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HomeMy WebLinkAbout06-24-2020 BOA Minutes w/ AttachmentsLP Lf SEB�►sT� HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached June 24, 2020 Board of Adjustment minutes were approved at the December 9, 2020 Board of Adjustment meeting. Chairman Ed Dodd ATTEST: e 1-h LiU.l�_Q,iA� J ette Williams, City Clerk 6:13 pm He said he has been discussing how to enforce a mask mandate with Countygofficials and noted one way is to use the "no shirt, no shoes, no service" Idea whet slomers can chose which businesses they feel comfortable with. H=oridaDept. .r uirement is a work in progress; the enforcement is a challenge. Mayor Dodd said an Orlando bar was closed by t Alcohol and Tobacco because the people were not social dislanci nd several individuals became infected. He asked that as patrons, everyone b reful that we don't hurt the owners of the establishments by not wearing s. Council Member G' i ms noted the wearing of masks has to be a community effort, statewide. T ity Manager stated Miranda Hawker with the Florida Department of Health has the City �on-Mreiist-to-be-atestsite-andwil''at usknew-when-tests-AWI-4�available 8. Recess the City Council Meetina and Convene the Board of Adjustment Hearma, Mayor Dodd recessed the City Council meeting and convened the Board of Adjustment meeting at 6:11 p.m. A. Aooroval of January 8. 2020 Board of Adiustment Minutes Motion by Mr. Gilliams and SECOND by Ms. Parris to approve the January 8, 2020 Board of Adjustment meeting minutes passed with a unanimous voice vote of 5-0. B. Quasi -Judicial Public Hearing JOSEPH AND JULIA SCOZZARI, IN REGARDS TO LOT 26, BLOCK 381, SEBASTIAN HIGHLANDS UNIT 11, LOCATED IN THE RS-10 (RESIDENTIAL SINGLE-FAMILY) ZONING DISTRICT AT 1411 THORNHILL LANE, ARE REQUESTING A VARIANCE TO ALLOW AN EXISTING 1728 SF ACCESSORY STRUCTURE TO BE CONSIDERED THE PRINCIPAL STRUCTURE OF THE LOT FOR STORAGE USE, WHEREAS THE CODE DEFINES A DWELLING UNIT TO BE DEEMED THE PRINCIPAL STRUCTURE IN A RESIDENTIAL ZONING DISTRICT, AND WHEREAS THE CODE DOES NOT ALLOW A STORAGE FACILITY [AS THE PRINCIPAL STRUCTURE] AS A PERMITTED OR CONDITIONAL USE IN THE RS-10 ZONING DISTRICT. (Transmittal, Report, Criteria, Exhibits, Application, Notice) Chairman Dodd opened the hearing and the City Attorney read the title of Mr. and Mrs. Scozzari's request. Ex Parts Communication Chairman Dodd indicated he had four telephone conversations and one meeting with the applicant. Vice Chairman Mauli said he spoke to the applicant and met with him at the property. Mr. Gilliams also said he spoke to the applicant. Ms. Parris said she spoke to the applicant on the phone. June 24, 2020 Board of Adjustment, CRA, and Regular City Council Meeting Page 2 In response to the City Attorneys request to identify the subject matter of the board members conversations, they all indicated they spoke in regard to the requested variance. Andrea Coy, 501 Palm Avenue, asked if Mr. Gilliams had any business activities with the applicant. The City Attorney advised the contrary statement should be regarding the conversations or site visits that were disclosed by the board members. Mr. Gilliams stated he threw Mr. Scoaad out of his business. Christopher Nunn asked if there were any promises made to Mr. Sc=ari. The City Attorney stated the board member did not indicate any promises. The City Clerk swore in everyone that was to provide testimony. Michael Saproun, representing Mr. and Mrs. Scozzari, said he was retained after the March 18r" hearing was not held at which time he regrouped with the Scozzaries and discussed what they really wanted. He said they bought the property to enjoy the benefit of the personal storage facility (further referred to as the barn) which was permitted and approved in 1994 but the unity of title was never received by the original owner. The Scozzaries would now like to fence the property with an adjacent lot that they own to protect the property. Mr. Saproun stated the City has acquiesced over time that the storage facility is considered to be the principal structure. Julie Scozzad said they bought this property a year ago but lived next to it for 17 years and they would like to put up a fence to protect the property and prevent liabilities. She stated they do not intend to run their commercial roofing business out of this building and requested approval. Joe Scozzad said they have come to the City in good faith, an error was made in 1994, the title is clear to the properties. Staff Presentation The Community Development Manager said Mr. and Mrs. Scozzard's request has changed since the March 18 and April 22 Board of Adjustment meetings. In April, they wanted to unify the lot to the house and there were some variances that would have been needed. She asked that the Staff Report dated June 17, 2020 be entered Into record. She said today, she found a note in the file from June 2018 indicating that Mr. Scozzari wanted to join the 1,700 sq. ft. accessory structure onto his double lot which was his initial approach to the City. Council Member Gilliams objected to her entering the note into the record because it was not part of the backup. The Community Development Manager said at that time staff assumed the bam had been unified to the original permanent structure it was permitted to, because it was a requirement for issuance of the building permit. She let him know that the City would need a survey to see if the unity could be released; there wasn't a fence application until January 2020. Based on the survey submitted, staff determined four variances would be needed. June 24, 2020 Board of Adjustment, CRA, and Regular City Council Meeting Page 3 She noted this barn and a Quonset but in the area of Brisbane were the two impetuses that prompted the existing code into place. The Community Development Manager reported the barn did meet all of the required conditions in 1994; the staff report does not state that staff or the court house made an error with the unity of title but just simply it cannot be located. She stated the City did not discover this until Mr. Scozzari made his request which refutes Mr. Saproun's comment that the City acquiesced to this. She also noted if the barn would be allowed to be the principal structure, it would not be in compliance with the comp plan; once the properties are unified, the Scozzaries can begin to install the fence. Mr. Mauti said he understood people's rights to protect their property as he came before the board to fence his vacant lots at which time he found that his rights were being taken away because he wanted to protect his property. A simple fence should not be denied. Mr. Saproun said the unity wasn't followed up on in 1994 and it did not appear on the title search when the Soozzari's bought the property and in faimess they should have been noticed they would have a problem. He said he would like the board to say they understand the properties weren't unified, you can have the fence. Chairman Dodd noted the hearing was to define the barn as the principal structure and was not a decision on the fence. Ms. Parris asked if there was a grandfather effect to the unity of title. Mr. Saproun said that would be the same as acquiesce. Mr. Gilliams said this was on March 18 agenda and asked If there was a difference between that agenda and this one. Mr. Saproun said the meeting was adjourned before his client could ask for the unity of title and now that the Scozzari s have thought about their property and would now like to keep the lot separate and have the barn to be considered a principal structure. Mr. Gilliams asked Mr. Saproun if his client was denied his hearing and due process. In response to Chairman Dodd, Mr. Scoz nsd stated that Mr. Dodd did call him on March 18 to let him know the why the hearing would not take place and he did not come to the March 18 meeting. Mr. Gilliams continued to talk about the March 18 meeting and Chairman Dodd called for a ten minute recess at 6:51 p.m. The hearing reconvened at 6:57 p.m. All members were present. Chairman Dodd stated during the quasi-judicial process, the board is obligated to make their decision based on the evidence presented by the applicant and the staff. Mr. Gilliams said the application started March 18 and was postponed to April 22 and further because of the pandemic and the lack of meetings; he wanted the board to take everything Into consideration. June 24, 2020 Board of Adjustment, CRA, and Regular City Council