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HomeMy WebLinkAbout01101996BOA City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589-5570 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, JANUARY 10, 1996 6:30 P.M. Mayor Firtion called the Board of Adjustment meeting to order at 6:30 p.m. ROLL CALL: Ci_ty Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwfight Mrs. Norma Damp (absent-excused) Mr. Raymond Halloran City Manager, Joel Koford City Attorney, Clifton McClelland, Jr. City Clerk, Kathryn O'Halloran Zoning Technician, Jan King Deputy City Clerk, Sally Maio OLD BUSINESS: APPROVE MINUTES OF OCTOBER 25, 1995 MEETING MOTION by Cartwright/Halloran I move to approve the minutes of October 25, 1995. ROLL CALL: Vice Mayor Corem - aye Mrs. Cartwright - aye Mrs. Damp - absent Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 Board of Adjustment January 10, 1996 Page Two 4. NEW BUSINESS: PUBLIC HEARING: James T. Franklin and Beverly Jane Franklin, in Regard to Lot 11, Block 5, Sebastian Highlands Unit 1, Are Requesting a Variance from Section 20A-5. 7(c)1 of the Sebastian Land Development Code to Place an Accessory Building 22.8 Feet from a Secondary Front Yard Lme, Whereas the Code Would Require the Building to Be Placed 3 7. 8 Feet from the Secondary Front Yard Line. The City Attorney swore in all those who intended to offer testimony on the variance request. The Zoning Technician presented the variance request to place a shed on an existing slab in a secondary front yard on a peculiarly shaped lot, noting that there is existing vegetation along the slab. James Franklin addressed City Council. J.W. Thompson, 125 Main Street, Sebastian, an adjacent property owner, recommended approval. MOTION by Halloran/Cam~ght In light of the circumstances in the specific design of the lot particularly with the encouragement of the neighbor who would be the abutting person, I move that we grant the variance requested. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - absent Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 4-0 2 Board of Adjustment January 10, 1996 Page Three PUBLIC HEARING: Robert and Darlene Fischer, in Regard to Lot 1, Block 414, Sebastian Highlands Unit 9, Are Requesting a Variance from Section 20a- 3.4(d)6(a) of the Sebastian Land Development Code to Allow a Structure to Be 16. 9 Feet from the Front Property Line, Whereas the Code Requires Such Structures to Be 25 Feet from a Front Property Line. The Applicants Also Requests a Variance from Section 20A-3.4(d)5 to Allow a Carport to Have a Minimum Clear Interior Space to 9 Feet in Width Whereas the Code Requires Such Carport to Be a Minimum of lO Feet. The City Attorney swore in all those who intended to offer testimony on the variance request. The Zoning Technician presented the variance request for the location of an extension to the front comer of the house, however, she noted it would not extend beyond the existing house which is currently 16.9 feet from the property line, and to convert the garage to living space and construct a carport of nine foot width. Robert Fischer said he will be erecting a fence. The Zoning Technician said one letter of objection from a surrounding property owner had been received and distributed prior to the meeting. Janet Cart, 807 Schumann Drive, Sebastian said the mount of concrete for the proposed drive will visually impact the neighborhood and inquired about the exact location of the concrete pad. Mr. Fischer located the proposed pad from the house to six inches in from the property line. Vice Mayor Corum questioned the placement of concrete in the drainage easement, to which the Zoning Technician responded that the applicant is allowed to do this with the concurrence of the five utilities and engineering and a provision that access to the easement could be obtained if needed. She said that