HomeMy WebLinkAbout1997 - Special Use Permit�t r
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City of Sebastian, Florida
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Subject: Special Use Permit, Balme Agenda No. 2ZL
residence at 404 Indian River Dr.
Department Origin: Co 'ty Development
Approved for Submittal by:
Date Submitted : September 9, 1997
lAzaz� W n
For Agenda of: September 17, 1997
Exhibits: application, location p, minutes of 8/21/97 P&Z meeting, staff report, legal notice, resolution R-97-59
EXPENDITURE AMOUNT BUDGETED: APPROPRIATION
REQUIRED: None REQUIRED: None
None
SUMMARY
Mr. Balme is selling the property at 404 Indian River Dr. to his son and daughter in law. He
wishes to build a small residential unit to continue his independent living while maintaining
availability of immediate care and assistance. Residential use is allowed as a special use in the
GMC zoning district. The Planning and Zoning Commission recommends approval of the
request.
RECOMMENDED ACTION
Hold a public hearing and take action on resolution R-97-59.
APPLICATION FOR SPECIAL USE PERMIT
In accordance with Section 20A-2.6, Land Development Code, the
City Council may, in its sole discretion, grant a special use
permit in any district for a use which is not provided for in the
zoning regulations. All such uses shall not be otherwise
illegal, and shall not be specifically prohibited pursuant to the
comprehensive plan or other applicable law or regulations.
The City Council shall not grant any special use permit under
this section unless it shall make findings based upon the
evidence presented to it in each case that:
1) The granting of the permit will not be detrimental to the
public safety, health or welfare or be injurious to
other properties or improvements within the immediate
vicinity in which the property is located= and
2) The use requested is consistent with the purpose and
intent of the. respective district, and can be
demonstrated to be similar in nature and compatible with
the uses allowed in such district.
The fee for a special use permit is $150 (established by
Resolution No. R-88-09). In addition the applicant must provide
the City Clerk's office with a list of the surrounding property
owners within a 200' radius of the sub3ec t property along with
the appropriate certified return receipt mailing fee (currently
$2.29 for U.S. mailing) .
NAME OF APPLICANT: V,A ('0 & rA -1-), V I VVN C,
ADDRESS OF APPLICANT: .40 4 I r% CA it i w\ l� y�JL'w' �a' I� 'e-
aA3'a51 Ian i-1�1C�
APPLICANT PHONE 1: 15 G L
.4O d- c� 1 ex n � i41Pr Oft e
ADDRESS OF SUBJECT PROPERTY:
S 0-6a. sT t% I -P- 3 9 59
LEGAL DESCRIPTION OF SUBJECT PROPERTY: •Me• Sdu`•1-V% 200. b % �'eeT O-�
�1r. e !`1o�•7`I,. 2 So. � l e P v-Y o-� Cop e v n ern e n"T Lor �. � Se `~i;c,� "7) `
♦rowy,S•�NA�0, snL� , �ar�P 3� £�5r r��r� � T of MA Snise
a t�JY �� t� � 4 � tt1 JE'r �-�c' 10 �� � �c1 � a c► � i J er eA��_
ZONING OF SUBJECT PROPERTY: G M C- Ge Q��l AQlt «er 'W4%
REASON FOR REQUEST FOR SPECIAL USE PERMIT:_111y Se,-N 4.vcd
te_&; dan%ig� �!!7 i % ry A-&-;!1 lam'//1 M y /ntiP��ce
/:d: nq �.�� s%�/ hwa& ;m o ce, C�r!amr erne/ 4tr Z.4C �.
,f veii46/e,
THE BUILDING OFFICIAL MAY REQUIRE ADDITIONAL BACKUP INFORMATION
FOR CERTAIN REQUESTS
Signature/of Ap6ficant
b:specuse.app
1
Date
/- -2 4/—
it
MUSICK - FOWLER LAND SURVEYING COMPANY
P.O. Box 1677 1123 12th STREET SUITE 0
VERO BEACH, FLORIDA 32960
StZ +4744•
' OVOIATN Z~Aff 6 ov T: moor i Y
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The Sni.Wi 21.10.651 !*eet of the {'forth 2,50.61 fent of Covernn-ent
Lot t, .'kc Linn ?, Ttiw-i:ship 31 xnith, TtnP,e 'r Rhat, ly trr-
Mani or rtlri Ilior• inghm2y (Indian diver 6rive). Si.tuato 'I y:
SCALE: 1" a 50' In:iiv; ;'i1•t+r ''.r%t:•Zt;.y, Florida.
