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HomeMy WebLinkAbout11041999 PZ City of Sebastian 1225 MAIN STREET r'l SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561)589-2566 PUBLIC MEETING CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE LOCAL PLANNING AGENCY and the PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, HAS SCHEDU'L~D A REGULAR MEETING ON THURSDAY, NOVEMBER 4TH, 1999, AT 7:00 P.M. IN THE CiTY COUNCIL Ci-tANIBE~. DORRI BOS%~ORTH, SECRETARY PLANNING AND ZONING COMA/ISSION NOTE: 1F ANY PERSON DECIDES TO APPEAL .ANY DECISION MADE ON THE ABOVE MAT2F_2{S, 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 NOTE: IN COMPLIANCE WITH THE AMERI~S WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL .ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 45 HOURS iN ADVANCE OF THE MEETING. CITY OF SEBASTIAN PLANNING AND ZONING MEETING MINUTES OF REGULAR MEETING NOVEMBER 4, 1999 (This meeting is being voice broadcast over Falcon Cable Channel 35.) Chairman Schulke called the meeting to order at 7:03 P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. Mahoney(a) VCh. Pliska Ms. Vesia Chmn. Schulke Mr. Evely(a) Mr. Gerhold Mr. Barrett EXCUSED ABSENCE: Mr. Mathis AL~o PRESENT: Tracy Hass, Planning and Growth Management Director jan King, Planning and Growth Management Manager Rich Stringer, City Attorney Ann Breck, Recording Secretary Tim Zelinski, Code Enforcement Officer ANNOUNCEMENTS: Chmn. Schulke announced that Mr. Mathis is excused from tonight's meeting, and Mr. Mahoney will vote in his place. He also noted that Mr. Evely will vote in place of Mr. Mather, whose term ended, and applications are in the process of being solicited for his replacement. APPROVAL OF MINUTES: (10/7/99 & 10/21/99) MOTION by Barrett/Vesia I recommend approval of the minutes of the meeting of October 7, 1999. Mr. Mahoney noted a spelling error on page two, and the secretary will correct this. A voice vote was taken. 7 - 0 motion carded. MOTION bY Barrett/Vesia I recommend approval of the minutes of October 21, 1999, spelling errors). A voice vote was taken. 7 - 0 motion carded. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 4, 1999 0,LD BUSINES$~ None NEW BU, ,~iNESS: A. PUBLIC HEARINGS - Home Occupational Licenses: 1. 1771 Barber Street - Robert Dionne - Lawn Maintenance Mr. Dionne was present, was sworn in at 7:06 P.M., and gave a brief presentatiOn, jan King was also sworn in at this time. There were twelve (12) notices of hearing sent, and there were no objection letters and one (1) non-objection letter received. The applicant indicated that he had received a copy of the non-objection letter. Jan King gave staff presentation and recommended approval. Chron. Schulke opened and closed the public hearing at 7:09 P.M., as there was no public input. MOTION by Pliska/Gerhold I'll make a motion that we approve a conditional use permit for Robert Dionne Lawn Care at 1771 Barber Street, Lot 32, Block 405, Sebastian Highlands. Roll call: VCh. Pliska - yes Chmn. Schulke - yes Ms. Vesia - yes Mr. Mahoney(a) - yes Mr. Gerhold - yes Mr, Evely(a) - yes Mr. Barrett - yes The vote was 7 - 0. Motion carded. 2. 4 River Oak Drive - David Rodriguez - Computer Services David Rodriguez was present and was sworn in by the Chairman at 7:12 P.M., along with Eileen O'Connell, Marjana Famoq, Edward O'Connell, Annie Valencia, Dan Perugini and Norma Damp. There were eight (8) notices of hearing sent and there were no objection or non- objection letters received. Mr. Rodriguez gave a bdef presentation. Jan King gave staff presentation and recommended approval. Chmn. Schulke opened the public hearing at 7:14 P.M. