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Home My WebLink About01-27-2016 BOA Agenda w Council8. RECESS CITY COUNCIL MEETING/CONVENE AS COMMUNITY REDEVELOPMENT AGENCY A. Call to Order and Roll Call B. CRA Items 63-64 i. Approval of 1/13/16 Minutes (Excerpt of 1/13/16 Council/CRA minutes) ii. Presentation by Rob Bolton — Step Program Power Point (no backup) 65-78 iii. Consider Construction of Mooring Field (Transmittal, Boat Mooring Field Assessment, City Engineer Power Point Presentation) C. Adjourn CRA Meeting 9. CONVENE AS BOARD OF ADJUSTMENT A. Call to Order and Roll Call 79-81 B. Approval of Minutes - Excerpt of 11/18/15 (Excerpt of Council/BOA minutes) 82-104 C. Quasi -Judicial Hearing on Request from Brian Frazier, 851 Williamson Avenue Variance Requested from Section 54-2-7.13(b)(4) of the Sebastian Land Development Code to allow a boat to be parked in the driveway in front of the house, whereas the Code requires the boat to be located behind the front building line, and in no event less than 25 feet from the front house line, or be located wholly within a carport or garage. • Mayor opens hearing • Attorney reads title • City Council Members disclose ex -parte communication • City Clerk swears in all who intend to provide testimony • Applicant or applicant's agent makes presentation • Staff presents findings and analysis • Council asks questions of the applicant and staff • Mayor opens the floor for anyone in favor of the request (anyone presenting factual information • shall be sworn but anyone merely advocating approval need not be sworn in) • Mayor opens the floor for anyone opposing the request • Applicant provided opportunity to respond to issues raised by staff or public • Staff provided opportunity to summarize request • City Council deliberation and questions • Mayor calls for a motion \ City Council Action D. Adjourn Board of Adjustment Meeting 10. RECONVENE AS CITY COUNCIL 3 of 130 CmLT BAST HOME OF PELICAN ISLAND Growth Management Department Variance Application - Staff Report Project Name: Frazier Boat in Front Yard 2. Requested Action: Variance requested from Section 54-2-7.13(b)(4) of the Sebastian Land Development Code to allow a boat to be parked in the driveway in front of the house, whereas the code requires the boat to be located behind the front building line, and in no event less than 25 feet from the front lot line, or be located wholly within a carport or garage. 3. Project Location a. Address: 851 Williamson Avenue b. Legal: Lot 15, Block 127, Sebastian Highlands Unit 4 C. Parcel: 31-38-11-00001-1270-00015.0 4. Project Owner: Brian A. Frazier 851 Williamson Avenue Sebastian, FL 32958 843-819-8850 5. Project Surveyor: Thomas Cecrle, P.L.S. Cecrle Land Surveying, Inc. 10749 Highway U.S. 1, Suite A Sebastian, FL 32958 772-388-0520 6. Project Description: a. Narrative of proposed action: Brian Frazier is requesting a variance to allow him to park his boat in the driveway in front of his house. The boat is 19 feet long, and together with the boat trailer measures approximately 22 feet in length. When parked as close as possible to the garage door, the boat and trailer is approximately 14 feet from the property line and totally within the front yard setback. b. C. d. Mr. Frazier has received a notice of violation from Code Enforcement and is seeking a variance for relief from the following code: Section 54-2-7.13(b) Parking and storage of recreational vehicles. Recreational vehicles as described herein may be parked, stored or placed on any improved lot in any residential district, provided that: (4) The recreational vehicle is located to the rear of the front building line, and in no event less than 25 feet from the front lot line, or is located wholly within a carport or garage. Current Zoning: RS -10 (Single -Family Residential) Adjacent Properties: Site Characteristics (1) Total Acreage: .23 acres (2) Current Land Use(s): residence (3) Water Service: public