Meeting Page 4 The City Attorney advised they were at the point in the agenda that questions could be asked of staff and the applicant; Mr. Gilliams could continue his discussion during the deliberations. In response to Mr. Gilliams, Mr. Saproun stated the applicant would not be using the structure for his commercial business. There was no one to speak in favor of the request. In Opposition Tracey Cole said she was upset that Mr. Saproun's letter addressing the closure of the March 18 meeting was being used to overtake the City; she did not want to see the request approved because every lot could have a two story storage unit. Grace Reed said she did not know the applicant but her concern is this Is not primary structure but storage and should always be. Sharon Herman, Sebastian, said the zoning was changed to keep this from becoming routine in the City and if this was opened up this could happen anywhere in town which isn't reasonable. Andrea Coy, Sebastian, said in regard to Mrs. Scozzari's comments, a dumpster should not be allowed on residential lots, she has pictures of three roofing trucks on their property and workers should not be coming and going to a residential site for their work vehicles. Ms. Coy said at the last time the variance was presented, the City recommended approval because there was unity of title but tonight's request was a different variance. She asked the board to follow the City's rules and do it right. Aoglicanfs Resoonse Mr. Scozzan said the dumpster goes on his two lots. Mr. Saproun said he heard legitimate concerns that If this was granted, structures would pop up everywhere but that is not true. The Scozzaries do not want to unify the lots to have something to fall back on if the world continues to turn upside down (they could sell one of the lots); and the code definition does not limit dwellings as principal structures in residential districts. Mrs. Scozzari said they have one employee that comes to their house every morning; they have a unified lot next to her house where she keeps her trucks, and a boat. They are trying to do this the right way. The City Attorney asked for a meeting pause to speak to the Community Development Manager. Staff Summarization The Community Development Manager stated the City did not acquiescence to the absent unity of title because the City did not realize there wasn't one and staff proceeded to advise June 24, 2020 Board of Adjustment, CRA, and Regular City Council Meeting Page 5 7:24 pm 7:27 pm the applicant on the procedure to correct the unification to eliminate non -conformities on their property. She said Mr. Saproun is correct in that the code does not say, in a residential district that a residence is the only allowed primary structure. The RS40 district allows other uses such as churches to be primary. But it does not allow storage facilities as permitted or conditional uses in the residential districts. She went over the criteria required by code to approve the variance to which staff felt the request did not meet. (See attached) Board Deliberations Mr. Gilliams asked if conditions of approval could be attached to the variance. The City Attorney advised there could be; as well as restrictions. Mr. Gilliams asked if a condition could be that the lot would stay single but future owners would have to own property within 300 feet. The Community Development Manager stated the lot could be sold to a different owner but she wasn't sure if they could impose restrictions on who a new owner could be. Ms. Parris said the omission of the word only (in definitions) led her to believe that the bam could be considered the principal dwelling; the family is considering safety and liability, it was only fair to vote in favor of their request. Mr. Hill stated they cannot grant the request; it is not an allowable use. He noted that staff Is willing to work with the applicant to get the fence around their property. Vice Chairman Mauti asked what the difference was between a storage facility and a garage. Mr. Hill replied the unity of title is critical so the storage facility becomes the accessory structure to the home. Vice Chairman Mauti said the applicant could put up a fence on one side, receive a permit from the neighbor in the back and have his fence; he just won't receive his stand alone building; and it could go on for another 20 years. Chairman Dodd said the one thing the City can't do is to provide exceptions to the code because it is convenient, they should change the code instead of allowing exceptions. He said the code is very clear that every time, a person asks to build a garage or storage facility the property owner is required to have a unity of title. He said he couldn't support this option because a storage facility is not defined as a primary structure; he said they could change the code to open up the residential areas to commercial development. MOTION by Mr. Hill and SECOND by Chairman Dodd to deny Mr. and Mrs. Scozzari's application. Mr. Gilliams said he could list three or four properties on Indian River Drive with variances; based on who someone is, there are waivers and favors. He said he would deny Mr. Hill's motion. Chairman Dodd noted that he didn't believe he ever said he wouldn't support this because he doesn't like the guy but because it doesn't fit the code. June 24, 2020 Board of Adjustment, CRA, and Regular City Council Meeting Page 6 7:53 pm 20.080 Chairman Dodd called for a break at 7:40 p.m. and reconvened the meeting at 7:46 p.m. All members were present. The motion was to disapprove the request to define the accessory structure as the principal structure on the lot; a yes is to deny the application. Roll call: Vice Chairman Mauti - nay Mr. Gilliams - nay Mr. Hill - aye Ms. Parris - nay Chairman Dodd - aye Motion failed. 3-2. MOTION by Mr. Gilliams and SECOND by Ms. Parrs to approve the variance for Joseph and Julie Scozzarri in regards to lot 26, block 381, Sebastian Highlands Unit 11. Roll call: Mr. Gilliams - aye Mr. Hill - nay Ms. Parris - aye Chairman Dodd - nay Vice Chairman Mauti - nay Motion failed. 3-2. Mr. Gilliams started to make a motion to include a condition that if the Scozzaries would sell the property, they would have to sell the lot to someone who lives within 500 feet of the structure. Chairman Dodd said he wasn't sure how that could be stipulated as the code was clear. The City Attorney advised that the City's position outlined on pages 11-51 of the agenda backup were to be included as part of the record. 9. Recess the Board of Adjustment Hearina and Convene the Communitv Redevelooment �— Aaencv Meetina Mayor Dodd adjourned the Board of Adjustment Hearing and convened the CRA meeting A. MOTION by Mr. Hill and SECOND by Vice Chairman Mautl to approve the F ary 2r� 6, 2020 CRA Meeting Minutes passed with a unanimous voice vote. B. grove Sidewalk Replacement at Riverview Park and r the Timoth Rose Conlractir o. Inc. Concrete Construction Service Aoreementin� Amount of $78.62 .36 and Authorize the Citv Mana pr to Execute the Aooroorlete Documents (Transmittal. Quote. Bid. Plan. Minutes Excemt) The City Mana r aid th-� a sidewalk replacement Is part of Riverview Park tree protection plan tojemove existing sidewalk and replace it with a more substantial sidewalk. In regard bidding process, the City Manager explained that the City does multiple year contracts June 24, 2020 Board of Adjustment, CRA, and Regular City Council Meeting Page 7 Ma SE13T�v HOME OF PELICAN ISLAND BOA MEETING DATE BOARD OF ADJUSTMENT AGENDA TRANSMITTAL June 24, 2020 AGENDA ITEM TITLE: Scozzari Variance Request RECOMMENDATION: Conduct a quasi-judicial public hearing to consider a variance request for the property located at 1411 Thornhill Lane, Lot 26, Block 381, Sebastian Highlands Unit 11 Subdivision BACKGROUND: A variance to allow an existing 1,728 SF accessory structure to be considered the principal structure of the lot for storage use. The code defines a dwelling unit to be deemed the principal structure in a residential zoning district, and the code does not allow a storage facility [as the principal structure] as a permitted or conditional use in the RS-10 zoning district. Storage facilities are a permitted use in the Industrial zoning district. In accordance with Section 54-1-2.5, staff has provided a report detailing the request, applicable exhibits, the criteria established for determining variances, along with additional information to assist with your consideration. ATTACHMENTS: 1. Staff