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HomeMy WebLinkAbout05201993 PZ/am*A1 City of Sebastian A POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 PLANNING AND ZONING COMMISSION REGULAR MEETING AGENDA MAY 20TH9 1993 CALL TO ORDER ROLL CALL ANNOUNCEMENTS APPROVE MINUTES; NONE OLD BUSINESS; HOME OCCUPATIONAL LICENSE - FAULKNER PAINTING MEMBERSHIP RECOMMENDATION - 2nd ALTERNATE CHILD CARE LICENSING DISCUSSION NEW BUSINESS: HOME OCCUPATIONAL LICENSE - MEEK AND SONS PLUMBING HOME OCCUPATIONAL LICENSE - LYON ALUMINUM CONTRACTORS HOME OCCUPATIONAL LICENSE - RON'S BRASS AND COPPER SHOP PUBLIC HEARING ORDINANCE - 0-93-09 PUBLIC HEARING ORDINANCE - 0-93-10 PUBLIC HEARING ORDINANCE - 0-93-11 DISCUSSION AMEND H. O. LICENSES - NUMBER 12 ORGANIZATIONAL MEETING DISCUSSION/ACTION CHAIRMANS MATTERS: MEMBERS MATTERS: ATTORNEYS MATTERS: BUILDING OFFICIAL MATTERS: ENGINEERS MATTERS: ADJOURN NOTE; 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 THE APPEAL IS TO BE HEARD. SAID APPEAL MUST BE FILED WITH THE CITY CLERK'S OFFICE WITHIN TEN DAYS OF DATE OF ACTION. (286.0105 F.S.) 1 eou*1 City of Sebastian POST OFFICE BOX 780127 0 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY SEBASTIAN, FLORIDA THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD A REGULAR MEETING ON THURSDAY, MAY 20TH9 1993 AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FLORIDA. PLANNINu AND ZONING COMMISSION REGULAR MEETING MINUTES MAY 20, 1993 VICE-CHAIRMAN THOMPSON OPENED THE MEETING AT 7:00 P.M. PRESENT; MR. THOMPSON, MR. FISCHER, MR. BARNES, MR. GOLDSTEIN, MRS. KILKELLY, MR. SHROYER ABSENT; MR. FALKE, MR. FIRTION BOTH EXCUSED ALSO PRESENT; LINDA KINCHEN, SECRETARY, JAN KING, ZONING TECHNICIAN ANNOUNCEMENTS; MRS. KILKELLY ANNOUNCES SHE WILL BE ON VACATION FOR BOTH JUNE MEETINGS. ------------------------------------------------------------ APPROVAL OF MINUTES: NONE OLD BUSINESS: HOME OCCUPATIONAL LICENSE - WITHDRAWN BY APPLICANT MEMBERSHIP RECOMMENDATION FOR 2ND ALTERNATE: NOMINATIONS ARE OPENED AT 7:05 P.M. JEAN BRANTMEYER, ERIC MASKERAMOUS AND MR. MUNSART ARE NOMINATED. NOMINATIONS ARE CLOSED UNDER DISCUSSION MRS. KILKELLY TAKES EXCEPTION TO THE COUNCIL'S COMMENTS REGARDING THIS MATTER. VOICE VOTE WAS TAKEN AS FOLLOWS: MR. SHROYER - MR. MUNSART MR. BARNES - MR. MUNSART MR. GOLDSTEIN - MR. MASKERAMOUS MRS. KILKELLY - MRS. BRANTMEYER MR. FISCHER - MR. MUNSART MR. THOMPSON - MRS. BRANTMEYER MR. MUNSART WILL BE RECOMMENDED TO CITY COUNCIL AS SECOND ALTERNATE TERM TO EXPIRE JAN 1996 MR. GOLDSTEIN MADE THE MOTION SECOND BY MR. FISCHER PASSED 5-1 WITH MRS. KILKELLY VOTING NO. CHILD CARE CODE CHANGE - POSTPONED AT BRUCE COOPER'S REQUEST ------------------------------------------------------------ NEW BUSINESS: HOME OCCUPATIONAL LICENSE - MEEK AND SONS PLUMBING - WITHDRAWN BY APPLICANT l PLANNING AND ZONIii6 COMMISSION SPECIAL MEETIN- MINUTES MAY 20, 1993 PAGE TWO HOME OCCUPATIONAL LICENSE - LYON ALUMINUM CONTRACTOR DOUG LYON 418 OAK STREET SEBASTIAN FL PUBLIC HEARING OPENED AT 7:15 P.M. SECRETARY REPORTS NO OTHER STAFF COMMENTS LOOKING FOR TELEPHONE REQUEST ONLY PER APPLICANT NO STORAGE PUBLIC HEARING CLOSED AT 7:20 P.M. A MOTION