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HomeMy WebLinkAbout05222002BOA MinutesCITY OF SEBASTIAN BOARD OF ADJUSTMENT MINUTES OF REGULAR MEETING MAY 22, 2002 Mayor Barnes called the meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. ROLL CALL: PRESENT: Mayor Walter Barnes Vice-Mayor Jim Hill Ray Coniglio Ed Majcher EXCUSED ABSENCE: Joe Barczyk ALSO PRESENT: Tracy Hass, Growth Management Director Rich Stringer, City Attorney Jeanette Williams, Deputy City Clerk ANNOUNCEMENTS: None APPROVAL OF MINUTES: None OLD BUSINESS: None NEW BUSINESS: A. TOM COLLINS, in regards to property located at 1606 Indian River Drive, Captain Hiram's Sandbar, is requesting permission to attach a retractable awning to five protected trees, whereas the code prohibits such attachment to protected trees. The Growth Management Director explained that cleat attachments to the palm trees will harm the health but not kill the trees and an alternative would be to attach supports in the ground. He also stated the Planning and Zoning Commission did grant approval of the canopy but this variance must be granted. Mr. Collins stated the royal palms and awning have always been part of the design to allow air circulation between structures. The retractable awning is needed to protect customers from occasional rain showers. He also stated that the cables could be attached to the palm trees without the cleats by wrapping around the trunk with clear protective hosing/coating over the cable. Discussion followed regarding compliance with the riverfront overlay and size of cable and roller furling. MOTION by Hill/Coniglio "I move to approve the varience with the cleats not put on the trees." ROLL CALL: Mr. Hill aye Mr. Coniglio aye Mr. Majcher aye Mayor Barnes aye Mr. Barczyk absent Motion Carried: 4-0 CHAIRMAN'S MATTERS: None MEMBERS' MATTERS: None STAFF MATTERS: None The meeting was adjourned at 6:24 p.m. Approved at the o p t. 9, 2 0 0 2 Board of Adjustment meeting. Walter W. Barnes Mayor Sally A. M io, CMC City Clerk • BOARD OF ADJUSTMENT CITY OF SEBASTIAN, FLORIDA Sebastian Inlet Marina & Trading Co. -Tom Collins Case No.: 02-006 Appellant, vs. CITY OF SEBASTIAN, FLORIDA, FINDINGS OF FACT. CONCLUSIONS OF LAW, AND ORDER THIS CAUSE came on for public hearing before the BOARD OF ADJUSTMENT of the CITY OF SEBASTIAN, on Mav 22"d, 2002 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 published on Mav 7th , 2002 , 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. • MOTION: ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, a motion to approve the variance was made by Board Member Hi 11 and seconded by Board Member Coniglio ,and adopted by the Board by a vote of ~ in favor, and ~ against. DONE AND ORDERED in Sebastian, Indian River County, Florida, this 22nd day of MaY , 2002 CITY OF SEBASTIAN, FLORIDA CHAIRMAN BOARD OF ADJUSTMENT • ATTEST: ~u.~tc W . ERK TO THE BOARD OF ADJUSTMENT (ordAppl.doc)