ED SAUA&
1+04r TRZZWE
SE4p51'tRrl SURVEYOR'S NOTES
t. Reprod tions of this SKETCH are not valid
unless embossed by Surveyor s seal.
2.1.06d shown hereon was not abstracted for
Rights-of-way and/or Easements not
recorded on Plot.
I HEREBY CERTIFY that this SKETCH OF .SURVEY is true and
correct to the best of my knowledge and belief as surtveyed under
my direction,and that there are no encroachments except as
shown,and that on . ZI(541 rr j8,19T9 the location of the
improvements were cis shown.
Pro ssionoI Land Surveyor
Ce tificate No.3435
STATE OF FLORIDA
79 —/, Apes. Z/ 2,3 T,2 - L
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PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR Ni th Y iNG OF AUGUST 21, 1997
At this point, Vice Chinn. Munsart welcomed Mr. Harry Thomas to his first meeting since being
appointed to the Planning and Zoning Commission.
OLD BUSINESS:
A. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE -1790 STARFISH LANE
- MICHAEL ESTES - VENDING MACHINE SERVICE
Mr. Michael Estes, 1790 Starfish Lane, Sebastian Highlands was present.
There were thirteen notices of hearing sent out. There was one objection letter and no non-
objection letters received. A copy of the objection letter was given to the applicant.
Mr. Estes gave a brief presentation.
Ms. King gave staff presentation, reminded the applicant of the regulations, and recommended
approval.
Vice Chinn. Munsart opened and closed the public hearing at 7:12 P.M., and there was no public
input.
The applicant responded satisfactorily to questions from several Commission members.
MOTION by Pliska/Kilkelly
I make a motion that we approve Estes Vending for Michael Estes, at 1790 Starfish Lane,
Lot 23, Block 401, Sebastian Highlands Unit 11.
Roll call: Mr. Pliska
Mr. Driver
Mr. Thomas
Mr. Mather
The vote was 7 - 0. Motion carried.
- yes Mr. Schulke - yes
- yes VC Munsart - yes
- yes Ms. Kilkelly - yes
- yes
B. RECOMMENDATION TO CITY COUNCIL - SPECIAL USE PERMIT
RESIDENTIAL UNIT IN GMC ZONING - 404 INDIAN RIVER DRIVE
Mickey Capp assisted W. Edward Balme, of 404 Indian River Drive, Sebastian, in answering any
questions.
Mr. Capp gave a brief presentation explaining the addition of another structure on the property at
the above address.
Mr. Hass gave staff presentation and recommended approval. It was determined this structure is
not an accessory building.
2
PLANNING AND ZONING COMMISSION
MINUTES OF REGULAR Muer, 1 iNG OF AUGUST 21, 1997
MOTION by Mather/Thomas
I make a motion to the City Council for approval of a dwelling - additional unit on 404
Indian River Drive, Sebastian, Florida, for Edward D. Balme, with the conditions of item
eleven (11) and item ten (10) and the recommendations of staff on item sixteen (16), and
the report as so drafted to them, the Board.
RoU call: Mr. Driver
- yes
Mr. Thomas
- yes
Mr. Schulke
- yes
Mr. Pliska
- yes
The vote was 7 - 0. Motion carried.
NEW BUSINESS:
VC Munsart
- yes
Ms. Kilkelly
- yes
Mr. Mather
- yes
C. PUBLIC HEARING - HOME OCCUPATIONAL LICENSE - 591 BISCAYNE LANE -
WILLIAM WEST - FINANCIAL BROKERAGE SVCS
Mr. William West, 591 Biscayne Lane, Sebastian, was present.
There were sixteen notices of hearing sent out. We received no objection or non -objection letters
received.
Mr. West gave a brief presentation.
Ms. King gave staff presentation and recommended approval.
MOTION by Driver/Mather
I make a motion that we approve the Home Occupational License for West Financial
Holdings, Inc., dba U.S. 1 Export Finance, William V. West, Jr. at 591 Biscayne Lane,
Sebastian.
A voice vote was taken. 7 - 0 motion carried.
