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HomeMy WebLinkAbout08231995BOA City of Sebastian 1225 MAIN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES BOARD OF ADJUSTMENT WEDNESDAY, AUGUST 23, 1995 6:30 P.M. Mayor Firtion called the Bom'd of AdjusUnent meeting to order at 6:30 p.m. The Pledge of Allegiance was recited. ROLL CALL;, City Council Present; Mayor Arthur L. Firtion Vice Mayor Carolyn Cotton (6:55 p.m.)' Mrs. Louise Cartva'ight Mrs. Norma Damp Mr. Rayxnond Halloran Staff Pre.~ent; City Manager, Joel Koford City Attorney, Clifton cClelland, Jr. City Clerk, Kathryn O'Halloran Director of Commmtity Development, Brace Cooper Deputy City Clerk, Sally Maio OLD .B~USINESS Approve Minutes of July 12. 1995 MOTION by Cartwright/Hallorm~ I move to approve the tnLnutes of the July 12, 1995 meeting. The City Attorney noted that Thrt Williams and not Mr. McClelland was in attendance at that meeting. ROLL CALL: Mrs. Cartva'ight - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - aye MOTION CARRIED 5-0 Board of Adjustment August 23, 1995 Page Two 5. NEW BU~SINESS PUBLIC HEARING: Edgar L. Schlitt. President of Shopping Centers. Ltd.. in_Regards to a Property_ Located all5 l 1 U.S. 1. is Requesting an Appeal/variance~f. rom Section 20a-8,..2(13) to. Reduce the Parking Requirements for a Dentist to Five Spaces (Otle Space for Every_ 200 Square Feet of Gross Building Are~. Whereas the Code Requi.res 15 Spaces (Ten Spacesper Doctor and Eiye Spaces per Employees~Z Mayor Firfion opened the quasi-judicial heating at 6:34 p.m. and the City Clerk administered an oath to those who intended to testify and noted she had no disclosure of ex-parte conununication. Mrs. Cartwright and Mayor Firtion disclosed that they had discussed the application with staff. Warren Dill, legal representation for applicant Edgar L. Schlitt, said he had no problem with communication with staff. The Director of Conununity Development explained the variance request to reduce parking requkements for Dr. DiCiano mad said, at this point, he had no recommendation. Warren Dill presented the vari,'mce request and distributed documentation relative to City of Sebastian, Indian River County and Vero Beach parking requirements, a previous variance issued by the City of Sebastian for a dentist office, and a 1992 parking study conducted by Peterson and Votapka. He stated that City of Sebastian parking regulations for medial offices are excessive and should be readdressed. Dr. DiCiano then addressed City Council. Mayor Firtion closed the quasi-judicial hearing at 7:07 p.m. The Director of Cormnunity Development said the last amendment to parking regulations was 1988 and lie did not disagree with Mr. Dill's recommendation to readdress parking requirements in this area. 2 Board of Adjustment August 23, 1995 Page Three Discussion took place on the prior variance and the fact that 600 square feet of its area was dedicated to storage. TAPE I - SIDE II (7:18 p.m.) Mrs. Cartwright suggested these types of complexes be considered "mixed use" when determining pm'king requirements. MOTION by Damp I make a inotion that we grant the variance froxn 15 to six for Dr. DiCiano. Motion died for lack of a second. MOTION by Cm-twright/Halloran I move that we grant the variance with the requirements of seven parking spaces based on two per chair and one for the employees. ROLL CALL: Mrs. Cartwright - aye Mrs. Dmnp - nay Mr. Hailoran - aye Mayor Firtion - aye Vice Mayor Cormn - nay MOTION CARILIED 3-2 (Damp, Cormn - nay) 6. CItAIRMAN'S MATTERS None. 7. MEMBERS! MATTERS None. 3 Board of Adjustment August 23, 1995 Page Three 8. BUILDING OFFICIAL MATTERS None. Being no further business, Mayor Firtion adjourned the Board of Adjustment meeting at 7:25 p.m. Approved at the Meeting. ,1995, Regular City Council Arthur L. Firtion, Mayor Katlu'yn M. O'Halloran, CMC/AAE City Clerk 4 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES BOARD OF ADJUSTMENT WEDNESDAY, AUGUST 23, 1995 6:30 P.M. Mayor Firfion called the Board of Adjustment meeting to order at 6:30 p.m. The Pledge of Allegiance was recited. ROLL CALL: Ci_ty Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum (6:55 p.m.) Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Staff Present: City Manager, Joel Koford City Attorney, Clifton cClelland, Jr. City Clerk, Kafluyn O'Halloran Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio OLD BUSINESS Ap.move Minutes of July 12, 1995 MOTION by Cartwfight/I-Ialloran I move to approve the minutes of the July 12, 1995 meeting. The City Attorney noted that Tim Williams and not Mr. McClelland was in attendance at that meeting. ROLL CALL: Mrs. Cartwdght - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firfion - aye Vice Mayor Corum - absent MOTION CARRIED 4-0 Board of Adjustment August 23, 1995 Page Two 5. NEW BUSINESS PUBLIC HEARING: Edgar L. Schlitt, Presidem of Shopping Centers, Ltd.. in Regards to a Property_ Located at 1511 U.S. 1. is Requesting an Appeal/variance from Section 20a-8.2(13) to Reduce the Parkine Requirements for a Dentist to Five Spaces (One Space for Every_ 200 Square Feet of Gross Building Area). Whereas the Code Requires 15 Spaces (Ten Spaces per Doctor and Five Spaces per Employees~ Mayor Firtion opened the quasi-judicial hearing at 6:34 p.m. and the City Clerk administered an oath to those who intended to testify and noted she had no disclosure of ex-parte communication. Mrs. Cartwright and Mayor Firtion disclosed that they had discussed the application with staff. Warren Dill, legal representation for applicant Edgar L. Schlitt, said he had no problem with communication with staff. The Director of Community Development explained the variance request to reduce parking requirements for Dr. DiCiano and said, at this point, he had no recommendation. Warren Dill presented the variance request and distributed documentation relative to City of Sebastian, Indian River County and Veto Beach parking requirements, a previous variance issued by the City of Sebastian for a dentist office, and a 1992 parking study conducted by Peterson and Votapka. He stated that City of Sebastian parking regulations for medial offices are excessive and should be readdressed. Dr. DiCiano then addressed City Council. Mayor Firtion closed the quasi-judicial hearing at 7:07 p.m. The Director of Community Development said the last amendment to parking regulations was 1988 and he did not disagree with Mr. Dill's recommendation to readdress parking requirements in this area. 2 Board of Adjustment August 23, 1995 Page Three Discussion took place on the prior variance and the fact that 600 square feet of its area was dedicated to storage. TAPE I - SIDE II (7:18 p.m.) Mrs. Cartwright suggested these types of complexes be considered "mixed use" when determining parking requirements. MOTION by Damp I make a motion that we grant the variance from 15 to six for Dr. DiCiano. Motion died for lack of a second. MOTION by Cartwright/Halloran I move that we grant the variance with the requirements of seven parking spaces based on two per chair and one for the employees. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - nay Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - nay MOTION CARRIED 3-2 (Damp, Corum - nay) 6. CHAIRMAN'S MATTERS None. 7. MEMBERS' MATTERS None. 3 Board of Adjustment August 23, 1995 Page Three 8. BUILDING OFFICIAL MATTERS None. Being no further business, Mayor Firtion adjourned the Board of Adjustment meeting at 7:25 p.m. Approved at the ~ /3 , 1995, Arthur L. Firtion, Mayor . O'Halloran, CMC/AAE City Clerk 4 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, AUGUST 23, 1995 6:30 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. OLD BUSINESS: APPROVE MINUTES OF JULY 12, 1995 MEETING 5. NEW