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HomeMy WebLinkAbout02-09-2011BOA Minutes�� '��'F,' �°► „�!� HOME OF PELICAN ISIAND MINUTES BOARD OF ADJUSTMENT MEETING WEDNESDAY, FEBRUARY 9, 2011 — 6:00 PM Council Chambers, 1225 Main Street, Sebastian, FL 32958 Mayor Hill 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 Present: Mayor Jim Hill Vice-Mayor pon Wright Council Member Andrea Coy Council Member Richard H. Gillmor Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Building Director, Wayne Eseltine Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King MIS Senior Systems Analyst, Barbara Brooke-Reese 4. ANNOUNCEMENTS — none. 5. APPROVAL OF MINUTES: Julv 28, 2010 MOTION by Mr. Wolff and SECOND by Ms. Coy to approve the July 28, 2010 minutes passed with a voice vote of 5-0. 6. OLD BUSINESS — none. 7. NEW BUSINESS: A. QUASI-JUDICIAL PUBLIC HEARING: IN REGARDS TO PROPERTY OWNED BY HALA SHALHOUB LOCATED AT 13100 U.S. 1, A VARIANCE IS REQUESTED TO ALLOW A PORTION OF A BUILDING TO BE 10 FEET FROM THE REAR PROPERTY LINE, WHEREAS THE REAR SETBACK HAS PREVIOUSLY BEEN ESTABLISHED AS 15 FEET. Board of Adjustment Meeting February 9, 2011 Page Two The City Attorney read the request for a variance from Hala Shaloub and Mayor Hill opened the public hearing at 6:01 p.m. There was no ex parte communications to disclose by the Board Members. The City Clerk swore in all those who were to provide testimony. Mickey Capp, Capp Custom Builders, representing the applicant, said the variance was needed because he began working off of an outdated survey plan. He said when he noticed there would be a three foot difference in the parking lot elevation; he lowered the building 18 inches and raised the parking lot six inches. He said the 27 square foot error is in the northeast corner so the finished floor will be 10' 8" below the retaining wall so you will only see the roofline from surrounding properties. Staff Presentation The Growth Management Director said on July 22, 2009 the Board previously approved a rear yard setback but during design and construction, it came apparent a further setback was necessary leaving two remedies: cut that portion of the building off and make the room smaller in size without one of the hyperbaric chamber beds or request the variance. She said staff is recommending approval of the request. Council In response to Mr. Wright, the Growth Management Director said the purpose of a setback ordinance is to provide a buffer between residential use and a commercial use; noting commercial abutting commercial does not require a setback. Mr. Wright asked if there was any property adversely affected by the plan. The Growth Management Director said lot 2 on 132 Street is the closest structure. Mr. Wright asked what the elevation differences were. Mr. Capp responded from the top of the roof to the finished floor is 10 ft 8 inches down, with 12 ft of roof above the pitch of the roof. Mr. Wolff asked if construction continued after the problem was found. The Growth Management Director said staff met with the contractor immediately after reviewing the foam boards and gave Mr. Capp the option to halt but it was agreed that he would continue at his own risk. Mr. Capp said he did not pour concrete or set trusses in the corner in case he had to cut down the size. 2 Board of Adjustment Meeting February 9, 2011 Page Three In response to Mr. Wolff, the Growth Management Director said the adjacent property owner was notified of the mistake by non-registered mail with information on the hearing. The Growth Management Manager said all property owners within a 300 mile radius were notified and one notice was returned to which she tried unsuccessfully to contact by phone. Ms. Coy thanked Mr. Capp for taking responsibility. Favor of Request Damien Gilliams, 1623 US Highway 1, said it is nice to take responsibility for mistakes but to continue to have staff not red tag a job leaves a little to be desired, noted in the past there were variances granted that were created by the applicant. In response to Mayor Hill, Mr. Gilliams said he was speaking in favor of the request. Mr. Gilliams said the Board denied the property next door for a variance and asked how they can tell this gentleman no. He said they have no choice but to approve this. There was no opposition to the request. Mr. Capp explained the stem wall construction on a spread footing where you put the footing in the ground to get the string line and it isn't submitted to the City for inspection, but you build the wall based on the block construction which is than inspected at that point. He said he didn't pour the floor, could still cut the corner out; and if he lost his case, so be it. The Growth Management Director reiterated that staff recommended approval. Mayor Hill said he did take a trip to look at the building which is quite tall but didn't see a tremendous difference with the building versus where it was supposed to be; and he believed it was an honest mistake by the contractor. Mr. Gillmor said from the picture, the area is in wait and see, which demonstrated respect for the Board. Mr. Wright said each case stood on its own merit. Ms. Coy said they are not bound by previous decisions and must look at unique merits of each and every case. MOTION by Ms. Coy and SECOND by Mr. Wright to approve the adjustment. Result of roll call: AYES: Hill, Wright, Coy, Gillmor, Wolff NAYS: 0 Passed 5-0 8. CHAIRMAN'S MATTERS - none Board of Adjustment Meeting February 9, 2011 Page Four 9. MEMBERS' MATTERS - none 10. STAFF MATTERS 11. Being no further business, Mayor Hill adjourned the Board of Adjustment meeting at 6:18 p.m. Approved at the February 22, 2012 Board of Adjustment meeting. �` :-- J' Hill, Mayor ATTE � � Sally A. Maio, MC - City Clerk 0