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HomeMy WebLinkAbout09031996BOA 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, SEPTEMBER 3, 1996 7=00 P.M. CALL TO ORDER ROLL CALL OLD BUSINESS APPROVE MINUTES OF AUGUST 6, 1996 4. NEW BUSINESS PUBLIC HEARING: RICHARD P. BOGOSIAN, ATTORNEY FOR LARRY AND SUSAN HOBBS, IN REGARDS TO LOT 12, BLOCK 580, SEBASTIAN HIGHLANDS UNIT# 17, IS REQUESTING A VARIANCE FROM SECTION 20A-3.4(D)6(b) OF THE SEBASTIAN LAND DEVELOPMENT CODE TO ALLOW A STRUCTURE TO BE 5.4 FEET FROM A SIDE PROPERTY LINE, WHEREAS THE CODE REQUIRES STRUCTURES TO BE A MINIMUM OF 10 FEET FROM THE SIDE PROPERTY LINE. PUBLIC HEARING: HENRY FISCHER, AGENT FOR JANEE MORCHESKY, IS REQUESTING A VARIANCE FROM SECTION 20A-5.30(C)(2) AND 20A-5.30(d)(5) TO ALLOW MINING 2 FEET FROM THE PROPERTY LiNE WHEREAS THE CODE WOULD REQUIRE A MINIMUM OF 150 FEET. SUBJECT PROPERTY DESCRIBED AS FOLLOWS: THE NORTH 1/2 OF THE SOUTH 1/2 OF GOVERNMENT LOT 2, SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LESS OLD DIXIE HIGHWAY RIGHT-OF-WAY; ALL THE ABOVE SITUATE IN INDIAN RIVER COUNTY, FLORIDA AND CONTAINING 10.08 ACRES MORE OR LESS; AND ALSO BEGINNING 772.092 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 1, IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SAID POINT BEING THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND THE WEST LINE OF SAID LOT 1, SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST; THENCE SOUTH A DISTANCE OF 217.08 FEET; THENCE EAST A DISTANCE OF 98.30 FEET TO THE SAID WESTERLY RIGHT-OF-WAY OF OLD U.S. HIGHWAY #1; THENCE NORTHWESTERLY ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 238.61 FEET MORE OR LESS TO THE POINT OF BEGINNING; CONTAINING 0.30 ACRES, MORE OR LESS; LESS AND EXCEPT THE SOUTH 103 FEET PAGE 2 OF THE NORTH 990 FEET OF GOVERNMENT LOT 1, LYING WEST OF OLD DIXIE HIGHWAY, SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. 5. CHAIRMAN'S MATTERS 6. MEMBERS' MATTERS 7. STA~FF 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.) ADJIII.DOC City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 [] FAX (561) 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 ON SEPTEMBER 3, 1996, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-3.4(D)6(b) OF THE SEBASTIAN LAND DEVELOPMENT CODE. RICHARD P. BOGOSIAN, ATTORNEY FOR LARRY AND SUSAN HOBBS, IN REGARDS TO LOT 12, BLOCK 580, SEBASTIAN HIGHLANDS UNIT# 17, IS REQUESTING A VARIANCE TO ALLOW A STRUCTURE TO BE 5.4 FEET FROM A SIDE PROPERTY LINE, WHEREAS THE CODE REQUIRES STRUCTURES TO BE A MINIMUM OF 10 FEET FROM THE SIDE PROPERTY LINE. FRANCIS J. OBERBECK BOARD OF ADJUSTMENT CHAIRPERSON 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 19, 1996 AUGUST 