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HomeMy WebLinkAbout10061998BOA City of Sebastian 1225 MAIN STREET E1 SEBASTIAN, FLORIDA 329.58 AGENDA BOARD Of ADJUSTMENT TUESDAY, OCTOBER 6, 1998 7:00 P.M. 2. 3. 4. 5. 6. 7. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: ANNOUNCEMENTS: APPROVAL OF MINUTES: OLD BUSINESS: NEW BUSINESS: Minutes of August 4, 1998 A. PUBLIC HEARING 1. Perugini Construction, Inc., in regards to Lot 121, San Sebastian Springs subdivision, 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. Applicant is also requesting a variance to allow a well in the front yard, whereas the code would require the well 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. 2. Randall K. and Pamela R. Bonar, in regards to Lot 6, Block 43, Sebastian Highlands Unit 2, are requesting a vadance to allow an existing shed to be two feet from the side property line and five feet from the rear property line, whereas the code requires such structure to be a minimum of ten feet from both the side and rear property lines. 8. CHAIRMAN'S MATTERS 9. MEMBERS' MATTERS 10. STAFF MATTERS 11. ADJOURN, City of Sebastian 1225 MAIN STREET FI SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561) 589-2566 PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET IND~ RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORiDA, WILL CONDUCT A PUBLIC I-~EARING OCTOBER 6, 1998, 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. PERUGINI CONSTRUCTION, 1-NC, IN REGARDS TO LOT 121, SAN SEBASTIAN SPRINGS SUBDIVISION, IS REQUESTING A VARIANCE TO ALLOW A SEPTIC SYSTEM WITHIN THE REAR YARD, WHEREAS THE CODE REQUI]R,ES THE SEPTIC SYSTEM TO BE PLACED IN A FRONT OR SIDE YARD. APPLICANT IS ALSO REQUESTING A VARIANCE TO ALLOW A WELL IN THE FRONT YAP.D, WHEREAS THE CODE WOULD REQUIRE ~ WELL TO BE LOCATED WITHIN EITHER THE PORTION OF TI-liE S1DE YARD THAT IS NOT FORWARD OF TI--IE FRONT BUILDING LINE OR WITHIN THE REAR YARD. RONALD A. DEVITO BOARD OF ADJUSTMENT CHAIRPERSON CITY OF SEBASTIAN ANY PERSON WI-lO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTM]ENT WITH RESPECT TO ANY MATTER CONSIDERED AT TttIS MEETIN@ (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF TIlE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTEviONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WYI'H DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (561) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF ~ M~ETING. TWO OR MORE CITY COUNCIL MEMBERS MAY BE IN ATTENDANCE OF THIS MEETING. PUBLISHED SEPTEMBER 21, 1998 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561) 589-2566 PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET IND~ RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING OCTOBER 6, 1998, AT 7:00 P.M. IN Ti{E CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTIONS 20A-3.4D6(b) AND 20A-5.5D OF THE SEBASTIAN LAND DEVELOPMENT CODE. RANDALL K. AND PAMELA R. BONAR, I-N REGARDS TO LOT 6, BLOCK 43, SEBASTIAN HIGHLANDS UNIT 2, ARE REQUESTING A VARIANCE TO ALLOW AN EXISTING SHED TO BE TWO FEET FROM Tt{E SiDE PROPERTY LINE AND FIVE FEET FROM THE REAR PROPERTY LINE, WHEREAS THE CODE REQUI]RES SUCH STRUCTURE TO BE A MINIMUM OF TEN FEET FROM BOTH THE SIDE AND REAR PROPERTY LINES. KONALD A. DEVITO BOARD OF ADJUSTMENT CHAIXPERSON CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT TI-lIS MEETII~G (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF ~ PROCEEDINGS IS MADE, WHICH RECORD INCLUDES TI-rE TESTIMONY AND EVIDENCE UPON WHICH TI-{E APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE Alvl2ERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (561) 58%5330 AT LEAST 48 HOURS IN ADVANCE OF TH]E MEETING. TWO OR MORE CITY COUNCIL MEMBERS MAY BE IN ATTENDANCE OF TI-lIS MEETING. PUBLISHED SEPTEIvflBER 2l, 1998 CITY OF SEBASTIAN BOARD OF ADJUSTMENT REGULAR MEETING OCTOBER 6, 1998 Chmn. Devito called the meeting to order at 7:00 pm. The Pledge of Allegiance was said. ROLL CALL: Chmn. Devito Gregory Gore Louis Nicolini, Sr. Keith Miller(a) VC. Crockett Clive Beckwith(a) James Schmitz ALSO PRESENT: Tracy Hass, Growth Management Director Jan King, Growth Management Manager APPROVAL OF MINUTES: MOTION by Gore/Crockett I move that the reading of the minutes be wa/ved. 5 - 0 motion carried. MOTION by Gore/Crockett I make a motion to accept the minutes as typed. 