HomeMy WebLinkAbout07021996BOA City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
A G E N D A
BOARD OF ADJUSTMENT
TUESDAY, JULY 2, 1996
3:00 P.M.
1o CALL TO ORDER BY CITY ATTORNEY
2. ROLL CALL
3. OLD BUSINESS:
4. NEW BUSINESS
A. ORGANIZATIONAL
1. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON
2. SCHEDULE AND TIME OF MEETINGS
3. RULES OF PROCEDURE
4. AGENDA FORMAT
B. PRESENTATION BY CITY ATTORNEY
5. CHAIRMAN'S MATTERS
6. MEMBERS' MATTERS
7. STAFF MATTERS
8. 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 g SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 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 MEETING ON JULY 2, 1996,
AT 3:00 P.M. IN THE CITY COUNCIL CHAMBERS.
KATHRYN M. O'HALLORAN
CITY CLERK
CITY OF SEBASTIAN, FLORIDA
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.
BOARD OF ADJUSTMENT
REGULAR MEETING
JULY 2,1996, 3:00 P.M.
THE MEETING WAS CALLED TO ORDER BY ROBERT MASSARELLI, CITY
PLANNER, AT 3:00 P.M.
ROLl., CALL:
PRESENT:
MR. CROCKET
MR. OBERBECK
MR. CAPP
MR. DEVITO
MR. GORE
MR. BECKWiTH, ALTERNATE
MR. FREELAND, ALTERNATE
ALSO PRESENT: ROBERT MASSARELLI, CITY PLANNER
THE CITY ATTORNEY, VALERIE SETTLES, COULD NOT BE PRESENT AT
THIS MEETING.
OLD BUSINESS: NONE
NEW BUSINESS:
MR. OBERBECK RECOMMENDED TO AMEND THE AGENDA AND DISCUSS
SCHEDULE AND TIME OF MEETINGS FIRST.
MR. OBERBECK MADE A MOTION TO SCHEDULE THE MEETINGS FOR THE
FIRST TUESDAY OF EACH MONTH AT 7:00 P.M. MR. CAPP SECONDED
THE MOTION.
VOICE VOTE WAS TAKEN, UNANIMOUS 5-0.
ROBERT MASSARELLI STATED THAT SECTION 20A-11.2.C.3.a OF THE
LAND DEVELOPMENT CODE PROVIDES THAT THE BOARD SHALL ELECT A
CHAIRPERSON AND VICE CHAIRPERSON AMONG ITS MEMBERS. THE
CHAIRPERSON OR IN HIS/HER ABSENCE THE VICE CHAIRPERSON MAY
ADMINISTER OATHS AND COMPEL THE ATTENDANCE OF WITNESSES. THE
TERM OF THE OFFICERS SHALL BE FOR ONE YEAR, WITH ELIGIBILITY
FOR RE-ELECTION.
MR. CAPP MADE A MOTION TO NOMINATE MR. OBERBECK FOR
CHAIRPERSON. MR. GORE SECONDED THE MOTION.
MR. MASSARELLI ENTERTAINED A MOTION TO CLOSE THE NOMINATIONS
FOR CHAIRPERSON SINCE THERE WERE NO OTHER NOMINEES. MR. GORE
MADE THE MOTION TO CLOSE THE NOMINATIONS. MR. CAPP SECONDED
THE MOTION.
MOTION CARRIED, UNANIMOUS.
REGULAR MEETING OF JULY 2, 1996
PAGE TWO
THE MEETING WAS TURNED OVER TO CHAIRPERSON OBERBECK.
MR. GORE NOMINATED MR. CAPP FOR VICE CHAIRPERSON. MR.
CROCKET SECONDED THE MOTION.
VOICE VOTE, MOTION CARRIED 5-0.
