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HomeMy WebLinkAbout12011994 PZ City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 o FAX (407) 589-5570 AGENDA PLANNING AND ZONING COMMISSION THURSDAY, DECEMBER 1, 1994 7:00 P.M. 2. 3. 4. CALL TO ORDKR, ROLL CALL, ANNOUNCEMENTS. APPROVAL OF MINUTES: Regular Meeting of November 3, 1994 OLD BUSINESS: HEW BUSXNESS~ Public Hearing - Home Occupational License - Michae! Hensley Lawn Care - 127 Capri Avenue Public Hearing - Home Occupational License - Fay's Feathery Friends - 1141 Clearbrook Street Recommendation to City Council - Amending the Land Development Code - Minor Subdivi.sions 7. CHAIRMAN MATTERS: 8. MEMBERS MATTERS: 9. ATTORNEY MATTERS: 10. BUILDING OFFICIAL NATTERS~ 11. ADJOURNMENT. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION HADE ON THE ABOVE NATTERS, 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 ANDEVIDENCE UPON WHICH APPEA~ 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 A~ERICANS WITH DISABILITIES ACT (A~.A), ANYONE WHO NEEDS SPECIAL ACCON~ODATIONS FOR THIS ~EETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407)'589'5330 AT LEAST 48 HOURS PRIOR TO THIS MEETING. CITY OF SEBASTIAN p~UqNiNG AND ZONING COMMISSION I~GU~ MEETING DECEMBER L 1994 Chairman Thompson opened the meeting at 7:03 P.M. ROLL CALL: PRESENT: Mr. Munsart Mr. Shroyer Chmn. Thompson Mr. Goldstein Mrs. Brantmeyer Mr. Barnes Mr. Fischer EXCUSED: Mr. Falke Mr. Schulke ALSO PRESENT: Bruce Cooper, Director of Community Development/Building Official Dorri Bosworth, Secretary ANNOUNCEMEHTS: Mrs. Brantmeyer will be voting in place of Mr. Falke at tonight's meeting. ~PPROVAL OF MXN~TES: Mr. Barnes makes a motion to approve the minutes of the regular meeting of November 3, 1994, as written. Mr. Fischer seconded the motion. Roll call was taken, the minutes were approved 7-0. QLD BUSXNESS: ~EWBUSXNESS: The two home occupational license hearings on the agenda are quasi- judicial matters. The applicants and Mr. Cooper are sworn in. ~V£D 7-0 PLANNING A~D ZONING COMMISSION REGULAR MEETING OF DECEMBER 1, 1994 PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - MICHAEL HENSLEY LAWN CARE The public hearing was opened at 7:05 P.M. The a~plicant, Michael Hensley, is present and states his address as being 127 Capri Avenue, Sebastian. 14 noti, objectic Staff s' storing long as trailer Mr. Hens time op~ small mc the pren There The pub] Mr. Bart for 127 operate~ =es of~ the Public hearing were sent out. There was n letter received and 0 non-objection letters. :ates the applicant has a utility trailer and will be it in his garage. Staff has no Objection to the license as the applicant adheres to the requirements of storing his inside or screening it outside. ley informs the Board this business will be a small part- ~ration. His utility trailer is 5' X 10' and holdS one ~wer and one large mower. No maintenance wilt be done on ises. s no public inpUt. ic hearing was closed at 7:11 P.M. .es made a motion to approve the home occupational license Capri Avenue for a lawn care and maintenanCe service by Michael Hensley. Mr. Fischer seconded the motion. Roll call was taken, 7-0 motion passed. PUBLICHE. ARiNG~HOME OCCUPATiONALLICENSE-FAY'S FEATHERYFRIENDS The public hearing is opened at 7:13 P.M. The applicant, Fay Baker, is present and states h~r address as 1141 ClearbrOok Street. She states her' bird breeding is more of a hobby, but to be able to a~Ply for a State license to sell birds at swap.meets, ~he needed this home occupational license. The birds are bred inside her home, not outside. 17 notices were sent out. There were 3 object,on letters received, and 0 n~n-ob]~ction letters.. TwO o~ the objection letters were from neighboring residents in Sebastian, i from out-of-state. Time is given to the applicant to read the objection letters. Mr. Coo~ the a~ depose! ~er states that there are implications from the letters that lican~ ~.s~.,in violation of an ordinance regarding junk states ~?'?!~3~~se application the appliCant cannot be r PLANNING AND ZONING COMMISSION PAGE THREE /00� REGULAR MEETING OF DECEMBER 1. 