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HomeMy WebLinkAbout12071999BOA City of Sebastian 1225 MAIN STREET Iq SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 a FAX (561) 589-2566 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 DECEMBER 7, 1999, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAiN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-8.3(4) OF THE SEBASTIAN LAND DEVELOPMENT CODE. LAKESIDE FELLOWSHIP CHURCH, IN REGARDS TO THE SEBASTIAN CENTER LOCATED AT 1627 U.S. 1, SEBASTIAN, FL., IS REQUESTING A VARIANCE TO ALLOW 32 PARKING SPACES TO BE SHARED BECAUSE THE HOURS OF OPERATION FOR THE ESTABLISHMENTS DO NOT OVERLAP. THE CODE, HOWEVER, REQUIRES MIXED USES TO PROVIDE PARKING SPACES EQUAL TO THE SUM OF THE SEVERAL USES COMPUTED SEPARATELY. JAMES G. SCHMITZ, ACTING 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 CONSIDERI~D 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.) 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. TWO OR MORE CITY COUNCIL MEMBERS MAY BE IN ATTENDANCE OF THIS MEETING, Published November 22, 1999 CiTY OF SEBASTIAN BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING DECEMBER 7, 1999 Acting Chairman James Schmitz called the meeting to order at 7:03 P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Chmn. Schmitz Louise Kautenburg(a) Paul Duffy(a) Clive Beckwith EXCUSED ABSENCE: Keith Miller UNEXCUSEDABSENCE: Greg Gore ALSO PRESENT: Jan King, Planning & Growth Management Manager Rich Stringer, City Attorney Ann Brack, Recording Secretary ANNOUNCEMENTS: Chmn. Schmitz announced that former Chairman Ron Devito who served on this Board for several years has passed away, and a memorial service is being planned for anyone interested. The Secretary noted that Mr. Duffy(a) and Ms. Kautenburg(a) are qualified to apply for the full membership position. They will also vote in place of absent members tonight. APPROVAL OF MINUTES: (11/2/99) MOTION by Beckwith/Duffy I move to accept the minutes as presented. A voice vote was taken. 4 - 0 motion carried. OLD BUSINESS: None BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF DECEMBER 7, 1999 NEW BUSINESS: A. QUASI-JUDICIAL HEARING: LAKESIDE FELLOWSHIP CHURCH in regards to the Sebastian Center located at 1627 U.S. 1, Sebastian, FL, is requesting a variance to allow 32 parking spaces to be shared because the hours of operation for the establishments do not overlap. However, Section 20A-8.3(4) of the Sebastian Land Development Code requires mixed uses to provide parking spaces equal to the sum of the several uses computed separately. At this point, Attorney Stringer explained the quasi-judicial procedure. Norbert Kreyer, owner, Terry Diamond, Pastor, and Jan King were sworn in at 7:09 P.M. Robert Littleton, an additional staff member from the church arrived and was also sworn in at 7:10 P.M. Mr. Diamond, Pastor of Lakeside Fellowship Baptist Church, was present and gave presentation including a brief history of their development and growth. He provided a parking log of the present use of this site. Jan King gave staff presentation giving a brief history of the Sebastian Center noting a variance that had been granted for medical office facilities. She then noted that the 3,600 sq. ft. of area being leased by the Church will be used primarily on Sunday morning, and by staff through the week. She also noted that she reviewed the tenant list provided by the owner, and could find no conflict. Staff supports this concept because the hours of operation do not overlap, and in the interest of controlling development especially in the Riverfront area, and in the City in general, it seems logical to share this parking and not promote additional paving of areas that would not be necessary. Staff recommends approval of the variance. Mr. Duffy inquired of the applicant how he would handle parking if an unforeseen number of attendees turned out for a special service. Mr. Diamond responded that he doesn't see that happening, but on peak services, they would schedule more than one service. No ex parte communications were reported. In response to a question by Mst Kautenburg, Mr. Diamond responded that there could be a small group meeting through the week, but the number of attendees would be small. In response to a question from Chmn. Schmitz, Mr. Diamond noted that if an extra prayer service were to be held through the week, it would be at least 7:00 P.M. in the evening and would not interfere with the other tenants. Mr. Kreyer noted that there is about a 55% lease-out at this building at present, and with this applicant, it will go up to about 82% lease-out. There was further discussion on this subject between Ms. Kautenburg and Mr. Kreyer. BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF DECEMBER 7, 1999 Ms. Kautenburg spoke in favor of shared parking, but was concerned about this use not fit the use of this building, in relation to the Code. Jan King responded that staff is going to recommend that the Planning & Zoning Commission look at this situation to come up with something in the Code to allow business with hours of operation that do not overlap to share parking. Staff feels that it is an important issue and a good thing. She also noted that the numbers she has presented tonight are based on 100% rentals. Robert Littleton spoke in favor of this variance because their hours are different than the other businesses in the building. Norbert Kreyer stated that the medical office that received a variance about a year ago is no longer a tenant, so that is no longer a problem. There were no opponents to this variance. Jan King, as staff, recommended approval of this variance as the hours of operation of the businesses do not overlap. Mr. Beckwith suggested a condition to approval, and was informed that when this Church is no longer occupying this site, the variance ceases to be in effect. Atty. Stringer explained that if some other operation were to occupy this area, they would have to meet code based on their use. Chron. Schmitz suggested that a condition be included in any approval to limit the use to Sunday and after-hours, after 6:00 P.M, for congregational meetings. There were sixteen (16) notices of headng sent and there were no objection or non- objection letters received. MOTION by Duffy(a)/Kautenburg(a) I'll make the motion that we grant the variance for the additional 32 parking places for Lakeside Fellowship Church with the condition we have placed on the approval which is - services will be limited to Sunday and after-hour use which is after 6:00 P.M. for congregational meetings, - and the eighteen regular spaces will be available during the average work day. Roll call: Mr. Duffy(a) - yes Mr. Beckwith - yes Chmn. Schmitz - yes Ms. Kautenburg(a) - yes The vote was 4 - 0. Motion carded. CHAIRMAN MATTERS: MEMBERS MATTERS: None None BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF DECEMBER 7, 1999 STAFF MATTERS: None A motion to adjoum was made and seconded. The meeting was adjoumed at 7:36 P.M. (12/9/99 AB) 4