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HOME :OF PEUd1t-b'*U"
Growth Management Department
Site Plan Approval Application - Staff Report
1. Project Name: Joseph Graham — Single Family Residence
2. Requested Action: Site plan approval for single family home.
3. Project Location
a. Address: Indian River Drive
b. Legal:
Parcel 1 & 2 Edgewater Park Subdivision.
C. Indian River County Parcel Number:
4. Project Owner:
Joe Graham
805 Indian River Drive
Sebastian, Florida 32958
(561) 589-1150
5. Project Agent:
Martha S. Kirkwood (Campbell)
6207 S. Mirror Lake Drive
Sebastian, Florida 32958
(561) 388-2177
6. Project Engineer:
Same as above
7. Project Surveyor:
Stuart Houston
9436 U.S. Highway 1
Sebastian, Florida 32958
(561) 388-8603
8. Project Description
a. Narrative of proposed action: Joseph Graham is requesting site plan
approval for a single-family residence on the east side of Indian River Drive.
Land development regulations specifically require site plan approval for all
single-family homes on the east side of Indian River Drive.
b. Current Zoning: CR
1
C.
North:
East:
South:
West:
Adjacent Properties
Zoninq
RM -8
PS
PS
CR
Current Land Use Future Land Use
Vacant/Dock
RMU
Indian River Lagoon
INS
Sebastian Yacht Club
INS
Angle Inn
RMU
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:
9. Comprehensive Plan Consistency
.1953 acres
Vacant
Immokalee
Palms
AE (Elevation 9)
Indian River County Utilities
Indian River County Utilities
River View Park —118 mile
Indian River Fire — Y2m!le
Sebastian Police — I2 mile
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:
10. Contents of Site Plan:
a. lot configuration: provided
b. finished ground floor elevation:
2
consistent
provided —12 feet (proposed)
C. contours and designating number of dwelling units: provided
d. square footage of site: provided — 8,507 SF
e. building coverage: provided — 930 SF =11 % (30% maximum)
f. square footage of paved areas and open area:
paved 1,130 SF =13%
open (required = 20%) 7,377 SF = 87%
g. setbacks: provided
Proposed Required
Front 24' 6'
Side (North) 5' 5'
(South) 5 5'
Rear 23' 10'
h. scaled drawings of the sides, front and rear of the building or
structure: provided
1. generalized floor plan indicating uses and square footage of each
proposed use within each building or structure: provided
J. Building exterior construction materials and color: provided
k. building height: provided
1. location and character of all outside facilities for waste disposal,
storage areas, or display: provided
M. location and dimensions of all curb cuts and driveways: provided
n. number of spaces with their location and dimensions: provided
o. details of off-street parking and loading areas (including
requirements of Article XV): provided
P. all off-street vehicular surfaces available for maneuvering: provided
q. surface materials: provided
r. number of employees: NIA
S. type of vehicles owned by the establishment: N/A
t. if there Is a combined off-street parking facility, required
agreements: NIA
3
U. Location of all pedestrian walks, malls, yards and open spaces:
provided
V. location, size, character, and height or orientation of all signs: NIA
W. location and character of landscaped areas and recreation areas:
provided
X. location, design and character of all public, semi-public, or private
utilities: N/A
Y. location, height and general character of perimeter or ornamental
walls, fences, landscaping: N/A
Z. surface water drainage facilities plan certified by an engineer or
architect registered In the State of Florida: N/A
aa. location of existing easements and right-of-way: provided
ab. Land survey with complete legal description prepared and certified
by a registered surveyor: provided
ac. Verified statement showing each and every Individual person having
a legal and/or equitable ownership interest In the subject property:
provided
11. Site location and character of use: provided
12. Appearance site and structures:
a. harmonious overall design: yes •- The proposed building is consistent
with the Riverfront Overlay District Regulations for architectural design
standards.
b. location and screening of mechanical equipment, utility hardware
and waste storage areas: yes
C. commercial and industrial activities conducted in enclosed
buildings: N/A
d. exterior lighting: provided
13. Access, internal circulation, off-street parking and other traffic impacts:
a. internal circulation system design and access/egress
considerations: provided
b. separation of vehicular and pedestrian areas: provided
14. Traffic Impacts: provided
4
15. Open space and landscape (including the requirements of Article XIV):
a. Name, address and phone number of the owner and designer:
provided
b. North arrow, scale and date, minimum scale of one Inch equals fifty
{54} feet: provided
C. Property lines, easements, and right-of-way with internal and property
line dimensions: provided
d. Location of existing or proposed utility service: provided
e. Location and size of any existing or proposed structures: provided
f. Location and size of any existing or proposed site features, such as
earthen mounds, swales, walls and water areas: provided
g. Location and size of any existing or proposed vehicular use area:
provided
h. Location and size of any existing or proposed sidewalks, curbs, and
wheel stops: provided
1. Location of sprinkler heads, hose bibs, or quick cupplers and other
information on Irrigation: provided
j. Calculations of required type, dimensions and square footage of
landscape materials and of required landscape areas, including: total
site area, parking area, other vehicular use area, percentage of non-
vehicular open space, perimeter and Interior landscape strips, and
required number of trees: provided
Five (5) total trees required, of which palms shall not constitute more than
thirty-five (35) percent of the total required and shall have a minimum of six
feet of clear wood.
k. Location of required landscape areas and dimensions: provided
1. Location, name, height and size of all existing plant material to be
retained: provided
M. Location, size, height and description of all landscape material
including name, quantity, quality, spacing, and specified size and
specification of all plant materials: provided
n. Height, width, type, material and location of all barriers of nonliving
material: provided
o. Location, dimensions and area of landscaping for freestanding signs:
provided
k,
p- Show all landscaping, buildings, or other improvements on adjacent
property within five (5) feet of the common property line:
provided
16. Required screening of abutting residential and nonresidential uses: N/A
17. Flood prone land and wetland preservation: provided
18: Surface water management: provided
19: Available potable water: Indian River County Utilities
20: Wastewater service: Indian River County Utilities
21: Soil erosion, sedimentation control and estuary protection: provided
22: Additional considerations:
23. City Engineer's review:
24 Analysis: Joseph Graham is requesting site plan approval for a single-family
residence on the east side of Indian River Drive. Land development regulations
specifically require site plan approval for all single-family homes on the east side
of Indian River Drive.
