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HomeMy WebLinkAbout04091991BOA City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 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 SPECIAL MEETING ON TUESDAY, APRIL 9, 1991, AT 3:00 P.M. IN THE CITY COUNCIL CHAMBERS. J~./KING, SEC~TARY SEBASTIAN BOARD OF ADJUSTMENT NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSES, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY IN EVIDENCE ON WHICH THE APPEAL IS BASED. /jk City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA BOARD OF ADJUSTMENT TUESDAY, APRIL 9, 1991 3:00 P.M, 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. OLD BUSINESS: 5. PUBLIC HEARING: APPROVE MARCH 19, 1991 MINUTES AMERON HOMES, IN REGARDS TO LOT 20, BLOCK 113, SEBASTIAN HIGHLANDS UNIT 2, iS REQUESTING A VARIANCE TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD, WHEREAS THE ORDINANCE REQUIRES THE PLACEMENT OF SUCH FACILITIES IN THE FRONT OR SIDE YARD, HOLIDAY BUILDERS, IN REGARDS TO LOT 25, BLOCK 273, SEBASTIAN HIGHLANDS UNIT 10, IS REQUESTING A VARIANCE TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD, WHEREAS THE ORDINANCE REQUIRES THE PLACEMENT OF SUCH FACILITIES IN THE FRONT OR SIDE YARD. 6. CHAIRMANS MATTERS: 7. COMMITTEE MATTERS: 8. BUILDING OFFICIAL MATTERS: 9. NEW BUSINESS: REVIEW APPLICATIONS FOR ALTERNATE MEMBER ON BOARD OF ADJUSTMENT AND MAKE RECOMMENDATION TO CITY COUNCIL. APPOINTMENT CHAIRMAN AND VICE CHAIRMAN. 10. 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 POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 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 TUESDAY, APRIL 9, 1991, AT 3:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE, SECTION 20A-5.6. AMERON HOMES, IN REGARDS TO LOT 20, BLOCK 113, SEBASTIAN HIGHLANDS UNIT 2, HAS REQUESTED A VARIANCE TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD, WHEREAS THE ORDINANCE REQUIRES THE PLACEMENT OF SUCH FACILITIES IN THE FRONT OR SIDE YARD. GALE MATTHEWS, CHAIRMAN BOARD OF ADJUSTMENT 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 IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) PUBLISHED: MARCH 25, 1991 APRIL 1, 1991 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 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 TUESDAY, APRIL 9, 1991, AT 3:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE, SECTION 20A-5.6. HOLIDAY BUILDERS, iNC., IN REGARDS TO LOT 25, BLOCK 273, SEBASTIAN HIGHLANDS UNIT 10, HAS REQUESTED A VARIANCE TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD, WHEREAS THE ORDINANCE REQUIRES THE PLACEMENT OF SUCH FACILITIES IN THE FRONT OR SIDE YARD. GALE MATTHEWS, CHAIRMAN BOARD OF ADJUSTMENT 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 IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) PUBLISHED: MARCH 25, 1991 APRIL 1, 1991 BOARD_OF_ADJUSTMENT "SPECIAL_MEETING" APRIL~9, 1991 -_3:00_P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN MATTHEWS AT 3:lB P.M. THE PLEDGE OF ALLEGIANCE WAS LED BY CHAIRMAN MATTHEWS. ROLL CALL: PRESENT: GALE MATTHEWS, CHAIRMAN JAMES HUSK JOSEPH STEPHENSON WALTER SHIELDS EXCUSED: MARY HEINICKE AL~O PRESENT: BRUCE COOPER, DIR. OF COMMUNITY DEVELOPMENT OLD BUSINESS: MOTION BY JOSEPH ~TEPHENSON, SECONDED BY WALTER SHIELDS TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD MARCH 19, 1991 AT 3:00 P.M. AS WRITTEN. MOTION CARRIED. PUBLIC_HEARING: HOLIDAY BUILDERS, IN REGARDS TO LOT BLOCK 273, SEBASTIAN HIGHLANDS UNIT 10, HAS REQUESTED A VARIANCE TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD, WHEREAS THE ORDINANCE REQUIRES PLACEMENT OF SUCH FACILITIES IN THE FRONT OR SIDE YARD. THE PUBLIC HEARING HAS BEEN ADVERTISED IN THE PAPER. SCOTT CLARK WAS PRESENT TO REPRESENT HOLIDAY BUILDERS. HE NOTED THAT THEY OFFERED TO MOVE THE WELL ON LOT 26, BLOCK 273. HOWEVER, THAT OWNER WANTED A TREE TO BE MOVED WHICH WOULD HAVE BEEN VERY COSTLY. BRUCE COOPER NOTED THAT THE FRONT WELL ON LOT 26 ALREADY IMPACTS THE LOTS ACROSS BAYHARBOR TERRACE. THE PROPOSED WELL ON LOT 25 SHOULD BE MOVED AS FAR BACK TOWARD THE HOUSE AS POSSIBLE TO REDUCE THE IMPACT ON THE SURROUNDING LOTS. HE NOTED THAT A Pu~IBLE REQUIREMENT OF THE VARIANCE COULD RE PLACEMENT OF THE WELL APPROXIMATELY 14' FROM THE FRONT PROPERTY LINE IN THE N.W. CORNER OF THE LOT. PAGE 2 MR. HUSK ASKED IF AT SOME POINT AN OWNER COULD BE FORCED TO MOVE HIS WELL. MR. COOPER SAID THAT THIS WAS NOT POSSIBLE SINCE THE ORIGINAL WELL WAS PERMITTED. UNFORTUNATELY, THE SITUATION NOW COMES TO A FIRST COME, FIRST SERVED BASIS. FOLLOWING A BRIEF DISCUSSION, MOTION BY JAMES HUSK, SECONDED BY JOSEPH STEPHENSON TO GRANT THE VARIANCE FOR HOLIDAY BUILDERS IN REGARDS TO LOT 25, BLOCK 273, SEBASTIAN HIGHLANDS UNIT 10, TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD, WHEREAS SEBASTIAN LAND DEVELOPMENT CODE 20A-S.6 REQUIRES THE PLACEMENT OF SUCH FACILITIES IN THE FRONT OR SIDE YARD, WITH THE FOLLOWING CONDITION: WELL IS TO BE PLACED APPROXIMATELY 14 FEET FROM FRONT PROPERTY LINE ON THE NORTHWEST CORNER OF THE LOT. ROLL CALL: YES: GALE MATTHEWS JAMES HUSK JOSEPH STEPHENSON WALTER SHIELDS NO: NONE MOTION CARRIED THE REPRESENTATIVE FROM AMERON HOMES REGARDING THE OTHER PUBLIC HEARING SCHEDULED FOR THIS MEETING WAS DELAYED. THE BOARD AGREED TO POSTPONE THIS PUBLIC HEARING UNTIL LATER IN THE MEETING. CHAIRMAN MATTHEWS ASKED THE APPLICANT FOR THE ALTERNATE POSITION ON THE BOARD OF ADJUSTMENT, ALAN SHISGAL, TO STEP FORWARD. MR. SHISGAL IS A REAL ESTATE APPRAISER WHO LIVES IN SEBASTIAN AND WOULD SEE NO PROBLEM ATTENDING MEETINGS ON SHORT NOTICE. MR. COOPER NOTED THE ALTERNATE WOULD BE