HomeMy WebLinkAboutSembler Variance ExtensionPROCEEDING BEFORE THE BOARD OF ADJUSTMENT
CITY OF SEBASTIAN, FLORIDA
INRe Sembler Marina Partners, LTD
dba: Sembler Sebastian Partners, LLLP
490 N. Harbor City Boulevard
Melbourne, Florida 32935
LEGAL DESC. Commence at the intersection of the South Right-of-W.y line of Davis Street (formerly known as
9th Street) and the West Right -of -Way line of Indian River Drive (formerly known as Riverside
Drive, U.S. Highway No.] and Old Dixie Highway) as shown on a Boundary Survey performed
by Jackson Associates, Dated March 12, 1990, thence South 24o45107' East along said West Right -
of -Way line, a distance of 109.38 Feet thence South 23'29'06" East along said West Right -of -Way
line, a distance of 181.86 Feet to a point on the North line of the South 50.00 feet of Lot 5, Estate of
August Park, according to the Plat thereof, as recorded in Plat Book 1, Page 19, of the said Public
Records of Indian River County (said line being described in O.R. Book 0863, Page 2670 and O.R.
Book 0938, Page 1889, of the said Public Records of Indian River County); thence North 89e04'l4"
East along said North line of the South 50.00 feet of Lot 5, a distance of 71.47 Feet to the East
Right -of -Way line of said Indian River Drive; thence continue North 8T04'14" East along said
North line of the South 50.00 feet of Lot 5, a distance of 19.68 Feet to the POINT OF BEGINNING;
thence North 69025'13" East along the South line of said O.R. Book 0863. Page 2670, a distance of
93.44 Feet to the Mean High Water Line (0.75' N.G.V.D. (1929) Contour) of the Indian River;
thence run along said Mean High Water Line for the following three (3) calls; South 52o08'19"
East, a distance of 15,30 Feet; thence South 5TIT52" East, a distance of 18.92 Feet; thence South
51004'16" East, a distance of 15.64 Feet to a point on the said North line of the South 50.00 feet of
Lot 5; thence South 89o04'14" West along said North line of the South 50.00 feet of said Lot 5 and
the North line of said O.R. Book 0938, Page 1889, a distance of 126.72 Feet to the POINT OF
BEGINNING.
ADDRESS: 1660Indian River Drive, Sebastian, Florida 32958
PARCEL I.D. 30393100000001000002.0 I Current Zoning: CWR
REQuESf(s): A variance extension from a May 8, 2019 Variance Order which allowed the Property
Owner a variance from Section 54-2-5.10 (a) (2) of the Sebastian Land Development
Code to allow the height of a proposed overwater building to be measured from the
existing concrete slab's finished Floor elevation (11.5 feet) to roof ridgeline and expired
24 months from the date granted, if construction of the building has not begun. The
variance extension is requested because the proposed construction has not begun.
ORDER
WHEREAS, upon presentation at a public hearing on the 12th day of May, 2021, before the Board
of Adjustment, for a variance extension request from a May 8, 2019 Variance Order application for
variance by the Property Owner and upon review and consideration of all testimony, evidence and
argument presented at said hearing, which constitutes substantial competent evidence, the Board
determined by a vote of 4 to ,0 that the variance requested meets the prerequisites as set forth in Section
Section 54-2-2.5(c)(2), of the Land Development Code of the City of Sebastian.
IT IS, THEREFORE, ORDERED AND ADJUDGED THAT THE PROPERTY OWNER'S REQUEST
FOR VARIANCE EXTENSION IS GRANTED with the following conditions:
1. The variance is extended for an additional 180 calendar days. The variance shall remain in effect
provided construction has commenced within 180 calendar days from the date the variance is
granted.
PROCEEDING BEFORE THE BOARD OF ADJUSTMENT
CITY OF SEBASTIAN, FLORIDA
Page 2 of 2
This Order shall take effect immediately, and shall be deemed rendered three (3) days after it has been
signed by the Mayor, acting in his capacity as Chairman of the Board of Adjustment, and deposited in the
United States Mail for first class delivery. Any appeal of this decision shall he made in the Circuit Court
of Indian River County within thirty (30) days of this Order's rendering, as required by 54-1-2.5 (e), of the
City's Code.
5/13/20 By:
Mayor Ed Dodd
Chairman of the Board of Adjustment
City of Sebastian
ATTEST:
nett= Williams, MMC
ity Clerk
Approved as to Form a Legali for
reliance by e City Seb sH ly:
Ma Cyyt
i Attor6-y J