HomeMy WebLinkAbout01-08-2020 BOA Agendaan 11'
SEBASTV
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
PARLIAMENTARY & MEETING PROCEDURES WORKSHOP - 5:00 P.M.
BOARD OF ADJUSTMENT MEETING & REGULAR MEETING - UPON ADJOURNMENT OF WORKSHOP
WEDNESDAY, JANUARY 8, 2020
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
AGENDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE
Procedures for Public Input are on Back of Agenda
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE - Led by Council Member Gilliams
3. ROLL CALL
4. CONVENE PARLIAMENTARY & MEETING PROCEDURES WORKSHOP
A. Review Roberts Rules of Order
B. Review Sunshine Law and Public Communication Practices
C. Review Past Practices
pgs 6-10 D. Review Resolution No. R-15-10 -Meeting Procedures
5. ADJOURN WORKSHOP & CONVENE REGULAR CITY COUNCIL MEETING
6. AGENDA MODIFICATIONS
Modifications for additions require unanimous vote of City Council members
PROCLAMATIONS. AWARDS. BRIEF ANNOUNE[ ENTS
Presentations of proclamations, certificates and awards, and fie imeiiy announcements by Council and Staff.
No public input or action under this heading.
Brief Announcements
January 11 - Craft Club Show in the Park - 10 am to 3 pm
January 18 to 19 - Sebastian River Fine Art and Music Festival in Riverview Park
January 16 to 19 - Fellsmere Frog Leg Festival in Sister City Fellsmere
8. ADJOURN CITY COUNCIL MEETING AND CONVENE BOARD OF ADJUSTMENT MEETING
pgs 11-14 A. Approval of May 8, 2019 Board of Adjustment Minutes
B. Quasi -Judicial Public Hearing
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
pgs 15-46 L FRED AND GLORIA CLIFFORD REQUESTING A VARIANCE FROM
SECTION 54-2-5.2.2(d)(5) OF THE SEBASTIAN LAND DEVELOPMENT CODE
IN REGARDS TO LOT 45, SAN SEBASTIAN SPRINGS SUBDIVISION REPLAT,
LOCATED AT 616 CROSS CREEK DRIVE. THE VARIANCE IS FOR AN
EXISTING POOL SCREEN ENCLOSURE TO BE AT MAXIMUM 1.3 FEET FROM
THE SIDE PROPERTY LINE OF A CORNER LOT, AND ENCROACH INTO A 5
FOOT UTILITY EASEMENT, WHERE THE REGULATIONS FOR THE RS-20
ZONING DISTRICT REQUIRES THAT STRUCTURES MAINTAIN A MINIMUM
SETBACK OF 15 FEET FROM THE SIDE PROPERTY LINE. (Transmittal, Staff
Report, Criteria, Exhibits, Application, Aerial, Notice)
�—� 9. ADJOURN BOARD OF ADJUSTMENT MEETING AND RECONVENE REGULAR CITY
COUNCIL MEETING
10. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no
separate discussion of consent agenda items unless a member City Council so requests; in which event, the
item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent
agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the
meeting or by raising his/her hand to be recognized.
pgs 47-50 A. Approval of Minutes — November 26, 2019 Special Council Meeting
pgs 51-63 B. Approval of Minutes - December 11, 2019 Regular City Council Meeting
20.001 C. Approve Municipal Election Agreement between the Indian River County Supervisor
pgs 64-74 of Elections and City of Sebastian for Calendar Year 2020 (Transmittal, Agreement)
20.002 D. Approve the Fiscal Year 2020/2021 Budget and Capital Improvement Program
pgs 75-76 Calendar (Transmittal, Calendar)
19.063/20.032 E. Award Agreement to Guardian Community Resource Management, Inc. (RFP #19-
pgs 77-138 12) for CDBG Administration Services in the Approximate Yearly Expense of
$20,000-$24,000 and Authorize the City Manager to Execute the Appropriate
Documents (Transmittal, Scoresheet, References, Response, Agreement)
20.004 F. Approve the Piggyback to Florida Sheriffs Association Contract #FSA18-VEH16.0
pgs 139-147 Cab & Chassis Trucks and Heavy Equipment to Replace a Caterpillar (CAT) 311F
Excavator with Attachments for the Public Works Department in the Amount of
$182,793.00 and Authorize the City Manager to Execute the Appropriate Documents
(Transmittal, Quote, Notice of Intent, Contract Info, Comparative Quotes)
20.005 G. Approve Road Closures for the Sebastian Police Department's Movie Night Out on
pgs 148-149 February 21', 2020 and the Sebastian Easter Egg Hunt on April 11'h, 2020
(Transmittal, Map)
Regular City Council Meeting ATIESF:
May 8, 2019
Page Two ,7eanet-te 'lh 1iaffs, CLtyC1edc
19.070 C. Proclamation —National Peace Officers Memorial Dav — Mav 15. 2019 and National
Police Week — Mav 12-18. 2019 - Acceoted by Police Chief Michelle Morris and
Members of Sebastian's Police Department
Council Member lovino read and presented the proclamation to Sergeant Marcinik, Officer
Singh, and Officer McKenzie.
19.071 D. Proclamation - National Safe Boatino Week - Mav 18-24. 2019 — Acceoted by
Commander Frans Evberse. USCG Auxiliary Flotilla 56
Mayor Hill read and presented the proclamation to Commander Eyberse, Tommy
Augustsson, Frederick and Linda Combs.
Brief Announcements
• May 17 — Chamber Concert in the Park —Note 4 Note (60's to current hits) — 5:30 to 8 pm
Vice Mayor Kinchen announced the upcoming event. She also congratulated Natural
Resources Board Chairperson, Nikki Mosblech, for being selected as one of the five state
finalists for Florida Teacher of the Year and wished her the best as the finalist is chosen.
Recess Citv Council Meetina and Convene as Board of Adjustment 1
Mayor Hill adjourned the City Council meeting and convened the Board of Adjustment
meeting at 6:15 p.m.
