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HomeMy WebLinkAbout09-11-2024 BOA Minutes w/AttachmentsSEBASTIAN (ENTENNIAt <ELEBR�TION 1911.101E BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached September 11, 2024 Board of Adjustment minutes were approved at the November 4, 2024 Board of Adjustment meeting. C V� Chairman Ed Dodd ATTEST: J ette Williams, City Clerk Regular City Council Meeting September 11, 1024 Page 5 MOTION by Mayor Dodd and SECOND by Vice Mayor Dixon to approve Item #E. In response to Council Member Nunn, the City Manager said volunteers are welcome anytime and currently the City is participating with AARP's Retiree Program. Vice Mayor Dixon noted that all of the advisory board are volunteers and Council Member McPartlan spoke of the Volunteer Community Policing Officers who provide a tremendous benefit to the City. Roll call: Council Member McPartlan aye Council Member Nunn aye Mayor Dodd aye Vice Mayor Dixon aye Council Member Jones aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENT - None Mayor Dodd recessed the City Council meeting at 6:39 p.m. and convened the Board of _ Adjustment meeting. 10. BOARD OF ADJUSTMENT HEARING A. TABLED from Auizust 28. 2024 — Consideration of a Variance Request — Holiday Builders, Inc. — 631 Mulberry Street — Side Yard Setback Encroachment — RS-10 Zoninu District The Community Development Manager explained that this is a variance request for a newly constructed single-family home that was mistakenly built 5.8 feet from the side property line when the zoning district requirement is 10 feet. This type of variance has been requested in the past, but usually for older homes built in the 1970s or 1980s because during that time houses were built using plot plans; surveys were not required. Over the years, through changes to the Florida Building Code and City policies, our specific building permit and inspection processes have usually prevented these encroachments from happening. In this instance, Holiday Builders discovered the house was encroaching into the setback when they made the final survey and brought it to the attention of the City. The proposed survey for the permitting process did meet the requirements for the setbacks. However, through an error made by the Holiday Builders' surveyor, the house was not placed on the lot according to the proposed survey. Holiday Builders acknowledges this mistake was made in the building process and asks for relief through a variance since the house has already been built and the consequences of repairing such a mistake would be very costly for them. Staff took the position that the applicant does not meet the criteria for a variance because it is giving a preference to this property that is not ordinarily given to other single-family homes. Regular City Council Meeting September 11, 1024 Page 6 Also, because of this error, the septic tank and the drain field was also placed within the easement and the applicant has already agreed to relocate it. The applicant has offered to also provide a solid fence or plant a landscape hedge near the north property line that is being encroached upon. Mayor Dodd invited the applicant to make a presentation and then for public input. Anthony Palumbo, the Vice President of Acquisition Development at Holiday Builders, came forward and said he is glad to answer any questions and negotiate to provide any additional landscaping or irrigation. He said there is no way for Holiday Builders to reconfigure the house, and if the variance is denied, they will have to demolition the whole house. Ms. Toni Aros, who lives next door, expressed her concern that this mistake will affect the resale value and does not feel that a fence or landscaping adequately solves the problem of a lower resale value. Council Member Nunn and Council Member Jones both asked the Building Director if this had ever happened before and if there was a change that needed to be made to the process. The Building Director said this had not happened before in the 20 years he had been in his position. They do have checks in place through the construction process, but there is a reliance upon the surveys. The proposed survey was good and met the requirements for setbacks, elevation, drainage, etc. A mistake was subsequently made when the formboards were placed and this error was not noted in the formboard survey as it should have been. He mentioned that when inspectors go out, they are not focused on easements or encroachments because that is the work of the surveyors. Inspections would not even be scheduled unless the construction process thus far had already been preapproved. Council Member Jones asked about the septic tank being moved. The Building Director confirmed that the septic tank would be moved as required by the Indian River Health Department. Council Member Jones asked who is the owner of the affected property and how she felt about the proposed landscaping or fencing. Ms. Toni Aros clarified that she is a tenant, but says she is representing the concerns of the homeowner affected by this encroachment who is a relative that lives California. She expressed that a fence will make her feel imprisoned or in jail because of how close the now house is to the property line. She would prefer a hedge, but she feels that the resale value as well as her quality of life in the home has been negatively affected. Mayor Dodd assured Ms. Aros that the hedge would be on the property of the new house and