02-16-21 CDB Adopted minutesPresent:
MINUTES
Community Development Board (CDB) Meeting
Tuesday, February 16, 2021 - 6:00 PM
Commission Chamber
Linda Lanier, Member
Jennifer Lagner, Member
Kirk Hansen, Chair
James Moyer, Member
Sylvia Simmons, Member
Brian Major, Member
Jeff Haynie, Member
Absent: None
Also Present:
Brenna Durden, City Attorney (CA)
Valerie Jones, Recording Clerk
Abrielle Genest, Plaimer
Amanda Askew, Planning and Community Development Director (PCDD)
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 6:00 p.m. by Chair Hansen.
A. Chair Hansen asked for a motion to vote to allow Board Members James Moyer
and Sylvia Simmons to attend, participate and vote electronically due to
extraordinary circumstances due to the coronavirus.
MOTION: To allow Board Members James Moyer and Sylvia Simmons to attend,
participate and vote electronically.
Motion: Jeff Haynie
Second: Linda Lanier
Linda Lanier (Seconded By) For
Jennifer Lagner For
Kirk Hansen For
James Moyer For
Sylvia Simmons For
Brian Major For
Jeff Haynie (Moved By) For
Motion passed 7 to 0.
Community Development Board (CDB)
February 16, 2021
2. APPROVAL OF MINUTES
A. Approve minutes of the November 17, 2020 regular meeting of the Community
Development Board.
MOTION: To approve the minutes of the November 17, 2020 regular meeting of the
Community Development Board.
Motion: Linda Lanier
Second: Jeff Haynie
Linda Lanier (Moved By) For
Jennifer Lagner For
Kirk Hansen For
James Moyer For
Sylvia Simmons For
Brian Major For
Jeff Haynie (Seconded By) For
Motion passed 7 to 0.
3. OLD BUSINESS
There was no old business.
4. NEW BUSINESS
A. ZVAR21-0001 PUBLIC HEARING (Kyle and Leia Leiser)
Request for a variance to the platted Building Restriction Line (BRL) at 50 Forrestal
Circle South.
Chair Hansen asked Ms. Durden to swear in all people speaking. Ms. Durden asked
anyone who plans on speaking to raise their hand (including the Planning Department
Staff). She held the swearing in of all applicants, public speakers and staff.
STAFF REPORT: Director Askew presented the information as explained in the staff
report. She also provided a PowerPoint presentation.
Ms. Simmons asked about any encroachment on the neighbors. Director Askew
explained where the addition would be in regards to an existing fence. Ms. Lanier
wanted clarification on the 20 foot and 30 foot restrictions. Director Askew explained
that the developer established the 30 foot setback line through the platting process and
the zoning district requirement is only 20 feet. She recalled that the code says to
follow the platted restriction and that is why the applicant has applied for a variance to
get relief from the building restriction line (BRL). Mr. Haynie asked about the rear
yard setback requirement. Director Askew said that requirement will be met.
APPLICANT COMMENT: Kyle Leiser introduced himself and his wife Leia as the
applicants and confirmed they had been sworn in. He explained their desire to build an
Community Development Board (CDB)
February 16, 2021
addition and expand their home for their growing family. Mr. Leiser said the front
yard setback took away approximately 50% of their buildable area.
PUBLIC COMMENT: Lois Jernigan introduced herself as a neighbor of the
applicants and confirmed she had been sworn in. She had a complaint regarding
neighborhood traffic and not this variance. Director Askew suggested she attend a City
Commission Meeting.
Leia Leiser introduced enlarged photos of the property and plans which Mr. Moyer and
Ms. Simmons were not able to see. They were taken into record but weren't able to be
used by the Board in making a decision on the variance.
BOARD DISCUSSION: Mr. Moyer asked if there had been any complaints regarding
this request. Director Askew said that to her knowledge there were no complaints. Mr.
Major asked how this is similar or different to a PUD. Director Askew said it is similar
in regards to a PUD having a written description (text) whereas a plat is on the actual
filed and recorded plat with the county. A plat restriction is difficult to remove because
you can't just change the text like you would in a PUD. She explained that you would
have to get the entire community to sign -off on a new plat. Ms. Durden added that
because the building restriction line (BRL) is part of a plat, the only way to change it is
to re -plat or amend the plat. She said everyone who is part of the plat and each
mortgage holder (banks) would have to sign the re -plat. Ms. Durden said it is possible
to re -plate one lot at a time but it is a very lengthy process. She added that the code
says if the BRL is more onerous (greater -deeper) than the zoning provision, then the
BRL is applicable. Chair asked Ms. Durden if the Board has the authority to make an
exception to the BRL and she said they do. Ms. Simmons said that grounds for
exception #5 would apply to this situation. Ms. Lanier spoke about other
neighborhoods that have these same situations where the front yard isn't clear. Mr.
