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02-14-2018 CC Minutes w BOA
���Cn�f 5 .0 N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT MEETING MINUTES WEDNESDAY, FEBRUARY 14, 2018 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Hill called the Regular City Council Meeting to order at 6:00 p.m. 2. Reverend Wayne Rogers gave the invocation. 3. Council Member McPartlan led the Pledge of Allegiance. 4. ROLL CALL Mayor Jim Hill Vice Mayor Linda Kinchen Council Member Ed Dodd Council Member Albert lovino Council Member Bob McPartlan Citv Staff Present City Manager Joe Griffin City Attorney James Stokes City Clerk Jeanette Williams Community Development Director Lisa Frazier Community Development Manager Dorri Bosworth Building Official Wayne Eseltine Airport Director Scott Baker Administrative Services Director Ken Killgore Asst. Administrative Services Director Cindy Watson Police Commander John Blackledge 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members The City Attorney asked to table item 11A the second reading of medical marijuana to February 28, 2018. MOTION by Council Member Dodd and SECOND by Vice Mayor Kinchen to table item 11A until the February 28, 2018 Council meeting passed with a voice vote of 5-0. 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 18.022 A. Defibrillator Presentation by Niael Harareaves. Sebastian Inlet Sail & Power Squadron Mr. Hargreaves gave a brief history of the Squadron's effort to educate the public using the City's facilities for their classes. To show their appreciation for use of the facilities, the Squadron donated two AED heart defibrillators for placement in the City's buildings. Regular City Council & Board of Adjustment Meeting February 14, 2018 Page Two Brief Announcements :February 17th — Ad Club Show at Riverview Park - 10 am to 4 pm February 19`h — City Hall Closed — Presidents' Day :February 23rd — Chamber Concert in the Park - 5:30 pm to 8:00 pm - Sharkbait February 24" — Sebastian Police Dept. Movie Night Out — 6 pm - Zootopia Vice Mayor Linda Kinchen announced the upcoming events. 7. RECESS CITY COUNCIL MEETING AND CONVENE AS BOARD OF ADJUSTMENT A. Chairman Hill called the Board of Adjustment meeting to order at 6:12 p.m. B. MOTION by Mr. Dodd and SECOND by Mr. McPartlan to approve the November 23, 2016 Board of Adjustment meeting minutes passed with a voice vote of 5-0. C. QUASI-JUDICIAL HEARING - HARRIS RESIDENCE SHED SETBACK VARIANCE REQUESTED FROM SECTION 54-2-7.5(b)(1) OF THE SEBASTIAN LAND DEVELOPMENT CODE TO PERMIT ACCESSORY STRUCTURES TO BE LOCATED WITHIN A REQUIRED YARD (SETBACK), AND FROM SECTION 54-2-5.2.2(d)(5) TO PERMIT ACCESSORY STRUCTURES TO BE 3 FEET FROM THE SIDE PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURES TO BE 15 FEET FROM THE SIDE PROPERTY LINE FOR THE RS -20 ZONING DISTRICT (Staff Report) Chairman Hill opened the quasi-judicial hearing at 6:13 p.m. and the City Attorney read the title of the requested variance. Chairman Hill asked that the letters he received in opposition to the request be entered into the record. There was no other ex -parte communication disclosed. The City Clerk swore in those who were to provide testimony. Bob Harris, applicant, said he owns the property, has various tools in the sheds that he doesn't want to store in his garage; did receive permit for his wood shed but was told at that time that he didn't need permits for the plastic sheds. In response to the homeowners' association, he applied for permits for his plastic sheds and upon permit inspection, he was told the sheds were too close to his property line. He said there is about 60-80 feet of vacant property between his property and the adjacent property; the sheds are acting as a safety barrier to the canal and not visible to his neighbors. He displayed various photos of his property. (See attached) He said if he brought the sheds closer to his house, he could not turn his car around; and if he placed them to the rear they would be visible to his neighbors. He said sheds are not addressed in his deed restrictions but the homeowners' association opposes the number of sheds. He displayed photos of other property owner's sheds alleging they too are close to the property line. Chairman Hill advised him that supposition of the other properties would not be applicable to his request. In summary, Mr. Harris said he positioned the sheds so they would not be visible; to provide safety; store his equipment; and requested approval of the variance. He verified the Google Earth photo was an up-to-date photo of his property. 2 Regular City Council & Board of Adjustment Meeting February 14, 2018 Page Three The Community Development Manager said this was a request for a variance from the required 15 feet side property setback. She noted the agenda packet did have staffs review of the nine criteria used to consider a variance, along with the applicant's response to the criteria. (pages 12-32 of the agenda packet) She said staff recommended denial of the request. 6:38 pm Vice Chairman Kinchen said she was concerned with the various things Mr. Harris was told by staff as reported in the Code Enforcement hearing transcript and that he did not comply with his deed restrictions. She suggested relocating the sheds to another area. In response to Mr. lovino, the closest home to the east of him is probably 300 feet. Mr. Harris said his deed restrictions do not mention sheds, only tool houses. Mr. Dodd clarified the lots run about a half -acre above water. In Favor Robert Devine said the house was derelict for 10 years but Mr. Harris has turned it into a gem; there are no deed restrictions regarding sheds; the variance should be granted. Andrea Coy, 501 Palm Avenue, said she was concerned with the process, the magistrate hearing was very long and confusing; it used to be that the sheds were not permitted but now they are, if they are reviewed by an engineer and anchored. The process has not been fair to Mr. Harris. Todd Croy, 749 S. Fischer Circle, said he appreciated the improvements that Mr. Harris has made to the property; if the sheds are moved, they will be visible and he requested that the Board of Adjustment grant the variance. Susan Prud'homme, 754 S. Fischer Circle, said she cannot see Mr. Harris' home from his driveway; his property is 254 feet from the closest house; he has really cleaned up the area; his property is one of the subdivision's best properties. She requested approval of the variance. In O000sition Sharon Bush, 736 N. Fischer Circle, said she has a problem with the term shed vs. tools and the number of sheds; when the adjacent property is developed, the sheds will be visible. Kelly Mather, former Chairman of the Planning & Zoning Commission, said the Commission considered the 15 foot setback many times during his tenure and 'held the line' in keeping the standard. Wayne Bachman, President of the South Moon Property Owners Association, said the members were concerned that the snap together sheds would break apart during high winds and then pieces would block the culverts to cause undue flooding during storms. He said the Property Owners' Architectural Control Committee has not made a decision on the sheds because Mr. Harris has not submitted any plans to review. He displayed Mr. Harris' affidavit stating he would abide by the deed restrictions. Regular City Council & Board of Adjustment Meeting February 14, 2018 Page Four Mr. Bachman said in speaking only for himself, he believed Mr. Harris has made his own interpretation of the codes and bylaws; Mr. Harris told the Board a long time ago that plastic sheds do not fit into the category of structures which is probably why he chose not to pull a permit. Mr. Bachman pointed there are many boats on his property that he fixes and repairs so he probably did not consider the boats 'recreational vehicles.' He said the Property Owners Association recommended denial of the variance. Aoolicant's Response Mr. Harris said he did not intentionally break any rules; he obtained the permit for the wood shed and was told he didn't need permits for the plastic sheds. He said the sheds are a temporary measure until he buys the property in front of him and builds a four car garage; the deed restrictions should be modified to exclude sheds; and he considered the sheds to be structures not buildings, so they are not covered by the building code. Staff Summary The Community Development Manager stated based on staffs review of the nine criteria outlined in Sec. 54-1-2.5, staff recommended denial of the request. Chairman Hill noted a lot of the discussion has been irrelevant and noted the Board of Adjustment's decision should be whether they want the six sheds to be three feet from the property line. Mr. Dodd reiterated the Property Owners Association would not be part of their decision process. He asked if there are any code prohibitions from using snap together sheds. The Community Development Manager said there were not, but they are considered structures that require permits; and, up to 5% of the property can be an accessory structure to which the total of Mr. Harris' sheds falls under the percentage. She said the setback requirement is preventing the City from issuing a permit. Chairman Hill noted eventually the vacant lots will be developed, and if the variance is allowed, the sheds will be visible. He said the checklist doesn't come close for a variance and made a MOTION for denial that was SECONDED by Mr. McPartlan. ROLL CALL: Vice Chairperson Kinchen - aye Mr. Dodd — aye Mr. lovino —nay Mr. McPartlan — aye Chairman Hill — aye Motion carried 4-1 to deny Mr. Harris' request. D. Chairman Hill adjourned the Board of Adjustment meeting at 7:20 p.m. 8. ADJOURN BOARD OF ADJUSTMENT AND RECONVENE AS CITY COUNCIL The regular City Council meeting reconvened at 7:20 p.m. and all members were present. 9. 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 his/her hand to be recognized. A. Approval of Minutes — January 24, 2018 Regular City Council Meeting 0 Regular City Council & Board of Adjustment Meeting February 14, 2018 Page Five 18.023 B. Prior Authorization for Council Travel to Florida League of Cities Advanced IEMO April 27-28, 2018, Tampa (Transmittal, Agenda, Registration Form) 18.024 C. Resolution No. R-18-05 — Florida Inland Navigation District Waterways Assistance Program Grant Request for Shoreline Improvements at the Working Waterfront (Transmittal, R-18-05, Letter) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA SUPPORTING THE CITY'S FIND GRANT APPLICATION SEEKING FUNDS TO MAKE IMPROVEMENTS TO THE WORKING WATERFRONT SHORELINE AND PARKING LOCATED AT FISHERMAN'S LANDING SEBASTIAN, PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 18.025 D. Approve Community Easter Sunrise Service at Riverview Park with Use of Stage on April 1, 2018 from 6:30 a.m. to 7:30 a.m. (Transmittal, Applications, Agreement, Receipt) MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve consent agenda items A -D. ROLL CALL: Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — aye Mayor Hill — aye Vice Mayor Kinchen — aye Motion carried 5-0. 10. COMMITTEE REPORTS & APPOINTMENTS - None 11. PUBLIC HEARINGS 18.007 A. Second Reading and Public Hearing of Ordinance No. 0-18-01 Relatinq to Medical Mariivana (Transmittal. 0-18-01. 0-17-01) AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO MEDICAL MARIJUANA TREATMENT CENTERS; RESCINDING ORDINANCE 0-17-01; AMENDING THE LAND DEVELOPMENT CODE ARTICLE XXII (LANGUAGE AND DEFINITIONS); AMENDING ARTICLE V (ZONING DISTRICT REGULATIONS); PROVIDING FOR SEVERABILITY, CONFLICT, CODIFICATION, AND AN EFFECTIVE DATE. (PJ Ad 1/28/18) Previously tabled to the February 28, 2018 City Council meeting. 12. UNFINISHED BUSINESS 18.013 A. Consider and Discuss 2018/2019 Budget Obiectives (Transmittal. CM Dodd's Objectives) Council Member Dodd said prior to the budget preparation, in order to give staff and the Budget Review Advisory Board direction, he would like to receive Council consensus to add an additional $500,000 for street paving and swale improvements along with working level staff to accomplish those improvements. Regular City Council & Board of Adjustment Meeting February 14, 2018 Page Six Mayor Hill said they should always have a goal of not raising taxes and providing the necessary services that are required. He would support additional money for paving and drainage but would leave it up to the City Manager to determine what staffing would be needed. Council Member Dodd said Council should set the priorities and they could establish an indication that they are willing to accept additional staffing. He noted there isn't a strategic or tactical plan that the City Manager is required to budget to. The City Manager is making the plan that might be changed in September. Council Member Dodd said if more money is spent in these two areas, the City Manager would have some marching orders. Mayor Hill said they should always spend the last penny they need to spend to get to the level of service that the residents require. Council Member Dodd said that would leave streets and swales that won't be fixed. He said he was trying to establish priorities but not hearing any support; would not make a motion. Damien Gilliams, 1623 US Highway 1 thanked Council Member Dodd for his foresight to understand the problems in the community; people are demanding paved roads and drainage. Council Member Dodd said he was not saying that staff isn't doing their jobs, but from his perspective, by establishing a pre -budget priority it provides an opportunity to look at what they need to do. Mayor Hill said they don't have a difference in agreement but in the way they are saying it; they are willing to change priorities based on what is necessary. He agreed that road paving would make the community better. 