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Approved Mar 8, 2012 - Zoning Board Minutes

Zoning Board
March 8, 2012
Milton, Florida

The Zoning Board met on the above date with the following members present: Chairman Jim Waite, and members Bill Dubois, William Merrill, Rob Williamson, Lonnie Hawkins, Paul Carney, David Powell, Bill Seelman, Alan Isaacson. Leslie Statler, Planner I, and Beckie Cato, Planning and Zoning Director, represented the Planning and Zoning Department.  All those in attendance joined in the pledge of allegiance to the flag.
Waite moved approval without objection of the minutes from the February 9, 2012 meeting.         

Postponed Business:
1. 2012-R-006 
 Applicant: David C. Thomas
 Agent: David C. Thomas
 Parcel(s): 36-2N-27-0000-00216-0000
 Location: 9934 Shangri La West, Milton
 Existing Zone: RR1 (Rural Residential Single Family)
 Requested Zone: AG (Agriculture)
 Current FLU: SFR (Single Family Residential)
 Proposed FLU: No Change
 Area size: 1.0 +/- acres
 District: Commissioner District # 2
  
  Joyce Todd said her property is within 500 feet of the subject property. She asked if there can be a deed restriction placed on this property that states upon sale of the land that this parcel will revert back to RR1 zoning. Statler said the board does not have that capability. She said further division of this property will not be possible without coming before the board. Todd asked if livestock will be able to be raised on the portion of the property that will remain RR1. Statler said yes.

Ron Taylor said he does not object to this request.

Merrill moved approval. Hawkins seconded, and the motion passed unanimously.
New Business:
1. 2012-SX-003 
 Project/Applicant: William Archer
 Location: 2175 Pleasant Grove, Milton
 Parcel(s): 21-4N-28-0000-00250-0000
 Zoned: AG (Agriculture)
 Request: Special Exception to allow the temporary usage of a recreational vehicle (RV) on a parcel less than 5 acres in size and located within an AG zoning district (LDC 2.04.00.C.10)
 District: Commissioner District #3
  
 2011-V-014 
 Project/Applicant: William Archer
 Location: 2175 Pleasant Grove, Milton
 Parcel(s): 21-4N-28-0000-00250-0000
 Zoned: AG (Agriculture)
 Request: Variance to allow the storage of an RV (accessory use) prior to the construction of the single family residence (primary structure) (LDC 2.10.05.A, 6.03.05)
 District: Commissioner District #3
  
Richard Joiner said he is the only neighbor who has a clear view of the property, and he has no problem with this request. 

Isaacson asked if Joiner is speaking on behalf of the applicant. Joiner said yes. Isaacson asked if there is any intent to build a residence on this lot. Joiner said no.  

Alvah Carlson said he does not approve of this request. He said he felt this will hinder property values. 

Doug Scoggins said he does not have a problem with this request.

Dubois said he does not feel this RV will be temporary or seasonal. He said he cannot support either of these requests. Williamson agreed with Dubois. Hawkins said if there was some indication there was intent to build a home he could be lenient.

Isaacson moved denial of the special exception. Williamson seconded, and the motion passed unanimously.

Carney moved denial of the variance. Williamson seconded, and the motion passed unanimously. 

2. 2012-SX-004 
 Project/Applicant: Frances E. Delmas
 Location: In the 1500 block of Fuller Road, Gulf Breeze
 Parcel(s): 28-2S-27-0000-01100-0000
 Zoned: R1 (Single Family Residential)
 Request: Special Exception to subdivide a parent parcel creating 1 lot without the required road frontage (LDC 2.04.00.C.9)
 District: Commissioner District #5
  
Waite said there is a 70 foot easement that goes from Fuller Road to the east.

Mark Murray said he is the original property owner. He said he would like to split the two acres and extend the driveway.

Terry Williams said he opposes this request. He said the subdivision consist of 40 lots on either side of Fuller Dr. Williams presented a map to the board. He said Fuller Dr. extends from Highway 98 to the Santa Rosa Sound. He asked the board to deny this request.

Regenta Gray said she was not notified of this request. She asked the board to table this item until the neighbors can do more research. Statler said she noticed everyone within a 500 feet radius of the subject property per code. 

Joseph Euing said he also did not receive notification of this request.  He discussed the access easement.

Isaacson said he felt a condition that parcel 11 cannot be divided will be appropriate.  Williamson said he does not feel a condition to this request is necessary.  He asked if there is currently access available to lot 11. Statler said no.  Williamson said he would be inclined to approve this request. He said he does not believe this will be a hardship for the neighbors. 

John Cymbalat said Fuller Drive is narrow and kids will be walking to and from the school bus stop. Williamson said he cannot deny a person access to their property.

