HomeMy WebLinkAbout05-12-2021 BOA Agendapgs 88-109 B. Second Readiyy�� & Public Headnp Ordinance No. 0-21-04 - Amendina Ci1v
Code Chanter W - Floods (Transmittal. 0-21-04 w/markuo. 0-21-04 clean coov)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA. AMENDING THE CODE
OF ORDINANCES CHAPTER 46 FLOODS TO AMEND DIVISION 1 - GENERALLY; TO
ADD DIVISION 2 - DEFINITIONS FOR ACCESSORY STRUCTURE, AND MARKET
VALUE; TO DELETE DIVISION 2 - DEFINITION FOR MANUFACTURED HOME PARK;
TO PROVIDE FOR ACCESSORY STRUCTURES IN FLOOD HAZARD AREAS;
SPECIFY ELEVATION OF MANUFACTURED HOMES IN FLOOD HAZARD AREAS;
PROVIDING FOR APPLICABILITY AND SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENERS
ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. (PJ ad 4/2812021)
pgs 110-184 C. Second Readinq & Public Hearing Ordinance No. 0-21-05 - AmendingChanter
26 Buildings and Buildina Reoulations frransmittal. 0-21-05 wimarkum 0-21-05.
Admin Model Code w/thanes in red. Admin Model Code)
AN ORDINANCE OF THE CITY OF SEBASTIAN. FLORIDA, AMENDING CITY OF
SEBASTIAN CODE OF ORDINANCE CHAPTER 26 BUILDINGS AND BUILDING
REGULATIONS; AMENDING ARTICLE II. - BUILDING CODE SECTION 2631.-
TECHNICAL CODES ADOPTED; AMENDING ARTICLE VI..CONTRACTORS DIVISION
1.-GENERALLY SECTION 26.168: RENEWAL OF CERTIFICATE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE
DATE. (PJ ad 4128/2021)
A"1.RECESS THE CITY COUNCIL MEETING AND CONVENE THE BOARD OF
ADJUSTMENT MEETING
pgs 185-188 A. Approval of Minutes - April 28, 2021 Board of Adjustment Meeting
B. QUASI-JUDICIAL PUBLIC HEARINGS
Ado fed QuasWudkial Public, Hearin Procedures:
• Chairman opens hearing
• Attorney reads title of request
• Board discloses ex-parte communication or site visit
• City Clark swears in all who Intend to provide testimony
• Applicant makes presentation
• Staff presents finding and analysis
• Board asks questions of the applicant and staff
• Chairman opens the floor for anyone in favor of the request
• Chairman opens the floor for anyone in opposition of the request
• Applicant provided opportunity to respond to issues raised by staff or public
• Staff provided opportunity to summarize request if needed
• Board deliberations and questions
• Chairman calls for a motion
3 of 276
pgs 189-198 1. VARIANCE EXTENSION REQUEST - SEMBLER MARINA PARTNERS,
LTD., IN REGARDS TO AN ADDITIONAL PROPOSED OVERWATER
RESTAURANT TO BE LOCATED AT 1660 INDIAN RIVER DRIVE (SQUID
LIPS & MARINA), HAS REQUESTED AN EXTENSION FOR A VARIANCE
THAT WAS GRANTED ON MAY 87a, 2019 TO ALLOW MEASUREMENT OF
THE PROPOSED RESTAURANT BUILDING HEIGHT TO BEGIN FROM THE
FINISH FLOOR ELEVATION INSTEAD OF THE FEMA BASE FLOOD
ELEVATION, AND WHICH VARIANCE WAS GRANTED CONDITIONALLY
THAT CONSTRUCTION OF THE RESTAURANT BUILDING MUST BEGIN
WITHIN 24 MONTHS FROM DATE OF APPROVAL. CONSTRUCTION HAS
NOT BEGUN AND THE APPLICANT IS REQUESTING A TIME EXTENSION.
(Transmittal, 2019 Order, Email Request, Timeline, 2019 Minutes) (PJ Ad
412712021)
pgs 199-234 it. VARIANCE APPLICATION - SEMBLER MARINA PARTNERS, LTD, IN
REGARDS TO AN ADDITIONAL PROPOSED OVERWATER RESTAURANT
TO BE LOCATED AT 1660 INDIAN RIVER DRIVE (SQUID LIPS & MARINA),
AND WHICH STRUCTURE IS LOCATED WITHIN A FLOOD HAZARD AREA
AND REQUIRES A BUILDING PERMIT, IS REQUESTING 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 MEMBER OF AN EXISTING STRUCTURE
\ THAT IS BEING SUBSTANTIALLY IMPROVED. THE BOTTOM OF THE
LOWEST HORIZONTAL MEMBER OF THE EXISTING STRUCTURE IS +7.6
FEET AND THE MINIMUM REQUIREMENT IS +8.0 FEET. (Transmittal, Staff
Report, Exhibits A-E, Application) (PJ Ad 4/27/2021)
12. ADJOURN THE BOARD OF ADJUSTMENT MEETING AND RECONVENE THE CITY
COUNCIL MEETING
13. UNFINISHED BUSINESS
14. NEW BUSINESS
A. Recommendations of the 2021 Charter Review Committee
pgs 237-253 i. Committee Presentation of Proposed Ballot Questions #1-8
pgs 235-236 ii. Review Charter and If Applicable, Direct City Attorney to Draft Ordinances
for First Reading on May 26, 2021 (Transmittal, Proposed Ballot
Questions)
pgs 254-267 B. Approve Supervisor of Elections Agreement for November 2, 2021 Election
(Transmittal, Letter, Agreement)
pgs 268-271 C. Prior Authorization for Council Travel to Florida League of Cities Annual
Conference — August 12-14, 2021 — Orlando World Center Marriott (Transmittal,
Tentative Expenses, Announcements)
4 of 276
On of
SEAT,
IN tbi
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HOME OF PELICAN ISLAND
BOARD OF ADJUSTMENT
1225 Main Street, Sebastian, FL 32958
The attached April 28, 2021 Board of Adjustment minutes were approved at the
May 12, 2021 Board of Adjustment meeting.
Chairman Ed Dodd
ATTEST:
Jeanette Williams, City Clerk
Sebastian City Council Regular Meeting,
BOA & CRA Meeting
April 28, 2021
Page 2
6:06 pm
Vice Mayor Hill read and presented the certificate to Mr. Powers.
Brief Announcements:
• May 7, 2021— Chamber of Commerce Concert in the Park — 5:30pm — 8pm - The Jacks Band
(Rock, Blues, Swing and Classic Dance Music)
• May 8, 2021 - Craft Club of Sebastian in Riverview Park 10am — 3pm
Vice Mayor Hill announced the upcoming events.
7. PUBLIC INPUT
Andrea Ring, Quarry Lane, said the Facebook live feed of the meetings is a half -minute
ahead of YouTube so she can understand the confusion when people try to come on
Zoom to speak to them.
She said there is still editing being done on the committee's minutes because she was
edited out of the August 31, 2020 Citizens Budget Review Advisory Board meeting. She
said she wanted the public to know that what they see on YouTube is not what they see
at the committee meetings.
Charlan Thomas, 318 Faith Terrace, said she and her neighbors in the audience, were
there because they have an issue with the extreme commercial grade LED lighting their
neighbor has in his yard at 310 Faith Terrace from dusk to dawn. She displayed some
pictures taken of the lighting stating she does not get to experience nighttime at her
house; Code Enforcement has advised her to put up black out drapes and the City
Manager has asked her to do some research.
She also displayed a picture of a tent the same neighbor has on the side of his house
where he stores salvage metal. Vice Mayor Hill said he would speak to the City
Manager.
Karen Schultz, 301 Faith Terrace, said the neighbor lives directly across the street from
her. She said the neighbor takes apart appliances which is very noisy and an eyesore
and displayed additional pictures.
Vice Mayor Hill advised Council could not take action but he would have a conversation
with the City Manager.
Sybil O'Connor stated a license was needed to collect scrap metal year round and she
has been advised that it was illegal to open up refrigeration and let it into the air.
.� 8. Vice Mayor Hill recessed the City Council meeting and convened the Board of
Adjustment meeting at 6:18 p.m.
A. ADDroval of December 9. 2020 Board of Adiustment Minutes
MOTION by Mr. McPartlan and SECOND by Mr. Nunn to approve the December 9, 2020
Board of Adjustment Meeting minutes passed with a voice vote of 5-0.
Sebastian City Council Regular Meeting,
BOA & CRA Meeting
April 28, 2021
Page 3
B. Quasi -Judicial Public Hearinq
i. Variance reauest from Mr. & Mrs. Nicholas Wanklvn for their property located at
1566 Pleasantview Lane from Land Development Code Section 54-2-7.5(c) (4) and
54-2-7.5(c) (6) to allow construction of an accessory structure which would exceed
the 1,000 square foot maximum allowable area by a total of 176 feet in the RS-10
Zoninq District, and exceed the heiqht of the principal structure by 1.6 feet
(Transmittal, Staff Report, Exhibits, Criteria, Application)
Vice Chairman Hill opened the hearing at 6:18 p.m. and the City Attorney read Mr. and
Mrs. Wanklyn's request.
There was no ex parte communication or site visits to disclose by the board members.
The City Clerk swore in all who would provide testimony.
Mr. Wanklyn, 1566 Pleasantview Lane, displayed a picture of the property and said they,
were requesting two variances to construct a structure with a 14 foot door to match the
pitch of their house with a larger floor plan and two automotive bays.
The Community Development Planner cited section 8 and 9 of the staff report indicating
staff's recommendation to deny the variances. (See attached)
Mr. Jones asked if the applicant was aware of the limit set by code and still went ahead)
with planning the garage. The Community Development Planner said he was and still
wanted the proposed structure.
Mr. Nunn asked how the two other properties shown on pages 24 and 25 were found to
be in compliance. The Community Development Manager stated those were previous
applications that met the code at the time of approval.
