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HomeMy WebLinkAbout06011993BOA City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589*5570 AGENDA BOARD OF ADJUSTMENT TUESDAY, JUNE 1, 1993 3:00 P.M. 2. 3. 4. 7. 8. 9. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OLD BUSINESS: APPROVE MINUTES OF MAY 4, 1993, REGULAR MEETING. PUBLIC HEARING: PETER TARBELL OF REALTYLINE, INC., IN REGARDS TO LOT 20, BLOCK 312, SEBASTIAN HIGHLANDS UNIT #13, IS REQUESTING A VARIANCE TO PERMIT A SEPTIC SYSTEM. WITHIN THE REAR YARD WHEREAS THE ORDINANCE REQUIRES THE SEPTIC SYSTEM TO BE PLACED WITHIN THE FRONT OR SIDE YARD. APPLICANT ALSO WISHES TO PLACE A WELL IN THE FRONT YARD WHEREAS THE ORDINANCE REQUIRES ALL WELLS TO BE PLACED BEHIND THE FRONT BUILDING LINE OR IN THE REAR YARD. CHAIRMANS MATTERS: COMMITTEE MATTERS: BUILDING OFFICIAL MATTERS: NEW BUSINESS: ELECT NEW CHAIRMAN AND VICE-CHAIRMAN- 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 s 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, JUNE 1, 1993, AT 3:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-5.6 OF THE SEBASTIAN LAND DEVELOPMENT CODE. PETER TARBELL OF REALTYLINE INC., IN REGARDS TO LOT 20, BLOCK 312, SEBASTIAN HIGHLANDS UNIT #13, IS REQUESTING A VARIANCE TO PERMIT A SEPTIC SYSTEM WITHIN THE REAR YARD WHEREAS THE ORDINANCE REQUIRES THE SEPTIC SYSTEM TO BE PLACED IN THE FRONT OR SIDE YARD. APPLICANT ALSO WISHES TO PLACE A WELL IN THE FRONT YARD WHEREAS THE ORDINANCE REQUIRES ALL WELLS TO BE PLACED BEHIND THE FRONT BUILDING LINE OR IN THE REAR YARD. 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: MAY 17, 1993 MAY 25, 1993 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PUBLIC MEETING ¢IT¥ 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, JUNE 1, 1993, AT 3:00 P.M. IN THE CITY COUNCIL CHAMBERS. ~UZ~ELL, SECRETARY SEBASTIAN BOARD OF ADJUSTMENT 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 JUNE 1, 1993 - 3:00 P.M. THE MEETING WAS CALLED TO ORDER BY CHAIRMAN JAMES HUSK AT 3:00 P.M. THE PLEDGE OF ALLEGIANCE WAS LED BY MR. HUSK. ROLL CALL: PRESENT: MR. HUSK, CHAIRMAN MR. SHISGAL MR. ViLARDI MR. SPROUL, ALTERNATE ABSENT: MR. PRICE MR. BUECHLING MR. ELSESSOR, ALTERNATE iT IS NOTED THAT MR. SPROUL, ALTERNATE, WILL ACT IN BEHALF OF MR. PRICE, WHO IS ABSENT. ALSO PRESENT: BRUCE COOPER, DIR. OF COMMUNITY DEVELOPMENT. OLD BUSINESS: MOTION BY MR. SPROUL, SECONDED BY MR. HUSK, TO APPROVE MINUTES OF THE MAY 4, 1993, REGULAR MEETING. MOTION CARRIED. PUBLIC HEARING: PETER TARBELL OF REALTYLINE, INC., IN REGARDS TO LOT 20, BLOCK 312, SEBASTIAN HIGHLANDS UNIT #13, IS REQUESTING A VARIANCE TO PERMIT A SEPTIC SYSTEM WITHIN THE REAR YARD WHEREAS THE ORDINANCE REQUIRES THE SEPTIC SYSTEM