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Home My WebLink About05-08-2019 BOA AgendaanLf S HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT AGENDA WEDNESDAY, MAY 8, 2019 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WESSITE Procedures for Public Input are on Back of Agenda 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE — Led by Council Member Albert lovino 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 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. 19.069 A. Proclamation — National Small Business Day - May 10, 2019 — Accepted by Amber Batchelor, President, Sebastian River Area Chamber of Commerce 19.069 B. Proclamation - National Travel and Tourism Week - May 5-11, 2019 — Accepted by Amber Batchelor, President, Sebastian River Area Chamber of Commerce 19.070 C. Proclamation —National Peace Officers Memorial Day — May 15, 2019 and National Police Week — May 12-18, 2019 - Accepted by Police Chief Michelle Morris and Members of Sebastian's Police Department 19.071 D. Proclamation - National Safe Boating Week - May 18-24, 2019 — Accepted by Commander Frans Eyberse, USCG Auxiliary Flotilla 56 Brief Announcements • May 17 — Chamber Concert in the Park — Note 4 Note (60's to current hits) — 5:30 to 8 pm 7. Recess Citv Council Meetina and Convene as Board of Adiustment A. Approval of Minutes — November 28, 2018 BOA Meeting B. Quasi -Judicial Public Hearina Adopted Quasi -Judicial Public Hearing Procedures: • Chairman opens hearing • Attorney reads title of request • Board discloses ex-parte communication • City Clerk swears in all who intend to provide testimony • Applicant makes presentation • Staff presents findings and analysis • Board asks questions of the applicant and staff • Chairman opens the floor for anyone in favor of the request • Chairman opens the floor for anyone opposing the request • Applicant provided opportunity to respond to issues raised by staff or public • Staff provided opportunity to summarize request if needed • Board deliberation and questions • Chairman calls for a motion i. SEMBLER MARINA PARTNERS, LTD IN REGARDS TO AN ADDITIONAL PROPOSED OVERWATER RESTAURANT TO BE LOCATED AT 1660 INDIAN RIVER DRIVE (SQUID LIPS & MARINA), IS REQUESTING A VARIANCE FROM THE BENCHMARK BY WHICH BUILDING HEIGHTS ARE MEASURED. THE APPLICANT WOULD LIKE TO MEASURE THE HEIGHT OF HIS PROPOSED BUILDING FROM THE FINISHED FLOOR ELEVATION OF THE EXISTING OVERWATER CONCRETE PAD 8. Adiourn Board of Adiustment and Reconvene as Citv Council 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 — April 24, 2019 Regular City Council Meeting 19.072 B. Approve Indian River Shores Public Safety Department's Fire Truck Pull Special Event at Riverview Park with the Closure of Sebastian Blvd. and Harrison Street on June 8, 2019 (Transmittal, Application, Flyer, Map) 10. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 19.073 A. Plannina & Zonina Commission (Transmittal, Application, Ad, List) I. Interview, Unless Waived, Submit Nominations for One Expired, Regular Member Position — Term to Expire 5/1/2022 11. PUBLIC HEARINGS - None 12. UNFINISHED BUSINESS 13. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. Board of Adjustment Minutes approved at the May 8, 2019 BOA Meeting. Regular City Council, CRA, & Board of Adjustment Meeting airman Jim Hill November 28, 2018 ATTEST: Page Five The Community Development Director said after this evening, the IRLNEP grant portion will be gone for the remainder of the year reducing the award amounts to $10,000 per system. If the City is successful in receiving another grant from the IRLNEP, the funding will not be available until fiscal year 2020. She asked what 50% match should offered in the City's RFP noting each property connecting to a gravity system would incur a cost of approximately $5,000 and to connect to a lift station with a force main, the cost would be $15,000 per property along with the ERU assessment. The County estimates the ERUs on the remaining properties to be on the low end of $170,000. She said the City's match would be approximately $420,000 leading to her request for direction. She explained other grants, such as DEP's 319 which favors 100% participation in that the whole neighborhood would be expected to convert their system. The Health Department's requirement to connect within two years after lines are installed, might be considered in soliciting 100% participation. Chairman Hill asked staff to provide information on what properties (commercial vs. residential) are remaining, what grants might be available, and their requirements so that Council may workshop this at the beginning of the December 12' meeting. The City Manager asked Council to consider approaching the Legislative Delegation in January for a legislative appropriation to assist with the conversions. D. Being no further business, Chairman Hill adjourned the Community Redevelopment meeting. 