALSO THAT THE APPLICANT AGREES TO REFRAIN FROM SEEKING AN. ESTABLISHMENT LICENSE. SECONDED BY MR. GOLDSTEIN. ROLL CALL WAS MADE, UNANIMOUS VOTE, 7-0. RECESS WAS TAKEN AND ALL MEMBERS WERE PRESENT AFTER BREAK'~- HOME OCCUPATIONAL LICENSE CHUCK WILLETT PAINTING - 221 CAPROL LANE THE APPLICANT WAS PRESENT. PUBLIC HEARING OPENED AT 8:25 P.M' 13 NOTICES WERE SENT, NO OBJECTIONS RECEIVED. MR. COOPER ASKED IF MR. WILLETT HAD A.COMPETENCY CARD THROUGH CONTRACTOR LICENSING. HE STATED YES. NO PUBLIC INPUT. PUBLIC HEARING CLOSED 8:35 P.M. MR. GOLDSTEIN WONDERED IF THIS BUSINESS WAS A CORPORATION, OR SOLE PROPRIETORSHIP. MR. WILLETT STATED IT IS A SOLE PROPRIETORSHIP. MR. FALKE WONDERED WHAT WAS DONE WITH T~E LEFT OVER PAINT. MR. WILLETT SAID HE DISPOSED OF IT THROUGH PROPER CHANNELS. A MOTION WAS MADE BY MR. GOLDSTEIN TO APPROVE THE HOME OCCUPATIONAL PLANNING AND ZONING COMMISSION REGULAR MEETING OF MARCH 17, 1994 PAGE SEVEN LICENSE FOR CHUCK WILLETT PAINTING 221 (IAPROL LANE IN SEBASTIAN FOR A PAINTING CONTRACTOR. SECONDED BY MR. SHROYER. ROLL CALL WAS MADE, UNANIMOUS VOTE 7-0'~ HOME OCCUPATIONAL LICENSE WILLIAM H. REDNER, JR. PAINTING - 1701 LAGOON LANE. THE APPLICANT WAS PRESENT. PUBLIC HEARING OPENED AT 8:33 P.M. 14 NOTICES WERE SENT, 3 OBJECTIONS RECEIVED. ALL OBJECTIONS WERE FROM PEOPLE OUT OF TOWN AND THEY'WERE ~'LSENT HOME OCCUPATION RULES AND REGULATIONS'. MR. COOPER ASKED IF MR. REDNER HELD A COMPETENCY CARD IN THE'CiTY OF SEBASTIAN. MR. REDNER REPLIED YESi NO PUBLIC INPUT. MR. FALKE WONDERED WHAT WAS DONE WITH LEFT"OVER PAINT. -,'~ MR. REDNER REPLIED THAT USUALLY IT IS LEFT WiTH THE HOME OWI~ER. MR. BARNES WONDERED HOW LONG THE .VAN IS. MR. REDNER REPLIED IT IS A FULL SIZE DOBGE VAN. A MOTION WAS MADE BY MR. FALKE TO APPROVE THE HOME LICENSE FOR WILLIAM H. REDNER, JR. PAINTING LOCATED AT LANE IN SEBASTIAN FOR PAINTING. SECONDED BY MR. BARNES. ROLL CALL WAS MADE, UNANIMOUS VOTE 7-0. MEMBERS M~,'TTERS: RESIGNATION OF ARTHUR FIRTION,. A MOTION WAS MADE BY MR. BARNES THAT THE PLANNING,,AND zONING COMMITTEE ACCEPT THE RESIGNATION OF'ARTHUR FIRTiON.AS VICq~"eHAiRMJ~N OF THE PLANNING AND ZONING COMMISSiON"AND RECOMMEND THATTHE CITY COUNCIL ACCEPT IT ALSO. SECONDED BY MR. SCHULKE. VOICE VOTE WAS MADE, UNANIMOUS VOTE 7-0.. PLANNING AND ZONING COMMISSION REGULAR MEETING OF MARCH 17, 1994 PAGE, EIGHT