ASKED TO ATTEND ALL MEETINGS SO AS TO STEP IN WHEN ANOTHER PERSON CANNOT ATTEND. NEW MEMBERS NEED TO BE APPRISED ON HOW THE BOARD WORKS AND THINGS LIKE THAT. PAGE 3 MR. SHIELDS ASKED ABOUT MR. SHISGAL'S EMPLOYER AND WHERE HE WORKS. MR. SHISGAL DOES APPRAISALS FOR GREAT WESTERN BANK WORKING OUT OF AN OFFICE IN VERO BEACH AND GENERALLY DOING APPRAISALS IN THE AREAS OF BREVARD, ST. LUCIE OR MARTIN COUNTIES DEPENDING ON WHERE HE IS NEEDED. MR. MATTHEWS ASKED IF THIS WAS A POTENTIAL CONFLICT OF INTEREST. MR. COOPER NOTED THAT IT WOULD ONLY BE A CONFLICT IF MR. SHISGAL HAD A FINANCIAL INTEREST IN A CASE. HE WOULD THEN NEED TO SUSTAIN. ANY TIME A PERSON FEELS THEY HAVE A CONFLICT, THEY HAVE TO FILE A DISCLOSURE. ANY TIME A MEMBER FEELS THERE MAY BE A CONFLICT, JUST ADVISE STAFF AND IT WILL BE REVIEWED BY THE CITY ATTORNEY WHO WILL THEN ADVISE THEM ACCORDINGLY. FOLLOWING A BRIEF DISCUSSION, A MOTION WAS MADE BY JOSEPH STEPHENSON, SECONDED BY WALTER SHIELDS TO RECOMMEND TO CITY COUNSEL THAT MR. ALAN M. SHISGAL BE APPOINTED TO THE BOARD OF ADJUSTMENT AS AN ALTERNATE MEMBER. ROLL CALL: YES: GALE MATTHEWS JAMES HUSK WALTER SHIELDS JOSEPH STEPHENSON NO: NONE MOTION CARRIED. PUBLIC HEARING: AMERON HOMES, IN REGARDS TO LOT 20, BLOCK 113, SEBASTIAN HIGHLANDS UNIT 2, HAS REQUESTED A VARIANCE TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD, WHEREAS THE ORDINANCE REQUIRES THE PLACEMENT OF SUCH FACILITIES IN THE FRONT OR SiDE YARD. MR. HUSK AND MR. MATTHEWS QUESTIONED WHY THE WELL COULD NOT BE PLACED IN THE N.W. CORNER OF LOT 20. MR. COOPER NOTED THAT THE SEPTIC TANKS AND DRAINFIELDS ON LOTS 1, 2 AND 19 OF BLOCK 113 WOULD PROHIBIT THIS. iT WAS NOTED THAT THE WELL ON LOT 12 OF BLOCK 110 ALREADY IMPACTS LOT 11 OF BLOCK 110. DANIEL BROGNANO OF AMERON HOMES ARRIVED TO REPRESENT THE APPLICANT. PAGE FOLLOWING A BRIEF DISCUSSION, A MOTION WAS MADE BY JOSEPH STEPHENSON, SECONDED BY JAMES HUSK, TO GRANT THE VARIANCE FOR LOT 20, BLOCK 113, SEBASTIAN HIGHLANDS UNIT 2 TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD. ROLL CALL: YES: GALE MATTHEWS, CHAIRMAN JAMES HUSK JOSEPH STEPHENSON WALTER SHIELDS NO: NONE MOTION CARRIED. CHAIRMANS MATTERS: NONE COMMITTEE MATTERS: NONE BUILDING~O..~FICiAL_MATTERS: NONE NEW BUSINESS: MOTION WA9 MADE BY JOSEPH STEPHENSON, SECONDED BY WALTER SHIELDS TO APPOINT GALE MATTHEWS AS CHAIRMAN OF THE BOARD OF ADJUSTMENT. ROLL CALL: YES: JAMES HUSK JOSEPH STEPHENSON WALTER SHIELDS NO: GALE MATTHEWS MOTION CARRIED. MOTION BY GALE MATTHEWS, SECONDED BY WALTER SHiELD9~ TO APPOINT JOSEPH STEPHENSON AS VICE CHAIRMAN OF THE BOARD OF ADJUSTMENT. NOLL !2ALL~ ¥~a~ dALE MATTHEWS JAMES HUSK JOSEPH STEPHENSON WALTER SHIELDS MOTION CARRIED. MOTION TO ADJOURN BY JOSEPH STEPHENSON, SECONDED BY WALTER SHIELDS. MEETING WAS ADJOURNED AT 3:55 P.M. MOTION CARRIED.