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HomeMy WebLinkAbout09101991BOA 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, SEPTEMBER 10, ].991, AT 3:00 P.M. iN THE CITY COUNCIL CHAMBERS. 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 2. 3. 4. 5. City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA BOARD OF ADJUSTMENT TUESDAY, SEPTEMBER 10, 1991 3:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OLD BUSINESS: APPROVE JULY 9~ 1991 MINUTES PUBLIC HEARING: PETER & SALLY GRUNZWEIG, IN REGARDS TO LOT 16, BLOCK 288, SEBASTIAN HIGHLANDS UNIT 10, }lAS REQUESTED A VARIANCE TO ALLOW WASTEWATER FACILITIES iN THE REAR YARD, WHEREAS THE ORDINANCE REQUIRES THE PLACEMENT OF SUCH FACILITIES IN THE FRONT OR SIDE YARD. 6. CHAIRMANS MATTERS: 7. COMMITTEE MATTERS: 8. BUILDING OFFICIAL MATTERS: 9. 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. (286.0],05 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, SEPTEMBER 10, 1991, AT 3:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT 1.225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE, SECTION 20A-5.6. PETER & SALLY GRUNZWEIG, IN REGARDS TO LOT .16, BLOCK 288, SEBASTIAN HIGHLANDS UNIT 10, HAS REQUESTED A VARIANCE TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD, WHEREAS THE ORDINANCE REQUIRES THE PLACEMENT OF SUCH FACILITIES IN THE FRONT OR SIDE YARD. GALE MATTHEWS, 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: AUGUST 26, 1991 SEPTEMBER 3, 1991 BOARD OF ADJUSTMENT "SPECIAL MEETING" SEPTEMBER 10, 1991 - 3:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN MATTHEWS AT 3:00 P.M. THE PLEDGE OF ALLEGIANCE WAS LED BY CHAIRMAN MATTHEWS. ROLL CALL: PRESENT: GALE MATTHEWS, CHAIRMAN JAMES HUSK JOSEPH STEPHENSON, VICE CHAIRMAN ALAN SHISGAL ABSENT: WALTER SHIELDS (EXCUSED) MARY HEINICKE (EXCUSED) ALSO PRESENT: BRUCE COOPER, DIR. OF COMMUNITY DEVELOPMENT OLD BUSINESS: MOTION BY JOSEPH STEPHENSON, SECONDED BY JAMES HUSK TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD JULY 9, 1991, AT 3:00 P.M. AS WRITTEN. ROLL CALL: YES: GALE MATTHEWS JAMES HUSK JOSEPH STEPHENSON ALAN SHISGAL NO: NONE MOTION CARRIED. PUBLIC HEARING: PETER & SALLY GRUNZWEiG, IN REGARDS TO LOT 16, BLOCK 288, SEBASTIAN HIGHLANDS UNIT 10, HAS REQUESTED A VARIANCE TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD, WHEREAS THE ORDINANCE REQUIRES THE PLACEMENT OF SUCH FACILITIES IN THE FRONT OR SIDE YARD. THIS PUBLIC HEARING HAS BEEN ADVERTISED IN THE PAPER. PAGE 2 SALLY GRUNZWEIG WAS PRESENT. THE LOT WAS PURCHASED A YEAR AGO. HER