A. The November 28, 2018 Board of Adjustment minutes were unanimously approved by a
MOTION by Mr. Dodd and SECOND by Mr. McPartlan.
B. Quasi -Judicial Public Hearinq
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
The City Attorney read the request from Sembier Marina Partners, Ltd. There was no ex-
parte communication to disclose by the Board Members, The City Clerk swore in those who
were to provide testimony.
Buzz Underhill, representing Sembier Marina Partners, Ltd. said the staff report accurately
reflected their request and introduced the project engineer, Ryan McLean.
The Community Development Manager explained per code the building height is measured
either from base flood elevation or average grade; and, since the existing concrete pad is
over water, the proposed building elevation should be measured from the base flood
elevation. She said the argument is that since the slab is existing, the elevation should be
measured from finished floor elevation.
Regular City Council Meeting
May 8, 2019
Page Three
She noted a previous developer's agreement had expired and therefore the site plan
modification is required to meet the current code, prompting the variance. She explained
they are asking for a different spot to measure the building height or for an additional 4 '/2
feet for the building height. She said the applicant has met most of the qualifying criteria for
determining a variance and staff recommended approval with the following three conditions:
-certified. engineered proof of structural integrity regarding the existing
overwater concrete pad before construction begins
-the variance is for the 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
-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
Chairman Hill said there is a corner of the slab that is broken off and asked if the corner
would need to be replaced. The Community Development Manager advised the pilings must
be found to be structurally sound or the variance will not be granted.
Chairman Hill asked if there was any recourse to have the slab removed as a non-
conforming structure if it is found not to be sound. The City Attorney responded that staff
would have to either get the structure to be compliant or removed.
No one spoke in favor the request.
Opposed
Ben Hocker, Sebastian, said the request goes against the City's height restrictions. He
asked if anything has been submitted as to what the building will look like and if it has gone
before Planning and Zoning. He said a little more research is warranted.
Damien Gilliams, President, Sebastian Property Owners Assocation.com (SPOA), said he
has spoken about this non -conforming property numerous times to which the City has done
nothing. He said the property is in violation of Articles VIII and XI of the Land Development
Code. (See attached) He noted the City bought the Harbor Lights Hotel to preserve the
river's view and now this restaurant is going to be built down the street. He said if the
variance was passed tonight it would be criminal.
Ryan McLean, MBV Engineering Inc. said the variance will lead to an architectural standard
that will meet the CRW zoning and provide for a beautiful project.
The Community Development Manager stated this was a new site plan application that was
submitted before the holiday last year; this will put a structure on the slab, provide better
stormwater ponds, landscaping and fix the existing sign, the applicant requested to bring
this variance before the Board prior to going to Planning and Zoning; additional time
conditions may be imposed at the time of site plan approval; and this will be a one-story
structure.
Chairman Hill asked the City Attorney if the Board approved the variance would they be
committing a crime. The City Attorney responded not based on any facts or information that
he has.
Regular City Council Meeting
May 8, 2019
Page Four
The City Manager noted the observation deck was not an abandoned project; the Building
Official at the time required them to complete the observation deck and the developer
amended the site plan to reflect the observation deck and everything was closed as
complete. The Community Development Manager added that with the new site plan, new
correspondence will be required from SJRWMD, Army Corp and DEP. She also added the
road elevation at an average 5 '/2 feet, so the elevation was not jumping to 11 '/2 feet.
Mr. Dodd said in 1992, DEP authorized a 10 foot elevation but it was built at 11 X2 feet so
the developer obtained a revised permit to address the additional 1 1/2 feet, it was approved
to have a building on it, subsequently the project didn't happen, and then the developer
received approval for an observation deck.
6:42 pm Mr. Dodd noted the applicant will correct parking deficiencies, improve drainage and build
another restaurant that will be a value to the City.
In addition to the City's conditions, Mr. Dodd requested the following restrictions: the
engineering certification should be noted that it meets current code; if the slab is not
determined to be sound without reconstruction or without major repair work, the variance
goes away (if the slab has to be rebuilt, it should be done at the proper level); and indicate
an actual expiration date. This will provide something the City can use.
The Community Development Manager said the state permits indicated it was to be a
restaurant; there was a 1985 DEP permit showing the elevation at 10 feet, then a second
DEP permit showing 11 '/2 feet; she cannot confirm the slab was inadvertently built at the
wrong elevation by the contractor.
Chairman Hill agreed the restaurant would be a lot better for the City.
Mr. Underill said in 1987, the Army Corp required the slab to be built at 11 Y2 feet.
MOTION by Mr. lovino and SECOND by Chairman Hill to approve the variance requested by
Sembler Marina Partners, Ltd.
Roll Call: Vice Chairperson Kinchen — aye Mr. Dodd — aye
Mr. lovino — aye Mr. McPartlan — aye
Chairman Hill — aye
Motion Carried. 5-0
To clarify that the conditions requested by Mr. Dodd and staff should be included with the
approval, Mr. lovino made an AMENDED MOTION with a SECOND by Chairman Hill for
approval with the following requirements:
- a certified engineered proof of structural integrity according to current
code shall be provided prior to construction beginning
- if the slab is determined not to be sound, the variance request will be
null and void
- 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
- the variance shall be valid for two years and expire 24 months from
May 8, 2019 if construction of the building has not begun
91
WU
Regular City Council Meeting
May 8, 2019
Page Five
Roll Call:
Mr. Dodd — aye Mr. lovino —aye
Mr. McPartlan — aye Chairman Hill — aye
Vice Chairperson Kinchen — aye
Motion Carried. 5-0
The City Attorney advised that the first motion did not have to be rescinded because there
wasn't any distance in time between the original motion and the clarification.
8. Adiourn Board of Adjustment and Reconvene as Citv Council 14
Chairman Hill adjourned the Board of Adjustment meeting and reconvened the City Council
meeting at 6:52 p.m.
