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03-11-2020104 N. Riverside Drive Edgewater, FL 32132City of Edgewater Meeting Minutes Planning and Zoning Board 6:30 PM Council ChambersWednesday, March 11, 2020 1. CALL TO ORDER, ROLL CALL George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, Albert Amalfitano and Eric Rainbird Present 7 - Senior Planner Bonnie Brown and Haley WalkerAlso Present 2 - 2. APPROVAL OF MINUTES a.Regular Meeting - February 12, 2020 A motion was made by Mr. Wright, second by Mr. Andrejkovics, to approve the Minutes of February 12, 2020. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, Albert Almafitano, and Eric Rainbird 7 - 3. OLD BUSINESS-PUBLIC HEARING 4. NEW BUSINESS - PUBLIC HEARING a.VA-2005 - Louis Giovanniello requesting a variance from the Land Development Code for property located at 204 Hubbell Street. Ms. Brown provided background information and recommendation. Chairman Kennedy opened the public hearing. Reverend Donna Blythe, 204 Hubbell Street, stated when the property was gifted to the church it was three (3) lots and they would like to split the parcel back into three (3) lots. She stated there were other parcels in the area of similar size or smaller. She added that their intention was to market the property and hoped to get the best return. Renee Faulkner, 125 Lamont Street, asked what type of houses would be built on the lots. Ron McNeil, 217 Hubbell Street, opposed the request as a similar request by him was denied. Chairman Kennedy asked if the Church was going to build or sell the property as vacant land. Reverend Blythe stated they wanted to sell the vacant land or the whole parcel as is. Mr. Andrejkovics stated he was curious about the type of housing proposed, but understands now Page 1City of Edgewater Printed on 4/2/2020 March 11, 2020Planning and Zoning Board Meeting Minutes that the church would be selling the property. There was further discussion regarding the properties owned by the church and their current and future uses. Reverend Blythe stated that there was a portion of Hubbell Street that was vacated and part of their property; Ms. Brown stated that was included in the proposed lot sizes. Mr. Andrejkovics asked if there was any way a portion of the property that would be for the house could be added to the two proposed lots. Reverend Blythe stated it was a possibility, but was not certain how much. There was further discussion regarding ways to makes the proposed lots larger. Ms. Brown stated she did not think they would be able to get 25-feet from the property the house sits on and maintain the required 10-foot setback from the structure to the new property line. She then stated the property could be split into two parcels, one for the house and one vacant. Mr. Andrejkovics stated he was trying to find a way to get the three (3) requested parcels. There was Board discussion regarding the size of the lots in the area. Ms. Brown stated the lots were platted in 1925 as 50-foot lots; the existing lots that are 50-feet in width were never combined with another parcel; this particular parcel was made by combining parcels and now they are asking to split it to less than what was originally platted. Chairman Kennedy asked if the house was built by the person who donated the property to the church. Reverend Blythe confirmed that and stated she thought the last time the property was sold was in 1945. Mr. Muroney stated he puts a lot of weight on what the neighbors think in a case like this, and it was obvious some of the neighbors had concerns and the only reason for dividing the property was for profit as opposed to what makes the most sense for the neighborhood as a whole. Reverend Blythe stated they were making a considerable investment in their property and wanted to try and offset some of that. Chairman Kennedy asked if the property was one block from Riverside Drive; Reverend Blythe confirmed that it was. Chairman Kennedy then stated he felt they would get a better return by having a larger lot close to the river as large houses were being built in the area. Mr. Amalfitano concurred that a larger lot would be more profitable and not devalue the neighborhood with a smaller lot. Mr. Rainbird talked about the issues that come with smaller lots and the concern with having two houses so close together. Reverend Blythe stated they were fine with whatever decision the Board made. Clint Smith, 212 Hubbell, asked if a new owner could build whatever they wanted. Chairman Page 2City of Edgewater Printed on 4/2/2020 March 11, 2020Planning and Zoning Board Meeting Minutes Kennedy stated they would have to meet the criteria for a 75' x 75' lot. Ms. Brown clarified that the setbacks for the R-3 Zoning District (75' x 115') would have to be met. Mr. Rainbird asked if the property sold would they have to request a variance and was the variance portable. Ms. Brown stated the variance would run with the land, not the property owner. Reverend Blythe asked if they could split the parcel into two. Ms. Brown stated the property could be split into two, they would have to apply for a Minor Lot Split, which was an administrative process and would not need approval from the Planning and Zoning Board. Reverend Blythe then requested to withdraw the variance request, which the Board agreed. Chairman Kennedy then stated for the record that the applicant has withdrawn VA-2005. Mr. Andrejkovics stated he appreciated the dialogue among the Board members regarding this request. This request was withdrawn by the applicant. b.VA-2006 - David Ortego requesting a variance from the Land Development Code for property located at 111 Richport Lane. Ms. Brown provided a staff report and recommendation. Ms. Brown stated staff had not recieved any objections to the request, however the applicant provided written support from four (4) neighbors. Chairman Kennedy opened the public hearing. David Ortego, 111 Richport Lane, stated their hardship is the size of their side yards. He added they were on a dead end street one block from US Highway 1. He then stated they spoke with their neighbors prior to starting this process and advised them of their plans. Chairman Kennedy confirmed there was already a pad there and the intent was to put a roof over their motorhome. Mr. Ortego stated that was correct. Chairman Kennedy stated he did not have an issue with the request since the neighbors supported it, he was concerned that the TRC recommended denial based on traffic patterns, but as the property was on a dead end road he did not see an issue with traffic. Mr. Andrejkovics stated he agreed with Mr. Maroney regarding support from the neighbors, and understands staff's view. Mr. Duane asked where the traffic hazard was at the curve, he stated he felt the curve was a benefit. Mr. Maroney stated it was close to the street and that was a concern, but due to the irriegular shape of the lot he was supportivie of the request. Mr. Amalfitano asked if the structure would match the house. Mr. Orteo stated they recently made a Page 3City of Edgewater Printed on 4/2/2020 March 11, 2020Planning and Zoning Board Meeting Minutes lot of improvements to the property and the garage would match the house once complete. There being no further discussion Chairman Kennedy closed the public hearing. Mr. Andrejkovics then reiterated his appreication for the dialogue among the Board members. A motion was made by Mr. Andrejkovics, second by Mr. Duane, to approve VA-2006. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, and Albert Almafitano 6 - No:Eric Rainbird1 - Mr. Rainbird stated that as a new member he did not feel it was appropriate to go against the TRC, but he was not the deciding vote and Mr. Ortego was still going to get his garage. He did feel however that it should be moved closer to and be attached to the house. c.VA-2003 - Anthony Adorante requesting a variance from the Land Development Code for property located at 1716 Mango Tree Drive. Ms. Brown provided a staff report and recommendation. She stated that staff has received written support from the adjacent property owner and did not recieve any objections. Mr. Wright confirmed the shed would be removed as indicated on the plans. There being no further discussion Chairman Kennedy opened the public hearing. A motion was made by Mr. Wright, second by Mr. Rainbird, to approve VA-2003. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, Albert Almafitano, and Eric Rainbird 7 - d.VA-2004 - Joan Yager requesting a variance from the Land Development Code for property located at 1615 Victory Palm Drive. Ms. Brown provided a staff report and recommendation. Chairman Kennedy opened the public hearing. There being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Maroney, second by Mr. Andrejkovics, to approve VA-2004. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, Albert Almafitano, and Eric Rainbird 7 - Page 4City of Edgewater Printed on 4/2/2020 March 11, 2020Planning and Zoning Board Meeting Minutes e.VA-2007 - Chris Pappas requesting a variance from the Land Development Code for property located at 612 North Ridgewood Avenue. Ms. Brown provided a staff report and recommendation. Chairman Kennedy opened the public hearing. Mr. Andrejkovics stated this was a positive move and felt the Board should support the businesses. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. Maroney, to approve VA-2007 with the condition that the sign be moved 10-feet to the west. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, Albert Almafitano, and Eric Rainbird 7 - Chris Pappas, property owner stated if he moved the sign 10-feet back he would have a hard time renting units and would lose his property. He stated it was not fair and he would be put out of business. Mr. Maroney stated he goes to the car wash to the north and if the signed obstructed the visibility of vehicles exiting the liability could be catastrophic. He did believe that if a ground sign was constructed in the existing location it would obstruct the visibility for vehicles existing the car wash and would open Mr. Pappas to liability. There was additional discussion of where the sign would be located based on the variance approval. Mr. Pappas asked how tall the sign could be. Ms. Brown stated the Code permits up to eight-feet (8'), however the variance was just approved to allow this sign to be 11-feet tall. Chairman Kennedy stated he was now permitted to have a sign three-feet (3') taller than other new signs. Mr. Pappas stated 10-feet back was unreasonable. Chairman Kennedy stated they already voted on the request and approved the increased height. Mr. Duane stated bringing the sign to ground level will provide more visibility of the sign, and it would not be obstructed in any way. Mr. Rainbird asked if he was willing to move it 10-feet to the north, why was it an issue to move it 10-feet to the west. Mr. Pappas stated he should be given a break. Mr. Rainbird stated lowering the sign in the current location would be a hazard for people turning out of the car wash. Mr. Amalfitano stated the sign was to be moved 10-feet closer to the building,and was still a large visible sign. Ms. Brown attempted to show where the sign would be located upon moving. Mr. Page 5City of Edgewater Printed on 4/2/2020 March 11, 2020Planning and Zoning Board Meeting Minutes Maroney stated the minimal cost to move the sign outweighs the cost of a lawsuit if someone were to get hit coming out of the car wash. Mr. Pappas stated with all of the sign changes he has to make, including this one he is going to be put out of business. Chairman Kennedy stated that was not their intent, but they have to consider visibility and safety in addition to his livelihood. Mr. Wright asked if he could keep the sign where it is with no changes. Ms. Brown stated with no changes to the sign it can remain in the existing location, changes would include replacing any business names on the sign. Mr. Pappas stated his plans for changes to the sign face. Mr. Andrejkovics stated that would then require the sign to be lowered. Ms. Brown confirmed that the stated modifications would then require the sign be brought into compliance with the Code. Mr. Wright asked if there was a variance to allow changes to be made to the sign without having to bring it into compliance. Mr. Pappas stated the signs change year-round as tenants change; he further spoke about the vacancies in the building and the bills he has to pay, now being required to cut his sign off will put him out on the street. Chairman Kennedy stated they already voted on the request. Mr. Pappas stated he didn't understand the process; Chairman Kennedy replied that he asked if anyone wanted to speak on the request before voting. Mr. Pappas then complained that he did not specifically ask him by name to speak and it was not his problem. Chairman Kennedy apologized to which Mr. Pappas stated it was not fair and they were going to cost him his life because they were not giving him a break. Mr. Pappas asked how many years they will give him to move the sign. Chairman Kennedy stated the sign would have to moved in order to make any changes to the sign. Mr. Pappas told the Board to give him five (5) years. Chairman Kennedy advised Mr. Pappas that if any changes were made without correcting the sign Code Enforcement could take action; if no changes were made he could wait five (5) years to move it. Mr. Pappas then stated they were giving him no chance to stay in business in which Chairman Kennedy apologized again. There was then additional discussion regarding Mr. Pappas not being called by name specifically to speak on the request when Chairman Kennedy called for any comments from the public. Mr. Rainbird asked for clarification as to why Mr. Pappas was concerned about moving the sign when he was willing to bring it to ground level. Mr. Pappas replied that it could be five-feet (5') not 10. Mr. Rainbird stated if the sign was lowered but not moved the variance would be null and void and he could then be fined. Mr. Pappas then stated they closed his case without allowing him to speak, Mr. Rainbird stated the request would have been denied if he was not willing to move the sign as he believed