Loading...
HomeMy WebLinkAbout09071999BOA City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 E~ FAX (561) 589-2566 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 7, 1999, AT 7:00 P.M. IN THE CiTY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-5.6 OF THE SEBASTIAN LAND DEVELOPMENT CODE. TAHIR H. QIZILBASH, IN REGARDS TO LOT 22 OF WAUREGAN SUBDIVISION LYING WEST OF THE FLEMING GRANT LINE AND EAST OF U.S. HIGHWAY NO. 1, IS REQUESTING A VARIANCE TO ALLOW A SEPTIC SYSTEM WITHIN THE REAR YARD, WHEREAS THE CODE REQUIRES THE SEPTIC SYSTEM TO BE PLACED IN A FRONT OR SIDE YARD. THE APPLICANT IS ALSO REQUESTING A VARIANCE TO ALLOW TWO POTABLE WELLS AND ONE IRRIGATION WELL IN THE FRONT YARD, WHEREAS THE CODE WOULD REQUIRE THESE WELLS TO BE LOCATED WITHIN EITHER THE PORTION OF THE SIDE YARD THAT IS NOT FORWARD OF THE FRONT BUILDING LINE OR WITHIN THE REAR YARD. RONALD A DEVITO, VICE-CHAIRPERSON BOARD OF ADJUSTMENT, CiTY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY TI-IE BOARD OF ADJUSTMENT WITH RESPECT IO 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 TI-frS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (561) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. TWO OR MORE CITY COUNCIL MEMBERS MAY BE IN ATTENDANCE OF THIS MEETING. Published August 23, 1999 CiTY OF SEBASTIAN BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING SEPTEMBER 7, 1999 Acting Chairman Gregory Gore called the meeting to order at 7:02 P.M. The Pledge of Allegiance was said, ROLL CALL: PRESENT: Gregory Gore James Schmitz Paul Duffy(a) Louise Kautenburg(a) Clive Beckwith Keith Miller EXCUSED ABSENCE: Chmn. Ronald Devito ALSO PRESENT: Jan King, Manager of Growth Management Dept. Ann Brack, Secretary Rich Stringer, City Attorney ANNOUNCEMENTS: Acting Chmn. Gore announced that Chmn. Devito has an excused absence, and Ms. Kautenburg(a) will be voting in his place. APPROVAL OF MINUTES: (8/3/99) MOTION by Schmitz/Beckwith I motion to approve the minutes of August 3, 1999. A voice vote was taken. 5 - 0, motion carried. OLD BUSINESS: NEW BUSINESS: None A. PUBLIC HEARING - QUASI - JUDICIAL TAHIR QIZILBASH, IN REGARDS TO LOT 22 OF WAUREGAN SUBDIVISION LYING WEST OF THE FLEMING GRANT LINE AND EAST OF U.S. HIGHWAY NO. 1, is requesting a variance to allow a septic system within the rear yard, whereas the code requires the septic system to be placed in a front or side yard. The applicant is also requesting a variance to allow two potable wells and one irrigation well in the front yard, whereas the code would require these wells to be located within either the portion of the side yard that is not forward of the front building line or within the rear yard. BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF AUGUST 3, 1999 Atty. Stringer explained the quasi-judicial procedure for this hearing. Mr. Tahir Qizilbash, 103 Barbara Court, Sebastian, was present representing Dr. Rizwi, the owner. Mr. Qizilbash, along with Jan King, was sworn in at 7:05 P.M. by Acting Chmn. Gore. Mr, Qizilbash gave a brief presentation on the necessity of this variance because of surrounding septic systems, There were twenty-one notices of hearing sent and no objection or non-objection letters were received. Jan King gave staff presentation on this site, which is at 13060 U.S. Hwy. 1. She noted that Health Department approval is dependent on this variance. She then noted that staff recommends approval. Mr. Miller asked about the availability of sewer and water at this site. Mr. Qizilbash responded that it is available on the west side of U.S. #1, and when it becomes available on the east side, he will hook up to it. Ms. King mentioned that the applicant has a developers agreement with the Health Dept. for future hook up. Mr. Schmitz inquired about the surrounding wells and septics. Ms. King responded that they belong to a nearby mobile home park, which is in the County. Acting Chmn. Gore opened and closed the public hearing at 7:13 P.M., as there were no proponents or opponents. Board members discussed this issue. MOTION by Schmitz/Kautenburg(a) I'll make a motion to approve the request by Mr. Qizilbash in regards to Lot 22 of Wauregan subdivision. Roll call: Gregory Gore - yes Clive Beckwith - yes James Schmitz - yes Keith Miller - yes Louise Kautenburg(a) - yes The vote was 5 - 0. Motion carried. CHAIRMAN MATTERS: ATTORNEY MATTERS: None Atty. Stringer asked the Board members for their opinion to a suggestion to give administrative approval to staff for well and septic reversals such as this one tonight. He BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF SEPTEMBER 7, 1999 gave further information on this suggestion and noted that this approval would be made only when there is no possibility of placing the well and septic according to code. There was consensus by the members that they are in favor of this suggestion. There was more discussion on this issue. MEMBERS' MATTERS: There was discussion on whether or not to elect a new Chairman, or wait until January 2000 for the regular election of officers. A consensus of Board members determined that they prefer to wait until danuary, 2000 for the regular election. Acting Chmn. Gore adjourned the meeting at '7:24 P.M.