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HomeMy WebLinkAbout12191989BOACity of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 P t; ::AIL i C .%: i~;ET i. 5!(4 C[.TY OF S?,BAST.[AN 1t. 225 ~AIN STREET [NDIiAN RSVER CObNTY [;'ii,ON 111')A City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 !~OARt_'~ O[i' ADdiUSTY!.'~;NT TUESDAY, 'DE(*P_:MBER !.9, ~i989 DO.'XRD C)/r' ,riD.T(~'STH':{:;~i' [.<Iq?2 RP~SPL"]CT '!'(]~ AXY }:'.A'~"~"_",}~ ~?~)5~'SiLi,~i.:,R/,13 PRC)(71~;iE, Dii.NCS AND ?'!AY N',:')S~.} q'() },;XSU.RA; '.L'L{,%'.P A Vi};Rib,:.I'L'/H RiiiCOR'I.) or L". '!; . ) City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 C(~'~S~i;1]t:(;l{ A VAR][ANCE ?~()~ THE CITY' OF SEBASTIAN LAND BOARD OF ADJUSTMENT 'SPECIAL MEETING' DECEMBER 19, 1989 - 3:00 P.M. MEETING WAS CALLED TO ORDER BY CHAIRMAN MATTHEWS AT 3:00 P.M. THE PLEDGE OF ALLEGIANCE WAS LED BY CHAIRMAN MATTHEWS. ROLL CALL: PRESENT: CHAIRMAN, GALE MATTHEWS VICE CHAIRMAN, LOUIS PRIORE JOSEPH STEPHENSON WALTER SHIELDS JAMES HUSK, ALTERNATE EXCUSED: MARY HEINICKE ALSO PRESENT: BRUCE COOPER, DIRECTOR OF COMMUNITY DEVELOPMENT OLD BUSINESS: MOTION BY CHAIRMAN MATTHEWS, SECONDED BY MR. SHIELDS TO APPROVE THE MINUTES OF THE MEETING HELD AUGUST 21, 1989, AT 3:00 P.M. AS WRITTEN. MOTION CARRIED. PUBLIC MEETING - SCOTT SILVA, iN REGARDS TO LOT 8, BLOCK 196, SEBASTIAN HIGHLANDS UNIT 10, 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. SCOTT SILVA WITH HIGHLAND HOMES OF SEBASTIAN STATED THAT HE APPLIED FOR A SEPTIC PERMIT AT THE HEALTH DEPARTMENT ON THE LOT IN QUESTION. THE HOUSE TO THE REAR OF THIS PROPERTY HAD A DRAINFIELD IN THE BACK YARD. MR. SILVA SUGGESTED SEVERAL PROPOSALS WHICH WOULD COMPLY WITH SEBASTIAN'S ORDINANCE TO PLACE THE SEPTIC TANK AND DRAINFIELD IN THE FRONT OR SIDE YARD, BUT WAS DENIED A SEPTIC PERMIT. THE HEALTH DEPARTMENT CAME UP WITH THE PROPOSAL TO PUT THE DRAINFIELD IN THE REAR YARD AND THE WELL IN THE FRONT. ALSO, THE HEALTH DEPARTMENT WANTED TO HELP RECTIFY A PROBLEM WITH A WELL NEXT DOOR TO THIS PROPERTY (LOT 7, BLOCK 196, UNIT 10) WHICH WAS PUT IN TOO CLOSE TO A DRAINFiELD. THE HEALTH DEPARTMENT PROPOSED THAT THE WELL FOR LOT 7, BLOCK 196 COULD THEN BE PLACED IN THE FRONT YARD OF LOT 8, BLOCK 196 ALONG WITH THE WELL FOR THAT LOT. PAGE 2 MR. COOPER STATED THAT THERE WILL BE SEVERAL ITEMS WHICH MR. SILVA WILL HAVE TO PURSUE AFTERWARDS IF HE OBTAINS THIS VARIANCE. THE OWNER OF LOT 7, BLOCK 196 WILL HAVE TO AGREE TO RELOCATE THEIR WELL AND PLACE IT ON LOT 8 WiTH AN EASEMENT. THIS MUST BE DONE BEFORE THE HEALTH DEPARTMENT WILL PERMIT MR. SILVA TO PLACE THE DRAINFIELD IN THE REAR. MR. COOPER ALSO RECOMMENDED THAT THE WELLS TO BE LOCATED ON LOT 8 BE PLACED IN SUCH A MANNER AS TO HAVE THE LEAST IMPACT ON LOT 9. THESE WELLS WILL HAVE VERY MINIMAL IMPACT ON THE LOTS ACROSS THE STREET, WITH THE MAJOR IMPACT ON LOT 13, BLOCK 197 (AFFECTING APPROXIMATELY 10 FEET OF THAT LOT). BOTH LOT 13 AND LOT 14 OF BLOCK 196 HAVE DRAINFIELDS IN THE REAR WHICH CAUSES PROBLEMS FOR FUTURE DEVELOPMENT. THE WELLS AND SEPTIC PERMITS ARE ISSUED THROUGH THE HEALTH AND REHABILITATIVE SERVICES DEPARTMENT AND IF THERE WAS AN ERROR, IT WAS ON THEIR PART AND NOT THE CITY OF SEBASTIAN. MR. SILVA ALSO STATED THAT LOTS 11 AND 12, BLOCK 196 (WHICH HAVE BEEN COMBINED) HAVE A REAR DRAINFIELD. MR. PRIORE QUESTIONED WHY THE PROPOSED WELL SUBMITTED BY MR. SILVA TO THE HEALTH DEPARTMENT COULD NOT BE MOVED TOWARD THE REAR PROPERTY LINE. MR. SILVA STATED THAT THE DRAINFIELD ON LOT 13, BLOCK 196 COMES WITHIN 35 FEET OF THE PROPERTY LINE, AND THEREFORE HE COULD NOT MOVE THE WELL ANY FURTHER TOWARD THE REAR ON LOT 8. CHAIRMAN MATTHEWS QUESTIONED WHETHER THE PROPOSED PLAN SUBMITTED BY MR. SILVA TO THE HEALTH DEPARTMENT COULD NOT BE CHANGED TO MOVE THE SEPTIC TANK AND DRAINFIELD CLOSER TO QUARRY LANE. MR. SILVA INDICATED THAT THERE MUST BE 300 SQUARE FEET OF DRAINFIELD WHICH IS 150 FEET OF LINE IN A TWO FOOT WIDE STONE BED. MOVING THE DRAINFiELD FORWARD CREATES A PROBLEM BECAUSE OF THE DROP OFF INTO THE SWALE AREA WHICH IS BELOW THE ROAD. THE DRAINFIELD NEEDS TO BE HELD BACK 5 TO 10 FEET FROM THE FRONT LINE TO GET A NICER GRADE GOING INTO THE SWALE. MR. PRIORE INDICATED THAT THE BOARD OF ADJUSTMENT SEEMS TO BE DOING ONLY SEPTIC AND WELL VARIANCES AND TO APPROVE THIS IS TO PERPETUATE THE PROBLEM. MR. COOPER INDICATED THAT THE ORDINANCE IS SPECIFIC TO HAVE DRAINFIELDS IN THE FRONT AND TO HAVE CONSISTENCY. HOWEVER, WHEN THERE ARE CONDITIONS WHICH DICTATE THAT THE DRAINFIELD CANNOT BE PLACED IN THE FRONT, THAT IS WHY THEY COME BEFORE YOU, THE BOARD OF ADJUSTMENT. PAGE 3 MR. SILVA STATED THAT THE HEALTH DEPARTMENT IS TRYING TO CORRECT THE PROBLEM ON LOT 7, BLOCK 196 WHICH HAS A WELL TOO CLOSE TO A DRAINFIELD AND HAVE PUT THE BURDEN ON HiM TO COME UP WITH A PLAN THAT WILL FIX THE PROBLEMS ON BOTH LOTS. THE GENTLEMAN AT THE HEALTH DEPARTMENT THAT MR. SILVA HAS BEEN DEALING WITH FOR SOME THREE MONTHS NOW IS ALLEN WATTERS. MR. COOPER STATED THAT THE LAND DEVELOPMENT CODE WHICH WAS ENACTED IN AUGUST 1985 SPECIFICALLY REQUIRED THAT SEPTIC TANKS AND DRAINFIELDS BE LOCATED IN THE FRONT OR SIDE YARDS. PRIOR TO THAT TIME THE CITY CODE OF ORDINANCES HAD SIMILAR WORDS BUT WITH A CLAUSE, IF AT ALL POSSIBLE, BUT CAN BE DIRECTED BY THE BUILDING OFFICIAL. IN OTHER WORDS, IT GAVE THE CHOICE TO THE BUILDING OFFICIAL TO GRANT THE PLACEMENT OF THE SEPTIC IN THE REAR IF IT COULD NOT BE PLACED IN THE FRONT. A LENGTHY DISCUSSION FOLLOWED REGARDING THE DRAINFIELDS AND WELLS ON ALL THE SURROUNDING PROPERTIES AND THE POSSIBLE IMPACT THIS VARIANCE, IF GRANTED, WOULD HAVE ON THEM. MR. COOPER REMINDED THE BOARD THAT THE CITY ATTORNEY ADVISED THEM THAT THE VARIANCE COULD BE GRANTED EVEN THOUGH IT MAY DICTATE ANOTHER VARIANCE. THE OWNERS OF LOT 7, BLOCK 196, MR. & MRS. WEATHINGTON, WERE PRESENT. MRS. WEATHINGTON INDICATED THAT THEIR HOME WAS BUILT IN APRIL OF 1986. THIS PROPERTY DID HAVE A SEPTIC AND WELL PERMIT ISSUED BY H.R.S. WHICH WAS IN ERROR. THE CITY iSSUED A BUILDING PERMIT BASED ON THE FACT THAT THE CONTRACTOR DID HAVE A HEALTH DEPARTMENT PERMIT AND THE SEPTIC TANK AND DRAINFiELD WERE PLACED IN THE FRONT YARD ACCORDING TO CODE. MR. SILVA INDICATED THAT THE HEALTH DEPARTMENT PROBABLY ISSUED THE PERMIT TO LOT 7, BLOCK 196 AS THE RESULT OF AN ERROR ON THE SURVEY SUBMITTED TO THEM WHICH DID NOT SHOW THE REAR DRAINFIELD ON LOT 14. MR. WEATHINGTON ASKED IF THE SETBACK FROM THE WELL TO A DRAINFIELD MAY HAVE BEEN 50 FEET IN 1988. MR. COOPER STATED THAT THIS DISTANCE HAS BEEN 75 FEET FOR AT LEAST THE LAST 2 1/2 YEARS. MR. WEATHINGTON LATER STATED THAT THEY MOVED INTO THEIR HOME IN 1988 RATHER THAN 1986 AS STATED BEFORE. HE EXPRESSED SOME CONCERNS AS TO THE EFFECT MOVING THE WELL ONTO THE NEXT LOT MIGHT HAVE ON THE RESALE VALUE OF HIS HOME. ALSO, THERE IS PROBABLY NO PLACE ON HIS LOT TO RELOCATE HIS WELL WHICH WOULD COMPLY WITH THE 75 FEET SETBACK FOR A DRAINFIELD. PAGE 4 MR. SILVA POINTED OUT TO THE BOARD THAT SHOULD HE RESUBMIT HIS ORIGINAL PLAN TO H.R.S. AND GET A PERMIT, IF THE WELL ON LOT 7 DOES GO BAD, THERE WILL BE NO POSSIBLE PLACE TO DRILL ANOTHER WELL ON THEIR LOT. MR. PRIORE EXPRESSED CONCERNS OVER THE EFFECT THIS VARIANCE WOULD HAVE ON LOT 9. THE HEALTH DEPARTMENT DID NOT REALLY EXPRESS THE REASON MR. SILVA'S PROPOSAL WAS TURNED DOWN. MR. COOPER TRIED TO CONTACT H.R.S. DURING THE MEETING, BUT WAS UNABLE TO CONTACT MR. WATTERS. MR. SILVA FEELS THAT LOT 12 ALSO HAS A REAR DRAINFIELD AND THAT MAY HAVE CAUSED HIS PROPOSAL TO BE TURNED DOWN. HOWEVER, H.R.S. DID NOT MAKE THIS CLEAR. MR LOEFLER, WHO IS THE OWNER OF LOT 14, BLOCK 196, WAS IN THE AUDIENCE AND ADDRESSED THE BOARD. HE INDICATED THAT HIS DRAINFIELD IS WITHIN 20 TO 25 FEET OF THE WELL ON LOT 7. MR. COOPER WAS ABLE TO REACH MR. WATTERS AT H.R.S. BY PHONE. THE SURVEY SUBMITTED TO H.R.S. FOR LOT 7 WAS IN ERROR AND DID NOT SHOW THE REAR DRAINFIELD ON LOT 14, WHICH RESULTED IN THE PROBLEM. HE ALSO INDICATED THAT THERE WAS NO OTHER PLACE ON LOT 7 TO MOVE THE WELL WHICH IS WHY H.R.S. WAS ASKING MR. SILVA TO PURSUE THE VARIANCE FOR LOT 8. AFTER MORE LENGTHY DISCUSSION, CHAIRMAN MATTHEWS ASKED IF ANYONE WISHED TO MAKE A MOTION. MOTION BY MR. SHIELDS, SECONDED BY MR. STEPHENSON TO DENY THE VARIANCE FOR LOT 8, BLOCK 196, SEBASTIAN HIGHLANDS UNIT 10, TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD, WHEREAS THE ORDINANCE REQUIRES THE PLACEMENT OF SUCH FACILITIES IN THE FRONT OR SIDE YARD. ROLL CALL: AYE: CHAIRMAN MATTHEWS VICE CHAIRMAN PRIORE MR. STEPHENSON MR. SHIELDS NAY: MR. HUSK MOTION CARRIED. CHAIRMAN'S MATTERS: NONE COMMITTEE MATTERS: NONE BUILDING OFFICIAL MATTERS: NONE PAGE 5 NEW BUSINESS: MR. STEPHENSON MADE THE POINT THAT THE BOARD OF ADJUSTMENTS DID NOT HAVE A PICNIC DURING THIS YEAR AND DID NOT EVEN GET A LETTER OR ANYTHING FROM THE CITY STATING THAT WE ARE DOING A GOOD JOB HERE. HE MENTIONED THAT THE CITY JUST HAD A BIG CHRISTMAS PARTY AND THAT NONE OF THE BOARDS WERE INVITED. MR. COOPER SUGGESTED THAT THIS COMPLAINT BE BROUGHT UP WITH THE CITY MANAGER OR THE CITY COUNCIL. A BRIEF DISCUSSION FOLLOWED REGARDING MR. SILVA NOT GOING BACK TO H.R.S. FOR A VARIANCE FROM THE STATE. MR. COOPER STATED THAT MR. WATTERS AT THE HEALTH DEPARTMENT DID INDICATE THAT IT WAS VERY UNLIKELY THAT SUCH A VARIANCE BE GRANTED. THERE BEING NO FURTHER BUSINESS, MOTION TO ADJOURN WAS MADE BY MR. PRIORE, SECONDED BY MR. STEPHENSON. MOTION CARRIED. THE MEETING ADJOURNED AT 4:45 P.M.