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Home My WebLink About04202006 PZ CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION Mr. Paul called the meeting to order at 7:00P.M. ~' ...) I " MINUTES OF REGULAR MEETING ..-t., /j... \. '-- kid. ....,~..... ~~~........~--.,. C. ii-V n r~f ..\ N {aOAm))2_~'"!:-~. ~...~~.. F.~')PROVEO ;' ./ il" ~IE S' u 10 Csl r~..~""",'4...I'LIJA~ APPHOVED SU8JECT TO ~~..........- APRIL 20, 2006 The Pledge of Allegiance was said. .............. I 1l~~-- -w--........ <t"':', ROLL CALL: PRESENT: Mr. Buchanan (a) Mr. Keough Mr. Paul Mr. Oakes Mr. Kidde (a) Mr. Mahoney EXCUSED: Mr. Allocco Mr. Simmons ALSO PRESENT: Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Linda Lohsl, Recording Secretary Rich Stringer, City Attorney AI Minner, City Manager ANNOUNCEMENTS: Mr. Paul announced that Mr. Allocco and Mr. Simmons are excused and Mr. Kidde and Mr. Buchanan will be voting. Also, Mr. Paul will officiate as chairman. APPROVAL OF MINUTES: P&Z Regular Meeting 4/6/06 MOTION by Keough/Kidde to approve the minutes of April 6, 2006. A voice vote was taken and the minutes were approved unanimously. OLD BUSINESS: NONE NEW BUSINESS: RECOMMENDATION TO CITY COUNCIL - REVIEW OF CAPITAL IMPROVEMENT PROGRAM AND CAPITAL OUTLAY ITEMS EQUAL AND GREATER THAN $7,500- 6 YEAR SCHEDULE FY 2006/07 THROUGH FY 2011/12 Mr. Minner explained the difference between a capital improvement plan and a budget. He reviewed the Preliminary CIP handout with the commission (a copy is attached to the filed minutes). Mr. Minner added one of the things unique to this CIP is the capital outlay request, which includes capital requests over $7,500. That is the reason for purchases of vehicles and those types of change outs. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 20,2006 Mr. Minner went into some detail regarding Easy Street requirements and funding including the possibility of obtaining grants. He and Mr. Stringer answered questions on some specific items such as drainage, quarter-round and road improvements. (Tape 1 Side 2) MOTION by Oakes/Buchanan to recommend to city council for their consideration of the Capital Improvement Program and Capital Outlay Items Equal and Greater Than $7,500. ROLL CALL: Mr. Keough Mr. Kidde (a) Mr. Mahoney yes yes yes Mr. Buchanan (a) Mr. Paul Mr. Oakes yes yes yes The vote was 6-0. Motion carried. Damien Gilliams asked if there should have been public input on this issue. Mr. Stringer agreed and said the commission could take public input. He advised them to rescind the motion so public input could be received. Mr. Oakes rescinded his motion. Damien Gilliams, 1623 U.S. 1, complimented the presentation but would have liked to been able to review the document. He had a concern about public review of the information and was told by Mr. Minner that anyone could contact his or the city clerk's office for a copy. He then gave Mr. Gilliams his own copy of the CIP. MOTION by Oakes/Buchanan to send this review of the Capital Improvement Program and Capital Outlay Items Equal and Greater Than $7,500 Six-Year Schedule physical year 2006/07 through 2011/12 to city council for their consideration. ROLL CALL: Mr. Mahoney Mr. Buchanan (a) Mr. Oakes yes yes yes Mr. Paul Mr. Kidde (a) Mr. Keough yes yes yes The vote was 6-0. Motion passed unanimously. PUBLIC HEARING - APPEAL OF DENIAL OF A HOME OCCUPATIONAL L1CENSE- MICHAEL CROWE - 116 MILLER DRIVE - LAWN & LANDSCAPE SERVICE - LDC SECTION 54-2-7.21(d) Mr. Stringer explained this is an appeal of the determination of the Growth Management Director that the application did not meet the requirements for the granting of a home occupation permit. It is based upon what was presented, what she reviewed and whether or not she was mistaken in her interpretation of the code. Ms. Grohall gave a brief recap of the staff report. She noted the criteria that have not been met. She met with Mr. Crowe and he has moved his equipment off the property and will no longer have employees come to his home, as he noted in a letter to her. Michael W. Crowe, 116 Miller Drive, addressed the commission. He stated that his equipment would be kept at his business partner's property in the