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HomeMy WebLinkAbout12021997BOA - CITY OF SEBASTIAN BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING DECEMBER 2, 1997 Chairman Oberbeck called the meeting to order at 7:01 P.M. The Pledge of Allegiance was said. ROLL CALL: PRESENT: Mr. Crockett ChInn. Oberbeck Mr. Capp Mr. Gore Mr. Beckwith(a) Mr. Freeland(a) EXCUSED ABSENCE: Mr. Devito APPROVAL OF MINUTES: (9/2/97 and 11/4/97) MOTION by Gore/Capp . I move to approve the meeting (minutes of 9/2/97). Discussion: Mr. Freeland noted the previous meeting at which Mr. Bailey wanted to have an eight (8') foot wall, and there were conditions placed on this approval that had to be done before constructing the wall. He asked for a status report. At this point, Mr. Gore, who is the attorney handling Mr. Bailey's case, spoke up and explained the status of the documents. He noted that Mr. Bailey has signed these documents, but the neighbors have contacted him and stated that they would be in to sign in about three weeks, and that they had other things to do. Mr. Freeland asked Mr. Gore if he had a conflict in this matter, and Mr. Gore responded that he did not. Mr. Massarelli noted that Mr. Bailey has received a notice of violation, and he will be brought before the Code Enforcement Board for adjudication. He built the wall without complying with the condition. Mr. Freeland noted that no pennit has been issued as yet. He also reported on a sign in Mr. Bailey's front yard. . There was discussion about this sign and how it is covered in the City's Sign Ordinance. A voice vote was taken. 5 - 0 motion carried. - BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF DECEMBER 2, 1997 MOTION by BeckwithlCapp I move that the November 4th minutes be accepted. A voice vote was taken. 5 - 0 motion carried. OLD BUSINESS: None Chairman Oberbeck commented on the confusion over the previous meeting held on November 4, 1997. He noted that all other Boards in the City require a majority for a quorum, but this Board of Adjustment requires four (4) members offive (5) to be present. This information was not considered until after the meeting, so the actions taken at the last meeting will be acted upon tonight to make them official. NEW BUSINESS: A) PUBLIC HEARING: . Ameron Homes, Inc., in regards to property located at 449 Azine Terrace, Lot 8, Block 489, Sebastian Highlands Unit 15, is requesting a variance to allow a septic system within the rear yard, whereas the Code reqnires the septic system to be placed in the front or side yard. Mr. Massarelli gave staff presentation and recommended approval. MOTION by Freeland/Capp I move to approve and include the staff report finriing<. Discussion: Mr. Freeland noted that the work has already been done, and asked if the Building Department left this go through. Mr. Massarelli responded that the applicant ~ been allowed to go forward at his own risk because the previous action was invalid, through no fault of the applicant. He noted that the Certificate of Occupancy will not be issued until this is taken care of. A voice vote was taken. 5 - 0 motion carried. B) PUBLIC HEARING: . William Ballough, MGB Construction, Inc., in regards to property located at 581 Biscayne Lane, Lot 9, Block 223, Sebastian Highlands Unit 8, is requesting a variance to allow placement of a well in the front yard, whereas the Code requires a well to be placed within either the portion of the side yard that is not forward of the front building line or within the rear yard. 2 , . BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF DECEMBER 2, 1997 Mr. Massarelli gave staff presentation and recommended approval. MOTION by Freeland/Gore I move to approve the variance and include the findings. A voice vote was taken. 5 - 0 motion carried. C) PUBLIC HEARING: Richard & Jodi Fey, in regards to property located at 806 Indian River Drive, Sebastian, FL, are requesting a variance to allow a covered structure over an existing deck (dock) to be built to the property line, whereas the Code would require a 15 foot setback from the rear and side property line. . Mr. Bruce Cooper of Bruce Cooper Consulting, 6565 Whispering Pines Lane, Grant, FL was present representing the applicant. He ioformed the Board that the applicant is withdrawing the portion of the application for the covered structure. He further noted that in his letter to the City, there were two (2) portions within the request for this variance, one was to clarify the definition of this "deck (dock)", and also a request for a covered structure over the "dock". Rather than the "covered structure" be indicated that the applicant wants to use a windbreak with a retractable awning, which is permissible within the City Code. He summarized by noting that all they are asking for tonight is that this "deck (dock)" be named a deck. He proceeded to give some history on this issue. Mr. Cooper then noted that the applicant wants to have easy-listening music on this "deck(dock)", and would comply with any regulations regarding noise. He referred to several Codes, noted the multiple sliding