25 Conclusion: The proposed single-family residence is consistent with all
regulations as established by the Comprehensive Plan, Land Development Code
and Code of Ordinances.
26. Recommendation: The proposed single-family residence is hereby approved,
subject to compliance with standard building permit requirements, and the
following condition:
1 Five (5) total trees required, of which palms shall not constitute more than
thirty-five (35) percent of the total required and shall have a minimum of
six feet of clear wood.
Z2L
PREP RED BY DATi
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PER LEGAL DESC
RIPTION
h : • '
CORNERSEAWALL
AQ. - ,.rA ` : •;0.451 5 S 0.331E
rRON Roo moi_` _,.�+r1�W" PROPOSED 3' DIAMETER WET WEU
(SIMPLEX PUMP STATION)
SEBASTIAN
ZONING
Legal Description:
PARCEL 4
A PARCEL OF LAND LYING IN
DESCRIBED AS FOLLOWS: FROP
SECTION b RUN EAST ALONG •
NownlikLT14E PLAT f �E ATER AR
ALGNG THESouT�•I RI.
SHORE OF TETE I &AN RIVER A
DISTANCE OF 40.48 FEET •PO T
RIGHT OF WAY OF INDIAN RIVE
SOUTH RIGHT OF WAY OF CLEb
AND PARCEL Ili
A PARCEL OF SUBMERGED LAN
FLORIDA MORE PARTICULARLY
SanNO ST ONE-QUARTER OF:
FD IRON ROD - OF U.S. HIGHWAY No. 1 TFIENCF
CLEVELAND STREET; XS .3 Veo
FLORIDA REGORDgi THENCE Rtil
OF 7q5,84 IF TO THE WEST-.
NORTHERLY DIRECTION A DIST/
N70.0'004E A DISTANCE OF IqO
FEET TO THE SEBASTIAN YACH
OF IW.00 FEET Td TETE POINT ,
PARCEL I AND II SUBJECT TO.' '
'FOR INGRESS AND EGRESS TO
THE CITY OF SEBASTIAN WINCH
2.00 FOOT OF THE EASEMENT A
SAID PARCEL I CONTAINS 0.0186
SAID PARCEL 11 CONTAIMq a r1w
ONING _ CR
1
S
_ CR
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1/4 tin
PER
Send t Abbreviations: (spbols not eca leable for size)
PROFESSIONAL LAND SURVEYOR
F•
- GUI- WIRE
PROFESSIONAL SURVEYOR t MAPPER
LAND SURVEYING BUSINE55 ®
- WOOD UTILITY POLE
CENTERLINE
®
- TELEPHONE SERVICE
RIGHT OF WAY.
COMMERCIAL RIVERFRONT
®
- CABLE T.V. BOX
_
BOX
LEGAL DESCRIPTION
- LIGHT POST
_ LI
WELL
MEASURED
FINISH FLOOR
C4
DRA q
FOUND
EDGE OF PAVEMENT
- GHYDRANT
VE
- WATER METER
-
MEAN HIGH WATER LINE
'
SANITARY MANHOLE
- SANITARY SERVICE
ELEVATION
SQUARE FEET
®
®
- SEPTIC TANK
=
POINT OF BEGINNING
SURFACE INLET
POINT OF COMMENCEMENT
CONC 32TUAL DRAINAGE
IRON PIPE (IP)
- STREET SIGN
IRON ROD 4 CAP (IRC)
x 5.18
- EXISTING ELEVATION
SEBASTIAN
ZONING
Legal Description:
PARCEL 4
A PARCEL OF LAND LYING IN
DESCRIBED AS FOLLOWS: FROP
SECTION b RUN EAST ALONG •
NownlikLT14E PLAT f �E ATER AR
ALGNG THESouT�•I RI.
SHORE OF TETE I &AN RIVER A
DISTANCE OF 40.48 FEET •PO T
RIGHT OF WAY OF INDIAN RIVE
SOUTH RIGHT OF WAY OF CLEb
AND PARCEL Ili
A PARCEL OF SUBMERGED LAN
FLORIDA MORE PARTICULARLY
SanNO ST ONE-QUARTER OF:
FD IRON ROD - OF U.S. HIGHWAY No. 1 TFIENCF
CLEVELAND STREET; XS .3 Veo
FLORIDA REGORDgi THENCE Rtil
OF 7q5,84 IF TO THE WEST-.
NORTHERLY DIRECTION A DIST/
N70.0'004E A DISTANCE OF IqO
FEET TO THE SEBASTIAN YACH
OF IW.00 FEET Td TETE POINT ,
PARCEL I AND II SUBJECT TO.' '
'FOR INGRESS AND EGRESS TO
THE CITY OF SEBASTIAN WINCH
2.00 FOOT OF THE EASEMENT A
SAID PARCEL I CONTAINS 0.0186
SAID PARCEL 11 CONTAIMq a r1w
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PR ED y, y • y \Y�' �n
PROPOSED
FFO MON 1 ' �
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FD IRON D � I �� MIN* O.OS'e IW,. P. \
P y Z°� P 2I �IPOSED y y yy ♦ y\ /'
•
as, RE �d" RESIDENCE(
'exlsrlNa�s� oyI�ea?+•:. F.F. ELEV
PA r a o ro-P. 13.50' NVDP �+HW.
r s E y
PARC
N.
'iv`b I s s ,mss
FD IRON
\ (n \Hp o.a'w 4 D.P.O.B. OF PARCEL I AND II
PER LEGAL DESCRIPTION
/y\
CORNER SEAWALL
' NiP � p � 0.48' S k 0.33'E
Opr
�p.PPWAER PROPOSED 3' DIAMETER WET WELL
L \ m (SIMPLEX PUMP STATION)
THIS 15 NOT A BOUNDARY SURVEY -
THIS IS AN ENLARGEMENT OF A PORTION
OF THE ATTACHED BOUNDARY SURVEY
\ \ AND 15 ONLY FOR EASE OF VIEWING. IT
MUST BE USED IN CONJUNCTION WITH
THE_W1 6k�EDABOUA DARY SURVEY.
