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HomeMy WebLinkAbout09111990BOA BOARD OF ADJUSTMENT "SPECIAL MEETING" SEPTEMBER 11, 1990 - 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 LOUIS PRIORE, VICE CHAIRMAN JOSEPH STEPHENSON MARY HEINICKE JAMES HUSK, ALTERNATE EXCUSED: WALTER SHIELDS ALSO PRESENT: BRUCE COOPER, DIR. OF COMMUNITY DEVELOPMENT OLD BUSINESS: MOTION BY MR. STEPHENSON, SECONDED BY MRS. HEINICKE TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD AUGUST 2, 1990 AT 3:00 P.M. AS WRITTEN. MOTION CARRIED. ~_UB~7_C~_.~..~!~ - PRUDENTIAL BUILDING CO., INC., IN REGARDS TO LOTS 9 AND 9A, ROSELAND ACRES SUBDIVISION, HAS REQUESTED A VARIANCE FOR A BUILDING THAT ENCROACHES APPROXIMATELY 2.54 FEET INTO THE REQUIRED 20 FOOT SETBACK (CITY OF SEBASTIAN LAND DEVELOPMENT CODE, SECTION 20A-3.1(D)(6)(b). WILLIAM BARBER, PRESIDENT OF PRUDENTIAL BUILDING CO. AND ALSO THE ADJOINING NEIGHBOR TO THE HOME FOR WHICH THE VARIANCE IS BEING REQUESTED, WAS PRESENT. THE SURVEY SUBMITTED TO THE BUILDING DEPARTMENT FOR THE BUILDING PERMIT INDICATED AN 18' SETBACK. THE BUILDING DEPARTMENT ADVISED THE BUILDER THAT THIS NEEDED TO BE A 20' SETBACK. IT WAS A MISTAKE BY THE SURVEYOR RIGHT FROM THE BEGINNING. MR. BARBER KNEW THAT IT HAD TO BE 20' AS HE LIVED IN THIS SUBDIVISION AND WAS ALREADY FAMILIAR WITH THE REQUIRED SETBACKS. A SMALL CANAL EXISTS BETWEEN LOT 10 (OWNED BY MR. BARBER) AND LOT 9 (IN QUESTION). THE PLACEMENT OF THE HOMES NEAR THIS CANAL HAS BEEN A PROBLEM PAGE 2 FOR ENVIRONMENTAL HEALTH WHO WANTS THE HOMES PLACED WELL BACK FROM THE WATER. MR. BARBER MET WITH H.R.S. ON THE SITE AND AGREED TO PLACE THE HOUSE 23' FROM THE PROPERTY LINE. AT THIS POINT, MR. BARBER LEFT ON VACATION. MEANWHILE, H.R.S. REQUESTED THAT THE HOUSE BE MOVED FURTHER AWAY FROM THE CANAL. THE MASON WENT BACK AND LAID THE HOUSE OUT WITH MORE DISTANCE FROM THE CANAL BUT SWUNG IT FURTHER TOWARD THE OTHER PROPERTY LINE. THE FOUNDATION WAS THEN POURED. MR. BARBER WAS NOT AWARE THAT THE HOUSE HAD A PROBLEM UNTIL AFTER THE HOUSE WAS FRAMED UP AND HE ORDERED THE SLAB SURVEY. THE TRUSSES WERE UP AND THE ROOF WAS ON BY THIS TIME. THE BUILDER REQUESTS THIS VARIANCE SINCE THE NEXT HOUSE IS OVER 60' AWAY AND THE LOT SiZE IS OVER AN ACRE AND A QUARTER. MR. BARBER ALSO NOTED THAT PRUDENTIAL BUILDING CO. OFFERED TO BUY SEVERAL FEET FROM THE NEXT LOT (LOT 8) BUT THAT HOUSE iS CURRENTLY FOR SALE AND THE OWNER WAS NOT INTERESTED IN SELLING ANY PORTION OF THAT LOT. IT SHOULD ALSO BE NOTED THAT LOT 8 ALSO HAS AN EXISTING SHED LOCATED ALMOST