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HomeMy WebLinkAbout06-08-2022 BOA AgendaOno HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT AGENDA WEDNESDAY, JUNE 8, 2022 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA), BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE [>:i 1r�MiYY�Z7 77D 1 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE — Council Member Nunn :�Tflwwq.IJJA 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous tote of City Council 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staf. No public input or actions under this heading. A. Proclamation - Code Enforcement Officer Appreciation Week - June 6-10, 2022 B. Proclamation - Dump the Pump Day - June 16, 2022 Brie Announcements: PUBLIC INPUT The heading on Regular Meeting agendas "Public Input "provides an opportunityfir individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Grdividuals are asked to resolve matters with staff prior to meerings. Individuals are asked to provide copies of materials.for Council one week pior to the meeting if they intend to refer to specific material. City Council willnot debate an issue during Public Input but may be consensus direct a Charter Officer in regard to the item if necessay or place a requested item on a f mere agenda. 8. RECESS THE CITY COUNCIL MEETING AND CONVENE THE BOARD OF ADJUSTMENT MEETING pgs 6-9 A. Approval of Minutes - February 23, 2022 BOA Meeting B. OUASI-JUDICIAL PUBLIC HEARING Adopted Ouasi-Judicial Public Hearin Procedures: Chairman opens hearing Attorney reads title of request Board discloses ex parte communication or site visit City Clerk swears in all who intend to provide testimony Applicant makes presentation Staff presents findings and analysis Board asks questions of the applicant and staff Chairman opens the floorfor 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 pgs 10-73 i. K&A FOREIGN CAR SERVICE, INC. HAS APPEALED AN ADMINISTRATIVE DETERMINATION THAT THE NON- COMPLYING VEHICULAR SERVICES AND MAINTENANCE USE FOR THE PROPERTY LOCATED AT 800 LOUISIANA AVENUE, FKA FIREHOUSE GARAGE, HAS BEEN ABANDONED BASED ON LAND DEVELOPMENT CODE SECTION 54-2-8.8 AND CESSATION OF BUSINESS ACTIVITIES FOR MORE THAN ONE (1) YEAR. THE APPELLANT WISHES TO PRESENT EVIDENCE THAT THE USE HAS NOT BEEN ABANDONED AND IS STILL ALLOWABLE. —� 9. ADJOURN THE BOARD OF ADJUSTMENT MEETING AND RECONVENE THE CITY COUNCIL MEETING 10. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. Ifa member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 74-84 A. Approval of Minutes — May 25, 2022 Regular City Council Meeting pgs 85-114 B. Approve the Piggyback Purchase of Five (5) Ford Explorer SUV Vehicles from Bartow Ford Using Charlotte County Contract #2021000541 for the Police Department in the Amount of $277,506.35 (Transmittal, Letter, Acceptance, Quote, Bid Tab, Bid Doc, Source of Supply) pgs 115-121 C. Approve the Purchase of One (1) Defender Pro XT HD10 Utility Vehicle from Central Florida PowerSports for the Police Department in the Amount of $24,540.00 (Transmittal, Quotation Process Form, Vendor Quote) CRYLf �TM HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached February 23, 2022 Board of Adjustment minutes were approved at the June 8, 2022 Board of Adjustment meeting. Chairman Jim Hill ATTEST: Jeanette Williams, City Clerk Regular City Council & Board of Adjustment Meeting February 23, 2022 Page 3 7. PUBLIC INPUT Jim Cannon introduced himself as the intergovernmental liaison for the St. Johns River Water Management District. Greg Golien thanked Council for their previous discussion on affordable housing and asked Council think about including rooms for people to rent in their discussions. Rachel Holpfer, 373 Harp Terrace, said she is in divorce proceedings and is attempting to sell the Harp Terrace house but it was impossible with the (code enforcement) fines and liens hanging over the property. She asked for assistance in settling the fines and liens to start a new life with her children. 8. Mayor Hill recessed the City Council meeting and convened the Board of Adjustment meeting at 6:19 p.m. A. MOTION by Vice Chairman Jones and SECOND by Mr. McPartlan to approve the May 12, 2021 Board of Adjustment meeting minutes passed with a unanimous voice vote. (5-0) B. QUASI-JUDICIAL PUBLIC HEARING 22.038 i. AMH INVESTMENTS, INC. REQUESTING A VARIANCE FROM SECTION 54-3-15.4(5)A.(v) TO ALLOW AN EXISTING MIXED -USE SITE, CONSISTING OF MULTI -FAMILY UNITS AND RETAIL LOCATED AT 1201 INDIAN RIVER DRIVE, TO BE ABLE TO PURCHASE REQUIRED PARKING SPACES THROUGH THE PARKING -IN -LIEU PURCHASE PROGRAM, WHERE THE CODE EXCLUDES RESIDENTIAL USES FROM USING THE PROGRAM (Transmittal, Report, Exhibits, Application) Chairman Hill opened the hearing at 6:20 p.m. and the City Attorney read the title of the request and the City Clerk swore in anyone that was going to testify. Robert Bruno, Principal for AMH Investments, 1201 Indian River Drive, said he was requesting the variance to purchase parking -in -lieu spaces, he has owned the property since 1999 and requested approval. The City Manager said the current code is silent on mixed use when it comes to parking - in -lieu and Mr. Bruno needs additional parking to bring the site into compliance. Staff was asking to consider the variance and later discuss the parking -in -lieu agreement on the consent agenda. The