Loading...
HomeMy WebLinkAbout01282004BOAHOME OF PELICAN ISLAND BOARD OF ADJUSTMENT COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FL 32958 WEDNESDAY, ]ANUARY 28, 2004 6:00 PM MINUTES The Mayor called the Board of AdjustTnent meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer Deputy City Clerk, Jeanette Williams Growth Management Director, Tracy Hass Growth Management Manager Jan King ANNOUNCMENTS: None APPROVAL OF MINUTES: 10/22/03 MOTION by Coniglio/Hill "Move to approve." Mayor Bames aye Mr. Coniglio aye Mr. Barczyk aye Mr. Hill aye Mr, McCollum aye Motion carried 5-1 OLD BUSINESS: None Board of Adjustment Meeting 3anuary 28, 2004 Page Two 7. NEW BUSINESS A. PUBLIC HEARING: ADAMS DEVELOPMENT GROUP, INC. IN REGARDS TO PROPERTY LOCATED AT 1654 INDLAN RIVER DRIVE, IS REQUESTING A VARIANCE TO ALLOW A PROPOSED RESIDENTIAL STRUCTURE TO UTI~ [TE THE NONRESIDENllAL SETBACKS IN THE COMMERCIAL WATERFRONT RESIDENTL4L (CWR) ZONING DISTRICT. Mr. John King, Adams Development Group, Inc. stated a residence will keep this section of the riverfront open whereas commercial development will put a parking lot and retention area which will utilize the whole section. Discussion followed on the size of the area and obscuring the view of the river. The Growth Management Director vocally supported the commercial setback for this residential area. MOTION by Coniglio/Barr_Tyk "I would move on si:afl recommendation," The City Attorney pointed out that staff recommendation was as stated as opposed to written. Mr. Barczyk aye Mr. Hill aye Mr. McCollum aye Mayor Barnes aye Mr. Coniglio aye Motion carded 5-1 B. PUBLIC HEARING: EARL M~ i ~LLER IN REGARDS TO LOT 13 AND A PORTION OF LOT 14, POINT-OF-WOODS SUBDMSION (869 ROBIN LANE) IS REQUESTING A VARIANCE TO ALLOW A TOTAL OF 1900 SQUARE FEET OF ACCESSORY BUELDINGS ON A RESIDENTIAL LOT, WHEREAS THE CODE PERM1TS A MAXIMUM OF 1000 SOUARE FEET OF ACCESSORY BUILDINGS ON A RESIDENTIAL LOT. Earl Masteller, property owner, stated the square footage is needed to build a mother-in-law house for his eldedy mom and it exceeds what is currently allowed in code. Discussion followed on guest house code provisions and future division of these lots. Beard of Adjustment Meeting January 28, 2004 Page Three MOTION by Coniglio/Hill "I move that we would offer--give Mr. Hastellar his variance so that he . could put this 1900 square foot accessory structure on his property." Mr. Hill aye Mr. McCollum aye Mayor Barnes aye Mr. Coniglio aye Mr. Barr. zyk aye Motion carded 5-1 C. PUBLIC HEARING: INDIAN RIVER COUNTY EMERGENCY SERVICES, FIRE DMSION IN REGARDS TO THEIR PROPERTY LOCATED AT 1640 US 1, IS REQUE51 lNG A VARIANCE TO CONSTRUCT A BUILDING ADDlrI'ION TWO FEET FROM A FRONT PROPERTY LINE (NORTH CENTRAL AVENUE), WHEREAS THE CODE REQUIRES A 30-FOOT FRONT YARD Sm ~ ~ACK. John King, Director of Indian River County Emergency Services, explained that the station was built when fire trucks were smaller and personnel could hang off the tail end but due to new laws, personnel must be seated, enclosed in the vehicle thus a longer truck requiring the stall to be elongated. Discussion followed on zoning category and the future use of this property. The Growth Management Director stated all un-usuable property within the City will be identified in the future comp plan revision. MOTION by Barczyk/Coniglio "Move to approve the request as requested." Mr. McCollum aye Mayor Barnes aye Mr. Coniglio aye Mr. Barczyk aye Mr. Hill aye Motion carried 5-1 Board of Adjustment Meeting 3anua~y 28, 2004 Page Four D. PUBLIC HEARING: CONTINENTAL PROPERTIES CO, INC. IN REGARDS TO THE PROPERTY OWNED BY PARADISE PARTNERS, INC. AND LOCATED EAST AND SoLrrH OF THE SHARKMART MOBIL GAS STATION (INTERSECTION OF CR512 AND CR510) IS REQUESTING A VARIANCE TO ALLOW THE PROPOSED DEVELOPMENT OF THIS SITE TO CONTAIN 85 PERCENT IMPERVIOUS SURGACE AND 15 PERCENT OPEN SPACE, WHEREAS THE CODE ALLOWS A MAXIMIM OF 80 PERCENT IMPERVIOUS SURFACE AND A MINIMUM OF 20 PERCENT OPEN SPACE, THE APPLICANT IS ALSO REQUE~IING A VARIANCE TO THE PARKING STALL SPECIFICATIONS FOR 60 DEGREE ANGLE PARKING TO ALLOW 9.5 FOOT WIDTH BY 18-FOOT LENGTH WITH 