Report and Board Criteria 2. Exhibits A through J 3. Application 4. Public Hearing Notice If Aeenda Item Requires Expenditure of Funds: Total Cost: NIA Amount Available: NIA If Cost Requires Appropriation. NIA City Manager Authorization: Date: June 18, 2020 11 of 113 cm OF SEtokV HOME OF PELICAN ISLAND Community Development Variance Application - Staff Report 1. Project Name: Scozzari Storage Facility 2. Requested Action: A variance to allow an existing 1,728 SF accessory structure to be considered the principal structure of the lot for storage use; whereas the code defines a dwelling unit to be deemed the principal structure in a residential zoning district; and whereas the code does not allow a storage facility [as the principal structure] as a permitted or conditional use in the RS-10 zoning district. Storage facilities are a permitted use in the Industrial zoning district. (Exhibit A, Land Development Code (LDC) definition of a principal structure) (Exhibit B, Table 54-2-5.9 Land Uses by District Matrix for RS-10 and 1N) 3. Project Location a. Address: 1411 Thornhill Lane b. Legal: IRC Tax Parcel ID No. 31-38-25-00001-3810-00026.0 Lot 26, Block 381, Sebastian Highlands Unit 11 4. Project Owner: Joseph & Julia Scozzari 1401 Thornhill Lane Sebastian, Florida 32958 (772) 388-7453 5. Project Agent: Michael Sapoutn, Esq. Law Offices of Michael Sapourn, LLC 100 Rialto Place, Suite 700 Melbourne, Florida 32901 (321) 537-3175 6. Project Surveyor: William B. Zentz & Associates, Inc. Bill Zentz, PLS #5276 684 Old Dixie Highway Vero Beach, Florida 32962 (772) 567-7552 7. Project Description: a. Narrative and history of proposed action: The applicants purchased their residence at 1401 Thornhill Lane in 2003 (Lot 27), and the adjacent vacant lot to the north in 2013 (Lot 12 of 113 28). A few months later, in 2014, the two lots were formally unified together and a 288 SF pre-fab shed and fence were installed. Five years later the applicants purchased the three adjacent lots to the south (Lots 26, 25, & 24), two with improvements, and the southernmost lot vacant. (Exhibit C, Aerial, Parcel layout & Survey) The middle lot is improved with a 1,500 SF house built in 1980 (1421 Thornhill Lane, Lot 25), and on the lot to the north, Lot 26, the subject 1,728 SF accessory structure was built by that owner in 1994 as a detached garage with a connecting breezeway. LDC Section 54-2-7.5(a) states "No accessory structure shall be constructed or placed upon a lot until the construction of a principal structure has been started and no accessory structure shall be used unless the principal structure has received a certificate of occupancy." In 1994, when the resident of 1421 Thornhill Lane applied for his building permits for construction of the subject detached garage, city staff used at that time a "Route List" and a "Zoning Compliance Checklist" to process most building permit applications. Based on those documents found with the accessory structure's application, (Exhibit D, Permit application) (Exhibit E, application checklists)(Exhibit F, Inspection card), it appears a recorded Unity of Title form was required and submitted in order to unify Lot 26 to the principal structure at 1421 Thornhill (Lot 25), and that all other regulations were met in order to issue the permit. After the permit was issued, applicable inspections were performed. When the applicants contacted staff a few months ago inquiring if it was possible to join the detached garage to their property, staff relayed that a Release of Unity of Title separating Lot 26 from Lot 25 would most likely be needed, and an application for a variance would be needed since the existing detached garage did not meet today's regulations. However, after a considerable amount of research time, staff was unable to locate the recorded Unity of Title document that was required with the building permit in 1994 - not in the Official Records at the courthouse, nor anywhere within the city's property files. As such, it has been determined that the detached garage located on Lot 26 is not formally connected with any principal structure, and therefore is a non -complying structure and in non- compliance with the above referenced LDC code requiring a principal structure. On February P, 2020, the applicants submitted an application for a previous variance request to be able to unify the detached garage to their residence at 1401 Thornhill Lane as the required principal structure. On February 12t11, staff was also given and reviewed an application for a fence pen -nit on Lot 26, the non -unified Lot with the detached garage. Because the property is not currently unified with a principal structure, and a fence is also defined as an accessory structure, staff can not approve the fence permit as it would be an increase in the existing non -conformity of no principal structure. After reconsideration by the applicants, the variance application was formally withdrawn via an email on May 23`d by the applicants' attorney, Mr. Sapourn, and a new variance request was submitted on June 1st. Staff requested, and a clarification of the new variance application was received from Mr. Sapounr. (Exhibit G, 613120 Email) The applicants are currently requesting a variance to allow the subject accessory structure (1,728 detached garage) to become the principal structure of the property to be used for oil 13 of 113 storage use as a storage facility. Storage facilities are a permitted use in the Industrial zoning district, and not a permitted or conditional use in the residential districts. (Exhibit H, Photos of structure). b. Current Zoning: Current Land Use: C. Adjacent Properties: North: East: South: West: RS-10 (Single -Family Residential - 10,000 SF Lots) LDR (Low Density Residential, 5 units per acre) Zoning RS-10 RS-10 RS-10 RS-10 d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: S. Staff Comments: Current Land Use residence residence residence residence Future Land Use LDR LDR LDR LDR .23 acres, or 10,000 SF Accessory Structure/Detached Garage None None 1) If the subject accessory structure is allowed to become the principal structure, and the property remains as a stand-alone lot with no Unity of Title required, potential conveyance and assignment of the lot to a different owner is a possibility. A future property owner could then also use the structure as a private or rentable storage facility without owning a residence in the vicinity. Or the applicants could move from their current residence, and still own the lot and structure and use it for storage from a distance. Staff opines that this is not the intent of the land development regulations for the residential areas, and in fact, the reason why the requirement of a necessary principal structure is mandated. This requirement of a principal structure or main building, is found as far back as the 1974 Zoning Ordinances. (Exhibit 1, Applicable 1974 zoning ordinance pages) 2) As stated in the city's Comprehensive Plan Future Land Use element, specifically Objective 1-2.1, Plan and Design for Residential Quality, Policy 1-2.1.1 states: "Protect Residential Areas from the Adverse Impact of Transition in Land Use. Stable residential areas and moiected future residential areas as delineated on the Land Use Map shall be protected from encroachment by incompatible nonresidential development. This does not preclude necessary community facilities from locating within residential areas when such activities satisfy established criteria of this plan and the City's Land Development Code." Allowing a permitted accessory use (residential detached garage) to become the principal structure as a storage facility would be facilitating the encroachment of an industrial -defined use into a stable residential area. K, 14 of 113 3) With regards to a referenced Unity of Title hardship, numerous other residents have recorded the document to unify their adjoining lots. Land development decisions should not be considered based on suppositions that future bankruptcy may occur. Residents that have submitted building permit applications for larger detached garages for storage of their recreational vehicles on adjacent owned lots, and have recorded Unity of Title documents, also have the same risk to possibly suffer a foreclosure proceeding. However, one can also consider the valuable increase to a property that adds acreage and sought-after detached garages to its residence as not a hardship but a benefit. 