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Home My WebLink About1997 - Special Use Permit1 225:,'MqIn1 - h ij e 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-iournal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a ncua_ In the matter of �� ,�. In the court, was pub- 7 fished In said newspaper In the issues of� c I Affiant further says that the said Press-JOumal is a newspaper published at Vero Beach, In has heretofore been Size said Indian River County, Florida, and that the said newspaper continuously published In said Indian River County, Florida, each daily and has been entered as Indian River County, Florida, 1 *6; City of Sebastian, Florida Subject: Special Use Permit, Spates Agenda No. ?q, Z2 residence for security purposes at 633 Old Dixie Highway. Department Origin: Community Development MKV Approved for Submittal by: Date Submitted : September 9, 1997 / For Agenda of: September 17, 1997 Exhibits: application, location map, nunutes of 8/21/97 P&Z meeting, staff report, legal notice, resolution R-97-58 EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: None REQUIRED: None None SUMMARY Ms. Spates has applied for a residence for security purposes at 633 Old Dixie Highway. The property is zoned industrial. A residence is not a permitted use in the industrial zoning district. Such a use can be considered as a special use. The Planning and Zoning Commission recommends approval of the request. RECOMMENDED ACTION Hold a public hearing and take action on resolution R-97-58: 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 locatedl 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 subject property along with the appropriate certified return receipt mailing fee (currently $2.29 for U.S. mailing) . NAME OF APPLICANT: CONS 1-:0 NG E S pqTr-S ADDRESS OF APPLICANT! PO /3(]X e--7% APPLICANT PHONE ADDRESS OF SUBJECT PROPERTY :--� 3,3 O L b I-) 1 X E w LEGAL DESCRIPTION OF SUBJECT PROPERTY: J O rS 1&) 114-41-10 SERt9SI- C.-te0✓E 1,5ST/9TES ZONING OF SUBJECT PROPERTY: I Al D LJS 1 to 1 /f- L REASON FOR REQUEST FOR SPECIAL USE PERMIT:--j5-e/9 /e 7- V 1--0 rZ u5LZ' 0r: vAJ-.S r11r./ THE BUILDING OFFICIAL MAY REQUIRE ADDITIONAL BACKUP INFORMATION FOR CERTAIN REQUESTS Signature of Appy ant Date CLI b: specuse. app h� WAIVER AND CONSENT I/We, the owner(s) of the property located at 133 OL -b DIXIE,. ll W y Sebastian, Indian River County, Florida, (the "Property"), hereby authorize each and every member of the p��.�.ti l,u(,. �. z v,v i lV G- Board/Commission of the City . of Sebastian (the "Board"/ "Commission") to physically enter upon the property and view the Property in connection with my/our pending (the "Proceeding"). 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 me/us voluntarily and not as a result of any coercion -applied, or promises made, by any employee, agent, contractor or official of the City of Sebastian. Dated this /s* day of 0 SVV to and subscribed 19 f7 . My Commission Expires: ,,,,•: ",,,, H. JOANNE SANDBERG MY COWSSION # CC 369021 EXPIRES: ApdI 30,1W8 Bw *d Tutu Natmy Pub t: Uncle writers , 199. 01 before me this %Std day of No 4Public • s A M = nivro _.... t�A t s t tp ZS 4 _.� g s s � +s � + S • OSI I I l i l l p'`' • 2 „ >. t 't is it .._ 1s t • 10 fl � 113114113112111VIP6 1a1716151+13121 1 113 14 13 12 110 7a 3 4 3 2 1 1 7 9 3 0' tt 12 ' 30 2928 27 xd 23 23 22 21120 19 1a 1 = 13 IS 3 r 14 t6 ' PM1EAPt�t,E 17 19 1 12 11 to 9 a T a 3 2 1 4 la S� { 24 23 22 21 20 19 to 17 to 14 gt 1 2 It poo STREET 1 t S 4 1 4 8 T d S 4 3 21 tJ a a iii / a S � 7 M 17 td 13 14 13 12 I1/� 9 d 13 t0 7 V TTANG"5tR£ET � a 12 14 1613141 1211 " O ,,1 1 n t3 t + 3 2 to to 9 a RMH �,�1 3 9- t7 4+� TRACT E t i -!hl9 ' TRACT F /"- 3 -f m- 2 s 1 •-- 30 2 29 2 3 2 i 1 3a 2a 4 1 ,a 3 27 34 27 4 20 22 17 a 19 I S I 3 26 3 9 to 6 n as �,,,2�5� 'a, 16 4 13 a 14 a 13 TRACT G 9 22 7-1, to 21 10 to C 9 1 a 31 4 1 3 1 21 f f1 20 114 _ A IIti+ENUE t2 1 19 12 24 25 20 27 25 29 30 3� 13 to t3 49 14 1J 14 1 7 I 2 1 34 u t3 16 t3 10 A • —"'� i 1e 37 33 34 33 i 30 29 19 is 17 8 y� 20 21 22 23 24 23 26 27 20 20 21 22 123124 s s T -1-3 21t3 4 �` a f • a 4 22 3 9 r.1 3 23 t2 t' 6 2 t0 2 24 3 4 3 2 1 1 11 1 23 WOODMERE ROAD 17 16 13 14 t3 12 It 11� 4 6T71 6 1 3 14 13 2 1 i CITY LIMITS I N �-- SEBASTIAN HIGHLANDS YACHT CLUB (#624 INDIAN RIVER )RIVE) -- MARINA (J806 INDIAN RIVER DRI1 RIVER"'IEW Pr 0600 U.S. I I /M PLANNING AND ZONING COMMISSION MINUTES OF REGULAR M= t iNG OF AUGUST 21, 1997 A voice vote was taken. 