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HomeMy WebLinkAbout08051997BOA CITY OF SEBASTIAN BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING AUGUST 5, 1997 Chairman Oberbeck called the meeting to order at 7:00 P.M. ROLL CALL: PRESENT: Mr. Crockett Chmn. Oberbeck Mr. Capp EXCUSED ABSENCE: Mr. Freeland ALSO PRESENT: Mr. Gore Mr. Beckwith Mr. Devito Robert Massarelli, Community Development Director Ann Brack, Recording Secretary OLD BUSINESS: APPROVAL OF MINUTES: MOTION by Capp/Devito I make a motion to approve the December 3, 1996 minutes. A voice vote was taken. 5 - 0 motion carried. NEW BUSINESS: A. Recommendation to City Council - regular member position - term to expire 6/1/2000 MOTION by Capp/Devito I make a motion to approve to City Council that we accept Greg Gore's application for regular member position, term expiring 6/1/2000. A voice vote was taken. 5 - 0 motion carried. Chmn. Oberbeck read the procedures and format for the quasi-judicial hearing B. PUBLIC HEARING: GEORGE AND RITA DALEY, in regards to property located at 139 Columbus St., City of Sebastian, Lot 6, Block 14, Sebastian Highlands, Unit #1, are requesting a variance from section 20A-5.6 of the Sebastian Land Development Code to allow a septic system within the rear yard, whereas the Code requires the septic system to be placed in the front or side yard, and to allow placement of a well in the front yard, whereas the Code requires a BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF AUGUST 5, 1997 well to be placed within either the portion of the side yard that is not forward of the front building line or within the rear yard. At this point Mr. Capp stepped down from the Board because he is representing Mr. & Mrs. Daley. He submitted a form 8B, conflict of interest. Mr. Massarelli noted that a recent decision on procedure for land use decisions changes the order of presentation where the applicant goes first, followed by the staff. Chmn. Oberbeck asked for agreement from the applicants, which they gave. Chmn. Oberbeck opened the quasi-judicial hearing at 7:12 P.M. Mickey Capp of 109 Harbor Point Drive, Sebastian, representing George and Rita Daley, was present and gave a brief presentation on this issue. Mr. Massarelli gave staff presentation and recommended approval with the seven (7) issues noted in the staff report, and the following additional finding included in the staff report: It is further recommended that the variance only be granted for the west 30 feet of lot 6, Block 14 for the septic tank variance and the south 15 feet of the east 10 feet of lot 6, Block 14 for the well variance. Mr. Massarelli added a recommendation that the variance expire in one year if the well or septic tank have not been installed. There were no proponents and no opponents. Mr. Mike Treglio spoke to the Board about not having received a notice of this hearing, and it was explained that his purchase of the property occurred in July of 1997, and the information has not reached the tax roils as yet. All addresses for notice letters are obtained from the tax roles. Mr. Treglio proceeded to inquire about the distance of the Daley's septic from his property and home. Mr. Capp and Mr. Massarelli compared the surveys of the two properties and determined that the distance was adequate. After the discussion, Mr. Treglio commented that he and his wife do not object to the Daley's variance. Mr. Massarelli explained the discussion for the record. Chmn. Oberbeck closed the quasi-judicial hearing at 7:20 P.M. MOTION by Gore/Devito I make a motion to grant the request for variance on the stipulation that the recommendation as shown on page three (3) of our package, paragraph twenty-two (22), BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF AUGUST 5, 1997 be carded in; that there is a finding that a special condition and circumstance exists; thc special condition was not created by the applicant; that a special privilege will not be conferred if the variance is granted; on through item number 7 (of the staff report); thc variance would expire in one (1) year if the septic or well is not installed. Chmn. Oberbeck noted that a letter to Mr. Capp from the Health Department has been submitted indicating that the Health Dept. would authorize the septic based on the City of Sebastian variance approval. Roll call: Mr. Devito - yes Mr. Crockett - yes Mr. Gore - yes Chmn. Oberbeck - yes