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HomeMy WebLinkAbout12022010 PZ MinutesC)C CITY OF SEBASTIAN C •0 m E PLANNING AND ZONING COMMISSION C t ori MINUTES OF REGULAR MEETING C a I DECEMBER 2, 2010 a e g Vice Chairman Dodd called the meeting to order at 7:00 P.M. C 0) -a as 0 The pledge of allegiance was said by all. V ANNOUNCEMENTS: fit C O O Mr. Dodd noted for the record that Mr. Paul, Mr. Cardinale, and Mr. Srinivasan tavw a a 0 2. C p �v! excused absences, and that Mr. Durr and Mr. Reyes will be voting in their place. Durr had not yet arrived. ROLL CALL: PRESENT: Mr. Roth Mr. Simmons Mr. Hepler ALSO PRESENT: APPROVAL OF MINUTES: OLD BUSINESS: NONE NEW BUSINESS: EXCUSED: Mr. Paul Mr. Cardinale Mr. Srinivasan 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. 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 DECEMBER 2, 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 DECEMBER 2, 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 4 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