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Board of County Commissioners <br />Meeting Minutes - Final March 5, 2019 <br />Attachments: Request to Speak Form. <br />Spencer Simmons, 118 43rd Avenue; and Tim Campbell, 7330 37th Street, <br />appeared before the Board to protest a Code Enforcement ruling which allowed a <br />commercial business to operate in their Agriculture -zoned neighborhood. Using a <br />PowerPoint presentation, Mr. Simmons displayed images of the buildings, <br />commercial vehicles, and traffic at the subject property. He went on to explain <br />that the business, Caribbean Lawn and Landscaping, had been cited for violating <br />County code by erecting a building without a permit and violating the zoning use <br />of the property. The Code Enforcement Board ruling, however, allowed the <br />business to continue operation contingent upon the completion of a planned <br />commercial nursery. <br />Mr. Campbell spoke of his concern regarding the increased traffic, loss of <br />property value, and the precedence. this would set to allow for similar businesses <br />to open in the area. <br />Chairman Solari requested clarification on the County code. from Stan Boling, <br />Director of Community Development. Director Boling explained that agricultural <br />operations, such as commercial nurseries, receive protection under the <br />Right -to -Farm Act; this includes a preemption from pulling a building permit, and <br />the ability to run an accessory business on the land. A business could be ruled as <br />accessory, or subordinate, based on the percentage of the lot it uses. <br />The Chairman expressed concern that this company was gaming the system by <br />using the wholesale nursery business as a gateway for the landscaping operations. <br />The other Commissioners expressed similar views, and cited examples of <br />companies that were in keeping with the intention of the code. <br />Roland •DuBlois, Chief of Code Enforcement, recounted the facts and analysis <br />that led to the Code Enforcement Board's ruling. <br />The consensus of the Board was that while they could not interfere in this ongoing <br />case, they would like to consider modifications to the code that would prevent <br />misrepresentations or abuses of the zoning rules. The County Administrator and <br />staff were instructed to research modifications to the code that would balance the <br />needs of agriculture and commercial business. <br />No Action Taken or Required <br />C. PUBLIC NOTICE ITEMS <br />Indian River County Florida <br />1637e 12 <br />Attachment 1 <br />