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09.21.95FROM THE LAND DEVELOPMENT COORDINATOR September 14, 1995 TO: Planning and Zoning Commission SUBJECT: Regularly Scheduled Meeting of the Planning and Zoning Commission, 7:00 P.M., Thursday, September 21, 1995, in the City Commission Chambers, City Hall, Sanford, Florida. AGENDA 1. Hold a Public Hearing to consider a Conditional Use for property located at 2559 - 2561 El Capitan Drive in a SR -1, Single Family Dwelling Residential Zoning District, for the purpose of a two family dwelling. Owner/representative: James R. Sterchi 2. Hold a Public Hearing to consider an Ordinance of the City of Sanford, Florida amending Ordinance No. 3117, Schedule A, Land Use Classifications and Schedule B, permitted uses regarding alcoholic beverages; said Ordinance being the Land Development Regulations; providing for severability, conflicts, effective date and inclusion. Representative: Jay R. Marder, Director of Planning and Development 3. Any other business from floor or Commission Members. 4. Reports from Staff. 5. Minutes. ADVICE TO THE PUBLIC. If a person decides to appeal a decision made with respect to any matter considered at the above meeting or hearing, he may need a verbatim record of the proceedings including the testimony and evidence, which record is not provided by the City of Sanford SFS 286.0105? Persons with disabilities needing assistance to participate in any of these proceedings should contact the personnel office ADA Coordinator at 330 -5626, 48 hrs in advance of the meeting. MINUTES PLANNING AND ZONING COMMISSION MEETING OF SEPTEMBER 21, 1995 7:00 P.M. CITY COMMISSION CHAFERS MEMBERS PRESENT: Lynn Stogner Michael Skat Ben Dyal Jim Valerino Mark Platts Leon Brooks Ross Robert MEMBERS ABSENT: Helen Stairs Mac McClanahan OTHERS PRESENT: Jay Marder, Director of Planning and Development Russ Gibson, Land Development Coordinator Marion Anderson, Recording Secretary The meeting was called to order at 7:00 P.M. by Mr. Valerino. The first item on the Agenda was to hold a Public Hearing to consider a Conditional Use for property located at 2559 - 2561 El Capitan Drive in a SR -1, Single Family Dwelling Residential Zoning District, for the purpose of a two family dwelling. owner/ representative: James R. Sterchi. James Sterchi, 2008 Hibiscus Ct., was present for representation. He stated that he had purchased the property 2 years ago and that he did not realize the use as a two family dwelling was a problem. He stated that he was out of town when this was called to his attention and it may have seemed like he was dragging his feet in doing something about the situation, but that he has been working on correcting the situation. He stated that he had to have the property surveyed and this took some time among other things. This area seems to have a lot of rental. There is a trailer park on Santa Barbara and two duplexes next door with a privacy fence separating the properties. Mr. Sterchi stated that this property contains a small apartment in the rear with a driveway combined with a circular driveway for the larger house. He stated that he had tried to get separate electric meters when this came to his attention. Mr. Stogner asked if the property was being used as a two family dwelling when Mr. Sterchi purchased it. Mr. Sterchi stated "yes ", and that it already had separate facilities. He stated that he had talked with his neighbor next door, and that the neighbor does not have a problem with it. In fact, the tenant in his apartment is a very good friend to the neighbor. Mr. Stogner asked if Mr. Sterchi was aware of Staff's recommendation regarding the Dimensional Variance. Mr. Sterchi stated "yes ". He stated that there is a privacy fence between the two properties. Mr. Robert asked if the two duplexes are under one ownership. Mr. Sterchi stated that he is the owner and that he did not have to get a conditional use for the two duplexes. Mr. Marder stated that the duplexes are legal and that they have been there for quite a while. Mr. Sterchi noted that there are other duplexes located along this street. Mr. Robert asked what year did he build the duplex. Mr. Sterchi stated that he did not build the duplexes, that he had purchased them within the last year. Mr. Skat asked how many people live in the back property. Mr. MINUTES PLANNING AND ZONING COMMISSION MEETING OF SEPTEMBER 21, 1995 PAGE 2 Sterchi stated a man and his wife. They have approximately 550 square feet of living space, one bedroom, a kitchen, a bathroom, and