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01-10-2024 BOA Agenda
BriefAnnouncemems: The Indian River County Veterans Service Off ce is now open at the Municipal Complex. Monday through Friday From 9am to 4pm (Closed daily from Noon to Ipm) by Appointment Only (772) 226-1145 Friday, January 12 - Chamber of Commerce Concert in the Park at Riverview Park 5:30pm — 8pnt (Bobby Owen Band) Saturday, January 13 - Craft Club of Sebastian at Riverview Park— IOam — 3pm Monday, January 15 - Martin Luther King Day — City Hall Closed Friday, January 19 -Arbor Day Volunteer Tree Planting at Tulip Street Pond — IOam — 2pm Saturday, January 20 - Annual Sebastian Riverfront Fine Arts & Music Festival at Riverview Park— IOam — 5pm Sunday, January 21- Annual Sebastian Riverfront Fine Arts & Music Festival at Riverview Park —10am — 4pm 7. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input " provides an opportunityfor individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary a? - place a requested item on a future agenda. 8. RECESS THE CITY COUNCIL MEETING AND CONVENE THE BOARD OF — ADJUSTMENT MEETING pgs 8-10 A. Approval of Minutes — November 15, 2023 BOA Meeting Ouasi-Judicial Public Hearings: Chairman opens hearing Attorney reads variance request Board Members disclose ex parte communication City Clerk swears in those who intend to provide testimony Applicant makes their presentation Staffpresents theirfindings Board Members asks questions of applicant or staff Chairman opens the floor for anyone in favor of the request Chairman opens the floor for anyone opposing the request Applicant provided the opportunity to respond to issues Staff provided opportunity to summarize request Board Members deliberation Chairman calls for a motion Celebrating Our 100th Anniversary pgs 11-35 B. ARTHUR AND BILLIE MANTZ, IN REGARDS TO LOT 2, BLOCK 558, SEBASTIAN HIGHLANDS SUBDIVISION UNIT 16, LOCATED AT 105 KILDARE DRIVE, REQUESTING A VARIANCE FROM SECTION 54-2- 5.23(d)(5) OF THE LAND DEVELOPMENT CODE TO CONSTRUCT A CARPORT THAT WILL ENCROACH, AT A MAXIMUM, THREE (3) FEET INTO THE TEN (10) FOOT SIDE YARD SETBACK (Transmittal, Staff Report, Exhibits) pgs 3 6- 75 C. 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 +7.3 FEET AND THE MINIMUM REQUIREMENT IS +8.0 FEET. (Transmittal, Staff Report, Exhibits, Application) _ 9. 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. If a 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 76-86 A. Approval of Minutes — Regular City Council Meeting, November 15, 2023 pgs 87-99 B. Approval of Minutes — Regular City Council Meeting, December 13, 2023 pgs 100-105 C. Resolution No. R-24-02 — City Council Meeting Procedures (Transmittal, R-24- 02) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; REVISING START AND END TIME; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND TRANSCRIPTS; REPEALING RESOLUTION NO. R-21-32; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Celebrating Our 100th Anniversary L�X SSE HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached November 15, 2023 Board of Adjustment minutes were approved at the January 10, 2024 Board of Adjustment meeting. Chairman Ed Dodd ATTEST: Jeanette Williams, City Clerk Regular City Council & BOA Meeting November 15, 2023 Page 5 Mayor Dodd - aye Council Member McPartlan - aye Council Member Jones - aye Council Member Nunn - aye Motion carried. 5-0 11. COMMITTEE REPORTS & APPOINTMENTS Mayor Dodd said the Florida League of Cities has some good content on their website covering the bills currently under consideration by the legislature and it is available to the public. He briefly spoke of their attempt to impose term limits on local elected officials and noted the public has a lot of power to influence the legislators. 