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HomeMy WebLinkAbout03 23 2016 BOA Agenda w CouncilRecess City Council Meeting and Convene as Board of Adiustment A. Call to Order and Roll Call 20-22 B. Approval of Minutes — January 27, 2016 (Excerpt of Minutes) 23-41 C. Quasi -Judicial Public Hearing (Staff Report, Bldg Director Memo, Photos, Maps, LaCasse Response, Application) Linda Lacasse, in Regards to Lots 4 & 5, Block 304, Sebastian Highlands Unit 13, Located at 1643 Coral Reef Street, is Requesting a Variance to Install a 288 Square Foot Shed on the Property Where There is an Existing 890 Square Foot Detached Accessory Structure, for a Combined Total of 1178 Square Feet of Accessory Building Area, Whereas the Code Allows for a Maximum of 1000 Square Feet Total D. Adjourn Board of Adjustment Meeting 8. Convene as Community Redevelopment Agency A. Call to Order and Roll Call 40-42 B. Approval of Minutes — February 24, 2016 (Excerpt of Minutes) 43-58 C. Fiscal Year 2015 CRA Annual Report in Accordance with 163.356(3)(c ) Florida Statutes — Accept and Forward to City Council (Finance Director Transmittal, F.S.163.356(3)(c), Report) D. Adjourn Community Redevelopment Agency Meeting 9. RECONVENE AS CITY COUNCIL 10. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising hisrher hand to be recognized. 59-73 A. Approval of Minutes — February 24, 2016 Regular Meeting 74-82 B. Approval of Minutes — March 2, 2016 Special Meeting 16.044 C. Resolution No. R-16-06 — Authorizing City Manager Re: Transfer of Leasehold 83-110 Assets Between Cooper Trading Corp. Inc. dba Sebastian Aero Services and Fishe Flying Corp. (Transmittal, R-16-06, Cooper Trading Letter, 2000 Sebastian Aero Lease and Amendments, Transfer to Cooper Trading 7/10/10) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO REPRESENT THE CITY OF SEBASTIAN IN THE SALE/TRANSFER OF LEASEHOLD ASSETS BETWEEN COOPER TRADING CORPORATION dba SEBASTIAN AERO SERVICES AND FISHE FLYING CORP., PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE. 16.045 D. Accept Community Redevelopment Agency (CRA) 2015 Annual Report of Activities 111-126 as Required by FS and Announce Availability of Document to Public (Transmittal, Annual Report) 2 CM J SEBAST_1 HOME OF PELICAN ISLAND Community Development Department Variance Application - Staff Report 1. Project Name: LaCasse Coral Reef Shed 2. Requested Action: Variance requested from Section 54-2-7.5(c)(6) of the Sebastian Land Development Code to allow 1178 square feet of accessory building area (cumulative) on a double lot parcel, whereas the code allows the area not to exceed 1000 square feet. 3. Project Location 4. 5. a. Address: 1643 Coral Reef Street b. Legal: Lots 4 & 5, Block 304, Sebastian Highlands Unit 13 C. Parcel: 31-38-26-00001-3400-00004.0 Project Owner: Linda LaCasse 1643 Coral Reef Street Sebastian, FL 32958 772-200-8199 Project Surveyor: H. Kim Pickering, PLS Pickering & Associates 612 Holly Road Vero Beach, Florida 32963 772-231-9323 6. Project Description: a. Narrative of proposed action: Linda LaCasse purchased the property at 1643 Coral Reef Street in October 2014. The property has an existing 890 square foot storage building located on the second lot. A shed from her previous address in Port St. Lucie was relocated and placed onto her current property without a proper building permit. On March 27h, 2015, she was issued a Notice of Violation from the Code Enforcement Dept. Shortly after, Ms. Lacasse applied for the permit on April 1, 2015. III C. II Besides missing structural information, and consideration of the existing 890 SF storage structure, the building permit cannot be issued because of non-compliance with the following code: Section 54-2-7.5(c) General regulations of accessory buildings: (6) A residential lot will be allowed five square feet of accessory building area (cumulative) for every 100 square feet of lot area, not to exceed 1,000 square feet total. Attached garages, which are part of the original principal building design, will not be included in the cumulative total of accessory building area. Accessory structures which consist solely of screening and beams and supports for the screening material (such as screen enclosures for swimming pool areas) will not be included in the cumulative total of accessory building area. Ms. LaCasse is seeking a variance for relief from the code in order to be able to get a building permit issued for the additional shed. Current Zoning: RS -10 (Single -Family Residential) Adjacent Properties: Site Characteristics (1) Total Acreage: .46 acres (2) Current Land Use(s): residence (3) Water Service: public water (4) Sanitary Sewer Service: septic system 7. Staff Comments: Because of the inactivity of resolving the Notice of Violation, this case was brought before the Special Magistrate for a hearing in February 2016. The hearing was tabled pending a decision of this variance request. 2 Zoning Current Land Use Future Land Use North: RS -10 residence LDR East: RS -10 residence LDR South RS -10 vacant LDR West: RS -10 residence & vacant LDR Site Characteristics (1) Total Acreage: .46 acres (2) Current Land Use(s): residence (3) Water Service: public water (4) Sanitary Sewer Service: septic system 7. Staff Comments: Because of the inactivity of resolving the Notice of Violation, this case was brought before the Special Magistrate for a hearing in February 2016. The hearing was tabled pending a decision of this variance request. 2 Staff has analyzed the variance request based on the city codes. The attached Board Criteria for Determining Variances outlines the staff findings. 