HomeMy WebLinkAbout07-07-2016 PZ AgendaMa
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HOME OF PELICAN ISLAND
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248
AGENDA
PLANNING AND ZONING COMMISSION
THURSDAY, JULY 7, 2016 — 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF COMMUNITY DEVELOPMENT
1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. ANNOUNCEMENTS AND/OR AGENDA MODIFICATIONS
Modifications and additions require unanimous vote of members. Deletions do not apply.
5. APPROVAL OF MINUTES Regular meeting of May 19, 2016
6. QUASI-JUDICIAL PUBLIC HEARINGS
• Chairman opens hearing, attorney reads ordinance or resolution or title
• Commissioners disclose ex -parte communication
• Chairman or attorney swears in all who intend to provide testimony
• Applicant or applicant's agent makes presentation
• Staff presents findings and analysis
• Commissioners asks questions of the applicant and staff
• Chairman opens the floor for anyone in favor and anyone opposing the request (anyone presenting
factual information shall be sworn but anyone merely advocating approval or denial need not be sworn
in)
• Applicant provided opportunity to respond to issues raised by staff or public
• Staff provided opportunity to summarize request
• Commission deliberation and questions
• Chairman calls for a motion
• Commission Action
A. Quasi -Judicial Public Hearing — Conditional Use Permit — New Model Home — 131
Sandcrest Circle — Holiday Builders
B. Quasi -Judicial Public Hearing — CR512 Overlay District Waiver — CR512 Plaza —
645 Sebastian Boulevard — Waiver Request from Awning Size, Amount of Signage,
and Color Standards — LDC Sections 54-4-21 B: 3(c)(2)i, 4(b)(6), & 6(g)(2)c
UNFINISHED BUSINESS
A. Discussion — Upcoming Land Development Code Amendment — Article XVI. Signage
and Advertising — Mr. Robert Ginsburg, City Attorney
8. PUBLIC INPUT
Public Input on items other than on the printed agenda, is five minutes, however, it can be extended
or terminated by a majority vote of members present
9. NEW BUSINESS
A. Accessory Structure Review — LDC Section 54-2-7.5 — 550 Carnival Terrace - 18'X
36' Detached Carport — Edgar Medina
10. COMMISSIONERS MATTERS
11. CITY ATTORNEY MATTERS
12. STAFF MATTERS
13. ITEMS FOR NEXT AGENDA
14. ADJOURN
HEARING ASSISTANCE HEADPHONES AREA VAILABLE IN THE COUNCIL CHAMBERS FOR ALL
GOVERNMENT MEETINGS.
All Planning and Zoning Commission Meetings are Aired Live on Comcast Channel 25.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR A T 589-5330 AT
LEAST 48 HOURS IN ADVANCE OF THIS MEETING.
06
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HOME OF PELICAN ISLAND a. E ~
1225 MAIN STREET, SEBASTIAN, FLORIDA 32958 C 0
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PLANNING AND ZONING COMISSION U lA
MINUTES OF REGULAR MEETING ;
MAY 19, 2016 — 6:00 P.M. cc C C a o
CALL TO ORDER p a a
Chairman Roth called the meeting to order at 6:01 P.M. W N <CL Q V
PLEDGE OF ALLEGIANCE
ROLL CALL
Members present
Mr. Roth
Mr. McManus
Mr. Dodd
Ms. Kautenburg
Mr. Hughan (a)
Mr. Carter
Mr. Reyes
Mr. Alvarez (a)
Excused
Mr. Qizilbash
Staff members Present
Marissa Moore, Community Development Director
Robert Ginsburg, City Attorney
Dorri Bosworth, Planner
ANNOUNCEMENTS AND/OR AGENDA MODIFICATIONS
Chmn. Roth stated that Mr. Qizilbash was excused from the meeting and Mr. Hughan would
vote in his place. Chmn. Roth asked the Commissioners if they would like to do New
Business first since the project engineer for the site plan was running late. There was a
unanimous voice vote to modify the agenda.
APPROVAL OF MINUTES
April 7, 2016 minutes. MOTION by Mr. Dodd. Second by Mr. Reyes. Chmn. Roth noted a
scrivener's error on page one and asked staff to double check the motion on 163 Copley to
make sure it's in order. Unanimous voice vote to approve.
NEW BUSINESS:
Planning and Zoning Commission Page 1
Thursday May 19, 2016
�cr
A. DISCUSSION OF SECTION 54-2-7.5(c)(5) GENERAL REGULATIONS OF ACCESSORY
BUILDINGS - "QUONSET -TYPE OR STYLE STRUCTURES"
Ms. Bosworth says 2-3 times a week people come in with plans for accessory buildings and the
buildings over 500 SF go before the Commission. "Quonset -type or style structures" is not clear
in the code and would like guidance from the Commission. Dissuasion on what buildings are
identified as Quonset huts. Code currently allows Quonset style if they have interior posts,
trusses or support beams. But doesn't say you can't have one if you have the inside structure
and support. Staff would like to say if there are rounded corners on the structure that is a
Quonset type and not allowed. Staff believes that some are not as offensive as the corrugated
metal structure. This is the code for residential properties. There are probably places it wouldn't
fit but we are not a gated sub -division, we are a riverfront town. Suggests writing language that
the unattached structure match the aesthetics of the house. Commission instructs Mr. Ginsburg
and staff will work on re -wording the code and present it to the Commission.
QUASI-JUDICIAL PUBLIC HEARINGS
A. QUASI-JUDICIAL PUBLIC HEARING - SITE PLAN MODIFICATION - PARK PLACE MOBILE
HOME PARK - 2,000 SF ADDITION TO CLUBHOUSE AND 1,900 SF NEW SALES CENTER
- 2051 BARBER STREET - PLANNED UNIT DEVELOPMENT/MOBILE HOME (PUD -MH)
ZONING DISTRICT
Chmn. Roth asks if there are any ex -parte communications. There were none. Chmn. Roth
has possible conflict because he lives at Park Place and recuses himself and turns gavel
over to Vice Chmn. Reyes and leaves the room. Mr. Ginsburg swears in participants.
Joseph Schulke PE presents the project. Park Place was built in the 8Os. They would like to
do renovations to the clubhouse and move sales staff and administration out of the building
to a new 1900 sq. ft. building that they will use for sales. Additional parking has been added
for new building. He has received the St. John's permit.
Mr. McManus commends Park Place for the new improvements.
Public in favor of request:
Russel Watson, President of HOA is strongly in favor of the request.
Opposition of request:
Linda Osborne is concerned about parking. There are 56 spaces and 450 homes and there
is not enough parking when events take place at the clubhouse. Also there is no place for
trash receptacles.
Ms. Bosworth recommends approval with the condition of replanting of a tree to replace the
one being taken out.
MOTION by Ms. Kautenburg "I move that these plans be approved as submitted with the
recommendation of staff to replace the specimen oak." Mr. Dodd seconds.
Planning and Zoning Commission Page 2
Thursday May 19, 2016
ROLL CALL: Mr. Hughan (a) yes
Mr. Alvarez (a)(for Roth) yes
Mr. Reyes yes
Mr. Dodd yes
The vote was 7-0. Motion carried.
Chmn. Roth returns to meeting.
UNFINISHED BUSINESS: None
PUBLIC INPUT: None
ITEMS FOR NEXT AGENDA: None
COMMISSIONERS MATTERS:
Mr. McManus yes
Ms. Kautenburg yes
Mr. Carter yes
Mr. Dodd has filed to run for City Council. He does not believe it will impact his work on the
commission before the election.
Mr. Reyes asks about swale drainage. They are un -mow able and filled with water. Would
like feedback from the City Engineer at the next meeting.
CITY ATTORNEY MATTERS: None
STAFF MATTERS:
Ms. Moore says there will be revisions to signage coming in future meetings. Mr. Ginsburg
adds that the reason for sign code changes is because of a Supreme Court ruling which
applies across the country. Anyone who is interested can read the backup.