Community Development Manager asked that the staff report and the Board Criteria for Determining Variances be entered into the record. She stated Mr. Bruno purchased the property in 1999 and at that time he also owned property within a short distance located on US 1. In consideration of redeveloping the property, the Planning and Zoning Regular City Council & Board of Adjustment Meeting February 23, 2022 Page 4 Commission approved a site plan that had additional parking on the other property on US 1. In 1999, the Parking -in -Lieu Program did not exist. In the ensuing years, the US 1 property was sold but joined until now. At this point both property owners would like to redevelop the properties separately. Staff has requested both property owners to establish individual site plans and in doing so the Indian River Drive site was now lacking some parking. She continued to say that the Parking -in -Lieu of Purchase Program was intended for redeveloping properties that may have certain considerations such as an older property, or historical property that needed some help with parking. It is mixed use; staff felt it met that criteria but after examining the code, it is specific that residential and multi -family uses are not allowed to be considered by the Parking -in -Lieu Program. She explained that although it was mixed use, staff wanted to formally receive a variance from that section of the code. Staff feels it meets the criteria in that there is something unique about the property, it is an old historical property that needs some help and nothing will create a hardship for any surrounding properties. Staff calculated the parking that is needed and their new site plan redesigned their store parking area which then staff determined four parking spaces are required. The property owner is ready to purchase through the parking -in -lieu program, if approved. She said staff feels it meets the criteria to grant the variance and recommended approval. Chairman Hill said when it was originally developed, it met the criteria for the parking but when it was split it no longer met the criteria. The Community Development Manager said there were seven extra spaces on the US Highway 1 property and the Indian River Drive needed additional parking which could be shared until the US 1 property was sold. Now the owners would like to separate the development of the properties causing the Indian River Drive property to be non -conforming with the spaces. Mr. Nunn noted that "yes" was checked on "b" and "c" of the Board Criteria and after reviewing it, it would seem they should be checked "no" because the conditions were created by the applicant and it will be giving special privileges that could be denied to others in the CRA area. The Community Development Director said the building at 1201 Indian River Drive was grandfathered in; it was an existing building that was an old funeral home that even in 1999 the City recognized it had special circumstances and was able to share the parking to meet its parking needs. There wasn't a parking -in -lieu of program and it was staffs way of thinking outside of the box to help with the redevelopment. The other property on US Highway 1 is being hindered because of the shared parking that is on that site. Mr. Nunn said the applicant has sold that property, therefore he created the problem. He said the challenge of putting in residential spots in the parking -in -lieu program is that it now alleviates the whole reason for having those parking spots which will be filled at night. He asked if they could take the spots in the parking lot and assign spots for the residents and make the parking -in -lieu for the businesses. Regular City Council & Board of Adjustment Meeting February 23, 2022 Page 5 The Community Development Manager responded that they would still be short as they need eight spots for the multi -family residence. She explained that the previous parking - in -lieu applications (that been before the board) have been for new sites. This is an existing building that staff is trying to help redevelop which is why they are before the board to make sure the board is okay with the request. Mr. Nunn asked if there are any other properties in the CRA district that have a similar situation as this. The Community Development Manager said she couldn't think of any others. She offered to address any code provision for the mixed use component they might want to consider for the future. The Community Development Manager also said three spaces are needed for the commercial; the code does allow for some exceptions for historical properties. Chairman Hill said it seems the site plan that was allowed after the purchase is where this should have been caught; the new owner is not trying to add anything, just become compliant. He noted the only options are the parking -in -lieu or preventing the residential use or anything that requires more than the spaces that are there. Mr. Dodd said these two pieces of properties are not geographically joined; in 1999 the City allowed the owner to theoretically join the property so the parking on one could be allocated to the other which is probably where the mistake came about in trying to be good shepherds to businesses. Mr. Dodd also said in the current comp plan, the City is placing more emphasis on mixed use and it is not uncommon to have parking spaces not assigned to the residential units in mixed use areas. He said he counted about 17 parking spaces within walking distance of that building and as long as the residents and the commercial users understand there is nothing reserved for them, he did not have a problem with this. There was no public input to comment on the request. MOTION by Mr. McPartlan and SECOND by Mr. Dodd to move approval of the variance for the property at 1201 Indian River Drive. Roll call: Vice Chairman Jones - aye Mr. Dodd - aye Mr. McPartlan - aye Mr. Nunn - aye Chairman Hill - aye Motion carried. 