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HomeMy WebLinkAbout07181996 PZ CITY OF SEBASTIAN PLANNING AND ZONING coMMISSION REGULAR MEETING JULY 18, 1996 Chairman Fischer called the meeting to order at 7:02 p.m. PRESENT: Mr. Munsart Ms. Kilkelly (arrived at 7:11 p.m.) Mr. Mather Mr. Pliska Ms. Vesia Mr. Driver Mr. Johns Chmn. Fischer Mr. Schulke (arrived at 7:09 p.m.) ALSO PRESENT: Robert Massarelli, City Planner Jan King, Zoning TechniCian Dorri Bosworth, Secretary MfHOUNCBMENTS: Mr. Driver was voting in place of Mr. Schulke, who had not arrived yet. Chmn. Fischer signed off a minor modification on July 12, 1996 to Steve Philipson's shopping center at 920 U.S. Highway $1 for limiting the amount of employees and customer's into Cross Trainer's Gym. Because of limited parking spaces, a maximumof 15 customers are allowed in the gym at one time. Chmn. Fischer signed off a minor modification to a site plan on July 18, 1996 for Hurricane Harbor Restaurant, 1540 Indian River Drive, for an addition of an 8' X 12' ticket booth for a fishing charter business. APPRO~&T-,OF MINUTES: None OLD BUSINESS: PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 1337 ABBOTT LANE ~LANNING AND ZONING COMMIBSION REGULAR MEETING OF JULY 18. 1996 PAGE TWO There were 15 notices of the public hearing sent out. No objection or non-objection letters were received back. No ex-parte visits to the site were disclosed. Staff reviewed its report stating the applicant was asking for an address of convenience only with no deliveries or storage of berries at the house, and recommended approval of the application. The public hearing was opened/closed at 7=06 p.m. public input. There was no Mr. Magdaleno stated he would be contacting berry pickers, renting a U-haul truck to pick up the berries and then driving to Omokalee to deliver the berries to the distribution center. No berries or the truck would be brought to the house. Mr. Pliska asked if the license would only be used for a short period of time? Mr. Magdaleno stated yes, only from mid-August into September during the berry season. Mr. Johns made a motion to approve a home occupational license to Jorge Magdaleno at 1337 Abbott Lane. Mr. Munsart seconded the motion. Roll call was taken. 7-0 motion approved. Mr. Schulke arrived at 7=09 p.m. MEN BUSXMESS: ACCESSORY STRUCTURB REVXEW - Se~tton 20A-5.7.D.7 1. 112 A~adem~ Te,rra=e - BeeFs/Haskins Mr. Ben Haskins, homeowner, was present and sworn in according to quasi-judicial procedures. Ms. Kilkelly arrived at 7:11 p.m. Mr. Massarelli reviewed with the Commission the history of the project, going over dates and actions taken by the Building Department and their approval of the building application and issuance of the permit. At the July Ilth meeting it was questioned by a Board member why the project wasn't reviewed by Planning and Zoning regarding the 12-foot high garage door opening. When the oversight was realized, the contractor was contacted and told to proceed at his own risk with further construction on the property until review of the application by the Planning and Zoning Commission. PLANNIKG.._AND ZONING COMMISSION REGULAR MEETING OF JULY 18. 1996 Mr. Massarelli also went over Section 20A-5.7 paragraph by paragraph, reiterating the definition of accessory structures and requirements of the code. He stated use of certain terms within the code were sig~ificant such as "principal structure". Since there was only one slab and one architectural style for this application, some may consider the building as one entire "principal structure". If the area is divided between the non-living and living area, as designated in the definition of accessory structures, the garage and leisure craft storage area are accessory structures by definition which, are in front of the front house line'in violation of the code, as are many other garages in the Highlands. Section 20A-5.7.D.6 applied to detached accessory structures which was not relevant for the application but, Mr. Massarelli .noted the code stated no detached accessory structuremay be larger than "75% of the living and nonliving square foot area of the principal structure" that is located on the same lot. Living and non-living area was included as part of the principal structure which could imply a garage or accessory structure may be a part of the principal structure. Mr. Massarelli also noted the application was in compliance with Section 20A-5.7.D.7.a & b. The Commission needed to decide if the application was in compliance with 7c deciding what the definition of ,,primary structure" was. If the primary structure is defined as just the living area, then the proposed accessory structure was above the roof line and not in compliance. Staff recommended, because of the language in section 6, approval of the request for the accessory building at 112 Academy Terrace. Mr. Johns questioned if the City Attorney had application and/or the code and felt the Board opinion from her before making a decision. reviewed the should get an Mr. Massarelli noted the project was under construction already and there would be a time delay in waiting for a legal opinion. The Building Official's stamp on the plans stated "Plans ~ to conform to present City code and are therefore approved. NOTE: The issuance of a permit upon plans and specifications shall not prevent the Building official from thereafter requiring the correction of errors in said plans and specifications or preventing the building operations being carried on thereunder when in violation of any City ordinances." This puts the builder on notice that if an error is found, construction could be stopped. Ms. Kilkelly stated she did not feel a storage area for a leisure craft, whether attached or detached, was intended bythe code to be considered part of the principal structure. PLANN,,I,NG AND ZONING COMMISSION REGULAR MEETING OF JULY 18. 