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HomeMy WebLinkAbout05-12-2021 BOA MinutesLMCF SEBASTIAN �2 - HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached May 12, 2021 Board of Adjustment minutes were approved at the February 23, 2022 Board of Adjustment meeting. Chairman Hill ATTEST: GJ�Q.e�a.nw A ette Williams, City Clerk Regular City Council & BOA Meeting May 12, 2021 Page 6 Roll call: Mayor Dodd - aye Vice Mayor Hill - absent Council Member Jones - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 4-0 11. Mayor Dodd recessed the City Council meeting and convened the Board of Adjustment meeting at 6:34 p.m. A. Aooroval of Minutes — April 28, 2021 Board of Adiustment Meeting MOTION by Mr. Nunn and SECOND by Mr. Jones to approve the April 28, 2021 Board of Adjustment meeting minutes passed with a unanimous vote. (4-0) B. QUASI-JUDICIAL PUBLIC HEARINGS I. VARIANCE EXTENSION REQUEST - SEMBLER MARINA PARTNERS, LTD., IN REGARDS TO AN ADDITIONAL PROPOSED OVERWATER RESTAURANT TO BE LOCATED AT 1660 INDIAN RIVER DRIVE (SQUID LIPS & MARINA), HAS REQUESTED AN EXTENSION FOR A VARIANCE THAT WAS GRANTED ON MAY 8T", 2019 TO ALLOW MEASUREMENT OF THE PROPOSED RESTAURANT BUILDING HEIGHT TO BEGIN FROM THE FINISH FLOOR ELEVATION INSTEAD OF THE FEMA BASE FLOOD ELEVATION, AND WHICH VARIANCE WAS GRANTED CONDITIONALLY THAT CONSTRUCTION OF THE RESTAURANT BUILDING MUST BEGIN WITHIN 24 MONTHS FROM DATE OF APPROVAL. CONSTRUCTION HAS NOT BEGUN AND THE APPLICANT IS REQUESTING A TIME EXTENSION. (Transmittal, 2019 Order, Email Request, Timeline, 2019 Minutes) (PJ Ad 412712021) Chairman Dodd opened the hearing at 6:34 pm and the City Attorney read the title of the extension request. Chairman Dodd and Mr. Nunn said they drove by the site but didn't get out of the car. The City Clerk swore in all who would be providing testimony. Ryan McLean, MBV Engineering, Inc., project manager said construction has not begun because of the lengthy permitting process; he has been working diligently and asked the board to grant the extension on the project which has been previously approved. The Community Development Manager briefly went over the 2019 order where the first three conditions have been met; the use has not changed; it is just condition number four that hasn't been met because as they have been going through the development order, issues have come up that require another revision and review. The applicant did ask for another extension and staff feels 180 days would allow staff to continue the review to get the site plan before the Planning and Zoning Commission. 6.38 pm Regular City Council & BOA Meeting May 12, 2021 Page 7 Chairman Dodd asked if the variance would carry into the construction phase. The Community Development Manager replied the intent was to hopefully get the site plan approved by the Planning and Zoning Commission, then the applicant would gel the building permit in and begin construction within 180 days. Mr. Jones asked the applicant what assurance the City had that the project will go forward. Mr. McLean said he and the owner have invested a considerable amount of time and money in the project and plan to continue full speed ahead. There was no one to speak for or against the extension request. Chairman Dodd closed the public hearing at 6:45 p.m. MOTION by Mr. Nunn and SECOND by Mr. Jones to grant the extension request for another 180 days from the date of granting the extension today, May 12, 2021. Roll call: Mr. Jones - aye Mr. McPartlan - aye Mr. Nunn -aye Chairman Dodd - aye Vice Chairman Hill -absent Motion carried. 4-0 ii. VARIANCE APPLICATION - SEMBLER MARINA PARTNERS, LTD, IN REGARDS TO AN ADDITIONAL PROPOSED OVERWATER RESTAURANT TO BE LOCATED AT 1660 INDIAN RIVER DRIVE (SQUID LIPS & MARINA), AND WHICH STRUCTURE IS LOCATED WITHIN A FLOOD HAZARD AREA AND REQUIRES A BUILDING PERMIT, IS REQUESTING RELIEF FROM FLORIDA BUILDING CODE SECTION 1612.4; WHEREBY THE MINIMUM ELEVATION REQUIREMENT FOR A BUILDING LOCATED IN A COASTAL HIGH HAZARD FLOOD ZONE IS BASE FLOOD ELEVATION PLUS 1 FOOT TO THE LOWEST HORIZONTAL MEMBER OF AN EXISTING STRUCTURE THAT IS BEING SUBSTANTIALLY IMPROVED. THE BOTTOM OF THE LOWEST HORIZONTAL MEMBER OF THE EXISTING STRUCTURE IS +7.6 FEET AND THE MINIMUM REQUIREMENT IS +8.0 FEET. (Transmittal, Staff Report, Exhibits A-E, Application) (PJ Ad 4/2712021) The City Attorney read the request and Chairman Dodd opened the hearing at 6:48 p.m There was no ex-parte communication or site visits to disclose by the board members. The City Clerk swore in all who would provide testimony. Ryan McLean, MBV Engineering, Inc., civil engineer for the project, said at the time of construction, FEMA, Flood zone, and building code requirements were at a different state; now when developing in a velocity zone, the structure carries the traditional elevation plus an additional one foot over the free board over the lowest structural member. In this case the lowest structure is at elevation 7.6 and he has provided documentation stating there is no structural concern and he supports