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 4, 1999 OPPONENTS; Eileen O'Connell, Dan Perugini, and Ed O'Connell spoke in objection, and Annie Valencia, and Norma Damp spoke in favor of this license. P.ROPONENT,~: Chmn. Schulke closed the public hearing at 7:20 P.M. Mr. Rodriguez noted that he received a new contract from Eric Fischer in which he agreed to all terms for a Home Occupational License. The public hearing was reopened at 7:24 P.M. Mr. O'Connell and Mr. Perugini had further input, and Mr. Rodriguez responded to their questions. Mr. Perugini asked for information on the Commission's responsibility to a private deed restriction in a private community. Atty. Stdnger responded that deed restrictions are a private legal matter between parties under a contract, and injunctions would be applied for at the Circuit Court level. Mr. Perugini inquired again about the number of notices sent out. Chron. Schulke closed the public hearing at 7:28 P.M. Jan King reminded the Commission of the criteria for determining a Home Occupational License in the City of Sebastian. A few questions were asked by Commission members and were answered satisfactorily by the applicant. In a discussion with Atty. Stringer, it was suggested that telecommuting may need to be given attention in the City Codes. MOTION by Gerhold/Evely(a) I make a motion that we approve the Home Occupational License for David Roddguez to conduct a computer service business at his residence in San Sebastian Springs. Roll call: Ms. Vesia Mr. Evely(a) Mr. Gerhold Chmn. Schulke The vote was 7 - 0, Motion carried. - yes Mr. Mahoney(a) - yes - yes VCh. Pliska - yes - yes Mr. Barrett - yes - yes PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 4, 1999 B. ACCESSORY STRUCTURE REVIEWS - Section 20A-S.7.D,7: 1. 1848 Barber Street - 12' X 20' Pm-fab shed - Superior sheds Marjana Farooq, 2680 Riverview Court, Vero Beach, was present representing the applicant. Ms. Farooq gave a brief presentation. Jan King gave staff presentation. The Commission members then discussed this application, from color to construction materials, including height. The meaning of the words "compatible" and "in harmony" were discussed. It was noted that the height of the shed was not indicated on the drawings. Mr. Pliska requested that the secretary check the discussion that LPA had on accessory structure criteria. MOTION by Barrett/Evely i'll make a recommendation that we approve the accessory structure at 1848 Barber Street for a 12 x 20 pre-fab structure, as long as it is painted to match the color of the parent building on the lot. Roll call: Mr. Evely - yes Mr. Mahoney(a) - no Mr. Gerhold - yes VC Pliska - no Mr~ Barrett - yes Ms. Vesia - yes Chmn. Schulke - no The vote was 4 - 3. Motion carded. 2. 797 Atlantis Terrace - 20' X 24' Pre-fab Shed- Smalley Sheds Mr. James F. Smalley was present representing the homeowner. Mr. Smalley provided a photo of a similar shed and noted that it will have a 6" overhang. Jan King gave staff presentation. Commission members discussed this issue. MOTION by Barrett/Evely I'll recommend that we approve the accessory building at 797 Atlantis Terrace. Roll call: Mr. Mahoney(a) - yes Mr. Evely(a) - yes VCh. Pliska - no Mr. Gerhold - yes Ms. Vesia - yes Mr. Barrett - yes Chmn. Schulke - yes PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 4, 1999 The vote was 6 - 1. Motion carried. (A break was taken from 8:28 to 8:40 P.M.) All members previously present have returned. PUBLIC HEARING - Recommendation to City Council - Request for Waiver of Section 20A-19.6.3.C.6.b(5), Riverfront Overlay District - Lincoln Smith- 1716 Indian River Drive Mr. Lincoln Smith, 758 Forester Ave, Sebastian, was present and was sworn in along with Donald Gosselin and Tracy Hass, at 8:42 P.M. Mr. Smith gave a bdef presentation. Tracy Hass gave staff presentation noting that Mr. Smith was provided with a copy of the Riverfront standards before this subject house was designed. He indicated that the designing architect apparently failed to use the "50%" width standard on lots east of