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11/27/1990 (2) " I', . ~: ' . " J, ~ . .' ," .' . , . I ":. ~ \ ~. .' '. '/ .. '. ~ .', <. I .. '. . '. '. ' ' " .', ~ " " . , . I " . ACTION AGENDA PLANNING & ZONING BOARD MEETING TUESDAY, NOVEMBER 27, 1990. , :30 PM \ ; I I" " ,/1.' (, Il Eel:' r ~, '.'~ X" 04_ VJ:") PLEDGE OF ALLEGIANCE INVOCATION IliM ACTION t~OV 29 199t A. APPROVAL OF MINUTES 1. November 13, 1990 Continued L..J i Y CONDITIONAL USES. ANNEXATION, ZONING. lAND USE PLAN AMENDMENTS, LANQ. DEVELOPMENT CODE TeXT AMENDMENTS. AND LOCAL PLANNING AGENCY REVIEW: THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR CONDITIONAL USE REQUESTS IS GIVEN UNDER OATH. Cj' t,""t). , - ....,,! ......{ . 1\. 1. The ChaIrperson reads from the Public HearIng Notice each item os It Is presented. 2. The staff report and pertrnent background Information are presented. . 6 mlnutus maxImum. 3. Staff presents any supporting written documents. 4. Staff presents any opposing written documents. 6. The applicant or his representative presents his case. . 5 mlnutos maximum. 6. Persons who support the application speak - 3 minutes mDxlmum for eDch Indlvldunl; or spokesperson for group. 10 mlnuto! maximum. 7. Persons who oppose tho application speak. J minutes maxImum for oach Indlvlduol; or spokusperson for group . 10 minutes maximum. 8. Persons supporting the application (other than applicantl may speak In rebuttal. 3 minutes maximum. 9. Persons opposing may speak In rebuttal. 3 minutes maximum. 10. The applicant has an opportunity lor final rebuttal. 5 minutes maximum. 11. Public Hearings ara closed. 12. Dlscuss[on by the Board. 13. The Board makes a decisIon. .( ;:-..' FLORIDA STATUTE 286.0106 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. Part of Blk. 6, Wallace's Addn. to Clearwater (608 Turner Street) Harold S. & Hazel M. Wallace CU 90-BO Continued to 12/11/90 Request . To permit outdoor retail sales display and/or storage of plants ' I Zoned - CG (General Commercial) .. . C. CONDITIONAL USES: 1. Lots 6.1 1. Blk 0, Baysido Sub. H6 (830 Bayway Blvd., Unit AI Clearwater Yacht Club, Inc. CU 90.83 Approlled subJoct to tho following condItion: Tho buHdlng permit ba obtalnod within six (61 months of the dete of this hoarlng. I ,,~, Request. To permit marina dockmastcr's offico Zoned . CR.28 IResort Commercial} and ALlC (Aquatic LandstCoastall P & Z ACTION AGENDA 11/27/90 I " I I 0' ,. f. '..: ' ,0 /...' . ',' 0 " 0 0 . ',' O. .' "I ~ . . . . .0'" . 2. Part of lot 9, Sec. 19.29-16, Pine lias Continued to 12/1 '/90 ." G~oves Sub. (1456 S. Deicher Rd.1 Meteo Development Corp. CU 90-84 Aequest - To permit use not specified In ,"- , code, smokehouse (mainly for fishl Zoned . CG (General Commercial) 3. lots 72-79, Clearwater Beach Park Contlnuod to ,\2111/90 (454 Mandalay Ave.1 Michael N. Kambcros and Alexander and Mary Dervceh IBeach Bar & Loungel CU 90-85 Request - To permit on premise consumption and package sales of becr, wine and liquor (CHANGE OF OWNERSHIP) Zoned - CB IBeach Commerclall 4. lots 2 and 3, Miller's Replat, and vacated Approved subject to tho following condItions: portion of Beach Orlve, 11 The requisite occupational license .holl be 17 Rockaway St. I obtaIned within sIx (61 months from the dote of Charles and YpapanU Alexlou/Anthony thIs hearlno; Alexlou 2) Tho applicant sholl execute a waiver CU 90-B6 agroement pursuant to City Ordinance 4960.90 prIor to obtaIning Bn occupational license and Request - To permit use not speclfled In sholl odhore to the roqulremonts of the wolvor code. rental of motorized personal agreement and ordinance: watercraft Iwaverunners) 3) OperatIon of these watorcraft sholl be Zoned - CR-28 (Resort Commercial). OSIR rasfrlcted to tho oroa from Plor 60 northward; IOpen Space/Recreation) and Al/C 41 Tho propollordrlven chase boot sholl operata -" IAquatfc Lands/Coastal) at Idle speed excopt In cases of emergoncy only: 5) ThIs conditional use permit Is limited to tho operatIon of the business bV Mark RobInson only; 61 AnV refuollng of watorcraft shall be done on private property 'only: 71 The numb or of rontol watercraft shan be IImltod os follows: five (5) sellboords, two (21 oquacyclos. flvo (5) catamarans, one (1) sunfish, four (4) wDverunners plus ona (11 choso boot. 5. M&B 23.1', Sec. 21.28.16 Approvod subJoct to tho followIng condition: (3130 McMullen-Booth Ad.' Tho requisIte bulldlng permit shall be obtained Robert B. and Sarah Hardy wIth stx (6) months from tho dote of thIs public IWee Care Preschooll hoorlng. CU 90-87 Request - To permit child day care {expansionl Zoned - P/SP (Public/Semi-public) ...