ENGINEERING DEPARTMENT
\ RAINAGE PLAN APPROVED
........ _ SHEET 2 OF 200,
GPAPHIG SCALE 1" Surveyors
< 6RLB 00 TNG.
Lard Surveyors (LB 6905)
® ® q I Sebastian,
U.S. Floridaghway I
unni�iudun:a��liai Sebastionl F
( IN FEET ) 32958
North I Inch = 20 Ft. TEL: (772) 3BB-8603
PLAT OF SURVEY FOR: JOSEPH GRAHAM
TYPE: SKETCH OF INFORMATION ONLY - NOT A BOUNDARY SURVEY
PROD. NO. OI-IWR DATE: 2/Iq/02
DWN. BY: 5.A.H. F.B. PG.
CKD. BY: SCALE: I"=20'
THIS PLAT AND REPORT ARE Nor VALID WITHaUT THE SIGNATURE AND TME ORIGINAL RAISED
SEAL OF WE FLORIDA REGISTERED SURVEYOR AND NAPPER NAMED HEREON MIC14 SIGNATURE
AND SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT.
THE PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE ANOTHER, @)W— 4
r
fetot co► z % tj
(D r 37
HOME OF PELICAN ISLAND
1225 Main Street z Sebastian, Florida 32958
Telephone: (561) 589-5537 ■ Fax: (561) 589-2566
E-mail: city@cityofsebastion.org
APPLICATION FOR BUILDING PERMITS
Complete All Items In Sections 1, 111 111, IV, V
u
s
I. LEGAL DESCRIPTION: LOT BLOCK SUBDIVISION: 00 i _ UNIT
CONSTRUCTION ADDRESS:
INDIAN RIVER COUNTY TAX PARCEL #:' – – _Wood G"140 0.6046k
��. CONTRACTOR: ����l PHONE:is
ADDRESS: '�r7NJ> '4.'v RIVOLP12.4 V CITY: io
STATEf " � ZIP:-�2-5�1103P STATE or SEBASTIAN REGISTRATION #
III. OWNER OF PROPERTY:
ADDRESS:Q7rAQ)��
DAYTIME PHONE NUMBER:
IV. TYPE OF WORK NEW ✓ ADD./ALT.
RESIDENTIAL: � COMMERCIAL:
Ir
CITY.4174-A / STATE: �.
zia: 3LSg�
REPAIR DEMOLITION
MULTI -FAMILY:
DESCRIPTION OF WORK:kk�_%j
.................:........................................................................................
PUBLIC SEWER YES LNO PUBLIC WATER: YES......
NO
—
TOTAL SQ. FT. % = Conditioned: _Z2_00 + Non -Conditioned:
POOL GALLONS:
V. TOILETS 2 -
WELL
ESTIMATED FAIR MARKET VALUE: $ .7 00tq
r
BATH TUBS TUB/SHOWER 2 SHOWER
LAVATORIES DISPOSAL
KITCHEN SINK
WATER HEATER
WASHING MACHINE HOOK UP -t— LAUNDRYTUBJ— HOSE BIBS, DISHWASHER �
..................................................................................................................
SERVICE AMPS J6"0 TEMP. SERVICE _ OUTLETS /SWITCHES _
A/C TONAGE 2 HEAT STRIP _
APPLICANT MUST COMPLETE PAGE TWO AND SIGN PAGE -THREE' '
Building Permit Application page 1 of 6
APPLICATION IS HEREBY MADE TO OBTAIN A PERMIT TO DO THE WORK AND INSTALLATIONS AS
INDICATED. I CERTIFY THAT NO WORK OR INSTALLATION HAS COMMENCED PRIOR TO THE ISSUANCE OF
A PERMIT, AND THAT ALL WORK WILL BE PERFORMED TO MEET THE STANDARDS- OF ALL LAWS
REGULATING CONSTRUCTION, INSURANCE, AND WORKMAN'S COMPENSATION. I UNDERSTAND THAT A
SEPARATE SUB -PERMIT MUST BE OBTAINED FOR ELECTRICAL, PLUMBING, MECHANICAL, POOLS, ETC.
PROPERTIES SHALL BE KEPT CLEAN OF LITTER AND ALL STREETS, SIDEWALKS, AND CURBS DAMAGED
DUE TO THIS CONSTRUCTION SHALL BE REPAIRED TO THE SATISFACTION OF THE CITY ENGINEER PRIOR
TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY.
OWNER'S AFFIDAVIT: I CERTIFY THAT ALL THE FOREGOING INFORMATION IS ACCURATE AND THAT ALL
WORK WILL BE DONE IN COMPLIANCE WITH ALL APPLICABLE LAWS REGULATING CONSTRUCTION AND
ZONING..
"WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN
YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.*" OF YOU INTEND TO OBTAIN
FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF
COMMENCEM ). A N.O. REQUIRED FOR ALL JOBS VALUED AT $2,500 OR MORE.