In response to Vice Chairman Hill, Mr. Wanklyn said the height is required to get his
recreational vehicle into the building and the pitch must match his house; and he
planned to increase the existing concrete pad on the property.
Also in response to Vice Chairman Hill, the Community Development Manager stated
the height is relative to newer homes in the area as Mr. Wanklyn is in a little bit of a
disadvantage because his home is older.
There was no one from the public to speak in favor of the variance.
Chairman Dodd said he would support the height request.
There was no one from the public to speak in opposition of the variance.
Mr. Nunn asked if he could build two single car garages. Mr. Wanklyn explained he
likes to work on hot rods and would prefer to have two stalls to work on the cars, noting
the building would be more useful for his intended purpose with the additional 176 sq. ft.
Sebastian City Council Regular Meeting,
BOA & CRA Meeting
April 28, 2021
Page 4
The Community Development Manager said staff would recommend the denial for the
size of the structure but approve the height if he could reduce the structure to 1,000 sq.
ft.
Vice Chairman Hill said he would favor the increase in the height because it needs to
match the slope of the house but only allow 1,000 sq. ft. for the structure. Messrs.
Jones and Nunn agreed.
MOTION by Mr. McPartlan and SECOND by Mr. Jones to approve the request for the
height and stay within 1,000 sq. ft. for the structure.
The City Attorney requested a point of clarity noting on page 6, staff also recommended
that the existing shed be removed and the structure be built within a year.
The Community Development Manager stated they could add that to the motion but Mr.
Wanklyn does have to bring this before the Planning and Zoning Commission who
could require the shed be removed; however, staff is requesting the variance expire
after 12 months.
Roll call: Vice Chairman Hill - aye
Mr. Jones - aye
Mr. McPartlan - aye
Mr. Nunn - aye
Chairman Dodd - aye
Motion carried. 5-0
9. Vice Mayor Hill adjourned the Board of Adjustment meeting and convened the
Community Redevelopment Agency meeting at 6:44 p.m.
A. Approval of Minutes — February 10, 2021 CRA Meeting
B. Approval of Minutes — March 24, 2021 CRA Meeting
MOTION by Mr. Nunn and SECOND by Mr. McPartlan to approve both the February 10,
2021 and March 24, 2021 CRA minutes passed with a unanimous voice vote. (5-0)
C. Septic -to -Sewer Proqram
i. Consider Grant Request for 13050 U.S. Highway 1 — Chandler Holding, LLC —
Commercial Building (Transmittal, Application, Quote, Tax Receipt, Deed, Letter)
The City Manager asked the Board to approve the request.
MOTION by Mr. Nunn and SECOND by Mr. Jones to approve the grant request from
13050 U.S. Highway 1.
There was no public input.
rnva
SE ASTV"
HOME OF PELICAN ISLAND
BOARD OF ADJUSTMENT AGENDA TRANSMITTAL
Council Meeting Date: May 12'h, 2021
Agenda Item Title: Squid Lips 2019 Variance Extension Request
Recommendation: Conduct a quasi-judicial public hearing to consider the request, and approve
an extension for 180 calendars days beginning from the date the extension is
granted.
Backaround: Sembler Marina Partners, Ltd, in regards to property located at 1660 Indian River
Drive (Squid Lips Restaurant and Fins Marina), was granted a variance by the Board of Adjustment in 2019. The
variance allowed the height of a proposed over -the -water restaurant to be measured from the existing concrete
slab's finished floor elevation (11.5 feet NGVD/10.01 feet NAVD) to roof ridgeline, whereas the code, at that
time, required such measurement to be from the required base flood elevation (7 feet NAVD). The variance was
granted with four (4) conditions, one setting a time limit. The approval expires 24 months from the date that the
variance was granted if construction of the building has not begun. The variance was granted on May 8, 2019 and
the proposed restaurant is not under construction.
Mr. Buz Underill, Sembler Marina Partners, emailed a request on April 16, 2021, that the expiration date be
considered and an extension of the time frame be granted. The remaining three conditions have been addressed.
A Structural Integrity test report for the concrete slab was submitted in June 2020, reviewed and accepted by the
Building Official, and the use of the proposed building remains as a new restaurant.
If Agenda Item Requires Expenditure of Funds:
Budgeted Amount:
Total Cost: NIA
Funds to Be Utilized for Appropriation:
Attachments:
1. 2019 Final Variance Order
2. Email Request
3. Project's Chronological Time Detail
4. Minutes from 2019 Variance Hearing 1 �
Administrative Services Department Review:
City Attorney Review: ��i �• U
Procurement Division Review, if applicable: A//,q
,
City Manager Authorization:—r s
i
1 "
Date: i � "�%
ATTACHMENT A
PROCEEDING BEFORE THE BOARD OF ADJUSTMENT
CITY OF SEBASTIAN, FLORIDA
IN RE: 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
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 12, 1990; thence South 24°45'07" 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 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 89°04'14"
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 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.G.V.D. (1929) Contour) of the Indian River;
thence run along said Mean High Water Line for the following three (3) calls: South 52'08'39"
East, a distance of 15.30 Feet; thence South 52'17'52" 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 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 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: 1660 Indian River Drive, Sebastian, Florida 32958
PARCEL I.D. 130393100000001000002.0 I Current Zoning: CWR
REQUEST(S): Property Owner sought 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, whereas the code requires such measurement to be from the required base
flood elevation (7 feet) or the average construction grade (-1.2 ft.), whichever is greater.
ORDER
WHEREAS, upon presentation at a public hearing on the 8th day of May, 2019, 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 5 to 0, that the variance requested meets the
prerequisites as set forth in Section 54-2-7.7(c)(1), 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. Owner shall provide a certified engineered proof of structural integrity regarding the existing
overwater concrete pad and all pilings, and that it meets current Code, before construction
begins;
2. In the event the slab is determinbd to not be sound or compliant with current Code, this
variance shall be null & void;
3. The variance is for a restaurant building only. If the proposed use is changed (before the
structure is built), the proposed building height will be measured from the required base flood
elevation, as per the Code; and
4. The variance is valid for two years. The approval shall expire 24 months from the
date granted, if construction of the building has not begun.
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. , I
Dated: June 12 ,, 2 019
ATTEST:
W
Williams, MMC
jitnette
y Clerk
By:
9of
n millof the Board of Adjustment
bastian
Approved as to Form and Legality for
reliance by the Ci of Sebastian only:
James Stokes
City Attorney
ATTACHMENT B
Dorri Bosworth
From:
buz underill <buz@underill.com>
Sent:
Friday, April 16, 2021 10:48 AM
To:
Dorri Bosworth
Cc:
Ryan M
Subject:
Variance
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links,
especially from unknown senders.
Dorri,
Please consider this email our request for an extension on the time frame for the height variance for our building to be
located on our concrete platform. Let me know if you need anything else. Thanks!
Buz
1
UnLf ATTACHMENT C
SERAS TtAN
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
Re: Squid Lips Major Modification Site Plan Application — Chronological Time Detail:
• 7/9/2018 — Formal Site Plan application submitted, Major Modification — Fees, application, surveys, site plans, s'tormwater
calculations for two new restaurants, marina office and mini -storage building. Missing architectural drawings and floor
plans. Notified Project Engineer.
• 7/26/18 — Received missing drawings. Forwarded application and site plans to applicable jurisdictional agencies for review
and comments.
• 8/2018 thru 12/2018— Received jurisdictional comments from IRC Utilities, Consulting City Engineer, Building Department,
Fire Marshall, and Environmental Health Dept.
• 1/3, 1/12, and 1/17/2019 — Staff review comments sent to Project Engineer for site plan, architectural drawings and
landscaping.
• 4/18/19— Meeting with staff, applicant, and engineer regarding comments. Discussed possible variance(s).
• 4/23/19 —Application submitted for Height variance.
• 5/8/19 — Board of Adjustment granted variance with 4 conditions.
• 10/31/19 — Received revised site plans and response from Project Engineer. West side restaurant and mini -storage building
removed from project.
• 11/15 19—Revised architectural drawings missing, and other required items. Notified Project Engineer
• 1/21/20 — Meeting with Traffic Engineer — Pre -Application for Traffic Impact Analysis
• 2/26/20 — Received missing items from 11/2019, revised plans dispersed to jurisdictional agencies, and second staff review
begins.
4/30/20 —Additional staff and jurisdictional comments forwarded to Project Engineer.
• 5/21/20 —Telephone meeting with Project Engineer. Discussed and reviewed each individual comment.
• 6/4/20 — Request from Project Engineer for meeting regarding three items
• 6/26/20 — Meeting with staff, applicant and Project Engineer to discuss street parking, east side retaining wall, and
architectural embellishments and screening.
• 6/29/20 — Meeting with project's Environmental Consultant regarding Coastal Impact Analysis Report
• 7/28/20—New architectural elevations and colors submitted for conceptual review
• 10/9/20 — Partial re -submittal from Project Engineer (full architectural drawings). Waiting for revised civil drawings and
response letter.
• 11/4/20 - Complete re -submittal received. Revised plans dispersed to agencies with remaining comments.
• 11/12/20 thru 1/14/21 - Received jurisdictional comments, initial staff review, items still not addressed. Scheduled
meeting with the Project Engineer.
• 1/28/21 — Meeting with staff, applicant, and Project Engineer to discuss outstanding issues. Staff to provide written
comments.
• 2/5/21— Written comments regarding civil and architectural review sent to Project Engineer and applicant.
• 2/11/21— Meeting with Landscape Architect. Review of current plan and requested revisions.
• 3/4/21 — Updated plans and responses received from Project Engineer. Information on survey converted to requested
benchmark.
• 3/24/21— Notice to staff and Project Engineer from Building Official. Bottom of existing concrete slab does not meet FEMA
requirement for VE Flood Zone.
• 4/9/21— Meeting with staff, applicant and Project Engineer to discuss FEMA non-compliance and options to resolve.
