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HomeMy WebLinkAbout04041996 PZ CiTY OF SEBASTIAN PLANNING AND ZONING COMMISSION REGULAR MEETING APRIL 4, 1996 Vice-Chairman Munsart called the meeting to order at 7:00 p.m. ROLL C~L: PRESENT: Mr. Munsart Ms. Kilkelly Mr. Mather Mr. Pliska Mrs. Brantmeyer Mr. Jolms EXCUSED ABSENCE: Chmn. Fischer Mr. Schulke ALSO PRESENT: Tim Williams, Asst. City Attorney Mike Oliver, Masteller & Moler Jan King, Zoning Technician Dorri Bosworth, Secretary ANNOUNCE~NTS: Vice-Chairman Munsart announced that Chmn. Fischer and Mr. Schulke have excused absences and Ms. Kilkelly will be voting for Chmn. Fischer. APPROVAL OF MINUTES:. ...... MOTION by Jo~r~tm~ I move that ~e ~nutes of,~u~ 4 me~g be approv~ Roll c~ w~ t~. 6-0 motion c~ed. OLO s 8 ZSS: PUBLIC I:[FARING- HOME OCCUPATIONAL LICENSE - 449 ALAMANDA AVENUE - ELLEN FULKS - WALL & FURNITURE STENCILING Ellen Fulks, 449 Alamanda Avenue, was presem and was sworn in according to quasi-judicial procedure. PLUG AND zONING.CO~SSION REGULAR MEETING OF. APRIL 4, 1996 PAGE TWO There were 21 notices of hearing sent out and we received no objection or non-objection letters. All questions of the Board were answered satisfactorily. The public hearing was opened at 7:05. There was no public input and the heating was closed at 7:05 p.m. MOTION by Johns/Mather I make a motion to grant a Home Occupational License to Ellen Fulks at 449 Alamanda Avenue to conduct a wall and furniture stenciling business. Roll call was taken. 6-0 motion carded. (The Conditional Use Permit for Coffee & Tea Shop - Paula Radley - 710 Washington Street was withdrawn) REQUEST FOR RECOMMENDATION OF SUPPORT - SANDY SHORES DEVELOPMENT - AFFORDABLE HOUSING/SiNGLE-FAMILY RESIDENCES There was no representative for Sandy Shores Development, and this is the second meeting that no one has shown up. MOTION by Pliska/Johns I make a recommendation that we don~t okay any letter of approval. Roll call was taken. 6-0. Motion carried. SITE PLAN REVIEW - REViSIONS - KNIGHTS OF COLUMBUS CLUBHOUSE Randy Mosby of Mosby 8: Associates was present, representing the Knights of Columbus. He read fi.om a letter fi.om Masteller 8: Moler, that they have no objections to the latest drawings of the site plan. Vice Chairman Munsart noted that this is a continuation of the Public Hearing, and also noted that it appeared all changes were made on the Site Plan, as requested by the Board. MOTION by Johns/Mather I make a motion that we approve the Site Plan for the Knights of Columbia's Clubhouse as depicted on Randy Mosby's drawings C1 of C2 Site Plan dated March 25, 1996, with a revision #5 dated 3/25/96; sheet 2 of 2, Details and Notes, dated March 25, 1996, with a revision #4 dated 3/25/96; and drawing 1 of 2 Floor Plan and Electrical Plan dated March 25, 1996 with no revisions, and sheet 2 of 2, Elevations and Notes dated March 25, 1996. PLUG AND ZONING....~OMMISSION PA(~E REGULAR....MEETING OF .APRIL 4, 1996 Roll call was taken. 6-0 motion carried. NEW PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 1444 SEAHOUSE STREET - ROBERT ROSENZWEIG - GUN DEALERSHIP Robert Rosenzweig, 1444 Seahouse Street, Sebastian, was present, and along with others who wished to speak on this issue, was sworn in according to quasi-judicial procedure. There were 18 notices of hearing sent out. We received 7 letters of objection and no letters of non- objection. Ms. Brantmeyer noted that she visited the site. Mr. Williams noted that, based on his investigation, we would have to recommend against it. Our LDC for Home Occupation says that no commodity may be delivered to any person or carrier from the home. In reference to ATF, their regulations require that buyers must come to the residence to pick up the firearms - the dealer may not deliver them. It would appear that the applicant is between two conflicting sets of regulations. Mr. Rosenzweig noted that he submitted an application to the Police Department 14 months ago, as required by law. The Chief approved it, and he came up for renewal in March, and submitted the paper work. He has been doing business at this location for 14 months and there seems to be no complaint from anyone. The public hearing was opened at 7:20 p.m. Richard De Graves of 329 Valencia Street, Sebastian, noted that he is also a firearms dealer, whose business is Cowboy Corner on U.S. 1, and spoke against this license. He suggested that having your residence open for public retail business, as required, cannot be done in a residence. Mr. Al Galz, 1618 Seahouse Street, also spoke against this business, citing regulations from the Federal Firearms Regulations handbook. Jann Kanfouslg 1437 Seahouse Street spoke against this business. Wayne