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HomeMy WebLinkAbout06092004BOA~~ HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FL 32958 WEDNESDAY, JUNE 9, 2004 6:30 PM MINUTES 1. The Mayor called the Board of Adjustment meeting to order at 6:30 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Citv 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 City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Tracy Hass Growth Management Manager Jan King 4. ANNOUNCEMENTS: The City Attorney advised the Board of their responsibility. 5. APPROVAL OF MINUTES: 1/28/04 Mr. Coniglio pointed out the roll call totals were incorrect. MOTION by Coniglio/Barczyk "With those corrections, I would move to approve the minutes." Mayor McCollum aye Mr. Barczyk aye Mr. Coniglio aye Mr. Heptinstall aye Ms. Monier aye Motion carried 5-0 Board of Adjustment Meeting ]une 9, 2004 Page Two 6. OLD BUSINESS: None NEW BUSINESS A. PUBLIC HEARING: WILLIAM WELSH OF W.J.W., INC. IN REGARDS TO LOT 2, BLOCK 8, HARDEE'S ADDITION TO SEBASTIAN AND LOCATED AT 730 HIGH STREET, IS REQUESTING A VARIANCE TO ALLOW A PROPOSED RESIDENTIAL STRUCTURE TO UTILIZE A 10 FOOT SECONDARY FRONT YARD SETBACK, WHEREAS THE CODE REQUIRES A 20-FOOT FRONT YARD SETBACK. The Growth Management Manager explained the reason for this variance as outlined in the staff report dated 6-4-04 (attached). The Growth Management Manager further said the applicant is now willing to have an eight foot setback on the side property line as opposed to the zero setback, and that the Engineering Department requests the owner to acknowledge the City's continuing right to development improvements within the existing right of way and the owner waives any claims related to any resulting damages from the City's continuing right to develop improvements within the right of way. No ex parte communications were disclosed. The City Clerk swore in the applicant, Growth Management Department Staff and ]oe Graham, representing the applicant. Mr. Graham stated the applicant is looking for the 10 foot side setback and will agree to the Engineering Department's comments. Discussion followed on the clearing of the lot and future use of Taft Street. The Mayor opened the floor for public input and there was none. Staff recommended approval subject to the Engineering Departments comments. MOTION by Coniglio/Barczyk "I make a motion we approve this variance subject to staff recommendation, subject to the Engineering Dept. request as outlined in the material." Mr. Barczyk aye Mr. Coniglio aye Mr. Heptinstall aye Ms. Monier aye Mayor McCollum aye Motion carried 5-0 Board of Adjustment Meeting June 9, 2004 Page Three B. PUBLIC HEARING: WILLIAM KRAFTCHAT, IN REGARDS TO LOT 12, BLOCK 73, SEBASTIAN HIGHLANDS UNIT 4, LOCATED AT 767 WIMBROW DRNE, IS REQUESTING A VARIANCE TO LOCATED AN ACCESSORY SHED UP TO THE SIDE PROPERTY LINE (0 SETBACK), WHEREAS THE CODE REQUIRES THIS STRUCTURE TO BE A MINIMUM OF 10 FEET FROM THE SIDE PROPERTY LINE. No ex parts communications were disclosed. The City Clerk swore in the applicant. William Kraftchak, property owner, stated he tried to unsuccessfully to purchase the adjoining properly. He further stated the building would store his lawn equipment and match the exterior of his home. The Growth Management Manager stated the Engineering Department would like to maintain access to the easement and the applicant will also have to apply for a vacation of the easement at a later date. Staff recommends that the variance be no more than five feet so the structure is not in the easement. Mr. Barczyk requested clarification that the easement would apply to the structure only and would be portable. The applicant stated he would accept a five foot setback and the structure was portable. The City Stormwater Engineer was sworn in to state a County water main runs along the edge of the property. The Mayor opened the floor