8. Adiourn Communitv Redevelopment Aaencv Meetina and Reconvene as Citv Council Mayor Hill reconvened the City Council meeting and then convened the Board of Adjustment. 9. Recess Citv Council Meetina and Convene as the Board of Adjustment A. Chairman Hill called the Board of Adjustment meeting to order at 6:48 p.m. Those present included Chairman Hill, Vice Chairperson Kinchen, Mr. Dodd, Mr. Iovino and Mr. McPartlan. B. The October 10, 2018 Board of Adjustment minutes were unanimously approved by a MOTION by Mr. McPartlan and SECOND by Mr. Dodd. C. Quasi -Judicial Hearina i. DASCH RESIDENTIAL FENCE ON CORNER LOT — VARIANCE REQUESTED FROM SECTION 54-2-7.7( c)(3) OF THE SEBASTIAN LAND DEVELOPMENT CODE TO ALLOW CONSTRUCTION OF A SIX FOOT HIGH FENCE WITHIN A SECONDARY FRONT YARD SETBACK ON A CORNER LOT, SPECIFICALLY 12 FEET FROM THE PROPERTY LINE, WHEREAS THE CODE FOR THE RS-10 ZONING DISTRICT WOULD REQUIRE SUCH FENCE TO BE A MINIMUM DISTANCE OF 20 FEET FROM THE PROPERTY LINE. Regular City Council, CRA, & Board of Adjustment Meeting November 28, 2018 Page Six The City Attorney read the applicant's request. There was no ex-parte communication to disclose by the Board Members. The City Clerk swore in those who were to provide testimony. Philip Dasch, 909 Landsdowne Drive, said he was looking for a variance from the code to allow a 6 foot fence to be constructed 12 feet from the property line. The Community Development Manager stated Exhibit B explains what Mr. Dasch is requesting and the City's main concern on a comer lot is the visibility from the intersection and from other driveways when backing out. She said staff did review the criteria and feels this is a special condition since it is on a collector street. She said since the property abuts the rear drainage ditch, it would provide for a 30 foot visibility triangle from the main intersection and visibility triangle from other driveways. She said Mr. Dasch's request came right when the fence and wall code revision began; at which time, the Planning and Zoning Commission determined this portion of the code should remain unchanged and each case be reviewed however Council may want to consider the merits of this section during the later code revision discussion. Chairman Hill noted the line of sight could change if Barber ever became a boulevard or four-laned. The City Manager said it appears that that the road would have to expand to the west. In response to Mr. lovino, Mr. Desch said he had a dog and planned to have children. As allowed by Code, the fence could only come out an additional 1.3 feet. There was no one to speak in favor or against the request. The Community Development Manager asked that the finished side of the fence face Barber Street MOTION by Mr. McPartlan and SECOND by Vice Chairperson Kinchen to approve the variance request from Mr. Dasch. Roll Call: Chairman Hill — aye Vice Chairperson Kinchen — aye Mr. Dodd — aye Mr. lovino —aye Mr. McPartlan — aye Motion carried. 5-0 D. Being no further business, Chairman Hill adjourned the Board of Adjustment meeting at 6:58 p.m. 10. Adiourn the Board of Adiustment and Reconvene as Citv Council Mayor Hill reconvened the City Council meeting at 6:58 p.m. All members were present. 11. CONSENT AGENDA A. Approval of Minutes — October 10, 2018 Regular City Council Meeting QYX SEBASTIAN HOME OF PELICAN ISLAND Community Development Variance Application - Staff Report 1. Project Name: Squid Lips Site Improvements 2. Requested Action: Variance requested from Section 54-2-5.10(a)(2) of the Sebastian Land Development Code to allow the height of a proposed overwater building to be measured from the existing concrete slab's finished floor elevation (11.5 feet) to roof ridgeline, whereas the code requires such measurement to be from the required base flood elevation (7 feet) or the average construction grade (-1.2 feet), whichever is greater. 