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Home My WebLink About01-06-2011 PZ Agenda - RevisedCIIY OF HOME OF PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 FAX (772) 388 -8248 AGENDA *Revised) PLANNING AND ZONING COMMISSION THURSDAY, JANUARY 6, 2011 7:00 P.M. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: December 2, 2010 Regular Minutes 6. OLD BUSINESS: 7. NEW BUSINESS: A. Accessory Structure Review Section 54 -2 -7.5 169 Filbert Street 749 SF Attached Accessory Garage Michael 8s Mary Calie 8. CHAIRMAN MATTERS: 9. MEMBERS MATTERS: *Election of Chairperson and Vice Chairperson 10. DIRECTOR MATTERS: 11. ATTORNEY MATTERS: 12. ADJOURNMENT: ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, 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 AND EVIDENCE UPON WHICH APPEAL 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 AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THE MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772)- 589 -5330 AT LEAST 48 HOURS PRIOR TO THE MEETING. TWO OR MORE ELECTED OFFICIALS MAY BE IN ATTENDANCE. cc a E co m ED. `o C o of Mr. Dodd noted for the record that Mr. Paul, Mr. Cardinale, and Mr. Srinivasan /Bv o 42 2 6 0) excused absences, and that Mr. Durr and Mr. Reyes will be voting in their place. r. Durr had not yet arrived. Vice Chairman Dodd called the meeting to order at 7:00 P.M. The pledge of allegiance was said by all. ANNOUNCEMENTS: ROLL CALL: PRESENT: Mr. Roth Mr. Simmons Mr. Hepler EXCUSED: Mr. Paul Mr. Cardinale Mr. Srinivasan ALSO PRESENT: APPROVAL OF MINUTES: CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING DECEMBER 2, 2010 Mr. Dodd Mr. Reyes Rebecca Grohall, Growth Management Director Robert Ginsburg, City Attorney Dorri Bosworth, Zoning Technician (Recording Secretary) MOTION by Simmons /Roth to approve the September 23, 2010 Special Meeting minutes with the change on Page 4 as noted by Mr. Dodd (change of name from Mr. Dodd to Mr. Paul). Motion was approved on voice vote. MOTION by Hepler /Simmons to approve the November 4, 2010 LPA meeting minutes. Motion was approved on voice vote. OLD BUSINESS: NONE NEW BUSINESS: A. QUASI- JUDICIAL PUBLIC HEARING RIVERFRONT OVERLAY DISTRICT WAIVER 1732 INDIAN RIVER DRIVE, CAPT. BUTCHER'S SECTION 54-4 21.A.5(e(1) ALLOWING VISIBLE ROOF MECHANICAL EQUIPMENT STRUCTURES WITHOUT REQUIRED SCREENING Mr. Dodd opened the hearing at 7:03 pm and asked for ex parte communication, none was reported. Mr. Ginsburg swore in everyone that would be speaking. Ms. Grohall PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 5, 2010 reviewed the application for the Commission. She stated that as part of a renovation of the existing building to a restaurant, several pieces of mechanical equipment would need to be placed on the roof. The riverfront overlay regulations require that this equipment be screened from view, and the owner of the property is requesting relief from the screening. Staff feels the screening will be difficult to install, would be bulky looking, and most likely not enhance the building. Consideration should be given that the roof is galvanized metal, and the roof equipment is also galvanized metal, similar in style. Mr. Shawn Overstreet, representing Mr. Harold Adams, Capt. Butcher's, agreed with staff's recommendation of an approval for the waiver to allow the establishment to move forward. The hood system is a necessity to get the restaurant open. Mr. Roth presented pictures he had recently taken of another restaurant's roof equipment (Las Palmas Cuban Restaurant located in The Village, 1109 US #1, Sebastian) and inquired if the proposed was the same. (The pictures were submitted to staff, see attached) Mr. Overstreet said the design and set -up was. Mr. Roth felt it would blend in without needing the screening requirement. Mr. Simmons inquired if, as noted in the staff report, these really were hurricane repairs from 2004. History of the various businesses and uses that have been located in the building were discussed. In 