9. CONSENT AGENDA
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)
MOTION by Vice Mayor Kinchen and SECOND by Council MCParllan to approve consent
agenda items A and B passed with a unanimous voice vote of 5-0,
10. COMMITTEE REPORTS & APPOINTMENTS
19.073 A. Plannina & Zonino Commission
(Transmittal, Application, Ad, List)
i. Interview, Unless Waived, Submit Nominations for One Expired, Regular Member
Position — Term to Expire 5/1/2022
There was no objection to Mayor Hill and Council Member Dodd's nomination of Joel Roth
to serve an additional term. Mr. Roth will serve until May 1, 2022.
11. PUBLIC HEARINGS - None
12. UNFINISHED BUSINESS - None
13. PUBLIC INPUT
Ben Hocker thanked Council Members Dodd, McPartlan and the City Manager for attending
the Sebastian Property Owners meeting the previous Monday.
Russell Herrmann 586 Redwood Court, Vice President of the Friends of the St. Sebastian
River, thanked Council requesting the City Manager to research glyphosate and report back
to City Council. In the meantime he requested that no dangerous chemicals be used.
Damien Giiliams, President, SPOA also thanked the City Manager for coming to last
Monday's SPOA meeting and requested a workshop and public forum to discuss the
herbicide spraying as soon as possible. He noted that he and former City Council Member
Eugene Wolff witnessed canal spraying right before a storm last Friday.
6.57 pm
M1,
HOME OF PELICAN ISLAND
BOA MEETING DATE
AGENDA ITEM TITLE:
BOARD OF ADJUSTMENT
AGENDA TRANSMITTAL
January 8, 2020
Clifford Variance Request
RECOMMENDATION: Conduct a quasi-judicial public hearing to consider a variance
request for the property located at 616 Cross Creek Drive, Lot 45,
San Sebastian Springs Subdivision
BACKGROUND: A variance application has been submitted from Fred and Gloria
Clifford for relief from Section 54-2-7.5(b)(1) of the Sebastian Land Development Code to allow
an existing pool screen enclosure to be a maximum 1.3 feet from the side property line and
encroach into a private 5-foot utility easement, whereas the code requires the enclosure to be a
minimum distance of 15 feet from the side property line.
In accordance with Section 54-1-2.5, staff has provided a report detailing the request, applicable
exhibits, the criteria established for determining variances, along with additional information to
assist with your consideration.
ATTACHMENTS: 1. Staff Report and Board Criteria
2. Exhibits A through G
3. Application and Property Aerial
4. Public Hearing Notice
If Agenda Item Reauires Exnenditure of Funds:
Total Cost: N/A
Amount Available: N/A
If Cost Requires Appropriation: N/A
Administrative Services Department/CFO Review:
City Manager,,,Authorization:
/
Date: December 31, 2019
OWOF
SEWAST�N
HOME OF PELICAN ISLAND
Community Development
Variance Application - Staff Report
1. Project Name: Clifford Pool Enclosure Encroachment
2. Requested Action: Variance requested from Section 54-2-7.5(b)(1) of the Sebastian
Land Development Code to allow an existing pool screen enclosure to be a maximum 1.3
feet from the side property line and encroach into a private 5-foot utility easement,
whereas the code requires the enclosure to be a minimum distance of 15 feet from the
side property line.
3. Project Location
a. Address: 616 Cross Creek Drive
Sebastian, Florida
b. Legal: IRC Tax Parcel ID No. 31-38-14-00003-0000-00045.0
Lot 45, San Sebastian Springs Subdivision Replat
4. Project Owner: Fred & Gloria Clifford
616 Cross Creek Drive
Sebastian, Florida 32958
(804)514-7718
5. Project Agent: Homeowners
6. Project Surveyor: P. Chad Maxwell, PSM #7070
Maxwell Geospatial, Inc.
4899 Kirby Loop Road
Fort Pierce, Florida 34981
(772)801-5206
7. Project Description:
a. Narrative of proposed action: The applicants purchased their residence at 616
Cross Creek Drive, a corner lot in San Sebastian Springs Subdivision, in 2016. A
survey of the lot was performed by Maxwell Geospatial in 2018, which indicated
that the existing screen enclosure for the pool, positioned on an angle against the
property line, was, at the closest point, 1.3 feet from that line and encroached into
a 5-foot utility easement (Exhibit A). Based on Section 54-2-5.10(e)(2)a.2, the
definition of yards for a corner lot, the south property line is established as the
"side yard", and the west line as the "rear" (Exhibit B). The side yard setback for
the RS-20 zoning district is 15 feet, which is the distance the screen enclosure
should be from the south property line. The applicants are requesting a variance
from this requirement.
b. Current Zoning:
Current Land Use:
C. Adjacent Properties:
North:
East:
South:
West:
d. Site Characteristics
RS-20 (Single -Family Residential, Min 20,000 SF Lots)
VLDR (Very Low Density Residential, 3 units per acre)
Zoning
(1) Total Acreage:
RS-20
RS-20
RS-20
RS-20
(2) Current Land Use(s):
(3) Water Service:
(4) Sanitary Sewer Service:
8. Staff Comments:
Current Land
Use
residence
residence
vacant
residence
Future Land
Use
VLDR
VLDR
VLDR
VLDR
.68 acres, or 29,429 SF
Single-family residence
Well
Septic system
The pool and screen enclosure were permitted by a previous owner in 1998, using
a 1988 survey that indicated different PRM (permanent reference markers) locations and
property line lengths than shown on the 2018 survey. The application from the pool
contractor originally noted the proposed location of the enclosure to be 10 feet from the
south property line (Exhibit Q. When reviewing the application, the 1998 staff
inadvertently determined the south line to be the "rear" property line since the pool and
enclosure were behind the house. The code allows for a 10-foot rear setback for screen
enclosures, but staff was errant in not applying the definition of side or rear yards for
corner lots and issued the permit. The enclosure should have been required to meet the
15-foot side yard setback.