ON THE PROPERTY LINE AND COULD NOT SELL THIS PROPERTY FOR THAT REASON. THIS SHED IS A CONCRETE BUILDING AND COULD NOT BE MOVED. MR. COOPER NOTED THAT THE OVERHANG OF THE SHED IS ENCROACHING OVER ON TO LOT 9. THE BUILDING DEPARTMENT HAS NO KNOWLEDGE OF THE SHED BEING PERMITTED. THIS IS ALSO IN VIOLATION BUT SHOULD BE APPROACHED AS A SEPARATE MATTER. MR. COOPER ALSO NOTED THAT THE ENCROACHMENT iS ONLY 2 1/2 FEET OF THE CORNER OF THE BUILDING WHICH IS THE ONLY GOOD THING IN FAVOR OF THIS VARIANCE. THE PERMIT WAS CONTINGENT UPON HAVING A SLAB SURVEY AND THE PERMIT STATES THAT THE BUILDER IS NOT TO CONTINUE FURTHER CONSTRUCTION UNTIL THE SLAB SURVEY HAS BEEN SUBMITTED. WE DO NOT ASK FOR THE SLAB SURVEY UNTIL THE INSPECTION FOR FRAMING, ELECTRICAL AND PLUMBING ARE CAI, LED FOR AND WILL NOT DO THIS INSPECTION UNTIL WE VERIFY THAT THE BUILDING HAS MET THE SETBACKS. MRS. HEINiCKE NOTED THAT THIS WAS VERY UNFORTUNATE SINCE THE LOT iS SO LARGE. MR. PRiORE SAID THAT IT WAS CLEARLY AN ERROR BY THE BUILDER. IT WAS NOTED BY THE BUILDER THAT THE PORTION OF THE STRUCTURE THAT ENCROACHES IS THE GARAGE. THE ENTRANCE TO THE GARAGE IS ON THE 24' SIDE OF THE GARAGE. MRS. HEINICKE ASKED IF THE CORNER COULD BE CUT OFF. MR. BARBER REPLIED THAT IT COULD, BUT THEY HOPED THAT THIS WOULD NOT BE NECESSARY. PAGE 3 MR. COOPER STATED THAT HE TALKED WITH THE CITY ATTORNEY WHO MENTIONED THAT THE QUESTION TO ADDRESS SHOULD BE WHETHER THE APPLICANT CAUSED THE HARDSHIP. IN THIS CASE, THE BUILDER DEFINITELY CAUSED IT HIMSELF. IT WAS AN HONEST MISTAKE AND CERTAINLY NOT INTENTIONAL, BUT NONETHELESS IT WAS RESULTING FROM HIS OWN ACTIONS. MR. PRIORE NOTED THAT THE BOARD HAS SOMETIMES BEEN LENIENT IN THESE CASES IF IT WAS ONLY FOR A MATTER OF INCHES. HOWEVER, IN THIS CASE THE INFRACTION IS SEVERAL FEET. MANUEL RAIMI, VICE PRESIDENT OF PRUDENTIAL HOMES WAS ALSO PRESENT. HE NOTED THAT IN THIS ZONING THE SIDE YARD SETBACKS PROVIDE FOR 40 FEET BETWEEN HOMES. ALTHOUGH THEY HAVE ONLY 17 1/2 FEET ON THEIR LOT, IF YOU CONSIDER THE SETBACK ON THE ADJACENT LOT, iT WOULD FAR EXCEED THE REQUIRED 40 FEET BETWEEN HOUSES. HE HOPED THAT THIS MIGHT BE CONSIDERED. MR. COOPER NOTED THAT THE OWNER OF LOT 8 COULD BUILD TO THE 20 FOOT SETBACK. ALSO, WE STILL HAVE QUESTIONS REGARDING THE ACCESSORY BUILDING ON LOT 8 WHICH IS ALREADY IN VIOLATION OF THE SETBACK. IF THE STRUCTURE WAS BUILT PRIOR TO THE ZONING ORDINANCE, THEN IT COULD BE GRANDFATHERED IN. (THE OWNER OF LOT 8 WAS NOT PRESENT AT THE MEETING.) THE LAND DEVELOPMENT CODE CAME INTO EXISTENCE IN 1985. MR. COOPER