3. Project Location a. Address: 1660 Indian River Drive Sebastian, Florida b. Legal: IRC Tax Parcel ID No. 30-39-31-00000-0010-00002.0 Metes and bounds description — see survey 4. Project Owner: Sembler Marina Partners, LTD c/o Underill Management Company 490 N. Harbor City Boulevard Melbourne, Florida 32935 (321) 242-2224 x112 5. Project Agent: MBV Engineering, Inc. Mr. Ryan McLean 1835 2& Street Vero Beach, Florida 32960 (772) 569-0035 6. Project Surveyor: William Mott Land Surveying, Inc. Jonathan M. Mott, PLS 3800 W. Eau Gallie Boulevard, Suite 101 Melbourne, Florida 32934 (321) 751-4444 7. Project Description: a. Narrative of proposed action: Hitherto this variance request, Sembler Marina Partners, LTD submitted an application for a major site plan modification of the Squid Lips Restaurant and Marina site located at 1660 Indian River Drive. The modifications, currently under zoning review, include replacing the existing marina office, additional parking and stormwater areas, landscape upgrades, potential phased improvements consisting of a storage building and take-out restaurant, and a second overwater restaurant to be built on the existing concrete pad. While reviewing the proposed building elevations, it was noticed that the height of the structure was being measured from the finished floor elevation (FFE) of the concrete pad — 11.50 feet - to the roof ridgeline, whereas the Land Development Code (LDC) states the measurement should begin from the required base flood elevation — 7.00 feet (See Exhibit B). Subsequently, Sembler Marina Partners has requested a variance from the benchmark from which the structure's height will be measured, or conversely, to allow the building height to be 4.5 feet higher than the maximum allowed. Research of the files for the site established that a permit for pilings, slab and a "building shell" was issued in July 1991 by the Building Dept. in conjunction with permits issued from Army Corp and a revised permit from DER/DEP. The finished floor elevation for the concrete pad as shown on the approved plans by those agencies was 10.00 feet and 11.50 feet respectively (Exhibits C & D). When a conceptual site plan for the restaurant was reviewed by the Planning and Zoning Commission, also in 1991, building height was discussed as being measured from the FFE of the slab. However, in 2000, Section 54-2-5.10(a)(2) was updated to add clarification that building heights would be measured from either the average construction grade or required base flood elevation, whichever is greater. Because the restaurant or building shell was never built, and the agency permits do not specify a building height — which may have grandfathered in the structure - the proposed building must meet the current code. b. Current Zoning: C. Adjacent Properties: North: East: South: West: CWR (Commercial Waterfront Residential) Zoning Current Land Use CWR residence + dock C lagoon CWR vacant CWR commercial parking Future Land Use RMU C RMU RMU 2 A 9. 10. d. Site Characteristics (1) Total Acreage: (2) Current Land Usc(s): (3) Water Service: (4) Sanitary Sewer Service: Staff Comments: 3.6 acres, or 156,816 SF Overwater restaurant and marina public water public sewer The exterior elevation sheet is enclosed for consideration of the variance only with regards to the proposed height measurement. If the variance is granted, the building elevations will still need formal approval by the Planning and Zoning Commission. Staff is currently working with the applicant and project agent to ensure the building meets the Riverfront Overlay District's architectural requirements in addition to addressing other site plan matters. Board Criteria for Determining Variances: See attached analysis. The applicant has also submitted a response to the Board criteria (Exhibit A). This criterion was considered in determining staff's recommendation. Staff Recommendation: Staff recommends approval of a variance for Sembler Marina Partners at 1660 Indian River Drive to allow the benchmark for measuring the building height of the proposed overwater restaurant to be the FFE of the existing concrete slab with the following three conditions: Need to provide certified engineered proof of structural integrity regarding the existing overwater concrete pad before construction begins 2. The variance is for a restaurant building only. If the proposed use is changed [before the structure is built], the proposed building height will be measured from the required base flood elevation, as per code 3. The variance is valid for two years. The approval shall expire 24 months from the date granted if construction of the building has not begun 3 11. Board Action: Conduct quasi-judicial hearing to consider the requested variance. Do�orth, Manager/Planner Community Development Department 5=a—aoll Date 0 BOARD CRITERIA FOR DETERMINING VARIANCES Section 54-1-2.5 