D. PUBLIC HEARING - MODEL HOME PERMIT RENEWAL - TOZZOLO
BROTHERS CONSTRUCTION -1271 BARBER STREET
No one was present representing Tozzolo Brothers, but traditionally, when there have been no
problems, the renewal is handled automatically and at the discretion of the Planning and Zoning
Commission.
Ms. King gave staff presentation, noted there are no existing code violations, none have been
reported during the last permit year, conditions have not apparently changed and staff would
recommend approval.
3
81
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Community Development Department
Special Use Permit Application - Staff Report
1. Project Name: Dwelling Unit Addition
2. Requested Action: Approval of additional dwelling unit on lot zoned GMC.
3. Project Location
a. Address: 404 Indian River Drive '
Sebastian, Florida 32958
b. Legal: The South 200.61 feet of the North 250.61 feet of
Government Lot 1, Section 7, Township 31 South, Range
39 East, lying East of Old Dixie Highway (Indian River
Drive). Situate in Indian River County, Florida.
C. Indian River County Parcel Number:
4. Project owner: Edward B. Balme
404 Indian River Drive
Sebastian, Florida 32958
5. Project Agent:
6. Project Engineer:
7. Project Attorney:
S. Project Description
a. Narrative of proposed action: Owner of property (Edward B.
Balme) is selling the property to his son and daughter in law. He wishes
to add a small residential unit to continue his independence of living
while maintaining availability of immediate care and assistance. The
existing house is approximately 38' x 91' = 3,458 SF and the proposed
unit is 30' x 48' = 1,440 SF. The lot is approximately 235' x 211' _
49,585 SF. The driveway is approximately 220'x 10'= 2,200 SF. Total
impervious area (including proposed unit) = 7,658 SF or 15% and open
area is 41,927 SF or 85%. Residential use is allowed as a special use in
GMC.
b. Current Zoning: GMC
1
C.
North:
East:
South:
West:
Adjacent Properties
Zoning Current Land Use Future Land Use
GMC Sportsman's Lodge CW
Indian River Indian River Indian River
GMC Residential CW
COR Residential COR
d. Site Characteristics
(1)
Total Acreage:
(2)
Current Land Use(s):
(3)
Soil:
(4)
Vegetation:
(5)
Flood Hazard:
(6)
Water Service:
(7)
Sanitary Sewer Service:
(8)
Parks:
(9)
Police/Fire:
1.1 ac
Residence, Garage
Immokalee
Oak, Pine, Palm
Zone AE
Indian River Utilities
Indian River Utilities
Riverview Park -- 600 feet
Main Street Police --1 mile
Volunteer Fire --1 mile
9. Comprehensive Plan Consistency
a.
Future Land Use:
Consistent
b.
Traffic Circulation:
Consistent
C.
Housing:
Consistent
d.
Public Facilities:
Consistent
e.
Coastal Management:
Consistent
f.
Conservation:
Consistent
g.
Recreation and Open Space: Consistent
2
10. Is the granting of the special use permit detrimental to the public safety,
health or welfare or injurious to other properties or improvements within
the immediate vicinity in which the property is located? The proposed
use is allowable as a conditional use in the GMC zoning district according to
the criteria set forth in Section 20A-3.12 (D) of the Land Development Code.
1. Density: The density shall not exceed twelve (12) units per acre.
2. Minimum green area: The minimum green space shall be fifty (50)
percent of the land use for residential uses, the same as for any other
use within the GMC district as stated in subsection 20A -3.12(E)(6).
3. Minimum living area: The minimum floor area required for a single-family
dwelling, excluding porches, terraces, attached garages, carports and
other unenclosed areas, shall be one thousand (1000) square feet.
Every single-family dwelling unit shall be required to provide a garage or
carport. If a carport or similar unenclosed vehicle storage structure is
provided, then the principle structure shall contain a fully enclosed utility
storage area of at least sixty (60) square feet which shall be designed as
an integral' part of the principal structure. if a fully enclosed garage is
provided, then no utility structure shall be mandated.
4. Minimum side yard setback: A side yard setback of fifteen (15) feet is
required.
5. Minimum distance between residential structures on the same lot: 20
feet.
11. Is the use requested consistent with the purpose and intent of the
respective zoning district, and can it be demonstrated to be similar in
nature and compatible with the uses allowed in the zoning district? With
the conditions outlined above, the proposed use is consistent with the purpose
and intent of the GMC zoning district, and is similar in nature and compatible
with the uses allowed in the zoning district.
