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HomeMy WebLinkAbout03271996BOA City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 D FAX (407) 589-5570 MINUTES BOARD OF ADJUSTMENT WEDNESDAY, MARCH 27, 1996 6:30 P.M. Mayor Cartwright called the Board of Adjustment meeting to order at 6:30 p.m. City, Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka City Manager, Thomas Frame City Attorney, Clifton McClelland, Jr. City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Zoning Technician, Jan King 3. OLD BUSINESS Avorove Minutes of March 13. 1996 MOTION by Halloran/Taracka I move to approve the minutes of the March 13 Board of Adjustment meeting. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwdght - aye MOTION CARRIED 5-0 Board of Adjustment Meeting March 27, 1996 Page Two CONTINUATION OF PUBLIC HEARING FROM MARCH 13. 1996 BOAKD OF ADJUSTMENT MEETING: Robert and Darlene Fischer, In Regardx 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 in Width l/Fhereas the Code Requires Such Carport to Have a Minimum ofTen Feet. All members disclosed ex-parte communication and/or prior review of the matter. The City Clerk swore in all those who intended to offer testimony. The Zoning Technician presented the requested variance for a carport with reduced width to keep it from encroaching in the required setback. Mrs. Damp said there are several homes on Schumann without garages or carports. The Zoning Technician explained that this home currently has a garage, is in compliance and cannot go into non-compliance. Robert Fischer, 787 Schumann Drive, Sebastian, said he would like to construct a den in the existing garage and that his problem was the way the house was situated on the property. Alberta Clark adjacent property owner, said the proposed carport will be on top of her property and that the applicant might be storing equipment. (See letter attached) Mayor Cartwfight inquired whether the proposed structure is in the easement. The Zoning Technician said the carport overhang can extend 48 inches into the ten foot setback. Mayor Cartwright inquired about equipment. Mr. Fischer said he would only be storing equipment currently in his garage. 2 Board of Adjustment March 27, 1996 Page Three Janet Hart, 807 Schumann Drive, Sebastian, inquired whether this storage would be open or closed. The Zoning Technician said there is a proposed enclosed storage area behind the proposed carport. Florence Phelan, adjacent property owner, inquired whether any Council members had visited the subject property. Mr. Taracka said he had. The Zoning Technician said that a six foot fence was installed since the applicant's last request for a variance. Mrs. Hart said there is equipment in the yard and submitted a photograph for the record. Mrs. Clark suggested he put the carport on the east side. Mayor Cartwdght closed the public hearing at 6:51 p.m. MOTION by Damp/Halloran I move that we grant the variance to allow a carport to have a minimum clearance of 8.5 feet in width regarding the code minimum requirement of ten feet to be in compliance with the City Land Development Code which is 20A- 11.2(2)(c). ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 4. NEW BUSINESS None. Board °fAdjustment Meeting March 27, 1996 Page Four ?~yor Cartwr/ght re,,u ..... ¼ ¢~[eCl the ' ~uJUstment members. Cit~ ~..~.~ Clerk adverse _ v ~o~cu Conc~ed. for Bo~d of ]¥olle. ~olle. 8. Being no further business, Mayor Cartwright adjourned Adjustment meet/rig at 6:55 p.m.the Board of Approved at the Meeting. ~ 1996, Regular City Council City Clerk Mayor 4 City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 MINUTES BOARD OF ADJUSTMENT WEDNESDAY, MARCH 27, 1996 6:30 P.M. Mayor Cartwright called the Board of Adjustment meeting to order at 6:30 p.m. City. Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka City Manager, Thomas Frame City Attorney, Clifton McClelland, Jr. City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Zoning Technician, Jan King OLD BUSINESS Aonrove Minutes of March 13. 1996 MOTION by Halloran/Taracka I move to approve the minutes of the March 13 Board of Adjustment meeting. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5~0 Board of Adjustment Meeting March 27, 1996 Page Two CONTINUATION OF PUBLIC HEARING FROM MARCH 13. 1996 BOARD OF ADJUSTMENT MEETING: 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 in Width Whereas the Code Requires Such Carport to Have a Minimum ofTen Feet. All members disclosed ex-parte conununicafion and/or prior review of the matter. The City Clerk swore in all those who intended to offer testimony. The Zoning Technician presented the requested variance for a carport with reduced width to keep it from encroaching in the required setback. Mrs. Damp said there are several homes on Schumann without garages or carports. The Zoning Technician explained that this home currently has a garage, is in compliance and cannot go into non-compliance. Robert Fischer, 787 Schumann Drive, Sebastian, said he would like to construct a den in the existing garage and that his problem was the way the house was situated on the property. Alberta Clark, adjacent property owner, said the proposed carport will be on top of her property and that the applicant might be storing equipment. (See letter attached) Mayor Cartwright inquired whether the proposed structure is in the easement. The Zoning Technician said the carport overhang can extend 48 inches into the ten foot setback. Mayor Cartwright inquired about equipment. Mr. Fischer said he would only be storing equipment currently in his garage. 