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HomeMy WebLinkAbout01051999BOA CITY OF SEBASTIAN BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING JANUARY 5, 1999 Vice Chairman Crockett called the meeting to order at 7:03 pm. The Pledge of Allegiance was said, VChmn. Crockett commented that Chairman Devito is absent tonight, so he will do the PRESENT: best he can. ROLL CALL: UNEXCUSEDABSENCE: ALSO PRESENT: Gregory Gore Andrew AIIocco Keith Miller(a) Chron. Devito ANNOUNCEMENTS: VChmn. Crockett Clive Beckwith(a) James Schmitz Tracy Hass, Growth Management Director Jan King, Growth Management Manager Richard Stringer, City Attorney Ann Brack, Recording Secretary It was noted that Keith Miller(a) will vote in place of Chmn. Devito. APPROVAL OF MINUTES: (12/1/98 and 11/4/98) Chmn. Crockett asked for a motion to approve the minutes, (12/1/99) MOTION by Gore/Schmitz So moved, A voice vote was taken. 5 - 0 motion approved. Minutes of 11/4/98. MOTION by Schmitz/Miller I make a motion to approve the minutes of November 4th, 1998. A voice vote was taken. 5 - 0 motion carried. OLD BUSINESS: None BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF JANUARY 5, 1999 NEW BUSINESS: A. PUBLIC HEARING: 1. HADDEN, OBIE AND KATHLEEN, IN REGARDS TO PART OF LOTS 1, 2, AND 3, BLOCK 7, HARDEE'S ADDITION, AND LOCATED AT 829 HIGH STREET, request a variance to allow a well in the front yard, whereas the code would require the well to be located within either the portion of the side yard that is not forward of the front building line, or within the rear yard. Obie and Kathleen Hadden, 4529 Ballentine Court, Lakeland, FL, were present and were sworn in by Attorney Stringer. Ms. King was also sworn in at this time. Mr. Hadden gave a brief presentation. Jan King gave staff presentation and recommended approval. Mr. Miller asked about the report from the Health Department, and Ms. King responded that a stamped plan from the Health Department is in the application file for the building permit. She also noted that there was no other configuration that could be used so it received approval from the Health Dept. of approximately ten (10) feet. There were twenty-one (21) notices of hearing sent, and there were no objection or non- objection letters received. VCh. Crockett opened and closed the public hearing at '7:15 pm, as there was no public input. MOTION by Gore/Schmitz I would move that the request for variance be granted. (Request to place the weft in the front yard) Discussion: Mr. Miller commented about county water not being available on High Street. Mr. Alan Schommer offered an explanation on the preceding question, and informed the members that the County will not install water lines on any City streets unless they are asked to do so, in a letter, by the City of Sebastian. They then place the assessment on the property owners. Roll call: Gregory Gore - yes VChmn. Crockett - yes Andrew AIIocco - yes James Schmitz - yes Keith Miller(a) - yes The vote was 5 - O. Motion carried. BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF JANUARY 5, 1999 OLIVERI, TONY AND SUE, AS TENANTS, AND ALAN SCHOMMER, AS OWNER, IN REGARDS TO THE WASHINGTON PLAZA LOCATED AT 1108 TO 1140 U.S. #1, SEBASTIAN, FL, are requesting a variance to reduce parking requirements for this site from 90 spaces to 57 spaces. Tony Oliveri, 4245 12th PI., Vero Beach, FL, Susan Rugeri, 2225 Cortez Ave., Vero Beach, FL, tenants, and Alan Schommer, 1460 56th Sq. W., Vero Beach, FL, owner, were present and were sworn in by Attorney Stringer at 7:20 pm. Mr. Schommer gave his presentation and included a description of the history of this site. He pointed out that the restaurant is being expanded within the present building, no additional tables are being added, just additional chairs. He commented that he felt this building was "grandfathered in" since it was built before the current parking requirements were put in place. He also noted that evening hours are the time that more parking is needed, and all other businesses except one are closed in the evening. He also noted that they are installing three (3) handicap bathrooms, expanding the kitchen, and adding another fire exit, along with creating wider aisles between tables. He noted that a building permit was issued, the work completed, and then they found out they needed a variance because of the additional chairs in relation to the parking spaces. He submitted eight (8) photographs showing the parking lot at various times on 1/5/99, from 3:30 pm until 6:45 pm. Ms. Rugeri gave information on their desire to enlarge the restaurant and bring it into the 1990's. Mr. Schmitz asked if the Fire Department has approved the additional chairs. Mr. Schommer responded that the State and the Fire Department have approved this site for over one hundred (100) seats. Ms. King noted that jeff Diggs, a Fire Inspector visited her yesterday and he noted that the Fire Dept. will not sign this off until they find out what the City of Sebastian limits the seating to. They apparently don't want to get into a conflict with the City. She noted that the occupancy load noted by the Fire Department is different than the issue before the Board tonight. Mr. Schmitz then asked what percentage of this business is take-out versus sit-down. Mr. Oliveri responded that 20% is take-out, approximately 20% delivery, and the reSt is sit-down, mostly after 5 pm. Mr. Schmitz noted that it seemed like there were some on-street parking spaces available, and he asked Ms. King if she knew of any information contrary to this. Ms. King responded that on-street parking cannot be used in the calculations for parking space