22-FOOT AISLES, WHEREAS THE CODE REQUIRES 10-FOOT WIDTH BY 21.5 FOOT LENGTH VVl-II-I 18-FOOT AISLES. Thomas Gilgenbach, Development Director, Continental Properties Company, Inc. stated a parking stall and landscape reduction is necessary to accommodate the number of stalls required by the intended grocer. He further stated that the reduction of landscaping has been mitigated with adjoining property owners to provide alternative landscaping. Mr. Gilgenbach was asked if the alternative landscaping was guaranteed and he replied written agreements would be instigated. Discussion followed on the overlay district's requirements in which the Growth Management Director replied that the district requires landscaping only in the front of the building which will not affect this variance. Discussion continued on the citJzen's input in the Charette process in which they desired to maintain a small town feel and reduce impervious surfaces. Mr. Coniglio pointed out the commercial node will decrease traffic on CR512 and asked what the rear of the building would look like. Mr. Gilgenbach stated the back of the building would look nice. Mr. Barczyk pointed out the trucks would enter off Stony Point Ddve and this might be undesirable for residents. The Growth Management Director read the City Engineer's comments in which he did not object to the parking stall changes. (attached) He clarified that the stall reduction was not part of this vadance as the Planning and Zoning Commission has the power to provide for the waiver in the site plan process. Dan Bryant, Paradise Partners, stated with the proposed agreement, the Sharkmart has exceeded landscaping requirements and the Sharkmart driveway will be relocated to accommodate the traffic. Board of Adjustment Meeting ]anuary 28, 2004 Page Five Timothy 3elus, 1682 W. Hibiscus Blvd., Melbourne explained because there is no feasible spot for stormwater retention, the applicant planned to install a ex'filtration system with landscaped berm in the rear of the store and Sebastian River Landings LLC supports the request for variance. Mr..lelus also pointed out traffic must go East for groceries and this will reduce arterial traffic. Mayor Barnes pointed out that a condition can be placed on the motion. Motion by Coniglio "I would like to--just from what I've heard, what I know is going to happen with the 512 overlay, why even put that into place and how this is going to conform with it, the impact that this will alleviate other areas of these two areas that are going to have major development in and keep people from driving to other locations by using this commercial property I think it will be a real benefit to the City, for those reasons I would like to see us grant this variance, I would like to see with conditions that the rear of the building, the portion of Sharkmart or attached to this so it isn°c just something that goes by the wayside later on when it goes to Planning and Zoning, and what that buffer's going to look like on Stony Point Drive, the accesses are important and that would be my motion sir." Mayor Barnes clarified that prior to granting the variance, the City would have a guarantee or agreement that the buffers will be adequate to protect the area. There was no second. Motion failed. The City Attorney pointed out that architectural features could be required on all sides of the building as part of a motion. Motion by McCollum/Hill "Mayor I would move that we deny a request for variance f~om Continental Properties." Mayor Barnes aye Mr. Coniglio nay Mr. Barczyk aye Mr. Hill aye Mr. McCollum aye Motion carried 4-1 Board of Adjustment Meeting 3anuary 28, 200q Page Six 8. CHAIRMAN'S MA'n'ERS: none. 9. MEMBERS' MA'FFERS: none. 10. STAFF MAq-I'ERS: none. 11. Nathan I~. Mc:~_.offuf~,~l~a,~r Al Sally A. Maio, C,I/,1C, City Clerk The Mayor adjourned the Board of Adjustment meeting at 6:43 p,m. C-86 Parking Detail Drawing. Page ! of 2 Jan King From: David Fisher Sent: Monday, January 26, 2004 4:27 PM To: Jan King Subject: RE: Variance Request for 60 degree angle parking (Publix) Jan -- Further to our review and discussion of the applicant's clarification, I would