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HomeMy WebLinkAbout04-09-2014 BOA MinutesCITY OF HOME OF PELICAN ISLAND MINUTES CITY OF SEBASTIAN BOARD OF ADJUSTMENT WEDNESDAY, APRIL 9, 2014 — 6 P.M. Mayor McPartlan called the Meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 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: Special Magistrate, David Hancock for City Attorney Ginsburg Interim City Manager, Joseph Griffin City Clerk, Sally Maio Community Development Director, Joseph Griffin Planner, Jan King Zoning Technician, Dorri Bosworth 4. ANNOUNCEMENTS None. APPROVAL OF MINUTES: Meeting of February 26, 2014 MOTION by Mr. Gillmor and SECOND by Mr. Adams to approve the minutes. Roll Call: Ayes: McPartlan, Hill, Adams, Coy, Gillmor Nays: None Passed: 5 -0 6. OLD BUSINESS - None 7. NEW BUSINESS: A. QUASI- JUDICIAL PUBLIC HEARING: CRAIG CARDEN, OF CORE STATES GROUP, AS REPRESENTATIVE FOR CUMBERLAND FARM, INC., IN REGARDS TO PROPERTY LOCATED AT 957 SEBASTIAN BOULEVARD, IS REQUESTING A VARIANCE SECTION 54- 2- 5.3.1(d)(5) OF THE SEBASTIAN LAND DEVELOPMENT CODE TO ALLOW A FUEL CANOPY TO BE 38.5 FEET FROM THE FRONT PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE 74 FEET FROM THE FRONT PROPERTY LINE. Board of Adjustment Meeting April 9, 2014 Page Two Mayor McPartlan opened the hearing at 6:01 p.m. The Interim City Manager introduced David Hancock, City of Sebastian Special Magistrate, who is sitting in for City Attorney Robert Ginsburg during an illness and expressed appreciation for him being here. He read then read the title of the variance request. No member of City Council had ex -parte communication to disclose. The City Clerk swore in all who intended to offer testimony. Bruce Barkett, on behalf of Project Engineer, Mr. Carden, who could not be here, presented the request for the variance for the Cumberland Farms project at CR 512 and Barber Street, which currently has a fuel canopy in the setback located 19' from 512, and in the redesign it will still be in the setback but twice as far away from 512 at 38.5 feet and only a portion will remain in the setback, noting the reason for the74 foot setback requirement is there is a Code provision for a marginal easement to allow traffic to flow parallel with CR 512. He said the planned project will be a big improvement on the current property, said City staff had been a pleasure to work with on this project, and have been extremely thorough and professional. Ms. Coy said she was glad to see the driveway being moved to the south on Barber Street because it has always been a tough place to get and out of. She asked, in redesigning the pump stations,is there going to be a one way access or how was traffic being routed. Mr. Barkett said staff can better address her question and they have worked with City consulting engineer Frank Watanabe on this. He said the site plan will go before Planning and Zoning Commission on April 17 and these issues will be addressed there. Ms. King said the driveway presently in and out onto Barber Street is being pushed as far away as possible from the intersection and is described on the plan on page two. Ms. Coy said in looking at the plan second page now her question is answered. Ms. King said both entrances are planned to be two way. Mr. Adams asked when relocating the fuel pumps, what impact would there be on fuel tank storage and was that being relocated. Ms. Bosworth cited the second page of the site plan which shows the tanks are being relocated to the southwest of the new canopy near the alley and they will then meet the required setback. She said this part of the project is before State Department of Natural Resources and is being processed. Mr. Adams asked, because the Code says the setback is 74 feet and it was originally 18 feet and now will be 38 feet, are we changing the Code so this does not happen again. Ms. King explained that the 1985 version of the Land Development Code already had the 74 foot setback requirement so she was not sure what they were thinking when they approved the Cumberland Farms canopy, the site plan shows where the pumps are located as concrete and the rest asphalt, and no canopy was shown, and then a later final as -built survey shows the canopy, and she was not sure if it was missed or in 1987 staff did not recognize the canopy as a structure, but it is a structure and it should not have been there. She said there must have been a miscommunication of some sort, and this new design will be taking care of an enormous number of issues, like the relocation FA Board of Adjustment Meeting April 9, 2014 Page Three of the fuel storage, noting the canopy will now be parallel with Barber Street. She said the cross access easement is to allow vehicles to access properties along the corridor without going back to 512 but staff does not want that to happen on the west side of Barber in that location. She said staff is in support of this variance because the need for that setback was to accommodate that cross access and it is not needed in this location. Mayor McPartlan opened the floor for anyone in favor of the variance, and there was no request to speak. He then called for anyone opposed to anyone opposed to the variance and there was no request to speak. The Interim City Manager reiterated staff recommendation to approve. MOTION by Mr. Gillmor and SECOND by Ms. Coy to approve Roll Call: Ayes: Hill, Adams, Coy, Gillmor, McPartlan 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 meeting at 6:15 p.m. Approved at the Board of Adjustment Meeting. By:nll Bob McPartlan, Mayor Attest: Sally A. Maio, M City Clerk