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HomeMy WebLinkAbout11131991BOA 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 WEDNESDAY, NOVEMBER 13, 1991, AT 3:00 P.M. IN THE CITY COUNCIL CHAMBERS. 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 2. 3. 4. 5. City of Sebastian POST OFFICE BOX 780127 Ia SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, NOVEMBER 13, 1991 3:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OLD BUSINESS: APPROVE OCTOBER 15, 1991 MINUTES PUBLIC HEARING: SIMES CONSTRUCTION CO., IN REGARDS TO LOT 6, BLOCK 97, SEBASTIAN HIGHLANDS UNIT 2, 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. ANDELL, INC., IN REGARDS TO LOTS 5, 6 AND 7, BLOCK 207, SEBASTIAN HIGHLANDS UNIT 8, HAS REQUESTED A VARIANCE TO PROVIDE APPROXIMATELY 4,950 SQUARE FEET OF FENCED OUTDOOR RECREATION AREA FOR A CHILD CARE FACILITY WITHIN THE FRONT YARD, WHEREAS, THE ORDINANCE WOULD REQUIRE 15,000 SQUARE FEET OF FENCED AREA AND THIS AREA WOULD NOT BE PERMITTED TO BE LOCATED IN A FRONT YARD. 6. CHAIRMANS MATTERS: 7. COMMITTEE MATTERS: 8. BUILDING OFFICIAL MATTERS: 9. NEW BUSINESS: REVIEW APPLICATIONS FOR TWO ALTERNATE POSITIONS ON BOARD OF ADJUSTMENT. 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 s 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 WEDNESDAY, NOVEMBER 13, 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. SIMES CONSTRUCTION CO., INC. IN REGARDS TO LOT 6, BLOCK 97, SEBASTIAN HIGHLANDS UNIT 2, 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. 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: OCTOBER 28, 1991 NOVEMBER 4, 1991 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 WEDNESDAY, NOVEMBER 13, 1991, AT 3:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-6.1 C 3 b OF THE SEBASTIAN LAND DEVELOPMENT CODE. ANDELL, INC. (MARLENE J. ANDREWS, OWNER/DIRECTOR) IN REGARDS TO LOTS 5, 6 AND 7, BLOCK 207, SEBASTIAN HIGHLANDS UNIT 8, HAS REQUESTED A VARIANCE TO PROVIDE APPROXIMATELY 4,950 SQUARE FEET OF FENCED OUTDOOR RECREATION AREA FOR A CHILD CARE FACILITY WITHIN THE FRONT YARD, WHEREAS, THE ORDINANCE WOULD REQUIRE 15,000 SQUARE FEET OF FENCED AREA AND THIS AREA WOULD NOT BE PERMITTED TO BE LOCATED IN A FRONT YARD. 