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HomeMy WebLinkAbout07061993BOA• City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589 -5330 ❑ FAX (407) 589 -5570 A G E N D A BOARD OF ADJUSTMENT TUESDAY, JULY 6, 1993 3:00 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. OLD BUSINESS: APPROVE MINUTES OF JUNE 1, 1993, REGULAR MEETING. • 5. PUBLIC HEARING: PETER TARBELL OF REALTYLINE, INC., IN REGARDS TO LOT 20, BLOCK 312, SEBASTIAN HIGHLANDS UNIT #13, IS REQUESTING A VARIANCE TO PERMIT A SEPTIC SYSTEM WITHIN THE REAR YARD WHEREAS THE ORDINANCE REQUIRES THE SEPTIC SYSTEM TO BE PLACED WITHIN THE FRONT OR SIDE YARD. APPLICANT ALSO WISHES TO PLACE A WELL IN THE FRONT YARD WHEREAS THE ORDINANCE REQUIRES ALL WELLS TO BE PLACED BEHIND THE FRONT BUILDING LINE OR IN THE REAR YARD. EDWIN ARNOLD, IN REGARDS TO LOT 17, BLOCK 405, SEBASTIAN HIGHLANDS UNIT# 11, IS REQUESTING A VARIANCE TO PERMIT A SEPTIC SYSTEM WITHIN THE REAR YARD WHEREAS, THE ORDINANCE REQUIRES THE SEPTIC SYSTEM TO BE PLACED IN THE FRONT OR SIDE YARD. APPLICANT ALSO WISHES TO PLACE A WELL IN THE FRONT YARD WHEREAS, THE ORDINANCE REQUIRES ALL WELLS TO BE PLACED BEHIND THE FRONT BUILDING LINE OR IN THE REAR YARD. 6. CHAIRMANS MATTERS: 7. COMMITTEE MATTERS: 8. BUILDING OFFICIAL MATTERS: is 9. NEW BUSINESS: 10. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) • is • City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589 -5330 ❑ FAX (407) 589 -5570 PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING TUESDAY, JULY 6, 1993, AT 3:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A -5.6 OF THE SEBASTIAN LAND DEVELOPMENT CODE. PETER TARBELL OF REALTYLINE INC., IN REGARDS TO LOT 20, BLOCK 312, SEBASTIAN HIGHLANDS UNIT #13, IS REQUESTING A VARIANCE • TO PERMIT A SEPTIC SYSTEM WITHIN THE REAR YARD, WHEREAS THE ORDINANCE REQUIRES THE SEPTIC SYSTEM TO BE PLACED IN THE FRONT OR SIDE YARD. APPLICANT ALSO WISHES TO PLACE A WELL IN THE FRONT YARD WHEREAS, THE ORDINANCE REQUIRES ALL WELLS TO BE PLACED BEHIND THE FRONT BUILDING LINE OR IN THE REAR YARD. ALAN SHISGAL, CHAIRMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) PUBLISHED: JUNE 21, 1993 JUNE 29, 1993 • City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589 -5330 ❑ FAX (407) 589 -5570 PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING TUESDAY, JULY 6, 1993, AT 3:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A -5.6 OF THE SEBASTIAN LAND DEVELOPMENT CODE. EDWIN ARNOLD, IN REGARDS TO LOT 17, BLOCK 405, SEBASTIAN HIGHLANDS UNIT #11, IS REQUESTING A VARIANCE TO PERMIT A • SEPTIC SYSTEM WITHIN THE REAR YARD, WHEREAS THE ORDINANCE REQUIRES THE SEPTIC SYSTEM TO BE PLACED IN THE FRONT OR SIDE YARD. APPLICANT ALSO WISHES TO PLACE A WELL IN THE FRONT YARD WHEREAS, THE ORDINANCE