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HomeMy WebLinkAbout01081991BOA City of Sebastian POST OFFICE BOX 780127 [] 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 8, 1991, AT 3:00 P.M. IN THE CITY COUNCIL CHAMBERS. 3~G,~S'-~'~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 8, 1991 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. OLD BUSINESS: APPROVE SEPTEMBER ]1, 1990 MINUTES 5. PUBLIC HEARINGS: BELMONT HOMES OF SOUTH FLA., INC, IN REGARDS TO LOT 16, BLOCK 238, SEBASTIAN HIGHLANDS UNIT 10, IS REQUESTING 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. EDWARD G. HEIRTZLER AND NANCY A. HEIRTZLER, IN REGARDS TO LOT 5, BLOCK 306, SEBASTIAN HIGHLANDS UNIT 10, IS REQUESTING A VARIANCE TO ALLOW A STRUCTURE TO REMAIN WHICH ENCROACHES APPROXIMATELY 1 FOOT INTO THE REQUIRED 10 FOOT SIDE YARD SETBACK. 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 [] 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 8, 1991, 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 20A-5.6. BELMONT HOMES OF SOUTH FLA. INC., IN REGARDS TO LOT 16, BLOCK 238, SEBASTIAN HIGHLANDS UNIT 10, 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. (286.01.05 F.S.) PUBLISHED: DECEMBER 24, 199'0 DECEMBER 31, 1990 City of Sebastian POST OFFICE BOX 780127 [] 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 8, 1991, 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 20A-3.4(D)(6). EDWARD G. HEIRTZLER AND NANCY A. HEIRTZLER, IN REGARDS TO LOT 5, BLOCK 306, SEBASTIAN HIGHLANDS UNIT 10, HAS REQUESTED A VARIANCE TO ALLOW A STRUCTURE TO REMAIN WHICH ENCROACHES APPROXIMATELY 1 FOOT INTO THE REQUIRED 10 FOOT SIDE YARD SETBACK. 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 24, 1990 DECEMBER 31, 1990 BOARD OF ADJUSTMENT "REGULAR MEETING" JANUARY 8~ 1991 - 3:00 P.M. ROLL CALL: PRESENT: EXCUSED: ALSO PRESENT: MEETING WAS CALLED TO ORDER BY ACTING CHAIRMAN HEINICKE AT 3:00 P.M. THE PLEDGE OF ALLEGIANCE WAS LED BY ACTING CHAIRMAN HEINICKE. MARY HEINICKE, ACTING CHAIRMAN JAMES HUSK JOSEPH STEPHENSON WALTER SHIELDS GALE MATTHEWS BRUCE COOPER, DIR. OF COMMUNITY DEVELOPMENT RICHARD TORPY, ASSISTANT CITY ATTORNEY OLD BUSINESS: MOTION BY MR. STEPHENSON, SECONDED BY MR. SHIELDS TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD SEPTEMBER 11, 1990 AT 3:00 P.M. AS WRITTEN. MOTION CARRIED. PUBLIC HEARING - BELMONT HOMES OF SOUTH FLA., INC., IN REGARDS TO LOT 16, BLOCK 238, SEBASTIAN HIGHLANDS UNIT 10, IS REQUESTING A VARIANCE TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD, WHEREAS THE ORDINANCE (SECTION 20.A-5.6 OF SEBASTIAN LAND DEVELOPMENT CODE) REQUIRES THE PLACEMENT OF SUCH FACILITIES IN THE FRONT OR SIDE YARD. WILLIAM SUTTER, A LAND SURVEYOR OUT OF PALM BAY WAS PRESENT REPRESENTING BELMONT HOMES OF SOUTH FLA., INC. HE NOTED THAT THE ONLY POSSIBLE PLACEMENT FOR THE SEPTIC SYSTEM WOULD BE IN THE REAR YARD DUE TO THE EXISTING CONDITIONS ON THE SURROUNDING LOTS. HE EXPLAINED THE IMPACT ON THE SURROUNDING VACANT LOTS. BELMONT HOMES TRIED TO HAVE THE WELL ON LOT 15, BLOCK 238 MOVEDv BUT THE OWNERS WANTED WHAT BELMONT FELT WAS AN UNREALISTIC SETTLEMENT. ONLY LOT 17, BLOCK 238 IS STRONGLY AFFECTED BUT IT WILL NOT PREVENT THEM FROM BUILDING OR NECESSITATE A VARIANCE. PAGE 2 MRS. HEINICKE ASKED IF ALL THE SURROUNDING PROPERTY OWNERS HAS BEEN NOTIFIED OF THE PUBLIC HEARING, AND WAS INFORMED BY THE BOARD SECRETARY THAT ALL NOTICES HAD BEEN MAILED. THERE WERE NO OBJECTIONS FROM ANYONE IN ATTENDANCE. MR. COOPER STATED THAT HE WAS IN FAVOR OF THE VARIANCE. MOTION BY