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HomeMy WebLinkAbout10-04-2018 PZ Minutes1 2 9 El CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OCTOBER 4, 2018 Call to Order -- Chairperson Kautenburg called the meeting to order at 6:00 Pledae of Alleaiance was recited by all. Roll Call Present: Mr. Roth Mr. Simmons (a) Ms. Kautenburg Mr. Carter Not Present: Mr. Reyes -- Excused Mr. Mauti -- Excused Mr. Qizilbash Mr. Hughan Mr. Alvarez Also Present: Ms. Dorri Bosworth, Planner Ms. Janet Graham, Technical Writer Mr. James Stokes, City Attorney 0 0C C_ •C N c �E n. E CU NO C C (D O CD N Ms. Dale Simchick, Indian River County School Board, was not present. Announcements and/or Aaenda Modifications -- A. Ms. Bosworth stated that since Mr. Reyes is absent, Mr. Simmons (a) will be voting in his place. B. Regarding the Agenda, New Business, Paragraph A, motion was made by Mr. Carter, seconded by Mr. Simmons, and approved unanimously by voice vote to amend the Agenda, deleting the inadvertently listed agenda item showing the project location as 480 Concha Drive and changing the location to 409 Warren Street, Lots 2 and 3, Block 77, Sebastian Highlands Unit 02, 821 square foot garage for Colleen D'Angelo. 5. ADoroval of Minutes A. Regular Meeting of July 19, 2018 Ms. Kautenburg asked for any additions or corrections to the Minutes as presented. Hearing none, she asked for a motion to accept the Minutes. A motion to accept the Minutes as presented was made by Mr. Roth, seconded by Mr. Carter, and approved PLANNING AND ZONING COMMISSION PAGE 2 MINUTES OF REGULAR MEETING OF OCTOBER 4, 2018 unanimously by voice vote. 6. Quasi -Judicial and Public Hearinas -- None. 7. Unfinished Business -- None. 8. Public Input -- None. 9. New Business A. Accessory Structure Review -- 409 Warren Street -- 821 SF Garage — Colleen D'Angelo. Clay Wick, on behalf of Thompson's Remodeling and the owner, Colleen D'Angelo, 409 Warren Street, Sebastian, FL. He described the project as a garage for additional storage on the north side of the property. With the addition of the structure, all landscaping and other guidelines will be followed. Along the front of the proposed structure they are proposing a covered porch area. An abandonment of easement has been completed, and they are now asking for approval of the project. Ms. Bosworth stated that the house was originally built without a garage and at some point there was a one -car garage built on the opposite side of the house, which meets the requirement of a one -car garage per the zoning district. The 821 square feet addition is just the attached garage; it does not include the porch in front. There was a gopher tortoise located on the vacant lot. According to Fish and Wildlife, a permit is not needed to relocate that gopher tortoise, but they have required protection of the burrow, and Thompson Remodeling has stated they will have that in place before the construction takes place. Regarding the landscape requirements, Ms. Bosworth stated there will be another eight trees needed and 15 hedge plants to be planted around the new accessory structure. There has been a final Planning and Zoning inspection added to the permit, and staff will verify that that landscaping has been implemented before there is a certificate of completion. Staff recommends approval of the project. Ms. Kautenburg called for questions from the Commission. PLANNING AND ZONING COMMISSION PAGE 3 MINUTES OF REGULAR MEETING OF OCTOBER 4. 2018 Mr. Simmons inquired if this would just be residential storage as opposed to commercial storage. Mr. Wick stated it would be just for residential -type items. Mr. Hughan inquired if the wall for the addition will be flush with the wall of the house, and Mr. Wick stated yes. Mr. Qizilbash: • Stated the plan states it will be a separate wall. Mr. Wick described it as a separate block wall that will be attached to the house. The contractor is following the engineer's recommendations regarding attachment of the wall for the addition to the wall of the existing house. The addition will have the same roofline elevation as the house. • Queried if the egress code will be met once the addition is completed. Mr. Wick stated yes. • Asked if the large trees at the back of the house will remain, and Mr. Wick stated they would. Mr. Roth: • Inquired as to the electric voltage that would be in the addition, and Mr. Wick stated it would be 110. • Inquired about the roof for the new structure, and Mr. Wick stated the roof addition will meet all of today's Code standards. • Asked if the electrical pole in the back of the