2004 "Off the Hook" restaurant was located in the building and had similar roofing equipment that was damaged in the storms. Mr. Overstreet thought the location of the roof equipment was in the same location as the previous restaurant. Mr. Simmons asked if the previous restaurant met code. Staff stated the "Off the Hook" restaurant was licensed thru the Health Dept in 2004, but since it has been empty for a while, current codes need to be met. Mr. Hepler explained how hood systems worked. Mr. Simmons verified that the system was being upgraded, with the new system having two vents and larger equipment. Mr. Overstreet stated the equipment was very similar but now there will be two. Public Input was opened. There was no one who spoke in favor of the request. There was no one who spoke against the request. Staff summarized that they recommended approval of the waiver. The equipment would be camouflaged by the color of the roof, and there were also large palm trees in front of the building that would provide some screening. Mr. Simmons questioned if the code should be changed. Ms. Grohall stated new buildings do comply with the roof equipment screening requirement, and Mr. Dodd thought retro- fitting existing sloped roofs were harder to do, hence a request for a waiver, but did not think the code needed to be changed. Mr. Reyes asked how many exemption or waivers had been granted for roof screening? Staff stated this was the first request. He also questioned the electrical cord shown on the roof in Mr. Roth's presented pictures, and asked if it was a legal cord and to code. MOTION by Roth /Hepler to approve the variance (waiver) with the stipulation that the unit or units that are put on the roof matches the pictures presented very closely in color so that it blends in and there would be no wiring in the rooftop. 2 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF AUGUST 5, 2010 ROLL CALL: Mr. Hepler yes Mr. Roth yes Mr. Simmons no Mr. Dodd yes Mr. Reyes yes The vote was 4 -1. Motion passed. CHAIRMAN MATTERS: NONE MEMBERS MATTERS: Mr. Hepler questioned when Barber Street Phase II would be opened, and asked about the quality of the sod being laid. DIRECTOR MATTERS: Ms. Grohall gave information regarding upcoming civic events: Light -up Night on Friday, December 3 and the Christmas Parade on Saturday, December 4th Mr. Durr arrived to the meeting but did not sit at the dias. ATTORNEY MATTERS: Mr Ginsburg stated he would like to work with staff on removing the reference in the "Board criteria for determining waivers" (Section 54 -4 -21.6 Sebastian LDC) that refers to the Florida Statutes definition of "inordinate burden" as the statute definition is very convoluted. He would like to replace that reference with a more "dictionary" definition. Vice Chairman Dodd adjourned the meeting at 7:22 p.m. (12/7/10 db) 3 1. Property Owner: 2. Contractor: Architect: Civil Engineering: 3. Requested Action: 4. Project Location: 5. Current Zoning: 6. Required Findings: ma S)cD T 4N Growth Management Department Accessory Structure Staff Report Michael Mary Calie Art Krieger Construction Robert Brodie, AIA Progressive Engineering Services, Inc. Approval of a 749 SF attached accessory garage 169 Filbert Street Lot 17, Block 446, Sebastian Highlands Unit 17 RS -10 Current Land Use: Single family Residence Does Comply Does Not Comply A. No accessory structure shall be constructed until the construction of the principal structure has been started. 