9. Board Criteria for Determining Variances: See attached analysis. This criteria was also considered in determining staff s recommendation. Most important is Criterion #i, which states a variance cannot be granted to permit a use generally not allowed in the zoning district involved. The applicants have also submitted a response to the Board criteria. (Exhibit J) 10. Staff Recommendation: Based on existing Comprehensive Plan policies, Land Development Code regulations, and the criteria for determining variances not being met, staff recommends denial of the requested variance. 11. Board Action: Conduct quasi-judicial hearing to consider the requested variance. Dorri Bosworth, Manager/Planner Community Development Department ►s —� LZ D ate 15 of 113 BOARD CRITERIA FOR DETERMINING VARIANCES Section 54-1-2.5 In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must use the following criteria for approving or denying a variance: a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Meets Standard Yes ❑ No V The subject structure can be used as a residential accessory structure if properly unified to adjacent properties either north or south, each with existing residential principal structures. There are no special conditions or circumstances unique to this property which would necessitate the structure to become a storage facility on a stand-alone lot which could be conveyed and used in the future by a different owner. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes ❑ No V The decision to not unify subject Lot 26 with either adjacent Lot 25 or Lot 27, both with principal residential structures, is from the applicants, thus creating the hardship. C. Special privileues not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Meets Standard Yes ❑ No The size of the subject structure (1,728 SF) could not be built today because of current regulations, and therefore the applicants are being given a special privilege not afforded to other property owners in the residential zoning districts, although the structure is existing. However, they applicants would be allowed to keep their existing 288 SF shed to the north of their residence, allowing them a total of 1,016 SF of additional accessory structure space over the maximum 1,000 SF allowed. There are no existing accessory structures in M residential zoning district, within the city limits, that are not connected to a principal structure, on the same lot or lots unified by a recorded document. 5 16 of 113 d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Meets Standard Yes ❑ No C� The subject structure could be unified to either the residence to the north at 1401 Thornhill Lane (with a necessary staff supported variance), or the residence to the south at 1421 Thornhill Lane. A search of court records indicates there is not a mortgage note being held for the southern property. Both residences are owned by the applicants. e. Only the minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Meets Standard Yes ❑ No / Staff opines that there is no minimum variance that could be granted that would support a storage facility as the principal use in a residential zoning district. f. Not incurious to public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. / Meets Standard Yes ❑ No Because of structures like this one, the LDC was changed to the current regulations for accessory structures. It is non -conforming and generally not in harmony with what is visualized for our residential districts. Furthermore, if allowed to be the principal structure of the lot, the intent and purpose of the Comprehensive Plan would not be met. Future conveyance of the lot, and possible use by a different owner for industrial -like activities could diminish the neighborhood and negatively affect property values. g. Conditions and safeguards may be imposed. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 F.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. Meets Standard Yes ❑ No V No conditions of approval are recommended. :1 17 of 113 h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. Meets Standard Yes ❑ No No time limit is proposed. i. No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. Meets Standard Yes ❑ No ***The request is a use -related variance -- Storage facility in a residential zoning district, whereas storage facilities are a permitted use in the Industrial zoning district. *** 7 18 of 113 E,H1 1 LANGUAGE AND DEFINITIONS § 54-5-22. A1_- Porch. An open-air roofed structure surrounded by a railing or other retaining device which is located along the facade of a building at any level. A porch shall include columns, which support its roof and floor. Precision instrument runway. A runway having an instrument approach procedure utilizing an instrument landing system, microwave landing system or a precision approach radar including a runway for which such a system is planned and is so indicated on an approved civil or military airport layout plan, other FAA planning documents, or comparable military service planning documents. Premises. Any land together with any buildings, structures or other appurtenances occupying it. Principal building. A building in which the principal use of the property is located. Principal structure. A building occupied by the principal use of the premises or lot. In a residential district any dwelling shall be deemed to be the principal building on the lot where it is located. An attached carport, shed, or garage with one or more walls or a part of one wall being a part of the principal building andFstructurally dependent, totally or in part, on the principal building, shall comprise a part of the principal building and be subject to all regulations applied to the principal building. Principal use. The primary use and chief purpose of a lot or structure. Proceeding in good faith. Tangible and continuing actions taken by an applicant of an approved final development order to perform actual project construction and implementa- tion leading to completion of a final development plan within a reasonable period of time. k Prohibited or undesirable exotic trees: The following five tree species that if present on the site are considered to be prohibited trees (or undesirable exotic) and are subject only to a verification inspection by tithe city prior to removal: (1) Ear tree (Enterolobium cyclocarpum); (2) Chinaberry (Melia azedarch); (3) Australian Pine (Casuarina spp.); (4) Punk tree or cajeput tree (Maleleuca quinquernervia or Maleleuca Leucadendron); (5) Brazilian pepper (Schinus terebinthifolius). Project area. For the purpose of computing density, lot coverage, and floor area ratio for any project site shall not include public rights -of -way, or land lying below the mean high water line. Project site. That portion of the real property that is being developed. See also: "Development." Protected tree. Any tree four inches diameter (or 12.6 inches in circumference) at breast height (DBH) or more, and shall include all mangroves and exclude palm trees except for sabal palms. Supp. No. 18 LDC22:21 19 of 113 EXHIBIT ARTICLE XXII. LANGUAGE AND DEFINITIONS Sec. 54-5-22.1. General interpretation. For the purpose of the land development regulations, certain terms used herein are herewith defined. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular number. The word "shall" is always mandatory and not merely directory. The word "structure" shall include the word "building". The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used. The word "lot" includes the word "plot", "tract", and "building site". Sec. 54-5-22.2. Definition of terms. Terms not otherwise defined herein shall be interpreted first by reference to the compre- hensive plan and this code; secondly, by reference to generally accepted engineering, planning, or other professional terminology if technical; and otherwise according to common usage, unless the context clearly indicates otherwise. For the purpose of enforcing and administering this code, the following words shall have the definition and meanings herein ascribed: Abandon. To discontinue a land use for a period of six months without demonstrating an intent to continue the use as indicated by the following: (1) Allowing licenses to lapse; (2) Removing meters; (3) Not maintaining structure in a habitable condition; (4) Not making unit available for occupation (i.e. advertising or marketing through a realtor or other agent); and/or (5) Failure to perform pursuant to the terms of an active building permit. Abutting. Having a common