Mr. Alvarez asks about selling vehicles at house on Barber Street. He sees a lot of cars for
sale on Saturday. Mr. Roth adds that by Meeks Plumbing there are RVs in the parking lot for
sale. Staff will check with code enforcement.
ADJOURN:
Chairman Roth adjourned the meeting at 6:49 p.m.
/kk
Planning and Zoning Commission Page 3
Thursday May 19, 2016
I
2.
3.
4.
CMOF
SEBA$T�N
HOME OF PELICAN ISLAND
Community Development Department
Conditional Use Permit Application - Staff Report
Model Home
Project Name: Holiday Builders SandCrest Model Home
Requested Action: Approval of a conditional use permit for a new model home.
Project Location:
a. Address: 131 Sandcrest Circle, Sebastian
b. Legal: Lot 42, SandCrest PUD Subdivision Phase 1
Project Owner:
a. Name: Holiday Builders
b. Address: 2293 W. Eau Gallie Boulevard
Melbourne, FL 32935
c. Agent: Richard Brown, Troy Smith
5. Project Description:
a. Narrative of proposed action: Holiday Builders is requesting a model home permit
for the single-family residence under construction at 131 Sandcrest Circle. Required
parking will be located on the adjacent Lot 43 which will include gravel parking, a paved
handicapped parking space, and an ADA accessible portable restroom.
b. Current Zoning:
PUD -R
C. Adjacent Properties:
Zoning
Current Land Use
Future Land Use
North:
PUD -R
vacant
MDR
East:
RM -8
apartments
MDR
South:
PUD -R
vacant
MDR
West:
PUD -R
stormwater lake
MDR
d. Site Characteristics:
(1) Total Acreage: .11 acres + .11 acres
(2) Current Land Use: house under construction + vacant
6. Required Findings:
Conditional Use Criteria:
Does
Does Not
Comply
Comply
a. Be so designed, located, and proposed to be operated so that
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the public health, safety and welfare will be protected.
materials ore ui ment stored at model.
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b. Not present an unduly adverse effect upon other properties in
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the impacted area in which it is located. The scale, intensity
conform tci code; not to exceed 6 sfmax. 6'hi hre
and operation of the use shall not generate unreasonable
or tffim ediment from house illumination.e
noise, traffic, congestion or other potential nuisances or
5 parking spaces, 10' from side property line, 30' fromr.
hazards to contiguous residential properties.
C. Conform to all applicable provisions of the district in which
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the use is to be located.
d. Satisfy specific criteria stipulated for the respective
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conditional use described in subsection 54-2-6.4(29).
Conditional Use Criteria:
8. Additional Considerations: Applicant will need to verify, for the record, that no
construction materials or equipment will be stored at the model. The model sign requires a
separate building permit where the size of the copy area will be clarified (vs. total size, as may be
stated on application), and landscape lighting for the sign is allowable. If approved, flags (with
the exception of the American flag), and off -premise signs are prohibited. [Note: The
application states the sign size is 4'X 8', whereas the conditional use criterion allows a maximum
of 6 SF and maximum height of 6 feet.]
The remaining areas of the adjacent Lot 43 not graveled and used for parking should be seeded
and/or sodded. Although at this time the minimum trees for the parcel will not be required, some
landscaping for the parking area should be considered. The minimum tree requirement for the
model home lot is required (5), and will need to be planted by time of issuance of the Certificate
of Occupancy.
Does Does Not
Comply Comply
be used as contractors main office.
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district re lations for lot and and dimensions.
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C.nstruction
materials ore ui ment stored at model.
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WBusiness
ess hours of 9:00 a.m. to 6:00 .m. Limit of two staff.ns
conform tci code; not to exceed 6 sfmax. 6'hi hre
or tffim ediment from house illumination.e
5 parking spaces, 10' from side property line, 30' fromr.
8. Additional Considerations: Applicant will need to verify, for the record, that no
construction materials or equipment will be stored at the model. The model sign requires a
separate building permit where the size of the copy area will be clarified (vs. total size, as may be
stated on application), and landscape lighting for the sign is allowable. If approved, flags (with
the exception of the American flag), and off -premise signs are prohibited. [Note: The
application states the sign size is 4'X 8', whereas the conditional use criterion allows a maximum
of 6 SF and maximum height of 6 feet.]
The remaining areas of the adjacent Lot 43 not graveled and used for parking should be seeded
and/or sodded. Although at this time the minimum trees for the parcel will not be required, some
landscaping for the parking area should be considered. The minimum tree requirement for the
model home lot is required (5), and will need to be planted by time of issuance of the Certificate
of Occupancy.
The model home permit expires one year from the date of approval, and may be renewed. At the
time the model home permit expires and will no longer be renewed, the contractor will be
responsible for removal of the parking area, portable restroom, connecting sidewalk, all signage,
and conversion of the model home sales area into a standard residential garage. Staff is
requesting a notarized affidavit from Holiday Builders to memorialize this responsibility.
9. Conclusion: The proposed use is consistent with Section 54-2-6.4(29) of the Land
Development Code of the City of Sebastian, with conditions listed below.
10. Recommendation: Staff recommends approval of this model home permit for a one-year
period conditional on the following:
1. No construction materials or equipment will be stored at the model
2. Obtain a building permit for the model sign
3. Landscaping provided for the parking area
4. Submittal of an affidavit regarding the removal and replacement of the model home
amenities when the model home use ceases
Prepared by Date
CONDITIONAL USE CRITERIA § 54-2-6.4
3. Antobiles, trucks and recreational vehicles may be stored in designated
areas as wn on the approved site plan. All other proposed outside storage
shall be revieVed and approved by the planning and zoning
commission.
4. One management offlcce.may be included provided it not exceed 400
square feet.
5. No occupational licenses other than I —the main use (storage) shall be
permitted.
6. No sales, garage sales, m acturing or repair permitted. However, this
does not preclude use as a depot for such purposes as franchised
distribution o emporary storage for contractor supplies
7. There e all not be any storage of flammable, toxic, highly combustible or
other hazardous materials or substances.
(29) Model homes:
a. Applicable zoning districts. Model homes shall be permitted as a conditional use
within the following zoning districts: RE -40, RS -20, RS -10, RM -8, RMH, CWR,
and approved residential uses in a PUD.
b. Conditional use criteria. Model homes will be allowed providing the following
conditions are met:
I. Model homes shall be regulated through the issuance of a model home
permit. The permit shall be issued for a period not to exceed one year. The
planning and zoning commission may renew said permit upon application,
provided that the model home has been constructed and operated in
accordance with this Code.
2. A permit holder may not use the model home as his or her principal place of
business. The model home shall be used for display purposes only, and not
as a contractor's office, real estate office, or annex thereof. However, price
quotations may be given and binders may be executed on the premises.
3. The model home shall meet all district requirements for lot and yard
dimensions.
4. No construction materials or construction equipment may be stored in the
model, on the site, or on adjoining sites.
5. Business activity may be conducted at the model home only between the
hours of 9:00 a.m. and 6:00 p.m., seven days per week; and not more than
two permanent employees (in addition to the owner thereof) shall be
authorized to remain in the model during the business day.
6. Model homes with a valid conditional use permit may have one sign not to
exceed six square feet and shall not be higher than six feet. Such signs may
be illuminated and shall conform with the city sign ordinance.
7. Model homes may be illuminated, but only for security purposes and shall
not cause a glare or infringe on neighboring properties or impede traffic.
Supp. No. 13 LDC6:15
§ 54-2-6.4 SEBASTIAN LAND DEVELOPMENT CODE
8. At least five parking spaces shall be provided on the same lot as the model,
or on a contiguous lot, owned by the contractor or developer, or in the street
right-of-way immediately in front of said model, and shall be maintained so
long as the model home is used as such, as follows:
(a) A plan for all parking facilities shall be submitted to the city engineer
and approved by the city engineer prior to the issuance of a permit.
(b) Any parking area which is located on a corner lot shall be designed so
as not to obstruct the view of approaching traffic.
(c) Ingress and egress to the parking area shall be a minimum of 30 feet
distant from any corner and also a minimum distance of ten feet from
an interior property line.
