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06/01/1993 MINUTES PLANNING & ZONING BOARD MEETING TUESDAY, JUNE 1, 1993 - 2:00 PM PLEDGE OF ALLEGIANCE INVOCATION Members Present: Chairman Hamilton, Messrs. Bickerstaffe (2:08), Carassas (2:11), Mazur, Merriam, Savage, Ms. Martin Members Excused: Also present: Sandra Glatthorn, Senior Planner Etim Udoh, Planner I Vickie Davenport, Recording Secretary Chairperson Hamilton outlined the procedures for conditional uses and advised that anyone adversely affected by a decision of the Planning 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 this Board to have a record of the proceedings to support the appeal. ITEM A. APPROVAL OF MINUTES - Motion was made by Mr. Mazur, and seconded by Ms. Martin to approve the minutes of May 18, 1993. Motion carried unanimously (5 to 0). B. REQUESTS FOR EXTENSION, DEFERRED AND CONTINUED ITEMS: None. C. CONDITIONAL USES: Review of twelve month trial period - Original meeting date was March 17, 1992 1. Lots 34 and 35, Block E, Greenwood Park No. 2, (1205 N Greenwood Avenue), Tarek and Manal Said, (True Value Supermarket), CU 92-19 Request - to permit package sales of beer and wine Zoned - CNG (North Greenwood Commercial) Mr. Udoh gave the background of the case and presented, in writing, the staff recommendation. Carlton Ward, 1253 Park Street, applicant's representative, reminded the board members that they dealt with this item last year and voted to approve the application, but the City Commission appealed the decision. Then a settlement was worked out in June 1992 and the appeal was withdrawn, and the twelve month review period was allowed. He summarized that the problems were with the previous owners and since the current applicant has owned the business, that there has been a pattern of improvement, in regards to the loitering as shown in the police reports. Mr. Ward would like to see the six month trial period taken off the recommendations by staff. Mr. Hamilton had a concern about having this item come before them and not sent directly to City Commission, as they negotiated the settlement. Discussion ensued as to this being the proper procedure to follow. Discussion regarding parking spaces and the no trespassing signs ensued. Also discussed was concerns about conflicting police reports attached to staff reports. Mrs. Glatthorn suggested that staff would contact the Police Department and inquire about getting one contact person to compile reports for the board. Mr. Talmedge Rutledge, 1105 LaSalle St., appeared to speak in favor of this item. He stated he did not understand the conditions as presented by staff. He stated that it is not fair to place the burden of the loitering problem solely on the applicant, as he is not the only business in this location. No persons appeared in opposition to the above request. Mr. Ward stated in rebuttal, that it was his fault there was no organization of people to speak in support of this item, as he misunderstood staff that there was no problem involving this request and didn't learn until late Thursday afternoon about the staff recommendations. The members of the Merchant's Association were unable to attend because of being at work. Mr. Ward stated he talked to a few of the members and they are in support of this request. Approved (motion made by Mr. Bickerstaffe, and seconded by Ms. Martin) this request subject to the following conditions: 1) A 9:00 p.m. closing time shall be observed; and 2) The applicant shall cooperate with police in reducing loitering. Motion carried unanimously (7 to 0). 2. Lots 1-3 and one half of vacated alley, and Lots 4-6 and vacated alley between, Block 4, Wallace's Addn, (509 Pine Street), Dimmitt Car Leasing, Inc (United Auto Painting & Body Center), CU 93-31 Request - to permit vehicle service; detailing and body work Zoned - CG (General Commercial) Mr. Udoh gave the background of the case and presented, in writing, the staff recommendation. Mr. Mazur declared conflict with this item and did not participate in the discussion or vote. Al Cantone, 1700 N. Hercules, applicant, was present. He stated he submitted the plans and later was told he had to submit more detailed plans of the building, which he has done. Mr. Cantone, in answering a question from the board, that he had no problems with the eight staff recommendations. The following person appeared to speak in favor of this application. Lester Gates, 464 N. Voler Drive, Dunedin, was present. He is the Comptroller for Dimmitt Car Leasing. Mr. Gates stated that he would like the board to consider continuing this item, so the proper site plans could be turned in to the Planning Department. The following persons spoke in opposition to the above request. Mrs. Hammesfahr, 600 Druid Rd. E., the "Brown House", Dr. Hammesfar's office, expressed concerns including the noise, and smells coming from the Auto Body Shop which would probably cause her husband's practice to close, because it would disturb the testing that he does on his patients. She stated her husbands practice has been at this location for one year and it has been a very quiet area and hopes it remains that way. Sue Mayhew, 605 Pine St., directly east of the body shop. She expressed concerns regarding the dust through the air, when they blow everything out of their building toward her residence. Stewart Whitehouse, Sr., 603 Turner St., expressed to the board that he has lived there for 30 years and his property lot is about 300 feet from 609 Pine Street. His concerns were regarding the dust that previously covered his premises, the two large air compressors that were put outside the building, and the noise coming from these machines. Mr. Whitehouse stated that he complained to the manager to no avail. He said Mr. Dimmitt does not maintain his property. He submitted 2 photographs, which showed a tree that fell over in a storm two years ago at the 510 Pine St. location and still remains there today. He strongly opposes this application. Larry Matlock, 610 Harold Ct., expressed concerns regarding the aesthetics of the area you work and live in. He has property there and takes care of it. He strongly urged the board to deny this request or postpone their decision until all the property owners are properly notified, including the School Board, of this request because of the school nearby and children walking by this establishment. Mr. Matlock stated that the air quality is very poor in that area because of businesses like these. Mr. Matlock stated that there are things now that are not being enforced on the Dimmitt property. Horace Mayhew, 605 Pine St., expressed concerns regarding the louvers on the building, that when they open up the building it blows all the dust over into his house. He stated he had an environmental worker come to his house seven or eight years ago, he has also called the Environmental Pollution Agency at least 50 times, even talked to the City Manager. He stated that the doctors office he goes to is five feet from the body shop and the patient's that visit there, who are on oxygen, have to breathe the dust. Mr. Mayhew stated he can't sell his property because of this reason. He stated that both he and his wife have emphysema, and he invited the board members to come to his house and come inside to see how they have to live because of this business. He stated that Mr. Dimmitt even came to his house and promised him that something would be done to correct the problem. Mr. Mayhew stated that for about 90 days the louvers stayed closed on the west side of the building. Helen Dexter, 610 and 612 E. Druid Road, & 609 and 611 Pine Street, Dexter Properties, was present. She stated that they are doing all they can to make the neighborhood pleasant. In rebuttal, Al Cantone, stated that the hours of operation are from 8:00 a.m. to 5:00 p.m. and that the body shop will have to now be OSHA approved to be open, also that he has passed the Fire Marshal's test. Discussion ensued regarding parking, landscaping, revised plans, and the citizen's complaints. Mr. Cantone stated that he would like to see the board continue this item to the next meeting, so that he can work on these problems. In rebuttal, Larry Matlock wanted to know if he could object to the continuance. He was told no, but that their concerns would be taken into consideration. A motion was made by Mr. Carassas, and seconded by Mr. Bickerstaffe to continue this item to the June 15th meeting. Motion carried (6 to 0, with one abstention). 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 Mrs. Glatthorn discussed briefly the alcoholic beverage worksession agenda item that was handed out with their packets. She stated that there should be a joint work session for them and the City Commission to attend regarding this item. Mrs. Glatthorn stated that she would look into having one coordinating officer from the Police Department turn in their status reports that the board members receive with their staff reports, so there are not conflicting reports received from different officers. G. BOARD AND STAFF COMMENTS Adjourned: 3:20 p.m.