• 4/16/21— Email received from applicant requesting time extension for Height variance.
• 4/28/21— Variance application submitted regarding FEMA issue.
NOTE: Back-up for any date listed available if requested.
2
ATTACHMENT D
Regular City Council Meeting �� )
May 8. r/uL
Page Twowo OJ C� w;1t;ans, City
19.070 C. Proclamation -National Peace Officers Memorial Dav - Mav 15. 2019 and National
Police Week - Mav 12-18. 2019 - Accepted by Police Chief Michelle Morris and
Members of Sebastian's Police Department
Council Member lovino read and presented the proclamation to Sergeant Marcinik, Officer
Singh, and Officer McKenzie.
19.071 D. Proclamation - National Safe Boatinq Week - Mav 18-24. 2019 - Accepted by
Commander Frans Evberse. USCG Auxiliary Flotilla 56
Mayor Hill read and presented the proclamation to Commander Eybefse. Tommy
Augustsson, Frederick and Linda Combs,
Brief Announcements
• May 17 - Chamber Concert in the Park - Note 4 Note (60's to current hits) - 5 3010 8 pm
Vice Mayor Kinchen announced the upcoming event. She also congratulated Natural
Resources Board Chairperson. Nikki Mosblech, for being selected as one of the five stake
finalists for Florida Teacher of the Year and wished her the best as the finalist is chosen.
Recess Citv Council Meetino and Convene as Board of Adiustment 14
Mayor Hill adjourned the City Council meeting and convened the Board of Adjustment
meeting at 6:15 p.m.
A. The November 28, 2018 Board of Adjustment minutes were unanimously approved by el
MOTION by Mr. Dodd and SECOND by Mr. McPartlan.
B. Quasi -Judicial Public Hearino
I. SEMBLER MARINA PARTNERS, LTD IN REGARDS TO AN ADDITIONAL PROPOSED
OVERWATER RESTAURANT TO BE LOCATED AT 1660 INDIAN RIVER DRIVE (SQUID
LIPS & MARINA), IS REQUESTING A VARIANCE FROM THE BENCHMARK BY WHICH
BUILDING HEIGHTS ARE MEASURED. THE APPLICANT WOULD LIKE TO MEASURE
THE HEIGHT OF HIS PROPOSED BUILDING FROM THE FINISHED FLOOR ELEVATION
OF THE EXISTING OVERWATER CONCRETE PAD
The City Attorney read the request from Sembler Marina Partners, Ltd. There was no ex-
parte communication to disclose by the Board Members. The City Clerk swore in those who
were to provide testimony.
Buzz Underhill, representing Sembler Marina Partners, Ltd. said the staff report accurately
reflected their request and introduced the project engineer, Ryan McLean.
The Community Development Manager explained per code the building height is measured
either from base flood elevation or average grade: and, since the existing concrete pad is
over water, the proposed building elevation should be measured from the base flood
elevation. She said the argument is that since the slab is existing, the elevation should he
measured from finished floor elevation.
Regular City Council.Meeting
May S; 2019
Pagz Three
She noted a previous developer's agreement had expired and therefore the site plan
modification is required to meet the current code, prompting the variance. She explained
they are asking for a different spot to measure the building height or for an additional 4 %2
feet for the building height. She said the applicant has met most of the qualifying criteria for
determining a variance and staff recommended approval with the following three conditions:
-certified, engineered proof of structural integrity regarding the existing
ovenvater concrete pad before construction begins
-the variance is for the restaurant building only. If the proposed use is
changed (before the structure is built). the proposed building height will
be measured from the required base flood elevation, as per code
-the variance is valid for two years. The approval shall expire 24 months
from the date granted if construction of the building has not begun
Chairman Hill said there is a corner of the slab that is broken off and asked if the corner
would need to be replaced. The Community Development Manager advised the pilings must
be found to be structurally sound or the variance will not be granted.
Chairman Hill asked if there was any recourse to have the slab removed as a non-
conforming structure if it is found not to be sound. The City Attorney responded that staff
would have to either get the structure to be compliant or removed.
No one spoke in favor the request.
Opposed
Ben Hocker, Sebastian, said the request goes against the City's height restrictions. He
asked if anything has been submitted as to what the building will look like and if it has gone
before Planning and Zoning. He said a little more research is warranted.
Damien Gilliams, President, Sebastian Property Owners Assocation.com (SPOA), said he
has spoken about this non -conforming property numerous times to which the City has done
nothing. He said the property is in violation of Articles VIII and XI of the Land Development
Code. (See attached) He noted the City bought the Harbor Lights Hotel to preserve the
river's view and now this restaurant is going to be built down the street. He said if the
variance was passed tonight it would be criminal.
Ryan McLean. MBV Engineering Inc. said the variance will lead to an architectural standard
that will meet the CRW zoning and provide for a beautiful project.
The Community Development Manager stated this was a new site plan application that was
submitted before the holiday last year; this will put a structure on the slab, provide better
stormwater ponds, landscaping and fix the existing sign; the applicant requested to bring
this variance before the Board prior to going to Planning and Zoning; additional time
conditions may be imposed at the time of site plan approval: and this will be a one-story
structure.
Chairman Hill asked the City Attorney if the Board approved the variance would they be
committing a crime. The City Attorney responded not based on any facts or information that
he has.
Regular City Council Meeting
May 8. 2019
Page Four
The City Manager noted the observation deck was not an abandoned project; the Building
Official at the time required them to complete the observation deck and the developer
amended the site plan to reflect the observation deck and everything was closed as
complete. The Community Development Manager added that with the new site plan, new
correspondence will be required from SJRWMD, Army Corp and DEP. She also added the
road elevation at an average 5 %2 feet, so the elevation was not jumping to 11 Y2 feet.
Mr. Dodd said in 1992, DEP authorized a 10 foot elevation but it was built at 11 '12 feet so
the developer obtained a revised permit to address the additional 1 '12 feet, it was approved
to have a building on it, subsequently the project didn't happen, and then the developer
received approval for an observation deck.
6:42 pin Mr. Dodd noted the applicant will correct parking deficiencies, improve drainage and build
another restaurant that will be a value to the City.
In addition to the City's conditions, Mr. Dodd requested the following restrictions: the
engineering certification should be noted that it meets current code: if the slab is not
determined to be sound without reconstruction or without major repair work, the variance
goes away (if the slab has to be rebuilt, it should be done at the proper level): and indicate
an actual expiration date. This will provide something the City can use.
The Community Development Manager said the state permits indicated it was to be a
restaurant: there was a 1985 DEP permit showing the elevation at 10 feet, then a second
DEP permit showing 11 '/2 feet: she cannot confirm the slab was inadvertently built at the
wrong elevation by the contractor.
Chairman Hill agreed the restaurant would be a lot better for the City.
Mr. Underill said in 1987, the Army Corp required the slab to be built at 11 '12 feet.
MOTION by Mr. lovino and SECOND by Chairman Hill to approve the variance requested by
Sembler Marina Partners, Ltd.
Roll Call: Vice Chairperson Kinchen — aye Mr. Dodd — aye
Mr lovino —aye Mr. McPartlan — aye
Chairman Hill — aye
Motion Carried. 5-0
To clarify that the conditions requested by Mr. Dodd and staff should be included with the
approval, Mr. lovino made an AMENDED MOTION with a SECOND by Chairman Hill for
approval with the following requirements:
- a certified engineered proof of structural integrity according to current
code shall be provided prior to construction beginning
- if the slab is determined not to be sound, the variance request will be
null and void
- the variance is for a restaurant building only. If the proposed use is
changed (before the structure is built), the proposed building height will
be measured from the required base flood elevation. as per code
- the variance shall be valid for two years and expire 24 months from
May 8, 2019 if construction of the building has not begun
4
Regular City Council Meeting
May 8, 2019
Page Five
Roll Call: Mr. Dodd — aye Mr. lovino — aye
Mr. McPartlan — aye Chairman Hill — aye
Vice Chairperson Kinchen — aye
Motion Carried. 5.0
The City Attorney advised that the first motion did not have to be rescinded because there
wasn't any distance in time between the original motion and the clarification.
B. Adiourn Board of Adjustment and Reconvene as Citv Council , --
Chairman Hill adjourned the Board of Adjustment meeting and reconvened the City Council
meeting at 6:52 p.m.
9. CONSENT AGENDA
A. Approval of Minutes — April 24, 2019 Regular City Council Meeting
19.072 B. Approve Indian River Shores Public Safety Department's Fire Truck Pull Special
Event at Riverview Park with the Closure of Sebastian Blvd. and Harrison Street on
June 8. 2019 (Transmittal. Application. Flyer, Map)
MOTION by Vice Mayor Kinchen and SECOND by Council McPartlan to approve consent
agenda items A and B passed with a unanimous voice vote of 5.0
10 COMMITTEE REPORTS & APPOINTMENTS
19.073 A. Plannino & Zonino Commission
(Transmittal. Application, Ad. List)
i. Interview. Unless Waived, Submit Nominations for One Expired. Regular Member
Position — Term to Expire 511/2022
There was no objection to Mayor Hill and Council Member Dodd's nomination of Joel Roth
to serve an additional term. Mr. Roth will serve until May 1, 2022.
11 PUBLIC HEARINGS - None
12. UNFINISHED BUSINESS - None
13. PUBLIC INPUT
Ben Hacker thanked Council Members Dodd. McPartlan and the City Manager for attending
the Sebastian Property Owners meeting the previous Monday.
Russell Herrmann 586 Redwood Court, Vice President of the Friends of the St. Sebastian
River, thanked Council requesting the City Manager to research glyphosate and report back
to City Council. In the meantime he requested that no dangerous chemicals be used.
Damien Gilliams. President, SPOA also thanked the City Manager for coming to last
Monday's SPOA meeting and requested a workshop and public forum to discuss the
herbicide spraying as soon as possible. He noted that he and former City Council Member
Eugene Wolff witnessed canal spraying right before a storm last Friday.