border with, or being separated from such a common border by a right-of-way, alley, or easement. Accessory structure. A structure which is customarily associated with, subordinate in size and incidental in use to the principal structure and located on the same site. Examples are tool sheds and garages. Accessory use. A use that is clearly incidental to the principal use, that is subordinate in area, extent or purpose to the principal use and that contributes to the comfort, convenience or necessity of the principal use, and that is located on the same lot with such principal building or use. Accessway. A paved or unpaved area intended to provide ingress and egress from a public right-of-way to a public or private premises, including an off-street parking area. LDC22:3 20 of 113 TABLE 54-2-5.9. LAND USES BY DISTRICT MATRIX C RE-40 RS-20 RS-10 RM-8 R-MH C-512 ' CL CG CR CWR IN Al PS z Restaurants, excluding drive -through P C P P 0 P P C facilities a Restaurants, including drive -through C C P facilities Gasoline sales, retail C C P P P Trade and skilled services P P P P Trade and skilled services, marine- P P related Storage facilities P Skydiving services P Vehicular service and maintenance C C P Vehicular sales and related service P P Veterinary services C C C C P I Wet/dry storage of boats P C P P r dI Wholesale trades and services C P P cn IYacht clubs P P Footnote: Adult life care and nursing homes shall include rest homes and convalescent homes, but no commercial offices or retail uses are allowed unless expressly restricted, designed and marketed only to serve residents of the facility and not the general public. Footnote: In all zoning districts, accessory uses to permitted uses shall be considered permitted uses. In all zoning districts, accessory uses to conditional uses shall be considered conditional uses. (Ord. No. 0-12-10, § 6, 10-10-2012; Ord. No. 0-18-01, § 3(Exh. A), 6-13-2018) " a m- m EXHIBIT § 54-2-5.2.2 SEBASTIAN LAND DEVELOPMENT CODE U_j part of the principal structure. If a fully enclosed garage is provided, then no utility structure shall be mandated. The garage or carport shall have a minimum interior clear dimension of ten feet by 20 feet. Sec. 54-2-5.2.3. Single -Family Residential District (RS-10). (a) Intent: The RS-10 District is established to implement comprehensive plan policies for low -density residential development on lots of 10,000 square feet. (h) Uses permitted: Single-family dwellings Foster care/group homes with 6 <_ residents Accessory residential uses Home occupations (c) Conditional uses: Foster care/group homes with > 6 residents Model homes Child care services Schools, public or private Churches Utilities, public and private Parks and recreation, public Protective and emergency services, public Accessory uses to conditional uses (d) Dimensional regulations: (1) Maximum density: One dwelling unit per 10,000 square feet (2) Maximum height: 25 feet (3) Lot coverage and open space: Maximum building coverage: 30% Minimum open space: 50% (4) Lot dimensions: Minimum lot size: 9,500 square feet Minimum lot width: 80 feet Maximum impervious surface: 55% Minimum lot depth: 100 feet (5) Minimum setbacks. All development must comply with requirements for setbacks from wetlands and open waters established in section 54-3-11.1(c). Front setbacks 25 feet Secondary front yard setbacks: 20 feet Side setbacks: 10 feet Rear setbacks: 20 feet Supp. No. 3 LDC5:6 22of113 ar` - EXHIBIT cl 1�1'l1t7•. t+r _/ �• _ _ dr• S� ���``rY 4"Y' _ - 20. 47t. � � ice.•', i'.; J1 - 3lT.y '1i�",-- pp ON e'd�j•.r it K w'-+•- r - - ,- AO r AM I! J.41 i- '� ' '�- +C �W .w r 4°r.„� •- f ^' .r �Sf Ap ' 401 Tharnhil Lr L� , _��:. In �."��S' + �r�+�gyrp•�u• •�, � r � 3 • + ' ff GOO�f f t r ra G �� F 4J .t _ �i �'et,Y-,! a� Y •~y 100 ft EXHIBIT . Thornhill Lane - Scozzari C �- 1771 Iin � 13.s* 2.42 ,1�A 2tia Z i t;ri Yy�1 :;•► 171Q 77tb 4�9 171i1:N 2.17 l311 7N6 =;3 1�01 1�16 13]2 Ya.7 2■g 17711 - 2-ts IA �s 247 1>tAr 1�4R 2;2 2nn f11A 1112 1?33 ' 214 AM ".43 A7 i7So 1�6u Tn� 17 11.0 *: • gas +. sa A;�7 TAWi�,ts 1351 1>jli6 2;4 /�" 1ale It1 4:3 1793 7�77 t.74 Ir,,o 1�n -9 1,!41 1y90 1^771 - 17." tt3 t"6 ,i /!is 1�07 4.-7 11g5 lag 1;1 I- 1417 t�q 1'l,R2 'IAA 417 1}H •1Vv 1-0 11 �/ tx, 7},72 1!3i .l A'g'0 ?a 1R lib fr17 77�R llrlf ,lo 444 7507 1f,T3 t1�171 1!s " 1 V1 1 TI 441 an, 1!15 IOTA la3 a•, 7M1 1+M7 1071 11` fxy 1%r 1„ t!!m 1r1R ° - IM ,A11 1� l i"7i fr1 I.V i+Ir1 1 r tivg tlfs S,i2 t�44 tOH 1!7 t'r1 togs 1�t6 1171 , S1r 1001 1T0 1S9 143 �!9% tr16 ITR .,a tat 1136 1441 tRy •t, . ISO tl7t 1T3 _ . 7t1 3/10/2020 3:30:21 PM - 1:2,257 Override i D - MH (Developed, Mobile Home Residential) 2nd, Not -Recognized Address used at Location 0 0.03 0.05 0.1 mi Address O D - COM (Developed, Commercial) t._.i Municipal Boundaries 0 0.04 0.07 0.15 km �+ D - SF (Developed, Single Family Residential) D - AGR (Developed, Agriculture) Subdivisions IRCGIS, IRCPA. IRC Planning Oapl. IRCGIS. IRCPA D - MF (Developed, Mull: -Family Residential) W D - Other (Developed, All Other) Parcels D - GO (Developed, Group Quarters) U - Undeveloped Mobile Home Parks IRCGIS t 'IFi�4N17LC 14�IE so ;Rtj FMa a{e'w�C fWIS/L'IA - -4----__. Mn,e/e'IP,C �( -/ �• •. b 5A'(P} I swAte ,s �LAsnc Pie[ = nsnR� slrur t-w- __ ,X_ ibrb^E 326.i3'/(Ai) S a �L' a3o.24'(i,1) I _,• BO.a1T' 6O'(P) _-_� _ -ld•/ l-- �-� I I � f I I IT �--- -- -- ---- I i I I N ' •" T T 7s BLCPr JPI I i I 'r �.-• i aj I I I I` °i rV for sz RLCL'ir a9r I (or 25. etaW Jer n 1 I I 11.52' ._ =':'' I , I 1 25.02' 18.32{ 1 I WF 24 M— ry I 2M hr" I r'v �zao-t 4' arm r>atr.T I A /� _ .!.• ar�,rwl 11.58' � � eIFR - r_a_'✓l� I I F 35.7r I i_I . I - ",j I I �' �,'�YG&S/M i �i ��/ ,= ;,1��,�.t��•�"���� vimP, �oPxr a�.�zmr°r cal ,II5ri 24.86i ♦�/ I l l ����/�/� 1' //n427/ ' al I I I I11.04' 43.0' 20.0' I seXrr Imo' IiV6D FFHf� E VnCry k � � � �r Ih N } %/j mruu4 F 41FNr � FN�aRAAE� �( T.Aav11 !r1 I axe]L . L — �- L — — v s' Noon /cr+eE ;AwPu c wa, e k ..�. — — �i ` waue 'nun'. .on - OBA73' Pe'fP (} aNNMAW en IWT IP'-Ao RYi""' (Pl"" - -` eRIUHARX EASEIIQIr (P) "a`' an BrA(i IA.Vwnul�rr�il a _ — — — — — -- a O _ _ I MP.I/#'le/a IV P41BUC VRNY 4 I le' WRnC V111.ITY 4 I . - _ . 9a.033' wYP! .. -.--'8ao]3' ' (P� . N34'2O 2O N! IIA\\ 326.13'(!A) r��� �f' AANN WIK MCC . - v I y FPO.sIYw/G 3201P) FND.b/a'MIfC [I r,enn� "MPN 4H6 !Ar ], fKOCK 3bl Lor & BLfK:Y Ses lot 9, lot dGK 381 taT IQ &dIX J81 LEGEND SYMBOLS gT 5/e" DAMFIRON WPSPPOBZLaB- BAO 1eP aWaappl UGF7 Pp .IR/C-Si CM-ro£MONUE T,Ha 1.0. C.O.S,-CQuCRETE BLo(x Mum RE WOWEH Pow9T PIXE r.PP-CORW0.rEO PLASRC Pipe ++ tl - WATER PIETIES W-CORRUGATrO mlrr1 PIPE oR9.-CTFIOAL RECORos Book BE u - ELEcma Rsat BOX Oe/C- Imon ROO ra1H CAP I.P.-IRON PIPB• HO t.a _n - CABLE lY RIffR 5U% I.R.-IRO11 Rae, NO I.B. em - TMOHDME RSER BOX 011W-UVERHEAV PARES A/rrAIR 006113 MING O G SANITARY MPHPIXF A/W-RIGHY ,WAY t Q. STORM MANAoE coHc'-CONCRFTE (M)-Mr Ron F- = GUY ANCHOR (R).PUT - CFNtrAUHE (C}4CAI.W'TE I a0[e.-CORHER n n.-'FWRD COY.-aaVEREO ENT. -ENTRY NOTES: GRAPHIC SCALE 1, This survey allnot reflect ar detersnlne awnervhip. 0 10 20 pp 2. Lands shown hereon were not obetracted For eghis- of--way or easements of record. 3. Reproductions of this drawing ore not valid without the (IN FEET) 1 Inch-26 R, original signuture and sari of a Florido licensed Surveyor and Mapper. 4. Svrvegg site Ilea In Flood Zone 'X' per Flood fnauronee Rate Map no. 12O61C0113H, dated December 4, 2012. CERTIFIED TO: 5. Underground utilftlm and Improvements were not located. - Joe.epH Seozxorl 6. All boundary measurements shown are consistent with platted dlmenalons Pniess otherwise noted. Wiifit m S. Lentz & AssoeiateEB, Inc. 1�x"at eroaerec,areysagmJwlPFJag c[nnnrn'rc orAulzloHQ,Ir1oN (usl rlv. rsto sea on owe wRN-ar v�Oeea,, n Taaz mzT sfrassx NAIL 4 IA. BEARING BASIS FOR IIHIS SURVEY (PER PLAT) 5T5'(P) y � N34'2a'9O-W 175.PC(M7 Je! I I 26.83' I I I I a 26.95, Ir�reanlr. �SMIC s»1Ya�G1?eW LEGAL DESCRIPTION Lots 25, 26, 27 and 28, Block 361, SEBASTIAN HIGHLANDS UNIT 11, according to the Plat t as retarded in Piat Book 7, Pages 56 and 6A through 56L, inclusive, of the Puhllc Recor of n lndian River County, FlPrlda. �'IV�SWLL DATEYB*6NTIIim 44 a. sAr I2/s/sa ws REYISioN ' Boundary Survey I for Joseph Scozzari aPAVN sr nPerme. crew woe .na rA. W.Bz w2 sAr44 11/26/0 2oI-T22 EX CITY OF SEBASTIAN LHIBIT APPLICATION FOR PERMITS D �! EM D APPLICANT TO COMPLETE ALL ITEMS IN I, II, III, UNIT / f 1. LEGAL DESCRIPTION: LOT BLOCK 3 8 I SID S�C3ASTrs�.rl fig%G�f s CONSTRUCTION ADDRESS: -5 /��'I l q2 T� C� �' ^, �", I( I INDIAN RIVER COUNTY TAX PARCEL #: - - IT. CONTRACTOR: (,U /UcQL!