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HomeMy WebLinkAbout07-29-2009 BOA Minutescm of SFD 1AN HOME OF PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 MINUTES BOARD OF ADJUSTMENT WEDNESDAY, JULY 29, 2009 5:30 P.M. 1. Mayor Gillmor called the Board of Adjustment Meeting to order at 5:30 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 Eugene Wolff Council Member Dale Simchick Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King 4. ANNOUNCEMENTS: None 5. APPROVAL OF MINUTES: Regular meeting 7 -22 -2009 MOTION by Mr. Hill and SECOND by Ms. Simchick to approve the July 22, 2009 minutes passed with a unanimous voice vote of 5 -0. 6. OLD BUSINESS: None 7. NEW BUSINESS: A. QUASI- JUDICIAL PUBLIC HEARING: SEBASTIAN CHARTER JUNIOR HIGH SCHOOL, IN REGARDS TO PROPERTY LOCATED AT 782 WAVE STREET, HAS REQUESTED A VARIANCE FROM A SCHOOL CONDITIONAL USE REQUIREMENT THAT ANY MAIN OR ACCESSORY BUILDING BE LOCATED AT LEAST 100 FEET FROM ANY PROPERTY LINE. PROPOSED SETBACKS ARE 10 FEET FROM THE NORTH (SIDE), 25 FEET FROM THE WEST (REAR) AND 50 FEET FROM THE SOUTH (SIDE) PROPERTY LINES. Board of Adjustment Meeting July 29, 2009 Page Two Mayor Gillmor opened the hearing at 5:31 p.m. and the City Attorney read the formal request by the Charter School. The following City Council Members disclosed ex -parte communication: Mr. Hill met with the applicant and visited the property Ms. Coy visited the property, had telephone conversation with Ms. Susan Boyd Ms. Simchick talked with Ms. Boyd Mr. Wolff met with the architect The City Attorney asked the Council Members if they could make a decision based on the record they were going to hear. All Members agreed that they could. The City Attorney asked the audience if anyone had a problem with the communications disclosed and there was no objection. The City Clerk swore in those who planned to give testimony. President John Rivera, Board of Directors, Sebastian Charter Junior High introduced himself, Principal Dr. McAdams of the school, other board members, and teachers. He said the school is an "A" school, ten years old, and they were seeking a variance on their setbacks to make improvements to the school. Amy Banov, Architect, Banov Architects, introduced Architect and General Contractor Robert Banov, and MVB Engineer Todd Howder. Ms. Banov described the current school's site, stated the code does not indicate why a 100 foot setback is needed, no other schools are subject to this requirement, and the parcel is too small to accommodate the requirement. She displayed aerials of the school and pointed out the setbacks (also found in the agenda packet). She said they based their request on public service zoning district setback requirements. She went over the details outlined in her attachment to the variance application and noted the adjacent north, west and east property owner has submitted a letter of support for the variance. Mayor Gillmor noted there weren't any exit notations from the building. Ms. Banov explained they haven't gotten to the building design yet but would adhere to all code requirements. The Growth Management Director noted for the record they did receive a letter and an e-mail from Mr. Mrs. Gibbs objecting to the project and a letter of support from Dr. Fischer. Mayor Gillmor described that he attended a school concurrency meeting for elected officials earlier in the day and for a new public sector junior high school 40 acres is required, exits are shown, and the whole school is fenced. 2 Board of Adjustment Meeting July 29, 2009 Page Three The Growth Management Director responded that the applicant wanted to proceed with the conditional use questions before the site design was entered into and they have proposed some opaque landscaping on the school's sides. Mayor Gillmor pointed out with a 10 foot setback; kids are off campus in a snap. Ms. Banov said the development design to follow will be much more intensive and if the fire code requires an exit there would be panic hardware with an alarm and they would adhere to all logical and required measures. Mr. Wolff asked when the project would start and how many students this would accommodate. Ms. Banov said they would start with design as soon as possible and the number of students is set. Mr. Hill noted there is a nearby establishment that sells alcohol and beer and asked if the expansion would move the school closer to the establishment. The Growth Management Director said it is measured to the property line which isn't changing but could affect what is developed on the vacant land in the future. Mayor Gillmor called for speakers in favor of the request and almost all of the audience stood. Damien Gilliams, 1623 US Highway 1, asked the Mayor to keep in mind there were other variances before the Board and all request for variances should be treated the same. Ms. Simchick disagreed, stating variances should be considered on a case by case basis. There were no speakers opposing the request. MOTION by Ms. Simchick and SECOND by Mr. Wolff to approve the variance requested by Sebastian Charter Junior High School. Ms. Coy said she was happy to support this project as the current school only adequately meets the needs of the school. Result of the roll call: Ayes: All Nays: None Passed 5 -0 B. QUASI- JUDICIAL PUBLIC HEARING: DR. HADI SHALHOUB, IN REGARDS TO PROPERTY LOCATED AT 13100 U.S. 1, HAS REQUESTED A VARIANCE TO ALLOW A STRUCTURE TO BE 15 FEET FROM THE REAR PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE A MINIMUM OF 30 FEET FROM THE REAR PROPERTY LINE WHEN ABUTTING A RESIDENTIAL DISTRICT OR USE. 3 Board of Adjustment Meeting July 29, 2009 Page Four The City Attorney read the formal title of Dr. Shalhoub's request. There was no ex -parte communication to disclose. The City Clerk swore in those who planned to give testimony. The Mayor