9. Where a violation of these restrictions on the use of model homes is
determined to exist by the code enforcement board pursuant to the proce-
dures set forth in division 2 or article VI of chapter 2 of the Code of
Ordinances, the certificate authorizing such model home use shall be
revoked and no such certificate shall be reissued for a period of one year
following the date of the entry of the order of the code enforcement board
finding the existence of such violation.
10. With respect to model homes in either the RMH or PUD (MH) zoning
districts, conditions stated in subparagraphs (4) and (9), above, may be
waived only for mobile home models (removable) when more than two such
models are to be placed in a cluster as part of a sales center.
(30) Nursing homes (including rest homes or convalescent homes):
a. Applicable zoning districts. Nursing homes shall be permitted as a conditional
use within the following zoning districts: RM -8, C-512, CL, CG, and CR.
b. Conditional use criteria. Nursing homes will be allowed provided thefallowing
conditions are met: `' �!
L No building or structure shall be located closer than 3 bet to any lot line
which abuts a residential district' -d '
2. No off-street parking shall be located close? than 15 feet to any lot line which
abuts a residential district. /
3. Adequate provisions shall be ma or service vehicles with access to the
building at a side or rear ent nee.
4. Screening: All side and ar yards shall be screened in accordance with the--,,
standards establis in section 54-3-14.16 of this chapter.
5. Building desogfi shall incorporate provisions for safety which mandate rear
and frogt oors for emergency evacuation and require a safe and convenient
design of internal systems for the transport of patients within these
facilities. Sprinkler systems approved by the building official shall be
required.
Supp. No. 13 LDC6:16
SITF DATA
OWNERIAPPLICANT.
HOLIDAY BUILDERS
-
2293 W. EU GALLIE BLVD.
MELBOURNE, FL 32935
(321) 610-5914
ENGINEER:
SCHULKE, BITTLE AND STODDARD, LLC
1717 INDIAN RIVER BLVD, SUITE 201
VERO BEACH, FL 32960
(772) 770-9622
SURVEYOR:
MERIDIAN LAND SURVEYORS
1717 INDIAN RIVER BLVD, SUITE 201
VERO BEACH, FL 32960
(772) 794-1213
TAX I.D. NO.:
30-38-30-00003-0000-00000.4
31-38-01-00000-7000-00001.0
I/ o _• FA Wolif ,pry •••
31-38-01-00000-7000-00003.0
PROPOSED TEMPORARY PARKING AREA:
SITE LOCATION:
LOT 43, SANOCREST SUBDIVISION
PROPOSED MODEL HOME:
SITE LOCATION:
LOT 42, SANDCREST SUBDIVISION
FLOOD ZONE: 'XPER FEMA FIRM MAP NO. 12061 C0089 E,
EFFECTIVE DATE: DECEMBER 04, 2012
EXISTING LAND USE: MEDIUM AND LOW DENSITY
EXISTING ZONING: PUD
STATEMENT OF USE:
PROPOSED TEMPORARY PARKING AREA AND ADA
ACCESSIBLE PORTABLE RESTROOM AND MODEL HOME ON
LOT 42 AND 43 OF SAN DCREST SUBDIBVISION
PROVIDED PARKING
COMPACT 0 SPACES
STANDARD 4 SPACES
HANDICAP 1 SPACES
TOTAL SPACES PROVIDED 5 SPACES
LOCATION MAP
LOCATION MAP
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INSTALL BRICK PAVER H.C. PARKING AREA &
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2015 EDITION. AREA SHALL BE SLOPED AT NO
GREATER THAN 2% CROSS SLOPE AND 2%
LONGITUDINAL SLOPE.
4" STABILIZED ROCK
PARKING AND
DRIVE AISLE
PROPOSED TRACT A
STORMWA TER
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SET 5/8" IRC
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— — — — — — — — — — — — — — — — --
Permit Application No.
City of Sebastian
Development Order Application
Address: t
aa93 V tau, ("'q (31va1 e.lbourne. 11 3ag35
Phone Number: (�u 61 FAX Number: ( )
E -Mail:
.3ai o -ogai
Owner If different from applicant)
Name:
Address:
Phone Number: ( ) FAX Number: ( )
E -Mail:
I We of permit or action requested:
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11° COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project Name (if applicable):
rB.SlteInformation: �31 Block: Unit: Subdivision:
San
Indian River County Parcel #:
Zoning Classification: Future Land Use:
Existing Use: Proposed Use:
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary):
�I.tl Hers Mntl�l N m
DATE RECEIVED: �f lao / ((0 FEE PAID: $-&2.25L— C RECEIVED BY: K -K,
Remxw-, 4 s iso �yA`' *
Permit Application No.
D. Project Personnel:
Agent:
Name: iYloS, C
��u.�pr1$
tt
�hU.ck
�1
Address
50'1
�j hWA
AIA S,,� +e- C- I
Phone Number: ( )
77
q —
93`F9�
FAX Number: ( )
E -Mail:
Aft
Name:
Address
Phone Number: ( )
FAX Number: ( )
E -Mail:
Engineer:
Name:
Ari 6 A f
FF ?f ri
Teeh -Ari
Address
A I
B H;c_!C:.Q TI,
3a9"1(o
Phone Number: ( )
FAX Number: ( )
E -Mail:
Surveyor:
Name:
Charles
i3jcLnch0rj
McY`td �n
Land ,
Address
1-71
e.r Blvd Suikdol Vero 6eck
rs
41. 3 ciG&
Phone Number: (,I-IA)
13
FAX Number: ( )
E -Mail:
I, K'WehgYA )V OI.Jn BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER / I
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
SIGNATURE DATE
SWORN TO AND SUBSCRIBED BEFORE ME BY �Rka gr I 3yOL0 r)
WHO IS PE ME OR PRPDUCED
AS IDENTIFICATION DAY OF 20,�_.
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION NO./EXPIRATION
SEAL:
LEEANNAUSTN
* MY COMMISSION i FF 199550
EXPIRES: June 6, 2019
"" ..{Ox.°" Bonded Toro Budget Notary Sardines
Permit Application No.
The following is required for all comprehensive plan amendments, zoning amendments
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
I/WE, THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE _ VZ. Clv Mal IS6M
BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY/OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE IME MAY HAVE, DUE TO THE QUASI—JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED,
OR 7754�44
E, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
- _-
SIGNATURE 4 r %�
DATE
Sworn to and subscribed before
who is p rsona e o
as identification, this i " day 1
Notary's Signature
Printed Name of Notary
Commission No./Expiration
Seal:
20}PRY eUB��c LEEANN AUSTIN
* * MY COMMISSION C FF 19M
EXPIRES: June 6, 2019
o,'re���P� BondMTt,ru Budges NOYry9ervkes
APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE
CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE
APPLICANT,
ACKNOWLEDGMENT DATE
Permit Application No.
Supplemental Information
Conditional Use Permit, Model Home
/ 1. Type of permit : _6itial application _ renewal
_ 2. Describe the hours of business: y - [�
3. Describe any on -premise signs (size and location).
/no M/he4Ct5ti
4. Is the
proposed
model home
to be illuminated? If so,
describe illumination
plan.—VPS
lU�
�VlL4g e 19*7WS QA
ltyh<
_ 5. Attach the following:
a. A list of the names and addresses of all owners of parcels of real
property within three hundred (300) feet of the parcel to be considered.
_ b. A survey of the lot where the model home is located showing the location
of the required five parking spaces, any signs, and any illumination.
6, Describe how the proposed use is designed, located, and proposed to be
operated so that the public health, safety and welfare will be protected. If not,
why not:
RECEIVED
_AUf i 2 2015
City of Sebastian
Commun;b r�-;�
Permit Application No.