6:57 pm
Ma
SEB`STN
HOME OF PELICAN ISLAND
BOARD OF ADJUSTMENT AGENDA TRANSMITTAL
Council Mestina Date: May 12th, 2021
Aaenda Item Title: Squid Lips Flood Variance Request
Recommendation: Conduct a quasi-judicial public hearing to consider a variance request for the
property located at 1660 Indian River Dr.
Background: A variance application has been submitted from Sembler Marina Partners, LTD
for relief from Section 46-22 of the Sebastian Code of Ordinance Chapter 46 Floods; The purpose of the
variance is 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 ft. to the lowest horizontal structural member of an existing structure that is being substantially
improved. The bottom of the lowest horizontal structural member of the existing structure is +7.6 ft. and
the minimum requirement is +8.0 ft.
In accordance with Section 46-39, staff has provided a report detailing the request, applicable exhibits, the criteria
established for determining variances, along with additional information to assist with the Board's consideration.
If Aaends Item Reauires Expenditure of Funds:
Budgeted Amount:
Total Cost: N/A
Funds to Be Utilized for Appropriation:
Attachments:
Staff Report with Board Criteria for Determining Variances
2. Exhibits A through E
3. Applicants Development Order Application
Administrative Services Department Review:
City Attorney Review:
Procurement Division Review, if Z11cable: _ V
City Manager Authorization:
Date: Ste'/
CITY OF
SEB�TIAN
110NE OF PELICAN ISLAND
BUILDING DEPARTMENT
FIRE PRFVF.NTION OFFICF.
I2 MAIN STREET- SEBASTIAN, FIARIDA 339U
TELEPIIONN (TR) 589-S537 FAX (M) 589 25"
Variance Application - Staff Report
Project Name: Squid Lips Site Improvements
2. Requested Action: Variance requested fiom Section 46-22 of the Sebastian Code of
Ordinance Chapter 46 Floods; The purpose of the variance is 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 ft to the
lowest horizontal structural member of an existing structure that is being substantially
improved. The bottom of the lowest horizontal structural member of the existing structure
is +7.6 ft and the minimum requirement is +8.0 ft.
3. Project Location
a. Address: 1660 Indian River Drive
Sebastian, Florida
b. Legal: IRC Tax Parcel ID No. 30-39-31-00000-0010-00002.0
Metes and bounds description — see survey
4. Project Owner: Sembler Marina Partners, LTD
c/o Underill Management Company
490 N. Harbor City Boulevard
Melbourne, Florida 32935
(321) 242-2224 x112
5. Project Agent: MBV Engineering Inc.
Mr. Ryan McLean
1835 201" Street
Vero Beach, Florida 32960
(772)569-0035
6. Project Surveyor: William Mott Land Surveying, Inc.
Jonathan M. Mott, PLS
3800 W. Eau Gallie Boulevard, Suite 101
Melbourne, Florida 32934
(321) 751-4444
7. Project Description:
8. Narrative of proposed action: In 1991 a building permit was issued to
construct a foundation for a future restaurant. This structure was located over
water seaward of the high water mark, in the coastal high hazard flood zone,
known as the VE-Zone on Flood Information Rate Maps. Structures located in a
VE-Zone were required to have the bottom of the lowest horizontal structural
member to be located at or above the Base Flood Elevation (BFE) and it appears
that the structure was originally built above the base flood elevation in effect at
that time.
The proposed addition has been going through site plan review and the request to
provide elevations of the existing structure components in order to determine
compliance with floodplain requirements has been asked for repeatedly. The
proposed addition to the existing structure built in 1991 has been determined to be
a substantial improvement as defined in City Code of Ordinance 46-46.5. This is
where the cost of the new restaurant addition exceeds 50% of the value of the
existing structure without the land before any improvements are made. A
substantial improvement is required to meet the current flood elevation standards
per the Florida Building Code section 1612.4 and ASCE-24.
The current flood elevation standards have changed since 1991. The current
standards do not allow new construction to be seaward of the high water mark
with the exception of substantial improvements and requires structures located in
a VE-Zone to have the bottom of the lowest horizontal structural member to be
located above BFE plus one foot, per Florida Building Code section 1612.4 and
ASCE 24 section 4.4. The VE-Zone BFE where this project is located is at
elevation +7.0. The bottom of the lowest horizontal structural member needs to be
at elevation +7.0 plus 1 ft. or +8.0. Information has been provided that shows the
top of the existing structure is at elevation +10.1. Field measurement of the depth
to the bottom of the lowest horizontal structural member was found to be 2.5 It.,
so the elevation at the bottom of the lowest horizontal structural member is +7.6,
which is 0.4 ft. below the required elevation.
8. NFIP and CRS concerns:
The City of Sebastian participates in the National Flood Insurance Program (NFIP),
by doing so; the citizens in the community can obtain federally backed flood
insurance. The NFIP program is administered through the Florida Department of
Emergency Management (FDEM) and the city is obligated to adopt the model flood
ordinance provided by FDEM. The city is also obligated to enforce all provisions of
the ordinance and the flood provision of the Florida Building Code with referenced
standards to be in good standing with NFIP. The City of Sebastian also participates
in the Community Rating Service (CRS), by doing so; the citizens in the
community are eligible for discounts on their flood insurance policies, currently up
2
to 20% (Exhibit -A). The city is regularly audited by both the FDEM and CRS. The
city has to recertify every year by submitting Final Elevation Certificates on new
construction and substantial improvements in a special flood hazard area. Site visits
are conducted by FDEM and a 5 year audit is conducted by CRS that is very
intense, requiring many staff hours to provide requested documentation that involve
Storm Water, Building, Environmental and Zoning. The city has also utilized
assistance from outside consultants in order to complete the audit and obtain the
best score possible that has a direct correlation with the flood insurance discounts
for our citizens.
A variance procedure is provided for by the flood ordinance per section 46-34.
However, the use of variances is viewed by NFIP and CRS as the community not
fully implementing the floodplain provisions of the code and may have an adverse
effect on the City's standing with NFIP and CRS point system. This variance
request has been discussed at length by staff with both FDEM and CRS
representatives (Exhibit-B). A unique situation exists that helps the applicant justify
the request for a variance. The existing structure was permitted and completed in
1991. The structure was located over water and seaward of the mean high water
mark, this is not allowed under the current code in new construction but substantial
improvements are exempt from this requirement. The structure was built on
concrete piling and the lowest horizontal structural members are poured concrete
beams therefore it is infeasible to move or elevate the structure which would
otherwise be required by the code which is some justification for considering a
variance and should satisfy FDEM regarding the ability to relocate the project. The
CRS manual states that a "building" is a structure that is insurable. It also states that
buildings and structures located over water are considered uninsurable as they are
not eligible for federal flood insurance. The City has to submit Elevation
Certificates for new or substantially improved ` buildine' to CRS for
recertification. The Elevation Certificate for the restaurant substantial improvement
would be out of compliance because the lowest horizontal structural member is too
low. But because this building is located over water and is uninsurable, the
Elevation Certificate does not need to be included in the recertification submittal.
This means the building and therefore the variance should not be considered by
CRS.
9. Staff Comments:
The existing structure is substantially built on concrete pilings and contains poured
concrete beams and a pre -cast slab. The applicant's Professional Engineer certifies
the structure was built to the applicable codes at the time of the design. The current
code adds l'-0 of additional freeboard to the base flood elevation for new or
substantially improved structures. The structure when it was built was above the
base elevation, it is the additional 1 ft. freeboard requirement that makes it out of
compliance by 0.4 ft. which is approximately 4 3/ inches. The variance from tie
requirements of the flood ordinance and Florida Building Code is justifiable as long
3
as the issuance of the variance does not affect the City's good standing with NFIP
and CRS and/orjeopardize the flood insurance discounts being provided for the rest
of the community. Based on feedback from representatives from FDEM and CRS,
it appears that there should not be any ramifications from issuing a variance in this
unique situation. However; since it has been determined that the proposed
restaurant is uninsurable, the CRS manual states the board should take this into
consideration, since the building may be difficult to sell if the property should ever
become vacated and as it may be vacant for an extended period of time.
10. Board Criteria for Determining Variances:
See attached analysis. The applicant has also submitted a response to the Board
criteria (Exhibit-C). This criterion was considered in determining staffs
recommendation.
11. Staff Reconnnendation:
Staff recommends approval of a variance for Sembler Marina Partners at 1660
Indian River Drive to 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
under the following conditions.
a. Should the building become substantially damaged or substantially improved, as
defined by the Florida Building Code, this variance will no longer be in effect.
b. 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.
c. Variance shall remain in effect provided construction has commenced within 180
calendar days fi-om the date the variance is granted.
12. Board Action:
Conduct quasi-judicial hearims to considerthe requested variance.
l"l�
Wayne Es ne.
Bur
11 irector / Fire Marshal / Floodplain Administrator
i
Date
n
BOARD CRITERIA FOR DETERMINING VARIANCES
In order to authorize any variance from the terms of the City Code of Ordinance Chapter 46,
Floods; the Board of Adjustment must consider all technical evaluations, all relevant factors, all
other provisions in the Florida Building Code, City Code of Ordinances Chapter 46 Floods„ and the
following criteria for approving or denying a variance:
Section 46-39
(1) The daneer that materials and debris may be swept onto other lands resulting in further
iniury or danger.
Meets Standard
Yes IVP No ❑
See response below from MBV Engineering, Inc. (Exhibit-C):
The proposed construction is located east of the Mean High Water Line (MHWL) and is not
physically connected by land to any adjacent parcel or property.
(2) The daneer to life and nronerty due to flooding or erosion damage.