glass doors across the rear wall of the restaurant, and pointed out that the "deck(dock)" did not extend over the water. He noted that this issue would affect the east and south sides of the building, which is bordered by publicly owned property. There was much discussion about whether the structure is a deck or a dock, setbacks, and open space. At this point, Mr. Gore noted a cootlict on this issue aiui filed a Form 8B with the secretary. Mr. Cooper noted that previously, City Council had a problem with noise should entertainment be performed on this deck( dock). Mr. Capp noted that the Board members need to see a copy of the final survey on this property, which was not provided. . Chmn. Oberbeck asked if a boat could be tied up to this deck (dock), and Mr. Cooper responded "no", Mr. Massarelli gave staff presentation and noted that with the withdrawal of the request concerning 3 . . BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF DECEMBER 2, 1997 the structure, there is a question as to whether or not their new request can be considered. He also commented that Mr. Cooper had no problem with the staff report, which he has had for approximately a month. He also noted the public notice that was sent out, and pointed out that it did not mention anything about clarification of deck (dock). He also noted that the entertainment issue can be handled by a special use pennit from City Council. Mr. Cooper noted that his applicant wants the present structure to be considered a deck, not a dock, and not requiring a special use pennit. Mr. Massarelli noted that it is presently considered a dock by the City Council. He commented that there are very important technical reasons why it is a dock and not a deck, when considering the total site plan. There was much more discussion on this issue. . Mr. Masserelli gave staff presentation and noted the special use pennit issued for a residence on the second floor. He then gave the history of this project, and noted that the open space on this project is..,memely tight. He also gave a history of the development of the deck-dock and noted some of 1!'e problems involved in this designation. He added that because of the testimony tonight and the request to have music on this deck-dock, it appears to be a change of use. He also noted that this piece of property, which has always been thought to be General Marine Commercial, is actually Marine Commercial-Residential. This problem became obvious when new zoning maps were obtained. Staff recommends against the variance for the side and rear setback because of findings that were made, as noted in the staff report. He also reminded Board members how a change of designation from dock to deck would affect the calculations for open space. Chmn. Oberbeck requested that if this issue is dealt with in the future, he would like copies of the site plan be furnished to the Board members. He recommended that any action on this issue, at this time, be deferred until proper advertising is done, and have it come back before the Board. Mr. Capp agreed and requested a copy of the site plan and final survey. Mr. Crockett and Mr. Beckwith agreed with the above. MOTION by Oberbeck/Crockett I make a motion to defer this matter to such time as the paperwork has been submitted and the advertising has taken place. A voice vote was taken. 5 - 0 motion carried. D) PUBLIC HEARING: . Randy L. Mosby of Mosby & Associates, in regards to Lot 22, lying west of the Fleming Grant Line and east ofD.S. Highway No.1 as it presently exists, Plat ofWauregan on 4 . . BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING OF DECEMBER 2, 1997 Fleming Grant, and located on U.S. 1 in the City of Sebastian, is requesting a variance to allow a septic system within the rear yard, whereas the code requires the septic system to be placed in the front or side yard. The applicant also wishes to place one potable well and one irrigation well in the front yard, whereas the code requires the placement of a well within either the portion of the side yard that is not forward of the front building line or within the rear yard. (A break was taken from 8:20 to 8:27 P.M. All members present returned to continue the meeting. ) Mr. Randy Mosby of Mosby & Associates was present representing the applicant. He spoke of force mains, pumping stations and gravity sewers. Mr. Massarelli gave staff presentation and recommended approval with the condition that the variance expire in six (6) months if the septic tank has not been installed. MOTION by Gore/Capp I move that the application be approved with the condition that the septic tank be put in within six (6) months, and with the findings. (of staff report) . A voice vote was taken. 5 - 0 motion carried. STAFF MATTERS: Mr. Massarelli noted that the variance for Mr. Fey will come back before this Board in January. He informed the Board that there is an application for another variance for the office building just north of Wendy's. He explained the problems with the parking area. MEMBERS MATTERS: None Chmn. Oberbeck adjourned the meeting at 8:38 P.M. (12/8197 AB) . 5