Loading...
HomeMy WebLinkAbout04071998BOA CITY OF SEBASTIAN BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING APRIL 7, 1998 Chron. Devito called the meeting to order at 7:00 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: EXCUSED ABSENCE: Chron. Devito Louis Nicolini, Sr. James Schmitz ALSO PRESENT: ANNOUNCEMENTS: VChmn. Crockett Clive Beckwith(a) Gregory Gore Keith Miller(a) Robert Massarelli, Community Development Director Ann Brack, Secretary Chmn. Devito announced that Clive Beckwith will be voting for Grcg Gore. APPROVAL OF MINUTES: (March 3, 1998) MOTION by Nicolini/Schmitz I make a motion to approve the minutes as written. A voice vote was taken. 5-0 motion carried. OLD BUSINESS: None NEW BUSINESS: JOHN B. SNIPES - 961 INDIAN RIVER DRIVE - Requesting a variance to subdivide his property into two lots, with one lot being 99.87 feet deep, and the code calls for it to be 125 feet. Mr. & Mrs. John Snipes, 961 Indian River Drive, Sebastian, were present and gave a brief presentation and offered to answer any questions from the Board. There were thirty-two (32) notices of hearing sent out and there were no objection or non-objection letters received. BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF APRIL 7, 1998 Chmn. Devito opened the public hearing at 7:07 pm and closed it at 7:19 pm with no public input. Mr. Massarelli gave staff presentation and recommended approval with the condition that an easement be obtained for access to the well, as noted in the staff report. MOTION by Beckwith/Schmitz I would like to move to approve the applicant's request for variance with the stipulation that the easement be recorded, allowing access to the well by the eastern residence, based on findings as recommended by the staff. Roll call: Chmn. Devito - yes VChmn. Crockett - yes Louis Nicolim, Sr. - yes Clive Beckwith - yes James Schmitz - yes The vote was 5 - 0. Motion carried. 2. THOMAS AND ANNA MINNEHAN - Lot 14, Block 123, Unit 4, Sebastian - Requesting a variance to allow an existing residence to be 20.63 feet from the front property line, whereas the code requires this structure to be a minimum of 25 feet from the front property line. 3. Applicants are ALSO requesting a variance to allow an existing carport to be 15.27 feet from the secondary front property line, whereas the code would require this accessory structure to be 29.54 feet from the secondary front line. Ms. Anna H. Minnehan, 818 Haverhill Ave., Sebastian, was present and gave a brief presentation. Mr. Massarelli gave staff presentation and recommended approval. There was discussion between the applicant and Board members. Chmn. Devito opened the public hearing at 7:33 pm. There were thirty-two (32) notices of hearing sent out and there were no objection or non-objection letters received. The Secretary passed out copies of a letter from Mr. Ensero that had no applicable information contained in it. It was determined that it wasn't an objection nor a non- objection letter. Chmn. Devito asked for proponents or opponents. Edwin Sherradt who own lots 10 & 11 on Glencove, and noted that he and his wife have no objection to this application. Chrnn. Devito closed the public hearing at 7:38 pm. He also suggested that if approved, that the carport could not be enclosed or made into a garage. BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF APRIL 7, 1998 Mr. Massarelli suggested that conditions could be placed on any approval, such as; for existing structure with no additions and no enclosure, and if the structure is destroyed, it cannot be replaced. MOTION by Crocket-t/Beckwith I'd like to make a motion that we approve the variance based on the staffs recommendations, and also adding that it is for the existing structure only, no additions or alterations in any way of any kind, and if the structure is destroyed, it cannot be replaced. Roll call: Chmn. Devito - yes VChmn. Crockett - yes Louis Nicolini, Sr. - yes Clive Beckwith - yes James Schmitz - yes The vote was 5 - 0. Motion carried. DAN DUFFELL, IN REGARDS TO LOT 39, SOUTH MOON UNDER SUBDIVISION, 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. Wayne Tozollo, 858 Kirk Avenue was present representing the applicant. He passed out additional information to the Board members concerning the grinder pump lift station that could be used for this septic system. He referred to a letter from the