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HomeMy WebLinkAbout05041993BOA City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA BOARD OF ADJUSTMENT TUESDAY, MAY 4, 1993 3:00 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. OLD BUSINESS: APPROVE MINUTES OF DECEMBER 1, 1992 REGULAR MEETING. 5. PUBLIC HEARING: ANDO BUILDING CORPORATION, IN REGARDS TO LOT 20, BLOCK 575, SEBASTIAN HIGHLANDS UNIT #17, IS REQUESTING A VARIANCE TO CONSTRUCT A HOUSE TEN (10) FEET FROM THE REAR PROPERTY LINE WHEREAS THE ORDINANCE REQUIRES A MINIMUM OF TWENTY (20) FEET. 6. CHAIRMANS MATTERS: 7. COMMITTEE MATTERS: 8. BUILDING OFFICIAL MATTERS: 9. NEW BUSINESS: 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, MAY 4, 1993, AT 3:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-3.4(D)(6)(c) OF THE SEBASTIAN LAND DEVELOPMENT CODE. ANDO BUILDING CORPORATION, IN REGARDS TO LOT 20, BLOCK 575, SEBASTIAN HIGHLANDS UNIT #17, IS REQUESTING A VARIANCE TO CONSTRUCT A HOUSE TEN (10) FEET FROM THE REAR PROPERTY LINE WHEREAS THE ORDINANCE REQUIRES A MINIMUM OF TWENTY (20) FEET. JAMES HUSK, 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: APRIL 19, 1993 APRIL 26, 1993 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 REGULAR MEETING ON TUESDAY, MAY 4, 1993, 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.) :sb BOARD OF ADJUSTMENT REGULAR MEETING MAY 4.., 1993 - 3:00 P.M. THE MEETING WAS CALLED TO ORDER BY CHAIRMAN JAMES HUSK AT 3:02 P.M. THE PLEDGE OF ALLEGIANCE WAS LED BY MR. HUSK. ROLL CALL: PRESENT: JAMES HUSK, CHAIRMAN ALFRED VILARDI FRED BUECHLING CRANFORD SPROUL, ALTERNATE DONALD ELSESSOR, ALTERNATE ABSENT: ALAN SHISGAL, VICE CHAIRMAN JOHN PRICE IT IS NOTED THAT CRANFORD SPROUL, ALTERNATE, WILL ACT IN BEHALF OF ALAN SHISGAL, WHO IS ABSENT AND DONALD ELSESSOR WILL ACT IN BEHALF OF JOHN PRICE, WHO IS ABSENT. ALSO PRESENT: BRUCE COOPER, DIR. OF COMMUNITY DEVELOPMENT OLD BUSINESS: MOTION BY FRED BUECHLING, SECONDED BY DONALD ELSESSOR, TO APPROVE MINUTES OF THE DECEMBER 1, 1992 MEETING. MOTION CARRIED. PUBLIC HEARING: ANDO BUILDING CORPORATION, IN REGARDS TO LOT 20, BLOCK 575, SEBASTIAN HIGHLANDS UNIT 17, IS REQUESTING A VARIANCE TO CONSTRUCT A HOUSE TEN (10) FEET FROM THE REAR PROPERTY LINE WHEREAS THE ORDINANCE REQUIRES A MINIMUM OF TWENTY (20) FEET. ANDRE DORAWA, THE OWNER OF ANDO BUILDING CORPORATION, WAS PRESENT AND WAS SPEAKING ON BEHALF OF THE OWNER OF THE PROPERTY. THE OWNER OF THE CORNER LOT DESIRES TO POSITION THE HOUSE FACING THE SOUTH EXPOSURE AND BY DOING SO THEY WOULD BE ABLE TO SAVE THE VEGETATION. MR. DORAWA STATED THAT THEY COULD USE BOTH REMAINING SIDES AS A SIDE PROPERTY LINE SINCE THE LOTS TO THE RIGHT AND LEFT HAVE THESE TWO LINES AS SIDE PROPERTY LINES. PAGE 2 MR. COOPER ESTABLISHED THAT THE LAND DEVELOPMENT CODE DEFINES ON A CORNER LOT THAT THE REAR YARD IS OPPOSITE OF THE FRONT YARD iN NARROWEST WIDTH THEREBY, IF YOU ARE LOOKING AT THE SURVEY