HomeMy WebLinkAbout01-09-2008 BOA Minutes~m~
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HOME OF PELICAN ISLAND
BOARD OF ADJUSTMENT (CITY COUNCIL)
WEDNESDAY, JANUARY 9, 2008 - 6:00 PM
1225 MAIN ST, SEBASTIAN
MINUTES
Chairperson Neglia called the meeting to order at 6:00 p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL
Board Members Present:
Vice-Mayor Sal Neglia
Council Member AI Paternoster
Council Member Dale Simchick
Council Member Eugene Wolff
Board Members Absent:
Mayor Andrea Coy (excused)
Staff Present:
City Manager, AI Minner
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Building Director, Wayne Eseltine
Growth Management Director, Rebecca Grohall
Growth Management Manager, Jan King
MIS Systems Analyst, Barbara Brooke
4. ANNOUNCEMENTS -None
5. APPROVAL OF MINUTES: Regular Meeting 9-26-07
MOTION by Mr. Paternoster and SECOND by Ms. Simchick, the September 26~",
2007 minutes were approved by a voice vote 5-0 carried.
6. OLD BUSINESS -None
7. NEW BUSINESS
A. QUASI-JUDICIAL PUBLIC HEARING:
WILLIAM AND MARY INGUI, IN REGARDS TO LOT 5, BLOCK 104,
SEBASTIAN HIGHLANDS UNIT 2, LOCATED AT 626 LAYPORT
DRIVE, IS REQUESTING A VARIANCE TO ALLOW AN
ACCESSORY STRUCTURE (POOL ENCLOSURE) TO BE FIVE (5)
FEET FROM THE REAR PROPERTY LINE, WHEREAS THE CODE
REQUIRES SUCH STRUCTURE TO BE TEN (10) FEET FROM THE
REAR PROPERTY LINE.
Board of Adjustment Meeting
January 9, 2008
Page Two
Vice Mayor Neglia opened the public hearing at 6 p.m. There was no ex-parte
communications disclosed.
The City Attorney gave a brief history of the development of this issue.
Public Input In favor of the Request
Mr. Bill Ingui stated it was his property and he was in favor of staffs
recommendation.
Public Opposed to the Request
None.
Council
Mr. Paternoster asked if at some later time, the City decides to do something with
the easement, would we encroach on Mr. Ingui's pool.
The City Attorney said it was a drainage easement, and we could ask for the
screen to be shifted back but he did not see any reason the City would need the
easement.
Mr. Paternoster asked if there could be a clause that as long as Mr. Ingui owns
the home, the City would not take the property back.
The City Attorney stated the authorization letter could specify that in event the
City needs to utilize the easement and the enclosure needs to be moved or
removed, the City would compensate for the removal.
Ms. Simchick clarified it will continue with the ownership of the home, and that
future owners would not have to remove the screen.
The City Attorney confirmed the variance would run with structure not the owner.
Mr. Wolff asked if City Council denied the original variance.
The City Attorney explained it went before a separate Board of Adjustment and
the Planning Director did not see a hardship at that time and recommended
selling the easement property to the Inguis.
Mr. Wolff clarified if the structure needs to be replaced in a future windstorm,
would the variance be good for replacing another structure
The City Attorney said approval could be tied to the structure as long as it was
used for a swimming pool.
Mr. Wolff asked what would be the responsibilities of new owners.
Board of Adjustment Meeting
January 9, 2008
Page Three
The City Attorney explained the new owners would inherit the rights and
responsibilities of the Inguis.
Mr. Neglia stated he did not see any benefit in possible needing the easement in
the future.
The City Attorney confirmed there is still 18 feet from the property line to seawall.
Mr. Paternoster asked if Mr. Ingui was responsible for the taxes on the piece the
City sold to Mr. Ingui.
The City Attorney said the Property Appraiser has a base amount for typical
residential lot and nothing would be added for a three foot strip.
Mr. Paternoster said, "I realize that there is paperwork and man hours involved,
it's just that usually when things are done inadvertently wrong, we as the City
should accept some of the responsibility and the fee was $300.00, Mr. Vice
Mayor I would like to make a MOTION that we at least cut that by 50%."
Mary Ingui cited the costs involved:
1998:
recording the deed $ 15.40
purchase of the land $ 617.39
screen variance $ 200.00
vacation of easement for 3 feet $ 100.00
2006:
variance fee $ 350.00
The City Attorney noted the Inguis did receive the benefit of the variance by
building their pool and reported the total out of pocket cost has been $1,082.79.
Mr. Wolff SECONDED the motion. By this action it was understood the Board
was approving the variance to allow an accessory structure (pool enclosure) to be
five feet from the rear property line.
Roll call result was as follows: Neglia, Simchick; Wolff, Paternoster
Ayes: 4
Nays: 0
Passed 4-0.
8. CHAIRMAN'S MATTERS -none.
9. MEMBERS' MATTERS -none.
10. STAFF MATTERS -none.
11. Being no further business, Mayor Coy adjourned the meeting at 6:21 p.m.
Approved at the ~3 Board of Adjustment meeting.
ATTE
Andrea Coy, Mayor Sally A. Maiq MMC -City Clertc