26, 1996 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 r-, FAX (561) 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 SEPTEMBER 3, 1996, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-5.30(c)(2) AND 20A-5.30(d)(5) OF THE SEBASTIAN LAND DEVELOPMENT CODE. HENRY FISCHER, AGENT FOR JANEE MORCHESKY, IS REQUESTING A VARIANCE TO ALLOW MINING 2 FEET FROM THE PROPERTY LINE WHEREAS THE CODE WOULD REQUIRE A MINIMUM OF 150 FEET. SUBJECT PROPERTY DESCRIBED AS FOLLOWS: THE NORTH 1/2 OF THE SOUTH 1/2 OF GOVERNMENT LOT.2, SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, LESS OLD DIXIE HIGHWAY RIGHT-OF-WAY; ALL THE ABOVE SITUATE IN INDIAN RIVER COUNTY, FLORIDA AND CONTAINING 10.08 ACRES MORE OR LESS; AND ALSO BEGINNING 772.092 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 1, IN SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SAID POINT BEING THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY OF OLD DIXIE HIGHWAY AND THE WEST LINE OF SAID LOT 1, SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST; THENCE SOUTH A DISTANCE OF 217.08 FEET; THENCE EAST A DISTANCE OF 98.30 FEET TO THE SAID WESTERLY RIGHT-OF-WAY OF OLD U.S. HIGHWAY #1; THENCE NORTHWESTERLY ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 238.61 FEET MORE OR LESS TO THE POINT OF BEGINNING; CONTAINING 0.30 ACRES, MORE OR LESS; LESS AND EXCEPT THE SOUTH 103 FEET OF THE NORTH 990 FEET OF GOVERNMENT LOT 1, LYING WEST OF OLD DIXIE HIGHWAY, SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, SAID LAND LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. FRANCIS J. OBERBECK BOARD OF ADJUSTMENT CHAIRPERSON CITY OF SEBASTIAN PAGE 2 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 19, 1996 AUGUST 26, 1996 City of Sebastian 1225 MAIN STREET [] 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 SEPTEMBER 3, 1996, 7:00 P.M. IN THE CITY COUNCIL CHAMBERS. GERRY ~UBES, 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 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. ADJIV.DOC BOARD OF ADJUS~4ENT REGULAR M~.ET'r NG SEPTEMBER ~ 1996r 7:00 P.M. THE MEETING WAS CALLED TO ORDER BY CHAIRPERSON OBERBECK AT 7:00 P.M. PRESENT: MR. CROCKET CHAIRPERSON OBERBECK MR. BECKWITH, ALTERNATE MR. FREELAND, ALTERNATE VICECHAIRPERSON CAPP LATE: MR. GORE MR. DEVITO ALSO PRESENT: ROBERT MASSARELLI, CITY PLANNER VALERIE SETTLES, CITY ATTORNEY APPROVAL OF MINUTES OF AUGUST 6, 1996: A MOTION WAS MADE BY MR. FREELAND, SECONDED BY MR. CROCKET TO APPROVE THE AUGUST 6, 1996 MINUTES. VOICE VOTE, MOTION CARRIED 5-0. MR. FREELAND, ALTERNATE, VOTED DURING MR. DEVITO'S ABSENCE. OLD BUSINESS: AS REQUESTED BY THE BOARD OF ADJUSTMENT, MR. MASSARELLI CHECKED WITH THE CITY HUMAN RESOURCES DIRECTOR