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HomeMy WebLinkAbout05141991BOA 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, MAY 14, 1991, AT 3:00 P.M. IN THE CITY COUNCIL CHAMBERS. ~~G~RETARY 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. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA BOARD OF ADJUSTMENT TUESDAY, MAY 14, 1991 3:00 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. OLD BUSINESS: APPROVE APRIL 9, 1991 MINUTES 5. PUBLIC HEARING: CHARLES MAXWELL, IN REGARDS TO LOT 32, BLOCK 506, SEBASTIAN HIGHLANDS UNiT 14, 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. JOSEPH R. FRAPPIER, IN REGARDS TO LOT 19, BLOCK 253, SEBASTIAN HIGHLANDS UNIT 10, IS REQUESTING A VARIANCE TO ALLOW AN EXISTING STRUCTURE TO ENCROACH · 63 FEET iNTO THE REQUIRED 10 FOOT SIDE YARD SETBACK. 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 D 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 14, 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 2OA-5.6. CHARLES MAXWELL, IN REGARDS TO LOT 32, BLOCK 506, SEBASTIAN HIGHLANDS UNIT 14, 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: APRIL 29, 1991 MAY 6, 1991 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 ra 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 14, 1991, AT 3:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT 122B MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE, SECTION 20A-3.4 (D)(6) JOSEPH R. FRAPPIER, IN REGARDS TO LOT 19, BLOCK 253, SEBASTIAN HIGHLANDS UNIT 10, HAS REQUESTED A VARIANCE TO ALLOW AN EXISTING STRUCTURE TO ENCROACH .63 FEET INTO THE REQUIRED 10 FOOT SIDE YARD SETBACK. 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: APRIL 29, 1991 MAY 6, 1991 BOARD OF ADJUSTMENT "SPECIAL MEETING" MAY 14, 1991 - 3:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN MATTHEWS AT 3:00 P.M. THE PLEDGE OF ALLEGIANCE WAS LED BY CHAIRMAN MATTHEWS. ROLL CALL: PRESENT: GALE MATTHEWS, CHAIRMAN JAMES HUSK JOSEPH STEPHENSON MARY HEINICKE ALAN SHISGAL EXCUSED: WALTER SHIELDS ALSO PRESENT: BRUCE COOPER, DIR. OF COMMUNITY DEVELOPMENT RICHARD TORPYr ASSISTANT CITY ATTORNEY OLD BUSINESS: MOTION BY JOSEPH STEPHENSON, SECONDED BY JAMES HUSK TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD APRIL 9, 1991 AT 3:00 P.M. AS WRITTEN. MOTION CARRIED. PUBLIC HEARING: CHARLES MAXWELL, IN REGARDS TO LOT 32, BLOCK 506, SEBASTIAN HIGHLANDS UNiT 14, 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. CHARLES MAXWELL WAS PRESENT. HE STATED THAT THE HEALTH DEPARTMENT SAID THAT THERE WAS NOT ENOUGH ROOM IN THE FRONT YARD TO PLACE THE SEPTIC TANK AND DRAINFIELD. ALL THE OTHERS IN THE NEIGHBORHOOD ARE IN THE REAR. IT WAS NOTED THAT PUBLIC WATER IS AVAILABLE AT THIS LOT. MR. HUSK ASKED WHY THERE WASN'T ROOM IN THE FRONT. MR. MAXWELL STATED THAT THE HEALTH DEPARTMENT DETERMINED THIS BY THE SIZE OF THE BUILDING AND THE FALL OF THE LAND. MR. COOPER ALSO MENTIONED THAT IT MAY BE DUE TO PERCOLATION AND BEING THIS IS DUPLEX. IN THAT ZONE THEY HAVE TWO DRIVES AND PAGE 2 EVEN THOUGH ON A SINGLE LOT YOU CAN GENERALLY PUT THE SYSTEM IN, WHEN YOU HAVE THAT MUCH IMPERVIOUS SURFACE, YOU STILL NEED A CERTAIN AMOUNT OF SQUARE FOOTAGE FOR THE DRAINFIELD AND PERCOLATION. MR. HUSK ASKED IF A DUPLEX CAN STILL BE PLACED