7 - 0 motion carried. SITE PLAN REVIEW - SEBASTIAN PRESBYTERIAN CHURCH -- BUILDING ADDITION -1405 LOUISIANA AVENUE Mr. John Dean, 2223 10th Avenue, Vero Beach, who is the architect for the project, was present representing the applicant. He noted that four members from the building committee were also present to answer any questions. He gave a brief presentation on the project. Mr. Hass gave staff presentation and recommended approval of the Site Plan. MOTION by Thomas/Mather I recommend that the site plan approval application by the Sebastian Presbyterian Church at 1405 Louisiana Avenue be approved for presentation to the Council. The prints have been supplied by John H. Dean, Architects and Associates and they are dated August 14, 1997, sheets S-1, A-2, A-3 dated 8/12/97, as is A-2, as is S-1. A voice vote was taken. 7 - 0 motion carried. RECONS ENDATION TO CITY COUNCIL - SPECIAL USE PERMIT - RESIDENTIAL UNIT IN "IN" ZONING - 633 OLD DEM HIGHWAY Mr. Casey Walker, 21 Tarpon Drive, Vero Beach, was present in behalf of Constance Spates. (Also present was Ms. Amy J. Kost of J R Reporting Associates, Inc., Melbourne, FL. as a court reporter for this issue.) He noted that his applicant is requesting a residential use of a present apartment at the warehouse, and a variance for the waiver of the minimum square footage. He referred to page two (2) of the staff report and proceeded to explain the need for security at the site and submitted copies of police reports to Commission members. There was some discussion on how to interpret the report as to the number of occurrences. Ms. Spates, the applicant, noted that when she picked up these reports from the Sebastian Police Department, she was told that the figures reflected, separate events. There was further discussion on the need for security, the type of equipment stored there, and the actual use of the apartment. Mr. Walker noted another'similar use permitted in 1987 in the same vicinity. Mr. Massarelli gave staff presentation and noted that the variance for the requested 362 sq. ft. apartment would be issued by the Board of Adjustment and would require a separate application for that to that Board. He also noted that certain criteria is required for such variance, including that the request is unique to that piece of property, and that it is not a self-imposed hardship. Mr. Massarelli also noted that those two tests could probably not be met. 10 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR N=L t LNG OF AUGUST 21, 1997 Staff recommends a conservative position be taken because of the prohibition of residential uses within industrial area, and noted that the provision in the Comprehensive Plan limits the area for a watchman to 150 sq. ft. Staff also noted that the applicant has indicated that the use is not similar with uses allowed in the industrial zoning district, and this Commission is required to make a finding that the use is similar to the uses allowed in the zoning district. Staff recommended denial of this Special Use Permit. Mr. Schulke suggested that conditions could be recommended to City Council in reference to the person and his purpose who would reside in this apartment. VC Munsart pointed out that security could be provided without an apartment. Mr. Walker referred back to the Comprehensive Plan and cited his interpretation of several issues. MOTION by Driver/Thomas I make a motion that we approve the Spates On-site Security Apartment at 6330 Old Dixie Highway which includes Lot 18, 19 and 20, Lot 4 Sebastian Grove Estates for Ms. Constance Spates. Discussion: Mr. Massarelli reminded the Commission that this should be a recommendation to City Council, and that they should include their finding in the motion. He also called their attention page 4, paragraph 13 of the staff report. Among other issues, he noted that if approved, a site plan will be required, and the building would need to be inspected by the Building Inspector and the Health Department would check the well and septic. In response to a question by Mr. Thomas, staff responded that the Building Department was