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HomeMy WebLinkAbout10151992BOA City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 r~ FAX (407) 589-5570 2. 3. 4. 5, AGENDA BOARD OF ADJUSTMENT THURSDAY, OCTOBER 15, ].992 3:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OLD BUSINESS: APPROVE AUGUST 11, 1992 MINUTES PUBLIC HEARING: WILLIAM E. HAYHURST, IN REGARDS TO LOT 1.3, BLOCK 125, SEBASTIAN HIGHLANDS UNIT 4, IS REQUESTING A VARIANCE TO REDUCE THE MINIMUM LOT SIZE OF THIS LOT FROM 10,000 SQUARE FEET TO 9,375 SQUARE FEET AND THE MINIMUM LOT WIDTH FROM 80 FEET TO 75 FEET. 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 M' ' AT, ER 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 E ~ VIDENCE 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 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 THURSDAY, OCTOBER 15, 1992, AT 3:00 P.M. IN THE CITY COUNCIL CHAMBERS. 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 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 THURSDAY, OCTOBER 15, 1992, AT 3:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-3.4 D 1 AND SECTION 20A- 3.4 D 2 OF THE SEBASTIAN LAND DEVELOPMENT CODE. THIS IS A CONTINUATION OF THE REGULAR MEETING SCHEDULED FOR OCTOBER 6, 1992. WILLIAM E. HAYHURST~ IN REGARDS TO LOT 13, BLOCK 125, SEBASTIAN HIGHLANDS UNIT 4, IS REQUESTING A VARIANCE TO REDUCE THE MINIMUM LOT SIZE OF THiS LOT FROM 10,000 SQUARE FEET TO 9,375 SQUARE FEET AND THE MINIMUM LOT WIDTH FROM 80 FEET TO 75 FEET. JAMES HUSK, 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 21, 1.992 SEPTEMBER 28, 1992 BOARI) OI:: ADJUS'I.'M[:;NT "CONTINUATION OF OCTOBER 6, ]_992 MEETING" MEETING WAS CALLED TO ORDER BY AC'rING CHA.I2RMAN ALFRED VILARDI AT ."1:07 THE PLEDGE OF ALL['.':G.!'ANCE [NAS LED BY HR, VILARD1, ROLL CALL: PR E,q ENT: Ai, FR[i]D VILARDI, ACTiNC, CHAIRMAN FRED BUEC. HL1NG CP, ANFf)RD SPROUL, AI,TFJRNATI); DONALD EI.,SESSOR, ALTERNATE ABSENT: ,[ANI':]S i!USK, CHAIRMAN ALAN SHISGAL, VICE CHAIR.MAN JO HN P R I C E iT 1S NOTED THAT CRANFORD SPROUL, ALTERNATE, WiLL ACT IN BEH~kLF OF JAMES HUSK~ WHO IS ABSENT AND DONALD ELSESSOR WILL ACT IN BEHALF Off ALAN SHI. SGAL~ WHO IS ABSENT. ALSO PRESENT: P, RUCE COOPER, DIR. OF COHMUNITY DEVELOPMENT ()LB BUSINESS: MOTION B'~ I!'RED BUECHLING, SECONDED Bkl CRANffORD SPROUL, 'I'O APPROVE MINUTES O[" T[.:Ili~ AUGUST 1.1, 1992 HEEr['ING, AND THE OCTOIBER 6, 1992 MEETING, AS WRITTEN. CARRIED, PUBLI-C HF. ARING: WILI, IAM E. HAYHURST, IN REGARDS TO LOT 13, BLOCK 125, SEBASTi[AN HIGHLA.NDS UNIT 4, IS REQUESTING A VARIANCE TO REDUCE THE MINIMUM LOT SIZE OF THIS LOT [;'ROM .