In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must use the following criteria for approving or denying a variance: a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Meets Standard Yes / No ❑ The concrete slab was constructed in 1991 in accordance with an Army Corp of Engineer permit, and a re -issued DER/DEP permit. The permits do establish the existing finished floor elevation of the slab, but do not reference specifics for the structure's height. Circumstances are unique in that the foundation for a proposed structure already exists and was constructed at an elevation approved via a state agency permit. b. Conditions not created by aDDlicant. That the special conditions and circumstances do not result from the actions of the applicant. / Meets Standard Yes ❑ No L� A proposed overwater restaurant plan was submitted to Army Corp and DER/DEP and permits acknowledging the finished floor elevation were issued. C. SDecial Drivile¢es not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. / Meets Standard Yes [I No ai Multiple properties on the cast side of Indian River Drive within various zoning districts, including the existing Squid Lips overwater restaurant, have designed their building height measured from their required base flood elevation. 5 d. Hardshin conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Meets Standard Yes / No ❑ Compliance with the code could be achieved by designing a building that is 20.5 feet in height. This would not necessarily create a hardship for the applicant. However, based on the size of the structure and architectural design standards required by the Riverfront Overlay District, a shorter building may compel several needed waivers from the PZ Commission from these design regulations, i.e. minimum roof pitch, screening of rooftop mechanical equipment, etc. e. Only the minimum variance ¢ranted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Meets Standard Yes Z No ❑ The building height of the proposed restaurant is 24 feet 10 inches. This is in accordance with the maximum height allowed. But because the measurement is from the FFE of the concrete pad instead of the required base flood elevation as required by code, a variance for 4 feet 10 inches is requested. f. Not iniurious to public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. / Meets Standard Yes LR No ❑ The height of the proposed restaurant would not be considered injurious to public welfare as it is not within any height mandated area (Airport), and construction will meet all applicable Florida Building Codes. By granting the variance, a more desired design can occur which meets the intent of the Riverfront District and Comprehensive Plan. R. Conditions and safeguards may be imposed. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 F.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. Meets Standard Yes V/ No ❑ Because of the amount of years the concrete pad has been exposed to the elements, and damaged by a hurricane, the structural integrity of the pad should be provided by a certified engineer. Also, if a variance is granted, staff recommends that it applies only to the approved restaurant use since the state agency permit for that use established the finished floor elevation of the concrete pad. If a restaurant structure is not built and an optional use/building is proposed, that structure would need to use the required base flood elevation as its benchmark for measuring height. h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. Meets Standard Yes 9No ❑ Section 54-1-2.5(d)(5) states that "Variances shall become void if not exercised within six months of the date granted, unless specifically determined otherwise in writing by the board of adjustment" Staff recommends a time limit of two years based on the estimated time to complete processing the already submitted site plan application, and review of future building permits. The approval would expire 24 months from the date the variance was granted if construction of the building has not begun. i. No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. / Meets Standard Yes (5 No ❑ The request is not a use -related variance - restaurant uses are allowed in this zoning district. 7 Jz. �r�.