for public input and there was none. The applicant reaffirmed he would accept a five foot setback as recommended. MOTION by Coniglio/Monier "I would make the motion that we approve a variance of five foot along with staff's recommendations and I would make note with a big asterisk on top of this that it was because it was right next to City property so we don't set a precedence." The City Attorney pointed out this would apply to the life of the structure. Mr. Coniglio aye Mr. Heptinstall aye Ms. Monier aye Mayor McCollum nay Mr. Barczyk nay Motion carried 3-2 Board of Adjustment Meeting June 9, 2004 Page Four 8. CHAIRMAN'S MATTERS: none. 9. MEMBERS' MATTERS: none. 30. STAFF MATTERS: none. 11~../,.,~,The Mayor adjourned the Board of Adjustment meeting at 7:07 p.m. Approved at the ~ ~7 ~Jd Hoard of Adjustment meeting. Na~. McCollum, Mayor rk fitly (~' ~- G`~ -~ _ L t}' ~' i~t71'~E S3F PEi:I~Ai 1iANL1 Growth Management Department Variance Application -Staff Report 1. Project Name: William Welsh Proposed Residence 2. Requested Action: Variance requested from Section 54-2-5.6.(d).(5) to allow a proposed residential structure to utilize a 10-foot secondary front yard setback, whereas the code requires a 20-foot front yard setback. 3. Project Location a. Address: b. Legal: 4. Project Owner: 5. Project Agent: 6. Project Description: 730 High Street Lot 2, Block 8, Hardee's Addition to Sebastian William Welsh W.J.W., Inc. P. O. Box 4130 Sebastian, FL 32978 same a. Narrative of proposed action: Mr. Welsh, on behalf of W.J.W. Development, Inc., has filed an application for a variance in regards to property located at 730 High Street. He proposes to construct a residence on this corner lot with a secondary front yard of 10 feet. Front yard setbacks in this district are required to be 20 feet. In December of 2003, Sebastian expanded the Community Redevelopment Area to include High Street, and approved a modified community redevelopment plan. The plan promotes a mixed-use zoning to include both residential and commercial. Certain code modifications are necessary before such development can be permitted. As the applicant desires to construct the residence in the very near future, he requested a special exception permit for the residential use. This was approved by the City Council on April 14, 2004. -The next issue to resolve is the required building setbacks. The Industrial District establishes a 20-foot front yard setback, 0-foot side yard setback and 10-foot rear yard setback. Although these setbacks are suited. to industrial development, they are less suited for residential development. Again, certain code modifications will be proposed for this district to accommodate the new uses. And again, since the applicant desires to construct the residence in the very near future, he has requested a variance to allow a 10-foot front yard setback (secondary) from the required 20-foot setback. b. c. d. The attached site plan shows a proposed building envelope on the property. It should be noted that "First Street" (a.k.a. Taft Street) is a platted 50-foot road right-of--way, which has never been constructed. The City's Engineering Department has reviewed the variance request and offered the following comment: "Engineering Department has no objection to requested 10-foot setback as long as owner acknowledges City's continuing right to develop improvements within existing ROW and owner waives any claims related to any resulting interference/damages from City's continuing right to develop improvements within. existing ROW." Current Zoning: IN Adjacent Properties: Zoning Current Land Use Future Land Use North: IN warehouse 1ND East: 1N vacant 1ND South: IN vacant 1ND West: IN mobile home 1ND Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: .15 acres vacant public (if available) public (if available) 2 BOARD CRITERIA FOR DETERMINING VARIANCES (Section 54-1-2 