HomeMy WebLinkAbout03131996BOA City of Sebastian
1225 MAIN STREET u SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
MINUTES
BOARD OF ADJUSTMENT
WEDNESDAY, MARCII 13, 1996
Mayor Firtion called the Board of Adjustment meeting to order at 6:45 p.m.
ROLLCALL:
City. Council Present:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Mrs. Louise Cartwright
Mrs. Norma Damp (6:49 p.m.)
Mr. Raymond Halloran
City Manager, Thomas Frame
City Attorney, Timothy Williams
City Clerk, Katluyn O'Halloran
Deputy City Clerk, Sally Maio
Zoning Teclmician, Jan King
OLD BUSINESS:
APPROVE MIN. UTES OF FEBRUARY 14,1996 MEETING
MOTION by Cartwright/Halloran
I move to approve the minutes of February 14, 1996.
ROLL CALL:
Vice Mayor Cormn - aye
Mrs. Cart~vright - aye
Mrs. Damp - absent
Mr. Halloran - aye
Mayor Firtion - aye
MOTION CARRIED 4-0
Board of Adjustment
March 13, 1996
Page Two
bIEW BUSINESS:
PUBLIC HEARING: Robert and Darlene Fischer, in Regards to Lot 1,
Block 414, Sebastian Highland~ Unit 9, are Requesting a Variance from
Section 20A-3.4(D)5 of the Sebastian Land Development Code to Allow a
Carport to Have a Minimum Clear Interior Space of 8. 5 Feet in Width
Whereas the Code Requires Such Carport to Have a Minimum Width often
Feet.
The Mayor announced the applicant would like a continuance to March 27,
1996.
MOTION by Cartwright/Halloran
I move that we continue the public hearing regarding Darlene and
Robert Fischer to Wednesday, March 27, 1996 at 6:30 p.m.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - absent
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
MOTION CARRIED 5-0
CHAIRMAN'S MATTERS
None.
MEMBERS' MATTERS
None.
2
Board of Adjustment Meeting
March 13, 1996
Page Three
STAFF MATTERS
The City Manager discussed the schedule and frequency for Board of
Adjustment meetings, recommended monthly meetings and requested
Council direction.
Mayor Firtion suggested trying to establish a separate Board of Adjustment
again. City Council agreed.
City Council concurred with monthly meetings.
Being no further business, Mayor Firtion adjourned the Board of
Adjustment meeting at 6:58 p.m.
Approved at the
,1996, Regular City Council Meeting.
Arthur L. Firtion
Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
3
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
PUBLIC N)TICE
CITY OF SEBASTIAN
1225 HAIN STREET
INDIAN RIVER COUNTY
FLORIDA
THE BOARD (DF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING
HARCH 13, 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)5 OF THE SEBASTIAN LAND
DEVELOPMENT CODE.
ROBERT AND DARLENE FISCHER, IN REGARDS TO LOT 1, BLOCK 414,
SEBASTIAN HIGHLANDS UNIT 9, ARE REQUESTING A VARIANCE TO
ALLOW A CARPORT TO HAVE A HINIHUM CLEAR INTERIOR SPACE OF 8.5
FEET IN WIDTH WHEREAS THE CODE REQUIRES SUCH CARPORT TO BE A
MINIMUH OF 10 FEET,
KATHRYN M. O'HALLORAN
CITY CLERK
T
CITY OF SEBAS..IAN
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 ']7HE
PROCEED.[NGS AND HAY NEED TO ENSURE THAT A VERBATIM RECORD OE
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.01[]5
F.S.)
IN COHP.LIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING
SHOUI,I) CONTACI' THE CITY'S ADA COORDINATOR AT (407) 589-5330
AT LEAST 48 HOURS iN ADVANCE OF THE MEETING.
P UBL, I SHED:
FEBRUARY 27, 1996
PIARC[-i 8, 1.996
PLEASE PRI NT OR TYt~I,;,'
Received on l- ~tt- ~/6~ Application No.
c i TY OF
APPt, I~Q_~ TO ~QARD Q~ ~
I hereby make application to the Board of Adjustment of the City
of Sebastian, Florida for a hearing to resolve the matter(s) as
stated.
Legal Description of Land in Issue:
Zoning Classification, ~3.--/~] Land Use ~- ~
This Application is for ~//' Variance(s), or Appeal(s) or
Special Exception. (Specify correct designation.)