An explanation for the inconsistencies between the two surveys remains
unresolved. In part, the differences shown in property line lengths are a contributing
2
factor to the amount of relief needed. However, consideration of the variance should be
given using reliance on the most recent signed and sealed survey.
The recorded subdivision plat for the property dedicated 5 feet on all front, side
and rear lot lines as utility easements, unless otherwise noted (Exhibit D). The easements
are dedicated to and for maintenance by the San Sebastian Springs Property Owners
Association (POA), and are not public. The City has no obligations, responsibility, or
control of these easements, or authority to abandon them. Nevertheless, in order to
thoroughly consider the variance request, it is necessary to know if those entities with
interests in the subject side yard easement would allow an encroachment into the 5-foot
area.
The applicants have requested and received correspondence from Florida Power & Light
and the Board of Directors of the POA, both acquiescing to the encroachment (Exhibits E
and F).
9. Board Criteria for Determining Variances:
See attached analysis. This criterion was considered in determining staff's
recommendation. The applicants have also submitted a response to the Board criteria
(Exhibit G).
10. Staff Recommendation:
Staff reconnnends approval of the variance request for the property located at 616 Cross
Creek Drive, Lot 45, San Sebastian Springs Subdivision, to allow a pool screen enclosure to
be a maximum of 1.3 feet from the side property line. The approval is based on
consideration of the Board of Directors of the Property Owners' Association's and Florida
Power & Light's approval of the enclosure's encroachment into the dedicated side yard
utility easement.
11. Board Action:
Conduct quasi-judicial hearing to consider the requested variance.
Dorri Bosworth, Manager/Planner
Community Development Department
i
Dat�
3
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 2 No ❑
Unresolved issues regarding placement of the Permanent Reference Markers
(PRM) for the property exists, in addition to an inadvertent determination of
setback requirements by a previous city staff. Although the survey issue is a matter
to be resolved between the property owner and the POA, a variance would still be
needed to resolve the "side yard setback" vs. the "rear yard setback" error that
occurred when the pool and enclosure permits were issued.
b. Conditions not created by applicant. That the special conditions and
circumstances do not result from the actions of the applicant.
Meets Standard
Yes Cq' No ❑
Both issues — survey and setbacks — are not the result of any actions by the
applicants.
C. Special orivileees 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 d No ❑
Numerous permits have been issued for pool and screen enclosures on
corner lots that have met the setback requirements. And when the original
pool and enclosure permits were reviewed for this property, they were
issued with the determination that they complied with regulations based on
the signed and sealed survey submitted with the application. Special
privileges are not being conveyed based of a submittal of a revised, updated
survey that indicates different information, and a re -review and differing
determination by current staff.
d. Hardshia 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 C/ No ❑
A hefty financial hardship would be incurred to relocate the pool and
enclosure to meet required setbacks. Correspondence from the POA and
FPL has been received acknowledging the encroachment with no request to
relocate the structure.
e. Only the minimum variance granted. That the variance granted is the
minimum variance that will make possible the reasonable use of the land, building, or
structure.
Meets Standard Yes 6Y No ❑
Based on the current survey, and the angle the screen enclosure is positioned
along the property line, a minimum variance of 13.7 feet — at one point — is
needed, at the eastern end of the enclosure. [At the western end of the
enclosure, because of the angle, the encroachment is 3.2 feet into the 15 foot
setback]
L 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 GY No ❑
The intent of separation between buildings and structures from adjacent
properties will not be met. However, the pool and screen enclosure does not
appear to be injurious or detrimental to the adjacent vacant lot. With regards
to the proximity of the enclosure to the existing power lines, the application
has been reviewed by FPL, with no follow-up request to relocate the
structure.
g. 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 C No ❑
No conditions are being proposed. However, if for any reason in the future
the pool or screen enclosure are rebuilt or redesigned, excluding weather or
fire incidents, setback requirements shall be met.
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 C� No ❑
Since the pool and enclosure are existing, time limits are not being
proposed.
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 ( No ❑
The request is not a use -related variance — Accessory Residential
Uses/swimming pools & enclosures are allowed in this zoning district.
7
/ J
LEGAL DESCRIPTION
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PAILTIR AE MUM IN MLPMR 414 FIDMA BHD'MRB. CBAPIGR 51-li�OF TEE PiAMUA ADf@SHTEATMRGain- ANDARDS 01
Fs] A BOUNDARY SURVEY FOR;••
FRED & GLORIA CLIFFORD -
J�y. ® MAXWELL GEOSPATIAL, INC. J SHEET
RkST
4899 Kirby
Loop CORoad, Fort Pierce,
pFL
34981 - rn SECTION TI TOWN6mP sl DIAN RANGE pH-Y
4 9®ASTIAN, FLORIDA, R4DU.N RIVER COUNTY � O F
P:(772)801-520%M:(337)356-2543 DATE 2/92018 CRUM IFI
P. GRAD AAMLT. nORIDA REGISTRATION j7070 IGkATUIE DATE SCALE 1• = 20' C318GM BY PCY -
PROFESSIONAL SURVIVOR AND YAPPER r
FR3N.AIIN 18011 ele CROSS Cg[gE,DIIG
Exhibit B
ZONING DISTRICT REGULATIONS § 54-2-5.10
XIV Landscaping material, including trees, shall not obstruct the vision of the
motoring public. The landscape requirements of article XIV shall further regulate
development within all zoning districts, excepting single-family zoned districts.
(2) Yards requirements. Table 54-2-5.10 provides the required yard setbacks. These
setbacks shall be based on the following definitions of regulated yards.
a. Yard defined. An open space at grade between a building setback and the
adjoining lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided herein. In measuring a
yard for the purpose of determining the width of a side yard, the depth of a front
yard or the depth of a rear yard, the minimum horizontal distance between the lot
line and the required building setback shall be used.
1. Yard, front. Ayard extending across the front of a lot between the side yard
lines, and being the minimum horizontal distance between the street line
and the structure or any projections thereof, other than the projections of
uncovered steps and those allowed per section 54-2-5.10(e)(2)f. On corner
lots and through lots all yards, which abut the street, are considered front
yards for setback purposes.
