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Home My WebLink About01061998BOA c7- . CITY OF SEBASTIAN BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING JANUARY 6, 1998 Because of the resignation of three members of this Board including the Chairman and Vice Chairman, Mr. Gregory Gore, acting Chairman, opened the meeting at 7:04 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. Crockett Mr. Devito Mr. Gore Mr. Beckwith ALSO PRESENT: Robert Massarelli, Community Development Director Ann Brack, Recording Secretary . ANNOUNCEMENTS: Acting Chairman Gore announced the resignations of Frank Oberbeck, Robert Freeland, and Michael Capp from the Board. He suggested that three new members should be arranged for as soon as possible. He then thanked Messrs. Oberbeck, Freeland and Capp for the time and services they devoted to the community. ELECTION OF CHAIRt"iAN AND VICE CHAIRMAN: Mr. Massarelli suggested the election of Chairman and Vice Chairman at this time and gave criteria for the selection process. Acting Chmn. Gore nominated Ronald Devito as Chairman, and it was seconded by Mr. Crockett. .' Mr. Devito accepted the nomination. ,. A voice vote was taken. 4 - 0 nomination carried. Chairman Devito nominated Mr. Crockett as Vice Chairman, and it was seconded by Mr. Gore. A voice vote was taken. 4 - 0 nomination carried. . . BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF JANUARY 6, 1998 APPROVAL OF MINUTES: ( 12/2/97) MOTION by Beckwith/Gore I move we accept the minutes of the December 2 meeting. A voice vote was taken. 4 - 0 motion carried. OLD BUSINESS: A. Richard and Jodi Fey, in regards to property located at 806 Indian River Drive, are requesting a variance to allow a structure to have a zero foot (0') rear yard setback, whereas the Code requires a 15 foot rear yard setback; and to have a zero foot (0') side yard setback. The applicant also wishes to reduce the green area for the property to zero percent (0%), whereas the code requires the green area to be 25 percent (25%). . Mr. Massarelli noted that since Mr. Gore is stepping down because of conflict of interest, there was no longer a quorum and the issue of a variance for Richard and Jodi Fey will be postponed till the next meeting. NEW BUSINESS: B. Norbert Kreyer, in regards to the property known as the Sebastian Center and located at 1627 U.S. 1, Sebastian, Florida, is requesting a variance to allow medical offices in this building to be considered as professional offices for the purpose of determining parking requirements. Mr. Gore explained a very recent legal involvement with a Mr. Norbert Kreyer from Ft. Lauderdale, FL. MOTION by Beckwith/Crockett 1 move that we postpone the Kreyer matter UI\til the next meeting, when more....... . (This motion was interrupted by Mr. Gore, who gave a description of the Mr. Kreyer that he had met at the deposition.) , Discussion: Mr. Massarelli suggested that because the applicant is not here to present his case, this item should be delayed to the next meeting. It was determined that Mr. Kreyer will be notified of this Board's decision for postponement. . A voice vote was taken. 4 - 0 motion carried. 2 . BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF JANUARY 6, 1998 CHAIRMAN'S MATTERS: None MEMBER'S MATTERS: Mr. Gore commented on the issue of local business people who sit on this Board, and who may do business with someone who comes before this Board, and the confusion over conflict. Mr. Massarelli offered his understanding of the conflict of interest regulation, and noted that the City Attorney, Ms. Valerie Settles, was due at this meeting any moment to give her legal opinion. More discussion took place on this issue. Ms. Settles arrived at 7:28 pm, commented on "special private gain", as noted in the Florida Statute. She also indicated that it becomes an individual issue that may vary from case to case, and if there is any doubt, the Ethics Conunission in Tallahassee, FL, as noted in the "Government- in-the-Sunshine" manual, should be contacted. STAFF MATTERS: e Mr. Massarelli gave an update on the Bailey case, dealing with the variance from a six (6) foot high wall to an eight (8) foot high wall. He informed the Board members that after the variance was given, the property owner completed the wall to eight (8) feet high. He had been given a reasonable period of time to produce the requirement document of an agreement between the two property owners, indicating that the rear property owner could maintain his side of the wall. He noted that a letter had been sent to Mr. Bailey giving him a time schedule to produce the document. At the end of that period of time, he did not produce the agreement, and a notice of violation was issued by Code Enforcement. He was given another period of time to produce the document and it was not produced, and he was issued a summons and it was heard by the Code Enforcement Board. The Code Enforcement Board gave him till the next meeting to come up with this agreement. Me. Massarelli noted that the statutes clearly indicate procedures to be followed in a Code Enforcement Case which is a civil matter, and reasonable notice must be given to correct the violation. Ms. Settles noted that at the Code Enforcement me~, the two parties involved indicated that they would work it out, and the Board gave them till the next meeting to either come back or file something. > . ~ Mr. Robert Freeland (a past member of the Board of Adjustment) spoke of the meeting at which the signed agreement document was assigned to be