Tozzolo, 858 Kirke Avenue, spoke against this business. Angelo Satola, 1456 Seahouse Street, objected. Earl Shroyer, Columbus Avenue, Sebastian, cited the 4 page synopsis of the Florida Federal PLANNING AND ZONING COMMISSION PAGE FOUR REGULAR MEETING OF APRIL 4, 1996' Firearms Laws, page 37 states basically that you cannot have a Federal Firearms License in a residential area. The public hearing was closed at 7:35 p.m~ Mr. Williams remarked that he doesn't see any way that Mr. Rosenzweig can operate this business and be in compliance with the Land Development Code, and also ATF rules. Mr. Pliska noted that since this is a public hearing, and all of Sebastian now knows that Mr. Rosenzweig is dealing in firearms, he is open to robberies, etc. MOTION by Johns/Brantmeyer I make a motion that we do not approve a Home OCcupational License to operate a gun dealership for Robert Rosenzweig at 1444 Seahorse, excuse me, Seahouse Street. Roll call was taken. 6-0 motion carried. At this point, Vice Chairman Munsart welcomed Kelly Mather to the Board. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 744 LAKE DRIVE - FARRIEY SIMS - RESIDENTIAL CLEANING Famiey Sims, 744 Lake Drive, Sebastian, was present and was sworn in according to quasi-judicial procedure. There were 19 notices of hearing sent out. We received 1 objection letter and no non-objection letters. Ms. King noted that this was mainly for an address of convenience, and staffhas no objection. The public hearing was opened at 7:44. There was no public input and the hearing was closed at 7:44 p.m. MOTION by Bnmtmeyer/Mather I make a motion that we approve the Home Occupational License for Farriey Sims at 744 Lake Drive, Sebastian, Florida to do housecleaning. Roll call was taken. 6-0 motion carried. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 570 AGNES STREET - GREG ZIMMERMAN - LAWN MAINTENANCE PLANNING ~ ZONING CQMMISS,,ION PAGE FIVe_ REGULAR IVI~-~TIN~ OF APRIL 4, 1996 Greg Zimmerman, 570 Agnes Street, was present and was sworn in according to quasi-judicial procedure. There were 23 notices of hearing sent out. We received no objection or non-objection letters. Ms. Brantmeyer visited the site. Ms. King explained that the applicant has supplied information that he keeps his equipment in Brevard County, and if at any time he has to bring equipment to his home, he will store it on a utility trailer inside his garage. The public hearing was opened at 7:48 p.m. George Fullin, 591 Grace Street, voiced concern about this license. The public hearing was dosed at 7:52 p.m. Staff has no objection to this request. MOTION by Pliska/Johns I make a motion to grant a Home Occupational License to Greg Zimmerman, 570 Agnes Street for lawn maintenance business, from his home at 570 Agnes Street. Roll call was taken. 6-0' motion carried. PUBLIC HEARING- HOME OCCUPATION LICENSE - 525 MICHAEL STREET - ROBIN GRAVES- LAWN MAINTENANCE Robin Graves, 525 Michael Street, was present and was sworn in according to quasi-judicial procedure. Ms. Brantmeyer visited the site. There were 24 notices of hearing sent out. We received 3 objection letters and no non-objection letters. Staff reported that the applicant states that she only has small hand tools for landscaping, which will be stored in the bed of her truck at all times, and the truck will be stored in her garage. All questions from staff were answered satisfactorily. The public Mating was opened at 7:58 p.m. There was no public input and the hearing was PLANNING AND ZONII~.,(3 COMMISSION REGULAR MEETING OF,,APRIL 4~ 1996 PAGE SIX closed at 7:58 p.m. MOTION by Brantmeyer/Johns I make a motion that we approve a Home Occupational License for Robin Graves at 525 Michael Street, doing landscaping and lawn maintenance, under the name of Home Lakewinds, Inc. Vice Chmn. Munsart discussed the subject of the name "Home Lakewinds, Inc.", and it was determined that the Home Occupational License COuld be issued to a Corporation. Ms. Brantmeyer changed her motion to read - "I make a motion that we approve a Home Occupational License for Lakewinds, Inc. to do landscaping and lawn maintenance, at 525 Michael Mr. Johns seconded it. Roll call was taken. 6-0 motion carried. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 122 MABRY STREET - WILLIAM SOLOMON - PET SITTING William Solomon, at 122 Mabry Street, Sebastian, was present and was sworn in according to quasi- judicial procedure. Ms. Brantmeyer visited the site. There were 15 notices of heating sent out. We received 2 objection letters and no non-objection letters. Ms. King noted that the applicant has stated that no pets would be brought to his home, that this license is for an address of convenience only. The public hearing was opened at 8:07 p.m. There was no public input and the meeting was closed at 8:07 p.m. MOTION by Johns/Mather I make a motion to grant a Home ~pafional License to William Solomon to operate a pet sitting service at 122 Mabry Street. Roll call was taken. 