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Home My WebLink About09131995BOA• • • City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589 -5330 o FAX (407) 589 -5570 MINUTES BOARD OF ADJUSTMENT WEDNESDAY, SEPTEMBER 139 1995 6:30 P.M. 1. Mayor Firtion called the Board of Adjustment meeting to order at 6:30 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL: City Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran 1 1 Staff Present: City Manager, Joel Koford City Attorney, Clifton cClelland, Jr. City Clerk, Kathryn O'Halloran Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio C.1 tj 1) rem- 3V trim M-Ins MUMMMM"M Vice Mayor Corum noted a correction to the minutes, stating that she had not yet arrived when the vote on the July 12, 1995 minutes took place. MOTION by Conun/Cartwright I move approval. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor CoiUm - aye MOTION CARRIED 5 -0 Board of Adjustment September 13, 1995 Page Two ► t ► Mayor Firtion opened the quasi-judicial hearing at 6:34 p.m. The Director of Community Development presented the request and recommended approval. He said he felt the code needs to be relaxed somewhat relative to placement of septic systems for these types of developments. Randy Mosby, Mosby and Associates, spoke on behalf of the applicant, stating that HRS approval had been obtained. Vice Mayor Corum expressed concern for what she perceived as a lack of open space. MOTION by Cartwright/Halloran I move to approve the request and grant the variance. The Director of Community Development suggested the motion be based on findings of fact and reiterated that the subject property is abnormally large for the intent of the ordinance and does not have a detrimental affect nor an immediate impact on neighboring properties by the granting of the variance. Mrs. Cartwright concurred. • 2 Board of Adjustment September 13, 1995 Page Three ROLL CALL: Mrs. Cartwright - aye e Y Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 5 -0 7. MEMBERS' MATTERS Mrs. Cartwright inquired whether the ordinance can be amended in general since HRS is the governing body relative to septic systems. The Director of Community Development said it would be best to leave it in place for residential areas. He said Planning and Zoning will look at it with staff. 16 8. BUILDING OFFICIAL MATTERS None. 9. Being no further business, Mayor Firtion adjourned the Board of Adjustment meeting at 6:47 p.m. Approved at the , 1995, Regular City Council Meeting. Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC /AAE City Clerk 0 W' r City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589 -5330 Q FAX (407) 589 -5570 A G E N D A BOARD OF ADJUSTMENT WEDNESDAY, SEPTEMBER 13, 1995 6:30 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. OLD BUSINESS: APPROVE MINUTES OF AUGUST 23, 1995 MEETING 5. NEW BUSINESS: PUBLIC HEARING: PHIL BARNHART, IN REGARDS TO LOTS 4 AND 5 OF THE INDIAN RIVER INDUS'T'RIAL PARK SUBDIVISION, IS REQUESTING A VARIANCE FROM SECTION 20A -5.6 OF THE LAND DEVELOPMENT CODE TO ALLOW A SEPTIC SYSTEM WITHIN THE REAR YARD, WHEREAS THE CODE REQUIRES THE SEPTIC SYSTEM TO BE PLACED IN THE FRONT OR SIDE YARD. THE APPLICANT ALSO WISHES TO PLACE A WELL IN THE FRONT YARD, WHEREAS THE CODE REQUIRES THE PLACEMENT OF A WELL WITHIN EITHER THE PORTION OF THE SIDE YARD THAT IS NOT FORWARD OF THE FRONT BUILDING LINE OR WITHIN THE REAR YARD. 6. CHAIRMAN'S MATTERS 7. MEMBERS' MATTERS 8. BUILDING OFFICIAL MA'T'TERS 9. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEE'T'ING (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 Q SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589 -5330 0 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 SEP'T'EMBER 13, 1995, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS. KATHRYN P. O'HALLORAN CITY Cl, 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 TIiE 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 SHOUTED CONTACT THE CITY'S ADA COORDINATOR AT (407) 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. J City of Sebastian 1225 MAIN STREET Q SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589 -5330 n FAX (407) 589 -5570 PUBLIC. NO'T'ICE CITY OF Sly :BAST'TAN :1225 MAIN STREET INDIAN RIVER COUNTY FLOR -1 DA '.I.'HE BOARD OF ADJUSTMENT OF 'PITT; CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUC'l.' A PUBLIC HEARING SEP'T'EMBER 1.3, 1995, AT 6:30 P.PI. I-N THE CITY COUNCIL CHAMBERS LOCATED AT 1.225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A -5.6 OF THE SEBASTIAN LAND DEVELOPMENT CODE. PHIL BARNHART, IN REGARDS TO LOTS 4 AND 5 OF THE INDIAN RIVER INDUSTRIAL PARK SUBDIVISION, IS REQUESTING A VARIANCE TO ALLOW A SEP'T'IC SYSTEM WITHIN 'I HE' REAR YARD, WHEREAS THE CODE . REQUIRES THE SEPTIC SYS'T'EM TO Bk,,, PLACED IN THE FRONT OR SIDE YARD. THE APPLICANT ALSO WISHES TO PLACE A WELL IN '.I'HE FRONT YARD, WHEREAS THE CODE REQUIRES THE PLACEMENT OF A WELL WI'T'HIN EITHER THE PORTION OF TH}: SIDE YARD THAT IS NOT FORWARD OF THE FRONT BUILDING LINE OR WITHIN THE REAR YARD. KATHRYN M. O' HALLORAN CITY CLERK CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL, ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPIEC7' TO ANY MATTER CONSIDERED AT THIS MEE'T'ING (OR HEARING) WILT:, NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE T'EST'IMONY 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 29, 1995 SEPTEMBER 5, 1995 • wl ITEM NO. )L,u MOLL CALL 1 Vice Mayor Corum Mrs. Cartwright,,--' Mrs. Damp Mr. Halloran Mayor Firtion 1-� i ITEM NO. ROLL CALL 2 Mrs. Cartwright Mrs. Damp �- Mr. Halloran Mayor Firtion Vice Mayor Corum.'' ITEM NO. ROLL CALL 3 Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright ITEM NO. ROLL CALL I Vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion ITEM NO. ROLL CALL 2 Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum ITEM NO. RQLL CALL 3 Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright ITEM NO. ROLL CALL I Vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion ITEM NO. ROLL CALL 2 Mrs. Cartwright Mrs. Damp Mr, Halloran Mayor Firtion Vice Mayor Corum ITEM NO. ROLL CALL 3 Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright ITEM NO. ITEM NO. ITEM NO. MOLL CALL 4 ROLL CALL 4 ROLL CALL 4 Mr. Halloran Mr. Halloran Mr. Halloran Mayor Firtion Mayor Firtion I Mayor Firtion Vice Mayor Corum Vice Mayor Corum ; Vice Mayor Corum Mrs. Cartwright Mrs. Cartwright Mrs. Cartwright Mrs. Damp Mrs, Damp I Mrs. Damp ITEM NO. ROLL CALL 5 Mayor Firtion Vice Mayor Corum Mrs. Cartwright Mrs. Damp Mr. Halloran 11 ITEM NO. ITEM NO. RQLL CALL 5 j ROLL CALF„ 5 Mayor Firtion i Mayor Firtion Vice Mayor Corum ; Vice Mayor Corum Mrs. Cartwright ! Mrs. Cartwright Mrs. Damp ; Mrs. Damp Mr. Halloran Mr. Halloran 6 • City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589 -5330 0 FAX (407) 589 -5570 A BOARD WEDNESDAY, 1. CALL TO ORDER G E N D A OF ADJUSTMENT SEPTEMBER 13, 1995 6:30 P.M. 2. PLEDGE OF ALLEGIANCE srY 3. ROLL CALL 4. OLD BUSINESS: APPROVE MINUTES OF AUGUST 23, 1995 MEETING P mac, r� 5., NEW