1. House completed 2005 or 4 house under construction 2. Accessory structure to be located on same lot as principal structure YES or located on second lot that has been combined with principal lot by a unity of title B. No accessory structure shall be located in any required yard (setback): 1. Front yard: No detached accessory structure shall extend beyond the front building line of the principal structure that is located on the same real estate parcel or lot. Principal structure setback is 30' Accessory structure setback AI is 122' 2. Front yard on corner lot: Accessory structures may not be located in the secondary front yard of an improved corner lot unless the corner lot is joined in unity of title with an interior lot that contains the principle structure. However, said accessory structures shall not be located closer than 25 feet from the secondary front property line in the RS -10 zoning district, and in all other zoning districts shall meet required front yard setbacks. Secondary front yard setback is 20' and proposed accessory structure front yard setback is 25' 1. Property Owner: 2. Contractor: Architect: Civil Engineering: 3. Requested Action: 4. Project Location: 5. Current Zoning: 6. Required Findings: ma S)cD T 4N Growth Management Department Accessory Structure Staff Report Michael Mary Calie Art Krieger Construction Robert Brodie, AIA Progressive Engineering Services, Inc. Approval of a 749 SF attached accessory garage 169 Filbert Street Lot 17, Block 446, Sebastian Highlands Unit 17 RS -10 Current Land Use: Single family Residence 2 Does Comply Does Not Comply 3. Side yard: Required side setback is 10' N/A N/A N/A N/A N/A Ai Accessory structure side setback is approx 35' 4. Rear yard: The required rear yard is 20' A detached accessory structure may encroach into the required rear yard, provided it meets all the following: a. It is a minimum 10 feet from the rear property line. Proposed accessory structure has a setback. b. It is not in an easement. Rear easement is and proposed setback is c. It does not exceed 400 square feet in lot coverage. Proposed accessory structure is square feet. d. It does not exceed 12 feet in height. Proposed accessory structure is feet in height. Accessory structures which are attached, or do not meet the above four requirements must meet the standard rear setback which is 20' Proposed accessory setback is 64' (50' rear FPL easement) C. No mobile home, travel trailer or any portion thereof, or motor vehicle shall be permitted as an accessory structure. D. Applicant must expressly designate the type of the accessory structure (i.e. garage, shed, etc.) Earage w/ workshop and 105 SF breezeway E. Must comply with all city codes. Ai F. The height of accessory structure cannot exceed height of principal structure. House (addition) is approximately 22'- 7.5" and accessory structure will be 20' -3%" G. Attached or detached Quonset -type or style accessory structures are prohibited. H. A residential lot is allowed 5 square feet of accessory building area (cumulative) for every 100 square feet of lot area, up to a maximum 1000 square feet. Property square footage 19,202 x .05 Allowable sq.ft. of accessory structures 960.1 Existing accessory structures -0- Proposed accessory structure 749 105 Total existing and proposed 854 2 7. Planning and Zoning Commission Review: Any attached or detached accessory building, carport or breezeway over 500 square feet in area must be reviewed and approved by the Planning and Zoning Commission utilizing the following criteria: Review fee has been paid: V YES NO Additional Considerations: The nature of a breezeway would not accommodate foundation plantings. The accessory structure is under 751 SF. Plantings matching the existing residential structure will be planted around the new building addition and garage. Section 54- 2- 5.10(e)(2)f.1 states "Residential overhangs may extend 48 inches into required yard space. allowing the attached accessory garage to meet the required 25 foot secondary front yard setback. Existing building is 2,885 SF. Proposed residential and garage addition is 1,637 SF 4,522 SF Total. RS -10 zoning allows 30% building coverage. 19,202 SF X .30 5,760.6 SF maximum. Building coverage has not been exceeded. (Impervious and open space requirements have also been met.) /a /al 1 Prepared by Date 3 Does Comply Does Not Comply A. Accessory structures may not be constructed or maintained from corrugated metal or corrugated metal looking products. B. The roof of the accessory building must have a minimum pitch of 3:12. 