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06-08-2016104 N. Riverside Drive Edgewater, FL 32132City of Edgewater Meeting Minutes Planning and Zoning Board 6:30 PM Council ChambersWednesday, June 8, 2016 1. CALL TO ORDER Vice-Chairman Kennedy called the meeting to order at 6:30 p.m. 2. ROLL CALL George Kennedy, Robert McIntosh, Robert Andrejkovics, David Tyree and Paul WrightPresent5 - Pat Card and Michael EichhornExcused2 - Development Services Director Darren Lear and Senior Planner Bonnie BrownAlso Present 2 - 3. APPROVAL OF MINUTES a.Regular Meeting - April 13, 2016 A motion was made by Mr. McIntosh, second by Mr. Wright, to approve the minutes of April 13, 2016. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert McIntosh, Robert Andrejkovics, David Tyree, and Paul Wright5 - Absent:Pat Card, and Michael Eichhorn2 - 4. OLD BUSINESS-PUBLIC HEARING a.VA-1605 - Antinori Group, requesting a variance from Section 21-36.06 (b) of the Land Development Code for property located at 29 Pelican Lane. Mr. Lear provided background information and staff's recommendation. There were no questions or comments from Board members. Vice-Chairman Kennedy opened the public hearing, there being no public comment he closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. Wright, to approve the variance for 29 Pelican Lane to allow the construction of a boat house five-feet (5') from the southern property line. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert McIntosh, Robert Andrejkovics, David Tyree, and Paul Wright5 - Absent:Pat Card, and Michael Eichhorn2 - 5. NEW BUSINESS - PUBLIC HEARING Page 1City of Edgewater Printed on 7/8/2016 June 8, 2016Planning and Zoning Board Meeting Minutes a.VA-1606 - Carl Carder, applicant, requesting a variance from Article III of the Land Development Code for property located at 2920 Queen Palm Drive. Mr. Lear provided background information and staff's recommendation. There was discussion and questions from the Board members regarding the proposed structure and similar structures on neighboring properties. Mr. Lear reiterated that the only request before the board was for the stucuture to be four and one half-feet (4-1/2') taller than the primary structure. Vice-Chairman Kennedy explained to the public that he would open the floor for public comment and that they are to approach the podium and state their name and address for the record. Carl Carder, applicant, 1305 Royal Palm Drive, stated the height was the issue, not whether or not they could build a workshop. He stated the building is as low as it can be to still put shingles on it and be consistent with the house. He stated the workshop would be concrete construction and be consistent with the primary structure. Mr. Andrejkovics asked if the proposed height exceeded the maximum height in the R-2 zoning district. Mr. Lear stated it did not, the only issue at hand was the proposed height being 4-1/2-feet taller than the existing house. Vice-Chairman Kennedy opened the public hearing and indicated that each individual must state their name and address for the record and they would be allowed to speak for three (3) minutes. Marjorie Harris, 2915 Queen Palm Drive - concerned the building would be used as a commercial business and the height of the structure would block her view of the trees. Jack Phelps, 2916 Queen Palm - concerned about height of the structure; stated it was a commercial building and would be noisy and there would be fumes. Vice-Chairman Kennedy asked Mr. Carder if the owner was in fact a hobbiest as the residents' comments indicate this is a commercial business. Mr. Carder indicated as far as he knew this was not a commercial enterprise. Name inaudible, 2824 Queen Palm Drive - owner lived next door to her previously. She indicated he used to be a mechanic and intended to use the property as commercial. Mr. Andrejkovics stated it seemed this would be a business. Mr. Lear stated a commercial business is not permitted in the R-2. Mr. Andrejkovics then stated the speakers indicated he was running a business. Mr. Lear stated Code Enforcement has not advised him there was a business at this location. He further stated that would be a Code Enforcement issue. He reminded the Board the only issue before them is the height of the building. Vice-Chairman Kennedy asked Mr. Carder his relation to the property owner. Mr. Carder stated he was the contractor. He reiterated that the workshop is permitted, the only issue is the height. Page 2City of Edgewater Printed on 7/8/2016 June 8, 2016Planning and Zoning Board Meeting Minutes Christine Phelps 2916 Queen Palm Drive - the property owner said he was going to build a garage, but not that it would be this humongous. She was concerned for her health once the building is constructed. She stated she often relaxes in the bedroom and it will be noisy. Vice-Chairman Kennedy verified the type of construction would be concrete block with a truss roof. Mr. Carder stated it would be and would match the existing residence. Betty Rosenberg, 2932 Queen Palm - claimed the property owner told her husband it would pretty much be a business and she has the same concerns as the other residents. Mike Solomon, 2919 Queen Palm - concerned about the structure looking like a repair shop and the noise. He state it would look like an albatross across the street. Charlotte Little, 117 Hazelwood River Road - stated it seems like this will be to make money and it should not be done in a residential area. Jack Phelps, 2916 Queen Palm - stated it is easier to build a commercial building in a residential area than in commercial and will reduce property values. Mr. Andrejkovics asked if there were other structrures in Florida Shores that were similar in size to the proposed building. Mr. Lear stated yes. Vice-Chairman Kennedy closed the public hearing. Mr. McIntosh asked if there were Code Enforcement violations at this property or his previous property. Mr. Lear stated none that he was aware of. Mr. McIntosh asked if they could postpone the decision to find out if there were. Mr. Lear stated they were not voting on any code enforcement related actions. Mr. McIntosh stated it was clear to him this was a commercial building. Mr. Andrejkovics stated he would prefer to see a lower roof-line on this structure. Mr. Wright verified that they could not prevent the building of the structure they could only limit the height. Mr. Lear stated that was correct. He then asked if they could make a motion to disapprove the request. Mr. Lear and Mrs. Brown indicated they could. A motion was made by Mr. Wright, second by Mr. Andrejkovics, to deny the variance request. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert McIntosh, Robert Andrejkovics, David Tyree, and Paul Wright5 - Absent:Pat Card, and Michael Eichhorn2 - b.VA-1607 - George Laios, owner, requesting a variance from the Edgewater Lakes RPUD Agreement for property located at 538 Safe Harbor Drive. Mr. Lear provided background information and staff's reccomendation. Mr. Andrejkovics stated to the Board that he is President of the Edgewater Lakes Homeowners Page 3City of Edgewater Printed on 7/8/2016 June 8, 2016Planning and Zoning Board Meeting Minutes Associaiton and a voting member on the Architechtural Review Committee, therefore he was part of the HOA review process. He further stated that he has no personal gain from the approval of this request. Vice-Chairman Kennedy asked if there was any reason for him to recuse himself. Mr. Lear and Mrs. Brown stated no. Vice-Chairman Kennedy opened and closed the public hearing. Mr. Tyree verified that the request was approved by the HOA. Mr. Lear stated yes and Mr. Andrejkovics commented on the approval process. A motion was made by Mr. McIntosh, second by Mr. Tyree, to approve the variance request from the Edgewater Lakes RPUD Agreement to allow a screen porch to be located no less than two-feet (2') from the rear property line . The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert McIntosh, Robert Andrejkovics, David Tyree, and Paul Wright5 - Absent:Pat Card, and Michael Eichhorn2 - c.AN-1606 - Dr. Michael Somai, applicant, requesting annexation of 2.98± acres of land located at 104 S. Cory Drive and the vacant parcel to the south. Mr. Lear provided background information and staff's recommendation Vice-Chairman Kennedy opened the public hearing. Marlene Sohm, 117 Hazelwood River Road - questioned the use of the property. Vice-Chairman Kennedy stated the request today was only for the annexation of the property, any future development would have another process to go through. inaudible name and address - questioned the property being developed as a parking lot and was concerend about the wildlife. Charlotte Little, 117 Hazelwood River Road - asked how close can they develop to the house. Vice-Chairman Kennedy there are setback requirements but that would be a hearing much furher down the road. He reiterated this request was only for annexation. Ms. Little was concerened about the oak trees on the property. Vice-Chairman Kennedy closed the public hearing. A motion was made by Mr. Andrejkovics, second by Mr. McIntosh, to send a favorable recommend to City Council for the annexation of 2.98± acres of land located at 104 S. Cory Drive and the vacant parcel to the south. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert McIntosh, Robert Andrejkovics, David Tyree, and Paul Wright5 - Absent:Pat Card, and Michael Eichhorn2 - d.CPA-1607 - Dr. Michael Somai, applicant requesting an amendment to the Page 4City of Edgewater Printed on 7/8/2016 June 8, 2016Planning and Zoning Board Meeting Minutes Comprehensive Plan Future Land Use Map to include 2.98± acres of property located at 104 S. Cory Drive and the vacant parcel to the south. Vice-Chairman Kennedy stated this request was the same property as the previous and next request. Mr. Lear provided background information and stafff's recommendation. Vice-Chairman Kennedy opened the public hearing. Inaudiable name, address and questions - Vice-Chairman Kennedy explained the process of annexing into the City and the map amendments required (stated afterwards Mitch Sohm, 117 Hazelwood River Road). He then stated the lot next to him is supposed to be residential. Vice-Chairman Kennedy indicated on the map where the residnetial portion of the lot was. Vice-Chairman Kennedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. Tyree, to send a favorable recommendation to City Council to amend the Future Land Use Map to inlcude 2.98± acres of land located at 104 S. Cory Drive and the vacant parcel to the south as Commercial. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert McIntosh, Robert Andrejkovics, David Tyree, and Paul Wright5 - Absent:Pat Card, and Michael Eichhorn2 - e.RZ-1605 - Dr. Michael Somai, applicant, requesting an amendment to the Official Zoning Map to include 2.98± acres of land located at 104 S. Cory Drive and the vacant parcel to the south as B-3 (Highway Commercial) Mr. Lear provided background information and staff's recommendation. Vice-Chairman Kennedy opened and closed the public hearing. A motion was made by Mr. McIntosh, second by Mr. Andrejkovics, to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to inlcude 2.98± acres of land located at 104 S. Cory Drive and the vacant parcel to the south as B-3 (Highway Commercial) . The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert McIntosh, Robert Andrejkovics, David Tyree, and Paul Wright5 - Absent:Pat Card, and Michael Eichhorn2 - 6. OTHER BUSINESS None at this time. 7. DISCUSSION ITEMS a. Development Services Director’s Report Mr. Lear stated he provided Board members with the most recent Quarterly Report. b. Chairman's Report Page 5City of Edgewater Printed on 7/8/2016 June 8, 2016Planning and Zoning Board Meeting Minutes None at this time c. Agency Members’ Report None at this time 8. ADJOURN The meeting adjourned at 7:24 p.m. Page 6City of Edgewater Printed on 7/8/2016