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HomeMy WebLinkAbout01021990BOACity of Sebastian POST OFFICE BOX 780127 13 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 PUBLIC MEETING CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE SEBASTIAN BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, WILL HOLD A REGULAR MEETING ON TUESDAY, JANUARY 2, 1990, 3:00 P.M. IN THE CITY COUNCIL CHAMBERS. jAK~~ING, S~EC~TARY SEBASTIAN BOARD OF ADJUSTMENT NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED. /jk City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 AGENDA BOARD OF ADJUSTMENT TUESDAY, JANUARY 2, 1990 2. 3. 4. 5. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OLD BUSINESS: PUBLIC HEARING: APPROVE DECEMBER 19, 1989 MINUTES BURGOON BERGER CONSTRUCTION CORPORATION IS REQUESTING A VARIANCE TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD. 6. CHAIRMANS MATTERS: 7. COMMITTEE MATTERS: 8. BUILDING OFFICIAL MATTERS: 9. NEW BUSINESS: 10. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) City of Sebastian POST OFFICE BOX 780127 [3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING TUESDAY, JANUARY 2, 1990, AT 3:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA~ TO CONSIDER A VARIANCE FROM THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE, SECTION 20.A-5.6. BURGOON BERGER CONSTRUCTION CORPORATION, IN REGARDS TO LOT 15, BLOCK 134, SEBASTIAN HIGHLANDS UNIT 4, HAS REQUESTED A VARIANCE TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD, WHEREAS THE ORDINANCE REQUIRES THE PLACEMENT OF SUCH FACILITIES IN THE FRONT OR SIDE YARD. KATHRYN M. O'HALLORAN, CMC/AAE CITY CLERK CITY OF' SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) PUBLISHED: DECEMBER 18, 1989 DECEMBER 26, 1989 BOARD OF ADJUSTMENT "REGULAR MEETING" JANUARY 2, 1990 - 3:00 P.M MEETING WAS CAI, LED TO OiRDER BY CHAIRMAN MATTHEWS AT 3:00 P.M. THE PLEDGE OF ALLEGIANCE WAS LED BY CHAIRMAN MATTHEWS. ROLL CALL: PRESENT: CHAIRMAN, GALE MATTHEWS JOSEPH STEPHENSON WALTER SHIELDS MARY HEINICEE EXCUSED: VICE CHAIRMAN, LOUIS PRIORE JAMES HUSK ALSO PRESENT: BRUCE COOPER, DIRECTOR OF COMMUNITY DEVELOPMENT OLD BUSINESS: MOTION BY MR. STEPHENSON, SECONDED BY MR. SHIELDS TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD DECEMBER 19, 1989, AT 3:00 P.M. AS WRITTEN. MOTION CARRIED. PUBLIC HEARING - BURGOON BERGER CONSTRUCTION CORPORATION, IN REGARDS TO LOT 15, BLOCK 134, SEBASTIAN HIGHLANDS UNIT 4, HAS REQUESTED A VARIANCE TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD, WHEREAS THE ORDINANCE REQUIRES THE PLACEMENT OF SUCH FACILITIES IN THE FRONT OR SIDE YARD. ED KLISH, DIVISION MANAGER FOR BURGOON BERGER CONSTRUCTION CORPORATION IN SEBASTIAN WAS PRESENT AT THE MEETING. MR. KLISH STATED THAT THE HEALTH DEPARTMENT FOUND A SEPTIC TANK AND DRAINFIELD IN THE REAR OF LOT 2, BLOCK 134. THE WELL CANNOT BE PLACED IN THE REAR ON LOT 15, BLOCK 