5 - 0 motion carried. NEW BUSINESS: A. PUBLIC HEARING: 1. Perugini Construction, Inc., in regards to Lot 121, San Sebastian Springs subdivision, 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. Applicant is also requesting a variance to allow a well in the front yard, whereas the code would require the well 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. Mr. Greg Perugini, 5800 374 St., Vero Beach was present representing the applicant. Ann Brack, Recording Secretary (8/4/98) BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF OCTOBER 6, 1998 Mr. Perugini and Ms. King were sworn in at 7:04 pm. Mr. Perugini gave a brief presentation. Mr. Miller questioned the applicant as to why the septic tank was installed and placed before he had received a variance. Ms. King gave staff presentation, explained the Health Department's role in this issue, and recommended approval. She also noted that this application could not have come before this Board earlier because the Board only meets once a month, and the requirements of noticing made it suitable for this October meeting. She noted that the Building Official gave Mr. Perugini verbal permission to proceed at his own risk. MOTION by Gore/Schmitz I move to close discussion on it, and move to a vote. Discussion: Mr. Miller was upset about the way this issue progressed. Various members attempted to explain it to him. A voice vote was taken. 5 - 0 motion carried. The public hearing was opened and closed at 7:31 pm, and there was no public input. MOTION by Gore/Crockett I move to accept the application for a septic tank and drainfield to be placed in the rear yard, and the well in the front yard, and specify, that in particular, that guttering be installed transporting the water away from the drainfield system. Roll call: Chmn. Devito - yes VC Crockett - yes Gregory Gore - yes James Schmitz - yes Louis Nicolini, Sr. - yes Randall K. and Pamela R. Bonar, in regards to Lot 6, Block 43, Sebastian Highlands Unit 2, axe requesting a variance to allow an existing shed to be two feet from the side property line and five feet from the rear property line, whereas the code requires such structure to be a minimum often feet from both the side and rear property lines. Mr. Randy Bonar, 670 Jordan Avenue, was present and.was swom in by Chmn. Devito at 7:30 pm. At this point, Board members Keith Miller, Chmn. Ron Devito, and James Schmitz noted that they all visited the site. BOARD OF ADmSTMENT . MINUTES OF REGULAR MEETING OF OCTOBER 6, 1998 Mr. Bonar gave a brief presentation and noted that the shed was there when he purchased the property. He also submitted a list of signatures obtained from neighbors in favor of his shed's location. There were thirty-six (36) notices of hearing sent out, and there were no objection or non- objection letters received. Ms. King gave staff presentation, noted that the satellite dish and shed were on the property in 1992 when Mr. & Mrs. Bonar purchased the property. They then added a large swimming pool and screened enclosure, and fenced the rear yard, all with permits. She noted that there is no room to move this shed to come into compliance. Ms. King passed around pictures of the site. ChInn. Devito asked the applicant why he was filing for a variance. Mr. Bonar responded that he feels that it was reported in recourse to Sal Neglia's shed problem, but it was reported anonymously. Mr. Bonar noted that he had been a Code Enforcement officer for the City for a brief time. There were thirty-six (36) notices of hearing sent out and there were no objection or non- objection letters received. ChInn. Devito opened and closed the public hearing at 7:51 pm, and there was no public input. . Mr. Beckwith asked what the staff recommendation is and noted that they are missing from the staff report. Ms. King explained that, since Mr. Bonar had been part of the Building Department and was known by everyone in that Department, she did not want to give any indication of favoritism, therefore she whittled a recommendation, and is leaving the determination to this Board. Verbally, she indicated that staff recommends approval of this variance, noted special circumstances exist, and the conditions were not created by the applicant. She also noted that for at least six (6) years, no one noticed anything unusual with this shed. Mr. Bonar explained that he did not become a Code Enforcement officer until 1996, and he was not aware of all of the codes. He never evaluated it during the short time that he was in Code Enforcement. MOTION by Nicolini/Gore I'd make a motion to accept the application as it stands. AMMENDMENT TO MOTION by Crockett/Schmitz If the structure is ever dismantled for whatever reason, either by the utility or by a storm, that it not be rebuilt or replaced. . 3 BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF OCTOBER 6, 1998 Roll call on the amendment: Chnm. Devito Gregory Gore Louis Nicolini, Sr. The vote was 5 - 0. Motion to amend carded. Roll call on the Motion: Chron. Devito Gregory Gore Louis Nicolim, Sr. The vote was 5 - 0. Motion earned. yes yes yes At 8:00 pm, Mr. Gore left the meeting for another appointment. MEMBERS MATTERS: There was discussion on the above case. Chmn. Devito adjoumed the meeting at 8:07 pm. - yes - yes - yes VC Crockett - yes James Schmitz - yes VC Crockett James Schmitz - yes - yes (100698 AB) City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561)589-5537 [] FAX (561) 58%2566 BOARD OF ADJUSTMENT MINUTES OF MEETING H~ELD APPROVED AT MEETING' ANN BRACK, SECRETARY BOACS.DOC