18.009 B. Consider, Discuss, Direct Staff Regarding 'New' Citv Manager Compensation (Transmittal) Council Member Dodd said the posted advertisement stated the salary range had not yet been established and requested the opportunity to publicly discuss it. He said given the consultant's data, he had found the midpoint to be $145,000; but based on budget and population of other cities, Sebastian falls in the bottom third and to compensate the city manager above the midpoint did not make sense to him. MOTION by Council Member Dodd to offer an opening salary range of $110,000- 140,000 for the new city manager and use that as a starting point for replacing the city manager. There was no second. A second MOTION by Council Member Dodd to offer a salary range of $110,000- 160,000 to receive a consensus of what the range should be was not seconded. Mayor Hill said when they get to the point of hiring, the salary could be determined at that time. Regular City Council & Board of Adjustment Meeting February 14, 2018 Page Seven Council Member Dodd said it has been his experience that the applicants will expect the $150,000-160,000 range which won't guarantee a good manager or make surrounding cities happy. He said he would like Council to discuss the range together. Discussion followed that the consultant felt the applicants would fall in the mid-range and they would determine the salary based on the applicants' qualifications. 7:57 pm Council Member Dodd said the consultant indicated he would not be able to complete the background checks before the established selection date and he asked that Council re-establish the schedule to hold the meet and greet on April 3, public interviews on April 4 and make the decision on April 5. It was the consensus of Council to move the schedule forward to accommodate the background checks. The City Manager recapped the meet and greet reception would be April 3; public interviews and private rotation interviews on April 4; a special meeting on April 5 for the selection; a contract would be offered at the April 11 Council meeting; and the salary range would be $110,000-160,000 with the consultant's recommendation. 13. PUBLIC INPUT. New information or requests to City Council not otherwise on the prepared agenda Bob Stephen, 150 Concha Drive, said students are planting grass and mangroves along Sebastian's water edges but the City is still killing grass with glyphosate. He asked the City to use an alternative herbicide for the weeds. Ben Hocker, Sebastian, thanked the City Manager for getting back to him on the robocalls that are happening. He also said on Malabar Road, there is a sign advertising five locations that people can see a doctor to receive medical marijuana in the mail. He suggested that Sebastian might want to reconsider the medical marijuana ordinance. Colleen DeMello, Gossamer Wing Way, said there has been increased touch and go noise from the Sebastian Airport in the neighborhood. She said it is going on until 2:00 in the morning. She asked if it could be looked into. Mayor Hill noted he also received an e-mail regarding increased Airport noise from Mrs. Slade. The City Manager reported that Flight Safety of Vero Beach is the biggest offender and knows there has been an uptick lately. He and the current Airport Director have contacted them to no avail. He offered to notify the Federal Aviation Administration by writing that Flight Safety's operations are an incompatible use given that sky divers also use the Airport. It was the consensus of Council to have the City Manager write a letter. 14. NEW BUSINESS 18.026 A. Award Construction Services Agreements to Tim Rose Contractino. Inc. and Ranger Construction Industries, Inc. for Street Millino and Paving and Authorize the Citv Manaaer to Execute the ADoroDrlate Documents (Transmittal. Bid Tab. Agreements) The City Manager said both contractors would be used as projects come up and recommended approval. 7 Regular City Council & Board of Adjustment Meeting February 14, 2018 Page Eight MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve the construction services agreements with Tim Rose Contracting and Ranger Construction Services for street milling and paving. ROLL CALL: Council Member lovino — aye Council Member McPartlan — aye Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd — aye Motion carried 5-0. 18.027 B. Authorize Work Authorization #1 to Tim Rose Contractina. Inc. Construction Services Contract for the Millina. Base Conditionina and Pavina of Kevstone Drive in the Amount of $46,737 (Transmittal. 2017 Transmittal. Assessment. Work Authorization. Scone. Quote) The City Manager stated Keystone Drive would be the first street to be repaired by the previously approved contracts and recommended approval. MOTION by Council Member Dodd and SECOND by Vice Mayor Kinchen to approve Work Authorization #1 to Tim Rose Contracting for the milling, base conditioning, and paving of Keystone Drive. In response to Vice Mayor Kinchen, the City Manager stated the contractor did agree to use the bid prices. Mayor Hill noted some areas of the road needed more work than others which resulted in a higher bid. ROLL CALL: Council Member McPartlan — aye Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Motion carried 5-0. 18.028 C. First Readina Ordinance No. 0-18-02 Fire Prevention and Protection — Set Public Hearina March 14. 2018 (Transmittal. 0-18-02. Code Chapter 42) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING, REVISING AND UPDATING CHAPTER 42 OF THE CODE OF ORDINANCES RELATING TO FIRE PREVENTION AND PROTECTION; PROVIDING FOR SEVERABILITY, CONFLICTS, AND EFFECTIVE DATE. The City Attorney read the title. MOTION by Vice Mayor Kinchen and SECOND by Council Member McPartlan to pass Ordinance No. 0-18-02 on first reading. 8:16 pm The Building Official gave a PowerPoint presentation outlining the benefits of having the City establish a Fire Marshal's office. (See attached) Mayor Hill noted that they received an e-mail of support from Tom Collins and asked that it be entered into the record. Regular City Council & Board of Adjustment Meeting February 14, 2018 Page Nine The Building Official stated he would be sitting for the exam in the near future to become a certified inspector; to help with the learning curve, a contract with SafeBuilt would be coming before them at the time of the second reading; and, this new service will not have an impact to the budget. Council Member Dodd asked that the motion be amended to change the "building director" designation to "city manager will designate the fire marshal and submit that designation to City Council for approval" in Sec. 42.27(c) to provide flexibility in the future if the City Manager would like someone to serve as the fire marshal. There was no objection from Vice Mayor Kinchen and Council Member McPartlan to amend their motion. Council Member lovino agreed with the amendment noting in the future, the City may want the fire marshal to have fire experience. ROLL CALL: Mayor Hill — aye Vice Mayor Kinchen — aye Council Member Dodd — aye Council Member lovino — aye Council Member McPartlan — aye Motion carried 5-0. 18.029 D. Citv Attornev Report on Recreational IMDact Fees (Transmittal) The City Attorney said the issue was raised regarding the proper use of impact fees and cited Code Sec. 74.55. (See attached) He said the City's Comprehensive Plan defines neighborhood and community parks; and community parks typically have athletic fields. He said based on the Code and Comprehensive Plan, the lighting repairs at the Barber Street sports field is an allowable expense. Damien Gilliams said he didn't consider the lighting an improvement because it exists; if there was no lighting that would be an improvement. He asked that monies collected in a specific zone, stay in that zone. 18.030 E. First Readina Ordinance No. 0-18-03 — Petition for Voluntary Annexation — SDirit of Sebastian — Set Public Hearina March 14. 2018 (Transmittal. 0-18-03. Staff Analvsis. Attachment A. Survev) 8.27 pm AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 182.87 ACRES, MORE OR LESS, LOCATED SOUTH OF VACANT "INDUSTRIAL -ZONED" LAND, WEST OF THE FEC RAILROAD AND OLD DIXIE HIGHWAY, AND NORTH AND EAST OF SEBASTIAN HIGHLANDS AND SOUTH MOON UNDER RESIDENTIAL SUBDIVISIONS; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-18-03. The Community Development Director stated a petition for voluntary annexation was made for this property, in accordance with F.S.171 and the City's Comp Plan, she presented Ordinance No. 0-18-03 for consideration and if Council wished to proceed, staff will initiate public notice and set a second hearing for final adoption. Regular City Council & Board of Adjustment Meeting February 14, 2018 Page Ten 15. 16. 17 MOTION by Vice Mayor Kinchen and SECOND by Council Member lovino to approve Ordinance 0-18-03 on first reading. Damien Gilliams said he was concerned with annexing 182 acres without a certified engineer on staff advocating for the community in regard to the single train crossing and direction traffic will exit. He said it needed to be tabled to address the impact it will have to the community. Ben Hocker, Sebastian, said the City annexed another piece of property along Old Dixie Highway and changed the zoning which the City is not benefiting from taxes on that property; the County doesn't want to change the property to residential which is why the applicant is coming to the City; it doesn't seem profitable. Chuck Mechling, 5070 N Highway A1A, said adding any tax base would be an asset; because it is almost infill project, it makes practical sense to annex the property into the City because services are there. He said traffic and any other studies will have to be submitted and reviewed by an engineer before it goes to any development stage. His team would like to move it forward. Mayor Hill said it is exactly what the City's Comprehensive Plan calls for; it will ultimately be developed --Sebastian can control the type of development; it will be a less expensive community because of the required storm water retention and underground utilities will be developed. Council Member Dodd said during the PUD process, Council will have opportunity to review the preliminary plat, ingress/egress, and utilities. He was in favor of the annexation. Mayor Hill clarified the community would generate approximately $300,000 in additional taxes. Vice Mayor Kinchen commented that in regard to the e-mail they received, she did not talk to anyone regarding the annexation. (See attached) ROLL CALL: Vice Mayor Kinchen — aye Council Member lovino — aye Mayor Hill — aye Motion carried 5-0. yeaws-alvel: u. Council Member Dodd — aye Council Member McPartlan — aye The City Attorney asked City Council if they would like the Mayor or City Manager to attend the real estate closing of 1215 Indian River Drive. It was the consensus of Council to let the City Manager sign the closing documents on behalf of the City. CITY MANAGER MATTERS - None CITY CLERK MATTERS - None 10 Regular City Council & Board of Adjustment Meeting February 14, 2018 Page Eleven 18. CITY COUNCIL MATTERS A. Council Member lovino - None B. Council Member McPartlan - None C. Mayor Hill - None D. Vice Mayor Kinchen - None E. Council Member Dodd Council Member Dodd said at the last meeting, he was dismayed with the Dredging Marine Consultants' presentation on the canal approach and if Council agreed, he would like them to direct the City Manager to cancel the contract and negotiate an exit strategy. He would also like them to direct the City Manager to contact Hoyle, Tanner & Associates who did a comprehensive seawall study in 2015, to discuss the possibility of taking over the permit process. He noted the 2015 Hoyle, Tanner & Associates' study indicated 89% of the system would need remedial work within 04 years which brings them to one year away; and 38% would need to be addressed in 4-10 years. The City Attorney requested to look at the contract and come back with a recommendation. The City Manager said he would issue a stop work order until a final determination could be reached. It was the consensus of City Council to proceed as the City Manager and Attorney advised. 