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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