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: OCTOBER 28, 1991 NOVEMBER 4, 1991 BOARD OF ADJUSTMENT "SPECIAL MEETING" NOVEMBER 13, 1991 - 3:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN HUSK AT 3:00 P.M. THE PLEDGE OF ALLEGIANCE WAS LED BY CHAIRMAN HUSK. ROLL CALL: PRESENT: JAMES HUSK, CHAIRMAN WALTER SHIELDS MARY HEINICKE ALAN SHISGAL, VICE CHAIRMAN ALFRED VILARDI ALSO PRESENT: BRUCE COOPER, DIR. OF COMMUNITY DEVELOPMENT RICHARD TORPY, ASSISTANT CITY ATTORNEY OLD BUSINESS: MOTION BY MARY HEINICKEv SECONDED BY WALTER SHIELDS TO APPROVE THE MINUTES OF THE SPECIAL MEETING HELD OCTOBER 15, 1991, AT 3:00 P.M., AS WRITTEN. ROLL CALL: YES: JAMES HUSK, CHAIRMAN WALTER SHIELDS MARY HEINICKE ALAN SHISGAL, VICE CHAIRMAN ALFRED VILARDI MOTION CARRIED. PUBLIC HEARING: SIMES CONSTRUCTION CO., IN REGARDS TO LOT 6, BLOCK 97, SEBASTIAN HIGHLANDS UNIT 2, 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. CARROLL SIMES WAS PRESENT. ACCORDING TO THE SURVEYOR AND THE HEALTH DEPARTMENT, THE ONLY PLACE TO PUT THE SEPTIC TANK AND DRAINFIELD WILL BE IN THE REAR YARD BECAUSE OF THE EXISTING TANKS ON THE LOTS DIRECTLY BEHIND. BESIDE, AND TO THE REAR RIGHT. ALSO, THE LOT ACROSS THE STREET AND OVER HAS A FRONT SYSTEM. PAGE 2 BRUCE COOPER CONCURS WITH THE SURVEYOR AND ELABORATED THE SURVEY TO SHOW THE OTHER LOTS IN THE VICINITY. STAFF RECOMMENDATION IS TO GRANT THE VARIANCE PROVIDED THAT THE WELL IS PLACED A MINIMUM OF 5' FROM THE SIDE YARD TO A MAXIMUM OF 8' AND A MINIMUM OF 13' FROM THE FRONT PROPERTY LINE. THIS IS CLOSE TO WHERE THEY SHOW IT, BUT JUST A LITTLE FURTHER AWAY TO HAVE LESS IMPACT ON THE LOT ACROSS THE STREET (LOT 12, BLOCK 95) AND ALSO LOT 5, BLOCK 97 WHICH IS RIGHT NEXT DOOR. THE ARCS SHOW THAT THE VACANT LOTS SHOULD NOT HAVE A PROBLEM PLACING THEIR DRAINFIELDS IN THE FRONT YARDS. IT WAS NOTED THAT THE EXISTING WELL ON LOT 7, BLOCK 97 IS ALREADY WITHIN THE 75' RADIUS OF THEIR OWN DRAINFIELD. STAFF NOTED THAT THERE IS NO REQUIRED DISTANCE BETWEEN EXISTING WELLS. BRUCE COOPER WOULD HAVE NO PROBLEM RECOMMENDING A MINIMUM DISTANCE OF 13 FEET FROM THE FRONT PROPERTY LINE AND CLOSEST TO THE NORTH PROPERTY LINE AS THE STATE WILL ALLOW. THE PUBLIC HEARING WAS OPENED. THERE BEING NO PUBLIC INPUT, THE PUBLIC HEARING WAS CLOSED. MOTION BY MR. VILARDI, SECONDED BY MS. HEINICKE TO APPROVE THE VARIANCE AS REQUESTED SUBJECT TO STAFF RECOMMENDATIONS TO LOCATE WELL AS FAR AS POSSIBLE NORTH AND A MINIMUM OF 13 FEET FROM THE FRONT PROPERTY LINE. ROLL CALL: YES: JAMES HUSK, CHAIRMAN WALTER SHIELDS MARY HEINICKE ALAN SHISGAL, VICE CHAIRMAN ALFRED VILARDI NO: NONE MOTION CARRIED. PUBLIC HEARING: ANDELL, INC., IN REGARDS TO LOTS 5, 6 AND 7, BLOCK 207, SEBASTIAN HIGHLANDS UNIT 8, HAS REQUESTED A VARIANCE TO PROVIDE APPROXIMATELY 4,950 SQUARE FEET OF FENCED OUTDOOR RECREATION AREA FOR A CHILD CARE FACILITY