AND THIS BOARD IS COVERED BY THE CITY'S GENERAL LIABILITY INSURANCE POLICY FOR THE ACTIONS TAKEN BY THIS BOARD. NEW BUSINESS: PUBLIC HEARING - RICHARD P. BOGOSIAN, ATTORNEY FOR LARRY AND SUSAN HOBBS, IN REGARDS TO LOT 12, BLOCK 580, SEBASTIAN HIGHLANDS UNIT #17, 169 DAY DRIVE. THE HEARING WAS OPENED 7:05 P.M. THERE WAS NO ORDINANCE OR RESOLUTION TO BE READ BY THE CITY ATTORNEY. THE CITY ATTORNEY SWORE IN MR. MASSARELLI. THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW A STRUCTURE TO BE 5.4 FEET FROM A SIDE PROPERTY LINE, WHEREAS THE CODE REQUIRES STRUCTURES TO BE A MINIMUM OF 10 FEET FROM THE SIDE PROPERTY LINE. BOARD OF ADJUSTMENT MEETING, SEPTEMBER 3, 1996 PAGE 2 IN 1993 A HOUSE WAS BUILT ON THE SUBJECT PARCEL AND A FORMBOARD SURVEY DATED 12/14/93, AND FINAL SURVEY, DATED 3/2/94 BY HAYHURST LAND SURVEYING, INC. SHOWED THE HOUSE TO BE 11.49 FEET FROM THE PROPERTY LINE. THE HOBBS RECENTLY CONTRACTED TO SELL THE PROPERTY AND A NEW SURVEY REVEALED THAT THE LOCATION OF THE HOUSE WAS IN ERROR. A 6/18/96 SURVEY BY GRUSENMEYER-SCOTT & WALKER, INC. SHOWED THE FRONT SOUTHWEST CORNER OF THE HOUSE TO BE 5.4 FEET FROM THE SIDE LOT LINE AND THE SOUTHWEST CORNER OF THE HOUSE TO BE 5.5 FEET FROM THE SIDE LOT LINE. THE HOBBS HAVE PETITIONED THE CITY FOR A VARIANCE FROM THE 10 FOOT SIDE YARD SETBACK AND A VACATION OF .6 FEET OF THE SIDE PUBLIC UTILITIES AND DRAINAGE EASEMENT. THE VACATION OF THE DRAINAGE AND UTILITY EASEMENT HAS BEEN APPROVED BY THE CITY COUNCIL. RECOMMENDATION BY STAFF: THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN FIND THAT THE REQUEST FOR A VARIA/~CE TO THE 10 FOOT. SETBACK REQUIREMENT OF SECTION 20A-34.4(D)6.(b) OF THE LAND DEVELOPMENT CODE BY MR. & MRS. HOBBS: THE PARCEL OF LAND FOR WHICH THE VARIANCE IS REQUESTED CONTAINS SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THAT PARCEL. THE CONDITIONS OF THE SITE WERE NOT CREATED BY THE APPLICANT. THE GRANTING OF THE REQUESTED VARIANCE DOES NOT GRANT ANY SPECIAL PRIVILEGE. THE LITERAL INTERPRETATION OF THE LAND DEVELOPMENT CODE CREATES AN UNNECESSARY AND UNDUE HARDSHIP ON THE APPLICANT. THE REQUESTED VARIANCE IS THE MINIMUM TO MAKE REASONABLE USE OF THE LAND. THE GRANTING OF THE REQUESTED VARIANCE IS IN HARMONY WITH THE INTENT OF THE LAND DEVELOPMENT CODE AND THE COMPREHENSIVE PLAN AND iS NOT INJURIOUS TO THE AREA INVOLVED OR TO THE GENERAL PUBLIC. THE REQUESTED VARIANCE DOES NOT PERMIT A USE THAT IS PROHIBITED BY THE LAND DEVELOPMENT CODE. IT IS RECOMMENDED THAT THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN GRANT THE REQUEST FOR A VARIANCE TO THE 10 FOOT SETBACK REQUIREMENT OF SECTION 20A-3.4(D)(b) OF THE LAND DEVELOPMENT CODE OF MR. AND MRS. HOBBS. BOARD OF ADJUSTMENT