never aware of a change of use from manufacturing to warehouse and there were no occupational licenses issued before last week. He noted concern from the history of the building and the electrical. Ms. Spates informed the Commission that she had the complete electrical system gone over by Mr. Neuberger's son. She noted that all corrections were made with the electrical, air conditioner, and plumbing. Staff noted that this is an existing, unpermitted apartment and has never been inspected by the City, and a site plan could not be found nor any other kind of approval. Mr. Driver withdrew the original motion (above), and Mr. Thomas withdrew his second. MOTION by Driver/Thomas I move that we find that granting special use permit is not detrimental to the public safety, health or welfare, not injurious to other properties or improvements within the immediate 11 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR N=t i WG OF AUGUST 21, 1997 vicinity in which the Property is located, and the requested use is consistent with the purpose and intent of the respective zoning district, and it can be demonstrated to be similar in nature and compatible with the uses allowed in this zoning district, and recommend to City Council that they that they find the same findings. I recommend to the City Council that they approve the special use permit for Spates' On -Site Security Apartment at 633 Old Dixie Highway, Lots 18, 19, and 20, Block 4, Sebastian Grove Estates, Ms. Constance Spates, of Roseland, FL, (with the conditions): the Building Official inspect the premises for minimum Code requirements, site plan, Health Department approve the septic system and the well, and approval by the variance Board for the 362 square feet as opposed to the 600 square feet required by the Ordinance, custodian must be employed by the tenant, and it will house the custodian only, no family members, one person only. Roll call: Mr. Driver - yes Mr. Thomas - yes Mr. Schulke - yes VC Munsart - no The vote was 4 - 3. Motion carried. Ms. Kilkelly - yes Mr. Mather - no Mr. Pliska - no Mr. Massarelli recommended that a motion be made to adopt the staff report except for those areas that are inconsistent with your previous recommendation, so that facts and other things in there will be appropriate. I MOTION by SchulkefKilkelly So moved. A voice vote was taken. 7 - 0 motion carried. CHAIRMAN MA jL, i ju<S: None Mr. Schulke inquired as to when the next LPA meeting is and was informed that it is scheduled for September 3rd (actually it is on September 4th), and there will also be an LPA meeting before each regular P & Z meeting for most of the remainder of this year. DIRECTOR MA it gRS: Mr. Massarelli suggested that, since the next regular P & Z meeting will be light, the Commission should start the LPA, break for P & Z, and return to the LPA since feedback needs to be given on about six (6) chapters, and the future land use maps will need comment on changes. 12 Community Development Department Special Use Permit Application -Staff Report 1. Project Name: Spates' On-site Security Apartment 2. Requested Action: A special use permit to have an apartment for on-site security for a warehouse in an industrial zoning district. 3. Project Location a. Address: 633 Old Dixie Highway b. Legal: Lots 18, 19, and 20, Block 4, Sebastian Grove Estates C. Indian River County Parcel Number: 4. Project Owner: Ms. Constance Spates P. O. Box 877 Roseland, FL 32957 S. Project Agent: 6. Project Engineer: 7. Project Attorney: 8. Project Description a. Narrative of proposed action: The applicant has requested a special use permit for an apartment in a warehouse for on-site security purposes. The Land Development Code allows in the Industrial Zoning District, one accessory watchman facility limited to 150 sq. ft. (Sec. 20A - 3.14.B., L.D.C.). The applicant has indicated that the warehouse facility has a residential area of 362 sq. ft. The only way to use such a facility is by a special use permit. b. Current Zoning: IN 1 C. Adjacent Properties d. Site Characteristics (1) Total Acreage: .65 acres (2) Current Land Use(s): warehouse (3) Soil: Astatula sand (4) Vegetation: grass (5) Flood Hazard: Zone X (6) Water Service: well (7) Sanitary Sewer Service: septic tank (8) Parks: Riverview Park, 500 feet to