Building and property development issues dominated the October 5 Commission meeting. The related issue of a limited temporary moratorium also caused a contentious discussion. Development of a housing tract adjacent to Cedar Key drew critical remarks and elicited plans for a letter to the Levy County Planning Commission. Commissioner Sue Colson announced resumption of dredging in the City Marina.
Two quasijudicial hearings, one a request to utilize fill material on vacant land and a second requesting a variance from set back line, took more than two hours. H & R Enterprises applied for permission to add fill on lots west of Gulf Boulevard and east of Nelson`s Cove. Membership Corporation asked for a variance that would allow construction of four residential units and a meeting room on a sixty-five foot deep lot adjacent to the Cedar Cove Marina.
H & R Enterprises proposed adding fill no more than two feet deep at two locations, one about 100 X 75 feet and one 100 X 150 feet. George Sandora, representing H & R Enterprises, was repeatedly questioned about the volume of fill, but gave no quantified answer. A map submitted with the request showed the approximate areas to be filled. Mickey Wieland, Cedar Key`s Building Official recommended denial of the request, based on city code that allows fill only around existing structures. The code provision is to mitigate flood hazards.
Mr. Sandora said that the code does not address vacant lots. He cited five or six sections of the code in support of the application, and closed saying," The applicants have done everything that they have been asked to do."
Six parties spoke in opposition to the request. The thrust of the opposition was that flood waters would be directed onto their properties if the fill was allowed. Other than the applicants, no one spoke in favor of the request.
Commissioner Vanessa Edmunds asked if adding fill would endanger Cedar Key`s eligibility for FEMA flood insurance. Commissioner Colson pointed out the requirement that fill be noncompacted and therefore subject to erosion in a flood rather than directing flood water elsewhere. Nolan Freeman, who lives near the proposed fill area, objected strongly to the request. After deliberation the Commission voted unanimously to deny the request, stating support for the building official and expressing the need to meet FEMA regulations. Member Corporation, like H & R Enterprises was represented by Mr. Sandora. It requested that it not be required to set back a building fifty feet from the water. Crucial to the request was what water. Sandora referred to water an unspecified distance outside the Cedar Cove Marina, whereas the building official referred to a bulkhead at the property line at the water in the marina. The depth of the lot is about sixty-five feet. Only the applicants spoke in favor of the request. Greg Beauchamp, speaking for Townhouse Association, itemized five reasons that the request should not be approved, anyone of which he said would be fatal. He put particular emphasis on the incomplete plans for the development. Dr. John Andrews seconded Beauchamp`s objection that traffic congestion would become worse, and showed a photograph of the extremely low water in the marina as evidence that yachts would have difficulty using the marina basin. Gina Stefani, owner of the Island Room Restaurant, reiterated the congestion problem. She said that the eighteen parking spaces needed for the four residential units and meeting room would cause congestion beyond current crowding. Ted Surrett, whose residence is nearby noted that the plan had changed from two units to four.
Mr. Sandora`s rebuttal to the complaints was interrupted by Member Corporation`s attorney who asked that the application be withdrawn. Mayor/Commissioner Paul Oliver granted the request.
When the Commission began the first reading of the moratorium ordinance, George Sandora rose to say that the ordinance had not been properly advertised. Mayor Oliver decided that the ordinance would be read and reread at another meeting if the advertisement had been inadequate. Dan Holland objected to the conditional use permit requirement for housekeeping units, and others objected to the possibility of a moratorium extension. Mayor Oliver reiterated that the moratorium was intended to avoid a rush of requests prior to revision of the Comprehensive Plan.
In other business, the Commission authorized hiring of a contractor to build a floating dock to replace a dock lost in recent storms. | 