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HomeMy WebLinkAbout08 10 2016 BOA Minutes w CouncilRegular City Council Meeting & Board of Adjustment Meeting August 10, 2016 Page Two Mr. Kuehn said the Gehring Group and staff are recommending the City go with alternative #1 whereby the employee will meet the $2,000 deductible and then be responsible for 20% of the negotiated price between UniteclHealth Care and the provider's price until they meet the out of pocket maximum. They also recommended a change to Humana for dental and vision care. The City Manager advised these numbers would be incorporated into the FYI 6/17 budget plans. B. Brief Announcements i. Florida Fish and Wildlife Conservation Commission Tortoise Workshop — August 18 from 9:00 a.m. to noon in Council Chambers The City Manager invited anyone interested to contact Michelle Stromberg. Ms. Coy announced the Indian River County Commission Candidate Forum sponsored by the Sebastian River Area Chamber of Commerce will be held next Tuesday, August 16th from 7 to 9 p.m, in chambers. 7. RECESS CITY COUNCIL MEETING AND CONVENE AS BOARD OF ADJUSTMENT A. Chairman McPartlan recessed the City Council meeting and called to order the Board of Adjustment meeting at 6:16 p.m. Members Present: Chairman Bob McPartlan Council Member Andrea Coy Council Member Richard Gillmor Excused Absence: Vice Mayor Jerome Adams Council Member Jim Hill B. Approval of Minutes — March 23, 2016 MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve the March 23, 2016 minutes. ROLL CALL: Ayes: Coy, Gillmor, McPartlan Nays: None (Absent: Adams, Hill) Motion carried. C. Quasi -Judicial Hearings: i. Charles Mauti and Patricia Pezzullo, are requesting a fence to be installed on a vacant lot without an existing house, or not unified to a lot with an existing house, whereas the code requires the presence of a principal building before an accessory structure or use can be permitted. Mayor McPartlan opened the hearing at 6:16 p.m. and the City Attorney read the request. There was no ex -parte communication to disclose. The Clerk swore in those who were to give testimony. The Community Development Director described the request and went over the Land Development Code regulations. Regular City Council Meeting & Board of Adjustment Meeting August 10, 2016 Page Three She said there was an extreme nuisance cutback which allowed the applicant to observe dumping and trespassing done on the site, and the fence would prevent future dumping. She also outlined staff's recommended conditions on page 25. Charles Mauti, applicant, said a fence would be allowed if there was a principle structure. Sal Neglia, 461 Georgia Blvd., spoke in favor of the fence request. There were no objections to the variance. Ms. Coy said this was an unusual request and reminded the applicant there cannot be outside storage or parking. MOTION by Ms. Coy and SECOND by Mr. Gillmor to approve the request for a fence on the vacant lot. ROLL CALL: Ayes: Gillmor, McPartlan, Coy Nays: None (Absent: Adams, Hill) Motion carried. The Community Development Director advised that staff would like to make proposed amendments to fence regulations in the future. ii. StoreRight (Sebastian XIII), LLC — Mr. Shaun Puri, is requesting a 7.28 - foot setback variance from the required 20 -foot setback to allow for a 12.72 setback along the southeast property line; and a 10 -foot setback variance from the required 20 -foot setback requirement on the northwest corner of the property to allow for a 10 -foot setback. The City Attorney read the title and Chairman McPartlan opened the hearing at 6:26 p.m. Chairman McPartlan and Ms. Coy said they received two e-mails opposed to the request. In response to the City Attorney, all members agreed they could neutrally consider the application on the record presented tonight. The Clerk swore in those who were to give testimony. The Community Development Director stated the City has received 13 e-mails and letters along with a petition of 84 signatures in opposition to the request. She described the request. She said the encroachment into the conservation area does not constitute a special circumstance; if the variance is approved, the applicant will not have enough room for a healthy landscape; and if the applicant reduced the parking aisles the request would not be needed. Staff recommended denial of the variance. Warren Dill, attorney representing StoreRight (Sebastian XIII), LLC., withdrew the southeast corner variance request. He said two special conditions peculiar to this land are the water runoff for the Sebastian Crossing Subdivision drainage easement crosses over the property; and the rear property line is not straight. Regular City Council Meeting & Board of Adjustment Meeting August 10, 2016 Page Four He said the required 20 ft. setback is met except for four parking spaces