1996 PAGE FOUR Mr. Haskins made a point that motor homes stored outside on the property looked more ~sightly than if stored in .an..accessory structure and presented local pictures as examples. Mr. Massarelli noted the application was before the Commission only because of the proposed door height. If the area. did not have a door opening and was just an enclosed large room, Planning and Zoning would not be required to review the plans and the roof ridge line would be in compliance. Mr. Schulke stated that the term "principal structure" as used in Section 6 could be different from the term "primary structure" as used in Section 7. Mr. Pliska also requested a legal opinion from the city attorney regarding the definitions in question. Mr. Massarelli summarized options the Commission could make: Interpret that primary structure is different from principal structure in that primary is only the living area and therefore, the proposal for this accessory use is inconsistent with the code. Principal and application is permit. primary structure are the same and the consistent with the code, and approve the Before any action, defer to next meeting and request to have the City Attorney present with an interpretation of the code. Approve the application, and direct the City Attorney to re- draft the language of the code to clarify, eliminating confusion on principal and primary structure. Mr. Pliska made a motion "that we put this on hold until the attorney makes an official reading on this, an interpretation, so that we can use his interpretation as a guideline for approval." Mr. Schulke seconded the motion. The Board and Mr. Haskins, along with his contractor, Mr. Sam Beers, discussed the situation regarding the time it may take to get an interpretation, and alternatives to the building plans if the proposal was denied. Mr. Driver stated if the code required single-family residences to have a garage then it should be considered part of the principal structure. Mr. J.W. Thompson, 125 Main Street, stated that Planningand Zoning had already approved two similar accessory structurespreviously. PLANNING AND ZONING COMMISSION REGULAR MEETING OF JULY 18, 1996 Mr. Munsart stated he felt the proposed application was in violation of the code but, since there was an error in interpretation by staff the applicant shouldn't pay the consequences. The attorney should render an opinion and if needed, amend the code. The Board had concerns that similar proposals would be submitted before the code could be changed and approving this application would set a precedent. Roll call was taken on the motion by Mr. Pliska: Mr. Mather NO Chnm. Fischer NO Mr. Pliska YES Mr. Schulke NO Ms. Vesia YES Mr. Munsart NO Mr. Johns NO Motion denied 5-2. Mr. Johns made a motion that ,we approve an accessory structure for Mr. Haskins at 112 Academy Terrace". Mr. Mather seconded the motion. Roll call was taken. 7-0 motion carried. Mr. Massarelli requested the Board give direction to staff to clarify the definition of principal and primary structure, and that the roof line of the entire structure should be the same with the deter~.ning roof line being over the living portion of the house. The Board also discussed if garage doors over 7 feet should not be allowed. Ms. Kilkelly noted that the garages for large recreational vehicles, alOng with the added driveways, create extra impervious area creating extra stormwater drainoff into the swales. Mr. Mather suggested the intent of the changes to the code should be to establish rules and guidelines for building aesthetically pleasing accessory structures. Mr. Massarelli requested a motion so that staff could say this was emerging policy and stop further applications. Mr. Mather so moved. Mr. Johns seconded the motion. A voice vote was taken. Ail members were in favor, motion carried. PLANNING AND ZONING COMMISSION REGULAR MEETING OF ~Y 18. 199~ CHAZRMMI MATTERS: None MEMBERS MATTERS ~ Mr. Driver questioned the number of trees on a model home parking lot on Barber Street. Ms. Kilkelly had questions regarding the EAR Report on the Comprehensive Plan review. Mr. Munsart had questions on the maintenance of the lakelocated in Harbor Point Subdivision. Mr. Pliska questioned if the operations at Skydive Sebastian had been approved? PLANNER MATTERS: Mr. Massarelli updated the Commission regarding applications currently under staff's review that would be brought to Planning and Zoning shortly. &TTORNK~ MATTERS x None ADJOIJRHMKNT: Chairman Fischer closed the meeting at 8:53 p.m. r"i City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 o FAX (561) 589-5570 AGENDA THURSDAY, JULY 189 1996 7:00 P.M. PLANNING AND ZONING COMMISSION 1. CALL TO ORDER. 2. ROLL CALL. 3. ANNOUNCEMENTS. 4. APPROVAL OF MINUTES: 5. OLD BUSINESS: Public Hearing - Home Jorge Magdaleno Occupational License - 1337 Abbott Lane - Palmetto Berry Distribution 6. NEW BUSINESS: Accessory Structure Review - Section 20A -5.7.D.7 1. 112 Academy Terrace - Beers/Raskin 7. CHAIRMAN MATTERS: 8. MEMBERS MATTERS: 9. CITY PLANNER MATTERS: 10. ATTORNEY MATTERS: 11. ADJOURNMENT. 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.