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HomeMy WebLinkAbout05211985BOAJim Gallagher Mayor Cig, ¢' Seb s'tia z POST OFFICE BOX 127 [] SEBASTIAN, FLORIDA 32958-0127 TELEPHONE (305) 589-5330 BOARD OF ADJUSTMENTS MEETING MAY 21, 1985 - 1:30 P.M. AGENDA Deborah C. Krages City Clerk CALL TO ORDER R~LL CALL APPROVE MINUTES OF MEETINGS ON 8/2/83 & 11/3/83 OLD BUSINESS: CHAIRMAN'S MATTERS: MEMBER'S MATTERS: NEW BUSINESS: APPLICATION FOR VARIANCE - MR. & MRS. WAITE/ATTORNEY JACKSON 1530 ADDLE STREET/LOT 5, BLOCK 392, UNIT 11, SEBASTIAN HIGHLANDS, INDIAN RIVER COUNTY, FLORIDA ADJOURN 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 RE- CORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTI- MONY IN EVIDENCE ON WHICH THE APPEAL IS BASED. BOARD OF ADJUSTMENTS MAY'21~ 1985 - i:30P.M. MINUTES MEETING CALLED TO ORDER BY CHAIRMAN PRIORE AT 1:30 P.M. PRESENT: MR. STEPHENSON MR. MATTHEWS MR. SHIELDS MRS. HEINICKE CITY ATTORNEY PALMER CHAIRMAN PRIORE CHAIRMAN PRIORE STATED THAT THE FIRST MATTER OF BUSINESS WAS TO ACCEPT, FOR THE RECORD, THE MINUTES OF AUGUST 2 & NOVEMBER 3, 1983, MEETING MINUTES. NO OBJECTIONS FROM THE BOARD THE MINUTES WERE ACCEPTED, AS WRITTEN, FOR THE RECORD. MR. ROBERT JACKSON, ATTORNEY AT LAW, PRESENTED THE CASE FOR MR. AND MRS. WAITE, 1530 ADDLE STREET, LOT 5, BLOCK 392, UNIT 11, SEBASTIAN HIGHLANDS, SEBASTIAN, FLORIDA. MR. JACKSON EXPLAINED THAT THE WAITE'S HAD CONTRACTED WITH MR. BILL ROUX, NOW DECEASED, TO BUILD A SINGLE FAMILY RESIDENTIAL HOME ON THE ABOVE REFERENCED PROPERTY. THE ERROR ON THE SURVEY WAS FOUND WHEN THE WAITE'S WENT TO THE SOUTHEAST BANK OF SEBASTIAN, TO ROLL OVER THEIR MORTGAGE. MR. JACKSON EXPLAINED THAT THE BANK AT THE TIME OF CONSTRUCTION HAD REQUIRED THAT THREE CERTIFIED SURVEYS BE INCLUDED IN THE CONSTRUCTION, MR. JACKSON SHOWED THE THREE SURVEYS PRESENTED TO THE BOARD WITH THE APPLICATION SUBMITTED TO THE BOARD, HE ALSO PRESENTED THE SURVEY DONE BY THE WAITE'S AT THE REQUEST OF THE BANK AT TIME OF RE-MORTGAGE. THE ORIGINAL SURVEYS WERE DONE BY BUCKNER REALTY AND SURVEYING, INC., MR. C.A. BUCKNER, PRESIDENT, AND J. L. BLACKMAN, PRESIDENT. THE FINAL SURVEY COMPLETED BY JAMES A. FOWLER, SHOWED THE HOUSE ON THE SIDE YARD LOT LINE. MR. JACKSON EXPLAINED TO THE BOARD THAT THE WAITE'S WERE INNOCENT VICTIMS OF ERRORS AND THAT BUCKNER REALTY AND SURVEYING, INC., HAD BEEN SOLD AND THE PRESENT OWNERS WERE NOT LIABLE FOR THE ERRORS AND THAT MR. BILL ROUX, CONTRACTOR, WAS NOW DECEASED AND THAT THE ONLY RECOURSE WAS THE BOARD OF ADJUSTMENTS GRANTING A VARIANCE TO THE WAITE'S. MR. AND MRS. WAITE HAVE HAD TO EXPEND MONEY, FOR RELOCATION OF THEIR SEPTIC TANK, NEW SUREVYING AND ATTORNEYS FEES. THEY ARE VICTIMS OF HIRING PROFESSIONALS SO THIS TYPE OF SITUATION WOULD NOT HAPPEN TO THEM. BOARD MEMBERS DISCUSSED THEIR VIEWS ON GRANTING OR DENYING A VARIANCE TO AN APPLICANT. CHAIRMAN PRIORE EXPRESSED HIS VIEWS ON THE SURVEYORS BEING RESPONSIBLE FOR THE ERROR AND THE CONTRACTOR BEING IN ERROR OF THE HOUSE BEING IN THE WRONG LOCATION AND THAT THEY SHOULD MAKE RESTITUTION FOR THEIR ERRORS. ATTORNEY PALMER EXPLAINED TO CHAIRMAN PRIORE THAT THE SURVEYOR SHOULD BE RESPONSBILE, HOWEVER, HE WAS OUT OF BUSINESS AND THAT THE APPLICANTS COULD FALL BACK ON THE BUILDER, HOWEVER, HE HAD PASSED AWAY APPROXIMATELY TWO (2) YEARS AGO. ATTORNEY PALMER EXPLAINED THAT THE WAITE'S SITUATION BOARD OF ADJUSTMENT MAY 21, 1985 2 WAS UNIQUE IN THAT THE NEIGHBORS OWNED TWO LOTS AND THAT THEIR HOUSE WAS PLACED IN THE CENTER OF THE TWO LOTS AND THAT THERE WAS APPROXIMATELY SIXTY (60) FEET BETWEEN THE TWO HOUSES. ATTORNEY JACKSON EXPLAINED THAT THE WAITE'S HAD DISCUSSED WITH THE NEIGHBORS THE POSSIBILITY OF PURCHASING AN EIGHT (8) FOOT STRIP OF THE ADJOINING PROPERTY, HOWEVER, THE NEIGHBORS WOULD NOT DISCUSS PRICE OR DID THEY LIKE THE IDEA OF SELLING OFF A PART OF THEIR PROPERTY, HOWEVER, THEY HAD NO OBJECTION TO THE ENCROACHMENT. ATTORNEY PALMER STATED THAT THE BOARD SHOULD BASE THEIR DECISION ON THE PRESENTED FACTS AND THAT EACH CASE SHOULD BE WEIGHTED ON THERE OWN MERIT. MOTION BY MRS. HEINICKE, SECONDED BY MR. SHIELDS, THAT THE VARIANCE BE GRANTED. ROLL CALL: AYES: NAYS: MR. STEPHENSON MR. MATTHEWS MR. SHIELDS MRS. HEINICKE CHAIRMAN PRIORE MOTION CARRIED. CHAIRMAN PRIORE STATED THAT HE HAD BEEN THE CHAIRMAN OF THE BOARD OF ADJUSTMENTS FOR APPROXIMATELY SlX (6) YEARS AND THAT HE WOULD LIKE TO STEP DOWN FROM THE CHAIR AND BE JUST A REGULAR MEMBER AND HE WOULD APPRECIATE SOMEONE FROM THE BOARD TO BE CHAIRMAN. MR. STEPHENSON STATED THAT HE WOULD ACCEPT THE JOB IF NO ONE OBJECT- ED OR WANTED THE POSITION. MR. PRIORE STATED THAT HE WOULD ACCEPT THE JOB OF VICE CHAIRMAN IF NO ONE OBJECTED OR WANTED THE POSITION. THE BOARD UNAMINOUSLY CONSENTED TO THE PROPOSAL OF THE CHAIRMAN AND VICE CHAIRMAN. THERE BEING NO FURTHER BUSINESS MR. PRIORE ADJOURNED THE MEETING AT 2:20 P.M. -2- CASE # 85-01 CITY OF SEBASTIAN FLORIDA Board of Adjustments GRANT OF VARIANCE 'FO: David E. Waite and Elizabeth Waite ADDRESS: 1530 Addie Street, Sebastian, Florida 32958 LEGAL DESCRIPTION: Lot 5, Block 392, Unit 11, Sebastian Highlands ORDER The Applicants, on May 21, 1.985, presented their case to the City of Sebastian Board of Adjustment for a variance to the ten (10) foot side yard set back requirement. The residence in question is located 2.64 feet from the South side yard as a result of an erroneous survey. At the time of the construction of the house, the lots on both the North and South of the subject lot were vacant and unimproved. Neither the builder nor the City Building Inspector were able to discover the incorrect survey stakes on the property. After the house was constructed an "as built" ~urvey was made and ir. was then discovered that the residence was ~n violation of the required side yard setback of ten (10) feet. There was no evidence that the applicants knew or should have known of the in- correct survey. The residence to the South of the subject lot is situated approximately fifty (50) feet South of the subject house, having been built on two (2) eighty (80) foot lots. There is adequate seperation between the subject house and the house to the South. This variance will not constitute any change in the zoning district or the Comprehensive Land Use Plan of the C~ty; will not impair any