2. Yard, rear. A yard extending across the rear of a lot between the side lot lines
and between the rear lot line and the nearest structure. On lots with one
front line, the lot line opposite the front lot line shall be the rear lot line. On
corner lots which abut two streets with front lot lines of unequal length, the
rear yard line shall be opposite and parallel to the shortest front lot line. On
a corner lot which abuts three streets, the remaining lot line shall be a side
yard if it abuts a side yard and shall be a rear yard if it abuts a rear yard.
3. Yard, side. A yard between any structure and the side line of the lot, and
extending from the front lot line to the rear yard and being the minimum
horizontal distance between a side lot line and the side of any structure. A
yard which is not a front or rear yard.
b. Yard and building site requirements. Yards or building sites created after the
effective date of the land development regulations shall meet or exceed the
minimum requirements established in the Schedule of District Regulations
located herein. No yard or building site existing at the time of passage of this
article shall be reduced in dimension or area below the minimum requirements
set forth herein.
C. Special front yard regulations.
1. Lots with double frontage. The front yard regulations shall apply to both
streets on through lots or double frontage lots.
2. Corner lots. There shall be a front yard on each street side of a corner lot,
provided, however, that the buildable width of such lot shall not be reduced
Supp. No. 13 LDC5:32.5
Exhibit C
ROUTE LIST: Applicant
Address L� Lot Block Units
v�-
Received: Date a Time Approved
For
Comments: Permit
BY - Released Date ('AfTime 1*tl
Contractor Licensinq: Review Date Time
Comments:
By Z Released Date U G Time if,�
Zonisq : Review Date
Comments:
gYReleased Date f•�`��"/Time
#############################################################
Plan Review: Review Date t t o Time
—
Comments:
By
Released Date (v[O +v Time
Permit Issuance: : Review Date t-- Time
Comments:
,plc
B
Rele
ased Date Z Time,42f!!!� g P 14::
Y
1
/07
CITY OF SEBASTIAN
APPLICATION FOR' PERMITS f
_ s::aasssssszars=a�ssssss===:sssssss=s::ssslasssss===ass:sss:gnats=ssssas:It•
APPLICANT TO COMPLETE ALL ITEms IN I, I I , III, 1 V , V
_ :ssssss.==ssaatatssax:s>Qssssssac3s===iii>s�ss:s=sssaisarssso=neat*s=sessa===s
WIT
1
I. LEGAL DESCRIPTION: LOT 45 BLOCK S!D San Sebastian Springs !�
S
CONSTRUCTION ADDRESS: 616 Cross Creek Drive Sebastian FL 32958
r
r v4DIAN RIVER COUNTY TAX PARCEL 14 -- 31 -- 38 -00003 -0000 -003 45.Q�
sassits:s.:s=�:eats.:s:sts;s===ssssss===soQswsss=sss-=:>Rssas:=..=s::.ss===s=-=
o
I Z . CONTRACTOR: Pioneer Screen Co, Inc. II PHONE ;561 1'40-4393
.XDDRESS : Port Sr. Lucie
1682 SW Biltmore Street CITY
STATE % Florid-2 ZIP; 34984 STATE REG # :
. s=m:sssttsssss=sass::::=:==ssssssssass==s::sass:=====s=:sass====a:ssssas==
Ill. OWN& ER OF PROPERTY: Mr. & Mrs. Jim Wray
ADDRESS: 616 Cross Creek. Drive CITY: Sebastian ST FL
DAYTIME PHONE NUMBER: 561 581-0735 ZFp: 32958
= I.
salsssssssst==><:sasses=_-=assssssa:=..s==3:ssissssas==sarssaczas:=-rs:stus:s
IV. TYPE OF WORK: NEW XX ADD./ALT. REPAIR DEMOI WITION y
RESIDENTIAL: XKX COMMERCIAL: MULTI-- FA.MILY
DESCRIPTION OF WORK: InstAll pool enclosure on existing slab.
PUBLIC SEWER: YES NO' PCBLIC WATER: YES NO
TOTAL $0. FT. �,2Q�3 CONDZTION +' NON-COND.
ESTIMATED FAIR MARKET VALUE S 4434.00
a:asts0ww=-sarss=s==Macau was====s=_=sss;assriaanus=====:ssssans:icon Mazzaa=r==Z
V . TOILETS BATE TUBS TUB/SHOWER SHOWER KITCH . SINK
WELL LAVATORIES DISPOSAL' WATER HEATER .
WASH . KACH . HOOK-UP LAUNDRY TUB HOSE SIBS DISHWASHER_„
SERVICE AMPS TEMP. SERVICE OUTLETS/swrTcHES
A/C TONAGE HEAT STRIP
_ =c=a:sss>es=sassssr:=a:ssssz:sssss.st.r:seass:ssa.css====r:see=====---z3asasss
4 APPLICANT MUST COMPLETE PAGE TWO AND SIGN PACE THREE �
C2�
' �.. - f :J`_I�. �� ; l.1 / r't i !- i� U� � 'St`:,,1'� I � 4f 1_L U�'i 1 �. � i �O � '7L�i`!• �b0 �'. '�
PACE TWO ;
-%E.L OF THE BELOW SUB -CONTRACTORS -M-UST BE LISTED WITH STATE
�leGISTRATION NUMBER, CERTIFICATION NUMBER, OR SEBASTIAN
CUMPETENCY NUMBER, DEPENDING ON CONTRACTOR.