SI A U � OF WNER OR AGENT S NA�?URJONTRACTOR
DATE: 3 / OT DATE:7-
NOTARYAS TO OWNER OR AGENT NOTARY AS TO CONTRACTOR
MY COMMISSION EXPIRES:
Notary Seal:
yGeraldine Frances Kubes
MY Commission DD958637
__ Expires October 2Q, 2008
MY COMMISSION EXPIRES:
Notary Seal:
YGlne Frances Kum
MY Commission DD15 -
--;, EV1Ms October 26, 2ppg
DO NOT WRITEBELOW THIS LINE - OFFICE U NLY
BUILDING PERMIT #. ,� � ` r ZONINGav raz #
APPLICATION RECEIVED BY: � DATE: �--f �% � �P YMENT:fjt,�
n llvl/
ZONING REVIEWED BY: PLANS REVIEWED BY:y �.7 � SSUANCE BY:
COMMENTS: GA -a-,
PLANS REVIEW FEES
BUILDING PERMIT
PLUMBING PERMIT
ELECTRICAL PERMIT
MECHANICAL PERMIT
RADON (STATE)
REC. IMPACT FEES
TOTAL FEES
Building Permit Application page 3 of 6
U
0q,100.0- 1-1
ROOTE LIST: Applicant
Address �S(J �� j Lot Block Gnit
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7TT::TTR R �T.TT TT.T T,TT TTT T T.TT T.. :TTTTT 7:r T T TTTTT.7.; ,TT � TT TTTT TTT„, �� •�•
Received:. Date Time Approved
-for
Comments : � r � �''�'�-� Pam
iermit
t -
B'1 Released Date Time
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rt't TT71RR:f TTTT TT.T:Tt 7T7TRTTT7TT.T7r T.TttTff rt TTTTT.TTT TT.TTTT TTT.T.. .. T
Contractor Licensinq: Review Date � � (, Time
Comments: A,,
V
8 Released Date Time
• L' !L J :f L u 1 1 L t :f. a_ :L a Z :L t IL 1 a 1 :L :L :L IL :L :L 1 L L :L Y 1 M a K M, L.
Zoninq :% Review 'D -';Me .3-/16_4
/ Time
Comments: f
-�
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By Relleased Date Time
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Plan Re7iew: Review Date Time
Comments:
By Released Date " Time
aJ.J.:L J. ti •• :11.:t:LaJ.1.s2 •' a:itl.:L tt:La :t1 el SS1:La :L :t 1:L :L:Ra 1. s 2 •• � a 1:L :L :L
:TT.TT T TTTT TTTT T TTTT.Ti:rt T.Tir TTfi�lr TT •TTTT T.7irTTTT7 TT TTT TTTTTT TTT -•-..
Permit Issuance: Review Date coo d Time ��nn
r`t
Comments:
Released Date Time
11 11 _:L :La 1'Sa _,. :S :1 :L:�:i+ _.. 11 j;l• •. .. 1. a ---a.. 1-si 1-_ --_J,J.a •• .• - _�
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OPEN`
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DECK
L 1'-5 1 /2"
62'-
0" 4" ` 3'-6 1/28,-a" 10 I S•Hk
,
I
- EXTERIOR WALLS ( L
ARE SHOWN I
9" THICK. I I
I
KITCHEN
i o ®®
N a GREAT I i Z=
SPE I
BECK 4 ROOM I ®®
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I � I
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a REFR. I 1
I I AHU - - - -
i7 iv 14'-5"
f R NOTE 6.
•---•
14'-1"
'-7 1 2T I I "
12 ~� NOTE 6.
OALL INT WALLS ARE 3-1/20
STUD UNLESS NOTED.
HB I 10-91/2co
a BEDROOM Q TO
_ -T
1 #1, 7 6rt
R �,
10'-9' 4'-3"
. TO CODE I-` 4'-3 1/2" �---
o W -
II 1'-0" - ur 1
❑
7'-0" I
4'-10" I 25'-2"
1 ST FLOOR PLAN
1/47-- l' -O
NOTE:
1. WINDOW. DOOR. AND FINISH SELECTION
BY OWNER. `
2. ALL WINDOWS AND DOORS SHALL. BE ° FLOOR AREA SUMMARY
1 IMPACT RESISTANT.
(p 3. WINDOW SIZES SHALL BE
j APPROXIMATELY AS SHOWN HEREIN. AIR CONDITIONED AREA
4. MIN OF (4) 2X4 STUDS IN WALL TO 1ST FLOOR 930 SQ. Ff.
SUPPORT 8204 ABOVE. 2ND FLOOR 496 SO. FT.
5. MIN OF (3) 2X4 STUDS IN WALL TO 'YOTAL A/C AREA 1426 SO. FT.
SUPPORT 8203 ABOVE. NON AIR CONDITIONED AREA '
6. UPLIFT RESTRAINT FOR BEAMS 8203 GARAGE 705 S0. FT.
AND 8204 SHALL BE:
SIMPSON PHD2-SDS3 ON "BEAM: • _ , _ ENTRY 104 50. FT.
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w e st- e1 C' 0 a. � o�
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E
ELAND DELINTERED
April -1.0, 2007
Rebecca Grohall
Growth Management Director
City of Sebastian
1225 Main Street
Sebastian, FL 32958
er
3r� s6,9?
COA v
�ZIt Za /
RE: Letter of Obiection, Construction East End of Cleveland Street, Sebastian
Dear Ms. Grohall:
The Board of Directors of the River Oaks Town Homes is officially stating their .
objection to the structure being built at the east end of Cleveland Street and Indian River
Drive. This objection is to the non-compliance of the building set -back regulations.
Attached are several photographs which clearly show that the balconies and roof over-
hang do not meet the City of Sebastian Building Code regulations for set -backs from fine
property line. The Board of Directors is requesting a written explanation from the City as
to the course of action the City of Sebastian will take in order to remedy this non-
compliance situation.
If you require any additional information, please contact Mr. Jim Domineau (772-913-
3070). The Board of Directors of the River Oaks Town Homes looks forward to the
City's explanation as to the property remedy.
Board of Directors of River Oaks Town Homes
732 Cleveland Street
Sebastian, FL _-;.00
Enclosures
Copy to: City�Manager
City Attorney
2005/09/19-1
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BY OWNER.
2. ALL WINDOWS AND DOORS SHALL BE
IMPACT RESISTANT. FLOOR AREA SUMMARY
1p 3. WINDOW SIZES SHALL BE ;
APPROXIMATELY AS SHOWN HEREIN. AIR CONDITIONED AREA
4. MIN OF (4) 2X4 STUDS IN WALL TO 1ST FLOOR 934 SQ. Fr.
SUPPORT 8204 ABOVE. 2ND FLOOR 496 SO. FT.
5. MIN OF (3) 2X4 STUDS IN WALL TO TOTAL A/C AgA 1426 SO. FT.
SUPPORT B203 ABOVE.
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4I I
MLY Permit Application No.
