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Home My WebLink About01-27-2016 BOA Minutes w Council Regular City Council/CRA/BOA Meeting January 27, 2016 Page Seven MOTION by Ms. Coy and SECOND by Mr. Hill to authorize the City Manager to flush out the costs, incurring no expense, and bring back for further discussion from CRA with possible RFP. Roll Call: Ayes: Coy, Hill, McPartlan Nays: Gilimor, Adams Passed: 3-2 C. Mayor Gillmor adjourned the Community Redevelopment Agency meeting at 7:35 p.m. 9. CONVENE AS BOARD OF ADJUSTMENT A. Mayor Gillmor called the Board of Adjustment Meeting to order at 7:35 p.m. Roll Call: Present: Mayor Richard Gilimor, Chairman Vice Mayor Jerome Adams Council Member Andrea Coy Council Member Jim Hill Council Member Bob McPartlan 79-81 B. Approval of Minutes - Excerpt of 11/18/15 (Excerpt of Council/BOA minutes) MOTION by Vice Mayor Adams and SECOND by Mr. McPartlan to approve the 1/13/16 minutes passed on a voice vote of 5-0. 82-104 C. Quasi-Judicial Hearing on Request from Brian Frazier, 851 Williamson Avenue "Variance Requested from Section 54-2-7.13(b)(4) of the Sebastian Land Development Code to allow a boat to be parked in the driveway in front of the house, whereas the Code requires the boat to be located behind the front building line, and in no event less than 25 feet from the front house line, or be located wholly within a carport or garage." Mayor Gillmor opened the quasi-judicial hearing at 7:36 pm Attorney Armitage read the title. No member of City Council disclosed any ex-parte communication. The City Clerk swore in all who intended to provide testimony, including the applicant and City Senior Planner. Applicant Brian Frazier gave a presentation on the variance request to allow his boat to be parked in the driveway in front of his house, citing the three foot height of the house for septic system which does not provide room on the side, and unsuccessful efforts by contractors to provide a pad on the side of his house over a portion of the easement. He said as he drove around Sebastian he saw other boats visible from the road, but later found out that was based on the configuration of the house and where the front line of the house is determined to be. He said he did not understand how the Code affected him and not other properties where the boat is visible and apparently in the front on corner lots. He said he submitted photos of these situations. 8 Regular City Council/CRA/BOA Meeting January 27, 2016 Page Ten Senior Planner, Jan King, presented the staff report noting it is clear the boat is in front of the front line, the house has no issues and is a standard lot, meets all setback requirements, that the house is set back 36 feet from the front property line with the average being more like 25 to 30 feet, though she was not sure this has that much bearing on this since the boat is still in front of the front line of the house. She said she understands his concerns, citing the photos he submitted, and said some may show some violations and she will turn them over to Code Enforcement, and some may or may not be violations. Mayor Gillmor said it is hard to tell from photos and said it could be someone using their boat out front to clean it and Ms. King said possibly, that Code Enforcement doesn't stop immediately but may visit the next day. She explained how allowable area is determined for corner lots. She closed by stating the applicant created the condition himself, and staff thinks it would be a a special privilege, that they struggled to find that there is anything unique about this request, and cannot find a lot of good information in his material to justify the variance. She said the applicant suggested conditions for the Board's consideration and it is up to Board to find justification for the variance. Mr. Frazier said showing the photos of boats was his point that if you can see a boat parked, whether in a garage or on the side of an L shaped house, that you can see the boat, and was not trying to say that any of the boats in the photos were in violation. Mayor Gillmor opened the floor for anyone in favor of the request and there were none. Mayor Gillmor opened the floor for anyone opposing the request. Ben Hocker, Sebastian, asked if we do this for a boat could he have his son move down here in an RV and hook up in his driveway. He said a trailer has a set width and if you only have ten feet, work with it. Applicant provided opportunity to respond to issues raised by staff or public Mr. Frazier said his boat is well maintained and used regularly, his Bronco sits in front of it, he has three vehicles and a motorcycle and all are parked in his driveway, said he sees construction trailers and lawn trailers everywhere in the City which are more of an eyesore than any boat trailer, and said none of his neighbors have any issue with his boat trailer in the driveway. MOTION by Mr. Hill and SECOND by Mayor Gillmor to move staff recommendation for denial. Ms. Coy said to Mr. Frazier said if we approve this, we have to approve everybody's, and the rules are the same for construction trailers and vehicles. She said she had empathy for him and understands some of his reasoning. She said City Code Enforcement needs to go around and do a better job enforcing the current regulations because we are not in the habit of being real proactive but primarily react to complaints, and this has highlighted the need to look around and get proactive because there are a lot of violations, but she cannot approve it. Roll Call: Ayes: McPartlan, Gillmor, Adams, Coy, Hill Nays: None Passed: 5-0 9 Regular City Council/CRA/BOA Meeting January 27, 2016 Page Ten Mayor Gillmor called recess at 7:59 p.m and reconvened the meeting at 8:09 pm. All members present. D. Mayor Gillmor adjourned the Board of Adjustment Meeting at 8:09 pm 10. RECONVENE AS CITY COUNCIL Mayor Gillmor reconvened the Regular City Council Meeting at 8:10 p.m. 11. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Ms. Coy gave an update on a January 20`h meeting which became a public meeting when Mayor Gillmor requested to be present. She said they met the next day where she, the City Manager, the Embroidery Club, the Quilters and the Art Club met and exchanged paperwork. She said to date she still did not have 501c anything for the Art Club. Mayor Gillmor said he called the IRS and they assured him the Art Club is a 501(c) 7 and cited a number that he gave to the City Manager and instructed Jean to call and verify. He said Ms. Coy can get that number from the City Manager to call the IRS to verify by giving them the EIN number. Ms. Coy said she did call twice and they have no record of approving and if they are a 501c7 it is a requirement that you have the form 1024 available upon public request. Mayor Gillmor said he called and they are registered and IRS is sending a letter which would take 10-14 days to mail but they could not fax or email, but anyone can call the IRS who gives the proper EIN number and verify it. Ms. Coy said she was told there is no record twice, and said she would like to agendize this at the next meeting and would like to see the form 1024, application from IRS. Mr. McPartlan said he was talking to two homeless women at the Samaritan Center who were trying to reach IRS and he advised to call Senator Rubio or Nelson for assistance. Mayor Gillmor said he gave the number to call to the City Manager and asked Jean to call though he did not know whether she did because it is not her job to take orders from Council, and this has been blown up to unbelievable proportions. Ms. Coy said the reason is we have given credibility to an organization being a 501(c)3, then 501 (c) 4, now 501 (c) 7 for five years granting privileges as a non-profit organization. Mayor Gillmor said the Art Club has been a non-profit for about 75 years. Ms. Coy said but not recognized by the IRS. Mayor Gillmor said we will put that to rest when the paperwork comes in. Ms. Coy again asked to put this on the next agenda for discussion of documents fp!: the Art Club and Mayor Gillmor asked if she wanted to make a motion. Ms. Coy said she can asl: the City Manager as a Council Member to agendize items and not ask permit. on. 12. PUBLIC HEARING -,None /277 10 • March 23, 20'16