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HomeMy WebLinkAbout05031994BOA City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA BOARD OF ADJUSTMENT REGULAR MEETING TUESDAY, MAY 3, 1994 3:00 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. OLD BUSINESS: APPROVE MINUTES OF MARCH 8, 1994, SPECIAL MEETING. 5. NEW BUSINESS: PUBLIC HEARING DON & LISA PARKER, IN REGARDS TO LOTS 10 & 11~ BLOCK 59 SEBASTIAN HIGHLANDS UNIT #2, IS REQUESTING A VARIANCE FROM SECTION 20A-5.9(C)(2) OF THE LAND DEVELOPMENT CODE TO ALLOW A TEN (10) FOOT FENCE ACROSS THE REAR AND SIDES OF THE LOTS, WHEREAS THE CODE WOULD PROHIBIT SUCH A FENCE FROM EXCEEDING EIGHT (8) FEET IN HEIGHT. 6. CHAIRMANS MATTERS: 7. MEMBERS MATTERS: RESIGNATION OF FRED BUECHLING AS REGULAR MEMBER. 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 [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ 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, MAY 3, 1994, AT 3:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-5.9(C)(2) OF THE SEBASTIAN LAND DEVELOPMENT CODE. DON & LISA PARKER, IN REGARDS TO LOTS 10 & 11, BLOCK 59, SEBASTIAN HIGHLANDS UNIT #2, IS REQUESTING A VARIANCE FROM SECTION 20A-5.9(C)(2) OF THE LAND DEVELOPMENT CODE TO ALLOW A TEN (10) FOOT FENCE ACROSS THE REAR AND SIDES OF THE LOTS, WHEREAS THE CODE WOULD PROHIBIT SUCH A FENCE FROM EXCEEDING EIGHT (8) FEET IN HEIGHT. ALAN SHISGAL, 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.) 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: APRIL 18, 1994 APRIL 25, 1994 City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 a FAX (407) 589-5570 THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD A REGULAR MEETING ON TUESDAY, MAY 3, 1994, AT 3:00 P.M. IN THE CITY COUNCIL CHAMBERS. 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. :sh BOARD OF ADJUSTMENT REGULAR MEETING MAY 3, 1994, 3:00 P.M. THE MEETING WAS CALLED TO ORDER BY CHAIRMAN SHISGAL AT 3:03 P.M. THE PLEDGE OF ALLEGIANCE WAS LED BY MR. SHISGAL. ROLL CALL: PRESENT: MR. SHISGAL, CHAIRMAN MR. HUSK MR. PRICE MR. SPROUL, ALTERNATE ABSENT: MR. VILARDI, EXCUSED MR. BUECHLING, EXCUSED ALSO PRESENT: JAN KING, ZONING TECHNICIAN. IT IS NOTED THAT MR. SPROUL WILL ACT IN BEHALF OF MR. VILARDI WHO IS A REGULAR MEMBER. OLD BUSINESS: A MOTION WAS MADE BY MR. PRICE TO ACCEPT THE MINUTES OF THE MEETING. SECONDED BY MR. SPROUL. ROLl, CALL WAS MADE, UNANIMOUS VOTE 4-0. PUBLIC HEARING: DON & LISA PARKER, IN REGARDS TO LOTS 10 & 11, BLOCK 59, SEBASTIAN HIGHLANDS UNITS #2, IS REQUESTING A VARIANCE FROM SECTION 20A-5.9 (C)(2) OF THE LAND DEVELOPMENT CODE TO ALLOW A TEN (10) FOOT FENCE ACROSS THE REAR AND SIDES OF THE LOTS, WHEREAS THE CODE WOULD PROHIBIT SUCH A FENCE FROM EXCEEDING EIGHT (8) FEET IN HEIGHT. THE APPLICANT WAS PRESENT. MR. PARKER STATED THAT PUTTING A STANDARD 6' FENCE AT GRADE LEVEL IN THE BACK TO WHERE APPEARANCE WiSE IT LOOKS DECENT IT WOULD COME BETWEEN 9' AND 10' FURTHERMORE THAT THERE IS NOT ANY PRIVACY IN THAT AREA. MRS. KING SPOKE IN BEHALF OF STAFF AND STATED THAT THERE WAS A SIMILAR VARIANCE TO THIS AND THE REQUEST WAS DUE TO THE PROPERTY BEING HIGHER THAN THE LOT BEHIND IT. THERE WAS A LARGE DROP OFF AT THE PROPERTY LINE AND ONCE THE FENCE WAS INSTALLED iT LOST ALI, VALUE OF THE FACT THAT IT WAS 6' HIGH AND APPEARED ONLY TO BE 4' HIGH. BOARD OF ADJUSTMENT REGULAR MEETING OF MAY 3, 1994 PAGE TWO THE PUBLIC HEARING WAS OPENED AND CLOSED AT 3:19 P.M. DUE TO NO PUBLIC INPUT. A MOTION WAS MADE BY MR. PRICE TO ALLOW THE MAN TO DO IT WITH THE CONDITION THAT VISUALLY IT APPEARS TO BE A LEVEL FENCE. SECONDED BY MR. SPROUL. ROLL CALL WAS MADE, UNANIMOUS VOTE 4-0. NEW BUSINESS: NONE CHAIRMANS MATTERS: MR. SHISGAL BROUGHT UP THE FACT THAT THERE WILL NOT BE ENOUGH MEMBERS TO HAVE THE NEXT MEETING. A MOTION WAS MADE BY MR. SPROUL THAT THE CITY COUNCIL CONSIDER APPOiNTiNG OR ALLOWING ANY MEMBER OF THE PLANNING AND ZONING BOARD TO SERVE AS AN ALTERNATE ON THE BOARD OF ADJUSTMENT WHEN THE BOARD OF ADJUSTMENT DOES NOT HAVE SUFFICIENT MEMBERS TO HOLD MEETINGS. SECONDED BY MR. SHiSGAL. ROLL CALL WAS MADE, UNANIMOUS VOTE 4-0. COMMITTEE MATTERS: RESIGNATION OF FRED BUECHLING AS REGULAR MEMBER. MR. SHISGAL MENTIONED THAT THE BOARD OF ADJUSTMENT APPRECIATED THE TIME HE SERVED ON THE BOARD AND WISH HIM AL1, THE BEST AND A QUICK RECOVERY. MR. SPROUL INFORMED THE MEMBERS THAT HE WILL BE RESIGNING FROM THE BOARD AND WISH HIM THE BEST OF LUCK AS WELL. A MOTION WAS MADE BY MR. PRICE TO ACCEPT THE RESIGNATION OF MR. BUECHLING. SECONDED BY MR. HUSK. ROLL CALL WAS MADE, UNANIMOUS VOTE 4-0. MR. SPROUL BROUGHT UP SiGN-OFFS FOR SIDE YARD EASEMENTS REGARDING FENCES AND THEY SHOULD NOT BE REQUIRED ANY LONGER. BUILDING OFFICIAL MATTERS: NONE MEETING ADJOURNED AT 3:25 P.M.