1994 in violation with any other code. Mr. Cooper asks Mrs. Baker to respond to this. His recommendation to the Board will be to postpone the approval and allow an inspection to make sure there are no code violations. Mr. Cooper has questions regarding the business. He asks how long this has been a hobby and what type of birds does Mrs. Baker breed? Mrs. Baker states she has had her birds a little over a year. She tends to have the smaller breed of birds. She does not have the large Macaws.. All the birds are kept in one room of her house. She also states they just moved into this house and are having a pool built. This accounts for some of the debris and mud around the residence. Mrs. Baker moved to Sebastian from the Keys in July. She has 20-25 cages with approximately 100 birds. Mr. Cooper reviews that this has been a hobby for Mrs. Baker and presently there has not been any complaints concerning the birds, so the Bakers must be caring for the birds properly, and there has not been a noise problem. He asks Mrs. Baker what she envisions for the future if she gets her State license? Mrs. Baker states she sees no real changes. She just wants to be 1�1 able to go to swap meets, and receive a discount on feed, which she can get with a State license. The State license application required a notarized letter from the City stating it was legal for her to have the birds in her home. Mr. Cooper asks if the applicant plans to do any advertising or showing of the birds at her home? Mrs. Baker states no. Mr. Cooper asks if they plan to expand the birds to any other room in the house. Again Mrs. Baker states no. Mr. Cooper asks the applicant if there should be any concern with what they read in the objection letters? Mr. Baker (spouse) states most of the debris is from the.building of the swimming pool. The flower pots laying around the property are to be landscaping for around the pool. There are two trailers in the back yard. One is a motorcycle on a trailer bed. Mr. Cooper states that is allowed. He suggests to the Chairman that the Board can make an approval for the license subject to an inspection, instead of holding off the vote until an inspection is done. Mrs. Baker states she loves her birds, and she does not want to upset any of her neighbors. But if she has to, she would move to keep her birds. Staff has no objections, conditional to an inspection. s PLANNING AND ZONING COMMISSION PAGE FOUR REGULAR MEETING OF DECEMBER 1, 1994 /001� The public hearing was closed at 7:23 P.M. Mr. Thompson remembers City Council, a few months ago, had a discussion regarding animals and the current ordinances. He questions staff if anything came of that meeting and any new amendments? Mr. Cooper states there was a new ordinance, not yet codified, regarding animals. It mostly addressed outdoor animals, e.g. pigeons, chickens, etc. Mr. Fischer questions the size and kind of birds again. Mr. Baker states they have small parrots, finches, and cockatiels. The cockatiels are the largest birds and they have about 15 of them. Mr. Barnes asks the square footage of the house. Mr. Baker states 2300 sq. feet. Mr. Barnes states the home occupational requirements allow for 20% of the residence to be used for a home business. The room where the birds are kept is 396 sq. feet. Mr. Cooper states that with a 2300 sq. foot house, they would be allowed 460 sq. feet for their business. Mr. Barnes reviews that the square footage does not include garage and open porches. If the approval is conditional, he would like to see the square footage checked also. Mr. Cooper questions the screened porch area Mrs. Baker mentioned she uses as a quarantine room. Mrs. Baker states she only uses 3 or 4 cages at a time only when its needed. The birds have to be in a separate room when sick. Mr. Cooper states the code does say 205 of floor area, and if only a few cages are stored in there for a short time, it would be OK. Mr. Goldstein asks how old the birds are and how old are they when they are sold? Mrs. Baker states her birds are