Meets Standard
Yes [" No ❑
See response below from MBV Engineering, Inc. (Exhibit -CI ):
The proposed construction is only proposing a variance on an encroachment of the
freeboard of the VE 7 flood zone, not the active wave elevation. See appendix A, a
graph has been included depicting the various flood elevation criteria against the
existing concrete beam.
(3) The suseeatibility of the uronosed develoument, including contents. to flood damage and the
effects of such damage on current and future owners
Meets Standard
Yes fS' No ❑
See response below from MBV Engineering, Inc. (Exhibit-C 1):
A letter from the project structural engineer has been provided verifying the lack of
susceptibility of the project to flood / erosion damage. See appendix C.
(4) Imnortance of services mrovided by the urouosed develoument to the conununity.
Meets Standard Yes / No I
5
See response below fiom MBV Engineering, Inc. (Exhibit -CI):
The project is proposed as a significant job creator for the waterfront community and
provides services that are necessary for expectations for the tourist driven City of
Sebastian and historic services area.
(5) The availability of alternate locations for the mroposed development that are subject to lower
risk of flooding or erosion.
Meets Standard
Yes V No ❑
See response below from MBV Engineering, Inc. (Exhibit-Cl):
Due to the fact that the proposed construction is on the pad of an existing structure,
an alternative location analysis is not applicable.
(6) The comnatibility of the proposed development with existing and anticipated development.
Meets Standard
Yes 9, No ❑
See response below from MBV Engineering, Inc. (Exhibit -CI ):
The proposed development is part of a master plan project and meets the design and
character of the proposed and existing facilities within the direct vicinity of the CWR
zoning district.
(7) The relationshin of the nronosed development to the conmrehensive nlan and floodplain
management program of the area.
Meets Standard
Yes V No ❑
See response below from MBV Engineering, Inc. (Exhibit-C 1):
The proposed construction is located within the CWR zoning district and iin
compliance with City of Sebastian code of ordinances with regards to allowable uses
within the zoning district. The floodplain management program for the area defines
the project location under the VE 7 flood zone as depicted on FIRM Map
#12061C0103 H. A variance is being requested for the 0.4 ft. encroachment of the
existing beam into the 1-0 ft. freeboard elevation of+8.0 ft. for the VE 7 flood zone.
(8) The safety of access to the property in times of flooding for ordinary and emereenev vehicles.
Meets Standard Yes ;/ No ❑
9
See response below from MBV Engineering, Inc. (Exhibit -CI):
The proposed construction's finished floor elevation is located at +10.1 ft. NAVD or
2.1 ft. above the VE 7 freeboard elevation of+8.0, with (2) proposed ADA compliant
locations of egress directly to the City of Sebastian right of way.
(9) The exnected heights, velocity, duration, rate of rise and debris and sediment transport of the
floodwaters and the effects of wave action, if applicable, exnected at the site.
Meets Standard
Yes V No ❑
See response below fi•om MBV Engineering, Inc. (Exhibit-C2):
The proposed construction is located within VE 7 flood zone as depicted on FIRM
Map #12061C0103 H. For a detailed review of coastal specific locations, the
recommended methodology of analysis is through the Indian River County Flood
Insurance Study (FIS). An excerpt of the FIS has been provided in Appendix B
depicting the project's location at transect #59 and subjected to a maximum wave
crest elevation of+6.90 ft. NAVD. Subsequently, the existing beam elevation of+7.60
is 0.7 ft above the maximum wave elevation.
(10) The costs of Droviding governmental services during and after flood conditions
including maintenance and reaair of Dublic utilities and facilities such as sewer, gas,
electrical and water systems, streets and bridges.
Meets Standard
Yes I/ No ❑
See response below fi-om MBV Engineering, Inc. (Exhibit-C2):
The proposed construction is within the threshold of a larger overall development
project (Squid Lips) and the cost of the additional government services would be
minimal considering the proximity of existing infrastructure. Prior to development,
the project location is currently served by Indian River County Water, Sewer, and
Fire Protection. Additionally, it should be noted that a comprehensive traffic analysis
was performed and the proposed construction poses no major impact to traffic
loading in the area.
7
Section 46-40
Variances shall only be issued upon the following:
(1) Submission by the applicant. of a showing of eood and sufficient cause that the uninuc
characteristic of the size, configuration, or tovouraphv of the site limit compliance with anv
provision of Chanter 46 or the required elevation standards.
Meets Standard
Yes Q� No ❑
See response below from MBV Engineering, Inc. (Exhibit-C2):
The above explanation is good and sufficient cause. This over -water concrete slab was
constructed in 1993 and the attached structural engineer's report confirms that the
existing elevation will not cause harm to public safety.
(2) Determination by the Board of Adiustment that:
a. Failure to grant the variance would result in exceptional hardship due to the
physical characteristics of the land that render the lot undevelopable; increased
costs to satisfy the requirements or inconvenience do not constitute a hardship.
Meets Standard Yes W" No ❑
See response below from MBV Engineering, Inc. (Exhibit-C2):
This structure has unique physical characteristics and has been in place for over 27
years. It cannot be utilized without this requested variance.
b. The granting of the variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, nor create nuisances, cause
fraud on or victimization of the public or conflict with existing local laws and
ordinances.
Meets Standard Yes V No ❑
See response below from MBV Engineering, Inc. (Exhibit-C2):
See above and attached structural engineer's letter.
C. The variance is the minimum necessary, considering the flood hazard, to afford
relief.
Meets Standard Yes f,/ No
H.
See response below from MBV Engineering, Inc. (Exhibit-C3):
The slab already exists and cannot be modified. The property owner has intended to
develop the slab into a new restaurant, has undertaken steps to do so and hopes to
continue its development efforts.
(3) Receint of a signed statement by the analication that the variance, if granted. shall
be recorded in the office of the clerk of the court in such a manner that it anoears in the
chain of title of the affected parcel of land.
Meets Standard
Yes LdY No
See sided statement fi-om Sembler Marina Partners, LTD (Exhibit-D):
(4) 1f the reauest is for a variance to allow construction of the lowest floor of a building or
substantial irnarovement of a building, below the required elevation, a couv in the record of a
written notice from the floodplain administrator to the applicant for the variance, snecifving
the difference between the base flood elevation and the m•000sed elevation of the lowest floor,
stating the cost of federal insurance will commensurate with the increased risk resulting
from the reduced floor elevation (u) to amounts as high as $25.00 for $100.00 of insurance
coverage), and stating that construction below the base flood elevation increases risks to life
and aroacrty.
Meets Standard
Yes V No tl
See letter to applicant from City of Sebastian Ploodplain Administrator (Exhibit —E).
EXHIBIT A
February 12, 2021
Mr. Paul Carlisle
Sebastian City Manager
1225 Main Street
Sebastian, Florida 32958
Dear Mr. Carlisle:
U.S. Department of Homeland Security
Soo C Street, SW
Washington, DC M72
FEMA
The purpose of this letter is to provide you with the results of the National Flood Insurance Program (NFIP) Community Rating
System (CRS) field verification findings based on your 5-year cycle verification. The field verification report is enclosed for
your records.
Congratulations! The Department of Homeland Security, Federal Emergency Management Agency (FEMA), has determined
that the City of Sebastian will increase to a Class 6 in the NFIP CRS. The floodplain management activities implemented by
your community qualify it for a 20 percent discount on flood insurance premiums for NFIP policies issued or renewed in
Special Flood Hazard Areas on or after October 1, 2021. This savings is a tangible result of the flood mitigation activities your
community implements to protect lives and reduce property damage.
Please note that Preferred Risk Policies, applicable in Zones B, C, and X on your community's NFIP Flood Insurance Rate
Map, are not eligible for the CRS discount. Standard rated flood insurance policies in Zones B, C, X, D, AR, and A99 are
limited to a CRS discount of 10 percent in Class 1-6 communities and 5 percent in Class 7-9 communities. The rates for the
above -mentioned policies already reflect significant premium reductions.
The CRS rating for your community will automatically be renewed annually as long as there are no NFIP noncompliance
actions, so a notification letter will not be sent every year. This annual renewal will take place as long as your community
continues to implement the CRS activities you certify in your annual recertification documentation. If no additional
modifications or new CRS activities are added, the next verification visit for your community will be in accordance with its
established 5-year cycle. In the interim, FEMA will periodically send the NFIPICRS Update newsletter and other notices to
your CRS Coordinator to keep your community informed.
I commend you on your community actions and your determination to lead your community to be more disaster resistant. This
commitment enhances public safety, property protection, and protects the natural functions of floodplains, and reduces flood
insurance premiums.
If you have any questions or need additional information, please contact the FEMA Region IV Office, CRS Coordinator Roy
McClure, by telephone at (770) 220-8835.
Sincerely,
wj&"
William H. Lesser, CRS Coordinator
Federal Insurance and Mitigation Administration
Enclosure
cc: Michelle Faulkner, CFM, CRS Coordinator
EXHIBIT B
Wayne Eseltine
From: Rebecca C. Quinn <rcquinn@earthlink.net>
Sent: Thursday, April 01, 2021 3:15 PM
To: Wayne Eseltine
Subject: Sebastian - platform
Follow Up Flag: Follow up
Flag Statur. Flagged
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links,
especially from unknown senders.
Wayne,
This is what I wrote up and sent to DEM:
The current effective FIRMs issued in 2012 show the site is Zone V. I forget what you said is the
surveyed elevation of the platform/lowest horizontal. You're going to verify the flood zonc and
BFE at the time the permit for the platform was issued. Looking in the Map Service Center, for
maps dated 1989, it was a Zone A with BFE of 6 ft NGVD29. So, assuming the top of the
platform is at or above 6 ft NGVD29, it appears is the platform is nonconforming with toda!�'s
requirements, but was compliant with the requirements in effect when the permit was issued and
when the platform was constructed. I don't have a copy of what your flood rules were at the time
the permit was issued, but they probably had Zone A/AE requirement for the lowest floor at or
above the BFE (without freeboard).