adequate seperation between buildings or xmpair an adequate supply of light and air; will not materially xncrease congestion xn public streets; will not materially increase the danger of fire or public safety; will not materially diminish or impair establis'hed property values within the surrounding area; and will not impair the public health, safety, morals, or general welfare of the City of Sebastian, Florida. This Variance was GRANTED on May 21, 1.985, by a vote of FOUR (4) VOTES IN FAVOR of passage and ONE (1) VOTE AGAINST passage. A VARIANCE of 7.36 Feet, more or less, iS ttEREBY GRANTED to the South Side Yard Setback to the subject residence. A l i-~eral enforcement of the subject ten (10) foot side yard setback re- quirement would constitute an undue hardship to the applicants. This Variance runs with the land. CiTY OF SEBASTIAN, FLORIDA BOARD OF ADJUSTMENTS Secretary to the Board CITY OF SEBASTIAN FLORIDA Board of Adjustments GRANT OF VARIANCE David E. WRite and Elizabeth WRite ADDRESS: 1530 Addie Street, Sebastian, Florida 32958 ~ ~3 ORDER ~'" gThe Applicants, on ~ay 21, 1985, presented their case to the / ity of Sebastian Board uf Adjustment for a variance to the ten (10) ~ard side yard set back requirement.~ The residence in question is ~h'~.~oca'ted 2.64 feet from the South side yard as a result of an erroreous ~-~ "Survey.. At the time of the construction of the house, the lots on b©]th the North and South of the subject lot were vacant and unimproved. Neither the builder nor the City Building Inspector were able to dis- cover the incorrect survey stakes on the property. After the house was constructed an "as built" survey was made and it was then discovered that the residence was in violation of the required side yard setback of ten (10) feet. There was no evidence that the applicants knew or should have known of the incorrect survey. The residence to the South of the subject lot is situated approximately fifty (50) feet South of the subject house, having been built on two eighty 80) foot lots. There is adequate seperation Fbetween the subject(h~ours and the house to the South. This variance will not constitute any change in the zoning district or the Comprehensive Land Use Plan of the City; will not impair any adequate seperation between buildings or impair an adequate supply of light and air; will not materially increase congestion in public streets; will not materially' increase the danger of fire or public safety; will not materially diminish or impair established property values within the surrounding area; and will' not impair the public health, safety, morals, or ~eneral welefare of the City of Sebastian, Florida. This Variance was GRANTED on May 21, 1985, by a vote of FOUR (4)VOTES IN FAVOR of passage and ONE (1) VOTE AGAINST passage, , A'VARIANCE OF 7.36 Feet, more or less, IS HEREBY GRANTED to the South Side Yard Setback to the subject residence. A literal enforcement of the subject ten (10) yard sideback requirement would constitute an undue hardship to the applicants. This Variance runs ~ith the land. CITY OF SEBASTIAN BOARD OF ADJUSTMENTS Secretary to the Board