12. Mayor Dodd recessed the City Council meeting and convened the Board of Adjustment - meeting at 6:35 p.m. All members were present. A. MOTION by Mr. McPartlan and SECOND by Vice Chair Dixon to approve the September 13, 2023 BOA meeting minutes passed unanimously. (5-0) B. VINCENT AND KENDALL ZARRELLA, IN REGARDS TO LOT 12, BLOCK 585, SEBASTIAN HIGHLANDS UNIT 17, INCLUDING THAT PORTION OF ABANDONED ROW -OF -WAY OF ARCHER STREET PER ORDINANCE 0- 00-23, LOCATED AT 115 THUNDERBIRD DRIVE, IS REQUESTING A VARIANCE TO ALLOW THE LOT DEPTH, AFTER A RELEASE OF UNITY OF TITLE IS GRANTED, TO BE 81.11 FEET IN LENGTH WHEREAS THE LAND DEVELOPMENT CODE § 54-2-5.2.3(d)(4) REQUIRES THAT THE MINIMUM DEPTH OF A LOT ZONED RS-10 (RESIDENTIAL SINGLE- FAMILY) MUST BE A MINIMUM OF 100 FEET. (Transmittal, Staff Report, Exhibits) The City Attorney read the request by Vincent and Kendall Zarrella. There was no ex parte communications to disclose by the board members. The City Clerk swore in those who would be providing testimony. Mr. Zarrella said he was seeking a variance for lot 12 from the unity of title. The Community Development Manager said the Zarrellas do own three lots that are unified. They would like to sell off lot 12 to make it available for a long, narrow ranch house. She said the hardship was created by the City when the City abandoned the road for the stormwater pond and scrub jay area and staff recommended approval. She noted there is an existing curb and gutter with an apron on Thunderbird Drive that will be removed upon the reconstruction/reconnection of repaving project later this fiscal year. There were no questions from the board and no one from the public to speak on the request. Regular City Council & BOA Meeting November 15, 2023 Page 6 MOTION by Mr. McPartlan and SECOND by Mr. Nunn to approve the variance request from Mr. and Mrs. Zarrella. Chairman Dodd - aye Mr. McPartlan - aye Mr. Jones -aye Mr. Nunn - aye Vice Chair Dixon - aye Motion carried. 5-0 13. Chairman Dodd adjourned the Board of Adjustment Meeting and reconvened the City _ Council meeting at 6:42 p.m. All members were present. 14. UNFINISHED BUSINESS - None �WITA 1W3 ►1 11.4 A. Annrove a Lease Agreement Between the Citv of Sebastian and Indian River Lagoon Council for Additional Snace and Authorize the Mavor to Execute the Appropriate Documents (Transmittal. Agreement) The City Manager stated the Indian River State College pulled out of their lease earlier in the summer and the Indian River Lagoon Council has expressed an interest in the now vacant space. He said staff recommends approval and advised that Dr. DeFreese was available to answer any questions. There was no public input. MOTION by Council Member Jones and SECOND by Council Member McPartlan to approve the lease agreement between the City of Sebastian and the Indian River Lagoon Council for additional space in the old schoolhouse. Roll call: Council Member McPartlan - aye Council Member Jones - aye Council Member Nunn - aye Vice Mayor Dixon - aye Mayor Dodd - aye Motion carried. 5-0 B. Annroval of Resolution No. R-23-30. Authorizing the Citv Manager to Execute the FDOT Public Transuortation Grant Agreement (PTGA) for the Upgrade or Replacement of the Automated Weather Observing Svstem (AWOS) at the Sebastian Municipal Airport (Transmittal. PTGA. R-23-30) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) FM454020-1-94-01 WITH THE BOARD OF ADJUSTMENT AGENDA TRANSMITTAL Council Meeting Date: January 10, 2024 Agenda Item Title: Variance Request — Mantz — 105 Kildare Drive - Carport Side Yard Setback Encroachment Recommendation: Conduct a quasi-judicial public hearing to consider the variance request for a carport to encroach three (3) feet into the required 10-foot side yard setback. Background: A variance application has been submitted from property owners Arthur and Billie Mantz for relief from Section 54-2-5.2.3(d)(5) of the Land Development Code to allow a carport structure to encroach three (3) feet, at maximum, into the required ten -foot side yard setback of the RS-10 zoning district, which the subject property is zoned. The property owners have recently submitted a building permit application to have a new carport constructed in the exact same location as an original carport that was