on-site. BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF JANUARY 5, 1999 VChmn. Crockett commented on the parking lot. Mr. AIIocco commented that he counted the parking spaces on site, and his count does not match those on the drawing. There was discussion on this subject. Mr. Gore commented that since his office is across the street from this site, he has never seen this parking lot full. He indicated that he felt the parking restrictions are totally too restrictive. He stated that "it is a formulaic approach using a cookie cutter, that demands that everybody fit into it or else, and it is not fair". He felt that each case should be taken on a case by case basis. He summarized by saying that parking is too restrictive in this city, and he never sees the subject parking lot full. There was much discussion on this issue. There was also discussion of the handicap spaces, and the blend of regular versus compact spaces. Ms. King noted that this was all approved by Planning and Zoning in 1996. Atty. Stringer pointed out that when Mr. Schommer presented his site plan in 1996, he should also have applied for a variance for nonconformance. He suggested that a variance be obtained for the number of handicap spaces and compact spaces. There was clarification by Atty. Stringer that one variance would be to reduce the number of handicap spaces, and another variance would be applied to the compact spaces. Ms. King gave staff report, noted that this site needs a total of ninety (90) spaces, and they have a total of fifty-seven (57) spaces, making them short thirty-three spaces. She summarized by noting that not only do they have to provide for the additional seats they are putting in, but they also have to provide for the deficiencies that exist, according to present code. Atty. Stringer commented on various issues that would require a variance on a site such as this. VChmn. Crockett opened and closed the public hearing at 8:14 pm, as there were no opponents or proponents. There were fifteen (15) notices of hearing sent out and no objection or non-objection letters received. MOTION by Gore/Schmitz I make a motion that the variance be granted, basis that it is an existing situation which has already been approved; it is a special condition; conditions not created by the applicant; no special privileges, I believe, is being conferred; to deny it would impose a hardship upon a business in the community; only a minimum variance granted; not injurious to the public welfare. No conditions or safeguards need to be imposed since the site has already been approved (by P & Z); no time limit imposed. (Variance for reduction in parking spaces,) BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF JANUARY 5, 1999 Discussion; Mr. Schmitz clarified that there is off-site parking near this site. It was also clarified that the extra nine hundred (900) square feet is not being added on to the building, but is expanding into an area already existing for office- retail. This expansion creates a change in use, Roll call: Gregory Gore - yes VChmn. Crockett - no Andrew AIIocco - yes James Schmitz - yes Keith Miller(a) - no The vote was 3 in favor, 2 against. Motion carried. CHAIRMAN'S MATTERS: VChmn. Crockett asked what progress has been made in the definition of a dwelling unit. Mr. Stringer responded that after City Council discussion, staff was directed to investigate codes from other areas covering this issue. It was suggested that Mr. Hass look into this issue. MEMBERS' MATTERS: Mr. AIIocco asked if he could get a Code book. There was discussion on this issue, and the secretary commented that the Clerk's office does not want to hand out code books because they have not been updated. Mr. Stringer noted that about 80% of the old code book has been changed. There were three Board members who needed code books and the secretary noted that she would try one more time to obtain them. *At this point, the eight (8) photos submitted by Mr. Schommer of the Washington Plaza case were admitted into evidence as composite Exhibit I. VChmn. Crockett adjoumed the meeting at 8:27 pm. (1/11/99 AB) City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561) 589-2566 BOARD OF ADJUSTMENT MINUTES OF ME£TING HELD APPROVED AT MEETING HELD ROt ANN BRACK, SECRETARY BOACS.DOC City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561) 589-2566 AGENDA BOARD OF .~DJUSTMENT TUESDAY, JANU .ARY 5, !999 7:00 P.M. 2. 3. 4. 5. 6. '7. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: ANNOUNCEMENTS: APPROVAL OF MINUTES: OLD BUSINESS: NEW BUSINESS: Minutes of December 1, 1998 A. PUBLIC HEARING HADDEN, OBIE AND KATHLEEN, IN REGARDS TO PART OF LOTS 1,2, AND 3, BLOCK 7, HARDEE'S ADDITION AND LOCATED AT 829 HIGH STREET, REQUEST A VARIANCE TO ALLOW A WELL IN THE FRONT YARD, WHEREAS THE CODE WOULD REQUIRE THE WELL TO BE LOCATED WITHIN EITHER THE PORTION OF THE SIDE YARD THAT IS NOT FORWARD OF THE FRONT BUILDING LINE, OR WITHIN THE REAR YARD. OLIVERI, TONY AND SUE, AS TENANTS, AND ALAN SCHOMMER, AS OWNER, IN REGARDS TO THE WASHINGTON PLAZA LOCATED AT 1108 TO 1140, U.S. #1, SEBASTIAN, FL, ARE REQUESTING A VARIANCE TO REDUCE PARKING REQUIREMENTS FOR THIS SITE FROM 90 SPACES TO 57 SPACES. 8. CHAIRMAN'S MATTERS 9. MEMBERS' MATTERS 10. STAFF MATTERS 11. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MA']-I'ER 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.) TWO OR MORE ELECTED OFFICIALS MAY BE IN A'i-I'ENDANCE. IN COMPLIANCE WITH THE AMERICANS WiTH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (561) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING AGENDA - BOARD Of ADJUSTMENT REGULAR MEETING OF NOVEMBER 3, 1998 AGENDA. DOC