HomeMy WebLinkAbout05-08-2019 Squid Lips - 1660 Indian River DrivePROCEEDING BEFORE THE BOARD OF ADJUSTMENT
CITY OF SEBASTIAN, FLORIDA
IN RE: Sembler Marina Partners, LTD
dba: Sembler Sebastian Partners, LLLP
490 N. Harbor City Boulevard
Melbourne, Florida 32935
LEGAL DES[, 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.l and Old Dixie Highway) as shown on a Boundary Survey performed
by Jackson Associates, Dared March 12, 1990; thence South 24°45'07' East along said West Right -
of -Way line, a distance of 109.38 Feet; thence South 23°29'06" East along said West Rightrof-Way
If.., a distance of 181.86 Feet to a point on the North fine of the South 50.00 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 (said line being described in O.R. Book 0863, Page 2670 and O.R.
Book 0938, Page 1889, of the said Public Records of Indian River County); thence North 89°04'14"
East along said North line of the South 50.00 feet of Lot 5, a distance of 71.47 Feet to the East
Rightrof-Way line of said Indian River Drive, thence continue North 89°01'14" East along said
North line of the South 50.00 feet of Lot 5, a distance of 19.68 Feet to the POINT OF BEGINNING;
thence North 69°25'13" East along the South line of said O.R. Book 0863, Page 2670, a distance of
93.44 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 following three (3) ta0s: South 52°08'39"
East, a distance of 15.30 Feet; thence South 52°1752" East, a distance of 18.92 Feet; thence South
51°04'16" East, a distance of 15.64 Feet to a point on the said North line of the South 50.00 feet of
Lot 5; thence South 89°04'14" West along said North line of the South 50.00 feet of said Lot 5 and
the North line of said O.R. Book 0938, Page 1889, a distance of 126.72 Feet to the POINT OF
BEGINNING.
ADDRESS: 1660 Indian River Drive, Sebastian, Florida 32958
PARCEL I.D. 30393100000001000002.0 I Current Zoning: CWR
REQUEST(S): Property Owner sought variance from Section 54-25.10( 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 ft.), whichever is greater.
ORDER
WHEREAS, upon presentation at a public hearing on the 8th day of May, 2019, before the Board
of Adjustment, of the application for variance by the Property Owner and upon review and consideration
of all testimony, evidence and argument presented at said hearing, which constitutes substantial
competent evidence, the Board determined by a vote of 5 to 0 that the variance requested meets the
prerequisites "set forth in Section 542-7.7(c)(1), of the Land Development Code of the City of Sebastian.
IT IS, THEREFORE, ORDERED AND ADJUDGED THAT THE PROPERTY OWNER'S REQUEST
FOR VARIANCE IS GRANTED with the following conditions:
1. Owner shall provide a certified engineered proof of structural integrity regarding the existing
overwater concrete pad and all pilings, and that it meets current Code, before construction
begins;
2. In the event the slab is determined to not be sound or compliant with current Code, this
variance shall be null & void;
3. 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 the Code; and
4. 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.
PROCEEDING BEFORE THE BOARD OF ADJUSTMENT
CITY OF SEBASTIAN, FLORIDA Page 2 of 2
This Order shall take effect immediately, and shall be deemed rendered three (3) days after it has been
signed by the Mayor, acting in his capacity as Chairman of the Board of Adjustment, and deposited in the
United States Mail for first class delivery. Any appeal of this decision shall be made in the Circuit Court
of Indian River County within thirty (30) days of this Order's rendering, as required by 54-1-2.5(e), of the
City's Code.
Dated: June 12, 2019 By:
frfy jim Bill
rC 'man of the Board of Adjustment - "-
of Sebastian ,
J�erie
Approved as to Form and Legality for
reliance by the Gt of Sebastian only:illiams,McJames Stokeslerk City Attorney