5-0 9. Chairman Hill adjourned the Board of Adjustment meeting and reconvened the City Council meeting at 6:36 p.m. OR i4 SEBASTIAN HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT AGENDA TRANSMITTAL Council Meetino Date: June 8, 2022 Aoenda Item Title: Firehouse Garage/K&A Foreign Car Service - Appeal of an Administrative Determination regarding an Abandonment of Use Recommendation: Conduct a quasi-judicial public hearing to consider an appeal request for the property located at 800 Louisiana Avenue Background: The property known as the Firehouse Garage, located at 800 Louisiana Avenue, was approved in 2004 and constructed in early 2005. Shortly after, the City created the Triangle Overlay District via Ordinance 0-05-13, which the garage property is located in. This ordinance also adjusted the permitted and conditional uses allowed in this area as the city envisioned this to be the Gateway into the Riverfront District. The Vehicular Service and Maintenance use was eliminated from the Triangle Overlay, and as such, the Firehouse Garage became a non -conforming use. Article VIJI of the Land Development Code allows non -conformities to continue but with certain conditions, prohibits increases in size and intensity, and sets thresholds of measurement to determine when the use is abandoned. The garage was closed by bankruptcy in September 2020 and purchased by the current owners, K&A Foreign Car Service, hic. in January 2021. When the new owners applied for a Business Tax Receipt in March 2021, there was discussion if the business had been abandoned for more than 180 days since the September closing. After review and consideration of Section 54-2-8.8, the city attorney opined that the abandonment was involuntary, and that the BTR could be issued. However since that time, the business has never formally opened, sign panels have not been updated, or activity seen at the site. The Business Tax Receipt was also not renewed for the following fiscal year 2021/2022. Recently, near the end of March, a potential tenant for the garage contacted staff with zoning questions regarding re -opening a Vehicular Service business. Based on the previous opinion from the city attorney stating that the use would be abandoned after one year (from March 2021), staff re-examined the dates, and asked the city attorney and city manager to make a determination. A final decision was made, and a letter that the Vehicular Service use was considered abandoned for the property, and that all future uses would need to be in compliance with current code, was emailed and sent certified mail to the property owners. The property owners wish to appeal staffs determination to the Board of Adjustment, as allowed by Section 54-1- 2.1(d), and in accordance with Section 54-1-2.5(d)(1). The appeal request was received within 10 days after the rendering of the decision. Per Section 54-1-2.5(d)(1), staff is required to "transmit to the Board all papers or materials constituting the record upon which the action appealed was taken" Staffs record is shown as Exhibit A items. The appellant's written request and materials are shown as Exhibit B items. If Aaenda Item Reouires Exoenditure of Funds: Budgeted Amount: Total Cost: N/A Funds to Be Utilized for Appropriation: Attachments: 1. Abandonment of Use Letter to Property Owner 2. Staff: Exhibit A -Cover Sheet through A10 3. Appellant: Exhibit B —Cover Sheet through B 14 Administrative Services City Attorney Review: Procurement Division R Departme eviev �J evAw, if plicable City Manager Authorization: Date: 1,' 2 2 cm a HOME OF PELICAN "D 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 a FAX (772) 388.8248 www.cifyofsebastion.org April 21, 2022 K & A Foreign Car Service, Inc. Arkadiuse and Paulina Nowak 2300 US Highway #1 Vero Beach, Florida 32960 RE: Firehouse Garage - 800 Louisiana Avenue, Sebastian, Florida Tax Parcel ID No.31-39-06-00014-0090-00011.0 Dear Property Owners: City staff has reviewed a March 20, 2022 request to re -start and activate automotive repair services at the former Firehouse Garage site. As previously disclosed to you, Vehicular Services and Maintenance is a non -complying use within the Industrial zoning district located in the Triangle Overlay area. Article VIII of the Land Development Code, specifically Section 54-2- 8.8, establishes guidelines for voluntary or involuntary abandonments of nonconforming uses, and provides specific timelines attached to those abandonments. Last March you were notified that the abandonment (of use) by the previous owner was determined to be involuntary and therefore the use had not yet formally ceased to be a legal nonconformity. However, that notification message also indicated that you shall have up to one (1) year before it is considered