opened the hearing at 6:00 p.m. Rick Lefebure, Capp Custom Builders said he was available on behalf of Project Contractor Mickey Capp for any questions. The Growth Management Director explained they are asking for a 15 foot setback variance which is closest to the rear property line noting the lot is an irregular shape. She displayed the building footprint on the overhead projector. She said the previous zoning designation was RMH which would have provided for 20 foot required setback; there are unique conditions on the property; and staff recommended approval. She also pointed out the applicant is one of the sector industries targeted in the City's economic development plan. Mr. Wolff asked why the staff report mentions Sebastian River Medical is partnering with the construction of this facility. The Growth Management Director replied it is part of the medical sector industry. Dr. Shalhoub said it is being partnered to create a wound facility to relieve the hospital and provide more service. He explained the safety of the patients in wheel chairs, stretchers going from one point to another depend on the shape of the building, and this was the most efficient way to handle the facility. Ms. Coy congratulated Dr. Shalhoub for getting this far with his building and practice. Damien Gilliams, 1623 U.S. Highway 1, said he was in front of the Board for something very similar citing requests are not considered on a case by case basis, but who you are and who comes to support. Mayor Gillmor asked him to stay on Dr. Shalhoub's case. Mr. Gilliams continued that staff recommended denial which was selective, prejudiced, and not right. Mayor Gillmor asked him again to stay on topic and reminded him that he said he was neither for or against the request. Mayor Gillmor asked him why he was at the podium. Mr. Gilliams responded that there wasn't a category for "neither" and he hoped the Board voted consistently. Ms. Simchick asked the City Attorney if variance cases are to be considered case by case and if they set precedent. The City Attorney said each one has to be considered by the code standards which remain the same but the standard to the application is the critical factor. Mr. Wolff asked what the applicant's hardship is. The City Attorney responded the applicant has an irregularly shaped property, unusual elevation, an unusual request to use the site, and unusual traffic pattern. 4 Board of Adjustment Meeting July 29, 2009 Page Five ATTE Joe Scozzari, 1401 Thornhill Lane, supported this request to add to the tax structure. There was no one to speak against the request and Mayor Gillmor closed the hearing. MOTION by Ms. Coy and SECOND by Mr. Wolff to approve the variance as requested by Dr. Hadi Shalhoub in regards to the property located at 13100 U.S.1. Mr. Hill said he knew Dr. Shalhoub had difficulties with his property in the past and hoped his future in the City will be very good. Result of the roll call: Ayes: All Nays: None Passed 5 -0 8. CHAIRMAN'S MATTERS: None 9. MEMBERS' MATTERS: None 10. STAFF MATTERS: None 11. Being no further business, Mayor Gillmor adjourned the meeting at 6:17 p.m. Approved at the 9 3 0 0 9 Board of Adjustment meeting. Sally A. Ma MMC City Clerk 5 BOARD OF ADJUSTMENT City of Sebastian, Florida Application for Variance: Sebastian Charter High School Case No.: 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 July 22, 2009, and based upon the testimony and all of the evidence presented, the Board of Adjustment enters the following: FINDINGS OF FACT 1. SEBASTIAN CHARTER HIGH SCHOOL has requested a variance from a school conditional use requirement that any main or accessory building be located at least 100 feet from any property line. 2. The proposed setbacks are 10 feet from the North (Side), 25 feet from the West (Rear) and 50 feet from the South (Side) property lines. 3. Public notice of this hearing was published on July 8, 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. 4. 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. 5. A representative of the owners testified in favor of the variance. 6. No one appeared to testify in opposition. 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. Based upon the foregoing Findings of Fact and Conclusions of Law, a motion to approve the requested variance was made by Board Member Simchick, and seconded by Board Member Wolff, and adopted by the Board by a vote of 5 in favor and 0 against. Therefore, the requested variance was GRANTED. DONE AND ORDERED in Sebastian, Indian River County, Florida, this 22nd day of July 2009. ATTEST: CLE O THE BOARD OF ADJUSTMENT CONCLUSIONS OF LAW ORDER CITY OF SEBASTIAN BOARD OF ADJUSTMENT City of Sebastian, Florida Application for Variance: Dr. Hadi Shalhoub Case No.: 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 July 22, 2009, and based upon the testimony and all of the evidence presented, the Board of Adjustment enters the following: FINDINGS OF FACT 1. DR. HADI SHALHOUB has requested a variance to allow a structure to be 15 feet from the rear property line, whereas the code requires such structure to be a minimum of 30 feet from the rear property line when abutting a residential district or use. 2. Public notice of this hearing was published on July 8, 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. 3. 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. 4. The applicant and a representative of the owners testified in favor of the variance. 5. No one appeared to testify in opposition. ATTEST: CLERK O THE BOARD OF AD STMENT 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 Coy, and seconded by Board Member Wolff, and adopted by the Board by a vote of 5 in favor and 0 against. Therefore, the requested variance was GRANTED. DONE AND ORDERED in Sebastian, Indian River County, Florida, this 22nd day of July 2009. CITY OF SEBASTIAN