� r � � i. �. �; -� r, .. wY � Y,�". "1'i - •tad" JI i ''• J; .. P-. a, as - - ' :.:� .I EXHIBIT "Alt MBV ENGINEERING, INC. wwwmbveng.com c => April 23, 2019 Ms. Dorri Bosworth City of Sebastian 1225 Main Street Sebastian, FL 32958 Via email(dboswortlt@cityofsebastian.org) Subject: Squid Lips Restaurant City of Sebastian, Florida Engineer's Project Number: 16-0188 Dear Ms. Bosworth: In association with Development Order Application for variance request of the above referenced project, the following variance criterion responses are provided to aid staff and advisory board representatives in review. There criterion as displayed are per City of Sebastian LDR Sec 54-1- 2.5(c)(2) a: i. The following are our responses: Sec 54-1-2.5(c-)(2) (a: iJ a) Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. The requested variance is proposed for an extremely unique structure in zoning district and presents a special condition for consideration. The existing over - water, elevated slab presents a fixed condition as to which development may occur from and limits applicant flexibility in modification of the proposed finished floor for a structure. There does not appear to be another structural slab or commercial development opportunity of this nature anywhere else in the zoning district or Municipal boundaries. b) Conditions not created by the applicant. That the special conditions and circumstances do not result from the actions of the applicant. The height variance is requested to allow for a commercially viable structure to be constructed within the horizontal and vertical confines of an existing permitted elevated slab. The slab elevation was developed and permitted under the control of the Army Corps of Engineers, a copy of the permit document has been included for reference, and outside of the City of Sebastian LDR system for the definition of allowable finished floor elevations. The applicant seeks to meet the intent of the LDR maximum height requirement of 25' but do under a set datum of the existing slab. 1835 20th Street 1250 W. Eau Gallie Blvd., Suite L 806 Delaware Avenue Vero Beach, FL 32960 Melbourne, FL 32935 Ft Pierce. FL 34950 772.569.0035 321.253.1510 772.468.9055 RECEIVED Fax: 772.778.3617 Fax:321.253.0911 Fax: 772.778.3617 APR 2 5 2019 City of Sebastian Community Development Dept. �r Ms. Dori Bosworth April 23, 2019 Page 2 c) Special privileges not conferred. That granting the variance requested will not confer the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. The requested variance is not projected as special privilege to the applicant but rather an opportunity of the applicant to meet the intent of the LDR while working within the confines of a unique special condition. d) Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. The requested variance is necessary for the applicant's proposed development due to the industry standard size requirements of a restaurant of this nature. A reduction of building height to meet the code ordinance for structure height above BFE or average grade elevation would extremely limit the economic viability of the proposed business. e) Only the minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. The requested variance of 4.5' from code ordinance is the minimum variance required to allow for a 25' building measurement from slab to ridgeline. f) Not injurious to the public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The requested variance will in no way provide for a negative impact on the public welfare. g) Conditions and safeguards may be imposed. In granting any variance, board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 F.S, the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under the variance is granted, shall be deemed a violation of the ordinance. Acknowledged. h) Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. Acknowledged. It is the request of the applicant that imposed time limit be consistent with current approval timelines of reviewing departments and industry construction standards. i) No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning districts shall be considered grounds for the authorization of a variance. The requested variance is for the building height modification to a =1 1' INE Ms. Dori Bosworth April 23, 2019 Page 3 proposed structure to provide for a permitted use within the zoning district. Should you have any questions regarding the above subject, please feel free to contact our office at any time. Sincerely, Ryan McLean, E.I. Project Manager RM/jeh lu IPCI I PR('Ep6HWS"IW SE �MnM PrteErclxEvm wood musRs 4 mmu uou :u POR 36.33' 2" I ,jI}�II Iuj(I��I]�j :� r93'NIGN MWMG p II cunxb cb 9FMI.PR11 D X SW 0wmo SOUTH EXTERIOR ELEVATION vFn-o- esrmmovcR vrtt-ExDlrawn wo®3R1,� - RnsEPlaoo I --- ).OD' 1-aPIH1ID 4PPtD Zi'H41' ��C' pI51:NGC IMFA IOiNE BEAM. PIED IW6EPf1)H 111W1'NES I NOILOWEO )'ass'=3:' i 11.SbS'=16.5' /2 NORTH EXTERIOR ELEVATION Jm( :re, rb L-7- I! M CCII� L 151 IN4 wncaETE RAMP WOOD RAMP RAMPS ELEVATIONS 0 EAST EXTERIOR ELEVATION I J Ev Oa oXnmxcs EOPOEiA&SN® u'xwx inurEu 70`7 WELAD WEST EXTERIOR ELEVATION A PuDiwxmFn w000)rtDssEs enLLJ5 o J W !