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Home My WebLink About06211990 PZPLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES JUNE 21, t990 CHAIRMAN KRULIKOWSKI CALLED THE MEETING TO ORDER. PRESENT; MR. MAHONEY, MRS. KILKELLY, MR. THOMPSON, MR. SHROYER,ALTERNATE, MR. WADSWORTH, MR. FULLERTON, MR. KRULIKOWSKI, MRS. O'CONNOR. ABSENT; MR. LINDSEY, ALTERNATE EXCUSED ALSO PRESENT; RICK TORPY, ASSISTANT CITY ATTORNEY, LINDA KINCHEN, SECRETARY ANNOUNCEMENTS; MR. FULLERTON REQUESTED THAT THE JULY 5TH MEETING BE POSTPONED TO JULY 12TH AND THE CHAIRMAN STATED THAT HE HAD ALREADY REQUESTED THE SECRETARY TO TAKE CARE OF IT. MR. FULLERTON MADE A MOTION TO PUT ON THE NEXT MEETING A DISCUSSION OF SECTION 20A1a,16 REGARDING LAND CLEARING FOR ADDITIONS OR AMENDMENT, SECOND MR. WADSWORTH - UNANIMOUS SECRETARY ANNOUNCED THAT SEBASTIAN ANIMAL HOSPITAL REQUESTED THEY BE REMOVED FROM THE AGENDA AND RESCHEDULED FOR THE NEXT MEETING. SECRETARY ALSO INTRODUCED ASSISTANT ATTORNEY RICK TORPY TO THE COMMISSION, APPROVAL OF MINUTES: JUNE 7, 1990 A MOTION TO APPROVE THE MINUTES WAS MADE BY MR. WADSWORTH SECOND MR. THOMPSON, MR. THOMPSON REQUESTED THAT ON PAGE ONE MR. WADSWORTH'S NAME BE iNSERTED AS THE ONE WHO MADE THE MOTION PERTAINING TO THE REQUEST FOR THE CITY ATTORNEY IN ATTENDANCE AT THE MEETING - MOTION PASSED UNANIMOUSLY. OLD BUSINESS; HOME OCCUPATIONAL LICENSE DISCUSSION CHAIRMAN ASKS MR. SHROYER TO GIVE THE ATTORNEY A BRIEF UPDATE ON WHAT IS GOING ON AND WHY WE REQUESTED HIM TO BE THERE. ATTORNEY TORPY STATES THAT THE ORDINANCE IS ENFORCEABLE AS WRITTEN AND RECOMMENDS THAT THE COMMISSION LEAVE IT THE WAY IT IS AT THIS TIME, AFTER SOME LENGTHY DISCUSSION BACK AND FORTH REGARDING ENFORCEMENT AND VIOLATIONS OF SAME THE FOLLOWING MOTION WAS MADE; MR. WADSWORTH MADE A MOTION TO LEAVE THE HOME OCCUPATIONAL LICENSE SECTION AS WRITTEN AND REMOVE IT FROM THE AGENDA, SECOND BY MR. MAHONEY - PASSED UNANIMOUSLY. PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES JUNE 21, 1990 PAGE TWO HOME OCCUPATIONAL LICENSE - JIM STONE CONSTRUCTION JIM STONE IS PRESENT 720 LOUISIANA AVENUE - CONCRETE BUSINESS STATES IS ASKING FOR A TELEPHONE ONLY-STORES ALL OTHER EQUIPMENT AT A WAREHOUSE LOCATION ELSEWHERE MR, THOMPSON ASKS HIM REGARDING THE PALLET, BAG OF CONCRETE AND WHEELBARROW AT THE RESIDENCE AND WHETHER THEY CAN BE REMOVED. MRS. KiLKELLY ASKS IF THE PICK UP TRUCK IS OPEN OR ENCLOSED HE STATES IT IS OPEN, AND HE ALSO HAS A DUMP TRUCK AND A BOB CAT KEPT ELSEWHERE - MRS. KILKELLY ASKS THE ATTORNEY IF HE CAN HAVE MORE THAN ONE VEHICLE SINCE THE ORDINANCE STATES ONLY ONE VEHICLE IS ALLOWED IN CONNECTION WiTH A HOME OCCUPATIONAL LICENSE THE ATTORNEY ANSWERS THAT ONLY ONE CAN BE STORED AT THE HOME