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HomeMy WebLinkAbout08111992BOA City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA BOARD OF ADJUSTMENT TUESDAY, AUGUST 11, 1992 3:00 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. OLD BUSINESS: 5. PUBLIC HEARING: 7. 8. 9. APPROVE APRIL 27, 1992 MINUTES ROY WISSEL, IN REGARDS TO LOTS 46, 47, 48, BLOCK 492, SEBASTIAN HIGHLANDS UNiT 12, IS REQUESTING A VARIANCE ALTER AN EXISTING OFFICE BUILDING WHICH HAS 24 PARKING STALLS WHEREAS THE ORDINANCE WOULD REQUIRE 33 PARKING STALLS. SPECIFICALLY, THIS USE WOULD REQUIRE 15 STALLS AND THE APPLICANT PROPOSES ONLY 6 STALLS. CHAIRMANS MATTERS: COMMITTEE MATTERS: BUILDING OFFICIAL MATTERS: 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, AUGUST 11, 1992, AT 3:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-8.2 13 OF THE SEBASTIAN LAND DEVELOPMENT CODE. ROY WISSEL, IN REGARDS TO LOTS 46, 47, 48, BLOCK 492, SEBASTIAN HIGHLANDS UNIT 12, IS REQUESTING A VARIANCE TO ALTER AN EXISTING OFFICE BUILDING WHICH HAS 24 PARKING STALLS WHEREAS THE ORDINANCE WOULD REQUIRE 33 PARKING STALLS. SPECIFICALLY, THIS USE WOULD REQUIRE 15 STALLS AND THE APPLICANT PROPOSES ONLY 6 STALLS. 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: JULY 27, 1992 AUGUST 3, 1992 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, AUGUST 11, 1992, AT 3:00 P.M. IN THE CITY COUNCIL CHAMBERS. JAN KING, 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.) :jk BOARD OF ADJUSTMENT "SPECIAL MEETING" AUGUST 11, 1992 - 3:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN HUSK AT 3:00 P.M. THE PLEDGE OF ALLEGIANCE WAS LED BY CHAIRMAN HUSK. ROLL CALL: PRESENT: JAMES HUSK, CHAIRMAN ALAN SHISGAL, VICE CHAIRMAN FRED BUECHLiNG DONALD ELSESSOR, ALTERNATE ABSENT: ALFRED VILARDI (EXCUSED) JOHN PRICE (EXCUSED) CRANFORD SPROUL (EXCUSED) IT IS NOTED THAT DONALD ELSESSOR, ALTERNATE, WILL ACT IN BEHALF OF ALFRED VILARDI WHO IS ABSENT. ALSO PRESENT: BRUCE COOPER, DiR. OF COMMUNITY DEVELOPMENT RICHARD TORPY, ASSISTANT CITY ATTORNEY OLD BUSINESS: MOTION BY FRED BUECHLING, SECONDED BY ALAN SHISGAL, TO APPROVE THE MINUTES OF THE APRIL 27, 1992 MEETING, AS WRITTEN. ROLL CALL: YES: JAMES HUSK, CHAIRMAN ALAN SHISGAL, VICE CHAIRMAN FRED BUECHLING DONALD ELSESSOR NO: NONE MOTION CARRIED. PUBLIC HEARING: ROY WISSEL, IN REGARDS TO LOTS 46, 47, 48, BLOCK 492, SEBASTIAN HIGHLANDS UNIT 12, IS REQUESTING A VARIANCE TO ALTER AN EXISTING OFFICE BUILDING WHICH HAS 24 PARKING STALLS WHEREAS THE ORDINANCE WOULD REQUIRE 33 PARKING STALLS. SPECIFICALLY, THIS USE WOULD REQUIRE 15 STALLS AND THE APPLICANT PROPOSES ONLY 6 STALLS. PAGE 2 TODD SMITH, A FLORIDA REGISTERED ENGINEER WITH PETERSON & VOTAPKA, WAS PRESENT TO REPRESENT THE APPLICANT. THIS FIRM CONDUCTED A PARKING STUDY WHICH WAS PRESENTED TO THE BOARD TO DEMONSTRATE THAT THE EXISTING SIX SPACES WHICH HAVE BEEN ALLOTTED TO THE BAY FOR WHICH THIS VARIANCE IS BEING REQUESTED WILL BE ADEQUATE TO PROVIDE THE PARKING NEEDED FOR THIS OFFICE. MR. WISSEL IS PROPOSING A SATELLITE OFFICE FOR AN ORTHODONTIST