5�11," City of Sebastian
HOME OF PEI KANISIAND Development Order Application
Applicant (If not owner, written authorization (notarized) from owner is required)
Name: CA d< L I I
Address: 5 o ` ga_� V /e...- � ��'i R Zat4 Le ('-4" 1 `e , ) F L,
Phone Number. FAX Number. -
) z� � � (� � 5t07 - Zoo
E -Mail:
Owner (If different from applicant)
Name:
Address:
Phone Number: ( ) - FAX Number:
E -Mail:
Title of permit or action requested:
SPP l j.�_tfir- l/�.('Iql c -e
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.
A. Project Name (if applicable):
B. Site Information
Address: �,
S50 _-9n dtc ah i{ 'ver b ri` rhe- S �_.6C 5
Lot: Block: Unit: Subdivision: "
Indian River County Parcel #: 3 i '-3qc)& 0000 o0 � d C) ad o
Zoning Classification: Future Land Use:
Existing Use:
Proposed Use:
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessarv):
DATE RECEIVED: '7/N/07 FEE PAID: $ 3,5D - 00 RECEIVED BY: IL
" 1z(01
D. Project Personnel:
Agent:
Name: -�
Address /
Phone Number: ) - FAX Number:
E -Mail:
Attorney:
Name:
Address
Phone Number: ( ) -
Permit Application No.
FAX Number: ( } -
E -Mail:
Engineer:
Name:
Address 3c) � �`� • A *r"i
Phone Number. ( } - C, FAX Number:
E -Mail:
Surveyor:
Name:
Address
Phone Number: ( ) - FAX Number: ( ) -
E -Mail:
BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER I
AM 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 AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
AC► AND E TO BEST OF Y NO DGE AND BELIEF.
SIGNATURE DATE
SWORN TO AND SUBSCRIBED BEFORE _
WHO IS PERSONALLY KN �D,M OR PRO UC
AS IDENTIFICATION, THIS R ,
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
ti
COMMISSION NO./EXPIRATION da M. LOhsl
Ste-= * Commission # DD555905
Expires June 18, 2010 -t
OF P•� Bonded Troy FtG�f • k�rBNle, YSR �iOifOt1
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/VVE, 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
BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY/OUR PENDING APPLICATION.
(/VILE 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 WPYER AND CON ENT IS BEING SIGNED BY ME/WS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PRO E, BY EMP E, AGENT CON CTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
SIGNATURE,E
Sworn to and subscribed before
who is personally kn or
as identification, thio da
Notary's Signa re
Printed Name of
Commission No./Expiration
Seal:
,nda M. Loh91
* Commission # DD555905 -
J, Expires June 18, 2010
OF Aw Boned my l�pi�►• kfwtQnoo, asa a0"*7M9
-4
Permit Application No.
MCI
HOME OF PEU MI KIMdD
Supplemental Information
Application to the Board of Adjustment
1. This application is for check one): /Variance(s) appeal(s)
PP ( )
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):
3. Legal description of the property involved:
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.
cm or
SIEB'STMN
iii
HOME OF PWCAN ISIJNND
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ■ FAX(772)388-8248
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,
SEPTEMBER 12, 2007, AT 5:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT
1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM
SECTION 54-2-5.4.(d).(5) OF THE SEBASTIAN LAND DEVELOPMENT CODE.
CHUCK BRADFORD, IN REGARDS TO A RESIDENCE LOCATED AT 850
INDIAN RIVER DRIVE, IS REQUESTING A VARIANCE TO ALLOW A
STRUCTURE TO BE 1.12 FEET FROM THE NORTH PROPERTY LINE AND 1.18
FEET FROM THE SOUTH PROPERTY LINE, WHEREAS THE CODE REQUIRES
SUCH STRUCTURE TO BE A MIND" OF 10 FEET FROM THE NORTH
PROPERTY LINE AND 5 FEET FROM THE SOUTH PROPERTY LINE.
ANDREA COY, 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 August 29, 2007
HAND DELIVERED
September 7, 2007
Andrea Coy, Chairman
Board Of Adjustment
City Of Sebastian
1225 Main Street
Sebastian, Florida 32958
Public Notice Response: Variance Request For 850 Indian River Drive, Sebastian,
Florida, Mr. Chuck Bradford, from Section 54-2.4.(d).(5)
of the Sebastian Land Development Code.
Dear Chairman:
The Board of Directors of the River Oaks Town Homes are officially notifying the City
Of Sebastian that there exists a property line dispute between the owners of 732
Cleveland Street and 850 Indian River Drive (see attached certified survey). The Board
of Directors of The River Oaks Town Homes is taking "NO Position" on the requested
variance. By taking "NO Position" on this variance, we are not conceding any aspect of
ownership of the disputed property.
Board of Directors of River Oaks Town Homes.
732 Cleveland Street
Sebastian, Florida
Enclosures
Copy To: City Manager
City Attorney
September 7, 2007
Andrea Coy,, Chairman
Board Of Adjustment
City Of Sebastian
1225 Main Street
Sebastian, Florida 32958
Public Notice Resvonse-* Variance Request For 850 Indian River Drive, Sebastian,
Florida, W Chuck Bradford, from Section 54-2.4.(d).(5)
of the Sebastian Land Development Code.
Dear
The Board of Directors of the River Oaks Town Homes are officially notifying the City
Of Sebastian that there exists a property line dispute between the owners of 732
Cleveland Street and 850 Indian River Drive (see attached certified survey). The Board
of Directors of The River Oaks Town Homes is taking "NO Position!' on the requested
-variance. By taking `ATO Position!' on this variance, we are not conceding any aspect of
ownership of the disputed property.
Board of Directors of River Oaks Town Homes.
732 Cleveland Street
Sebastian, Florida
Enclosures
Copy To: City Manager
City Attorney
09/19/2007 12:20 772-589-9070 TRENDSETTERS CONT. PAGE 02/02
Trendsetters Construction, Inc.
725 J Commerce Center Dr.
Sebastian, FL 32958
(772)589-9229
Name I Address
Chuck Bradford
860 Indian River Drive
Setwsljan. Florida 32958
Description
This estimate Is in regard to the removal of the North facing balcony
& the East facing 4' wide
a4ansion of the North facing balcony.
