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HomeMy WebLinkAbout02261990BOACity 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 SPECIAL MEETING ON MONDAY, FEBRUARY 26, 1990, 3:00 P.M. IN THE CITY COUNCIL CHAMBERS. 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 1:3 SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 AGENDA BOARD OF ADJUSTMENT MONDAY, FEBRUARY 26, 1990 2. 3. 4. 5, 7. 8. 9. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OLD BUSINESS: PUBLIC HEARING: APPROVE dANUARY 2, 1990 MINUTES JOHN R. CHABAN IS REQUESTING A VARIANCE TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD. ALPER-ACOSTA IS REQUESTING A VARIANCE EXTENSION. CHAIRMANS MATTERS: COMMITTEE MATTERS: BUILDING OFFICIAL MATTERS: 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 13 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 SPECIAL PUBLIC HEARING MONDAY, FEBRUARY 26, 1990, 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 20.A-5.6. JOHN R. CHABAN, IN REGARDS TO LOT 8, BLOCK 196, SEBASTIAN HIGHLAND 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 HE APPEAL IS TO BE HEARD (286 0].05 T ' F.S.) ' ' PUBLISHED: FEBRUARY 9, 1990 FEBR[JARY 16, 1990 BOARD OF ADJUSTMENT "SPECIAL MEETING" FEBRUARY 26, 1990 - 3:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN MATTHEWS AT 3:00 P.M. THE PLEDGE OF ALLEGIANCE WAS LED BY CHAIRMAN MATTHEWS. ROLL CALL: PRESENT: GALE MATTHEWS, CHAIRMAN LOUIS PRIORE, VICE CHAIRMAN JOSEPH STEPHENSON WALTER SHIELDS MARY HEINICKE JAMES HUSK, ALTERNATE ABSENT: NONE ALSO PRESENT: BRUCE COOPER, DIR. OF COMMUNITY DEVELOPMENT RICHARD TORPY, CITY ATTORNEY OLD BUSINESS: THERE BEING NO ADDITIONS, DELETIONS OR CHANGES TO THE MINUTES OF THE REGULAR MEETING HELD JANUARY 2, 1990, AT 3:00 P.M., THE MINUTES ARE APPROVED. PUBLIC HEARING - JOHN R. CHABAN, IN REGARDS TO LOT 8, BLOCK 196, 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. JOHN CHABAN WAS PRESENT AT THE MEETING AND WAS ACCOMPANIED BY HIS ATTORNEY, GREGORY GORE. MR CHABAN STATED THAT HE PURCHASED THIS LOT IN SEPTEMBER 1987 WITH THE INTENT TO BUILD A HOME ON IT. THE LOTS ON EACH SIDE OF THIS LOT WERE VACANT AT THAT TIME. HE WAS NOT AWARE OF THE DRAINFIELDS WHICH WERE ALREADY IN EXISTENCE ON THE THREE LOTS TO THE REAR OF HIS LOT. MR. CHABAN APPLIED FOR A MORTGAGE TO BUILD ON THIS LOT AND WAS GRANTED THE MORTGAGE. HE NOTED THAT THE BANK IS HOLDING A GREAT SUM OF HIS MONEY SINCE LAST SEPTEMBER WHEN HE CLOSED THE MORTGAGE AT THE BANK. MR. CHABAN HAS BEEN TRYING TO GET HIS HOUSE BUILT ON THIS LOT SINCE LAST AUGUST AND HAS SUBMITTED VARIOUS PLANS FROM THE HEALTH DEPARTMENT AND FROM PAGE 2 THE