WAS NOT SURE IF THE RE-40 ZONING WAS EVEN ESTABLISHED PRIOR TO ].985. MR. RAIMI ALSO ASKED THE BOARD TO CONSIDER THAT THE OWNERS OF BOTH LOT 8 AND LOT 9 HAVE NOT OBJECTION TO THE ENCROACHMENT. AGAIN MR. COOPER NOTED THAT THIS IS NOT SOMETHING THAT THE BOARD CAN GRANT BECAUSE OF NON-OBJECTION. MR. MATTHEWS WAS ADVISED THAT ALL THE SURROUNDING PROPERTY OWNERS WITHIN A 200 FOOT RADIUS WERE NOTIFIED OF THIS PUBLIC HEARING. NO NEIGHBORS WERE PRESENT. A LENGTHY DISCUSSION FOLLOWED CONCERNING WHETHER THE BOARD SHOULD CONSIDER THE STORAGE BUILDING ON LOT 8 WHICH ENCROACHES ON THE SETBACK AS A FACTOR IN CONSIDERING THIS VARIANCE. PAGE 4 MR. COOPER THEN REVIEWED THE CRITERIA FOR DETERMINING VARIANCES. MR. PRIORE NOTED THAT THE BOARD MUST FOLLOW AS CLOSELY AS POSSIBLE TO THE REQUIRED RULES AND REGULATIONS AS OUTLINED IN THE ORDINANCES. MRS. HEINICKE NOTED THAT SOME BOARDS DO VOTE FROM THEIR HEARTS MORE THAN ANYTHING ELSE. SHE FELT THAT PENALIZING THE BUILDER FOR HIS MISTAKE WOULD CREATE A HARDSHIP FOR HIM. THE HOUSES ARE NOT SO CLOSE TOGETHER THAT THEY WOULD BE AN EYESORE. MOTION BY MRS. HEINICKE, SECONDED BY MR. HUSK TO GRANT THE VARIANCE iN REGARDS TO LOTS 9 AND 9A, ROSELAND ACRES, FOR A BUILDING THAT ENCROACHES APPROXIMATELY 2.54 FEET INTO THE REQUIRED 20 FOOT SETBACK (SECTION 20A-3.1(D)(6)(b) OF THE SEBASTIAN LAND DEVELOPMENT CODE). MR. PRIOR NOTED THAT IF THE VARIANCE IS GRANTED, THE BOARD WOULD BE SETTING A PRECEDENT. MRS. HEINICKE FELT THAT THE BOARD HAD ALREADY SET A PRECEDENT IN THESE CASES. ROLL CALL: YES: MRS. HEINICKE MR. HUSK NO: CHAIRMAN MATTHEWS VICE CHAIRMAN PRIORE MR. STEPHENSON MOTION DENIED. MR. BARBER ASKED THAT THE VOTE ON THiS VARIANCE NOT REFLECT NEGLIGENCE ON THE PART OF PRUDENTIAL BUILDERS WHICH WAS THE RESULT OF AN HONEST MISTAKE MADE BY HIS MASON. MR. MATTHEWS STATED THAT THIS WAS NOT TO BE INTERPRETED AS NEGLIGENCE ON THE PART OF THE BUILDER. MOTION BY MR. PRIORE, SECONDED BY MR. STEPHENSON, TO DENY THE VARIANCE IN REGARDS TO LOTS 9 AND 9A, ROSELAND ACRES, FOR A BUILDING THAT ENCROACHES APPROXIMATELY 2.54 FEET INTO THE REQUIRED 20 FOOT SETBACK (SECTION 20A-3.1(D)(6)(b) OF THE SEBASTIAN LAND DEVELOPMENT CODE). ROLL CALL: YES: CHAIRMAN MATTHEWS VICE CHAIRMAN PRIORE MR. STEPHENSON NO: MRS. HEINICKE MR. HUSK MOTION CARRIED. PAGE 5 PUBLIC HEARING - BURGOON BERGER CONSTRUCTION CORPORATION, IN REGARDS TO LOT 12, BLOCK 29, SEBASTIAN HIGHLANDS UNIT 1, HAS REQUESTED A VARIANCE TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD, WHEREAS THE ORDINANCE (SECTION 20.A-5.6. OF