TO APPROVE THE HOME OCCUPATIONAL LICENSE FOR LYON ALUMINUM CONTRACTOR AT 418 OAK STREET WAS MADE BY MR. FISCHER SECOND MR. BARNES PASSED UNANIMOUSLY. ------------------------------------------------------- ------ HOME OCCUPATIONAL LICENSE - RON'S BRASS AND COPPER SHOP RON REEDY 941 LOUISIANA AVENUE PUBLIC HEARING OPENED AT 7:20 P.M. SECRETARY REPORTS STAFF HAS NO FURTHER COMMENTS APPLICANT STATES NO CHEMICALS ARE USED AND THE MOTOR IS 3 HP AND USES A CLOTH WHEEL SO THERE IS NO NOISE. PUBLIC HEARING CLOSED 7:25 P.M. MR. GOLDSTEIN ASKS FOR A CLARIFICATION OF THE SQ FT. MRS. REEDY STATES SHE WASN'T SURE ABOUT THE SIZE OF THE HOUSE AND SHE JUST MADE A GUESS MR. FISCHER STATES NO LICENSE SHOULD BE ISSUED UNTIL THE CONSTRUCTION IS COMPLETE. A MOTION TO APPROVE THE H.O.L. FOR RON'S BRASS AND COPPER SHOP WITH 2 CONDITIONS 1) APPLICANT APPLICANT COMPLIES WITH THE GARAGE AND CONNECTION ITEM IN LDC AND STAFF MEMORANDUM DATED 5-7-93. 2) SUBJECT TO INFORMATION THAT 20% OF LIVING SPACE IS USED ONLY. MADE BY MR. GOLDSTEIN SECOND MR. FISCHER AMENDMENT TO THE MOTION MADE BY MR. THOMPSON SECOND MR. FISCHER STAFF TO GET A LETTER FROM THE HEALTH DEPARTMENT APPROVING USE. AMENDMENT PASSED 5-1 WITH MR. SHROYER VOTING NO MAIN MOTION PASSED 5-1 WITH MR. SHROYER VOTING NO. LICENSE APPROVED. ------------------------------------------------------------ ORDINANCE 0-93-09 PUBLIC HEARING OPENED AT 7:45 P.M. CHAIR READS BY TITLE ONLY STAFF HAS NO OBJECTION TO FULLY ENCLOSED UTILITY TRAILERS WITH NO ADVERTISING AND WOULD HAVE NO PROBLEM WAIVING SCREENING REQUIREMENTS ON THESE. PUBLIC HEARING CLOSED 7:45 P.M. MR. SHROYER FEELS SCREENING SHOULD BE REQUIRED NO MATTER WHAT. MR. BARNES CONCURS. MR. FISCHER WANTS SCREENING PREFERS VEGETATION OVER FENCING. MRS. KILKELLY HAS NO QUESTIONS. MR. GOLDSTEIN NO COMMENTS ON SCREENING MR. GOLDSTEIN QUESTIONS A CHANGE ON PAGE THREE - WITHDRAWS COMMENTS STATES WOULD LIKE A SENTENCE DELETED ON PAGE FOUR MR. THOMPSON WOULD LIKE TO ADD TOTALLY ENCLOSED COMMERCIAL NOT FOR PROFIT ORGANIZATIONAL OR PERSONAL TRAILERS NOT REQUIRED TO BE SCREENED. PLANNING AND ZONItN..3 COMMISSION REGULAR MEETIM MINUTES MAY 209 1993 PAGE THREE A MOTION TO AMEND PAGE 4 TO ADD "OTHER THAN AS AN ADDRESS OF CONVENEIENCE" BETWEEN LINES NINE AND TEN MADE BY MR. GOLDSTEIN SECOND MR. FISCHER PASSED UNANIMOUSLY. MR. THOMPSON MADE A MOTION TO ADD ON PAGE THREE SECOND LINE TOTALLY ENCLOSED COMMERCIAL AND NOT FOR PROFIT ORGANIZATIONAL OR PERSONAL TRAILERS SHALL NOT BE REQUIRED TO BE SUBJECT TO SCREENING AS DEFINED IN THIS PARAGRAPH - TOTALLY ENCLOSED SHALL BE DEFINED TO MEAN NO APPARENT OPENINGS. SECOND MR. FISCHER FOR DISCUSSION - UNDER DISCUSSION THE COMMISSION AGAIN DISCUSSED THE SCREENING ASPECT OF THIS ORDINANCE. MOTION FAILED 5-1 WITH MR. THOMPSON VOTING YES. A MOTION TO RECOMMEND TO CITY COUNCIL THAT 0-93-09 BE APPROVED AS AMENDED ON PAGE FOUR BY MRS. KILKELLY SECOND MR. FISCHER PASSED UNANIMOUSLY. ------------------------------------------------------------ RECESS AT 8:15 P.M. BACK AT 8:25 P.M. ALL PRESENT 0-93-10 PUBLIC HEARING OPENED AT 8:25 P.M. CHAIR READS BY TITLE ONLY SECRETARY REPORTS WAS ADVERTISED IN THE PRESS JOURNAL ONLY NO STAFF