THE CITY PROVIDES- PRE-PRINTED POSTCARDS THAT MUST BE COMPLETED
ENTIRELY FOR EACH SUB -CONTRACTOR LISTED AND UTILIZED BY THE
CONTRACTOR. POSTAGE MUST BE ATTACHED TO EACH POSTCARD PRIOR
TO SUBMITTING APPLICATION. DO NOT MAIL THE POSTCARDS YOURSELF,
THE CITY WILL MAIL THEM. FAILURE TO COMPLETE THIS WILL DELAY
YOUR PERMIT.
ssssrruss:sra==:ssssszaasssss=ass+sssi== ==asss:s=:sssaaA== a sits X=vasea=s s s :_
r STATE REGISTRATION $
SUB -CONTRACTOR NAME ; SEBAST IAN COMP. #
ELECTRICAL: ;
` PLUMBING: ;
�l ECEIAN ICAL : ;
ROOFING: ;
CARPENTER: ;
. r
DRYWALL: ;
INSULATION: ;
r
PAINTING: ;
CONCRETE/MASONRY::
LATH/PLASTERING: ;
r r
Ar.UMIHUM/ ;
STRUCTURAL: Pioneer Screen Co, Inc. II 947
ALUMINUM/ ;
NON-STRUCTURAL:
SEPTIC: ;
r ,
WELL:
CARPET: ;
TILE:
EXCAVATXNG/ ;
CLEARING/GRADING:;
TERMITE CONTROL: _•
e�{
1 ` 9— 8 ~ ; 0 F'it 1 Ff :ON I SEBAS T i At i_COt I t CC 56 s 5,ill 66
PAGE THREE
APPLICATION IS HEREBY MADE TO OBTAIN A PERMIT TO 00 THE WORK
AND INSTALLATIONS AS INDICATED• I CERTIFY THAT NO WORK OR
INSTALLAVON HAS COMMENCED PRIOR TO THE ISSUANCE Of A PERMIT,
AND THAT ALL WORK WILL 8E PERFORMED TO MEET THE STANDARDS OF
ALL LAWS REGULATING CONSTRUCTION, INSURANCE, AND WORKMAN T S
COMPENSATION. I UNDERSTAND THAT A SEPARATE SUB —PERMIT MOST BE
OBTAINED FOR ELECTRICAL, PLUMBING, MECRANCIAL,.POOLS, ETC.
PROPERTIES SHALL BE KEPT CLEAN OF LITTER AND ALL STREETS,
SIDEWALKS, AND CURBS DAMAGED 0,02 TO THIS CONSTRUCTION SHALL
BE REPAIRED TO THE SATISFACTION OF THE CITY ENGINEER ORTOR TO
THE ISSUANCE OF A CERTIFICATE. OF OCCUPANCY.
pi ,
1
OWNER'S AFFIDAVIT: I CERTIFY THAT ALL THE FOREGOING INFORMATION
IS ACCURATE AND THAT ALL WORK WILL. BE DONE IN COMPLIANCE WITR
ALL APPLICABLE LAWS REGULATING CONSTRUCTION AND ZONING.
WARNING TO OWNERi YOUR ?ALLURE TO RECORD A NOTICE OF COMMENCEMENT
MAY RESULT XN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.
IF YOU INTEND OBTAIN FINANCING, CONSULT ITH R LENDER -OR AN
ATTORS BEFO RECORDING YOUR NOTICE F MMENi ENT.
S NATURE OF 0 W N E ,,, T cY ATURE CO
GEL lONeE(iLY AIM{ FM
T
DATE : December 8, w OO�MAiION 1 oo'gpowwit
WAWIw IN"PM� MOWN=
imp r 1 A14,Q
NOTARY AS TO OWNER OR AGENT NOTARY AS T C NTRA
MY COMMISSION EXPIRES: 10/13/2300 MY COMMISSION EXPIRES:
At1l OOMIIM11011 / O�.Mdt4
oUttt�r+OgeMr �, boo
T®
s�asaesss�ts�sswsss::s=as==�s:�l�fsss+Ra:r�_s�:s=sssaaa::s=a;��atsssss�tssi::aas
DO NOT WRITE BELOW THIS LINE / OFFICE USE ONLY
BUILDING PERMIT
ZONING ,�S•�o TAZ
APPLICATION RECEIVED BY T-z� DATE L._Z=, /0/,=� ES PD
'7�l I •, � SZ
PLANS CHECKED BY: to7-Y-SSUANCE B: Y
FLOOD ZONE: SLAB SURVEY REQUIRE .
FEES '
BUILDING PERMIT 5,.� • p C/
PLUMBING PERMIT S
ELECTRICAL PERMIT $
MECHANICAL PERMIT $
RADON (STATE) $
OTHER S
TOTAL FEES
i
SKETCH
V Iwo
le� GS
oollo
NOOa11'CO Fle.:.a7
s1JaA6
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LOT Z5.315' W-FT.
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TOTAL=3(e.3ZZ' SQ.FT.
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SURVEYORS NOTES:
Type DT Survey BODUMZY % PWT PLAAS
Dearings Based Ca PLAT
QElevatims Dared 0. ASSULW-b DATA
FLOOD ZOUE"C" PAl)EL W.IZOIZ300058
lur 45 , BLOCK. SAM 5EBASTM 5PRIAJGS
AS RM:C•ORDEB IN PIAT ROOK I1 PAGE 58 ,
OF THE MIBLIC RF..CORDS OF WDIAU FIVC-R COUNTY,
FLORYDA.
IDATE
7- 19- 8%
I HEREBY CERTIFY TRAT THE SURVEY R£PRPSP.NTED
SCALE
I
HERRON IS TRUE AND CORRECT TO THE REST OF NY
KNOWLEDGE AND BELIEF AND MEETS THE MINIMUM
TECHNICAL STANDARDS AS SET FORTH DI' TII};
OWG. EY
S.D.W.
FLORIDA BOARD OF LAND SURVEYORS, FLORIDA
CHK. ETi
AA.S K.
ADMINI ATIV CODE 101-6.
PROJ. NO.
XIOI L J. KANE., FEA.- L.S. 14029 -
PREPARED FOR kWP-V U 1-ICUAE5
MICHAEL J. KANE R.LS.