WITHIN THE FRONT YARD, WHEREAS THE ORDINANCE WOULD REQUIRE 15,000 SQUARE FEET OF FENCED AREA AND THIS AREA WOULD NOT BE PERMITTED TO BE LOCATED IN A FRONT YARD. PAGE 3 THE PETITIONERS, MARLENE ANDREWS AND PAT LUNDELL, CO-OWNERS OF THE LEARNING NEST WERE PRESENT. JOHN DEAN, PROJECT ARCHITECT, PRESENTED THE REQUEST FOR THE VARIANCE TO THE BOARD. TWO VARIANCES ARE TO BE CONSIDERED. ONE REQUEST IS REGARDING THE SIZE OF THE PLAYGROUND AND THE OTHER REQUEST HAS TO DO WiTH THE LOCATION OF THE PLAYGROUND. THE LOCATION OF THIS PROJECT IS EAST OF THE FIRE STATION ON BARBER STREET AND ACROSS FROM THE SPORTS COMPLEX. THIS iS A RESIDENTIAL DISTRICT. MR. COOPER STATED THAT THE BOARD OF ADJUSTMENT WILL BE REVIEWING TWO THINGS CONCERNING THE OUTDOOR FENCED PLAYGROUND. CONCERNS ABOUT THE USE WILL NOT BE ADDRESSED BY THIS BOARD. THE PLANNING AND ZONING COMMISSION HAS LOOKED AT A CONCEPTUAL DRAWING AND THERE WILL BE A PUBLIC HEARING BY THAT BOARD TO ADDRESS ANY CONCERNS ABOUT A CHILD CARE FACILITY. MR. DEAN NOTED THAT THE AREA IS ZONED RS-10 AND CHILD CARE USE IS A CONDITIONAL USE. MR. DEAN GAVE A VISUAL DEMONSTRATION OF THE REQUIRED PLAYGROUND VERSUS THE REQUESTED REDUCED AREA THAT THE PETITIONER IS ASKING FOR. THE STATE REQUIRES PLAYGROUND AREA OF 50% OF BUILDING CAPACITY AT 45 SQUARE FEET PER CHILD. IN THIS CASE, WITH A CAPACITY OF 99 PEOPLE, THE STATE WOULD REQUIRE 2,227 SQUARE FEET. THE CITY OF SEBASTIAN CODE REQUIRES 3,000 SQUARE FEET OF PLAYGROUND FOR THE FIRST 20 CHILDREN AND 150 SQUARE FEET FOR EACH ADDITIONAL CHILD. IN SQUARE FEET, THE CITY WOULD REQUIRE 14,850 SQUARE FEET. THIS IS 6 1/2 TIMES AS MUCH AS THE STATE REQUIRES. MR. DEAN EXPLAINED THAT THE APPLICANT WANTS TO PROVIDE TWICE AS MUCH PLAYGROUND AREA AS IS REQUIRED BY THE STATE. HOWEVER, THIS STILL FALLS FAR SHORT OF THE REQUIREMENT OF THE CITY OF SEBASTIAN. STATED ANOTHER WAY, THE CITY WOULD REQUIRE 50% OF THE PROPERTY AS PLAYGROUND, THE STATE WOULD REQUIRE 7 1/2% AND THE APPLICANT IS SUGGESTING 16 1/2%. THE CITY CODE NOW ALLOWS A PLAYGROUND TO BE LOCATED IN THE BACK YARD, AND THE SIDE YARD BUT REQUIRES THE PLAYGROUND TO STAY 25 FEET FROM THE FRONT PROPERTY LINE. THE APPLICANT IS ASKING TO USE AN ADDITIONAL 12 1/2 FEET OF THE FRONT SETBACK AREA FOR THE PLAYGROUND. PAGE 4 BRUCE COOPER NOTED THAT AS A RESULT OF THE RECENT CHANGE IN THE FENCE ORDINANCE, A FOUR FOOT FENCE IS NOW ALLOWED IN THE FRONT YARD UP TO THE PROPERTY LINE. ONE LIMITATION OF THE CONDITIONAL USE IS THAT A FENCED OUTDOOR RECREATION AREA CANNOT BE IN THE FRONT YARD. BRUCE