SEBASTIAN LAND DEVELOPMENT CODE) REQUIRES THE PLACEMENT OF SUCH FACiLITiES IN THE FRONT OR SIDE YARD. MR. MIKE DURRANT, DIVISION MANAGER OF BURGOON BERGER CONSTRUCTION CORPORATION IN INDIAN RIVER COUNTY, WAS PRESENT REPRESENTING MR. & MRS. DISIENA, OWNERS OF LOT 12, BLOCK 29, SEBASTIAN HIGHLANDS UNIT 1. WHEN MR. & MRS. DISIENA PURCHASED LOT 12, BLOCK 29, SEBASTIAN HIGHLANDS UNIT 1 ON BANYAN STREET, THERE WAS NO HOUSE ON LOT 13 DIRECTLY TO THE SOUTH OF THIS LOT. THE PROBLEM IS CAUSED BY A HOME TO THE NORTH REAR OF THIS LOT WHICH HAS A SEPTIC SYSTEM IN THE BACK YARD. THE HOUSE TO THE NORTH OF LOT 12 (LOT 11) HAS A WELL IN THE FRONT SOUTH CORNER. ALSO, THE LOT TO THE SOUTH (LOT 13) HAS BOTH AN IRRIGATION WELL AND A POTABLE WELL IN THE NORTH REAR YARD. THESE CONDITIONS WILL NOT ALLOW BURGOON BERGER TO PUT A SEPTIC SYSTEM ANYWHERE ON LOT 12. THE LOT iS CURRENTLY UNBUILDABLE. BURGOON BERGER PROPOSES TO MOVE THE POTABLE WELL ON LOT 13 FROM THE REAR NORTH CORNER OF THE LOT TO THE REAR SOUTH CORNER OF THEIR LOT. THiS WILL ALLOW PLACEMENT OF A SEPTIC TANK AND DRAINFIELD IN THE REAR YARD OF LOT 12. THE REQUEST IS FOR A VARIANCE TO ALLOW PLACEMENT OF THE SEPTIC AND DRAiNFIELD IN THE REAR YARD OF LOT ].2 WITH THE CONDITION THAT THE POTABLE WELL IS MOVED ON LOT 13 TO MAINTAIN A DISTANCE OF 75 FEET FROM THE DRAINFIELD. THE OWNERS OF LOT 13 HAVE AGREED TO THIS AND A LETTER TO THIS EFFECT WAS SUBMITTED WITH THE APPLICATION FOR THE VARIANCE. MR. COOPER NOTED THAT THE WELL ON LOT 11 CANNOT BE MOVED BECAUSE Of' THE EXISTING REAR SEPTIC SYSTEM ON THE LOT TO THE REAR (LOT 8). MR. COOPER STATED THAT STAFF RECOMMENDATION WOULD BE TO MOVE THE WELL TO A POINT OF LEAST IMPACT ON THE VACANT LOTS ACROSS THE STREET. A CONDITION OF THE VARIANCE MAY BE THAT THE WELL IS LOCATED AS FAR WEST AS POSSIBLE BUT STILL MEET H.R.S. REQUIREMENTS. MRS. HEINICKE ASKS IF THE VARIANCE WILL CAUSE LOT 7 ACROSS THE STREET TO NEED A VARIANCE ALSO. MR. COOPER REPLIED THAT LOT 7 ALREADY HAS A PROBLEM CAUSED BY THE WELL ALREADY PLACED ON LOT 8 OF BLOCK 34. THE BOARD IS REQUIRED TO GRANT THE MINIMUM VARIANCE POSSIBLE SO AS NOT TO CREATE A HARDSHIP ON OTHER PEOPLE. PAGE 6 MR. & MRS. GHANEY, OWNERS OF LOTS 7 AND 8, BLOCK 34 WERE PRESENT. THEY WERE CONCERNED ABOUT THE IMPACT ON LOT 8 BY THE POSSIBLE GRANTING OF THIS VARIANCE. MR. COOPER NOTED THAT THEY HAVE ALREADY IMPACTED THIS LOT WITH THEIR OWN WELL LOCATED ON LOT 7. MR COOPER RECOMMENDED A CONDITION OF THE VARIANCE BE THAT THE WELL ON LOT 12 BE PLACED AS FAR WEST ON THE LOT SO AS TO HAVE THE LEAST IMPACT