So, next is how to treat it under today's rules. You consider it a substantial improvement and as
building official, that's your call to make. The general rule for Sub Imp is bring it into compliance
with current requirements. Now, what about the landward of the reach of mean high tide part of
the Zone V requirements?
1. CFR 60.3(e)(3) says new construction located landward of the reach of mean high tide
2. ASCE 24 Sec. 4.3 #1 says "New construction, not including substantial improvements, shall
be located landward of...
I can only offer suggestions because I am not a building official. Whether you handle it by permit
or variance is up to you, but give then above, seems like you could do it as a permit. I suggest the
restaurant can be built on the platform, that the city needs to document the heck out of its
deliberation, and I recommend you send a registered letter to the owner saying the permit decision
has no bearing on NFIP flood insurance policy availability, coverage or rates. [I don't like to make
definitive statements about insurance, although we do know for sure the NFIP does not insure
buildings over water, even in Zone A/AE where the CFR doesn't preclude over water]
Answering your 3/31 question:
Incidentally, I found some more information regarding the unique situation with the structure located over water that is
proposing the substantial improvement with a restaurant addition. According to the CRS manual, it turns out that CRS
only requires elevation certificates for all "buildings" that are new and substantially improved in the SFHA. "Buildings" is
I
defined in section 301.a as follows; "for CRS purposes, a structure qualifies as a building based on whether it is
insurable". Also under ineligible property it states that buildings over water newly constructed or substantially improved
on or after October 1,1982, are ineligible for coverage.
So, we are thinking that if this facility is approved for a variance based on its non -conforming condition with the current
code, we don't believe we will need to submit the elevation certificate for CRS. So I am still not 100% sure the variance
would not hurt us with CRS points being taken away, but there is a chance it won't matter to them. Any thoughts??
I can't speak to how CRS does things. But I've heard multiple times that the act of granting a
variance is not cause for penalty, it's only if a variance allows a building below the required
elevation AND that shows up in the Elev Certif. Seems like you found the logic for not inckiding
the EC.
Rebecca C. Quinn, CFM
RCQuinn Consulting, Inc.
1044"StNE#2
Charlottesville, VA 22902
Phone: 434-296-1349
Cell: 443-398-5005
2
B2
Wayne Eseltine
From:
Michelle Faulkner
Sent:
Tuesday, April 13, 2021 11:57 AM
To:
Wayne Eseltine
Cc:
Dorri Bosworth
Subject: FW: Community Rating System (CRS) Annual CC Request — Sebastian, FL 120123
FYI
From: Arkens, Bradley[mailbo:Bradley.Arkens@verisk.com]
Sent: Tuesday, April 13, 2021 11:46 AM
To: Michelle Faulkner
Subject: Re: Community Rating System (CRS) Annual CC Request — Sebastian, FL 120123
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments
or clicking links, especially from unknown senders.
Since it's over water, it's not an insurable building and therefore would not need to be submitted for Activity
310 purposes. However, it might come up when your CRS Specialist when checking on freeboard verification.
would recommend checking with your state or FEMA region to see what they want to do with this building.
This is more of a compliance issue then a "CRS" issue.
Get Outlook for iOS
From: Arkens, Bradley <Bradley.Arkens@verisk.com>
Sent: Tuesday, April 13, 20219:37:00 AM
To: Cofoid, Scott <SCofoid@verisk.com>
Subject: Re: Community Rating System (CRS) Annual CC Request —Sebastian, FL 120123
You talked with someone from Sebastian about this?
Thank you for the information.
Get Outlook for iOS
From: Cofoid, Scott <SCofoid@verisk.com>
Sent: Tuesday, April 13, 20219:24:19 AM
To: Arkens, Bradley <Bradley.Arkens@verisk.com>
Subject: RE: Community Rating System (CRS) Annual CC Request —Sebastian, FL 120123
I talked with someone from the city last week about this. Tell her I did so and I think I talked to Wayne?
I told him since it's over water, it's not an insurable building and therefore would not need to be submitted for
Activity 310 purposes. However, it might come up when their CRS Spec is checking on freeboard verification
and they mention they've had a variance. I told him that they really need to be checking on what to do with
this building with the State or FEMA Region. This is more of a compliance issue then a "CRS" issue. But of
course, if FEMA finds enough violations, they could remove them from the CRS Program.
Scott Cofoid
CRS Technical Coordinator
Phone: *1.815.220.1002 Mobile:+ 1.81.5.993.3579
Verisk
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From: Arkens, Bradley <Bradley.Arkens@verisk.com>
Sent: Tuesday, April 13, 20219:57 AM
To: Cofoid, Scott <SCofoid@verisk.com>
Subject: Fwd: Community Rating System (CRS) Annual CC Request - Sebastian, FL 120123
Hi Scott, could you take a look at this question and give me some guidance on it? Thanks.
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From: Michelle Faulkner <MFaulkner@Citvof5ebastian.ore>
Sent: Monday, April 5, 2021 11:11:07 AM
To: Arkens, Bradley <Bradley.Arkens@verisk.com>
Cc: Wayne Eseltine <weseltine@CityOfSebastian.ore>
Subject: RE: Community Rating System (CRS) Annual CC Request - Sebastian, FL 120123
Caution: This email originated outside of the organization
Good ailemoon.
I was hoping you could answer it question about an elevation certificate. We have a proposed project that would
be a substantial improvement to an existing structure that is located in VE-7 and is entirely over water.
According to the CRS Manual; we must maintain the Elevation C'ertilicate liar finished construction elevations
for -Buildings- constructed or substantially improved in the SFHA. "Buildings" is defined in section 301.a. is
based on whether it is insurable. Under section V1, ineligible property; a Building entirely over water that is
constructed or substantially improved on or after October 1, 1982 is ineligible lift coverage.
Do we need to include an elevation certificate ibr it -'Buildingc" that is ineligible because it is located entirch
Over water'?
Thank you.
Michelle Faulkner, C IN
MBV
ENGINEERING. INC.
w .mbvengxom Cn #3728
April 30, 2021
Ms. Dorri Bosworth
City of Sebastian
1225 Main Street
Sebastian, FL 32958
Subject: Squid Lips Restaurant
City of Sebastian, Florida
Engineer's Project Number:
Dear Ms. Bosworth:
EXHIBIT C
Via Email (dbosworth c@r cityofsebastian.org)
16-0188
In association with Development Order Application review and as per coordination with City of
Sebastian Building Department and Community development staff, the proposed project shall
apply for and provide written verification of the substantiation for a variance from the City of
Sebastian Code of Ordinance Sec 46- Flood Plain Managetnenl Ordinance. The following
variance criterion responses are provided to aid staffand advisory board representatives in review.
The criterion as displayed are per City of Sebastian LDR Sec 46-39 and LDR Sec 46-40
Considerations fir Issuance of Variances. The following are our responses:
See 46-39. Criteria Responses:
Reouested Variance Svnoosis:
The project is currently proposing to utilize an existing over -water concrete slab for the
development of a restaurant building. When constructed in 1993 and in accordance with Florida
Building Code / FEMA regulation of the time, the building was permitted and constructed to meet
Flood Plain Regulations. However, as the proposed building construction is to provide an
improvement value of greater than 50% of the structure it must be brought up to meet current FBC
/ FEMA regulation which currently includes an additional freeboard requirement in velocity zone
(VE 7) The proposed variance is to allow the existing concrete beams (7.6' NAVD) to remain
with in the minimum elevation (8.0' NAVD) of the VG 7 zone where the structure is located.
Variance Criteria Responses
The danger that materials and debris may be swept onto other lands resulting in further
injury or damage: The proposed construction is located east of (lie MHWL and is not
physically connected by land to any adjacent parcel or property.
1035 201115ue I 1250W Eau Galk 61.1 ; 4in H -�— 80! Drlaeae Arentr
'. Hrm I, It 31-I1ui Mrlbru ne FL 31°15 FI Pivrar FL 34950
772 56001 H5 321 253 1510 772 4689055
F— 77177P. 3617 Fn, 3111SIMII Fa. 7727781617
�f C1
Ms. Dorri Bosworth
April 30, 2021
Page 2
EPN:16-0188
2. The danger to life and property due to Flooding or erosion damage: The proposed
construction is only proposing a variance on an encroachment of the freeboard of
the VE7 flood zone, not the active wave elevation. See Appendix A, a graphic has
been included depicting the various flood elevation criteria against the existing
concrete beam.
3. The susceptibility of the proposed development, including contents, to flood damage and
the effect of such damage on current and future owners; See appendix C. A letter has
been included by the project's structural engineerverifying the lack of susceptibility
of the project to flood / erosion damage.
4. The importance of the services provided by the proposed development to the community;
The project is proposed as a significant job creator for the waterfront community
and provides a service that is necessary for expectations for the tourist driven City
of Sebastian and historic services area.
5. The availability of alternate locations for the proposed development that are subject to
lower risk of flooding or erosion: Due to the fact that the proposed construction is on
the pad of an existing structure an alternative location analysis is not applicable.
6. The compatibility of the proposed development with existing and anticipated
development; The proposed development is part of a master plan project and meets
the design and character and the proposed and existing facilities within the direct
vicinity and CWR zoning district.
7. The relationship of the proposed development to the comprehensive plan and floodplain
management program for the area: The proposed construction is located within the
CWR zoning district and in compliance with City of Sebastian code of ordinances
with regards to allowable uses within the zoning district. The floodplain
management program for the area defines the project location under the VE 7 zone
as depicted on FIRM Map #12061C0103 H. A variance is being requested for the
0.4' encroachment of the existing beam into the 1' freeboard elevation of 8.0' for the
VE7 flood zone.
8. The safety of access to the property in times of flooding for ordinary and emergency
vehicles; The proposed construction's finished floor elevation is located at 10.1'
NAVD or 2.1' above the VE7 freeboard elevation 8.0 with (2) proposed ADA
compliant locations of egress directly to the City of Sebastian R/W.