COOPER STATED THAT TLC PRESCHOOL WAS APPROVED PREVIOUS TO THE CODE AND SO WAS THE EXISTING LEARNING NEST. THE EARLY EDUCATION CENTER DID COMPLY WITH THE CITY'S EXISTING CODE. HE ALSO NOTED THAT THE PLANNING AND ZONING COMMISSION HAS RECOMMENDED THAT THIS VARIANCE BE GRANTED. THEY ARE ALSO GOING TO REQUEST THAT THE CODE BE CHANGED BY CITY COUNCIL. JOHN DEAN PRESENTED A SURVEY SHOWING A DISTANCE OF 22 FEET FROM ROAD EDGE TO PROPERTY LINE (RIGHT OF WAY AREA). THIS, ALONG WITH THE REQUESTED 12 1/2 FEET TO THE FENCE TOTALS 34 1/2 FEET WITH AN ADDITIONAL 17 FEET TO THE BUILDING. STAFF VIEWED THiS LOCATION AS IDEAL SINCE THE PROPERTY IS ALREADY IMPACTED BY THE BALL FIELDS ACROSS THE STREET. THE NUMBER OF OCCUPANTS WAS CALCULATED AT 99 CHILDREN. ALL FIGURES WERE BASED ON 100 SINCE THE APPLICANT HAD INDICATED EITHER 99 OR 100. MR. COOPER STATED THAT THE NUMBER OF OCCUPANTS IS DEPENDENT UPON THE PARKING, DRAINAGE, LANDSCAPING AND BUILDING COVERAGE ITSELF. THE STATE ALSO MANDATES A MINIMUM SQUARE FOOTAGE OF THE BUILDING BASED ON THE OCCUPANT LOAD. STAFF FEELS THAT THE STATE (H.R.S.) IS THE AUTHORITY IN CHILD CARE SERVICES IN REGARD TO WELFARE OF THE CHILDREN. IF A FACILITY WANTS TO PROVIDE MORE SQUARE FOOTAGE, THAT IS FINE. THE POINT NOW IS THAT CHILD CARE FACILITIES ARE GETTING VERY EXPENSIVE. STAFF AND PLANNING AND ZONING ARE THEREFORE REVIEWING THE CODE REGARDING POSSIBLE CHANGES TO THE CITY CODE AND WILL MAKE RECOMMENDATIONS TO THE CITY COUNCIL. ONE POSSIBILITY IS TO CHANGE THE CODE TO THAT REQUIRED BY THE STATE. MR. RICHARD TORPY, ASSISTANT CITY ATTORNEY, STATED THAT PLANNING AND ZONING COULD NOT APPROVE THIS DESIGN BECAUSE OF THE QUESTIONS BEFORE THE BOARD TODAY, SINCE THAT IS NOT WITHIN THEIR AUTHORITY. PLANNING AND ZONING SPECIFICALLY STATED THAT THEY PREFERRED THE FRONT YARD PLAYGROUND DESIGN INSTEAD OF THE ALTERNATE DESIGN SUBMITTED BY THE ARCHITECT. THEY CANNOT MOVE FORWARD WITH THIS PROJECT WITHOUT THE TWO VARIANCES REQUESTED. THERE IS A SECOND OPTION AVAILABLE REGARDING THE LOCATION OF THE PLAYGROUND IN OR OUT OF THE FRONT YARD, BUT UNLESS THE REQUIRED SIZE OF THE PLAYGROUND IS REDUCED, THE ENTIRE PROJECT WILL GO BACK TO THE DRAWING BOARD. PAGE 5 MARLENE ANDREWS NOTED THAT THE PLANS INCLUDE AN OUTDOOR COVERED PLAY AREA. ALSO, A GREAT ROOM WITHIN THE STRUCTURE IS ALSO DESIGNATED AS A PLAY AREA. PAT LUNDELL ALSO NOTED THAT ONE MASS PLAY AREA IS NOT DESIRED BY THE APPLICANT. THEY WANT TO ISOLATE AGE GROUPS IN DIFFERENT AREAS, WiTH SEVERAL LARGER AREAS TO BRING GROUPS TOGETHER. A RECESS WAS TAKEN AT 4:05 P.M. TO ALLOW BOARD MEMBERS TO REVIEW SEVERAL LETTERS REGARDING THIS VARIANCE. MEETING WAS CALLED TO ORDER AT 4:10 P.M. THE PUBLIC HEARING WAS OPENED. CHERYL RUSS, REPRESENTING THE EARLY EDUCATION CENTER NOTED THAT NO VARIANCE WAS NEEDED FOR THAT PRESCHOOL. SHE FEELS THAT THE H.R.S. STANDARDS WERE MEANT FOR LARGER CITIES WHICH DO NOT HAVE THE ROOM FOR GROWTH NEEDED FOR SUCH FACILiTiES. DR. DONNA SKINNER, THE OWNER OF THE EARLY EDUCATION CENTER, HAD A WRITTEN STATEMENT WHICH MS. RUSS READ TO THE BOARD. THE EARLY EDUCATION CENTER FOUR YEARS AGO MET ALL CITY AND STATE REQUIREMENTS WITH NO VARIANCES. MS. SKINNER IS ASKING THAT THE APPLICANT BE REQUIRED TO MEET ALL THE SAME REQUIREMENTS. SHE ALSO FEELS THAT A FRONT YARD PLAYGROUND WOULD BE VERY DANGEROUS. SEVERAL SECTIONS OF THE CODE WERE SITED. SHIRLEY KILKELLY, 950 FRANCISCAN AVENUE, SEBASTIAN, AND A MEMBER OF THE PLANNING AND ZONING COMMISSION WAS PRESENT. SHE SPOKE AS AN INDIVIDUAL, AND NOT AS A REPRESENTATIVE OF THAT BOARD. SHE OBJECTED TO THE VARIANCES, STATING THAT THE PROPOSED SITE IS TOO SMALL FOR SUCH A PROJECT. SHE ALSO FELT THAT THE NEED FOR THE VARIANCE WAS A DIRECT RESULT OF THE APPLICANT'S OWN ACTIONS WHICH IS NOT PERMITTED. SHE DID RESEARCH AT OTHER DAY CARE CENTERS AND SPOKE WITH SEVERAL DIRECTORS OF EDUCATION FOR THE INDIAN RIVER COUNTY SCHOOL BOARD ADMINISTRATION. THEY ADVISED MORE OUTDOOR MOTOR ACTIVITIES BE STRESSED INSTEAD OF CLASSROOM WORK. PAT LUNDELL DISCUSSED THEIR CURRICULUM AND THE SEPARATION OF THE AGE GROUPS BY PLAYGROUND AREAS. CINDY BOLTEN, MOTHER OF A DAUGHTER WHO IS CURRENTLY ENROLLED AT THE LEARNING NEST, WAS PRESENT. SHE STRESSED THE NEED TO KEEP THE PRICE OF DAY CARE WITHIN THE RANGE OF PARENTS. ALSO, AN OVERLY LARGE PLAYGROUND REDUCES THE ABILITY OF A TEACHER TO SUPERVISE YOUNG CHILDREN. PAGE 6 ANGELA SHERBROOK, WHO ALSO HAS CHILDREN ENROLLED AT THE LEARNING NEST, WAS PRESENT. SHE FELT THAT THESE CODES ARE OBSOLETE AND STRONGLY SUPPORTS THE APPROVAL OF THESE VARIANCE REQUESTS. CHERYL RUSS AGAIN STATED THAT THE NEEDS OF THE CHILDREN ARE NOT BEING MET IN PLACES LIKE PALM BAY WHERE CODES ARE BEING CHANGED TO ALLOW DAY CARE CENTERS IN SHOPPING CENTERS WITH ARTIFICIAL TURF FOR PLAYGROUNDS, ETC. HELEN DEBENADETO WHO ALSO HAS A CHILD AT THE LEARNING NEST, WAS PRESENT. SHE STRESSED THAT NO ONE IS ASKING TO LOWER STANDARDS. MANY PEOPLE FROM THIS AREA DRIVE TO VERO FOR CHILD CARE SERVICES BECAUSE SEBASTIAN IS FILLED UP. WHO KNOWS HOW OLD OR WHY THIS ORDINANCE WAS WRITTEN, BUT IT IS OBSESSIVE. THE PUBLIC HEARING WAS CLOSED. ATTORNEY TORPY NOTED THAT THIS IS A VERY COMPLEX ISSUE. HE REVIEWED THE CRITERIA FOR DETERMINING VARIANCES. THE BOARD IS REMINDED TO LOOK AT THE TWO SINGULAR ISSUES OF THE SIZE OF THE PLAYGROUND AND THE PLACEMENT OF THE PLAYGROUND IN THE FRONT YARD. iF A SPECIAL EXCEPTION IS CONSIDERED, LOOK AT THE ORDINANCE REQUIRING THE SIZE OF THE PLAYGROUND AND DETERMINE IF IT IS A RATIONAL ORDINANCE AND DOES HAVE A RELATIONSHIP TO WHAT THE CITY IS TRYING TO PROTECT, NAMELY THE INTERESTS OF THESE CHILDREN. THE COST EFFECTIVENESS OF WHAT IS REQUIRED COULD BE SEEN AS A HARDSHIP, SINCE THESE COSTS WILL ULTIMATELY BE PASSED ON TO THE PARENTS OF THESE CHILDREN. LOOK AT THE INTENTION OF THE ORDINANCE AND DOES THE APPLICATION OF THIS ORDINANCE UNDULY BURDEN OR GO BEYOND THE DESIRES OF THE CITY OF SEBASTIAN. YOU MUST DETERMINE THIS, BUT IT MUST BE CONSIDERED. THE ORDINANCE IS VERY OLD. STAFF IS RECOMMENDING TO COUNCIL THAT IT BE CHANGED TO BE BROUGHT IN LINE WITH THE STATE. THE ATTORNEY ALSO REMINDED THE BOARD THAT THE CONDITIONS FOR THE VARIANCE MUST BE MET. YOU MAY FEEL THAT THIS FACILITY MEETS THE INTENT OF THE CiTY OF SEBASTIAN, BUT FOR SOME REASON THERE iS AN OLD ORDINANCE WHICH MAY NOT HAVE A RATIONAL RELATIONSHIP TO THE INTEREST YOU ARE TRYING TO PROTECT. IN DOING RESEARCH FOR THIS CASE, STAFF COULD NOT DETERMINE WHY SUCH A LARGE REQUIREMENT WAS WRITTEN FOR THE PLAYGROUND. THE CITY COULD BE CHALLENGED ON THIS PAGE 7 REQUIREMENT, AND ASKED TO SUPPORT THE RATIONAL RELATIONSHIP FOR THAT REQUIREMENT WHEN THE STATE STANDARDS ARE SUBSTANTIALLY LOWER. THE BOARD MUST NOT ADVISE THE APPLICANT TO "BUY ANOTHER LOT", LOOKING ONLY AT WHAT THEY HAVE AND ARE PROPOSING TO DO. SPECIAL CONDITIONS MAY BE VIEWED AS AN ORDINANCE THAT IS OUT OF DATE WITH STAFF SEEKING TO CHANGE IT. CONDITION NOT CREATED BY THE APPLICANT IS A DIFFICULT ISSUE. THEY CERTAINLY ARE ASKING TO PUT THE FACILITY THERE, BUT THEY DID NOT PUT THE ORDINANCE IN PLACE. THE QUESTION, "DID YOU KNOW ABOUT THE ORDINANCE WHEN YOU WENT IN TO PUT THIS PROPERTY UP", CAN BE VIEWED AS YES, THE ORDINANCE WAS ON THE BOOKS BUT THEN AGAIN, IT WAS NOT CONSISTENT WITH TODAY'S STANDARDS. SOMEHOW, YOU MUST FiND THAT THIS IS NOT CREATED BY THE APPLICANT, TO FIND FOR THE VARIANCE. ATTORNEY TORPY CONTINUED ON WITH THE CRITERIA. SPECIAL PRIVILEGES NOT CONFERRED, MUST BE ADDRESSED. KEEP IN MIND THAT ONE DAY CARE CENTER HAS COMPLIED WITH THESE STANDARDS. HOWEVER, THEY DID NOT REQUEST ANY VARIANCE. IF SOMEONE HAD SOUGHT A VARIANCE BEFORE AND