134 AS IT SHOULD BE, BECAUSE IT WOULD BE TOO CLOSE TO THIS DRAINFIELD. THEREFORE, BURGOON BERGER IS REQUESTING THE VARIANCE TO PUT THEIR DRAINFIELD AND SEPTIC IN THE REAR. MR. KLISH ALSO NOTED THAT MR. DAIN CLAY, THE OWNER OF THE LOT IN QUESTION, ALSO OWNS LOT 16, BLOCK 134. PAGE 2 MR. DAiN CLAY, WHO WAS PRESENT AT THE MEETING, ALSO NOTED THAT HIS BROTHER, DEWON CLAY, OWNS LOTS 12, 13 AND 14, BLOCK 134. MR. SHIELDS INQUIRED ABOUT THE DISTANCE THE DRAINFIELD ON LOT 2, BLOCK 134 IS FROM THE REAR PROPERTY LINE. MR. COOPER DETERMINED THAT BASED ON THE SURVEYOR'S SCALED DRAWING, THE DISTANCE IS 26 FEET. MR. DEWON CLAY, OWNER OF LOTS 12, 13 AND 14, BLOCK 134 WAS PRESENT. HE LIVES ON LOT 13 AND STATED THAT HE DOES NOT PLAN TO BUILD ON LOT 14. MR. COOPER ASKED MR. CLAY iF HE WOULD BE WILLING TO MAKE THAT A CONDITION OF THE VARIANCE, SINCE LOT 14 WILL HAVE THE MOST IMPACT FROM THE GRANTING OF THIS VARIANCE. THIS WOULD BE DONE THROUGH A UNITY OF TITLE. MR. DEWON CLAY AGREED TO THIS. A DISCUSSION FOLLOWED CONCERNING THE UNITY OF TITLE DOCUMENT AND THE CONDITIONS WHICH MAY BE PLACED ON IT. MR. COOPER ASKED IT LOT 16, BLOCK 134 WAS A CORNER LOT. IT IS NOT, BUT LOT 17 IS A CORNEl{ LOT. MR. DAIN CLAY ALSO AGREED TO DO A UNITY OF TITLE BETWEEN LOTS 15 & 16, SINCE THE VARIANCE WOULD ALSO HAVE AN IMPACT ON LOT 16. AFTER A BRIEF DISCUSSION, MR. COOPER WAS ASKED TO WORD THE MOTION. MR. COOPER RECOMMENDED THAT THE VARIANCE BE GRANTED AS PROPOSED ON LOT 15, BLOCK 134, UNIT 4, FOR BURGOON BERGER PROVIDED THE FOLLOWING CONDITIONS ARE MET: UNITY OF TITLE IS RECORDED FOR LOTS 15 AND 16, BLOCK 134, SEBASTIAN HIGHLANDS UNIT 4. UNITY OF TITLE IS RECORDED FOR LOTS 13 AND 14~ BLOCK 134, SEBASTIAN HIGHLANDS UNIT 4. 3. NEITHER OF THE ABOVE REFERENCED UNITY OF TITLE DOCUMENTS MAY BE RELEASED UNLESS: A. PUBLIC WATER IS AVAILABLE B. PUBLIC SEWER IS AVAILABLE C. THE SEPTIC SYSTEM CAN BE PLACED IN THE FRONT. PAGE 3 MOTION BY MRS. HEINICKE TO GRANT THE VARIANCE AS STIPULATED BY MR. COOPER, SECONDED BY MR. STEPHENSON. ROLL CALL: AYE: CHAIRMAN MATTHEWS JOSEPH STEPHENSON WALTER SHIELDS MARY HEINICKE NAY: NONE MOl. [,)N CARRIED CHAIRMAN'S MATTERS: MR. COOPER HAS ASKED THE BOARD TO INDICATE THE APPROPRIATE CONCLUSIONS OF LAW FOR CASE NO. 89.007, VARIANCE DENIED, AT THE LAST MEETING OF THE BOARD ON DECEMBER 19, 1989. THE REASONS NEED TO BE GIVEN FOR THE DENIAL. AFTER BRIEF DISCUSSION, IT WAS THE CONSENSUS OF THE BOARD MEMBERS WHO WERE AT THE LAST MEETING THAT (E) "THE VARIANCE WI'LL MATERIALLY DIMINISH OR IMPAIR ESTABLISHED PROPERTY VALUES WITHIN THE SURROUNDING AREA" AND (H) THE VARIANCE IS NOT CONSISTENT WITH THE COMPREHENSIVE LAND USE PI,AN" WOULD APPLY. COMMITTEE MATTERS: NONE BUILDING OFFICIAL MATTERS: NEW BUSINESS: NONE NONE THERE BEING NO FURTHER BUSINESS, MOTION TO ADJOURN WAS MADE BY MRS. HEINiCKE, SECONDED BY MR. SHIELDS. MOTION CARRIED. THE MEETING ADJOURNED AT 3:40 P.M.