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HomeMy WebLinkAbout02222006BOA HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FL 32958 WEDNESDAY, FEBRUARY 22,2006,6:00 PM MINUTES 1. Mayor McCollum called the Board of Adjustment meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Nathan B. McCollum Vice-Mayor Brian Burkeen Councilmember Andrea Coy Councilmember Lisanne Monier Councilmember Sal Neglia Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Manager, Jan King Systems Analyst, AN Technician, Melanie Astle 4. ANNOUNCEMENTS: None 5. APPROVAL OF MINUTES: 1/25/06 On MOTION by Ms. Coy and SECOND by Mr. Burkeen the January 25, 2006 minutes were approved on a voice vote of 5-0. Board of Adjustment Meeting January 25, 2006 Page Two 6. OLD BUSINESS: None. 7. NEW BUSINESS A. QUASI-JUDICIAL PUBLIC HEARING: KB HOME TREASURE COAST. LLC, IN REGARDS TO SEBASTIAN RIVER LANDING PHASE TWO LOCATED EAST OF CR 510 AND SOUTH OF SEBASTIAN RIVER LANDING (PHASE ONE), IS REQUESTING A VARIANCE TO ALLOW BUILDINGS TO BE 30 FEET IN HEIGHT, WHEREAS THE CODE WOULD LIMIT THE BUILDINGS TO 25 FEET IN HEIGHT. The Mayor opened the public hearing and each member except Mr. Burkeen disclosed ex-parte communication with representatives of KB Homes. The City Clerk swore in all those who intended to offer testimony. Patricia Gorter, KB Homes addressed City Council requested a variance of 28' 8" maximum height as developers of Phase II. The phase II model home located in phase I exceeds 25' in height however, 35' is allowed in phase I. She stated that during the phase II permitting process city staff measured the home from the ridge line to average finished grade within 10 foot of the structure and found the plan exceeded the phase II height allowed by code. She explained the property located to the east is zoned RS 10 and has been purchased by the Marine Resources Council (MRC) which plans to make the lots conservation area. Ms. Gorter stated KB Homes did not think this will be injurious or detrimental to public welfare; and because of the multiple phasing and zoning districts of the surrounding area this should not be a problem. The Growth Management Manager gave a brief history on Sebastian River Landings, explained height limitations set out in the Code for PUDs and abutting residential districts. She stated that the request is to allow KB Home, which owns all of Sebastian River Landings Phase II to construct homes exceeding 25 feet in height, and the height of their tallest model is to be 28' 8"; and per code, only the minimum variance necessary may be granted. She stated that staff has concerns about this variance, citing that per code, the height is determined by the adjacent residential district to provide a similarity between traditional zoning and PUD-R zoning. She said the height limitation was thoroughly discussed with the original owners and the justification noted in the Department's records; and that change of ownership should not require the need to grant variances. 2 Board of Adjustment Meeting January 25, 2006 Page Three She cited letters received today, which the City Clerk handed out to Council, in favor of the variances, but noted the letter writers were not directly adjacent to these subject properties. Ms. Monier expressed dismay at the monotony that has resulted in Sebastian River Landings after being assured by the developers that there would not be monotonous construction; and said not being aware of the City's codes is not a good excuse to exceed height limitations. She questioned the photos provided which show landscaping where the driveways should be and was not impressed with what was being presented. Bill Orazi, KB Homes, said there are over a dozen model plans for this community, stating KB Homes came into the community with the desire to meet the City's codes, emulating the riverfront theme and said he felt comfortable that the City will be happy with the product seen in the models located in phase I. Ms. King responded to questions from Council. Mayor McCollum asked if the City received a zoning change request from the MRC to which the Growth Management Manager stated they have not. Mr. Orazi stated KB Homes did not realize the height would be dictated by surrounding development. In response to Mr. Burkeen, Jonathan Ferguson, attorney, representing KB Homes, said the developer knew of the adjacent zoning but did not fully understand the impact the abutting RS-10 zoning. The Growth Management Manager described the three traditional single family zoning districts: RS-10 has a minimum lot size of 9,500 SF with a height limitation of 25 feet; RS-20 has a minimum lot size of 20,000 SF with a height limitation of 35 feet; RE-40 