Terry Bowman said the neighbors want to keep Fuller Drive as a private road. Waite asked the size of the subject parcel. Statler said 1.5 acres.

Dubois moved approval with the condition there be no further subdivision of parcel 11. Isaacson seconded, the motion passed with Dubois, Isaacson, Merrill, Williamson, Hawkins, Waite, Carney, and Powell in favor. Seelman opposed.

 

3. 2012-SX-005 
 Project/Applicant: Terrell McDurmont
 Location: 5946 Oro Street, Milton
 Parcel(s): 18-1S-28-0000-00136-0000
 Zoned: RR1 (Rural Residential Single Family)
 Request: Special Exception to allow the replacement of a non-conforming structure destroyed by an act of God (LDC 2.04.00.C.3)
[Note: The non-conforming structure is a mobile home located within a zoning district where mobile homes are prohibited.]
 District: Commissioner District #2
  
McDurmont said he intends on replacing the current mobile home with a newer one he purchased for half price. He gave a history of this property. McDurmont said he was informed this mobile home will be grand-fathered in but then he was told otherwise.

Katherine Gill said mobile homes are on other lots in this area. She said she supports this request.

Hawkins moved approval. Seelman seconded, and the motion passed unanimously.
  
4. 2012-SX-006 
 Project/Applicant: PRHTC LLC, represented by Bob Hartley, Crystal Shores Realty, Inc.
 Location: 1900 Owsley Road, Navarre
 Parcel(s): 22-2S-26-0000-00700-0000
 Zoned: HCD (Highway Commercial)
 Request 1: Special Exception to subdivide a parcel creating (1) lot without the required road frontage  (LDC 2.04.00.C.7)
 Request 2: Special Exception to allow the replacement of a non-conforming structure/use destroyed by an act of God (LDC 9.05.00.B)
[Note: The non-conforming structure/use is a marina located within a zoning district which does not allow the use.]
 District: Commissioner District #4
  
Bob Hartley said the building was sold after Hurricane Ivan.  He said there have been ongoing conversations with the Army Corp of Engineers and the Department of Environmental Protection (DEP) regarding permitting.  Hartley said the owners are asking to be allowed to replace the marina destroyed by Hurricane Ivan. Isaacson asked if the owners intend to amend the deed to prevent any further subdivision of the property. Hartley said yes. 

Greg Fountain said the proposed marina does not have parameters in place and he is concerned about what the future holds for this development.

Hartley said there are nine boat slips proposed at this site. He said anything to be built on the property will have to be approved by the County. Hartley said the owner’s intent is to rebuild what was previously on the property.

Statler said this request would limit development to what was previously on the property.

Steven Hill said after Hurricane Ivan this property was an eye sore. He said this request will be good for the whole area.

Hawkins moved approval of the first special exception. Carney seconded, and the motion passed unanimously.

Hawkins moved approval of the second special exception. Carney seconded, and the motion passed unanimously. 

  
5. 2012-SX-007 
 Project/Applicant: A L Cawthon represented by Nina Dawson
 Location: 7551 Highway 90, Milton
 Parcel(s): 01-1N-28-0000-04200-0000
 Zoned: R1 (Single Family Residential)
 Request: Special Exception to allow the replacement of a non-conforming structure destroyed by an act of God (LDC 2.04.00.C.3)
[Note: The non-conforming structure is a mobile home located within a zoning district where mobile homes are prohibited.  It is also the second residence on a lot record.]
 District: Commissioner District #2
  
  Dawson said she is the applicant’s niece. She said the applicants intend to clean up this property.

Benjamin Walker said he has no objection to this request. 

Merrill moved approval. Williamson seconded, and the motion passed unanimously. 

6. 2012-V-010 
 Project/Applicant: Kim & Paula Rogers
 Location: 6437 Dickerson City Road, Milton
 Parcel(s): 25-1S-28-3160-00600-0150
 Zoned: R1M (Mixed Residential Subdivision)
 Request: Variance to reduce the west side building setback from 13.2 feet to 6 feet to accommodate an addition to the existing single family dwelling (LDC 6.05.07.I.3)
 District: Commissioner District #2
  
Paula Rogers said she is asking for this variance because she has had four back surgeries and wants to put an elevator in her home. 

Terrel Lemon said only the southwest corner of this construction requires a 6 foot variance. He said the construction will add a handicap bathroom, bedroom, and elevator. He said this will not hinder the adjacent property.

Hawkins moved approval without objection.
  