BUSINESS: PUBLIC HEARING: EUGENE POPOW, GENERAL MANAGER OF SEBASTIAN CENTER, LTD., IN REGARDS TO A PROPERTY LOCATED AT 1627 U.S. 1, IS REQUESTING AN APPEAL/VARIANCE FROM SECTION 20A-8.2(13) OF THE LAND DEVELOPMENT CODE TO REDUCE THE PARKING REQUIREMENTS FOR A MEDICAL DOCTOR TO 3.465 SPACES (ONE SPACE FOR EVERY 200 SQUARE FEET OF GROSS BUILDING AREA), WHEREAS THE CODE REQUIRES 15 SPACES (TEN SPACES PER DOCTOR AND FIVE SPACES PER EMPLOYEES). PUBLIC HEARING: EDGAR L. SCHLITT, PRESIDENT OF SHOPPING CENTERS, LTD., IN REGARDS TO A PROPERTY LOCATED AT 1511 U.S. 1, IS REQUESTING AN APPEAL/VARIANCE FROM SECTION 20A-8.2(13) TO REDUCE THE PARKING REQUIREMENTS FOR A DENTIST TO 5 SPACES (ONE SPACE FOR EVERY 200 SQUARE FEET OF GROSS BUILDING AREA), WHEREAS THE CODE REQUIRES 15 SPACES (TEN SPACES PER DOCTOR AND FIVE SPACES PER EMPLOYEES). 6. CHAIRMAN'S MATTERS 7. MEMBERS' MATTERS 8. BUILDING OFFICIAL MATTERS 9. 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 (407) 589-5330 [3 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 MEETING ON AUGUST 23, 1995, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS. ~ATHRY}~ M. '~' H~LL~ 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 P~OCEEDINGS 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. (286.0].05 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. City of Sebastian 1225 MAIN STREET u SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 i::::1 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 AUGUST 23, 1995, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER AN APPEAL/VARIANCE FROM SECTION 20A-8.2(13) OF THE SEBASTIAN LAND DEVELOPMENT CODE. EUGENE POPOW, GENERAL MANAGER OF SEBASTIAN CENTER, LTD., IN REGARDS TO A PROPERTY LOCATED AT 1627 U.S. 1, IS REQUESTING AN APPEAL/VARIANCE TO REDUCE THE PARKING REQUIREMENTS FOR A MEDICAL DOCTOR TO 3.465 SPACES (ONE SPACE FOR EVERY 200 SQUARE FEET OF GROSS BUILDING AREA), WHEREAS THE CODE REQUIRES 15 SPACES (TEN SPACES PER DOCTOR AND FIVE SPACES PER EMPLOYEES). KATHRYN M. O'HALLORAN CITY CLERK 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.) 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. PUBLISHED: AUGUST 8, 1995 AUGUST 15, 1995 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 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 AUGUST 23, 1995, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATE|) AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER AN APPEAL/VARIANCE FROM SECTION 20A-8.2(13) OF THE SEBASTIAN LAND DEVELOPMENT CODE. EDGAR L. SCHLITT, PRESIDENT OF SHOPPING CENTERS, LTD., IN REGARDS TO A PROPERTY LOCATED AT 1511 U.S. 1, IS REQUESTING AN APPEAL/VARIANCE TO REDUCE THE PARKING REQUIREMENTS FOR A DENTIST TO 5 SPACES (ONE SPACE FOR EVERY 200 SQUARE FEET OF GROSS BUILDING AREA), WBEREAS THE CODE REQUIRES 15 SPACES (TEN SPACES PER DOCTOR AND FIVE SPACES PER EMPLOYEES). KATHRYN M. O'HALLORAN CITY CLERK 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.) 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. PUBLISHED: AUGUST 8, 1995 AUGUST 15, 1995 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES BOARD OF ADJUSTMENT WEDNESDAY, AUGUST 23, 1995 6:30 P.M. Mayor Firtion called the Board of Adjustment meeting to order at 6:30 p.m. The Pledge of Allegiance was recited. ROLL CALL; City Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corem (6:55 p.m.) Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Staff Present: City Manager, Joel Koford City Attorney, Clifton cClelland, jr. City Clerk, Katlu3,n O'Halloran Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio OLD BUSINESS Approve Minutes of July 12, 1995 MOTION by Cartwright/Halloran I move to approve the minutes of the July 12, 1995 meeting. The City Attorney noted that Tim Williams and not Mr. McClelland was in attendance at that meeting. ROLL CALL: Mrs. Cartwfight - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 5-0 Board of Adjustment August 23, 1995 Page Two 5. NEW BUSINESS PUBLIC HEARING: Edgar L. Schlitt. President of Shopping Centers, Ltd., in Regards to a Property. Located at 1511 U.S. 1, is Requesting an Appeal/variance from Section 20a-8.2(13) to Reduce the Parking Requirements for a Dentist to Five Spaces (One Space for Every. 