abandoned. Since that time, the building has essentially remained vacant. It has not been officially opened for business to the public, signage has not been re- established, and the business tax which was due October 2021 was only recently submitted. Also, LDC Section 54-2-83(c) states "(t)he casual, intermittent, temporary, or illegal use of land, building, or structure shall not be sufficient to establish the existence of a nonconforming use." As such, since the automotive repair service has been discontinued for a period of one year or more, every future use of the premise shall be in conformance with the current permitted uses that are allowed in the Industrial zoning district located in the Triangle Overlay area; therefore, your request is denied. Pursuant to LDC Section 54-1-2.2(d), an appeal of this decision may be presented to the Board of Adjustment for their consideration. A written appeal request specifying the grounds thereof must he submitted to staff no later than 10 days from the date of this notice and shall follow the procedures stated in Section 54-1-2.5(d)(1). Thus, at the hearing, any party may appear in person or be represented by an agent of an attorney. Please contact the City Manager's office should you have additional questions regarding this matter. Sincerely, Paul E. Carlisle City Manager City of Sebastian CC: Manny Anon Jr., City Attorney Lisa Frazier, Community Development Director EXHIBIT A 0WOF FOX TAN HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 www.cityofsebastion.org TO: Board of Adjustment FROM: Dorri Bosworth, Manager/Planner Community Development Department DATE: May 31, 2022 RE: Appeal of Abandonment of Use Determination Firehouse Garage/K&A Foreign Car Service 800 Louisiana Avenue EXHIBIT A ITEMS: • Al: Land Development Code Sections 54-2-8.3(c): Continuance of lawful nonconformities or noncompliances, and 54-2-8.8: Abandonment of a nonconformity or noncompliance 2021: • A2: 3/15/21 Summary email from staff to City Attorney for determination —180 day abandonment • A3: 3/19/21 City Attorney opinion, email — abandonment involuntary, per code, extends to 1 year 2022: • A4: 3/22/22 & 3/24/22 Contact from potential tenant regarding leasing property • AS: 3/28/22 Payment screen for Business Tax Receipt w/ late fee • A6: 4/1/22 Summary email from CDD Director to City Attorney • A7: 4/3/22 City Manager's determination • A8: 4/3/22 City Attorney's determination • A9: 4/29/22 Appeal request received from property owner, email • A10: 5/4/22 Application, fee, and survey submitted Al Land Development Code, Article Vill — Nonconformities and Noncompliances Sec. 54-2-8.3. Continuance of lawful nonconformities or noncompliances. C(c) Rules for interpretation. ***** The casual, intermittent, temporary or illegal use of land, building or structure shall not be sufficient to establish the existence of a nonconforming use. ***** Sec. 54-2-8.8. Abandonment of a nonconformity or noncompliance. If a nonconformity is removed, abandoned, or ceases, for a continuous period of not less than 180 days, every future use of the structure and/or premises shall be in conformity with the use provisions of the land development regulations. All material and equipment associated with the abandoned nonconformity shall be completely removed from the premises by its owner within one-year after the expiration of the 180-day period. If a noncomplying building or structure ceases to be used in a lawful manner (permitted or nonconforming) for a continuoius period of 180 days, further use will not be permitted until deficiencies regarding drainage, off-street parking ad landscaping requirements are corrected pursuant to section 54-2-8.7(f). Where the cessation of the use is involuntary, the nonconforming use shall not be declared abandoned after the 180-day period. However, if the use is discontinued voluntarily or involuntarily for a period of one year or more, every future use of the premises shall be in conformance with the use provisions of this chapter and all material and equipment associated with the discontinued nonconforming use shall be completely removed from the premises by the owner within 60 days. Voluntary abandonment shall be indicated by one or more of the following: (1) Allowing licenses to lapse; (2) Removing utility meters; (3) Not maintaining structure in a habitable condition; (4) Not making unit available for occupation (i.e., advertising or marketing through a realtor or other agent); and/or (5) Failure to perform actions pursuant to the terms of an active building permit. I Dorri Bosworth From: Robert Loring <RLoring@cityofsebastian.org> Sent: Monday, March 15, 2021 2:53 PM To: Manny Anon; Lisa Fraaz e Cc: Ddrri Bosworth Subject: RE: Grandfathered property (formerly firehouse garage) 800 Louisiana Ave. Good Afternoon Manny - The issue at hand is as follows. There is a structure located at 800 Louisiana Ave and was built in 2004- it was built as a service repair garage, known locally as "the Firehouse Garage", and contains +/- 2,500 sq. foot of area and associated parking- the property lies in an IND Industrial Use zoning district. Sometime after the building was completed and occupied, the City of Sebastian adopted the "Triangle Overlay District" which does not allow the use of properties lying within the newly formed district to operate as a service garage- however, since the building was up and running, prior to adoption of the Triangle Overlay District, we considered this to be a legal non -conforming use, and allowed to remain 'as -is' with not expansion of the auto garage allowed. On 9/8/2020 the property of the Firehouse Garage filed for bankruptcy (ref case # 312020CA0003777). Under our code, a property that voluntary ceases operations at a non -conforming site has only 180 days to replace it with another non- conforming use for that non -conformity to remain in effect. 