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Home My WebLink About01-08-2020 BOA Minutes w/AttachmentsBOA Minutes Approved at the,§,/24/2020 BOA Meeting. Parliamentary Procedures Workshop Chair�o` d Board of Adjustment ATTEST: & Regular Council Meeting January S. 2020 Page Three Bob Stephen asked if the City Manager wasn't doing this job, did he have to wait untit 1hit next Council meeting to talk to Council. Mayor Dodd advised him to speak under public Input at a Council meeting or call the hotline number to begin a paper trail. It was the consensus of City Council to move up Public Input after the Consent Agenda or Committee Reports through a revision of the resolution. Mayor Dodd reviewed that a Council Member has the power to bring an item to Council and then turn the power to Council who can then act on the item and then give it to the Charter Officers for implementation. Being no further business, Mayor Dodd recessed the workshop at 5:45 p.m. ADJOURN WORKSHOP & CONVENE REGULAR CITY COUNCIL MEETING Mayor Dodd reconvened the Regular City Council Meeting at 6:01 p.m. All Members except Council Member Hill were present. AGENDA ODIFI&ATIO? Modlficallons Mora t lone require unanimous vote of City Council members MOTION by Mayor Dodd and SECOND by Council Member Gilliams to add item #13a reques1mg to lift the spraying moratorium in order to spray the ballfields. Council Member Gilliams said he would not vote for the additional item and requested the information be placed on the next agenda so they would have time to review the material. No further action was taken. 7. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, cart' cafes and awards and brief limey announcements by Council and Staff No public input or action under this heading. Briel'Announcements January 11— Craft Club Show in the Park — 10 am to 3 pm January 18 to 19 — Sebastian River Fine Art and Music Festival in Riverview Park January 16 to 19 — Fellsmere Fmg Leg Festival in Sister City Fallsmere Mayor Dodd announced the upcoming events and the City Manager added the Indian River County Executive Roundtable Committee would be holding their 5K Run Saturday at the Fellsmere Preserve which will support the underserved youth of Indian River County. At 8. ADJOURN CITY COUNCIL MEETING AND CONVENE BOARD OF ADJUSTMENT MEETING Chairman Dodd adjourned the Regular City Council meeting and convened the Board of Adjustment meeting at 6:11 p.m. A. MOTION by Chairman Dodd and SECOND by Mr. Gilliams to approve the May 8, 2019 Board of Adjustment Minutes passed with a unanimous vote of 4-0. Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January 8, 2020 Page Four B. Quasi -Judicial Public Headnq I. FRED AND GLORIA CLIFFORD REQUESTING A VARIANCE FROM SECTION 5&2-5.2.2(d)(5) OF THE SEBASTIAN LAND DEVELOPMENT CODE IN REGARDS TO LOT 45, SAN SEBASTIAN SPRINGS SUBDIVISION REPLAT, LOCATED AT 616 CROSS CREEK DRIVE. THE VARIANCE IS FOR AN EXISTING POOL SCREEN ENCLOSURE TO BE AT MAXIMUM 1.3 FEET FROM THE SIDE PROPERTY LINE OF A CORNER LOT, AND ENCROACH INTO A 5 FOOT UTILITY EASEMENT, WHERE THE REGULATIONS FOR THE RS-20 ZONING DISTRICT REQUIRES THAT STRUCTURES MAINTAIN A MINIMUM SETBACK OF 15 FEET FROM THE SIDE PROPERTY LINE. (Transmittal, Staff Report, Criteria, Exhibits, Application, Aerial, Notice) Chairman Dodd opened the public hearing and the City Attorney read Mr. and Mrs. Clifford's request. There were no ex-parte communications to disclose by the Council Members. The City Clerk swore in everyone that was to provide testimony. Mr. Clifford explained that they purchased house in December 2017 and a year later found out the 1998 pool enclosure was installed utilizing an old survey with a ten foot setback however today's code requires a fifteen foot setback. The Community Development Manager said the 1998 pool enclosure permit was issued in good faith, but now that Mr. Clifford would like to sell his house, there may be a title insurance issue because of the encroachment into the setback and the utility easement. She said based on the Land Development Code definition, this was a considered a side yard encroachment requiring it to be 15 feet from the property line; they advised Mr. Clifford that he would need to see if the encroachment was okay with FPL and the homeowners association (HOA). She said the backup included approval from both parties. She said staff did feel that the request met all of the criteria outlined on pages 19-21 of the agenda packet. She said if the enclosure was redesigned, it would have to meet the 15 feet setback and staff recommended approval. Mr. Gilliams staled the FPL letter cited the wrong lot number. The Community Development Manager gave him a copy of a letter with the corrected lot number and he noted the date should have been yesterday or today. The Community Development Manager noted the FPL letter was received within an hour of requesting the lot correction; the legal notice was published in the newspaper as well as 28 property owners were notified