WHERE IT SHOWS AN APPROXIMATE 10'1" SETBACK, THAT IS ACTUALLY THE REAR YARD BY STRICT DEFINITION OF THE CODE. MR. COOPER NOTED THAT ANDO BUILDING CORPORATION COULD MOVE THE HOUSE AROUND TO MEET THE CODE AND THAT UNDER THE CURRENT CODE HE COULD PUT THE PROPOSED POOL UP TO THE 10' SETBACK. MR. COOPER STATED THAT STAFF HAS NO OBJECTIONS TO THE PROPOSED REQUEST BASED ON A COUPLE FACTORS. THE ABUTTING LOTS (LOTS 19 AND 21) WOULD HAVE TO MAINTAIN A SIDE YARD SETBACK. IN THIS CASE LOT 19, THAT IS ABUTTING LOT 20, WHICH WOULD NORMALLY REQUIRED 20' SETBACK, LOT 19 ONLY REQUIRES 10' SETBACK BECAUSE THAT IS THEIR SIDE YARD. WHEN A SUBDIVISION IS LAID OUT USUALLY THE REAR YARDS ABUT REAR YARDS, AND THE SIDE YARDS ABUT SIDE YARDS. WHAT MAKES THIS LOT AND BLOCK PECULIAR FROM ANY OTHER IS THAT THE REAR YARD DOESN'T ABUT ANOTHER REAR YARD. MR. COOPER MADE A COMPARISON FROM THE NEIGHBORING BLOCK 593, LOTS 6,7, AND 8. WHERE LOTS 6 AND 8 ARE CORNER LOTS AND LOT 7 LIES BETWEEN THEM MAKING IT AN INTERIOR LOT. LOT 7 WOULD HAVE NO ALTERNATIVE BUT TO PROVIDE A REAR YARD SETBACK THEREFORE, YOU WOULD WANT TO BE CONTIGUOUS WITH REAR YARD SETBACKS WITH THOSE THREE LOTS. IN THE CASE OF THE PETITIONED LOT THE SAME CONSISTENCY IS NOT AVAILABLE. MR. COOPER STATED THIS WOULD BE ONE OF THE REASONS HE FEELS WOULD BE CONSTRUED AS A SPECIAL CONDITION OF THIS LOT. THE APPLICANT DID NOT CREATE THIS CONDITION AND IS NOT ASKING FOR ANY SPECIAL PRIVILEGES. MR. COOPER ALSO STATED THAT THERE IS NO HARDSHIP IN THIS CIRCUMSTANCE. RECOMMENDATION IS BASED ON THE FACT THAT THE NEIGHBORING LOTS ARE NOT ABUTTING A REAR YARD AND IT WOULDN'T BE DEPRIVING THE ABUTTING LOTS. MR. HUSK ASKED IF THE 10' SETBACK WAS PART OF THE DRAINAGE EASEMENT? MR COOPER REPLIED THAT THE EASEMENT IS INCLUSIVE WITH THE SETBACK AND THAT SETBACKS ARE BASED FROM PROPERTY LINES NOT EASEMENTS. MR. SPROUL STATED THAT HE IS COMPLETELY OPPOSED TO THIS. THAT THIS IS AN OBVIOUS ATTEMPT TO DESIGN A LOT TO FIT A HOUSE RATHER THAN DESIGN A HOUSE TO FIT A LOT. MR. SPROUL PAGE THREE EXPRESSED CONCERNS THAT IF WE GRANT THIS HOW COULD WE DENY ANYONE ELSE WHO COMES IN WITH A HOUSE THAT DOESN'T FiT THE LOT? MR. COOPER STATED THAT VARIANCES ARE BASED ON EACH CONDITION. THAT IN THIS CIRCUMSTANCE THE CONDITION IS HOW THIS LOT ABUTS THE ADJOINING LOTS. MR. SPROUL STATED FURTHERMORE THAT HE SAW NO HARDSHIP. MR. COOPER STATED THAT THERE ARE SPECIAL CONDITIONS ABOUT THIS LOT THATS PECULIAR THAN ANY OTHER CORNER LOT. MR. SPROUL QUESTIONED WHETHER A HOUSE THIS SIZE COULD NOT BE DESIGNED ON THIS LOT WITHOUT VIOLATING THE SETBACKS, AND THAT TWO HOUSES OF THIS SIZE COULD BE PLACED ON THIS LOT? MR. COOPER MENTIONED AGAIN THAT WE ARE LOOKING AT CONDITIONS THAT ARE PECULIAR ABOUT THE LOT NOT NECESSARILY THE HOUSE. MR. VILARDI INQUIRED ABOUT THE VEGETATION? MR. DORAWA REPLIED THAT THERE ARE A FEW TALL TREES, AND THAT THE FRONT AND RIGHT SIDE ABUTTING PELICAN ISLAND IS TALL