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HomeMy WebLinkAbout02031998BOA , CITY OF SEBASTIAN . BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING FEBRUARY 3, 1998 Chrnn. Devito called the meeting to order at 7: 04 pm. The Pledge of Allegiance was said. ROLL CALL: PRESENT: VC Crockett Chrnn. Devito Mr. Gore Mr. Beckwith ALSO PRESENT: Robert Massarelli, Community Development Director Ann Brack, Recording Secretary ANNOUNCEMENTS: . Chrnn. Devito noted that City Council will look into appointing new members (for this Board) on February II, 1998. APPROVAL OF MINUTES: MOTION by GorelBeckwith I move that we waive reading of the minutes of 1/6/98, and the other one, they be seconded and approved by the Board. Roll call: Chrnn. Devito - yes Mr. Gore - yes Mr. Beckwith VC Crockett -yes -yes The vote was 4 - O. Motion carried. OLD BUSINESS: Chrnn. Devito requested a copy of the minutes of the Code Enforcement Board hearing on the Bailey matter. Mr. Massarelli responded that he would make a copy available. NORBERT KREYER, in regards to property known as the Sebastian Center and located at 1627 U.S. 1, Sebastian, FL, is requesting a variance to allow medical offices in this building to be considered as professional offices for the purpose of determining parking requirements. . Mr. Norbert Kreyer, general partner of Sebastian Center, Ltd., and with Danen Holding, Inc., was present and gave his presentation commenting that this building is 75% leased and only 50% of the DV . BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF FEBRUARY 3, 1998 parking area is used. He would like to be able to allow South Florida Vision Center to locate on this property. He provided a letter from the South Florida Vision Center giving their schedules which Chmn. Devito read aloud, since there were no copies available. Questions were asked by Board members. Mr. Kreyer also noted that when the Fitness Center was located in this building, they used many parking spaces, but they are gone now. Chmn. Devito then asked for public input. There was none. Mr. Massarelli gave a history of this building and the method used to calculate parking spaces. He then gave staff presentation and recommended denial. There was much discussion on this issue. It was noted by Mr. Massarelli that when this was approved in 1984 for offices, medical was wrapped up in offices. He also noted that in 1995, there was a variance applied for, and City Council approved a temporary variance on parking, and it was intended to last for no more than 180 days. He commented that this variance has lapsed, and the use is still in the building, and a letter was sent to the applicant about this. He also gave information about a marl path going to the Eagle's Club (presently the Senior Center) being approved in 1992 to accommodate Dr. Ramos' occupancy. . Mr. Kreyer noted that the variance for the marl path was for parking by the Fitness Club, not Dr. Ramos. He also offered to ask Dr. Bambrick to vacate in order to bring in the Vision Center. Mr. Massarelli agreed with Mr. Kreyer on the marl path being for the Fitness Club. Mr. Beckwith suggested an approval of the variance only for the South Florida Vision Center and the present medical facilities already on this site. Mr. Gore spoke in favor of this variance. After discussion, Mr. Massarelli suggested amending the findings in the staff report if this Board is considering approval of this variance. MOTION by GoreJBeckwith . I make a motion that this variance be granted on the following reasons; that a special circumstance does exist; that this circumstance was not created by the applicant but rather by the parking restrictions of the City of Sebastian's Code; that no special favor will be granted to the applicant as another doctor is located in the building; and literal interpretation of the Code would create an undue hardship upon the applicant regarding his source of eventual income; in addition to the present medical offices the one more additional medical office (South Florida Vision Center) sought by the applicant will be restricted to those three types of ownership. Any change in ownership or a different practice would require addition application for variance. It is in harmony - it was found that it was in harmony with the general code and that it was not injurious to the public or the citizenry of Sebastian, and there is no conflict found with the Land Development Code and its intent, and includes that the variance is for the existing medical uses to be 2 ... , , . . BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF FEBRUARY 3, 1998 considered professional offices for the purpose of determining parking. So moved. Rollcall: ChInn. Devito - yes Mr. Gore - yes Mr. Beckwith - yes Mr. Crockett - yes The vote was 4 - O. Motion carried. NEW BUSINESS: HOLIDAY BUILDERS, INC., in regards to lot 24, block 376, Sebastian Highlands Unit 11, is requesting a variance to allow a septic system within the rear yard, whereas the code requires the septic system to be placed in a front or side yard. Applicant is also requesting a variance to allow a well in the front yard, whereas the code would require the well to be located within either the portion of the side yard that is not forward of the front building line or within the rear yard. . Mr. Allen Green, project manager for Holiday Builders, was present and gave a brief presentation on this issue at 302 Periwinkle, which is a corner lot. He noted that because the owners chose to place the home on this lot on an angle, rearrangement of well and septic is necessary. He gave information on the placement of the well, as requested by the Health Dept., and the effect it would have on an adjoining, undeveloped lot to the south, Lot 23. Mr. Massarelli proceeded to explain placement of well and septic on a residential lot. He then gave staff presentation and recommended approval. MOTION by Beckwith/Gore I make a motion that the variance be granted (and) include the iinning. of the staff report. Roll call: ChInn. Devito Mr. Gore - yes - yes VC Crockett Mr. Beckwith -yes -yes The vote was 4 - O. Motion carried. The meeting was adjourned at 8:07 pm. (215198 AB) .. 3