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HomeMy WebLinkAbout09-13-2022 BOA MinutesCRY OF SEAT, HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached September 13, 2022 Board of Adjustment minutes were approved at the November 15, 2023 Board of Adjustment meeting. /" 15e6/u91/ Chairman Ed Dodd 0401 31 J ette Williams, City Clerk Regular City Council, I" Budget Hearing & BOA Meeting September 13, 2022 Page 8 Vice Mayor Jones noted the increase was for the whole company, not just our area. He was happy with the number that staff recommends. Council Member Dodd said he appreciated the position that Waste Management is in; he would be in favor of the 15% until the new contract goes out to bid. Council Member McPartlan said spoke to Ms. Perez and Mr. DeLaCruz recently who described to him some of the complaints. For example, putting the trash can exactly back where it was set out, or the can fell over but the senior customers couldn't pick it back up. He said many people don't understand the things that the drivers will do for the customers including putting the can back on the side of a resident's house. He said he was okay with the increase. Public Input Bill Simmons, Drawdy Way, said approximately 2%s % of the increase was to be for salaries and he asked what the City's employees would be receiving. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve the City's recommendation of a 15% increase for Waste Management. Roll call: Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill -absent Motion carried. 4-0 Vice Mayor Jones called for a recess at 7:15 p.m. and upon return at 7:24 p.m., all members were present. Vice Mayor Jones recessed the City Council meeting and convened the Board of _ Adjustment at 7:25 p.m. A. A motion was made by Mr. McPartlan and seconded by Mr. Nunn to approve the June 8, 2022 BOA meeting minutes. B. RONALD AND JANET ZOLL, IN REGARDS TO LOTS 13 AND 14, BLOCK 335, SEBASTIAN HIGHLANDS UNIT 13, LOCATED AT 1493 BEVAN DRIVE, IS REQUESTING A VARIANCE TO ALLOW THE ROOF MATERIALS OF AN ACCESSORY STRUCTURE THAT IS OVER 750 SF IN SIZE TO BE DIFFERENT THAN THE PRINCIPLE STRUCTURE WHEREAS THE LAND DEVELOPMENT CODE SEC. 54-2-7.5(c) (7) REQUIRES THE MATERIALS TO BE THE SAME. The City Attorney read the request by Mr. and Mrs. Zoll. Regular City Council, 1" Budget Hearing & BOA Meeting September 13, 2022 Page 9 There were no ex parte communications to disclose by the board members. The City Clerk swore in those who would be providing testimony. Mr. Zoll stated the main house is 20 years old and it was time to replace the roof. He would like to replace it with a metal roof which will last longer and hold up better however he has a shingled garage that does not need to be replaced for another ten years. He said the garage is 26 feet away from the house, in the back, and blocked by trees; he is retired and on a fixed income consequently he is requesting a variance from the code requiring the roofs to match. He presented a petition signed by 13 of his neighbors indicating they didn't have a problem if the roofs didn't match. (See attached) The Community Development Manager asked that the staff report and board criteria requirements be entered into the record. She also disclosed that staff received a letter from one of his neighbors at 1491 Bevan Drive stating that she was okay if the roofs did not match. The Community Development Manager presented that Mr. Zoll is seeking a building permit to re -roof his house. In 2013 he went before the Planning and Zoning Commission to receive approval for his 26 ft x 30 ft custom garage which required the roofs to be similar or matching to the house to prevent industrial looking buildings in the residential neighborhoods. She noted it is Mr. Zoll's choice to choose the metal roofing as opposed to asphalt shingles and come before the board for the variance. She went over the board criteria required to meet the variance and said staff was recommending denial. (See attached) Mr. McPartlan asked if the board could approve metal roof for the house and when the garage roof gives out, require it to match at that time. Mr. Dodd said if they approve this, there will be any number of residents to come forward especially since the insurance companies are forcing the replacement of a lot of roofs right now. There are considerations on both sides of this. The Community Development Manager said she wasn't sure if the board could put a covenant on the property by requiring the garage to be a metal roof in the future. The City Manager said the challenge becomes if Mr. Zoll was to sell the property, how the City