Loading...
HomeMy WebLinkAbout01-10-2024 BOA MinutesSEBASTIAN CENTENNIAL CELEBRATION 191E -101E BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached January 10, 2024 Board of Adjustment minutes were approved at the February 14, 2024 Board of Adjustment meeting. 1'" ��,© Chairman Ed Dodd ATTEST: J ette Williams, City Clerk Regular City Council & BOA Meeting January 10, 2024 Page 3 Friday, January 12 - Chamber of Commerce Concert in the Park at Riverview Park 5:30pm - 8pm (Bobby Owen Band) Saturday, January 13 - Craft Club of Sebastian at Riverview Park - IOam - 3pm Monday, January 15 - Martin Luther King Day - City Hall Closed Friday, January 19 - Florida Arbor Day Volunteer Tree Planting at Tulip Drive Pond - 12nm - 2pm Saturday, January 20 - Annual Sebastian Riverfront Fine Arts & Music Festival at Riverview Park -10am - Spm Sunday, January 21- Annual Sebastian Riverfront Fine Arts & Music Festival at Riverview Park - 10am - 4pm Vice Mayor Dixon announced the upcoming events. PUBLIC INPUT Cindy Geesey, 108 Wood Stork Way, asked Council to consider making the Board of Adjustment a citizen board to allow those interested in public service an opportunity to gain experience. With regard to the Centennial, she asked if Council would be interested in becoming a "Sister City" with an international municipality. Damien Gilliams, 1623 US Highway 1, said he was planning to participate twice a month in the future Council meetings. He said his court case was over as of Friday and began to speak about a family member of Mayor Dodd. Mayor Dodd called for a Point of Order and reminded Mr. Gilliams that if he continued to make accusations that he would be engaging in a civil liability situation as the grievances he was presenting were nonsensical. 8. Mayor Dodd recessed the City Council Meeting and convened the Board of Adjustment meeting at 6:28 p.m. A. MOTION by Mr. Nunn and SECOND by Vice Chair Dixon to approve the November 15, 2023 BOA Meeting minutes passed with a unanimous voice vote of 3-0. B. ARTHUR AND BILLIE MANTZ, IN REGARDS TO LOT 2, BLOCK 558, SEBASTIAN HIGHLANDS SUBDIVISION UNIT 16, LOCATED AT 105 KILDARE DRIVE, REQUESTING A VARIANCE FROM SECTION 54-2-5.23(d)(5) OF THE LAND DEVELOPMENT CODE TO CONSTRUCT A CARPORT THAT WILL ENCROACH, AT A MAXIMUM, THREE (3) FEET INTO THE TEN (10) FOOT SIDE YARD SETBACK (Transmittal, Staff Report, Exhibits) Celebrating Our 100th Anniversary Regular City Council & BOA Meeting January 10, 2024 Page 4 Chairman Dodd noted that three affirmative votes would be needed to take action on the matters considered tonight. The City Attorney read the request from Mr. and Mr. Mantz. There were no ex parte communications to disclose by the board members. The City Clerk swore in those who would be providing testimony. Mrs. Mantz stated they are replacing a carport that was destroyed in the 2005 hurricanes that wasn't placed in the proper location when it was originally built. The Community Development Manager said they are finding that with homes built in the early 70's and 80's there was not a lot of detail required. In 1984 the permit came in without a garage and shortly thereafter the Mantzes sought a carport on a hand drawn plot plan with a rectangle plot that didn't have the accurate side yard setbacks. She said the exhibit on page 28 displayed the correct encroachment and staff recommended approval. There was no one to speak in favor or opposition to the request. MOTION by Mr. Nunn and SECOND by Vice Chairman Dixon to recommend approval of the Mantzes' request passed with a unanimous voice vote of 3-0. C. 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 +7.3 FEET AND THE MINIMUM REQUIREMENT IS +8.0 FEET. (Transmittal, Staff Report, Exhibits, Application) The City Attorney read the request from Sembler Marina Partners, Ltd. There were no ex parte communications to disclose by the board members. The City Clerk swore in those who would be providing testimony. Kim Rezanka, attorney with the Lacey, Lyons, Rezanka law firm, representing the applicant, Sembler Marina Partners, said the variance was signed in May 2021 when it was found that the flood elevation changed by the Florida Building Code and they were here to request a modification to the variance to open the business. The Building Official said the variance was granted in May 2021 and there is a requirement that the lowest horizontal structural member in a V Zone has to be at base Celebrating Our 100th Anniversary Regular City Council & BOA Meeting January 10, 2024 Page 5 flood elevation plus one foot. It was built to code at the time but now the FEMA elevation certificate shows the bottom of the lowest structural member of the existing structure is +7.3 ft. where it was previously believed to be +7.6 ft. which is a 4 inch difference. He stated the City's record must match the FEMA certificate. There was no one to speak in favor or opposition to this request. The Building Official confirmed that the documentation by the engineers involved in this project have recertified the elevation and nothing more has changed since the 2021 variance. MOTION by Vice Chair Dixon and SECOND by Mr. Nunn to approve the Sembler Marina Partners' request passed with a unanimous voice vote of 3-0. Chairman Dodd adjourned the Board of Adjustment meeting at 6:42 p.m. and reconvened the City Council Meeting. 9. CONSENT AGENDA A. Approval of Minutes — Regular City Council Meeting, November 15, 2023 B. Approval of Minutes — Regular City Council Meeting, December 13, 2023 22.214/24.004 C. Resolution No. R-24-02 — City Council Meeting Procedures (Transmittal, R-24- 02) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; REVISING START AND END TIME; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND TRANSCRIPTS; REPEALING RESOLUTION NO. R-21-32; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 24.005 D. Snow's Space Coast Superior Events — Italian Fest (Transmittal, Application, Cert. of Ins., Receipt) 24.006 E. Alcoholic Beverage Approval (Transmittal, Application, Receipt) Mayor Dodd asked to pull Item C. MOTION by Council Member Nunn and SECOND by Mayor Dodd to approve Consent Agenda Items A, B, D, and E passed with a unanimous voice vote of 3-0. Celebrating Our 100th Anniversary