-.......- P & Z ACTION AGENDA 2 "/21/90 ITEM A. APPROVAL OF MINUTES 1. November 13, 1990 ACTION AGENDA PLANNING & ZONING BOARD MEEiING TUESDAY, NOVEMBER 27, 1990 - 1 :30 PM r PLEDGE OF ALLEGIANCE INVOCATION CONDITIONAL USES, ANNEXATION. ZONING, LAND USE PlAM AMENDMENTS, LAND DEVELOPMENT CODE TEXT AMENDMENTS, AND LOCAL PLANNING AGENCY REVIEW: THE BOARD FOLLOWS THE PROCEDURES OUTLINED BELOW. ALL TESTIMONY FOR CONDITIONAL USE REQUESTS IS GIVEN UNDER OATH. l ' (, ...... 1. The Chairperson reads from the Public Hearing Notice each item as it is presented. 2. The staff report and pertinent background information are presented. - 5 minutes maximum. 3. Staff presents any supporting written documents. 4. Staff presents any opposing written documents. 5. The applicant or his representative presents his case. - 5 minutes maximum. 6. Persons who support the application speak - 3 minutes maximum for each individual; or spokesperson for group - 10 minutes maximum. 7. Persons who oppose the application speak - 3 minutes maximum for eacl1lndividual; or spokesperson for group - 10 minutes maximum. 8. Persons supporting the application (other than applicant) may speak in rebuttal - 3 minutes maximum. 9. Persons opposing may speak in rebuttal - 3 minutes maximum. 10. The applicant has an opportunity for final rebuttal - 5 minutes maximum. 11. Public Hearings are closed. 12. Discussion by the Board. 13. The Board makes a decision. FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. Part of Blk. 6, Wallace's Addn. to Clearwater (606 Turner Street) Harold S. & Hazel M. Wallace CU 90-80 Request - To permit outdoor retail sales display and/or storage of plants Zoned - CG (General Commercial) C. CONDITIONAL USES: 1. Lots 5-11, Blk 0, Bayside Sub. #6 (830 Bayway Blvd., Unit A) Clearwater Yacht Club, Inc. CU 90-83 i \ " Request - To permit marina dockmaster's office Zoned - CR-28 (Resort Commercial) and Al/C (Aquatic Lands/Coastal) P & Z AGENDA 1 11/27/90 Request. To permit child day care (expansion) Zoned - P/SP IPublic/Semi-public) , f 2. Part of Lot 9, Sec. 19-29-16, Pinellas Groves Sub. (1455 S. Belcher Rd.) Meteo Development Corp. CU 90-84 (-" ':';',-. Request - To permit use not specified in code, smokehouse (mainly for fishl Zoned - CG (General Commercial) 3. Lots 72-79, Clearwater Beach Park (454 Mandalay A.ve.) Michael N. Kamberos and Alexander and Mary Dervech (Beach Bar & lounge) CU 90-85 Request - To permit on premise consumption and package sales of beer, wine and liquor (CHANGE OF OWNERSHIP) Zoned - CB (Beach Commercial) 4. Lots 2 and 3, Miller's Replat, and vacated portion of Beach Drive, (7 Rockaway St.) Charles and Ypapanti Alexiou/Anthony Alexiou CU 90-86 Request - To permit use not specified in code, rental of motorized personal watercraft (waverunners) Zoned. CR-28 IResort Commercial), OS/R (OpenSpace/Recreation) and ALlC (Aquatic Lands/Coastal) if ' t:, , "<t~..~; 5. M&B23.11, Sec. 21-28-16 (3130 McMullen-Booth Rd.) Robert B. and Sarah Hardy (Wee Care Preschool) CU 90-87 D. ANNEXATION, ZONING. LAND USE PLAN AMENDMENT, LAND DEVELOPMENT CODE TEXT AMENDMENT, AND LOCAL PLANNING AGENCY REVIEW. None. E. Chairman's Items. F. Director's Items. G. Board and Staff Comments. l, P & Z AGENDA 2 11/27/90 MINUTES PLANNING & ZONING BOARD TUESDAY, NOVEMBER 27, 1990 Members Present: Chainnan Johnson, Ms. Nixon, Messrs. Mazur, Schwob, Ferrell, Hamilton and Gans (' Also Present: James M. Polatty, Director of Planning and Development Scott Shuford, Planning Manager Doreen Feldhaus, Recording Secretary Chairperson Johnson outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of tbe Planpjng and Zoning Board, with regard to conditional uses, has two weeks from this date in which to file an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of tlris Board to have a record of the proceedings to support the appeal. ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED IN THAT ORDER. A. APPROVAL OF l\fINUTES 1. November 13, 1990 Chairman Johnson advised the minutes were not completed at this time. B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: 1. Part of Elk. 6, Wallace's Addn. to ClealWater (606 Turner Street) Harold S. & Hazel M. Wallace CU 90-80 Request - To permit outdoor retail sales display and/or storage of plants Zoned - CG (General Commercial) " \~t'" Mr. Shuford gave the background of the c~e and submitted, in writing, the st!lff recommendation. Mr. Shuford stated this item was continued from November 13, 1990 due to an error in advertising. In response to questions by the Board, Mr. Shuford stated that the applicant's site plan indicates the parking lot will be paved. In the applicant and/or representative's absence a motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to move this request to the end of the meeting to allow the applicant the opportunity to appear. Motion carried unanimously (7 to 0). At the close of the meeting, the applicant not having appeared, a motion was made by Mr. Schwob, and seconded by Mr. Mazur to continue the above request to December 11, 1990. Motion carried unanimously (6 to 0). (Note: Mr. Ferrell left at 4:00 p.m.) C. CONDITIONAL USES: 1. 1-<>15 5-11, Blk D, Bayside Sub. #6 (830 Bayway Blvd., Unit A) ClealWater Yacht Club, Inc. CU 90-83 Request - To permit marina dockmaster's office Zoned - CR-28 (Resort Commercial) and AL/C (Aquatic Lands/Coastal) Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. I ( \'- Joseph Place, 613 Century Dr., Largo, applicant's representative, stated this request had been previously approved on January 3, 1989 by the Planning & Zoning Board, however the project was not completed due to financial problems. Mr. Place stated fmancing has been secured and extensive renovations to the club are underway. Mr. Place noted that this location was selected especially for safety; the dockrnaster's office will overlook the entire yacht club and the boat traffic entering and leaving Clearwater Harbor. Mr. Place asked that the Board approve this request. P & Z MINUTES 1 11/27/90 3. Lots 72-79, ClealWater Beach Park (454 Mandalay Ave.) Michael N. Kamberos and Alexander and Mary Dervech (Beach Bar & Lounge), CU 90-85 Request - To pennit on premise consumption and package sales of beer, wine and liquor (CHANGE OF OWNERSHIP) Zoned - CB (Beach Commercial) In response to questions by the Board, Mr. Place state<l there are no changes from the previous request. No persons appeared in support of or in opposition to the above request. (" Motion was made by Mr. Schwob, and seconded by Mr. Mazur, to approve the above request subject to the following condition: the building permit be obtained within six (6) months of the date of this hearing. Motion carried unanimously (7 to 0). 2. Part of Lot 9, Sec. 19-29-16, Pinellas Groves Sub. (1455 S. Belcher Rd.) Metco Development Corp. CU 90-84 Request - To permit use not specified in code, smokehouse (mainly for fish) Zoned - CG (General Commercial) Mr. Shuford stated that a telephone message was received just prior to the meeting that the applicant had a personal emergency and could not attend the meeting, nor could a representative be sent. Mr. Shuford suggested any persons attending for this item be allowed to speak. Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. In opposition, Alfred Flandreau, 1433 So. Bekhel' ROlld, E-9, President of Imperial Court No. 3 Association, stated most of the residents are in their 80's and this use could adversely affect their health. In opposition, Harold Johnson, 1433 So. Belcher Ro:ad, C-2, stated he is a member of the Board of Directors of the Condo One Association (across the street from Mr. Flandreau) and that the association is strongly opposed to allowing a smokehouse at this location as it would be detrimental to the community. Mr. Gans stated he had spoken to the applicant who told llim that after reading the staff report he felt he could not achieve what he intended without enclosing and air conditioning the smokehouse, which would not be feasible. Mr. Gans asked the message from the applicant be read into record. Ms. Feldhaus stated the message read "personal emergency... wants to postpone n. , , , Discussion ensued with the Board members expressing concerns including the following: the possibility of an inside smokehouse with venting, and the fact that this is not a restaurant. Motion