the east (9) Police/Fire: Approximately 1.25 miles to the north 9. Comprehensive Plan Consistency a. Future Land Use: Policy 1-2.3.1 states: ".... Industrially designated areas are not adaptive to residential use and as such industrial activities shall not be located in areas designated for residential development. This provision shall not prohibit residences for night watchmen or custodians whose presence on industrial sites are necessary for security purposes. Such a use may be permitted as a conditional use through appropriate zoning procedures....." The conditional use provisions have never been implemented. The staff reviews takes a conservative view of this requirement. Just as industrial use should not encroach on residential areas, residential use should not encroach on industrial areas. The conservative view would require the applicant to demonstrate a need for the residential use for security reasons. The applicant has not demonstrated a need for the security. An occupational license has not been issued for a business at the site. The applicant has indicated that large lawn mowers and 2 Zoninq Current Land Use Future Land Use North: IN warehouse IND East: IN Railroad IND South: IN warehouse IND West: IN warehouse IND d. Site Characteristics (1) Total Acreage: .65 acres (2) Current Land Use(s): warehouse (3) Soil: Astatula sand (4) Vegetation: grass (5) Flood Hazard: Zone X (6) Water Service: well (7) Sanitary Sewer Service: septic tank (8) Parks: Riverview Park, 500 feet to the east (9) Police/Fire: Approximately 1.25 miles to the north 9. Comprehensive Plan Consistency a. Future Land Use: Policy 1-2.3.1 states: ".... Industrially designated areas are not adaptive to residential use and as such industrial activities shall not be located in areas designated for residential development. This provision shall not prohibit residences for night watchmen or custodians whose presence on industrial sites are necessary for security purposes. Such a use may be permitted as a conditional use through appropriate zoning procedures....." The conditional use provisions have never been implemented. The staff reviews takes a conservative view of this requirement. Just as industrial use should not encroach on residential areas, residential use should not encroach on industrial areas. The conservative view would require the applicant to demonstrate a need for the residential use for security reasons. The applicant has not demonstrated a need for the security. An occupational license has not been issued for a business at the site. The applicant has indicated that large lawn mowers and 2 accessory equipment and sweepers are stored there. Vandalism or other criminal activities have not been reported there. Without the demonstrated need for security the requested special use permit .is inconsistent with the future land use element of the comprehensive plan. b. Traffic Circulation: consistent C. Housing: consistent d. Public Facilities: consistent e. Coastal Management: consistent f. Conservation: consistent g. Recreation and Open Space: consistent 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 granting of the request for a special use permit is not detrimental to the public safety, health or welfare nor injurious to other properties or improvements within the immediate vicinity in which the property is located. 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? On March 11, 1987, the City Council approved resolution (R-87-14) granting a special use permit for Dr. Henry A. Fischer for a residential structure for security personnel at 10925 U.S. 1. The residential unit is 25' by 25' (625 sq. ft.). That use was found to be consistent with the purpose and intent of the industrial zoning district, and to be similar in nature and compatible with the uses allowed in the industrial zoning district. That approval was prior to the adoption of the current comprehensive plan. As stated above (9.a.) there should be a demonstrated need "necessary for security purposes" for the residential use for security reasons. The applicant has indicated that the building is being used for the storage of large lawn mowers and accessory equipment and sweepers. The applicant has also provided a summary from the Sebastian Police Department of the crimes on Old Dixie Highway and High Street. (attached) The applicant has not provided any information as to specific crimes to that property. The applicant has failed to demonstrate a need. The staff requested that the applicant provide additional information to support this required finding. The applicant has admitted that the proposed use is not similar in nature to the uses allowed (response is attached). 