Mr. Beckwith(a) - yes The vote was 5 - 0. Motion carried. Mr. Capp returned to the dais. CHAIRMAN'S MATTERS: MEMBER'S MATTERS: None There was a short discussion on placement of septic tanks and wells which took place many years ago. STAFF MATTERS: Mr. Massarelli noted that he has received a request for a variance for an eight (8) foot fence in a situation where the owner has already received a variance on one lot for the same height fence, and now wants to continue the fence on the adjoining lot. He noted that this will come before this Board in September. He also commented on the progress on revising the Land Development Code, and noted a glitch in reference to this Boards responsibilities in "Special Exception" cases, and another section of thc Code that deals with "Special Use Permits", issued by City Council. The definition of each use is the same, so the City Attorney is researching this and has found case law where these two titles are used interchangeably. This will be workshopped with City Council and make a decision about combining these two titles into one, and whether this Board or City Council would hear these cases. He called attention to the minutes of the December meeting under Members Matters and the issue of departmental procedures. He informed the Board of the progress, and noted new forms that have been developed for all permits. He hopes to have this issue finalized in about thirty (30) days. He also informed this Board of having developed a new computerized data base which will log in all development permits. He gave further explanation on this issue. BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF AUGUST 5, 1997 He then mentioned the five (5) year update of the Comprehensive Plan and noted that a draft will be ready in the near future. He then asked if the members of this Board would be interested in looking at the Comp Plan and making suggested changes. He felt the more input into this Plan at this time, the better, and he commented that one of his goals is to make it more user friendly. He agreed to make copies of this Plan available for this Board's members. With the help of Les Solin, Consultant, who wrote the original Code, Mr. Massarelli noted that the Local Planning Agency (P & Z Commission) is working on substantive changes. He commented that after reworking this Code for other cities, it is being adopted by Key West, and that format is much better and more understandable. He noted that the Home Occupation section, Landscape and Tree Ordinance, and the Sign Ordinance all need to be rewritten, and the LPA is working on cleaning up these sections over the next six (6) months. He plans to possibly use this Board as well as others as a "sounding board". Chmn. Oberbeck adjourned the meeting at 7:34 P.M. (8/7/97AB) BOARD OF ADJUSTMENT ANN BRACK, RECORDING SECRETARY GERRY KUBES, SECRETARY BOACS.DOC City of Sebastian 1225 MAIN STREET E] SEBASTIAN, FLORIDA 32958 TELEPHONE 156~1 589-5537 ~ FAX (56~1 589-2566 AGENDA BOARD OF ADJUSTMENT TUESDAY, AUGUST 5~ 1997 1. CALL TO ORDER 2. ROLL CALL 3. OLD BUSINESS Approval of minutes of December 3, 1996. 4. NEW BUSINESS A. Recommendation to City Council - regular member position - term to expire 6/1/97. B. PUBLIC HEARING: GEORGE AND RITA DALLY, in regards to property located at 139 Columbus St., City of Sebastian, Lot 6, Block 14, Sebastian Highlands Unit # 1, are requesting a variance from section 20A-5.6 of the Sebastian Land Development Code to allow a septic system within the rear yard, whereas the Code requires the septic system to be placed in the front or side yard, and to allow placement of a well in the front yard, whereas the Code requires a well to be placed within either the portion of the side yard that is not forward of the front building line or within the rear yard. 5, CHAIRMAN'S MATTERS 6. MEMBERS' MATTERS 7. STAFF MATTERS 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 VERGATIM 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.) AGENDA.DOC City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561) 58%2566 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 AUGUST 5, 1997, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS. GERRY KUBES, SECRETARY ANN BRACK, RECORDING SECRETARY 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 TH/S 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. TWO OR MORE CITY COUNCIL MEMBERS MAY BE IN ATTENDANCE OF TI-IlS MEETING.