19. Being no further business, Mayor Hill adjourned the Regular City Council Meeting at 8:47 p.m. Approved ft the March 14, 2018 Regular City Council Meeting. Mayor ,Ibhnette Williams, MMC — City Clerk *Approved as amended on this page. 11 SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division CITY OF SEBASTIAN, FLORIDA MINUTES SPECIAL MAGISTRATE CODE ENFORCEMENT HEARING November 21, 2017 The hearing was called to order at 2:00 p.m. by Special Magistrate Kelley H. Armitage. Administrative Assistant Janickie Smith swore in all persons that would be speaking. Present: Special Magistrate Kelley H. Armitage, Interim City Attorney Cynthia Van DeVoorde Hall, Code Enforcement Officer Curtis Bloomfield, Administrative Assistant Janickie Smith, Chief Michelle Moms, Commander John Blackledge, Councilwoman Andrea Coy, Building Department Supervisor Wayne Eseltine, Building Inspector Dan Hainey. Procedure for Enforcement of Accessory Structure (Sec. 54-2-7.5(c)(2)) Case No.: CE 17-011162 BOB HARRIS 755 S. FISCHER CIRCLE, SEBASTIAN, FLORIDA 32958 Magistrate Armitage asked the procedural history of the case and if there had been a citation issued and stated Mr. Harris request of a review of the citation issued. Code Officer Bloomfield identified himself and his years of service with the City of Sebastian. Code Officer Bloomfield reviewed the code for accessory structures and stated Mr. Hams feels he is being singled out by the City of Sebastian as this is a violation that is not regularly enforced. Code Officer Bloomfield provided the address of 757 Spire Avenue who was cited for the same violation on January 28, 2016. Ms. Hall asked the notice of violation for 757 Spire Avenue be entered as exhibit K. Mr. Harris had no objections. Magistrate Armitage asked Mr. Harris if he understood the import of that violation into evidence, that the officer has written a previous violation similar to yours. Mr. Harris stated yes. Officer Bloomfield stated this complaint is based on an adjacent property owner. Code Officer Bloomfield stated on June 9, 2016 a complaint was received for Mr. Harris at 755 S. Fischer Circle had multiple storage sheds on the property without a permit. Code Officer Bloomfield responded to the location and was unable to see any sheds from the public road, right of way or easement. Code Officer Bloomfield provided photos of the residence on the overhead projector and explained his visit to the residence on June 9, 2016. Code Officer Bloomfield stated the call was closed at that time with a conclusion of no violations noted at this time. On March 23, 2017 Code Officer Bloomfield stated he received a complaint on the same property reference multiple recreational vehicles. After an inspection of the property he found three boats parked on the property and cited Section 54-2-7.13(b)(9) as being a code violation. Mr. Bloomfield provided photos of the boats. The owner at that time was cited. When hanging the notice of violation on the door of the residence Mr. Bloomfield stated he also saw twice the amount of recreational vehicles on the property and had a visual of two sheds. Mr. Bloomfield provided photos of his findings and explained in detail the photos. Mr. Bloomfield states the notice of violation was mailed and copies were hand delivered to Mr. Harris on March 24, 2017. Mr. Hams at that time explained the building department told him he did not need a permit for the sheds. Mr. Harris did comply and the violation for the recreational vehicles was closed. Mr. Bloomfield stated a meeting was held with Mr. Hams to clarify what was needed in order to bring the property back into compliance. Mr. Harris was recited for the same violation for the sheds on April 12, 2017. Mr. Bloomfield provided photos and a description on the overhead projector. Mr. Bloomfield stated the sheds do not meet the setback requirements of fifteen feet and the City of Sebastian request the Magistrate to cite Mr. Harris property in violation of the City of Sebastian land development code section 54-2-7.5(c)(2). Magistrate Armitage asked Mr. Harris if he had any questions for the code officer. He stated yes. Mr. Harris asked Mr. Bloomfield if he originally came out to his property for the boats. Mr. Bloomfield answered yes. Mr. Harris verified with Mr. Bloomfield previous conversations reference the boats and the agreement to get rid of them and this was done in a timely manner, Mr. Harris stated permits were obtained and signed off by Dan in the building department for the sheds but was told by Mr. Bloomfield at that time he was not sure if the prefabricated plastic sheds required and would find additional information and get back with him. Mr. Bloomfield answered that is incorrect. Mr. Bloomfield explained a code violation was cited on that day for the plastic sheds so there was no need to find out about the sheds. Mr. Bloomfield stated the he wanted to verify what information was given to Mr. Hams by the building department inspectors. Mr. Hams stated there was a conversation in the lobby of the Police department with Mr. Bloomfield a week later after Mr. Bloomfield spoke with the building department and asked Mr. Bloomfield to recall that conversation. Mr. Bloomfield asked Mr. Harris to remind him of that conversation. Mr. Harris stated he was told by Mr. Bloomfield that no permitting was necessary for the plastic sheds are treated like children's playhouses. Mr. Hams stated he shook hands with Mr. Bloomfield and he departed. Mr. Bloomfield stated that was not accurate because he had cited someone previously for the sheds and the only difference would be if the Building Department Director decided not to pursue it and I would respect that. Mr. Harris stated if you took at the difference in the times of the violations of the boats and sheds which expanded over six months and our conversation in the Police Department of our agreement that the sheds were fine. I permitted the shed that I was to and no permit was obtain for the plastic sheds per Linda, Andy and Dan with the building department and you agreed with that also at the same time. Mr. Harris asked after continued pressure from his homeowner's association that prompted Mr. Bloomfield to return to his residence after being told the plastic sheds were fine to write code violations. Mr. Bloomfield answered this is not correct and referred to the overhead projector of a copy of the notice of violation dated November 24 for accessory structures. Mr. Bloomfield stated Mr. Hams was cited on his first visit to the residence for the violation and he has no knowledge of anything else that Mr. Harris has previously stated. Mr. Bloomfield acknowledged receiving a complaint from the homeowner's association but nothing further. Mr. Harris asked Mr. Bloomfield to recall the twenty minute conversation in the Police lobby telling him the plastic sheds were okay. Mr. Bloomfield stated this is incorrect and responded to a comment by Mr. Harris the violations are certain throughout the city and I explained to you at that time the violations are handled on a case by case basis. The last time I addressed a sited issue was based on a complaint. Mr. Harris stated he would hate to hold Mr. Bloomfield under fire, my conversation with Mr. Bloomfield occurred after Mr. Bloomfield held checked with the building department and you came back to me and explained the sheds were fine, there was pressure and more phone calls that caused a city employee to cave under fire. Objection from Ms. Hall asking if Mr. Harris had a question for Mr. Bloomfield. Mr. Harris stated he had no more questions. Ms. Hall asked Mr. Bloomfield to identify pages 1,2, & 3 of Exhibit A on the overhead projector. Mr. Bloomfield acknowledged exhibit A as a notice of code violations posted to Mr. Hams and verified all pages and dates and the letters originated from him. Mr. Harris had no objections to this exhibit being added into evidence. Mr. Bloomfield verified the day the letters were delivered to Mr. Hams from the postal service via tracking or confirmation March 25, 2017. Ms. Hall asked that this be entered into evidence as exhibit B. Mr. Hams had no objections. Ms. Hall asked if the clerk had a copy of this information. Ms. Smith answered yes. Ms. Hall asked Mr. Bloomfield to identify the page labeled as exhibit C. Mr. Bloomfield stated this is the re -issue of the second notice of violation to Mr. Harris for accessory structure dated April 14, 2017 and all pages attached to this document. Mr. Bloomfield acknowledged the letter was originated and delivered by him to Mr. Hams. Mr. Harris had no objection to this information being added into evidence. Magistrate Armitage ruled all above items would be entered into evidence. Ms. Hall asked Mr. Bloomfield did he originate an item labeled as exhibit E. Mr. Bloomfield answered yes and explained the item was an official document notifying Mr. Hams of the notice of hearing with the Special Magistrate dated November 9, 2017, the notice was delivered certified mail and the date. Mr. Harris had no objections to this item being entered into evidence. Magistrate Armitage stated it is so entered. Ms. Hall asked Mr. Bloomfield to identify the page labeled as exhibit F. Mr. Bloomfield stated the document was an official notice from the United Stated Postal Service via tracking confirmation. Ms. Hall requested the item entered into evidence as exhibit F. Mr. Harris had no objections. Magistrate Armitage ordered the item into evidence. Ms. Hall asked Mr. Bloomfield if he recalled if he ever indicated to Mr. Harris a legal determination as to whether plastic sheds do or do not need to be permitted. Mr. Bloomfield answered yes recalling a property that he cited and that is his stance and provided further explanation. Ms. Hall asked Mr. Bloomfield during Mr. Harris in asking his questions to Mr. Bloomfield indicated that he showed Mr. Bloomfield a permit for a shed that was signed off by Building Official Dan and your answer to him indicated that you would find out more about that, were you ever shown a permit that was issued for the plastic sheds. Mr. Bloomfield stated that is incorrect and the permit was for one shed and did not pertain to the six plastic sheds and explained his reasoning. Mr. Bloomfield explained he was told by Mr. Harris that there were two building officials at his residence who saw opposite from what I saw and this is the information that had to be confirmed. Ms. Hall stated she has no further questions for this witness. Magistrate Armitage stated to Mr. Harris he had a question for him. is it fair for me to summarize your position as this: the six sheds were not permitted because you were told they did not need a permit. Mr. Harris answered correct. Magistrate Armitage stated he would have to have the Director of the building department present and see if we can have him come into the courtroom to address this issue. Would it be fair to summarize if you were told at the time that all seven sheds needed to be permitted, that all seven sheds would have been permitted. But only one shed was permitted because you were told only one needed to be permitted. Mr. Hams stated there was more to the story but this is correct. Mr. Harris stated the building officials were at his residence reference installation of my garage doors which were inspected by employees with the building department with the plastic sheds and the permitted wood shed in place and was never cited. I was told by I think it was Andy "yep we don't see those plastic sheds, we don't care about them". I think Dan Hainey was also out there who left his business card as the Chief Building Inspector and he said the sheds do not need permits, we don't care about them. Mr. Harris stated he does know that almost three years ago, Officer Bloomfield issued a citation for a shed going into the neighbor's fence. There is sixty to seventy feet behind these sheds that are between mine and the neighbor's property, identify for a moment that although these sheds have been called illegal, Mr. Eseltine explained that if I get an engineer's drawing of shed's straps so they don't blow away during a hurricane that I could apply and get a permit for these six sheds. Magistrate Armitage asked Mr. Eseltine is this an accurate account of the conversation with Mr. Harris. Mr. Eseltine stated partially, his first conversation to Mr. Harris when he had made those kinds of accusations on the phone, the best thing to do is have a meeting with everyone in the room. The meeting included myself, Curtis, my two inspectors, Andy A, & Dan Hainey. Andy did an inspection on the first manufactured shed that was approved, unless it is a life safety issue we don't start writing people up for everything we see and there is a Florida statue that speaks to that fact. Andy walked away from the plastic sheds stating I don't see that indicating to Mr. Harris those aren't legal but I'm not writing you up. We had this meeting with everyone in the room and we discussed all of these issues. Mr. Hainey visited the property and did not cite Mr. Harris either but counseled Mr. Harris the sheds do require permits but there are lots of these sheds around town and they have not all been cited. Towards the end of that meeting I apologized to Mr. Harris the employees not citing him for these code violations that are clear in the ordinance that these sheds need to be permitted. The sheds are sold at Home Depot and when they are bought, and no permits are obtained when installed. Mr. Eseltine stated we were responding to a complaint and when going out there Mr. Harris did comply with what he was told to do getting the sheds permitted and also complied with the engineering and we