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HomeMy WebLinkAboutP & Z November 13, 2013 - MinutesPLANNING & ZONING BOARD MEETING MINUTES NOVEMBER 13, 2013 A Meeting of the Planning & Zoning Board was held on Wednesday, November 13, 2013, at the City Public Library, 201 Polk Avenue, Cape Canaveral, Florida. At 6:00 p.m. Chairperson Russell announced that one of the Board members needed to run home and return. Chairperson Russell called the meeting to Order at 6:10 p.m. The Secretary called the roll. Lamar Russell Chairperson Harry Pearson Vice Chairperson John Fredrickson Ron Friedman John Price MEMBERS ABSENT Bruce Collins OTHERS PRESENT Susan Chapman Secretary Kate Latorre Assistant City Attorney Barry Brown Planning & Zoning Director NEW BUSINESS Motion Re: Approval of Meetinq Minutes for September 11, 2013. Motion by Ron Friedman, seconded by Harry Pearson to approve the Meeting Minutes of September 11, 2013, as written. Vote on the motion carried unanimously. 2. Motion Re: Approval of Meeting Minutes for October 9, 2013. Motion by Harry Pearson, seconded by Ron Friedman to approve the Meeting Minutes of October 9, 2013. Vote on the motion carried unanimously. 3. Quasi - Judicial and /or Public Hearinq: Consideration and Recommendation to City Council Re: Request to Amend the Code of Ordinances to Allow for the List of Possible Variances to be Expanded to Include "Location of Accessory Structure "; to Revise the Definitions of Landscape, Accessory Structure, Accessory Use, and Side Yard; and Revise Section 110 -468, Accessory Structures - Kim Rezanka, Authorized Agent for Craig Donceel, Property Owner. (Continued from September 11, 2013 meeting). Planning & Development Director, Barry Brown gave his Staff report. He summarized that the Code does not define a "variance" for the location of an accessory structure. He explained that the owner of a single family residence at 625 Manatee Bay Drive has constructed a "tiki hut" in the front yard of his property. Staff considers a "tiki hut" to be an accessory structure and the Code does not allow for accessory structures to be erected in any front yard. The property was cited by Code Enforcement, and on July 18, 2013, the Code Enforcement Board granted an extension to November 21, 2013 to allow the applicant an opportunity to have their request heard by P & Z and the Council. He noted that the P & Z Board began discussion of this request on September 11, 2013. He explained that in an attempt to keep the "tiki hut" in his front yard, the applicant is taking a three - pronged approach to amending the Code. Mr. Brown Planning & Zoning Board Meeting Minutes November 13, 2013 Page 2 of 3 summarized same. The Board members reviewed and discussed a survey of local governments' definitions for variance, prepared by Staff. Mr. Brown advised that Staff recommended that if the "location of accessory structure" is added to the list of possible variances, the applicant's "tiki hut" may not meet the criteria by which variances are evaluated. Therefore, if the P & Z Board wants to find an accommodation for accessory structures in a front yard it could consider an "administrative waiver" process such as the City of Melbourne's or allowing accessory structures in front yards subject to approval by the Community Appearance Board and pursuant to certain criteria. Discussion ensued regarding: an administrative waiver process; the applicant making the argument that he did not create his own hardship to be entitled to a variance; changing the Code may not assist the applicant in finding relief; defining "side yard "; placement of an "accessory structure" in the front yard subject to approval of the Community Appearance Board; notification to surrounding property owners; and the Board recommending that the Code Enforcement Board defer further action against the applicant until the end of January 2014, to allow the P & Z Board more time to consider the issue. Applicant, Craig Donceel advised that he did not know that the tiki but needed to be permitted, because the man who built it never pulled permits to construct them in other cities. He advised that his home and landscaping were unique; and he considered the tiki but part of the landscape and a "Florida umbrella ". Discussion followed regarding the tiki but feature being considered part of or an added feature to the landscape; and Staff continuing its research on processes by which location of accessory structures might be considered. Motion by Ron Friedman, seconded by John Fredrickson to recommend that the City's Code Enforcement Board defer any further action against the Respondent until the end of January 2014. Vote on the motion carried unanimously. 4. Quasi - Judicial and /or Public Hearing: Consideration and Recommendation to City Council Re: Ordinance to Allow the City Manager to Grant Extensions for Special Exceptions and Variances, rather that the Board of Adiustment. Planning & Zoning Director, Barry Brown gave an overview of the agenda item. The Board members reviewed and discussed the proposed ordinance. Mr. Brown explained that the ordinance authorizes the City Manager, rather than the Board of Adjustment, to grant a one- time, 12 month extension of Variance and Special Exception approvals, provided that the property owner demonstrates good cause for the extension. Board member, Ron Friedman voiced his opinion that granting the City Manager the authority gives the perception that there is too much temptation to do wrong. Assistant City Attorney, Kate Latorre explained that the Board of Adjustment's role is dictated by City Council and the Code, and this ordinance streamlines and preserves City resources. Discussion continued. Motion by Harry Pearson, seconded by John Price to recommend approval of the proposed ordinance. Vote on the motion carried by a (4) to (1) vote for the motion, with members voting as follows: John Fredrickson, for; Ron Friedman, against; Harry Pearson, for; John Price, for; and Lamar Russell, for. REPORTS AND OPEN DISCUSSION: Barry Brown advised that the next Planning & Zoning Board meeting will be held on December 11, 2013, if a quorum can be obtained. Planning & Zoning Board Meeting Minutes November 13, 2013 Page 3 of 3 ADJOURNMENT: There being no further business the Chairperson adjourned the meeting at 7:30 p.m. Approved on this 19 ,1,9 day of -A LkAKt-I 2014.