has a minimum lot size of 40,000 SF with a height limitation of 35 feet. She stated that staff felt the current height limitation fits the small lots. Ms. Coy said she is not impressed with the memo for the record indicating the height restriction was discussed with the first owner because it does not document with whom and time it was discussed, however, she felt that it did not negate the fact that the rules are in place. She asked how many different models KB Homes has; and how many models exceed the height limitation. Amber Taylor, Regional Sales Manager of KB Homes, was sworn in. She said there are currently five plans in the two story, 55' lot series and seven plans in the one story, 75' lot series. Ms. Coy asked if this was an issue because some homes are currently under contract and Ms. Taylor indicated it was. Ms. Coy asked how many homes are under contract on the border of RS10. Ms. Taylor estimated ten homes. 3 Board of Adjustment Meeting January 25, 2006 Page Four Ms. Coy stated she has a problem with more houses placed in a PUD on smaller lots abutting another neighborhood that has larger lots. Ms. Coy said she cannot find any applicable reason that would fit the variance criteria that allowing her to approve it. Side II, Tape /, 6:56 pm Mr. Neglia asked if Ft. McCauley, the first owner, ever advised KB Homes of the height, and Patricia Gorter said they were not informed. Ms. King said when phase II building plans were being reviewed the height was discovered and kicked back to Growth Management for comment. I n favor of req uest: John Oakes, after being sworn, said KB Homes makes a quality community and this variance would not be noticed because it affects only a few houses. Damien Gilliams, after being sworn, said this request should be an exception. In opposition of request: none. Jonathan Ferguson said when the project was approved, the adjacent property was not annexed and the zoning for that property did not apply, and said the City's code is left to interpretation and application. He said the applicant has met criteria for the variance: not injurious to the public and the uniqueness of the situation. Mr. Ferguson suggested that if Council is not comfortable with granting the variance for the entire property, then they could impose conditions just for the eleven lots that abut residential. Staff Input Ms. King said the argument that conditions have changed for the MRC lots should not be considered because the Spencer property was not annexed at the time and conditions have since changed there as well and those abutting homes should be protected as well. She reiterated that staff recommends denial of the request. She further explained that she was in attendance at the meetings with the developer who was made aware of the height limitations. Mr. Ferguson said he has been advised that the Spencer property is under contract to KB Homes and if approved, they would disclose the abutting height in sale materials to those property buyers. The City Attorney reiterated the nine criteria that Council should apply if they wish to grant the request, stating that if Council feels that the developer suffered a hardship that 12 homes have been sold, the minimum variance could be for 12 lots and not the whole subdivision. Ms. Coy pointed out that the applicant 4 Board of Adjustment Meeting January 25, 2006 Page Five created the hardship. The City Stringer pointed out the interpretation has been applied to the whole PUD district rather than the adjoining lots so it cannot be argued that interpretation has been incorrectly applied. Mayor McCollum asked if a rezoning request has been received for the MRC lots. The Growth Management Managed stated there has not been a request. He pointed out that KB Homes could sell the Spencer property and something entirely different could come up. He stated that Council pledged to control the growth, not change development rules and the land development code is available to the public. He could not support the variance. Mr. Burkeen had no further comments Ms. Coy pointed out some conservation land in Fellsmere was just sold and could possibly be developed. She could not apply any of the criteria to the request. Mr. Neglia had nothing more to add. Ms. Monier stated that design was not created for Sebastian and she did not want to see status quo houses built on the Spencer property. On MOTION by Mr. Burkeen and SECOND by Ms. Coy, the request from KB Homes was denied on a roll call vote of 5-0. 8. CHAIRMAN'S MATTERS: none. 9. MEMBERS' MATTERS: none. 10. STAFF MATTERS: none. 11. Mayor McCollum adjourned the Board of Adjustment meeting at 7:20 p.m. Approved at the May 10, 2006 Board of Adjustment meeting. 5