BUSINESS: PUBLIC HEARING: PHIL BARNHARl', IN REGARDS TO LOTS 4 AND 5 OF THE INDIAN RIVER INDUS'T'RIAL PARK SUBDIVISION, IS EQUESTING A VARIANCE FROM SEC'T'ION 20A -5.6 OF THE LAND ( DEVELOPMENT CODE TO ALLOW A SEPTIC SYSTEM WITHIN THE REAR YARD, WHEREAS THE CODE REQUIRES THE SEP'T'IC SYSTEM TO BE K� PLACED IN THE FRONT OR SIDE YARD. THE APPLICANT ALSO WISHES TO PLACE A WELL IN THE FRONT YARD, WHEREAS THE CODE REQUIRES TILE PLACEMENT OF A WELL WITHIN I,_JTIlER THE PORTION OF THE SIDE YARD THAT IS NOT FORWARD ()F THE FRONT BUILDING LINE OR WITHIN THE REAR YARD. L�� Ho� n 6. CHAIRMAN'S MATTERS U' 7. MEMBERS' MATTERS 8. BUILDING OFFICIALI;TERSul /,i 9. ADJOURN, qq 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 Q SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589 -5330 0 FAX (407) 589 -5570 PUBLIC NOTICE CITY OF S31.0BAS'I'T.AN 1.225 MAIN STREET INDIAN RIVI,;R COUNTY_ FLORIDA THE BOARD OF ADJUSTMENT OF THE CI-TY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING SEPTEMBER 13, 1995, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBAS7':I.AN, FLORIDA, J'O CONSIDER A VARIANCE FROM SECTION 20A --5.6 c71? I'HE SEBASTIAN ],AND DEVELOPMENT CODE. PHIL BARNHART, IN REGARDS TO LOTS, 4 AND 5 OF THE LNDIAN RIVER INDUSTRIAL PARK SUBDIVISION, IS .REQUESTING A VARIANCE TO ALLOW A SEPTIC SYSTEM WITHIN ']'111; REAR YARD, WHEREAS THE CODE REQUIRES THE SEPTIC SYSTEM TO BF PLACED IN THE FRONT OR SIDE YARD. THE APPLICANT ALSO WISHES TO PLACE A WELL IN THE FRONT YARD, WHEREAS THE CODE REQUIRES 'I'I1E PLACEMENT OF A WELL WITHIN EITHER ']`HE PORTION OF THE SIDE YARD THAT IS NOT FORWARD OF THE FRONT BUILDING LINE' OR WITHIN THE DEAR YARD. KATHRYN M. O'HALLORAN CITY CLERK CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAI. , ANY DECISION MADE 13Y THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEE'T'ING (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, 1S TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITTI?S 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 29, 1995 SEP'T'EMBER 5, 1995 Application STIAH 1cr ceived on < MXL I hereby make application to the Board Of Adjustment of the City of Sebastian, I'lorida for a hearing to resolve the mattar(s) as (D", Cx b `� ✓ e stated. Indian River Legal Description of Land in is Lots 4 & 5 Industrial Park Subdivision as recorded in Plat Soak 1aZ, Florid Pa e 5 Public Records of Indian River Industrial IN Land Use zoning Classification or Appeal is) or Variance(s), This Application is farms o rect designation -) Special Exception. (Specify REQUESTING TO BE VARIED SPECIFY ALL CODE PROVISIONS WHICH YOU ARE THAT YOU OR THE DECISION OR DECISIONS OF THE BUILDING Y6xALOf the A ealin ARC APPEALING 2 c r, - vCiJ I P � C 6 r t^ r-e- L Land Development Co J, t h� r Ire✓ r eci. y \ice ��^�' P1 -- . u) `FU Ci��V,_J c� � ' \Gr- eet 2.� o CI C� f u i ✓ Y 1\ A C. C r►�� [7 hff t„�c11 t,v�1 (ire ,.c,r.t c, ►c1 i.. reA� �,� Cod v �► it e. �� n rtY.e� Agent rcl 1 rn i ► S r►o t „w•' _ Mr. Rand Mo c y , Phil Barnhart Owner NAME Or OWNERS) Private road off Gibson Street STREET ADDRESS OI PARCEL IN xssu:� Sebastian, Florida 157 Royal Palm, MAILING ADDRESS or APPLICANT�07- 589 -%199 PHONE NUMBER OF APPLICANT: PARcEL IF APPLICANT IS OTHER THAN RECORD OWNER OF LICATIONxONCOWNPR SEN AUTHORI2ATION FROM OWNER TO SUBMIT THIS APP BEHALF. ADDITIONAL COMMEN'�S: The variance is re nest d best utilization of the land and the_.