county. Mr. Stringer added that what was to be presented is now moot as Mr. Crowe is bringing the issues into compliance and will be filing a new application. Ms. Grohall added that code 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 20,2006 enforcement is aware of the situation and if there is another situation they could go out to investigate. In answer to questions from unidentified people in the audience, Mr. Stringer and Ms. Grohall explained the restrictions for a home occupation license. Mr. Stringer added that the Planning and Zoning Commission is not determining tonight what Mr. Crowe can do and when he conceded that he did not meet the ordinance, discussion should stop. David DeVergillio, 113 Pelican Island Place, questioned what Mr. Crowe is allowed to do at his residential property. Ms. Grohall offered to get him a copy of the home occupation license rules. Mr. Crowe stated for the record that he is withdrawing his appeal of Ms. Grohall's decision to deny his home occupation license request. Members of the audience continued to call out comments. Mr. Paul called for a ten- minute break at 8:46 p.m. The meeting resumed at 8:58 p.m. (Tape 2 Side 1) MODEL HOME - 280 CONCHA DRIVE, SEBASTIAN HIGHLANDS UNIT 11 - GIGLIO CONSTRUCTION CORP. Ms. King presented the application. The handicap parking space will be provided in the driveway. Staff recommends approval. Carmelo Giglio, 1329 South End Street, Lake Worth, addressed the commission. MOTION by Oakes/Kidde to approve Giglio Construction Corp. new model home at 280 Concha Drive. ROLL CALL: Mr. Paul Mr. Keough Mr. Kidde (a) yes yes yes Mr. Buchanan (a) Mr. Mahoney Mr. Oakes yes yes yes The vote was 6-0. Motion passed unanimously. QUASI-JUDICIAL PUBLIC HEARING - WAIVER OF LDC SECTION 54-4-21.A.5(b)(9) RIVERFRONT OVERLAY DISTRICT - General items which are prohibited, continuous awnings - Channel 68 Marina (Hula Grill), 806 Indian River Drive - Damien Gilliams During the announcement segment of the meeting, Mr. Oakes noted for the record that while at the Hula Grill, he spoke with the restaurant owner and viewed the area for the proposed awning. Mr. Stringer explained that under the provisions of the LDC requirements for the overlay district, a waiver of code requirements is necessary instead of a variance. Basically, the applicant must show that a strict interpretation of the LDC places an inordinate burden on the property as defined by Florida Statutes; which is, either you can't use your property they way that you would have expected to when you bought it or that you are unable to enjoy the use of the property in a way that is 3 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF APRIL 20,2006 disproportionate to the good that is being done to the community. Mr. Paul swore in all persons that plan to speak. Damien Gilliams, 1623 U.S. 1, Sebastian, owner of 806 Indian River Drive. He explained they want to install an awning over an existing deck and believed the awning would be safer than using table umbrellas for the restaurant patrons. Ms. King summarized the staff report and detailed the Riverfront Overlay District. The two sides in question are one along the river and the other faces Riverview Park. The l awning would be about 1,800 Sq. Ft. of covered area. She added that a waiver for the (t("L I . colors had not been requested as well as vinyl windows, which would create a room thus causing an expansion to the restaurant. If parking could be provided at a later date, then the expansion issue could be revisited. Staff recommends denial of the waiver request and suggests the tenant continue with his plans to break the awning into segments. The commissioners discussed the definition of undue burden. (Tape 2 Side 2) They also discussed the seating number for the restaurant. MOTION by Oakes/Buchanan to approve the waiver as requested. ROLL CALL: Mr. Buchanan (a) Mr. Mahoney Mr. Kidde (a) yes yes no Mr. Keough Mr. Oakes Mr. Paul yes yes no The vote was 4-2. Motion passed. CHAIRMAN MATTERS: NONE MEMBERS MATTERS: NONE DIRECTOR MATTERS: Ms. Grohall updated the commission on the model homes approval process. ATTORNEY MATTERS: NONE Mr. Paul adjourned the meeting at 9:57 p.m. (4/24/06 sbl) 4