BUILDER INFORMED HER THAT THE SEPTIC HAS TO BE IN THE BACK BECAUSE THE NEIGHBOR NEXT DOOR HAS HIS WELL iN THE FRONT. (THIS IS THE LOT TO THE NORTHEAST AND A RESIDENCE ALREADY EXISTS THERE.) THE OTHER BORDERING LOTS ARE VACANT. THE BUILDER, SCOTT SILVA, WAS ALSO PRESENT. HE FEELS THAT THE PROPOSED LOCATION OF THE WELL AND SEPTIC SYSTEM WOULD NOT AFFECT THE SURROUNDING LOTS. MR. COOPER SUGGESTED THAT THE DRAINFIELD BE LOCATED AS FAR TO THE NORTHEAST (TOWARD LOT 15) AS POSSIBLE. THIS WOULD LESSON THE IMPACT ON LOT 17. HE ALSO SUGGESTED THAT THE PROPOSED WELL BE LOCATED AS CLOSE TO THE HOUSE AS POSSIBLE TO LESSON THE IMPACT ON THE LOT ACROSS THE STREET. SCOTT SILVA NOTED THAT THE HEALTH DEPARTMENT HAS ASKED THAT THE DRAINFIELD BE KEPT 50 FEET FROM THE DRAINAGE DITCH IN THE REAR OF THE LOT. THE INTENT IS TO RUN ACROSS THE BACK OF THE HOUSE. MR. EDMUND KOERNER PRESENTED A LETTER FROM WENDY ANN ABRUZZI WHO IS THE OWNER OF LOT 13, BLOCK 288, SEBASTIAN HIGHLANDS UNIT 10. MR. COOPER READ THE FOLLOWING PORTION OF THIS LETTER TO THE BOARD. AS OWNERS OF LOT 13 IN SAME, (MEANING BLOCK 288), WE DO NOT OBJECT TO THE VARIANCE UNLESS IT WOULD HAVE A NEGATIVE IMPACT ON PLACEMENT OF A POOL IN THE REAR YARD OF OUR LOT. UPON BUILDING OF OUR OWN HOME, WE WILL PREFER TO PLACE WASTEWATER FACILITIES IN THE FRONT AS ESTABLISHED BY PAST POLICY. WE WILL ALSO HAVE A WELL DRILLED iN THE SIDE OR REAR OF STRUCTURE. MR. EDMUND KOERNER, MY FATHER, HAS BEEN REQUESTED TO REPRESENT US AT THIS MEETING (HEARING) SHOULD NEED ARISE. LOT 13 iS DIRECTLY TO THE REAR OF THE APPLICANT'S PROPERTY. IT IS PRESENTLY A VACANT LOT. MR. COOPER NOTED THAT THERE PROBABLY WILL BE CENTRAL WATER WITHIN THE NEXT COUPLE YEARS. THE WATER LINES ARE ALREADY ON BARBER STREET. NONETHELESS, THAT WOULD ALLEVIATE ALL THE PROBLEMS HERE. HOWEVER, THERE COULD BE A DOMINO AFFECT ON THE OTHER LOTS. PAGE 3 SCOTT SILVA PROPOSED THAT THE DRAINFIELD WON'T BE ANY FURTHER BACK THAN 85' FROM THE FRONT PROPERTY LINE. MR. COOPER NOTED THAT THIS WILL ALLOW 35 TO 40 FEET FROM THE REAR PROPERTY LINE AND SHOULD NOT POSE AS A PROBLEM TO THE REAR PROPERTY OWNER. BRUCE COOPER WENT TO THE BUILDING DEPARTMENT TO CHECK THE PLAT MAP CONCERNING A DRAINAGE RIGHT OF WAY RUNNING DOWN THE MIDDLE OF THIS BLOCK. HE NOTED THAT THERE IS A 30' DRAINAGE RIGHT OF WAY IN BETWEEN THESE LOTS. THEREFORE, THERE IS AN ADDITIONAL 30' BUFFER ALONG WITH THE 125' DEPTH WHICH WiLL LESSEN THE IMPACT THIS VARIANCE WOULD HAVE ON THE REAR LOT. THE 35' DISTANCE WHICH THE BUILDER HAS STATED HE WILL STAY