WHOSE MAIN LOCATION IS IN VERO BEACH. THE CONCLUSION OF THE PARKING STUDY REGARDING TWO ORTHODONTIST OFFICES IN VERO BEACH SHOWS THAT A RATIO OF 1 PARKING STALL TO 200 SQUARE FOOT OF BUILDING WAS ADEQUATE. IT ALSO WORKS OUT TO APPROXIMATELY ONE PARKING SPACE PER DENTAL CHAIR. MR. SMITH ALSO PRESENTED SOME ADDITIONAL INFORMATION OUT OF THE INSTITUTE OF TRANSPORTATION ENGINEERS PARKING GENERATION MANUAL. THEIR INFORMATION SEEMS TO AGREE WITH THE 1 TO 200 RATIO. THE APPLICANT FEELS THAT THE CODE AT 15 SPACES (10 SPACES MINIMUM PER DOCTOR AND 5 SPACES FOR EMPLOYEES) IS EXTREMELY RESTRICTIVE ON A FACILITY SUCH AS THIS. THIS OFFICE WILL BE STAFFED BY ONE DOCTOR AND ONE ASSISTANT. THE QUESTION WAS ASKED WHETHER THE OFFICE WOULD BE USED ONLY PART TIME. MR. COOPER NOTED THAT DR. BARKETT HAS INDICATED THAT THE OFFICE MAY BE USED ONLY ONCE A MONTH BUT THE USAGE COULD INCREASE. THERE IS A CLAUSE IN THE CODE WHICH ALLOWS JOINT USE PARKING WITH OTHER TENANTS IF THEIR HOURS DO NOT CONFLICT. HOWEVER, THE HOURS OF OPERATION WOULD BE THE SAME IN THIS CASE. THE PARKING MUST BE SUFFICIENT FOR THE ONE DAY HE IS OPEN REGARDLESS OF THE UNOCCUPIED DAYS OF THE MONTH. MR. COOPER SUGGESTED THAT THE BOARD LOOK AT THE TRAFFIC GENERATED WITH THIS USAGE BASED ON THE AMOUNT OF SQUARE FOOTAGE OR BASED ON THE AMOUNT OF CHAIRS. THE CODE IS BASED ON SQUARE FOOTAGE AT A MINIMUM RATE OF 15 SPACES, 5 FOR EMPLOYEES AND 10 FOR A DOCTOR. DR. BARKETT INDICATED TO MR. COOPER THAT THIS FACILITY WOULD HAVE FOUR CHAIRS. ONE CHAIR IS KEPT FOR AN EMERGENCY BASIS. ONE CHAIR IS FOR EXAMINATIONS. THE TWO REMAINING CHAIRS ARE WORKING CHAIRS. HE IS NOT WILLING TO LIMIT HIS OPERATION TO TWO CHAIRS. THE PARKING STUDY WAS DISCUSSED. PAGE 3 MR. COOPER ADVISED THE BOARD TO REVIEW THE SINGLE UNIT WITH ITS EXISTING 6 PARKING STALLS, AND NOT TO LOOK AT THE ENTIRE BUILDING SINCE THE OTHER TENANTS MAY CHANGE. THERE iS NO OFF STREET PARKING AVAILABLE OTHER THAN WHAT NOW EXISTS IN THE DESIGNATED PARKING AREA. ROY WISSEL, OWNER OF THE BUILDING, iNDICATED THAT THERE IS NO ADDITIONAL SPACE AVAILABLE ON THIS SITE FOR MORE PARKING. MR. SMITH NOTED THAT ONE UNIT IN THIS BUILDING IS A TRADE ORIENTED BUSINESS (AN ELECTRICIAN) AND DOES NOT USE THE PARKING WHICH IS ALLOTTED TO HIS UNIT. MR. COOPER NOTED THAT THE CODE FOR OFFICE SPACE AND RETAIL SPACE IS THE SAME. MR. COOPER NOTED THAT A SPLIT USAGE IS POSSIBLE. MR. WISSEL INDICATED THAT THE ELECTRICIAN IS USING HALF OF THE UNIT FOR OFFICE FACILITIES AND HALF FOR STORAGE. OFFICE SPACE REQUIRES ONE PARKING STALL FOR EVERY 200 SQUARE FEET. WAREHOUSING REQUIRES ONE SPACE FOR EVERY 1000 SQUARE FEET. SINCE THE UNIT HAS 1200 SQUARE FEET, THEY WOULD ONLY BE REQUIRED TO HAVE 4 PARKING STALLS. THE OTHER TWO STALLS COULD BE ALLOTTED TO THE DENTIST FACILITY. AGAIN, THIS IS ONLY IF THE ELECTRICAL PLACE STAYS THERE OR IF THE USE REMAINS THE SAME. MR. SMITH HOPED THAT THE BOARD WOULD FIND SIX STALLS TO BE ADEQUATE FOR THIS USAGE, INSTEAD OF RESTRICTING ANOTHER UNIT TO LESSER PARKING. THE PUBLIC HEARING WAS OPENED AT 3:30 P.M. THERE