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HomeMy WebLinkAbout12-10-2008 BOA Minutes~m~ SE~-s tAN ,I~Ir~' HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT MINUTES WEDNESDAY, DECEMBER 10, 2008 - 6:00 P.M. 1225 Main Street, Sebastian, FL The Mayor called the meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Richard H. Gillmor Vice-Mayor Jim Hill Council Member Andrea Coy Council Member Dale Simchick Council Member Eugene Wolff Staff Present: City Manager, AI Minner Interim City Attorney Robert A. Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Police Chief, Jim Davis Deputy Police Chief, Michelle Morris MIS Systems Analyst, Rob Messersmith MIS Senior Systems Analyst, Barbara Brooke-Reese 4. ANNOUNCEMENTS -none. 5. APPROVAL OF MINUTES: 8/13/08 meeting MOTION by Ms. Simchick and SECOND by Ms. Coy to approve the August 13, 2008 minutes passed with a voice vote of 5-0. 6. OLD BUSINESS -none. 7. NEW BUSINESS: A. QUASI-JUDICIAL HEARING: SAM AND GAYE MORRISON, IN REGARDS TO 1040 LOUISIANA AVENUE, IS REQUESTING A VARIANCE TO ALLOW AN ACCESSORY STRUCTURE (GARAGE) TO BE 1.4 FEET FROM THE REAR PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE TEN (10) FEET FROM THE REAR PROPERTY LINE. ALSO, THE SIZE OF THE GARAGE EXCEEDS THE ALLOWABLE 5% BY 189 SQUARE FEET. Board of Adjustment Meeting December 10, 2008 Page Two There was no ex parte communications to disclose by Council. The Mayor read the case title. The City Clerk swore in all who would offer testimony. Mr. Morrison, applicant, respectfully requested approval and explained how he determined his setback. The Growth Management Manager explained there was a permit issued for a canvas carport which was destroyed by hurricanes and replaced by a metal shed at a different location. She said Mr. Morrison was advised that he would have to obtain a new after-the-fact permit. She continued to explain that during the permit process, the applicant asked if there should be a setback from the railroad to which the City Attorney advised it would be the same as a roadway and in order to rectify the situation Mr. Morrison would need a variance from two sections of the code. She described his unique circumstances which include the land is zoned industrial which affects the residential setback, and it does abut a railroad which will not impact any neighbors. Damien Gilliams, 1623 US Highway 1, said he owned property on Louisiana Avenue and did not have a problem with Mr. Morrison's request. There were no speakers against the request The Growth Management Manager said staff recommendation is to approve the variance with the rear setback reduced to 1.4 feet, and the total size of the garage to be 594 square feet. Mr. Hill asked what the difference was between this request and the August Board of Adjustment request that was denied. The City Manager explained this request is a true hardship being a residence in an industrial zone, against the railroad and existing for some time which was not the same circumstances for the August request. Mr. Hill asked the City Manager if in his opinion, the Board could approve this request and maintain a level of consistency. The City Manager said he felt they could. Ms. Coy said she was prepared to support the request. 2 Board of Adjustment Meeting December 10, 2008 Page Three MOTION by Ms. Coy and SECOND by Mr. Hill to approve the request in regards to 1040 Louisiana Avenue a request to allow a variance of an accessory structure (garage) to be 1.4 feel from the rear property line, whereas the code requires such structure to be ten feet from the rear property line, also the size of the garage exceeds the allowable 5% by 189 square feet. VOICE VOTE on the motion carried 5-0. 8. CHAIRMAN'S MATTERS -none. 9. MEMBERS' MATTERS -none. 10. STAFF MATTERS -none. 11. Being no further business, the Mayor adjourned the Board of Adjustment meeting at 6:17 p.m. Approved at the ~~ Zoe Board ofAdjustment meeting. R-chard H. Gillmor, Mayor ATT T.' ~~C ~ / rl Sally A. Maio MMC -City Clerk 3 BOARD OF ADJUSTMENT CITY OF SEBASTIAN, FLORIDA IN RE VARIANCE APPLICATION OF: Sam and Gaye Morrison, in regards to 1040 Louisiana Avenue, requesting (1) a variance to allow an accessory structure (garage) to be 1.4 feet from the rear property line (10 feet) required, and (2) the size of the garage exceed the allowable 5% by 189 square feet. 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 December 10, 2008, 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. The property backs up to the right of way of the Florida East Coast Railway. 4. The subject property is zoned for industrial use but is used by the applicants as their residence. 5. Municipal structures utilized by the City of Sebastian exist on abutting property and are located next to the FEC right of way in a manner consistent with this request. 6. The Director of Growth Management for the City of Sebastian and the City Manager both recommended approval of the subject application based upon a "true hardship". THEREFORE, based on a careful consideration of the evidence presented in this matter, the BOARD OF ADJUSTMNENT 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 ordnances, 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 land described in the attached Schedule "A" to (1) allow an accessory structure (garage) to be 1.4 feet from the rear property line (10 feet required), and (2) allow the size of the garage to exceed the 5% allowable by 189 square feet. DONE AND ORDERED in Sebastian, Florida, this 10th day of December, 2008. CITY OF SEBASTIAN, FLORIDA ATTEST: _._---- Sally A. Maio MC, City Clerk as CLERK TO THE BOARD OF ADJUSTMENT '~~ Richard H. Gillmor Chairman, Board of Adjustment A ~'ORTION OF LAN{7 LYING !N GOVERNMENT LOT 4~ GOVERNMENT LOT 5; AND THE. SOUTH Xz OF SECTION 6, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RI1~.'ER COUNTY, FLORIDA; LYING EAST OF LOUISIANA AVENUE AND WEST .OF THE FLORIOA EAST COAST RAILROAD., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE 50UTHEAST CORNER OF SAID GOVERNMENT LOT 4; THENCE 50UTN 89'59'33" EAST ALOtJG TtiE SOUTH. UNE OF SAID GOVERNMENT LOT 4, A DISTANCE C?F 7.70 FEET TO A AOINT ON THi~ WEST RIGHT. OF WAY LINE OF SAID RAILROAD; THENCE NORTH 21'31'02" WEST ALONG THE WEST RIGHT OF WAY LINE QF ~ SAID RAILROAD A DlSTANGE C}F 1fi.44_ FEET TO THE I'OtNT OF BEGINNING; THENCE S~t171-1.67'41'47" WEST, A. DISTANCE OF 95.64 .FEET TO A POINT 9N THE EAST RIGHT OF WAY UNE OF LOUISIANA AVENUE; THENCE NORTH 21'36'58" WEST ALONG THE EAST RIGHT OF WAY LINE OF LOUISIANA AVENUE A DISTANCE OF 85.08 FEfT TO. A POINT THENCE NORTH .68'48'25" EAST A DISTANCE OF 64:66 FEET; THENCE NORTH 21'18'26" WEST• A .DISTANCE OF 2.87 FEET• THENCE NORTH 68'41'34" EAST A DISTANCE OF 9.70 FEET; THENCE SOU1N 21'i8'2fi" EAST A DISTANCE OF 2,83 FEET; THENCE NORTH 68'48'26" EAST, A DISTANCE OF 21.38 FEET TO A POINT ON WEST RIGHT OF WAY LINE OF SAID RAILROAD; THENCE, SOUTH 2131'02" EAST ALONG THE WEST RIGHT OF WAY LINE OF SAID RAILROAD, A DI57'ANCE OF 83.25 FEET TO THE POINT OF BEGINtING: SAID. LAND LYING •AND BEING W INDIAN RIVER CQUNTY, I-LORIOA. CONTAINING 0.18 ACRES MORE OR LESS.