12: Additional considerations: The special use permit application meets all of the
required conditions and restrictions set forth in section 20A -3.12(D) of the Land
Development Code.
13. Other Matters: The site of the proposed residential unit is on an existing
residential lot and is not detrimental to the public safety health or welfare or
injurious to other properties or improvements within the immediate vicinity. The
addition is compatible with the current and future uses of the area.
14. Analysis: The proposed use is allowable as a conditional use in the GMC
zoning district according to the criteria set forth in Section 20A-3.12 (D) of the
Land Development Code. The proposed use could be considered as a special
use permit within the GMC zoning district.
4
15. Conclusion: With the conditions outlined for the conditional use permit, the
proposed use is not detrimental to the public safety, health or welfare or
injurious to other properties or improvements within the immediate vicinity in
which the property is located.
16. Recommendation: Staff recommends that the Planning and Zoning
Commission recommend that the City Council find the proposed use is not
detrimental to the public safety, health or welfare or injurious to other properties
or improvements within the immediate vicinity in which the property is located.
The staff further recommends that the Planning and Zoning Commission
recommend to the City Council approval of the special use permit for Edward B.
Balme with the following conditions:
1. Density: The density shall not exceed twelve (12) units per acre.
2. Minimum green area: The minimum green space shall be fifty (50)
percent of the land use for residential uses, the same as for any other
use within the GMC district as stated in subsection 20A -3.12(E)(6).
3. Minimum. living area: The minimum floor area required for a single-family
dwelling, excluding porches, terraces, attached garages, carports and
other unenclosed areas, shall be one thousand (1000) square feet.
Every single-family dwelling unit shall be required to provide a garage or
carport. If a carport or similar unenclosed vehicle storage structure is
provided, then the principle structure shall contain a fully enclosed utility
storage area of at least sixty (60) square feet which shall be designed as
an integral part of the principal structure. If a fully enclosed garage is
provided, then no utility structure shall be mandated.
4. Minimum side yard setback: A side yard setback of fifteen (15) feet is
required.
5. Minimum distance between residential structures on the same lot: 20
feet.
PREP�FWi) BY
4
/ r
DATE
r
MUSICK-FOWLER LAND SURVEYING COMPANY
P.O. Box 1677 1125 121h STREET SMITE D
VERO !!EACH, FLORIDA 32960
aA2 -4744.
' N0.4TT/V G//Vt'! a4VT. .GOT /
job (� r
d �'ouvo covc..I•to.vu.a�csvr'
O swr zTL. Pim
The Shmith 2n.0.4.1 Vnnt of the North 2f)0.61 fent of government
Lot 1, Sec tlo11 7, T„K.hnhip 31 .btith, Thnpe 'r Mxst, ty irr
mist or ni pixie 1(ttt'hw y (Indian Giver Drive). Situate In
SCALE, 1" 50' In: 1m; Firer ''ou-tky, Florida.
ED ULM&
�042R a�sa>r
SEt3RSTiRrt SURVEYORS NOTES
1. Reproductions of this SKETCH are not valid
unless embossed by Surveyors seas.
2.Land shown hereon was not abstracted for
Rights-of-way and/or Easements not
recorded on Piot.
I HEREBY CERTIFY that this SKETCH OF .SURVEY is true and
correct to the best of my knowledge and belief as surveyed under
my direction, and that there are no encroachments except as
shown,and that an Aucsuz'r t8,1979 the location of the
Improvements were cis shown.
• Land t.,.,C . r�veyrorrPr s"noI am
Ceificate .
.G'�_....
No- 3435
STATE OF FLORIDA
79 —/, acE. 2/ 2.3T.Z-L
0
APPLICATION FOR SPECIAL USE PERMIT
In accordance with Section 20A-2.6, Land Development Code, the
City Council may, in its sole discretion, grant a special use
permit in any district for a use which is not provided for in the
zoning regulations. All such uses shall not be otherwise
illegal, and shall not be specifically prohibited pursuant to the
comprehensive plan or other applicable law or regulations.