stamped off on his plans. Magistrate Armitage asked if Mr. Hams applied for these six. Mr. Eseltine answered yes structurally he has complied, the problem is the setback, they have to be fifteen feet from the property line. Magistrate Armitage asked if the property line is where these large cement barriers are, referring to a photo on the overhead projector. Mr. Harris began speaking and was instructed by the Magistrate to not interrupt. Mr. Harris apologized. Magistrate Armitage asked questions reference the photo and Mr. Eseltine answered all questions. Ms. Hall stated she had exhibit G which is the owner/builder application in which Mr. Harris applied for. Mr. Harris did not object. Magistrate Armitage allowed exhibit G into evidence. Magistrate Armitage asked additional questions reference the photo to Mr. Eseltine and all questions were answered. Magistrate Kelley asked what is the distance from the seawall and the plastic structures. Mr. Bloomfield answered about four to five feet. Magistrate Armitage asked if the setback requirements are fifteen feet. Mr. Eseltine answered correct. Mr. Eseltine stated lie sent Mr. Hams a letter in September after he applied for the permits in May indicating that he had applied for the permits and we reviewed and made comments on May 17 and read the comments in the letter sent to Mr. Harris giving him 180 days to comply. Magistrate Armitage asked Mr. Harris if he received a copy of this letter. Mr. Harris stated yes. Magistrate Armitage asked Mr. Eseltine if he had anything further to add. Mr. Eseltine answered no. Ms. Hall requested this letter is added into evidence as exhibit H. Mr. Harris did not object. Magistrate Armitage so entered. Magistrate Armitage asked Mr. Hams if he complied with the notice to seek a variance. Mr. Harris stated the cost of the variance and stated the money spent on the permits and engineering in order to gain compliance. Mr. Harris stated he felt the sheds should not have to be permitted and explained his reasoning why. Mr. Hams also explained a photo from the rear of his property and no neighbors within at least forty feet. Mr. Harris explained he complied with the initial request of the building department in detail. Magistrate Armitage advised Mr. Harris that his plea is a textbook example to apply for a variance. And variance is beyond the prevue of this court and the reason why we're here is absence of the variance and absence of you adhering to the code, there is a violation. If you had sought a variance you would not be here. Mr. Harris stated he understood that. Magistrate Armitage stated he understood of how costly it is, but this is not an excuse. Magistrate Armitage stated the director did not approve of some of the language his employees used, is that correct. Mr. Eseltine stated not the language so much but I think they were trying to be nice and advise him rather than write him up. Magistrate Armitage stated "no good deed goes unpunished". Magistrate Armitage stated you have been given an inch and are trying to take a mile. Mr. Hams stated he did not think so at all and again made a plea on his case but was interrupted by Magistrate Armitage stating he would like to speak with the Building Official who spoke with Mr. Harris. Magistrate Armitage called for a five minute recess to bring Dan Hainey Building Official into the courtroom at 2:55 p.m. Ms. Hall requested photos taken by Mr. Bloomfield of Mr. Harris property are entered into evidence Recess ended at 3:03 p.m. Ms. Hall cross examined Mr. Eseltine. Mr. Eseltine stated his name and position with the City of Sebastian. Ms. Hall asked if Mr. Eseltine was familiar with the land development, city ordinances, and building codes. Mr. Eseltine answered yes, Florida Building code. Ms. Hall stated this gentleman was cited for and provided the section number and asked Mr. Eseltine to define an accessory structure. Mr. Eseltine answered the question and provided the definition. Ms. Hall asked additional questions defining the accessory structure code. Mr. Eseltine answered all questions. Ms. Hall asked why do these structures require a permit. Mr. Eseltine answered all questions based on the code ordinance and his knowledge and experience. Magistrate Armitage asked how the sheds are attached to the ground. Mr. Eseltine stated he has not been out to inspect them but stated he would think so. Magistrate Armitage asked additional questions reference the requirements of tying down the sheds. Mr. Hams made a plea stating the sheds do not have to be permitted and stated this is not in the Florida building codes and cited the City of Dunedin shed codes. Mr. Eseltine responded to Mr. Harris and answered all questions. Ms. Hall objected to Mr. Harris referring to code ordinances from a different city. Magistrate Armitage asked who is responsible for interpreting codes on behalf of the City of Sebastian. Mr. Eseltine answered the Building Official and that is myself. Magistrate Armitage asked who's opinion matters as far as the city. Mr. Eseltine answered as far as the State is concerned it is my opinion that matters. Magistrate Armitage stated to Mr. Harris that he can have an opinion, but it is Mr. Eseltine opinion that is the importance of the city and the reason why we are here. It is Mr. Eseltine opinion that Mr. Harris sheds are defined as a building and are in code violation. Mr. Eseltine answered correct. Mr. Harris stated he understood. Magistrate Armitage stated this is why the letter was sent to Mr. Harris in September giving you the option to seed a variance. But you rejected because of the costs. Mr. Harris answered correct. Magistrate Armitage defined the delegation of duties to officials to uphold the law. Mr. Harris stated he was in disagreement of the entire staff. Magistrate Armitage informed Mr. Hams the ordinances and laws have to be followed. Mr. Hams pleaded his case as to why his sheds should not have to be permitted, comparing them to children's playhouses and there being no neighbor within forty to fifty feet. Magistrate Armitage explained this would be an example for a variance and explained why. Magistrate Armitage explained it is his job to ensure the Building Official has followed the mandates of his office and he has. Mr. Eseltine explained to Mr. Harris his interpretation of he is misinterpreting the city code. Ms. Hall responded to Mr. Hams stating the citation written for 757 Spire Ave. was an example that there are violations cited for this ordinance. Mr. Eseltine stated his building officials can testify they have written previous code violations for this ordinance as well. Building Official Dan Hainey was called to testify. Magistrate Armitage stated you were called because you were actually at the cite, is that correct. Mr. Hainey answered yes. Magistrate Armitage asked if he saw the sheds. Mr. Hainey answered yes. Magistrate Armitage asked why did you choose not to write up the landowner at that time. Mr. Hainey stated he responded to a complaint and went out to the site and explained in detail his visit to the residence. Mr. Hainey stated he explained to the homeowner the sheds were not allowed and if he did not get rid of them he would have an issue with code enforcement. Mr. Harris stated he did not have any questions for Mr. Hainey and this was a battle he was not going to win. Magistrate Armitage asked Mr. Eseltine if he was a general contractor. Mr. Eseltine answered correct. Magistrate Armitage stated to Mr. Eseltine it is your job to interpret building codes and use your expertise. Mr. Eseltine answered correct. Magistrate Armitage stated this particular code is not specific but it is your interpretation that is granted by the City of Sebastian determined that this building are in violation of the code. Mr. Eseltine answered correct. Magistrate Armitage stated if a city becomes aware of a problem and chooses to enforce it is within their prevue. Mr. Harris stated he understood and this was not a problem until a member of City Council felt threatened at City Hall and then it became a problem. Magistrate Armitage stated that is an incendiary statement to make. Mr. Hams stated he was told the sheds did not require a permit and today their stories have changed. Mr. Harris stated the reason he feels the employees have changed their mind in detail. Mr. Harris requested additional time to apply for a variance and appeal but will pay the money. Magistrate Armitage stated Mr. Hams left the impression that city employees have abused their power and violated his rights. Magistrate Armitage stated if you have any allegations to make it to the witness directly or say he did his job properly. Mr. Hams understood. Magistrate Armitage asked Mr. Harris has the witness done anything wrong, illegal, or biased. Mr. Hams answered yes and no and explained his reasoning why. Mr. Eseltine provided an explanation of what his employees explained to Mr. Harris. Magistrate Armitage stated to Mr. Harris that you made allegations against Mr. Eseltine and asked him to explain what he has done. Mr. Harris stated Mr. Eseltine because of political pressure. Mr. Eseltine stated he will admit that Mr. Wright never talked to me directly but to us in a meeting. Mr. Eseltine stated he personally did not call me. Mr. Eseltine stated there was a meeting with Mr. Wright, Code Enforcement, myself, Police Chief, City Manager, and another gentleman that I do not remember his name. Mr. Hams stated the board of directors with the homeowner's association came to City Hall and also made phone calls reference complaints. Magistrate Armitage stated this is different to allegations you made reference officials bending to political pressure. Ms. Hall stated a citizen can make a complaint. Magistrate Armitage stated you failed to show a political pressure, a resident asked for a meeting and Mr. Eseltine was directed to go. You have failed to show any political pressure of the fact that he has changed his views because he was ordered to do so. You alleged that he is abusing his position to your detriment. Mr. Harris stated all conversations with city people he should record. Magistrate Armitage reminded Mr. Hams there are laws for the State of Florida regarding recording conversations. Mr. Harris requested six months to acquire a variance. Ms. Hall stated the City of Sebastian is proposing not to obtain fees for administrative services unless the homeowner fails to comply. We are proposing for a variance or demolition of the sheds and referred to the conclusion of law and variance requesting fifteen days for a new permit application from the building department and the same to apply for a variance. Mr. Harris requested for the wave of the variance fee. Magistrate Armitage stated what in your behavior would lead you to give you that benefit and referred to the previous allegations made by Mr. Hams. Mr. Harris asked Code Officer Bloomfield you stated to me that Dan Duffell has called you numerous times, can you recall how many times. Mr. Bloomfield stated he spoke with him about three times about a complaint prior to me finding the sheds. And I explained to him that I did not see a code violation from the roadway and do not trespass onto private property. Mr. Hams asked if he felt Mr. Duffell was following up all the time to see where you're at with this complaint. Mr. Bloomfield answered not with me personally and I have not spoken with him since finding the violation. Magistrate Armitage asked Mr. Bloomfield if he felt pressured or ordered to find a violation against the respondent. Mr. Bloomfield answered no. Magistrate Armitage asked if he felt any conspiracy out to violate the rights of the respondent. Mr. Bloomfield answered no stating he cited Mr. Harris on his own. Mr. Harris stated he had no further questions. Ms. Hall asked Mr. Bloomfield where were you when you viewed all of the sheds. Mr. Bloomfield stated he was on the adjacent wooded lot with permission from the property owner and stated his name. Ms. Hall confirmed Mr. Bloomfield took photos on the vacant adjacent property with permission from the property owner. Mr. Bloomfield stated yes. Ms. Hall requested the photos are entered into evidence as KL, & M. Ms. Hall asked Mr. Bloomfield how much time was spent on the case in 2017. Mr. Bloomfield answered four hours total. Magistrate Armitage asked is there anyone else's time. Mr. Eseltine answered three hours. Ms. Hall asked what hourly rate is typically charged for his administrative rate. Mr. Eseltine answered $60. Magistrate Armtage asked if there were any other employees doing administrative work on this case. Ms. Hall answered I believe it was the clerk and that is one hour. Magistrate Armitage called a court's witness or comment. Councilwoman Andrea Coy gave comment and her interaction with Mr. Harris. Magistrate Armitage responded to Ms. Coy's comments. Ms. Hall suggested fifteen days for Mr. Harris to apply for a variance. Magistrate Armitage asked Mr. Hams is this doable? Mr. Eseltine stated we will not make him reapply for the permit as long as he applies for the variance. Ms. Hall stated there will be no additional permit fee. All parties discussed the fee, meeting dates and stipulations for applying for a variance. Mr. Hams