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 additional accessory building area over 1000 square feet for the property located at 1643 Coral Reef Street. 10. Board Action: Conduct quasi-judicial hearing to consider the requested variance. Prepared by 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 62 The land consists of a standard interior lot joined by a Unity of Title to a platted comer lot consisting of a total .46 acres or 20,038 square feet. There is an existing residential structure on the interior lot, and an existing 890 sf storage structure on the comer lot, all in compliance with current Land Development Codes with regards to size, use, setbacks, etc. 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 GY The applicant created the situation by installing the 288 SF shed on the property without a proper building permit, and was issued a Notice of Violation on March 27, 2015 from the Code Enforcement Department. 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 i/ Accessory structures over a certain size (500 sf) require a review by the Planning and Zoning Commission. Many times when past applications have brought the total accessory building area on that property to above the 1000 square feet allowed, as a condition of approval, the Commission has required the additional storage structures to be removed. Those property owners were not allowed additional accessory building area over 1000 square feet. rd 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 Q There is an 890 square foot storage building already existing on the property. 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 L9 No ❑ Ms. LaCasse is asking for a variance for a specific amount of overage— 178 square feet. f. Not injurious 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 (3 Although a variance approval would not create any hazardous conditions for the neighborhood or adjacent residents, the intent of the code, as discussed when adopted in 1998, was to create a maximum accessory building area for residential properties that would not surpass the minimum living area required in the residential zoning districts, creating a harmonious blend of residences and accessory structures. Previously, the code did not specify a maximum, and lot owners of multiple adjacent lots could have had larger accessory structures than the residences themselves as long as setbacks were met. 2. 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 If approval of the request is granted, staff suggests the following condition: 1. The variance is for the specific 288 SF shed only, and does not confer approval rights to any replacement structures if the shed is removed from the property. It. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall continence and/or complete the subject actions and conditions approved by the board. / Meets Standard Yes Cy No ❑ A building permit must still be received for the shed, and a hearing held before the Special Magistrate in February regarding this matter has been tabled pending the outcome of this variance request. If the variance is granted, an amount of time certain should be made for the applicant to get a permit for the shed, complying with all Building Dept. requirements. 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 6 No ❑ The request is not a use -related variance. Lmc� 5T1AN HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 • FAX (772) 589-2566 MEMORANDUM Date: March 15, 2016 To: City of Sebastian Board of Adjustments From: Wayne Eseltine, Building Director Subject: 1643 Coral Reef St. request for variance In regards to the property located at 1643 Coral Reef St. in Sebastian, in 2009 the property received a violation for converting what was originally permitted in 1983 as a garage and storage building into living quarters. After a Special Magistrate hearing in 2010 a fine was levied for the violation that still existed for the non -conforming structure. The property at some point went into foreclosure. The bank eventually took the property over, the fine was reduced by council and permits were obtained in 2013 to remove portions of the interior to restore the accessory structure back to storage and the bank owned property was now in code compliance. The new owners have relocated a used shed onto their property that requires a building permit and because of the size of accessory structures, it also requires a variance. For the record, the owners originally came into the building department to inquire about a permit for the shed. Our staff asked if it was a manufactured shed and if they ever had a permit for the shed from their previous address in another city when it was installed new. The owners stated they did have a shed permit from their previous location. We told them that we may be able to re -use the original paperwork from the shed manufacturer if they can get them from the original permit documents. To date we have only received a copy of a receipt from the previous permit. We have not received the requested documents from the shed manufacturer showing the tie -down details which we will need in order to issue a permit provided the variance is granted. Also, note that sometime later, the owner came to our office to speak to me and we had a long conversation in our conference room regarding the history of the property and the shed requirements. Jan King was also present in this meeting to speak on the zoning requirements. We offered as much help as possible the conversation was cordial, professional and intended to help them understand the code and resolve their issues.