OUT OF WITH THE DRAINFIELD, ALONG WITH THE 30' DRAINAGE RIGHT OF WAY AND THE ADDITIONAL 10' REAR EASEMENT ON LOT 13 OF BLOCK 288 WILL ACCOUNT FOR THE REQUIRED 75' CLEARANCE REQUIRED BY THE HEALTH DEPARTMENT. MR. COOPER STATED THAT LOT 13 WILL NOT BE AFFECTED AT ALL, AND WOULD BE GLAD TO EXPLAIN THIS TO THE OWNER. HE WILL ASK THAT THE PETITIONER SUBMIT A NEW DRAWING OF THE PROPOSED LAYOUT AS DISCUSSED, AND WILL RELAY THIS INFORMATION TO THE OWNER OF LOT 13, BLOCK 288. STAFF RECOMMENDED GRANTING THE VARIANCE SUBJECT TO THE APPLICANT WORKING WiTH THE BUILDING OFFICIAL REGARDING THE DRAINFIELD LOCATION TO HAVE THE LEAST IMPACT ON THE SURROUNDING LOTS. THE SUBMITTED SURVEY SHOWS THE DRAINFIELD 21 FEET FROM THE REAR PROPERTY LINE. HOWEVER, THE BUILDER HAS INDICATED THAT HE CAN STAY 35' FROM THE REAR LINE WHICH WILL LESSEN THE IMPACT ON THE REAR LOT. MR. COOPER NOTED THAT IF THE BOARD WANTS TO BE SPECIFIC, NOTE IN THE MOTION THAT THERE WILL BE A MINIMUM 35' SETBACK FROM THE REAR PROPERTY LINE WITH THE DRAINFIELD AND THAT THE PROPOSED WELL WiLL BE LOCATED AS CLOSE TO THE REAR AS POSSIBLE. MOTION BY JOSEPH STEPHENSON, SECONDED BY JAMES HUSK, TO GRANT THE VARIANCE SUBJECT TO SEPTIC TANK AND DRAINFIELD BE MOVED CLOSE TO THE HOUSE WITH A MINIMUM 35' SETBACK FROM THE REAR PROPERTY. PAGE 4 ROLL CALL: YES: GALE MATTHEWS JAMES HUSK JOSEPH STEPHENSON ALAN SHISGAL MOTION CARRIED. CHAIRMAN MATTERS: MR. MATTHEWS NOTED THAT HIS TERM WILL EXPIRE 11-1-91. HE SUBMITTED TO THE BOARD A LETTER STATING THAT HE WOULD NOT ACCEPT ANOTHER TERM. MR. JOSEPH STEPHENSON ALSO SUBMITTED A LETTER OF RESIGNATION EFFECTIVE IMMEDIATELY. MR. MATTHEWS NOTED THAT THE ALTERNATE MEMBER WILL MOVE UP TO PERMANENT MEMBER. MR. COOPER RECOMMENDED THAT THE BOARD MAKE A MOTION TO THE CITY COUNCIL TO APPOINT THE ALTERNATE MEMBER INTO THE PERMANENT POSITION. MR. COOPER NOTED THAT THE CITY COUNCIL HAS MADE THE RECOMMENDATION THAT YOU REVIEW ALL APPLICATIONS FOR YOUR BOARD THAT ARE ON FILE. THE ONLY APPLICANT INTERESTED IN THIS BOARD, MR. VILARDI, WAS PRESENT. IT WAS ALSO NOTED THAT MR. VILARDI'S APPLICATION INDICATED AN ATTACHMENT REGARDING EDUCATION AND EXPERIENCE. THE CITY CLERK'S OFFICE WAS UNABLE TO LOCATE THIS ATTACHMENT. MR. VILARDI STATED THAT HE HAS NEVER SERVED ON A BOARD OF THIS SORT. HIS BACKGROUND EXPERIENCE WAS SANITATION, 32 YEARS WITH THE TOWN OF HEMPSTEAD ON LONG ISLAND, NEW YORK, WITH A POPULATION OF 850,000 PEOPLE. HE LEFT THERE AS A DEPUTY COMMISSIONER iN CHARGE OF OPERATIONS. WHEN NEW INCINERATORS WERE PUT UP OR REBUILT, HE