apologized for his behavior and explained further. Mr. Bloomfield explained previous violations cited on the property before Mr. Harris moved in. Magistrate Armitage made additional comments reference the allegations made by Mr. Hams with Mr. Hams responding. Ms. Hall referred to the order of law and conclusion of law for judgement. Thirty days for respondent to apply for a variance, pay administrative costs and be fined $20 per day if respondent does not comply. Mr. Harris called a witness Susan Prudhome who made comment. Magistrate Armitage referred the witness to contact Mr. Eseltine with any questions reference the city codes and to refer to the homeowner's association for their regulations. Ms. Hall asked what would be the stipulations if Mr. Harris is denied for the variance. Ms. Hall is requiring the sheds are demolished if the variance is denied. Magistrate Armitage asked is there a way to keep the sheds with a permit. Mr. Eseltine answered yes if Mr. Hams meets the setback requirements. Magistrate Armitage stated by February 28, the sheds will either be torn down, or moved to a position agreeable by the Building Official. Mr. Eseltine agreed. Magistrate Armitage stated if none of this is done a fine of $25 per day will be accessed. Mr. Eseltine and Dan Hainey explained the engineering process if Mr. Harris does not apply for a variance. Mr. Harris agreed. Hearing adjourned at 4:16 p.m. K "EA -t t K City of Sebastian Sebastian Police Department 1201 Main Street • Sebastian, FL 32958 Telephone: (772) 388-4436 NOTICE OF VIOLATION Date I a Time Served on As Owner, Resident or Agent of property located at Inspection of property indicates a violation of City O-rdinance Section 15L — •3 �'u '�� lr OwF{�u�st�,Tl'rN�—f�� c�G SfcfZ�JykGk E'�y+un„�,.u.C�TS� Qw�c•a� r�t4cr.3 You are hereby edtocorrecttheabove violation within- ays hoer& from the above date and is no ce. time ofthFailure to comply could result in a lien of your property, a notice to appear in county court, or fines of up to $250.00 a day, every day the violation exists. You have the right to appeal this Notice of Violation to the City of Sebastian Special Magistrate for Code Enforcement. If you have any questions please call. Serve Code Enforcemeh Officer f� LIIAS-111-4LCERTMEryr91 ?199 9991 7033 33S1 9293 1y4 P?OPr SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division Name of owner: Address of owner: Address of violation: 772-589-5233 Hotline: 772-388-4436 POSTED NOTICE OF CODE VIOLATION Current Resident 755 S Fischer Circle Sebastian, FL 32958 755 S Fischer Circle Sebastian, FL 32958 Date: March 24, 2017 Case: 17-00887 Public records indicate that you are the owner of the following property in the City of Sebastian, Florida: South Moon Under Sub Lot 8, PBI 11-52. An inspection of this property discloses, and the City has found and determined, that a condition exists thereon which is a violation of Section 54-2-7.13 of the Code of Ordinances of the City of Sebastian in that: Sec. 54-2-7.13 Mobile homes, travel trailers, campers, boats, trailers, and recreational vehicles. (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: (9) Not more than two recreational vehicles at the same time shall be permitted on any lot outside of an enclosed garage. ONLY TWO RECREATIONAL VEHICLES MAY BE ON THE EXTERIOR OF YOUR PROPERTY. PLEASEREMOVE ALL R Vs WHICH EXCEEDS THEALLOWED LIMIT FROM THE PROPERTYAS YOU HAVE EXCEEDED YOUR LIMIT OF TWO. You are hereby notified that unless the condition described above is remedied so as to make it in compliance with Sect. 54-2-7.13(b)(9) of the Code of Ordinances of the City within FIFTEEN (15) DAYS from the time of receipt hereof, the City of Sebastian will bring this case before the next scheduled hearing of the Code Enforcement Special Magistrate. If you have any questions, please phone the Code Enforcement Division. If you dispute that such alleged conditions exist on such property, you may request a hearing before the Special Magistrate to show good reason why such condition should not be corrected. Such request for hearing must be in writing and must be postmarked by a date not later than three days if five (5) days is given to correct the violation, or by hand -delivery or fax of such request by noon of the next business day if only forty-eight (48) hours is given in the notice, after your receipt of this notice by you or the occupant of the premises, and addressed to Sebastian Police Department, Code Enforcement Division, 1201 Main Street, Sebastian, FL 32958. Cowruy Bk-r�L By Curtis Bloomfield Code Enforcement Officer #674 Indian River County, Florida Property Appraiser - Property Data Data For Parcel 31390700002000000008.0 Base Data Parcel: 31390700002000000008.0 Owner: UNAVAILABLE 6A Site Address: CONFIDENTIAL Short Legal Description SOUTH MOON UNDER SUS - LOT 8 PBI 11-52 Click here for more Photos Secondary Owners No additional owners found. [+] Click to enlarge. Notes Notes: Click here to view oblique Imagery through Bing Maps. Report Discrepancy GIS parcel shapefile last updated 3/22/20175.'09:56 PM. LAMA database last updated 3/21/201711:07.•35 PM. Page 1 of I http://www.ircpa.org/Data.aspx?ParcelID=31390700002000000008.0 3/23/2017 [+] Map this property. ""f1 lQIll ais. Mailing Address Property Information Address: CONFIDENTIAL Prop ID: 32028 Address Line 2: Tax Code: 2 (City of Sebastian) Property Use: 0100 (SINGLE City, State Zip: FAMILY - IMPROVED) Neighborhood: 140029.00 (SOUTH MOON UNDER) Appraisal Date: 12/15/2014 Short Legal Description SOUTH MOON UNDER SUS - LOT 8 PBI 11-52 Click here for more Photos Secondary Owners No additional owners found. [+] Click to enlarge. Notes Notes: Click here to view oblique Imagery through Bing Maps. Report Discrepancy GIS parcel shapefile last updated 3/22/20175.'09:56 PM. LAMA database last updated 3/21/201711:07.•35 PM. Page 1 of I http://www.ircpa.org/Data.aspx?ParcelID=31390700002000000008.0 3/23/2017 *4 � Posh 31zy(1-7 t-- — oosg� City of Sebastian Sebastian Police Department 1201 Main Street • Sebastian, FL 32958 Telephone: (772) 388-4436 NOTICE OF VIOLATION Date 3 Le3 113-Time�10013 C) T ` V r Served on LEFT boot -,t u0+4 As Owner, Resident ol�Agent of property located at °x-55 S . V L.5cuX=- (2 (Z. - Inspection of property indicates a violation of City Ordinance Section 49r, Le — a -- - _ 1 �o s�--� .� Pl,�►�s� vu� IPcI-1, (L V,OJ'&-rL `c t�law�ir L�cu �' f OFL 2-, U�Sct��l.Lu You �v� 02yk o aLt� Youarehere y ' edtocorrecttheaboveviolation within days from the above date and time of this no ' allure to comply could result in a lien of your property, a notice to appear in county court, or fines of up to $250.00 a day, every day the violation exists. You have the right to appeal this Notice of Violation to the City of Sebastian Special Magistrate for Code Enforcement. If you have any questions please call. �j Servetea d By: ' 9;/ � Code Enforcement O cer SL$l�E� 13SPARTMEIyT nr,?o P SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division Tel: 772-589-5233 Hotline: 772-388-4436 POSTED NOTICE OF CODE VIOLATION Name of owner: Current Resident Date: March 24, 2017 Address of owner: 755 S Fischer Circle Sebastian, FL 32958 Address of violation: 755 S Fischer Circle Case: 17-00889 Sebastian, FL 32958 Public records indicate that you are the owner of the following property in the City of Sebastian, Florida: South Moon Under Sub Lot 8, PBI 11-52. An inspection of this property discloses, and the City has found and determined, that a condition exists thereon which is a violation of Section 54-2-7.5(c)(2) of the Code of Ordinances of the City of Sebastian in that: See. 54-2-7.5(c)(2) Accessory structures. (c) General regulations of accessory buildings: (2) No accessory structure shall be constructed or maintained without a building permit being issued by the city's building official expressly designating the type of the accessory structure (example: garage, shed, pump house). PLEASE OBTAINANAFTER THE FACT BUILDING PERMIT FOR ALL SHEDS LOCATED ON YOUR PROPERTY. PLEASE CONTACT THE BUILDING DEPARTMENT AT 772-589- 5537 TO OBTAIN THE PROPER PERMIT OR ANY INSPECTIONS BY OUR BUILDING OFFICIAL. You are hereby notified that unless the condition described above is remedied so as to make it in compliance with Sec. 54-2-7.5(c)(2) of the Code of Ordinances of the City within fifteen (15) days from the time of receipt hereof, the City of Sebastian will bring this case before the next scheduled hearing of the Code Enforcement Special Magistrate. If you have any questions, please phone the Code Enforcement Division of the City. If you dispute that such alleged conditions exist on such property, you may request a hearing before the Special Magistrate to show good reason why such condition should not be corrected. Such request for hearing must be in writing and must be postmarked by a date not later than ten days if fifteen (15) days is given to correct the violation, or by hand -delivery or fax of such request by noon of the next business day if only forty-eight (48) hours is given in the notice, after your receipt of this notice by you or the occupant of the premises, and addressed to Code Enforcement Division, City of Sebastian, City Hall, Sebastian, FL 32958. By Curtis Bloomfield Code Enforcement Officer #674 City of Sebastian Sebastian Police Department 1201 Main Street • Sebastian, FL 32958 Telephone: (772) 388-4436 NOTICE OF VIOLATION Date �3 T Time '' Served on LZ + -T oA'C 1)c)o& -c4V'k As Owner, Resident or Agent of property located at �j- 5 5 S . V-15c� CL fL . Inspection of property indicates a violation of City Ordinance Section 5 '- OR _S C�2 ��` II�``��- ►�u+t-cSSt� D� $TRuc"�u.JLik. . coq N `�v�•lc ou.2 St (OW ©" Youareherebyn ' ed to correct the aboveviolation within ays ho -Fs from the above date and time of this no ' ail ure to comply could result in a lien of your property, a notice to appear in county court, or fines of up to $250.00 a day, every day the violation exists. You have the right to appeal this Notice of Violation to the City of Sebastian Special Magistrate for Code Enforcement. If you have any questions please call. Code EnforcemenIADfficer U010.wuiv-uoro iracKmglavKesuns USPS Tracking" Page 1 of 6 FAQs > (http://faq.usps.com/?articleld=220900) Track Another Package + Tracking Number: 9171999991703333519293 Remove x Expected Delivery on SATURDAY 25 MARCH by 2017(D 8:OOpm O C✓ Delivered March 25, 2017 at 12:21 pm DELIVERED, LEFT WITH INDIVIDUAL SEBASTIAN, FL 32958 Tracking History March 25, 2017, 12:21 pm Delivered, Left with Individual SEBASTIAN, FL 32958 Your item was delivered to an individual at the address at 12:21 pm on March 25, 2017 in SEBASTIAN. FL 32958, March 25, 2017, 8:40 am Arrived at Unit SEBASTIAN, FL 32958 https://tools.usps.com/go/TrackConf miAction?tLabels=9171999991703333519293 11/21/2017 -1, " � iuu Klink !S, KCSUILS I'agc 2 oF4 March 24, 2017, 8:52 pm Departed USPS Regional Facility ORLANDO FL DISTRIBUTION CENTER March 23, 2017, 9:15 pm Arrived at USPS Regional Facility ORLANDO FL DISTRIBUTION CENTER Product Information u See Less /\ Can't find what you're looking for? Go to our FAQs (http://faq.usps.com/?articleld=220900) section to find answers to your tracking questions. The easiest tracking number is the one you don't have to know. littps://tools.asps.com/go/'l'rackContirmAction?tLabels=9171999991703333 519293 11/21/2017 C. _204Trq 41 91 7199 9991 7033 3351 9552 POLIC$ pgpAR7MEpr 4'4x�W O SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division Tel: 772-589-5233 Hotline: 772-388-4436 POSTED NOTICE OF CODE VIOLATION Name of owner: Current Resident Address of owner: 755 S Fischer Circle Address of violation: Sebastian, FL 32958 755 S Fischer Circle Sebastian, FL 32958 Date: April 14, 2017 Case: 17-011162 Public records indicate that you are the owner of the following property in the City of Sebastian, Florida: South Moon Under Sub Lot 8, PBI 11-52. An inspection of this property discloses, and the City has found and determined, that a condition exists thereon which is a violation of Section 54-2-7.5(c)(2) of the Code of Ordinances of the City of Sebastian in that: Sec. 54-2-7.5(c)(2) Accessory structures. (c) General regulations of accessory buildings: (2) No accessory structure shall be constructed or maintained without a building permit being issued by the city's building official expressly designating the type of the accessory structure (example: garage, shed, pump house). PLEASE OBTAIN AN AFTER THE FACT BUILDING PERMIT FOR ALL SHEDS LOCATED ON YOUR PROPERTY. PLEASE CONTACT THE BUILDING DEPARTMENT AT 771-589- 5537 TO OBTAIN THE PROPER PERMIT OR ANY INSPECTIONS BY OUR B UILDING OFFICIAL. You are hereby notified that unless the condition described above is remedied so as to make it in compliance with Sec. 54-2-7.5(c)(2) of the Code of Ordinances of the City within fifteen (15) days from the time of receipt hereof, the City of Sebastian will bring this case before the next scheduled hearing of the Code Enforcement Special Magistrate. If you have any questions, please phone the Code Enforcement Division of the City. If you dispute that such alleged conditions exist on such property, you may request a hearing before the Special Magistrate to show good reason why such condition should not be corrected. Such request for hearing must be in writing and must be postmarked by a date not later than ten days if fifteen (15) days is given to correct the violation, or by hand -delivery or fax of such request by noon of the next business day if only forty-eight (48) hours is given in the notice, after your receipt of this notice by you or the occupant of the premises, and addressed to Code Enforcement Division, City of Sebastian, City Hall, Sebastian, FL 32958. Cau'ttiy BLo� By Curtis Bloomfield Code Enforcement Officer #674 Indian River County, Florida Property Appraiser - Property Data Data For Parcel 31390700002000000008.0 Base Data Parcel: Owner: Site Address: Mailing Address Address: Address Line 2: City, State Zip: 31390700002000000008.0 UNAVAILABLE CONFIDENTIAL [+] Map this property. Property Information CONFIDENTIAL Prop ID: 32028 Tax Code: 2 (City of Sebastian) Property Use: 0100 (SINGLE FAMILY -IMPROVED) Neighborhood: 140029.00 (SOUTH MOON UNDER) Appraisal Date: 12/15/2014 Short Legal Description SOUTH MOON UNDER SUB - LOT 8 PBI 11-52 Click here for more Photos Secondary Owners No additional owners found. [+] Click to enlarge. Notes Notes: Click here to view oblique Imagery through Bing Maps. Report Discrepancy GIS parcel shapefile last updated 4/13/2017 5:09:58 PM. G4MA database last updated 4/13/201711:07.