in Staff's recommendation that it would cause an obstruction. Mr. Wright stated the condition was to improve visibility for drivers. Mr. Pappas then said it could be five (5) or six (6) feet, but not 10. Mr. Duane stated the cost to Page 6City of Edgewater Printed on 4/2/2020 March 11, 2020Planning and Zoning Board Meeting Minutes move the sign five-feet (5') or 10-feet would be the same, to which Mr. Pappas said it didn't matter because people would not be able to find the plaza. Chairman Kennedy then advised Mr. Pappas he could appeal the decision to City Council. f.VA-2008 - Paula Amalfitano requesting a variance from the Land Development Code for property located at 125 Hollow Oak Trail. Ms. Brown provided a staff report and recommendation. Ms. Brown advised the Board that Mr. Amalfitano was permitted to speak about the request but must abstain from voting. Chairman Kennedy opened the public hearing. Albert Amalfitano, 125 Hollow Oak Trail, provided additional information regarding his request and issues with the Homeowner's Association. Mr. Andrejkovics asked about the legalities of the HOA By-Laws. There was discussion regarding the authority of HOA. Chairman Kennedy asked how this property was the only one from this development in the City; Ms. Brown stated the ISBA Agreement with Volusia County allows annexation of any property within the boundary area. There being no further discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. Andrejkovics, to approve VA-2008. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, and Eric Rainbird 6 - Abstain:Albert Almafitano1 - g.The City of Edgewater requesting an amendment to the Comprehensive Plan Capital improvements Element (CIE) and the Capital Improvement Program (CIP). Ms. Brown provided a staff report and recommendation. Chairman Kennedy opened the public hearing. There being no discussion Chairman Kennedy closed the public hearing. A motion was made by Mr. Wright, second by Mr. Maroney, to send a favorable recommendation to City Council for the amendment to the Comprehensive Plan Capital Improvements Element and the accompanying Capital Improvements Program. The MOTION was APPROVED by the following vote: Yes:George Kennedy, Robert Andrejkovics, Paul Wright, Thomas Duane, Burton Maroney, Albert Almafitano, and Eric Rainbird 7 - Page 7City of Edgewater Printed on 4/2/2020 March 11, 2020Planning and Zoning Board Meeting Minutes 5. DISCUSSION ITEMS a. Development Services Director's Report None at this time. 6. ADJOURN There being no further business to discuss, the meeting adjourned at 7:41 p.m. Minutes Respectfully Submitted by: Bonnie Brown Senior Planner Page 8City of Edgewater Printed on 4/2/2020 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS CE FORM 8B - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. LAST NAME—FIRST NAME—MIDDLE NAME MAILING ADDRESS CITY COUNTY DATE ON WHICH VOTE OCCURRED NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ‰ CITY ‰ COUNTY ‰ OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: ‰ ELECTIVE ‰ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a “relative” includes only the officer’s father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A “business associate” means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) Amalfitano - Albert - Luis Planning and Zoning 125 Hollow Oak Trail Edgewater Redfish Cove 11 March 2020 Volusia ✔ ✔ dotloop signature verification: dtlp.us/tLqe-QmVM-Wx3v CE FORM 8B - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, _________________________________________, hereby disclose that on ______________________________________, 20 ____ : (a) A measure came or will come before my agency which (check one or more) ___ inured to my special private gain or loss; ___ inured to the special gain or loss of my business associate, _______________________________________________________ ; ___ inured to the special gain or loss of my relative,_________________________________________________________________ ; ___ inured to the special gain or loss of ________________________________________________________________________ , by whom I am retained; or ___ inured to the special gain or loss of _____________________________________________________________________ , which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. ___________________________________________________ _______________________________________________ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. Albert Amalfitano 11 March 20 I own the home at 125 Hollow Oak Trail Edgewater FL 32141. I am a member of the planning and zoning board. dotloop verified 03/04/20 10:58 AM EST MBPJ-EHUS-C98R-NSU1Albert Amalfitano03/04/2020 dotloop signature verification: dtlp.us/tLqe-QmVM-Wx3v