installed in 1984 but damaged in the 2004 hurricanes. However, an updated 1991 survey was presented with the application, correctly showing angled side property lines and location of an existing concrete slab, which was not accurately indicated on the plot plan that was used in 1984. After proper scaling, and review of the structural plans for the new carport, it was determined that a portion of the 10' X 20' carport would be encroaching into the required 10 foot side yard setback, specifically a 3- foot encroachment at the southeast comer of the structure, then incrementally declining. Thus, a variance is being requested to allow the discovered encroachment and permit the new carport to be installed in its original location. In accordance with Section 54-1-2.5, staff has provided a report detailing the request, applicable exhibits, the criteria established for determining variances, along with additional information to assist with the Board's consideration. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: Total Cost: N/A Funds to Be Utilized for Appropriation: Attachments: 1. Staff Report with Board Criteria for Determining Variances 2. Exhibits A thru F, which includes application from homeowners Administrative Services Deparrttmee t�Review/1 City Attorney Review: / / Procurement Division Review, applicable: City Manager Authorization: _ Date: Brian Ow'wiv. by0n� ON: m.Brl,n Bmlan, �•U5, w .�eF1lenIT Benton ONe R101.0.1]91 -MW LnL. ��►STu� HOME OF PELICAN ISLAND Community Development Variance Application - Staff Report 1. Project Name: Mantz Carport Encroachment 2. Requested Action: A variance is being requested from Section 54-2-5.2.3(d)(5) of the Sebastian Land Development Code to allow a portion of a proposed carport being installed over an existing concrete pad to encroach three (3) feet, at maximum, into the ten (10) foot side yard setback required for the RS-10 zoning district. 3. Project Location a. Address: 105 Kildare Drive Sebastian, Florida b. Legal: IRC Tax Parcel ID No. 31-39-18-00003-5580-00002.0 Lot 2, Block 558, Sebastian Highlands Subdivision Unit 16 4. Project Owner: Arthur & Billie Mantz 105 Kildare Drive Sebastian, Florida 32958 (772)918-8005 5. Project Agent: Homeowners 6. Surveyor (1991): Kevin A. Smith, PLS #4457 Hugh J. Smith Land Surveying, Inc. 1400 Palm Bay Road, NE Palm Bay, Florida 32905 7. Project Description: a. Narrative of proposed action: The applicants built their residence at 105 Kildare Drive, in 1984. The survey submitted with the house application indicates the length of the front property line to be 99.81 feet, and the rear property line at 121.63 feet, mandating the side property lines to be at a slight angle (See Exhibit A, 1984 survey). Shortly after the house was completed, a permit application for a carport was submitted using a hand -drawn plot plan which showed the property dimensions as a rectangle (See Exhibit B-Bl, 1984 carport application). The plot b. C. plan indicated the structure would meet the required setbacks, and the permit was therefore issued with final inspections approved. The carport was in existence until it was damaged by the 2004 hurricanes. The homeowner received insurance money to replace the structure, had problems with a contractor scam, and the carport was never re -installed. Presently, the property owners have submitted a building permit application to have a new carport constructed in the exact same location as the previous one. However, an updated 1991 survey was presented with the application, correctly showing the angled side property lines and location of the existing concrete slab which is where the old carport was, and where the new is to be located (See Exhibit C1 — C3, 2023 carport application). After a review of the actual dimensions of the new carport from the structural plans (See Exhibit C4-05, structural plans), which indicate the carport is to be attached to the house overhang, 2 feet in width, it was determined that a portion of the 10' X 20' carport would be encroaching