CC Minutes 10/12/2009 - Laserfiche WebLink

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CASSELBERRY CITY COMMISSION Minutes of October 12,2009- Regular Meeting Page 8 of 13 Staff Presentation: Ms. Sandra Smith, Chief Planner, stated Ordinance 09-1305 provides for minor amendments to Section 2-7.17, Home Occupations, of the City's Unified Land Development Regulations. The recommended changes include adding four uses to the prohibited use list, prohibiting on-site customers, creating sections discussing internet/online sales and arts & handcrafts, incorporating references to relevant code sections, requiring property owner authorization letters for tenants to conduct home occupations, and updated language to reflect current City procedures and State Statutes. The Planning and Zoning Commission reviewed the proposed changes on August 25, 2009 and recommended approval to the City Commission. Ordinance 09-1305 was approved on first reading on September 14, 2009. During the first reading of the ordinance, discussion occurred concerning the addition of internet/online sales as a home occupation. Ms. Smith stated while adding this as an approved use, this type of use is prohibited from selling or storing any materials or goods related to any of the prohibited uses listed within # 12 of the home occupation provisions. Budget Impact: This item has no impact to the budget. Recommendation: The City Manager and the Community Development Directorrecommended approval of Ordinance 09-1305 on second and final reading. Public Hearing: The following individual cameforward to address Ordinance 09-1305: I) Mr. James Fraleigh, 1290 Seminola Boulevard, spoke in opposition to Ordinance 091305. No one else came forward. Mayor Glancy closed the public hearing relative to Ordinanc09-1305. MOTION: Commissioner Solomon moved to approve and adopt Ordinance 09-1305 on second and final reading, as presented. Motion was seconded by Vice Mayor Hufford. DISCUSSION: Commissioner Miller voiced concerns regarding the possibility that these types of regulations create a perception of an intrusion of privacy. Commissioner Doerner stated she was supportive of this ordinance but thinks the regulations will be difficult to enforce. Commissioner Solomon stated she was in favor of Ordinance 09-1305 because it will help protect property values and improve the City's image. Vice Mayor Hufford stated she was supportive of Ordinance 09-1305 and felt it was intended for extreme violation cases and will protect residential neighborhoods. The City Attorney addressed the concerns about the regulations being perceived as intrusive, by stating the intent is to eliminate impacts to the residential neighborhoods by providing a list of prohibited uses,and that regulations that only provide impact standards are equally difficult to administemnd enforce. Motion carried unanimously by voice vote 5- O. B. First Reading of Ordinance 09-1307 - Annexation of Seminola Park Area at Button Road The City Clerk read Ordinance 09-1307 by title as follows "AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, RELATING TO