The City Council shall not grant any special use permit under
this section unless it shall make findings based upon the
evidence presented to it in each case that:
1) The granting of the permit will not be detrimental to the
public safety, health or welfare or be injurious to
other properties or improvements within the immediate
vicinity in which the property is located; and
2) The use requested is consistent with the purpose and
intent of the respective district, and can be
demonstrated to be similar in nature and compatible with
the uses allowed in such district. t-A•oN0*2 o
The fee for a s ecial use ermit is $150 (established by
Resolution No. R-88-09). In addition the applicant must provide
the City Clerk's office with a list of the surrounding property
owners within a 200' radius of the subject property along with
the appropriate certified return receipt mailing fee (currently
$2.29 for U.S. mailing) . ,
NAME OF APPLICANT: SA-wn.rA �• `�-'� r
ADDRESS OF APPLICANT:
Z-,P(0aS�`iar,i-3�i4.
APPLICANT PHONE f: SG LS
Off- is r� i Pr &C,J
ADDRESS OF SUBJECT PROPERTY:
S0.6G.sTt., -P-1a. 3,;-g.TA
LEGAL DESCRIPTION OF SUBJECT PROPERTY: ane. S- 0%A4i-% 200. b (;eeT o�
e �e�u•�'L.
nS�in31; So« Main P. 39 Easy rvin< F.eST o 614lrylyiG
a wily c l iti : k eJ '9, 1 Je y D Lr 1 v 1 •
ZONING OF SUBJECT PROPERTY: Cr" 1A C.. � Ge n erc,tape. &41 w lSA
REASON FOR REQUEST FOR SPECIAL USE PERMIT:• -Aiy Son c,,vd & -1 -W
l/,7 Tv 407 7W- i n Mly 0
./;at; A hw a& ;,mo &ttC &&W A SS'/SXWAC 4, ,
THE BUILDING OFFICIAL MAY REQUIRE ADDITIONAL BACKUP INFORMATION
FOR CERTAIN REQUESTS
Signature/of Applicant Date
/- �2 �/-
b:specuse.app
1
WAIVER AND CONSENT
I/We, the owner (s) of the property located at 404 Z riG i aN k * erg
Sebastian, Indian River County, Florida, (the "Property"), hereby
authorize each and every member of the
Board/Commission of the City of Webastian (the
"Board"/ "Commission") to physically enter upon the property and
view the Property in connection with my/our pending ,Qeiwcts - Ae s c, �as�
(the "Proceeding"). A perm; T
I/We hereby waive any objection or defense I/we may have, due to
the quasi-judicial nature of the proceeding, resulting from any
Board/Commission member entering or viewing the property, including
any claim or assertion that my/our procedural or substantive due
process rights under the Florida Constitution or the United States
Constitution were violated by such entering or viewing.
This Waiver and Consent is being signed by
not as a result of any coercion applied, o
employee, agent, contractor or official of
Dated this � y day of
�l!!N!!!/!!T!!!I!!'I.0. !!!l!!!!l!t!!!!l!!!!!!!!!/
•>; ♦a�Y pv Judy L. Bosmeny <
' _, �' Notary Public, State of Florida
o Commission No. CC 581804
v'�'4 ,� MY Commission Exp. 09/18/2000
1.800.3 -NOTARY - Fla. Noury Serwec & Bco&g Co. <
SWO to and subscribed before
0 , � 19 �% .
me/us voluntarily and
r promises made, by any
the City of Sebastian.
, 199 -2 .
Clem s )
me this
day of
Nota u
o s m V.r
My Commission Expires: 9-19-a=
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 o FAX (561) 589-5570
PUBLIC NOTICE
CITY OF SEBASTIAN
INDIAN RIVER COUNTY
SEBASTIAN, FLORIDA
THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, WILL HOLD A PUBLIC HEARING IN THE CITY
COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FLORIDA, AT A REGULAR
MEETING ON THURSDAY) AUGUST 7TH, 1997, AT 7:00 P.M., TO CONSIDER
APPROVAL OF A SPECIAL USE PERMIT FOR AN ADDITIONAL DWELLING UNIT ON A
1.1 ACRE PARCEL ZONED GMC (GENERAL MARINE COMMERCIAL) LOCATED AT
404 INDIAN RIVER DRIVE, SEBASTIAN, FLORIDA.
ALL INTERESTED PARTIES MAY APPEAR AT THE HEARING AND PRESENT
TESTIMONY WITH RESPECT TO THE PROPOSED SPECIAL USE PERMIT.