have no objection to changing the length of the stall in view of the fact we are gaining substantially on the width of the aisle. As to the reduction in the width of the parking stalls from 10' to 9.5', I would have no objection pending further review by P&Z. They may have their own objections to any reduction in width of the stall (in this case, a loss of 3" on each side of each vehicle in each stall). -- Dave Fisher ..... Original Message ..... From: .]an King ~ent: Monday, 3anuary 26, 2004 12:41 PM To: David Fisher Cc: Tracy Hass Subject: Variance Request for 60 degree angle parking Attached is the response to my request for additional information regarding the variance for Continental Properties. ..... Original Message ..... From: Eric Thom [maitto:ethom@cproperties.com] Sent: Monday, January 26, 2004 12:30 PM To: jking@cityofsebastian.org Cc: Tom Gilgenbach Subject: 086 Parking Detail Drawing. Jan, Here is a drawing of the 2 ways we are looking at the parking. <<C-86_Parking Detail.pdf>> I think I have identified where we are confused, and we should be able to resolve this today. Please give me a call about the enclosed sketch as soon as you as possible. Thanks, Eric E Thom Development Coordinator/CADD Manager Continental Properties Company, Inc. Office: 1-262-502-5500 Fax: 1-262-502-5522 Mailing Address P.O. Box 220 1/26/2004 IN RE VARIANCE APPLICATION OF: Indian River County, Flodda, for property at A portion of Section 30 of Fleming Grant, Commonly called 1640 US Highway 1 BOARD OF ADJUSTMENT CITY OF SEBASTIAN, FLORIDA FINDINGS OF FACT~ CONCLUSIONS OF LAW~ AND ORDER THIS CAUSE came on for public hearing before the CITY COUNCIL sitting as the BOARD OF ADJUSTMENT of the CITY OF SEBASTIAN, on January 28, 2004, after due notice and based on the evidence, the BOARD OF ADJUSTMENT enters the following: FINDINGS OF FACT 1. Public notice of this hearing was duly published in the Press Journal, a newspaper of general circulation. 2. A copy of the published notice was mailed to all property owners within three hundred (300) feet of the property involved in the application, as shown in the records of the property appraiser of Indian River County. 3. Changes in the requirements for fire trucks have necessitated longer vehicle bays, which cannot possibly be located at the site under current setbacks. THEREFORE, based on a careful consideration of the evidence presented in this matter, the BOARD OF ADJUSTMENT makes these CONCLUSIONS OF LAW That special conditions or circumstances that were not created by applicant exist, creating a hardship in the use of the subject property and, further, the grant of this variance will not confer special privileges, is not injurious to public welfare or the intent of existing ordinances, and is the minimum variance required to rectify the hardships. ACCORDINGLY, the Board enters this ORDER That the application is APPROVED, and a variance is granted for the land described in the attached Schedule "A" reducing the required front yard setbacks to 2 feet. DONE AND ORDERED in Sebastian, Indian River County, Florida, this 28~h day of January, 2004. CITY OF SEBASTIAN, FLORIDA ATTEST: "S~ally~A-. Maioj2CMC, City Clerk as CLERK To'rilE BOARD OF ADJUSTMENT Mayor Walter Barnes, as Chairman BOARD OF ADJUSTMENT Schedule A LEGAL DESCRIPT£ON A parcel of land lying in Section 30, Township 30 South, Range 38 East, City of Sebastian, Indian Ri.var County, Florida. More particulary described as follows: Commencing at th® SE corner o'f.., the intersection of New U.S. Highway No.1 and 9th Street, Cit')/ of' Sebastian, Florida, run South 09°55'54'' East, along the East right- of-way line of New U.S. No.1, a distance c~f 888.50 feet to the POINT OF BEGINNING; thence continue South 09'55'54" East, along said East of New U.S. Highway No.1, a distance thence run South 87°50'34" East, c~n. right-of-way line of 150.4;2 feet; line parallel with 9th Street, a distance of 98.58 feet to the West right-of-way line of North Central Avenue; thence run North 0°04'06'' East, along the West right-o.f-way line of North Central Avenue, a distance of 1.47.18 feet; thence run .'North 87'5054" West, on a line parallel with 9th Street, a distance of 124.72 feet to the POINT OF BEGINNING; all being a portion of Section 30 of Fleming Grant as shown on a certain map of Wauregan of Fleming Grant made by S.B. Carter and filed in the land records of Brevard County, Florida; said land now lying and being in Indian River County, Florida. 