BUT THE APPLICANT CAN HAVE THREE HUNDRED IF HE WANTS AS LONG AS THEY ARE NOT AT THE HOME. PUBLIC HEARING WAS OPENED AT 8:05 P.M. CLOSED AT 8:05 P.M. NO COMMENT MR. MAHONEY ASKS THE ATTORNEY HOW MUCH WAIT THEY SHOULD GIVE LETTERS OF OBJECTION AND WHETHER THEY CAN TURN A LICENSE DOWN BECAUSE OF THEM_ THE ATTORNEY STATES iF THE APPLICANT MEETS THE CODE REQUIREMENTS HE CANNOT LEGALLY BE TURNED DOWN, HOWEVER, IF THE LETTER REFERS TO CODE VIOLATIONS WHICH ARE OCCURRING PRIOR TO ISSUANCE OF THE LICENSE THEN THE COMMISSION SHOULD POSTPONE ACTION UNTIL IT CAN BE INVESTIGATED AND CORRECTED MR. WADSWORTH MADE A MOTION TO APPROVE THE HOME OCCUPATIONAL LICENSE FOR JIM STONE CONSTRUCTION AT 720 LOUISIANA AVENUE SECOND BY MRS. KILKELLY - HR. THOMPSON MAKES AN AMENDMENT TO THE MOTION THAT APPROVAL BE CONDITIONAL ON THE FACT THAT THE APPLICANT CLEANUP THE MATERIAL AND EQUIPMENT INCLUDING THE WHEELBARROW NOT ASSOCIATED WITH THE HOME OCCUPATION AROUND HIS PROPERTY. AMENDMENT DIES FOR A LACK OF SECOND. ROLL CALL ON THE MAIN MOTION PASSES 5-2 WITH MR. FULLERTON AND MRS. O'CONNOR VOTING NO CONDITIONAL USE PERMIT - FLAHERTY FOR A PAWN SHOP SECRETARY ANNOUNCES THAT MR. COOPER WOULD LIKE THE BOARD TO CONSIDER MR. FLAHERTY'S FENCE PERMIT REQUEST AT THIS TIME ALSO. PLANNING AND ZONING COMMISSION REGULAR MEET G MINUTES JUNE 21, 1990 PAGE THREE MR, FLAHERTY STATES THAT HE WILL NOT HANDLE FIREARMS OF ANY KIND BECAUSE HE DOESN'T KNOW ANYTHING ABOUT THEM AND DOESN'T WANT TO BE INVOLVED WITH THEM. HE STATES HE HAS APPLIED FOR ALL THE NECESSARY STATE PAPERWORK AND IS CURRENTLY WAITING FOR HIS LICENSE, THERE IS DISCUSSION REGARDING THE FENCED IN AREA AND WHAT IT WILL BE USED FOR AND THE ATTORNEY IS ASKED FOR HIS OPINION SINCE THERE ARE NO OTHER PAWN SHOPS IN TOWN HE STATES THAT THESE TYPES OF FENCED STORAGE AREAS ARE GENERALLY ASSOCIATED WITH PAWN SHOPS IN OTHER CITIES, THERE IS SOME DISCUSSION BACK AND FORTH REGARDING WHETHER THE FENCED iN AREA IS A STRUCTURE OR A BUILDING PUBLIC HEARING OPENED AT 8:25 P.M. CLOSED AT 8:25 P,M. NO COMMENT COND USE PERMIT - A MOTION TO APPROVE THE CONDITIONAL USE PERMIT FOR THE PAWN SHOP AT 911 U. S. HIGHWAY #1 FOR EDWARD J. FLAHERTY WAS MADE BY MR, THOMPSON SECOND MR. WADSWORTH PASSED UNANIMOUSLY. A MOTION TO APPROVE THE CHAIN LINK FENCE WITH BARBED WIRE WAS MADE BY MR. WADSWORTH, SECOND MRS. KILKELLY PASSED UNANIMOUSLY. FIVE MINUTE RECESS AT 8:35 P.M. BACK 8:45 P.M, ALL PRESENT CITY OF SEBASTIAN - SITE PLAN SECRETARY ADVISES SHE WILL TRY TO ANSWER ANY QUESTIONS THEY MAY HAVE. THERE WERE SOME MINOR QUESTIONS REGARDING PARKING AND LANDSCAPING - A MOTION TO APPROVE THE SITE PLAN PARKING LOT IMPROVEMENTS FOR THE CITY OF SEBASTIAN WAS MADE BY MR, THOMPSON SECOND MRS. O'CONNOR - PASSED UNANIMOUSLY. LAUNDROMAT DISCUSSION - THERE IS MUCH DISCUSSION REGARDING THE PARKING CALCULATIONS FOR THIS BUSINESS AND HOW THEY WERE DETERMINED. ALSO WHETHER OR NOT THE LAUNDROMAT WOULD OPEN BEFORE THE SEWER LINE WAS OPERABLE AND IF THE LICENSE HAD ALREADY BEEN ISSUED. THE SECRETARY ADVISED THAT MR, COOPER'S LETTER EXPLAINS EVERYTHING AND SHE HAD NO FURTHER INFORMATION TO OFFER. JUNE 21, 1990 PAGE FOUR A MOTION BY MR. WADSWORTH TO HAVE THE CITY ATTORNEY RENDER AN OPINION ON THIS USE AS RELATES TO PARKING SECOND BY MRS. KILKELLY MOTION PASSED 6-1 WITH MR. THOMPSON VOTING NO BECAUSE HE FEELS THEY SHOULD GO THROUGH BRUCE COOPER FIRST. CHAIRMANS MATTERS; REQUEST THE COMMISSION SET PROCEDURES TO TRY TO HAVE ALL BUSINESS COMPLETED BY 9:30 TO ALLOW FOR OTHER MATTERS ON THE AGENDA. ALSO THE CHAIRMAN FEELS WE SHOULD GO BACK TO HAVING TWO WEEKS TO REVIEW PACKAGES. A MOTION TO GO BACK TO HAVING PACKAGES PICKED UP TWO WEEKS BEFORE THE SCHEDULED MEETING DATE STARTING IN AUGUST WAS MADE BY MR, FULLERTON SECOND MRS. O'CONNOR PASSED 6-1 WITH MRS. KILKELLY VOTING NO. MEMBERS MATTERS: MRS. O'CONNOR REQUESTS LIGHT BE LIT UNDER THE FLAG IN FRONT OF CITY HALL. CITY ATTORNEY ANSWERS THE INDIVIDUAL REQUESTS OF MEMBERS WHICH WERE SUBMITTED. THREE FROM MR. FULLERTON AND THE REST FROM MR. MAHONEY. MR. SHROYER REQUESTS THE NUMBERING ORDINANCE BE PUT BACK ON THE AGENDA. MR. FULLERTON MADE A MOTION TO PUT IT ON THE NEXT AGENDA SECOND MR. MAHONEY PASSED 5-2 WITH MR. WADSWORTH AND MRS. KILKELLY VOTING NO A MOTION TO EXTEND THE MEETING FOR FIVE MINUTES WAS MADE BY MR. MAHONEY SECOND MR. WADSWORTH PASSED UNANIMOUSLY. MR, WADSWORTH STATES THE ATTORNEY MENTIONED AT THE BREAK THAT HE WOULD BE WILLING TO COME TO A WORKSHOP SESSION WITH THE COMMISSION. A MOTION TO SET UP THE WORKSHOP AT THE ATTORNEY'S CONVENIENCE NOT TO EXCEED TWO HOURS WAS MADE BY MR. WADSWORTH, SECOND MR. MAHONEY - PASSED UNANIMOUSLY. SECRETARY TO ADVISE AT A LATER DATE. MEETING ADJOURNED AT 10:10 P.M. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PLANNING AND ZONING COMMISSION REGULAR MEETING AGENDA JUNE 21ST, 1990 CALL TO ORDER ROLL CALL ANNOUNCEMENTS APPROVE MINUTES; OLD BUSINESS; NEW BUSINESS: JUNE 7TH, 1990 REGULAR MEETING HOME OCCUPATIONAL LICENSE DISCUSSION MEMBERS MATTERS; ATTORNEYS MATTERS; ENGINEERS MATTERS; BUILDING OFFICIAL MATTERS; CITY PLANNER MATTERS; ADJOURN NOTE; IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSES HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS MADE, CHAIRMANS MATTERS; HOME OCCUPATIONAL LICENSE-JIM STONE CONSTRUCTION CONDITIONAL USE PERMIT - PAWN SHOP - FLAHERTY SITE PLAN-CITY OF SEBASTIAN PARKING LOT IMPROVEMENTS SiTE PLAN-SEBASTIAN ANIMAL HOSPITAL ADDITION LAUNDROMAT DISCUSSION