Planning and Zoning Board

City of Deltona 2345 Providence Blvd. Deltona, FL 32725 Minutes Planning and Zoning Board Wednesday, October 16, 2019 7:00 PM Deltona Commission Chambers 1. CALL TO ORDER: The meeting was called to order at 7:00 pm. City Attorney Segal-George addressed the Board regarding Sunshine Laws. She stated it deals with boards and elected officials, and also spoke regarding online discussion on social media, such as Facebook. She adivsed that no member can discuss a case to which you may be hearing about at a future meeting. She spoke about future meetings being held differently and the Board does hear Quasi-judicial items. She continued to note the Board will need to disclosue any ex-parte communications, including if they have driven by locations, and who they spoke with regarding the case. She stated this gives the applicant the opportunity to ask who you saw or spoke with the Board since the body is a recommending board per state statutes. Chair Burbank asked who the addtional people are. Attorney Segal-George replied the Commission added alternates through an administrative decision due to there not being a quoroum at several Board meetings. Member Munoz stated the Commission is mismanaging the Board since they didn't let them know about the alternates. Discussion ensued regarding the Board not being notified, alternants, and forgoing the meeting. Mr. Paradise stated the action of the Commission was not to suggest that the Board members are not doing their job or imply the Commission doesnt appreciate the Board's actions. He noted it was to address potential defincies and doesn't recommend postponing the meeting. He suggested the Board reschedule the discussion for a future meeting. 2. ROLL CALL: Present: 8 - Chair Tom Burbank Secretary Michael Putkowski Member Ruben Munoz Member Stony Sixma Alternate Charles Davidson Alternate Mark Metzger Alternate Patricia Northey Alternate Robert Trombetta Excused: 2 - Vice Chair John Harper Member Dwayne Kennedy City of Deltona Page 1 Printed on 10/29/2019 Planning and Zoning Board Minutes October 16, 2019 Absent: 1 - Alternate Jody Lee Storozuk 3. APPROVAL OF MINUTES & AGENDA: A. Minutes of September 18, 2019. Motion by Michael Putkowski, seconded by Stony Sixma, to accept the Minutes of September 18, 2019. The motion carried by the following vote: For: 7 - Chair Burbank, Secretary Putkowski, Member Munoz, Member Sixma, Alternate Davidson, Alternate Metzger and Alternate Trombetta 4. PRESENTATIONS/AWARDS/REPORTS: 5. PUBLIC FORUM: Time permitted, public comment shall be permitted at the end of agenda items only and shall not exceed two minutes. 6. OLD BUSINESS: 7. NEW BUSINESS: A. Resolution No. 2019-33 - Variance application for 3042 Blaine Circle. Mr. McGrath addressed the Board regarding the code enforcement case surrounding 3042 Blaine Cir. He noted the Variance request for the following: to encroach 4.25 feet into the required 25’ front yard setback with a porch; to encroach 6’ into the required 6’ side yard setback with a deck structure; to encroach 5’ into the required 10’ rear yard setback with an approximately 48 square foot shed and an area of decking; and to encroach 4’ into the required 10’ rear yard setback with an approximately 75 square foot shed. Staff found no hardship and therefore recommends denial. Tammy Coffin, 3042 Blaine Cir., Deltona, applicant - asked why denial. She noted that she opened her business in 2017 and got permitting for business license and then the City tried to shut her down. Code Enforcement then came to her house and found items out of compliance. When she attempted to permit the items in question, she was then asked for a survey. She noted when she provided the City with the survey, the City said they would put violations for everything in the backyard that was not permitted. Ms. Coffin provided pictures on a posterboard for the Board to review. David Heisel, 1275 Whitewood Dr. fiance of applicant, noted Ms. Coffin did not comply with the Code Compliance time limit, due to trying to have engineer add electrical. Ms. Coffin claimed code enforcement harassment. Member Davidson complimented Ms. Coffin on the beautiful yard. Asked the length of time City of Deltona Page 2 Printed on 10/29/2019 Planning and Zoning Board Minutes October 16, 2019 the sheds were there. Discussion regarding the easement ensued and he noted that utility companies would need to access through the easement. Discussion occurred regarding the construction of the front porch, how long it has been there and if it was engineered. Member Munoz asked why the case wasn't heard. He was advised of the lack of quorum. Member Putkowski apologized for the lack of quorum of previous meetings. Motion by Ruben Munoz to recommend for approval Resolution No. 2019-33, Variance application to encroach 4.25 feet into the required 25’ front yard setback with a porch; to encroach 6’ into the required 6’ side yard setback with a deck structure; to encroach 5’ into the required 10’ rear yard setback with an approximately 48 square foot shed and an area of decking; and to encroach 4’ into the required 10’ rear yard setback with an approximately 75 square foot shed. Failed for the lack of a second. Chair