TO BE PLACED WITHIN THE FRONT OR SIDE YARD. APPLICANT ALSO WISHES TO PLACE A WELL IN THE FRONT YARD WHEREAS THE ORDINANCE REQUIRES ALL WELLS TO BE PLACED BEHIND THE FRONT BUILDING LINE OR IN THE REAR YARD. THERE WASN'T ANYONE PRESENT TO SPEAK ON BEHALF OF THE APPLICANT. MR. COOPER REQUESTED THAT THE REQUEST OF VARIANCE BE CONTINUED UNTIL THE JULY 6, 1993 MEETING, DUE TO A CLERICAL ERROR THAT THE APPLICANT DID NOT RECEIVE NOTICE OF THE MEETING OF THIS DATE AND TIME. PAGE TWO HE WENT ON TO SAY THAT THE MEETING WILL NOT BE RE-ADVERTISED BUT WILL BE CONTINUED UNTIL JULY 6, IF THE BOARD SO INCLINED. MR. SPROUL QUESTIONED IF ANYONE ON THE BOARD WOULD OPPOSE THE VARIANCE, THAT IT CLEARLY SEEMED TO BE A HARDSHIP? MR. SHISGAL SAID YES. MR. COOPER STATED THAT THIS WILL NOT BE A TYPICAL VARIANCE FOR A SEPTIC TANK SYSTEM, IN FACT STAFF WILL BE RECOMMENDING DENIAL OF THIS PARTICULAR CASE. IN VIEW OF THE APPLICANTS NOT BEING HERE, STAFF iS REQUESTING THAT THE WE DO CONTINUE THE CASE. HE ALSO STATED THE THERE IS A POSSIBILITY OF WITHDRAWAL DUE TO THE FACT THAT STAFF WILL BE SENDING THE APPLICANT A LETTER STATING THEIR POSITION OF DENIAL IN THIS MATTER. MR. SPROUL WONDERED IF IT WAS THE POSITION OF THE CITY, DENYING THE USE OF THIS LOT, BASED ON WHAT OTHER PEOPLE HAVE DONE? MR. COOPER RESPONDED THAT BASICALLY WE ARE LOOKING AT A SITUATION THAT'S UNIQUE. GRANTING OF THIS VARIANCE WiLL MAKE ANOTHER LOT UNBUILDABLE. MR. COOPER WENT ON TO SAY THAT HE WOULD RATHER NOT SPEAK ANYMORE ON THE CASE. MR. VILARDI MADE A MOTION TO EXTEND THE MEETING UNTIL WE ARE INFORMED AGAIN OF THE MEETING WHICH WILL BE HELD JULY 6, 1993. A SURROUNDING PROPERTY OWNER THOUGHT IT WAS STRANGE THAT SHE RECEIVED NOTICE OF THE MEETING AND THE APPLICANT DIDN'T. MR. COOPER STATED THAT THE APPLICANT IS NOT AN ABUTTING OWNER, WHICH BY LAW HAS TO RECEIVE NOTICE OF THE MEETING. IN THIS CASE THE SECRETARY BEING NEW TO THE BOARD WAS NOT ACCUSTOMED TO SENDING THE APPLICANT NOTICE OF THE MEETING. THE APPLICANT ALSO NEW THE MEETING WOULD BE IN JUNE BUT, DID NOT KNOW THE SPECIFIC DATE AND TIME UNTIL THIS MORNING. ANOTHER SURROUNDING PROPERTY OWNER SHOWED CONCERN IN THE VARIANCE BEING GRANTED. MR. COOPER EXPLAINED THAT STAFF IS RECOMMENDING AGAINST THE VARIANCE BUT, THE BOARD MAKES THE FINAL DECISION, A THIRD SURROUNDING PROPERTY OWNER STATED THAT SHE HAD TAKEN OFF WORK TODAY TO BE AT THE MEETING AND HAS MADE A LONG PAGE THREE DISTANCE TELEPHONE CALL TO THE PEOPLE WHO OWN THE LOT BEHIND THE LOT IN QUESTION, AND SHE OWNS THE LOT NEXT TO THEIRS. SHE WENT ON TO SAY THE IT WOULD CREATE A HARDSHIP FOR ALL OF' US. MR. COOPER ASKED IF SHE WOULD BE ABLE TO ATTEND NEXT MONTHS MEETING. SHE STATED SHE WASN'T SURE. MR. COOPER