this was not part of the variance request and noted that there are no records in the Building Department for this house. Mr. Fischer said the house was approximately 30 years old. Board of Adjustment Sanual~ 10, 1996 Page Four MOTION by Cartwright/Halloran I move because of the existing configuration of the residence on the lot that we grant the variance for the structure to be 16.9 feet from the front property line. The City Attorney swore in Keith Miller, who cautioned City Council about allowing conversion of garages without changing the outside appearance. ROLL CALL: Mrs. Damp - absent Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwfi~t - aye MOTION CARRIED 5-0 TAPE I - SIDE II (7:00 p.m.) Janet Cart said the proposed carport faces the Clark residence. Robert Fischer said he intended to close in the carport. Mr. Miller again addressed Council. MOTION by Corum/C~ght Based on not being able to fmd any findings of facts, I move to deny this variance request. The Zoning Technician reiterated that the concrete pad in the easement was allowable with the concurrence of utilities and is not a part of the variance request. 4 Board of Adjustment January 10, 1996 Page Five ROLL CALL: Mr. Halloran Mayor Firtion Vice Mayor Corem Mrs. Cartwright Mrs. Damp - nay - aye - nay - absent MOTION TIED - NO VOTE MOTION by Cartwright/Firtion I move to approve it based on the criteria that the home was built prior to our present code being in existence and the location of the home, I think we have grounds to approve. ROLL CALL: Mayor Firtion - aye Vice Mayor Corum - nay Mrs. CammSght - aye Mrs. Damp - absent Mr. Halloran - nay MOTION TIED - NO VOTE 5. CHAIRMAN'S MATTERS None. 6. MEMBERS' MATTERS None. 7. STAFF MATTERS None. Being no further business, Mayor Firtion adjourned the Board of Adjustment meeting at 7:30 p.m. 5 Board of Adjustmem January 10, 1996 Page Six Approved at the Meeting. ,1996, Board of Adjustment Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 6 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PUBLIC MEETING CITY OF SEBASTIAN 1225 ~IN STREET INDIAN RIVER COUNTY FI~RIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD A MEETING ON JANUARY 10, 1996, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS. KATHRYN M. O'HALLORAN CITY CLERK CiTY OF SEBASTIAN, FLORIDA NOTE: 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.) 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 (407) 589-5330 ALP LEAST 48 HOURS IN ADVANCE OF THE MEETING. City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, JANUARY 10, 1996 6:30 1. CALL TO ORDER 2. ROLL CALL 3. OLD BUSINESS: APPROVE MINUTES OF OCTOBER 25, 1995 MEETING NEW BUSINESS: PUBLIC HEARING: JAMES T. FRANKLIN AND BEVERLY JANE FRANKLIN, IN REGARDS TO LOT 11, BLOCK 5, SEBASTIAN HIGHLANDS UNIT 1, ARE REQUESTING A VARIANCE FROM SECTION 20A-5·7(C)1 OF THE SEBASTIAN LAND DEVELOPMENT CODE TO PLACE AN ACCESSORY BUILDING 22.8 FEET FROM A SECONDARY FRONT YARD LINE, WHEREAS THE CODE WOULD REQUIRE THE BUILDING TO BE PLACED 37.8 FEET FROM THE SECONDARY FRONT YARD LINE. PUBLIC HEARING: ROBERT AND DARLENE FISCHER, IN REGARDS TO LOT 1, BLOCK 414, SEBASTIAN HIGHLANDS UNIT 9, ARE REQUESTING A VARIANCE FROM SECTION 20A-3.4(D)6(A) OF THE SEBASTIAN LAND DEVELOPMENT CODE TO ALLOW A STRUCTURE TO BE 16.9 FEET FROM THE FRONT PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURES TO BE 25 FEET FROM A FRONT PROPERTY LINE. THE APPLICANTS ALSO REQUEST A VARIANCE FROM SECTION 20A-3.4(D)5 TO ALLOW A CARPORT TO HAVE A MINIMUM CLEAR INTERIOR SPACE OF 9 FEET IN WIDTH WHEREAS THE CODE REQUIRES SUCH CARPORT TO BE A MINIMUM OF 10 FEET. 5. CHAIRMAN'S MATTERS 6. MEMBERS' MATTERS 7. STAFF MATTERS 8. 