� 6 > a � W W o O V1 w Z 'o mai NEW MENOURtrE FLOFADA I PHONE.(321) 757-303R RRCEIVEO FAX: 1111)757-3188 ppp 252019 ertiM•w�x'[C�n an w�:an.mu Alm EIry+ELNuum usnMw CM1e:Mt pEM Km A-200 IMaM: OTN Pmlemuml °� F-- DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS P.0. BOX 4970 JACKSONVILLE, FLORIDA 32232.0019 REPLY TO ATTENTION OF EXHIBIT "C" ARMY CORP Regulatory Division 3 1 1991 south Permits Branch .A4N 89IPK-90066 Mr. Mike Schram Riomar Engineers & Contractors, Inc. 420 Fourth Avenue I�ndialantic, Florida 32903 r Dear Mr. Schram: We are pleased to enclose the Department of the Army permit and a Notice of Authorization which should be displayed at the construction site. Work may begin immediately but the appropriate Regulatory Section chief as representative of the District Engineer must be notified of: `iL. The date of commencement of the work. b. The dates of work suspensions and resumption if work is suspended over a week, and c. The date of final completion. Regulatory Section Chiefs addresses and telephone numbers are shown on the enclosed map. The Section Chief is responsible for inspection to determine that permit conditions are strictly adhered to. A copy of the permit and drawings must be available at the site of work. Enclosures IT IS NOT LAWFUL TO DEVIATE FROM THE APPROVED PLANS ENQDSED._ Sincerely, Chief, Regulatory ivision RECEPIED. A4R252019 Community [)eve opm ntDept \�� / LdCo. �� • n L' All LJ 4rG N b.Pt�'o I L �• 19galof %:2 �'I 31i} SALi-A$.-r r4occK 6 PeKF6fLA'(61� •RPG�JL��" 8- 8 t36r yt5.7fla! •07 �. its JCr AI It�EG. LEvCGL S.G� IZ Y lk K Cle+ a C{$`N.C.• •rl t•.r-- PURPOSE G.J�-+'7 C'J:�G. t ';�=.1 Z. �' ��'i �, AYPLI;CAITON BY. DATUM: Mean w level USC k CS 09") ADJACENTPRO TY OWNERS: S4•I��d�-I- ��v C(� DI�. SF..-L'id��1+.�, FL. '-•7�� jL'• •1� LJIt�E- L,d.{.IK'=E.i•�t� C. rj` li LLc�GIi I �lx[r ttilv�.•.,.I ,P.rvKr'. •Cj,L, '�•�fan�;rrn,l. FLi ?,7�1253 61 =Lc c,lz SL O.Q Il8II®AgM Engineers & Contractors, Inc. 420 Fourth Avenue a Indialantic, f1prida 32903 DATE: iPK- 9oa6G DER#• -I _, �,�-.?. 2� ocr. /989 EXHIBIT "D" Florida Department of Environmental Regulation Central District • 3319 Maguire Boulevard, Suite 232 • Orlando, Florida 32803-3767 Lawton Chiles, Governor Permittee: Sembler & Sembler, Inc. Post Office Box 1796 Melbourne, Fl 32902 I. D. Number: DER/DEP Permit/Certification Number: 31-205237-4 Date of Issue: 6/29/92 Expiration Date: 6/29/97 County: Indian River Latitude/Longitude: 27049 00"/80026'00" Section/Township/Range: 31 / 30S / 39E Project: Sembler & Sembler, Inc. This permit is issued under the provisions of Chapter(s) 403, Florida Statutes, and Title 17 Florida Administrative Code Rule. The above named permittee is hereby authorized to perform the work or operate the facility shown on the application and approved drawing(s), plans, and other documents attached hereto or on file with the department and made a part hereof and specifically described as follows: To complete construction of a restaurant structure (120 feet by 70 feet) in the Indian River which was previously permitted by DER on July 25, 1986 (Permit No. 31-113589-4). The construction of .a 97 foot long by 8 foot wide wood ramp on the north side of the restaurant and a 97 foot long by 12 foot wide concrete ramp on the south side. A total of 44 linear feet of coquina rock will be placed around the ramps at a 2:1 slope. Mitigation to offset the impact to the project includes the planting of the entire area with Spartina spp., Juncus americanus and sea daisy. LOCATION: State Road 512 to Indian River Drive, left on North Indian River Drive to 1660 North Indian River Drive in Sebastian, Section 31, Township 30 South, Range 39 East in Indian River County. 1' DER FORM 17-f-.201(5) Effective November 30, 1982 Page 1 of 8 Heri1/nl � Rprrr T J VICZ&s` N\311\ u�' �j"t� �psZ4 °c'y°ao� S zaa 00 82 S�� . -7� CG �u1 sxo lo� �k �p3 .314N AAw00 0 d 4, Z6,ZZ— Z` 4 � 9 � oNi '• r s 9- S 30055 ed .40 lY et: Aw AWA J!9T MU" i WWEM f3MP i 1 AIJ AJ 1. REVISED: 6-22-92 N.T_S. SECTION A — A SEMBLER & SEMBLER, INC. INDIAN RIVER COUNTY, FLORIDA 6v* PWOFMW AMAURMT too f=—�--_ — rr. ¢ - 11-61' II II II �W- a- =ate I{ NOTE: FOR PERMIT USE ONLYM ' RIOMAR Engineers & Cantractbrs, Inc. ` 4-20 Fourth Avenue • Indialantic. Florida 32903 URlE saint APRIL 15. 