staffs recommendation. Regular City Council & BOA Meeting May 12, 2021 Page 8 6:54 pm The City Manager stated that staff recommended approval but wanted the board to be aware that they were not sure what effect this will have on the City's community rating system which provides insurance reductions to numerous residents in the City. The Building Official explained the City participates in the National Flood Insurance Program (NFIP) and the Community Rating System (CRS) so that residents may be eligible for discounts of up to 20% on their flood insurance premiums. Although the code provides for variances, it is highly discouraged because this might affect the City's standing with the Community Rating System. He said the proposed restaurant is a substantial improvement meaning its value is more than 50% of the existing structure without the land so the structure must meet the base flood elevation plus one foot of free board which is .4 ft. too low to comply with current code. It would be infeasible to elevate or relocate the structure which is what NFIP would recommend and is deemed uninsurable by the CRS. The Building Official explained the City would not have to include anything uninsurable upon CRS recertification and the owner will have a hard time obtaining flood insurance and if he did, it will be extraordinarily high. The City Manager said staff didn't have a good feel of how this might affect the CRS rate but they might be able to recover a lost point or two with additional work. The Building Official said Rebecca Quinn, consultant for the state, did advise that there is an avenue the City could pursue. There was no one to speak in favor or against the variance request. The Building Official said since the structure cannot be relocated or elevated and it is only encroaching 4 and % inches into the extra foot of free board that wasn't required in the 90's when it was built, he felt it was structurally sound; and as long as it didn't hurt the City's NFIP and CRS ratings he felt the City was in good shape. The City Attorney asked that staffs three conditions noted on page 203 be part of the motion and the staff report and application would be made part of the record. The City Manager asked the time period start 180 days from today. MOTION by Mr. McPartlan and SECOND by Mr. Nunn to approve the variance and request in conjunction with the previously approved extension with staff's three recommendations: a. Should the building become substantially damaged or substantially improved, as defined by the Florida Building Code, this variance will no longer be in effect. b. Proof that the variance is recorded by applicant in the office of the clerk of the court in such a manner that it appears in the chain of title of the affected parcel of land. c. Variance shall remain in effect provided construction has commenced within 180 calendar days from the date the variance is granted. Regular City Council & BOA Meeting May 12, 2021 Page 9 7:21 pm 7.27 pm Roll call: Mr. Jones - aye Mr. McPartlan -aye Mr. Nunn -aye Chairman Dodd -aye Vice Chairman Hill -absent Motion carried. 4-0 12. Chairman Dodd adjourned the Board of Adjustment meeting and reconvened the City �— Council meeting at 7:02 p.m. 13. UNFINISHED BUSINESS - None 14. NEW BUSINESS A. Recommendations of the 2021 Charter Review Committee Committee Presentation of Pr000sed Ballot Questions #1-8 Charter Review Committee Chair Beth Mitchell stated the committee met for approximately five months; the 15 members were a great representation of the citizenry who took the review very seriously with interesting input amongst the committee members. (See attached highlighted changes) She introduced Sherrie Matthews who stated there was some great debate and briefly described the changes proposed to Sec. 1.02 and Sec. 2.02. Patti Sullivan explained the proposed changes to Sec. 2.06 and Sec. 2.08. John Christino explained the proposed changes to Sec. 2.12 and Sec. 4.01. Chair Mitchell finished up the presentation by explaining the proposed changes to Sec. 4.12 and Sec. 4.14 and asked Council to forward the proposed questions to the electorate. She thanked the Charter Officers and staff of the Clerk's office for their work on the review. The City Attorney cited Code Sec. 5.03, "... The city council may by ordinance submit any or all of the recommended amendments to the electors for vote at the next general election held within the city or at a special election called for said purpose." Mayor Dodd asked if the word criminal could be added to the ballot question on page 243 to trigger a suspension hearing based on a criminal misdemeanor charge. The City Attorney advised that at this point, Council could accept any or all of the committee's recommendations but not make any changes. Council Member Nunn noted for clarity, the key word may in the phrase may be suspended might give Council the right to suspend them I it is not a criminal misdemeanor. Mayor Dodd asked to move the proposed amendments forward individually so they might discuss them at that time.