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HomeMy WebLinkAbout09132006BOAcm~ ~; HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT COUNCIL CHAMBERS 1225 MAIN STREET SEBASTIAN, FL 32958 WEDNESDAY, SEPTEMBER 13, 2006 - 6:00 PM MINUTES Mayor Burkeen 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 Brian Burkeen Council Member Andrea Coy Council Member Nathan McCollum Council Member Sal Neglia Council Member AI Paternoster Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King MIS Systems Analyst, Barbara Brooke 4. ANNOUNCEMENTS: None 5. APPROVAL OF MINUTES: August 9, 2006 On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, the August 9, 2006 minutes were approved on a voice vote of 5-0. 6. OLD BUSINESS: A. Quasi-Judicial Hearing (Re-Hearing) STEVEN LULICH: IN REGARDS TO LOTS 3, 4, AND 5 BLOCK 2, REPEAT OF SCHOOL PARK SUBDIVISION, LOCATED AT 1069 MAIN STREET, IS REQUESTING A VARIANCE TO ALLOW A STRUCTURE TO BE AGAINST THE FRONT PROPERTY LINE (O FOOT SETBACK) WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE SIX (6) FEET SETBACK FROM THE FRONT PROPERTY LINE. Board of Adjustment Meeting September 13, 2006 Page Two City Attorney explained procedure and the City Clerk swore in all those who intended to offer testimony. Steven Lulich said his balcony showed on the elevation and floor plan but not on the site plan, noting in some jurisdictions do not require the showing overhangs. He submitted exhibits 1, 2, 3 and 4. Exhibit 1 is a copy of the building permit issued by the City of Sebastian, Exhibit 2 is a second copy of the same, Exhibit 3 is written comments by the Building Department with "Approved" noted in the status area of the Growth Management Dept. and Bldg. Dept. on the form. Exhibit 4 is a memo by Mr. Lulich describing case law relevant to his situation. He said he acted in good faith, incurred extra expense and requested that the stop work order be lifted. The Growth Management Director pointed out Mr. Lulich received a stop work order only for the balcony structure not the whole project. The Growth Management Manager, briefly described the record that was submitted by Mr. Lulich and went over option that the Board could consider. Mr. Neglia said because the balcony indication was not clear, he bought this back. He said because Mr. Lulich has put the utility wires underground, is willing to put in a sidewalk and has made good faith effort, he could support the variance. Ms. Coy said he has tried his best but was concerned that trucks could clip the structure and would support a sidewalk would make the delineation more clear. Mr. McCollum asked if the highlighted, 12/22/05 document went to Planning & Zoning and the Growth Management Manager explained it was a set of plans drawn up after it goes to Planning & Zoning to indicate review for the Building Dept. Mr. McCollum said he would concede and go along with the requirement of a sidewalk. In response to the Mayor, the Growth Management Manager said a site plan should show a balcony because every encroachment should be shown. Mr. Paternoster asked if a curb would suffice over and above a sidewalk and the City Attorney said a curb would be more expensive. Attorney Lulich said a sidewalk is approximately $3,000 and a curb with drainage is approximately $12,000. The City Manager said the sidewalk has to be five feet from the edge of the road. Attorney Lulich said the City's sidewalk on Cross Street has no curb and is right alongside the street. He said he was planning to put a hedge there but if the City would rather have a sidewalk that's what he would do. Board of Adjustment Meeting September 13, 2006 Page Three In response to Mayor Burkeen, the City Attorney said there is no requirement for a variance for the location of the sidewalk. Mayor Burkeen favored a pervious surface. The Growth Management Director said it would have to be a continuous hedge from Main Street to the back of the property, and it could be a three foot or taper to a four foot hedge. Attorney Lulich said he would put in a hedge along the length of the building. On a MOTION by Mr. McCollum with a SECOND by Ms. Coy the variance requiring at least a four foot high hedge along the building was approved with a roll call 5-0. 7. NEW BUSINESS -None 8. CHAIRMAN'S MATTERS: None. 9. MEMBERS' MATTERS: None. 10. STAFF MATTERS: None. 11. Being no further business, Mayor Burkeen adjourned the meeting at 6:35 p.m. Approved at the ~~~ Z~~, Z~~ Board of Adjustment meeting. .--- A S~: rian Burkeen, Mayor Sa y A. Mai , MMC, City Clerk BOARD OF ADJUSTMENT CITY OF SEBASTIAN, FLORIDA IN RE VARIANCE APPLICATION OF: Steven Lulich, for property at Lots 3, 4, and 5, Block 2, Replat of School Park Subdivision, And located at 1069 Main 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 September 13, 2006, 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. Construction of second story deck encroaches into the Commercial General required front yard setback on the subject parcel. A sidewalk and/or hedge would be suitable for the City's Commercial General Zone. 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 second story deck constructed on the Cross Street side of the building at property as described in the attached Schedule "A", subject to the condition that a hedge at least four-feet high be installed along the building length. DONE AND ORDERED in Sebastian, Indi aver County, Florida, this 13th day of September, 2006; rendered nunc pro tunc this day of March, 2008. CITY OF SEBASTIAN, FLORIDA .~ .-"~ Mayor Andrea C s Chairman BOARD OF ADJUSTMENT ATTEST: L~~'-~' ---~--- Sally A. Maio, C, City Clerk as CLERK TO HE BOARD OF ADJUSTMENT Schedule "A" Parcel is Lots 3, 4, and 5, Block 2, Replat of School Park Subdivision, Located at 1069 Main Street; Said lands lying and being in Indian River County, Florida, as detailed in survey by William B. Zentz, #5276, dated 2/22/05 and last revised 9/21 /06.