/L2 PHONE: ADDRESS: CITY STATE: ZIP: STATE REG #: III. OWNER OF PROPERTY: ro 'Box ADDRESS: jIYZ/ ,.SIW LAI CITY: ST: FL DAYTIME PHONE NUMBER: .5-S-F- (13 7 ZIP: 3 al"5 IV. TYPE OF WORK: NEWy ADD./ALT. REPAIR DEMOLITION RESIDENTIAL: `� COMMERCIAL: MULTI -FAMILY DESCRIPTION OF WORK: 40h G-Rk46-"c— �� 7r z,� Ga.vNii-r,�-TtaV r-o PUBLIC SEWER: YES NO f PUBLIC WATER: YES NO TOTAL SQ. FT. 12291 = CONDITION U + NON-COND. ESTIMATED FAIR MARKET VALUE $ TOILETS BATH TUBS TUB/SHOWER WELL LAVATORIES WASH.MACH.HOOK-UP SERVICE AMPS A/C TONAGE DISPOSAL LAUNDRY TUB TEMP. SERVICE HEAT STRIP SHOWER KITCH.SINK WATER HEATER HOSE BIBS DISHWASHER OUTLETS/SWITCHES Wr3E' APPLICANT MOST COMPLETE PAGE TWO AND SIGN PAGE THREE PAGE ONE 26 of 113 PAGE THREE D EXHIBIT APPLICATION IS HEREBY MADE TO OBTAIN A PERMIT TO DO THE WORK AND INSTALLATIONS AS INDICATED. I CERTIFY THAT NO WORM OR b 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 WORNMAN'S COMPENSATION. I UNDERSTAND THAT A SEPARATE SUB -PERMIT MUST BE OBTAINED FOR ELECTRICAL, PLUMBING, MECHANCIAL, POOLS, ETC. PROPERTIES SHALL BE KEPT CLEAN OF LITTER AND ALL STREETS, SIDEWALKS, AND CURBS DAMAGED DUE TO THIS CONSTRUCTION SHALL HE 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. ti WARNING TO OWNER! YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFO E ECORDING YOUR NOTICE OF COMMENCEMENT. IGNATURE ODE' OWNER OR AGENT SIGNATURE OF CONTRACTOR D TE : d 9 DATE: OTA�S TO OWNER'OR AGENT NOTARY AS TO CONTRACTOR MY COMMISSION Ex MMISSION EXPIRES: *m 1D HOLM 1� W 3d�117 DO NOT W OFFICE USE ONLY BUILDING PERMIT # ZONING �d TAZ APPLICATION RECEIVED BY :D DATE / /�*EP�je' PLANS CHECKED BY: �Y_ ,5"10�1`4 ISSUANCE B FLOOD ZONE: SLAB SURVEY REQUIRED: ------------------------------------------------------------------------- FEES BUILDING PERMIT PLUMBING PERMIT ELECTRICAL PERMIT MECHANICAL PERMIT RADON (STATE) OTHER TOTAL FEES 27 of 113 �-AARnn a-IO.IITi �•InnTrY t..R Frn .R+.re nrac i mliYnen +- IT'�na nnu nr•unKnry ` YAr-WniF-r�• ��- n f� '']] f� ra�/in�vi � �Mx^I�r 1JJ nE-NYllnnn R £-fMIwfMTA � V u�ARXIED `dN YI�rYR x,vni catTiFlCATE I NEPEBT CERTIFY 1NAY THE A7TACHEU SKETCH OF SURVEY OP THE HEREON DESCRIBED PROPERTY IS ]RUE AND CORRECT TO THE BEST Or uY WNDALEDCE AND RELIEF As sURVEYo UNDER MY OIRECROI. I FORMER [ERT} TNAT THIS ELM" NEE75 THE W4WUN IEC}RICjW STANDARDS FOR LAND SURMEYING IN TIE STATE OF rLORIDA(OIAPTER 21HH-6 fhG) PURSUANT TD SECTON 472.027. FLWOA STATLMM SUB.IECT TO THE OUA nCATIOS NOTED HEREON. E.`URS'T' PTOn�®nRONAi. ]%Fa aimv-�ygT signms JL�OIYSrtns�gN NO u16 co o -- 0 w Ip -,7T- 8 -cr siy 6a b' u. U, � t441v) zi 4" `Q' aO" �, 60. L R IC" LML rE:aTAI G'SM-r �F o 'Tr-L.ebx °_ —� N Ali ku waoo � Ij O�� Ll .. 2✓ fl L� L Z o g' 3V .3 3 Y C 1-D ve- Fca C LL- i '�"..I E �s `� CGio P./w) A"FwANY; o) I L ar 8 i�r L=TT 2a f(f/ �olJ�If�rL\! FiAYHUR9T LAND SLTR1'EYIT*TG INC. 7ouwen pG. 7� 1 1:..11,12Ta 9iI'FtVEYI2K6 CdMpANY QN0® B7E 1122 OLD ppCll: HIGHWAY 9VIT8 1 H—z VB.k�Q HH"ACH, FL. 021DI52 PHONE: (407) 569-6680 FAX: (407) 770-3446 y DATE: €ILOCA-flbiV M" f/ INT. T.S LEGAL DESCRIPTION: ALL OF LOT Zb ,BLOCK 361 �cl-�`7•i1A.r.1 �ilvl-l�lJhs UnIIT Il ACCORDING TO THE PLAT THERECF AS RECORDED IN PLAT BOOK -7 , PAGE 5�0 OF THE PUBLIC RECORDS OF INDIAN RIVER CO., FLORIDA. SAID LANDS LYING IN INDIAN RIVER CO., FLOPJDA. CONTAINING O. 'J ACRES MORE OR LESS SUR NO S: 1. LAN S S OWN HEREON WERE NOT ABSTRACTED FOR RIGHTS -OF -WAY AND/OR EASEMENTS OF RECORD. 2 " P.C.P.' INDICATES PERMANENT CONTROL POINT. 3. ELEVATIONS (IF SHOWN) HEREON ARE RELATIVE TO N.G.V, DATUM. UNLESS OTHERWISE NOTED_ 4. REPRODUCTIONS OF THIS SKETCH ARE NOT VAUD UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 5. NORTH ARROW SHOWN HEREON IS �f�' ATNORTH_ CERTIFIED -ro: Tot7o rl�dru�L.c7 REASONS: FLOM ZONE PNL No, I 2061 Coo-i aE I I I IT T l tip 1 CµpFtD I 3 �t 2a•1� m x %E. FRAME SYMMETRICAL ABOUT I . no yl �. 24 1 - I ?K INDICATES THE LIICATION OF NI/ a 1x1x18LSTRAP R 45 DEG. EACH SIDE TO PURLINS / OR GIRTS. P = 750 4 TENSIDN/BRACE Ln I\ y I ^I N I \ N I� ss• to' d w TRUSS DIAGONAL 34 'DIA 5CLID CfYPJ 36'-V X LEG DIAGONAL 58 'DIA SOLID (TYP.) DESIGN CODE DESIGN LIVE LOAD DESIGN DEAD LOAD BASIC WIND PRESSURE FRAME SPACING MATERIALS - ANGLES - RODS - BOLTS 2-Us 112x1L2x316 + 34 •DIA TYPICAL ±4.+K— Zj I +I..5 K(UPLIFT) T -9.4 K pa¢ ft ( 36-14 STg3.J DARo 30 PSF 5 PSF 24 PSF 12'-Q C/C �o KSI 50 KSI ASTM A325 D� r � Q Z L Cr = w a tx N Q � LL U Y a 4 W Z U c" Z � C � zc y C w _ �[30/24 t7 47'-71TO fl/S OF COLUMNS 35-7' s ~ Wa�N f E PROVIDE PURLIN CONNECTION TO TRANSFER WINDLOAII FROM ENDWALL P = 327 #/PURLIN y Zu kA 5 SIDEWALL ELEVATI❑N. ER❑NTWALL ELEVATION SEE 5 OF " 0 F a � U - U W BRACE 6'DIA. z SOLID (TYP) P = (o.pK TENSION a>0< a Li z U� Of 'r m �" d Y' y 6 L 2 d STDEWALL ELEVATI❑N ,EARWALL ELEVATION 2.1� - 0 SEE 5 OF 5 W J SCALE W EXHIBIT E1 ROUTE LIST: Applicant fI Lk) 5-U EH�J Address I LIZ! T1)o, r ) r (1 Lu>nE Lot 25 W, Block � �I Unit � { ############################################################# Received: Date ���- � T Time im Approved for Comments: wii( b} ,,v,o0 fro 0� �cfit Permit By , ���% Released Date ✓" (��`�� Time #########################################################c#�### Contractor Licensing: Review Date 5-16) -9q Time O'.9;0 Comments; 0 _�4 . A-) By V Rel eased Date~ C t,--C i Time Q•� 5 ############################################################# Zoninq: Review Date J _��r�� Time - By Released Date Time L-ZO Plan Review: Review Date �� �( Time Comments: /19 lop By �j�1�' Released Date Time rl—)a ############################################################# Permit Issuance: Review Date 15-12-- 01 C Time Comments: By ��� Released Date l Time 3 ############################################################# 32 of 113 E2 U ZONING COMPLIANCE CHECKLIST Lot 2`-1-2-(Q Block 3? Unit I ( Sub 5 !T ` Street Address ��{ Z i TV-\a�-h h.'I I L,�,- En�� Approved Denied 1. Zoning 2. Setbacks ........................ 3. Coverage ......................... 4. Septic & Well Location ........... 1JPr 5. Garage/Carport Size .............. T,.),A 6. Plot Plan/Survey Agree ........... �) A 7. Height ........................... 8. Driveway .......................... NA 9. Minimum Living Area ............... rjPr G )DO Calculation of Lot Square Footage: Sok I25 �z Total Square Footage of Lot ...................... 2,0000 Maximum Coverage at � o ...................... tP bd 0 Existing lot coverage: } House with Garage or Carport ..... /Ll99- Screen Enclosure ................. Room Addition .................... Shed ............................. Other ............................. Other ............................ Other ............................ Total Existing Lot Coverage ...... Additional Proposed Structures Total Existing and Proposed ............... 37 LI 30 ALO":- 2, W Li? 0 kL- 33 of 113 EXHIBIT F Wiliam Stevens �: BLOCK 381 LOT 25 '_ 26 D�1��� Seb. Hi. Un1 PBI 7-561 1421 SW Thornhill Lane Sec. 25 T31 R38 CBS $31,000.00 i Reroof (Walker) Permit# 94-00931 Io/J-9 5/12/94 Addition -Garage & Carport PUILDING PLUMBING S�a�b2(0 °�� G('� (Homeowner FOOTING ROUGH-C' `� ¢ +�r, Permit No. 94-02714 iat day �� 12-12-94 'In -,7. 