180 days from 9/8/2020 was calculated to be March 8, 2021 The property went up for auction and was purchased by K&A Foreign Car Service in January 2021- their intent was to fix up the building (it required numerous repairs and cleaning/painting) which they have done, however they did not pull a Business Tax Receipt for the use when they purchased the site. They applied for a Business Tax Receipt on March 10, 2021- approximately 184 days since the Firehouse Garage bankruptcy was noticed. K&A Foreign Car Service wants to use the facility as a repair garage- they were simply unaware of the 180 day limitation of time upon them when they purchased the site, and have been diligently repairing and upgrading the site since January 2021. Question is- can we honor a continuance of the grandfathering of the property, as the new owners intent was to utilize the property, but could not do so because of the miscellaneous repairs required at the site, could we do a developers agreement, stating that the use will sunset after a particular period of time, is there another legal instrument we are not thinking of — such as a variance or special exception? - or another interpretation to the Triangle Overlay district standards? Or- do we hold the line and require the property to redevelop into a conforming use? I have included the sections of the code below for your use. Should you need additional information, please feel free to contact me. Thanks for your time and consideration - Robert Sec. 54-2-8.8. - Abandonment of a nonconformity or noncompliance. If a nonconformity is removed, abandoned, or ceases, for a continuous period of not less than 180 days, every future use of the structure and/or premises shall be in conformity with the use provisions of the land development regulations. All material and equipment associated with the abandoned nonconformity shall be completely removed from the premises by its owner within one-year after the expiration of the 180-day period. If a A2 noncomplying building or structure ceases to be used in a lawful manner (permitted or nonconforming) for a continuous period of 180 days, further use will not be permitted until deficiencies regarding drainage, off-street parking ad landscaping requirements are corrected pursuant to section 54-2-8.7(f). Where the cessation of the use is involuntary, the nonconforming use shall not be declared abandoned after the 180-day period. However, if the use is discontinued voluntarily or involuntarily for a period of one year or more every future use of the premises shall be in conformance with the use provisions of this chapter and all material and equipment associated with the discontinued nonconforming use shall be completely removed from the premises by the owner within 60 days. Voluntary abandonment shall be indicated by one or more of the following: 1)Allowing licenses to lapse; 2)Removing utility meters 3)Not maintaining structure in a habitable condition; 4)Not making unit available for occupation (i.e., advertising or marketing through a realtor or other agent.) 5)Failure to perform actions pursuant to the terms of an active building permit. A3 Dorri Bosworth From: Manny Anon <Manon@cityofsebastian.org> Sent: Friday, March 19, 2021 12:33 PM To: Robert Loring; Lisa Frazier Cc: Dorri Bosworth; Paul Carlisle Subject: RE: re: 800 Louisiana Ave- Appeal to an Administrative decistion. Attachments: Wilsnack v Firehouse Garage, et. al..pdf, Suggestion of Bankruptcy.pdf; Sec._54_2_8.8. -Abandonment-of a_nonconformity_or_noncompliance.doa Importance: High •49 After more research into Case #312020CA0003777, I now conclude that this bankruptcy proceedings falls under the involuntary part of Sec. 54-2-8.8. - Abandonment of a nonconformity or noncompliance. It reads "where the cessation of the use is involuntarv, the nonconforming use shall not be declared abandoned after the 180-dav neriod. However, if the use is discontinued voluntarily or involuntarily for a period of one vear or more, every future use of the premises shall be in conformance with the use provisions of this chapter and all material and equipment associated with the discontinued nonconforming use shall be completely removed from the premises by the owner within 60 days." I looked up Case #312020CA0003777 in the court files and realized that this was a shareholder's lawsuit for records, misappropriation of funds and Fraud (see Wilsnack v Firehouse Garage attached). Further, in order to protect itself, Firehouse Garage filed bankruptcy and provided a Suggestion of Bankruptcy to all creditors (see Suggestion of Bankruptcy attached). Ultimately, the Firehouse Garage was sold at auction and purchased by K&A Foreign Car Service. Thus, there is nothing voluntary about Firehouse Garage's cessation; therefore, IAW Sec. 54-2-8.8. of the City of Sebastian 's Codes, the nonconforming use