MR. MASSARELLI RECOMMENDED THE BOARD SHOULD ADOPT ROBERT'S
RULES OF ORDER FOR PROCEDURAL MATTERS. IT IS FURTHER
RECOMMENDED THAT ALL APPLICATIONS FOR APPEALS, SPECIAL
EXCEPTIONS AND VARIANCES BE REQUIRED TO BE FILED IN THE
COMMUNITY DEVELOPMENT DEPARTMENT AT LEAST SIX WEEKS BEFORE
THE SCHEDULE MEETING OF THE BOARD OF ADJUSTMENT.
APPLICATIONS FOR EXTENSIONS OF VARIANCES OR SPECIAL
EXCEPTIONS ARE RECOMMENDED TO BE FILED AT LEAST THREE WEEKS
BEFORE THE SCHEDULED MEETING OF THE BOARD OF ADJUSTMENT.
ALSO, STAFF RECOMMENDS ADOPTING RESOLUTION R-95-39 CONCERNING
QUASI-JUDICIAL HEARINGS WHICH APPLY TO THIS BOARD.
CHAIRPERSON OBERBECK ASKED FOR A MOTION TO ACCEPT THE
RECOMMENDED RULES OF PROCEDURE AS PRESENTED BY MR.
MASSARELLI, CiTY PLANNER. MR. GORE MADE MOTION, "SO MOVED".
MR. CROCKET SECONDED THE MOTION.
VOICE VOTE, UNANIMOUS 5-0
CHAIRPERSON OBERBECK ASKED THE OTHER MEMBERS iF THEY WERE
FAMILIAR WITH EX-PARTE COMMUNICATIONS. IF ANY BOARD MEMBER
COMMUNICATES WITH ANYONE CONCERNING ANY ISSUE BEING HEARD BY
THE BOARD, PRIOR TO THAT MEETING, THEY SHOULD STATE THAT THEY
HAVE HAD COMMUNICATIONS.
A DISCUSSION WAS MADE CONCERNING THE SUNSHINE LAW. THE BOARD
MEMBERS SHOULD NOT DISCUSS ANYTHING ON THE AGENDA WITH OTHER
BOARD MEMBERS OUTSIDE OF THE MEETING.
FOR A SPECIAL EXEMPTION, STAFF WILL PUT IT ON THE PLANNING &
ZONING AGENDA FOR THE SECOND THURSDAY OF THE MONTH AND GET A
RECOMMENDATION FROM THEM. MR. MASSARELLI WILL THEN PRESENT
IT TO THE BOARD OF ADJUSTMENT.
MR. MASSARELLI STATED CURRENTLY WE HAVE A RESOLUTION ON FEES.
STAFF IS ALSO IN THE PROCESS OF EVALUATING ALL FEES AND AFTER
OCTOBER, THERE WILL BE AN ADJUSTMENT OF THE FEE SCHEDULE.
CHAIRPERSON OBERBECK ASKED ABOUT THE LIABILITY OF THE BOARD.
MR. MASSARELLI WILL PRESENT THIS CONCERN TO THE CITY
ATTORNEY.
THE BOARD MEMBERS AGREED TO MEET EVERY MONTH ON THE FIRST
TUESDAY AT 7:00 P.M. INSTEAD AS NEEDED. THEY FELT IT WOULD
BENEFIT ALL OF THEM. THEY COULD REVIEW THE LAND DEVELOPMENT
REGULAR MEETING OF JULY 2, 1996
PAGE THREE
CODE OR ASK ANY QUESTIONS THAT THEY MIGHT HAVE.
CHAIRMAN'S MATTERS: NONE
MEMBER' MATTERS: NONE
STAFF MATTERS: NONE
ADJOURN: MEETING ADJOURNED AT 3:20 P.M.
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 [] FAX (561) 589-5570
BOARD OF A~JUSTMENT
MINUTES OF MEETING HELD
APPROVED AT MEETING HELD
FR3~CI~ OB~RB~CK, CHAIRPERSON
S, SECRETARY
ADJVI.DOC