1992 I P3 FQOJEcr NWSM P92112 RIM+LL .t BYRD, Pi. kU18ER 2U31 611E JIN001 SEp /��T_1 Permit Application No City of Sebastian HOME OFF PELICAN Development Order Application Applicant (If not owner, written authorization (notarized) from owner Is required) Name: Sembler Marina Partners LTD Address: c/o Underill Management Company- 490 N Harbor City Blvd. Melbourne, FL 32935 Phone Number( 321 ) 242-224 xl 12 FAX Number: �321) 259-4893 E-Mail buz@underiH.com Owner (If different from applicant) Name: Same as applicant Address: Phone Number: ( ) FAX Number. ( ) E-Mail: Title of permit or action requested: Variance Request- Building Height (Proposed Deck Restaurant) PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL 6E ATTACHED AND 8-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (I( applicable): Squid Lips B. Site Information Address: 1660 Indian River Drive I Lot Block: Unit: Subdivision: Indian River County Parcel M 30-39-31-00000-0010-00002.0 Zoning Classinca6on: CWR Future Land Use: RMU Existing Use: Restaurant/Marina Proposed Use: Restaurant/Marina C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets "jitgessaryl: In association with the proposed activities under the project title "Squid Lips", currently under Major Site Plan Modification review, the proposed permit request is for a variance of the size and dimension criteria of25' building height as specified under Sec. 54-2-5.5(c .ee�the7a0fpiteh- e gtc-,t�nearew�'i 4v S �f/ J(i). SH-a-Io�dX&) —� :n DATE RECEIVED: _t-Ut I qi FEE PAID: $ AID 0, 00 RECEIVED BY:4V RECEIVKID APR 2 9 2019 City of Sebastian Community Development DOpL D. Project Personnel: Agent: Name: Address Phone Number: ( ) E-Mail: FAX Number Permit Application No, f 1 J )= 1 -1 Attorney: Name: - ----- - Address Phone Number: ( i FAX Number ( ) E-Mail; -- - — - Engineer: Name: MBV Engineering, Inc. IJ Address 1835 20th Street; Vero Beach, FL 32960 Phone Number: ( 772 ) 569 0035 FAX Number: ( 772) 778 - 3617 �l E-Mail ryanm@mbveng.com 1 surveyor: Name: William Mott Land Surveying, Inc. Address 3800 W. Eau Gallie Blvd:, Suite 101 Melbourne, FL 32934 Phone Number ( 321 ) 751 4444 FAX Number. (321) 751-4455 1 E-Mall; jon@wmisi.com , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER1-0 f THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA ANDIOR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. x SWORN TCIAND%SUSSCRIBEO WH O PENALLY KNO AS IDENTIFICATION. THIS NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION No./EXPIRATIOt SEAL: DATE BEFORE ME BY INTO ME OR P ODUCEL — � La DAY OF "' r ,. TISH PANAOIOTOPOULOS W COMMSION t FF224371 n 11 EXPIRES: August 24, 2019 '` T smdedTbN"Pubxund. Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditlonal use permits, special use permits, variances, exceptions, and appeals. IME, X THE 04VNER(S) I _ THE LEGAL REPRESENTATIVE OF THE CWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Planning & Zoning BOARDICOMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION.. IMWE HEREBY WAIVE ANY OBJECTION OR DEFENSE IIWE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MYIOUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAVER AND CONSENT IS BEING SIGNED BY ME(US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, ORPROMISPq MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. r SIGNATURE DATE Sworn to an ubscribed before me by 41 u►.�t� t��1lL who is personally kn� t0 me or pro Uced as identiflca(lon'this Z day of ? j l_� 20�. Notary's Signature Printed Name of Notary 1/1 Commission No./Expiration Seal: , .': , ,,. @ r TISH PM W0TOK*" I, My COMMISSION t FF 224371 EXPIRES: August 24, 2019 8.1d1dTw WMPubklMb"*1W APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLICANT. W ACKNOWLEDG�IE T DATE Permit Application No. SEBAST" IhiAIF OF PlIICAN IiUND Supplemental Information Application to the Board of Adjustment X 1. This application is for a (check one): X variance(s) _ appeal(s) -X— 2. Specify all code provisions for which a variance is being requested or the decision or decisions that you are appealing. (Attach extra sheets if necessary): 1.Y7TParrcmUM" `/-4 to aHrvv-fbrm7unf-DRt4i-4 4.12 to"facilituX: a,id 01.�IlOmie-f�@SfOi"lit}". 2. Variance of Sec. 54-2-5.