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HomeMy WebLinkAbout11-18-2015 BOA MinutesRegular City Council Meeting/BOA November 18, 2015 Page Three Ms. Flickinger asked Ms. Coy when she receives these calls to please send her an email and give her a call, stating that the trouble ticket needs to be very specific. Ms. Coy said she also gets calls about half of a tree being removed. Mr. Stralia said they get calls about unsightly trimming, cited pamphlets they left in the Chambers showing how and why they have to trim trees for what is best for reliability and for the tree. She said people plant the wrong trees under their wires, invasives being a particular problem, and FPL wants them out and not have to keep trimming them. She noted brochures left on the back table. Mayor Gillmor asked Ms. Flickinger to make sure all Council Members get her email. Mr. Stralia said the customer call in line was 1-800-226-3545 or people can go to FPL.com and submit a customer trim request, and the same information is on the bottom of FPL bills. He then described the location of the various power lines in back yards, noting phone, cable and communication lines on the bottom, the middle are FPL neutral lines which are not live and on the top is the live FPL line which can spark and arc. He said by the end of the year most of Sebastian lines will be trimmed out. Mr. Stalia said if a tree limb is into a transformer there will be interruption and you will hear them blow, citing invasives such as bamboo, palm trees, and Australian pines. He said they trim neighborhood lines once every six years, and feeder lines are trimmed once every year, noting native vegetation will hold that cycle but invasives will not. Ms. Flickinger said the transformer is the thing that looks like a garbage can on top of a pole. D. Brief Announcements • Saturday, November 28, 2015 —Sebastian Art Club Show in Riverview Park — 10 am to 4 pm • Friday, December 4, 2015 — Chamber of Commerce Light Up Night • Saturday, December 5 - Christmas Parade Indian River Drive — Main Street to Riverview Park — 6 pm • Saturday, December 5 and Sunday December 6 - Craft Club Show in Riverview Park — 10 am to 3 pm • Friday, December 18, 2015 — Local Law Enforcement — Shop with A Cop Event • January 16 8 17, 2016 - Fine Art and Music Festival — Indian River Drive Mayor Gillmor read announcements listed above. 7. Recess City Council Meeting and Convene as Board of Adiustment (Per Code of Ordinances City Council Acts as Board of Adiustment) A. Mayor Gillmor called the Board of Adjustment Meeting to order at 6:40 p.m. B. Approve October 8, 2014 Board of Adiustment Minutes (Minutes) MOTION by Mr. Hill and SECOND by Ms. Coy to approve the minutes passed on a voice vote of 5-0. John and Lynn DiPerri, in regards to Lot 2, Block 104, Sebastian Highlands Unit 2, located at 608 Layport Drive, are requesting a variance to allow a screened porch and pool area to be 6.8 feet from the rear property line, whereas the code requires such structures to be 10 feet from the rear property line. The City Attorney read the title, no member of City Council had ex -parte communications to disclose, and the City Clerk administered the oath to all who intended to offer testimony. The Community Development Planner presented the staff report, noting this is an existing swimming pool constructed in 1992, and based on incorrect information, the contractor 3 Regular City Council Meeting/BOA November 18, 2015 Page Four assumed the seawall was the property line, the pool ended up in the wrong location, and the pool deck was extended into the setback area. She noted the property has changed hands, staff knows now about the encroachment and the new owners want to put in a screen enclosure and are requesting relief. Mayor Gillmor asked for clarification that they are not asking to go further than the existing deck and Ms. King said they are not. Mayor Gillmor opened the floor for anyone in favor and there were no responses, then asked for anyone opposed and there were no responses. Ms. Coy noted the City replaced seawalls in this area and there are tiebacks into the properties, was encouraged that the new enclosure is not going any farther, but her only concern was does the City need to add wording to protect the City in the future if the City has to do something with those tiebacks. Ms. King said there are 10 to 14 feet between the seawall and their property line and though the deck is into the setback, it is not into City property. The City Manager said he was comfortable with this request. Mayor Gillmor asked for clarification that nothing