HomeMy WebLinkAbout04121995BOA City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
AGENDA
BOARD OF ADJUSTMENT
WEDNESDAY, APRIL 12, 1995
7:00 P.M.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. OLD BUSINESS:
5. NEW BUSINESS:
PUBLIC HEARING: MICHAEL AND KAREN GALLOWAY, IN REGARDS
TO LOTS 11 & 12, BLOCK 176, SEBASTIAN HIGHLANDS UNIT 6,
ARE REQUESTING A VARIANCE FROM SECTION 20A-5.9C(1) OF THE
LAND DEVELOPMENT CODE TO TO ALLOW CERTAIN SECTIONS OF A
FRONT YARD FENCE TO BE SIX FEET, WHEREAS THE CODE STATES
THAT FRONT YARD FENCES SHALL NOT EXCEED FOUR FEET IN
HEIGHT. APPLICANTS ALSO REQUEST AN APPEAL OF AN
ADMINISTRATIVE DECISION REGARDING SECTION 20A-12.2, THAT
AN EARTH BERM IS NOT A FENCE.
6. CHAIRMAN'S MATTERS
7. MEMBERS' MATTERS
8. BUILDING OFFICIAL MATTERS
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 HEARD. (286.0105
F.S.)
City of Sebastian
1225 MAIN STREET g 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 APRIL 12, 1995,
AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS.
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.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n 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
APRIL 12, 1995, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS
LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER
A VARIANCE FROM SECTION 20A-5.9C(1) OF THE SEBASTIAN LAND
DEVELOPMENT CODE, AND AN APPEAL OF AN ADMINISTRATIVE DECISION
REGARDING SECTION 20A-12.2.
MICHAEL AND KAREN GALLOWAY, IN REGARDS TO LOTS 11 & 12, BLOCK
176, SEBASTIAN HIGHLANDS UNIT 6, ARE REQUESTING A VARIANCE TO
TO ALLOW CERTAIN SECTIONS OF A FRONT YARD FENCE TO BE SIX
FEET, WHEREAS THE CODE STATES THAT FRONT YARD FENCES SHALL
NOT EXCEED FOUR FEET IN HEIGHT. APPLICANTS ALSO REQUEST AN
APPEAL OF AN ADMINISTRATIVE DECISION THAT AN EARTH BERM IS
NOT A FENCE.
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 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.
PUBLISHED:
MARCH 28, 1995
APRIL 4, 1995
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City of oeDasnan
TELEPHONE (407) 589-5330 n FAX (407) 589-55~0-~
MINUTES
BOARD OF ADJUSTMENT
WEDNESDAY, APRIL 12, 1995 - 7:00 P.M.
CiTY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
Mayor Firtion called the Board of Adjustment meeting
to order at 7:00 p.m.
The Pledge of Allegiance was recited and Reverend
Harold Lee gave the invocation.
3. ROLL CALL
City Council (as Board of Adjustment)
Present: Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Mrs. Louise Cartwright
Mrs. Norma Damp
Mr. Raymond Halloran
Staff Present: City Manager, Joel L. Koford
City Clerk, Kathryn M. O'Halloran
City Attorney, Clifton McClelland, Jr.
Director of Community Development,
Bruce Cooper
Deputy City Clerk, Sally Maio
Board of Adjustment
April 12, 1995
Page Two
4. OLD BUSINESS
None.
5. NEW BUSINESS
PUBLIC HEARING: Michael and Karen Galloway, in
regards to Lots 11 & 12, Block 176, Sebastian
Highlands, Unit 6, are requesting a variance from
Section 20A-5.9C(1) of the Land Development Code
to allow certain sections of a front yard fence to be
six feet, whereas the code states that front yard
fences shall not exceed four feet in height.
Applicants also request an appeal of an
administrative decision regarding Section 20A-12.2
that an earth berm is not a fence.
Mayor Firtion opened the public hearing at 7:04 p.m.
and the City Clerk swore in Michael and Karen
Galloway and Director of Community Development
Director, Bruce Cooper.
The Director of Community Development briefly
explained the variance request.
Vice Mayor Corum noted that the berm and fence are
already in place.
Michael Galloway said he had been told by engineering
staff member, Terry Hill that there would be no
problem with the berm or the fence.
Discussion followed relative to the location of the
gate, definition of "free standing structure",
muffling of traffic noise by the use of berms, and
the lack of impact on the drainage.
Vice Mayor Corum requested photos of the subject
properties.
Mayor Firtion closed the public hearing at 7:28 p.m.
MOTION by Damp/Cartwright
I move that we allow the variance from Section
20A-5.9C(1) to allow a section of the front yard
fence to be six feet.
Board of Adjustment Meeting
April 12, 1995
Page Three
ROLL CALL:
Vice Mayor Corum
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
MOTION by Damp/Corum
I move that we find that the earth berm is
considered a fence and grant the appeal.
ROLL CALL:
Mrs. Cartwright
Mrs. Damp
Mr. Halloran
Mayor Firtion
Vice Mayor Corum
- aye
- aye
- aye
- aye
- aye
MOTION CARRIED 5-0
6. CHAIRMAN'S MATTERS
None.
7. MEMBERS' MATTERS
None.
8. BUILDING OFFICIAL MATTERS
None.
Being no further business, Mayor Firtion adjourned
the Board of Adjustment meeting at 7:30 p.m.
Approved at the
, 1995,
Kathryn ~{. 0'Halloran, CMC/AAE
City Clerk
Arthur L. Firtion, Mayor