0.38 Acres more or less. BOARD OF ADJUSTMENT CITY OF SEBASTIAN, FLORIDA IN RE VARIANCE APPLICATION OF: Earl Masteller, for property at Lot 13 and a portion of 14, Point-O-Woods Subdivision, Commonly called 869 Robin Lane FINDINGS OF FACT, CONCLUSIONS OF LAW~ AND ORDER THIS CAUSE came on for public hearing before the CITY COUNCIL sitting as the BOARD OF ADJUSTMENT of the CITY OF SEBASTIAN, on January 28, 2004, after due notice and based on the evidence, the BOARD OF ADJUSTMENT enters the following: FINDINGS OF FACT 1. Public notice of this hearing was duly published in the Press Journal, a newspaper of general circulation. 2. A copy of the published notice was mailed to all property owners within three hundred (300) feet of the property involved in the application, as shown in the records of the property appraiser of Indian River County. 3. The unique size of the property was not contemplated at the time size limits were placed on accessory structures. THEREFORE, based on a careful consideration of the evidence presented in this matter, the BOARD OF ADJUSTMENT makes these CONCLUSIONS OF LAW That special conditions or circumstances that were not created by applicant exist, creating a hardship in the use of the subject property and, further, the grant of this variance will not confer special privileges, is not injurious to public welfare or the intent of existing ordinances, and is the minimum variance required to rectify the hardships. ACCORDINGLY, the Board enters this ORDER Schedule A Lot 13 and a portion of Lot 14, Point-O-Woods Subdivision BOARD OF ADJUSTMENT CITY OF SEBASTIAN, FLORIDA IN RE VARIANCE APPLICATION OF: Continental Properties Co., Inc., for property at A portion of Section 23, Township 31 South, Range 38 East. FINDINGS OF FACT, CONCLUSIONS OF LAW~ AND ORDER THIS CAUSE came on for public hearing before the CITY COUNCIL sitting as the BOARD OF ADJUSTMENT of the CITY OF SEBASTIAN, on January 28, 2004, after due notice and based on the evidence, the BOARD OF ADJUSTMENT enters the following: FINDINGS OF FACT 1. Public notice of this hearing was duly published in the Press Journal, a newspaper of general circulation. 2. A copy of the published notice was mailed to all property owners within three hundred (300) feet of the property involved in the application, as shown in the records of the property appraiser of Indian River County. THEREFORE, based on a careful consideration of the evidence presented in this matter, the BOARD OF ADJUSTMENT makes these CONCLUSIONS OF LAW That special conditions or circumstances that were not created by applicant do not exist that create a hardship in the use of the subject property and, further, the grant of this variance will confer special privileges, is injurious to public welfare and the intent of existing ordinances. ACCORDINGLY, the Board enters this ORDER That the application is DENIED. DONE AND ORDERED in Sebastian, Indian River County, Florida, this 28~ day January, 2004. CITY OF SEBASTIAN, FLORIDA ATI'EST: Sally/~.'Uaio,~l~lC, City Cie as CLERK TO 7RE BOARD OF ADJUSTMENT Mayor Walter Barnes, as Chairman BOARD OF ADJUSTMENT IN RE VARIANCE APPLICATION OF: Adams Development Group, Inc., for property at A portion of Lot 6, Indian River Hills Subdivision, Commonly called 1654 Indian River Drive BOARD OF ADJUSTMENT CITY OF SEBASTIAN. FLORIDA FINDINGS OF FACT~ CONCLUSIONS OF LAW~ AND ORDER THIS CAUSE came on for public headng before the CITY COUNCIL sitting as the BOARD OF ADJUSTMENT of the CITY OF SEBASTIAN, on January 28, 2004, after due notice and based on the evidence, the BOARD OF ADJUSTMENT enters the following: FINDINGS OF FACT 1. Public notice of this headng was duly published in the Press Journal, a newspaper of general circulation. 2. A copy of the puhlished_nntic.