GRASS. MR. HUSK ASKED ABOUT A DRAINAGE DITCH IN THE NORTHWEST CORNER OF THE PROPERTY? MR. DORAWA RESPONDED THAT THERE WASN'T ONE THERE. MR. COOPER ADDED THAT THE EASEMENTS ARE INDICATED ON THE PLAT AND THAT THEY ARE NOT NECESSARILY DRAINAGE, THEY COULD BE ANY PUBLIC UTILITY. MR. VILARDI INQUIRED ABOUT THE EXAMPLE MR. COOPER GAVE IN REGARDS TO THE NEIGHBORING BLOCK 593, LOTS 6-8, IF IT WERE THE SAME SITUATION AS BLOCK 575, LOTS 1, 21 AND 20? MR. COOPER RESPONDED THAT LOT 21 IS A SIDE YARD ABUTTING LOT 20~ LOT 1 COULD BE CONSTRUED AS A CORNER LOT WITH MORE THAT ONE FRONTAGE BY THE WAY ITS ANGLED, BUT IT STILL COULD BE CONSTRUED AS SIDE YARD. PAGE FOUR MR. SPROUL STATED THAT LOT 21 SHOULD BE ENTITLED TO THE SAME DISTANCE FROM THE HOUSE NEXT DOOR AS ANY OTHER LOT IN THE CITY OF SEBASTIAN. MR. COOPER EXPLAINED THAT THE SETBACK AGAINST LOT 21 IS A 10' SIDE YARD SETBACK, SO WE ARE NOT IMPOSING ANYTHING DIFFERENT THAN WHAT IS BEING ALLOWED ANYWAY~ LOT 19 IS THE ONE BEING REQUESTED FROM, IN OTHER WORDS BETWEEN 20 AND 19 IS CONSIDERED BY CODE A REAR YARD. WHAT WE ARE TRYING TO LOOK AT IS THE CONFIGURATION OF THE LOTS AND WHAT IS THE INTENT OF THE CODE. MR. COOPER BELIEVES THAT MR. DORAWA HAS GOOD REASONS TO TRY TO OBTAIN THE VARIANCE BASED ON SAVING VEGETATION, ENERGY CONSERVATION, AND THE EXPOSURE OF THE HOUSE. AGAIN, BY GRANTING THIS VARIANCE IT iS NOT PUTTING UNDO HARDSHIP AGAINST THE ABUTTING LOT 19. MR. HUSK QUESTIONED THE WIDTH OF THE DRAINAGE EASEMENT? MR. COOPER RESPONDED THAT THE VARIANCE WOULD NOT INTERFERE WITH THE EASEMENT. MR. VILARDI MENTIONED ABOUT THE HOUSE FACING MILLER DRIVE. MR. COOPER RESPONDED THAT THE POOL WOULD BE PERMITTED TO GO TO A 10' SETBACK WHICH IS ALLOWED BY CODE, IN THIS CASE IF YOU MOVE THE HOUSE AROUND TO MEET THE FRONT YARD SETBACK ON MILLER DRIVE IT WILL BASICALLY MEET THE SAME SETBACK AS IT'S FACING NOW. HE STATED FURTHERMORE THAT IN A REAR YARD ALLOWANCES ARE GIVEN FOR ACCESSORY STRUCTURES BUT, SINCE HE IS REQUESTING FOR THE MAIN HOUSE WE CAN'T GIVE HIM A REDUCTION OF THE SETBACK BY CODE. MR. DORAWA STATED THAT THE DISTANCE FROM EDGE OF THE STREET TO A PROPERTY LINE IS 40' ON PELICAN ISLAND PLACE VERSES MILLER DRIVE WHICH IS 25'. MR. COOPER FELT THAT IT WASN'T GERMANE TO THE ISSUE. MR. SPROUL WOULD HAVE NO OBJECTION IF THIS LOT WERE SUCH THAT A HOUSE COULD NOT BE DESIGNED ON THIS LOT OF THIS SIZE WITHOUT VIOLATING THE SETBACKS. MR. VILARDI MENTIONED THAT iT WOULDN'T TAKE MUCH TO TWIST THE HOUSE AROUND AND THE SAME FRONT STREET WOULD BE PRESENT AS WELL AS BE WITHIN THE SETBACKS. PAGE FIVE MR. COOPER THOUGHT THAT MR. VILARDI HAD A GOOD POINT. BUT IT WOULD BE A TIGHT FIT. HE ALSO STATED THAT THE HOUSE COULD BE REDESIGNED OR MOVED AROUND TO MEET THE REQUIREMENTS, BUT THIS LOT DOES NOT DEFINE THE COMMON INTENT OF SiDE YARDS AND REAR YARDS. MR. VILARDI SUGGESTED REVERSING THE FLOOR PLAN. MR. ELSESSOR SUGGESTED MOVING THE HOUSE OVER 10' OR AT LEAST MOVING THE