Loading...
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