shall not be declared abandoned after the 180 days period. but now extends to 1 vear before it is considered abandoned. For this reason, K&A Foreign Car Service should be allowed to proceed with its application process for a Business Tax Receipt as filed on March 8.2021. Please note that the City of Sebastian is not setting any precedence nor are we giving this applicant any preferential treatment. I am basing my opinion solely on the facts of this case, as explained above, which in my opinion falls squarely in the "cessation of the use is involuntary" language of the code. Please save all of the attachments in this file. I hope this helps. Respectfully, M.ANNY ANON, JR., ESQ CITY ATTORNEY CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL. 32958 772-386-6201 (OFFICE) 772-388-4420 (FAX) �.i Dorri Bosworth From: Michelle Faulkner Sent: Tuesday, March 22, 2022 1:45 PM To: Dorri Bosworth Cc: Jeanette Williams Subject: 800 Louisiana Avenue - (Old Firehouse Farage) Dom, Shawn Pitre called Jeanette to inquire about reopening this location as a shop. Has he lost his grandfathering due to the length of time that the business has been closed? I can call him back unless you would like to. Thanks. Shawn Pitre 719-900-8871 Thank you, Michelle Faulkner, CFM Community Development Department City of Sebastian 1225 Main Street Sebastian, Florida 32958 (772) 589-5518 (772) 388-8248 fax rnfaulknera,citvofsebastian.ore .mar HOME OF PELICAN ISLAND MA Dorri Bosworth From: Jeanette Williams Sent: Thursday, March 24, 2022 1:26 PM To: Dorri Bosworth Subject: Firehouse Garage Hi Dorri, I bet you are swamped but Shawn Pitre is taking over the Firehouse Garage and is about to put money into it. He needs to know if what he wants to do will be okay. ShawrimitreOl Pemail.com (719)900-8871 Would you mind getting in touch with him? Thank you, Jeanette A5 Log Out I Change Password I My Account I Htmf5a Enabled Home Projects Work Orders _Reports Help Virn Notac (?,.( Vice. Audn Trail * Email Notification 0 Add New Message Show Control Panel Jurisdiction: Project Type: Project Number Project Name: Sebastian I Business Tax Receipt . I.2021-45 �K & A FOREIGN CAR SERVICE INC Project Requirements Payments Renewable Items �II IE Project Type Fees 12 Release All Fees to Customer Portal It y Print Receipt Auto repair shop 0 Release Fee to Customer Portal Type Auto repair shop Formula Calculation Total Our Admin Local Admin Plan Review Inspection Amount Due Flat Rate 66.000000 1.00 $66.00 $0.00 $66.00 50.00 $0.00 Paid 10 Exemption Percentages 0.000000 0.000000 0.000000 0.000000 Double Fees If "After The Fact" Multiplier - t Comments - Auto repair shop Release Fee to Customer -Portal — 1 rype Auto repair shop Formula Calculation Total Our Admin Local Admin Plan Review Inspection Amount Due Flat Rate 6&000000' 1.00 $82.50 $0.00 $6600 $0.00 $0.00 Paid U Exemption Percentages 0.000000 0.000000 0.000000 0.000000 Double Fees If "After The Fact" Multiplier - 1.25 Comments - Total: $148.50 Balance Paid: $148.50 Balance Due: $0.00 Existing Payments Receipt# Register Received Date Payment ID Contact Payment Type Ref. Number Description /2022 202145 4164106 K & A FIREIGNN CAR SERVICE INC - ARKADIUSE NOWAK Cash O Y 12:00 AM 2:00 M Associated Type Paid Amount Auto repair shop $82.50 Total: $82.50 202145 05/12/2021 3872573 K & A FIREIGNN CAR SERVICE INC - ARKADIUSE NOWAK Check - Walk -In 04700 NEW O 12:00 AM Associated Type Paid Amount Auto repair shop $66.00 Total: $66.00 Save Dorri Bosworth From: Lisa Frazier Sent: Friday, April 1, 2022 3:12 PM To: Manny Anon Cc: Dorri Bosworth; Paul Carlisle Subject: FW: re: 800 Louisiana Ave- Appeal to an Administrative decision. Attachments: Wilsnack v Firehouse Garage, et. al..pdf; Suggestion of Bankruptcy.pdf; Sec._54_2_8.8. -Abandonment_of a_nonconformity_or noncompliance.docx Importance: High Manny Recently, a new tenant has been making inquiries regarding signing a lease to perform automotive repair at the old Firehouse Garage building. They have started building clean up to the inside (paint, etc.). After consideration of the past history of this site's non -conformity and staffs determination below and attached, I am comfortable with letting them proceed. Last year, a determination was made to allow a one year continuance of the non -conformity. I believe that the given date of March 8th has not been exceeded beyond any reasonable time to warrant an abandonment of use. The inquiry was presented to staff several weeks ago. Therefore, the Community Development Department proposes to provide approval for the continued non -conforming use at this building. If you have any questions or concerns, please let me know as soon as possible so that we do not hold up this small business unnecessarily. Sincerely, Lisa Leger Frazier, AICP Community Development Director City of Sebastian 1225 Main Street Sebastian, Florida 32958 Direct: 772-388-8228 From: Manny Anon fmailto:Manon(c citvofsebastian.orol Sent: Friday, March 19, 2021 12:33 PM To: Robert Loring; Lisa Frazier Cc: Dorri Bosworth; Paul Carlisle Subject: RE: re: 800 Louisiana Ave- Appeal to an Administrative decistion. Importance: High Robert: After more research into Case #312020CA0003777, I now conclude that this bankruptcy proceedings falls under the involuntary part of Sec. 54-2-8.8. - Abandonment of a nonconformity or noncompliance. It reads "where the