the distance from her house and the hedge would be the same as if this mistake had never been made. Council Member Jones asked the applicant to address the enhanced quality control measures they would be taking to prevent this from happening again. Regular City Council Meeting September 11, 1024 Page 7 Ms. Dodie Keith, the owner of Keith & Associates, the surveyors for Holiday Builders, admitted this was their error and the responsibility of her firm. She has been a surveyor for 35 years and assured that Council placement of a building does not happen when proper procedures are followed and there was nothing that could have been done by City staff to determine this error had been made because it was a surveyor error. She explained that a remote calibration process utilizing GPS was done incorrectly and they did not realize the mistake until they got to the final survey. She also clarified there is still 17 feet between the new house and the neighbor's house. There is no encroachment onto the neighbor's property, even if a hedge is put in place. There is less yard now on the lot of the new home, not for the neighbor, which is a loss for Holiday Builders who will still bear the cost of moving the septic tank. Ms. Keith assured Council that the specific surveyor that made this mistake is no longer with her firm. Council Member McPartlan asked how long was the obligation to have a hedge going to be in place; will a hedge or fence be required in perpetuity? What will be the responsibility of the City if the new homeowner does not like the hedge and cuts it down? What if the hedge dies on its own? Is this a one-time obligation, or does the City continue to have an obligation? The Community Development Manager pointed out that if the planting of the hedge becomes a condition for approval of the variance, it will become part of the order. If a condition for approval is not met, the variance order will become null and void. She believes it is something that could be enforced through Code Enforcement. The City Attorney said for it to be required it would have to run with the property so that eventually it would be the new owner's responsibility. The Community Development Manager also pointed out that neighbors could complain to Code Enforcement if the hedge was not maintained and the order would be the grounds to make sure that the hedge was maintained or replanted. She also said the variance could include specific details to establish parameters of compliance, such as being a solid hedge, 5 to 6 feet at planting, 24 to 36 inches on center, a healthy hedge right at planting. Vice Mayor Dixon asked how the City would be affected moving forward by granting this variance. Is approving this variance going to allow for more "sloppy building?" The Building Director expressed that this was an isolated incident. Surveyors are professionals and they put their sign and seal on these documents. Mistakes likes this are not made very often. This has never happened in all his 20 years of experience. They do have checks within their system to look at the formboards before the slab is poured. Mayor Dodd also noted that if there is a motion to approve the variance, he would like it to specifically mention the recommendations of staff, including (1) the septic tank being moved according to the specifications of the Indian River County Health Department and verification by the City Building Department prior to issuance of a Certificate of Occupancy (2) to be completed within 180 days, as well as (3) the specific requirements for maintenance of the hedge. Regular City Council Meeting September 11, 1024 Page 8 Ms. Toni Aros showed the Council a picture on her phone of the property line and showing where her fence is. (See attached screenshot). Ms. Dodie Keith, the owner of Keith & Associates, the surveyors for Holiday Builders, expressed their willingness to extend the fence or create a hedge, but all of that will be done on the property of the new house and nothing will be taking away from land available on the neighbor's property. Anthony Palumbo, the Vice President of Acquisition Development at Holiday Builders, also assured Council they are willing to work with all parties involved. He would rather go ahead and do a fence and a hedge and make sure all parties are pleased with the result, including the new homeowner, the neighbor, the Building Department, and the surveyor. Council Member Nunn pointed out that we are putting legal obligations on a new homeowner that may prefer a fence over a hedge. The Community Development Manager reminded the Council that they can require an "opaque buffer'' that allows for some flexibility for the new homeowner that will have this obligation. Ms. Toni Aros offered to get the owner of the home she lives in connected to the Council meeting via Zoom. The City Attorney pointed out that this is a quasi-judicial proceeding and there should not back and forth multiple times and time limits should be honored as well. There was a question of whether a Zoom call is allowed in a quasi-judicial proceeding. Mayor Dodd called for a 5-minute recess at 7:15 p.m. The Council returned at 7:20. All members were present. The City Attorney clarified that public input via electronic or other commercial media, such as Zoom calls, would not be permitted during quasi-judicial hearings. She also reminded the Council that they need to now consider who they have heard from and how their property interest is potentially