2 Board of Adjustment March 27, 1996 Page Three Janet Hart, 807 Schumann Drive, Sebastian, inquired whether this storage would be open or closed. The Zoning Technician said there is a proposed enclosed storage area behind the proposed carport. Florence Phelan, adjacent property owner, inquired whether any Council members had visited the subject property. Mr. Taracka said he had. The Zoning Technician said that a six foot fence was installed since the applicant's last request for a variance. Mrs. Hart said there is equipment in the yard and submitted a photograph for the record. Mrs. Clark suggested he put the carport on the east side. Mayor Cartwright closed the public heating at 6:51 p.m. MOTION by Damp/Halloran i move that we grant the variance to allow a carport to have a minimum clearance of 8.5 feet in width regarding the code minimum requirement of ten feet to be in compliance with the City Land Development Code which is 20A-11.2(2)(c). ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 4. NEW BUSINESS None. 3 Board of Adjustment Meeting March 27, 1996 Page Four 5. CHAIRMAN'S MATTERS Mayor Cartwright requested the City Clerk advertise for Board of Adjustment members. City Council concurred. 6. MEMBERS' MATTERS None. 7. STAFF MATTERS None. Being no further business, Mayor Cartwright adjourned the Board of Adjustment meeting at 6:55 p.m. Approved at the ff~45~-. ( ?~, /ef~ Meeting. '-Lbuise R. Cartwright ~/ Mayor 4 January 5, 1996 Board of Adjustment City of Sebastian I am concerned about my next door neighbors, Robert and Darlene Fischers, request for a variance to build a carport on Lot 1,Block 414, Sebastian Highlands, Unit 9. I am concerned about the possible storage of equipment in an open carport area facting my home. Since Mr. Fischer is already making a bedroom out of the existing garage, I feel a carport so close to the street will be a detriment to the neighborhood. The proposed overhang will be closer to my property than the !0 foct r~quire~ setback and I am concarn~d about any rain run- off damaging my property. Also the large proposed concrete driveway will take away natural drainage and may create a flooding problem. Du~e to the above, I object to the Board of Adjustment granting the requested variance to Robert and Darlene Fisher. Alberta Clark 809 Gilbert Street Sebastian, FL 32958 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, MARCH 27, 1996 6:30 P.M. CALL TO ORDER ROLL CALL OLD BUSINESS: APPROVE MINUTES OF MARCH 13, 1996 MEETING CONTINUATION OF PUBLIC HEARING FROM MARCH 13, 1996 BOARD OF ADJUSTMENT MEETING: 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 IN WIDTH WHEREAS THE CODE REQUIRES SUCH CARPORT TO HAVE A MINIMUM OF 10 FEET. 4. NEW BUSINESS 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 THE APPEAL IS TO BE HEARD. (286.0105 F.S.) City of Sebastian 1225 MAIN STREF:T [] SEBASTIAN, FLORIDA 32958 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 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 !, BLOCK 414, SEBASTIAN HIGHLANDS UNIT 9, ARE REQUESTING A VARIANCE TO ALLOW A CARPORT TO HAVE A MINIMUM CLEAR INTERIOR SPACE O~ 8.5 PEET IN WIDTH WHEREAS THE CODE REQUIRES SUCH CARPORT TO BE A MINIMUM OE i0 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 ~LATTER 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 AOVANCE OF THE MEETING. PUBLISHED: FEBRUARY 27, 1996 MARCH 8, 1996 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PUBLIC ~4EETING CITY OF SEBASTIAN 1225 ~iN STREET INDIAI~ RIVER ~OU~TY FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD A MEETING ON MARCH 27, 1996, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS. KATHRYN~ M. O ~HAL'L~JRAN CITY CLERK CITY OF 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. Mr. Barnes Mrs. Damp Mr. Halioran ,/ Mr. Taracka Mrs. Cartwright ITEM NO. ROLL CALL 2 Mrs. Damp Mr. Halloran Mr. Taracka Mrs. cammght Mr. Barnes ITEM NO. ROI,L CALL Mr. Halloran Mr. Taracka Mrs. Cartwright Mr. Barnes Mrs. Damp ITEM NO. ROLL CALL 4 Mr. Taracka Mrs. Cartwri~t Mr. Barnes Mrs. Damp Mr. Halloran SECOND MOTION SECOND MOTION SECOND ITEM NO. ROLL CALL 5 Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran Mr. Taraeka MOTION City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, MARCH 27, 1996 6:30 P.M. 1. CALL TO ORDER 2. ROLl, CALL 3. OLD BUSINESS: APPROVE MINUTES OF MARCH 13, 1996 MEETING CONTINUATION OF PUBLIC HEARING FROM MARCH 13, 1996 HOARD OF ADJUSTMENT MEETING: 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 IN WIDTH WHEREAS THE CODE REQUIRES SUCH CARPORT TO HAVE A MINIMUM 4. NEW BUSINESS ,%9~-~ff ,,,~Z,~C, ~ ~~~ 7. STAFF MATTERS ,~ ' hNY PERSOR ~HO DECIDES TO hPPEhB'hNY ~CISIO~ ~hDE BY THE BOhRD OF hD~HST~ENT ~ITH RESPECT TO hNY ~hTTER CORSIDERED hT 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 //~ ................... ~