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Home My WebLink About06-08-2022 BOA MinutesCn Lf SESAS-T�" HOME OF PELICAN ISLAND BARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached June 8, 2022 Board of Adjustment minutes were approved at the September 13, 2022 Board of Adjustment meeting. Vice Chairman Fred Jones ATTEST: anette Williams, City Clerk Regular City Council & Board of Adjustment Meeting June 8, 2022 Page 2 Council Member McPartlm noted the GoLine is on pace to provide 1 AM rides and they might hit 2M for this year. Council Member Dodd said the GoLine bus system is the most efficient rider system in the state of Florida. 7. PUBLIC INPUT - None 8. Mayor Hill recessed the City Council meeting at 6:11 p.m. and convened the Board of Adjustment meeting. meeting. A. A motion was made by Mr. Nunn and seconded by Mr. McPartlan to approve the February 23, 2022 BOA minutes. B. OUASI-JUDICIAL PUBLIC HEARING i. K&A FOREIGN CAR SERVICE, INC. HAS APPEALED AN ADMINISTRATIVE DETERMINATION THAT THE NON -COMPLYING VEHICULAR SERVICES AND MAINTENANCE USE FOR THE PROPERTY LOCATED AT 800 LOUISIANA AVENUE, FKA FIREHOUSE GARAGE, HAS BEEN ABANDONED BASED ON LAND DEVELOPMENT CODE SECTION 54-2-8.8 AND CESSATION OF BUSINESS ACTIVITIES FOR MORE THAN ONE (1) YEAR. THE APPELLANT WISHES TO PRESENT EVIDENCE THAT THE USE HAS NOT BEEN ABANDONED AND IS STILL ALLOWABLE. The City Attorney read the title of the appeal from K & A Foreign Car Service. There was no ex pane communication to disclose by the board members. The City Clerk swore in those who would be providing testimony. Arkadiusz Nowak, owner of K & A Foreign Car Service. She said they purchased building in January 2021 with the intent to 5x up the shop and open a repair business however since the site has not been used in over a year, the repair shop cannot proceed. She asked the board to reconsider staffs determination that the repair shop has been abandoned. She said she has a mechanic ready to start; she also owns the lot next to the garage and when the capital comes in they plan to develop something next to it. The City Manager explained that in September 2020, the original proprietor filed for bankruptcy which started the one year fime frame to re-establish use of the site. Since it was not re-established by September 2021, he sent the letter advising Ms. Nowak the vehicular services and maintenance use would no longer be allowed which brings them to the board tonight to see if they want to reverse his determination. Regular City Council & Board of Adjustment Meeting Jane 8, 2022 Page 3 The Community Development Manager said the original garage was built in 2004 and shortly after that Council determined those types of uses should not be located in the gateway so a triangle overlay district was created which didn't change the zoning but changed some of the uses. Since that time, the vehicular services and maintenance use has been non -conforming. The current owners bought the property in 2021 but the City didn't hear from them until they came in for their business tax receipt which is when the non -conforming abandonment of use came to light to Community Development. The Community Development Manager advised that for the appeal process, the code required staff to present the record for which they based their decision on; noting they did not receive some of the exhibits included in the backup because they were not provided by the property owner until they made their appeal. She briefly went over why staff felt the business was abandoned with regard to their business tax license. There was no one to speak for or against the appeal. The City Manager advised that a business tax license was one of the ways to determine if the business was abandoned but it was not proof that the garage was operating. He said it was now up to the board to determine if the garage was operating. Chairman Hill said they were trying to hire staff and had documents proving they were preparing the business. He said he felt they were operational. Mr. Nunn noted the building was designed to be an auto shop and the property owner was working hard to open. He was in favor of approving the appeal. Mr. Dodd said he hated the fact that there is a garage at that location because of the way the last owner ran his garage. Since it was an approved use, he couldn't see telling them no but he would love to see it turned into a restaurant. Chairman Hill said he wanted to make sure this wasn't going to be a perpetual approval but he could see the property owner has been trying to get the business going. Mr. Jones said he too, wouldn't like to see a garage as well but the property owners have been working hard. He said they have presented enough to him. MOTION by Mr. McPar lan and SECOND by Mr. Nunn to approve the appeal. Mr. Nunn said people ask him why he didn't know about businesses coming in and he noted that it is when exceptions are requested that Council hears about things. Staff followed all the rules and procedures but an exception was being requested. 6.45 pm Mr. Jones asked if a sunset clause could be included in the motion. The City Attorney advised they were to vote for or against the appeal. Regular City Council & Board of Adjustment Meeting June 8, 2022 Page 4 Chairman Hill asked if there could be a condition that it be operational within 90 days. The City Attorney said that wouldn't be enforceable; testimony was provided that the garage is ready to go. Chairman Hill asked if a new time frame started today, at what point does it become non- conforming if they are unable to get up and running and then an auto body shop would no longer be allowed. The City Attorney said that year has already expired. Chairman Hill said he found it hard to believe that based on board approval, it would allow this to always be an auto body shop even if the property owner doesn't do anything for five years. The City Attorney responded if they allow the property to be abandoned, at that time the use would have to be evaluated. The Community Development Manager said tonight the board was just appealing staff s decision if the garage has been abandoned; they weren't changing it from non- conforming to conforming; it will still be non -conforming and the same code sections will apply to them. If the new property owners didn't make a go of it and abandoned the business, the 180 days would start again. She said she thought Mr. Jones was asking if there could be a condition that it could only be a garage for five years. Roll call: Vice Chairman Jones -aye Mr. Dodd - aye Mr. McPartlan - aye Mr. Nunn - aye Chairman Hill - aye Motion carried. 5-0 Mr. Nunn wished the applicant luck and encouraged them to run a beautiful clean business. 9. Chairman Hill adjourned the Board of Adjustment hearing at 6:45 p.m. and reconvened �---- the City Council meeting. 10. CONSENT AGENDA A. Approval of Minutes — May 25, 2022 Regular City Council Meeting B. Approve the Piggyback Purchase of Five (5) Ford Explorer SUV Vehicles from Bartow Ford Using Charlotte County Contract #2021000541 for the Police Department in the Amount of $277,506.35 (Transmittal, Letter, Acceptance, Quote, Bid Tab, Bid Doc, Source of Supply) C. Approve the Purchase of One (1) Defender Pro XT HD10 Utility Vehicle from Central Florida PowerSports for the Police Department in the Amount of $24,540.00 (Transmittal, Quotation Process Forth, Vendor Quote)