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HomeMy WebLinkAbout01262005BOA Minutes~~ HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FL 32958 WEDNESDAY, January 26, 2005 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 Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Raymond Coniglio Councilmember Lisanne Monier Staff Present: City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Manager Jan King 4. ANNOUNCEMENTS: None. 5. APPROVAL OF MINUTES: 10/27/04 On MOTION by Mr. Coniglio and SECOND by Mr. Barczyk the minutes were approved by a voice vote. 6. OLD BUSINESS: None 7. NEW BUSINESS A. PUBLIC HEARING: RICHARD RABER, IN REGARDS TO LOT 29, BLOCK 2, ORANGE HEIGHTS UNIT N0. 1 (328 PINEAPPLE STREET), IS REQUESTING A VARIANCE TO ALLOW A NEW MOBILE HOME TO BE LOCATED 18.2 FEET FROM THE FRONT PROPERTY LINE, WHEREAS, THE CODE REQUIRES A 20 FOOT FRONT SETBACK. MR. RABER IS ALSO REQUESTING A VARIENCE TO ALLOW THE NEW MOBILE HOME TO HAVE 788 SQUARE FEET OF LIVING AREA, WHEREAS THE CODE REQUIRES A MINIMUM OF 900 SQUARE FEET OF LNING AREA. The Deputy City Clerk swore in the Growth Management Manager, applicant and members of the audience. Board of Adjustment Meeting January 26, 2005 Page Two The Growth Management Manager stated these requests are a result of the hurricane. The former home was 552 sq. feet, the new home is 788 sq. feet and City code provides for replacement footage of 900 sq. feet. Also because of the rear septic location, the new home cannot be placed further back on the lot so the home must encroach 1.8 feet into the minimum required front setback. The variances improve the situation and staff recommends approval. R. Marcus Raber explained that the home was the smallest he could find to replace the destroyed structure. Orange Heights residents, Andrea Coy and Allen Morse, spoke in favor of the requests. The Mayor stated this is due to the existence of special circumstances and the $350.00 application fee should be reimbursed to Mr. Raber. On a MOTION by Mr. Coniglio and a SECOND by Mr. Barczyk the two variances were approved along with reimbursement of the application fee with a roll call vote of 4-0. 8. CHAIRMAN'S MATTERS: None. 9. MEMBERS' MATTERS: None. 10. STAFF MATTERS: None. 11. The Mayor adjourned the Board of Adjustment meeting at 7:45 p.m. Approved at t e $ - 3 - 0 5 Board of Adjustment meeting. 'Nathan B. McCollum, Mayor A E r~ I Sally A. Maio MMC, City Clerk BOARD OF ADJUSTMENT CITY OF SEBASTIAN, FLORIDA IN RE VARIANCE APPLICATION OF: Richard Raber, for property at Lot 29, Block 2, Orange Heights Unit 1, Commonly called 328 Pineapple 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 January 26, 2005, 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 replacement mobile home structure at the required 20-foot front yard setback would be difficult due to the current helath codes and location of existing septic system. The replacement home is larger than the previous home, which was damaged in the hurricane; however, smaller than the required 900 square feet. 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 front setback of 18.2 feet and for the minimum living area of 788 square feet, as described in the attached Schedule "A". DONE AND ORDERED in Sebastian, Indian River County, Florida, this 26th day of January, 2005; rendered nunc pro tunc this~day of February, 2008. CITY OF SEBASTIAN, FLORIDA mayor Andrea Coy, as C BOARD OF ADJUSTME A ~'~r- Sally A. Ma~ , MMC, City Clerk as CLERK THE BOARD OF ADJUSTMENT Schedule "A" Parcel located at Lot 29, Block 2, Orange Heights Unit 1, 328 Pineapple Street; Said lands lying and being in Indian River County, Florida.