would ensure the new owner will match the roofs. The City Attorney said he concurred with the Community Development Manager and the City Manager and noted the code requires that they must follow the criteria and he didn't see how they could enforce changing the roof material on a new property owner. In response to Mr. Nunn, the Community Development Manager said when permits come in for roofing a house there isn't any information on the application asking there is a Regular City Council, 1" Budget Hearing & BOA Meeting September 13, 2022 Page 10 matching accessory structure. Staff had only caught this application because the custom garage went before Planning and Zoning Commission. Mr. Nunn said while there is a code that the accessory structure must match the main dwelling, but there isn't a code that if you re -roof your house, you must now re -roof the accessory structure. The challenge is that the City is aware of the accessory structure and in the future the disclosure of an accessory structure might be added to the building permit application. He stated that maybe it could be approved based on the fact there isn't a code saying that when re -roofing a house it has to match the accessory structure. The code deals with building a new accessory structure not with re -roofing the house. Vice Chairman Jones agreed, the code does speak to building the structure The City Manager said the intent of the code is that the accessory structure should match the ancillary structure. The Community Development Manager said the Code provides that an accessory structure between 501 and 750 sq. ft. shall be compatible with the primary residence. In another case, there was an accessory structure that was just approved by the Planning and Zoning Commission with different materials with the condition that the applicant will paint the metal roof. Mr. Dodd said from what he is hearing that he was inclined to approve the variance. Mr. Nunn started to make a motion to approve. The Community Development Manager asked that a condition be that the metal roof be painted to match the garage roof. Mr. Zoll said it was his understanding that painted metal roofs have to be re -painted from time to time. He said that he would install a metal roof on the garage when it was needed. Mr. McPartlan noted that he didn't have a chance to speak to his wife about painting the metal roof. Mr. Nunn withdrew his motion. Gary Raymond said he supported Mr. Zoll's application. Mr. Nunn said this might be unenforceable or tough to enforce; they might have to go with the code. Kelly Dixon said there are lesser grades of metal that might be less expensive or a higher grade of shingles which might be a solution for the applicant. Regular City Council, 1" Budget Hearing & BOA Meeting September 13, 2022 Page 11 Mr. Zell said he would just like to get the metal roof; the detached garage has another ten years of life and when it goes, he will put a metal roof on it. He doesn't plan on moving. The Community Development Manager said staff recommended denial because it doesn't meet criteria; if it was approved staff recommended that the colors match. Vice Chairman Jones said he was concerned with difference in age with the roofs. MOTION by Mr. McPartlan and SECOND by Vice Chairman Jones to approve the variance at whatever color Mr. Zoll would like. Mr. Nunn said while you can put any kind of roof you want on your house but when you build an accessory structure, the code provides that it match. While it was not the friendly answer, he was concerned with the larger picture in making future decisions Mr. Dodd said while previously he was inclined to approve but upon reviewing the criteria with the Community Development Manager, he was probably going to vote no. Roll call: Mr. Dodd - nay Mr. McPartlan - aye Mr. Nunn - nay Vice Chairman Jones - aye Chairman Hill -absent Motion failed with a tie vote. 2-2 MOTION by Mr. Nunn and SECOND by Mr. Dodd to deny Mr. Zoll's request for a variance. Mr. Nunn said they were there to follow the code, there weren't any extenuating circumstances, and it was the right thing. Mr. McPartlan noted that Mr. Zoll could have just applied for the roofing permit. Roll call: Mr. McPartlan - nay Mr. Nunn - aye Vice Chairman Jones - aye Mr. Dodd - aye Chairman Hill - absent Motion carried. 3-1 -9. Vice Chairman Jones adjourned the Board of Adjustment meeting and reconvened the City Council meeting at 8:07 p.m. 10. PUBLIC INPUT Terry McGinn said he believed in succession planning and there are some positions within staff that require education, skill and expertise that shouldn't be learned on-the-job