•38 PM. Page 1 of 1 http://www.ircpa.org/Data.aspx?ParcelID=31390700002000000008.0 4/14/2017 F Pl)st q /-�/I � 1-4- - 0i i i 6D- . City of Sebastian Sebastian Police Department 1201 Main Street • Sebastian, FL 32958 Telephone: (772) 388-4436 NOTICE OF VIOLATION Date i 9L } Time -9 9 3 e;k- Served on LIZf7 14Tr poo 2 k cig4k- As Owner, Resident or Agent of property located at `+SS S - 1�t5CA'r'-2 CL -(Z- . Inspection of property indicates a violation of City Ordinance Section 5 ct — i—. 5 c 2 PSV."-rWzJ� �0& i'k c-�6cs s a4� Szdcu�,zu�2Fc. OIL udL �D 5�2Z You are reby ed to correctthe above violation within day hews from the above date and time of this n allure to comply could result in a lien of your property, a notice to appear in county court, or fines of up to $250.00 a day, every day the violation exists. You have the right to appeal this Notice of Violation to the City of Sebastian Special Magistrate for Code Enforcement. If you have any questions please call. Se bT— . Code Enforcement accer SEBASTIAN POLICE DEPARTMENT it Code Enforcement Division III III I ( �I'll S PITNEY BOWES 1201 Main Street 02 IP $ 005.260 Sebastian, FL. 32958 099321 APR 1 B 2917 FRO 91 7199 9991 7033 3351 9552 MAILED FROM ZIP CODE 32958 RECEIVEp MAY 15 P011 Current Resident G 11Y/✓1 ` 755 5 Fischer Circle ��(�, t�^_- sebastl=n Ft -3295801b WMOI1 d. .512-C111-1 N 11E .339 SF. i 00851111ii i f:ETJ Rt TO ISENOER IIII IIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII UNABLER' TO FORWARD I 32958755 FISCHER CR Sinature Required 9.�--.��5.€ 1'111'11'!;1111'Ii"ll'II'lII11"""'II'Illllllll"1!!1111!!'!!1 1;rB/tstl POLICE_ � IV 91 7199 SEBASTIAN POLICE DEPARTMENT 1201 Main Street, Sebastian, Florida 32958 Code Enforcement Division 772-589-5233 Hotline: 772-388-4436 NOTICE OF VIOLATION HEARING BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE NOVEMBER 9, 2017 IN THE MATTER OF: CASE NO. 17-011162 BOB HARRIS 755 S FISCHER CIRCLE SEBASTIAN, FL 32958 ADDRESS OF VIOLATION: 755 S FISCHER CIRCLE SEBASTIAN, FL 32958 The full legal description of the real property upon which these violations occur is: South Moon Under Sub Lot 8, PBI 11-52. ATTENTION: The Code Enforcement Division of the City of Sebastian has previously notified you of an alleged violation of the Code of Ordinances of the City of Sebastian. The Code Enforcement Division contends that the following violation was not corrected within the specified time given. Per Land Development Code of the City of Sebastian Section 54-2-7.15, the Code Enforcement Division is bringing you before the Special Magistrate to be heard on the alleged violation of the following: Sec. 54-2-7.5(c)(2) Accessory structures. (c) General regulations of accessory buildings: (2) No accessory structure shall be constructed or maintained without a building permit being issued by the city's building official expressly designating the type of the accessory structure (example: garage, shed, pump house). Accordingly, the Special Magistrate has scheduled this matter for a hearing on Tuesday the 21st day of November, 2017 at 2:00 P.M. at City Council Chambers, 1225 Main Street, Sebastian, Florida. r� Harris 755 S Fischer Circle November 8, 2017 Page two YOU ARE REQUESTED to appear before the Special Magistrate at that time to answer and defend the allegations that you have violated the above cited provisions of the Code of Ordinances of the City of Sebastian. If you fail to attend, the Special Magistrate may base his findings and act solely on the presentation made by the Code Enforcement Division. If the violation is corrected and then recurs, or if the violation was not corrected within the time specified for correction by the code inspector in the prior notice, the case may be presented to the Code Enforcement Special Magistrate even if the violation is corrected prior to the hearing. By Curtis Bloomfield I� Code Enforcement Officer #674 Harris 755 S Fischer Circle November 8, 2017 Page Three SPECIAL MAGISTRATE HEARING You may appear with or without an attorney. You have a right to subpoena witnesses and documents and cross-examine the other party's witnesses. Subpoenas are available at the office of the City Attorney. If the Special Magistrate finds that you have committed a violation, he may order immediate compliance with the Code and provide in the order, in the event of failure to comply with the order within a period of time set forth therein, that a fine NOT TO EXCEED $250.00 per day be imposed for the period of non-compliance. If the City prevails in prosecuting the case before the Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case (F.S. Chapter 162.07(2)). If any decision of the Special Magistrate affects you, and you decide to appeal any decision made at this meeting with respect to any matter considered, you will need a record of the proceedings and for such purposes, you 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 based. (State law requires the above notice. Anyone desiring a verbatim transcript shall have the responsibility, at his/her own cost, to arrange to provide the transcript.) Please be advised the conduct of the Special Magistrate hearing as defined under Florida Statute Chapter 162.07 will be followed. Please conduct yourself accordingly. City of Sebastian Code Enforcement Harris 755 S Fischer Cr November 8, 2017 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of this Notice of Violation Hearing before the Code Enforcement Special Magistrate w m`ai`iled�livered to the above named violator at the address stated above this �� l day of ovf rn')e� 2017. of By ZG � �- � Curtis Bloomfield Code Enforcement Officer #674 I"e UNITEDSTATES POSTAL SERVICE Date Produced: 11/1372017 CITY OF SEBASTIAN: The following is the delivery information for Certified Mai ITM item number 7199 9991 7033 3352 2736. Our records indicate that this item was delivered on 11/10/2017 at 02:31 p.m. in SEBASTIAN, FL 32958. The scanned image of the recipient information is provided below. .Signature of Recipient : Address of Recipient : \X Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 903018 33543083755 S FISCHER C� LMYLf HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 • FAX (772) 589-2566 OWNE"UILDER PERMIT APPLICATION ALL OF THE FOLLOWING MUST BE FILLED N BY APPLICANT, ACCORDING TO FS 713.135 PERMIT # - C . �C• <_ L -I TRACKING # I J UL C / 3 I DATE: PR37 5 !l(- / 7 INDIAN RIVER COUNTY PARCEL ID # RECEIVED BY:�) L LOT: BLOCK: SUBDIVISION: FLOOD ZONE: TYPE OF WORK: ❑[JEW STRUCTURE []ADDITION []ALTERATION ❑ REPAIR ❑DEMOLITION ❑ OTHER WORK INCLUDES: ❑STRUCTURAL ❑ELECTRICAL ❑PLUMIBNGCHANICAL DOOFG - SLOPE:_ F]POOL ❑ F]ALUMINUM STRUCTURE SHED�N ❑ FENCE SLAB OR DECK ❑ OTHER WORK DESCRIPTION:_S-'T"o 6' A'X(' 1005,11C- V AW'r9CETtil In 5'TahklGb' .SHL�Y l -rhAT AMLI� Aaf &;t i Vrf Rl t OT/ -M&O' S/'rl✓ ESTIMATED JOB VALUE: S ADD. o• TOTAL S/F UNDER AIR JOB NAME: Hl;►2mS JOB ADDRESS: 7 S S S- 4hrCJ 6rl GIYI.f,L-_ 5 613/9tlh/ kd, (, 7195V PROPERTY OWNER'S NAME: /31))a NP-*Zl ( PHONE: ADDRESS: 7S S yC P /C En h • Rr CITY/STATE: ]G�bSTnAI, IcC CONTRACTOR BUSINESS NAME: CJ l I A)En ADDRESS: CITY/STATE: CONTACT E-hIAIL ADDRESS: ARCHITECT/ENGINEER: ADDRESS: CITY/STATE: CONTACT E-MAIL ADDRESS: ZIP CODE Y-243-7 LICENSE #: CONTACT PHONE: ZIP CODE PHONE: ZIP CODE: PRESENT USE: PROPOSED USE: OCCUPANT LOAD: NUMBER OF: []STORIES []BAYS []UNITS BEDROOMS [DHEIGHT TYPE OF CONSTRUCTION: GROUP OCCUPANCY: AREA IS THE BUILDING PRESENTLY EQUIPPED WITH AN AUTOMATIC FIRE SPRINKLER SYSTEM? []YES []NO BONDING CONIPANY: PHONE: ADDRESS: CITY/STATE: MORTGAGE LENDER: PHONE: ADDRESS: _ 1=1TY/STATE: FEE SIMPLE TITLE HOLDER: 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. AN OWNER ACTING AS THEIR OWN . OWN ER/AGENTf SIGNATURE CONTRACTOR MUST PERSONNALLY APPEAR AT THE BUILDING DEPARTMENT TO SIGN THE l3oQ L-! A 2Q I t PERMIT APPLICATION. PER FS 489.103 PRINTED NAME OF OWNER/AGENT )ATE: <- 11-17 Individuals who sign as the owner's agent must first obtain legal power of attorney to sign on their behalf. TATE OF FLORIDA :OUNTY OF hereby certify that on this day of 20 personally appeared who is _ personally known tome or has _ produced identification. 'yp)g of identification produced: If L t) )fficial Signature of Notary Public Notary Seal :;�"'•.. DARINK.IAGESSE cbmmission I GG 092025 +< Exp1r99ApdI0,2NI Tms TNYTmy Ftln le UMM Ebb78S . - z ORDERED BY 0--m-CONSUMER TITLE & ESCROW SERVICES, INC. PROPERTY ADDRESS: 755 S FISCHER CIRCLE SEBASTIAN, FLORIDA 32958 FIELD WORK DATE: ,vsreols REVISION DATE(S):(REV.1 11/6/20151 (REVA 1116/2015) Tn..r..r. r. SURVEY NUMBER: 1510.3182 650 / wo gA11V � LAKE WAT/ER/ \ \ /�F� //� N e C' 520 'R6. I O)I.R. (� SURVCY —TIE m SCRCSNED CONC. REG. 5/B"/.R N POOL AREA m (NO iDl LOT B JO.5 n m CONC. m S/R \ �` V ���'n �NqQZ �wqvp C♦ 1mmy e3N9 m� 218 a ONESRY CsG5 m 2L.a eI 0 7 i65 wra9 3.5 B 0 2 23�~O OAhIle Cv'D CONC 'E ois y $� :5- 660 ry — "iOR/ 24.4 DONT YE � \1 colvc. DPW mm. DRNE RET 518'1R. 138.30 REC. 3/B" (R (NO ID) 3 erll'05" W- (NO mi O 1 Lc; p! O mo R: m' CERTIFIED BY: R.L.S. NO. 5362 JOHN W. WALKER A CC L&E 50' PAVED PUBLIC R/N BEARINGS BASED ON THE NORTH R/W LINE OF FISCHER CIRCLE SAID BEARING BEING S 8803830" W Use ofThis Survey for Rurposes other than Intended. WlMout Wnvten Vedit.u.., mil beat the Um" Sale Risk and Without ❑abdny to the 5urveyor. Nothing hereon Shall be Construed to Gw ANY Rieh6 or Senehts to Amon Other Man then, (PRIMA MOF I;. iM SEB�T�N HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 • FAX (772) 589-2566 9/20/2017 To: Mr. Bob Harris 755 S. Fischer Circle Sebastian, Fl. 32958 Subject: Shed(s) under permit no. 17-001654 Mr. Harris, You applied for a permit to install 6- 6x6 plastic sheds on your property on May 11, 2017. The permit application has been reviewed and comments made that have not been addressed since May 17, 2017. Specifically, the comments state the RS -20 zoning setback requirement for an accessory structure is 15 ft. from the side yard property line and 25 ft. from the rear property line. The survey submitted does not indicate the distance from the shed(s) to the side yard property line but from where the shed(s) are drawn in on the survey, it does not appear that it will meet the 15 ft. requirement. The last time we spoke on the phone, I expressed to you that the side yard setback must be met and the only other way to remedy this situation is to apply for a variance through our Planning and Zoning Department. Variance requests are heard before the City of Sebastian Board of Adjustments for approval. The Florida Building Code section 105.3.2 states that an application for permit shall become null and void 180 days after the date of filing unless the application is pursued in good faith or a permit has been issued. It has been over 4 months since you applied for the permit. The purpose of this letter is you remind you that you have an open permit application that will expire soon unless it is pursued in good faith to obtain the permit. Also, be aware that structures on properties that are not properly permitted will be subject to further action in a Code Enforcement case held before the Special Magistrate, which may lead to penalties including daily fines plus administrative costs. Please act accordingly. Feel free to contact me with any questions or concerns. Regards, GG/W 1G� Wayne Eselte Building Director 772-388-82353 CC: Joe Griffin, City Manager; Michelle Morris, Chief of Police; Dorri Bosworth, Planning and Zoning Y OF %P��1111111111111111111111 11��j Fu�N ts� - 91 7199 9991 7033 3351 3154 rin Street lorida 32958 or MAN w re-pPLAND e n Street xida 32958 Mr. Bob Harris 755 S. Fischer Circle Sebastian, FL 32958 Mr. Bob Harris 755 S. Fischer Circle Sebastian, FL 32958 USPS.com® - USPS Tracking® Results Page 1 of 4 USPS Tracking" Results FAQs > (http://faq.usps.com/?articleld=220900) Track Another Package + Remove X Tracking Number: 91 71 999991 70333351 31 54 ® ®D Delivered Expected Delivery by: Monday, September 25, 2017 by 8:00pm O Product & Tracking Information See Available Actions Postal Product: Features: First -Class Mail® Certified Mail" DATE & TIME STATUS OF ITEM LOCATION September 25, 2017, 2:43 Delivered, Left with SEBASTIAN, FL 32958 pm Individual Your item was delivered to an individual at the address at 2:43 pm on September 25, 2017 In SEBASTIAN, FL 32958. September 25, 2017, 9:41 Arrived at Unit SEBASTIAN, FL 32958 am September 25, 2017, 9:14 In Transit to Destination ON ITS WAY TO am SEBASTIAN, FL 32958 https://tools.usps. comlgolTrackConfirmAction?tRef=ful 1page&tLc=2&text28777=&tLabe... It/l/2017 USPS.com® - USPS Tracking(D Results Page 2 of 4 DATE & TIME STATUS OF ITEM LOCATION September 24, 2017, 3:14 Departed USPS Regional ORLANDO FL am Facility DISTRIBUTION CENTER September 23, 2017, 9:21 In Transit to Destination ON ITS WAY TO am SEBASTIAN, FL 32958 September 22, 2017, 8:33 Arrived at USPS Regional ORLANDO FL pm Facility DISTRIBUTION CENTER September 22, 2017, 7:18 Accepted at USPS Origin SEBASTIAN, FL 32958 pm Facility September 22, 2017 Pre -Shipment Info Sent to USPS, USPS Awaiting Item See Less ^ Available Actions Text & Email Updates Return Receipt Email u See Less n Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. https://tools.usps.com/go/TrackConfirmAction?tRef=fulipage&tLc=2&text28777=&tLabe... 