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HomeMy WebLinkAbout05-13-2009 BOA Minutescm ~ ~~~ HOME OF PELICAN ISLAND MINUTES BOARD OF ADJUSTMENT REGULAR MEETING WEDNESDAY, MAY 13, 2009, 6:00 P.M. The Chairman 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 Dale Simchick Council Member Eugene Wolff City Council Absent Council Member Andrea Coy (Excused) Staff Present: City Manager, AI Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Zoning Tech, Dorri Bosworth 4. ANNOUNCEMENTS -none. 5. APPROVAL OF MINUTES: MOTION by Ms. Simchick and SECOND by Mr. Hill to approve the minutes of the March 11, 2009 meeting passed with a voice vote of 4-0. (Coy absent) 6. OLD BUSINESS -none. 7. NEW BUSINESS: A. QUASI-JUDICIAL PUBLIC HEARING: GLADYS AND INEZ ACCORNERO, IN REGARDS TO LOT 1, BLOCK 409, SEBASTIAN HIGHLANDS UNIT 9 LOCATED AT 302 MANLY AVENUE, ARE REQUESTING A VARIANCE TO ALLOW A RESIDENTIAL STRUCTURE TO BE 7.9 FEET FROM THE REAR PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE TWENTY FEET FROM THE REAR PROPERTY LINE. Board of Adjustment May 13, 2009 Page Two The Mayor opened the hearing at 6:02 p.m. and asked members if there was ex-parte communication to disclose. There was none. The City Attorney read the applicant's request and the City Clerk swore in all who were to give testimony. Ronnie Pruess, Realtor, representing the applicants, stated there was a contract for sale on the property but the title was not clear because of the encroachment. The Growth Management Director said the structure, built in 1961, along with a shed were encroaching into the easement and setback; and the correct way to cure the encroachment is to grant the variance and have the applicant pull a permit to remove the shed. In response to Mr. Wolff, the Growth Management Director said the shed was to be relocated to a different location. The Growth Management Director said although she was not a title insurance specialist, she thought if the homeowner received the variance, had the easement abandoned, and relocated the shed she thought the title company would issue the insurance. Mr. Hill asked if this was the first sale of the property or if it had been sold previously with this encroachment. The Growth Management Director said the property was sold before but title companies are trying to do more due diligence with the real estate market slow down. Ms. Pruess noted that title insurance was previously issued with the stipulation that if there is future difficulty, there really isn't clear title. Mr. Hill asked if a future structure could be built into the setback if the variance was granted. The Zoning Technician said the variance would only apply to the existing house. The City Attorney pointed out the house footprint is on an angle and one corner is protruding into the setback and that is what the variance is for and any other modification to the house will have to be legally permitted. Ms. Simchick asked if the variance would still go into effect if the applicant did not remove the shed. The Zoning Technician said the shed is a removable structure that can be cited by Code Enforcement if it is not moved and this enforcement can carry onto the new home owner. The City Attorney said the new owner is required to be notified. Mr. Wolff asked the City Attorney if the lot enlargement will affect the tax assessment roll. The City Attorney did not know if the tax assessor would be concerned given the lack of interest until now. The City Attorney noted the authorization given to Ms. Pruess to act on behalf of the applicants is opposite to the intent of the written variance request and he would accept it as written. Damien Gilliams read the eight criteria that provide for a variance in the code. He said he hoped the Board would approve the variance. 2 Board of Adjustment May 13, 2009 Page Three MOTION by Mr. Hill and SECOND by Mr. Wolff to approve an existing residential structure to be 7.9 feet from the rear property line, whereas the code requires such structure to be twenty feet from the rear property line. 8. CHAIRMAN'S MATTERS -none. 9. MEMBERS' MATTERS -none. 10. STAFF MATTERS -none. 11. Being no further business, Chairman Gillmor adjourned the Board of Adjustment meeting at 6:17 p.m. Approved at the July 22, 2009 BoardofAdjustmentmeeting. "~, Ric and H. Gillmor, Chairman ATTEST: Sally A. Maio, C -City Clerk 3 BOARD OF ADJUSTMENT City of Sebastian, Florida Application for Variance: Gladys and Ines Accornero Case No.• 09-VAR2 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 May 13, 2009, and based upon the testimony and all of the evidence presented, the Board of Adjustment enters the following: FINDINGS OF FACT 1. Gladys and Ines Accorneo, owners of the real property described as Lot 1, Block 409, Sebastian Highlands Unit 9, with the address of 302 Manly Avenue, requested a variance to allow a residential structure to be 7.9 feet from the rear property line. 2. The Land Development Code of the City of Sebastian requires such structures to be twenty (20) feet from the rear property line. Section 54-2-5.2.3(d)(5). 3. The subject property is improved with a single family home originally constructed in its present location on the lot in 1961. The subject property is a corner lot and the home was constructed on an angle. A corner of the home intrudes to within 7.9 feet of the rear property line. 4. Public notice of this hearing was published on April 28, 2009, in the Press Journal, a newspaper of general circulation in the City of Sebastian. Notice of this hearing was also mailed to all property owners within three hundred (300) feet of the subject property, as shown in the records of the Property Appraiser of Indian River County, in accordance with the requirements of the Land Development Code. 5. The Growth Management Department of the City of Sebastian identified the criteria for determining variances, Section 54-1-2.5, Land Development Code. The Department found that each criterion was satisfied in the present application and recommended that the Board of Adjustment grant the requested variance. 6. A representative of the owners testified in favor of the variance. 7. No one appeared to testify in opposition. CONCLUSIONS OF LAW Based upon a careful consideration of the evidence presented, and the applicable provisions of the Land Development Code of the City of Sebastian, the Board of Adjustment hereby determines that the requirements for granting a variance to the rear property setback in this instance have been satisfied. Specifically, these requirements are: 1. The existence of special conditions or circumstances; 2. the conditions were not created by the applicant; 3. special privileges are not being conferred; 4. hardship conditions exist; 5. only the minimum variance is being granted; 6. there is no injury to the public welfare or to the intent of the ordinance; and 7. this is not a use variance. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, a motion to approve the requested variance was made by Board Member x i ~ 1 ,and seconded by Board Member Wolff ,and adopted by the Board by a vote of 4 in favor and 0 against. Therefore, the requested variance was GRANTED. DONE AND ORDERED in Sebastian, Indian River County, Florida, this 13th day of May, 2009. CITY OF SEBASTIAN HAIRMAN ATTEST: (~J~,E.Q,~o-~, TO THE BOARD OF ADJUSTMENT