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02-26-18 Special Commission MinutesMINUTES SPECIAL COMMISSION MEETING FEBRUARY 26, 2018 -4: 30 PM CITY HALL, 800 SEMINOLE ROAD IN ATTENDANCE: Mayor Ellen Glasser City Attorney Brenna Durden Commissioner Candace Kelly City Manager Joe Gerrity Commissioner Brittany Norris City Clerk Donna L. Bartle Commissioner John Stinson Recording Secretary Nancy Pyatte Commissioner M. Blythe Waters (arrived 4:38 P.M.) Pledge to the flag Mayor Glasser asked everyone to stand for the Pledge of Allegiance to the Flag. 1. Call to Order Mayor Glasser called the meeting to order at 4:33 P.M. City Clerk Bartle called the roll and Mayor Glasser noted that a quorum was present. 2. Gaglione Appeal of Variance Denial ZVAR-17-0010 Mayor Glasser read the original variance request into the record from the agenda documents. Ms. Glasser read the definition of Appeals from Section 24-49 into the record. A. City Attorney Procedural Reminders City Attorney Durden addressed the Commission and provided a detailed review of the Process and Procedure for the appeal hearing, which is to consider if the Community Development Board ( CDB) decision to deny the variance request was in conflict with or in violation of the Land Development Regulation (LDR), Sec. 24-46 Variances. Ms. Durden reviewed the Related Ordinances that provided definitions of Sec. 24-49 Appeals, Sec.24-64 Variances, and Sec. 24-17 Definitions. In summary, City Attorney Durden stated the Commission may affirm the CDB decision, reverse the CDB decision, or modify the CDB decision. Commissioner Waters arrived at 4:38 P.M.) B. Disclosure of Ex Parte Communications Commissioner Stinson confirmed he had ex parte communications with the applicant. Commissioner Kelly confirmed she had ex parte communications via email with the applicant. Commissioner Waters confirmed she had ex parte communications via email and met the applicant to view the property. Commissioner Norris confirmed she met the applicant to view the property. Mayor Glasser confirmed she met with the applicants. February 26, 2018 Special Commission Meeting Administer Oath to present testimony: Mayor Glasser administered the Oath to Planner Derek Reeves, Lori Gaglione, and William Nall. C. City Staff Overview, Documentation and Presentation/ Testimony Planner Derek Reeves addressed the Commission, referring to the slides on display of the original variance application to increase the fence height from 4 ft. to 6 ft. in the front yard. He reviewed the Staff Report and the applicant' s application including the site plan and property photos. Mr. Reeves also reviewed the slides of the Site Context and Detail, the Proposed Plan, the Need for Variance, the Analysis and Concerns, and Grounds for Decision to approve or deny. Planner Reeves explained this is a corner lot with frontage on Seminole Rd. ( 50 ft.) and Selva Marina Dr. (100 ft.), and Seminole Rd. is considered the front yard of the lot. The applicant wants to install a 6 ft. fence along Seminole Rd. as detailed on the site plan. The CDB minutes are included in the agenda packet. Planner Reeves stated there was a motion to approve the variance; it failed with a vote of 3 opposed and 2 in favor. D. Applicant' s Documentation and Presentation/ Testimony William Nall addressed the Commission stating they want to install a 6 ft. fence on the Seminole Rd. side of the property for security for their children/family, for privacy, and for a noise barrier from Seminole Rd. Mr. Nall spoke about rules and exceptions to rules. Based on the way the property, a corner lot, was platted the City considers their back yard to be the front yard and Mr. Nall stated that is the reason for requesting the variance. Lori Gaglione addressed the Commission stating her reason for the appeal is because she felt the CDB did not analyze if her particular piece of property was appropriate for a variance. Ms. Gaglione stated she felt that the CDB expressed more concerns about what other property owners would do if she put up a 6 ft. fence. Ms. Gaglione reviewed Sec. 24-64( c) Grounds for denial and ( d) Grounds for approval, noting their request did not meet any of the reasons for denial. Ms. Gaglione stated her main reason is listed under Grounds for approval ( d)( 5) Irregular shape of the property warranting special consideration — it is a corner lot, the platting makes Seminole Rd. the front yard but they consider it the back yard. The property was originally platted in 1956 and Ms. Gaglione could not confirm the code regulations for that time, stating it is unknown what changes have been made from then to the current code. In closing, Ms. Gaglione stated that they are willing to work with the City. Mr. Nall asked for clarification about where the City property starts on Seminole Rd. Planner Reeves referred to the survey slide showing the property line designation, noting the survey does not show sidewalks or pavement edge. A lengthy discussion ensued about site line issues, original construction in 1959, whether or not a reason was stated for the denial, front door and garage facing Selva Marina Dr., last LDR revision updated March 8, 2010, similar corner lots with variance considerations, side yard regulations, and the hedge being on City property. E. Closing comments by Staff and Applicant Planner Reeves stated he did not have any closing comments. 2 February 26, 2018 Special Commission Meeting Mr. Nall spoke about the ` Peace on Earth' Christmas sign that came with the house when they purchased the property. He stated they just want a nice looking fence to go with their nice looking house. Ms. Gaglione stated the main issue is the way the house is situated on the lot. Their proposed fence will be behind the hedge, will blend with the landscape and the existing neighborhood. F. Commission Deliberation and Action The Commission extended their appreciation and respect for the work and efforts of the CDB and Planner Reeves to uphold the codes. Discussion ensued from the Commission about there being no adverse impact, about exceptional circumstances with the corner lot and irregular property shape, about the criteria used for denial and/ or approval of a variance, about the 1956 property platting, about the front of the house facing Selva Marina Dr., the existing hedge is on City property and acts like a fence, and about conditioning the variance to be granted to the property owners and not go with the property. There was discussion about the Safe Routes to School on Seminole Rd. Planner Reeves confirmed it will be on the opposite side of the street from the applicant. Mayor Glasser noted there was a lot of support for this variance expressed on social media. Motion: To grant the appeal and approve the variance ZVAR-17-0010. Moved by Stinson, Seconded by Kelly Amended Motion: To grant the appeal with the condition that the variance continues with the owner, not property. Moved by Norris, Seconded by Stinson Roll Call Vote: (Amended Motion) Aye: 5 Kelly, Norris, Stinson, Waters, Glasser Nay: 0 AMENDED MOTION CARRIED Motion: To grant the appeal and approve the variance ZVAR-17-0010, as amended with the condition that the variance continues with the owner, not property. Roll Call Vote: (Original Motion as amended) Aye: 5 Norris, Stinson, Waters, Kelly, Glasser Nay: 0 MOTION CARRIED as amended 3. Adjournment There being no further discussion, Mayor Glasser declared tbp meeting adjourned at 5: 44 P.M. C ATTEST: ElieGlasser A, Mayor/Presiding Officer Donna L. Bartle, CMC City Clerk DLB/njp 3