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Home My WebLink About03-03-2005 PZ Minutes CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING MARCH 3, 2005 Chairman Smith called the meeting to order at 7:00 P.M. The Pledge of Allegiance was said. APPROVED SUBJECT ROLL CALL: PRESENT: Mr. Mahoney Mr. Seeley Mr. AIIocco Mr. Keough Chmn. Smith Mr. Simmons (a) Mr. Paul Mr. Oakes (a) EXCUSED: Mr. Faille Mr. Hughes, School Board Representative ALSO PRESENT: Tracy Hass, Director, Growth Management Department Jan King, Manager, Growth Management Department Susan Lorusso, Secretary Richard Stringer, City Attorney Vice Mayor Joe Barczyk ANNOUNCEMENTS: Mr. Faille is excused and Mr. Oakes will be voting. Mr. Hughes is also excused. APPROVAL OF MINUTES: 2/17/05 MOTION by Paul/Seeley to approve the minutes of 2/17/05. A voice vote was taken. Motion carried unanimously. NEW BUSINESS: QUASI-JUDICIAL PUBLIC HEARING - CONDITIONAL USE PERMIT - MODELHOME RENEWAL - DOUG SCOTT CUSTOM HOMES - ADVANCED CUSTOM CARPENTRY, INC,- 1859 BARBER STREET Chmn. Smith opened the hearing at 7:03 p.m. Ms. King reported that this is a renewal and there have been no complaints or violations at this site. Staff recommends approval for one year. Mr. Paul asked about the handicap parking issue and Ms. King said code enforcement has been informed and they have contacted all the model home businesses to provide a handicap space. No one spoke from the public. The hearing was closed at 7:07 p.m. MOTION by AIIocco/Oakes to approve the one-year conditional use permit renewal for Doug Scott Custom Homes, Advanced Custom Carpentry, Inc. model home at 1859 Barber Street. PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF MARCH 3, 2005 ROLL CALL: Mr. AIIo¢co yes Mr. Mahoney yes Chmn. Smith yes Mr. Keough yes Mr. Seeley yes Mr. Paul yes Mr. Oakes yes The vote was 7-0. Motion passed, QUASI-JUDICIAL PUBLIC HEARING -WAIVERS OF LAND DEVELOPMENT CODE SECTIONS - THOMAS SIGN & AWNING CO., INC, IN REGARDS TO ADVANCE AUTO PARTS, 949 U.S. HIGHWAY 1 - SECTIONS: 54-4- 21.A.5.(b).(4); 54-4-21.A.5.(f); 54-4-21.A.S.(b); 54-4-21,A.8.(d).(t); 54-4- 21.A.8.(e).(2); AND 54-4-21.A.8.(g).(2).(a) Chmn. Smith opened the hearing at 7:08 p.m. and swore in staff, applicant and people wishing to speak. Mr. Gregory Davis of Thomas Sign & Awning, Clearwater, Florida presented the application. He explained that the sign is only the yellow channel letters with a red flag pole and checkered flag. He gave Mr. Stringer a copy of the State of Florida mark registration for Advance Auto Pads colors and lettering. Mr. Davis said after he revised the original sign application to meet the city's codes, he was directed by Advance Auto Parts to submit the application with their registered yellow and red colors. Ms. King said the original building permit was generally stated for repair and replacement due to hurricane damage. She has worked with Mr. Davis in trying to remedy this situation but Advance Auto Parts were specific in their design. As waivers are offered in the code for overlay districts, Mr. Davis was instructed by Advance Auto Parts to apply for waivers in order to have the sign with the registered mark design and colors. There was discussion about what part of the design was actually considered the sign for the purpose of measurements. Since the registered mark specifically states, "Advance Auto Pads and design of stylized words in single line format colored yellow, followed by yellow flagpole and black and white checkered flag, all on red background" Mr. Stringer said the red should be part of the sign calculation. The following people spoke: Donna Keys, 1013 U.S. Highway 1, Sebastian, read a statement written by Adam Preuss of 938 U.S. Highway 1, Sebastian, who is opposed to granting the waivers. Ms. Keys offered her opinion also in opposition to the waivers. Louise Kautenberg, Sebastian, identified herself as a member of the Community Redevelopment Advisory Committee but stated that her comments are not representative of the committee. She also opposed the granting of the waivers as other businesses in the River[font District have complied with the code and felt Advance Auto Parts should also comply. David Hessler, 990 U.S. Highway 1, Sebastian, expressed his opposition to granting the waivers. 2 PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF MARCH 3, 2005 Mr. Stringer advised the commission to vote on each section separately. Mr. Hass said staff recommends approval of Section 54-4-21 .A.5.(f) and denial of all others. The hearing was closed at 8:20 p.m. Mr. Stringer advised the commission if a motion to deny is made, a yes vote is for denial. MOTION by Paul/AIIocco to deny a waiver of LDC Section 54-4-21 .A.5.(b).(4). ROLL CALL: Mr. Keough yes Mr. Mahoney yes Chmn Smith yes Mr. Paul yes Mr. Seeley yes Mr. Oakes yes Mr. AIIocco yes The vote was 7-0. Motion to deny was carried. MOTION by Paul/Smith to approve a waiver of LDC Section 54-4-21.A.5.(f) ROLL CALL: Mr. Mahoney yes Chmn Smith no Mr. AIIocco no Mr. Seeley no Mr. Oakes no Mr. Keough no Mr. Paul yes The vote was 2-5. Motion defeated. MOTION by Paul/AIIocco to deny LDC Section 54-4-21.A.6.(b) ROLL CALL: Mr. AIIocco yes Chmn Smith yes Mr. Keough yes Mr. Mahoney yes Mr. Seeley yes Mr. Paul yes Mr. Oakes yes The vote was 7-0. Motion to deny was carried. MOTION by Seeley/Keough to deny LDC Sections 54-4-21 .A.8.(d).(1) and 54-4- 21 .A.8.(e).(2) and 54-4-21 .A.8.(g).(2).(a) ROLL CALL: Mr. AIIocco yes Mr. Paul yes Chmn Smith . yes Mr. Mahoney yes Mr. Seeley yes Mr. Oakes yes Mr. Keough yes The vote was 7-0. Motion to deny was carried. CHAIRMAN MA'ri'ERS: NONE MEMBER MATTERS: 3 PLANNING AND ZONING COMMISSION MINUTES OF SPECIAL MEETING OF MARCH 3, 2005 Mr. AIIocco asked how the situation with Advance Auto came about. Mr. Hass explained that they had applied for a building permit for hurricane repair and when the installation of the new panels started, staff investigated. Mr. AIIocco commended Ms. King and Mr. Hass on an excellent job with this matter. Chmn. Smith and Mr. Seeley also expressed their appreciation and complimented staff. Mr. Hass and Ms. King thanked the commissioners for their kind words. DIRECTOR MA'rFERS: Mr. Hass updated the commission on the progress of the Comprehensive Plan revisions. ATTORNEY MATTERS: Mr. Stringer answered the commission's question regarding approval of waivers. He said it had been transferred to City Council but in the revision of the Land Development Code a few years ago, it was put back under Planning and Zoning authority. He added that the waiver is for the overlay district only. Chmn Smith adjourned the meeting at 8:50 p.m. (3107/05 SBL) 4