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05.19.88MINUTES PLANNING AMID ZONING COMMISSION Meeting of May 19, 1988 City Commission Chambers 7 :00 P.M. Members Present: Joe Dennison Eddie Keith Leon Brooks Tom Speer John Morris Gary Davidson Brent Carli John LeRoy Members Absent: Jay Malone Others Present: Jay Marder, City Planner Bettie Sonnenberg, Zoning and Arbor Inspector Bill Simmons, Director of Engineering and Planning Chairman Morris called the meeting to order at 7:00 P.M. The first item on the agenda was a public hearing to consider the request to rezone (tabled 5/5/88) from MR--1 to RC -1, that property located at 2542 S. Sanford Avenue for the purpose of a beauty shop and hare. Owner /representative: Anita Reid. After a motion to remove fran table was seconded and carried, Ms. Reid stated that she would like to have one to two beauty shop booths. Mrs. Reid believed that approxima- tely 15' of the property is already zoned RC -1. In the near future, Ms. Reid stated that they would like to remove the screened porch and pave the driveway for more parking. Chairman Morris stated that if the zoning is changed, Ms. Reid would have to come in for site plan approval. There was no one else present to speak for or in opposition to the proposed rezoning. Mr. Carli asked the Chairman if it is against Florida Law to operate a beauty shop in the presence of a single family dwelling. Chairman Morris stated that he did not know and that there are several around town. Mr. Carli stated that a beautician told him that she can not be licensed in the State of Florida to cut hair out of her own home. Mr. Carli asked if there is a difference in someone living in one side of one building and operating a beauty shop out of the other side. Chairman Morris and Mrs. Sonnenberg stated that they did not know. Mrs. Sonnenberg also stated that it is only 2' of the property that is already zoned RC -1. Mr. Dennison made motion to approve. Seconded by Mr. Keith. Mr. Carli and Mr. LeRoy in opposition. Motion carried. MINUTES Planning and Zoning Commission Meeting of May 19, 1988 Page 2 The next item on the agenda was a public hearing to consider the request for a con- ditional use (tabled 5/5/88) in a GC -2 zone, that property located at 2544 South Park Drive for a full service cca uercial banking office. Owner: Bank of Central Florida; representative: Donald C. Rogers. Mr. Davidson made motion to remove frown table, seconded by Mr. Carli, motion carried. Mr. Bill Rothman, 1401 Lee Road, Orlando, stated that he is the senior vice president for the bank and that this is the old Molly McGees Restaurant. They are planning a $1 million renovation. There was no one else present to speak for or against the proposed conditional use. Mr. Carli moved on approval.. Seconded by Mr. Brooks and Mr. Davidson. Motion carried. The next item on the agenda was the consideration of the site plan for the Rejected Stone Full Mission Missionary Baptist Church located at 1320 Shepherd Avenue in a MR -1 zone. Owner /representa - tives: Rev. & Mrs. Elijah Fields. Mrs. Fields stated that the kitchen would be used for the church and guests only. Mr. Simmons stated that staff recammends approval. Mrs. Fields stated that the traffic will enter on Main Street and exit off of Shepherd. Mr. Carli inquired as to the ditch, since 90% of the congregation will be walking. He stated that there will be nothing protecting the people frown that ditch. Mr. Carli stated that there is no buffer between the property line and the ditch and he has only the welfare of the people in mind, mainly little ones. Mr. Brooks made motion to approve site plan. Seconded by Mr. LeRoy. Mr. Carli opposed. Motion carried. The next item on the agenda was the consideration of the revised site plan for Martin Motors, an auto sales lot located at 601 French Avenue in a GC -2 zone. Owner: Vaughn Martin; representative: Andrew Kutz. Mr. Kutz stated that DOT indicated that they could leave the driveway open on 17 -92 and Staff has no problem with leaving the drive -way open. The display area has been moved back and there is no driveway to the north. Primary ingress /egress will be from the side street. Mr. Simmons stated that Staff recommends denial on the basis that the curb -cut should be closed, it is not necessary for the functioning of this parcel of land. Mr. Marder stated that one of the principals of improving transportation avenues is to prevent multiple curb -cuts. The more curb -cuts we eliminate, the better the City will function. Mr. Speer stated that French Avenue is used for commercial and asked if Staff were con- sidering closing all curb -cuts along French Avenue when they could. Mr. Marder stated that the intent here is to prevent further degradation of that road. MINUTES Planning and Zoning Commission Meeting of May 19, 1988 Page 3 Mr. Speer made reference to a letter frown the State Road Department dated April 13, 1988, a fair reading of that letter does not indicate that it is the policy of the State Road Department to encourage local governments to close curb -cuts. Mr. Speer stated that all he could find in the letter was that Florida Statutes 335.1A gives the State Road Department authority to use and close a curb -cut when it is not utilized in a site plan. Mr. Kutz stated that he understands and appreciates the need for