HomeMy WebLinkAbout01101996aBOA City of Sebastian
1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 D 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.
City_ Council Present:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Mrs. Louise Cartwright
Mrs. Norma Damp (absent-excused)
Mr. Raymond Halloran
City Manager, Joel Koford
City Attorney, Clifton McClelland, Jr.
City Clerk, Kathryn 0'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 Corum - 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 20,,1-5. 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 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/Cartwright
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 Corem - aye
MOTION CARRIED 4-0
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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 197tereas the Code Requires
Such Carport to Be a Minimum of l O 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 from 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 amount 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.
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Board of Adjustment
January 10, 1996
Page Four
MOTION by Cartwfight/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 Corem - aye
Mrs. Cartwright - 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 Com~Cartwfight
Based on not being able to fred any fmdings 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.
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Board of Adjustment
January 10, 1996
Page Five
ROLL CALL:
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
aye
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 Fin/on - aye
Vice Mayor Corem - nay
Mrs. Cartwright - 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.
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Board of Adjustment
January 10, 1996
Page Six
.?
Approved at the ~-/~7~ /c// , 1996, Board of Adjustment
Meeting.
Arthur L. Firtion, Mayor
Ka~~O'H~ilIoran~MC/AAE
City Clerk
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