~, was mailedt~ all prope[ty owner, s within three hundred (300) feet of the property involved in the application, as shown in the records of the property appraiser of Indian River County. 3. Development of the subject property at the now required residential setbacks would be impossible, and due to site constraints commercial development of the property would conflict with the established public policy of providing riverfront vistas within the City. THEREFORE, based on a careful consideration of the evidence presented in this matter, the BOARD OF ADJUSTMENT makes these CONCLUSIONS OF LAW That special conditions or circumstances that were not created by applicant exist, creating a hardship in the use of the subject property and, further, the grant of this variance will not confer special privileges, is not injurious to public welfare or the intent of existing ordinances, and is the minimum variance required to rectify the hardships. ACCORDINGLY, the Board enters this ORDER That the application is APPROVED, and a variance is granted for the land described in the attached Schedule 'A" reducing the required rear yard setbaok to 10 feet, the required front and side yard setbacks to 5 feet. DONE AND ORDERED in Sebastian, Indian River County, Florida, this 28~ day of January, 2004. CITY OF SEBASTIAN, FLORIDA ATTEST: Sally A. Mai~/CMC, City Clerk as CLERK TO'THE BOARD OF ADJUSTMENT Mayor Walter Barnes, as Chairman BOARD OF ADJUSTMENT Schedule A LOT 5: All of the following ,ying East of the East rigi,t of way of Riverside Drive {also known as old U.5. Highteay hie. ,~)~ From the intersection of 1he North line of [~dian River Hills Subdivision a~ recor. Jed in Plat Book 4, page 51, ~[ndlan River County, Florida records and the Fleming Grant Line~ ~aid intersection being the Point of Beginning; tl~-n~e hl0~th 45~West along, said Fleming Grant Line a distance of Z73.20 feet 1o a paint: thence Saulh 8g'lT~ East. a distance e [ ;:29,8§ feet to the West bank of the indian River; thence meandering Southeasterly along mid bank of the ~[ndlan River a distance of 12§.$§ feet lo o paint: thence South §1°.~9' We~t o distance of 120.1§ feet to the point of Beginning. LESS and excepting however, that certain properly conveyed be that certain deed recorded in Offic. lal Records BO.~k 250, page §20, Public Records of ][ndian River County, Florida; and less and excepting the 70.00 f~ot right of way for Old U.S. Highway No. L All of said lands · lying and being in Section 31, Town~hip 30 South, Range 39 East, Tndian River County. Florida. Together with an ea~t of ingress and egress over the following praper'~: Commencing at the intem¢ctian of the Norlh line of ][ndian River Hills Subdivision and the Fleming G~ant Line; run North 4§~(J~' West a distance of 20.1§ feet; thence run Westerly and parallel to the Northerly line c.[ ]~ndlan River Hills Subdivision a distance of 94.25 feet: thence run 5outh 23'49' East a distance of :~0.71 feet: thence run along the North line of Zndian River Hills Subdivision a di~/ance of i01.82 feet ta the Point of Beginning. aLSO, comraencing at the same Point of Beginning as set forth In this paragraph; 'thence run North 4§'O9' VVest a dia~tancg of 20.1§ feet; thence run North !~1°10' East a distance of 37.a7 feet to the We. st right of way of Old U.5. Highway No. 1; thence run Southerly along thc Westerly right ,.f way of s~id road a distance of 20.70 feet to the No,th line of ]~ndk~ River Hills 5ubdivisi~n; thence run Soutl~vesterly along said Norlh line of ~aid subdivision a distance of 30.Z§ fr et to the Paint of Beginning. All of said land lying and being in ]~ndlan River County, Florida. Ahib ALSO All of Lot 6, ~ubdivisJon of Falot¢ of August P~rk, according to 1he Plat 1hereof a~ recorded in Plot Book l, page i9, Pqb!ic Re, cords of St. Lucia County, Florida; said land now lying and being in ]~ndian River County, Florida, les~ the North 1.52 acres of said Lot 6. ALSO DESCRZBED ,,'.S-' The North .76 acre:: of the $auth 1.76.a~re~ af Lot 6, August Park Estates, according to 1he pl~t lhereof'a~ recorded in Plat Book ~, page t9, Public Records of St. Lucia County, .Florida; ~lid land ~o~r lying anct being in .[nd'.~n River County, Florida.