Planning and Zoning Board

Regular Meeting Minutes

June 4, 2007

 

The Planning and Zoning Board of the Town of Melbourne Beach, Florida met in regular session on Monday, June 4, 2007 in the Community Center, 509 Ocean Avenue beginning at 7 p.m.

 

Present were Chairman Dave Campbell, Regular Members Steve Schwartz and Susan Dieterle, and Alternate Members David Clay and Sherri Quarrie. Absent was Vice Chairman Mike West.  Also in attendance were Town Manager Jim Bursick, Planning Official Dennis Ragsdale, Town Attorney Gary Sack and Town Clerk Lenore Milan.

 

Chairman Campbell called the meeting to order.

 

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The first item on the agenda was the approval of Minutes:

 

Member Dieterle made a motion to approve the minutes of April 2, 2007, which was seconded by Member Schwartz.  The motion carried unanimously by those members present.

 

The minutes of the May 7, 2007 meeting were tabled to confirm that Member Waters, not Vice Chairman West voted nay regarding the vote to recommend the Board forward the Bed and Breakfast request to the Town Commission. The motion carried unanimously by those members present.

 

Member Dieterle made a motion to approve the March 19, 2007 Visioning Meeting minutes, which was seconded by Member Schwartz The motion carried unanimously by those members present.

 

Member Schwartz made a motion to approve the April 24, 2007 Visioning Meeting minutes, which seconded by Member Dieterle. The motion carried unanimously by those members present.

 

Member Dieterle made a motion to approve the May 22, 2007 Visioning Meeting minutes, which was seconded by Alternate Member Quarrie. The motion carried unanimously by those members present.

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Chairman Campbell stated that the next item on the agenda was the discussion related to Ordinance 2006-12 Walls and Fences, as requested at the December 4, 2006 regular Planning and Zoning Board Meeting.  This Ordinance was advertised on May 18, 2007.

 

Chairman Campbell explained the history of this Ordinance, and read it by title only. He stated that the Board had eliminated decorative fences from this Ordinance.

 

Mr. Steve Walters, 416 6th Ave, inquired about the definition of a masonry fence or substantially similar type of fence.  He said this should be defined within the Ordinance.

 

There was a discussion regarding the wording and Mr. Ragsdale, the Town’s Planner suggested a requirement for masonry walls unless the Board decides the applicant had a burden.  It was then decided to change it to material structurally similar type of material.

 

Member Dieterle suggested including the placement of a five-year term, such as, if they had a wooden fence, had to upgrade in five years.  It was decided that would be included with the Visioning Plan.

 

Member Schwartz made a motion to submit this Ordinance, with the proposed amendments, stating that this was reviewed by the Board and found to be in compliance with the Comprehensive Plan, which was seconded by Member Clay. The motion carried unanimously by those members present.    

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Chairman Campbell advised that the next item on the agenda was the consideration of request by Mr. Richard Beaudoin to add Bed and Breakfast as a permitted use by Special Exception in the 8-B Residential Business Zoning District.

 

Mr. Richard Beaudoin spoke about his property, how it still has the original pine floors and bead wood, with the interior being very well maintained; that he and his wife bought the property eight years ago.  He advised of the difficult time he has had finding tenants, and spoke of their desire to turn it into a Bed and Breakfast.  He said this would be good for community and good for the business owners.  He explained his plans to have two, two-story family units where the garage is presently.  That it would not look different from the front of the house.

 

Mr. Beaudoin stated that he was seeking to add a Special Exception use in 8B for a Bed and Breakfast.

 

Town Attorney Sack advised the three ways the Board could move forward on this; the Board would determine what they want to put forward, an Administrative change to the Code, draft an Ordinance, bring it back, advertise.  The Board could send this to the Town Commission and get input from them, whether they would want a change to the Land Development Code. He said, Mr. Beaudoin, as the property owner, could issue an amendment and go through the process.

 

Chairman Campbell asked if adding a Special Exception to this zone would require a referendum under the Town’s Charter.

 

Town Manager Bursick stated that he essentially believes the options Mr. Sack outlined are appropriate, but for Mr. Beaudoin to do the process would be cumbersome.

 

There was a discussion regarding the impact, which included increase in traffic, with Chairman Campbell stating that the quickest way would be to send to the Town Commission.

 

Member Schwartz made a motion the Board recommend to the Town Commission to consider drafting an Ordinance to allow for a Bed and Breakfast in 8B by Special Exception, which was seconded by Member Dieterle.

 

Ms. Ann Downing, 801 Pine Street, stated that right now buildings there are allowed to be apartment building, is there an advantage to a Bed and Breakfast.  She was advised that a Bed and Breakfast was harder.

 

A discussion ensued regarding limiting the number of Bed and Breakfasts and to preserve the character of the structure.

 

The motion carried unanimously by those members present.

***

Chairman Campbell advised that the next item on the agenda was the discussion of Footprint area, as requested by Vice Chairman West.

 

Town Planner Ragsdale spoke about the rule and law.

 

Chairman Campbell spoke about the 60’ lots and their occupied square footage, and FAR.

 

Member Dieterle asked if we change the percentages are we changing the zoning.

 

Member Dieterle stated that we were taking more property from the property owners; that this is being caused by five lots on the Ocean.

 

Alternate Member Quarrie spoke about the breezeway and lot percentage we are taking a good stand, people want to have that breezeway.

 

There was a discussion regarding State rules, Town Planner Ragsdale stated that the State requires the Town complies with the Comprehensive Plan and the Town’s Code.

 

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Chairman Campbell advised that the next item on the agenda was the discussion of possible properties to re-zone.

 

Town Manager Bursick advised that this item was discussed at the last meeting, with the Town to provide the Board with a map showing the zoning.  He then asked if the Board felt there were any properties that needed to be re-zoned.  He discussed the re-zoning of the Library.

 

A discussion ensued with regard to several properties in the Town, and there being no reason to re-zone the Library, that this was originally for a lot on First Street, now not worth doing.

 

***

Next item was the reports for the Board of Adjustment meetings.

 

Member Dieterle advised that at the May 24, 2007 meeting, Mr. Dijon Pepaj was continued until their next meeting June 28, 2007. Mr. Pepaj was asked to submit formal site plan with actual drawings. She advised that the Variance Application 5 – 2007 to allow for excavation for construction of auger cast piles at 801 Atlantic Street, submitted by David J. Packey and Claire Marie Tomaselli was approved.  She then advised that the Chevron Variance 08-2006, be placed on the August 23, 2007 agenda.

 

Chairman Campbell advised the Board of their Joint Workshop with the Town Commission on June 6, 2007, regarding the Breezeway Ordinance, which will follow their  6:30 P.M. Special Call Meeting.

 

Chairman Campbell advised the Board of Town Planner Ragsdale’s new report on the Visioning Plan which will be included in their meeting package for the July 2, 2007 meeting.

 

The Board asked to move the Old Business item regarding accessory buildings on waterfront lots and dock sizes be placed on the July 2, 2007 agenda.

 

There was a discussion regarding a home owner turning their property into a timeshare.  Town Attorney Sack was asked to research this.  The building heights were discussed next.

 

The meeting was duly adjourned at 9:12 p.m.

                                               

                                                                        ________________________

                                                                                    David Campbell

                                                                                     Chairman

ATTEST:

 

 

_______________________

 Lenore R. Milan, Town Clerk