CARL A. FISCHER, CHAIRMAN
PLANNING AND ZONING COMMISSION
CITY OF SEBASTIAN, FLORIDA
ANYONE WHO MAY WISH TO APPEAL ANY DECISION WHICH MAY BE MADE AT
THIS HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS BASED.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS SPECIAL ACCOMMODATIONS FOR THIS MEETING SHOULD
CONTACT THE CITY'S ADA COORDINATOR AT (407)-589-5330 AT LEAST 48 HOURS
PRIOR TO THE MEETING.
PUBLISHED: JULY 24, 1997
City
of Sebastian
1225 MAIN STREET ❑SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5537 ❑FAX (561 ) 589-2566
POSTAL DELIVERY
September 2, 1997
Robert & Emily Green
51 W. Flagler Drive
Stuart, Florida 34994
Dear Property Owner:
CC �' S I I P---) V,
"4z-
Pursuant to Section 20A-2.6 of the Land Development Code of the City of Sebastian,
this is to inform you that the City Council of the City of Sebastian, Indian River
County, will hold a Special Meeting to conduct a Quasi -Judicial Public Hearing on
Wednesday, September 17,1997 at 7:00 p.m. in the City Council Chambers, City Hall,
1225 Main Street, Sebastian, Florida, to consider adopting a resolution regarding an
application for a special use permit to allow an additional dwelling unit on a 1.1 acre
parcel zoned General Marine Commercial {GMC} located at 404 Indian River Drive.
All records are available for review in the office of Community Development, Building
Department; 1225 Main Street, Sebastian, Florida, Monday through Friday, between the
hours of 8:00 a.m. to 4:30 p.m.
Any person who may wish to appeal any decision which may be made by the City
Council at this hearing will need to ensure that a verbatim record of the proceedings is
made which record includes the testimony and evidence upon which the appeal will be
based. (286.0105 F.S.)
By: Robert J. Massarelli
Community Development Director
City of Sebastian
EDWARD & KIM PHELPS
412 INDIAN RIVER DRIVE
SEBASTIAN, FL 32958-4708
ORVIS COURSEY
P.O. BOX 780550
SEBASTIAN, FL 32978-0550
CHARLES B. ROWLEY III
5 SAWMILL ROAD
ACTON, MA 01720-5835
HELEN M. TENNYSON
P.O. BOX 780722
SEBASTIAN, FL 32978-0722
ELMIRE (McDONALD) MENDE
P.O. BOX 780206
SEBASTIAN, FL 32978-0206
NANCY T. MOON (TR)
P.O. BOX 781692
SEBASTIAN, FL 32978-1692
BJ'S BARBEQUE, INC.
P.O. BOX 781407
SEBASTIAN, FL 32978-1407
WAL-MART STORES, INC.
ATTN: DAVID W. SCHINDLER
702 SW 8TH STREET, 11068
BENTONVILLE, AR 72716-0621
ROBERT & EMILY GREEN
51 W. FLAGLER DRIVE
STUART, FL 34994
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PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared Darryl K. Hicks who on
oath says that he is President of the Press -Journal, a daily newspaper published at Vero Beach
in Indian River County, Florida; that the attached copy of advertisement, being
in the matter of
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advertisement; and affiant further says that he has neither paid nor promised any person, firm i ioctln , 0.4;1Qd1 ntilvetiQ vhf
or corporation any discount, rebate, commission or refund for the purpose of securing this �SIx App oMmate%!'1 1 1A f ;�;; ;+j •„
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STA B a� + Comm. No. CC 611082
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QUASI-JUDICIAL HEARING SIGN-UP SHEET
WEDNESDAY, SEPTEMBER 17, 1997
Persons who desire to make a presentation or present information or comment on an application or item must register with the
City Clerk orBoard secretaryprior to the time in the meeting at which such item is to be heard in accordance with R-97-21.
(meeting procedures)
Affeded Parties are the Applicant, City Staff and Persons Entitled to Notice Under Code or Statute A homeowners or property
owners association whose members include an a, f acted party shall be granted a„ f ected party status by the City Council/Board
provided the association has been established pursuant to Florida Law. A certificate of good standing from the Florida Secretary
of State's office and a resolution of the board of the association authorizing said representation shall be filed with the City Clerk's
of f rce prior to the entity's request to be granted of fected party status
A person who appears before the decision making body who is not an affected party may be allowed to testify before the decision
making body, may be requested to respond to questions from the decision making body but need not be sworn as a witness and is
not subject to cross-examination and is not required to qualify as an expert witness The decision making body shall assign weight
and credibility to such testimony as it deems appropriate.
