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HomeMy WebLinkAboutMinutes 11-18-2009 PLANNING & ZONING BOARD MEETING MINUTES NOVEMBER 18, 2009 A Regular Meeting of the Planning & Zoning Board was held on November 18, 2009, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Bea McNeely, Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson John Johanson 1st Alternate Ronald Friedman 2nd Alternate OTHERS PRESENT Barry Brown Planning & Development Director Kate Latorre Assistant City Attorney Duree Alexander Recording Secretary Todd Morley Building Official All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS 1. Approval of Meeting Minutes: August 12, 2009. Motion by Harry Pearson, seconded by John Fredrickson, to approve the meeting minutes of August 12, 2009, with minor corrections. Vote on the motion carried unanimously. Barry Brown, Planning & Development Director, addressed the Board. He advised that the Board would be considering three agenda items at this meeting. The first was a request for five variances to accommodate a pool screen enclosure, privacy fence, accessory structure (shed), and a pool accessory (pump) at 201 Tyler Avenue. The other two items were proposed ordinance revisions to amend Chapter 102 - Vegetation, to remedy a number of tree code related complaints; and Chapter 110, Section 110 -482 - Underground Utilities, to extend the requirement for undergrounding utilities to include: redevelopment, and renovations of existing buildings. Planning & Zoning Board Meeting Minutes November 18, 2009 Page 2 2. Recommendation to the Board of Adjustment Re: Variance Request No. 09 -02 to Allow a Screen Enclosure Side Setback of 10 ft,; a Screen Enclosure Rear Setback of 4 ft.; a Side Yard Setback of 9 ft. from a Public Street Right -of -Way for a 6 ft. High Fence; a Rear Setback of 3.3 ft. for a Shed; and a Side Yard Setback of 4 ft. 8 in. for Pool Accessories - Section 23, Township 24 South, Range 37 East, Block 42, Lot 1.01, Avon by the Sea Subdivision, (201 Tyler Avenue) - David D. Jones, MD and Heather Parker - Jones, PHD, Petitioners. Barry Brown, Planning & Development Director, addressed the Board. He advised that the request was for variances, from various city codes, to allow: a screen enclosure side yard setback of 10 ft., rather than 15 ft.; a screen enclosure rear setback of 4 ft., rather than 5 ft.; a side yard setback of 9 ft. from a public right -of -way for a six ft. high fence, rather than 25 ft.; a rear setback of 3.3 ft. for an accessory structure (shed), rather than 5 ft.; and a side yard setback of 4 ft. 8 in. for an accessory (pool pump), rather than 15 ft. Barry Brown stated what the future land uses and zoning designations were of the surrounding properties. He testified that the Petitioners purchased the property in June 2008 for weekend use; the townhouse was constructed in 1983 and the pool was constructed in 1986, without a screen enclosure; the family is highly allergic to mosquito bites; and Cabbage Palms and a Banyan tree located adjacent to the pool drop leaves, berries, and blooms into the pool, creating a maintenance issue. The Petitioners decided to have a screen enclosure constructed over the pool, and earlier this year retained Coastal Craftsman; the contractor failed to obtain the required building permit, which resulted in the screen enclosure being constructed illegally, not being properly engineered, and side and rear setbacks not meeting requirements of the city code. The Petitioners did not realize that the screen enclosure was not properly permitted and that it did not meet the city's code, and when it was brought to their attention, they wanted to file for the proper permit(s) and follow the provisions of the city's code(s). He advised that in evaluating their application for a screen enclosure, staff discovered that there were several nonconformities with the recently constructed screen enclosure, as well as an existing privacy fence, shed, and pool pump. Barry Brown explained that the current city code allowed a 15 ft. side yard setback for a pool, enclosure, and accessories; the pool was 15 ft. from the side yard property line and met the current code; however, without a variance, the screen enclosure would have to be built on the lip of the pool, and therefore one could not walk around the perimeter of the pool. In order to allow for a reasonable use of the pool, and the ability to walk around the pool perimeter, the applicant was requesting a variance for a side setback of 10 ft. for the screen enclosure, rather than the required 15 ft. per the city code. He pointed out the pertinent sections of the city code. He summarized the variance evaluation criteria, per city code (Section 110 -37); and staffs analysis of the request. 