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HomeMy WebLinkAbout11031998BOA CITY OF SEBASTIAN BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING NOVEMBER 3, 1998 Chmn. Devito called the meeting to order at 7:00 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: EXCUSED ABSENCE: ALSO PRESENT: Chmn. Devito Keith Miller (a) James Schmitz Gregory Gore VChmn. Crockett Clive Beckwith (a) Jan King, Growth Management Manager Rich Stringer, City Attorney Ann Brack, Recording Secretary (Mr. Miller and Mr. Beckwith will be voting in place of Mr. Gore and Mr. Nicolini.) APPROVAL OF MINUTES: (10/6/98) MOTION by Miller/Schmitz I make a motion we accept the minutes of October 6th. A voice vote was taken. 5 - 0 motion carried. A. PUBLIC HEARING 1. KAREN M. LACERDA, in regards to Lot 17, Block 11, Sebastian Highlands, is requesting a variance to allow an existing residence to be 6.9 feet from the side property line, whereas the code requires this structure to be a minimum of 10 feet from the side property line. Ms. Karen LaCerda, 461 Avocado Avenue, Sebastian, was present. Ms. LaCerda and Jan King were sworn in by the Chairman at 7:03 pm. The public hearing was opened at 7:05 pm. Ms. LaCerda proceeded to give a presentation on her application for a variance. She noted that she purchased the residence on Avocado Ave. in December of 1996, and it has been recently called to her attention by a survey done on the property next door, that there was a problem with her property line. She noted that obtaining a variance is BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF NOVEMBER 3, 1998 the only way to correct this situation. Mr, Miller noted that he visited the site. Ms. King gave staff presentation. She noted that this home was built in 1988 by Burgoon-Berger Builders, and with the aid of overhead slides, Ms. King showed several surveys depicting what might have taken place in 1988. She noted that, at that time, the City required a boundary survey with the proposed location of a house, and no other survey was required throughout the construction period, including a final survey, unless the proposed location of the house was indicated to be one (1) foot or less to the minimum setback of (10) feet. That means that any proposed house sitting eleven (11) feet or less from the property line. She then noted that based on the information available at the time, an additional survey was not needed. Ms. King gave further information and suggested that a mistake might have been made by the original surveyor because Poinciana Street is unusual in that it has a sixty (60) foot right-of-way, while all the other streets in that area have a fifty (50) foot right-of-way. She commented that with a possible scenario such as this, it would amount to a five (5) foot error in the survey pin. She made it clear that this is only a suggestion, and there is no proof that this event actually happened, but it made sense to her and to the most recent surveyor who was working on the next door property. Ms. King further noted that staff recommends approval of the variance. Mr. Robert LaCerda of the same address, asked questions about the original survey procedure. The secretary noted that there were thirty-eight (38) notices of hearing sent out and there were no objection or non-objection letters received. Chmn. Devito asked for proponents of this application. Ms. Gerri Presser, 441 Avocado Avenue, was present and spoke in favor of this variance. She asked if all the lots on that street could be off, and it was explained that each owner would need to get a new survey to check that. The City has no involvement in this. Chmn. Devito asked for opponents of this application. There were no opponents. Chmn. Devito closed the public hearing at 7:21 pm. Atty. Stringer noted that any variance would run with the building as opposed to the land, so that if the building is ever removed the variance would end at that point, and would not continue on any new structure. BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF NOVEMBER 3, 1998 MOTION by Miller/Schmitz I'd like to make a motion that we give the variance to 461 Avocado Avenue to Mr. & Ms. Karen M. LaCerda as it stands and in the event that the house is taken down, that it would revert back to the proper procedure and the boundaries that it should be meeting. Roll call: Chmn. Devito - yes Keith Miller (a) - yes James Schmitz - yes VChmn. Crockett - yes Clive Beckwith (a) - yes The vote was 5 - 0. Motion carried. Chmn. Devito adjourned the meeting at 7:25 pm. (11/5/98 AB) ".- F RM 8B MEMORANDUM OF-VOTiNG CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I NAME OF BOARD, COUNCIL. COMMISSION, AUTHORITY, OR COMMI'I li:~. LAST JlUAMiJ--FIRST NAME--jMII)L)/E NAME / ~~/~'~7'- ~~ ~/g/~/~k// ~~ ~ARD. COLJNCIL, COMMISSION. ~ = ~OMMItTEE ON MAILING AI~DRESS J WHICH I SERVE I~- a UNIT OF: · t NAME OF POLITICAL SUBDIVISION: MY POSITION IS: wHiCh ~Ot~ OCCURRED ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION t12.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. in either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the me, ting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local punic office MUST ABSTAIN t'rom voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU iNTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH T~I~VOTE WILL BE TAKEN: · Y~ should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly al the meeting prior to consicieration of the matter in which you have a conflict of interest. IF YOU MAKE NO ATTEMPT TO,INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEI~TI~4~: * You' should disclose orally the nature of your conflict in the measure before participating. * You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minu of the meeting, Who should incorporate the form in the minutes. - DISCLOSURE OF STATE OFFICER'S INTEREST .hereby disclose that on (a) A measure came or will come before my agency which (check one) t//inured to my special private gain; or ~.inured to the special gain of (b') The measure before my agency and the nature of my interest in the measure is as follows: , by whom I am retained. Date Filed Si~ture NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. FORM 8B - PAGE 2 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 [] FAX (561) 589-2566 BOARD OF ADJUSTMENT ! .PP~OW~ ^~ M~Tr~ hmL~ ~ /., / ? ? ~ ANN BR~CK, SECRETARY BOACS.DOC