REQUIRES ALL WELLS TO BE PLACED BEHIND THE FRONT BUILDING LINE OR IN THE REAR YARD. ALAN SHISGAL, CHAIRMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) PUBLISHED: JUNE 21, 1993 JUNE 29, 1993 • Ir • 11 0 City of Sebastian POST OFFICE BOX 780127 ❑ SEBASTIAN, FLORIDA 32978 TELEPHONE (407) 589 -5330 ❑ FAX (407) 589 -5570 PUBLIC MEETING CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL HOLD A REGULAR MEETING ON TUESDAY, JULY 6, 1993, AT 3:00 P.M. IN THE CITY COUNCIL CHAMBERS. ( v N ZI L, SECRETARY EBA AN BOARD OF ADJUSTMENT NOTE: ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) :sb 1. • BOARD OF ADJUSTMENT REGULAR MEETING JULY 6, 1993 - 3:00 P.M. THE MEETING WAS CALLED TO ORDER BY CHAIRMAN SHISGAL AT 3:07 P.M. THE PLEDGE OF ALLEGIANCE WAS LED BY MR. SHISGAL. ROLL CALL: PRESENT: MR. SHISGAL, CHAIRMAN MR. VILARDI MR. HUSK MR. ELSESSOR, ALTERNATE ABSENT: MR. PRICE MR. BUECHLING MR. SPROUL, ALTERNATE IT IS NOTED THAT MR. ELSESSOR, ALTERNATE, WILL ACT IN BEHALF OF MR. PRICE, WHO IS ABSENT. • ALSO PRESENT: BRUCE COOPER, DIR. OF COMMUNITY DEVELOPMENT, RICK TORPY, BOARD ATTORNEY, AND JAN KING, ZONING TECHNICIAN. G OLD BUSINESS: MOTION BY MR. SHISGAL, SECONDED BY MR. VILARDI, TO APPROVE THE MINUTES OF THE JUNE 1, 1993, REGULAR MEETING. MOTION CARRIED. PUBLIC HEARING: PETER TARBELL OF REALTYLINE, INC., IN REGARDS TO LOT 20, BLOCK 312, SEBASTIAN HIGHLANDS UNIT #13, IS REQUESTING A VARIANCE TO PERMIT A SEPTIC SYSTEM WITHIN THE REAR YARD. APPLICANT ALSO WISHES TO PLACE A WELL IN THE FRONT YARD. MR. SHISGAL MENTIONED THAT AT THE JUNE 1, 1993, MEETING THERE WAS A POSTPONEMENT OF THE PETER TARBELL CASE. MR. COOPER STATED THAT MR. TARBELL WAS JUST AT THE MEETING AND IS GOING TO TRY TO WORK OUT THE SITUATION WITHOUT THE is NEED FOR A VARIANCE AND HAS WITHDRAWN HIS APPLICATION. EDWIN ARNOLD, IN REGARDS TO LOT 17, BLOCK 405, SEBASTIAN HIGHLANDS UNIT #11, IS REQUESTING A VARIANCE TO PERMIT A SEPTIC SYSTEM WITHIN THE REAR YARD WHEREAS, THE ORDINANCE PAGE TWO REQUIRES ALL WELLS TO BE PLACED BEHIND THE FRONT BUILDING LINE OR IN THE REAR YARD. MR. ARNOLD STATED THAT HE PURCHASED THE LOT IN 1988. PRIOR TO THAT CONSTRUCTION HAD STARTED IN 1984. THE PREVIOUS OWNERS HAD GONE AS FAR AS PUTTING IN THE SEPTIC AND DRAINFIELD. SINCE THAT TIME THE ORDINANCE HAS CHANGED WHERE THE SEPTIC IS IN THE FRONT AND WELL IN THE REAR. MR. ARNOLD WISHES TO USE THE EXISTING SYSTEM. MR. COOPER STATED THAT STAFF HAS NO OBJECTIONS TO THE PROPOSED VARIANCE. THERE ARE SEVERAL CONDITIONS THAT HE FEELS WOULD BE PERTINENT IN GRANTING A VARIANCE. IN THE REAR PROPERTY THERE IS A 50' RIGHT -OF -WAY FOR DRAINAGE, THAT WOULD NOT IMPACT ANY LOTS TO THE REAR WITH THE PROPOSED DRAINFIELD. THE VACANT LOT 18, ABUTTING THIS PROPERTY WOULD BE IMPACTED BUT, NOT TO THE POINT WHERE THEY