97.222 F. Edward Balme - Special Use Permit - Single Family Residence in
General Marine Commercial Zoning District - Resolution No. R-97-59
Name
Address
Affected Parties: (Applicant, Staff, and Persons Subject to Notice Under the Code or Statute)
Proponent
Opponent
Informational Witness (not required to be sworn as witness)
Name
Address
Affected Parties: (Applicant, Staff, and Persons Subject to Notice Under the Code or Statute)
Proponent
Opponent
Informational Witness (not required to be sworn as witness)
t
PUBLIC HEARING NOTICE
CITY OF SEBASTIAN
INDIAN RIVER COUNTY, FLORIDA
The City Council of the City of Sebastian, Indian River County, Florida, will hold public hearings on applications
as listed below on Wednesday, September 17, 1997 at 7:00 p.m., or soon thereafter, in the City Council
Chambers, City Hall, 1225 Main Street.
The public hearings are quasi-judicial and will be conducted in accordance with the City's established rules of
procedure for quasi-judicial matters. A copy of all application documents and quasi-judicial procedures are
available in the Office of the City Clerk, 1225 Main Street, Sebastian, Florida from Monday through Friday,
between the hours of 8:00 a.m and 4:30 p.m.
1. Project Name: Bayrock Investment Center
Action: Site Plan for Proposed Convenience Store and Gas Station
Location: Chessers Gap Subdivision - Southeast Corner of Intersection of CR 512 & Fleming
Street
Size: Approximately 1.4 Acres
Legal: A portion of Section 13, Township 31 South, Range 38 East, Indian River County,
Florida.
2. Project Name: Walgreens and First National Bank Within Sebastian Lakes PUD (R) Subdivision
Action: Preliminary Development Plan for the Preliminary Plat for Four Parcels - Part of
Three Phase Commercial Project (Walgreens, First National Bank and Office
(Retail) Building
Location: Sebastian Lakes PUD - CR 512
Size: Approximately 4.41 Acres
Legal: A part of Tract C, all of Tract E, and part of Tract F, Sebastian Lakes, Unit 1, as
recorded in Plat Book 12, Page 11, Public Records of Indian River County.
3. Project Name: Walgreens Drug Store Facility Within Sebastian Lakes PUD (R) Subdivision
Action:
Site Plan
Location:
Sebastian Lakes PUD - CR 512
Size:
Approximately 1.848 Acres of the Total 4.41 Acres
Legal:
A part of Tract C, all of Tract E, and part of Tract F, Sebastian Lakes, Unit 1, as
recorded in Plat Book 12, Page 11, Public Records of Indian River County.
4. Project Name:
First National Bank Within Sebastian Lakes PUD (R) Subdivision
Action:
Site Plan
Location:
Sebastian Lakes PUD - CR 512
Size:
Approximately .927Acres of the Total 4.41 Acres
Legal:
A part of Tract C, all of Tract E, and part of Tract F, Sebastian Lakes, Unit 1, as
recorded in Plat Book 121, Page 11, Public Records of Indian River County.
5. Project Name: Spates On -Site Security Apartment
Action: Special Use Permit for an Apartment in a Warehouse for On -Site Security in
Industrial District
Location: 633 Old Dixie Highway - Lots 18, 19 & 20, Sebastian Grove Estates
Size: Approximately .65 Acres
Legal: Lots 18, 19, and 20, Block 4, Sebastian Grove Estates
6. Project Name: Balme Dwelling Unit Addition
Action: Special Use Permit for Additional Dwelling Unit on Lot Zoned General Marine
Commercial
Location: 404 Indian River Drive
Size: Approximately 1.1 Acre
Legal: The South 200.61 feet of the North 250.61 feet of Government Lot 1, Section 77
Township 31 South, Range 39 East, lying East of Old Dixie Highway (Indian River
Drive). Situate in Indian River County, Florida.
Any person who may wish to appeal any decision which may be made by the City Council at this hearing will
need to ensure that a verbatim record of the proceedings is made which record includes the testimony and
evidence upon which the appeal will be based. (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 589-5330 at least 48 hours in advance of the meeting.