Ir
Ms. Dorri Bosworth
April 30, 2021
Page 3
EPN: 16-0188
C2
9. The expected heights, velocity, duration, rate of rise and debris and sediment transport
of the floodwaters and the effects of wave action, if applicable. expected at the site; and
The proposed construction is located within VE 7 zone as depicted on FIRM Map
#12061C0103 H. For a detailed review of coastal specific locations, the
recommended methodology of analysis is through a review of the IRC Flood
Insurance Study (FIS). An excerpt of the FIS has been provided in Appendix B
depicting the project's location at transect #59 and subjected to a max wave crest
elevation of 6.90'. Subsequently, the existing beam elevation of 7.60' is 0.7' above
the max wave elevation.
10. The costs of providing governmental services during and after flood conditions including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical and
water systems. streets and bridges. The proposed construction is within the threshold
of a larger overall development project (Squid Lips) and the cost of the additional
governmental services would be minimal considering the proximity of existing
infrastructure. Prior to development, the project location is currently served by
Indian River County Water, Sewer, and Fire Protection. Additionally, it should be
noted that a comprehensive traffic analysis was performed and the proposed
construction poses no major impact to traffic loading in the area.
See 4640. Criteria Resnonses
1. Submission by the applicant, of a showing of good and sufficient cause that the unique
characteristics of the size, configuration, or topography of the site limit compliance with
any provision of this chapter or the required elevation standards. The above explanation
is good and sufficient cause. This over -water concrete slab was constructed in 1993
and the attached structural engineer's report confirms that the existing elevation
will not cause harm to public safety.
2a. Failure to grant the variance would result in exceptional hardship due to the physical
characteristics of the land that render the lot undevelopable; This structure has unique
physical characteristics and has been in place for over 27 years. It cannot be utilized
without this requested variance.
2b. The granting of a variance will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, nor create nuisances, cause fraud on or
victimization of the public or conflict with existing local laws and ordinances; See above
and attached structural engineer letter.
1�
Ms. Dorri Bosworth
April 30. 2021
Page 4
EPN:16-0188
C3
2c. The variance is the minimum necessary, considering the flood hazard, to afford relief:
The slab already exists and cannot be modified. The property owner has intended
to develop the slab into a new restaurant, has undertaken steps to do so and hopes
to continue its development efforts.
3. Receipt of a signed statement by the applicant that the variance, if granted, shall be
recorded 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. The applicant will record the variance
with the clerk of the court.
4. If the request is for a variance to allow construction of the lowest floor of a new building,
or substantial improvement of a building, below the required elevation, a copy in the
record of a written notice from the floodplain administrator to the applicant for the
variance, specifying the difference between the base flood elevation and the proposed
elevation of the lowest floor, stating that the cost of federal flood insurance will be
commensurate with the increased risk resulting from the reduced floor elevation (up to
amounts as high as $25.00 for $100.00 of insurance coverage), and stating that
construction below the base flood elevation increases risks to life and property. See
attached letter.
Should you have any questions regarding the above subject, please feel free to contact our office
at any time.
Sincerely,
Ryan McLean, E.I.
Project Manager
RM/jeh
Annendi x A
Proposed Construction -- Flood Encroachment Exhibit
FINISHED FLOOR EL 10.14 (NAVD)
-EXISTING 6" HOLLOW COWE SLAB .
a
EXISTING 24" WNC BEAM `
j EXISTING
CONC.
PILE a i
y 41
�I
A � I
1
d
i
t
1 �
G•J 1
r--------------------------
4 c
1
VE FREEBOARD EL. = 8.W (NAVD)
BOTT. OF BEAM EL = 7-W (NAVD)
VE FLOOD ZONE EL = 7.W (NAVD)
FIS WAVE CREST EL = S.W (NAVD)
MEAN HIGH WATER LINE= (-) 0.7Z (NAVD)
1835 - 20TH STREET
'mum ,do+a
VERO BEACH, FL 32860
Dom mu
,AMBVPH. (772) 56"035
SQUID LIPS OVER -WATER cwm mm
RX. (772) 778-3817
ENGINEERIN INC
VARIANCE EXHIBIT clan= AMM21
WA AA &M v 4 ASSOMM WUPAW FL - wi (az�) zaf-1510
DAIS An
CAxmum owam 0e6 CA /37= FT. PIERCE, FL - PH (772) 4 90 6
OfaAIB TOO
Appendix B
Flood Insurance Study Excerpt
Figure 2: Transect Schematic
I IMVt MEKNT finAn" Ix" VT
lMHN N1LLr11��
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A AW..
llrri M1GNf ttSS TM�N )�i
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W" RR.
Table 8: Transect Locations, Stillwater Starting Elevations,
and Initial Wave Crest Elevations
1=Percent-Annual-Chance
_ Transect - Location x E1evatioii:(Feet.NAVD).
- Stillwater.:
= Wave .Crest
From the Atlantic coastline, approximately 500
1 feet south of State Road A-1-A bridge over
5.93 9.93
Sebastian Inlet, extending west
From the Atlantic coastline, approximately
2 2.700 feet south of State Road A- I -A bridge
6.00 10.03
over Sebastian Inlet, extending west
From the Atlantic coastline, approximately 1.2
3 miles south of State Road A-1-A bridge over
6.00 10.03
Sebastian Inlet, extending west
From the Atlantic coastline, approximately 2.6
4 m i les south of State Road A-1-A bridge over
6.01 10.05
Sebastian Inlet, extending west
From the Atlantic coastline. approximately
5 2,900 feet north of intersection of Jungle Trail
6.01 10.05
and State Road A-1-A, extending west
34
Table 8: Transect Locations, Stillwater Starting Elevations,
and Initial Wave Crest Elevations (continued)
4;1 �-t •-; - - - - -
;p Verit W4 ance.
TV. 61 Cb—
E evad (V NAYM'
Stilivffiter: Wive: Crest
From the- Indian River west. bank,
59
approximaiely.4,700 f6ofoorth of intersection
4.68 6.90
of Main Shvvt and Riverside Avenue,
extendin viest' . g .... ' :
From the Indian River west bank,
60
approximately 650 feet north of intersection of
5.40 7.89
County Highway 512 and Riverside Avenue,
extending west
From the Indian River west bank,
61
approximately 2,600 feet south of intersection
5.69 7.75
of County Highway 512 and Riverside Avenue,
extending west
From the Indian River west bank,
62
approximately 2,100 feet south of intersection
6.01 7.91
of Riverside Avenue and U.S. Route 1,
extending west
From the Indian River west bank,
63
approximately 5,000 feet south of intersection
5.83 7.62
of Riverside Avenue and U.S. Route 1,
extending west
From the Indian River west bank,
64
approximately 800 feet north of Duck Point,
5.98 8.99
extending west
From the Indian River west bank,
65
approximately 3,900 feet south of Duck Point,
6.35 8.25
extending west
From the Indian River west bank,
66
approximately 3,400 feet north along U.S.
6.66 9.97
Route I from County Highway 510 bridge,
extending west
From the Indian River west bank,
67
approximately 700 feet north of County
6.66 8.66
Highway 510 bridge along shoreline, extending
west
From the Indian River west bank,
68
approximately 600 feet south of County
5.66 7.48
Highway 510 bridge along shoreline, extending
west
40
Amendi x C
Structural Engineering Review Letter
MAI Design Build
395 Stan Drive, Suite B
Melbourne, Florida 32904
April 28, 2021
Mr. Wayne Eseltine, CBO FSI CFM
Building Director / Fire Marshall
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Ref: Squid Lips Restaurant
City of Sebastian, Florida
Engineers Project Number:16-0188
Development Order Application Review
As Built Structural System
Dear Mr. Eseltine,
The 'as built' structural system of the above referenced project is encroaching 0.4 feet
Into the VETs =1.0 feet freeboard requirement of 8.0 feet (NAVD).
The structural system for the project above was designed sometime before 1-20-1999.
David T Menzel PE 30830 FL was the engineer of record and the design firm was
MAI Architects Engineers, Inc.
This letter is to confirm that the structural design of the above referenced project
met all the requirements of the Florida Building Code and the ANSI/ASCE in place
at the time of the design.
Should you have any questions, please call me at 321-863-2809
Sincere
David T Menzel PE CGC TI
President
MAI Design Build
PE 30830 FL
EXHIBIT D
Sembler Marina
Sebastian, Florida • (561) 589-4843
May 3, 2021
City of Sebastian
1225 Main St
Sebastian, FL 32958
Re: Squid lips Floodplain Variance Application
Gentlemen:
This letter is to acknowledge that the variance, if granted, shall be recorded 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.
Sincerely,
LX
H. JAUUrill, Ill
Sembler Marina Partners, Ltd.
HJU/bms
Administrative Offices: 490 N. Harbor City Blvd, Melboume, FL 32935 • (321) 242-2224
CITY OF EXHIBIT E
SEJ3ASTJ'&
HOME OF PELICAN ISLAND
BUILDING DEPARTMENT
FIRE PREVENTION OFFICE
1225 MAIN STREET • SEBASTIAN, FLORIDA 32958
TELEPHONE.- (772) 589.5537 FAX (772) SB9-2566
April 28, 2021
Sembler Marina Partners, LTD
c/o Underill Management Company
Attention: Mr. Buz Underill
490 N. Harbor City Boulevard
Melbourne, Florida 32935
Subject: Insurance premiums as it relates to a variance request for a substantial improvement to the
existing structure located at 1660Indian River Dr.
Mr. Underill,
This letter is being written in accordance with the City Code of Ordinance Chapter 46 Flood, Section 46-
39; to inform you of flood elevation requirements and increased risks that will affect insurability.
The proposed addition to the existing concrete structure that was originally permitted in 1991 has been
determined to be a substantial improvement as defined in City Code of Ordinance 46-46.5. This is due to
the cost of a new restaurant addition that will exceed 50% of the value of the existing structure not
including the land before any improvements are made. A substantial improvement requires the existing
structure to meet the current flood elevation standards per Florida Building Code Section; 1612.4 and
ASCE-24.