Engineering
Drafting
Remove existing roof at balcony to Include all cedar rafters, beams,
posts, etc.
Remove, replace. and modify raise
Concrete cut and removal of concrete balcony landings and supports
Stucco repair and COW&*
Re -build overhang roof labor and materials to tie into existing rear
parch balcony and root.
Includea 911 cedar, posts, beams, MMM M,
Remove and replace siding labor and materials to match existing
elevations
Re -paint areas ~ad by alterations to match existing finishes
Cow Cost Balmy deck of
Dumpster and fees
Casual Labor
Clean-up
Equipment Rental
Contractor Fees
20
Rate
Total
Estimate
Date Estimate #
9/19/2007 254
Project
Total
500.00
60o.00
1.000.00
11000-00
2,800.00
2,$00.00
3,100.00
3,100.00
3,000-00
3,000.00
I'8o0.00
1,800.00
8,200.00
8,200.00
2.800.00 2.800.00
2,1130.00
2,100.00
900.130
900.00
600.00
6M.00
1,800.00
1,800.00
800.00
600-00
1.5801.00
1,600.00
9.780-00
9,780.00
$40,380.00
L `I
LAW OFFICES
STEVEN LULICH, P.A.
P.O. BOX 781390
SEBASTIAN, FL 32978-1390
(772)589-5500
FAX: (772) 589-8800
September 19, 2007
STEVEN LULICH
Attorney & Consultant
RE: 850 Indian River DriveNariance
Dear Members of the City Council,
steve@lulich.com
www.lulich.com
I represent Chuck Bradford. He purchased the above premises from Joseph Graham.
As you might be aware, the owner is ready to obtain a certificate of occupancy. He, at
the request of the City has applied for a variance.
In good faith, both Joe Graham and his successor Chuck Bradford, not knowing the fine
points of site plans and engineered drawings, relied upon a building permit issued by the
city of Sebastian.
The home was built in accordance with the plans that were submitted. The plans clearly
showed a balcony outside of the foundation footprint. See Page S-2 of plans provided by
the City. (Also attached).
The Building Department and the Planning and Zoning Department received and
approved the plans. Find attached route list and application page 3 showing said
approvals.
My client substantially relied upon the issuance of the permit. If he were to change the
design and remove the balcony it would cost him $40,380.00. Find attached estimate.
Please note the attached Memorandum of Law. In similar cases the cities involved were
estopped from making the owner make changes to a building that was constructed
pursuant to a valid permit. In the alternative, the City can' choose to pay for the changes
to the plans they are requesting.
We request that you allow my client to obtain a certificate of occupancy upon final
inspection approvals and that the restriction placed upon the building department by the
plans (Growth Management) department be lifted.
We hope this matter can be resolved now so that my client and the City will not have to
spend more time or money.
Sincerely,
STEVEN LULICH, ESQ.
SL/mw
Cm or
SEIBASTIM
HOME OF PEUCAN ISLAND
Growth Management Department
Variance Application - Staff Report
1. Project Name: Bradford Residence at 850 Indian River Drive
2. Requested Action: Variance requested from Section 54-2-5.4.(d).(5) to allow a
structure to be 1.12 feet from the north (side) property line and 1.18 feet from the
south (side) property line, whereas the code requires such structure to be a
minimum of 10 feet from the north (side) property line and 5 feet from the south
(side) property line.
3. Project Location
a. Address: 850 Indian River Drive
b. Legal: Metes and bounds
(see survey attached)
C. Parcel ID: 31-39-06-00000-0060-00006.0
4. Project Owner: Chuck Bradford
Pelican Cover Sebastian, Inc.
5201 Bayview Drive
Fort Lauderdale, FL 33308
5. Project Agent: Trendsetters Construction, Inc.
725 J Commerce Center Drive
Sebastian, FL 32958
6. Project Engineer: Goldsmith Engineering, Inc.
17212 130' Avenue
North Jupiter, FL 33478
Martha S. Kirkland (Campbell)
6207 S. Mirror Lake Drive
Sebastian, FL 32958
7. Project Surveyor: Stuart Houston
Houston, Schulke, Bittle & Stoddard, Inc.
1717 Indian River Blvd, Suite 202C
Vero Beach, FL 32960
8. Project Description:
a. Narrative of proposed action: Mr. Chuck Bradford has purchased the
property at 850 Indian River Drive. The residence on the property is
nearly complete, but has not been issued a certificate of occupancy
because of side yard encroachments. He has asked for a variance to allow
the structure to be 1.12 feet from the north property line instead of the
required 10 feet, and 1.18 feet from the south property line, instead of the
required 5 feet.
b. Current Zoning:
CR (Commercial Riverfront)
C. Adjacent Properties:
Zoning
Current Land
Future Land
Use
Use
North:
RM -8
River Oaks
RMU
Townhouses
East:
C
Indian River
C
South:
PS
Yacht Club
INS
West:
CR
Cleveland Street
RMU
d. Site Characteristics
(1) Total Acreage: .1953 acres
(2) Current Land Use(s): single family residence
(under construction)
(3) Water Service: public water
(4) Sanitary Sewer Service: public sewer
8. Staff Comments:
In January of 2002, Joseph Graham applied for site plan approval to construct a
residence on his property at 850 Indian River Drive. Land development
regulations specifically require site plan approval for all single-family homes on
the east side of Indian River Drive. On February 26, 2002, Tracy Hass, Director
of Growth Management, administratively approved the site plan. During
construction of the project, the property was sold to Mr. Bradford.
2
The original staff report is attached for your review, as well as a portion of the site
plan showing the proposed residence, the proposed west elevation and the first
and second floor layouts.
In the CR district, the side yard requirement is stated as follows:
"Side yard: 5 feet, except 10 feet when abutting a residential
district or use."
Setbacks are established to provide a visual separation between properties. The
greater setback of 10 feet is to provide additional protection for residential uses.
The side setback noted in the original staff report is incorrectly stated for the north
side as, "5 feet required". Tlu's should have been 10 feet because the property to
the north is zoned RM -8, which is a residential district.