SUGGESTED TO CHAIRMAN HUSK THAT WE OPEN THE PUBLIC HEARING TO ALLOW THE SURROUNDING PROPERTY OWNERS TO SPEAK AND ASK THAT THE MEETING BE CONTINUED SO THIS WOULD AFFORD THOSE WHO ATTENDED TODAY THE CHANCE TO SPEAK ON THEIR BEHALF. MR. VILARDI WITHDREW HIS MOTION. CHAIRMAN HUSK OPENED THE PUBLIC HEARING AT 3:07. ADELINE VERDI, OWNER OF LOT 19, [NOTE: THIS LOT NUMBER IS INCORRECT] SEBASTIAN HIGHLANDS UNIT 13. HER OPINION WAS THAT IF WE GIVE THEM THE OPPORTUNITY TO PUT SOMETHING ON THEIR PROPERTY TO STOP ANY ONE OF THE SURROUNDING PROPERTY OWNERS FROM BUILDING, IT WOULD BE VERY UNFAIR. SHE BOUGHT PROPERTY WITH THE UNDERSTANDING THAT SHE COULD BUILD ON IT. MS. VERDI WENT ON TO SAY THAT IF THE BOARD GIVES SOMEONE ELSE THE RIGHT TO STOP HER, SHE WANTS TO FIND OUT WHY. MR. SPROUL QUESTIONED HOW IT WOULD STOP HER? MS. VERDI REPLIED THAT THEY ARE GOING TO PUT THE SEPTIC TANK ON THE SIDE OF THE HOUSE, SO WHAT DOES THAT MEAN? MR. SPROUL STATED IT WOULD HAVE TO GO ON THE OPPOSITE SIDE OF MS. VERDI. SHE RESPONDED THAT IT WOULD HURT THE NEIGHBOR ON THE OTHER SIDE. MR. SPROUL SAID IT WOULDN'T BECAUSE THERE IS ROOM THERE UNDER THE CODE. MS. VERDI ASKED IF HE WAS TELLING HER THAT IF THEY HAD A VARIANCE TO PUT IT IN THERE THAT WE COULD PUT ONE IN THE SAME SPOT. MR. SPROUL STATED THAT THE VARIANCE IS FROM THE FRONT YARD TO THE BACK YARD AND HAS NO EFFECT ON THE DISTANCE FROM HER PROPERTY. PAGE FOUR MR. COOPER QUESTIONED IF SHE OWNED LOT 19 BECAUSE, THE SURVEY SHOWS A HOUSE ON LOT 197 A SURROUNDING PROPERTY OWNER STATED THAT SHE WAS LOT 19. MR. COOPER ASKED MS. VERDI IF SHE HAD A VACANT LOT? SHE REPLIED THAT SHE DID. MR. COOPER WAS TRYING TO FIGURE OUT WHERE MS. VERDI'S PROPERTY WAS. THE BOARD WAS BRIEFLY DISCUSSING ANY ALTERNATIVES. MR. COOPER INFORMED MS. VERDI THAT SHE WAS WITHIN THE 200' RADIUS BUT, ACTUALLY NOT NEAR THE PETITIONER. HE THEN SHOWED HER WHERE THE LOT WAS SITUATED. MS. VERDI IS ACTUALLY LOT 20, BLOCK 313, UNIT 13. MS. VERDI STATED THAT SHE STILL OBJECTED TO THE VARIANCE. RUTH ANN WORTHEN APPROACHED THE PODIUM, SHE IS THE OWNER OF 1221 WHITMORE STREET, LOT 19, BLOCK 312, UNIT 13. MS. WORTHEN OBJECTS TO THE VARIANCE. SHE STATED THAT IF THE VARIANCE WERE GRANTED THE SEPTIC TANK WOULD POLLUTE HER WELL, WHICH IS WITHIN 10-20' OF THE LINE. NOT ONLY THAT BUT, DURING EXTREME RAINING SEASON THE WATER DRAINS INTO THAT AREA AND POLLUTE NOT ONLY HER WELL BUT MR. AND MRS. ROY SMALL'S WELL. SHE PRESENTED A LETTER FROM THEM AND READ FROM IT SINCE THEY WERE UNABLE TO ATTEND. MS. WORTHEN WENT ON TO SAY THAT SHE SHOULDN'T BE JEOPARDIZED AND HAVE TO MOVE HER WELL BECAUSE SOMEONE ELSE MADE A MISTAKE. MS. WORTHEN SUBMITTED THE LETTER FROM MR. AND MRS. SMALL FOR THE RECORD. MR. COOPER