The existing structure which was built in 1991 was located over water seaward of the high water mark,
in the Coastal High Hazard flood zone or V-Zone. Structures located in a V-Zone were required to have
the bottom of the lowest horizontal structural member to be located at or above the Base Flood
Elevation (BFE) and it appears that the structure was originally built above the base flood elevation
measured in NGVD at the time.
The current flood elevation standards have changed since 1991. The current standards do not allow new
construction to be seaward of the high water mark with the exception of additions and requires
structures located in a V-Zone to have the bottom of the lowest horizontal structural member to be
located above BFE plus one foot, per Florida Building Code Section 1612.4 and ASCE-24 Section 4.4. The
V-Zone BFE where this structure is located is +7.0. The bottom of the lowest horizontal member needs
to be at+7.0 plus 1.0 ft. or+8.0. It has been determined that the existing structure finished floor
elevation is at +10.1 and the bottom of the lowest horizontal member is at +7.6, which is 0.4 ft. below
the required elevation.
Given the facts stated above, Sembler Marina Partners LTD, the owner of the structure, is now seeking a
variance from City Code of Ordinance Section 46-22 which requires all new construction to meet the
current code. The owner is seeking a variance because the existing structure was built on concrete piling
and the lowest horizontal members consist of poured concrete beams, therefore it is infeasible to move
or elevate the existing structure to comply with the current code.
As the City of Sebastian Floodplain Administrator, it is my duty to inform you the applicant that your
request for a variance to allow the construction of an addition which constitutes a substantial
improvement, whose lowest horizontal member is 0.4 ft. below the required elevation and located over
water, increases risk to life and property. Furthermore, because the structure is located over water it is
considered uninsurable by federal flood insurance carriers and any other types of insurance policies that
may be available will have extraordinary rates in excess of $25 for every $100 of insurance coverage due
to the increased risks.
Please act accordingly,
Sincerely,
4,,"-
Wayne Eseltine CBO FSI CFM
Building Official, Fire Marshal, Floodplain Administrator
772-388-835
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LINCI
SEA"' ""'" Permit Application No.
- City of Sebastian
HOME OF PELICAN ISLAND Development Order Application
Applicant (If not owner, written authorization (notarized) from owner is required)
Name: Sembler Marina Partners LTD
Address: c/o Underill Management Company- 490 N Harbor City Blvd., Melbourne, FL 32935
Phone Number: ( 321 ) 242-224 x 112 FAX Number: (321) 259-4893
E-Mail' buz@underill.com
Owner (If different from applicant)
Name: Same as applicant
Address:
Phone Number
E-Mail:
FAX Number:
Title of permit or action requested: Variance Request- Building Height (Flood zone encroachment)
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE
REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" COPIES OF ANY
ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project Name (if applicable): Squid Lips
B. Site information
Address: 1660 Indian River Drive
Lot: Block: Unit:
Subdivision:
Indian River County Parcel #: 30-39-31-00000-0010-00002.0
Zoning Classification: CWR
Existing Use: Restaurant/Marina
Future Land Use: RMU
Proposed Use: Restaurant/Marina
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessarv):
In association with the proposed activities under the project title "Squid Lips", currently under
Major Site Plan Modification review, the proposed permit request is for a variance of the size flood
code ordinance Sec 46 to allow for 0.4' encroachment into the freeboard of the V E7 Flood zone.
DATE RECEIVED: `_/oA/, A FEE PAID: $ OLD RECEIVED BY: N�—�
Permit Application No.
D. Project Personnel:
Agent: N/A
Name:
Address
Phone Number. ( ) - FAX Number ( ) -
E-Mail:
Attorney:
Name: Lacey Lyons Rezanka - Kimberly B. Rezanka
Address 1290 US Highway 1, Suite 201 Rockledge, FL 32955
Phone Number. ( 321) 608 - 0892 FAX Number
E-Mail: krezanka@ilr.law
Engineer:
Name: MBV Engineering, Inc.
Address 1835 20th Street; Vero Beach, FL 32960
Phone Number ( 772 ) 569 - 0035 FAX Number. ( ) -
E-Mail: ryanm@mbveng.com
Surveyor:
Name: William Mott Land Surveying, Inc.
Address 3800 W. Eau Gallie Blvd., Suite 101 Melbourne, FL 32934
Phone Number ( 321 ) 751 - 4444 FAX Number. '(321) 751-4455
E-Mail: jon@wmisi.com
i, Buz Underill , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER I AM
THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION. AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. Vt,
X
SIGNATURE j `, `DATE"'
SWORN TO AN SCRIBED BEFORE ME BY VU II�N b(�Ro[L J�
WHO IS PERSONALLY KNOiWTO ME OR PRODUCED
AS IDENTIFICATION, THIS DAY OF L Off.
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY >(11Q (O�+pl�lCb
COMMISSION NO./EXPIRATION J4t�,�11U��
SEAL:
7MPARAol MMOS
MYCIMUNIMIM3V444
•�� F.XPMAupd24,2023
Permit Application No.
The following Is required for all comprehensive plan amendments, zoning amendments
(Including rezoning, site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
I/WE, X THE OWNER(S) / THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE. CITY COUNCIL / BOARD OF ADJUSTMENT
BOARDICOMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY/OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE IIWE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF TIDE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MYIOUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS FUGHTS 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 PROMI ES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
X C, 4 � X(
SIGNATURE ,, ii DINE
Sworn to an bscribed before me by P —1 iifllLL. ,
w o is pally Kn _ tp me or produced
as identification, this Rb day of AVM-► , 20;&.
Notary's Signature
Printed Name of Notary !71 tf t�STOOct 1.05
Commission No./Expiration Cats Z
Seal:
r, w ti TWII P1ANAG OTOM0a -Y
:•; �= 16fYCOlIA1t M 880 3V444
rite iw%a6:AqW24,2=
too Now I tU teyAWcllbdo"Ip
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.
ACKNOWLEO(� DATE
Permit Application No.
am
"CAN Of FRIC01 MOM
Supplemental Information
Application to the Board of Adjustment
1. This application is for a (check one): V variance(s) _ appeal(s)
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):
The aoolicant is seeking a variance under Citv Code of Ordinance Chanter 46 Floods:
Section 46-22. The ouroo;e of the variance is to prgvide relief from Florida Building ode
Section 1612.4: wherebv the minimum elevation reauirement for a building located in a
coastgI high hazard flood zone i$ tease flood elevation plus 1 ft to the lowest horizontal
member of an exi ine structure that Is being substantially roved. The bottom of the,
lowest horizontal member of the existing structure is +7& ft and the minimum
reauirement is +8.0 ft.
3. Legal description of the property involved: See attached.
V 4. Attach the following:
a. Boundary survey of the property executed by a Florida Registered
Surveyor. The survey shall show the dimensions of the lot or parcel at
Issue, the location of all structures, if any, along with adjacent streets,
and all easements and right-of-ways.
b. Additional data and information as required to properly advise the Board
of the facts and circumstances needed to decide the case on its merits.
c. The names and addresses of all property owners whose property or part
of their real property is within 300 feet of any outer boundary of the lot
or parcel of land that is sublect of the application.
LEGAL DESCRIPTION: (BY SURVEYOR)
A portion of Submerged land and lands described In O.R. Book 0871, Page 1386 and
lands described In O.R. Book 0938. Page 1889 and O.R. Book 2023. Page 1074.
Inclusive of the Public Records of Indian River County. Florida, being more
particularly described as follows:
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 12,
1990; thence South 24045'07" East along said West Right -of -Way tine, a distance of
109.38 Feet; thence South 23029'08" East along said West Right -of -Way line. a
distance of 1.57 Feet to a point on the North line of the South 216.50 feet of Lot S.
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; thence North 89004'14"
East along said North One of the South 216.50 feet of Lot 5. a distance of 71.47 Feet
to a point the East Right -of -Way line of said Indian River Drive and the POINT -OF.
BEGINNING (surveyed from N.A.D. 83190); thence continue North 89004'14" East
along said One, a distance of 29.35 Feet; thence North 69025'13" East. a distance of
189.60 Feet; thence South 23°34'19" East, a distance of 177.05 Feet; thence South
69025'13" West, a distance of 105.36 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 fifteen (15) calls:
South 52008'39" East, a distance of 15.30 Feet: thence South 524r52" East. a
distance of 18.92 Feet; thence South 51 °04'16" East. a distance of 15.64 Feet: thence
South 50148'59" East, a distance of 6.61 Feet; thence South 19000'22" East, a
distance of 7.44 Feet; thence South 27°34'12" East. a distance of 13.21 Feet; thence
South 29944'25" East. a distance of 28.49 Feet; thence South 02030'24" West. a
distance of 5.51 Feet; thence South 20418'30" East, a distance of 29.38 Feet; thence
South 181153'45" East, a distance of 19.41 Feet; thence South 19057'25" East. a
distance of 18.76 Feet: thence South 03024'54" East, a distance of 18.05 Feet; thence
South OP 16'41" East. a distance of 31.89 Feet; thence South 26°59'55" West. a
distance of 19.31 Feet; thence South 02007'01" East, a distance of 21.32 Feet to a
point on a line of acquiescence described in the District Court of Appeal of the State
of Florida, Fourth District, Case No. 4001-4718. Opinion filed April 16. 2003; thence
South 8900Cl4" West along said Me of acquiescence. a distance of 109.57 Feet to
the said East Right -of -Way time of Indian River Drive; thence North 22021'52" West
along said East Right -of -Way Itn% a distance of 204.40 Feet; thence North 231129'08"
West along said East Right -of -Way line, a distance of 196.93 Feet to the POINT -OF -
BEGINNING.
Containing 1.60 Acres of land more or less.