water (4) Sanitary Sewer Service: septic system 7. Staff Comments: The attached survey of the Frazier property has been enhanced to show the front building line as well as the boat area. In addition, Mr. Frazier has provided a narrative attached to his application that explains his reasoning in support of the variance. As additional backup, he has also provided photos of other boats which he has stated are, "in full sight of the road and other neighbors". Addresses were not provided for these photos. Staff has analyzed the variance request based on the city codes. The attached Board Criteria for Determining Variances outlines the staff findings. 2 Zonin Current Land Use Future Land Use North: RS -10 residence LDR East: RS -10 residence LDR South RS -10 residence LDR West: RS -10 residence LDR Site Characteristics (1) Total Acreage: .23 acres (2) Current Land Use(s): residence (3) Water Service: public water (4) Sanitary Sewer Service: septic system 7. Staff Comments: The attached survey of the Frazier property has been enhanced to show the front building line as well as the boat area. In addition, Mr. Frazier has provided a narrative attached to his application that explains his reasoning in support of the variance. As additional backup, he has also provided photos of other boats which he has stated are, "in full sight of the road and other neighbors". Addresses were not provided for these photos. Staff has analyzed the variance request based on the city codes. The attached Board Criteria for Determining Variances outlines the staff findings. 2 8. Board Criteria for Determining Variances: See attached analysis. 9. Staff Recommendation: After analysis of the board criteria for determining variances, staff recommends denial of the requested variance to allow a boat to be parked in front of the front building line for the property located at 851 Williamson Avenue. 10. Board Action: Conduct quasi-judicial hearing to consider the requested variance. r ared by CJ 3 / - zo-/Cv Date BOARD CRITERIA FOR DETERMINING VARIANCES Section 54-1-2.5 In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must use the following criteria for approving or denying a variance: a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Meets Standard Yes ❑ No This is a standard 10,000 SF lot in the Sebastian Highlands. The house meets all setbacks, including the 10' side yard setback. A vast number of homes throughout Sebastian are constructed with a 10' to 11' side yard setback. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes ❑ No (7' The applicant has created the situation by parking the boat in the front yard, an area prohibited for storage of recreational vehicles. C. Special privileges not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Meets Standard Yes ❑ No W Mr. Frazier's property is an interior lot. All other residential interior lots are denied this privilege. Corner lots are allowed to use the secondary front yard area provided they maintain a minimum 20' setback. d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Meets Standard 0 Yes ❑ No C� Storing the boat in front of the house is not a right commonly enjoyed by other properties in the same zoning district. e. Only the minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Meets Standard Yes 5K No ❑ Mr. Frazier is asking for a variance for this specific boat. If he gets a larger boat, he agrees to find another location to store it. I. Not iniurious to public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Meets Standard Yes ❑ No 31-^� Setbacks are designed to provide open areas and separation. In this case, recreational vehicles (including travel trailers, campers, boats, utility trailers and RV's) have been prohibited from storage in front yards to lesson visual clutter from the street and driveway areas. It must also be noted that storage of a recreational vehicle in the driveway may force vehicles normally parked in the driveway to park in the swale. Section 98-33 of the Code of Ordinances allows parking in the swale or shoulder when all available parking space within the driveway is occupied. g. Conditions and safeguards may be imposed. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 F.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. Meets Standard Yes ❑ No The owner has offered a number of conditions including: 1. If he purchases a larger boat, he will store it elsewhere. 2. If he sells the existing boat, the variance will terminate. 3. If he sells the home, the variance will not transfer to the new owner, and he will inform the prospective buyer of this condition. h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. Meets Standard Yes CAS No ❑ The owner has suggested that the variance expire when he sells the existing boat or when he sells the property. i. No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. Meets Standard Yes No ❑ The request is not a use -related variance. T IVO; -Do 2 sY- 2— I I eW x16FIT Of WAY) WILLIAMSO_N AVENUE -- - -- - aD - __q- (Booms- — - 1 (B9Y.16'M.) y'L S 89"46'30' E 897.07' P. }0. I W i (435.UPM) ga —" 382.07' P. N N 8e 8G UTLL� p I MIT 1 09 LOT 16 - Ln BLOCK 127 Lu AS TIALTI'MMENI ( I (SB9-4598'E79.91'M.) S 89046'30" E 80.00' P. -- LOT 15 m L BLOCK 127 a Q CON CCw'Yr z0.9' ;q COVERED Eo 12 4' 10.0'I FIs rw 10.0' UTILITY PUTT LOT 4 BLOCK 127 ONE STORY CONCRTE BLOCK RESIDENCE #851 FINISHED FLOOR ELM TION =54.3 0 28.0' w 10.0' COVERED PATIO 35.6' v Dim, z 3 By: City of sobo&n to- PIT 6 DI UTILITY 0. u1. POLE ' N 89046'30" W 80.00'P. / N 89"46'30• W W.ul' M. ) LEGAL DESCRIPTION: LOT 15, BLOCK 127, SEBASTIAN HIGHLANDS. UNIT 4, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5. PAGES 100 AND 101 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SURVEYOR'S NOTES: 1. BEARINGS SHOWN ARE BASED ON THE CENTERLINE OF WILLIAMSON AVENUE AS S 89-46'30'E AS PER RECORD PLAT. 2. NO INSTRUMENT OF RECORD REFLECTING EASEMENTS, SETBACK LINES RIGHTS OF WAY AND/OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS SHOWN. NO TITLE OPINION 15 EXPRESSED OR IMPLIED. 3. THIS SURVEY IS NOT INTENDED TO LOCATE EXISTING UNDERGROUND FOUNDATIONS, ENCROACHMENTS OR ANY IMPROVEMENTS EXCEPT AS SHOWN. 4. THE LOT SHOWN HEREON IS LOCATED IN FLOOD ZONE 'X' PER FLOOD INSURANCE RATE MAP 12061 COI 11 H, DECEMBER 4, 2012 5. ELEVATIONS BASED ON ASSUMED DATUM, ELEVATION 50.00 ASSUMED ON THE CENTERLINE OF SEAHOUSE STREET. 6. DISTANCE ACCURACY FOR THIS TYPE OF BOUNDARY SURVEY 15 SUBURBAN, 1 FOOT IN 7,500 FEET, UNITED STATES STANDARD FEET. ABBREVIATIONS: P -PLAT M -MEASURED RYW-RIGHTOF WAY AIC -AIR CONDITION 4 -CENTERLINE COV. -COVERED PK -PARKER KALON (BRAND NAME) O.U.L.-OVERHEAD UTILITY LINES CONCCONCRETE PU&DE-PUBLIC UTILITY& DRAINAGE EASEMENT PLS.PROFESSIONAL LAND SURVEYOR LB -LAND SURVEYING BUSINESS 0 33 yob � 435.00'P. I W i (435.UPM) ga ¢ 3 F200 -r Qul I olu� 4-- LIN O LOT 14 Lr; g BLOCK127 O^ Tn i Q O Ln LOT 5 BLOCK 127 BOUNDARY SURVEY CERTIFIED TO: INDIAN RIVER CARPENTRY, INC. LEGEND: O - FOUND 5/8' IRON REBAR WITH NO PLASTIC CAP •- FOUND 172' IRON REBAR WITH PLASIC CAP STAMPED 'L6 6426' p- FOUND NAIL 1-114' STEEL DISK fg -SET NAIL I - STEEL DISK PREPARED BY: CECRLE LAND SURVEYING, INC FLORIDA LAND SURVEYING BUSINESS #6637 • - ` ^F!'t.1 10749 HIGHWAY U.S. 1, SUITE A, SEBASTI�h'FLORIDA 32958 _ PHONE 772-368"0520 FAX 772-388-ZQt2 CERTIFIED CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUET IN- CONFORMITY WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO CHAPTER 51-17.050 FLORIDA ADMINISTRATIVE CODE, THIS SURVEY IS PREPARED - AND CERTIFIED FOR THE EXCLUSIVE USE OF THE CLIENT OR CLIENTS NAMED HEREON, THE SURVEY MAP AND REPORT OR THE,tOPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAIS trH FL RI CENSED SURVEYOR AND MAPPER.. TH-6MAS PAN LL CECRLE, BOUNDARY SURVEY UPDATE 413-1013 FORM BOARD LOCATION 1021"2013 I FINAL SURVEY 3-10-2014 1 SCALE 1'=20' 1 FIELD BOOK 58-24 1 SHEET 1 OF i I PROJECT NUMBER 04-76 1