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HomeMy WebLinkAbout01041987BOAL. Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 589-5330 Kathryn M. O'Halloran City Clerk AGENDA BOARD OF .AD. JUSTMENT MONDAY, JANUARY 4, 1987 - 3:00 P.M. ' ' ~ITY COUNCIL CHAMBERS 1225 MAIN STREET, .SEBASTIAN, FLORIDA 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. OLD BUSINESS: - Approve November 20, 1987 Minutes 5. PUBLIC HEARING- Riverview Trailer Park - Mr. & Mrs. Roland Foster - Appealing Decision made by Building Official 6. CHAIRMANS MATTERS 7. COMMITTEE MATTERS 8. NEW BUSINESS: 9. 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. MINUTES BOAR OF ~ MEETING ~QNDAY JANUARY 4, 1988 - 3-_~ P.M. 1225 ~ ST_~ ~ ~ Acting Chairman Priore called the meeting to order at 3:07 P.M. 2. ROLL CALL Present: Walter Shields Gale Matthews Mary Heinicke Louis Priore, Acting Chairman Excused: Joseph Stephenson, Chairman Also Present: Bruce Cooper, Building Official John Emerick, Code Enforcement Officer Thomas Palmer, City Attorney 3. Acting Chairman Priore led the Pledge of Allegiance. Acting Chairman Priore opened the Public Hearing at 3:15 P.M. by asking that the Fosters representative come to the podium and state their grievance. Mrs. Foster asked that before she spoke, Mr. Mackey had something to share with the Board. Mr. Gordon L. Mackey, representing the F.M.O. (Federation of Mobile Owners of Florida, Inc.) (Chartered as "The Riverview Trailer Park") read into the record a petition requesting the City of Sebastian to abide by Florida Statutes contained in Chapter 723, and also that they be given copies of all City Ordinances pertaining to Mobile Homes. The petition had twelve (12) signatures. 1 Mr. Cooper explained that anyone could get copies of City Ordinances. Mr. Mackey continued by requesting that the City abide by Section 723.063 and 723.004. Attorney Palmer explained that concerning 723.063, the City had passed no law which requires any Mobile homes to be removed, they were in fact "Grandfathered". The Mobile Home in question was moved voluntarily by the then owner. He continued by also explaining that 723.004 did not apply as the City again had not passed any laws that contradicted the Florida State Statues. Mrs. Foster stated that she had requested information from the Sebastian Building Department before making a down payment on the Trailer Park in 1986. She stated that she was never told of the CG zoning. And in fact was given nothing to suggest there may be a problem. Not until the Code Enforcement Officer sent a copy of the Ordinance explaining that no Trailer in this Park could be replaced that she was made aware. She stated that she felt it was the governments responsibility to have given her the correct information. Mrs. Foster continued by reading from Sections of the City Code. She asked that Section 20-9.3 (C) be explained to her. Attorney Palmer explained that this Section refers to something that was installed legally prior to the effective date of this code. If something was installed illegally, it would not be "Grandfathered". Mrs. Foster continued by stating that all she wanted was use of the Trailer lot and would put in the same size Mobile Home as previously allowed. She continued to read from sections of the City Code again asking for an explaination of Section 20A-9.8 Attorney Palmer explained that this Section was for an exsisting structure which is a permanent building, perticularly applicable to Lease Hold Interest. It states that if someone voluntarily ceases a use that is non-conforming for a period of ninety (90) days, he or she cannot reactivate that use. But if they are intending to continue the use and are making a good faith effort to continue the use, they are not restricted to that ninety (90) days. He also went on to say that there was no evidence that the removal of the Trailor in question was anything other than voluntary. Mr. Cooper read from Section 20A-9.7 (D) which stated that change in location of any non-conforming structure from its original location whatsoever shall thereafter conform to the regulations of the zoning district. Mrs. Heinicke questioned whether or not Mrs. Foster had in fact had an attorney during the purchase of the Park. Mrs. Foster stated that she had. Mr. Priore explained to Mrs. Foster that the Board could not set a precedent by granting this appeal. Mrs. Heinicke questioned Mrs. Foster as to whether this appeal was purely for monetary reasons. Mrs. Foster answered that the purpose for purchasing the park was monetary. Attorney Palmer explained that the Board did not have the power to grant a use variance. Mrs. Heinicke asked Attorney Palmer whether or not a trailer could be replaced in the case of a fire. Attorney Palmer explained that fire would be involuntary and could be replaced, excluding arsen. Mr. Cooper stated that any nonconformimg structure destroyed due to an act of God can be replaced within the City of Sebastian. Attorney Palmer questioned Mr. Cooper whether a permit was ever applied for to install a new Mobile Home. Mr. Cooper stated that the City had no record that the owners of the Mobile Home in question had ever applied for or received permits to install a Mobile Home. Attorney Palmer stated that he felt this was a self created hardship, created by the owner of the Mobile Home by not following the proper procedures in obtaining the necessary permits, which if applied for would have prevented this problem, because the Building Department would have explained that moving and installing a new Mobile Home was not allowed under commercial zoning. Motion made by Shields/Heinicke I move we deny the appeal. Motion amended to read as follows: I move we deny this appeal based on Paragraph D of Section 20A-9.7 of the City Code refering to movement of non-conforming structures. Mr. Coopers interputation of the Code as applied in this case is correct, that re- 3 installation of a Mobile Home that is moved voluntarily is prohibited. ROLL CALL: Walter Shields Gale Matthews Mary Heinicke Louis Priore Yes Yes Yes Yes Motion carried. Mr. Cooper advised Mrs. Foster that as of todays date, she had 30 days in which to remove the Mobile Home or if she wishes to appeal this decision through the Circuit Court the enforcement would be postponed until such time as the appeal could be heard. 5. OLD BUSINESS; MOTION made by Matthews/Heinicke I move we approve the minutes of November 20, 1987 as presented. Voice vote unanimous Motion carried. 6. CHAIRMANS MATTERS 7. CQMMITTEE MATTERS 8. NEW DUSINESS 9. ADJOURN Meeting was adjourned at 4:25 P.M.