_ 7. Describe how the propose use will not adversely effect other properties. If not,
why not:
CITY of
T1
r
HOME OF PELICAN ISLAND
Community Development Department
Waiver Request - Staff Report
1. Project Name: 512 Plaza
2. Requested Action:
a. A waiver from Section 54-4-21.B.3(c)(2)i. of the Land Development Code to allow
the north facade of the building to have an awning that runs continuously for more
than 30% of the length of the fagade;
b. A waiver from Section 54-4-21.B.4(b)(6) to allow an awning color that is not
included in the Overlay Districts master color list; and
c. A waiver from Section 54-21.B.6(g)(2)c to allow lettering and logos on canopy
fascia to be greater than 33% of the fascia area of the north elevation.
3. Project Location
a. Address:
b. Legal:
4. Project Owner:
5.
Project Agent:
7. Project Description:
645 Sebastian Boulevard
On file
Francisco Seruidio
4601 Highway AIA #202
Vero Beach, Florida 32963
Robbie Berlingieri
1525 34`s Avenue
Vero beach, Florida 32960
a. Narrative of proposed action: Mr. Seruidio, in regards to replacing an awning
at 645 Sebastian Boulevard, is requesting a waiver from the following::
a. "Section 54-4-21.B.3.(c)(2)i. "Facades that appear to be
primarily awnings are prohibited. An awning shall not run
continuously for more than 30% of the length of any single
facade. Placement of awning segments shall relate to building
in
C.
features (e.g. doorways and windows), where possible. Awning
segments shall not exceed 25% of the length of any single
facade."
The proposed awning is 120 feet in length and is proposed to run continuously for
the full length of the building. Per code, the maximum permitted length of the
awning is 40.5 feet (30% of the length of the fagade). The proposed awning is
79.5 feet longer than is permitted by code.
b. Section 54-4-21.13.4(b)(6) "Awning colors. Awning colors
may include base building colors and/or secondary building
colors and/or trim colors."
The proposed awning colors are "white & aquamarine" (per contractor's
description), shown in Attachment A. The proposed color is not included in the
Overlay District's master color list.
c. Section 54-21.13.6(g)(2)c "Lettering, logos, and trim colors
on canopy fascia shall be considered a wall sign and shall
be limited to 33% of the fascia area of any one elevation."
The fascia area of the awning as proposed is 480 square feet. A maximum of
158.4 square feet of lettering, logos and trim colors would be permitted by the
code. The proposed lettering and logos are 150 square feet. The proposed trim
is 240 square feet. In total, the proposed lettering, logos, and trim are 390
square feet, which is 231.6 square feet over the amount permitted by code.
Current Zoning: C-512
Adjacent Properties:
d. Site Characteristics
(1) Total Acreage: 0.44 acres
(2) Current Land Use(s): Commercial/Offices
Zoning
Current Land
Future Land
Use
Use
North:
RS -10
Residential
RMU
East:
C-512
Commercial
RMU
South:
RM -8
Residential
RMU
West:
C-512
Vacant
RMU
d. Site Characteristics
(1) Total Acreage: 0.44 acres
(2) Current Land Use(s): Commercial/Offices
(3) Water Service: public water
(4) Sanitary Sewer Service: on-site septic system
8. Staff Comments:
The CR512 Overlay District establishes special architectural standards to promote
attractive buildings by utilizing quality design. The code places emphasis on special
features to guide development toward that end. The ridge or plane of a roof is required to
provide relief by offsets, dormers, or other architectural features. Similarly, an awning is
to be designed as an enhancement to the appearance of the building.
The Code provides for means to address non -conforming signs within the CR512 Overlay
district as follows:
Section 54-4-21.B.6(h) Nonconforming signs: It is the intent of this section to
allow nonconforming signs permitted before the adoption of this code to
continue until they are no longer used, or become hazardous, but not to
encourage their survival. Such signs are hereby declared to be incompatible with
the overall intent of this section.
(1)Removal of nonconforming signs: All nonconforming signs, except as
provided for herein, shall be removed.
(3) Repairs, maintenance, and improvements: Normal repairs, maintenance,
and improvements may be made.
(4) Reconstruction: If any nonconforming sign is destroyed by fire, flood,
explosion, collapse, wind, or other catastrophe, it shall not be used or
reconstructed except in full conformity with the provisions of these special
regulations.
The applicant states "This replacement is necessary due to acts of god from an initial
storm that began ripping the fabric earlier in 2016". Staff interprets that this sign is being
reconstructed, as the awning and support brackets were all removed and replaced with
new materials. Per (4) above, the awning shall not be reconstructed except in full
conformity with the CR512 Overlay District regulations.
9. Board Criteria for Determining Waivers (Section 54-4-21.6):
As part of an application for development, a request may be made for a waiver of any of
the provisions of this article (Article XXI. Performance Overlay Districts). The request
shall be heard by the planning and zoning commission in determining if any such provision
be waived, modified or applied as written. The planning and zoning commission shall hold
a quasi-judicial hearing on the requested waiver. The criterion for granting a waiver or
modification of any of the provisions of this article is whether the strict interpretation of the
3
requirements of this article places an inordinate burden on the property owner as defined by
Florida Statutes. The waiver procedure herein is the exclusive remedy to the application of
the provisions of this article and is to be utilized in lieu of an application for a variance.
10. Staff Recommendation:
Staff recommends denial of request for a waiver from Section 54-4-21.B.3.(c)(2)i because
the reconstruction of a non -conforming sign is not permitted per Section 54-4-21.B.6(h).
Staff recommends denial of the request for a waiver from Section 54-4-21.B.4(b)(6)
because the proposed trim color is not included in the Overlay Districts master color list.
Staff recommends denial of request for a waiver from Section 54-21.B.6(g)(2)c because the
proposed lettering, logos, and trim exceed what is allowed per the code within the CR512
Overlay District. It is an existing non -conforming sign. However, per Section 54-4-
2 1.13,6(h), reconstruction of a non -conforming sign is not permitted.
Pr ared by Marissa ore, AICP
Co unity Development Director
12
OZ I 1-P
ate
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19AM
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Address:
Phone Ni
�NCity of Sebastian
10� Development Order Api
(If not owner written authorizationJ(notari
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e-egsu�-e CGf.�- lee s+(j
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Permit Application No.
��oti , c o
i me ui pcl imt or action requested:
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project Name (if applicable):
645 Sebastian Blvd awning project
645 Sebastian Blvd
Lot: Block:
_nog 3x -31-9D
Indian River County Parcel #:
ng Use:
C. Detailed description of proposed activity and purpose of the requested permit or action
extra sheets if necessary)
SEE ATTACHED
DATE RECEIVED: FEE PAID: $ aco•
� RECEIVED Bk--�_
�a5( 0
Permit Application No
D. Project Personnel:
Agent:
/
Name:�o 64
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.
p
Address
1-4 l3-eac F( 3'290
Phone Number: 22- )
7 —V2 06
FAX Number: ( )
E -Mail: --
I / eaf'v P aft
q
eal v.i c/ 40foz—Co e`l
Attorney:
Name:
Address
Phone Number: ( )
FAX Number: ( )
E -Mail:
Engineer:
Name:
Address
Phone Number: ( )
FAX Number: ( )
E -Mail:
Surveyor:
Name:
Address
Phone Number: ( )
FAX Number: ( )
E -Mail -
i, goacem {3E fn4ou6{ m , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER V I
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPL ATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
AC AT ND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
6"20 --/G
SIGN TORE DATE
..muwrnu,,..
SWORN TO AND SUBSCRIBED BEFORE ME BY g0862T0 8eek4&&4Le4
WHO IS PERSONALLY KNOWN TO ME OR PRODUCED
AS IDENTIFICATION, THIS aQ DAY OFIANC- 20 i(o
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION NO./EXPIRATION
SEAL:
i
JJ\`O 0 M. Bps
p�.• ,,�ssION '•.�q moi,
y XFF?66068
y o�'•"yp°ntlad 1hN0��t'' Q
Permit Application No.