6' Stockade Fence (owner) ZL.AP -r�ppRr(, TIE TEAM COLUMN STAIRS CANOPIES FRAMING ?" /r FINAL TOP OUT FINAL /7 " 000 6r-'-) ELECTRICAL TEMPORARY SLAB ROUGHO;rY; 4 l i / Permit No, Budding''" E> Plumbing if Electric h-Ll t, Septic/Sewer Well FINAL SERK. Block l Lot JS��� Owner s E't/��f� co allI ,4� 51D Address 'F1at ' J Contractor Utilities Jjgrn(,( r 34 of 113 Dorri Bosworth From: Michael Sapourn <michael@sapournlaw.com> rEEXHIBIT Sent: Wednesday, June 03, 2020 7:25 AM To: Dorri Bosworth; 'JOE SCOZZARF �- Cc: Lisa Frazier, Michaei Sapourn Subject: Re: New Variance App CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dorri, The Scozzaris are applying for a variance to accept the building at 1411 Thornhill Ln. as a principle structure for storage purposes on its own lot, with an approval for a permit to be able to erect a fence for subject property on the North south and West boundaries. We believe all building setbacks on the property are within today's building code standards. This building is a free standing building on its own lot with no encroachment on any side, and has been there, "as -is" since the mid to late 80's. The fence is desired to keep the property free and clear of trespassing, dumping of debris and any other liabilities arising from the absence of a physical barrier. The hardships are clearly stated in the Variance App. It's our position that the existing structure is a "principal structure" as defined below. Principal building. A building in which the principal use of the property is located. Principal structure. A building occupied by the principal use of the premises or lot. In a residential district any dwelling shall be deemed to be the principal building on the lot where it is located. An attached carport, shed, or garage with one or more walls or a part of one wall being a part of the principal building and structurally dependent, totally or in part, on the principal building, shall comprise a part of the principal building and be subject to all regulations applied to the principal building. Principal use. The primary use and chief purpose of a lot or structure. Structure. Anything constructed or erected with a fixed location on the ground, or attached to something having or requiring a fixed location on the ground. Structures shall include buildings, mobile homes, walls, fences and signs, paving, sidewalks, utility transmission towers, and other similar improvements Michael Sapourn Law Offices of Michael Sapourn, LLC 100 Rialto Place, Suite 700 Melbourne, Florida 32901 35 of 113 EXHIBIT rw t IV nw 'NOW " w0ph, A W. Aw, I . Am J1 ; -�fV'.1 "�� � •�Ltk�.• `a t' � - � i� -�:_-. ��} 1tI�S ' '/I I�j� �,, i�., R ,. fr�`y+'', z"i:�� s �ti �:�r§ f j�''(yi,lt f� !1 , R'. { a. �r1r.eYti ter �; i w.I�rl�fFF��:''' ,,1,1LSI� , X+ 1� +��+'i47Rrt i _4__:4. r. Vie.{�_ 'y :, •r - _ r _ 1 CITY OF SEBASTIAN ZONING ORDINANCE AN ORDINANCE REVISING ORDINANCE NO. 159 AND NO. 202 OF THE CITY OF SEBASTIAN, AID ALL AMENDMENTS THERETO AND RELATING TO ZONING OF THE CITY OF SEBASTIAN, AND ENACTING IN LIEU THEREOF A NEW ZONING ORDINANCE TO PROMOTE THE HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE INHABITANTS OF THE CITY OF SEBA.STIAN$ FLORIDA; TO FACILITATE THE ADEQUATE PROVISION OF TRANSPORTATION, SEWERAGE, WATER, SCHOOLS, PARKS AND OTHER PUBLIC REQUIREMENTS, AND TO REGULATE AND RESTRICT THE LOCATION AND USE OF BUILDINGS, STRUCTURES, LAND AND WATER FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSE TO REGULATE AND RESTRICT THE ERECTION, CONSTRUCTION, RECONSTRUCTI6N OR ALTERATION OF BUILDINGS; TO REGULATE AND RESTRICT THE HEIGHT, NUMBER OF STORIES AND SIZE OF ALL BUILDINGS AND STRUCTURES AND THE SIZE OF ALL YARDS AND OTHER OPEN SPACES SURROUNDING BUILDINGS; TO REGULATE AND RESTRICT THE DENSITY OF POPULATION,•AND FOR ALL SAID PURPOSES TO DIVIDE THE CITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREAS AS MAY BE BEST SUITED TO CARRY OUT THESE REGULATIONS; TO ADOPT A ZONING MAP OF THE CITY OF SEBASTIAN; TO PRESCRIBE PENALTIES FOR THE VIOLATIONS OF ITS PROVISION) TO PROVIDE FOR CHANGES AND AMENDMENTS; TO PROVIDE FOR ITS ENFORCEMENT; TO PROVIDE FOR A BOARD OF ADJUSTM2NTS AND TO PRESCRIBE THEIR POWER AND DUTIES. WHEREAS, the Council of the City of Sebastian deems it necessary in order to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote the health and general wel- fare; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements, to make and promulgate such regulations with reasonable consideration among other things, to the character of the district and its peculiar suitability for particular uses, and to conserve the stabilize property values and encourage the more appro- priate use of land throughout said city in accordance with a comprehen- sive plan. For the purpose of this Ordinance, certain terms and words are defined as follows: Y All words used in the present tense include the future; words in the singular number include the plural and words in the plural number include the singular;.and,words "used for" shall include the meaning "designed for"; the word "building" includes the word "structure'?; the word Blot" includes the words Itplot1t, "tract", "site" and "space" and the word "shall" is mandatory and not directory. ACCESSORY USE OR ACCESSORY STRUCTURE: A use or structure on the same lot, with and of a nature customarily incidental,and subordinate to the principal use or structure. AIRPORT OR AIRSTRIP: Any run -way landing area designed, used, or intended to be used either publicly or privately for the landing and taking off of aircraft, including taxiways, storage and tie -down areas, hanger and other necessary buildings. EnHISIT � r - 1 - 41 of 113 G. II . I. J. EXHIBIT AUGES60RY BUILDINGS: 1. Ao accessory building shall be constructed upon a lot until the construction of a main building has been started and no accessory building shall be used unless the main building is in use. 2. No accessory building or structure shall be located in any required yard area 3. No mobile homes, travel trailers, or old cars shall be permitted as an accessory building. No accessory build- ing shall be built without a permit being issued from the City Clerk expressly designating the type of acces- sory structure and if the City Clerk is in doubt as to the type of structure of added accessory building, the Clerk shall immediately forward same to the Planning and Zoning Commission for their approval prior to the issuance of said permit. ABOVE GROUND STORAGE OF GASOLINE AND OTHER COYD6USTIBLE FLUIDS: This is subject to the compliance with all ordinances of the City of Sebastian, Florida pertaining to ground storage of gasoline and other combustible fluids. MALLS AND FEHCES: Structural walls and fence: not exceed- ing five (5) feet in height, except barbed wire fences, are permitted in required side and rear yards of all districts. Nigher fences and walls in required side and rear yards, all barbed wire fences, and fences and walls in all required front yards may be authorized by the City Building Inspector, who shall first determine that they will be visually compat- ible in the area where they are to be located. NONCONFORI-IING LOTS. NONCONFOR11ING USES OF LAND OR STRUCTURES, NONCONFORI4ING STRUCTURES AND PREMISES: 1. Continuation of Nonconformities: Nonconformities may be continued so long as they remain otherwise lawful, sub- ject to the remaining provisions of this section. 2. Expansion or change of Nonconformities: No nonconform- ity shall be enlarged or changed to a different noncon- formity except upon a determination by the City Building Inspector that the change results in a lessening of the degree of nonconformity. 3. Repair or Alteration of Nonconformities: Repairs, main- tenance and improvements on nonconformitiec may be car- ried out, provided that such work does not increase the cubicle content of the building or the floor or ground area devoted to the nonconforming use. The preceding requirement does not prevent compliance with applicable zn 42 of 113 c EXHIBIT by the City Council is hereby directed to enforce this Ordinance. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforce- ment of any of the provisions of this Ordinance shali be fines! twenty-five (25.00) dollars and/or imprisonment for a term not to exceed twenty-five (25) days. Each day a violation exists shall constitute a separate offense. (Ord. No. 202, Paragraph 14, 5-13-63 ) SECTION X1X - VALIDITY Should any section, clause or provision of this Ordinance be declared invalid, the same shall not affect the validity of the Ordinance as la whole or any part thereof, other than the part so declared to be invalid. All Ordinances or parts of Ordinances in conflict herewith or inconsistent with the provisions of this Ordinance are hereby repealed. SECTION XX - W j EFFECTIVE This Ordinance shall become effective immediately upon its passage. ***********************i�********* I hereby certify that the foregoing Ordinance was finally passed by the City Council on the 14th day of January, 1974. Attest: Ulty C1erT- yor 43 of 113 -- 57 7H'I Re: Property and structure at 1411 Thornhill In. Sebastian. This Building is a free-standing building, not unified with any other property and is non conforming. Possibly because the building / structure was not mandated to be unified which may have been the code at the time. The building was built in 1985, long before I moved to Florida and purchased my home. The City of Sebastian records state it was built in 1994, Photo evidence, as well as one of the friends of the former owner, will show it was built in July of 1985. My family has played no part in the construction of this building and it was pre existing before my home was built. My home address is 1401 Thornhill In. Sebastian, directly next door to the buildingin question. The building is over sized, in that the footprint exeeds todays codes and standards for storage and utility structures. This is not a request for special priviledge. This building has been here before some of your employees worked for the city and before some were born. The building will remain as it was intended for storage. Should the variance not be permitted it will cause financial hardship to my wife and myself. Nothing has changed on the building since 1985Most surrounding neighbors built their houses long after its erecting. "Note the two hardships we will experience with unity of title": 1 By requiring unity of title, the subject lot will necessarily be down - valued, as it cannot be sold separately nor can we develop the lot with a code -approved house. 