mostly under a year old. The older birds are used for breeding. The babies are sold when they are 1 to 2 months old. Mr. Goldstein asks a question regarding Subsection 5 of the home occupational license application. It allows for 100 sq. feet for storage of inventory. He feels part of the 396 sq. foot room where the birds and cages are kept has to be partly used for inventory. Feed and the birds for sale would have to be considered inventory. f4ob� PLANNING AND ZONING COMM~S~S~..ON REGULAR MEETING OF_....DECEMBER 1,' I994 PAGE FI~E Mr. Baker states the birds for sale are kept in a cage also, and there are only 2 or 3 baby birds at a time to 'sell, usually once or twice a year. The feed is kept in two 55 gallon drums in the same room. Mr. Cooper asks for clarification on approximately how many birds do they think they will be selling in a year. The Bakers estimate the most birds they could sell would be 18 a year. Mr. Cooper reminds the Board of a similar scenario involving a man who put together fishing lures for fly fishing as his hobby. When he accumulated so many, every so often he would sell them at the swap markets. The attorney at that time opined it was just a hobby and a home occupational license was not needed. Mr. Cooper feels this application is similar in nature. His concern is the amount of birds the Bakers have. Mr. Baker addresses a concern raised in one of the objection letters regarding fecal matter. He states all the cages are lined with newspaper, changed daily, and brought to the dump. Mr. Goldstein agrees with Mr. Cooper that this seems like more of a hobby for the Baker's than a business endeavor. However, he is concerned with the next home occupational applicant who comes in with 100 larger birds and wants to sell 50 birds a year. The Baker's review has shown deficiencies in the code regarding kennel provisions. He would like to discuss this later in the meeting. Mr. Shroyer states he has a son also into bird breeding and knows first hand what the Bakers are involved in. It is his opinion the bird breeding is more of a hobby and it shouldn't require a home occupational license. He would vote against granting a license solely because he believes this is a hobby. Mr. Munsart is concerned with the objections raised in the 2 letters from neighbors. They were answered with the explanation of the pool being built, but he is still worried with the health implications in the neighborhood and surrounding area with the operation and the large number of birds. He feels this type of operation doesn't belong in a residential area. He thinks the birds will tend to spread disease, unless they are under constant supervision of a veterinarian. Snakes shouldn't be a problem as long as the applicant properly disposes of the fecal matter. Mrs. Brantmeyer inquires as to how much noise the birds generate? Mrs. Baker states she has asked all the neighbors to let her know if the noise from the birds becomes a problem. She does not like loud noises herself and would not enjoy the birds if they were too noisy. PLANNING AND ZONING COMMISSION REGULAR~MEETING OF DECEMBER 1. 1994 PAG~ SIX 'Mrs. Br~ntmeyer has no objection'to the license as long as there is a condi~'.ion put on the inspection regarding noise level. Mr. Fischer makes a motion to approve the home occupational license for Fay's Feathery Friends at 1141 Clearbrook Street, Sebastian, Lots 22 & 23, Block 238, Unit 10, with a condition on staff inspectJ.ng said property for any code violations. Mrs. Brantmeyer secondec the motion.