COMMENTS PUBLIC HEARING CLOSED 8:25 P.M. NO COMMENTS A MOTION TO RECOMMEND TO CITY COUNCIL APPROVAL OF 0-93-10 AS WRITTEN BY MR. FISCHER SECOND MR. GOLDSTEIN PASSED UNANIMOUSLY. ------------------------------------------------------------- 0-93-11 PUBLIC HEARING OPENED AT 8:26 P.M. CHAIR READS BY TITLE ONLY - STAFF INPUT - PER JAN BRUCE WANTS TO ADD LINE TO CODE CHANGE TO EXEMPT STRUCTURES THAT CONSIST SOLELY OF SCREEN WAYNE TOZZOLO 1085 GARDENIA STREET SPEAKS ON THE 30% RULE STATES WAS NEVER ENFORCED BEFORE AND SHOULD EXEMPT SCREEN ROOMS BRYAN KRUGER KRUGER CONSTRUCTION VERO BEACH ALSO IN FAVOR OF STAFF RECOMMENDATIONS POOL ENCLOSURES SHOULD BE EXEMPT BARRY MIDDLE CRYSTAL POOLS ALSO IN FAVOR OF THE CHANGE DON KNIGHT LIVES IN PELICAN POINT CURRENTLY BUILDING ON CONCHA IN FAVOR OF THE CHANGE. MRS. KILKELLY FEELS THIS ORDINANCE SHOULD GO BACK TO STAFF BECAUSE THERE IS A CONFLICT ON PAGE 323 AS WELL WHICH WOULD HAVE TO BE CORRECTED PARAGRAPH 5.2 PLANNING AND ZONIi,.2' COMMISSION REGULAR MEETIi, _ MINUTES MAY 20, 1993 PAGE FOUR A MOTION TO SEND BACK TO STAFF AND ATTORNEY FOR REVISIONS WITH 1) THE INCLUSION OF STATEMENTS TO EXEMPT POOL ENCLOSURES AND THAT 2) CITY COUNCIL GIVE PERMISSION TO ISSUE PERMITS UNTIL SUCH TIME AS ORDINANCE IS PASSED MADE BY MR. SHROYER SECOND MR. FISCHER UNDER DISCUSSION THIS WAS DIVIDED INTO TWO MOTIONS MR. THOMPSON NOT IN FAVOR OF NOT SENDING TO CITY COUNCIL STATES WILL DELAY TOO LONG IF GOES BACK TO STAFF. CLAIMS HE WILL NOT VOTE IN FAVOR OF THE SECOND MOTION BECAUSE HE FEELS IT IS ILLEGAL. 1ST MOTION PASSED 4-2 2ND MOTION TIES 3-3 DIES A MOTION TO RECOMMEND TO CITY COUNCIL TO ALLOW THE PERMITS IF IT IS LEGAL SINCE THEY WERE NEVER ENFORCED BEFORE WAS MADE BY MR. FISCHER SECOND MR. SHROYER PASSED 5-1 MRS. KILKELLY VOTED NO. ------------------------------------------------------------- AMEND H. 0. LICENSE - MR. GOLDSTEIN SPEAKS FIRST SINCE THIS IS HIS REQUEST SHIRLEY QUESTIONS THE WORDING AND TOMMIE STATES HE DID NOT UNDERSTAND IT EITHER. MR. GOLDSTEIN SUGGESTS PERHAPS A SENTENCE CAN BE ADDED AT THE END BUT THEN STAFFS COMMENTS MAY NOT BE AGREEABLE. A MOTION BY MR., GOLDSTEIN SECOND MR. FISCHER TO ADD THIS TO THE NEXT AGENDA FOR FURTHER COMMENTS. ORGANIZATIONAL MEETING DISCUSSION AND ACTION NOMINATIONS FOR CHAIRMAN ARE OPENED - TOMMIE THOMPSON IS NOMINATED FOR CHAIRMAN AND SHIRLEY KILKELLY FOR VICE CHAIRMAN BY MR. FISCHER MR. SHROYER REVERSES THE NOMINATION BUT MRS. KILKELLY DECLINES THE CHAIRMAN SEAT NOMINATIONS ARE CLOSED AND SINCE THERE IS ONLY ONE NOMINATION FOR EACH SEAT NO VOTE IS REQUIRED. ------------------------------------------------------------- CHAIRMANS MATTERS: NONE MEMBERS MATTERS: SHIRLEY ASKS IF MR. BARNES HAS RECEIVED ALL HIS COPIES AND SECRETARY STATES YES. SHE GIVES SECRETARY COPY OF INSURANCE MEMO AND FEELS THE NEW MEMBERS SHOULD HAVE IT AS WELL. PLANNING AND ZONIi,6 COMMISSION REGULAR MEETIi,_'MINUTES MAY 207 1993 PAGE FIVE MRS. KILKELLY ASKS IF CAPITAL IMPROVEMENTS HAVE BEEN ESTABLISHED AND WE NEED TO REVIEW THEM AND ESTABLISH PRIORITIES. GET COPIES OF LAST YEARS. ATTORNEY MATTERS: NONE STAFF HAS NO COMMENTS MOTION TO ADJOURN BY MR. SHROYER MEETING ADJOURNED AT 9:30 P.M.