When application was made for the building permits, the construction plans
submitted were different from those approved by the Growth Management
Department. Attached are copies of those plans. The site layout submitted for the
building permit was still the same as that submitted for the zoning review. The
building permit plans show an entirely different floor plan and also includes
elevated decks that extend beyond the building footprint into the side setbacks.
Those decks were not shown on the proposed site layout depicted on the survey.
As a result, the Building Department staff did not see the encroachment and
permits were issued.
The property owner to the north filed a formal complaint regarding the setback of
this structure. Staff reviewed the files and advised Mr. Bradford, Mr. Graham and
the Building Director of the encroachment. As a result, no certificate of
occupancy has been issued and Mr. Bradford has applied for this variance.
9. 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 find the following:
a. Existence of special conditions or circumstances.
b. Conditions not created by applicant.
C. Special privileges not conferred.
d. Hardship conditions exist.
e. Only the minimum variance granted.
f. Not injurious to public welfare or intent of ordinance.
g. Conditions and safeguards may be imposed.
h. Time limit may be imposed.
i. No use variance permitted in specified instances.
Please reference Section 54-1-2.5 of the Land Development Code for further
explanation and clarification of the conditions as set forth above.
10. Conclusion:
Staff made an error when approval was given for a 5 -foot setback along the north
property line. Also, the original owner submitted plans to the Building
Department different from those approved by Growth Management. The decks
on the revised plans further encroach into the north and south 5 -foot setback area.
The decks could be removed. However, there are doors, stairways, and
mechanical equipment which would be affected by such an action.
11. Options and Recommendations:
Following are several options to consider:
a. Deny the variance request. The owner would then be required to remove
all deck encroachments as well as that portion of the structure that
encroaches into the north 10 -foot setback.
b. Approve a variance to establish the north property setback at 5 feet, and
require the removal of all deck encroachments into both the north and
south side yards.
C. Approve the variance as requested.
Staff recommends, at the least, a variance be granted to reduce the north setback
to 5 feet, because of the original staff error. However, staff also recognizes the
huge impact removal of the decks would have on this structure and asks the Board
to consider that as well.
4
12. Commission Action:
Hold quasi-judicial hearing to consider the request for variance.
Prepe by Jan Kin
3
Gro Management Department
.01
7--7-0-7
Date
Memorandum of Law
The doctrine of equitable estoppel has long been recognized by the Courts in Florida and
may be invoked where a landowner has in good faith made a substantial change in
position in reliance upon the issuance of a permit.
This doctrine has frequently been applied to municipalities in regard to the permitting
process. In the case of Hollvwood Beach Hotel Co. v. Citv of Hollvwood. 329 So.2d 10
(Fla. 1976), the Supreme Court held that the doctrine of equitable estoppel would prohibit
a municipality from revoking a building permit where the property owner, in good faith,
has substantially relied upon the permit.
The doctrine is specifically applicable under the facts involved in the permitting and
construction of the residence located at 850 Indian River Drive, Sebastian being
constructed by Joseph Graham. pursuant to a permit issued by the City of Sebastian upon
the application of Joseph Graham, the land owner currently owned by Chuck Bradford.
In this instance a full set of plans was submitted to the city including the elevations which
showed a second story balcony on the north side of the building. The plans submitted
were approved by the city and a permit based on the plans submitted was issued for the
construction of the building. At the present time the improvements are substantially
completed in accordance with the approved plans.
At this juncture the city has raised an objection that the balcony extends into the
easement and has now required that the property owner apply for a variance in order to
allow the construction as it presently is configured. In this case the permitted property
owner has performed work and expended money under the permit which constitutes
substantial reliance and a substantial change of position. As a result, the city is equitably
estopped from altering or requiring the property owner to change the in place building
improvements. See Dade Countv v. Bengers Associates. Inc., 257 So.2d 291 (Fla. Dist.
Ct. App. 3rd Dist. 1972).
In a case remarkably similar to the instant situation the building inspector issued a permit
authorizing a structure within the 15 foot setback and the builder in reliance upon the
permit constructed a building within the set back. The Court ruled that the city was
prohibited by the doctrine of equitable estoppel from canceling the permit to the builders
prejudice. Alderman v. Stevens, 189 So.2d 168 (Fla. Dist. Ct. App. 2"d Dist. 1966).
The issuance of a building permit is the most common government act used by the Courts
to justify the application of equitable estoppel. In the case of Texas Co. v. Town of
Miami SDrines, 44 So.2d 808 (Fla. 1950) the Court noted the owners justifiable reliance
and change of position and stated that the issuance of the permit represented official
permission to proceed.
In short, the doctrine of equitable estoppel is applicable against a local government when
a property owner (1) relied in good faith (2) on an act of the government, (3) to make a
substantial change in position or incur extensive obligations and expenses so that it would
be highly unjust and inequitable to destroy the right acquired. See Hollvwood Beach
Hotel Co. v. Citv of Hollywood, supra.
In the present instance the property owner relied in good faith on the issuance of the
permit issued by the City of Sebastian to construct his building in accordance with the
permit and incurred substantial expenses in undertaking the construction and therefore
the City should allow the completion of the structure as authorized and should be
estopped from requiring any alteration to the north side balcony.
Dated:
Respectfully Submitted
Steven' Lulich, ESQ.
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CITY OF
I,OME OF PELICAN ISLAND
Growth Management Department
Variance Application - Staff Report
1. Project Name: Bradford Residence at 850 Indian River Drive
2. Requested Action: Variance requested from Section 54-2-5.4.(d).(5) to allow a
structure to be 1.12 feet from the north (side) property line and 1.18 feet from the
south (side) property line, whereas the code requires such structure to be a
minimum of 10 feet from the north (side) property line and 5 feet from the south
(side) property line.
3. Project Location
a. Address: 850 Indian River Drive
b. Legal: Metes and bounds
(see survey attached)
C. Parcel ID: 31-39-06-00000-0060-00006.0
4. Project owner: Chuck Bradford
Pelican Cover Sebastian, Inc.
