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HomeMy WebLinkAbout07091991BOA 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, JULY 9, 1991, AT 3:00 P.M. IN THE CITY COUNCIL CHAMBERS. SEBASTIAN BOAq~D 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. /jk City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA BOARD OF ADJUSTMENT TUESDAY, JULY 9, 1991 3:00 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. OLD BUSINESS: APPROVE MAY 14, 1991 MINUTES 5. PUBLIC HEARING: C. & M. BRADDICK, INC. IN REGARDS TO THAT PART OF LOTS 2 AND 3, AUGUST PARK SUBDIVISION, LYING EAST OF STATE ROAD NO. 5 IN SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 1, PAGE 19 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF STATE ROAD NO. 5, AND THE NORTH LINE OF SAID LOT 2, RUN SOUTH 26 39' EAST ALONG SAID RIGHT OF WAY, 107.0 FEET TO THE POINT OF BEGINNING. FROM THE POINT OF BEGINNING, RUN SOUTH 89 23' EAST, 18.0 FEET; THENCE NORTH 63 21' EAST, 58.0 FEET TO A BULKHEAD, SAID POINT BEING A MEANDER CORNER ON THE INDIAN RIVER; THENCE RUN SOUTHEASTERLY ALONG SAID BULKHEAD 124.6 FEET, MORE OR LESS, TO A POINT WHICH IS 90.0 FEET NORTHWESTERLY OF A HURRICANE FENCE POST; THENCE RUN SOUTH 65 04' WEST, 79.81 FEET TO AFORSAID EAST RIGHT OF WAY; THENCE NORTH 26 39' WEST, 130.32 FEET TO THE POINT OF BEGINNING, INCLUDING RIPARIAN RIGHTS, HAS REQUESTED A VARIANCE TO ENCLOSE A STRUCTURE THAT WOULD ENCROACH APPROXIMATELY 23 FEET INTO THE REQUIRED 25 FOOT FRONT 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 [] 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, JULY 9, 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 20A-3.12 E,4. C. & M. BRADDICK, INC. IN REGARDS TO THAT PART OF LOTS 2 AND 3, AUGUST PARK SUBDIVISION, LYING EAST OF STATE ROAD NO. 5 IN SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 1, PAGE 19 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF STATE ROAD NO. 5, AND THE NORTH LINE OF SAID LOT 2, RUN SOUTH 26 39' EAST ALONG SAID RIGHT OF WAY, 107.0 FEET TO THE POINT OF BEGINNING. FROM THE POINT OF BEGINNING, RUN SOUTH 89 23' EAST, 18.0 FEET; THENCE NORTH 63 21' EAST, 58.0 FEET TO A BULKHEAD~ SAID POINT BEING A MEANDER CORNER ON THE INDIAN RIVER; THENCE RUN SOUTHEASTERLY ALONG SAID BULKHEAD 124.6 FEET, MORE OR LESS, TO A POINT WHICH IS 90.0 FEET NORTHWESTERLY OF A HURRICANE FENCE POST; THENCE RUN SOUTH 65 04' WEST, 79.81 FEET TO AFORSAID EAST RIGHT OF WAY; THENCE NORTH 26 39' WEST, 130.32 FEET TO THE POINT OF BEGINNING, INCLUDING RIPARIAN RIGHTS, HAS REQUESTED A VARIANCE TO ENCLOSE A STRUCTURE THAT WOULD ENCROACH APPROXIMATELY 23 FEET INTO THE REQUIRED 25 FOOT FRONT 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: JUNE 24, 1991 JULY 1, 1991 BOARD OF ADJUSTMENT "SPECIAL MEETING" JULY 9, 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, VICE CHAIRMAN MARY HEINICKE ALAN SHISGAL ABSENT: WALTER SHIELDS ALSO PRESENT: RICHARD TORPY, ASSISTANT CITY ATTORNEY CATHY HILTON, CITY PLANNER OLD BUSINESS: MOTION BY JOSEPH STEPHENSON, SECONDED BY MARY HEINiCKE, TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD MAY 14, 1991, AT 3:00 P.M. AS