11/1/2017 4 / )_�II\141 • N4 IA '�I � � 1 . , 1'. `i )'w b ,: r,�,.a .: 'z:-, . �y, �; :elk,' � a. (���'- .,R� :. . .i /If` r, t. W.. s.. � �. •.. 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Zolg 1I�e,�m +Cheri 5mnlon,o�lo3 Wes+fischer Cllzle are O-qo mst avov iunu-�rorn ter. -tion cane khan SLA -D- 5,a, a C.dXS) Whicl-, ha.S been Y-Qaws+cd b� oV-)er+ Nairn S OF x % Sven H sche� CtrGL-e- , !E�� QC)D9 COe. purchased 0- home (r) - Y),Cn U becctuSe wc. l.t`lC A oto kine mti hlx�rhoad was maint�tlneci . - tie read � e� A A Pr -I Or +v PM -C HaSe and b-\Ocre, , a.9ree�rnent wry aLL rules d- rP� . A4- c�r� pol r* oF -time- u tlue� t n �,Q stecE cm Porch astng -g-to- p,rop:fr6j c& 455 S,F,sche-r Cirete.,arc� We Know +hers wa-,t-� o- uertj Ca, -,,Sc- 5ink.1-,10- in+he. d,r-veu" r,ey-+ fiv +he re+fam t nq wall Which fou rn � vnayv)C* be-C,ware CSF, Z-� i5 �c� t�ri�s are( �l rer e icNas al read e rec+ -ed Co Plash c Sheds . Nos L4- beer) v -Z --- t red ? is i safe in ne? �so Ao AAarr '1 s cA, a not (: Co i -C) -i�� &� rck cr� sm v �2 pee-,�;tss� ori -kc-, pLd-a Shea cc, cis our vu..les -F e, nor Vnas he re�rc -a4 4o Af-etv- r-eQuesls +o do so . fir\ -fie G. gars ua% u -p- been G St'tno one has eu e2 v -e q u.esfecd -to Lor-) P uLt v -p lo_ &)e s . Y\ o cc e- has c- ver - h -ad more-4kV n orae s�aVeco-,-(se-Wo-+-is hc)w �,e_ rna on -1 c> -F rec, (%&e r,+s kave_ \nAe rp(e-c$ c.)ur �-f o..ws . n4vr e - Yr-e5�A-0 }-s 0 Y-ewz ab�d.ejb -t'he 15-v+. 1 bCtCl� , fceY�k L� G�C�ers 1ve evern Me)�e it Sheds +o mec- - 4 -he 1�5Sek bacl,�. - -Che re am 3 a -c33 cLce rr�- \ off o l u ncr 5, o� why e h 2 U-�)o ua 6e- - �0rceri -to hvel G p tns-tI c. sus fir) \)'I cL � D -t 4V e y are. ck.r'e allou-)ej -(v be� Whew kCv--L� are.. AcAA� Tonal (� ) PA our t'tuisz� O -n aajli+onal bu-k�ctoY5s core -oto b e. -lure sa rYte , S [ clg , to- , rcDcyrn9 Q� - N-vL homea5 4-o blL(-) Li i n . p�c�vzi-vc) P�s��um�`ng i3ob 4karr�s vvp-we6 -y4-y-- h� Priuc - W� e n 4� 6-WeLv WvNo :. W orz..l-- U-) t 4 ckLy \,6 A, him lays+ � ng h� �e� -fie „Sintcllcle'' It i\\ - ver�. akl -hese masons and eu-ern rr Orp coc are Y-equesiinn k,?ou do r—t- �3ron+ --rNS Variance. SjYlCeX"�� , �� o SEcYio� 35�"oZ-75lhJC/>� �a,d' j�Sc'e�r�•r5'-�z 0T 7, G SLS%c�sirG f ��Ii714 J 76/ GU, C;rGG� RECEIVED f.E U' 2Ui8 Lily c Donald W Wright 720 N Fischer Circle Sebastian, FL 32958 Mr. Jim Hill Chairman, Board of Adjustment City of Sebastian Dear Jim, February 5, 2018 I oppose the request that Robert Harris has made to the Board which will be heard on 2/14/18. The reasons for this include potential problems during a hurricane as the canal is our method of draining excess water into the drainage ditches to prevent flooding, as I recall the City Code looks to put additional structures further back on the lot than the front door of the house and In this case, the location of 3 sheds being next to the garage is ahead of the front door, Mr. Harris signed a document which was notarized stating that he would comply with any Property Owner Association rules but has refused to submit plans for his sheds which is a violation of South Moon Under's deed restriction 4 " No dwelling house, swimming pool, fence, hedge, wall, grading, or construction of any structure or facility may be commenced or erected unless the plans for this construction have been submitted to and approved in writing by the Architectural Control Committee." This has not been done and is a point of contention with the Owner. Thanks for your consideration. Sincerely, 1114,11 -le 1Z / zZie Donald W Wright RECEIVED Mr. Kelly J. Mather 733 N. Fischer Cir. Sebastian, Fla. 2/2/2018 Jim Hill Chairman Board of Adjustment City of Sebastian Robert Harris request for adjustment on 755 S. Fischer Circle I oppose this request. In 1999 and into 20011 was chair for planning and zoning board for Sebastian. The 15 foot setback had much discussion in that time frame and having structures closer to the cannel could pose a problem in a hurricane. The rule was that there should not be buildings on back of property next to the cannel. Robert Harris property is next to the drain cannel for the Southmoon lake and his structures are much closer (3 feet) to the cannel than allowed in the city of Sebastian and pose a danger of being dumped into the cannel during a hurricane. This variance would be a big mistake and unfair to folks in Sebastian who cannot have a structure close to the cannel. Yours truly, Kelly J. Mather I Board of directors of Southmoon RECEl" ED FEB 0 v 261J City of seb'SJia Community Dev"'i". : r, Mr. Jim Hill, Chairman Board of Adjustment City of Sebastian Dear Mr. Hill, February 8, 2018 I am a twenty eight year resident of Sebastian and have resided in the community of South Moon Under for twenty six years. Last week I received a PUBLIC NOTICE from the Community Development Department notifying me of a public hearing scheduled for February 14, 2018 to consider a variance request by Robert Hams requesting a variance to install six 6' X 6' sheds three feet from the side property line. The subject property is located at 755 S. Fischer Circle, Sebastian, FL 32958. I would like to offer my thoughts on this variance request, as follows: l.) There is currently a large commercial shed installed on the property that, to my knowledge, is not permitted. The shed has been installed for at least one year, and possibly two. 2.) The six sheds for which the variance has been requested have been installed for well over one year with no permit. 3.) A part of the City of Sebastian Permit Application Package is a document titled SUBDIVISION WORK AUTHORIZATION AFFIDAVIT. "Chis document states that the Applicant is aware that certain rules, regulations, covenants or restrictions exist in his sub -division and that it is his responsibility to obtain approval of the Association BEFORE beginning any improvements or changes to the property. The Work Authorization Affidavit is a City of Sebastian document that has been signed and notarized by the Applicant. The Applicant has not received nor even requested approval from the Homeowners Association. This is a direct violation of the terms of the Permit Application. Why would a variance request even be considered if the Applicant has not satisfied all other requirements of the Application? 4.) The property line that would be or is three feet from the sheds is also the edge of the ONLY drainage from the sub -divisions interior lake. Obstruction in this drainage canal could have significant consequences in a storm. 5.) South Moon Under is a single family residential community. Multiple sheds tend to give it an appearance of an Industrial Park, particularly when they are located so close to the property line. For the reasons I have identified above, I respectfully request the Variance Request be denied. Thank you for your consideration, Dan, D�uf%fell ^ 4-1 RECEIVED I t'I C' f L"IO G',r c'Ec„zsUan Cc^�r-.rd, Ell L. City of Sebastian Community Development Department Board of Adjustment 2-9-18 RE: Hearing on Variance 755 S. Fischer Circle To Whom It May Concern: While this hearing is for a variance of the setback requirement I have to wonder if the following is/has been considered. 1. Sheds have been in the non -conforming position for approximately 2 years at this time. 2. It appears that building permits are required for sheds. Have they been issued? Direct quote form building department web site "Perform plan reviews, issue building permits and perform inspections for all construction including: Single-family residences, commercial buildings, additions, alterations, repairs, swimming pools, screen enclosures, fences, storage sheds, re - roofs, water hook-ups, and other construction activity." 3. Building permits require HOA approval. in this case it appears that none was asked for or received. 4. What is the need for multiple sheds of this size? Residence includes a 3 car garage. HOA prohibits running a business from any lot in the sub division. The sheds form an ugly "wall' and detract from the beauty of the neighborhood. As a home owner in the sub division I protest the number, need and location of these sheds. Would you like them next to your home? I request that you deny this variance and further require the sheds to be removed as non- conforming. I also request answers, in writing, to the above 4 questions. Sincerely James 708 W Fisher Circle Sebastian, FL 32598 RECEIVED FED i ? 2018 City of Sebastian Commumt., G, . , n� 7U all GtJ �r/LCG �y lotC 0(8 3,2 9'r "ROMMEMRS OmlEem. ft. wow Trtmum. WnyrteRaRman Seo[,Rry, SuPm nrvfMmmr MemMnmwPe DunRnkR peGregeno Oun Cu/M SSRWmn MPytl 4,grlRSm,pO Mr. Jim Hill Board of Adjustment City of Sebastian Dear Mr. Hill, SOUTH MOON UNDER PROPERTY OWNERS ASSOCIATION, INC 696 Fischer Drive - Sebastian, FL 32958 2-13-2018 As acting President of the South Moon Under Property Owners Association, I have been asked to speak on behalf of the board regarding the variance requested by Mr. Harris. As a part of the permitting process; I have a copy of a document that was signed and notarized by Mr. Harris that reads that "He is aware that if he lives in a sub -division and he must also adhere to the rules and regulations of the Association." Mr. Harris to this day has not submitted anything to our Architectural Control Committee and does not plan to. Therefore, I cannot speak to whether or not the Committee would allow the six sheds. There are some Board members however that share the same concern that having "snap together" plastic sheds along the 30' wide drainage waterway could pose a problem during high winds or hurricanes. During heavy rains, this is the main drainage for the lake in our sub -division. That waterway leads to a culvert under our road that, if blocked, by pieces of sheds, or the contents therein, could cause unnecessary flooding in our subdivision. Therefore, we are opposed to the variance being granted. Respectfully, A Wayne/Bachhman Acting President RECEIVED FEB 13 2010 CCMlty of sehasliar, cr Lina SEAT" HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 • FAX (772) 589-2566 SUBDIVISION WORK AUTHORIZATION AFFIDAVIT State of Florida BUILDING PERMIT NO. C 6 S I Indian River County I ✓ms >!4inw-r owner of the residence listed below, am aware that I am requesting a building permit or other city approval to make improvements or changes to my property that is located within a sub -division of Sebastian which contains a homeowners association or a condominium association. Further, I am fully aware that there are certain rules, regulations, covenants or restrictions in my sub -division that exist through my homeowners association or condominium association and it is my sole responsibility to obtain the approval of my association before I begin making any improvements or changes to my property. I understand that by granting a building permit or other city approval to make improvements or changes to my property in no way supersede the approval requirements from the applicable homeowners association or condominium association. PROPERTY ADDRESS: 77SS ! .. 1>✓lti urn. SEBASTIaN, FLORIDA PROPERTY OWNER NAhIE(S): 130)3 PA✓_kU S PLEASE PRINT PROPERTY OWNERSIGNATURE(S): (PROPERTY OWNERSHIP VERIFIED THROUGH PUBLIC RECORDS OR PROVIDE PROOF OF OWNERSHIP) STATE OF FLORIDA COUNTY OF I hereby certify Thar on this l 1 day of j AC"� , 2G`�personally appeared /—k' ✓"`� l who is erso alt <nown to me or has nn p y'. � produced identification. Type of identification produced h�L /J Official�Notary Public NotaryScal DARIN K. LAGESSE Commission A GG 2024 99 .:'r= 5" e,dTM TayFsei kit 5-8x W3W,III 'S=> � '-13r!,c•ri(i 1e i'. E'd w"e(I"ctc CRITERIA FOR DETcRA9i�Il�:6 Y iil:a?.0=S J. M,r Smal! F' H W nlbsGc S'7?p together sheds jr, place.l lira north (i ear) ; roperty line. I lie 1tr of Sid=, and;. (5' rear setback. The •]urpCG t=of t"lt, ' � seth,3J, on your neighbor's oroperty. My prcparty has, di, zctly'tc t;:a rt.a- Lana; easement, followed by a 30' to 50' cava' bank and tre_' I],;. and canal bank are adjacent -,o an unbuildable portior prcperty. Not only do I have 60' to 80' feet behind my surrounded by oak, pine and palm trees. No portion cf M :' from the street, nor are the sheds visible frc• I - - . Additionally, the sheds contain va- 0us 1=_va e, t' . . to store in my garage. Lawn 'racto -, wood cnippf.. Rke reside it the sheds. '6-- sheds are alaced acrn;s from my garage La d if rnovc:-i prage, it wct - ' -.terfere with getting into tilt garage. I'm special pr - ?s exist. 