[0,0(~0 SQUARE FEET TO 9,375 SQUARE FEET AND THE M'[NIN[)M I.,OT WIDTH FROM 80 FEET TO 75 flEET. B£LL HAYHURST, Ti!IF OBJNER OF MAYHURST LAND SURVEYING, WAS PRESENT. THE SCRVEY FOR LOT '1.4 WAS IN ERROR ANI) THE HOUSE ON THA'r LOT WAS PLACED 5 iFEET TOO CLOSE TO TIlE PROPERTY LINE. TO RECT]'FY THIS, MR. [,I/~YHURST ~AS PiJRCHASING LOT 13 WITH THE INTENT OF TURNING OVER 5 FEET OF IT TO LOT 14. PAGE 2 MR. COOPER NOTED THAT THE BUILDING ON LOT ]..4 HAS ALREADY BEEN CONSTRUCTED. THERE WAS AN AS-BUILT SURVEY DONE, BUT THE INFORMATION WAS BASED ON THE iNCORRECT PROPERTY CORNERS. THE APPLICANT .IS ASKING FOR ONLY THIS VARIANCE AND WILL NOT ASK FOR ANY' OTHER VARIANCES REGARDING C'ONSTRUCTION. BRUCE COOPER ALSO NOTED TItArI' THE SURVEYOR DID HAVE THE OPTION OF LETTING HIS INSURANCE TAKE CARE OF THIS MATTER BY' MOVI'NG THE HOUSE ON LOT ]_4 TO THE PROPER LOCATION. THE A'I'TORNEY ASKED 'tHAT MR. COOPER CONVEY A MESSAGE TO THE BOARD. TEC[tNICA[~LY BECAUSE MR. HAYHURST IiS THE APPLICANT, HE HAS CAUSED THE CONDIT1. ONS THAT ARE BEFORE YOU AND BASED ON THE CODE, THE ATTORNEY 1:lAS A PROBI, EM RECOMMENDING GRANTING THE VARIANCE BECAUSE OF THAT. IF THE HOMEOWNER ~AS TO APPLY FOR THE VARIANCE WIiICH WAS NOT CAUSED BY THEM, IT WOULD BE A DIEFERENT SITUATION. THE PUBLIC HEARING WAS OPENED. MR. ROBERT STUART, OWNER OF LOT .1.4, WAS PRESENT. HE WOULD LiKE TO SEE THiS MATTER SQUARED AWAY AND HAVE TEN FEET ON EACH SIDE OF [t'I:S HOUSE. MR. STUART WOULD NOT BE iN FAVOR OF MOVING HIS EOUSE TO SOLVE; T}~IS PROBLEM. MR. HAYHURST TRIED SEVERAl., OTHER ALTERNATIVES, NONE OF WHICH WORKED OUT. HOWEVER, HE IS TRYING TO F"[X THE SITUATION HE HAS CREATED. HE STATED THAT HE IS PURCHASING LOT ]_3 AND HE IS DEEDING FIVE FEET OF ~T TO MR. STUART. THIS RE(2UEST FOR THE VARIANCE IS TO I)E'I'ERMINE WHAT MR. H'AYHURST WILI, BE ABLE TO DO /,~i'i'H THE REMAINING 75 FOOT LOT. MR. COOPER NO'['}~;D THAT HE PERSONALITY DOES NOT HAVE A PROBLEM WITH GRAN'I-'JNG THIS VARIANCE. LOT SIZES ARE iNTENDED TO PROVIDE MINIMUM OPEN SPACE. THERE ARE MANY LOTS WHICH ARE ALREADY SUBSTANDARD BUT ARE: EXISTJNG AND HAVE BEEN PLAT'Ii'ED THAT WAY. THEY STI[,L MUST YlEET SETBACK REQUIREMENTS AND ARE LIMITED TO THE SIZE OF HOME WHICH CAN BE BU]:I/[' ON THEbl. MR. SPROUL ASKED IF THIS MUST BE REPLATTED? PAGE 3 MR. COOPER STATED THAT THIS IS A SIMPLE CHANGING OF THE DEED. ALSO, A UNITY OF TITLE NEEDS TO BE RECORDED TO TIE THE FIVE FEET OF' LOT 13 TO LOT ].4 TO REMAIN AS ONE LOT NEVER TO BE REMOVED. THE REMAINING PORTION OE LOT 13 WOULD SHOW THE RECORD OF A VARIANCE BEING GRANTED. MR. SPROUL ASKED IF THERE IS A UTILITY EASEMENT BETWEEN