BUILDER (HIGHLAND HOMES, MR. SCOTT SILVA). THE PLANS HE SUBMITTED TO THE HEALTH DEPARTMENT WERE ALL DENIED AND THE REQUEST FOR A VARIANCE TO PLACE THE SEPTIC AND DRAINFIELD IN THE REAR YARD, WHICH WENT BEFORE THIS BOARD IN DECEMBER OF 1989 WAS ALSO DENIED. MR. CHABAN IS SUBMITTING A NEW PLAN FOR THE BOARD'S REVIEW WHICH HAS BEEN APPROVED BY THE HEALTH DEPARTMENT OF INDIAN RIVER COUNTY. THE BOARD MEMBERS WERE PROVIDED WITH COPIES OF THE PROPOSED PLAN ALONG WITH THE APPROVED PERMIT FROM THE HEALTH DEPARTMENT. AFTER MR. CHABAN OBTAINED HIS MORTGAGE, HE SOLD HIS RESIDENCE AND HIS FAMILY HAS MOVED INTO A SMALL TWO-BEDROOM APARTMENT WITH THE UNDERSTANDING THAT HIS HOUSE WAS TO BE STARTED IN SEPTEMBER AND FINISHED IN DECEMBER. AT THIS TIME HE IS STILL WAITING FOR APPROVAL OF A PERMIT TO START BUILDING THE HOME AND FEELS THAT THIS HAS CAUSED QUITE A HARDSHIP ON HIMSELF AND HIS FAMILY. MR. GORE STATED THAT THE LAST APPLICATION CONCERNING THIS LOT WAS REFUSED BY THE BOARD WITH ONE OF THE PRIMARY REASONS BEING A REQUIREMENT TO HAVE MR. & MRS. WETHERINGTON ON LOT 7, BLOCK 196 MOVE THEIR WELL LOCATED IN THE REAR OF THEIR PROPERTY TO THE FRONT OF THE PROPERTY OWNED BY MR. CHABAN. THIS WOULD HAVE REQUIRED THE DRAFTING OF EASEMENTS IN ORDER TO PLACE TWO WELLS IN FRONT OF THE PROPERTY. THE OWNER OF LOT 9, BLOCK 196 WILL ALSO BE IN A SIMILAR SITUATION BECAUSE OF THE REAR DRAiNFIELDS ON LOTS 11 AND 12, BLOCK 196. IT WAS ALSO NOTED BY MR. GORE THAT THE WELL ON LOT 7, BLOCK 196 IS WITHIN THE 75 FOOT RADIUS OF EXISTING DRAINFIELDS LEADING TO POTENTIAL POLLUTION PROBLEMS. HOWEVER, THE PROPOSED LOCATION OF THE DRAINFIELD FOR MR. CHABAN WILL NOT BE WITHIN THAT DISTANCE. MR. GORE STATED THAT THERE ARE SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH DO NOT RESULT FROM MR. CHABAN'S ACTIONS. THE OTHER DRAINFIELDS WERE PUT IN PRIOR TO HIS PURCHASE OF THE PROPERTY. HE DOES NOT FEEL THAT THE VARIANCE WILL CONFER UPON HIM ANY SPECIAL PRIVILEGE AND HE IS NOT SEEKING TO DO ANYTHING WHICH HAS NOT BEEN DONE BY OTHERS IN THE IMMEDIATE VACINITY. HE BELIEVES THAT THE LITERAL INTERPRETATION OF THE PROVISIONS OF THE LAND DEVELOPMENT CODE WOULD DEPRIVE HIM OF THE RIGHT TO BUILD ANY STRUCTURE WHATSOEVER ON HIS PROPERTY. PAGE 3 THERE IS JUST NO OTHER MANNER IN WHICH A HOUSE CAN BE CONSTRUCTED UPON IT. HE CERTAINLY DID NOT BUY THE PROPERTY ON THE PROPOSITION THAT HE WOULD EVENTUALLY BUILD A COMMUNITY PARK THERE. IN A REVIEW OF PAST CASES BEFORE THIS BOARD, IT WAS NOTED BY MR. GORE THAT MANY SUCH CASES HAVE BEEN APPROVED. (CASES IN POINT WERE 89.002, 89.003, 89.004, 89.005, AND 90.001.) IT WAS ALSO POINTED OUT THAT THE HEALTH DEPARTMENT HAS APPROVED THE PROPOSED PLAN BY MR. CHABAN AND THAT MR. COOPER IS NOT OBJECTING TO THIS PLAN. CHAIRMAN MATTHEWS POINTED OUT THAT THE ORIGINAL PLAN WHICH THE BOARD TURNED DOWN BEFORE INVOLVED MOVING THE WELL ON LOT 7 TO LOT 8. THIS WOULD HAVE CREATED MANY MORE PROBLEMS INVOLVING EASEMENTS, ETC. THIS NEW PROPOSAL SEEMS TO BE A LITTLE MORE AFFLUENT WITH THE REST OF THE DECISIONS THAT HAVE BEEN MADE ON THE VARIANCE BOARD. MR. PRIORE WAS CONCERNED THAT GRANTING THE VARIANCE FOR LOT 8, BLOCK 196 WOULD CREATE PROBLEMS FOR LOT 9 AND FORCE THEM TO SEEK A VARIANCE ALSO. MR. GORE POINTED OUT THAT LOT 9 ALREADY HAS AN EXISTING PROBLEM NOW AND WOULD STILL NEED A VARIANCE TO BUILD EVEN IF LOT 8 REMAINS VACANT. THIS IS BECAUSE OF THE DRAINFIELDS IN THE REAR ON LOTS 12 AND 11. MRS. HEINICKE ASKED IF LOT 9 WAS A CORNER LOT AND IT WAS INDICATED THAT LOT 10 IS A CORNER LOT. MR. COOPER INDICATED THAT HE WOULD LIKE TO SEE THE PROPOSED WELL ON LOT 8 MOVED AS CLOSE TO LOT 7 AS COULD BE PERMITED TO LIMIT THE IMPACT THIS WOULD HAVE ON LOT 8. MR. CHUCK SILVA, REPRESENTING HIGHLAND HOMES, STATED THAT THE LOCATION OF THE PROPOSED WELL ON LOT 8 WAS SPECIFICALLY LOCATED BY THE HEALTH DEPARTMENT. HE ALSO INDICATED THAT THEY PROPOSED TO PUMP OUT THE SEPTIC TANK ON LOT 12 AND PUT IN 50 NEW SQUARE FEET OF DRAINFIELD PERMITTING THEM TO PUT THE WELL ON LOT 8 IN THE REAR. HOWEVER, THE OWNERS OF LOT 12 REFUSED THIS OFFER. MR. SILVA ALSO DISCUSSED THE MININIMAL IMPACT THIS LAYOUT WOULD HAVE ON THE LOT DIRECTLY ACROSS QUARRY LANE. MR. COOPER POINTED OUT THAT THE PRIOR REQUEST FOR A VARIANCE INVOLVED MOVING THE WELL ON LOT 7 OVER TO LOT 8. HOWEVER, THIS REQUEST DOES NOT INVOLVE LOT 7. PAGE 4 MR. ALLEN WATTERS, ENVIRONMENTAL SPECIALIST WITH THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, WAS PRESENT AND ADDRESSED THE BOARD. HE POINTED OUT THAT LOT 9 WiLL ALSO NEED A VARIANCE TO PLACE THE SEPTIC IN THE REAR YARD DUE TO EXISTING CONDITIONS AND NOT AS A RESULT OF THIS VARIANCE REQUEST. MR. PRIORE STATED FOR THE RECORD THAT HE IS OPPOSED TO GRANTING A VARIANCE FOR A REAR SEPTIC WHICH WILL CAUSE THE OTHER PROPERTY OWNERS TO ALSO NEED A VARIANCE. MRS. HEINICKE POINTED OUT THAT THiS IS GOING TO HAPPEN AND ITS GOING TO END UP SOMEDAY WITH SOME LOT UNBUILDABLE BECAUSE OF THIS SITUATION. MR. WATTERS ALSO STATED THAT SEBASTIAN'S ORDINANCE IS A VERY GOOD ONE. WITHOUT THAT STANDARD PLACEMENT OF SEPTIC SYSTEMS iN THE FRONT, EACH BUILDER WOULD PLACE THEM ANYWHERE AND MANY MORE LOTS WOULD BECOME UNBUILDABLE. MORE OF THESE PROBLEMS ARE OCCURING ON THE NORTH SIDE OF 512 BECAUSE HOMES WERE BUILT IN THAT AREA BEFORE THE ORDINANCE WAS IN EFFECT. WHEN PUBLIC WATER IS AVAILABLE, MANY OF THESE PROBLEMS WILL BE SOLVED. CHAIRMAN MATTHEWS AGAIN MENTIONED THAT THIS VARIANCE REQUEST NO LONGER INVOLVES LOT 7 AS IT HAD iN THE PAST. MR. PRIORE ASKED IF THERE WAS ANY WAY TO ALLEVIATE THE OWNER OF LOT 9 FROM COMING BEFORE THE BOARD TO REQUEST A VARIANCE WHEN HE IS READY TO BUILD. MRS. HEINICKE REPLIED THAT THIS WAS NOT POSSIBLE UNLESS EVERYONE ELSE ASKING FOR A VARIANCE FOR A REAR SEPTIC WAS EXCUSED ALSO. CITY ATTORNEY RICHARD TORPY DID POINT OUT THAT LOT 8 WISHES TO BUILD NOW AND WITHOUT THIS VARIANCE HE CANNOT. THE SiTUATiON CONCERNING THE FUTURE OF LOT 9 SHOULD NOT BE ADDRESSED AT THIS TIME. MR. PRIORE ASKED ABOUT THE LAST REQUEST FOR VARIANCE (90.001) WHICH INVOLVED THE OWNERS OBTAINING UNITY OF TITLE TO ADJACENT LOTS WITH THE CONDITION ATTACHED THAT IT WOULD NOT BE RELEASED UNTIL PUBLIC WATER AND/OR PUBLIC SEWER WAS AVAILABLE. THIS WAS A UNIQUE SITUATION BECAUSE SEVERAL LOTS WERE OWNED BY BROTHERS WHO HAD NO INTENT TO BUILD OR SELL THE UNDEVELOPED LOTS. PAGE 5 MOTION BY MR. STEPHENSON, SECONDED BY MRS. HEINICKE TO GRANT THE VARIANCE IN REGARDS TO LOT 8, BLOCK 196, SEBASTIAN HIGHLANDS UNIT 10 TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD, WHEREAS THE ORDINANCE REQUIRES THE PLACEMENT OF SUCH FACILITIES IN THE FRONT OR SIDE YARD. ROLL CALL: YES: CHAIRMAN MATTHEWS MR. STEPHENSON MR. SHIELDS MRS. HEINICKE NO: VICE CHAIRMAN PRIORE MOTION CARRIED. PUBLIC HEARING - ALPER-ACOSTA IS REQUESTING A VARIANCE EXTENTION. MR. MATTHEWS ASKED iF THIS WASN'T GRANTED AN EXTENSION ONE TIME ALREADY. MR. COOPER STATED THAT THE ORIGINAL VARIANCE HAD EXPIRED AFTER A SIX MONTH PERIOD. FOLLOWING THAT, HE HAD TO REAPPLY AND OBTAIN A NEW VARIANCE. NOW MR. ALPER IS REQUESTING AN EXTENSION OF THE LAST VARIANCE FOR A PERIOD OF SIX MONTHS WHICH IS PERMISSABLE IN THE CODE PROVIDING HE REQUEST THAT EXTENSION BEFORE THE TIME FRAME EXPIRES. HE MADE THE REQUEST ON THE LAST DAY. MR. SHIELDS ASKED IF MR. ALPER DID IN FACT OWN THE PROPERTY. MRS. HEINICKE NOTED FROM HIS LETTER REQUESTING THE EXTENSION THAT HE DID JUST CLOSE ON THE PROPERTY. MOTION BY MR. STEPHENSON, SECONDED BY MRS. HEINICKE TO GRANT A SIX MONTH EXTENSION ON THE EXISTING VARIANCE FOR ALPER- ACOSTA. ROLL CALL: YES: CHAIRMAN MATHHEWS VICE CHAIRMAN PRIORE JOSEPH STEPHENSON MARY HEINICKE NO: WALTER SHIELDS MOTION CARRIED. PAGE 6 CHAIRMAN'S MATTERS: NONE BUILDING OFFICIAL MATTERS: NEW BUSINESS: NONE NONE THERE BEING NO FURTHER BUSINESS, MOTION TO ADJOURN WAS MADE BY MRS. HEINICKE, SECONDED BY MR. STEPHENSON. MOTION CARRIED. THE MEETING ADJOURNED AT 3:57 P.M.