5 :12 proposed C. Accessory structures 501 sq.ft. to 750 sq.ft. in size shall be compatible with the overall general architectural design of the primary residence, including facade and materials, colors and trim, roofing materials and pitch. Structure will match main residence exactly Foundation planting will match existing planting D. Accessory structures 751 sq.ft. to 1000 sq.ft. in size shall be of the same architectural design of the primary residence, including facade and materials, colors and trim, and roofing materials and pitch. Foundation plantings shall be required on all sides of the accessory structure excluding entranceways and doorways, as follows: 1 shrub for every 3 lineal feet and 24 inches in height at planting. Lineal dimension totals 3 Total Shrubs Required 7. Planning and Zoning Commission Review: Any attached or detached accessory building, carport or breezeway over 500 square feet in area must be reviewed and approved by the Planning and Zoning Commission utilizing the following criteria: Review fee has been paid: V YES NO Additional Considerations: The nature of a breezeway would not accommodate foundation plantings. The accessory structure is under 751 SF. Plantings matching the existing residential structure will be planted around the new building addition and garage. Section 54- 2- 5.10(e)(2)f.1 states "Residential overhangs may extend 48 inches into required yard space. allowing the attached accessory garage to meet the required 25 foot secondary front yard setback. Existing building is 2,885 SF. Proposed residential and garage addition is 1,637 SF 4,522 SF Total. RS -10 zoning allows 30% building coverage. 19,202 SF X .30 5,760.6 SF maximum. Building coverage has not been exceeded. (Impervious and open space requirements have also been met.) /a /al 1 Prepared by Date 3 Indian River County, Florida Property Appraiser Printer Friendly Map Print Back Indian River County GIS 31391900001446000017.0 ParcelID 31391900001446000017.0 OwnerName CALIF MICHAEL J MARY H Notes PropertyAddress 169 FILBERT ST SEBASTIAN. FL 32958 Page 1 of 1 http /www.ircpa.org /PrintMap.aspx 12/8/2010 SNO1SIA3N G m ELI 1411 'ON Y F 5s 6n F'• •w 1•1 O O' 6L16 -6 1990 XV,/ LYl2-18S(L247 04626 VmNOT.6 'IMSV936 04ZI24 608 'O'd mop ampa anwpap o 7.711J0 2960000 9I 6282000 ND6Si6 60113611 011664). 3N0108Y11108Y SS.L VDIDOSW S10019 in :115 x 6 S 0 0 W 3NI l )11213dO?Jd enea kynoioa pue AieW `�aeyoiw HOd NOI.LI00 3061301S31J 03SOdOHd 1N31-l3SV3 .11171111 VOIHOIJ 'NVI1SV83S 133H1S 1H3B11d 691 0 4 Os, -1- z 0. ,L£'!=[ 3 .00,00.00 S =9, s, 4 19111111W -1 11 d as ONIM 1 30:014111i2S1334 l 1 03SOdO2id !i 0 0 JX �S J, 0 s 0 f d' 6 1 6 n, O o- t F ,9. op X 1- n. f n X ��1 E� n-`.� H0114 —'9ri On �S s ••n 20 9 _75 r. r a m- f 16 16 16 9 30 w ti a 1N3W3AVd IT1'Hd9C' 3.101S 1 30 d01 3.019H01I03O 0 0 D 0 ON 606 686 (999) XY.J xi -Ib5' 2uJ 7.9L 9L020 v0 009d 'NVLLSY63S '022104 X08 '0 'd WOO ampau9 aaJJJo 0960000 -S! 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S t 6 t �Bt Re 54 -1 -2.4 SEBASTIAN LAND DEVELOPMENT CODE J• drainage, water and wastewater facilities, and all required community facilities, and all other needed public improvements; and forward to the city council written recommendations on such matters; Consider, review and make recommendations concerning studies of city public land needs and recommend site acquisition for the same, including development plans and requisite facilities; Annually prepare, in conjunction with the city engineer, a list of the capital improvements recommended for construction during the next fiscal year and the four -year period following it, showing recommended order of priority thereof, the year recommended for beginning construction, the year recommended for com- pleting construction, and the estimated costs thereof; k. Carry out powers of site plan review as stipulated in article XVIII of the land development code; 1. Perform any other duties, which lawfully may be assigned to the commission. In performing functions