cessation of the use is involuntary. the nonconforming use shall not be declared abandoned after the 180-dav period. However, if the use is discontinued voluntarily or involuntarily for a period of one vear or more, every future use of the premises shall be in conformance with the use provisions of this chapter and all A7 Dorri Bosworth From: Paul Carlisle Sent: Sunday, April 3, 2022 2:12 PM To: Lisa Frazier, Manny Anon Cc: Dorri Bosworth Subject: Re: FW: re: 800 Louisiana Ave- Appeal to an Administrative decision. Lisa I do not agree they have not used that property in over a year regardless of the way it originally closed. ------ Original Message -------- From: Lisa Frazier <LFrazierna,CitvofSebastian.ore> Date: Fri, April 01, 2022 3:11 PM -0400 To: Manny Anon <Manonna.citvofsebastian.ore> CC: Dom Bosworth<dbowworth(7a.citvofsebastian.ore>, Paul Carlisle <ncarlislela.city_ ofsebastian.ore> Subject: FW: re: 800 Louisiana Ave- Appeal to an Administrative decision. Manny Recently, a new tenant has been making inquiries regarding signing a lease to perform automotive repair at the old Firehouse Garage building. They have started building clean up to the inside (paint, etc.). After consideration of the past history of this site's non -conformity and staffs determination below and attached, I am comfortable with letting them proceed. Last year, a determination was made to allow a one year continuance of the non -conformity. I believe that the given date of March 81h has not been exceeded beyond any reasonable time to warrant an abandonment of use. The inquiry was presented to staff several weeks ago. Therefore, the Community Development Department proposes to provide approval for the continued non -conforming use at this building. If you have any questions or concerns, please let me know as soon as possible so that we do not hold up this small business unnecessarily. Sincerely, Lisa Leger Frazier, AICP Community Development Director City of Sebastian 1225 Main Street Sebastian, Florida 32958 Direct: 772-388-8228 From: Manny Anon ImaiIto: Manon (cDcitvofsebastian.orel Sent: Friday, March 19, 2021 12:33 PM To: Robert Loring; Lisa Frazier Cc: Dorri Bosworth; Paul Carlisle Subject: RE: re: 800 Louisiana Ave- Appeal to an Administrative decistion. Importance: High Robert: After more research into Case #312020CA0003777, I now conclude that this bankruptcy proceedings falls under the involuntary part of Sec. 54-2-8.8. - Abandonment of a nonconformity or noncompliance. It reads "where the cessation of the use is involuntary. the nonconforming use shall not be declared abandoned after the 180-dav Deriod. However, if the use is discontinued voluntarily or involuntarily for a period of one vear or more. every future use of the oremises shall be in conformance with the use provisions of this chapter and all material and equipment associated with the discontinued nonconforming use shall be completely removed from the premises by the owner within 60 days." I looked up Case #312020CA0003777 in the court files and realized that this was a shareholder's lawsuit for records, misappropriation of funds and Fraud (see Wilsnock v Firehouse Garage attached). Further, in order to protect itself, Firehouse Garage filed bankruptcy and provided a Suggestion of Bankruptcy to all creditors (see Suggestion of W Dorri Bosworth From: Manny Anon Sent: Sunday, April 3, 2022 4:17 PM To: Lisa Frazier Cc: Dorri Bosworth; Paul Carlisle Subject: RE: re: 800 Louisiana Ave- Appeal to an Administrative decision. Lisa: My opinion below remains the same. My understanding is that March 8, 2021 was the date their business tax receipt was filed. I'm not sure what has been going on in the property since then. However, the Code is clear, if the use is discontinued voluntarilv or involuntarily for a Deriod of one vear or more. every future use of the premises shall be in conformance with the use provisions of this chapter and all material and equipment associated with the discontinued nonconforming use shall be completely removed from the premises by the owner within 60 days. I hope this helps MANNY From: Lisa Frazier Sent: Friday, April 1, 2022 3:12 PM To: Manny Anon Cc: Dorri Bosworth; Paul Carlisle Subject: FW: re: 800 Louisiana Ave- Appeal to an Administrative decision. Importance: High Manny Recently, a new tenant has been making inquiries regarding signing a lease to perform automotive repair at the old Firehouse Garage building. They have started building clean up to the inside (paint, etc.). After consideration of the past history of this site's non-conformitv and staffs determination below and attached, I am comfortable with letting them proceed. Last year, a determination was made to allow a one year continuance of the non -conformity. I believe that the given date of March 8th has not been exceeded beyond any reasonable time to warrant an abandonment of use. The inquiry was presented to staff several weeks ago. Therefore, the Community Development Department proposes to provide approval for the continued non -conforming use at this building. If you have any questions or concerns, please let me know as soon as possible so that we do not hold up this small business unnecessarily. Sincerely, Lisa Leger Frazier, AICP Community Development Director City of Sebastian 1225 Main Street Sebastian, Florida 32958 Direct: 772-388-8228 1 • Dorri