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HomeMy WebLinkAbout05-12-2010 BOA MinutesCIIY c4 sEeASTIgN HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT WEDNESDAY, MAY 12, 2010 6:00 P.M. 1225 Main Street, Sebastian, Florida MINUTES 1. Mayor Gillmor 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 Eugene Wolff City Council Absent: Council Member Don Wright (excused) 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 Police Chief, Michelle Morris MIS Senior Systems Analyst, Barbara Brooke -Reese 4. ANNOUNCEMENTS none. 5. APPROVAL OF MINUTES: Meeting of 9 -30 -09 Meeting of 10 -28 -09 MOTION by Mr. Hill and SECOND by Ms. Coy to approve both sets of minutes passed on a voice vote of 4 -0. 6. OLD BUSINESS None 7. NEW BUSINESS: A. QUASI- JUDICIAL PUBLIC HEARING: CHARLES STACHEL, in regards to lot 17, block 336, Sebastian Highlands unit 13, located at 1698 Coral Reef Street, requesting a variance to allow a residential structure to be 16.25 feet from the rear property line, whereas the code requires such structure to be 20 feet from the rear property line. Ric ATTEST: Board of Adjustment Minutes May 12, 2010 Page Two Sally A. Maio, M City Clerk The City Attorney read the case title. There was no ex -parte communication to disclose. The City Clerk swore in all who intended to present testimony. The Growth Management Manager explained the variance is a result of an unusual chain of events, whereby the setback met an earlier existing code provision in 1983 when the house was built which provided for a 15 foot setback, then a new LDC provision changed the setback to 20 feet and contained a grandfather clause for structures such as this, an addition was added in 1994 that was carefully positioned and approved, and then a unity of title combined the properties in 2005 and cured the property line encroachment, however, now the property is for sale and dividing the lots to sell separately presents the encroachment problem again. She recommended approval of the variance for the setback. MOTION by Mr. Wolff and SECOND by Mr. Hill to approve the variance. Mayor Gillmor opened the hearing, however, no one spoke in favor or in opposition to the request, nor were there any questions from Council. Result of the roll call: AYES: Hill, Coy, Wolff, Gillmor NAYS: None Motion passed. B. REQUEST FOR EXTENSION OF VARIANCE: SEBASTIAN CHARTER JUNIOR HIGH SCHOOL, in regards to property located at 782 Wave Street, requesting a six -month extension of the variance determination to reduce their required setbacks to 10 feet from the north (side), 25 feet from the west (rear) and 50 feet from the south (side) property lines. The City Attorney read the case title and noted this was not a quasi-judicial hearing. MOTION by Mr. Hill and SECOND by Mr. Wolff to approve the extension passed on a voice vote of 4 -0. 8. CHAIRMAN'S MATTERS none 9. MEMBERS' MATTERS none 10. STAFF MATTERS none 11. Being no further business, Mayor Gillmor adjourned the Board of Adjustment meeting at 6:10 pm. Gill or, Mayor 2010 Board of Adjustment meeting. 2 BOARD OF ADJUSTMENT City of Sebastian, Florida Application for Variance: Charles P. Stachel Case No. 10 -VAR -1 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 12, 2010, and based upon the testimony and all of the evidence presented, the Board of Adjustment enters the following: FINDINGS OF FACT 1. Charles P. Stachel, owner of the real property described as Lot 1, 17 and 18, Block 336, Sebastian Highlands Unit 13, with the address of 1698 Coral Reef Street, requested a variance to allow a residential structure to be 16.25 feet from the rear property line. 2. The Land Development Code of the City of Sebastian requires such structures to be 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 Lot 17, Block 336, Sebastian Highlands Unit 13 in 1983. At the time of construction, the City Code required a 15- foot rear setback. 4. In 1985 a new Land Development Code was adopted by the City of Sebastian which established the rear setback to be a minimum 20 feet, and established a "grandfather" clause to allow a legal noncomplying structure to continue. These provisions remain in effect. 5. In 2005 a Unity of Title was recorded combining vacant Lots 1 and 18 to Lot 17, all in Block 336, Sebastian Highlands Unit 13, and inadvertently curing the setback issue. The City cannot release the Unity of Title unless a variance is granted. 6. Public notice of this hearing was published on April 27, 2010, 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. 7. 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. 8. Growth Management staff presented the case and reviewed the history of the site. 9. 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 from the rear setback 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 [reducing the rear setback to 16.25 feet for the existing structure, with no further construction permitted within 20 feet of the rear property line], was made by Board Member Eugene Wolff, and seconded by Vice Mayor Jim Hill, and adopted by the Board by a vote of 4 in favor and 0 against. Therefore, the requested variance was GRANTED. 2 DONE AND ORDERED in Sebastian, Indian River County, Florida, this 12th day of May, 2010. ATTEST: oard of Adjustment 3 CITY OF SEBASTIAN t Richard H. Gillmor, Chairman Board of Adjustment