3 Based on the applicant's own statement, the requested special use permit is not consistent with the purpose and intent of the respective zoning district, and it is not similar in nature and compatible with the uses allowed in the zoning district. 12: Additional considerations: Another consideration is the safety of locating a residences in the same building that may include industrial activities. While the building now is used to store lawn mowers, the property is zoned industrial and other activities which may present a safety problem for someone living there might occur in the future. In considering this application, it is important to consider the long term possibilities. 13. Other Matters: The building official has not conducted an inspection of the building to determine if the building meets minimum code requirements. If the permit was approved such an inspection should be required before the building is occupied. With the change in use at this location, a site plan would be required. Parking, drainage and landscaping should be brought up to code. If this permit is approved, the code would require two parking spaces for the residence. The parking requirement for the rest of the property would depend on the proposed use of the property. Also with the change of use, approval from the health department should be received to insure that the septic tank is properly design for a residence. 14. Analysis: The applicant has applied for a special use permit for a residence in an industrial zoning district. The purpose of the residence is to provide on-site security. The Land Development Code allows an accessory watchman facility up to 150 sq. ft. in the industrial zoning district. The proposed use exceeds that limit. Therefore, consideration of such a use can only be through a special use permit. The staff has reviewed the application for consistency with the Comprehensive Plan and recommends that the application be found to be inconsistent with the Future Land Use Element. Policy 1-2.3.1. states that a residential use in the industrial area is allowed for security purposes. The applicant has not demonstrated the need for security at this location. The warehouse is currently vacant and vandalism has not been reported to be a problem in this area. Without the demonstrated need the use is inconsistent. This policy can be subject to interpretation. Is the test an actual need? Is the building currently being used to store materials that can be stolen or vandalized? Or is the test just a perceived need or a desire to prevent crime? If the test is a perceived need, then the applicant by the fact that the applicant applied for this special use has met that test. The staff review is based on an existing, demonstrated need for security. The plan might be interpreted to allow the proposed use based on a perceived need 4 or to prevent potential crime. If that interpretation is used, then the proposed use is consistent with the future land use element. The other issue relating to this application is the suitability of the facility for residential use. The residence shown is 362 sq. ft. (floor plan is attached). The smallest residential unit allowed in the code is 600 sq. ft. (efficiencies and commercial resort residential units). The minimum living area for a mobile home and the smallest residence allowed in the RS -10 zoning district is 900 sq. ft. The unit approved for Dr. Fischer, discussed above, was 625 sq. ft., meeting the minimum standard for an efficiency. The proposed residential living area does not conform with the standards of the Land Development Code. Even if a liberal interpretation of the Comprehensive Plan was made and the size of the residence was acceptable, the applicant's admission that the requested use is not similar in nature to the uses allowed in the Industrial Zoning District create cause the application to fail to meet one of the required findings. The application therefore should be denied. 