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02-02-1983 , o o : .. PLANNING COMMISSION MEETING February 2, 1983, 7:00 PM Minutes Chairman Bennington called the meeting to order at 7:05 PM in the Planning Office in City Hall. ROLL CALL Members present: Messrs. Bennington, Winter and Opal. Excused: Mr. Hetu. Also present: Mr. Finn and Mrs. Winks. APPROVAL OF MINUTES Moved by Mr. Winter, seconded by Mr. Opal, and CARRIED 3-0, to approve the minutes as submitted for the January 19, 1983, meeting. SITE PLAN REVIEW SP-8302, Fagg M. Shawver, Casa El Toro Lounge Addition, US 1 & Boston Rd, B-3 Mr. Earl Wallace, authorized representative, was present to discuss the proposed building addition. Mr. Opal asked if this has ever been before any previous Zoning or Planning Board. Mr. Wallace stated that in about 1976 an addition was proposed and was rejected by the Board, but at that time they were proposing to build the addition to the US 1 property line. This addition is set back 15 feet 4 inches from the US 1 property line. Mr. winter noted that this is a non-conforming lot of record. The security light requested by Chief Baugh was discussed, and Mr. Wallace pointed out where the light will be located. Mr. Bennington noted that the plan was in accordance with all regulations except the setback and that variance will go before the Board of Adjustment for their decision. Moved by Mr. Winter to approve Preliminary/Final contingent upon the Board of Adjustment granting the variance, that the plan is in accordance with the Comprehensive Plan, and recommend to the Board of Adjustment that the variance be granted. Mr. Bennington passed the Chair to Vice Chairman Winter, and seconded the motion. Mr. Winter asked for roll call. Upon roll call the Motion passed 2-1. Mr. Opal voted NO. Mr. Opal feels that more checking on this should be done because it has been turned down before and he would like to know why. OLD BUSINESS Annexation Mrs. Winks read a letter from Mr. Clark, attorney for the people requesting annexation which was in response to a telephone call. The letter noted that there is only one house on the subject property, and that the intention of the owners was to sellon a lot basis for single fa~ily residences. Mrs. Winks then read parts of Florida Statute 171,043, "Character of the area to be annexed". It was noted that the new map submitted was different from the one previously submitted. Mrs. Winks will check this with Mr. Clark and see if there has been a change. Mr. Opal asked that Subsection 4 of 171.044, "Voluntary annexation" be read. Mr. Bennington asked that we find out what the County zoning of this area is and to figure out the density for Edgewater single family zoning. It was also decided that Mr. Clark and Mr. Alvarez should attend the next Planning Meeting to discuss the matter. Mr. Opal spoke of 571290 and stated that this is still active and alive and that Section 7A was taken out of the Charter and shouldn1t have. He noted that Mr. Alvarez is supposed to be checking into this. Sealed Plans Mrs. Winks noted that letters had been sent to the Board of Architects and the Board of Engineers, but she had not received an answer yet. Mr. Bennington suggested that we also write to the County to see what they base their decision on. Mrs. Winks said that Mr. Murphy suggested writing to the Attorney General. These letters will be written and sent out. , o o ; Tree and Landscape Ordinance Mr. Winter asked that these be reviewed item by item and that we have a Special Meeting to do this. Moved ~y Mr. Winter, seconded by Mr. Opal, and CARRIED 3-0, to hold a Special Meeting on February 9, 1983, at 7:00 PM, in the Planning Office to discuss and possibly take action on the Tree and Landscape Ordinance. 81-0-34 and 81-R-77 Mrs. Winks noted that an answer had not been received from the City Attorney as yet. Moved by Mr. Opal, seconded by Mr. Winter, and CARRIED 3-0, to table the discussion on 81-0-34 and 81-R-77 until we receive an answer from the City Attorney. Zoning Appendix Changes Mrs. Winks read the list of changes that have previously been discussed. Moved by Mr. Winter, seconded by Mr. Opal, and CARRIED 3-0, to add Zoning Appendix Changes to the Special Meeting to be held on February 9, 1983. Permitted uses were discussed and Mrs. Winks will compile a new list by Zone. A list of suggested changes to permitted uses by Mr. Murphy was passed out to the members. Mrs. Winks suggested having a cut-off date for applications to be received for the Planning Commission meeting. Mr. Winter suggested that Mr. Alvarez be present for the Special Meeting to answer any questions we might have on the Zoning Appendix Changes. Mr. Bennington stated that he didn't see any need for the City Attorney at the Special Meeting as whatever~action we would take would be reviewed by him for legality anyway. The meeting was adjourned at 8:30 PM. Minutes submitted by: Debbie Winks Planning Commission Minutes February 2, 1983 Page 2