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 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 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 JANUARY 10, 1996, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTIONS 20A-5.7(C)1 OF THE SEBASTIAN LAND DEVELOPMENT CODE. JAMES T. FRANKLIN AND BEVERLY JANE FRANKLIN, IN REGARDS TO LOT 11, BLOCK 5, SEBASTIAN HIGHLANDS UNIT 1, IS REQUESTING A VARIANCE TO PLACE AN ACCESSORY BUILDING 22.8 FEET FROM A SECONDARY FRONT YARD LINE, WHEREAS THE CODE WOULD REQUIRE THE BUILDING TO BE PLACED 37.8 FEET FROM THE SECONDARY FRONT YARD LINE. KATHRYN M. O'HALLORAN 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.) 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 (407) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. PUBLISHED: DECEMBER 26, 1995 JANUARY 2, 1996 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 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 JANUARY 10, 1996, AT 6:30 P.M. IN THE CiTY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-3.4(D)6(A) AND SECTION 20A-3.4(D)5 OF THE SEBASTIAN LAND DEVELOPMENT CODE. ROBERT AND DARLENE FISCHER, IN REGARDS TO LOT 1, BLOCK 414, SEBASTIAN HIGHLANDS UNIT 9r ARE REQUESTING A VARIANCE TO ALLOW A STRUCTURE TO BE 16.9 FEET FROM THE FRONT PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURES TO BE 25 FEET FROM A FRONT PROPERTY LINE. THE APPLICANTS ALSO REQUEST A VARIANCE TO ALLOW A CARPORT TO HAVE A MINIMUM CLEAR INTERIOR SPACE OF 9 FEET IN WIDTH WHEREAS THE CODE REQUIRES SUCH CARPORT TO BE A MINIMUM OF 10 FEET. KATHRYN M. O'HALLORAN 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. (286.0.1.05 F.S.) 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 (407) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. PUBLISHED: DECEMBER 26, 1.995 JANUARY 2, 1996 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 A G E N D A BOARD OF ADJUSTMENT WEDNESDAY, JANUARY 10, 1996 6:30 P.M. 6. 7. 8. CALL TO ORDER ROLL CALL-- ~O./V~L~L~ · OLD BUSINESS: APPROVE MINUTES OF OCTOBER 25, 1995 MEETING pUBLiC HEARING: :AMES T.~RAN~L:_~N/AND BEVERLY ~A~ ~ ~GARD~TO LOT~BLOCK 5, SEBASTIAN HIGHLANDS UNIT 1, ARE REQUESTING A VARIANCE FROM SECTION 20A-5.7(C)1 OF THE SEBASTIAN LAND DEVELOPMENT CODE TO PLACE AN ACCESSORY BUILDING 22.8 FEET FROM A SECONDARY FRONT YARD LINE, WHEREAS THE CODE WOULD REQUIRE THE BUILDING TO BE PLACED 37.8 FEET FROM THE SECONDARY FRONT PUBLIC HEARING: ~ AND DARLENE PISCHE~ IN REGARDS~ ~ ~, ~AST~ .IGH~~IT ~, ~ REQUESFING A VARIA CE FROM SECT'ON 20A-3.4(D)6(A) OF THE SEBASTIAN LAND DEVELOPMENT CODE TO ALLOW A STRUCTURE TO BE 16.9 FEET FROM THE FRONT PROPERTY LINE, WHEREAS THE CODE REQUIRES PROPER~Y nINE. THE APPLICANTS ALsO REQUEST A VARIANCE MINIMUM CLEAR INTERIOR SP ' ' ' TH~ COD~ :EQO~:ES SUCH C~ePO~T. TO SS A ~NIm~M ITEM N ROLL CALL 1 Vice Mayor Corum~ Mrs. Cartwright ~ Mr. Halloran Mayor Firtion / ITEM NO.~, ROLL CALL~ Mrs. CartWright ~ Mrs. Damp Mr. Halloran ~/~ Mayor Firtion 7 . Vice Mayor Corum ~ ~ITEM NO. Mrs. Damp / . Mr. Halloran ~/ Mayor Firtion ~ / Vice Mayor Corum ~/ Mrs. Cartwright ~ ROLL CALL 4 Mr. Halloran '~ Mayor Firtion ~ vice Mayor Corumt~/ Mrs. Cartwright Mrs. Damp Vice Mayor CorumJ~' Mrs. Cartwright~/'~ . Mr. Halloran ~ ITEM NO. ROLL CALL ! vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion ITEM NO. ROLL CALL Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion vice Mayor Corum iTEM NO. ~OLL CALL 3 Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright ITEM NO. ROLL CALL 4 Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright Mrs. Damp ITEM NO. ROLL CALL 5 Mayor Firtion vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran ITEM NO. ROLL CALL Vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion ITEM NO. ROLL CAL____~L~ Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum ITEM NO. ROLL CALL Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright ITEM NO. pOLL CALL 4 Mr. Halloran Mayor Firtion vice Mayor Corum Mrs. Cartwright Mrs. Damp ITEM NO. ROLL CALL Mayor Firtion vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran