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HomeMy WebLinkAbout08021990BOACity of Sebastian POST OFFICE BOX 780127 r'l SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 PUBLIC MEETING CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE SEBASTIAN BOARD OF' ADJ[JSTMENT OF THE CITY OF SEBASTIAN, .INDIAN Itl[VEt-< COUNTY, ["LORIDA, WILl, HOLD A SPECIAI ...... MEE'IIN(~' -~ ON THURSI_AY AUGUST '2, 1990 AT 3:00 P M IN THE CITY COUNCIL CHAMBERS . JAN t<ING, SECI,EFARY SEBASTIAN BOARD L,i: ADJUST~IENT NOTE: IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE ON THE ABOVE MATTERS, HE/'SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND ["OR SUCH PURPOSES, HI';/SttE MAY NEED TO F, NSURE THAT A VERBATIM RECORD ()F' THE PROCEEDINGS IS MADE, WHICH RECORD .INCLUDES THE TESTIMONY IN EVII)ENCE ON WHICH THE APPEAL IS BASED. / j 'k City of Sebastian POST OFFICE BOX 780127 [] SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589-5330 FAX 407-589-5570 AGENDA BOARD (DF ADJUSTMENT THURSDAY, AUGUST 2, 1990 1. CALL TO ORDER 2. PLEDGE OE ALLEGIANCE 3. ROLL CALL 4. OLD BUSINESS: APPROVE MAY 1, 1990 MINUTES 5. PUBLIC HEARINGS: Pt~UDENTIAL BU.I'LDiNG CO., INC., IN REGARDS TO LOT 7, BI,OCK 49, UNIT 2, IS REQUESTING A VARIANCE TO ALI, OW WASTEWATER FACILITIES IN ']YHE REAR YARD. WILI, IAM & EMELYN COMEAU, IN REGARDS TO LOT 19, BLOCK 603, UNIT 17, IS REQUESTING A VARIANCE FOIl A BUIL[)ING THAT ENCROACHES APPROXIMATELY .56 FEET INTO THE REQUIRED 25 FOOT SETBACK. 6. CHAIRMANS MATTERS: 7. COMMITTEE MATTERS: 8. BUILDING OEEICIAL MATTERS: 9. NEW BUSINESS: 10. ADJOURN ANY' PERSON WHO DECIDES 'i70 APPEAL ANY DEC.[SION MADE BY THE BOARD OE ADJ'USTMI'".'NT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARI/NG) 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 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 THURSDAY, AUGUST 2, 1990, 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 20.A-5.6. PRUDENTiAI, BUILDING CO., INC., IN REGARDS TO LOT 7, BLOCK 49, SEBASTIAN HIGHLANDS UNIT 2, HAS REQUESTED A VARIANCE TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD, WHEREAS THE ORDINANCE REQUI~ES THE PLACEMENT OF SUCH FACILITIES IN THE FRONT OR SIDE YARD. KATHRYN M. O'HAi.,LO'RAX, CMC/AAE CITY CLERK CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY 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.$.) PUBLISHED: JULY 18, 1990 JtJLY 25, 1990 City of Sebastian POST OFFICE BOX 780127 13 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 THURSDAY, AUGUST 2, 1990, 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 20 A-3.4(D)(6)(a). WILLIAM & EMELYN COMEAU, IN REGARDS TO LOT 19, BLOCK 603, SEBASTIAN HIGHLANDS UNIT 17, HAS REQUESTED A VARIANCE FOR A BUILDING THAT ENCROACHES APPROXIMATELY .56 FEET iNTO THE REQUIRED 25 FOOT SETBACK. KATHRYN M. O'[IALLORAN, CMC/AAE CITY CLERK CI'rY OF SEBASTIAN' ANY PERSON WHO DECIDES TO APPEAl..., ANY DECISION MADE BY THE BOARD O15' ADdUSTMENT 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 OE' THE PROCEEDINGS IS MADE, WHICH RECORD iNCLUDES THE TESTIMONY AND EVIDENCE', UPON WHICH THE APPEAl, lis TO BE HEARD. (286.0105 F.S.) PUBLISHED: dULY 18, 1990 J'[iILY 25, i[990 BOARD OF ADJUSTMENT "SPECIAL MEETING" AUGUST 2, 1990 - 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: GALE MATTHEWS, CHAIRMAN LOUIS PRIORE, VICE CHAIRMAN JOSEPH STEPHENSON MARY HEINICKE EXCUSED: WALTER SHIELDS JAMES HUSK, ALTERNATE ALSO PRESENT: BRUCE COOPER, DIR. OF COMMUNITY DEVELOPMENT RICHARD TORPY, ASSISTANT CITY ATTORNEY OLD BUSINESS: MOTION BY MR. STEPHENSON, SECONDED BY MR. PRIORE TO APPROVE THE MINUTES OF THE REGULAR MEETING HELD MAY 1, 1990 AT 3:00 P.M. AS WRITTEN. MOTION CARRIED. PUBLIC HEARING - PRUDENTIAL BUILDING CO., iNC., iN REGARDS TO LOT 7, BLOCK 49, SEBASTIAN HIGHLANDS UNIT 2, HAS REQUESTED A VARIANCE TO ALLOW WASTEWATER FACILITIES iN THE REAR YARD, WHEREAS THE ORDINANCE (SECTION 20.A-5.6 OF THE CITY OF SEBASTIAN LAND DEVELOPMENT CODE) REQUIRES THE PLACEMENT OF SUCH FACILITIES IN THE FRONT OR SIDE YARD. MANUEL RAIMI, VICE PRESIDENT OF PRUDENTIAL BUILDING CO. WAS PRESENT REPRESENTING MR. & MRS. ROGER PEETS (ALSO PRESENT) WHO ARE THE OWNERS OF THE PROPERTY IN QUESTION AT 658 DOCTOR AVENUE. MR. RAIMI STATED THAT MR. & MRS. PEETS CONTRACTED PRUDENTIAL HOMES TO BUILD A HOUSE ON THEIR LOT. APPLICATION WAS MADE TO THE ENVIRONMENTAL HEALTH DEPARTMENT FOR AN ONSITE SEWAGE PERMIT. IT WAS TURNED DOWN BECAUSE OF SURROUNDING FACILITIES WITHIN A 75' RADIUS. PAGE 2 MR. & MRS. PEETS HAVE AGREED TO, AT THEIR EXPENSE, MOVE THE EXISTING WELL ON LOT 8, BLOCK 49, UNIT 2 OWNED BY GEORGE CUTSAIL TO A LOCATION WHICH WOULD ALLOW THE PLACEMENT OF THE SEPTIC & DRAINFIELD FOR LOT 7 IN THE REAR YARD AND STILL MAINTAIN THE REQUIRED 75' RADIUS REQUIRED BY H.R.S. A COPY OF THE AGREEMENT BETWEEN MR. PEETS AND MR. CUTSAiL WAS PROVIDED. A LETTER FROM H.R.S. WAS ALSO PROVIDED STATING THAT IF A VARIANCE IS GRANTED BY SEBASTIAN, THE APPLICATION FOR THE REAR SEPTIC AND DRAINFIELD WOULD BE APPROVED. MR. PRIORE QUESTIONED THE EFFECT THIS VARIANCE WOULD HAVE ON THE LOTS ACROSS BOTH DOCTOR AVENUE AND WENTWORTH STREET. MR. COOPER NOTED THAT ONLY 4 OR 5 FEET OF THEIR FRONT PROPERTY WOULD BE INVOLVED. A LETTER OF OBJECTION FROM MRS. BABINEAU, OWNER OF LOT 29, BLOCK 42, SEBASTIAN HIGHLANDS UNIT 2, WAS DISCUSSED. THE CONCERN WAS THAT A MALFUNCTION OF THE PROPOSED DRAINFIELD WOULD HAVE THE SYSTEM SPILL OVER INTO THE ADJACENT DITCH WHICH THEN RUNS BETWEEN TWO LOTS ACROSS WENTWORTH STREET. MR. COOPER NOTED THAT H.R.S. WOULD NOT APPROVE A SYSTEM THAT WOULD DO THAT. HE ALSO NOTED THAT IT IS NO DIFFERENT FROM PUTTING A SEPTIC AND DRAINFIELD IN THE FRONT YARD WITH POSSIBLE SEEPAGE INTO THE FRONT SWALE. MR. PRIORE QUESTIONS WHO WILL DO THE INSPECTION TO MAKE SURE THAT ALL CONDITIONS NECESSARY HAVE BEEN MET. MR. RAIMI EXPLAINED THAT THE HEALTH DEPARTMENT WILL INSPECT THE NEW SEPTIC AND DRAINFIELD ON LOT 7, BLOCK 49, THE NEW WELL ON LOT 8, BLOCK 49, AND THE CAPPING OFF OF THE OLD WELL WITH CONCRETE. MR. COOPER STATES THAT STAFF IS IN FAVOR OF THE VARIANCE AS PRESENTED. IT POSES NO HARDSHIP TO ANYONE ELSE AND THERE IS NO OTHER WAY TO BUILD ON THIS LOT. MR. FRED GEORGE, OWNER OF LOT 28 AND 1/2 OF LOT 27, BLOCK 42 (ACROSS WENTWORTH FROM APPLICANT) EXPRESSED HIS CONCERNS ABOUT THE PROPOSED DRAINFIELD SPILLING OVER INTO THE DITCH WHICH THEN RUNS PAST HIS PROPERTY. AGAIN, BOTH MR. COOPER AND MR. PRIORE STATED THAT THIS WOULD BE SIMILAR TO FRONT YARD DRAINFIELDS POSSIBLY SPILLING INTO FRONT SWALES. THE HEALTH DEPARTMENT WOULD REGULATE ANY PROBLEMS IN THIS AREA AND MAKE SURE THAT NO LEACHING OCCURS. PAGE 3 MOTION BY MR. PRIORE, SECONDED BY MRS. HEINICKE TO GRANT THE VARIANCE IN REGARDS TO LOT 7, BLOCK 49, SEBASTIAN HIGHLANDS UNIT 2, TO ALLOW WASTEWATER FACILITIES IN THE REAR YARD, WHEREAS THE ORDINANCE (SECTION 20.A-5.6 OF THE SEBASTIAN LAND DEVELOPMENT CODE) REQUIRES THE PLACEMENT OF SUCH FACILITIES IN THE FRONT OR SIDE YARD. ROLL CALL: YES: CHAIRMAN MATTHEWS VICE CHAIRMAN PRIORE MR. STEPHENSON MRS. HEINICKE NO: NONE MOTION CARRIED. PUBLIC HEARING - WILLIAM AND EMELYN COMEAU, IN REGARDS TO LOT 19, BLOCK 603, SEBASTIAN HIGHLANDS UNIT 17, IS REQUESTING A VARIANCE FOR A BUILDING THAT ENCROACHES APPROXIMATELY .56 FEET INTO THE REQUIRED 25 FOOT SETBACK (SECTION 20A-3.4 (D) (6)(a) OF THE SEBASTIAN LAND DEVELOPMENT CODE). MR. COMEAU WAS PRESENT. HE STATED THAT HOLIDAY BUILDERS WAS CONTRACTED TO BUILD THIS HOUSE. IT WAS BUILT TOO CLOSE TO THE STREET, SO HOLIDAY BUILDERS CUT 8 INCHES OFF THE GARAGE TO CORRECT THE PROBLEM. HOWEVER, THE SOUTHEAST CORNER IS STILL ENCROACHING BY .56 FEET. THIS CANNOT BE CORRECTED BY JUST CUTTING IF OFF AS IT WOULD CHALLENGE THE INTEGRITY OF THE ROOF. MR. COMEAU ALSO PRESENTED A LETTER FROM HIS NEIGHBOR ACROSS SOUTH EASY STREET WHICH STATED THAT HE DOES NOT OBJECT TO THIS ENCROACHMENT. MRS. HEINICKE QUESTIONED THE NOTE ON THE COMEAU APPLICATION WHICH STATED THAT HOLIDAY BUILDERS HAD CEASED BUILDING AND WONDERED IF THIS MEANT ALL CONSTRUCTION OR ONLY THE COMEAU HOUSE. MR. COMEAU WAS REFERRING ONLY TO HIS HOUSE. MR. COOPER EXPLAINED THAT A CIVIL DISPUTE IS PENDING BETWEEN COMEAU AND HOLIDAY BUILDERS, BUT HAS NOTHING TO DO WiTH THIS VARIANCE. MR. COOPER NOTED THAT IT WAS A VERY SMALL ENCROACHMENT AND ONLY ON ONE CORNER OF THE BUILDING. HOWEVER, SINCE AN ATTORNEY WAS INVOLVED IN THE ISSUE BETWEEN OWNER AND BUILDER, IT WAS NECESSARY TO BRING THIS BEFORE THE BOARD. THE OWNERS WANT TO INSURE THAT IT IS LEGAL. PAGE 4 MRS. HEINICKE QUESTIONED WHY THIS WASN'T FOUND BY THE INSPECTOR. MR. COOPER EXPLAINED THAT A SLAB SURVEY IS REQUIRED WHEN A BUILDING IS TO BE LOCATED ONE FOOT OR CLOSER TO A SETBACK. THIS IS WHAT THE INSPECTOR RELIES ON TO DETERMINE AN ENCROACHMENT. MR. MATTHEWS ASKED IF THE BUILDER WAS PRESENT AND IT WAS INDICATED BY MR. COOPER THAT A REPRESENTATIVE FROM HOLIDAY BUILDERS WAS PRESENT. MR. MATTHEWS NOTED THAT SPECIAL CONDITIONS AND CIRCUMSTANCES DO NOT RESULT FROM THE ACTIONS OF THE APPLICANT. ATTORNEY TORPY NOTED THAT THE APPLICANT DID NOT CAUSE THE PROBLEM, THE BUILDER DID. THE APPLICANT HAD NO PRACTICAL CONTROL OVER THE SITUATION. MOTION BY MRS. HEiNICKE, SECONDED BY MR. STEPHENSON TO GRANT THE VARIANCE IN REGARDS TO LOT 19, BLOCK 603, SEBASTIAN HIGHLANDS UNIT 17 TO ALLOW A VARIANCE FOR A BUILDING THAT ENCROACHES APPROXIMATELY .56 FEET INTO THE REQUIRED 25 FOOT SETBACK (SECTION 20A-3.4 (D)(6)(a) OF THE SEBASTIAN LAND DEVELOPMENT CODE). ROLL CALL: YES: CHAIRMAN MATTHEWS VICE CHAIRMAN PRIORE MR. STEPHENSON MRS. HEINICKE NO: NONE MOTION CARRIED. CHAIRMAN'S MATTERS: CHAIRMAN MATTHEWS FELT THE BOARD SHOULD GET A STAR FOR THEIR EFFORTS AS THEY WERE THE ONLY ONES WHO REDUCED THEIR BUDGET FOR THE YEAR! MRS. HEINICKE ASKED IF THE BOARD MEMBERS HAD BEEN APPROVED FOR ADDITIONAL THREE-YEAR TERMS BECAUSE SHE DID NOT REMEMBER ASKING TO BE REAPPOINTED. JAN KING, BOARD SECRETARY, NOTED THAT AT THE LAST MEETING SHE HAD BEEN INSTRUCTED BY THE BOARD TO COMPOSE A LETTER FROM EACH BOARD MEMBER TO THE CITY COUNCIL ASKING TO BE REAPPOINTED TO AN ADDITIONAL THREE-YEAR TERM. THE LETTERS PAGE 5 WERE INCLUDED IN EACH MEMBER'S PACKET. THEY NEED TO BE SIGNED AND RETURNED TO THE SECRETARY AS SOON AS POSSIBLE SO THAT MR. COOPER CAN HAVE THEM PLACED ON A CITY COUNCIL AGENDA FOR APPROVAL. MR. PRIORE STATED THAT HE HAS BEEN ON THE BOARD SINCE 1979 AND PERHAPS IT WAS TIME FOR SOME "NEW BLOOD". AFTER A BRIEF DISCUSSION, IT WAS NOTED THAT THERE ARE NO POSITIONS NOW OPEN ON THE BOARD. MR. PRIORE WILL THINK ABOUT THE REAPPOINTMENT AND LET STAFF KNOW. COMMITTEE MATTERS: NONE BUILDING OFFICIAL MATTERS: NEW BUSINESS: NONE NONE THERE BEING NO FURTHER BUSINESS, MOTION TO ADJOURN WAS MADE BY MRS. HEINICKE, SECONDED BY MR. PRIORE. MOTION CARRIED. THE MEETING ADJOURNED AT 4:05 P.M.