was made by Mr. Schwob, and seconded by Mr. Hamilton, to continue the above request to December 11, 1990. Motion carried unanimously (6 to 1), with Mr. Gans voting "nay" as the applicant had indicated to him that he could not comply. Mr. Shuford gave the background of the case and submitt~, in writing, the staff recommendation and advised one letter in opposition had been received. Richard Bennison, 1446 C()urt St., attorney representing the applicant, stated that the staff report accurately summarized the request which is a grandfatl'lered change of ownership situation, there will be no changes to the business and that all criteria has been met. Discussion ensued regarding the ownership of the business. Mr. Hamilton stated he has a conflict of interest and will not be participating in the voting or discussion on this request. l In response to questions by the Board, Mr. Bennison stated there are 3 parking spaces located at the rear of the building, and that the proposed owners have considerable experience in the restaurant field. In opposition, John Pimenidis, 4S Papaya St., stated that patrons leave the Beach Bar intoxicated, damage P & Z MINUTES 2 11/27/90 4. Lots 2 and 3, Miller's Replat, and vacated portion of Beach Drive, (7 Rockaway St.) Charles and Ypapanti Alexiau/ Anthony Alexiou, CU 90-86 Request . To permi t use not specified in code, rental of motorized personal watercraft (wavenm.ners) Zoned - CR-28 (Resort Commercial), OS/R (Open Space/Recreation) and AL/C (Aquatic Lands! Coastal) his property breal<ing windows, sleep on his property, and nlake noise which prevents him from sleeping. He noted that since the bllr has been closed the urca is very quiet. Mr. Pimenidis felt there are already many alcoholic beveragc businesses in the area and asked that the Board deny this request. r / In opposition, AlIRe (;arris, 38 ACllcia St., stated she would like to know more about the people who will be running the busiIless. She felt the parking situation for this business is a problem. Ms. Garris felt if the business was going to improved and made more attractive and planned to be a "family" type atmosphere she would be in favor of it, however if the operation is to be continued as it was previously, it is not compatible to the community and the Board should deny this request. Discussion ensue<1 regarding separation distance requirements. Mr. Shuford explained that a variance is not required for this request as it existed prior to the adoption of the current Land Development Code. Ms. Garris stated that if the Board approves this request, sh~ fell conditions should be required to make the business more attractive for the community. Discussion ensued regarding the Police Department's conunents received on conditional use requests. Mr. Shuford stated he will be in contact with the Police Department in regard to making their comments/reports more informational. In rebuttal, Ricbllrd Bennison~ restated that this is a "grandfather" situation anu all criteria have been met. He stated there were no police calls to his knowledge. In response to questions by the Board, Mr. Bennison state<! he did not have his file with him and could not provide the names of the business owners, and in referring to the broker's file, stated the owners names are John Babin and Reg Bhahi who are also the owners of the Penguin Palace. Mr. Bennison stated he would have to consult with his clients before he could agree to conditions placed by the Board. Discussion ensued concerning: having the business owners/operators present to answer questions by the Board; obtaining more specific information from the Police Department regarding calls to this location; and the possibility of closin~ tl1e back entrance and using the front entrance only. ;i !, ~ " Motion was made by Mr. Schwob, and seconded by Mr. .Mazur, to continue the above request to December II, 1990. Motion carried unanimously (6 to 0). Mr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Discussion ensued regarding property ownership, a code vidation existing on the property where a deck was built without a permit and the current ordinance regulating these watercraft. Mr. Hamilton stated he has a conflict of interest and will not participate in discussion or vote on the above request. i i I . . I William Held, City ()f CI~nvater Harbonnaster, sUtted the ordinance was amended and summarized the changes as follows: 1) reduced the required insurance from $1,000,000 to $500,000; 2) removed the requirement for propeller guards for propeller driven craft; and 3) increased the amount of citations for customers of the applicant from 6 to 9 which would terminate their Waiver Agreement. The conditions from this Board for the Holiday Inn Surfside were incorporated into the Waiver Agreement by the City Commission. Mr. Held noted tl1at the Holiday Inn Surfs ide do not operate any propeller driven craft, and if they wanted to make any changes in their operation they would have to come back before this Eoard for approval. Mr. Held stated he felt that a si:x (6) 1110nth trial period is unreasonable due to the expense involved to the applicant to purchase boats, IU1cl is not appropriate as the safety requirements in the ordinance will accomplish regulating these watercraft. P & Z MINUTES 3 11/27/90 I f Discussion ensued regarding property ownership, properly lines, the propeller driven boat to be used by applicant as a chase boat and restricting the area of operation for the rental watercraft. In response to questions by the Board, Mr. Held stated the Waiver Agreement specifically outlines the number and types of watercraft permitted and llny deviation from that will he considered a violation. Mr. Shuford not~d that, contrary to information in the staff recommendation, the applicant IS currently complying with the boat type and number requirements of the conditional use permit. , f Mark RobilL'mn, 3()25 Haverford, applicnnt, stated he has a long history of compliance and has been operating this type business for 15 years and are currently operating with manually propelled boats and would like to llllve 4 wavenmners. Mr. Robinson felt waverunners are not as loud as jet skis, and are safer because the veh.icle shuts off when the operator falls off. He stated there will be a safety boat provided to act as a chase boat and will monitor operators in the water. Mr. Robinson added the watercraft will not be operated near Pier 60 or tbe Holiday Inn Surfside as there is enough boat traffic in that area. He felt that a trial period should not be necessary as the ordinance fully regulates his operation. Mr. Robinson stated if a trail period is a condi tion of approval he asked it not begin until March when the watercraft will be available on the beach. In response to questions by the Board, Mr. Robinson stated vehicles will be storeJ up far enough on the beach as to not interfere with beach walking traffic storage while waiting for renters and at night they will be remove<! and taken to another location for maintenance and refueling and brought back the next day. Mr. Robinson stated the vehicles will be pulled up a good distance on the beach if refueling is required during the course of the day and refueling will not be done in or near the water. Discussion ensued regarding types and number of watercraft to be allowed under this conditional use permit and the area of operation of these watercraft. In opp()Sition, Ilal'ry Cline, McMullen Everett, representing the Clearwater Beach Hotel, stated that Code Sectioll 137.0 I states this board is empowered to grant conditional use permits where the use is expressly pennitted by the Code. He felt this is referring to within the zoning district and the subject property is zoned OS/R and Aquatic Lands/Coastal and from a legal standpoint this use should 110t be permitted. Mr. Cline pointed out that according to Ordinance No. 4960-90 as amended, the applicant is not entitled to 40 % motorized watercraft, but limited to 40% and that this Board has absolute discretion in the amount permitted. He noted tbat according to the formula in the ordinance, this applicant can only have 17 boats total. Mr. Cline stated that the Holiday Inn has 4 waverunners, which is a much larger parcel of land and Mr. Robinson wants 18 boats on property 86 ft. wide and felt that is excessive and that motorized watercraft should not be permitted at all. Nr. Cline stated his client is strongly opposed to this request being approved due to concerns including tbe following: safety, fueling, excessive number of boats, an existing Code violation on the property; and asked the Board to