WILL NOT BE ABLE TO PLACE THE WELL AND THE DRAINFIELD WOULD STILL BE LOCATED IN THE FRONT. THE WELL LOCATION OF THE APPLICANT WOULD NOT IMPACT ANY MORE THAN THE EXISTING WELL ON LOT 16. THIS IS NOT • PUTTING ANY IMPOSITION TO ANY ADJOINING LOT AND DUE TO THE EXISTING CONDITIONS TO LOT 16, STAFF HAS NO OBJECTIONS TO THE PROPOSED VARIANCE. MR. COOPER ALSO STATED THAT THERE IS AN APPROVED SET OF PLANS FROM THE HEALTH DEPARTMENT. MR. VILARDI QUESTIONED THE TWO CIRCUMFERENCES ON THE SURVEY FROM HAYHURST? MR. COOPER RESPONDED THAT THE OUTER CIRCUMFERENCE IS FROM THE WELL ON LOT 16 AND THE INNER CIRCUMFERENCE IS FROM THE PROPOSED WELL. MR. VILARDI STATED THAT THE WELLS WOULD BE RIGHT NEXT TO EACH OTHER AND WAS IT PERMISSIBLE? MR. COOPER STATED NO OBJECTIONS. MR. VILARDI STATED CONCERNS ABOUT THE DRAINAGE RIGHT -OF -WAY IN THE REAR, BEING THAT THE WATER EVENTUALLY GOES INTO THE INDIAN RIVER. MR. COOPER MENTIONED THAT YOU WILL FIND THAT THE DRAINAGE ALONG THE FRONT SWALES ARE GOING TO CREATE THE SAME SITUATION. MR. VILARDI STATED THAT FRONT SWALES USUALLY PERCOLATE INTO • THE GROUND A LITTLE BIT. MR. COOPER RESPONDED THAT'S WHAT THEY'RE INTENDED TO DO. THE HEALTH DEPARTMENT DOES TAKE INTO CONSIDERATION THE LOCATION OF DRAINAGE DITCHES. 3 • PAGE THREE MR. VILARDI MENTIONED THAT ONE DAY THE CITY WILL BE IN THE SEWER BUSINESS AND WOULD THIS CREATE AN ADDITIONAL EXPENSE FOR MR. ARNOLD? MR. ELSESSOR COMMENTED ON THE SIZE OF THE LARGE DRAINFIELD. MR. COOPER STATED THE HEALTH DEPARTMENT REQUIRES 300 SQUARE FOOT DRAINFIELD AND 900 SQUARE FOOT PERMEABLE AREA. MR. ELSESSOR MENTIONED THAT THERE IS A LARGE DRAINAGE AREA ON THE EAST SIDE AND WONDERED IF EVENTUALLY ONE OF THE NEIGHBORING LOTS WOULD NEED A VARIANCE. MR. COOPER RESPONDED THAT THERE WOULD BE SUFFICIENT ROOM. MR. VILARDI HAD QUESTIONED IF THE HEALTH DEPARTMENT PERMIT WAS REQUIRING 100 OR 900 SQUARE FEET OF DRAINFIELD. MR. COOPER RESPONDED THAT IN 1984 THE HEALTH DEPARTMENT REQUIRED 200 SQUARE FEET OF DRAINFIELD AND THAT'S WHY THEY WANTED AN ADDITIONAL 100 SQUARE FEET. MR. ARNOLD STATED THAT HE CONTACTED THE PERSON WHO PUT IN THE DRAINFIELD AND HE THINKS THERE IS 300 SQUARE FEET EXISTING. MR. SHISGAL OPENED THE PUBLIC MEETING AT 3:19 AND WAS CLOSED FOR LACK OF PUBLIC INPUT. MR. ELSESSOR MADE A MOTION TO APPROVE A VARIANCE DUE TO CIRCUMSTANCES AND NOT PUTTING HARDSHIP ON ANYBODY ELSE. MR. SHISGAL SECONDED THE MOTION. ROLL CALL: YES: MR. MR. MR. MR. CHAIRMANS MATTERS: NO SHISGAL VILARDI HUSK ELSESSOR MOTION CARRIED. NE COMMITTEE MATTERS: NONE BUILDING OFFICIAL MATTERS: NONE • NEW BUSINESS: NONE. • PAGE FOUR MR. ELSESSOR MADE A MOTI VILARDI. ROLL CALL: YES: MR. MR. MR. MR. ON TO ADJOURN, SECONDED BY MR. .y SHISGAL VILARDI HUSK ELSESSOR MEETING ADJOURNED AT 3:21 P.M. • • MOTION CARRIED.