P.O. BOX 226B5
MELBOURNE FLA-32902-2685
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UTILITY EASEMENT5
ALL C)gt.%Q&GE ELI.SEME.MTS AS SHOW►J
APE UTILITY EASEMEOTS
- 5 FEET OK) FROWTI SIDE I11.ID QEAiZ LOT
LINES OF O-LL_ LOTS A2E DEDICATED
UTILITY( EASEMEMTS
/
PLAT BOOK II
PAGE 9 z A _
SHEET? OF 2
DOCKETT NO.lQB7-q8
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ItRTIFICATE OF DEDICATION
STATE OF FLORIDA
CITY OF SEBASTIAN
INDIAN RIVER COUNTY
Know all men by these presents that the undersigned,
being the owner In fee simple of these lands described
hereon does hereby dedicate said lands and plat for the
uses and purposes thereon expressed and dedicates to
the perpetual use of the San Sebastian Springs Property
owners Association Inc. all roads and easements In this
subdivision and are the perpetual maintenance obilgtlon
of the association with the full knowledge that the some
are not dedicated to the public are not and will not be
part of the City of Sebastlan's System of Public Roads,
and will not be Improved or maintained by the City of
Sebastian.
IN WITNESS WHEREOF, THE UNDERSIGNED: Henry A. Fischer,
fames T. Wadsworth, Dorthy Wadsworth, Hereunto set their, hand
hand and sea[ on zS-
to
witness alf
signatures
itneas to all
5 natures
Fitness , o a
s gnatures
ACKNOWLEDGEMENT
STATE OF FLORIDA
INDIAN RIVER COUNTY
CITY OF SEBASTIAN
HENR, IS HER
AMES T. WA WORTH
0*01f Y YYAD 5 0 ' H
"his is to certify 'ha' un _ Lk,25 19j _
beFure me an officer duly authorited Yo take ack owledpc-
ments In the State and City aforesaid, personally appeared
Henry A. Fischer, James T. Wadsworth and Dorothy Wadsworth
to me known to be the persons described In and who executed
the foregoing dedication and severally acknowledged the
execution thereof.
In witness whereof. I have hereunto set my hand and
eeal on the above date.
NOTARY PUBLIC
MY COMMISSION-
,ERTIFICATE
H f .-F FI OR,0A
COI1N I Y OF INDIAN
OF SURVEYOR
RIVER
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Exhibit E
aFlorida Power & Light Company, 3301 Orange Ave, Fort Pierce, FL 34947
LPL
July 29, 2019
Fred Clifford
616 Cross Creek Dr,
Sebastian, FL
32958
Re: Platted Easement Encroachment
San Sebastian Springs, Lot 62
Thank you for contacting FPL about the encroachment of 5 ft easement on the south
perimeter of lot 62 San Sebastian Springs, PB 11, PG 92 in the platted utility
easement at the referenced location. FPL has facilities on this easement but has no
objection to this existing encroachment and will not require its removal, however FPL
does not agree to the future encroachment of any other structures into the easement.
If I can be of any further assistance, please contact me at (772) 489-6204.
Sincerely,
Armlight Ma n
Project Man er
A NEXTera ENERGY Company
Exhibit- F
10-7-19
UNANIMOUS WRITTEN CONSENT IN LIEU OF A
SPECIAL MEETING OF THE BOARD OF DIRECTORS
OF
SAN SEBASTIAN SPRINGS PROPERTY OWNERS' ASSOCIATION, INC.
The undersigned, being all the Directors of San Sebastian Springs Property Owners'
Association, Inc., a Florida not -for -profit corporation, hereby consent, pursuant to §617.0821
Florida Statutes, as amended, of the Florida Not For Profit Corporation Act, to the adoption of
the following resolutions in lieu of a Special Meeting of the Board of Directors:
WHEREAS, the Replat of San Sebastian Springs Subdivision is recorded in Plat Book
11, Page 92 (hereinafter "Replat"); and
WHEREAS, the Replat provides that all roads and easements as shown thereon are
dedicated to the San Sebastian Springs ,Property Owners' Association, Inc. (the "Association");
and
WHEREAS, the Replat provides that there is a five (5) foot Utility Easement along the
front, side and rear of all lot lines of all lots (the "Utility Easement"); and
WHEREAS, Fred "Cliff" Clifford and Gloria Clifford, his wife (the "Clifford's"), own
Lot 45 within the Replat located at 616 Cross Creek Drive, Sebastian, Florida 32958 (the
"Clifford Lot"); and
WHEREAS, the pool, pool deck and screen enclosure (the "Encroachment") located on
the Clifford Lot encroaches on a diagonal up to a maximum of 3.7 feet into the 5 foot side yard
Utility Easement on the Clifford Lot; and
WHEREAS, Florida Power & Light Company, the electric provider for the subdivision
has no objection to the Encroachment as evidence by its letter dated July 29, 2019 to Fred
Clifford; and
WHEREAS, the Clifford's have applied to the City of Sebastian, Florida, for a variance
up to a maximum of 3.7 feet from the City's side yard setback requirements for the
encroachment into the Utility Easement; and
WHEREAS, the Board of Directors for the Association, the owner of the Easement right,
has reviewed the Encroachment and determined that it is minimal, that it has been in effect for
years, that it has no adverse effect on the Association or the utility provider (FPL) and that there
is an additional 5 foot Utility Easement area available on the adjacent lot.
( 00113713.DOCX.1 I
F�2,
10-7-19
The Board of Directors hereby adopts the following:
RESOLVED, that the Association hereby consents to the Encroachment into the 5 foot
side yard Utility Easement along the South lot line of the Clifford Lot as shown on that certain
survey prepared by Maxwell Geospatial, Inc. dated February 9, 2018 as drawing 18011 616
Cross Creek (the "Survey").
RESOLVED, that the Association hereby consents to and approves the Application for
and the granting by the City of Sebastian, Florida of a variance of up to 3.7 feet for the
Encroachment into the side yard 5 foot Utility Easement along the South lot line of the Clifford
Lot as shown on the Survey.
IN WITNESS WHEREOF, the undersigned have duly executed this Consent to be
effective as of the day and year written below.