WOULD BE HEAVILY INVOLVED WITH THE CONSULTING ENGINEERS AND CONTRACTORS. HE IS FAMILIAR WITH BOUNDARY LINES AND HAVE HAD A COUPLE HOUSES BUILT OVER THE YEARS. HE HAS LIVED IN SEBASTIAN FOR TWO FULL YEARS, HAS ATTENDED NUMEROUS CITY COUNCIL MEETINGS AND PLANNING & ZONING MEETINGS. MR. COOPER DISCUSSED THE FUNCTIONS OF THE BOARD OF ADJUSTMENT, WHICH IS TO HEAR VARIANCES AND APPEALS. APPEALS WOULD BE OF THE NATURE OF A DECISION BY CITY STAFF IN CERTAIN PAGE 5 CIRCUMSTANCES. THE GENERATION OF MOST OF THEIR WORKFLOW IS VARIANCES AND MOST OF THEM AT THIS POINT HAVE BEEN SEPTIC TANKS DUE TO THE EXISTING SITUATION. A VARIANCE IS NOT FOR A USE FACTOR, SUCH AS SOMEBODY WANTING TO PUT IN A COMMERCIAL ESTABLISHMENT IN A RESIDENTIAL ZONE, BUT FOR A DIMENSIONAL FACTOR SUCH AS A SEPTIC TANK BEING IN THE REAR AS OPPOSED TO THE FRONT. THE BOARD MEETS ONCE A MONTH, IF THERE ARE ANY CASES. OTHERWISE, THERE IS NO MEETING. MOTION BY JOSEPH STEPHENSON, SECONDED BY JAMES HUSK, TO RECOMMEND TO CiTY COUNCIL THE APPOINTMENT OF ALFRED VILARDI TO THE BOARD OF ADJUSTMENT. ROLL CALL: YES: GALE MATTHEWS JAMES HUSK JOSEPH STEPHENSON ALAN SHISGAL NO: NONE MOTION CARRIED. MOTION BY JOSEPH STEPHENSON, SECONDED BY JAMES HUSK, THAT ALAN M. SHISGAL BE APPOINTED TO A PERMANENT MEMBER OF THE ADJUSTMENT BOARD FOR THE CITY OF SEBASTIAN. ROLL CALL: YES: GALE MATTHEWS JAMES HUSK JOSEPH STEPHENSON ALAN SHISGAL NO: NONE MOTION CARRIED. THE BOARD SECRETARY NOTED THAT WiTH THE RESIGNATIONS OF TWO MEMBERS AND THE RECOMMENDED APPOINTMENT OF ONE NEW MEMBER, THE BOARD WILL STILL HAVE FIVE MEMBERS AND NO ALTERNATES. IT WAS ALSO NOTED THAT THE NEW PROPOSED ORDINANCE REGARDING THE BOARD OF ADJUSTMENT CALLS FOR TWO ALTERNATES. PAGE 6 COMMITTEE MATTERS: MR. MATTHEWS ASKED ABOUT THE STATUS OF THE CASE WHICH WAS POSTPONED FROM THE JULY 9TH MEETING (MAYS MARINA). MR. COOPER ASKED THAT THE MINUTES OF THIS MEETING REFLECT THAT THE BUILDING OFFICIAL HAS DECIDED THAT THE VARIANCE WAS NOT NEEDED BASED ON THE INTERPRETATION OF THE CODE. THEREBY THE REQUEST FOR THE VARIANCE WAS WITHDRAWN. THE APPLICANT WILL BE GOING BEFORE PLANNING AND ZONING FOR APPROVAL AND THEN GETTING A PERMIT. BUILDING OFFICIAL MATTERS: MR. COOPER EXPRESSED HIS REGRET ABOUT THE DEPARTURE OF TWO MEMBERS. HE NOTED THAT IT HAS BEEN GOOD WORKING WITH YOU BOTH AND WISHES YOU WELL. NEW BUSINESS: NONE MOTION TO ADJOURN BY JOSEPH STEPHENSON, SECONDED BY JAMES HUSK. ROLL CALL: YES: GALE MATTHEWS JAMES HUSK JOSEPH STEPHENSON ALAN SHISGAL NO: NONE MEETING ADJOURNED AT 3:35 P.M. MOTION CARRIED.