5)• In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must fmd the following: a. Existence of special conditions or circumstances. b. Conditions not created by applicant. c. Special privileges not conferred. d. Hardship conditions exist. e. Only the minimum variance granted. f. Not injurious to public welfare or intent of ordinance. g. Conditions and safeguards maybe imposed. h. Time limit may be imposed. i. No use variance permitted in specified instances. Please reference Section 54-1-2.5 of the Land Development Code for further explanation and clarification of the conditions as set forth above. Staff Recommendation: Hold quasi judicial hearing to consider the request for a variance. Pr~pa ed by J~x'lr ~ g Growth Man ent Department ~_~._d Date 3 ~o ~~ ti 0 s rv n' i- 0 ~.! 1 ~. C° z ~..~.q U V v !~ O O O fTl m High Street , 50' R/W \ / T I ~ ~ N I n AO I ~ 3 ~ ~ L__J w~ i N x O ~ w _ -.__._, , . I ~ W V O ~ ~ N O ~ o ~ O ~ ~ o ~ O O ' fTl ~ ' " ~ ~ ~ 8 -0 32'-D" 10,_0" -------~ o 50.00' 7 o N22'40'00"W Alley ~ ~o' R/w u~ ~- rf rn~ l V ~ ~~ a wuwx e,: E.E. erm:m e•: M.S.C. Fort Steuben Engineering Services Bill and Juonit0 Welsh ~'~`~"~'°~ DATE: NA ]. 2aas REV: rm. 2A ]ooa " .roe BErt 91EET ue ~:ee...xe Enw si.,~~u.. an~o wluss Ot0) R6E-ei<e ~w°i10H' _~ ; Pler. :~~ :he 5. Gmpbeli. ?.`.. 0312 D-0372-i BOARD OF ADJUSTMENT CITY OF SEBASTIAN, FLORIDA IN RE VARIANCE APPLICATION OF: William Welsh of W.J.W., Inc., for property at Lot 2, Block 8, Hardee's Addition, Commonly called 730 High Street 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 June 9, 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. Development of the subject property at the now required 20-foot Industrial District setbacks would be less suited for a residential use. 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 setback to 10 feet, so long as the owner acknowledges City's continuing right to develop improvements within existing ROW. DONE AND ORDERED in Sebastian, Indian River County, Florida, this 9th day of June, 2004; rendered nunc pro tunc this>, `~~- day of February, 2008. CITY OF SEBASTIAN, FLORIDA ATTEST: ~~ Sally A. Mai , MMC, City Clerk as CLERK T THE BOARD OF ADJUSTMENT Mayor Andrea Coy, as C n BOARD OF ADJUSTM 2 Schedule "A" Parcel located at Lot 2, Block 8, Hardee's Addition to Sebastian, according to the plat thereof, as recorded in Plat Book 3, Page 1, of the public records of St. Lucie County, Florida; Said lands lying and being in public records of Indian River County, Florida. BOARD OF ADJUSTMENT CITY OF SEBASTIAN, FLORIDA IN RE VARIANCE APPLICATION OF: William Kraftchat, for property at Lot 12, Block 73, SebastianHighlands Unit 4, Commonly called 767 Wimbrow Drive 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 June 9, 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. Development of the subject property for the accessory structure at the now required 10-foot side yard setback would be difficult due to the land configuration as it abuts Lake Hardee. The Engineering Department stated there should be no permanent structures within the existing 5-foot side yard utility easement. 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 north-western most side yard setback to 5 feet. No permanent structure may be placed within the varied setback and this variance is only for the life of the existing accessory structure. DONE AND ORDERED in Sebastian, Indian River County, Florida, this 9th day of June, 2004; rendered nunc pro tunc this c~7~day of February, 2008. CITY OF SEBASTIAN, FLORIDA f- ;~ ~~ y , ~. Mayor Andrea Coy, as hai an BOARD OF ADJUSTMENT ATTEST: ~. ~; ~,~ ` Sally A.-Mai , MMC, City Clerk as CLERK T THE BOARD OF ADJUSTMENT Schedule "A" One 11-foot by 16-foot portable storage shed located at Lot 12, Block 73, Sebastian Highlands Unit 4, also known as 767 Wimbrow Drive, Said lands now lying and being in Indian River County, Florida.