HomeMy WebLinkAboutCase No 16-Var-1 FrazierBOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
Brian A. Frazier
Case No. 16 -VAR -1
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
THIS CAUSE came on for public hearing before the Board of Adjustment of the
City of Sebastian on January 27, 2016, and based upon the testimony and all of the
evidence presented, the Board of Adjustment enters the following:
FINDINGS OF FACT
1. BRIAN A FRAZIER has requested a variance to allow a boat to be
parked in the driveway in front of the house on his property located at
851 Williamson Avenue, whose legal description is Lot 15, Block 127,
Sebastian Highlands Unit 4.
2. The Land Development Code of the City of Sebastian, Section 54-2-
7.13(b)(4) 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. Public notice of this hearing was published on January 12, 2016, in the
Press Journal, a newspaper of general circulation in the City of
Sebastian. Notice of this hearing was also mailed to all property owners
within three hundred (300) feet of the subject property, as shown in the
records of the Property Appraiser of Indian River County, in accordance
with the requirements of the Land Development Code.
4. The Community Development Department of the City of Sebastian
identified the criteria for determining variances, Section 54-1-2.5, Land
Development Code. The Department found that a number of criterion
were not satisfied in the present application and recommended that the
Board of Adjustment deny the requested variance.
5. The applicant, Brian Frazier, spoke in favor of the variance.
6. Ben Hocker spoke in opposition to the variance.
CONCLUSIONS OF LAW
Based upon a careful consideration of the evidence presented, and the applicable
provisions of the Land Development Code of the City of Sebastian, the Board of
Adjustment hereby determines that the requirements for granting a variance have not been
satisfied. Specifically, these requirements are:
1. The existence of special conditions or circumstances;
2. The conditions were not created by the applicant;
3. Special privileges are not being conferred;
4. Hardship conditions exist;
5. Only the minimum variance is being granted;
6. There is no injury to the public welfare or to the intent of the ordinance;
and
7. This is not a use variance.
Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was
made to deny requested variance, in accordance with the staff report. Said motion was
made by Board Member Jim Hill, seconded by Mayor Richard Gillmor, and adopted by
the Board by a vote of 5 in favor and 0 against. Therefore, the requested variance was
DENIED.
DONE AND ORDERED in the City of Sebastian, Indian River County, Florida, this
27th day of January, 2016.
ATTEST:
Clerk to th oard of Adjustment
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CITY OF SEBASTIAN
Richard Gillmor, Chairman
Board of Adjustment
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HOME OF PELICAN ISLAND
Growth Management Department
Variance Application - Staff Report
1. 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.
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 font 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:
Adjacent Properties:
RS -10 (Single -Family Residential)
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.
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Zoning
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.
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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 aced by
Ltl
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 'Y'
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 C No
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
Yes ❑ No Cl%
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 No G
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.
f. 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 71 No
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.
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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 No
The owner has suggested that the variance expire when he sells the existing
boat or when he sells the property.
L 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.
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