BEING NO PUBLIC INPUT, THE PUBLIC HEARING WAS CLOSED AT 3:30 P.M. MORE DISCUSSION FOLLOWED REGARDING THE PARKING STUDY. VARIOUS RESTRICTIONS WERE DISCUSSED REGARDING GRANTING OF THIS VARIANCE. MOTION BY MR. BUECHLING, SECONDED BY MR. ELSESSOR, TO ACCEPT THE PARKING AREA AS IS WITH THE RESTRICTION THAT NO MORE THAN ONE DENTIST USE THAT FACILITY AT A TIME. PAGE 4 ROLL CALL: YES: NO: FRED BUECHLING DONALD ELSESSOR JAMES HUSK, CHAIRMAN ALAN SHISGAL, VICE CHAIRMAN MOTION DENIED. MR. COOPER SUGGESTED THAT MORE DISCUSSION TAKE PLACE AND THAT THE BOARD TRY TO FIND THE FACTS ON WHICH THE VARIANCE IS BEING GRANTED OR DENIED. MR. TORPY ADVISED THE BOARD TO BE VERY CAREFULLY WHEN THEY MOVE ON THE VARIANCE TO STATE SOME KIND OF FACTUAL SUPPORT FOR THE VARIANCE. IF YOU BELIEVE THE TYPE OF BUSINESS GOING IN HERE DOES NOT GENERATE THE TRAFFIC FLOW THAT WAS CONTEMPLATED BY THE CODE, YOU ARE GIVING THEM RELIEF FROM THE PARKING REQUIREMENTS. IF YOU BASE IT ON THE PARKING STUDY, MAKE SOME FACTUAL FINDING IN THE MOTION. MR. TORPY ALSO NOTED THAT YOU MUST FIND SOME SPECIAL CONDITION AND MORE IMPORTANTLY, THAT IT WAS NOT CAUSED BY THE APPLICANT. MR. COOPER ASKED THE BOARD TO FIND WHETHER THE APPLICANT HAD PROVIDED ENOUGH INFORMATION TO PROVE THAT THE CODE WAS TOO STRICT. THEN, WHAT RATIONALE DO YOU USE TO JUSTIFY THE PARKING? MR. TORPY STATED THAT THE BURDEN OF THE APPLICANT IS TO BRING ENOUGH INFORMATION TO THE BOARD TO JUSTIFY THIS VARIANCE. MR. HUSK ASKED iF THE PARKING STUDY WOULD REPRESENT ALL YEAR OR WOULD THERE BE A SEASONAL VARIATION. MR. SMITH DID NOT HAVE THIS INFORMATION. AFTER FURTHER DISCUSSION, MR. BUECHLING STATED THAT BASIC COMMON SENSE ALONG WITH THE PARKING STUDY WOULD iNDICATE THAT ONE DENTIST CANNOT GET HIS HANDS INTO MORE THAN ONE MOUTH AT A TIME. IF THEY LIMIT IT TO ONLY ONE DENTIST AT A TIME, THEY ARE NOT GOING TO HAVE THAT MUCH PATIENT TRAFFIC GOING THROUGH THERE. THEREFORE, MOTION WAS MADE BY MR. BUECHLING TO ACCEPT THE VARIANCE WITH THE LIMITATIONS OF: NO MORE THAN ONE DENTIST WORKING IN THE OFFICE AT A TIME. TWO ADDITIONAL PARKING SPACES BE PROVIDED BY USING HALF OF HARPER ELECTRIC'S SPACE AS WAREHOUSE SPACE. PAGE 5 MR. TORPY ASKED THAT MR. BUECHLING AMEND THE SECOND LIMITATION TO BE CONDITIONAL ON THERE BEING TWO ADDITIONAL PARKING SPACES. HOW THE OWNER COMES UP WITH THESE PARKING SPACES IS NOT THE CONCERN OF THE BOARD. THIS WILL GIVE THE OWNER MORE FLEXIBILITY WITH HIS LEASES. MR. BUECHLING AMENDED HIS MOTION TO ACCEPT THE VARIANCE WITH THE FOLLOWING LIMITATIONS: ~ 1. NO MORE THAN ONE DENTIST WORKING IN THE OFFICE AT A TIME. TWO ADDITIONAL PARKING SPACES BE ALLOCATED FROM THE PARKING REQUIREMENTS FOR THE REST OF THE BUILDING. MOTION WAS SECONDED BY MR. ELSESSOR. ROLL CALL: YES: JAMES HUSK, CHAIRMAN FRED BUECHLING DONALD ELSESSOR NO: ALAN SHISGAL, VICE CHAIRMAN MOTION CARRIED. CHAIRMAN MATTERS: NONE COMMITTEE MATTERS: NONE BUILDING OFFICIAL MATTERS: NEW BUSINESS: NONE NONE MOTION TO ADJOURN BY MR· SHISGAL, SECONDED BY MR. BUECHLING. MOTION CARRIED. MEETING WAS ADJOURNED AT 3:55 P.M.