WRITTEN. MOTION CARRIED. PUBLIC HEARING: C. & M. BRADDICK, INC. IN REGARDS TO THAT PART OF LOTS 2 AND 3, AUGUST PARK SUBDIV'JSION, LAYING EAST OF STATE ROAD NO. 5 IN SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST, iNDIAN RIVER COUNTY, ELORiDA, AS RECORDED iN PLAT BOOK 1, PAGE 19 OF THE PUBLIC RECORDS OF ST. LUC]E COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF' STATE ROAD NO. 5, AND THE NORTH LINE OF SAID LOT 2, RUN SOUTH 26 39' EAST ALONG SAID RIGHT OF WAY, .].07.0 FEET TO THE POINT OE BEGINNING. FROM THE POINT OF BEGINNING, RUN SOUTH 89 23' EAST, 18.0 F'EET; THENCE NORTH 63 21' EAST, 58.0 FEET TO A BULKHEAD, SAID POINT BEING A MEANDER CORNER ON THE INDIAN RIVER; THENCE RUN SOUTHEASTERLY ALONG SAID BULKHEAD 124.6 FEET, MORE OR LESS, TO A POINT WHICH IS 90.0 FEET NORTHWESTERLY OF A HURRICANE F'ENCE POST; THENCE RUN SOUTH 65 04' WEST, 130.32 EEET TO THE POINT OE BEGINNING, INCLUDING RIPARIAN RIGHTS, HAS REQUESTED A VARIANCE TO ERECT THREE WALLS UNDER EXISTING ROOF TO EORM EXTENSION TO EXISTING STORE TO PROVIDE FACILITIES FOR FRESH F'iSH RETAIL. PAGE 2 MR. C. BRADDICK WAS PRESENT. HE STATED THAT MAYS MARINA SELLS RETAIL FISH OUT OF THE OLD FISH HOUSE WHICH IS THE SAME AS iT HAS BEEN DONE FOR THE LAST 60 YEARS. MORE AND MORE PEOPLE ARE COMING IN TO BUY FRESH FISH AND THE APPLICANT WISHES TO PROVIDE THEM WITH A DECENT PLACE iN WHICH TO SERVE THEM. HE IS REQUESTING PERMISSION TO PUT UP THREE WALLS NOTING THAT EVERYTHING ELSE IS EXISTING. THE QUESTION WAS RAISED ABOUT THE ENCROACHMENT OF 23 EEET INTO THE REQUIRED 25 FOOT SETBACK. CATHY HILTON, CITY PLANNER, NOTED THAT THE EXISTING FENCE IS IN THE EXACT LOCATION AS THE PROPOSED WALL ADDITION, AND SHE PROVIDED PICTURES OF THE FENCE. iN OTHER WORDS, HE IS ALREADY LOCATED IN THIS SETBACK. THE APPLICANT NOTED THAT THE FENCE AND ROOF AREA HAS BEEN LOCATED iN THE SETBACK AREA LONG BEFORE THE CODES WERE EVER IN FORCE. RICHARD TORPY, ASSISTANT CITY ATTORNEY, NOTED THAT THIS STRUCTURE IS OBVIOUSLY A NONCONEORMING USE OF SOME TYPE WHICH FOR WHATEVER REASON AND HOWEVER LONG IT HAS BEEN THERE PROBABLY EXISTED PRIOR TO THE SETBACK REQUIREMENTS BEING PUT INTO PLACE. MR. BRADDICK NOTED THAT THE ROOF HAS BEEN THERE FOR 25 TO 30 YEARS. THIS CREATES A NONCONFORMING USE. THIS BOARD DOES NOT NEED TO ADDRESS THE ISSUE AS TO WHY THE ROOF IS LOCATED IN THE 25 FOOT SETBACK AREA. HOWEVER, MR. TORPY STATED THAT HE NEEDED TO DISCUSS WITH BRUCE COOPER, DIRECTOR OF COMMUNITY DEVELOPMENT, WHETHER THIS VARIANCE WOULD INCREASE THE NONCONFORMITY GOING FROM A WIRE FENCE TO WALLS. IT WAS NOTED THAT MR. COOPER HAD BEEN DELAYED RETURNING FROM THE AIRPORT AND WAS NOT PRESENT. MRS. HEINICKE ASKED IF THEY WOULD BE COMPOUNDING THE PROBLEM BY ISSUING THIS VARIANCE. THE STRUCTURE iS NOW LOCATED TWO FEET FROM THE PROPERTY LINE. MR. TORPY NOTED, HOWEVER, THAT THIS DOES NOT INCREASE THE NONCONFORMITY BY ENCROACHING FURTHER. THE ENCROACHMENT ALREADY EXISTS. WHAT THE APPLICANT WANTS TO DO iS CHANGE THE WIRE WALL TO A STRUCTURAL WALl THE APPLICANT NOTED THAT THE ROOF IS ALREADY BELD UP BY A LOAD BEARING STRUCTURE. ALL THEY ARE ASKING TO DO IS PUT