Loading...
HomeMy WebLinkAbout04051988BOAL. Gene Harris Mayor City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 589-5330 Kathryn M. O'Halloran City Clerk BOARD QF ~ ~ ARBZA 5. ~988 - t:00 CITY ~ ~ ~MAIN ~~~ 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. QLD B_~ - Approve March 1, 1988 Minutes 5. PUBLIC. HEARING- Continuance of Alper-Acosta Development Inc. Request for Rear Setback Variance Cumberland Farms - Canopy - Sign Variance Request 7. ~~ 8. NE~~ 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 HEARI3. Richard B, Votapka Mayor City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978-0127 TELEPHONE (305) 589-5330 Kathryn M. O'Halloran City Clerk MINUTES BOARD OF ADJUSTMENT APRIL 5, ~ m 3:00 P.M, 1225 MAIN STREET, SEBASTIANJ FLORIDA Acting Chairman Priore called the meeting to order at 3:00 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. ~ OF MINUTES - Minutes of April 5, 1988 MOTION Heinicke/S~ields I move we accept the minutes of April 5, 1988 as presented. Voice Vote unanimous Motion carried. 5. PUBLIC HEARING Acting Chairman Priore opened the Public Hearing at 3:08 P.M. with the continuance of the Alpher-Acosta Development Inc. request of a rear setback variance. Mr. Priore asked that the Alpher-Acosta representative come to the podium and continue with their case. 1 John Alpher explained that he had submitted drawings of the proposed building to each member of the Board as requested at the previous meeting. He also presented a color illustration. He continued by explaining that the meeting he had proposed during the prior meeting between himself, his Architect, Attorney Burney Carter and all interested adjacent property owners, had taken place. He stated that a letter notifing each of the above referenced persons of the meeting was sent by Ms. Charleen Smith. Mr. Alpher further stated that only Mr. Carter attended the meeting, at which time he dropped his protest. Ms. Charleen Smith stated that the letters were sent at least a week prior to the meeting. Mr. Alpher presented for the record, a copy of the letter to the Board and the Board Secretary. He continued by stating that he had increased the set back by five feet. Ms. Heinicke questioned the possibiltiy of runoff from the berm. Mr. Cooper stated that he could not cause water to run off on jacent property. Mr. Alpher explained that the entire first floor will have a berm and a natural buffer. Mr. Ellis Stapleton, an adjacent property owner, stated for the record that he never recieved a letter notifing him of the meeting. He further stated that he felt the Board should keep to the 30 foot requirement. A lengthy discussion followed concerning the possible drainage problems and solutions. Acting Chairman Priore again explained that the purpose of the Adjustment Board was to determine and pass judgement on reasonable requests on unreasonable conditons. He further explained that although there are codes to abide by, there are always circumstances where the code will not allow for a fair and reasonable solution. Mr. Jack Harrington, part owner of the property, explained that the reason for purchasing the property originally was for development. Mr. Clarence Woolford, part owner of the property, stated that the property was originally purchased for a dry cleanering business, but due to the widening of U.S.#I by the State, the property was cut short, causing the configuration that it remains in today. And in order to use the property the way it is, he requested the Board show consideration to the request by Mr. Alpher. MOTION Matthews/Shields I move we grant the variance of a fifteen foot setback with the condition that there will be a slope roof, sloping to the east, that any stormwater runoff berming, heighth of the fence be according to the law, codes and St. John's Water Management. Roll Call: Mary Heinicke Gale Matthews Walter Sheilds Louis Priore - Yes - Yes - Yes - Yes Motion carried unanimously. Acting Chairman Priore continued the meeting by asking that the representative of Cumberland Farms come to the podium and state their case. Mr. Cooper explained that this case was similar to the Tenneco case, a request for a canopy sign variance. He further stated that the west side of the sign was fine, but that the east side did not meet the 48 foot setback requirement. Mr. Jack Davies, district real estate manager for Central and East Central Florida, responsible for nine counties, representative of Cumberland Farms, presented color photographs of the canopy in question from all directions. He stated that the measurement of the sign in question on the east side of the canopy, going by City codes is 33 feet from any structure or other free standing sign. The distance from the west side of the canopy is 53 feet. He further stated that the total square footage of the free standing sign is 48 square feet on both sides. Mr. Davies asked that the cover letter of his variance application be placed into the record. He continued by explaining that the state requires that self serve signs and CF, (Cumberland Fuels) signs be posted on are about the pumps or canopy. Mr. Cooper explained that their are guidelines on State Statutes, and that both City and State requirements could be met. Mr. Davies further stated that he felt the sign was a Marquee sign and not a free standing sign. Mr. Cooper explained that this structure cannot be construed to be a Marquee sign as it was not attached to his building, but in fact the canopy is a totally separate accessory structure. Attorney Palmer explained that according to the code, a sign of that size and height could be erected if there were a pole to support it, so this sign is being treated as if the pole where there. Mr. Davies questioned why he was'nt told of this during sight plan approval. He also stated that they have a store in existence in Sebastian with the same signage since 1975. Mr. Cooper explained that planning and zoning does not review or approve sign permits. The signage of the other store was approved before this Ordinance came into effect in 1985. He further stated that this was brought to the attention of the construction man at the time the sign in question was being erected. Mr. Davies stated that the signage as it stands is 48 square feet which is well within the feet allowed by the Cities code. And in fact they are presently using only 25 percent of the signage allowed. Attorney Palmer explained that Cumberland Farms could in fact erect more free standing signs. Motion Shields/Heinicke I move we grant this variance provided there be no more free standing signage, that requires permits, be erected on this property. Roll Call: Mary Heinicke - Yes Gale Matthews - Yes Walter Shields - Yes Louis Priore - Yes Motion carried unanimously 6.CHAIRMANS ~ATTERS Acting Chairman Priore discussed a letter of resignation given to the Board prior to the meeting from Chairman Stephenson. Due to recent surgery's which have rendered him unable to attend the past few meetings, he felt it best to resign as Chairman but he wishes to remain as a member of the Board. 7.Q_~MATTERS Acting Chairman Priore ask that the Board appoint a new 4 Chairman. Gale Matthews volunteered to take the position. Attorney Palmer recommended the Board notify the City Council through a memo of the change in Chairman. Motion Heinicke/Shields I move we appoint Gale Matthews Chairman and Louis Priore remain Vice Chairman of the Board of Adjustment. Voice Vote on the motion carried unanimously Motion Heinicke/Shields I move we accept Joseph Stephenson's resignation as Chairman, but he still remains a member of this Board. Voice Vote on the motion carried unanimously. Acting Chairman Priore, on behalf of the Board thanked Attorney Palmer for his legal guidence and wished him the best of luck in his future endeavors, referring to his resignation as City Attorney. Attorney Palmer in response, thanked the Board for their fair minded judgements, and further stated that his feelings were that the Board had not made an incorrect decision in four years. The meeting was adjourned at 4:30 P.M. 5