-5444o allow for or000sed structure of 25' to ridgeline to be measured from the finished floor of the existing slab, set orevi5usly in accordance with ACOE regulation. in lieu of HE or average grade. X 3. Legal description of the property involved: See attached. X 4. Attach the following: X a. Boundary survey of the property executed by a Florida Registered Surveyor. The survey shall show the dimensions of the lot or parcel at issue, the location of all structures, if any, along with adjacent streets, and all easements and right-of-ways. X It. Additional data and information as required to properly advise the Board of the facts and circumstances needed to decide the case on its merits. X c. The names and addresses of all property owners whose property or part of their real property is within 300 feet of any outer boundary of the lot or parcel of land that is subject of the application. LEGAL DESCRIPTION: (BY SURVEYOR) A portion of Submerged land and lands described in O.R. Book 0871. Page 1386 and lands described in O.R. Book 0938, Page 1889 and O.R. Book 2023. Page 1074. inclusive of the Public Records of Indian River County, Florida, being more particularly described as follows: Commence at the intersection of the South Right -of -Way line of Davis Street (formerly known as 9th Street) and the West Right -of -Way line of Indian River Drive (formerly known as Riverside Drive, U.S. Highway No.1 and Old Dixie Highway) as shown on a Boundary Survey performed by Jackson Associates, Dated March 12, 1990: thence South 24145'07" East along said West Right -of -Way line, a distance of 109.38 Feet; thence South 23'29'08" East along said West Right -of -Way ]the, a distance of 1.57 Feet to a point on the North line of the South 216.50 feet of Lot 5, Estate of August Park, according to the Plat thereof, as recorded in Plat Book 1, Page 19, of the said Public Records of Indian River County; thence North 89104'T4 East along said North line of the South 216.50 feet of Lot 5, a distance of 71,47 Feet to a point the East Right -of -Way line of said Indian River Drive and the POINT -OF - BEGINNING (surveyed from N.A.D. 83190); thence continue North 89004'14" East along said line, a distance of 29.35 Feet; thence North 69025'13" East, a distance of 189.60 Feet; thence South 23134'19" East, a distance of 177.05 Feet; thence South 69'25'13" West, a distance of 105.36 Feet to the Mean High Water Line (0.75'N.G.V.D. (1929) Contour) of the Indian River; thence run along said Mean High Water Line for the foltowing fifteen (15) calls: South 52008'39" East, a distance of 15.30 Feet; thence South 52'17'52" East, a distance of 18.92 Feet; thence South 51'04'16" East, a distance of 15.64 Feet; thence South 50'48'59" East, a distance of 6.61 Feet; thence South 19000'22" East, a distance of 7.44 Feet; thence South 27134'12" East, a distance of 13.21 Feet; thence South 29'44'25" East, a distance of 28.49 Feet; thence South 02130'24" West, a distance of 5.51 Feet; thence South 2018'30" East, a distance of 29.38 Feet; thence South 18'53'45" East, a distance of 19.41 Feet; thence South 19157'25" East, a distance of 18.76 Feet; thence South 03'24'54" East, a distance of 18.05 Feet; thence South 07016'41" East, a distance of 31.89 Feet; thence South 26'59'55" West, a distance of 19.31 Feet; thence South 02'07'01" East, a distance of 21.32 Feet to a point on a line of acquiescence described in the District Court of Appeal of the State of Florida, Fourth District, Case No. 4001.4718, Opinion filed April 16, 2003: thence South 89'04'14" West along said line of acquiescence, a distance of 109.57 Feet to the said East Right -of -Way line of Indian River Drive; thence North 22'21'52" West along said East Righl-of-Way line. a distance of 204.40 Feet; thence North 23'29'08" West along said East Right -of -Way line, a distance of 196.93 Feet to the POINT -OF - BEGINNING. Containing 1.60 Acres of land more or less. �m LT SIM HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastion.org PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY, FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING ON WEDNESDAY, MAY 8T8, 2019, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 54-2-5.10(a)(2) OF THE SEBASTIAN LAND DEVELOPMENT CODE, SEMBLER MARINA PARTNERS, LTD, IN REGARDS TO AN ADDITIONAL PROPOSED OVERWATER RESTAURANT TO BE LOCATED AT 1660 INDIAN RIVER DRIVE (SQUID LIPS & MARINA), IS REQUESTING A VARIANCE FROM THE BENCHMARK BY WHICH BUILDING HEIGHTS ARE MEASURED. THE APPLICANT WOULD LIKE TO MEASURE THE HEIGHT OF HIS PROPOSED BUILDING FROM THE FINISHED FLOOR ELEVATION OF THE EXISTING OVERWATER CONCRETE PAD WHEREAS THE CODE REQUIRES THE HEIGHT TO BE MEASURED FROM THE FEMA BASE FLOOD ELEVATION FOR THE PROPERTY, WHICH IS 4.5 FEET LOWER THAN THE EXISTING PAD. JIM HILL, CHAIRMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.5.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. Published: Wednesday, Apri124, 2019