HomeMy WebLinkAboutSembler Variance Seawall HeightPROCEEDING BEFORE THE BOARD OF ADJUSTMENT
CITY OF SEBASTIAN, FLORIDA
IN RE- Sembler Marina Partners, LTD
dba: Sembler Sebastian Parthers, LLLP
490 N. Harbor City Boulevard
Melbourne, Florida 32935
LEGAL DESG Commence at the intersection of the South Right -of -Way 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.1 and Old Dixie Highway) as shown on a Boundary Survey performed
by Jackson Associates, Dated March 1Z 1990; thence South 2V45'07" East along said West Right -
of -Way line, a distance of 109.38 Feet, thence South 23'29'08" 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 feel 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 89"04'14"
East along said North line of the South 50.00 feet of Lot 5, a distance of 71.47 Feel to the East
Right -of -Way line of said Indian River Drive; thence continue North 89"04'14" 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 69'25'13" 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.GN.D. (1929) Contour) of the Indian River;
thence run along said Mean High Water Line for the following three (3) calls: South 52°O8'39"
East, a distance of 15.30 Feet; thence South 52%752" East, a distance of 18.92 Feet; thence South
51°04'16" East, a distance of 15.64 Feet to a point on the mid North line of the South 50.00 feet of
Lot 5; thence South 89°04'14" West along said North line of the South 50.00 feel 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 1 Current Zoning: CWR
REQUEST(S): Property Owner sought variance from Section 46-22 of the Sebastian Code of Ordinance
Chapter 46 Floods to provide relief from Florida Building Code Section 1612.4; whereby
the minimum elevation requirement for a building located in a coastal high hazard
Flood zone is base Flood elevation plus 1 foot to the lowest horizontal structure member
of an existing structure that is being substantially improved. This would allow a
proposed addition that will be a substantial improvement per section 4646.5 to the
existing structure that was permitted in 1991; even though the existing structure is OA R.
below the Flood elevation criteria.
ORDER
WHEREAS, upon presentation at a public hearing on the 12th day of May, 2021, before the Board
of Adjustment, of the 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 that the variance requested meets the
prerequisites as set forth in 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 IS GRANTED with the following conditions:
1. R the building become substantially damaged or substantially improved, as defined by the
Florida Building Code, this variance will no longer be in effect;
2. Provide proof that the variance is recorded by applicant in the Office of the Clerk of the Court in
such a manner that it appears in the chain of title of the affected parcel of land; and
3. The variance shall remain in effect provided construction has commenced within 180 calendar
days from the date the variance is granted.
3120210041130
* . • ' " RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
BK: 3430 PG: 1559 Pagel of 26f720213:13 PM
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 be 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.
Dated: 5/13/2021
nette Williams, MMC
City Clerk
BY:
Mayor iid Dodd
Chairman of the Board of Adjustment
City of Sebastian
Approved as to Form and ality f
reliance y eCity of a an
Man Anon, ., Esq.
Ci Attorney
PROCEEDING BEFORE THE BOARD OF ADJUSTMENT
CITY OF SEBASTIAN, FLORIDA
IN RR 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 -Way line of Davis Street (formerly known as
9dr 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 2445'07' Fast along said West Right-
of -Way line, a distance of 109.38 Feet; thence South ZY29'08" 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, 1'age 2670 and O.R.
Book 0998, Page 1989, of the said Public Records of Indian River County); thence North 89°0494"
Fast along said North line of the South 50.00 feet of Lot 5, a distance of 71.47 Peet to the Fast
Right -of -Way line of said Indian River Drive; thence continue North 8V0414" Fist 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 69°25'13" East along the South line of said O.R. Book 0863, Page 2.670, 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 52o08'39"
East, a distance of 15.30 Feet; thence South 52"1752" East, a distance of 18.92 Feet,, thence South
51'04'16" East, a distance of 15.64 Feet to a point on the said North fine of the South 50.00 feet of
Lot 5; thence South 89104'14" West along said North line of the South 50.00 feet of said Lot 5 and
the North line of said O.A. Book 0938, Page 1889, a distance of 126.72 Feel to the POINT OF
BEGINNING.
ADDRESS: 1660Indian River Drive, Sebastian, Florida 32958
PARCEL I.D. 30393100000001000002.0 1 Current Zoning: CWR
REQUEST(8): Property Owner sought variance from Section 46-22 of the Sebastian Code of Ordinance
Chapter 46 Floods to provide relief from Florida Building Code Section 1612.4; whereby
the minimum elevation requirement for a building located in a coastal high hazard
flood zone is base flood elevation plus 1 foot to the lowest horizontal structure member
of an existing structure that is being substantially improved. This would allow a
proposed addition that will be a substantial improvement per section 46,46.5 to the
existing structure that was permitted in 1991; even though the existing structure is 0.4 ft.
below the flood elevation criteria.
Vtub)Bd
WHEREAS, upon presentation at a public hearing on the 12th day of May, 2021, before the Board
of Adjustment, of the 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 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 IS GRANTED with the following conditions:
1. If the building become substantially damaged or substantially improved, as defined by the
Florida Building Code, this variance will no longer be in effect;
2. Provide proof that the variance is recorded by applicant in the Office of the Clerk of the Court in
such a manner that it appears in the chain of title of the affected parcel of land; and
3. 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 be made in the Circuit Court
of Indian River County within thirty (30) days of this Orders rendering, as required by 54-1-2.5(e), of the
City's Code.
Dated: 5 13 ZW
■fV - l"
(N
nette Williams; MMC
City Clerk
By: —
Mayor Ed Dodd
Chairman of the Board of Adjustment
City of Sebastian
Approved as to Form and ality f
reliance by a City of tan
Man Anon, .,Esq.
Ci Attorney