ever increasing transportation design. Yet at the same time, no one would want to be guilty of taking something valuable away from someone without just ccapensation which is not legal in the State of Florida. If a man has a rather expensive piece of property, and the com- munity wants to adjust the value of that property for the benefit of the community then there had better be sane campensation. It is not fair, not right, and not just. Mr. Carli moved on the approval of the revised site plan including leaving the existing curb -cut open. Mr. Dennison seconded. M. Davidson, Mr. Brooks, Mr. LeRoy opposed. Motion carried. Mrs. Sonnenberg stated that City Commission action on the Residential Care Facilities Ordinance will be May 23rd for the lst reading with adoption on June 13. Mr. Carli stated that it looks like no one with the City of Sanford really cares about the old Florida Hotel. For over two weeks the garbage was stacked up and that finally it was removed this evening. The dumpster was stacked for two weeks as if it had no service. To go along with this is the continued deterioration of the building. If you look on the north side you can find a gaping hole in the building which was utilized for some reason many years ago, but now is wide open. It falls into the basement. Mr. Carli stated that he was told at the last P & Z meeting that The Reflections was licensed and had a C.O. He said he would move out of this City if this thing was ever allowed to operate in the condition that it is in. The weeds are atrocious and (the required regulations for safety and welfare of the community of the City of Sanford) the landscaping is worse than what we've ever started out with. There is no way that that should ever have had a C.O. issued and that if it has been issued it should be pulled until it was brought up to date. Everything we have talked about tonight, everything we do, somehow or another reports to the Licensing Department. There is a continuing problem with the City Planning and Zoning, with the enforcement of our rules and regulations that this Board and the City Commission has outlined. Another example is with the furniture store. Our Chairman says one thing, Staff says another. They are operating a business. In accordance to whose rules? Not by the rules that everyone else must abide by. Mr. Carli would like to see that this Board make a recommendation to the City Commission that all new businesses that require a license must have a site plan review. He wishes to make this a formal recommendation to our City Commission. Chairman Morris stated that this would be better as a topic in one of our workshops, we could set down and think about it and get into it. Chairman Morris requested that this be placed on the next workshop agenda. MINU'T'ES Planning and Zoning Commission Meeting of May 19, 1988 Page 4 Mr. Carli questioned the boat ramp. The City Commission, within their wisdom, said that the boat ramp should have or the Marina should have certain guidelines. He stated that he is sure they have the authority to do this. We elected these officials. We are the Planning and Zoning Board for the City of Sanford. When are they going to take us for what we are, what we are appointed for, and what the State Statutes say that we should do.? Mr. Carli stated that he wished that County Commissioner Kirchhoff would get involved because of the negative impact that we are going to have and the deficit that may possibly result because of the City denying, restricting, permitting, or charging our people. The people are going to go out to what is already a very hazardous situation on the west side of our community with boat trailers parked all the way from I -4 to the boat ramp. We are only going to impact this in a negative way. This Board set down three years ago and advised the City CcsmLission not to do what they then allowed, to allow John Smith to build that building out there. Now what do they do, they admit there is a problem. Since they are now admitting to a problem, that we saw three years ago, I think that we should at least have a say in what we should do to correct that problem since they created it to begin with. Seems like we were the ones with infinite wisda, that saw what was caning on and had ways to correct it. Mr. Carli is very disappointed in our City Commission in that they did not bring, at least, that decision back to P & Z. Mr. Brooks stated that at Palmetto Avenue and 3rd Street is a lot that needs cleaning and that house is depreciating. At Summerlin Avenue and 45 is a very long wait to turn left. Something needs to be done. Mr. Keith stated that in front of Hampton Gardens on lst street it is an eyesore. There are four to five newspaper dispensers setting on the sidewalk. He suggested that the dispensers could be placed in the passway. The passway needs sweeping every once in a while. Chairman Morris stated that he, Mr. Malone and Mr. Carli has been invited to take the scenic tour to Tallahassee and Taladaga with a group that is going to look at the federal penitentiary next Thursday, June 2nd. The Chairman also reminded everyone that the election for the Chairman and Vice Chairman is to be held 2nd meeting in june. Mr. Carli moved to approve past minutes as circulated. Mr. Dennison seconded. All in favor. Motion carried. Meeting adjourned at 8:00 P.M.