property will have to be moved. Mr. Wick stated it would not. • Asked about the exterior finish, and Mr. Wick stated the current finish on the house is stucco, and the addition will have the same finish. Ms. Bosworth clarified that the house exterior is presently stucco, although that does not show on the drawings. Ms. Kautenburg called for a motion. A motion was made by Mr. Carter, seconded by Mr. Roth to approve addition of the 821 square foot attached garage at 409 Warren Street, Lots 2 and 3, Block 77 Sebastian Highlands, Unit 02 with the condition of planting of eight trees and 15 foundation plantings. ROLL CALL: Mr. Hughan -- Yes Ms. Kautenburg -- Yes Mr. Simmons (a) -- Yes Mr. Qizilbash -- Yes Mr. Roth -- Yes Mr. Alvarez -- Yes Mr. Carter -- Yes B. Discussion -- Land Development Code Amendment to Section 54-2-7.7 Walls and Fences PLANNING AND ZONING COMMISSION PAGE 4 MINUTES OF REGULAR MEETING OF OCTOBER 4, 2018 Ms. Bosworth reviewed that over the last several years staff has had several applications for variances regarding relief of the height of fences that is permitted under the Code, that being six feet, and she recalls that all those variances were granted. Council then suggested that we might need to look at the Code. Staff has provided the Committee with copies of the applicable section of the Code. She stated it has been suggested that the City go ahead and allow eight -foot fences outright or, alternatively, the Code could be set up so that staff can grant administrative variances on a case -by -case basis to allow for a change in the height of a fence, and the request would not have to go before the Board of Adjustment. Consideration should then also be given that, if the Code is changed to eight feet, how those people proceed who already have six-foot fences and want to change their fences so that they are eight feet high. She also addressed the subject of secondary front yards, particularly as to corner lots. These homeowners are restricted as to where a six-foot fence can be placed. Presently, the setback on secondary front yards is 20 feet. Staff would like to suggest discussion of possibly changing that setback for fences only to 10 feet. Another subject for consideration is where a property owner puts a fence in an area where there is an easement for utilities, etc. They are now required to sign an affidavit that states they are aware they are putting a fence in an easement and that the fence may have to be removed if any of the entities that use that easement require it. Staff is now going to request that that document be recorded so that future owners are aware of that condition. Ms. Bosworth stated that staff has already advertised for the next meeting on October 18"', and staff would like to have Committee's comments and/or suggestions before implementing any changes to the Ordinance. Ms. Kautenburg called for questions/comments from the Commission. Mr. Alvarez agrees with allowing administrative variances rather than amending the Code to allow eight -foot fences. Ms. Bosworth stated that staff would set certain criteria for granting the individual variances regarding the finished floor elevation, since many of the newer homes sit higher than their property boundary lines. Mr. Simmons inquired if No. 7 on page LDC7:6 (SEE ATTACHED) would stay the same. Ms. Bosworth stated No. (b) (1) would be the section that applies to the height of fences, and there may be a subsection needed for that paragraph. She also pointed out PLANNING AND ZONING COMMISSION PAGE 5 MINUTES OF REGULAR MEETING OF OCTOBER 4, 2018 subparagraph (2) in that same section describes all the lots and blocks that are exceptions to height regulations for walls and fences, which are all adjacent to County Road 512. Mr. Roth stated he is not in favor of changing the Code to allow eight -foot fences and is in favor of allowing eight -foot fences after administrative review on a case -by -case basis. Ms. Kautenburg: • Inquired as to how many variances have been requested in the last year. Ms. Bosworth stated there were three this year and a couple last year. Ms. Kautenburg stated she is not in favor of eight -foot fences and agrees with Mr. Roth regarding administrative variances. She agrees with the 10-foot setbacks for secondary front yards. Ms. Bosworth stated that the 10-foot setbacks for side yards would not be addressed by administrative variances but would require a change in the Code to designate where a six-foot fence could be installed on a secondary front yard. She described that the setbacks for secondary side yards are now 20 