iN A FASCIA (ENCLOSE IT AS A ROOM). IT WAS NOTED THAT THERE IS A RESIDENCE BEHIND THIS BUILDING AND A FISH HOUSE. THERE IS ALSO AN EXISTING APARTMENT BUILDING ON THE SOUTH SIDE. THE PARKING iSSUE WAS QUESTIONED AND THE ATTORNEY NOTED THAT THAT THIS WO[!LD BE A SEPARATE ISSUE ENTIRELY. PAGE 3 ATTORNEY TORPY RECOMMENDED THAT SINCE HE HAS SOME SIGNIFICANT QUESTIONS HE NEEDS TO ADDRESS TO MR. COOPER, THAT THE BOARD TABLE THIS TO ANOTHER HEARING. THE BOARD DISCUSSED THE LOCATION OF THiS BUILDING IN REFERENCE TO INDIAN RIVER DRIVE AND WAS 'fOLD BY THE APPLICANT THAT NO LEGAL RIGHT OF WAY EXISTS IN THIS AREA. THE ATTORNEY NOTED THAT THE SETBACK WAS NOT THE QUESTION HERE. ATTORNEY TORPY AGAIN NOTED THAT THE GENTLEMEN IS REQUESTING A VARIANCE FOR THE ENCROACHMENT, AND QUESTIONS WHETHER HE EVEN NEEDS TO BE BEFORE THIS BOARD. THE ENCROACHMENT EXISTS AND IS A NONCONFORMING USE. THE ISSUE BECOMES WHETHER OR NOT BY CHANGING A WiRE FENCE TO A WALL INCREASES A NONCONFORMITY THAT ALREADY EXISTS, WHICH IS PROHIBITED BY THE CODE. YOU CANNOT INCREASE A NONCONFORMING USE. AGAIN, HE ASKED THAT THE BOARD TABLE THIS iSSUE UNTIL HE TALKS WITH MR. COOPER TO CLARIFY THIS POINT. HE ALSO NOTED THAT IF THIS ISSUE BELONGS BEFORE THIS BOARD, BECAUSE OF THE FACT THAT HE IlS GOING FROM A WIRE FENCE TO A WALL, THAT ils SOMETHING THAT HE IS CAUSING BY HIS OWN ACTIONS AND A VARIANCE CANNOT BE GRANTED. AGAIN, ATTORNEY TORPY HAS SEVERAL SERIOUS LEGAL QUESTIONS THAT MUST BE ADDRESSED BEFORE ACTION iS TAKEN. THE BOARD HAD QUESTIONS CONCERNING PARKING, MAXIMUM BUILDING COVERAGE FOR THE LOT, GREEN AREAS AND LANDSCAPING. FOLLOWING A BRIEF DISCUSSION, MOTION BY MARY HEiNICKE, SECONDED BY JOSEPH STEPHENSON TO POSTPONE THiS REQUEST UNTIL SUCH TIME AS WE CAN DISCUSS iT WITH MR. COOPER. ROLL CALL: YES: GALE MATTHEWS JOSEPH STEPHENSON MARY HEiNiCKE ALAN SH1SGAL NO: JAMES HUSK MOTION CARRIED. CHAIRMAN MATTHEWS ASKED IF ANOTHER DATE COULD BE SET FOR A NEW HEARING. ATTORNEY TORPY NOTED THAT THIS CASE MAY NOT COME BACK BEFORE THiS BOARD IF IT IS DETERMINED THAT A VARIANCE IS NOT IN ORDER. CHAIRMAN MATTERS: NONE COMMITTEE MATTERS: NONE PAGE 4 BUILDING OFFICIAL MATTERS: NONE NEW BUSINESS: JOSEPH STEPHENSON ASKED ABOUT THE CITY PICNIC. HE ASKED THAT IT BE RELAYED THAT THEY ARE INTERESTED iN THE PICNIC AND HAD A WONDERFUL 'DIME LAST YEAR. MR. HUSK ASKED IF THE PUBLIC HEARING EOR MAYS MARINA WAS NOT SIMILAR TO THE INLET MARINA VARIANCE iN WHICH THEY HAD WALLS UP AND THE BOARD APPROVED A ROOF ADDITION. iN THiS CASE, THE ROOF' EXISTS AND THEY ARE REQUESTING TO ADD WALLS. ATTORNEY TORPY EXPLAINED THAT iN THAT CASE, THE AREA WAS FOR STORAGE OF TRASH, ETC. AND THE RAIN WAS MAKING IT A BAD SITUATION. THE USE WAS NOT TO CHANGE. IN THIS CASE, THEY ARE PROPOSING TO TOTALLY CHANGE THE USE (FROM COVERED CARPORT TO A RETAIL FISH STORE). ATTORNEY TORPY NOTED THAT TECHNICALLY YOU HAVE AI,READY CLOSED THE HEARING ON THIS AND THE APPLICANT HAS LEFT THE ROOM. HE ADVISED THAT NO FURTHER DISCUSSION SHOULD TAKE PLACE ON THIS MATTER. MOTION TO ADJOURN BY MARY HEINICKE, SECONDED BY JAMES HUSK. MOTION CARRIED. MEETING ADJ'OURNED Al' 3:30 P.M.