6-0 motion carried. PLANNING AND Z..0NING COMMISSION ~ REGULAR .h~.. ETING OF APRIL.....4, 1996 PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 810 LANDSDOWNE DRIVE - THOMAS DICK - LAWN MAINTENANCE Thomas Dick, 819 Landsdowne Drive, was present and was sworn in according to quasi-judicial procedure. Ms. Brantmeyer visited the site. There were 17 notices of hearing sent out. We received 2 objection letters and no non-objection letters. The out of town objection letter writers will be sent a copy of the Code. Staffwas not able to contact Mr. Dick before the meetin8 and asked about equipment storage, and screening. Mr. Dick replied that he is not applying for lawn maintenance, only landscaping, and small hand tools were stored in his truck. Supplies come from nurseries and are dropped on site. The public hearing was opened at 8:19 p.m. There was no public input and the hearing was closed at 8:19 p.m. The applicant responded that he would only use this address as an address of convenience. MOTION by Johns/Mather I make a motion to grant a Home Occupational License to Phoenix Landscaping and Design for lawn maintenance at 819 Landsdowne Drive. Roll call was taken. Ms. Brantmeyer - No Mr. Johns - Yes Mr. Munsart -Yes Ms. Kilkelly - Yes Mr. Mather - Yes Mr. Pliska - No 4-2 motion carried. ACCESSORY STRUCTURE REVIEW - SECTION 20A-S.7.d.7 1. 1S01 Eastlake Lane - Mr. Philip Chesser Mr. Chesser explained that he has plenty of room for setbacks, the structure will probably be 14 x 28, will have a poured driveway, and will match the house, and have a garage door. Staff explained that it is over 200 sq. ft., and has a 9 ft. garage door. After discussion, it was PLANNING ~ ZONING,,..C. OMMISSION PAGE, EIGHT RF_.GI~AR MEET ,,,I~,. G OF APRIL 4. 1996 de~ermined that the garage door is 9 f~. wide, not high. MOTION by Johns/Mather I make a motion that we approve the accessory structure for Mr. Philip Chesser located at 1501 Eastlake Lane. Roll call was taken. 6-0 motion carded. 2. 443 Tunison Lane - Mr. Paul Forster Mr. Paul Forster, 443 Tunison Lane was present and stated that he does not have a garage or a carport. The shed will be aluminum, painted white, and installed by the supplier. MOTION by Johns/Mather I make a motion we approve this accessory structure for Mr. Paul Forster at 443 Tunison Lane. Roll call was taken. 6-0 motion carried. PUBLIC HEARING - RECOMMEN1)ATION TO CITY COUNCIl., - SPECIAL USE PERMIT/SANDMINING - HARBOR POINT SUBDIVISION Mr. Randy Mosby of Mosby & Associates was present, representing the applicant. Mr. Mosby explained that this application is a formality only, they are not operating a sandmim'n§ business, just want to remove over 5000 cu. yds. of soil/sand from the spoil bank which was formed when the canal was formed by the original developer, General Development. He noted that they are only doing what the City already had approved. He noted that the County is now looking at this type of situation on a case by case basis, and plan to revise their ordinance to cover a multiple of situations. Ms. Brantmeyer visited the site. MOTION by Johns/Brantmeyer I make a motion we recommend to City Council a special use permit for sandmining for Harbor Point Subdivision. Roll call was taken. 6-0 motion carried. DISCUSSION- PROPOSED REZO~G OF PROPERTY EAST OF 480 & 484 U.S. HWY #1 - COMMERCIAL LIMITED TO COR - MR. STEVE PHIL~ffiN pLANNING AND ZO,~G COMMISSION REGULAR MEETING O,F,,,, APKiL~, !996 PAGE NllqE ARer some discussion, it was determined that not enough information was available at this time, and considering the fact that the Riverfront Committee hadn't reached their final plan, the Commission decided to defer their opinion to a later time. DISCUSSION - PROPOSED AMENDMENT TO SIGN ORDINANCE Ms. King referred to her memo of March 19, 1996. She noted that the City's Sign Ordinance is not clear on vehicular signage and this is causing some confusion in the Code Enforcement Dept. Vehicular signs are not really regulated but the signs posing the problems seem to be with A-frame signs or banners attached to vehicles parked in front of the business and pointing the Way. Mr. W'flliams suggested that some signs fit into more than one category, so interpretation is involved. One suggestion was that a sign may fit more than one category and it must be legal in all respects. ARea' discussion, it was determined that Staff would obtain copies of Vehicular Signage Ordinances from several other