MEETING, SEPTEMBER 3, 1996 PAGE 3 NO MEMBERS OF THE BOARD HAD ANY EXPORTE COMMUNICATIONS WITH ANYONE RELATING TO THIS PARTICULAR PROJECT OR APPLICATION. RICHARD BOGOSIAN, ATTORNEY, REPRESENTED MR. AND MRS. HOBBS FOR THIS VARIANCE REQUEST. HE STATED HE COULD NOT iMPROVE ON THE PRESENTATION THAT WAS ALREADY MADE TO THE BOARD BUT COULD ANSWER ANY QUESTIONS. HE DID RECEIVE A CALL FROM MR. BRUCE BARKETT, ATTORNEY WHO REPRESENTS ONE OF THE ADJACENT PROPERTY OWNERS. HE ASKED MR. BOGOSIAN WHAT THE SITUATION WAS. MR. BOGOSIAN SIMPLY STATED TO MR. BARKETT THAT THEY WERE ONLY ASKING FOR THE HOUSE TO BE LEGAL WHERE IT SITS RIGHT NOW AND FOR IT TO COMPLY WITH THE LAWS OF THE CITY OF SEBASTIAN. MR. BECKWITH WAS CONCERNED ABOUT LOT 13, THE ADJACENT LOT TO MR. & MRS. HOBBS' PROPERTY. HE THOUGHT THERE MIGHT BE SOME ACTION TAKEN ON HIS PART AFTER THIS AND MAYBE SHOULD CONSIDER THE IDEA OF A WAIVER FROM THAT OWNER OF LOT 13. MR. BOGOSIAN STATED HE CAN'T SEE WHAT RIGHT THE OWNER OF LOT 13 WOULD HAVE TO OBJECT TO ANYTHING THIS BOARD DID AS LONG AS IT WAS WITHIN THE LEGAL POWER OF THIS BOARD. MR. FREELAND ASKED MR. MASSARELLI IF STAFF SENT NOTICES TO ALL SURROUNDING PROPERTY OWNERS. MR. MASSARELLi STATED THE NOTICE WAS PUBLISHED IN THE VERO PRESS JOURNAL ON AUGUST 19TH AND AGAIN ON 26TH, 1996 AS WELL AS SENDING ALL NOTICES OUT TO THE SURROUNDING PROPERTY OWNERS WITHIN 200 FEET OF THE PROPERTY. MR. CROCKET ASKED IF IT IS THE ACTUAL BUILDING THAT IS ENCROACHING OR IS IT A SWIMMING POOL, PATIO. MR. BOGOSIAN STATED IT IS THE ACTUAL BUILDING. NO OPPONENTS TO THIS APPLICANT. WAS GIVEN. NO INFORMATIONAL TESTIMONY PUBLIC HEARING WAS CLOSED AT 7:18 P.M. A MOTION WAS MADE BY VICECHAIRPERSON CAPP THAT WE APPROVE LARRY AND SUSAN HOBBS' VARIANCE, LOT 12, BLOCK 580, UNIT 17 SEBASTIAN HIGHLANDS. MR. GORE SECONDED THIS MOTION. ROLL CALL: MR. CROCKET YES CHAIRPERSON OBERBECK YES VICE CHAIRPERSON CAPP YES MR. GORE YES MR. FREELAND, ALTERNATE YES MR. FREELAND, ALTERNATE, VOTED ON BEHALF OF MR. DEVITO. MOTION CARRIED, 5-0. BOARD OF ADJUSTMENT MEETING, SEPTEMBER 3, 1996 PAGE 4 VICE CHAIRPERSON CAPP AMENDED THE MOTION TO INCLUDE STAFF'S RECOMMENDATION & FINDINGS. MR. GORE SECONDED THE AMENDED MOTION. PUBLIC HEARING - HENRY A. FISCHER, AGENT FOR JANEE MORCHESKY, IS REQUESTING A VARIANCE TO ALLOW MINING 2 FEET FROM THE PROPERTY LINE WHEREAS THE CODE WOULD REQUIRE A MINIMUM OF 150 FEET. CHAIRPERSON OBERBECK STATED HE RECEIVED TWO PHONE CALLS. ONE FROM A LADY THAT REFUSED TO IDENTIFY HERSELF AND HE WOULD NOT TALK TO HER. HE ALSO RECEIVED A CALL FROM HANK FISCHER WHICH WAS JUST FOR GENERAL INFORMATION. THE CITY ATTORNEY SWORE IN EVERYONE THAT WOULD BE TESTIFYING. FOR THE RECORD, MR. DEVITO ATTENDED THE MEETING