The following is required r all comprehensive plan amendments, zoning amendments
(including rezoning), sit plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
I/WE, _ THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE PcguAilub— ° Zolll AJ(r
BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY/OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING,
THI WAIVER AND CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED,
OR OMIISSES MADE, BY ANY
/EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
NATURE DATE
Sworn to and subscribed before me by 00&_etz0 eI!'k>>LjAIGIeXr_'
who is RtLsOnally known to me or produced
as identification -1,71-s- da of ?µNt .2011.���� �pNlllllupJJ
Notary's Signature��n`l�7
�woExa
Printed Name of Notary
. O : `'ST%sol ••..
o RFs
Commission No./Expiration
Seal:
* a�F a
i y :�oa Bonded�p°�: c',
APPLICATION FEES E ESTABLISHED BY
CITY'S CONSUL G ENGINEER REVIEW
APPLICANT. /
ITION OF CITY COUNCIL. ADDITI
REQUIRED) WILL BE THE R581
ACKNOWLEDGMENT DATE
FEES FOR THE
IBILITY OF THE
Permit Application No.
111
SEDAS t "
HOME OF PELICAN IRANO
Supplemental Information
Application to the W--GOMMISSIoN
r
1. This application is for a (check one): I/ vetrarree(s) _ appeal(s)
decision or deecisions that
F;necessary):—JL Specify all code provisions
�
for which
you are
a variance is being requested or the
appealing. (Attach extra sheets if
3. Legal description of the property involved:
4.
_ a. Boundary surve f the property execut y a Florida Registered
Surveyor. Th urvey shall show the ensions of the lot or parcel at
issue, the cation of all structure any, along with adjacent streets,
and all sements and right -of- ays.
b. Additional data and information as required to properly advise the Board
of the facts and circumstances needed to decide the case on its merits.
c. The names an dresses of all prop rt _ wrnYrs whose property or part
of their real property is fan outer boundary of the lot
or parcel of land that is se IPct of tha annliratinn
June 17[12016
645 Sebastian Blvd Project
To whom it may concern:
Proposed activity for Development Order Application is to replace the fabric on the pre-existing awning
on the building. This replacement is necessary due to "acts of god" from an initial storm that began
ripping the fabric earlier in 2016.
Replacement of the fabric is to have the same two-tone color scheme of 2/3 white (bottom half) and it is
requested that the top half be Herculite Coastline Plus's "Aquamarine" (CP2744)
Project Description 135'+/- AWNING RECOVER+ VINYL GRAPHICS
-Materials and labor to remove framework from building, install new fabric onto framework & reinstall
-All haradware to be stainless steel (staples and/or tek screws) and replaced as needed
-Fabric to be Coastline Plus 15 oz., 5 year manufacturer warranty;
-Vinyl signage- cut vinyl: business names same size/ style as current; Materials and labor to fabricate and install (5 total + 1 digital
logo)
*flourescent lighting will need to be disconnected/ reconnected by a licensed electrician (not included in above pricing)
FRAME: O Stationary ❑ Retractable ❑ Drop Screen
❑� Use Existing ❑ New Frame/Posts (std. = aluminum) ❑ Shade Sail
Drop: 4 ft 0+/- in I Projection:. 2 ft 0+/- in
Width: 135 ft 0+/- in Posts: size:
Rigid Valance: 1.00 in (INCLUDE VALANCE IN DROP)
Loose Valance: n/a In (DO NOT INCLUDE VALANCE IN DROP)
Tube Size: 1" Tube shape: ❑Round ESquare
Powdercoat: ❑ Frame ❑ Post Color:
style =convex, open sides/back
FABRIC: ❑ No ❑ Yes
Brand: Coastline Plus (45y + 45y)
Style No: CP2790/CP2744Color: white+Aquamarine
Scallop: []Clam -E ❑ Straight -A
❑ Greek Key - B ❑ Other (see sketch below)
Braid: ❑ Color: or ❑ Best Match
Fabric Attachment: (stationary awnings only)
❑ Lace L-]' Wrap & tek ❑ Rivet -on ❑ Staple
I DEPOSIT: ❑ CASH ❑ CHECK ❑ CREDITCARD ❑ ONACCOUNT.RwF.wmrt.on rv--
DATE:
Customer Authorization:
Signature indicates acceptance of above & terms and conditions on attached page
Revision: drv102815
ti
�1
i'
Date:
PAYMENT IN FULL IS REQUIRED PRIOR TO FINAL
INSTRl TION
google drive/administrative/TPS Report
SEBAST!"
HOME Of PELICAN ISLAND
PLANNING AND ZONING AGENDA TRANSMITTAL
P & Z MEETING DATE: July 7, 2016
AGENDA ITEM TITLE: Sign Ordinance — Proposed Ordinance 0-16-05
BACKGROUND: This proposed ordinance was prepared as a result of the recent
U.S. Supreme Court ruling in Reed v. Town of Gilbert and the
discussion with council concerning that case on April 13, 2016.
The reason for its preparation is to bring the city's sign code into
legal compliance with the Supreme Court's ruling on the
application of the First Amendment's free speech provision.
The proposed ordinance contains: (1) an extensive section
detailing it's purposes, intent and scope; (2) the deletion of the
sections most impacted by the Supreme Court ruling — special
event signs, political signs (except for specified time frames), and
civic event signs; (3) a number of amended definitions; (4) a new
substitution provision; and (5) an extended severability provision.
RECOMMENDATION: The proposed ordinance is being furnished early to the P & Z for
discussion purposes. The P & Z will convene as the Local
Planning Agency on July 21, 2016, conduct a public hearing at
that time and make recommendations to the City Council.
ATTACHMENTS: Proposed Ordinance 0-16-05
City Attorney Authorization:
Date:
ORDINANCE 0-16-05
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, RELATING TO SIGNS;
REPEALING SECTION 54-3-16.1 OF ARTICLE XVI OF THE
LAND DEVELOPMENT CODE AND ENACTING A NEW
SECTION 54-3-16.1 PROVIDING THE PURPOSE, INTENT
AND SCOPE OF THE SIGN REGULATIONS; AMENDING
SECTION 54-3-6.3 RELATING TO EXEMPT SIGNS;
AMENDING SECTION 54-3-6.5 RELATING TO PERMITTED
SIGNS; AMENDING SECTION 54-5-22.2 OF ARTICLE XXII
OF THE LAND DEVELOPMENT CODE RELATING TO
DEFINITIONS; ENACTING SECTION 54-3-16.9 RELATING
TO SUBSTITUTION AND SEVERABILITY; PROVIDING FOR
CONFLICT, CODIFICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, that:
Section 1. Article XVI, Sec. 54-3-16.1 of the City of Sebastian Land
Development Code is hereby repealed in its entirety, and a new Sec. 54-3-16.1 is
enacted to read as follows:
ARTICLE XVI. SIGNAGE AND LANDSCAPING
Sec. 54-3-16.1 Purpose, Intent and Scone.
It is the purpose of this article to promote the public health, safety and
general welfare through reasonable, consistent and non-discriminatory sign
standards. The sign regulations in this article are also designed and intended to
meet the statutory requirement that this municipality adopt land development
regulations that regulate signage, a requirement set forth in Section 163.3202(fl,
Florida Statutes. The sign regulations in this article are not intended to censor
speech or to regulate viewpoints, but instead are intended to regulate the adverse
secondary effects of signs. The sign regulations are especially intended to address
the secondary effects that may adverselypact aesthetics and safety. The sign
regulations are designed to serve substantial governmental interests and, in some
cases, compelling governmental interests such as traffic safety and warning signs
of threats to bodily injury or death.
This article regulates signs, as defined in this Land Development Code
which are placed onrip ivate property or on property owned by public a encies
including the city and over which the city has zoning authority. This division is not
intended to extend its regulatory regime to objects that are not traditionally
considered signs for purpose of government regulation.
The City of Sebastian is primarily a single family residential and small resort
community on the east coast of Florida. The eastern boundary of the cit is the
Indian River Lagoon and much of the western boundary is the St. Sebastian River.
