CC Minutes 05/10/2010 - Laserfiche WebLink

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CASSGLBERRY CITY COMMISSION Minutes of May lo, 2010 -Regular Meeting Page ] 2 of 15 12. OTHER ITEMS A. Appeal for Modification of Construction Hours at 750 Seminola Boulevard ~Kin~dom Hall of Jehovah's Witnesses) Staff Presentation: Consideration of an appeal by the property owner, Kingdom Hal l of Jehovah's Witnesses, to modify the days and hours allowed for vertical construction work (building construction) of the church located at 750 Seminola Boulevard so that it may be conducted on the weekends ofJune 5-6, June 26-27, and July 3-4, 2010. For these three weekends, the owner has requested consideration for work hours of 8 a.m. to 8 p.-n. for Saturdays and 8 a.m. to 5 p.m. for Sundays. Mr. Ed Torres, Public Works Director stated the owner has requested consideration by the City to allow weekend work since building construction will be completed by volunteers. Using the guidance in the City Code, staffwas unable to justify an extension outside weekday work hours for building construction. However, such a staff decision is appealable to the City Commission for further discussion. Under Section 68-93 of the City Code, working hours for site work are 7 a.m. to 6 p.m. Monday through Friday and 8 a.m. to 6 p.m. on Saturday, with no work permitted on Sunday. The Code does not provide for any weekend work for the construction and repair of buildings (vertical construction). Per Section 58-56(b)(9), staff is only able to modify the hours in case of `'...urgent necessity in the interest of public health and safety..." Staff did not approve the request because it was not readily apparent that these criteria were met. Mr. William Ruzycky, WR Construction, Inc., 744 Hunt Club Trail, Port Orange, FL, came forward and spoke on behalf of the property owner. Mr. Ruzycky gave an overview of the Kingdom Hall construction projects throughout the State of Florida and utilization of volunteers. Mr. David Benham, 9 Lee Place, Palm Coast, FL, gave an overview ofthe specific workto be accomplished on each requested weekend. Discussion: Discussion ensued amongst the City Commission regarding impacts that the requested weekend work would have on the surrounding properties which include another church and residential properties. Discussion included the timing around school graduations and the Independence Day holiday. Mr. Maxwell Wright, 4445 Edgewater Drive, Orlando, F1, state the workers that build the Kingdom Halls volunteer their time at no cost and come into a project on weekends; they work during the week to provide for their families. The benefit of allowing the three weekends of work will allow the property owner to focus on getting the work accomplished more quickly and to do so with the least disruption to the neighborhood since without the weekend volunteers, the project will take a month or two longer to complete. Discussion continued regarding whether or not the request to work on the weekends met the criteria to establish an urgent necessity in the interest of public health and safety. Commission consensus was that the modification of hours request to work on the weekends did not meet the criteria and was not an urgent necessity in the interest of public health and safety. MOTION: Commissioner Hufford moved to deny the appeal for modification of construction hours at 750 Seminola Boulevard (Kingdom Hall of Jehovah's Witnesses). Motion was seconded by Commissioner Doerner.