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HomeMy WebLinkAbout11021983mINUTES OF PUBLIC HEARING CITY OF SEBASTIAN NOVEMBER 2, 1983 PUBLIC HEARING OFTHE CITY OF SEBASTIAN, CITY COUNCIL WAS CALLED TO ORDER BY MAYOR PAT FLOOD, JR., AT 7':00 P.M. PRESENT: VICE MAYOR ROBERT FITZMAURICE COUNCILMAN RICHARD SZELUGA COUNCILWOMAN DOROTHY MCKINLEY COUNCILMAN JAMES GALLAGHER CITY ATTORNEY DANIEL KILBRIDE MAYOR PAT FLOOD, JR. MINUTES: PUBLIC HEARING NOVEMBER 2, 1983 THE CITY CLERK READ THE NOTICE OF PUBLIC HEARING AS IT APPEARED IN THE VERO BEACH PRESS JOURNAL, OCTOBER 23, 1983, TO CONSIDER THE RENEWAL APPLICATION OF MODEL/HOME PERMIT - WILLIAM BALLOUGH (LOT 24, BLOCK 184, UNIT 8, SEBASTIAN HIGHLANDS) DANIEL BLAIR, BUILDING OFFICIAL, REPORTED THAT UPON INSPECTION OF MR. BALLOUGH/ AMERON HOMES/MODEL HOME, A NOTICE OF VIOLATION WAS ISSUED TO MR. BALLOUGH, SINCE THE GARAGE AREA WAS FURNISHED WITH A TABLE, TELEPHONE, DISPLAY RACKS, CARPETING AND A GARAGE DOOR WHICH DIDN'T OPEN. MR. BLAIR READ INTO THE RECORD A LETTER DATED 9/29/83 ADDRESSED TO MR. BALLOUGH STATING IN GENERAL WHAT SECTION OF THE CITY CODE HE WAS VIOLATING AND A LETTER DATED 11/1/83 OUTLINING SPECIFICALLY WHY HE WAS IN VIOLATION. MR. RENE VAN DEVOORDE, LE PR~S I R MR. BALLOUGH, INDICATED THAT THE PORTION OF THE ORDINANCE ~UOI~L~ BY MR. BLA~ /HAS NOT BEEN ADOPTED BY THE CITY COUNCIL AND THAT THE ORDINAIICE DO~S ~LLOW ~0~ A MODEL HOME TO BE USED FOR DISPLAY DISPLAY AND THAT THE APPEA ~__~ OF TEE GAR~'SD~b' INTERIOR WAS ANOTHER QUESTION. MUCH DISCUSSION FOLLOWED REGARDING THE GARAGE NOT BEING OPERABLE OR FUNCTIONAL AS SHOWN ON THE ORIGINAL BLUE PRIN~ [._J CITY ATTORNEY DANIEL KILBRIDE, EYFLAI.VE~ THAT THE ORIGINAL INTENT OF THE MODEL HOME ORDINANCE WAS TO PROHIBIT THE USB OF A ~fODEL HOME AS A REAL ESTATE OFFICE OR ANY OTHER TYPE OF COMMERCIAL OFFICE~Wd~E~ r~E MODEL IS LOCATED IN A RESIDENTIAL DISTRICT. HE STATED THAT THERE IS A PROBLk'~J~IT_~THE LANGUAGE "FOR DISPLAY PURPOSES" IN THE ORDINANCE, BUT THAT WE DO HAVE TO LOOK AT THE INTENT, WHICH PROHIBITS THE USE OF A C0UNCILMAN\SX LU A A i THA ?HE M D tLI\ M BEING USED, FOR VICE MAYOR ZV..L M URZlC Tq _J T 4T MJ_. AD PROB__ EUI _I Wt_ AND IN HIS OPINION THAT IT PossIBLY IS BEING USED AS AN OFFICE. COUNCILMAN GALLAGHER WAS OF THE OPINION THAT WE EITHER TIGHTEN THE MODEL HOME ORDINANCE OR ALLOW THE FUNCTION OF THE GARAGE TO REMAIN AS IT IS. HE DID NOT FEEL MR. BALLOUGH WAS AT FAULT AT THIS TIME. COUNCILMAN GALLAGHER SUGGESTED THAT THE WORDS "OPERABLE" AND "FUNCTIONAL" BE SPECIFICALLY CLARIFIED IN THE ORDINANCE BEFORE WE CAN UPHOLD THIS CASE TONIGHT. COUNCILWOMAN MCKINLEY STATED THAT SHE WAS OF THE OPINION THAT THE GARAGE SHOULD BE PART OF A BUILDING WHEREBY A VEHICLE CAN BE DRIVEN INTO AND THAT MR. BALLOUGH IS IN VIOLATION. MAYOR FLOOD AGREED WITH MR. BLAIR BUT ALSO FELT THAT THE ORDINANCE IS VAGUE. HE RECOMMENDED THAT MR. BALLOUGH BE ALLOWED TO CONTINUE OPERATING FOR 90 DAYS UNTIL THE ORDINANCE IS CLARIFIED AND THAT NO OTHER SPECIAL USE PERMITS BE ISSUED UNTIL THE ORDINANCE IS REVISED. JIM HARRIS, GENERAL CONTRACTOR, STATED THAT MAYOR FLOOD'S RECOMMENDATION WOULD BE CONDEMNING OTHER CONTRACTORS WANTING MODEL HOME PERMITS. MAYOR FLOOD STATED THAT HE WOULD LIKE TO SEE THE REVISION MADE WITHIN 30 DAYS AND HOPED THAT WE WOULD HAVE THE INPUT FROM CONTRACTORS IN REVISING THE ORDINANCE. MOTION BY COUNCILMAN SZELUGA, SECONDED BY COUNCILMAN GALLAGHER, THAT MR. BALLOUGH BE PERMITTED TO CONTINUE HIS OPERATION FOR A MODEL HOME AND THAT ALL OTHER MODEL HOME PERMITS NOT BE GRANTED UNTIL SUCH TIME THIS COUNCIL CAN HAVE THE MODEL HOME ORDINANCE 202~S REVISED AND AMENDMENT TO BE MORE SPECIFIC IN THEIR REQUIREMENTS FOR MODEL HOME PERMITS. ATTORNEY KILBRIDE STATED THAT A MODEL HOME IS A ~PECIAL PERMIT AND SHOULD NOT EXCEED A ONE YEAR PERIOD AND MR. BALLOUGH'S PERMIT HAS EXPIRED AND NEEDS TO BE RENEWED. HE RECOMMENDED THAT A TIME PERIOD BE SET IN ORDER TO MEET THE REQUIREMENTS OF THE ORDINANCE. MAYOR FLOOD RECOMMENDED THAT THE TIME PERIOD BE EXTENDED TO 90 DAYS. MINUTES: PUBLIC HEARING NOVEMBER 2, 1983 MOTION AMENDED BY COUNCILMAN SZELUGA, SECONDED BY COUNCILMAN GALLAGHER, BY HAVING AN ADENDUM NOT TO EXCEED 90 DAYS FROM THE DATE. ROLL CALL VOTE: A YES: VICE MAYOR FITZMAURICE COUNCILMAN SZELUGA COUNCILWOMAN MCKINLEY COUNCILMAN GALLAGHER MAYOR FLOOD NAYS: NONE MOTION CARRIED. THERE BEING NO FURTHER DISCUSSION, PUBLIC HEARING CLOSED: 9:48 P.M. CITY CLERK MAYOR MINUTES APPROVED AT REGULAR COUNCIL MEETING ON DECEMBER 21, 1983.