HomeMy WebLinkAbout07-28-2010 BOA MinutesCity Council Present:
Mayor Richard H. Gillmor
Vice -Mayor Jim Hill
Council Member Andrea Coy
Council Member Don Wright
CRY Of
SEBASTIAN'
HOME OF PELICAN ISLAND
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
WEDNESDAY, JULY 28, 2010 6:00 P.M.
1. Mayor Gillmor called the Board of Adjustment Meeting to order at 6:00 p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL
City Council Absent:
Council Member Eugene Wolff (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
MIS Systems Analyst, Rob Messersmith
4. ANNOUNCEMENTS None
5. APPROVAL OF MINUTES: 6 -23 -10 Meeting
MOTION by Mr. Hill and SECOND by Ms. Coy to approve the minutes carried on a voice
vote of 4 -0.
6. OLD BUSINESS None
Board of Adjustment Meeting
July 28, 2010
Page Two
7. NEW BUSINESS:
A. QUASI- JUDICIAL PUBLIC HEARING:
SEBASTIAN CHARTER JUNIOR HIGH SCHOOL, IN REGARDS
TO PROPERTY LOCATED AT 782 WAVE STREET,
REQUESTING A VARIANCE FROM A SCHOOL CONDITIONAL
USE REQUIREMENT THAT ANY MAIN OR ACCESSORY
BUILDING BE LOCATED AT LEAST 100 FEET FROM ANY
PROPERTY LINE. A TEMPORARY MODULAR BUILDING IS
PROPOSED TO BE 60 FEET FROM THE SOUTH (SIDE)
PROPERTY LINE.
The City Attorney read the request and Mayor Gillmor opened the public hearing at 6:01
p.m.
Ms. Coy disclosed that she had spoken to Charter School Principal, Mrs. McAdams, who
said she would not be able to attend the meeting, but was in attendance.
The City Clerk swore in all those who intended to offer testimony.
Amy Banov, Banov Architects, P.A. introduced herself and Todd Howder from MBV
Engineering, and presented a Power Point program. (see attached)
In response to Mayor Gillmor, Ms. Banov noted the location of the proposed cafeteria,
current cafeteria and proposed temporary modular classroom.
The Growth Management Manager said this variance was brought to Council because
staff did not want there to be an assumption that this was a part of the prior variance for
new construction granted previously by the Board of Adjustment. She noted that staff
wanted a firm commitment on the removal of the portable and it will be probably be
removed sooner for phase two of the construction.
Mayor Gillmor called for input from those in favor and opposed and there was no input
from any individual.
MOTION by Mr. Hill and SECOND by Ms. Coy to approve the variance for Sebastian
Charter Junior High School, 782 Wave Street.
Result of the Roll Call:
Ayes: Gillmor, Hill, Coy, Wright
Absent: Wolff
Passed 4 -0
8. CHAIRMAN'S MATTERS None
2
Board of Adjustment Meeting
July 28, 2010
Page Three
9. MEMBERS' MATTERS None
10. STAFF MATTERS None
11. Being no further business, Mayor Gillmor adjourned the meeting at 6:12 p.m.
Approved at the February 9, 2011 Board of Adjustment meeting.
Hill, Mayor
ATTEST:
Sally A. Mai. MMC City Clerk
3
BOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
Sebastian Charter Junior High School Case No. 10 -VAR -3
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 28, 2010, and based upon the testimony and all of the evidence
presented, the Board of Adjustment enters the following:
FINDINGS OF FACT
1. SEBASTIAN CHARTER JUNIOR HIGH SCHOOL, regarding property
located at 782 Wave Street, has requested a variance from a school
conditional use requirement to allow a temporary modular building to be 60
feet from the south (side) property line.
2. The Sebastian Land Development Code requires any main or accessory
building for a school to be located at least 100 feet from any property line.
3. Public notice of this hearing was published on July 13, 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.
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, conditional upon removal of the portable at completion
and occupancy of the new school, but no later than December 31, 2012.
5. Amy Banov, of Banov Architects, P.A. testified in favor of the variance.
6. 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 100
foot side yard 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.
Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was
made to approve the requested variance for the Sebastian Charter Junior High School
located at 782 Wave Street, reducing the south (side) yard setback to 60 feet for a
temporary portable classroom, conditional upon removal of the portable at completion and
occupancy of the new school, but no later than December 31, 2012. Said motion was made
by Vice Chairman Jim Hill, and seconded by Board Member Andrea Coy, 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 28 day of
July, 2010.
ATTEST:
Clerk to t)le Board of Adjustment
ORDER
2
CITY OF SEBASTIAN
Richard H. Gillmor, Chairman
Board of Adjustment
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