15. Conclusion: The applicant has stated that the requested use is not similar in nature to the uses allowed in the Industrial zoning district, therefore the application should be denied. 16. Recommendation: It is recommended that the Planning and Zoning Commission find that the proposed use is not similar to the uses allowed in the Industrial zoning district. It is further recommended that the Planning and Zoning Commission recommend to the City Council that the proposed use is not similar to the uses allowed in the Industrial zoning district and that the City Council deny the request for a residence for security purposes at 633 Old Dixie Highway. PRE RED BY Attachments: 911-1l1� DATE 1. Applicant's response to staffs request for additional information 2. Summary of crimes from Sebastian Police Department 3. Floor plan 5 C E�31- S 'T I /9 j q91 52 E tit . _ * , s .u'_ , z 19 -- d� t? UI -q Lt ivt S x r S i 1 N 633 Old Dixie Highway Sebastian, FL 32958 4. • 86 5" Kitchen 815 x 10' 6`. s Pantry N 7' 11" (Window 3' x 3' 9") Bedroom Warehouse Area J 6'x 3" Living/ Dining 6'3" x 10' . I i as 0 Shower Bath 4' x 8' it 6' x 7' 111-611 3' Z" I+ i 17" 8" Apartment facing Old Dixie Hwy. 4 (Window 1 ' 6" x 5' 6" ) 0---* Smoke Detector 9 (Window 1' 6" x 5' 6") Sebastian Police Department 1201 Main Street (561) 589-5233 Sebastian, Florida 32958 (Fax) (561) 589-2207 M E M O R A N D U M Date : July 30, 1997 To : Lt Sherbrook From Records/dc Subject : Crimes on old Dixie Highway From 1994 to July 30,1997: Armed Burglary 1 Burglary 2 Theft 3 Criminal Mischief 5 Harassing Calls 1 Recovered Stolen Vehicle 1 Poss, Stolen Property 1 Total 14 O+j�� D Sebastian Police Department 1201 Main Street (561) 589-5233 Sebastian, Florida 32958 (Fax) (561) 589-2207 MEMORA NDUM Date : August 5, 1997 TO Ms. Spates From Records Department Subject Crimes on High Street From 1994 to August 5, 1997 Burglary 7 Grand Theft 3 Theft 4 Criminal Mischief 2 Total 16 14 City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 0 FAX (561) 589-2566 POSTAL DELIVERY September 2, 1997 James & Rosemarie Oxford, Jr. 634 High Street Sebastian, Florida 32958 Dear Property Owner: U 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 a residential unit in a existing building on a parcel zoned Industrial (IN) located at 633 Old Dixie Highway, Sebastian, Florida. 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 DANIEL & JOAN PREUSS 930 U.S. HWY #1 SEBASTIAN, FL 32958 STEVE PHILIPSON 936 U.S. HWY #1, SUITE A SEBASTIAN, FL 32958 JOSEPH & DIANNA COLONA 145 S. WIMBROW DRIVE SEBASTIAN, FL 32958 DAVID & OKHWA BLAKE 2075 SPRING PLACE VERO BEACH, FL 32963 JAMES MCLAIN 9675 FLEMING GRANT ROAD MICCO, FL 32976 BRIAN & PATRICIA STROHM 957 BEACH LANE SEBASTIAN, FL 32958 MICHAEL J. JAHOLKOWSKI 596 OLD DIXIE HWY VERO BEACH, FL 32962 MELANIE DAWN ZUGAY 8166 92ND AVENUE VERO BEACH, FL 32967 RICHARD P. COOK P.O. BOX 307 ROSELAND, FL 32957 RICHARD & WILLADENE COOK P.O. BOX 307 ROSELAND, FL 32957 MAE MILLER 733 FORSTER AVENUE SEBASTIAN, FL 32958 JAMES & ROSEMARIE OXFORD, JR. 634 HIGH STREET SEBASTIAN, FL 32958 CARMINE & LOUISE LIBERTINO 480 TULIP DRIVE SEBASTIAN, FL 32958 ALLEN & DORIS MUMM P.O. BOX 484 SEBASTIAN, FL 32978-0484 CARMINE & LOUISE LIBERTINO 6167 ISLAND HARBOR ROAD SEBASTIAN, FL 32958 GEORGE MOODY 4990 65TH STREET VERO BEACH, FL 32967 JAMS M. IN NU 9675 FLE GRANS ROAD MICCO, 3 8 STAR ENTERPRISE 12700 NORTHBOROUGH DRIVE HOUSTON, TX 77067 RON & KATHLEEN ADAMSON 580 BALBOA STREET SEBASTIAN, FL 32958 THOMAS HARRINGTON c/o 4555 GROVES ROAD, #12 COLUMBUS, OH 43232 TH014AS P • HAR'RINGTON C/o HARRINGTON DEV. INC. P.O. BOX1090 33921 BOCA GRAN 4 RESOLUTION NO. R-97-58 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 INDUSTRIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MS. CONSTANCE SPATES FOR A RESIDENCE FOR SECURITY PURPOSES AT 633 OLD DIXIE HIGHWAY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN hr*r*.LCTIVE DATE. WHEREAS, Ms. Constance Spates has applied for a special use permit for a residence for security purposes at 633 Old Dixie Highway; 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 industrial 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 633 Old Dixie Highway 