POOL. MR. COOPER CONCEDED THAT THE HOUSE COULD BE MOVED TO MEET THE REQUIREMENTS AND ALSO WENT INTO DISCUSSION ABOUT THE SPECIAL CONDITIONS OF THE LOT. MR. VILARDI EXPRESSED CONCERN ABOUT SETTING A PRECEDENT. MR. COOPER RESPONDED THAT PRECEDENT WOULD BE SET ONLY IF ANOTHER LOT HAD THE SAME CONFIGURATION. MR. VILARDI MENTIONED REVERSING THE FLOOR PLAN. MR. COOPER STATED THAT BY REVERSING THE FLOOR PLAN YOU WOULD HAVE TO MOVE THE HOUSE OVER 10'. MR. SPROUL STATED THAT BY THE TIME YOU PUT THE FILL ON THE LOT THERE WON'T BE MUCH VEGETATION ALIVE. MR. DORAWA STATED THAT IT WOULD BE EASIER FOR HIM TO BUILD FACING MILLER DRIVE AND SUGGESTED THIS TO THE OWNER. THE OWNER WANTS TO FACE PELICAN ISLAND DRIVE EVEN AT MORE COST. HE STATED AGAIN THAT THE EASIEST SOLUTION WOULD BE TO FACE MILLER DRIVE AND THE OWNER WILL AGREE IF HE HAS NO ALTERNATIVE. MR. ELSESSOR SUGGESTED MOVING THE HOUSE TO THE LEFT AND THE POOL TO THE RIGHT. MR. DORAWA STATED THAT IF YOU WERE THE OWNER YOU WOULDN'T HAVE ACCESS FROM YOUR DINING ROOM OR LIVING ROOM AS WELL AS YOU WOULD BE STEPPING IN THE GRASS. MR. DORAWA ALSO STATED THAT HE TRIED ALL OF THE OPTIONS. MR. SPROUL ASKED IF HE TRIED DESIGNING A DIFFERENT HOUSE FOR THE LOT? MR. DORAWA RESPONDED THAT THE OWNERS LIKE THIS HOUSE, WHICH IS HIS MODEL HOME. MR. COOPER STATED THAT IF YOU DECIDE TO GRANT THE VARIANCE I WOULD BASE IT ON THE LOT CONFIGURATION. HE AGREED WITH MR. VILARDI'S POINT ABOUT SETTING PRECEDENT. THE VARIANCE PAGE SIX SHOULDN'T BE GRANTED BECAUSE THE OWNER WANTS IT THIS WAY, OR THEY'RE SAVING VEGETATION OR ~HE LIKE A CERTAIN EXPOSURE OF THE PROPERTY. MR. VILARDI ASKED IF WE APPROVE THIS WOULDN'T THAT BE WHAT WE ARE DOING? MR. COOPER RESPONDED THAT IN A WAY IT WOULD BE, BUT ON THE OTHER HAND IF YOU LOOK AT THE CRITERIA FOR GRANTING A VARIANCE, THE FIRST GUIDELINE STATES "EXISTENCE OF SPECIAL CONDITIONS OR CIRCUMSTANCES: THAT SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST WHICH ARE PECULIAR TO THE LAND, STRUCTURE, OR BUILDING INVOLVED AND WHICH ARE NOT APPLICABLE TO OTHER LANDS, STRUCTURES OR BUILDINGS IN THE SAME ZONING DISTRICT". MR. VILARDI STATED THAT THIS LOT WAS PLATTED LONG BEFORE THEY OWNED THE PROPERTY AND THEY BOUGHT IT KNOWING THE SHAPE. MR. HUSK ASKED IF SOMEONE WOULD LIKE TO MAKE A MOTION? A MOTION WAS MADE BY MR. BUECHLING, SECONDED BY MR. ELSESSOR, TO GRANT THE VARIANCE DUE TO THE IRREGULAR SHAPE OF THE CORNER LOT AND IN AN EFFORT TO KEEP SIDE LOTS EVEN. ROLL CALL: YES: MR. HUSK MR. VILARDI MR. BUECHLING MR. ELSESSOR NO: MR. SPROUL MOTION CARRIED. CHAIRMANS MATTERS: MR. HUSK SUGGESTED THAT WHENEVER WE GET AN APPLICATION FOR A VARIANCE IT WOULD BE A GOOD IDEA IF THERE WAS AN AREA MAP INCLUDED SO THEY WOULD KNOW THE LOCATION. MR. COOPER STATED THAT WE WOULD BE GLAD TO PROVIDE A COPY OF THE ZONING MAP. COMMITTEE MATTERS: NONE BUILDING OFFICIAL MATTERS: NONE NEW BUSINESS: NONE MEETING ADJOURNED BY CHAIRMAN HUSK AT 3:56 P.M.