deny this request completely and not permit any boats. He added if Board should decide to approve any motorized watercraft in that confined area, the number should be significantly reduced. No persons appeared in support of the above request. In rebtIttul, Mark Robinson stated to clarify the number of watercraft it should he noted that there are 6 sailboards, 2 aquacycles, 5 catamarans, 1 sunfish, and the proposed 4 waverunners. Mr. Robinson stated he felt families are, now seeking enchantment differently and that the wavenlnners are a family activity and this is what tl:1e public wants. In response to questions by the Board, Mr. Robinson stated he has a small sign that lists the activities they offer, and that the Avon boat he will use as a chase boat is rubber and the boat will be rowed out past the swimming area and the engine used only for an emergency. In response to questions by the Board, Mr. Held stated he felt the applicant is in compliance with the number of watercraft he is allowed and has met the insurance requirement. Mr. Held stated the current waiver agreement with Mr. Robinson approved by the Planning and Zoning Board and the City Commission allows Mr. Robinson to have 18 watercraft: 8 sailboards, 4 aquacycles, 5 catamarans (16 to 18 ft.), and 1 sunfish sailboat. Under the new ordinance Mr. Robinson will be allowed 17 watercraft, excluding the chase boat. P & Z MINUTES 4 11/27/90 Neeting adjourned 4:30 p.m. d Development (~' Notion was made by Ms. Nixon. and seconded by Mr. Mazur, to approve the above request subject to the following conditions: 1) The requisite occupntionul license shall be obtained withill six (6) months from the date of this hearing; 2) The applicant shall execute a waiver agreement pursuant to City Ordinance 4960-90 prior to obtaining an occupational license and shall adhere to the requirements of the waiver agreement and ordinance; 3) Operation of these watercraft shall be restricted to the area from Pier 60 northward; 4) The propeller driven chase boat shall operate at idle speed except in cases of emergency only; S) This conditional use permit is limited to the operation of the business by Mark Robinson only; 6) Any refueling of watercraft shall be done on private property only; 7) The number of rental watercraft shall be limited as follows: five (5) sailboards, two (2) aquacycles, five (S) cabmarans, one (1) sunfish, four (4) waveronners plus one (1) chase boat. Motion carried 4 to 2 (Mr. Gans voting "nay" as he felt the ordinance is not enforceable, and Mr. Johnson voting "nay" as he felt there are too many of these type operations on the beach.) S. M&B 23.11, Sec. 21-28-16 (3130 McMullen-Booth Rd.) Robert B. and Sarah Hardy (Wee Care Preschool), CD 90-87 Request - To permit child day care (expansion) Zoned - P/SP (Public/Semi-public) Nr. Shuford gave the background of the case and submitted, in writing, the staff recommendation. Sarah Hardy, 2625 Cypress Bend Drive~ appliOlnt stated she would like the Board to approve the request and would be happy to answer any questions. In response to questions by the Board, Ms. Hardy st.lted the school is currently licensed for 79 children in the present building. Mr. Shuford stated Mr. Crawford, Traffic Engineer, had no problem with this request. Motion was made by Mr. Schwab, and seconded by Mr. Hamilton, to approve the above request subject to the following condition: the requisite building permit shall be obtained with six (6) months from the date of this public hearrng. Motion carried unanimously (6 to 0). (Mr. Ferrell left the meeting at 4:00 p.m.) D. Board.t Staff Comments ~ , The meeting schedule for 1991 was discussed and the Board felt the December 31, 1991 should be cancelled. Notion was made by Mr. Hamilton and seconded by Mr. Gans to approve the 1991 meeting schedule with the December 31, 1991 meeting deleted. Motion carried unanimously (6 to 0). Ns. Nixon felt that when applications for alcoholic beverage licenses are being heard, that the person or persons who will be operating the business should be present to answer questions by the Board members. Discussion ensued regarding the legality of requi ring the operators be present at the meetings. Discussion ensued regarding the Planning lIDd Zoning Board Christmas luncheon. r .'....., P & Z MINUTES 5 11/27/90