2 We bought the subject property free and clear, but we have a mortgage on our residence dwelling. In the event we suffer a foreclosure on the residence dwelling, unity of title would allow the bank to receive the subject property as a windfall in a foreclosure proceeding, and we would forfeit this otherwise valuable asset. 3 Without a boundary fence on the subject lot, access by the public and, especially, children would go unfettered, with possible injury to trespassers. Without a boundary fence, an unnecessary dangerous condition affecting the public welfare exists." This variance will in fact, minimize the non -conformities of the property. As stated, this structure was here before all of the homes were built in this 300' radius. This shows there is no injury to anyone that had chosen to build in our area or on our block. 44 of 113 f FEX:HIBIT Section 54-1-2.5(c)(2) Criteria for determining variances. In order to authorize any variance from the terms of this code, the board of adjustment must find the following: a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Response. building was erected in the mid 80's, at which time the ordinances where laxer. rel Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Response: Trespassers and neighbors placing their debris on the property cause a hazard and financial liability to us. C. Special privileges not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Response: As the structure was built prior to any resolution or code that would have inhibited the build, it would not provide any special privilege Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Response: Financial loss, safety factors and liabilities would be created and are being created daily, as I am unable to protect my property with a fence C. Only the minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Response: The variance we seek is a minimum to leave this structure or garage as a grandfathered stand alone building "AS BUILT" and to place a fence around it at its borders. 10 Not injurious to the public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Response: This building has been in place since the 80s, many people chose to build their homes around it and during that time it was an eyesore. We have cleaned it up and 45 of 113 landscaped it, spent a great deal of money to improve the aesthetics, which the city was requesting in the prior Variance application. 9- Conditions and safeguards may be imposed. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 P.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. 1. No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the salve zoning district and no pennitted use of lands, structures, or buildings; in other zoning districts shall be considered grounds for the authorization of a variance. EEXHIIBIITj 46 of 113 Mv Permit Application No. City of Sebastian Z-1 ..,.; Development Order Application H06AF OF PEi7f.W KiW6 1 Applicant (ii not owner, written authorization (notarized) from owner is required) i Name: - I Address: / vial 7-r,,,orit Lu . S�R bo-s 1 Phone Number: (722 ?I,3 - /0 16 FAX Number: ( ) - E-Mail: SCO2-1-Z-CL6'[(23 Ga(Mc0—.54- AJe� 1 Owner (If different from applicant) Name: Address Phone Number: ( ) _. - FAX Number:( E-Mail: Title of permit or action requested: �j t f VOLL GZ i x.q As A+ca �-F— 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 8-112" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): B. Site Information Address: , L JI / 7-� h , J l( VL Lot: Block: Unit: Subdivision: Indian River County Parcel Zoning Classification:,, uture Land Use: } ��. l 4� Existing Use � Proposed Use C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if nneecessarv). , 14, I DATE RECEIVED: U 1 l 120 FEE PAID: RECEIVED BQc ) oZDC1.� T 47 of 113 Permit Application No.___._...._ . D. Project Personnel: Agent: _.r Name: Address V/ Phone Number: ( ) - FAX Number: ( E-Mail: Attorney: Name: P) ` G kc'Led Address'O� ! v ` Phone Number� �.� % � FAX Number: E-Mail: Engineer: _ Name: Address Phone Number: ( ) FAX Number: ( ) - I E-Mail: 1 Surveyor: Name: w (l Address ao f 1 ` •�-� � w � f�0 �eaGL Phone Number``(?M d%� AX Numnber. ( )� - E-Mail: BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: —,I—/, AM THE OWNER l 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 ACCURATE D TR TO BPT OF MY KNOWLEDGE AND BELIEF. §dii /TRE DAT---ELLLE SWORN TO AND SUBSCRIBED BEFORE ME BY _M_cu ScQ i 0 yr \ WHO IS PERSONALLY Icnrrvncni TO ME OR PRODUCED AS IDENTIFICATION, THIS DAY OF A.L20M�_ KELLYM BECKERT MY COMMISSION #GaG159975 NOTARY'S SIGNATURE �� EXPIRES: NCV 14, 2021 PRINTED NAME OF NOTARY , . Bonded Through 1st Stale Insurance COMMISSION NO./ExPIRATION� SEAL: T 48 of 113 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. NF THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DE�}}��CRIBE7 RICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE ��t J`Y`�L zv- V- 130ARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. 16 >EREBY WAIVE ANY OBJECTION OR DEFENSE IIWE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PR EEDINGS, RESULTING FROM ANY BOARDICOMMISSION 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 13Y 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 VJPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SI ATURE DATE Sworn to and subscribed before me by _�) u l I e SGo7 r i who is perso ally kl n to me or produced as identification, this 5 , day ofne 20. Notary's Signature rr Printed Name of Notary KELLY M SECKERT k- o�,�..� ? �n MY COMMISSION #GG1S9975 Seal:mission No./Expiration (� I f V.r EXPIRES: NOV 14, 2021 Bonded through 1st State insurance APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLICANT. ACKNOWLEDGMENT DATE 49 of 113 Permit Application No. Ma HOME OF 9EiiCAD7 #lAt* Supplemental Information Application to the Board of Adjustment -Z-1. This application is for a (check one): V//variance(s) appeai(s) ,t__ 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):, - --V—/3. Legal description of the property involved: Oe L 0-5 t .t r,"-_ 9 4 I.. jf c" of 14— r 1 DIV, -3$1 LoT- 9� P B r 7-561 V 4. Attach the following: za. 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. 50 of 113 art LT HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www.cityofsebastian.org PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY, FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A QUASI-JUDICIAL PUBLIC HEARING ON WEDNESDAY, JUNE 24TH, 2020, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 54-2- 5.2.3(b)&(c) AND IN REGARDS TO SECTION 54-5-22.2 OF THE SEBASTIAN LAND DEVELOPMENT CODE. JOSEPH AND JULIA SCOZZARI, IN REGARDS TO LOT 26, BLOCK 381, SEBASTIAN HIGHLANDS UNIT 11, LOCATED IN THE RS-10 (RESIDENTIAL SINGLE-FAMILY) ZONING DISTRICT AT 1411 THORNHILL LANE, ARE REQUESTING A VARIANCE TO ALLOW AN EXISTING 1728 SF ACCESSORY STRUCTURE TO BE CONSIDERED THE PRINCIPAL STRUCTURE OF THE LOT FOR STORAGE USE, WHEREAS THE CODE DEFINES A DWELLING UNIT TO BE DEEMED THE PRINCIPAL STRUCTURE IN A RESIDENTIAL ZONING DISTRICT, AND WHEREAS THE CODE DOES NOT ALLOW A STORAGE FACILITY [AS THE PRINCIPAL STRUCTURE] AS A PERMITTED OR CONDITIONAL USE IN THE RS-10 ZONING DISTRICT. ED DODD, CHAIRMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN DUE TO HEALTH CONCERNS REGARDING CORONAVIRUS, ALTERNATIVE METHODS WILL HE IN PLACE FOR THE PUBLIC TO PROVIDE INPUT REGARDING THIS VARIANCE REQUEST. INTERESTED PARTIES MAY CONTACT THE CITY AT 772-388-8226 OR E-MAH, QUESTIONS AT COSTVQCOSTV.CITYOFSEBASTIAN.ORG OR MAY VISIT THE CITY'S WEHSITE AT httn://www.citvofsebastian.orv,/nublic-input-methods. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. PUBLISHED: Tuesday, June 9, 2020 51 of 113