ON A SINGLE LOT. MR. COOPER POINTED OUT THAT THIS ZONING IS RM-8 WHICH ALLOWS FOR DUPLEX BUILDINGS. AS FAR AS THE HEALTH FACILITIES AND THE SEPTIC TANK, THEY ARE REQUIRED TO HAVE A LITTLE LARGER TANK AND LARGER AREA BECAUSE IT IS A DUPLEX. THAT IS THE REASON FOR THE ADDITIONAL AMOUNT THAT YOU NEED BEYOND WHAT YOU NEED FOR A SINGLE FAMILY IN A FRONT YARD. MRS. HEINICKE ASKED ABOUT THE NORMAL SINGLE FAMILY REQUIREMENTS AND MR. COOPER REPLIED THAT IT IS USUALLY A 900 GALLON TANK WITH 300 SQUARE FEET OF DRAINFIELD. MR. HUSK ASKED IF A 1200 GALLON SEPTIC WAS BIG ENOUGH FOR A DUPLEX. MR. COOPER NOTED THAT TO HIS KNOWLEDGE IT WAS. H.R.S. iS THE ONE WHO WILL ISSUE THE SEPTIC PERMIT AND WE HAVE A LETTER ON FILE FROM H.R.S. STATING THAT A 1200 GALLON SEPTIC WITH 500 SQUARE FEET OF DRAINFIELD WILL BE REQUIRED. CHAIRMAN MATTHEWS ASKED HOW MANY PEOPLE COULD LIVE IN THIS DWELLING. MR. COOPER EXPLAINED THAT A FAMILY CONSISTS OF NO MORE THAT FOUR UNRELATED PEOPLE EITHER BY BLOOD, MARRIAGE OR SOME KIND OF FAMILY MEMBERSHIP. THERE IS NOTHING THAT SAYS THEY CANNOT HAVE 20 PEOPLE IN THERE IF THEY ARE ALL RELATED. MR. COOPER NOTED THAT STAFF HAS NO OBJECTIONS TO THiS VARIANCE REQUEST ESPECIALLY SINCE THERE IS CENTRAL WATER AVAILABLE, IT WILL POSE NO PROBLEM AT ALL. GENERAL DEVELOPMENT UTILITIES IS THE WATER SOURCE. MOTION TO GRANT THE VARIANCE AS REQUESTED BY MARY HEINICKE, SECONDED BY JOSEPH STEPHENSON. ROLL CALL: YES: GALE MATTHEWS ,JAMES HUSK JOSEPH STEPHENSON MARY HEINICKE ALAN SHISGAL NO: NONE MOTION CARRIED. PAGE 3 PUBLIC HEARING: JOSEPH R. FRAPPIER, IN REGARDS TO LOT 19, BLOCK 253, SEBASTIAN HIGHLANDS UNIT 10, HAS REQUESTED A VARIANCE TO ALLOW AN EXISTING STRUCTURE TO ENCROACH .63 FEET INTO THE REQUIRED 10 FOOT SIDE YARD SETBACK. MR. JOSEPH R. FRAPPIER WAS PRESENT. HE STATED THAT THE HOUSE WAS ALREADY ENCROACHING WHEN IT WAS PURCHASED. MR. COOPER NOTED THAT THE HOUSE WAS STARTED BY A CONTRACTOR FOR MR. ED RYSKA. AFTER MANY PROBLEMS, THE HOMEOWNER TOOK OVER THE PROJECT, BUT STILL DID NOT FINISH THE HOME. THE NEW OWNER IS TRYING TO GET EVERYTHING RESOLVED. THE ENCROACHMENT WAS MADE AND INDICATED ON A FOUNDATION SURVEY AND WAS NOTED ON THE BUILDING PERMIT CARD TO HAVE NO CERTIFICATE OF OCCUPANCY UNTIL THIS MATTER WAS RESOLVED. TO GET THIS BUILDING COMPLETED, STAFF HAS NO OBJECTIONS TO THE ENCROACHMENT. IT WOULD BE A HARDSHIP TO HAVE THE BUILDING ALTERED. THE APPLICANT HAS NOT CAUSED THE CONDITIONS, IT WAS THE ORIGINAL CONTRACTOR. IT WAS NOTED THAT MR. FRAPPIER DID KNOW OF THE ENCROACHMENT WHEN HE PURCHASED THE PROPERTY. IT WAS ALSO NOTED THAT A SIMILAR CASE WAS BEFORE THIS BOARD FOR CONSIDERATION SEVERAL MONTHS AGO. MR. COOPER STATED THAT STAFF FEELS IT IS A MINOR ENCROACHMENT PLUS THEY WOULD LIKE TO SEE THE HOUSE COMPLETED. THE PUBLIC MEETING WAS ADVERTISED. FOLLOWING A BRIEF DISCUSSION, MOTION TO GRANT THE VARIANCE AS REQUESTED WAS MADE BY MARY HEINICKE, SECONDED BY JOSEPH STEPHENSON. ROLL CALL: YES: GALE MATTHEWS JAMES HUSK JOSEPH STEPHENSON MARY HEINICKE ALAN SHISGAL NO: NONE MOTION CARRIED. CHAIRMANS MATTERS: NONE COMMITTEE MATTERS: NONE PAGE 4 BUILDING OFFICIAL MATTERS: NONE NEW BUSINESS: NONE MOTION TO ADJOURN BY JOSEPH STEPHENSON, SECONDED BY MARY HEINiCKE. MOTION CARRIED. MEETING ADJOURNED AT 3:30 P.M.