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Home My WebLink About2009-06-17 Planning and Zoning Board Minutes MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD REGULAR MEETING Commission Chambers * Wednesday,June 17,2009 7:00 PM ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING ADVISORY BOARD WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO.01-93.REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT,PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT LOUISE STI SON, CITY CLERK,100 W.DANIA BEACH BLVD,DANIA BEACH,FL 33004,(954)924-3622,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU. A.PLEASE TURN CELL PHONES OFF.OR PLACE ON VIBRATE.IF YOU MUST MAKE A CALL.PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B.IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM.IN ORDER NOT TO INTERRUPT THE MEETING ROLL CALL Lottye Crooms Present Thomas Ansbro, City Attorney Angeline Flowers Present Robert Daniels, Director Community Development Derrick Hankerson Present Corinne Lajoie, Principal Planner George Jason Excused Kristin Dion, City Planner Tim Pribisco Present Lou Ann Patellaro, Board Clerk Motion to excuse George Jason by Lottye Crooms, seconded by Derrick Hankerson. Motion passed unanimously. Organization—Appointment of Planning and Zoning Board Chairperson and Vice Chairperson Lottye Crooms made a motion to appoint Angeline Flowers as Chairperson of the Planning and Zoning Board, seconded by Derrick Hankerson. Motion passed unanimously. Lottye Crooms made a motion to appoint Tim Pribisco as Vice Chairperson of the Planning and Zoning Board, seconded by Derrick Hankerson. Motion passed unanimously. Minutes Approval -May 20,2009 Regular Minutes Motion made by Lottye Crooms, seconded by Tim Pribisco to approve the May 20, 2009 Regular Planning and Zoning Board minutes. Motion passed unanimously. PLANNING AND ZONING BOARD ITEMS(FINAL APPROVAL) 1. RESOLUTION NO. 2009-PZ-003 - A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA PLANNING AND ZONING BOARD, APPROVING THE VARIANCE REQUEST SUBMITTED BY GREG AND BERTA BISOGNO FROM BROWARD COUNTY ZONING CODE,CHAPTER 39 ZONING,ARTICLE XV. RURAL AND ESTATE DISTRICTS, SEC. 39-295 "SIZE OF PLOT", FOR PROPERTY LOCATED AT 5400 WOODLAND LANE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. VA-18-09—Variance request by property owner Greg and Berta Bisogno for property located at 5400 Woodland Lane,Dania Beach,Florida. The variance request is: Planning and Zoning Board Meeting 1 MINUTES June 17,2009 1) To allow a paver patio to be located 16 feet from east side property line. (Broward County Zoning Code, Chapter 39 Zoning,Article XV. Rural and Estate Districts, Sec. 39-295 Size of plot requires a minimum of 25 feet.) 2) To allow a shed to be located 5 feet from east side property line. (Broward County Zoning Code, Chapter 39 Zoning, Article XV. Rural and Estate Districts, Sec. 39-295 Size of plot requires a minimum of 25 feet.) Corrine Lajoie, AICP, Principal Planner for the Community Development Department addressed the board describing the variance request from setback requirements for a shed and patio pavers. Ms. Lajoie indicated that this is an after the fact variance request for an existing patio and partially constructed shed along the east side property line and that the applicant was cited by code compliance for the shed. She described that the east side of the property, where the shed is located, is adjacent to the City of Hollywood and that an existing 8 foot high masonry wall runs along the property line. Ms. Lajoie stated that there are multiple existing oak trees in the yard, as well as a drainfield that restricts the ability to relocate the shed elsewhere on the property. She described two alternate locations where the shed could be placed to meet setbacks and avoid trees. Ms. Lajoie described the second variance for the existing patio pavers, located 16 feet from the east side property line which were also installed without a permit. She stated that the pool edge does meet the required 25 foot setback,however if the pavers were included on the pool permit at this location,the permit would have been rejected. Ms. Lajoie concluded her presentation stating that staff is recommending denial. Greg Bisogno addressed the board describing future plans for his property and the reasoning for placing the shed at the five foot setback. He stated that he would like consideration due to the fact that the Hollywood residents are allowed as close as eight feet to the wall separating the properties. Mr. Bisogno addressed the board regarding the installation of the pavers, indicating that there is nearly 19 feet of setback already existing. Timothy Pribisco stated for the record that he lives in the neighborhood where the variances are being requested. After further discussion by staff and the board, Chairperson Angeline Flowers opened the item for public comment. Hearing no one and seeing no one, the public hearing was closed. City Attorney Ansbro questioned the objection to the appeal stating that since the objection was only for the shed,the pavers could be decided upon by an Administrative decision. After further discussion by the board staff would approve the pavers if reduced to 20%. Motion was made by Derrick Hankerson to recommend approval of both portions of the variance request for item VA-18-09, seconded by Lottye Crooms. Motion passed on the following roll call: Lottye Crooms — yes Timothy Pribisco — yes Derrick Hankerson — yes Angeline Flowers — no Planning and Zoning Board Meeting 2 MINUTES June 17,2009 PLANNING AND ZONING BOARD ITEMS(COMMISSION) 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA. AMENDING ITS LAND DEVELOPMENT REGULATIONS TO PROHIBIT ON-SITE DISPENSING OF CONTROLLED SUBSTANCES BY PAIN MANAGEMENT CLINICS, TO THE EXTENT PERMITTED BY LAW; PROVIDING DEFINITIONS; PROVIDING SUPPLEMENTAL REGULATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Corinne Lajoie, AICP, Principal Planner addressed the board with a brief discussion of the pain clinic ordinance limiting the dispersion of prescription medication by licensed pharmacies. Thomas Ansbro. City Attorney addressed the board and described the events that set in motion the desire to regulate dispensing of controlled substances by pain management clinics. Chairperson Angeline Flowers opened the item for public comment,hearing no one and seeing no one further,the public hearing was closed. After further discussion by the board relating to physicians ability to distribute samples to patients, a motion was made by Lottye Crooms, seconded by Timothy Pribisco to approve the text amendment. Motion passed on the following roll call: Lottye Crooms — yes Timothy Pribisco — yes Derrick Hankerson — yes Angeline Flowers — yes Attorney Ansbro cautioned all members' regards to visiting applicants site and questioning the applicants or neighbors regarding their requests. Attorney Ansbro indicated that he is available to all for legal advice relating to any matters before the board. 3. Corrine Lajoie suggested cancellation of August Planning and Zoning Board Meeting for Summer Break. Attorney Ansbro recommended that the July meeting be cancelled instead because he will be on vacation. Motion made by Lottye Crooms, seconded by Derrick Hankerson to cancel the August Planning and Zoning Board Meeting and to reschedule the September Planning and Zoning Board Meeting. Motion passed unanimously. MEETING ADJOURNED Planning and Zoning Board Meeting 3 MINUTES June 17,2009 I