affected by the variance. She advised against getting involved in negotiations with someone who is not a property owner or involved in civil matters between property owners. The Council decision should be based upon the variance criteria and what is appropriate under the City Code. Mayor Dodd affirmed that the Council would not be getting involved in any negotiations between Holiday Builders and any other property owners adjacent to that property, but we can direct that they put a buffer between the two pieces of property because our Code provides for that. MOTION made by Mayor Dodd and SECOND by Council Member Jones to grant approval of the variance as long as (1) the septic tank will be modified, re -permitted and re -certified by the Indian River County Health Department and (2) that a solid opaque buffer would be placed on the north property line, from the rear of the property to the front of the house, (3) all to be Regular City Council Meeting September 11, 1024 Page 9 completed within 180 days in order to receive a Certificate of Occupancy from the City Building Department. Roll call: Council Member Nunn - nay Mayor Dodd - aye Vice Mayor Dixon - nay Council Member Jones - aye Council Member McPartlan - aye Motion carried. 3-2 Mayor Dodd adjourned the Board of Adjustment meeting at 7:27 p.m. and reconvened the City _ Council Meeting. 11. UNIFINISHED BUSINESS A. Discussion Reeardine the Placement and Desien of the America 250 Monument at the Veteran's Memorial in Riverview Park The City Manager said previously Council approved the concept of a monument and directed staff to work with Dr. Hamilton to determine a location. The location was chosen and approved by the Veterans Advisory Committee. Dr. Holly Hamilton explained that this was one her final projects as President of the Florida Society of the Children of the American Revolution. She and her son, James, who is currently serving as an honorary President of the Children of the American Revolution also worked on this initiative to honor the men, women and children who fought for our Nation in the Revolutionary War. She displayed an overhead picture of the proposed location and design. There was no public input on the design or placement. Dr. Hamilton said they hope to have it installed by early summer next year. MOTION by Vice Mayor Dixon and SECOND by Council Member Jones to approve the proposed design passed with a voice vote of 5-0. MOTION by Council Member Jones and SECOND by Council Member Nunn to approve the location passed with a voice vote of 5-0. 12. NEW BUSINESS A. Consideration of Anneal from Ms. Weston in her Request for CDBG Funds The Community Development Director said that upon final review of the applications for this grant cycle, it was discovered that Ms. Weston was a previous recipient and the policy only allows one award in a five-year period. Ms. Weston was appealing her denial. IEBAITIA.. 1r n mmCITY OF SEBASTIAN SPEAKER CARD AND AFFIDAVIT m s. u Q (Please Print- * Asterisk Denotes Required) *NAME: *STREET ADDRESS: Y *CITY �/�� *STATE *ZIP —!��VV6_4F CONTACT PHONE: �;2,.2__ , 7-7i / CITY RESIDENT: 1�6?NO CITY BUSINESS OWNER: YES / NO CITY PROPERTY OWNER: YES / NO AGENDA ITEM NO: ORGANIZATION REPRESENTING: SUBJECT: AFFIDAVIT: I am aware ofrules of this pr c ding and I I ear or affirm, under penalty of perjury, that all statements and ' r ti ha I rovide in is tter will,4e trut ul. Signature. �� V . Proceeding Speaker Rules: - Complete card prior to introduction to item - Hand the completed card to City Clerk/Secretary - Speaker will have 5 minutes to address the subject - Additional time may be extended if speaking for an organization or applicant - Speakers will be called upon by the Mayor or Chair fort IF{IBAITIAN CITY OF SEBASTIAN SPEAKER CARD AND AFFIDAVIT 1 Ili 11111 IYII H W W (Please Pjrintn -"Asterisk Denotes Required) *NAME: *STREET ADDRESS: L Ct' C-U *CITYl�DA+D �rJA *STATE V *ZIP CONTACT PHONE: 5147 9'�'_� `c cb CITY RESIDENT: YES / NO CITY BUSINESS OWNER: YES / NO CITY PROPERTY OWNER: YES / NO AGENDA ITEM NO: �C� ORGANIZATION REPRESENTING:LI� SUBJECT: V f-W-) .G, t�G SMC )W_V_— AFFIDAVIT: am aware of the n all statements and *Signature: proc:eedirjb and I s that I or vid'oVin th rm, under penalty of perjury, that f bb trdthfu1. Proceeding Speaker Rules: v ! ' J ` ,` - Complete card prior to introduction to item - Hand the completed card to City Clerk/Secretary - Speaker will have 5 minutes to address the subject - Additional time may be extended if speaking for an organization or applicant - Speakers will be called upon by the Mayor or Chair SEBAfTIAN CITY OF SEBASTIAN SPEAKER CARD AND AFFIDAVIT IAN (Pl ease Print- * Asterisk Denotes Required) *NAME: A��©� U/Y) i • *STREET ADDRESS: Z. q -lL *CITY 1 .fs"w '�MCW 64 ftSTATE FL *ZIP 110 CONTACT PHONE: ! 5Z -V U --) � CITY RESIDENT: YES / L� CITY BUSINESS OWNER YES NO CITY PROPERTY OWNER: ES�10 AGENDA ITEM NO: ORGANIZATION REPRESENTING: ( 6_ 0ti-Xo' SUBJECT: �/I�C/L��/���ri2J AFFIDAVIT: I am aware of the rules of this prose ing and I swear or affirm, under penalty of perjury, that all statements and infor n that I pro ide in is matter will be truthful. *Signature: Proceeding Speaker Rules: - Complete card prior to introduction to item - Hand the completed card to City Clerk/Secretary - Speaker will have 5 minutes to address the subject - Additional time may be extended if speaking for an organization or applicant - Speakers will be called upon by the Mayor or Chair