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HomeMy WebLinkAbout03-09-2011 BOA Minutescm � ��.����� HOME OF PELICAN ISLAND MINUTES CITY OF SEBASTIAN BOARD OF ADJUSTMENT WEDNESDAY, MARCH 9, 2011 - 6:00 P.M. Council Chamber, 1225 Main Street, Sebastian Mayor Hill called the meeting to order at 6 pm. 2. The Pledge of Allegiance was recited. 3. ROLL CALL: 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 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: None 6. OLD BUSINESS: None 7. NEW BUSINESS: A. QUASI-JUDICIAL PUBLIC HEARING: MICHAEL TOMASETTI, IN REGARDS TO LOT 8, BLOCK 49, SEBASTIAN HIGHLANDS UNIT 2, AT 746 WENTWORTH STREET, IS REQUESTING A VARIANCE TO CONSTRUCT AN EIGHT (8) FOOT FENCE ALONG THE SIDES AND REAR OF THE PROPERTY, WHEREAS THE CODE WOULD PERMIT SUCH FENCE TO BE A MAXIMUM SIX (6) FEET IN HEIGHT. The City Attorney read Mr. Tomasetti's request into the record. Mayor Hill opened the hearing at 6:01 p.m. Board of Adjustment Meeting March 9, 2011 Page Two There was no ex-parte communication to disclose by Board Members. The City Clerk swore in all those who intended to provide testimony. Mr. Tomasetti said he was simply requesting to put up an eight foot fence as the houses surrounding him sit four feet higher. He said during construction of the last house, the lot was prepared for a septic tank but construction stopped and now there is a four foot high house pad. Mr. Wright said he drove by and there is a hedge on one side. Mr. Tomasetti said that was correct but the hedge is dying in the heat and it will be years before they fill in to provide privacy. The Growth Management Director said the applicant is seeking relief from Section LDC 54-2-7.7c(1) requesting the construction of an eight foot fence and cited the special conditions including that the property sits two feet lower than the surrounding properties, it is an irregular shaped lot, and staff felt there was undue hardship on the applicant, it was not injurious to the public welfare, and staff thought they met all the standards, therefore, is recommending approval but it was at Council's approval. Mr. Wright asked if the neighbors have been notified. The Growth Management Director said letters went out to everybody within 400 feet and they did not receive any feedback but one letter was returned as undeliverable. Ms. Coy asked the applicant to consider putting six foot fence on the sides and eight foot in the back. Mr. Tomasetti said his neighbor threatens him over the six foot fence and absolutely wanted the eight foot on that side. Ms. Coy said she understood. Ms. Coy asked what kind of fence he was planning to put in. Mr. Tomasetti said it would be board on board with 12 foot posts and because of the cost, he planned to construct in sections, and would be requesting an extension on the permit. The Growth Management Director said permits are issued for six months, she discussed the matter with the Building Director, and as long as Mr. Tomasetti has an inspection, he can renew for another six months. MOTION by Mr. Gillmor and SECOND by Ms. Coy to recommend that the Board approve Mr. Tomasetti's variance request. Mr. Wolff asked the Growth Management Director to explain why the fee is collected before the variance is granted. The Growth Management Director said usually the applicant applies for the variance then the building permit, but in this case, Mr. Tomasetti asked to move forward with the building permit and the Building Director agreed to refund his money if the variance wasn't approved. 2 Board of Adjustment Meeting March 9, 2011 Page Three There were no speakers in favor or against the request. Mr. Tomasetti confirmed he was told that the building permit fee would be refunded if the variance wasn't granted, but he did not plan to record the notice of commencement until he received approval. The Growth Management Director said staff recommended approval. MOTION restated by Mr. Gillmor and SECOND by Ms. Coy to approve the variance. Result of 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 Hill adjourned the Board of Adjustment meeting at 6:17 p.m. Approved at the February 22, 2012 Board of Adjustment meeting. Ji ill, Mayor ATTE : ,� ? �—_____ Sally A. Mai , MMC – City C/erk 3