State Health Department that does not recommend this method, and a letter from a local contractor which also recommends against it. Mr. Massarelli reminded the Board members that in the information passed out by Mr. Tozollo, the cost of this project cannot be considered in determining an approval or denial of a variance. He proceeded to give staff presentation. He noted that the Health Department has determined that thc dual septic type system is the preferable method. Staff recommended approval of the variance for the location of a septic tank in the rear yard, for the guest house only. In response to a question from a Board member, Mr. Massarelli explained the definition of a "guest house", and noted that it cannot be rented. There were twenty-one (21) notices of hearing sent out and there were no objection or non- objection letters received. Chmn. Devito opened and closed the public hearing at 7:50 pm, as there was no public input. MOTION by Beckwith/Crockett I would like to move to approve the application as per staff recommendation, with the stipulation that the septic tank must be used only for the guest house, and that construction must be started within six (6) months. BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF APRIL 7, 1998 Roll call: James Schmitz - yes Louis Nicolini, Sr - yes Clive Beckwith - yes Chmn. Devito - yes VChmn. Crockett - yes The vote was 5 - 0. Motion carried. 5. WILLIAM AND MARY INGUI, IN REGARD TO LOT 5, BLOCK 104, SEBASTIAN HIGHLANDS UNIT 2, is requesting a variance to allow a screened enclosure to be placed seven (7) feet from the rear property line, whereas the code requires such structure to be a minimum of ten (10) feet from the rear property line. Mr. and Mrs. Ingui, 1228 Powell Avenue, N. Merrick, New York, gave their presentation. Mr. Massarelli gave staff presentation, gave information on similar properties on the waterway, and recommended denial. There was much further discussion of this issue and it was established that, at the very least, a fence would be required and could be erected. In response to a question from Mr. Beckwith, staff gave information on the process for replatting, including an easement for maintenance of the canal. Staff also noted that this is a problem in Sebastian, where people are trying to build bigger houses on small lots, and adding a swimming pool becomes difficult because of setbacks and easements. Chmn. Devito opened the public hearing at 8:40 pm. Proponents: Ms. Kathy Groepler, 635 Wimbrow Drive, Sebastian, spoke in favor ora variance to allow an extra three feet for the pool enclosure. Ms. Grace Olson, 643 Wimbrow Drive, Sebastian, spoke in favor of a variance. There were no opponents to this issue. There were twenty-eight (28) notices of hearing sent out and there were no objection or non- objection letters received. MOTION by Beckwith/Crockett It is with deep regrets that I move for a rejection of the application based on findings by staff. BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF APRIL 7, 1998 Roll call: James Schmitz - Yes Louis Nicolini, Sr. - No Clive Beckwith - Yes Chmn. Devito - No VChmn. Crockett - Yes The vote was 3 - 2. Motion passed. Staff indicated that an appeal of this issue would be heard by Circuit Court. There was more discussion on this issue including fencing, appeals, etc. MEMBERS' MATTERS: Mr. Schmitz noted that he will be absent from the May and June meetings, and expects to return before the July meeting. Mr. Crockett inquired about regulations concerning clear-cutting building lots for new construction. This issue was discussed between staff and members of the Board. Mr. Massarelli suggested Board members interested in this issue should come to a Planning and Zoning Commission meeting in the near future. STAFF MATTERS: Mr. Massarelli noted that April 30 would be his last day, and stated that it had been a pleasure working with this Board. He encouraged the Board to continue striving for methods to work out residents' problems in a fair manner. Chmn. Devito thanked Mr. Massaraelli for being great to work with. Chmn. Devito adjourned the meeting at 9:20 pm. (May 5, 1998/AB) City of Sebastian .......................................... 1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 Fl FAX (561) 589-2566 BOARD OF ADJUSTMENT Mr~WSS OV M~TrN~ ~L~ ~VAZ '/. ,_, lq ~d ANqq B1L&CK, SEC1LETARY BOACS,DOC