REMINDED THAT THE BOARD IS ONLY REVIEWING THE LOCATION OF THE SEPTIC SYSTEM AND THAT H.R.S. HAS TOTAL CONTROL OVER REQUIREMENTS OF SEPTIC AND WELL. THIS BOARD IS NOT LOOKING AT iNCREASING OR DECREASING THE VIABILITY OF ANY SEPTIC OR WELL PERSAYo THE ASPECT THAT MAKES THIS AN UNUSUAL CASE IS THERE ARE AREAS THAT HAVE ALLOWED, IN THE DISTANT PAST, SEPTICS IN THE REAR WHICH MAKES THIS A DOMINO EFFECT. THIS BOARD HAS BEEN SYMPATHETIC TO ENSURE THAT EVERYBODY CAN BUILD ON THEIR LOTS. IN THIS CASE THERE IS A LOT THAT BY GRANTING THIS VARIANCE COULD MAKE IT UNBUILDABLE AND THAT IS WHAT THE CITY IS CONCERNED WITH. MR. COOPER SUGGESTED THAT THE SURROUNDING PROPERTY OWNERS CONCERNS FOR THEIR DRINKING WATER SHOULD BE DIRECTED TO THE HEALTH DEPARTMENT. PAGE FIVE MR. SPROUL ASKED MR. COOPER WHICH LOT WOULD BECOME UNBUILDABLE IF THE VARIANCE WERE GRANTED? MR. COOPER REPLIED THAT THE APPLICANT CAME TO HIM INQUIRING ABOUT THE VARIANCE AND LOOKING AT THE SURVEY HE COULDN'T SEE A PROBLEM. AFTER INVESTIGATION IT WAS REVEALED THAT THE SURVEYOR MADE AN ERROR BY STATING THAT LOTS 1 & 2, BLOCK 312, UNIT 13, ARE IMPROVED. THAT IS WHAT THE CONCERNS ARE AT THIS TIME. MR. COOPER STATED THAT HE WOULD RATHER HAVE THE ATTORNEY HERE TO ADVISE. MR. COOPER STATED THAT THERE IS A LETTER iN THE PACKETS ADDRESSED TO HIM AND A RESPONSE BACK STATING HIS POSITION. MR. COOPER CORRECTED HIMSELF, LOT 22, BLOCK 312 IS NOT AN IMPROVED LOT [LOTS 1 & 2, BLOCK 312 ARE IMPROVED]. MR. COOPER MENTIONED THAT WHEN HE SEES A SURVEY PREPARED BY A REGISTERED LAND SURVEYOR, HE WOULD DEFINITELY MAKE A RECOMMENDATION BASED ON THE INFORMATION PROVIDED. IF IT'S ERRONEOUS THE APPLICANTS CLAIM SHOULD BE WITH THE SURVEYOR. MR. HUSK MENTIONED THAT THE MS. VERDI AND MS. WORTHENS COMMENTS HAVE BEEN RECORDED. MR. VILARDI MADE A MOTION, SECONDED BY MR. SHISGAL, TO CONTINUE THIS HEARING UNTIL THE NEXT MEETING, JULY 6, 1993, 3:00 P.M. ROLL CALL: YES: MR. HUSK MR. SHISGAL MR. VILARDI MR. SPROUL MOTION CARRIED. CHAIRMANS MATTERS: NONE COMMITTEE MATTERS: THERE WAS A BRIEF DISCUSSION ABOUT KITE FLYING AND SIGNAGE. MR. SPROUL HAD CERTAIN QUESTIONS REGARDING THE VARIANCE AND THE INTENT OF THE CODE. MR. COOPER RESPONDED TO THEM CONCISELY. BUILDING OFFICIAL MATTERS: NONE PAGE 6 NEW BUSINESS: MR. HUSK NOMINATED MR. SHISGAL TO BE CHAIRMAN OF THE BOARD OF ADJUSTMENTS. VOICE VOTE: NOMINATION CARRIED 4-0. MR. SHISGAL MADE A MOTION TO APPOINT MR. VILARDI AS VICE- CHAIRMAN, MR. HUSK SECONDED THE MOTION. ROLL CALL: YES: MR. HUSK MR. SHISGAL MR. VILARDI MR. SPROUL MOTION CARRIED. MR. SPROUL MADE A MOTION TO ADJOURN, SECONDED BY MR. VILARDI. ROLL CALL: YES: MR. HUSK MR. SHISGAL MR. VILARDI MR. SPROUL MOTION CARRIED. MEETING ADJOURNED AT 4:02 P.M.