ON THE VACANT LOTS ACROSS BANYAN STREET. THERE FOLLOWED A LENGTHY DISCUSSION ABOUT THE DOMINO EFFECT THESE VARIANCES CAUSE THE OTHER SURROUNDING LOTS. TWO BROTHERS AND A SISTER-IN-LAW OF THE DISIENA PROPERTY OWNERS WERE PRESENT. THE POINT THEY WANTED TO MAKE WAS THAT THE LOT DID NOT HAVE A PROBLEM WHEN IT WAS PURCHASED. THE PROBLEM CAME UP WHEN THE HOME WAS BUILT ON LOT 13. THE HARDSHIP IS TO LOT 12 AND THEY ARE ASKING FOR THE VARIANCE TO MAKE THEIR LOT BUILDABLE. MOTION BY MRS. HEINICKE, SECONDED BY MR. STEPHENSON TO GRANT A VARIANCE FOR LOT 12, BLOCK 29, SEBASTIAN HIGHLANDS UNIT 1, TO ALLOW WASTEWATER FACILITIES iN THE REAR YARD, WHEREAS SEBASTIAN LAND DEVELOPMENT CODE SECTION 20A-5.6 REQUIRES THE PLACEMENT OF SUCH FACILITIES IN THE FRONT OR SIDE YARD, SUBJECT TO THE FOLLOWING CONDITION: WELL IS TO BE PLACED AS FAR NORTH AND NORTHWEST AS POSSIBLE TO ALLEVIATE IMPACT ON BLOCK 34, AND STILL MEET H.R.S. REQUIREMENTS. FOLLOWING A BRIEF DISCUSSION, A ROLL CALL WAS CALLED FOR. ROLL CALL: YES: CHAIRMAN MATTHEWS MR. STEPHENSON MRS. HEINICKE MR. HUSK NO: VICE CHAIRMAN PRIORE MOTION CARRIED. CHAIRMAN'S MATTERS: COMMITTEE MATTERS: NONE NONE PAGE 7 BUILDING OFFICIAL MATTERS: THE LETTERS OF REAPPOiNTMENT FOR THE BOARD MEMBERS NEED TO BE SUBMITTED BY ALI, MEMBERS WHO HAVE NOT YET TURNED THEM IN. MR. PRIORE STATED THAT HIS LETTER WOULD BE TURNED IN WITHIN THE WEEK. NEW BUSINESS: iT WAS REQUESTED BY SEVERAL MEMBERS OF THE BOARD TO HAVE A BLOWUP OF THE SURROUNDING LOTS PROVIDED TO ASSIST THEM WHEN REVIEWING VARIANCES FOR REAR SEPTIC SYSTEMS. MR. COOPER WAS IN AGREEMENT WITH THIS. HE ALSO ASKED THAT IF ANY VARIANCE CASE PACKET WAS CONFUSING TO A BOARD MEMBER, TO PLEASE CONTACT MR. COOPER OR JAN KING TO HELP ANSWER ANY QUESTIONS. MR. STEPHENSON COMPLEMENTED THE CITY ON THE WONDERFUL PICNIC AND ASKED THAT THEY KEEP IT UP! THERE BEING NO FURTHER BUSINESS, MOTION TO ADJOURN WAS MADE BY MRS. HEINICKE, SECONDED BY MR. STEPHENSON. MOTION CARRIED. THE MEETING ADJOURNED AT 5:10 P.M. City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PUBLIC MEETING C.tTY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY [;'LOb[ I DA THE SIi[;BAS'I"Ii:.'Fs/ L',O,.'hRE', C',L" AO2!_'>.','.F~VIENT '-'._",F TH.~:; ~.lfIi~.i"'~' ~'['~F' .~NI,)[AX RiVLR (.K)UXTY, ['2;(.)Rli3A, NILL [-tOr,h~ A SPECIAL TUESDAY, Sfi;PT]};51BL'.R i_1., 1.998, AT .3:00 'P.M. ]'N T'S[~; CITY COUNCIL CNA}'IBER S. SEBASTIAN ...... ARD OzA ..... _~.' ....X'.P N(_')TE: IF ANY PERSOA' !i?i(:IDNS TO .APPEA'L ANY DECISION THE ABOVE HATTERS, HE/SHE ~.