is going below the level of the slab and Ms. King said the contractor may be here tonight to respond. Heather ???, said there is no concrete work being done, only the screen enclosure. Mayor Gillmor closed the hearing at 6:45 pm. MOTION by Ms. Coy and SECOND by Mr. McPartlan approve the requested variance for Lot 2, Block 104, Sebastian Highlands. Rall Call: Ayes: Gillmor, Adams, Coy, Hill, McPartlan Nays: None Passed: 5-0 ii. Virginia Weirich and Julie Fischer, in regards to Lot 5, Block 43, Sebastian Highlands Unit 2, at 672 Jordan Avenue, are requesting a variance to construct an eight (8) foot fence along the sides and rear of their property, whereas the Code would permit such fence to be a maximum six (6) feet in height. The City Attorney read the title, no member of City Council had ex-parte communications to disclose, and the City Clerk administered the oath to all who intended to offer testimony. The Community Development Planner, presented the staff report on the request for an eight foot fence, though Code allows only six feet in residential areas, the reason being for privacy because of the elevation drops around the perimeter of their property, a six foot fence would only afford the effect of a four foot fence. She said there have been several fence variances in this general area over the years, and cited one photo submitted by the applicants that is very telling in that if you look from their property to the next property over the neighbor's six foot fence, you can see right into the chairs on the pool deck. Mayor Gillmor said we are probably going to get into more of these things since we mandate higher builds for septic tanks and a six foot fence would do nothing, asking if we should change the code. 4 Regular City Council Meeting/BOA November 18, 2015 Page Five Ms. King said though she thought eight foot fences were kind of offensive in situations where we don't have that drop, it could be changed to an administrative variance to be signed off by the director, and she could see both sides of this issue. Mr. Hill said it appears there is already a six foot fence on the property, and Ms. King said that is the neighbor's fence. Mr. Hill then remarked that picture two shows it goes into the City easement where it drops off and there is an extension under it, so in this area the fence is probably closer to eight feet already. He asked if the applicant intends to build a level fence of eight feet right into the easement which would make it more like ten feet, or follow grade. Ginnie Weirick and Julie Fischer, came to the podium and Ms. Weirick said the neighbor's fence behind them is really about seven feet in the back, they want to enclose their pool area and not go along the sides of the house. Mr. Hill said if they go eight feet and stay level the fence will be close to ten feet at the back of the property. Ms. Weirick said they want to go level but it would not be ten feet but maybe eight. Mr. Hill asked would they step it down. Ms. Weirick said it would be no higher than eight feet. Mr. Hill asked if the fence is to be constructed in the easement, had they vacated the easement, and Ms. King said vacation is not required for a fence, because utilities can take down a fence. Ms. Coy said she was fine as long as they are not bringing it way forward to the front. Ms. Wierick said it may have to come up alongside the house only about three feet from the back on one side for the pump. Mayor Gillmor opened the floor for anyone in favor and there were no responses, then asked for anyone opposed and there were no responses. MOTION by Ms. Coy and SECOND by Mr. Hill to approve Roll Call: Ayes: Adams, Coy, Hill, McPartlan, Gillmor Nays: None Passed: 5-0 Adjourn Board of Adiustment Meeting and Reconvene as City Council EIU) Mayor Gillmor adjourned the Board of Adjustment meeting at 6:59 p.m. 9. CONSENT AGENDA A. Approval of Minutes — October 28, 2015 Regular Meeting 15.152 B. Approve the Rescission of A & B Leasing/Velocity Land Lease; Approve the Transfer of the Velocity Production Facility to the City; Approve the Airport Lease of Velocity Production Facility to Velocity; Authorize the City Manager to Execute Appropriate Legal Documents (Transmittal, Proposal, Lease Table, Sept Transmittal, Rescission, Inspection, Deed, Lease) 15.179 C. Approve Resolution No. R-15-39 — Amending Community Development Permit Review Fees (Transmittal, R-15-39, Current Schedule) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING VARIOUS COMMUNITY DEVELOPMENT PERMIT REVIEW FEES; P (DING FOR CONFLICTS -HEREWITH; PROVIDING FOR AN EFFE TIVE DA . �Z7//� �(D,