9arnshic t0 :.. : ; ee t a ; a nar 'v'r rr, 'Co j'•`:1>:.-Wie.1t nev are not ,i : to ntO,; ; here should be 11. :ned i. AddR%ic r;dlly, there is a 6' to 8' vertical drop oft o i! C. ehind t:•_ :hells. The line of sheds protect my daughter =r.: ..le Cor;cl ;eawali at the K'es' side d` env nroparfy. (` t�;n c`,: I . . . ' i . varianrc :h -t I ams .=.kinF is r1nly 1[' on :rroperl•, n- alw, •_' 7 % Oftuunded by 5 vacant lots of over an acre each. hr-,-- vein c> .,c injuries t.. ; „i�iic'��elfvr•_ Conditions and safeguards. 1 -an,- hm.t. Ar, use variance perrnitted .' /:uecf;,: .n«;WT(e1: C�c�r. IEC�+aR A £ AIJi �7AS..q SEC1lou t'1 )L1IL ra , sezf rs f 66 gcrts t 0 15 J.,t ocrEl` I A Crf No IOq /4va� �,v r Y7 ge rr T y�tt+ T�rrf. A PC /a ><s /ru IfiA ' Arkq ba,,i' A rE o ✓ (y 64Nv1EJJ s ®6e- ACrE- al'. Y HO41E OF PELIC4N PAND COMMUNIIY DEVELOPMENT DEPHRTMEN 1225 MAIN STREET ■ SEBASTIAN. FLORIDA 32958 T —EPII.ONE (7i 22) 589-5518 w FAX (772' ?58-82•IE %ww.cityofsebastiu;,.c Ig PUBLIC NOTICE tATY OF SE$ASi I[AN - 1225 NilAtNi STREET INDI kN RIVER COUNTY, IiLORIL9'. THF l2IJ)\R0 OF ADJUSIMFNT OF THE CITY OF S i.b: S' ( 01,NTY. FLORIDA, Vi ILL <'ONDUCT A PUBT,IC !-i„'•!tt:' i F I'I'+ A Y ! i, ?418, AT 6:00 P.M. I\ THE ('I r P, .; rL 0 k 1 1225 MAIN STREET, SEBAS"TUN, 0k i --'JA FROM SECTION 54-2-7.5(b)(I)a ANT) SECTION .+I 11-; I r,61' -AN i-,,'vND DIF: k ELOPiMENT CODE. F0[1[11; HARIU,, IN Fl-WkRDS I(i 1971 C JIT; NCi;'Dt', ISIC"' 1.0C'Alil-i VI 755 S. FISCft-,R S!Y (6) 6' X(' SI II'L3 1't .,•.:. ; I .' '.INT. \v7I 'r.(:As TIFF cc:L,L I'RI T,J:i!'4 TO ivIFi.; THS REGULATION SETCA1'I:- -(I Ff,I I'i)I`L=ETi'ROWIHESIDE I—RiIPFl 1:"1 t I � I I I. FI ;IR'v t(,, ,L;,)P,IZ1j�-)F AGII.`:I;vtF, _ O� S1:BkFT1ANil - — q •: i -`I 85t)n 'MR) DF.I:IDLS 1'0 Af PF1VL AIlY DkCI50.rN bfAI'-L I'• !'if o, t.•p .I; �'�_' ,+I + cCY IV ANY MAIIFR (-O)?SIDERLD P 1Mo il,\u Vit -a iiI'.I I+ ... +�prCp+rt OI' 'IIF PP010: LDIW;S ANrI MAY NFED TO FN'RIT" TI AT A. VF!';s^'INI I-, 'ROC EFDI CjS C, MALL. Villi( F! Rt -CURD INCLUDES rNE TEC+I`.I, .ARI1F.',) i('F V.,ITFI':I:. \\,FR1� An;S Wiff-I TAS't BIUf1•- •t om 51'iY-Ir. 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'iL11 . . —..- til {Il7ti 1,1 ' liiy.yt 1. uyWNW3U4us ..._. .._ 1 � ° Il it 1t �i11 ' { I`: �11S. � , ttit{q t i t: i{' 1 it i t t t��E !11 (i ii t :,: bd } tli j!j ii i w .tl.:. .::i. 'iL11 . . —..- til {Il7ti 1,1 ' liiy.yt 1. uyWNW3U4us ..._. .._ Sec. 74-55. - Use of fees paid. The fees paid pursuant to this article shall be segregated and held in trust by the city in its recreation trust fund. The city shall maintain records of monies collected adequate to determine the amount contributed to the fund from each particular development. The funds collected from any development shall be used only to acquire, construct or provide recreational improvements or facilities, but may not be used on a neighborhood park facility located in a different recreation zone than the one containing the originating development. The city shall maintain records of all funds expended and the purposes for which they were expended. Funds must be encumbered for a qualifying project within seven (7) years of being collected. (Ord. No. 0-01-15, § 6, 7-11-01) ORDINANCE NO. 0-18-02 TO AMEND, REVISE AND UPDATE CH.42 OF THE CITY OF SEBASTIAN CODE OF ORDINANCES FIRE PREVENTION AND PROTECTION REGULATIONS BY FLORIDA STATUTE • FS 553.79 — No building permit can be issued that is subject to review of the Florida Fire Prevention Code and Life Safety Code until it is reviewed and approved by a certified Fire Inspector pursuant to FS 633.216. Currently the Indian River County Fire Bureau provides these services. • This applies to all new commercial buildings, additions or renovations including fire sprinkler and fire alarm permits. 2/20/2018 1 z/zo/zois CURRENT PROCESS • Applicants for commercial projects are required to submit to the City of Sebastian Building Department as well as a separate submittal to the Indian River County Fire Bureau in Vero Beach, Florida. • Time frames for permits and inspections are routinely delayed because two separate agencies are involved in this process. • This divided process is time consuming, costly to the applicant and adverse to the economic development of this City. "ONE STOP SHOP" • The City would like to establish a "One Stop" procedure where construction plans can be reviewed by the City for compliance with the Florida Building Code as well as the Florida Fire Prevention Code and Life Safety Code. • Applicants will be able to submit their plans to the Building Department and expect to have their plans reviewed in a timely manner. This will expedite the permit process greatly. • Inspection requests will be through one agency only, eliminating the need for duplicate inspections. 2/20/2018 CREATION OF FIRE MARSHAL'S OFFICE • The proposed ordinance gives authority to City Council to establish a Fire Marshal's office responsible for the enforcement of the City's fire prevention and protection regulations and the laws and rules of the State Fire Marshal. • The City Fire Marshal (or designee) will be responsible for the issuance of permits, certificates, notices, approvals and/or orders pertaining to life safety, fire control and fire hazards. • The proposed ordinance designates the Building Director to be the Fire Marshal for the City. CONCLUSION • Proposed Ordinance 0-18-02 gives authority to City Council to establish a Fire Marshal's office for the purpose of the enforcement of the laws and rules of the State Fire Marshal. • The creation of a "one stop" procedure at the Building Department, will greatly enhance the city's ability to expedite the permit process and control all aspects of fire prevention and life safety. • The establishment of the Fire Marshal's office within the City of Sebastian is in the best interest of health, safety and welfare of the citizens of Sebastian. Joseph Griffin From: Tom Collins <thc9301@aol.com> Sent: Wednesday, February 14, 2018 8:55 AM To: Joseph Griffin Cc: mickey@cappcustombuilders.com; Will Collins Subject: Council meeting Joe, Mayor and Council Members, Due to a prior commitment, I will not be able to attend the council meeting this evening. I wanted to encourage the Council to move forward with bringing fire department reviews and permitting under the City's control. Mickey Capp and our companies have literally gone through the the worst of situations dealing with the County Fire Dept. While we all share a common goal of Safety, they have gone out of their way to make things very difficult, often requiring work that is totally unnecessary and VERY expensive. Wayne Eseltine can provide details on some of the hassles and extra expenses we have had to go through. Thanks for your kind attention, Tom Collins Sent from my iPad Jeanette Williams From: Sent: To: Subject: Full Name Jeanette Williams on behalf of cityseb Wednesday, February 14, 2018 2:10 PM 'Jim Hill' FW: Submission via The Contact Us Page on cityofsebastian.org Here is the submission to the City of Sebastian's Contact Us Form If you need further assistance, please contact City of Sebastian, 1225 Main Street Sebastian, FL 32958 (772) 589-5330 - Mon - Fri 8:00am - 4:30pm Nancy Chiappinelli Munoz Email Address 2olfchiDs70 %anail.corn Comments or Ouestions It is disheartening to find out from a local businessman that an item up for discussion on the next council agenda has already been decided beforehand. I had planned to speak against the annexation item but was just told that a certain council member is already assuring businessmen that the annexation is going to happen and the developer will be approved for construction as planned. So much for the democratic process and an opportunity to voice an opinion. The council should be focusing on the deplorable road conditions, inadequate drainage system citywide, pressure on existing boat launches, pickle ball courts, and other public facilities, as well as the poor police presence in the community dealing with traffic infractions and dangerous traffic habits. Sebastian is not ready for more density or growth when it is woefully under achieving as it is. But the possibility of council member collusion before a public meeting is suspicious to say the least. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. IP Address: 108.195.62.248 Browser Info: Mozilla/5.0 (Macintosh; Intel Mac OS X 10_13_2) AppleWebKit/604.4.7 (KHTML, like Gecko) Version/11.0.2 Safari/604.4.7 Time Submitted: 2018-02-14 13:39:44 Mr. Mayor, City Council members and representatives of the City of Sebastian. In 2002, 1 first came before the then City Council to address them on the prospective chartering of Sebastian Inlet Sail & Power Squadron, one of, then, over 400+ squadrons throughout the United States whose goal is to promote safety through education to the recreational boater. I had previously been a member, then Commander, of Vero Beach Power Squadron but realized, with others, that there was a demand for our services here in Sebastian as the type of recreational boats and boaters are different here than in Vero. Working closely with the then City Manager, Terrence Moore, who was 100% behind us, the City graciously allowed us to use the Sebastian Yacht Club as our base, this building was ideal for us being adjacent to the public boat ramp. As we all know, in September 2004, Hurricanes Frances and Jeanne devastated our area, including the Yacht Club. Coming back to the council, we were given permission to use to Community center for our classes. Finally, after this City Hall was completed, the council allowed us to use the former council chambers and the refurbished Yacht Club, and this has continued to the present day. We are a growing squadron, always looking for boaters wishing to learn more about boating safety for themselves, remembering that passengers on board a boat is the skipper's responsibility and learning awareness that other recreational boaters may not have your skills. Apart from the boater education side of our organization, we continue to work within the community, over the years we have adopted three of the spoil islands which we regularly clean up and restore, we currently have a program growing mangroves from cuttings at members' homes, then when of sufficient size these are transported and planted around the spoil islands, the purpose of the mangroves is to stop the erosion of the sand from wind and wave action. Over the past years we have also had Thanksgiving Food drives, given toys and bikes for less fortunate children at Christmas, donated self -inflating comfortable PFDs for boaters and other projects on a smaller scale. After speaking with the City Manager in December, the squadron held a fundraiser in January. The purpose of the fundraiser was to give something back to the City for the 15+ years you have allowed us to use your municipal buildings. Nigel E Hargreaves 1 141h February 2018 The goal was to raise sufficient funds to purchase an AED (a heart defibrillator) to donate to the City to be placed in publicly accessed municipal buildings so that all organizations could, if necessary, give immediate response to someone suffering a potential heart attack while awaiting the arrival of a paramedic. I am delighted to say, that working with a manufacturer called Heartsmart.com, today we are able to donate to the city not one, but two AED's. We work to minimize accidents on the water but with these wall mounted AED's hopefully we can save a life on shore as well. This is our way of showing our appreciation to the City of Sebastian for their past, and hopefully future, support. Mr. Mayor, If I might take a moment to add something. Throughout my association with the City of Sebastian, I have worked with three City Managers, the afore mentioned, Terrence Greene, Al Minner and currently, Joe Griffin as well as numerous city councilors. There is though one person with whom I have dealt with consistently, this person works behind the scenes and, as with any business or organization, is the "go -to" person; whenever I needed something, or didn't know with whom I should be speaking, I always got pointed in the right direction. This person is professional, courteous, knowledgeable, and immaculately turned out as befits the position they hold. I would hope this person is held in the highest esteem by every elected or employed official. I am of course referring to the City Managers right hand man, or in this case woman. I would like to go on the record in recognizing the immense asset the City of Sebastian has in ... Jean Tarbell. Thankyou Nigel E Hargreaves 2 14th February 2018