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HomeMy WebLinkAbout10151991BOA 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, OCTOBER 15, 1991, AT 3:00 P.M. IN THE CITY COUNCIL CHAMBERS. t .A~NKING,~~S~CRETARY SEBASTIAN BOARD OF ADJUSTMENT 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 City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA BOARD OF ADJUSTMENT TUESDAY, OCTOBER 15, 1991 3:00 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. OLD BUSINESS: 5. PUBLIC HEARING: APPROVE SEPTEMBER 10, 1991 MINUTES MGB HOMES, INC., IN REGARDS TO LOT 4, BLOCK 5, SEBASTIAN HIGHLANDS UNIT 1, 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. 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. (286.0105 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, OCTOBER 15, 1991, AT 3:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM THE CiTY OF SEBASTIAN LAND DEVELOPMENT CODE, SECTION 20A-5.6. MGB HOMES, INC., IN REGARDS TO LOT 4, BLOCK 5, SEBASTIAN HIGHLANDS UNIT 1, 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: SEPTEMBER 30, 1991 OCTOBER 7, 1991 BOARD OF ADJUSTMENT "SPECIAL MEETING" OCTOBER 15, 1991 - 3:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN MATTHEWS AT 3:05 P.M. THE PLEDGE OF ALLEGIANCE WAS LED BY CHAIRMAN MATTHEWS. ROLL CALL: PRESENT: GALE MATTHEWS, CHAIRMAN JAMES HUSK MARY HEINICKE ALAN SHISGAL ALFRED VILARDI ABSENT: WALTER SHIELDS (EXCUSED) ALSO PRESENT: BRUCE COOPER, DIR. OF COMMUNITY DEVELOPMENT OLD BUSINESS: MOTION BY JAMES HUSK, SECONDED BY ALAN SHISGAL TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD SEPTEMBER 10, 1991 AT 3:00 P.M., AS WRITTEN. ROLL CALL: YES: GALE MATTHEWS JAMES HUSK ALAN SHISGAL ABSTAIN: MARY HEINICKE ALFRED VILARDI MOTION CARRIED. PUBLIC HEARING: MGB HOMES, INC., IN REGARDS TO LOT 4, BLOCK 5, SEBASTIAN HIGHLANDS UNIT 1, 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 JOHN LAMAN, THE GENERAL CONTRACTOR FOR MGB HOMES WAS PRESENT. HE IS REQUESTING THE VARIANCE FOR MR. & MRS. DOSTAL WHO PLAN TO BUILD A SINGLE FAMILY HOME ON THIS PROPERTY. SMITH SURVEY LOCATED ALL THE NEIGHBORING SEPTIC TANKS AND WELLS. IN ORDER TO MEET THE STATE REQUIREMENT OF KEEPING THEIR WELL 75 FEET FROM THEIR SEPTIC SYSTEM AS WELL AS ALL THE EXISTING SEPTIC SYSTEMS, THEY ARE FINDING IT NECESSARY TO PLACE THE SEPTIC SYSTEM IN THE REAR OF THE LOT. THIS IS BECAUSE OF AN EXISTING REAR SEPTIC SYSTEM BY A NEIGHBOR ADJACENT TO THIS PROPERTY. ALAN SHiSGAL NOTED THAT THE DRAINFIELD MIGHT STILL BE PLACED IN THE FRONT OR SIDE YARD. HOWEVER, BRUCE COOPER POINTED OUT THAT THEIR WELL COULD NOT THEN BE LOCATED ON THEIR LOT. H.R.S. IS REQUIRING 900 FEET OF PERCABLE AREA AROUND THE NEW SEPTIC SYSTEM. THE SURVEY' INDICATES THAT THE SYSTEM WILL MECHANICALLY FIT ON THE LOT WITHOUT ENCROACHING. THE EXACT DRAINFIELD MAY NOT LOOK EXACTLY AS SHOWN ON THE PROPOSAL, BUT THEY WILL NOT ENCROACH. TO ALLEVIATE FUTURE PROBLEMS ON LOT 3, BLOCK 5, UNIT 1 (WHICH IS NOW VACANT), BRUCE COOPER PROPOSES THAT THE WELL ON LOT 4, BLOCK 5, BE MOVED AS FAR TO THE RIGHT (NORTH) AS POSSIBLE. THE OWNER OF LOT 2, BLOCK 5, UNIT 1, MR. FOLSWORTH, WAS PRESENT. HE DREW A DIAGRAM ON THE CHALKBOARD SHOWING THE LOCATION OF HIS LOT IN REFERENCE TO THE SUBJECT LOT AND NOTED THAT HIS SEPTIC SYSTEM IS IN THE FRONT WITH HiS WELL IN THE REAR, APPROXIMATELY 10 FEET FROM THE SIDE PROPERTY LINE NEXT TO LOT 3 AND APPROXIMATELY 12 TO 14 FEET FROM THE REAR PROPERTY LINE. MR. CAMPBELL, WHO WROTE A LETTER OF OBJECTION, WAS PRESENT BUT NOTED THAT HE DID NOT FULLY UNDERSTAND THE SITUATION AT THE TIME HE WROTE IT. MR. FOLSWORTH ALSO WROTE A LETTER OF OBJECTION, BUT IT HAD NOT BEEN RECEIVED BY THE BOARD SECRETARY. THE OWNER OF LOT 17, BLOCK 5, SEBASTIAN HIGHLANDS UNIT 1 WAS NOT PRESENT. PAGE 3 BRUCE COOPER RECOMMENDED THE VARIANCE BE GRANTED SUBJECT TO THE WELL BEING MOVED NORTHEAST APPROXIMATELY 25 FEET FROM THE FRONT PROPERTY LINE AND 20 FEET FROM THE SIDE PROPERTY LINE. THIS SHOULD STILL ALLOW LOT 3 (WHICH IS NOW VACANT) TO PLACE ITS WELL IN THE FAR LEFT BOTTOM CORNER (REFER TO THE SURVEY) WiTH THE DRAINFIELD IN THE FRONT NEAR HIS SOUTH LOT LINE. THIS RECOMMENDATION WILL PUT LOT 3 IN THE BEST POSSIBLE POSITION FOR FUTURE DEVELOPMENT. THERE BEING NO FURTHER DISCUSSION, MOTION BY MARY HEINICKE, SECONDED BY JAMES HUSK TO GRANT THE VARIANCE SUBJECT TO STAFF RECOMMENDATIONS (WELL TO BE PLACED APPROXIMATELY 25 FEET FROM FRONT PROPERTY LINE AND APPROXIMATELY 20 FEET FROM THE SIDE (SOUTH) PROPERTY LINE). ROLL CALL: YES: GALE MATTHEWS JAMES HUSK MARY HEINICKE ALAN SHISGAL ALFRED VILARDI NO: NONE MOTION CARRIED. CHAIRMAN MATTERS: NONE COMMITTEE MATTERS: MOTION BY MARY HEINICKE TO ACCEPT, WITH PROFOUND REGRET, MR. GALE MATTHEWS RESIGNATION AS A BOARD MEMBER AND THE CHAIRMAN OF THE BOARD OF ADJUSTMENT. MOTION SECONDED BY MR. MATTHEWS. ROLL CALL: YES: GALE MATTHEWS JAMES HUSK MARY HEINICKE ALAN SHISGAL ALFRED VILARDI NO: NONE MOTION CARRIED. PAGE 4 MOTION BY MARY HEINICKE, SECONDED BY GALE MATTHEWS TO RECOMMEND TO CITY COUNCIL THE APPOINTMENT OF ALTERNATE MEMBER ALFRED VILARDI TO A REGULAR MEMBER POSITION ON THE BOARD OF ADJUSTMENT. ROLL CALL: YES: GALE MATTHEWS JAMES HUSK MARY HEINICKE ALAN SHISGAL ALFRED ViLARDi NO: NONE MOTION CARRIED. IT WAS NOTED THAT A NEW CHAIRMAN AND VICE CHAIRMAN MUST BE APPOINTED. BRUCE COOPER STATES THAT GENERALLY, THE SENIOR MEMBERS ARE CHOSEN FOR THESE POSITIONS. MARY HEINICKE NOMINATED MR. HUSK FOR CHAIRMAN AND ALAN SHISGAL FOR VICE CHAIRMAN. MR. HUSK ASKED ABOUT THE DUTIES OF THE CHAIRMAN. THE CHAIRMAN MUST SIGN THE APPROVED MINUTES AND THE ACTUAL VARIANCE ORDER. HIS NAME WILL APPEAR ON THE PUBLIC NOTICE IN THE PAPER. NOMINATION IS CLOSED. ROLL CALL: YES: GALE MATTHEWS JAMES HUSK MARY HEINICKE ALAN SHISGAL ALFRED VILARDI JAMES HUSK APPOINTED CHAIRMAN ALAN SHISGAL APPOINTED VICE CHAIRMAN BUILDING OFFICIAL MATTERS: NEW BUSINESS: NONE NONE PAGE 5 MOTION TO ADJOURN BY MARY HEINICKE, SECONDED BY JAMES HUSK. ROLL CALL: YES: GALE MATTHEWS JAMES HUSK MARY HEINICKE ALAN SHISGAL ALFRED VILARDI NO: NONE MEETING ADJOURNED AT 3:59 P.M. MOTION CARRIED.