AT 7:22 P.M. THE HEARING WAS OPENED AT 7:24 P.M. MR. MASSARELLI REVIEWED HIS STAFF REPORT. THE APPLICATION FOR A VARIANCE FROM THE A 150 FOOT PERIMETER SETBACK IS FOR A SITE OF A PREVIOUSLY APPROVED SAND MINE. THE SAND MINE PERMIT LAPSED AND A NEW PERMIT IS REQUIRED. MOST OF THE SAND ON THE SITE WAS REMOVED UNDER THE PREVIOUS PERMIT AND THE PROPOSED OPERATION IS TO REMOVE A MAXIMUM OF 3.5 FEET TO BRING THE SITE TO A UNIFORM ELEVATION OF 25 FEET. THE CONDITIONS OF THE SITE ARE NOT SELF IMPOSED. THE LITERAL INTERPRETATION OF THE CODE WILL CREATE AN UNNECESSARY AND UNDUE HARDSHIP ON THE APPLICANT. THE PROPOSED TWO FOOT SETBACK AND 4 TO 1 SLOPE WILL PROTECT ADJACENT PROPERTIES. STAFF RECOMMENDED THAT THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN GRANT THE REQUEST FOR A VARIANCE TO THE 150 FOOT SETBACK REQUIREMENT OF SECTION 20A-5.30(c) (2) AND 20A- 5.30(d) (5) OF THE LAND DEVELOPMENT CODE BY HENRY FISCHER WITH THE FOLLOWING CONDITIONS: THE VARIANCE IS CONDITIONED ON THAT A SPECIAL USE PERMIT FOR A SAND MINE AS DESCRIBED ON SHEET i OF 2, GENERAL NOTES AND CERTIFICATIONS, DATED JULY 8, 1996 AND SHEET 2 OF 2, EXCAVATION PLAN, DATED JULY 8, 1996 BE APPROVED BY THE CiTY COUNCIL. SHEET 1 OF 2 IS AMENDED BY THE LETTER RECEIVED BY THE APPLICANT iNDICATING THAT THE HAUL ROUTE WILL BE NORTH ON OLD DIXIE HIGHWAY. m A RECORD DRAWING SHALL BE PROVIDED TO THE COMMUNITY DEVELOPMENT DEPARTMENT AT THE COMPLETION OF THE PROJECT WITH THE INFORMATION REQUIRED IN SEC. 20A-5.36(b) OF THE LAND DEVELOPMENT CODE. BOARD OF ADJUSTMENT MEETING, SEPTEMBER 3, 1996 PAGE 5 A COPY OF THE MINING PERMIT AND THIS VARIANCE SHALL BE MAINTAINED ON THE SITE DURING THE ENTIRE PERMIT PERIOD AND SHALL BE VISIBLE AT THE LOCATION DESIGNATED IN THE SITE PLAN. THE APPLICANT SHALL PROVIDE AN ANNUAL PROGRESS REPORT ON OR BEFORE APRIL 1, 1997. (THE CODE REQUIRES A REPORT IN OCTOBER, BUT THAT ONLY REPRESENTS TWO MONTHS OF OPERATIONS.) THE APPLICANT SHALL CONFORM TO ALL OTHER REQUIREMENTS OF THE LAND DEVELOPMENT CODE AND THE CONDITIONS AND CERTIFICATIONS IDENTIFIED ON SHEET 1 OF 2, GENERAL NOTES AND CERTIFICATIONS, DATED JULY 8, 1996 AS AMENDED BY THE CORRESPONDENCE FROM THE APPLICANT. THE VARIANCE SHALL RUN WITH THE SAND MINE SPECIAL USE PERMIT. MR. FREELAND ASKED MR. MASSARELLi TO EXPLAIN #2 OF THE CONCLUSION "THE CONDITIONS OF THE SITE WERE NOT CREATED BY THE APPLICANT". MR. MASSARELLI STATED THE MAJOR CONDITIONS OF THE SITE THAT WERE DISCUSSED EARLIER IN THE STAFF REPORT WAS THAT THE LOT WAS NOT CREATED BY THE APPLICANT. MR. FREELAND ALSO ASKED MR. MASSARELLI TO EXPLAIN ITEM #4 (THE LITERAL INTERPRETATION OF THE LAND DEVELOPMENT CODE CREATES AN UNNECESSARY AND UNDUE HARDSHIP ON THE APPLICANT". MR. MASSARELLI