~ Mr. Shr0yer again states he feels this is a hobby, and not a business. He .feels the others are not aware of the time a. nd .care used fo~ raising birds. People do not take cha. nces on their birds and the~are usually given.quality care by .their.owners.. He feels the Bakers do not need a license from the Clty, lust a letter. If they need a license to get their State license, he'll agree to it. Roll call was taken: Mrs. Brantmeyer YES Mr. Barnes YES Mr. Fischer YES Mr. Munsart NO Mr. Shroyer YES Mr. ThOmpson YES Mr. Goldstein YES  MOtion passed 6-1. Mr. Coo~er stat~s for clarification that the State does not require a home Occupational. license, lust a~letter from the City signing off the zoning'requirements are met. Mr. Bar] states E this ap] this ma license approva] RECOMME! CODE RE4 The me~ Section Divisio] Mr. Coo' Commiss~ Acres, subdivil improvel ~es asks when does a hobby become a business? Mr. Cooper ~ach situation should be look at individually and that's why )lication was brought before them. He is going to bring ~ter to the attorney for his opinion, if he opines no is needed, the City will give Mrs. Baker Just a letter of rDATZON TO CZTY COUNCIL -AMENDMENTTOTHE LAND DEVELOPMENT ~ARDING MINOR SUBDIVISIONS )ers received a copy of a proposed amendment to Article XVI, 20A-16.1, Applicability and Procedures regarding the of Land. .er reviews the concerns of both the Planning and Zoning .on and City Council of any further subdividing of Sebastian a recent approved minor subdivision plat, A minor ~ion is 4 lots or less that does not require any ,ents off-site. The concern is that very large lots may be PLANNING AND ZONING~COMMISSION REGULAR MEETING OF DECEMBER 1, subdivided again into minor subdivision plats, skirting the requirements of a major subdivision. The proposed amendment disallows further subdivision of minor subdivision plats without meeting the requirements of the major subdivision requirements. Mr. Thompson feels this amendment takes care of the concerns over drainage the Board had on the Sebastian Acres application and votes to recommend this change to City CoUncil. Mr. Munsart questions the change proposed as an added NOTE to the Section. He feels the amendment would be more forceful if added as a second paragraph. Mr. Cooper states it can be changed to paragraphs la) and lb). Mr. Barnes makes a motion to recommend to City Council the proposed amendment to Section 20A-16.1 as subsection lb., allowing no further subdivision of minor subdivision plats without meeting the requirements of major subdivision applicability. Mr. Goldstein seconded the motion. Roi1 call was taken, 7-0 motion passed. MEMBER MATTERS: Mr. Goldstein raised a point regarding the definition of kennels- commercial on page 829 (of the Land Dev. Code). He proposes to add the word "breeding" in the definition of a commercial kennel. He feels Planning and Zoning should recommend to City Council to amend that definition so the Board will have better guidelines for the next applicant who applies to breed, say, 50 large parrots. Mrs. Brantmeyer feels it should say "birds" in particular because someone could breed cats and dogs too. Mr. Shroyer suggests the word "aviary" be added. Kennels refer to domestic animals. Birds are not considered domestic. Mr. Goldstein feels a line has concerning hobbies and kennels, specific regarding birds. been drawn for dogs and cats and the code should be more Mr. Cooper agrees, but states adding the word "breeding" to the code needs to be thought out more thoroughly. Staff will request to receive information from the League of Cities on various codes other cities may have regarding bird breeding and aviaries. Mr. Barnes inquires on a previous discussion the Board had a while back on amending the ordinance regarding truck parking in residential areas, especially tow trucks. ~LANNIN~ AND ZONING COMMISSION REGULAR MEETING OF DECEMBER 1, 1994 PAGEEIGHT Mr. Cooper states p. age 336 of the Land Dev. Code, .Section 20A- 5.16.1, Icovers parking of large trucks and heavy equipment. _ Mr. Shroyer inquires on the status of the proposed accessory structure amendments. Mr. Coo changes any met harmonic structu~ allowed Mrs. Bz Decembe] per states he should be ready to present the proposed at the next meeting. The generals of the change are: 1) ml typ~ building should be limited to 160 sq. feet, 2) ~us design of the accessory structures with the principal ~e, 3) garage door height, 4) detached structures only behind the front house line. antmeyer and Mr. Barnes asked to be excused from the 15, 1994 meeting. The meeting is adjourned at 8:12 P.'M.