into the required 10 foot side yard setback, specifically a 3- foot encroachment at the southeast corner of the structure (See Exhibit D, proposed carport location). The homeowners have submitted an application requesting relief from the setback requirement, and have provided a photo of the old carport from 1984 (See Exhibit El-E6, variance application + photo). Current Zoning: RS-10 (Single -Family Residential, Min 10,000 SF Lots) Current Land Use: LDR (Low Density Residential, 5 units per acre) Adjacent Properties: Zoning Current Land Future Land Use Use North: RS-10 residence LDR East: RS-10 vacant, city -owned LDR South: RS-10 residence LDR West: PS Schumann Park INS d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: .29 acres, or 12,632 SF Single-family residence Public water Septic system 2 8. Staff Comments: 1) The original house floor plans from 1984 indicate that the structure was built without a garage (See Exhibit F, original house floor plans). The RS-10 zoning district regulations, established in 1985, now require single-family dwelling units to provide a garage or carport with minimum interior clear dimensions of 10 feet X 20 feet. Approval of the requested variance would allow the property to become compliant with this RS-10 regulation. 2) As seen from the enclosed aerial of the applicant's property, the proposed encroachment would mainly affect the adjacent property to the east. However, it appears the proposed encroachment would be facing the neighbor's side garage wall. The Schumann Park tennis courts that abut the applicant's property to the rear, and the city -owned drainage Tract directly across the street would not be affected by this variance request. 9. Board Criteria for Determining Variances: See attached analysis. This criterion was considered in determining staffs recommendation. 10. Staff Recommendation: I Staff recommends approval of the variance request for the property located at 105 Kildare Drive, Lot 2, Block 558, Sebastian Highlands Subdivision Unit 16, to allow a portion of a proposed carport to encroach three (3) feet, at maximum, into the required 10 foot side yard setback. 11. Board Action: Conduct quasi-judicial hearing to consider the requested variance. Dom Bosworth, Manager/Planner Community Development Department lal.t las Date 3 BOARD CRITERIA FOR DETERMINING VARIANCES Section 54-1-2.5 In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must use the following criteria for approving or denying a variance: a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Meets Standard Yes V No ❑ Consideration should be given that the original 1984 carport permit was issued using an incorrect plot plan. If the 1984 house survey was used instead of reliance on the hand -drawn plot plan, the angled side property lines may have been calculated into the review when setback compliance was determined, and the placement of the slab and carport adjusted. b. Conditions not created by auplicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes V No ❑ Although the carport has not been replaced for twenty years, the location and size of the proposed carport does not vary from the originally installed carport in 1984 that was damaged by hurricanes. C. Special Drivileees not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Meets Standard Yes � No ❑ From 1984 to 2004, the original carport was located in the same place as currently proposed. Granting the variance will not confer any new, special privilege that was not already permitted in the past to this property inadvertently from an incorrect plot plan. d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. 