Dated: �/F,t31%p i _5 , 2019
1 1
HEony�seher, Director, President Actsckyrek(i-r-c1c,Por� Henry 'v Fischer, Director, Vice President Eric C. Fischer, Director, Secretary!
Treasurer
N/A
Fred Clifford, Director
Due to a conflict of interest Fred Clifford has
abstained and will not sign this Consent.
100t 137I3.DOCX. I ) 2
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Permit Application No.
SE�T�►V City of Sebastian
rioms of vtuc.w isiwo
Development Order Application
I Ann" t (If t
pp Ican no owner, written
a1uth�oriIzation (notarized) from owner is required)
Warne:
iztov'L'a, /0
Address: ��U
/CjSS CARtE f DriVc, 57—q Ss
P�oe)M,;rR
EVar
Owner (if
JJ different from applicant)))
Name:
Address:
Phone Number: ( ) FAX Number:
E-Mail:
Title of permit or action requested:
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11 ° COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
$1 A. Project Name (if applicable):
I B. Site Information ,,,(J I
Address: ( � � �b- 'C- s • . 3 a 9 s g
�ro S S
Lot: 1 j Block: Unit: Subdivision:
Indian River Count Pa el #:
313X1` h00036n000p S.O 11
Zoning Class• ilcatf_oon: V F ture Land Use:
Existing Use: Proposed Use:
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary): _
P91
�A�GC i
DATE RECEIVEDC�--/f /� FEE PAID: $ oZS ` o� RECEIVED BY:
Permit Application No.
D. Project Personnel:
Agent:
I Name:
Address
Phone Number: ( ) FAX Number:
E-Mail:
1 Attorney:
Name:
I Address
Phone Number: ( ) FAX Number:
E-Mail:
Engineer:
Name:
Address
Phone Number: ( ) FAX Number:
E-Mail:
I Surveyor:
X I Name: I Address /1ka C
9 y I�.3�^4iI99
Lj
Phone Num r 77
�_V�N
E-Mail: 4
�3e_Chad C� m ►�� F I ( Pow. -h I , rc _
n.Mis 0 \ :�4 l EING FIRST DULWORN, DEPOSE AND SAY THAT: V_ I AM THE OWNER _ I
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, D THAT L T MATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACCURAT T E E KNOWLEDGE AND BELIEF.
x 1(,irvE I B I 0,019
SIG TURE —� DATE I
WORN TO AND SUBSCRIBED BEFORE ME BY J:Pff0 F. eat f:6*dc.. 11111I,,
AS IDENTIFICATION, 1T'DA OF --DU AIF ,201. \QQ'�� ,1 SIOBO'S�;O.➢���''
O; LO J S28.20' i •,Ty
NOTARY'S SIGNATURE % • �, 13O�J'
PRINTED NAME OF NOTARY
COMMISSION NO./EXPIRATION ap =y:y NFF 9MM
SEAL: l i09BOntl.ted lbN 0`�i'• �c�
'ii 9f,• P°4(Undl •• ��
Permit Application No.
The following is required for all comprehensive plan amendments, zoning amendments
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
I/WE, V THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE �p `;� /}-U qkt 7XL--w,'T
BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY/OUR PENDING APPLICATION.
1/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIV D C ENT G SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED,
OR PRO Y AN OYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
St�IJ� IB�zolg
G AT E DATE
Sworn to and bssrib efore me by R2� F- ca I f�r26
who isyer ovally knew me or produced �1P�ItWnHip����
as identification, this i S day of GTbtuN 20 \0`p0V M BOSWo����i
���Q-••pd53�ON �
Notary's Signature ze.zo °•y
Printed Name of Notary ru . 0S",nz
Commission No./Expiration W Q�/
Seal: 2;2 ff 96M
�9•��ayPonded
�j� Qy •. c Untie •.'�O``��
�BUC, STA'��������\
APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE
CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE
APPLICANT.
ACKNOWLEDGMENT DATE
Permit Application No.
Ono
5?!��V
HOME Of PELICAN KMID
Supplemental Information
Application to the Board of Adjustment
1. This application is for a (check one): ✓ variance(s) appeal(s)
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
neces ): Vr,, Ofr\0 OW 64
O"IQC
1 93 q UJt acu
-U A V\)t Se
3. Legal description of the properly involved: �O � � `*!55vOC .1N4)
L-A#450T ��aO
�bCLStiClt� S' �rin�jS —
� 313K I �Ft4 b�,3 ow o c0o45.0
4. Attach the following:
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.
b. Additional data and information as required to properly advise the Board
of the facts and circumstances needed to decide the case on its merits.
*-C-. The names 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.
im a
SEBASTIAN
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248
www.cityofsebastian.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 RESCHEDULED PUBLIC HEARING ON
WEDNESDAY, JANUARY 8', 2020, AT 6:00 P.M. IN THE CITY COUNCIL
CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO
CONSIDER A VARIANCE FROM SECTION 54-2-5.2.2(d)(5)F OF THE SEBASTIAN
LAND DEVELOPMENT CODE.
FRED AND GLORIA CLIFFORD, IN REGARDS TO LOT 45, SAN SEBASTIAN
SPRINGS SUBDIVISION REPLAT, LOCATED AT 616 CROSS CREEK DRIVE,
ARE REQUESTING A VARIANCE FOR AN EXISTING SCREEN ENCLOSURE
FOR A POOL TO BE AT MAXIMUM 1.3 FEET FROM THE SIDE PROPERTY LINE
OF A CORNER LOT, AND ENCROACH INTO A 5 FOOT UTILITY EASEMENT,
WHEREAS THE REGULATIONS FOR THE RS-20 ZONING DISTRICT REQUIRES
THAT STRUCTURES MAINTAIN A MINIMUM SETBACK OF 15 FEET FROM
THE SIDE PROPERTY LINE.
ED DODD, 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.S.)
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: Tuesday, December 24, 2019