feet. Mr. Hughan: • Asked for clarification on how the height of the fence is measured from ground level. Ms. Bosworth said the highest point of the ground directly under where the fence will be situated is used. • Is in favor of administrative variances on a case -by -case basis. Mr. Qizilbash: • Agrees that administrative variances be granted on individual bases. • Regarding secondary front yards, he is in favor of the setbacks remaining at 20 feet. Mr. Carter: Is in favor of the Code remaining at the six-foot height for fences with administrative variances granted on individual bases. Favors recording the affidavits regarding fences on easements. Favors 20-foot setbacks for secondary side yards. Ms. Bosworth addressed the subject of which side of a fence should face the street or the neighboring property. Mr. Hughan suggested on corner lots the "finished" side of the fence should face the street, and for other lots it should be up to the homeowner, and that was the consensus of the Committee members. Ms. Bosworth related that a paragraph should be added to the variance that, if a property owner with an existing six-foot fence applies for a variance, a two -foot panel could be PLANNING AND ZONING COMMISSION PAGE 6 MINUTES OF REGULAR MEETING OF OCTOBER 4, 2018 added, but that panel would have to match the material of the original six-foot fence. Ms. Bosworth also asked for clarification of a consensus on the setbacks for secondary side yards, and it was the consensus of the Committee that the 20-foot setback be retained. 10. Commissioners Matters Mr. Carter inquired as to the schedule for work that is to be done on Indian River Drive. Ms. Bosworth stated there will be some work started soon, because it is hoped it will be done before the Clambake. There will be resurfacing work on the part of Indian River Drive that is in the City, and there will also be crosswalks added. Mr. Roth: • Inquired as to the status of the old railroad station that was brought in. Ms. Bosworth stated the owner has tied in to sewer, and the other work will be beginning soon. She checked with the building official, and he is satisfied with what has been permitted so far. • Inquired about the proposed railroad bridge across the inlet, and Ms. Bosworth said she has no information regarding that. • Inquired whether the City is still permitting new houses to install septic. Ms. Bosworth stated that until sewer is available, homeowners are permitted to install septic, but if sewer is available in the area, the homeowners must tie into the sewer line. Ms. Frazier is working on grants regarding sewage. She further stated that all the new subdivisions in the City will have to have City water and sewer. Mr. Simmons asked about developments addressed in the past and their status. Mr. Alvarez brought up the subject of the downtown revitalization project. Ms. Bosworth stated she had that listed under Staff Matters. 11. City Attornev Matters -- None. 12. Staff Matters: Ms. Bosworth stated there has been a market assessment completed for the riverfront, of which she provided a copy to each Committee member. The master draft of the CRA plan has been finalized, and there is to be a meeting with staff to review that. When that has been done, it will come before this Committee. PLANNING AND ZONING COMMISSION PAGE 7 MINUTES OF REGULAR MEETING OF OCTOBER 4, 2018 She also announced that on September 12t' the Vacation Rental Ordinance was approved, and there have been several calls on that already. The Building Department is completing the permit checklist, and when that is completed the packet will be ready. She reviewed what is required in order to get the business tax receipt. The owners will have until December 3151 to get registered with the City. Ms. Bosworth stated staff has made an interpretation of a section of the Code where a question has come up about businesses who set sales tables outside of their front doors. In the Riverfront overlay and the 512 overlay —any of the overlays —"outside displays" have to be approved by the Planning and Zoning Commission. Based on the definition of "outside storage," staff has made the interpretation that items kept outdoors in a roofed area for less than 24 hours would not be considered an outdoor display and would not have to come before the Committee for approval in the overlay districts. Therefore, merchandise, etc. displayed outdoors, as long as it does not impede sidewalks and is brought in at night, is permitted. 13. Adjourn -- Ms. Kautenburg called for any further business. Hearing none, she adjourned the meeting at 7:13 p.m. 19