MR. STEPHENSON, SECONDED BY MR. SHIELDS TO GRANT THE VARIANCE FOR LOT 16, BLOCK 238, SEBASTIAN HIGHLANDS UNIT 10, TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD, WHEREAS SEBASTIAN LAND DEVELOPMENT CODE 20A-5.6 REQUIRES THE PLACEMENT OF SUCH FACILITIES IN THE FRONT OR SIDE YARD. ROLL CALL: YES: MR. HUSK MR. STEPHENSON MR. SHIELDS ACTING CHAIRMAN HEINiCKE NO: NONE MOTION CARRIED. PUBLIC HEARING - EDWARD G. HEIRTZLER AND NANCY A HEIRTZLER, IN REGARDS TO LOT 5, BLOCK 306, SEBASTIAN HIGHLANDS UNIT 10, IS REQUESTING A VARIANCE TO ALLOW A STRUCTURE TO REMAIN WHICH ENCROACHES APPROXIMATELY 1 FOOT INTO THE REQUIRED 10 FOOT SIDE YARD SETBACK (SEBASTIAN LAND DEVELOPMENT CODE, SECTION 20A-3.4(D)(6). EDWARD HEIRTZLER WAS PRESENT REPRESENTING HIMSELF AND HIS WIFE. HE JUST PURCHASED THE HOUSE ABOUT A MONTH AGO AND WAS NOT AWARE AT THE TIME OF THE PURCHASE THAT THERE WAS A VIOLATION ON THE LOCATION OF THE SLAB iTSELF. THE PRIOR OWNER, MR. EDWARD RYSKA, iS CLAIMING THAT HE WAS NEVER AWARE OF THE PROBLEM. MR. COOPER SAID THAT THE ORIGINAL CONTRACTOR NOTIFIED THE BUILDING DEPARTMENT BY WAY OF A FOUNDATION SURVEY OF THE ENCROACHMENT AND FELT THAT MR. RYSKA WAS AWARE OF THE SITUATION. IT WAS NOTED ON THE INSPECTION CARD IN THE BUILDING DEPARTMENT THAT NO CERTIFICATE OF OCCUPANCY WOULD BE ISSUED ON THIS HOME UNTIL THE PROBLEM WAS CORRECTED. THERE WAS A MATTER OF LITIGATION BETWEEN THE OWNER AND CONTRACTOR. MR. HEIRTZLER PURCHASED THE HOME UNFINISHED. PAGE 3 MR. STEPHENSON ASKED IF THE ERROR WAS MADE BY THE SURVEYOR, BUT MR. COOPER DID NOT KNOW WHO HAD STAKED OUT THE HOUSE. THE ORIGINAL OWNER SOLD THE PROPERTY AND GAVE THE PROBLEM TO SOMEONE ELSE. MR TORPY STATED THAT THE BOARD HAD A SIMILAR VARIANCE JUST A FEW MONTHS AGO. THE ISSUE IN THIS VARIANCE iS WHETHER OR NOT THE APPLICANT IS AT FAULT. THE SITUATION IS BEYOND HIS CONTROL AND IN FACT HE HAD NO KNOWLEDGE OF IT. MR. COOPER NOTED THAT HE WOULD LIKE TO SEE THE HOUSE FINISHED. NO CERTIFICATE OF OCCUPANCY CAN BE ISSUED UNTIL THIS IS RESOLVED. ALL SURROUNDING PROPERTY OWNERS WERE NOTIFIED OF THE PUBLIC HEARING AND NOBODY WAS AT THE MEETING TO OBJECT. MR. COOPER RECOMMENDED THAT THE VARIANCE BE GRANTED. MOTION BY MR. STEPHENSON, SECONDED BY MR. SHIELDS, TO GRANT A VARIANCE FOR LOT 5, BLOCK 306, SEBASTIAN HIGHLANDS UNIT 10, TO ALLOW A STRUCTURE TO REMAIN WHICH ENCROACHES APPROXIMATELY 1 FOOT INTO THE REQUIRED 10 FOOT SIDE YARD SETBACK (SECTION 20A-3.4(D)(6) OF THE SEBASTIAN LAND DEVELOPMENT CODE). ROLL CALL: YES: MR. HUSK MR. STEPHENSON MR. SHIELDS ACTING CHAIRMAN HEINICKE NO: NONE MOTION CARRIED. CHAIRMAN'S MATTERS: ACTING CHAIRMAN MARY HEINICKE WELCOMED MR. HUSK AS A PERMANENT MEMBER OF THE BOARD OF ADJUSTMENT. THE SUBJECT WAS BROUGHT UP CONCERNING THE VACANT ALTERNATE POSITION ON THE BOARD, AND IF IT SHOULD BE ADVERTISED. THE BOARD SECRETARY HAS BEEN DIRECTED BY THE CITY CLERK TO'DO A PRESS RELEASE IN THE PAPER REGARDING THIS MATTER. THE RELEASE WILL BE IN THE PRESS JOURNAL WITHIN THE NEXT SEVERAL DAYS. PAGE 4 COMMITTEE MATTERS: NONE BUILDING OFFICIAL MATTERS: MR. COOPER ADVISED THE BOARD OF A NEW FENCE ORDINANCE WHICH IS TO BE APPROVED BY CITY COUNCIL THAT WILL GENERATE SOME MORE VARIANCES DOWN THE ROAD. CURRENTLY PLANNING AND ZONING MUST APPROVE FENCES WHICH ARE BETWEEN 6 AND 10 FEET IN HEIGHT. UNDER THE NEW FENCE ORDINANCE, THE BOARD OF ADJUSTMENT WILL BE ASKED TO APPROVE THESE FENCES. NEW BUSINESS: NONE THERE BEING NO FURTHER BUSINESS, MOTION TO ADJOURN WAS MADE BY MR. HUSK, SECONDED BY MR. SHIELDS. MOTION CARRIED. THE MEETING ADJOURNED AT 3:30 P.M.