Bosworth From: Paulina Misiniec <palamisiu@yahoo.com> Sent: Friday, April 29, 2022 12:52 PM To: Dorri Bosworth Subject: Re: 800 Louisiana Ave - aka Firehouse Garage Good Afternoon, This is Pala with K&A Foreign Car Service We would like to apeal this decision, please advise. Sent from my iPhone On Apr 29, 2022, at 6:02 PM, Dorri Bosworth <dbosworth@citvofsebastian.ore> wrote: Hi Paulina — I received your telephone message today. You spoke about an email to appeal. Staff did not receive that message. Can you please resend? dbosworth(o)citvofsebastian.ors Thank you - D Dom Bosworth, Manager/Planner Community Development Department City of Sebastian 1225 Main Street, Sebastian, Florida 32958 (772) 589-5518 (772) 388-8248 fax d bosworthr7a.citvofsebastian. ore From: Dorri Bosworth Sent: Thursday, April 21, 2022 10:46 AM To: 'Paulin Misiniec' Cc: Lisa Frazier; Michelle Faulkner; Linda Lohsl Subject: 800 Louisiana Ave - aka Firehouse Garage Mr. & Mrs. Nowak— Please find staffs determination letter, attached, regarding your request to lease the old firehouse Garage site to a tenant to operate an automotive repair business. This letter is also being sent via Certified Mail to your address listed on the Property Appraiser's webpage. If you have any further questions regarding this matter, or future uses for the property, please feel free to contact us. Regards, Dom Bosworth, Manager/Planner Community Development Department City of Sebastian 1225 Main Street, Sebastian, Florida 32958 (772) 589-5518 (772) 388-8248 fax dbosworthralcitvofsebastian. ore <Abandomnent of Use Letter to Owner.pdf5 b, IN, A10 Permit Application No._ mo City of Sebastian � p�}yq Development Order Application I Applicant (If not owner, written authorization (notarized) from owner is required) I Name: i 4�A 3=p�f-l(ea iA}z Je4tvtc-Q, Address: a u.J K01 I ve gp \.$eA&M �L 'A'm 6p Phone Number: (� ilk �Z F Number: (1 1zJr1 ) ) a 1 � " E-Mail: �fl► ft rl I S 1 H Go H I Owner (if different from applicant) Name: i44A.0 I vL . 4 tip li t Address: Phone Number. ( ) E-Mail: Title of permit or action requested: /' rA �pFP' I(y' FAX Number: ( ) - 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 B-1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): B. Site Information Address: �o/Jj��A Avg J�ftJTl>}a �L Lot: Block: Unit: Subdivision: Indian River County Parcel #: 1 .31 �.��i ' CPO- ' "Ito- Pao I I I,O IZoning Classification: uture Land Use: Existing Use: Proposed Use, A-F. C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets If necessarv): JJ y� h p AO — - AP /gyp � A0 6.. t A L" r ZID�k I I 0•11 S-✓-9, �To,K,QAA- ft DATE RECEIVED: S hla2 FEE PAID: $ 260-c:D RECEIVED BY: LT RECEIVE,) :.2022 Ceram itv �l Se!-;, �,lian J o..V A10 Permit Application No. _. I D. Project Personnel: Agent: Name: Address Phone Number: ( ) FAX Number: ( ) E-Mail: Attorney: Name: V,IL� iiS iL / fltL S -I Address 14) iti f, Vt # IIp� t✓e� _§eNc q ;` L 3321k el Phone Number: (,I �Z) Z5 I I AX umber. ( ) E-Mail: Engineer: --- ------ ---- Name: -- - Address Phone Number: ( ) FAX Number: ( ) E-Mall: I Surveyor: Name: 'S a � ✓ P, y i N c, Address 58P-it W>}�I �,IeJ� ��t�N' .B eAcN Phone Number: ( ) Al FAX plumber: ( E-Mail: N )((Y e ti.S a. R.Ve y l a (�. (Go li I, MLt A-D 1IL A-L N O W R,Y- , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _V/ 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 ACCURA AND //TRUE TO THE BEST OF M KNOWLEDGE AND BELIEF. ZI SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY A I r t A 10 1 H 5 2 n) o t-. A WHO IS PERSONALLY KNOWN TOME OR PRODUCED r)-1:0p D.:v_r L: c,oS� AS IDENTIFICATION, THIS / DAY OF . 09 y , 20-,o D } NOTARY'S SIGNATURE / 3 -4 — a, — U�v PRINTED NAME OF NOTARY A,F v c S e +� +° BEN .'�; votary Public C5-ztee o/ Florida COMMISSION NOiEXPIRATION /-� N /'/ v 9 D -9 -2� 2 5 ,n .7L yp' Commission ; d'n 1460e9 SEAL:?:cr ct P, My Comm. Expires Jul 9, 2025 11 9or'ec�through National Notary Assn. A10 PerrnH 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. Jl � I/WE, yrry{} THE O<�NERIS) /t`�_ THE LEGAL�oREPwRI)SENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SE13ASTIAN 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 VWE MAY HAVE, DUE TO THE QUASPJUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PR MISEgg// MADE, BY ANY EM�,PL//ON EE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGo' ��w D E4 -22- Sworn to and subscribed before me by 1� r k A o i "s z rJ o L,J -A I'N who is personally known tome or produced f= 1 c,-, o P as identification, this V day of M A v 20 z z Notary's Signature Printed Name of Notary 13,-n c S ni Commission NoJExpiration rJN i vl. ov9 7 9- Z=Z 5 Seal: BEN C SALTZotary Public - State or Florida Commission W HH 146049 FiSOPCed yComm. EXpires Jul 9.20i5through Natiorai Notary Assn. 3 APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLICANT. ACKNOWLEDGMENT DATE A10 Permit Application No. a NM 1 Oi nLICM nWM Supplemental Information Application to the Board of Adjustment 1. This application is for a (check one): _ variance(s) V"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): AYk Amv-t'.� A o o..oeo\A ;tGe. __tt NAA II 1 ./J�CWiJtipn.� 6LA0PW� IR421Pn Z P 1,L,i 1 X 451-wo.. J e t10.. cr k-w i 1 L 3. Legal description of the property involved: _ 4. Attach the following: t _ 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 subject of the application.