Burbank explained why there is a variance process. Hardship not created by the applicant. Board discussed the possibility of PTSD claimed by the applicant being the hardship. Chair Burbank noted that sometimes the rules themselves are the hardship, hardship not based on property conditions but peace of mind. Discussion occurred regarding the motion to go against Staff's recommendation. Motion by Ruben Munoz, seconded by Stony Sixma, to approve Resolution No. 2019-33, Variance application for 3042 Blaine Circle to allow encroachment of 4.25 feet into the required 25’ front yard setback with a porch; to encroach 6’ into the required 6’ side yard setback with a deck structure; to encroach 5’ into the required 10’ rear yard setback with an approximately 48 square foot shed and an area of decking; and to encroach 4’ into the required 10’ rear yard setback with an approximately 75 square foot shed. The motion carried by the following vote: City of Deltona Page 3 Printed on 10/29/2019 Planning and Zoning Board Minutes October 16, 2019 For: 8 - Chair Burbank, Secretary Putkowski, Member Munoz, Member Sixma, Alternate Davidson, Alternate Metzger, Alternate Northey and Alternate Trombetta B. Ordinance No. 15-2019 – Small Scale Future Land Use Map Amendment Located at 1590 Tivoli Dr. from Low Density Residential (LDR) to Commercial (C), Project No. CP19-0001 Mr. McGrath provided summary regarding 1590 Tivoli Dr.'s request for a Small Scale Future Land Use Map Amendment from Low Density Residential (LDR) to Commercial (C) and to amend the Official Zoning Map from Single Family (R-1) to Retail Commercial (C-1). Mr. McGrath noted Staff is recommending denial due to the insufficient size of the proposed area to support commercial uses and it creates nonconformity. Retail Commercial (C-1) requires 100’ frontage (Sec. 110-315). Discussion occurred about access off the alley and keeping the existing structure. Rafaela Puebla, 2491 Omaha Dr, applicant and 20 year resident. Currently works at hotel in Maitland. She believes Deltona needs more jobs and restaurants. Been in the restaurant business for 30 years and would like to open her own restaurant at 1590 Tivoli Dr. Discussion occurred regarding parking capacity, stormwater, lot size, and restaurant type. Ms. Puebla stated engineer is confident the project will work. Discussion regarding items that could be done. Mr. Paradise stated that the Board is to decide on the policy. Board suggested applicant rework plan to see if it will work and then come back to the board. Member Putkowski suggested the Board table the ordinance Discussion between the Board and Mr. Paradise discussed the zoning uses, role of the Board and suggested recommendation. Motion by Ruben Munoz, seconded by Stony Sixma, to continue Ordinance No. 15-2019 – Small Scale Future Land Use Map Amendment Located at 1590 Tivoli Dr. from Low Density Residential (LDR) to Commercial (C), Project No. CP19-0001 to a date certain of November 20, 2019. The motion failed by the following vote: For: 7 - Chair Burbank, Secretary Putkowski, Member Munoz, Member Sixma, Alternate Davidson, Alternate Metzger and Alternate Trombetta City of Deltona Page 4 Printed on 10/29/2019 Planning and Zoning Board Minutes October 16, 2019 Discussion further occurred regarding the application and the size of the lot for the future use. Member Munoz suggested the applicant bring a sketch showing that all the land development requirements can fit on the lot. C. Ordinance No. 16-2019 – Amending the Official Zoning Map from Single Family (R-1) to Retail Commercial (C-1), at 1590 Tivoli Dr., Project No. RZ19-0002. Motion by Michael Putkowski, seconded by Stony Sixma, to continue Ordinance No. 16-2019 – Amending the Official Zoning Map from Single Family (R-1) to Retail Commercial (C-1), at 1590 Tivoli Dr., Project No. RZ19-0002 to a date certain of November 20, 2019. The motion carried by the following vote: For: 7 - Chair Burbank, Secretary Putkowski, Member Munoz, Member Sixma, Alternate Davidson, Alternate Metzger and Alternate Trombetta 8. STAFF COMMENTS: 9. BOARD/COMMITTEE MEMBERS COMMENTS: Member Putkowski wanted to discuss the recent events regarding the appointment of alternants and member attendance at the November 20, 2019 meeting. Member Munoz and Attorney discussed the sunshine laws, alternants, and the direction of the City Commission to make an immediate decision to provide for alternants. He noted the Commissioners should have communicated to the Board and doesn't like the way the City Commission is doing things. The Attorney noted no disrespect to the Board and elaborated that state statute says the Planning and Zoning Board is a recommending board and City Commission is under no obligaton to accept their recommendation. Discussion occurred regarding the amendment of the Land Development Code to accomodate alternates and the City Commission comments regarding the Board. 10. ADJOURNMENT: The meeting adjourned at 8:31 pm. ______________________________ Tom Burbank, Chairperson ATTEST: ______________________________ Kathrine Kyp, Board Secretary City of Deltona Page 5 Printed on 10/29/2019 Planning and Zoning Board Minutes October 16, 2019 City of Deltona Page 6 Printed on 10/29/2019