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Home My WebLink About02-26-2014 BOA MinutesCITY OF SEBAST HOME OF PELICAN ISLAND MINUTES BOARD OF ADJUSTMENT REGULAR MEETING WEDNESDAY, FEBRUARY 26, 2014 — 6 PM 1. Mayor McPartlan called the Board of Adjustment meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Present: Mayor Bob McPartlan Vice -Mayor Jim Hill Council Member Jerome Adams Council Member Andrea Coy Council Member Richard Gillmor City Staff Present: City Attorney, Robert Ginsburg Interim City Manager, Joe Griffin City Clerk, Sally Maio Community Development Director, Joseph Griffin Planner, Jan King 4. ANNOUNCEMENTS: None. 5. APPROVAL OF MINUTES: Meeting of December 2, 2013 MOTION by Ms. Coy and SECOND by Mr. Adams to approve the minutes. Roll Call: Ayes: Hill, Adams, Coy, Gillmor, McPartlan Nays: None Passed: 5 -0 6. OLD BUSINESS: None 7. NEW BUSINESS: A. QUASI- JUDICIAL PUBLIC HEARING: TODD HOWDER OF MBV ENGINEERING, AS REPRESENTATIVE FOR THE OWNER MICHAEL DINZLEY, IN REGARDS TO PROPERTY LOCATED AT 13085 U.S. 1 IS REQUESTING THE FOLLOWING VARIANCES: 1. PER SECTION 54- 2- 5.4.(d)(5), A REDUCTION OF THE REAR YARD SETBACK ALONG THE WEST PROPERTY LINE FROM 30 FEET TO 20 FEET. 2. PER SECTION 54 -3- 15.2., A REDUCTION OF THE REQUIRED PARKING FOR AN ASSISTED LIVING FACILITY FROM 52 SPACES TO 44 SPACES. Board of Adjustment Meeting February 26, 2014 Page Two The City Attorney read the title of the variance request and advised that this is a quasi - judicial hearing. All members except Mr. Adams said they had received phone calls from Mr. King but nothing of substance was discussed. The City Attorney said it doesn't sound like anything of substance was discussed so this fine. The City Clerk swore in all who intended to give testimony. The Interim City Manager gave a brief introduction on the request and said Todd Howder, MBV Engineering, will make the presentation on the application for the two variances. Todd Howder, consulting engineer for the project, gave the presentation, noting this is the site of the former planned Sonic, north of the St. Sebastian Catholic Church, described each variance; 1) reduction of rear setback from 30 to 20 feet, noting 30 feet is required currently because they abut a residential use at this time but in the future that zoning will revert to CR use which would then require only a ten foot setback, and the reason for the request is to have the nicest site they can by providing as much green space and landscaping for calming as they can including a six foot hedge and 16 foot trees at twenty -five foot spacing; and 2) for the reduction in parking from the City Code (he provided a one page proposed elevations to show the design of the building) he said in an attempt to make a more desirable design for the residence which will take up a little extra room. He said they have done research and said the City parking code requires .6 per bed, and trip generation studies as set out in 8th Edition of ITU (2012) assesses a peak parking rate of .18 or .35, which would take spaces down to the high thirties and they are seeking 44. He said this is the best use and will be the best neighbor as opposed to the other uses that were proposed and requested approval. Ms. Coy said she was impressed with the design and she appreciates them thinking out of the box, and this will be a much better neighbor to adjacent properties. Mayor McPartlan called for input in favor of the request and there were none. Mayor McPartlan called for input opposed to the request. Claire Ranahan, Shady Rest Mobile Home Park, said this will be in her backyard and said Shady residents would appreciate having copies of the plans, that she was not against it but wanted verification of where dumpsters would be located and traffic routes for delivery trucks. She said she had pictures of the rear of her home, hoped they have priority to move in when it is ready, and would like to be kept up to date with what is going on. She said there were rumors it would be seven stories high so they need information. Ms. Coy gave her the agenda packet she had. Mayor McPartlan said she could contact the Interim City Manager and he would keep her up to date. Todd Howder said he would be happy to meet with Ms. Ranahan and let them be involved with the process. 2 Board of Adjustment Meeting February 26, 2014 Page Two The Interim City Manager reiterated his recommendation to approve the variance requests for the setback with a contingency for installation of type A buffer, with enhanced canopy trees as per staff report, and the second variance with reduction of parking spaces from 52 to 44. MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve staff recommendation to approve variances A and B on this project with conditions. Ms. Coy said in our packet there is a stipulation that there is an acknowledgement that when Shady Rest time is up in 2018 should there not be another owner for that property the owner could request another extension or make another deal with Council. The Interim City Manager said that is correct. Mr. Hill said his only issue is on the parking issue, and asked was Sebastian's Code a little strict for this type of use. The Interim City Manager said 52 spaces is based on the LDC and staff examined eight different studies and all were less than what we require, sometimes less that 113, so reducing to .5 is still below the industry standards. Mr. Adams asked if we need to look at the LDC to see if it needs changing to be more in line with Indian River County which is .5, and the ICM said we had recently went through a review and made some changes to the LDC and this was not one of them, and have been working with the Chamber on some provisions and perhaps this parking could be looked at going forward. In response to Mr. Adams, Mr. Howder said ground is expected to be broken in September. Roll Call: Ayes: Adams, Coy, Gillmor, McPartlan, Hill Nays: None Passed: 5 -0 8. CHAIRMAN'S MATTERS: None 9. MEMBERS' MATTERS: None 10. STAFF MATTERS: None 11. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 6:21 p.m. Approved at the g csk/ Board of Adjustment Meeting. - r.. Attes Sally A. 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