Directly across the Indian River Lagoon is the Sebastian Inlet providing access to
the Atlantic Ocean and Sebastian Inlet State Park, attracting more people annually
than any other state park in Florida. The economic base of the city is heavily
dependent on visitors from both Florida, as well as other areas of the United States,
who are attracted to its "Old Florida Fishing Village" atmosphere. In order to
preserve and promote the city as a desirable community in which to live, vacation
and do business, a1p easing, visually attractive environment is of foremost
importance. The regulation of signs within the city is a highly contributive means
by which to achieve this desired end.
These sign regulations have been prepared with the intent of enhancing the
visual environment of the city and promoting its continued well-being and are
intended to:
(1) Encourage the effective use of signs as a means of communication in
the city;
(2) Maintain and enhance the aesthetic environment and the city's ability
to attract sources of economic development andrg owth;
(3) Improve pedestrian and traffic safety;
(4) Minimize the possible adverse effect of signs on nearby public and
private property;
(5) Foster the integration of signage with architectural and landscape
desk
(6) Lessen the visual clutter that may otherwise be caused by the
proliferation, improper placement, illumination, animation, excessive height,and
excessive size (area) of signs which compete for the attention of pedestrian and
vehicular traffic;
(7) Allow signs that are compatible with their surroundings and aid
orientation, while precluding the placement of signs that contribute to sign clutter
or that conceal or obstruct adjacent land uses or signs;
(8) Encourage and allow signs that are appropriate to the zoning district
in which they are located;
(9) Establish sign size in relationship to the scale of the lot and building
on which the sign is to be placed or to which itpertains;
(10) Preclude signs from conflicting with the principal permitted use of the
site and adjoining sites;
(11) Regulate signs in a manner so as to not interfere with obstruct the
vision of or distract motorists, bicyclists or pedestrians;
(12) Except to the extent expresslypreem teed by state or federal law,
ensure that signs are constructed, installed and maintained in a safe and satisfactory
manner, and protect the public from unsafe signs;
(13) Preserve, conserve, protect and enhance the aesthetic quality and
scenic beauty of all districts of the city-,
(14) Allow for traffic control devices consistent with national standards
and whose purpose is to promote highway safety and efficiency by providing for
the orderly movement of road users on streets and highways and that notify road
users of regulations and provide warning and guidance needed for the safe
uniform and efficient operation of all elements of the traffic stream;
(15) Protect property values by precluding to the maximum extent
possible, sign types that create a nuisance to the occupancy or use of other
properties as a result of their size height illumination brightness or movement
(16) Protect property values by ensuring that sign types as well as the
number of signs, are in harmony with buildings neighborhoods and conforming
signs in the area;
(17) Regulate the appearance and design of signs in a manner that
promotes and enhances the beautification of the city and that complements the
natural surroundings in recognition of this city's reliance on its natural
surroundings and beautification efforts in retaining economic advantage for its
resort community, as well as for its major subdivisions shopping centers and
industrial parks;
(18) Enable the fair and consistent enforcement of these sign regulations,•
(119) Promote the use of signs that positively contribute to the aesthetics of
the community, are appropriate in scale to the surrounding buildings and
landscape, and advance the city's goals of quality development;
(20) Provide standards regarding the non -communicative aspects of signs,
which are consistent with city, county, state and federal law;
(21) Provide flexibility and encourage variety in signage, and create an
incentive to relate signage to the basic principles of good design; and
(22) Assure that the benefits derived from the expenditure of public funds
for the improvement and beautification of streets sidewalks public parkspublic
rights-of-way, and other public places and spaces are protected by exercising
reasonable controls over the physical characteristics and structural design of signs.
Section 2. Sec. 54-3-6.3 is hereby amended to read as follows:
Sec. 54-3-16.3 Exempt Signs
See. 54-3-16.5 Permitted signs.
(e) Temporary signs: All temporary signs not listed in subsections 54-16.5(e)(1)
through 54-16.5(e)(3) and also not complying with all applicable criteria of this
section shall be treated in all respects as permanent signs, except that such
temporary signs shall not be included in calculating the total amount of
permitted sign area. No temporary signs shall be illuminated except for holiday
signs, or special event signs approved by the city manager. All temporary signs
shall be located on private property.
F"all Ize pei�mit4ed for- the duf4ion E)f the event as identified
by the emporary use permit.
(2) (-3) Subdivision entrance signs.
1. sign snail e#eced
16 square
fi t;
1119
2. No sign nsha4l be illuminated;
✓. vaeh Vlbu shall be G1eeJt...ing;
Q Eaeh sign shall be lae
G -E L.b shallY
b
ted ...hell
1 d .,t
least five
♦
Cot F
«t
,...-. ..11
...1 sidewalks;
rights of way
G. NoVlbYshall VAleed
five feet
in heigl.t
a •1N„ sign shall o xvee
20 JlUU1V
feet;
2. No sign shall be .-I1�
.
it ca,
2• ✓uei Vi£aJhU31 be GooJtanRT
Sg-1,
4. Eaeh sign shall be leeated
G Eaeksign shallY
b
wholly
1 d at
en
least five
private pr-apeFty;
of
F a~
.,.,.... ..11
..d s do.. a4ks.
rights of way
Fi No..ha4 e d
b"
NE) sign shall be plaeed
r feet
on or-
l,t.r
+rzxheight;
x6xi7.
at4aeked
to any tree
or utility post.
L6) Other temporary signs.
Section 3. Article XXII, Section 54-5-22.2 is hereby amended to read
as follows:
ARTICLE XXII. LANGUAGE AND DEFINITIONS
See. 54-5-22.2 Definition of terms.
Sign, abandoned. A sign is eansidefed abandoned if all busin
QQ
A sign is considered abandoned based u op n the good faith consideration of the
following factors in their totality: the condition of the sign; evidence of its
maintenance and repair; whether it is faded or defaced,• whether its installation has
been compromised by wind, weather, traffic vandalism or otherwise; the time
since installation, and whether it is capable of conveying an intelligible or useful
message.
Sign, political. Any sign urging the election or defeat of any candidate seeking
any political office, or urging the passage or defeat of any ballot measure, but does
not ineltide a*y billboard awned or- maintained by a commer-eial firm or- adveftisi-ag
eompany. shall be posted no more than 75 days prior to the election in which the
candidate's name or the issue will appear on the ballot, and shall be removed
within 5 days of such election.
Public signs also include signs erected or installed by or on behalf of any public
utility, cable fiber optic or wireless provider, railroad or public transit service
Sign, snipe. Any sign of any size, made of any material, including paper,
cardboard, wood and metal, when such sign is tacked, nailed, posted, pasted, glued
or otherwise attached to a tree, utility pole, fence or similar objects. and th
adi,ei4isi O .. matter appearing theree„is of applicable plinable to the prvimises upen Wb' b
said sign is leea*ea. Also includes any sign installed without permission of the
owner of the real or personal property on which the sign is located.
Sign, temporary. A sign used f a business . etion whieh lawfully
at that leeation. A tem orary sign means a sign intended for a use not permanent
in nature. A sign is considered temporary based upon the good faith consideration
of the following factors in their totality: the materials used in its manufacture or
creation; the manner in which it is constructed or assembled the location and
manner of its installation and evidence of its upkeep and maintenance
Section 4. Section 54-3-16.9 is hereby enacted to read as follows:
Section 54-3-16.9 Substitution and Severability.
(1) Substitution of noncommercial speech for commercial speech.
Notwithstanding anything contained in this Article or Code to the contrar,
any sign erected pursuant to the provisions of this Article or Code or
otherwise lawfully existing with a commercial message may at the option
of the owner, contain a noncommercial message in lieu of a commercial
message. The noncommercial message may ccupy the entire sign face or
any portion thereof. The sign face may be changed from commercial to
noncommercial messages, or from one noncommercial message to another,
as frequently as desired by the owner of the sign provided that the sign is
not a prohibited sign or sign -type and provided that the size height setback
and other dimensional criteria contained in this Article and Code have been
satisfied.