4 Meets Standard Yes 4 No ❑ A carport was previously located in the exact location as currently proposed. The carport cannot be located farther back on the concrete slab because, as seen in the street view photo, the placement of the A/C mechanical equipment would then prevent complete parking of a vehicle under the carport canopy. Consideration of relocating the carport to the opposite side of the property would incur additional costs to move an existing shed and fence, and install an auxiliary driveway. Denying the request may deprive the applicants of bringing their property into compliance with current code, and having a structure to protect their vehicle. e. Only the minimum variance eranted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Meets Standard Yes V No ❑ Based on the 1991 survey, and the angle the proposed carport is positioned along the property line, a minimum variance of three (3) feet, from one point at the southeastern comer of the structure, then incrementally declining, is needed. f. Not iniurious to public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Meets Standard Yes � No ❑ Granting the variance will allow the applicants to install a carport, which is the intent and requirement of the RS-10 zoning district regulations. As deliberated in Staff" Comments, adjacent properties will not be adversely affected. s. Conditions and safeguards may be imposed. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 F.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. Meets Standard Yes � No ❑ No conditions are being proposed. 9 h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. Meets Standard Yes V No ❑ Since the carport building permit application has already been submitted, time limits are not being proposed. i. No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. Meets Standard Yes � No ❑ The request is not a use -related variance — Accessory Residential Uses, i.e., carports are allowed in this zoning district. C LM Google Earth oi:i cs aC.. e s- 01 9.32 ft m EXHIBIT DRA/n�A�E R/N/ --- _— — 25 o � W �y: 1 U j 1 LJ �;On VOTE: BEARIWS PF2 RXOR1) PLAT h PLAT OF SURVEY for: M. G. 3. / COMES Lot Z BLlxx S55 —SE$A5T7AAl 1"4 LAAJ05 u.V yT 14, �/A A A.M Oacl 1. Nat (look B P.--4S -J _ —1-Wacardaol lNDlAAJ RIVER c OLW4 Y, FLOR(AA [iilff 0 camel I. Im ball W my kmwW9a and mml In cwtormpy •dO _. WhCab el.MaN. adbol.E ey Im Flwaa S ,sty Of ProleHloml Lano Sornym.. Will .d,r.y 1. Wadbaw and unWW 1« Im ..ad.n. d.. 1 Im cllanl HDGH SMITH, JR., Land Surveyor mmM Ilia I b nol rald.'ldnpul IM.mGp.M Surv.yw'. SEAL 9a6 SW Palm gay R.•d DWN. BY:SD I CHK. BY: SCALE: 1 =717 PJm B y, FIerN. 32905 3 72.1?940 II.sil X 'HM31 T—B-1— PERMIT No. CITY OF SEBASTIAN DATE -� f�Application For. Building Permit j] - -- = ------FOR; BUILDING Ej PLUMBING ALTERATION Ej ELECTRICAL �s CI „Application iAereby node for a permit to erect/alter a structure as described herein or shown in .- i).---" -" aaaoR"nring plow and, specifications. The following Information and accompanying plans and i.Liii,...:., _tor specifications with the representations contained therein are node a part of This application in reliance upon .vhich the Building Inspector is requested to issue a building permit. It is understood Cs 1 " 07 3EFGAS iAWI agreed 6; applicant that any error, misstatement or irarepresentation or expression of fact, eithel with orwithout intention on the part of applicant, Such as might or would operate to cause a refusal of this application, or any material alteration or change in the accompanying plans, specifications or structure made sub- sequent to the issue of a permit in accordance with this application, without the approval of the Building Official, shall constitute sufficient ground for the revoocthon of the permit. in consideration of the granting of this Permit, applicant agrees; (1) to in .r stall approaches, turnout driveways and aprons - (2) To muse all lots to be surveyed and staked prior to the commencement of any contraction; (3) To provide adequate sanitary toilet facilities for workmen prior to the commencement of any construction; (4) To complete the erection alteration in accordance with the plans and specifications,- the representations contained herein, and the Building, Plumb- Ing and Electrical Code and other applicable requirements of the South Florida Building Code; (5) To comply with provisions of the Florida Workmen's