within 300 feet. She was also in receipt of approval submitted by the HOA's attorney. The City Attorney said the applicant has the responsibility to provide the information, Council could certainly request additional information, but at some point staff has to determine there is enough information provided. Parliamentary Procedures Workshop Board of Adjustment & Regular Council Meeting January 8, 2020 Page Five Council Member Gilliams said staff should have checked the date of the FPL letter and the validity of the homeowner's document indicating the (HOA) board's consent. Ted Godfrey said the Cliffords are not responsible for the previous owner's violation nor should they be expected to bear any hardship to rectify the situation. He supported the request for a variance. (See statement attached) There was no one to speak in opposition. MOTION by Vice Chairman Mauti and SECOND by Ms. Parris to approve the variance. Roll call: Vice Chairman Mauit — aye Mr. Gilliams — aye Ms. Parris —aye Mr. Hill — absent Chairman Dodd — aye Motion carried 4-0. 9. ADJOURN BOARD OF ADJUSTMENT MEETING AND RECONVENE REGULAR CITY COUNCIL MEETING It Mayor Dodd reconvened the City Council meeting at 6:36 p.m. All members were present except for Council Member Hill. 10. CONSENT AGENDA All items on the consent agenda am considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests: in which event, the item will be removed and acted upon separately. Ira member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising hlsrher hand to be recognized. A. Approval of Minutes — November 26, 2019 Special Council Meeting B. Approval of Minutes - December 11, 2019 Regular City Council Meeting 20.001 C. Approve Municipal Election Agreement between the Indian River County Supervisor of Elections and City of Sebastian for Calendar Year 2020 (Transmittal, Agreement) 20.002 D. Approve the Fiscal Year 2020/2021 Budget and Capital Improvement Program Calendar (Transmittal, Calendar) 19.063/20.003 E. Award Agreement to Guardian Community Resource Management, Inc. (RFP #19- 12) for CDBG Administration Services In the Approximate Yearly Expense of $20,000-$24,000 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Scoresheet, References, Response, Agreement) 20.004 F. Approve the Piggyback to Florida Sheriff's Association Contract #FSA18-VEH16.0 Cab & Chassis Trucks and Heavy Equipment to Replace a Caterpillar (CAT) 311F Excavator with Attachments for the Public Works Department in the Amount of $182,793.00 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Quote, Notice of Intent, Contract Info, Comparative Quotes) yahoo Mall - Board of Adlusunenl Meeting January Bin 6= P,M. 1/8/2% 2:21 PM Board of Adjustment Meeting January 8th 6:00 P.M. From: led godfrey (buckistanc1325@yahoo.comj To q_run®yahoo.com Date: Wednesday, January 8, 2020, 10:30 AM EST My name is Ted Godfrey and I would like to thank the board for the opportunity to speak briefly regarding the issue on lot 45 in San Sebastian Springs. My wife Joyce Jaskula and I are in the process of building a home at 597 Cross Creek Circle in San Sebastian Springs. Our lot abuts Lot 45 directly to the south. The five foot utility easement being discussed here runs the length of both of our lots. It is our understanding that the Clifford's purchased this home about four years ago at which time the pool and cage were in their present location. We also understand there were discrepancies with some of the older surveys of San Sebastian Springs. We have been told that the pool was built quite some time after the house. The construction of the pool enclosure over 13 feet closer to the property line then is permitted by Regulations for RS-20 Zoning Districts predates the Clifford's. We see the situation leaves the board in the unenviable position of approving the request for a variance, which may very well be the best thing to do, yet setting a precedent others may use to their advantage. Obviously the Clifford's are in no way responsible for the previous owners violation of the setback regulation, Nor should they be expected to bear any hardship to rectify the situation. Thirteen feet of vegetation would have certainly given both lots far more privacy. Again ,Thank you for your time. Ted Godfrey & Joyce Jaskula 0 FPL July 29, 2019 Fred Clifford 616 Cross Creek Dr, Sebastian, FI 32958 Florida Power & Light Company, 3301 Orange Ave, Fort Pierce, FL 34947 Re: Platted Easement Encroachment San Sebastian Springs, Lot 45 Thank you for contacting FPL about the encroachment of the 5ft easement on the south parameter of lot 45 San Sebastian Springs, PB11, PG 92 in the platted utility easement of the referenced location. FPL has facilities on this easement but has no objection to this existing encroachment and will not require its removal, however FPL does not agree to the future encroachment of any other structures into the easement. If I can be of any further assistance, please contact me at (772) 489-6204. Project Manager A NEXTera ENERGY Company