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 industrial 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 Ms. Constance Spates for a residence for security purposes at 633 Old Dixie Highway. SECTION 3. CONDITIONS: The following conditions are required to secure the objectives and intent of the land development code: A. The building be inspected by the Building Inspector and any code violations be corrected before the issuance of a certificate of occupancy. B. That the Community Development Department be provided a letter from the Indian River County Health Department approving the well and septic tank for residential use prior to the issuance of the certificate of occupancy. C. That the applicant submit and the Planning and Zoning Commission approve a site plan for the subject parcel prior to the issuance of the certificate of occupancy. D. That the applicant apply for and receive a variance from the Board of Adjustment for the 362 sq. ft. residence (600 sq. ft. is the minimum allowed in other zoning districts). E. The custodian living in the residence must be employed by the tenant F. The residence will house the custodian only, no family members, one person only. SECTION 4. CONFLICTS: All Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 5. Ev-v-.LCTIVE DATE: This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice -Mayor Richard Taracka Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared this Resolution duly passed and adopted this day of 51997 City of Sebastian, Florida By: Walter Barnes, Mayor ATTEST: Kathryn M. O'Halloran, CMC/AAE (Seal) Approved as to Form and Content: Valerie Settles City Attorney ( f i) 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 or Board secrelaryprior to the time in the meeting at which such item is to be heard in accordance with R-97-21. (meeting procedures) Affected 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 affected party shall be granted affected 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 office prior to the entity's request to be granted affected 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. 97.221 E. Constance Spates - Special Use Permit - Residence for Security Purposes - Industrial Zoning District - Resolution No. R-97-58 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) Name SECTION 2. APPROVAL: The City of Sebastian hereby approves a special use permit for Ms. Constance Spates for a residence for security purposes at 633 Old Dixie Highway. SECTION 3. CONDITIONS: The following conditions are required to secure the objectives and intent of the land development code: A. The building be inspected by the Building Inspector and any code violations be corrected before the issuance of a certificate of occupancy. B. That the Community Development Department be provided a letter from the Indian River County Health Department approving the well and septic tank for residential use prior to the issuance of the certificate of occupancy. 7hat the applic sub 't and the Plannin oning Commission rove a site plan for a subjec parcel prior o the iss ce of the ertific of D. That the applicant apply for and receive a variance from the Board of Adjustment for the 362 sq. ft. residence (600 sq. ft. is the minimum allowed in other zoning districts). K'The cu ian linin the residence st be er ed by th F. The residence will house the custodian only, no family members, one person only. SECTION 4. CONFLICTS: All Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 5. Lrr LCTIVE DATE: This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: 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 Comer of Intersection of CR 512 & Fleming Legal: Street Size: Approximately 1.4 Acres Legal: A portion of Section 13, Township 31 South, Range 38 East, Indian River County, Action: 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 121 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 127 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 182 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 72 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 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5330 0 FAX (561) 589-5570 September 19, 1997 Constance Spates P.O. Box 877 Roseland, Florida 32957 Dear Ms. Spates: Enclosed is a copy of Resolution No. R-97-58 that was approved, as amended, at the Sebastian City Council Meeting on September 17, 1997. If you have any questions, please contact our office. Sincere. D Kathryn M. 