set forth in section 54- 1 -2.4, the planning and zoning commission shall act only in an advisory capacity to the city council. When the planning and zoning commission reviews and recommends actions regarding a major site plan approval as defined in article XVIII, the decision of the planning and zoning commission shall be final, unless said decision is appealed to the city council within ten days of the decision, as provided for in the land development code. (e) Appropriation of funds. The city council shall appropriate funds necessary for expenses incurred by the planning and zoning commission in its performance of the above listed functions. The planning and zoning commission shall not have the power to contract with private or governmental persons or entities, or to commit or expend funds of the city. (0 Rules of procedure. The planning and zoning commission shall establish and adopt rules of procedure, which shall include, but not be limited to, election and duties of officers; meeting schedule, time, and place; establishing order of business and method of transaction; procedure for action and voting by members; conduct of public hearings; rules of conduct; parliamentary procedure; maintenance of records; and method of amending same. (1) Officers. From among its members the planning and zoning commission annually shall elect a chairperson and a vice chairperson at the first regular meeting of the commission held at the beginning of each calendar year. (Whenever possible, the persons selected as the chairperson and vice chairperson of the commission shall have served two years as a regular member of the commission and shall have attended at least 90% of the meetings)f the planning and zoning commission which such member was not otherwise excused from attending by the chairperson at such meetings of the commission. The planning and growth management director shall appoint a city employee to serve as secretary to the planning and zoning commission and take minutes of the meetings of the commission. LDC2:10 MEMBER NAME AND ADDRESS APPOINTMENT HISTORY [MOST RECENT HISTORY FIRST] CURRENT STATUS TERMS COMPLETED Greg Hepier 1291 Barber Street Sebastian, FL 32958 413 -8768 Took Blais' unexpired regular member position 12/16/09 Appointed Altemate 6/25/08 Term to expire 11/1/2011 Charles Cardinale 474 Thomas Street Sebastian, FL 32958 918 -8629 Reappointed 4/9/08 Took Celli's regular member position on 4/26/06 Term to expire 4/1/2011 Larry Paul Chair 1701 Sunset Lane Sebastian, Florida 32958 LPauI2552(a aol.com Reappointed 5/14/08 Reappointed 5/11/05 Took Blessing's unexpired regular member position 4/28/04 Term to expire 5/1/2011 388 -0937 Keith Srinivasan 1024 Landsdowne Sebastian, FL 32958 KeithSrin ivasan (a.bellsouth. net Took Mahoney's unexpired regular member position 5/14/08 Term to expire 2/1/2011 532 -0695 William lliam Simmons 509 Drawdy Way Sebastian, FL 32958 589 -9826 Reappointed regular ed ular member pp re position 5/27/09 Took Mr. Smith's unexpired regular member positions 2/22/06 Reappointed alternate member position 1/12/05 Took Seeley's Unexpired Alternate Member Positions 1/28/04 Term to expire 6l1/2012 1 term PLANNING ZONING COMMISSION 3 -YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH 7:00 P.M. Revised 91 /18/90 Joel Roth 1984 E. Lakeview Drive Sebastian, FL 32958 joelrothc msn.com Re- appointed 5/12/10 Took Buchanan's unexpired regular member position 1/27/10 Term to expire 5/1/2013 589 -6894 Ed Dodd Vice Chair 906 Fleming Street Sebastian, FL 32958 eddodd c(�.aol.com Reappointed 11/17/1D Took Allocco's unexpired 0 regular member position 12/12107 Term to expire 11/1/2013 388 -5440 David Reyes altemate 458 Oak Street Sebastian, FL 32958. dreves(a�millerleog•com Took Neuberger's unexpired altemate member position 7/14/10 Term to expire 11/1/2013 589 -8661 Domenic Durr alternate 542 Quarry Lane Sebastian, FL 32958. ddomkahotmall.com Appointed 12/16/09 Term to expire 1/1/2011 (412) 381 -1701 Staff Liaison 7 Growth Management Director