OFFICE OF
THE CITY COUNCIL
117 WEST DUVAL STREET,
SUITE 425
4TH FLOOR, CITY HALL
JACKSONVILLE, FLORIDA 32202
904-630-1377
LUZ Special Committee Meeting Minutes
August 2, 2016
4:45 p.m.
Topic:
Appeal Hearing 2016-412
Location:
City Council Chamber, 1st floor, City Hall – St. James Building, 117
West Duval Street
In attendance:
Council Members Danny Becton (Chair), Jim Love, Doyle Carter, Al Ferraro,
Reggie Gaffney, Joyce Morgan, Matt Schellenberg
Also:
Folks Huxford and Bruce Lewis – Planning & Development Department; Susan
Grandin – Office of General Counsel; Jessica Matthews – Legislative Services
Division; Dan MacDonald – ECA Dist. 11; Yvonne P. Mitchell – Council Research Division
Meeting Convened:
4:55 p.m.
Chairman Becton called the meeting to order.
Ex Parte: Morgan
Chairman Becton reviewed the hearing procedures. He stated that discussions must remain criteria
specific and any reference to content would not be allowed. The appellant and appellee were provided 20
minutes for presentation. Mr. Brian DiMaggio, for appellant, pointed out that the
Planning Department had determined the application met the criteria for a
variance; the use of the property was limited due to size; and the owner’s lack
of knowledge of the rezoning. The applicant requested the additional height to
ensure that flag could be visible from the expressway. No speakers were in
attendance; therefore, the public hearing was opened and closed. Mr. Jason Teal
discussed the parameters of the hearing and presented his case to deny the
appeal considering the requirement of the height restriction on residential
property, and the zoning code reference to an accessory structure without a
principal use. Mr. DiMaggio was allowed time for rebuttal.
Ms. Grandin reviewed the Standard of Review and importance
of the committee to use “competent, substantial evidence” presented pursuant to
Council Rule 6.201 and Chapter 656. This case was considered “de novo” which
means the committee would take a fresh look at the information (previous
evidence and deliberations) and consider any new information. The committee proceeded
with deliberation and voted to deny the appeal.
Motion/2nd move to grant appeal limiting height
of flag pole to 35 feet – Schellenberg/Gaffney
Motion/2nd move to deny appeal – Ferraro/Gaffney
(6-1) (Schellenberg)
Motion/2nd move denial as amended – (6-1)
(Schellenberg)
Meeting Adjourned: 6:07 p.m.
Minutes: Yvonne P. Mitchell, Council Research
08.16.16
Posted 8:30 p.m.
Tapes: LUZ special
meeting– LSD
08.16.16
Materials: Appeal procedures handout
08.16.16
*
The written minutes
for this meeting are an overview of what was discussed. Please review the audio
to hear the actual dialogue from this meeting.