4 • Planning & Zoning Board Meeting Minutes November 18, 2009 Page 3 Barry Brown gave staffs recommendation. He testified that staff supported necessary variances to reasonably accommodate a pool screen enclosure, privacy fence, and pool accessories, but did not support rear setback variances for a pool enclosure and shed. Specifically, staff supported a side yard of 10 ft. for the pool screen enclosure and 9 ft. for the fence, as this would allow for reasonable use of the pool, while minimizing the encroachment and variance requested. Staff also supported a variance for the pool accessory (pump), as the applicant inherited the pool pump where it was. Additionally, the pool pump was not causing a problem, and there was no place else to locate it to meet the city code. He advised that staff did not support a variance from the rear setback for the screen enclosure and shed. He explained that the screen enclosure could be easily relocated to meet the existing city code requirement; and the shed was in disrepair, deteriorating, and not suitable as a host structure for support of the enclosure. He advised that staff recommended that the shed be demolished and replaced with a new shed which would be placed on the property to meet the current city code. The Board members viewed photographs and a survey of the subject property. He advised that the pool was constructed in 1979. Discussion followed. Dr. Parker - Jones, Petitioner, addressed the Board and answered various questions from the Board members. She affirmed that her family was highly allergic to mosquito bites; and that Cabbage Palms and a Banyan tree drop leaves, blooms, and berries into the pool. Todd Morley, Building Official, addressed the Board regarding encroachment of pads for emergency generators. Lamar Russell and John Fredrickson commented that they supported staff recommendation. Miles Komura, 211 Taylor Avenue, citizen, commented that he supported the request. Donald Dunn commented that the screen enclosure should be closer to the pool to allow three feet around the pool. Discussion followed regarding staff recommendation. Motion by Harry Pearson, seconded by John Fredrickson, to recommend approval of Variance Request No. 09 -02, to the Board of Adjustment, as per staffs recommendation. Vote on the motion carried unanimously. 3. Recommendation to the City Council Re: Amending Section 110 -482, Underground Utilities. Kate Latorre, Assistant City Attorney, gave the Board an overview of proposed amendments to city code Section 110 -482, Underground Utilities. Brief discussion followed. Motion by Donald Dunn, seconded by Harry Pearson, to recommend approval of the proposed amendments to Section 110 -482. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes November 18, 2009 Page 4 4. Recommendation to the City Council Re: Amending Chapter 102, Vegetation. Todd Morley, Building Official, gave the Board an overview of the proposed revisions to Chapter 102, Vegetation and background of how they came to be. Discussion followed. Motion by Donald Dunn, seconded by Lamar Russell, to recommend approval of the proposed amendments to Section 102, Vegetation. Vote on the motion carried unanimously. OPEN DISCUSSION Donald Dunn discussed building heights. He suggested having changes made in the city code to eliminate floor heights and building heights. Barry Brown advised that a draft of the final visioning report would be available next week. A copy of the report would be provided to all board members. Joyce Hamilton commented that each Board has special input in the visioning process. Discussion was held regarding the proposed plat ordinance and when it would be presented to City Council. Discussion was held regarding tree mitigation and storm water issues regarding the Cape Caribe project. Barry Brown advised that the issues must be resolved before presenting the site plan to the Planning & Zoning Board for recommendation to City Council. Discussion was held regarding establishing a time limit for expiration of site plans, (city code Section 110 -224). Motion by Lamar Russell, seconded by Donald Dunn, to direct city staff to create an ordinance establishing a time limit on site plans and present it to the Board for recommendation to City Council. Vote on the motion carried unanimously. Barry Brown advised that there were Board meetings scheduled on November 25th and December 23rd. Motion by Lamar Russell, seconded by Bea McNeely to cancel the meetings scheduled on November 25th and December 23rd. Vote on the motion carried unanimously. Barry Brown announced that the next Board meeting would be held on December 9th. Planning & Zoning Board Meeting Minutes November 18, 2009 Page 5 The Board members requested a report from city staff regarding special exceptions. Motion by Lamar Russell, seconded by Bea McNeely, to adjourn the meeting at 10D9 p.m. k -ge t y z - Bea McN- - y, air erson Susan L. Chapman, Secretary