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Home My WebLink About11051992 PZ City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 PLANNING AND ZONING COMMISSION REGULAR MEETING AGENDA NOVERMBER 5TH, 1992 CALL TO ORDER ROLL CALL ANNOUNCEMENTS APPROVE MINUTES; REGULAR MEETING SEPTEMBER 17, 1992 REGULAR MEETING OCTOBER 1, 1992 SPECIAL MEETING OCTOBER 8, 1992 CITY ATTORNEY MATTERS: OLD BUSINESS; HOME OCCUPATIONAL LICENSE - VINTAGE POTTERY FINAL REVIEW/ACTION - LDC CHANGE WATERCRAFT TREE ORDINANCE DISCUSSION NEW BUSINESS: HOME OCCUPATIONAL LICENSE - KENNY°S LAWN SERVICE HOME OCCUPATIONAL LICENSE - MANESS TREE SERVICE CONDITIONAL USE PERMIT - PELICAN ISLAND KITE SHOP CONDITIONAL USE PERMIT - SEABUG, INC. PUBLIC HEARING PROCEDURES 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.) City of Sebastian POST OFFICE BOX 780127 [3 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, NOVEMBER 5th, 1992 AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FLORIDA. PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES NOVEMBER §TH, 1992 CHAIRMAN KRULIKOWSKI OPENED THE MEETING AT 7:00 P,M. PRESENT; MR. THOMPSON, MR. FISCHER, MR. KRULIKOWSKI, MR. FIRTION, MR. SHROYER, MR. GOLDSTEIN, MRS. DAMP, F~H~. ~,~~ ABSENT; MR. FULLERTON EXCUSED ALSO PRESENT; LINDA KINCHEN, SECRETARY, BRUCE COOPER, DIRECTOR OF COMMUNITY DEVELOPMENT AND CHARLES NASH, CITY ATTORNEY ANNOUNCEMENTS; HOME OCCUPATIONAL LICENSES MOVED UP BEFORE CITY ATTORNEY MATTF/{S - MOTION BY-MR. THOMPSON SECOND MR. FISCHER PASSED UNANIMOUSLY. APPROVAL OF MINUTES: SEPTEMBF_~ 17, 1992 A MOTION TO APPROVE AS sUBMITTED MADE BY MR. THOMPSON SECOND MR. FISCHER PASSED UNANIMOUSLY. APPROVAL OF MINUTES: OCTOBER 1, 1992 A MOTION TO APPROVE AS SUBMITTED BY MR. THOMPSON SECOND MR. FISOHER PASSED UNANIMOUSLY. APPROVAL OF MINUTES: OCTOBER 8, 1992 A MOTION TO APPROVE AS SUBMITTED BY MR. THOMPSON SECOND MRS. KILKELLY PASSED UNANIMOUSLY. HOME OCCUPATIONAL LICENSE - VINTAGE POTTERY APPLICANT. IS NOT PRESENT - ACTION POSTPONED HOME OCCUPATIONAL LICENSE KENNY'S LAWN SERVICE 821 BARBER STREET KENNY POSEY - MR. FISCHER D~CLARES A CONFLICT OF INTEREST BECAUSE MR. POSEY KEEPS HIS EQUIPMENT AT THE FISCHER TRADE CENTER - STAFF HAS NO OBJECTION BASED ON THAT FACT PUBLIC HEARING OPENED AT 7:10 P.M. HARVEY. MILLER 891 S. LAWSON STREET - ADVISED THIS IS NOT THE LAWSON STREET LICENS~ AND MR. MILLER RESERVES COMMENT UNTIL LAWSON STREET IS DISCUSSED. PUBLIC .HEARING CLOSED 7:10 P.M. A MOTION TO APPROVE THE H.O.L. FOR KENNY POSEY WAS MADE, BY HR. THOMPSON SECOND MRS. DAMP PASSED. UNANIMOUSLY. MR GOLDSTEIN VOTED FOR MR. FISCHER DUE TO THE CONFLICT OF INTEREST. HOME OCCUPATIONAL LICENSE,MANESS TREE SERVICE-MARTY MANESS 661 LAWSON STREET -STATE'S HAS BEEN IN BUSINESS 8 MONTHS - PI~ANNtN(] AND ZONIN(] COMMISSION SPECIAL MEETIN(~ I~INUTES MRS. DAMP (~UESTIONS TREE LIMBS ON PROPERTY. APPLICANT STATES HE HAS 2-4 EMPLOYEES MR. SHROYER STATES THER~ ARE SEVERAL LETTERS OF OBJECTIONS P%3BLIC HEARING OPENED AT 7:30 P.M. HARVEY MILLER 891 LAWSON STREET OBJ]~CTS DUE TO MANY VEHICLES ON THE PROPERTY EMI'LIE WASSET 641 LAWSON STREET NOT AGAINST GETTING A LICENSE IF EVERYTHING IS CLEAN AND WELL KEPT BUT NOT MR. MANESS OBJECTS TO REPAIR WORK ON SUNDAY NIGHTS AND DID HAVE SOMEONE LIVING IN THE GARAGE FOR AWHILE. ALSO OBJECTS TO THE CARS PARKED ACROSS THE STREET. BOB GOODINGS 642 LAWSON STREET WONDERFUL IF HE CAN COMPLY BUT DOES NOT SEE HIM DOING IT SAYS HASN~f DONE ANYTHING IN THE. LAST TWO WEEKS SINCE HE APPLIED SO HOW WILL HE COMPLY AFTER THE LICENSE IS ISSUED. BiLL LID~IS 632 LAWSON STREET OBJECTS TO TRASH ON TRUCKS, TWO TRUCKS, USE OF CHAIN SAW AT HOME, CHAIRMAN STATES THERE ARE 'FOUR LETTERS OF OBJECTION.- PUBLIC HEARIN(~ CLOSED 7:50 P.M. ATTORNEY MAKES SOME COMMENTS ON THE RULES AND REGULATIONs AND WHAT CAN AND CANNOT BE DONE. A MOTION TO APPROVE H.O.L. FOR 661 LAWSON STREET MANESS TREE SERVICE BY MR. SHROYER SECOND MR. FIRTION. A MOTION TO AMEND THE MOTION SO THAT APPLICANT IS APPROVED ONLY WITH ASSURANCES THAT BRUCE COOPER, DIRECTOR OF COMMUNITY DEVELOPMENT HAS BEEN SATISFIED THAT ALL CONDITIONS HAVE BEEN MET MADE BY MRS. KILKP, LLY SECOND MRS. DAMP PASSED 6-1 W/TH MRS. DAMP VOTING NO MAiN MOTION PASSED 5-2 WITH MRS. KILKELLY AND MR~ THOMPSON VOTING NO CONDITIONAL USE PERMIT -'PELICAN ISLAND KITE SHOP LESLIE HURST 1109 INDIAN RIVER DRIVE PUBLIC. HEARING OPENED 8:20 P.M. CLOSED 8:20 P.M. NO COMMENTS