__f.Act 7. . that Thant adjacent pro ert has it's we1-1 located to the and t� sep is tank located t.o the rear creating om 1 'n to 20A -5. - , \5 �15 proble Sici•Rature Appl Agent Title oP Applicant (ix arplicable) R,rNT NAME the Board's ,lion sheet outlining r( proceaurts. this )\ fee of one hund red dollars ($IOD.UD) must accompany Application- Approved Form ReSOluCion NO. Dated: • \m\v X 3 `d 4 &G 2P 0 I 1 , WAIVER AND CONSENT I /We, the owner(s) of the property located at &005011,% Sebastian, Indian River County, T'loz:ida, (the "Property "), hereby authorize each and every member of the 6J. L)(- Board /Commission of the City of Sebast an (the "Board " / "Conuni.ssion ") to physically enter upon the property and view the Property in connection with my /our pending (the "Proceeding"). I /We hereby waive any objection or defense I /we may have, due to the quasi - judicial nature of the proceeding, resulting from any Board /Commission member entering or viewing the property, including any claim or assertion that my /our procedural or substantive due process rights under the Florida Constitution or the United States Constitution were violated by such entering or viewing. This Waiver and Consent is being signed by me /us voluntarily and not as a result of any coercion applied, or promises made, by any employee, agent, contractor or official of the City of Sebastian. Dated this ` S day of IV 64�•& -f7 , 19,9 -7 SWORN to and subscribed before me this IS day of 19 Notary Public My Commission Expires= •. GERALDINE FRANCES KUBES MY COMMISSION N CC 416678 ' PA =- EXPIRES: October 26.1998 RFI ll Bonded Tbru Notary Pubec UndewltUn • i E ! -1 1 I1\1C. August 17, 1995 Mr. Bruce Cooper City of Sebastian 1225 Main Street Sebastian, FL 32958 Subject: Envirocraft Sebastian, Florida Engineer's Project No. 95 -333 Dear Mr. Cooper: (15� 75 2455 14TH AVENUE P.O. BOX 6368 VI F0 BEACH, FLORIDA 32961 407- 569.0035 Enclosed are thirteen (13) copies of the site plan for the subject project. These drawings are submitted for use in the variance request submitted on August 8, 1995. On behalf of the owners, we are requesting a variance to Section 20A -5.6 of the City's Land Development Code, which requires the septic tank system to be placed within the front yard and the private well to be placed within the rear yard. Our variance request is based on the following justifications: l . The adjacent existing lot to the north was constructed with the well in the front yard and the septic system in the rear yard, presently set back restraints in meeting the requirements of Section 20A-5.6. 2. The site layout was developed for the best utilization of the property in the phased development of the project. 3. The layout of the project, including building, parking areas and drainage systems were based on minimizing the impact to the existing trees, resulting in the best location of the septic tank, as shown on the plans. d. The purpose of Section 20A -5.6 in requiring the septic tank to be located within the front yard is for the ease of connection to a public wastewater collection system, if ever installed in the future and to prevent contlicl with adjacent well and septic tanks. The layout of the proposed septic tank system is located such that it can be easily connected to public services in the future and ininimire any impacts to the adjacent properties. �• CnSL Mr. Bruce Cooper August 17, 1995 Page 2 Your assistance in processing the required variance request as soon as possible would be appreciated. Should you have any questions regarding the above subject, please call. Very yfVy M cc: Mr. Phil Barnhart fo •