'Halloran, CMC/AAE City Clerk KMO:js enclosure City of Sebastian 1225 MAIN STREET ❑ SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 388-820313 FAX (561) 589-5570 November 7, 1997 Mrs. Constance Spates PO Box 877 Roseland, FL 32957 Re:. 633 Old Dixie Highway, Sebastian, Florida Dear Mrs. Spates: I have reviewed your application for approval of a residential use within a warehouse, located at the above address, for security purposes. After consulting with the City's attorney, I have concluded that, since the property was previously used for this purpose it is, for all practical purposes, a pre-existing non -conforming use. Accordingly, it may continue as a valid use within the City, provided that the structure is not significantly modified. Accordingly, the City will not require a variance from residential square footage requirements to continue this use. If you have any questions, please do not hesitate to call. Sincerely, Thomas W. Frame City Manager cc: The Honorable City Council Valerie F. Settles, City Attorney Robert Massarelli, Community Development Director 1%. d�� RESOLUTION NO. R-97-58 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' INDUSTRIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO MS. CONSTANCE SPATES FOR A RESIDENCE FOR SECURITY PURPOSES AT 633 OLD DIXIE HIGHWAY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN .Lk'k'hCTIVE DATE. WHEREAS, Nis. Constance Spates has applied for a special use permit for a residence for security purposes at 633 Old Dixie Highway; 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 industrial 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 633 Old Dixie FEghway 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 industrial 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 Ms. Constance Spates for a residence for security purposes at 633 Old Dixie Highway. SECTION 3. CONDITIONS: The following conditions are required to secure the objectives and intent of the land development code: A. The building be inspected by the Building Inspector and any code violations be corrected before the issuance of a certificate of occupancy. B. That the Community Development Department be provided a letter from the Indian River County Health Department approving the well and septic tank for residential use prior to the issuance of the certificate of occupancy. C. That the applicant submit an administratively approved site plan for the subject parcel prior to the issuance of the certificate of occupancy. D. That the applicant apply for and receive a variance from the Board of Adjustment for the 362 sq. ft. residence (600 sq. ft. is the minimum allowed in other zoning districts). E. The custodian living in the residence must be employed by the tenant, providing notice to the City within thirty days of any change in the tenant. . F. The residence will house the custodian only, no family members, one person only. SECTION 4. CONFLICTS: All Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 5. v,rrr;CTIVE DATE: This Resolution shall take effect immediately upon its adoption. he foregoing Resolution was moved for adoption by Councilmember ;1 �f , The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Walter Barnes Vice -Mayor Richard TarackaQ Councilmember Louise R. Cartwright Councilmember Larry Paul -� Councilmember Ruth Sullivan The yor thereupon declared this Resolution duly passed and adopted this 1741,day of , 1997 City of Sebastian, Florida By: W I k Walter Barnes, Mayor S: ✓ A J Kathryn . OI Moran, 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 varianreci Primary Name: ezo.s%(w (f _ , )(,! L� (Subdivision, PUD or Applice t/Developer Name if Small Parcel) Applicant or Developer Name: <rL 4m P, Proposed Use: I ic—'s-Id ei `I , o (if applicable) Location: r' A i n N n 1 X f P H W U ZDr1� (address, parcel number, or metes and bounds description) Acreage: Adopting Documents: (as aDDlicable "Annexation Ordinance: Date: CLUP Map Amendment: Date: Rezoning/Conceptual Date: Special Use: Date: Preliminary Plat: Date: _ 'Final Plat: Date: 'Recorded: Date: (Book and Page) Location in Vault: Comments: (r)d(AS -�r I czt