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HomeMy WebLinkAbout03011988BOAL. Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 589-5330 Kathryn M. O'Halloran City Clerk AG~NRA BOARD OF ADJUSTMENT TU. ESDAY MARCH 1, 1988 - 3:00 CITY COUNCIL CHamBERS 1225 MAIN STREET, ~EBASTIAN, FLQRIDA 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. OLD BUSINESS~ - Approve February 2, 1988 Minutes 5. PUBLIC HEARING- Alper-Acosta Development Inc. Request for Rear Setback Variance 6. CHAIRMANS MATTERS 7. CQMMITTEE MATTERS 8. NEW BUSINESS; 9. 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. L. Gene Harris Mayor City o.1 Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 589-5330 Kathryn M. O'Halloran City Clerk MINUTES BOARD OF ~ENT MARCH 1, 19~ -- 3:00 p.M. 1225 M~IN STREET~ BA~ FLORIDA Acting Chairman Priore called the meeting to order at 3:02 P.M. ROLL CALL Present: Walter Shields Gale Matthews Mary Heinicke Louis Priore, Acting Chairman Excused: Joseph Stephenson, Chairman Also Present: Bruce Cooper, Building Official Thomas Palmer, City Attorney 3. Acting Chairman Priore led the Pledge of Allegiance. 4. APPROVAL OF MINUTES - Minutes of February 2, 1988 MOTION Heinicke/Matthews I move we accept the minutes of February 2, 1988 as presented. Voice Vote unanimous Motion carried. 5. PUBLIC HEARJ~N/~ Acting Chairman Priore opened the Public Hearing at 3:10 P.M. by explaining that Alpher-Acosta Development Inc. were requesting a rear setback variance. Bruce Cooper explained the exact location of the property in question to the Board members. He also presented photographs of the property. Mr. Priore asked that the Alpher-Acosta representative come to the podium and state their case. Mr. John Alpher stated that the property is zoned CL (Commercial Limited), and that the irregular shape of the property being at its greatest depth 150 feet, narrowing to approximately 30 feet, created a promblem of developing the property per its zoning. Mr. Alpher referred to a diagram of a standard commercial building meeting all codes with only one limitation, that being the building face the highway and have sufficent parking. He explained that the architect had tried several ways to stay within the code on parking and setbacks, but found that it was not possible. In order to meet the codes the building would only be approximately 30 feet in depth, which is not functionable. Mr. Alpher stated that the compromise solution he and his architect had found was a two story building with the first floor into the rear setback, the second story to be out at least the 30 feet required. The first floor would be buffered by land. The only other alternative would be a backward building with parking 10 feet from the residents. Attorney Palmer questioned what surface would be used for the backside of the building to make it aesthetically pleasing from the residents viewpoint. Mr. Alpher explained that he could not answer specifics as he was not the architect and the actual plans had not been drawn up. He stated that he felt sure that something could be worked out. A lengthy discussion followed concerning the dimensions of the building and possible alternatives. Attorney Burney Carter on behalf of Mr. and Mrs. Edward Karr, adjacent property owners, stated they felt that going from a 30 foot requirement to a 10 foot setback was just too much of a concession to the builder. He also presented the Board with a petition of objection from residential property owners bearing 19 signatures. Attorney Carter questioned if residents giving up the entire 20 feet was in fact a necessity or just to maximize the square footage for economic benefit . Could they not use 15 feet instead of the 20 feet allowing for a more reasonable compromise. Mr. Cooper questioned Mr. Carter as to whether or not the residents were aware of the alternatives which possibly could be more detrimental. Mr. Carter stated that he did'nt think anyone had known about other alternatives being discussed. Mr. Ellis Stapleton, an adjacent property owner, stated that he would have no objection to a building like the Sandridge Property with a swell and a retension pond for drainage. But was strongly opposed to the proposed encroachment. Mr. Cooper explained that they would be required to conform to drainage codes. If they can't, they would be stopped. Ms. Charlene Smith, representing the owners of the property in question, Mr. & Mrs. Jack Harrington and Mr. and Mrs. Clarence Woolford, stated they had purchased the property prior to most of the codes used today in Sebastian. They purshased the property with the thought that it could be used for anything from multi-family to small clusters to commercial. Mrs. Smith further stated that she is a commercial agent and has been for 19 years. She went on to say that the problem with selling this property was the odd shape and that Alpher-Acosta has not purchased this property and could walk away with very little hardship, but the owners would again be stuck with this property as they had been stuck for the past twelve years. Mr. Prior asked that Mr. Alpher work with his architect to come up with more information such as dimensions and to try to go to the minimum variance possible and bring this back to the Board at a later meeting. Mr. Alpher agreed to work with his architect and staff to get this information and welcomed Attorney Carter and any interested parties to take part in this plan. Bruce Cooper stated that the next scheduled Board of Adjustment meeting is April 5, 1988, at 3:00 P.M. March 29th being the deadline for additional information for that meeting. MOTION Shields/Heinicke I move we continue this meeting on April 5, 1988, at 3:00 P.M. Walter Shields Gale Matthews Mary Heinicke - Yes - Yes - Yes Louis Priore Motion carried 6. NEW~ The meeting was adjourned at 4:25 P.M. - Yes