at the rear of the property as depicted in Exhibit B. He said the applicant didn't create the conservation and drainage easement or the irregular lot line; and, the applicant will not receive any special privilege. Mr. Dill said leaving four parking spaces partially uncovered is a marketing hardship; the minimum variance is requested; the rear setback would not be injurious to the public welfare given it abuts the conservation easement. He displayed photographs of the rear setback and the view from CR512. (see attached) Steve McConn, P.E., Chastain, Skillman, Inc., said all of the water discharged by this development will be routed to the stormwater pond and won't exceed the amount permitted. There was no public input favoring the request. Doug Vitunac, attorney representing business owner Steve Philipson, said Mr. Philipson opposes the variances and would like to have the rules apply the same to everybody. Mr. Vitunac said the owner of the property is different than the applicant so the problem is self-created; the applicant knows "going in" the variance is needed. He said Florida law provides that an inconvenience isn't enough for hardship and cited several court cases. (See attached) He said a storage facility at the City's transportation gateway is not in harmony with the intent of the City's comprehensive plan. Mr. Vitunac said a conditional use might be compatible with other uses in zoning district if other certain conditions are met; mini -storage units have conditions prohibiting setbacks of less than 20 feet. Dick Krull, homeowner representing 180 Sebastian Crossing home owners, displayed six exhibits and described how the project will affect the homeowners. (See attached) He said the development wasn't appropriate for the area; it would add to significant congestion, undesirable street scape, potential flooding, lower property values; and, there are no special circumstances warranting the variance. Response to the Opposition Brian Good, P.E., Kimley-Horn and Associates, representing the applicant, said many of Mr. Krull's concerns are outside of the control of the applicant; a storage facility is one of the least traffic productive traffic generators and considered de minimis according to City code; an access road is far safer than each business having an entrance onto CR512. Mr. Dill said he believed the applicant met the criteria for the variance and asked for approval. The Community Development Director recommended denial. The City Attorney advised there is a set of criteria that they should be looking at; they were acting as the judges and whether it meets the requirements of the Code. He said their first motion should accept the withdrawal of the first variance. rd Regular City Council Meeting & Board of Adjustment Meeting August 10, 2016 Page Five He also advised that a zoning application has to be decided on what was presented and not by how many were in favor or against the project. Ms. Coy said she understood that Mr. Philipson's endeavors to open his facility cannot play into her decision. The Community Development Director advised the withdrawal of the first response does not affect the opposition correspondence on file. Ms. Coy said if the storage unit meets the criteria, it could still happen. MOTION by Mr. Gillmor and SECOND by Ms. Coy accept the withdrawal of the application for a 7.28 -foot setback variance from the required 20 -foot setback to allow for a 12.72 setback along the southeast property line. ROLL CALL: Ayes: McPartlan, Coy, Gillmor Nays: None (Absent: Adams, Hill) Motion carried. MOTION by Ms. Coy and SECOND by Chairman McPartlan to deny a 10 -foot setback variance from the required 20 -foot setback requirement on the northwest corner of the property in accordance with staffs recommendation. ROLL CALL: Ayes: McPartlan, Coy, Gillmor Nays: None (Absent: Adams, Hill) Motion carried. D. Chairman McPartlan adjourned the Board of Adjustment Meeting at 7:37 p.m. Approved at the September 28, 2016 13oaxp o .-Adjas 8. RECONVENE AS CITY COUNCIL - I Mayor McPartlan reconvened the City Council meeting at 7:45 p.m. b Mayore 9. CONSENT AGENDA AA. Approval of Minutes — July 27, 2016 Regular Meeting J i 16.008 B. Resolution No. R-16-21 3r0 Quarter Budget Report (Transmi I,1 'RWPr) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2015 AND ENDING SEPTEMBER 30, 2016 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Added C. Approve Alcoholic Beverages for Garcia Event at Community Center on August 13, 2016, from 6-10 p.m. (Transmittal, Application, Receipt) Added D. Approve Alcoholic Beverages for Sheppard Event at Yacht Club on September 10, 2016 from 2-6 p.m. (Transmittal, Application, Receipt) MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve consent agenda items A -D. ROLL CALL: Ayes: Coy, Gillmor, McPartlan Nays: None (Absent: Adams, Hill) Motion carried.