A MOTION TO~.APPROVE THE CONDITIONAL USE PERMIT FOR PELICAN ISLAND KITE SHOP WAS MADE BY MRS. KILKELLY SECOND MR. FISCHER 'PASSED UNANIMOUSLY. CONDITIONAL USE PERMIT SEABUG INC. VICKI RICHARDSON 1109 INDIAN RIVER DRIVE PUBLIC HEARING OP~NED 8:25 P.M. CLOSED 8:25 P.M. NO COMMENT A MOTION TO APPROVE" MADE BY MR. FISCHER SECOND MRS. KILKELLY PASSED UNANIMOUSLY. PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTES NOYEM~ER 5TH, .1992 RECESS CALLED AT 8:30 P.M. BACK AT 8;35 P.M. PAGE THREE CITY ATTORNEY MATTERS: SPEAKS ON RECENT COURT DECISIONSON PROCEDURES STATES BOARD MUST ACT AS QUASI JUDICIAL BOARD AND BURDEN OF PROOF IS ON THE APPLICANT THE ATTORNEY SPEAKS ON PROCEDURES AND WHAT THE BOARD CAN AND CANNOT DO - COPIES OF THE TAPE CAN .BE REQUESTED THROUGH THE CITY CLERKS OFFICE IF A VERBATIM IS REQUIRED. A MOTION TO EXTEND THE MEETING FOR 15 MINUTES FOR ADDITIONAL QU~. STIONS BY THE COMMISSION WAS MADE BY MRS. KILKELLY SECOND MRS. .DAMP - 2 OPPOSED - MEETING ADJOURNED AT 10 P.M. _ FORM 8B Mi=M-- ANDUM I NFU' -' 'OR COUNTY: MUNICI.P.A_L A~I ~AME FIRWI'NAME- MII)I)I.ENAME ' -- NAME OF ~ARD~~ oR CoMMi~E-' .. ~ F~scher, Carl Anthony ~AU.iN(] A6DRESS .... I THE BOARD ~UNCiI ~M~ISS~N AUTHOkI~ OR ~MMi~EE ON 1 WHJCH I SERVE B A UNIT OF: 523 Cross Creek Circle ~'I'Y COUN~ Sebastian, Fi. 32958 Indian River DATEO~WHICfiVOTE(~CURRED November 5th, 1992 :~ CITY ra COUNTY [] OTHER LOCAL AGENCY NAME OF"POI]TIC~: SUBDIVISION: MY POSIT~N IR [] ELECTIVE [l{ APPOINTIVE WHO MUST FiLE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committe- It applies equally to members of advisory and non-advisory bodies who are presented. with a voting conflict of interest under Section 112.3143, FlOrida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest Will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA 8TATUTi~ person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including t~he. parent organization or subsidiary of a corporate principal by which he is retained); to thc special private gain of a relative; or to thc special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-yore basis are not prohibited from voting 'in that. capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, fat ..~in~law, mother-in- law, son-in-law, and daughter-in-law. A %usincss associate" means any person or entity engaged in or Carrying ma a business enterprise with the officer as a partner, joint venturer, coowuer of property, or corporate sharehold~g.r (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you arc abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes, APPOINTED OFFICER&: Although you must abstain from voting in the situations described above, you otherwise may participate in..theag .,matters. However, you must disclose thc nature of the Conflict before making any attempt to influence thc decision, Whether 0~ll~t .or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETi:NG AT wHICH THE VOTE WLL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the'Person 'r~ponsible for recording the minutes of the meeting, who Will incorporate the form in the minutes.' ' ' ' A copy of the form must be provided immediately to thc other members of the agency. The form must be read publicly at the next meeting after the form is filed. CE FORM 8B - 10-91 PAGE IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETIN~, You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsib~ for ~n~eo~ling the minutes the. meeting, who must incorporate the form in the mi,utcs~ A copy of the form must be prov'glcd.'.,immedlately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Carl Anthony Fischer , hereby disclo~e that on ~v~mber 2_~th (a) A measure came or will come before my agency which (check one) inured to my special private gain; inured to the special gain of my business associate, YY inu~d to the special gain of my rehtive, gonny Posey inured to the special gain of whom i am retained; or inured to the special gain of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Mr. Kenny Posey is employed by a company in which my Brother and Through marriage is a Uncle. , by , which operates //--6-/qqT. Date Filed November 6th, 1992 Signature Carl Anthony Fischer NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 f1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION 1 SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM SB - 10-91 PAClE 2