STATED HARDSHIP IS A FACTOR THAT IS REQUIRED BY OUR LAND DEVELOPMENT CODE. HARDSHIP IS WHAT ACTIVITIES THAT MAKE IT UNREASONABLE OR AN UNDUE BURDEN TO UTILIZE THE PROPERTY AND CAN NOT BE AN ECONOMICAL HARDSHIP. THERE IS A SITUATION WITH THIS SITE BECAUSE OF THE WIDTH OF IT AND WITHOUT THE VARIANCE APPROXIMATELY HALF OF THE SITE WOULD BE UNUSABLE FOR THE MINING OPERATION, PARTICULARLY SINCE THE MINING OPERATION WAS PREVIOUSLY PERMITTED BY THE CITY, PREVIOUSLY ALLOWED WITHIN THE 150 FOOT SETBACK AND IS AN UNNECESSARY HARDSHIP PUT UPON THE APPLICANT. MR. RANDY MOSBY, MOSBY & ASSOCIATES, IS THE PROJECT ENGINEER FOR MORCHESKY SAND MINE. HE GAVE A LITTLE HISTORY OF THE LAND. THEY ARE PROPOSING A 4 TO 1 SIDE SLOPE 2 FOOT SETBACK FROM THE PROPERTY LINE. THEY HAVE RECEIVED PLANNING & ZONING'S APPROVAL FOR THE SPECIAL USE PERMIT AND ALSO HAVE RECEIVED APPROVAL FROM ST. JOHN'S RIVER WATER MANAGEMENT. MR. MOSBY STATED MR. MASSARELLI HAS DONE AN EXCELLENT JOB. BOARD OF ADJVJSTMENT MEETING, SEPTEMBER 3, 1996 PAGE 6 MR. CROCKET ASKED IF THE PROPERTY WAS ONLY 330 FEET WIDE TO BEGIN WITH AND THE CODE SAYS IT HAS TO BE 150 FEET FROM EACH PROPERTY LINE, WHY WAS IT CONSIDERED FOR A SAND MINE IN THE FIRST PLACE. MR. MOSBY STATED IT IS A TECHNICALITY IN THE CITY'S CODE. ANYTIME YOU REMOVE MATERIAL THAT EXCEEDS 5,000 CUBIC YARDS, YOU HAVE TO GET A SAND MINING PERMIT. MR. FREELAND ASKED IF THE CITY RECEIVED ANY NON-OBJECTION LETTERS CONCERNING THIS PROPERTY. MR. MASSARELLI STATED THE CITY HAS NOT RECEIVED ANY LETTERS OF OBJECTION OR SUPPORT CONCERNING THIS MATTER. CHAIRPERSON OBERBECK REQUESTED STAFF TO PLEASE PROVIDE DOCUMENTATION IN THE FUTURE THAT RELATES TO ST. JOHN'S WATER MANAGEMENT. THERE WERE NO OPPONENTS TO THE VARIANCE. TESTIMONY GIVEN. NO INFORMATIONAL THE HEARING WAS CLOSED AT 7:58 P.M. STAFF RECOMMENDS APPROVAL OF THE VARIANCE WITH THE CONDITIONS AND TIME LIMITATION PROVIDED IN THE STAFF REPORT. A MOTION WAS MADE BY VICECHAIRPERSON CAPP THAT WE APPROVE STAFF'S RECOMMENDATION AND FINDINGS FOR JANEE MORCHESKY'S PROPERTY ON OLD DIXIE HIGHWAY. MR. CROCKET SECONDED THE MOTION. ALSO INCLUDE IN THE MOTION THE CONCLUSION OF CONDITIONS AND SAFEGUARDS AS PRESENTED BY STAFF'S RECOMMENDATION. ROLL CALL: MR. CROCKET MR. DEVITO CHAIRPERSON OBERBECK VICECHAIRPERSON CAPP MR. GORE YES YES YES YES YES MOTION CARRIED. CHAIRMAN'S MATTERS: NONE MEMBERS' MATTERS: NONE STAFF MATTERS: MR. MASSARELLI STATED WE DO NOT HAVE ANY PENDING MATTERS FOR THE NEXT MEETING. THERE WILL BE A DISCUSSION ON THE LAND DEVELOPMENT CODE AND REVIEW THE ISSUES THE BOARD WOULD BE FACING. ADJOURN: THE MEETING WAS ADJOURNED AT 8:05 P.M.. BOARD OF ADJUSTMENT ~/~K OBERBECK, CHAIRPERSON GERRY ~S, SECRETARY ADJVI. DOC