SPECIFY ALL CODE PROVISIONS WHICH YOU ARE REQUESTING TO BE VARIED
OR THE DECISION OR DECISIONS OF THE BUILDING OFFICIAL THAT YOU
ARE APPEALING:
STREET ADDRESS OF PARCEL IN ISSUE:
I, LAILING ADDRESS OF APPLICANT:
PHONE NUMBER OF APPLICANT: ~/O '7-
IF ~P.LICANT IS OTIIER THAN I~CORD ~NER OF PARCEL ATTACH WRITTEN
AUTHORIZATION FROM OWNER TO SUBMIT THIS APPLICATION ON OWNER'S
BEHALF.
~DITIONAL COMMENTS:
Signature of Applicant Title of Applicant (if applicable)
Attac[~-T~q~6 ~s an ~5=E~Y~ation sheet outlining the Board's
procedures.
A fee of one hundred dollars ($100.00)~ must accompany this
Application.~ ~,[~
Approved Form ¢,~ }J_.
Resolution No
Dated:
WAIVER AND CoNsENT
I/We, the owner(s) of tile property located at
Sebast:ian, indian River County, Florida, (the "Property"), hereby
authorize ~1 and every member of tile
Board/CommisSion of the City of ~ebas~n ( the
,,Board',/"Commlssion") to physically enter upon the property and
view the Property in connection with my/our pending
(tile ',Proceeding").
I/We hereby waive any objection or defense I/we may have, due to
tile quasi-judicial nature of tile proceeding, resulting from any
Board/Conm~ission member entering or viewing the property, including
any claim or assertion that my/our procedural or substantive due
process rights under tile Florida Constitution or tile United States
Cons'tltut~on were violated by such entering or viewing.
This Waiver and Consent is being signed by me/us voluntarily and
not as a result of any coercion applied, or promises made, by any
employee, agent, contractor or official of tile City of Sebastian.
Dated this ~ _ day of ~~ ,
199
subscribed be.[oJ:e me this cQ V ~'~-~/ day of
and
~tarY ~bit~ '~ -r~ -
My Commission Expires:
..~",t~., KATHRYN A. NAPPI
~: ~, '~*~ MY COMMISSION ~ CC 2~406 EXPtRE8
~..~. ~ ' ~ Seplemher 20~ t~
SCHUMANN
( §0' RIGHT OF 'fi/AY )
ASPHALT PAVEMENT
DRIVE
9' GRASS AREA
N 89°57'1 5" E lO0.O0'P. ,'co,c.,,,A,,~
25.00' P,b- M,
R=25.00'
D =89o55'00"p.
A=39.23'
(D=89"53'50" M.)
LINE (N 89"51'18' E 75,01' M, )
LOT 1 ~
BLOCK 41 4
N 89057'15" E
100.00' P.
N 89"59'40" E /
99.92'M, ~, /
~N LOT 21
z ,RO,OS~O,,' ~'.~ "% '~ BLOCK 414
~g9°57~ "WIO0.O0~. x
~ ( N 8g'52'06' W 1~,35' M. )
N
~ CARPORT AREA
~X ~ EX~STING RESIDENCE
kOl 2
] /SOUTHWEST CORNER OF
~.~'..~M. ~/ ~o,,~.~o~,~ BLocK 414
PROPOSED SITE CHANGES
LEGAL DESCRIPTION:
LOT 1, BLOCK 414, SEBASTIAN HIGHLANDS, IJNIT 9 ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 3,6 AND 36A OF
THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, ,FLORIDA.
March 10th, 1995
City of Sebastian
Attention Mr. Frame
City Manager
We are c,n the agenda fc, r the March 13th Bc, ard c,f
Adjustment Meeting to, approve a variance fc, r a carpc, rt.
Due to a family illness we will nc, t be able tc, attend and
.are requesting tc, be heard c,n the next available Board c,f
Adjustment meeting.
Ye, ur cc, nsideratic, n in this matter will be greatly
appr e,: iated.
Rc, bert L. Fischer
Z87 Srhumann Drive
Sebastian, Florida 32'B58
407 -589-2944
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, MARCH 13, 1996
6:30 P.M.
1. CALL TO ORDER
2. ROLL CALL
3. OLD BUSINESS:
APPROVE MINUTES OF FEBRUARY 14, 1.996 MEETING
4. NEW BUSINESS:
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)5 Of' THE
SEBASTIAN LAND DEVELOPMENT CODE TO ALLOW A CARPORT TO
HAVE A MINIMUM CLEAR INTERIOR SPACE OF 8.5 FEET 1N WIDTH
WHEREAS THE CODE REQUIRES SUCH CARPORT TO HAVE 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 Tile APPEAL IS TO BE HEARD. (286.0105
F.$.)