recorded so that any future owner of that house would have the same privilege of taking care of that wall as Mr. Stewart. He then noted that at the Code Enforcement Board meeting, Code Enforcement indicated that the two parties should try to work it out. He commented that this will not protect any future owner of the adjacent property. He asked Ms. Settles if it was right for Code Enforcement Board to change a requirement that was placed on Mr. Bailey by the Board of Adjustment. Ms. Settles commented that the violation was that the recorded agreement was not produced. And 3 . BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF JANUARY 6, 1998 she felt the Code Enforcement Board just gave them an extra amount of time to bring in the recorded agreement. Mr. Freeland indicated that his interpretation of Code Enforcement action was that this problem could be worked out with the neighbor, and the agreement issue was sort of dropped. Ms. Settles indicated that Code Enforcement cannot change an order placed by the Board of Adjustment. Mr. Massarelli noted a request for a variance for the location of a well to be located in the front yard because of a Health Department requirement, and this will probably be presented at the next meeting. He also noted that there will probably be an appeal of an administrative decision next month. Chrnn. Devito asked if advertising is being done for new Board members. Mr. Massarel1i explained the new procedure for receiving applications for various Boards by the City Clerk's office. . Mr. Sal Neglia noted that on Mr. Fey's application, the City is not indicated. The Board indicated that this correction will be made. There was further discussion on how to handle possible future events in the Bailey case. There was also discussion on walls and fences, and materials used for these purposes, and their heights. Mr. Massarelli indicated that he will provide copies of the section of the Code that deals with fences and walls to Board members for their comments. Chrnn. Devito adjourned the meeting at 7:50 pm. (1/21/98 AB) . ~ City 0£ Sebasdazz 1225 MAIN STREET rq SEBASTIAN, FLORIDA 32958 TELEPHONE (,561)589-5537 E FAX (561) 589-2,566 PUBLIC MEETING CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA TI-[E BOARD OF ADTU'STMENT OF THE CITY OF SEBASTIAN, INDLAN RIVER COUNTY, FLORIDA, WILL HOLD A MEETING ON JANUARY 6, 1998, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS. ANN BRACK, RECORDING SECRETARY BOARD OF ADJUSTMENT NOTE: ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUS~ WITH RESPECT TO ANY MATTER CONSIDER.ED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSU'R.E THAT A VERBATI~ RECORD OF THE PROCEEDINGS IS MADE, WIt[CH RECORD INCLUDES THE TESTIMONY AND EVIDE-'2q'CE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMIVIODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. TWO OR MORE CITY COUNCIL MEMBERS MAY BE IN A'ITEND~CE OF THIS MEETING. City of Sebastian 1225 MAIN STREET E] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 E] FAX (561) 589-2566 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 JANUARY 6, 1998, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-3.12 (E) 4 (b) AND (c) AND FROM SECTION 20A-3.12 (E) 6 OF THE SEBASTIAN LAND DEVELOPMENT CODE, RICHARD AND JODI FEY, IN REGARDS TO THE PROPERTY LOCATED AT 806 INDIAN RIVER DRIVE, ARE REQUESTING A VARIANCE TO ALLOW A STRUCTURE TO HAVE A ZERO FOOT (0') REAR YARD SETBACK, WHEREAS THE CODE REQUIRES A 15 FOOT REAR YARD SETBACK; AND TO HAVE A ZERO FOOT (0') SIDE YARD SETBACK, WHEREAS THE CODE REQUIRES A 15 FOOT SIDE YARD SETBACK. THE APPLICANT ALSO WISHES TO REDUCE THE GREEN AREA FOR THE PROPERTY TO ZERO PERCENT (0%), WHEREAS THE CODE REQUIll.ES THE GREEN AREA TO BE 25 PERCENT. MICHAEL P. CAPP BOARD OF ADJUSTMENT VICE CHAIRPE~ON CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERF..D 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 TIlE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS IO BE HEARD. (286.0105 F.S.) iN COMPLIANCE wrrH 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. TWO OR MORE CITY COUNCIL MEMBERS MAY BE iN ATTENDANCE OF THIS MEETING. PUBLISHED DECEMBER 22; 1997 City of Sebastian 12:25 MAIN STREET Q SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [3 FAX (561) 589-2566 PUBLIC NOTICE CITY OF SEBASTIAN 1225 ~ STREET INDIAN RIVER COUNTY FI, OmA THE BOARD OF AD]'USTMENT OF TF[E CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORZDA, WILL CONDUCT A PUBLIC I.{EAKiNG J'AbHJ'ARY 6, 1998, AT 7:00 P.M. IN TI-EE CITY 'COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-8.2 (13) AND SECTION 20A-8.2 (24) OF THE SEBASTIAN LAND DEVELOPMENT CODE. NORBERT KREYER, 1-N REGARDS TO THE PROPERTY KNOWN AS THE SEBASTIAN CENTER AND LOCATED AT 1627 U.S. t, SEBASTIAN, FLORID& tS REQUESTING- A VAP, J~NCE TO ALLOW MEDICAL OFFICES IN THiS BUILDING TO BE CONSIDERED AS PROFESSIONAL OFFICES FOR TH~ PUB.POSE OF DETEP4MINING PARKING REQUIREMENTS. MICHAEL P. CAPP BOARD OF ADJUSTMENT VICE CHAIRPERSON CITY OF SEBASTIAN ANY PERSON WI-IO DECIDES TO APPEAL ANY DECISION MADE BY TI-IE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF TI-IE PROCEEDINGS AND MAY NEED TO h-'NSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WFtICH RECORD INCLUDES THE TESTIIViONY AND EVIDENCE UPON WFKCH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) 1N COMPLIANCE WITH THE AMERICANS WITH DISABILFITES 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. TWO OR MORE crI-Y COUNCIL MEMBERS MAY' BE IN A1TENDANCE OF TH%$ MEET~O. PUBLISH]ED DECE1V[BER 22, 1997