7. 2012-V-011 
 Project/Applicant: Richard & Lola Sullivan
 Location: 6800 East Bay Boulevard, Navarre
 Parcel(s): 03-2S-27-0000-00149-0000
 Zoned: R1 (Single Family Residential)
 Request: Variance to allow the construction of a pier, boat house, jet-ski lift and terminal platform (accessory structures) prior to the construction of the single family residence (primary structure) (LDC 2.10.05.A)
 District: Commissioner District #4
  
Sullivan said he plans on building his retirement home on this property. He said he will have to sale his current home before construction can begin on this home. Sullivan said he obtained a permit from DEP and the Army Corp of Engineers. He said then he was told he could not put an accessory structure on the property before a home was built. Sullivan said if construction of the accessory building is not under construction by May 1st the Army Corp of Engineer permit will expire. 

Hawkins moved without objection.
  
8. 2012-V-013 
 Project/Applicant: Chad Rich
 Location: 3121 Linden Avenue, Gulf Breeze
 Parcel(s): 31-2S-28-2980-00700-0050
 Zoned: R1 (Single Family Residential)
 Request:
 Variance to reduce the Shoreline Protection Zone setback from 50 feet to 37 feet to accommodate a pool and pool deck (LDC 12.01.00.A, 12.01.02.B, 12.02.00.A )
 District: Commissioner District #5
  
Rich said he does not have a survey from the mean high waterline. He said he measured from the seawall. He said he has contacted all of the neighbors and has not received any complaints. 

Williamson moved approval. Carney seconded, and the motion passed unanimously. 
  
9. 2012-CU-005 
 Project/Applicant: Vernon Borders
 Location: 6270 Oglesby Road, Milton
 Parcel(s): 16-3N-28-0000-00604-0000, APO 16-3N-28-0000-00609-0000 & APO 16-3N-28-0000-00603-0000
 Zoned: AG (Agriculture)
 Request: Conditional Use to allow a corn maze and pumpkin patch (recreational activities) to be located within an Agriculture zoning district (LDC 6.09.02.V)
 District: Commissioner District #3
  
  Borders said this property has been in his family for 75 years. He said in the past hay has been raised on this property. Borders said he has thought about a corn maze for several years. He said this will be a good family community event. Borders said the corn maze will be open from mid September to the end of November.

Dubois moved approval. Seelman seconded, and the motin passed unanimously. 

10. 2012-R-007 
 Applicant: Hardcastle Investments, LLC
 Agent: Buddy Page  (Professional Growth Management Services, LLC)
 Parcel(s): 06-1N-27-0000-00663-0000
 Location: 7813 Highway 90, Milton
 Existing Zone: M1 (Restricted Industrial)
 Requested Zone: M2 (General Industrial)
 Current FLU: Industrial
 Proposed FLU: No Change
 Area size: 5.157 (+/-)
 District: Commissioner District # 2
  
Page said Hardcastle Investments has owned this property for over 8 years. He said they have an opportunity to sell the property. Page addressed concerns in the staff analysis. Statler said this property is surrounded by a residential area. She said Randy Roy mentioned this is in a Military Airport Zone and height and light restrictions will need to be adhered to.

Page said the potential new owner proposes to put in a vehicle salvage yard. He said the applicant understands the need for buffering.

Merrill said he will not vote to allow a junk yard to be adjacent to residential property.

Isaacson moved to deny this request. Hawkins seconded, and the motion passed unanimously. 

  The following item was tabled by staff. 
11. 2012-R-008 
 Applicant: Stanley Wilburn
 Agent: Stanley Wilburn
 Parcel(s): 09-1N-27-0000-00806-0000
 Location: 8895 S. Lynn Road, Milton
 Existing Zone: Agriculture
 Requested Zone: M1
 Current FLU: Agriculture
 Proposed FLU: Industrial
 Area size: 2 acres (+/-)
 District: Commissioner District # 2
  
  
12. Proposed text amendments to the Santa Rosa County Land Development Code presented by Beckie Cato:

Amending the Land Development Code Section 6.03.05 and 12.01.02; Applying Development Standards to Commercial Canal Front Development;

Cato said this proposed text amendment is intended to correct an oversight. She said article 12 provides performance standards along natural waterways. Cato said in article 6 there is a section that discusses the construction of docks, piers, and sea walls along canals. She said these articles currently do not address this type of development on commercial property, and these changes will correct this issue. 

Dubois moved approval. Hawkins seconded, and the motion passed unanimously.  
  
Planning Department Matters:

 Review of BOCC February 23, 2012 meeting results:

     1. Conditional Use 2012-CU-002
 Statler said the Board of Commissioners upheld this board’s decisions on these  items.
 2. Rezonings 2011-R-017
 Statler said this was the formal adoption of a large scale amendment.

Next Meeting:
The next Zoning Board meeting will be held on Thursday, April 12, 2012. 

Adjourn:

 There being no further business to come before the board at this time, the  meeting adjourned.