(2) Severability Generally. If any partsection subsection paragraph,
subparagraph, sentence, phrase clause term or word of this Article is
declared unconstitutional by the valid judgment or decree of any court of
competent iurisdiction, the declaration of such unconstitutionality shall not
affect any other partsection subsection paragraph, subparagraph sentence
phrase, clause, term, or word of this Article
(3) Severability where less speech results. Without diminishing or limiting in
any way the declaration of severability set forth above or elsewhere in this
Article, this Code, or any adopting ordinance if any partsection
subsection paragraph subparagraph sentence phrase clause term or word
of this Article is declared unconstitutional by the valid judgment or decree
of any court of competent jurisdiction the declaration of such
unconstitutionality shall not affect any other partsection subsection
paragraph, subparagraph sentence phrase clause term or word of this
Article, even if such severability would result in a situation where there
would be less speech, whether by subjecting previously exem t signs to
permitting or otherwise.
(4)Severability of provisions pertaining to prohibited signs and sign elements
Without diminishing or limitingin n any way the declaration of severability set
forth above elsewhere in this Article this Code or any adopting ordinance
if any partsection subsection paragra h subparagraph sentence phrase
clause, term, or word of this Article is declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction the declaration of
such unconstitutionality shall not affect any other partsection subsection
paragraph, subparagraph, sentence, phrase clause term or word of this
Article that pertains to prohibited signs including specifically those signs and
sign elements that are prohibited by Section 54-3-16.4. Furthermore if any
partsection subsection paragraph, subl2arajzWh, sentence phrase clause
term, or word of Section 54-3-16.4 is declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction the declaration of
such unconstitutionality shall not affect any other subsection ara rash
subparagraph, sentence, phrase, clause term or word of Section 54-3-16.4,
thereby ensuring that as many prohibited sign -types as may be
constitutionally prohibited continue to be prohibited
It is the intent of the City to regulate signage in a manner that implements the
purposes of this Article as expressed in Section 54-3-16.1. The City finds that
the purposes stated in Section 54-3-16.1 are legitimate substantial and
compelling public interests, that the regulation of signage provided by this
Article is unrelated to the suppression of free expression and that the incidental
restrictions on expression that may occur as a result of these regulations is no
more than is essential to the furtherance of the public interests However, if a
court of competent jurisdiction finds any regulation herein to be based upon
content and, further, declares such regulation unconstitutional then it is the
intent of the City Council that only that portion of the provision that is found
unconstitutional be severed from this Article and if it is not possible for the
court to strike only the portion of the provision that is found unconstitutional
then it is the intent of the City Council that all signs that would be subject to the
stricken provision will instead be subject to the next surviving provision for a
sign of like geometry and character that is more restrictive than the stricken
provision in terms of sign area.
Section 5. Repeal of Laws in Conflict. All ordinances or parts of
ordinances in conflict herewith are hereby repealed to the extent of such
conflict.
Section 6. Codification. The sections of the ordinance shall be codified
within part of the City Land Development Code and may be renumbered or re -
lettered to accomplish such, and the word "ordinance" may be changed to
"section," "division," or any other appropriate word.
Section 7. Effective Date. This Ordinance shall become effective
immediately upon its adoption effect immediately upon its adoption by the City
Council.
The foregoing Ordinance was moved for adoption by Councilmember
The motion was seconded by Councilmember
and, upon being put to a vote, the vote was as follows:
Mayor Bob McPartlan
Vice Mayor Jerome Adams
Councilmember Andrea Coy
Councilmember Jim Hill
Councilmember Richard Gillmor
The Mayor thereupon declared this Ordinance duly passed and adopted this
day of 12016.
CITY OF SEBASTIAN, FLORIDA
Mayor Bob McPartlan
ATTEST:
Jeanette Williams, MMC
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Robert A. Ginsburg
City Attorney
Note:
Words stricken shall be deleted; words underlined constitute the proposed
amendment; remaining provisions continue in effect.
6. Required Findings:
Does
Comply
0oSE-TUW
A. No accessory structure shall be constructed until the
construction of the principal structure has been started.
°
1. House completed aoOl ; or
house under construction
HOME OF PELICAN ISLAND
t^
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Community Development Department
E
Fo
been combined with principal lot by a unity of title
Accessory Structure Staff Report
Q. E
IIIJITV eF 77rLE
1. Property Owner:
Edgar Medina
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2. Contractor:
Homeowner
C
3.Requested Action:
Approval of a 18'X 36'(648 SF) detached carport
(•0
a a
located on the same real estate parcel or lot. Principal
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4. Project Location:
550 Carnival Terrace
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Lots 8 & 7, Block 283, Sebastian Highlands Unit 11
5. Current Zoning:
RS -10 Current Land Use: Single-family Residence
6. Required Findings:
ry
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Does
Comply
Does Not
Comply
A. No accessory structure shall be constructed until the
construction of the principal structure has been started.
1. House completed aoOl ; or
house under construction
2. Accessory structure to be located on same lot as principal
structure ; or located on second lot that has
been combined with principal lot by a unity of title
IIIJITV eF 77rLE
B. No accessory structure shall be located in any required yard
(setback):
1. Front yard: No detached accessory structure shall extend
beyond the front building line of the principal structure that is
✓
located on the same real estate parcel or lot. Principal
structure setback is a9.5- Accessory structure setback is
`f0 f 'L
2. Front yard on corner lot: Accessory structures may not be
located in the secondary front yard of an improved corner lot
unless the corner lot is joined in unity of title with an interior
lot that contains the principle structure. However, said
accessory structures shall not be located closer than 25 feet
tJ/ A
from the secondary front property line in the RS -10 zoning
district, and in all other zoning districts shall meet required
front yard setbacks. Secondary front yard setback is
, and proposed accessory structure front yard
setback is
ry
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2
Does
Does Not
Comply
Comply
3. Side yard: Required side setback is Iol
Accessory structure side setback is I I
4. Rear yard: The required rear yard is Pot A
detached accessory structure may encroach into the required
rear yard, provided it meets all the following:
a. It is a minimum 10 feet from the rear property line.
Proposed accessory structure has a 1�9, setback.
b. It is not in an easement. Rear easement is JD and
proposed setback is t49
c. It does not exceed 400 square feet in lot coverage. Proposed
tl
accessory structure is CogT square feet.
d. It does not exceed 12 feet in height. Proposed accessory
r/
structure is Iq feet in height.
Accessory structures which are attached, or do not meet the
above four requirements must meet the standard rear setback
which is '26' Proposed accessory setback is
49'
C. No mobile home, travel trailer or any portion thereof, or
motor vehicle shall be permitted as an accessory structure.
D. Applicant must expressly designate the type of the accessory
structure (i.e. garage, shed, etc.) G4kFbZF-
E. Must comply with all city codes.
F. The height of accessory structure cannot exceed height of
principal structure. House is approximately jq. 5, and
/
✓
accessory structure will be ILII
G. Attached or detached Quonset -type or style accessory
structures
are prohibited.
H. A residential lot is allowed 5 square feet of accessory building
area (cumulative) for every 100 square feet of lot area, up to a
maximum 1000 square feet.
Property square footage 2c, 000 x.05 =
Allowable sq.ft. of accessory structures I ooC
Existing accessory structures a4o SMr�o
Proposed accessory structure (649
Total existing and proposed F
2
7. Planning and Zoning Commission Review:
Any attached or detached accessory building, carport or breezeway over 500 square feet in
area must be reviewed and approved by the Planning and Zoning Commission utilizing the
following criteria:
Review fee has been paid:
Additional Considerations:
. Hockse iths Mt'TAL- Pm✓=
YES NO
.SIDE Pft6L5 DF OA?-Poer LJ)'" BE PAiwim 17> /YI/ITCii t{GY¢SE CLT Gk6t�u,
lib'^'Zk� PLMOUe -
Prepared by
3
Date I
Does
Does Not
Comply
Comply
A. Accessory structures may not be constructed or maintained
from corrugated metal or corrugated metal -looking products.
B. The roof of the accessory building must have a minimum pitch
of 3:12.
C. Accessory structures 501 sq.ft. to 750 sq.ft. in size shall be
compatible with the overall general architectural design of the
primary residence, including facade and materials, colors and
trim, roofing materials and pitch.