[hL NEED A RECOND OF PROC21[;DINGS, AND t:'{..}R SUC~'~ PURPOSES, l'[I:;;./S'}.-lI:,', HAY rI'I~AT A VLiL{L',AI'I}I NSCORD Oll' THE PROCEEDINGS '.IS RECORD i}%<i.'i_.t..;.}~0S "ll'[!.:.:l 'I'ESTINONY iIX ?;k'II.';i:.,;.N('},: f)h WI:.[ICff~ THE APPEAL !S City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 A (i; E N D A Tt]1"-':SDA',_', sr']PTEHBER !1, 1990 4 ("}!,D 3'dSINESS: APF'ROVE AUGt_,ST v '~ 990 ~TNUT]~S f A R D. (~6r'!~NIANS ~iA ERS: C O}iH 1 T T f~', }'l] ?iA T T R R S: 7. 8. 9. ANY PERSON WI,.{{.) DEK'!TDF, S TO i!,PPEAL AN~ DEC.IS]'ON HADE BY THE t3(.:AI.{D OF ;kDJUSTHENT NI'Ffl ~RSPt::(;T q'('} AX¥' }I;%TTT_',N CONSIDERE;D .,¥f' THIS HEE]TiN('3 (ON NEAL~IX(i) t~ILL NEI:]]I A RECORD PR(}C3'3P;{.)INGS lIND HAl( P~E. Lii'} '1'O ENSURE: THAT A L'~:iRSAq'[H RECOP, O 'rt:ii{ PROCEEDINGS !'S HAD[S, WHICH RECORD .[NCLUDSS TIlE TESTIMONY AND EViDENC3.) [;Ni)}{ NHiCH THE APPEAl, is TO ~:} [~P:ARD= (2U6.0J. 05 City of Sebastian POST OFFICE BOX 780127 n SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 RIVER COUS,''!'v r, ~-, r L'I' . ._, r LOt, IDA, WI ,_. COX'DUCT A 'mr"BT. ~,.= ~ IC HEARING TUESDAY, SE~ImrlLgER :z, 1990 3:00 P.M. IN THE CHAMB[ ...... RS LOCATED AT '~.~ ''>o5 MAiN STRBET, SEBAStiAN, ['LORIDA. TO "~'R C'"'T" OF - .... CO~IDER A VARIANCE r~.'.<_.i~ THK _ ~ SEBAS~.IAN ,~AND ~)rx;P'roeMr:'{~' ('ODE SFiCTION 20A-3 !(D) (6) (b) PRUDENTIAL BUILDING CO., iNC., !N R. EGARDS TO LOTS 9 AND 9A, ROSELAND ACRES, HAS 'REQU[!iSTI:illl) A VARIANCE i?'OR A BLI'i.DING THAT ENCROACHES APPROXiMATELI 2.54 FEET 7NTO THE REQUI'RED 20 FOOT SETBACK. " '""' ' "MC KATHRYN M. ,_"}'riALL,_)hAX, ,~ /AAE ~LERt{ CITY OF SRBASTIAN ANY PERSON WHO DECiDi£S TO APPEAL ANY D!!',CIS1ON MAD',-~ BY THE BOARD OF ADJUSTHENT N'['li'f~ R'ESPECT 'Ii'O ANY HATTER [It.'IXSii1DI];;RE[) AT "' ' ') ~xm(_i_,liD THIS NE"TING { OR HEARliNG) WILL NmE[ A '~"' '" '" "' ON THE PROCEEDIN(3S AND 5'[%Y' N/~)ED TO ENSURE TIJAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD iNCLUDES THE TESTIMONY AND EVI.DEXC'.i: UP(DX NHICH THE APPEAL IS TO B[{} H[-".Ag:{D, (286.0].05 ff'.S. } PUBL: SHE~.: City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 C T'TY OF SEI3AST'[AN .] 225 }lAIN ST}-:?]W!' il{DiAN RIVER COUNTY FLORIDA R i V E I-{ (70 [:: :T T !1, : i., ('~ R 1:3 A~ N ! L i.., C O N [1,~ ~_.: C T ,.I ~'~ ~,_.' ~.., ~."- -r C H E A R I N G ............... '¢ r-" x", :: ,"~ :'r ;~P'F:,::;'Rq ..... )...,-~.t ..... AT ~':, ~A~N S ~ SEBASTIAN, c~_~DA, CONS J'lDi{;;f.t A VARi[ANC;' ..... 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