Loading...
HomeMy WebLinkAbout03 23 2016 BOA Minutes w CouncilRegular City Counclt/BOA/CRA Meeting March 23, 2016 Page Four 7. Recess City Council Meeting and Convene as Board of Adjustment 6:45 A. Mayor McPartlan recessed the City Council meeting and called the Board of Adjustment meeting to order at 6:45 p.m. Roll Call: Present: Mayor Bob McPartlan Council Member Andrea Coy Council Member Hill Council Member Gillmor Absent: Vice Mayor Jerome Adams (excused) B. Approval of Minutes — January 27, 2016 (Excerpt of Minutes) MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve the 1/27/16 minutes passed with a voice vote of 4-0. (Adams absent) C. Quasi -Judicial Public Hearing (Staff Report, Bldg Director Memo,Coy Gillmor Photos, Maps, LaCasse Response, Application) Linda Lacasse, in Regards to Lots 4 & 5, Block 304, Sebastian Highlands Unit 13, Located at 1643 Coral Reef Street, is Requesting a Variance to Install a 288 Square Foot Shed on the Property Where There is an Existing 890 Square Foot Detached Accessory Structure, for a Combined Total of 1178 Square Feet of Accessory Building Area, Whereas the Code Allows for a Maximum of 1000 Square Feet Total The Deputy Clerk swore in all those who would provide testimony. The Planner said the homeowner brought a shed when she moved to the property, was issued a violation, did apply for a permit but due to missing information was denied. The violation was brought before the Special Magistrate for resolution but was tabled pending the Board's decision tonight. The Planner explained that there can only be one 1,000 sq. ft. structure per residence even with two or three adjoining lots; the property was bought with a structure on it that the bank turned it into a storage structure by taking out the plumbing and putting in the garage doors. The Planner went over the eight items to consider when granting a variance on page 26 and said there have been quite of few previous homeowners that had to move their accessory structure. Staff thought it wouldn't be fair to grant this variance since previous homeowners had to remove their structures. Staff asked that if the variance was granted it would apply only to the shed, if it was removed or replaced it, would have to be 1,000 sq. ft. and the applicant would provide structural informational still needed for the permit. Based on the eight items to consider on page 26, staff recommended denial. Regular City Council/BOA/CRA Meeting March 23. 2016 Page Five Ms. LaCasse said she bought the property 18 months ago and was told the structure could be an in-law apartment; the previous homeowner used it as an office/work area, with one bedroom that just needed to be completed. She was advised to make an application and there shouldn't be an issue. They were denied a permit because the structure is considered a garage as opposed to a three room cottage and they are stuck. No one spoke in favor or against the request. In response to Mr. Gillmor, there was notice sent to neighbors within a 350 mile radius in addition to a legal ad. Mr. Hill noted the structure looks like a house and the Planner said it was used as a house by the second owner (previous to Ms. LaCasse) and did go before the Special Magistrate to bring it back to garage status but that never happened and it started to accrue fines and went into foreclosure. To reduce the lien, the bank removed the plumbing, electrical, the stove, refrigerator voltage. The Planner said the applicant could split the lots and add 400-500 square feet and make it a living unit; within the City, there are some mother-in-law suite homes that have one shared entrance and are considered single family units. In response to Mr. Hili, Ms. LaCasse said she does not have any intention of adding 200 sq. fL to make the structure livable; the bank cut the electrical wires and poured concrete down the plumbing. She would have to tum the imported shed around and make it a garage and make modifications so she would be losing her storage/workshop space. She said the original MLS listing had the property listed as a potential mother -in law -suite. Ms. Coy said it can be turned into another home but she didn't see a way to have it all. Ms. LaCasse said she would like to keep the imported shed and use the structure for a workshop and storage of antique motorcycle parts. Ms. Coy said it wasn't fair to those that applied in the past and those that might come in the future, and she couldn't see a legitimate reason for a waiver. In response to Mr. Gillmor, the Planner said there could be five 200 square foot sheds on the property totally 1,000 sq. fL Mr. Gillmor said they could swap the 110 sq. ft. shed and be in compliance; he would be In favor granting this but limiting it to this instance. The Planner described a Planning and Zoning case where a contractor obtained approval to add onto a 1,000 sq. ft. garage provided the shed was removed but the contractor did not relay that to the homeowner who had to relocate her shed to another property. Ms. Coy said a secondary issue was that there is no paperwork documenting the imported shed was built to code. Ms. LaCasse said she submitted the shed permit from Pt SL Lucie. The Planner said the structural information would still need to be obtained to receive a Sebastian permit Chairman McPartlan asked if the lots weren't united, could they put a 1.000 sq. ft. shed on each lot. The Planner said the code requires there be a principal residential structure to have a shed, so to split the lots there would have to be a house on the second lot. Ms. Coy confirmed the remedy would be to finish the structure as a house. The Planner said the applicant could bring the structure up to 1,200 sq. fL under air and add a garage. Regular City Council/BOA/CRA Meeting March 23, 2016 Page Six Mr. Hill said his first thought is to deny, but his second thought was whether they could have same shed at half the size, and if it would make a difference in the look of property. He said this is a unique situation where the applicant acquired something other than what they thought; the Board could consider this an extenuating circumstance and the approval could stay with this owner. MOTION by Chairman McPartlan and SECOND by Mr. Hill to grant the variance given the pictures of the property, letters were sent out and no one has complained, with the provision that the variance be for the shed only, receiving the building permits and making sure everything is up to code. In response to Ms. Coy, Ms. LaCasse said the motorcycles they rebuild and repair in the workshop are just a hobby. Roll Call: Ayes: Coy, Gillmor, Hill, McPartlan Nays: None Absent: Adams Passed: 4-0 Mr. LaCasse, 1643 Coral Reef, asked if Council would like him to change out the hardy board to stucco. Mr. Hill responded the conditions were stated with the variance. Approved at the AugustA, 2016 Boardo A ustrren ,17 Claixiren Bo ar Attest: ette Win l wE, MT — City Clerk - D. Mayor McPartlan adjourned the Board of Adjustment meeting at 7:23 p.m 8. Convene as Community Redevelopment Agency A. Call to Order and Roll Call Roll Call: CRA Members Present Mayor Bob McPartlan Council Member Andrea Coy Council Member Hill Council Member Gillmor City Council Member Absent: Vice Mayor Jerome Adams (excused) B. Approval of Minutes — February24 2016 (Excerpt of Minutes) MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve the February 24, 2016 minutes. Roll Call: Ayes: Coy, Gillmor, Hill, McPartlan Nays: None Absent: Adams Passed: 4-0