living room. Mr. Platts asked if the dimensional variance could be approved along with the Conditional Use. Mr. Marder noted that the variance could be made a part of the approval. Mr. Sterchi explained that he had made quite an improvment to the property. Mr. Robert moved to approve based on prior existence of two family dwellings adjacent to the site and the overall character of the immediate neighborhood. Mr. Dyal seconded for discussion. Mr. Robert clarified that his motion recommended the approval for a two family dwelling with no conditions. Mr. Marder noted that the Commission has the right to consider non - conforming structures as a conditional use which involves dimensional requirements. All in favor. Motion carried. The next item on the Agenda was to hold. a Public Hearing to consider an Ordinance of the City of Sanford, Florida amending Ordinance No. 3117, Schedule A, Land Use Classifications and Schedule B, permitted uses regarding alcoholic beverages; said ordinance being the Land Development Regulations; providing for severability, conflicts, effective date and inclusion. Representative: Jay R. Marder, Director of Planning and Development. Mr. Marder noted that the City Clerk has been working on updating this ordinance. He stated that she is the alcoholic beverage person. He stated that from the standpoint of the Planning and Zoning Commission, it will not change a thing. The addition of the bottle club was because the City had to provide a location for it. Mr. Marder recommended that the Planning and Zoning Commission recommend that changes go forward to the City Commission. Mr. Robert asked, concerning paragraph 3 -6, if there is a problem with the definition. Mr. Marder stated that the definitions are parallel with and contained in the State Statutes for these items. Mr. Dyal asked why is there a separate Class just for beer. Mr. Gibson stated that this Class is being combined with the sale of beer and wine for on and off premises. Mr. Stogner questioned Sec. 3 -13, the location of vendors near a school or a church. Mr. Marder stated that the land use part is exactly the same. Mr. Brooks moved to recommend approval to the City Commission. Seconded by Mr. Dyal. Mr. Robert opposed. All others in favor. Motion carried. Mr. Stogner requested that on page 5 of the Minutes, fourth paragraph, regarding the turn arrow, reflect that he had asked that something be done instead of Mr. Skat. Mr. Brooks moved to approve the Minutes as amended. Seconded by Mr. Dyal Minutes. All in favor. Motion carried. There being no further business, the meeting adjourned at 7:30 P.M. es Valerino ce Chairman From the Director Se ptember 15, 1995 of Planning and Development TO: City of Sanford Planning and Zoning Commission SUBJECT: Recommendations for Meeting of September 21, 1995 STERCHI - Request conditional use approval to permit a two - family dwelling in an SR -1, Single Family Residential Zone located at 2008 Hibiscus Court. 1. Site is Zoned SR -1, Single Family Residential and includes a principal building and an accessory structure which is being utilized as a living unit according to letter dated August 22, 1995 by applicant. Regarding the accessory structure the Building Department issued a building permit in March, 1976 for a 22' x 22' garage and in June, 1986, an interior remodeling permit to an existing garage for $2,000. The site encompasses approximately 14,300 square feet. 2. Site is adjacent to two (2) two - family dwellings located to the south. Various single family dwellings are located adjacent to site to the north, west and east. 3. Two - family dwellings require a minimum land area of 7,500 square feet. The site in question meets minimum land area requirements for a two - family dwelling. The accessory structure located on the south side of site has a 4.27' setback which complies with accessory structure building setbacks but is less than the required 7.5' side yard setback required for a single- or two - family dwelling. 3. One question is whether to expand additional two-family dwellings in the immediate area of El Capitan. Another question regards whether to consider a dimensional variance, if a two - family dwelling is to be established. 4. Recommend that the conditional use for a two - family dwelling be approved subject to obtaining a dimensional variance for the side yard building setback. This recommendation is based on the prior existence of two - family dwellings adjacent to the site and the overall character of the immediate neighborhood at the present time.