IT WAS DENIED, THEN THIS ONE WOULD HAVE TO BE CONSIDERED A SPECIAL PRIVILEGE IF IT WERE GRANTED. HOWEVER, THEY DID NOT ASK FOR AND WERE NOT DENIED THESE VARIANCES. KEEP IN MIND, THOUGH, THAT IF THESE VARIANCES ARE GRANTED, YOU MUST BE PREPARED TO MAKE THE SAME FINDING SHOULD ANOTHER REQUEST COME BEFORE YOU. HARDSHIP CONDITIONS WERE NOTED BY ATTORNEY TORPY AS POSSIBLY ECONOMIC IN NATURE. THIS IS THE BOARD'S DECISION. THE MINIMUM VARIANCE TO BE GRANTED IS SELF EXPLANATORY. WHETHER THE VARIANCE IS INJURIOUS TO THE PUBLIC WELFARE CAN BE VIEWED TWO WAYS. COULD A SMALL PLAYGROUND BE VIEWED AS INJURIOUS TO THE PUBLIC WELFARE? HOWEVER, NOT GRANTING THE VARIANCE MAY BE INJURIOUS BY PROHIBITING THE FACILITY FROM BEING BUILT. STANDARDS AND REQUIREMENTS CAN BE PLACED ON THE VARIANCES, AND TIME LIMITS MAY BE IMPOSED. ATTORNEY TORPY AGAIN REMINDED THE BOARD THAT THEY MUST MAKE ALL DECISIONS BASED ON THE ORDINANCES AND BE CAREFUL NOT TO DEVIATE FROM THE REQUIREMENTS OF GRANTING IT. BE CAREFUL IN THE DELIBERATIONS TO JUSTIFY WHY YOU GIVE OR DO NOT GIVE THIS VARIANCE. BRUCE COOPER NOTED THAT THE STATE IS THE AUTHORITY WHO ACTIVELY OVERSEES THE WELFARE OF CHILDREN. STAFF ALSO NOTED THAT THE PUBLIC HAS A CHOICE WHETHER TO USE THIS FACILITY WITH A SMALLER PLAYGROUND, OR TO SEEK ANOTHER FACILITY WITH PAGE 8 MORE PLAYGROUND. STAFF AND PLANNING AND ZONING AS A MAJORITY IS ASKING TO CHANGE THE ORDINANCE TO THE STATE CODE. AS SEBASTIAN GROWS, WE WANT TO BE ABLE TO PROVIDE COST EFFECTIVE CHILD CARE FACILITIES. MARY HEINICKE COMMENTED THAT THE FRONT YARD PLAYGROUND IS NOT SAFE. ALSO, STATE GUIDELINES ARE NOT NECESSARILY THE BEST GUIDELINES. HOWEVER, THE 15,000 SQUARE FEET REQUIREMENT IS TOO MUCH. PERHAPS HALF OF THAT WOULD BE GOOD. MARY HEINICKE WAS EXCUSED FROM 5:00 P.M. TO 5:05 P.M. ALFRED VILARDi ASKED TO ONLY CONSIDER SEBASTIAN GUIDELINES PER THE CODE BOOK AND NOT STATE GUIDELINES. NO BUSINESS IS ALLOWED TO BE CONDUCTED IN THE FRONT YARD AREA. EVEN BOATS OR TRAILERS ARE NOT PERMITTED TO BE PARKED IN THIS AREA IN A RESIDENTIAL DISTRICT. THE SIZE TO BE CUT DOWN BY TWO-THIRDS IS ASKING A LOT. BRUCE COOPER AGAIN NOTED THAT PLANNING AND ZONING HAS REVIEWED THIS PROJECT AND IS RECOMMENDING FOR THE VARIANCES. MR. ViLARDI ASKED WHY THERE WAS NOTHING IN THE PACKET FROM PLANNING AND ZONING. MR. COOPER EXPLAINED THAT HE IS THE STAFF REPRESENTATIVE FOR PLANNING AND ZONING AND ASSURED MR. VILARDI THAT WHAT HE WAS REPRESENTING AS THEIR DIRECTION WAS CORRECT. HE ALSO NOTED THAT THE FRONT YARD VARIANCE WAS THE IDEA OF