200 5..quare Feet of Gross Building Area). Whereas the Code Requires 15 Spaces (Ten Spaces per Doctor and Five Spaces per Employees). Mayor Firtion opened the quasi-judicial hearing at 6:34 p.m. and the City Clerk administered an oath to those who intended to testify and noted she had no disclosure of ex-parte communication. Mrs. Cartwright and Mayor Firtion disclosed that they had discussed the application with staff. Warren Dill, legal representation for applicant Edgar L. Schlitt, said he had no problem with communication with staff. The Director of Community Development explained the variance request to reduce parking requirements for Dr. DiCiano and said, at this point, he had no recommendation. Warren Dill presented the variance request and distributed documentation relative to City of Sebastian, Indian River County and Veto Beach parking requirements, a previous variance issued by the City of Sebastian for a dentist office, and a 1992 parking study conducted by Peterson and Votapka. He stated that City of Sebastian parking regulations for medial offices are excessive and should be readdressed. Dr. DiCiano then addressed City Council. Mayor Firtion closed the quasi-judicial heating at 7:07 p.m. The Director of Community Development said the last amendment to parking regulations was 1988 and he did not disagree with Mr. Dill's recommendation to readdress parking requirements in this area. 2 Board of Adjustment August 23, 1995 Page Three Discussion took place on the prior variance and the fact that 600 square feet of its area was dedicated to storage. TAPE I - SiDE II (7:18 p.m.) Mrs. Cartwright suggested these tYpes of complexes be considered "mixed use" when determining parking requirements. MOTION by Damp I make a motion that we grant the variance from 15 to six for Dr. DiCiano. Motion died for lack of a second. MOTION by Cartwright/Halloran I move that we grant the variance with the requirements of seven parking spaces based on two per chair and one for the employees. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - nay Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - nay MOTION CARRIED 3-2 (Damp, Corum - nay) 6. CHAIRMAN'S MATTERS None. 7. MEMBERS' MATTERS None. 3 Board of Adjustment August 23, 1995 Page Three 8. BUILDING OFFICIAL MATTERS None. Being no further business, Mayor Firfion adjourned the Board of Adjustment meeting at 7:25 p.m. Approved at the Meeting. ., 1995, Regular City Council Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 4 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, AUGUST 23, 1995 6:30 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. OLD BUSINESS: APPROVE MINUTES OF JULY 3.2, i{.995 MEETING NEW BUSINESS: PUBLIC HEARING: EUGENE '~I?OW,~L MANAGER ~-~~~R, LTD., I~ARDS TO a.~OPER~Y LOCATED taT 1627 U.S.' 1, IS REQU~-'I~N~AN APPEAL/VARIANCE FROM ;SECTION 20A-8.2(13) J~"~THE LA.DEVELOPMENT CODE TO ~EDUCE THE ,PAR~n~EMENTS ~ A MEDICAL ~TOR TO ~.465 SPACES ~E SPACE ~R E~RY ~0 SQUARE FEE~ OF /GSOSS ~~hs T~-~ co~.~Q~.~s ~ SPACES ~(~EN S ER EMPLOYEES). PUBLIC HEARING: EDGAR L. SCHLITT, PRESIDENT OF SHOPPING CENTERS, LTD., IN REGARDS TO A PROPERTY LOCATED AT 1511 U,S. 1, IS REQUESTING AN APPEAL/VARIANCE FROM SECTION 20A-8.2(13) TO REDUCE THE PARKING REQUIREMENTS FOR A DENTIST TO 5 SPACES (ONE SPACE FOR EVERY 200 SQUARE FEET OF GROSS BUILDING AREA), WHEREAS THE CODE REQUIRES 15 SPACES (TEN. SPACES PER DOCTOR AND FIVE SPACES PER EMPLOYEES). 6. CHAIRMAN'S MATTERS 7. MEMBERS' MATTERS 8. BUILDING OFFICIAL MATTERS 9. 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.)