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
'rHE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, WiLL CONDUCT A PUBLIC HEARING
MARCH 13, 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)5 OF THE SEBASTIAN LAND
DEVELOPMENT CODE.
ROBERT AND DARLENE FISCHER, IN REGARDS TO LOT 1, BLOCK 414,
SEBASTIAN HIGHLANDS UNIT 9, ARE REQUESTING A VARIANCE TO
ALLOW A CARPORT TO HAVE A MINIMUM CLEAR iNTERIOR SPACE OF 8.5
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 1S 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:
FEBRUARY 27, 1996
MARC}{ 8, 1996
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
PUBLIC MEETING
CITY Of SEBASTIAN
1225 MAIN STREET
INDIAN RIVER COUNTY
FLORIDA
THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, WILL HOLD A MEETING ON MARCH 1.3, 1996,
AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS.
CiTY CLERK
CITY OE 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
AT LEAST 48 HOURS IN ADVANCE OF THE MEETING.
ROLL CALL
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
ITEM NO.~ .... .~_~73~
ROLL CALL
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firfion
Vice Mayor Corum
ITEM NO.
ROLL CALL 1
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firfion
ITEM NO.
ROLL CALL 1
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
ITEM NO.
ROLL CALL 2
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Finion
Vice Mayor Corum
ITEM NO.
ROLL CALL 2
Mrs. Camvright
Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
ITEM NO.
ROLL CALL 3
Mrs. Damp
Mr. Halloran
Mayor Firfion
Vice Mayor Corem
Mrs. Cartwright
ITEM NO.
ROLL CALL
Mrs. Damp
Mr. Halloran
Mayor Firfion
Vice Mayor Corum
Mrs. Cartwright
ITEM NO.
ROLL 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 4
Mr. Halloran
Mayor Firfion
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
ITEM NO.
ROLL CALL 4
Mr. Halloran
Mayor Firfion
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 5
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
ITEM NO.
ROLL CALL 5
Mayor Firtion
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
City of Sebastian
1225 MAIN STREET [3 SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MEMORANDUM
DATE: March 12, 1996
TO:
FROM:
SUBJECT:
Honorable Members of City Council Acting As the Board of Adjustment
Thomas W. Frame, City Manager
Continuance of Proposed Board of Adjustment Meeting To Be Held On
March 13, 1996
As you know, there currently is scheduled a Board of Adjustment Meeting, to be held at 6:30
p.m., Wednesday, March 13, 1996. This meeting is to hear a request by petitioner, Mr.
Robert L. Fischer, 787 Schumann Drive, Sebastian, FL. Attached is a letter from Mr.
Fischer, received on Monday, March 11, 1996 indicating that due to a family illness that no
one will be able to attend the proposed meeting and the applicant has therefore requested a
continuation. After having discussed this matter with Mr. Tim Williams, rewlm~enting the
City Attomey's Office, it is suggested that the Board meet at approximat~.m., and
convene the meeting of the Board of Adjustment and then consider contm~ag~the Public
Heating until Wednesday, March 27, 1996, at 6:30 p.m. By continuing the Public Heating,
no additional costs will be incurred since no readvertising will be necessitated.
/jmt
Attachment
cc: T~m Williams, Assistant City Attorney
x/q<athryn M. O'Halloran, City Clerk
George Bonacci, Chief Building Official
Jan King, Secretary, Board of Adjustment
Robert L. Fischer, Petitioner
March loth, 1995
City of Sebastian
Attention Mr. Frame
City Manager
We are on the agenda fc, r the March 13th Bc, ard of
Adjustment Meeting tc, approve a variance for a carport.
Due to a family illness we ,~ill not be able to, attend and
are requesting to be heard on the next available Board of
Adjustment meeting.
Your cons±deratinn in this matter will be greatly
appr ec iated.
Rc, bert L. Fischer
787 Schumann Drive
Sebastian, Flc, rida 32958
407 -589-;;..]:944
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
BOARD OF ADJUSTMENT
WEDNESDAY, MARCH 13, 1996
6:30 P.M.
1. CALL TO ORDER
2. ROLL CALL
3. OLD BUSINESS:
APPROVE MINUTES OF FEBRUARY 14, 1996 MEETING
4. NEW BUSINESS:
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)5 (DF THE
SEBASTIAN LAND DEVELOPMENT CODE TO ALLOW A CARPORT TO
HAVE A MINIMUM CLEAR INTERIOR SPACE OF 8.5 FEET IN WIDTH
WHEREAS THE CODE REQUIRES SUCH CARPORT TO HAVE 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 (DF 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 HADE, WHICH RECORD INCLUDES THE TEST£MONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105
F.S.)