Indian River Drive. He noted that this error was immediately picked up when the plans were submitted. He continued to give details of qualifying this building. He also indicated that a home of comparable size could be placed on this lot if it is redesigned to fit the lot properly. Chmn. Schulke opened the public hearing at 8:49 p.m. Mr. Donald Gosselin, 678 Vocelle Ave., contractor for Mr. Smith, spoke in objection to the "50%" rule on lot width. Chmn. Schulke dosed the public headng at 8:51 P.M. Mr. Barrett brought up the subject of the "50%" rule and asked if this is a subject of discussion for change in the revised LDC. Mr. Hass indicated that this area will be discussed sometime in the future. Atty. Stringer informed the Commission that an ordinance is being designed to signify how the building width should be measured, which will be different than the method which is presently being used. He then explained the legalities of this case in reference to Sec. 20A-19.4 - D. Waivers. There was much discussion on this issue. MOTION by Pliska/Vesia I'd like to make a motion to recommend to City Council to deny the request because it doesn't create an inordinate burden, and to me, it's just a minor inconvenience, since he has a legal right, the way it is situated, he can move the house in any position on the property - make the adjustment. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 4, 1999 Roll cell: Mr. Evely(a) - yes Mr. Gerhold - yes Mr. Mahoney(a) - no Mr. Barrett - no VCh. Pliska - yes Chmn. Schulke - yes Ms. Vesia - yes The vote was 5 - 2. Motion carried. D. REVOCATION HEARING (Quasi-judicial)- 1073 Barber Street- Vincent Giordano - Home Occupational License Atty. Stdnger explained the quasi-judicial procedure for this meeting. Chmn. Schulke opened the hearing at 9:33 P.M. No ex parte communications were indicated. Atty. Stdnger referred to Code Enforcement Case #15597 where an order has been entered finding a violation for illegally parking the commercial vehicles at the residence. Mr. Tim Zelinski, Code Enforcement Officer, was sworn in by the Chairman at 9:35 P.M. Mr. Zelinski proceeded to give background on this case involving the parking of a tractor~ trailer at a residence. He then provided a photo of this violation, Exhibit A of Code Enforcement. He also indicated that Mr. Giordano was fully informed of this provision when he obtained his Home Occupational License, Mr. Hass indicated that Mr. Zelinski attempted to work with Mr. Giordano but got no cooperation, and Mr. Giordano did not show up at the hearing before Code Enforcement. Them was further discussion on this issue. There were no proponents or opponents. The quasi-judicial hearing was closed at 9:45 P.M MOTION by Barrett/Pliska I'll make the same recommendation I did last time, due to his incapability of adhedng to our Codes, I recommend that we revoke his Home Occupational License. Roll call: VCh. Pliska - yes Mr. Barrett - yes Ms. Vesia - yes Chmn. Schulke - yes Mr. Evely(a) - yes Mr. Mahoney(a) - yes Mr. Gerhold - yes The vote was 7 - 0. Motion carried. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF NOVEMBER 4, 1999 E. LOCAL PLANNING AGENCY - Review - Revisions to the Land Development Code - Chapter VI, revisit Chapter V This item is postponed. (The next workshop meeting will be held on Monday, November 15, 1999.) CHAIRMAN MATTERS: Chmn. Schulke indicated that he had a mark-up of a conditional use section, which he passed along to Mr. Hass and Ms. King. MEM,~I~RS MATTERS: Mr. Pliska asked that the turning radius of the entrance to the Barber Street Sports Complex be increased to ease traffic back-up on the street. Mr. Hass explained that this issue needs to be taken to the Engineering Department. This issue was discussed. DIRECTORS MATTERS: None ATTORNEY MATTERS: None Chmn. Schulke adjourned the meeting at 9:58 P.M. (110999 AB)