CHAIRMAN THOMPSON PROPOSED APPOINTING A NEW VICE-CHAIRMAN TO FULFILL THE REMAINDER OF MR. FIRTION'S TERM. CHAIRMAN THOMPSON NOMINATED HOWARD GOLDSTEIN. MR. GOLDSTEIN RESPECTFULLY DECLINED THE NOMINATION. MR. FISCHER NOMINATED EARL S~ROYER. MR. SHROYER DECLINED. MR. GOLDSTEIN NOMINATED CARL FISCHER. MR. SHROYER SECONDED. NO FURTHER NOMINATIONS WERE MADE, MR. FISCHER AUTOMATICALLY IS APPOINTED VICE-CHAIRMAN OF THE PLANNING AND ZONING COMMISSION., MR'. BARNES WANTED TO KNOW THE STATUS 0F TOW TRUCKS IN A RESIDENTIAL AREA. MR. COOPER STATED ANY TYPE OF HEAVY EQUIPMENT IN A RESIDENTIAL ZONE IS PROHIBITED. MR. BARNES ALSO WANTED TO KNOW THE STATUS OF COMMISSIONERS BEING ABLE TO GO LOOK AT PROPERTIES. MR. COOPER READ THE DRAFT OF THE WAIVER AND CONSENT FORMTHAT WILL BE ATTACHED TO ALL APPLICATIONS. BUILDING OFFICIAL MATTERS: PROPOSEDPARKING ORDINANCE. MR. COOPER HANDED OUT WHAT HE RECOMMENDED AND READ FROM.IT. CHAIRMAN THOMPSON RECOMMENDED THAT THE ORDINANCE ~SHOULD STATE ~AT EACH VEHICLE SHOULD BE LICENSED AND CURRENT REGISTRATION, MR. GOLDSTEIN FELT THAT THE WHEREAS'S PROVIDE A RATIONAL BASIS: FOR LIMITING THE NUMBER OF VEHICLES, BUT THERE NEEDS TO BE A MEASURE OF DETERMINING THE NUMBER OF VEHICLES ALLOWED. THERE WAS LENGTHY DISCUSSION ON THE NUMBER OF VEHICLES THAT SHOULD BE ALLOWED. MR. GOLDSTEIN SUGGESTED CONSULTING WITH THE CITY ATTORNEY TO SEE IF WHAT MR. COOPER CAME UP WITH WOULD BE ENFORCEABLE. MR. SHROYER STATED IF THE CITY ATTORNEY FEELS IT IS ENFORCEABLE THEN IT COULD BE USED AS IS, IF NOT T.HEN-?SOMETHING COULD BE ADDED TO IT. MR. COOPER SUGGESTED 1.) WHAT IS THE DEFINITION OF STORED, COMPARED TO TEMPORARY PARKING OF VEHICLES OF AN IMPROVED AREA, 2"~i'i KEEPING A VEHICLE ON A DRIVEWAY OR IN A CARPORT/GARAGE IS PERMISSIBLE, PLANNING AND ZONING COMMISSION REGULAR MEETING OF MARCH 17, 1994 PAGE NINE 3. ) DEFINE AN IMPROVED AREA, WHICH WOU~D BE AN AREA THAT IS' ~ONCRE~ OR NON-POROUS SURFACE THAT HAS BEEN PERMITTED, OR A GARAGE OR CARPORT, 4. ) ANY AMOUNT OF VEHICLES THAT CAN BE KEPT ON THES~ SURFACES IS FINE, 5.) LIMIT THE.NUMBER OF VEHICLES THAT CAN BE ALLOWED ON THE UNIMPROVED SURFACE FOR SO MANY DAYS I.E. 30 DAYS - 3 VEHICLES · THE COMMISSIONERS AGREED WITH THOSE. S[~GGESTIONS AND DECIDED TO HAVE MR. COOPER CONFER WITH THE CiTY ATTORNEY. MEETING ADJOURNED AT 9:34 P.M. a~m~ Su~ECTTO '~ ...... o