LOT 13 AND LOT 14. MR. COOPER NOTED THAT THERE ARE EASEMENTS ALONG ALL SIDE PROPERTY LINES, BUT THEY CAN BE VACATED IF THERE ARE NO UTILITIES iN THERE. MR. VILARDI ASKED IF CONDITIONS COULD BE PLACED ON THE VARIANCE AND WHETHER A VARIANCE COULD BE GRANTED TO MR. HAYHURST WHEN HE DOES NOT YET OWN THE LOT. MR. COOPER NOTED THAT THE VARIANCE APPLIES TO THE PROPERTY AND THAT TIME LIMITS AND OTHER CONDITIONS CAN BE PLACED ON THE VARIANCE. MR. COOPER ASKED THAT IF THE VARIANCE WERE TO BE GRANTED, THAT NO OTHER VARIANCES BE GRANTEI) ON LOT 113 OTHER THAN LOT WIDTH AND LOT SIZE. HE WOULD ALSO REQUEST THAT THERE WOULD BE A TIME LIMIT THAT THIS VARIANCE BE GRANTED PENDING TRANSFER OF THE FIVE FEET TO MR. STUART. MR. HAYHURST EXPLAINED THAT HE WILL NOT ACTUALLY EVER OWN LOT ]3, HE t-lAS A CONTRACT FOR SAi, E AND HOPES TO TRANSFER FIVE FEET TO MR. STUART AND THE REMAINING 75 FEET TO ANOTHER OWNER AT THE CI,OSING. THIS IS PENDING THE (;RANTING OF THIS VARIANCE, SINCE THE 75 FOOT LOT IS NOT BUII, DABI, E WITHOUT IT. MR. HAYHURST STATED THAT ALL TRANSFERS COULD BE DONE WITHIN 60 DAYS. MR. COOPER REMINDED THE BOARD OF THE SIX-MONTH I,iMITATION ON VARIANCES. HE NOTED THAT TIlE VARIANCE MUST BE EXECUTED WITHIN S]'X MONTHS, AND IN TH,liS CASE, THE PROPERTY TRANSFER WOULD BE THE CONVEYANCE. THE PUBLIC HEARING WAS CLOSED. PAGE 4 MOTION BY CRANFORD SPROUL, SECONDED BY DONALD ELSESSOR, THAT THE VARIANCE BE GRANTED ON THE CONDITIONS AS SET FORTH BY THE CHAIRMAN WHICH WERE: 1. 90 DAYS TO EXECUTE. NO FURTHER VARIANCES TO BE GRANTED REGARDING SIDE YARD, FRONT YARD OR REAR YARD SETBACKS. MR. SPROUL NOTED TItAT THE PURPOSE OF THIS BOARD IS TO LOOK AT HARDSHIPS CONCERNING PROPERTY. IN THIS CASE, DUE TO A MISTAKE THERE; IS A DEFINITE HARDSHIP TO THE OWNER, AND THAT THE AMOUNT OF PROPERTY TO BE GIVEN UP BY THIS [.,/'.liT IS RELATIVELY SMALL. ROLL CALL: YES: ALI~'RED VILARDI CRANFORD SPRC)UI., DONALD ELSESSOR NO: FRED BUECHLING MOTION CARRIED. CHAIRMANS MATTERS: ACTING CHAIRMAN VILARDI NOTED TItAT MEETINGS HAVE BEEN SCHEDULED ON ODD DAYS, AND THAT IT MAY BE HARD TO GET MEMBERS TO ATTEND BECAUSE OF THAT. BRUCE NOTED THAT SPECi. AL MEETINGS ARE; ONLY SCHEIDULED WHEN WE KNOW THAT THERE WILL BE A QUORUM, AND T(-) TRY AND FACILITATE THF, APP[,ICANT. ~E DO TRY TO ADHERE TO THE SCHEDULE. THE LAST MEETING WHICH DID NOT HAVE A QUORUM ~AS ON THE REGULAR DAY (FI_RST TUESDAY OF Tile MONTH). THIS SPECIAL CONTINUATION OF THAT MEETING WAS TO ACCOMMODATE THE APPLICANT. COMMITTEE MATTERS: NONE', BU[I3I)'[NG OEFICIAL~I, A,['"'['.LRS" ': NONE NEW BUSINESS: NONE MEETING ADJOURNED BY ACTING CHAIRMAN V]iLARDI AT 3:39 P.M.