D. Accessory structures 751 sq.ft. to 1000 sq.ft. in size shall be of
the same architectural design of the primary residence,
including facade and materials, colors and trim, and roofing
materials and pitch. Foundation plantings shall be required
on all sides of the accessory structure excluding entranceways
and doorways, as follows: 1 shrub for every 3 lineal feet and 24
inches in height at
�l
planting.
Lineal dimension totals - 3 =
Total Shrubs Required
Review fee has been paid:
Additional Considerations:
. Hockse iths Mt'TAL- Pm✓=
YES NO
.SIDE Pft6L5 DF OA?-Poer LJ)'" BE PAiwim 17> /YI/ITCii t{GY¢SE CLT Gk6t�u,
lib'^'Zk� PLMOUe -
Prepared by
3
Date I
Fence
I_ -I MEDINA
550 Carnival Terrace
U- d Lots 7-8
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3
o Lot 8
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Existing 6' Wood Fence
Shell
Drive
27' Gate
New 6'iWood Fence
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$ 0
3
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io t
3 I
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0
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0 Lot 7
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C O
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r Live Oak
foc 60)c
6' Wood Fence
29.5'
12x20
Shed
,vcsiuv.onrso..n ®"
TYPICAL BOW RAFTER SECTION
TRUSSED BOW SECTION _
SIDE OPENINGS
END WALL OPENING�w,roy„a„
wrcaa. wro MY MF0.W Wxn?. a.arUBE MEL RL
wcw.Wwnaw�.alN�Ts.
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rvirelEsus.z:z Ixa.,rsrw nanxauwG.
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ROOF PPNELS
.'-0'MPX SV
TYPICAL FREESTANDING LEAN-TO
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TYPICAL SIDEILEAWTO EXTENTION SECTION
Xq TO Sob (MWF LEPNTOTOB EEAVERFETER)
GABLED OPEN END WALL SECTION
NOT.3
G'y
CAROLINA CARPORTS, INC.
����OL �NG/NEER/NG � w Nrss
W
CO 0 ED
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O (^
Fence;
MEDINA
cm 550 Carnival Terrace
Lots 7-8
O
in Lot 8
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to
X
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Existing 6' Wood Fence
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Shell
Y I
Drive
n I
I
1 \I
S d y? -=AV 1 27' Gate
New 6', cod Fence
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3 ® I p
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ILL
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- -
29.5
J
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Live Oak
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12x20
v-�/,�-
irr.o/
Shed
Q
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roc Bo"X
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6'
Wood Fence
\ I
^REAR ELEVATION
SCALE- 4-1-0'-
anroro�
ro »w
IJ
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8
FrT
ELtVATmN
ORIGH
ELEVATION
SCALE
Y'='.'-0"
anroro�
ro »w
V
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oa�
H
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CUSTOM
RESIDENCE
FOR
NICKI
IIINKS
INRIL
B1geea"i'nN
NOTES
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,4.1
CM OF
SERAsTIAN
Y
HOME OF PELICAN �ISLAAN' D
BUILDING DEPARTMENT
1225 MAIN STREET • SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589-5537 • FAX (772) 589-2566
MUST BE FILLED IN BY
PERMIT #
INDIAN RIVER COUNTY PARCEL ID#
APPLICATI
LOT: BLOCK: SUBDIVISION: FLOOD ZONE:
TO FS 713.135
TYPE OF WORK: ANEW STRUCTURE []ADDITION LJALTFRATION ❑ REPAIR DEMOLITION ❑ OTHER
WORK INCLUDES: STRUCTURAL ELECTRICAL PLUMBINGCHANICAL []ROOFING - SLOPE:_
POOL ❑ ALUMINUM STRUCTURE ❑ SHED�FENCE ❑ SLAB OR DECK ❑ OTHER
WORK DESCRIPTION: 1 12 X 3 & yC. / 1A 2o -c F RV SIIEL7-E2
ESTIMATED JOB VALUE: $ /D"S 6S- TOTAL SIF
JOB NAME:PC�A2
JOB ADDRESS:
PROPERTY OWNER'S NAME:
CITY/STATE: F -C z
CONTRACTOR BUSINESS
CITY/STATE: _
CONTACT E-MAIL
UNDER
PHONE:d
ZIP CODE
LICENSE #:
.CT PHONE:
ZIP CODE
ARCHITECT/ENGINEER: PHONE:
Annnncc.
CITY/STATE:
CONTACT E-MAIL
PRESENT
PROPOSED USE:
ZIP CODE:
OCCUPANT LOAD:
NUMBER OF: STORIES BAYS []UNITS []BEDROOMS []HEIGHT
TYPE OF CONSTRUCTION:
GROUP OCCUPANCY: AREA
IS THE BUILDING PRESENTLY EQUIPPED WITH AN AUTOMATIC FIRE SPRINKLER SYSTEM? AYES []DIO
BONDING COMPANY: PHONE:
ADDRESS: CITY/STATE:
MORTGAGE LENDER: PHONE:
ADDRESS: CITY/STATE:
FEE SIMPLE TITLE BOLDER: PHONE:
ADDRESS: CITY/STATE:
APPLICATION IS HEREBY MADE TO OBTAIN A PERMIT TO DO THE WORK AND INSTALLATIONS AS INDICATED. I
CERTIFY THAT NO WORK OR INSTALLATION HAS COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT AND THAT
ALL WORK WILL BE PERFORMED TO MEET THE STANDARDS OF ALL LAWS REGULATING CONSTRUCTION IN THIS
JURISDICTION. I UNDERSTAND THAT A SEPARATE PERMIT MUST BE SECURED FOR ELECTRICAL WORK,
PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS AND AIR CONDITIONERS, ETC.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING
TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND
POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT
WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
A CERTIFIED COPY OF THE RECORDED NOTICE OF COMMENCEMENT SIGNED BY THE OWNER, SHALL BE FILED
WITH THE PERMITTING AUTHORITY IF THE VALUE IS $2,500 OR MORE, EXCEPT HEATING OR AIR CONDITIONING
CHANGE OUTS LESS THAT $7,500.
NOTICE: IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS
APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THE COUNTY, AND THERE
MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES SUCH AS WATER
MANAGEMENT DISTRICTS, STATE AGENCIES, OR FEDERAL AGENCIES.
ANY CHANGE IN BUILDING PLANS OR SPECIFICATIONS MUST BE RECORDED WITH THIS OFFICE. ANY WORK NOT
COVERED ABOVE MUST HAVE A VALID PERMIT PRIOR TO STARTING. IN CONSIDERATION OF GRANTS, THIS
PERMIT, THE OWNER, AND THE BUILDING CONTRACTOR AGREE TO ERECT THIS STRUCTURE IN FULL
COMPLIANCE WITH THE BUILDING AND ZONING CODES OF THE CITY OF SEBASTIAN.
NOTE: THIS PERMIT APPLICATION IS VOID AFTER 180 DAYS UNLESS THE WORK, WHICH IT COVERS, HAS
COMMENCED. ALL CONTRACTORS MUST HAVE A VALID STATE CERTIFICATION, STATE REGISTRATION, OR
COUNTY COMPETENCY PLUS A COUNTY—WIDE LICENSE PRIOR TO OBTAINING PERMIT.
L r �c
❖ OWNER GENTSIGNATURE
z2S,42 12'7co1A.)14
PRINTED NAME OFOWNER/AGENT
DATE: 6— 00—Ac
L
Individuals who
STATE OF
COUNTY(
on this
AN OWNER ACTING AS THEIR OWN
CONTRACTOR MUST PERSONNALLY APPEAR
AT THE BUILDING DEPARTMENT TO SIGN THE
PERMIT APPLICATION. PER FS 489.103
owner's agent must first obtain legal power of attorney to sign on their behalf.
day 20 personally appeared
is pers of ly known to me or has produced identification.
Notary Seal NEE]
. LOHSL
sion IE FF 117566June 18, 2018TroyfW lnvwik�800.1BS-Iola