SEBASTIAN — At its Oct. 2 meeting, the Sebastian Planning and Zoning Commission advised city staff to hold off, for the time being, on crafting an amendment to solve problems staff is having in dealing with applications for temporary use/special events which take place outdoors on non-public properties – mostly flea markets.
Instead the Commission told staff to strictly enforce the current code.
“Don’t turn us into Fleamarketville,” Louise Kautenburg urged her fellow Commissioners.
At the Commission’s August meeting, Community Development Planner Dorri Bosworth explained that staff receives approximately 20-25 applications a year, considerably more than when the code was adopted in 1995.
Staff’s policy has been “to not require permits for events held inside a church, civic organization or private club building,” such as fundraising and fellowship. “But certain events inside would still require a permit if staff felt there was a public safety issue that should be considered, or if it involved transient merchants/vendors.”
Bosworth further explained that staff has made an effort to accommodate applicants by allowing the current $125-per-event fee to cover multiple events, by placing them all on one application.
This, however, has become troublesome, with applications being made for multiple events that would take place regularly, usually monthly, for extended period of time – while paying only one fee.
Also at issue, said Bosworth, are applications for events that are not conditional or permitted uses, allowed in the zoning district, as required by the temporary use code.
Staff sought Commission’s recommendation on how many of the same kind of event could be allowed during the year before being considered a permanent use of the site.
Currently several churches and community organizations have begun to schedule similar events – mostly flea markets – on a regular monthly basis.
Staff initially proposed setting the cash bond higher than the current $200 if the applicant was not the property owner; limiting the number of similar events that could be held in a year – somewhere between 2 and 6; lowering the fee to $35 per event; and providing for an appeal process before the P&Z Commission.
After lengthy discussion, no consensus was reached, and the Commission sent the staff back to rework the proposal.
Staff complied, and brought a carefully rewritten proposal back to the Commission’s October meeting.
Despite the rewrite, there were even more conflicting opinions, confusion and discussion than the first time around.
Commission member Louise Kautenberg was strongly opposed to more than two flea market-type events in a year, saying she was concerned that Sebastian would turn into Fleamarketville.
She read an ad for one such event she said was a flea market “in the guise of a fundraiser” with an organization opening up space for people who are in the flea market business and don‘t have to have a business permit as do the permanent local businesses.
“It has kept me awake,” she stated, and mentioned the “huge banner” in front of one local establishment. “I think once, or maybe twice a year is enough. It’s just not fair to Sebastian businesses or people.”
Commission member Joel Roth said such multiple events are “detrimental to the neighbors.”
Commission member Larry Paul suggested “we send this back to be reworked. There is a plethora of items – we could go crazy here.”
Commission Chair Ed Dowd, seeing no consensus, suggested that staff simply “enforce the code to the letter of the law – $125 for each event, one event per application.”
“That’s what we wanted to hear,” said Bosworth.
The Commission agreed that no changes would be made at this time, and staff would strictly enforce the current code for a while to see whether the problem is solved, returning to the Commission if more action is needed.