cities for comparison. CHAIRMAN MATTERS: None MEMBERS MATTERS: Ms. Kilkelly inquired about a notation on the Zoning Compliance Checklist marked "under air", and is in relation to an Accessory Structure application. Ms. King explained that someone else has made that notation, she doesnl know who, and she will follow up because it is inappropriate on this form. Landscaping around Accessory Buildings was discussed, and it was determined that this issue would be taken care of at a Special Meeting. Contractors going across private property when accessing rear yards was discussed. Ms. King noted that if they get a complaint that a swale has been damaged, or large ruts have been placed in adjacent property, the contractor is notified that they have to take care of it. She also noted that Contractors are reminded of this by the Building Department, because they include a notice with the permit for new home construction. It outlines the fact that they do not have the right to go on other people's property unless they have written permission from the owner. They are obviously trespassing if they don't have the written permission. Mr. Pliska mentioned a problem by property owners who live out of town. He suggested stronger enforcement of the regulation Mr. Johns also felt that enforcement is required. PLANNING AND ZONI~G....~0MMISSION REGULAR MEETING OF, APRIL 4, 1996 PAGE TEN Mr. Williams noted that withholding the CO until these problems are corrected would probably be the best solution. It was determined to address this issue at a special meeting. STAFF MATTERS: Ms. King mentioned seeing draRs of SeVeral different Ordinances that Planning and Zoning has discussed in the past, such as the draf~ of the Ordinance regarding barbed wire, and earth berms, the development of the property on the East and West sides of Indian River Drive, and an Ordinance change to the Comprehensive Plan not to allow replacement of mobile homes in non-complying zones. Those are in the hands of Mr. Frame now, and they may come back to this Commission for final wording. She reminded everyone that the list is getting longer for the items to be discussed at a Special Meeting. She reported that the swale for the CEMCO model was inspected and reinspected, and has a unique situation in that because of the fence right on the property line on the lot next to it, that they would have to have removed the fence to place the swale properly, so it is right where the Building Dept. wanted it. The Code Enforcement Officer is pursuing several code violations relative to landscaping around sheds. The meeting was adjourned at 9:27 p.m. J� I City of Sebastian 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570. AGENDA PLANNING AND ZONING COMMISSION THURSDAY, APRIL 4, 1996 7:00 P.M. 1. CALL TO ORDER. 2. ROLL CALL. 3. ANNOUNCEMENTS. 4. APPROVAL OF MINUTES: Regular meetings of March 7, 1996, and March 21, 1996 eow"N 5. OLD BUSINESS: *Approval of Minutes - Regular meeting of January 4, 1996 *Public Hearing - Home Occupational License - 449 Alamanda Avenue - Ellen Fulks - Wall & Furniture Stenciling wrTMg.�Public Hearing - Conditional Use Permit - Coffee & Tea Shop - CL Zoning District - 710 Washington Street - Paula Radley *Request for Recommendation of Support - Sandy Shores Development - Affordable Housing/Single-Family Residences *Site Plan Review - Revisions - Knights of Columbus Clubhouse 6. NEW BUSINESS: Public Hearing - Home Occupational License - 1444 Seahouse Street - Robert Rosenzweig - Gun Dealership Public Hearing - Home Occupational License - 744 Lake Drive - Farriey Sims - Residential Cleaning Public Hearing - Home Occupational License - 570 Agnes Street Greg Zimmerman - Lawn Maintenance Public Hearing - Home Occupational License - 525 Michael Street - Robin Graves - Lawn Maintenance Public Hearing - Home Occupational License - 122 Mabry Street William Solomon - Pet Sitting Public Hearing - Home Occupational License - 819 Landsdowne Drive - Thomas Dick - Lawn Maintenance Accessory Structure Review - Section 20A -5.7.D.7 1. 1501 Eastlake Lane - Mr. Philip Chesser 2. 443 Tunison Lane - Mr. Paul Forster AGENDA - PLANNING AND ZONING COMMISSION REGULAR MEETING - APRIL 41 1996 PAGE TWO Public Hearing - Recommendation Permit/Sandmining - Harbor Discussion - Proposed Rezoning U.S. Hwy #1 - Commercial Philipson Discussion - Proposed Amendment to City Council - Special Use Point Subdivision of Property East of 480 & 484 Limited to COR - Mr. Steve to Sign Ordinance 7. CHAIRMAN MATTERS: 8. MEMBERS MATTERS: 9. STAFF MATTERS: Jan King - Updates & Reports 10. ATTORNEY MATTERS: 11. ADJOURNMENT. roa 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)-589-5330 AT LEAST 48 HOURS PRIOR TO THIS MEETING.