Haynie agreed that grounds for exception #3 and #5 are easily met with this request.
MOTION: To APPROVE ZVAR21-0001 based on grounds of exception #3 and #5.
Motion: Jeff Haynie
Second: Linda Lanier
Linda Lanier (Seconded By) For
Jennifer Lagner For
Kirk Hansen For
James Moyer For
Sylvia Simnrorrs For
Brian Major For
Jeff Haynie (Moved By) For
Motion passed 7 to 0.
Community Development Board (CDB)
February 16, 2021
B. UBEX21-0001 PUBLIC HEARING (Don Morris, Firefly Bay)
Request for a use -by -exception to allow live entertainment within the Commercial
General zoning district at 725 Atlantic Boulevard, Suite 6.
STAFF REPORT: Director Askew presented the information as explained in the staff
report. She also provided a PowerPoint presentation. Mr. Major asked how noise can
be limited. Director Askew said that noise is typically measured by decibels but our
code is subjective and the Police Department determines the violations.
APPLICANT COMMENT: Don Morris introduced himself and his business partner
as the applicants. He explained that they will be opening up a contemporary
American -fare (upscale casual) restaurant and would like to have live music indoors 4-
5 nights a week.
Mr. Major asked if the music would be outside at any time and Mr. Morris said it
would not. Mr. Haynie asked what type of music they would provide. Mr. Morris said
they will focus on acoustic or duo during the week and a full band on the weekends.
Mr. Haynie asked what the restaurant hours would be. Mr. Monis said they plan on
opening at 11:00 a.m. and closing around 10:00 p.m. during the week. He said that on
the weekends they would close at either midnight or 1:00 a.m. Mr. Haynie asked what
steps they were taking to make sure the music isn't over powering. Mr. Monis said
they were considering acoustic tiling, possible insulation of the wall between his
restaurant and Cantina Louie next door. Chair Hansen asked if the music would play
until midnight or 1:00 a.m. Mr. Morris said they would play it by ear but for now that
was there plan. Chair Hansen asked Director Askew if this would meet the code. She
said that if the music is interior and you can't hear it from the property line then they
would not be in violation of the noise ordinance. Mr. Haynie asked if the music would
be tightly contained so the neighbors wouldn't hear it. Mr. Morris said they will do
testing to make sure it can't be heard by the neighbors.
PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There
were no public comments.
BOARD DISCUSSION: Ms. Simmons asked the Board if there were conditions that
can be applied other than the ones in the code (i.e. hours, volume, etc.) Mr. Moyer
agreed with Ms. Simmons and wants to make sure there are no noise level issues. Mr.
Major asked Director Askew if she knew of any complaints against other restaurants.
She said she wasn't aware of any but that those were handled by the Police Department.
Ms. Lanier asked if they were leaning toward more of a music venue. Mr. Morris said
they were not. He said they want to be known first as a restaurant. Mr. Haynie asked
what the code says about complaints coming back to the Board. Director Askew said
that for an issue to come back to the Board the restaurant would have to violate the
motion. She said if the Board makes a motion with conditions and it was violated then
it could be brought back to the Board but most of the time violations are brought back
through Code Enforcement. Ms. Durden read Section 24-63(h) of the code that
explains the process and said it would be unlawful for the restaurant to violate any
conditions of the use -by -exception. Chair Hansen asked if the Board wanted to put
condition on this request or leave it as is. Ms. Simmons suggested that any conditions
Community Development Board (CDB)
February 16, 2021
be consistent with other restaurants. Director Askew believed that other restaurants
probably played music until 2:00 a.m. which is the time that you can stop serving
alcohol. Mr. Haynie said that if the near -by restaurants were closing at 10:00 p.m. then
the noise issue may not matter. Chair Hansen said he didn't have a problem granting
this use -by -exception without additional conditions since conditions are in the code.
Ms. Lanier confirmed with Director Askew that the music will only be inside the
building. She confirmed that was correct.
MOTION: To APPROVE UBEX21-0001 with the condition that music be limited to
indoors.
Motion: Jeff Haynie
Second: James Moyer
Linda Lanier For
Jennifer Lagner For
Kirk Hansen For
James Moyer (Seconded By) For
Sylvia Simmons For
Brian Major For
Jeff Haynie (Moved By) For
Motion passed 7 to 0.
5. REPORTS
There were no reports.
6. PUBLIC COMMENT
There were no further comments.
7. ADJOURNMENT
There being no further discussion, Chair Hansen declared the meeting adjourned at 6:52 p.m.
Attest:
Amanda Askew
Kirk Hansen, Chair
Community Development Board (CDB)
February 16, 2021