5201 Bayview Drive
Fort Lauderdale, FL 33308
5. Project Agent: Trendsetters Construction, Inc.
725 J Commerce Center Drive
Sebastian, FL 32958
6. Project Engineer: Goldsmith Engineering, Inc.
17212 130th Avenue
North Jupiter, FL 33478
Martha S. Kirkland (Campbell)
6207 S. Mirror Lake Drive
Sebastian, FL 32958
7. Project Surveyor: Stuart Houston
Houston, Schulke, Bittle & Stoddard, Inc.
1717 Indian River Blvd, Suite 202C
Vero Beach, FL 32960
8. Project Description:
a. Narrative of proposed action: Mr. Chuck Bradford has purchased the
property at 850 Indian River Drive. The residence on the property is
nearly complete, but has not been issued a certificate of occupancy
because of side yard encroachments. He has asked for a variance to allow
the structure to be 1.12 feet from the north property line instead of the
required 10 feet, and 1.18 feet from the south property line, instead of the
required 5 feet.
b. Current Zoning:
CR (Commercial Riverfront)
C. Adjacent Properties:
Zoning
Current Land
Future Land
Use
Use
North:
RM -8
River Oaks
RMU
Townhouses
East:.
C
Indian River
C
South:
PS
Yacht Club
INS
West:
CR
Cleveland Street
RMU
d. Site Characteristics
(1) Total Acreage: .1953 acres
(2) Current Land Use(s): single family residence
(under construction)
(3) water Service: public water
(4) Sanitary Sewer Service: public sewer
8. Staff Comments:
In January of 2002, Joseph Graham applied for site plan approval to construct a
residence on his property at 850 Indian River Drive. Land development
regulations specifically require site plan approval for all .single-family homes on
the east side of Indian River Drive. On February 26, 2002, Tracy Hass, Director
of Growth Management, administratively approved the site plan. During
construction of the project, the property was sold to Mr. Bradford.
The original staff report is attached for your review, as well as a portion of the site
plan showing the proposed residence, the proposed west elevation and the first
and second floor layouts.
In the CR district, the side yard requirement is stated as follows:
"Side yard: 5 feet, except 10 feet when abutting a residential
district or use."
Setbacks are established to provide a visual separation between properties. The
greater setback of 10 feet is to provide additional protection for residential uses.
The side setback noted in the original staff report is incorrectly stated for the north
side as, "5 feet required". This should have been 10 feet because the property to
the north is zoned RM -8, which is a residential district. However, the previous
director approved the site with 5 foot setbacks, a reduction from code
requirements.
When application was made for the building permits, the construction plans
submitted were different from those approved by the Growth Management
Department. Attached are copies of those plans. The building permit plans show
an entirely different floor plan and also includes elevated decks that extend
beyond the building footprint into the side setbacks. Those decks were not shown
on the proposed site layout depicted on the survey, nor were they on the site plan
that Growth Management approved. Additionally, plans submitted to the
Building Department did not show distance to property lines. Growth
Management staff relied on the site plan when approving the building permit. As
a result, the encroachment was not evident and permits were issued.
The property owner to the north filed a formal complaint regarding the setback of
this structure. Staff reviewed the files and advised Mr. Bradford, Mr. Graham and
the Building Director of the encroachment. As a result, no certificate of
occupancy has been issued and Mr. Bradford has applied for this variance.
9. 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 find the following:
a. Existence of special conditions or circumstances.
b. Conditions not created by applicant.
3
C. Special privileges not conferred.
d. Hardship conditions exist.
e. Only the minimum variance granted.
E Not injurious to public welfare or intent of ordinance.
g. Conditions and safeguards may be imposed.
h. Time limit may be imposed.
L No use variance permitted in specified instances.
Please reference Section 54-1-2.5 of the Land Development Code for further
explanation and clarification of the conditions as set forth above.
10. Conclusion:
Staff made an error when approval was given for a 5 -foot setback along the north
property line. Also, the original owner submitted plans to the Building
Department different from those approved by Growth Management. The decks
on the revised plans further encroach into the north and south 5 -foot setback area.
The decks could be removed. However, there are doors, stairways, and
mechanical equipment which would be affected by such an action.
11. Options and Recommendations:
Following are two options to consider:
a. Approve a variance to establish the north property setback at 5 feet, and
require the removal of all deck encroachments into both the north and
south side yards.
b. Approve the variance as requested.
Staff is in an extremely difficult position for a recommendation. In a strict
interpretation, the applicant does not meet the criteria for a variance. Staff also
does not believe the applicant acted in "good faith" (as indicated by their
attorney), in submitting different plans to Growth Management for site review and
to the Building Department. The bottom line is that what was submitted for site
plan approval is distinctly different from what was built on site.
4
This type of situation has occurred before. The example is the Steven Lulich
building. In that case, the developer, Steven Lulich, made modifications to the
building encroaching into the setback. However, this case is different because
Lulich's encroachment was into a public right-of-way where life safety issues (i.e.
street and electric services) posed dangers to the structure. In this situation, the
encroachment into the setback is not into the right-of-way and no real safety
concerns are present. Unfortunately, this should have been stopped prior to
construction by staff, and it was not. As a result, staff has little option but to
recommend approval of the variance with a 1.12 foot setback on the north
property line and a 1.18 foot setback on the south property line.
12. Commission Action:
Hold quasi-judicial hearing to consider the request for variance.
0' eA U-0
Prepared by Rebeccaohall, Director
Growth Management Department
5
(�(so I o 7
Date
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 variances)
Primary Name:
B-acl FO rd 9e-eJjee, @ 9.50 - kWeA=br
(Subdivision, PUD or Applicant/Developer Name if Small Parcel)
dil
Applicant Name: l � U CJA— O irad'f D ra
Proposed Use: re S t d cnc e,
(if applicable)
Location: 5C5 n 1-'hd l On )CI Vu- b1- l V L
(address, parcel number, metes and bounds description)
Acreage:
Adopting Documents: If applicable
Annexation Ordinance:
Date:
CLUP Amendment:
Date:
Rezoning/Conceptual
Date:
Special Use:
Date:
Preliminary Plat:
Date:
Final Plat:
Date:
1/0-r i 'n C e - WgA+ 69-4 rt; 'Bo a-vci Of /dal(Usf'hi a ra-
Comments: