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Home My WebLink About11021999BOA City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561)589-5537 [] FAX (561) 589-2566 AGENDA BOARD OF ADJUSTMENT TUESDAY, NOVEMBER 2, 1999 7:00 P.M. 2. 3. 4. 5. 6. 7. 10. 9. 10. 11. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: ANNOUNCEMENTS: APPROVAL OF MINUTES: OLD BUSINESS: NEW BUSINESS: Minutes of October 11, 1999 A. PUBLIC HEARING: 1. GHO SEBASTIAN, INC., IN REGARDS TO LOT 50, SEBASTIAN LAKES P.U.D. SUBDIVISION PHASE I, IS REQUESTING A VARIANCE TO ALLOW A REAR SETBACK OF TWENTY-FIVE (25) FEET FOR THE DWELLING, WHEREAS THE APPROVED PRELIMINARY DEVELOPMENT PLAN REQUIRES A REAR SETBACK OF THIRTY (30) FEET. CHAIRMAN'S MATTERS: MEMBERS' MATTERS: STAFF MATTERS: 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.) TWO OR MORE ELECTED OFFICIALS MAY BE IN ATTENDANCE. 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 (561) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING 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 INDIAN' RIVER COUNTY FLORIDA BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING NOVEMBER 2, 1999, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER.. A VARIANCE FROM THE MODIFIED BUILDING SETBACKS ALLOWED BY SECTION 20A4.10D2(b)(i) OF THE SEBASTIAN LAND DEVELOPMENT CODE AND AS SET FORTH IN ORDINANCE NO. 0-98-05. GHO SEBASTIAN, INC., IN REGARDS TO LOT 50, SEBASTIAN LAKES P.U.D. SUBDIVISION PHASE I, IS REQUESTING A VARIANCE TO ALLOW A REAR SETBACK OF TWENTY-FIVE (25) FEET FOR TI-~ DWELLING, WHEREAS THE APPROVED PRELIM2-NARY DEVELOPMENT PLAN R_EQUI;RES A REAR SETBACK OF TttIRTY (30) FEET. KONALD A DEVITO, VICE-CHAIRPERSON BOARD OF ADJUSTM3ENT 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 ~ TESTIMONY AND EVIDENCE UPON WHICH TFIE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE ~ THE AMERICANS WITH DISABILITI]ES AC/' (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR Tills MEETING SHOULD CONTACT THE CITY'S_ _ADA COORDINATOR AT (561) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. TWO OR MORE..C~ITY COUNCIl. MEMBERS MAY BE IN ATTEND~.ANCE OF TI{IS MEETING. Published October 18, 1999 City of Sebastian 1225 MA~N STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561) 589-2566 PUBLIC MEETING CITY OF SEBASTIAN 1225 MAIN STREET iNDIAN RIVER COUNTY FLORIDA THE REGULAR MEETING OF THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL BE HELD ON TUESDAY, NOVEMBER 2, 1999. ANN BRACK, SECRETARY BOARD OF ADJUSTMENT NOTE: ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY TIlE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF TIlE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THIE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE ItEARD. (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 TI-13E MEETING. TWO OR MORE CITY COUNCIL MEMBERS MAY BE IN ATTENDANCE AT Tills MEETING, CITY OF SEBASTIAN BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING NOVEMBER 2, 1999 Acting Chairman James Schmitz called the meeting to order at 700 P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: EXCUSED ABSENCE: UNEXCUSEDABSENCE: ALSO PRESENT: Mr. Gore Act. Ch. Schmitz Mr. Duffy(a) Chmn. Devito Keith Miller ANNOUNCEMENTS: Ms. Kautenburg(a) Mr. Beckwith Tracy Hass, Planning and Growth Management Director Jan King, Planning and Growth Management Manager Rich Stringer, City Attorney Ann Brack, Secretary Acting Chmn. Schmitz announced that this will be a quasi-judicial hearing. Act. Chmn. Schmitz also noted that Ms. Kautenburg(a) and Mr. Duffy(a) will be voting in place of Chmn. Devito and Keith Miller. The secretary announced that information she has received indicates-~a~hmn. Devito is very ill and probably won't be back to this Board anytime soon. MOTION by Gore/Kautenburg(a) , ~, G~. ~ , "~ I move that they be ac~pte . ' A vo ~ vot~ was taken. 5 - 0 motion mrri~d. BOARD OF ADJDUSTMENT MINUTES OF REGULAR MEETING OF NOVEMBER 2, 1999 NEW BUSINESS: A. PUBLIC (QUASI-JUDICIAL) HEARING GHO SEBASTIAN, INC., IN REGARDS TO LOT 50, SEBASTIAN LAKES P.U.D. SUBDIVISION PHASE 1, IS REQUESTING A VARIANCE TO ALLOW A REAR SETBACK OF TWENTY-FIVE (25) FEET FOR THE DWELLING, WHEREAS THE APPROVED PRELIMINARY DEVELOPMENT PLAN REQUIRES A REAR SETBACK OF THIRTY (30) FEET. Mr. William Handler, 5670 Corporate Way, West Palm Beach, FL, was present representing GHO Sebastian, Inc. Mr. Handler, Ms. King and Mr. Hass were swom in by the Chmn. at 7:05 P.M. There were eleven (11) notices of hearing sent and there were no objection or non- objection letters received. Mr. Stringer, City Attorney, summarized the quasi-judicial format of this hearing. Mr. Handler gave his presentation on the Tradewinds of Sebastian Lakes. He explained that the site for which this variance is being applied for is the site of a model home for this subdivision. He also noted that he will be trying to get the entire PUD changed in a similar manner. He also explained that since the roads are curved - for traffic flow and aesthetic purposes - and there are many lakes, the layout of this lot needs this variance to be able to place the model home there. He then covered the Board Criteria for determining variances from the staff report, and from his viewpoint. Mr. Hass gave staff presentation and recommended approval. In response to a question from Ms. Kautenburg(a), Mr. Handler responded that this model home on Lot 50 is the largest of the models, and other models will be smaller. Acting Chmn. Schmitz opened and closed the public hearing at 7:19 P.M., as there were no opponents or proponents. There was no rebuttal by the applicant or staff. MOTION by Gore/Beckwith I move that the Board approve the variance request by GHO, Sebastian, Inc., to allow a rear setback of twenty-five (25) feet for Lot 50, Sebastian Lakes, Planned Unit Development, Subdivision phase I. Roll call: Mr. Duffy(a) -yes Mr. Beckwith -yes Mr. Gore -yes Act. Chmn. Schmitz - yes Ms. Kautenburg(a) -yes BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF NOVEMBER 2, 1999 The vote was 5 - 0. Motion carried. CHAIRMAN'S MATTERS: None MEMBER'S MATTERS: None STAFF MATTERS: None Acting Chmn. Schmitz adjourned the meeting at 7:22 P.M. 1/3/99 AB)