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HomeMy WebLinkAbout03031998BOA CITY OF SEBASTIAN BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING MARCH 3, 1998 Chmn. Devito called the meeting to order at 7:07 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Chmn. Devito Louis Nicolini, Sr. Keith Miller(a) EXCUSED ABSENCE: Gregory Gore ALSO PRESENT: VChmn. Crockett Clive Beckwith(a) James Schmitz Robert Massarelli, Community Development Director Ann Brack, Recording Secretary VChmn. Crockett - yes Clive Beckwith - yes James Schmitz - yes ANNOUNCEMENTS: None APPROVAL OF MINUTES: (2/3/98) MOTION by Beckwith/Crockett I move we approve the minutes of the last meeting. Roll call: Chmn. Devito - yes Louis Nicolini, Sr. - yes Keith Miller(a) - yes The vote was 6 - 0. Motion camed. OLD BUSINESS: A. RICHARD AND JODI FEY, in regards to property located at 806 Indian River Drive - requesting a variance to allow a structure to have a zero foot (0') rear yard setback, whereas the Code requires a 15 foot rear yard setback; and to have a zero foot (0') side yard setback. The applicant also wishes to reduce the green area for the property to Zero Percent (0%), whereas the code requires the green area to be 25 percent (25%). Chmn. Devito read the procedures for the hearing and opened the public heating at 7:15 pm. Mr. Bruce Cooper, Brace Cooper Consulting, was present representing the applicant. He gave a history of the site including the deck/dock, and flood zone requirements. He continued with his BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF MARCH 3, 1998 presentation and mentioned that the applicant wants to have low-key entertainment on this deck/dock which has 2,136 square feet of space Mr. Cooper also mentioned the question of the proper zoning classification for this site. He mentioned having occasional entertainment on this deck/dock, and installing a wind-break. He addressed all of the conditions in the staff report. Mr. Nicolini asked if the deck/dock is being used now, and Mr. Cooper responded - yes, it is. It was noted that Mr. Fey has a special use permit, at present, for using the deck/dock, but this permit, approved by City Council, prohibits music. Mr. Massarelli asked Mr. Cooper several questions about north, east, and south setbacks, based on the formboard survey. The special use permit was discussed. At this point, Mr. Massarelli welcomed the new members to the Board, and made staff presentation. He gave information on the zoning along the riverfront, noting that it is being called "GMC". He then went through the items in the staff report as they pertained to the site plan and the proposed variance, and referred to different sections of the Code. He noted that the original approved site plan was for a floor elevation of approximately seven (7) feet, but when the building was under construction, it was raised to nme (9) feet to meet FEMA regulations for flood insurance. At that point, the applicant requested to elevate the original grade-level deck, and after much consideration, it became a dock and the applicant agreed~ He gave further information on issues contained in the file for this project. He urged the Board to list conditions if they determine to grant this variance. Mr. Cooper responded to Mr. Massarelli's presentation. Mr. Joe Graham, 805 Indian River Drive, Sebastian, was present and noted that he is the closest land owner to this property, across the street. He noted that he agreed with the previous decision made by City Council, and he does not want a band out on the deck. He noted that if music is allowed on this deck/dock, he will appeal it. Ms. Debra Hoya, 805 indian River Drive, Sebastian, was present and stated that she is involved in the ownership of the Angler Inn. She suggested that the Fey property is for sale, and obtaining this variance could enhance the sale. A break was taken at 9:05 pm. All members previously present returned at 9:10 pm. There was discussion on the construction of the deck/dock. Staff noted that this structure was not built to the specifications in the drawings that were submitted. He explained how the structure should have been built. It was determined that, as the structure (deck/dock) now sits, a retractable awning may be used. Staff noted that the applicant's other remedies have not been exhausted, therefore the variance should not be granted. BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF MARCH 3, 1998 In answer to a question by Mr. Schmitz, staff responded that the special use permit runs with the land, and may be rescinded by City Council. Mr. Cooper gave more presentation. Chmn. Devito reminded all present of the action applied for by the applicant. There was more discussion about a special use permit versus a variance. Mr. Crockett asked if granting this variance would make the property more valuable. There was discussion on this issue. Chmn. Devito closed the public hearing at 9:36 pm. Board members discussed this item. MOTION by Crockett/Schmitz I'd like to make a motion to not approve the variance, based on all of the staff recommendations. Roll call: Chmn. Devito - No VChmn. Crockett - Yes Louis Nicolini, Sr. - Yes Clive Beckwith(a) - Yes James Schmitz - Yes The vote was 4 - 1. Motion carried. NEW BUSINESS: A. AMERON HOMES, INC., in regards to Lot 20, Block 113, Sebastian Highlands Unit 2, is requesting a variance to allow a septic system within the rear yard, whereas the code requires the septic system to be placed in a front or side yard. Applicant is also requesting a variance to allow a well in the front yard, whereas the code would require the well to be located within either the portion of the side yard that is not forward of the front building line, or within the rear yard. Mr. Miller pointed out an error in the address on the staff report. It was noted and corrected. Mr. Massarelli gave staff presentation and recommended approval of the variance. Mr. Miller gave information on his visit to the site. Mr. Massarelli explained the interaction between the Health Department and the City in placing the well and septic. It was suggested by the Chairman to include verification from the Health Dept. in future packets. BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF MARCH 3, 1998 MOTION by Crockett/Beckwith I have a motion to approve based on the staffs recommendations. Roll call: Chmn. Devito - Yes Louis Nicolini, Sr. - Yes James Schmitz - Yes The vote was 5 - 0. Motion carried. The Chairman adjourned the meeting at 10:08 pm. VChmn. Crockett Clive Beckwith(a) - Yes - Yes (3/16/98AB) 4 City of Sebasfia_n 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 'r~,~,~ONE (5~1)589-S53z [] FAX (5~1)589-25~ BOARD OF ADJUSTMENT RO'NALD DEViTO, CHAIRpER/SON A~NN BP, ACK, SECRETARY BOACS.DOC