PLANNING AND ZONING AND NOT NECESSARILY STAFF. THAT BOARD JUST FELT IT WAS A BETTER SITUATION. MR. HUSK COMMENTED THAT THE STATE REQUIREMENT OF 45 SQUARE FEET PER CHILD WAS NOT A PROBLEM WITH HIM. HOWEVER, HE DID HAVE A PROBLEM WITH THE PLAYGROUND AREA LOCATION IN THE FRONT YARD SETBACK. IT WAS NOTED BY MR. DEAN THAT THE STATE IS REQUIRING 22 1/2 FEET PER CHILD. ATTORNEY TORPY ASKED THE BOARD TO MAKE A MOTION ON THE FRONT YARD SETBACK FIRST, AS THIS WILL CHANGE THE TOTAL SQUARE FOOTAGE OF THE PLAY AREA BY 300 FOR 400 SQUARE FEET WHEN YOU GO ON TO ADDRESS THE SECOND ISSUE OF THE REQUIRED SIZE OF THE PLAYGROUND AREA. PAGE 9 MOTION BY ALAN SHISGAL, SECONDED BY MARY HEINICKE, TO DENY THE FENCED FRONT YARD AS A PLAY AREA. ROLL CALL: YES: JAMES HUSK, CHAIRMAN WALTER SHIELDS MARY HEINICKE ALAN SHISGAL, VICE CHAIRMAN ALFRED VILARDI NO: NONE MOTION CARRIED. VARIANCE iS DENIED. MOTION BY MARY HEINICKE, SECONDED BY WALTER SHIELDS, TO DENY THE REQUEST TO REDUCE THE SIZE OF THE PLAY AREA TO APPROXIMATELY 4600 SQUARE FEET. ROLL CALL: YES: WALTER SHIELDS MARY HEINICKE ALFRED VILARDi ALAN SHISGAL, VICE CHAIRMAN NO: JAMES HUSK, CHAIRMAN MOTION CARRIED. VARIANCE IS DENIED. CHAIRMAN MATTERS: NONE COMMITTEE MATTERS: ALAN SHISGAL INQUIRED ABOUT THE POSSIBILITY OF HAVING MEETINGS DURING THE EVENING. HE FELT THAT THE DAYTIME MEETING HINDERS MANY WORKING PEOPLE FROM PARTICIPATING ON THIS BOARD. MARY HEINICKE SUGGESTED THAT RESEARCH BE DONE REGARDING EVENING MEETINGS (AT 5:30 OR LATER). BUILDING OFFICIAL MATTERS: NONE PAGE 10 NEW BUSINESS: TWO ALTERNATE POSITIONS ARE VACANT ON THE BOARD OF ADJUSTMENT. FOUR APPLICATIONS WERE SUBMITTED TO THE BOARD FOR CONSIDERATION. THE BOARD SECRETARY NOTED THAT ONE APPLICATION FROM MR. GEORGE STIER HAS BEEN WITHDRAWN. MR. STIER IS NOT INTERESTED IN SERVING AS AN ALTERNATE. HE WOULD ONLY BE INTERESTED IN SERVING AS A REGULAR MEMBER. THE REMAINING THREE APPLICATIONS, MR. JOHN R. PRICE, MR. FRED BUECHLING, AND MR. DONALD ELSESSOR, WERE REVIEWED. MOTION BY MARY HEINICKE, SECONDED BY WALTER SHIELDS THAT MR. JOHN R. PRICE AND MR. FRED BUECHLING BE RECOMMENDED TO CITY COUNCIL TO FILL THE TWO ALTERNATE POSITIONS ON THIS BOARD. ROLL CALL: YES: JAMES HUSK, CHAIRMAN WALTER SHIELDS MARY HEINICKE ALAN SHISGAL, VICE CHAIRMAN ALFRED VILARDI NO: NONE MOTION CARRIED. IT IS TO BE NOTED THAT THE BOARD FELT ALL APPLICANTS WERE EQUALLY QUALIFIED AND MADE ITS RECOMMENDATION BASED ON THE DATES RECEIVED. MOTION TO ADJOURN BY ALFRED VILARDI, SECONDED BY MARY HEINICKE. MEETING WAS ADJOURNED AT 5:30 P.M.