By:
Kathryn M. O'Halloran, CMC/AAE
City Clerk
Publish: Press Journal
Legal Notices - Tuesday, September 2, 1997
City of Sebastian
1225 MAIN STREET 11 SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5330 0 FAX (561) 589-5570
September 19, 1997
Edward B. Balme
404 Indian River Drive
Sebastian, Florida 32958
Dear Mr. Balme:
Enclosed is a copy of Resolution No. R-97-59 that was approved at the Sebastian City Council
Meeting on September 17, 1997.
If you have any questions, please contact our office.
Sincerel
Kathryn M. O'Halloran, CMC/AAE
City Clerk
KMO:js
enclosure
-A:
MIA
RESOLUTION NO. R-97-59
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, FINDING A RESIDENTIAL USE IS NOT
DETRIMENTAL TO THE PUBLIC SAFETY, HEALTH AND
WELFARE AND IS CONSISTENT WITH THE PURPOSE AND
INTENT OF THE GENERAL MARINE COMMERCIAL ZONING
DISTRICT; GRANTING A SPECIAL USE PERMIT TO MR.
EDWARD B. BALME FOR A RESIDENCE AT 404 INDIAN RIVER
DRIVE; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR
AN t;r'r'.LCTIVE DATE.
WHEREAS, 1&. Edward B. Balme has applied for a special use permit at 404
Indian River Drive; and
WHEREAS, the Planning and Zoning Commission of the City of Sebastian has
considered this application and has found that the requested special use permit is not
detrimental to the public safety, health or welfare nor is it injurious to other properties or
improvements within the immediate vicinity and that the proposed use is consistent with
the purpose and intent of the general marine commercial zoning district and the use is
similar with the uses allowed in such a district; and
WHEREAS, the Planning and Zoning Commission of the City of Sebastian has
recommended approval of the requested special use permit,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOIRDA, as follows:
SECTION 1. FINDINGS OF FACTS: The City Council of the City of
Sebastian, after considering the evidence presented at the hearing, finds as follows:
1. The requested residence at 404 Indian River Drive is not detrimental to the
public safety, health or welfare or injurious to other properties or
improvements within the immediate vicinity; and,
2. The proposed use is consistent with the purpose and intent of the general
marine commercial zoning district and is similar in nature and compatible
with uses allowed in such a district.
SECTION 2. APPROVAL: The City of Sebastian hereby approves a
special use permit for Mr. Edward B. Balme for a residence at 404 Indian River
Drive.
SECTION 3. CONFLICTS: All Resolutions or parts thereof in conflict herewith
are, to the extent of such conflict, superseded and repealed.
SECTION 4. Lrk'hCTIVE DATE: This Resolution shall take effect
immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilmember
4 The motion was seconded by Councilmember
�71zak and, upon being put into a vote, the vote was as follows:
Mayor Walter Barnes
Vice -Mayor Richard Taracka
Councilmember Louise R. Cartwright, o
Councilmember Larry Paul Q�
Councilmember Ruth Sullivan o
The Mayor thereupon declared this Resolution duly passed and adopted this l f74(
day of o , 1997
City of Sebastian, Florida
By: )9a Mc Vo
Walter Barnes, Mayor
T: t)W.tax',-
Kathryn. . O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Valerie Settles
City Attorney
LAND DEVELOPMENT FILE CHECKLIST
(Includes documentation for approvals by Council for annexations, CLUP amendments,
rezonings, subdivisions and PUD conceptual, preliminary plat and final plat approvals,
special use permits, vacations of easement and varianrec)
Primary Name: 1�C ward ,mine,
(Subdivision, PUD or Applicant/Developer Name if Small Parcel)
Applicant or Developer
Name:
Proposed Use:
Location:
Acreage:
404 Lncb
(if applicable)
rend encs
c,,n ktver hr-
(address,
r
(address, parcel number, or metes and bounds description)
Adopting Documents: (as applicable)
*Annexation Ordinance: _ -
Date:
CLUP Map Amendment:
Date:
Rezoning/Conceptual
Date:
Special Use: /Q — Q 7 — SQ
Date:
Preliminary Plat:
Date:
*Final Plat:
Date:
*Recorded:
Date:
(Book and Page)
Location in Vault:
Comments: -
q1 -17-g7