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HomeMy WebLinkAbout11062001BOACITY OF SEBASTIAN BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING NOVEMBER 6, 2001 Chairman Schmitz called the meeting to order at 7:00 P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: EXCUSED ABSENCE: ALSO PRESENT: ANNOUNCEMENTS: VC Louise Kautenburg Clive Beckwith Paul Duffy(a) Jan King, Growth Management Manager Rich Stringer, City Attorney Ann Brack, Secretary Harry Marshall(a) Ch. James Schmitz NEW BUSINESS: A. DONNA S. BEN-BARRAK, in regards to Lot 9, Block 197, Sebastian Highlands Unit 10, located at 312 Biscayne Lane, is requesting a Chmn. Schmitz announced that election of officers will be held at this time since this is the first meeting of the year 2001. Mr. Beckwith nominated James Schmitz for Chairman. There were no other nominations and James Schmitz was declared Chairman, Mr. Beckwith nominated Mrs. Kautenburg for Vice Chairman. There were no other nominations and Louise Kautenburg was declared Vice Chairman. APPROVAL OF MINUTES: MOTION by Beckwith/Kautenburg I move to accept the minutes of the December 5th, 2000 meeting. A voice vote was taken. 4 - 0, motion carried. OLD BUSINESS: None BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF NOVEMBER 6, 2001 Variance to construct an addition to her residence which will exceed the maximum lot coverage by 450 square feet. Chmn. Schmitz reported that he inspected this property, and VC Kautenburg drove by. Atty. Stringer explained the Quasi Judicial hearing process. He also explained the criteria set down by the State of Florida for determining variances. Amos and Donna Ben-Barrak, 312 Biscayne Lane, Sebastian, were present and, along with Jan King, were sworn in by Atty. Stringer at 7:08 P.M. Donna and Amos Ben-Barrak gave presentation on their request for a variance. Jan King gave staff presentation noting that the applicant's request is for 450 square feet more than the code allows. She noted that a permit was issued earlier in the year for a slab only. When a tie-beam inspection was requested in May, the inspector realized that the permit that was issued did not allow walls to be built and placed a stop-work order on the job, and left a message that the applicant should get a permit for the walls. Jan then noted that in September, Mrs. Ben-Barrak made application for the building addition and it became obvious that the lot coverage would have been well over the allowed 3,000 square feet. In summary, staff did not recommend approval as no unique conditions could be found for this property. She called attention to staff recommendations on Exhibit H which depicted two suggestions for alternate solutions. Chmn. Schmitz opened and closed the public hearing at '7:26 P.M. as there were no proponents or opponents. There were forty-two (42) notices of hearing sent, and noted that two (2) phone calls were received in opposition. Jan explained to the applicant that these notification letters are sent to every property owner within a 300 foot radius of the subject property. Mrs. Ben-Barrak then made rebuttal comments. Atty. Stringer noted that Health Department approval has no bearing on zoning densities. Chmn. Schmitz asked several questions for clarification on some points. MOTION by Kautenburg/Marshall(a) I'll make a motion, in the light that there are alternative possibilities here, I move that this variance be denied. Roll call: VC Louise Kautenburg - yes Clive Beckwith - yes Chmn. James Schmitz - yes Harry Marshall(a) - yes BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF NOVEMBER 6, 2001 The vote was 4 - 0, Motion carried. CHAIRMAN MATTERS: None MEMBER MATTERS: None ATTORNEY MATTERS: Atty. Stringer spoke of City Council's inspection of all City Committees with the decision that in the future, variances will be heard by City Council. He noted that an amendment must be made to the Land Development Code by way of the Planning and Zoning Commission before this action can take place. He anticipates that this may be the last meeting that the Board of Adjustment will have. He urged the members to stay involved with other Boards. STAFF MATTERS: The Secretary informed all members of the expiration dates of their present terms on this Board. Chmn. Schmitz adjourned the meeting at 7:58 P.M. (11/7/01 AB)