Compensation Act; (6) To cad parkway area between sidewalk ond.pavement where applicable. Any permit issued hereunder shall become null and void unless construction has commenced Within 3 months of the date of itsiav- once. No structure shall be occupied prior to the issuance of a Certificate of Occupancy, which shall be issued upon request offer Final inspection by the Building Official. _ I S/D /I:c:, Zoning u Location of Job 10 S &I L D.4 Q e-- Lot 02 Block +-as r r Plat Book 6 (street) Owner nC Gt. C.Y A e1=TS *,h 10,S fl'14 bAk C- .S,CI, 014V I RA :7 L (name) (street) (city) (state) �Contmcror%5F-C 1 fi4UVA 1914.%:rS 0-6 i'kJA'/JA-556 7� L 4 Zoo //0SJ (comeq -(street) .. (city) (license no.) (' Building Occupancy K.GSf b-e-At% _ No. of Stories. / IDimensionsof Build;ng/0 YzO .Height Fair Market Value $.i o%• 0Co fi IType of Construction U44 Walls Roof /o rY(10 Bldg. Permit Fee $ v e O"U F �.( Residence ( Closets ( ) Temporary Service Plumbing/Well Fee $ Remodel (---) Bath Tubs (--i Final Service (^� Utility Building �) Lavatories (^"—) No. of Amps Electrical Fee $ Sprinkler System Showers }_.^�' Service Change Septic Tank Fee S Semen Enclosure Slop Sinks - ( ) No. of Outlets Driveway Fee $ Patio Kitchen Sink—� ) Air Condition Car Port, Go mje —� Dishwasher Other Fee $ Addition (—� Garbage Disposal i GG Mobile tome (—� Water Heater ( ) Swimming Pool TOTAL FEES $ D. IV Alteration Washing Machine Driveway 4 ) Roof (—� Laundry Tubs (�) Septic Tank Filter System^. ! Fence i( —) Hose Bibs ( ) Sewer & Water t—) Well PavinglSq. Ft. t IONTRACTORS: P UMBING Estimated value must be bosed on realistic (name) (license no.) fair market value at time application is E ECTRICAL ( requested. (mine) (license na.} 5 IC AN (come) (license no.) Ths undersignedd� hereby certifies that the above information is true and correct. /J i1 NED 9<a44-JV IIJ p (dome) (address) ,. 105 Ki lda r- if PDDflr v 'li f Building Inspector I CITY OF SEBASTIAN cu oy /sfersc,h ,4o7' Z /3K SS $ /oS /l/C D &-e, St�B 95T/HN �L a�cf �AN4s• EXHIBIT Cl CITY OF HOME OF PELICAN ISLAND BUILDING DEPARTMENT FIRE PREVENTION OFFICE 1225 MAW STREET • SEBASTIAN. FLORIDA 32958 TELEPHONE, (772) 589 W37 FAX (772) S89 2566 0n� lkU ER PERMIT APPLICATION ALL��•'FF L WING MUST BE FILLED IN BY APPLICANT, ACCORDING TO FS 713.135 PERMIT # �� - o� �.X J DATE: a9 �o a3 INDIAN RIVER COUNTY PARCEL ID # RECEIVED BY: LOT: BLOCK: SUBDIVISION: FLOOD ZONE: TYPE OF WORK: aEW STRUCTURE ADDITION []ALTERATION [] REPAIR []DEMOLITION [] OTHER WORK INCLUDES:QSTRUCTURAL []ELECTRICAL []PLUMBING []MECHANICAL []ROOFING -SLOPE:_ [] FIRE SYSTEM [] POOL ALUMINUM STRUCTURE [] SHED[] FENCE [] SLAB OR DECK []OTHER WORKDESCRIPTION:-i2�_ QAhr �(7� Xci�J ESTIMATED JOB VALUE: 5 �.70e, ae TOTALS/F UNDER AIR JOB NAME: L JOB ADDRESS: / dS PROPERTYATFOWNER'S �/M�(E: �IUA_..I G�iu�PHONE:]].1-9/Q-8•dd5 ADDR CONY AAILITY/STCT EUADDRESS I ZIP CODE j� 95k rSir»��..1-i CONTRACTOR BUSINESS NAME: -rA y/ QJ�i�:YL��,�u x, LICENSE #: ADDRESS: CONTACT PHONE: CITY/STATE: V-tAA.) / ZIP CODE CONTACT E-MAIL ADDR S: ARCHITECT/ENGINEER:- _ PHONE - ADDRESS: _ CITY/STATE: ZIP CODE: CONTACT E-MAIL ADDRESS: PRESENT USE: PROPOSED USE: OCCUPANT LOAD:_ NUMBER OF: [:)STORIES QBAYS QUNITS QBEDROOMS QHEIGHT TYPE OF CONSTRUCTION: _ GROUP OCCUPANCY: AREA IS THE BUILDING PRESENTLY EQUIPPED WITH AN AUTOMATIC FIRE SPRINKLER SYSTEM? Ql'ES ONO BONING COMPANY: ADDRESS: MORTGAGE LENDER: ADDRESS: C2 APPLICATION IS HEREBY MADE TO OBTAIN A PERMIT TO DO THE WORK AND INSTALLATIONS AS INDICATED. I CERTIFY THAT NO WORK OR INSTALLATION HAS COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT AND THAT ALL WORK WILL BE PERFORMED TO MEET THE STANDARDS OF ALL LAWS REGULATING CONSTRUCTION IN THIS JURISDICTION. I UNDERSTAND THAT A SEPARATE PERMIT MUST BE SECURED FOR ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS AND AIR CONDITIONERS, ETC. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. I A CERTIFIED COPY OF THE RECORDED NOTICE OF COMMENCEMENT SIGNED BY THE OWNER, SHALL BE FILED WITH THE PERMITTING AUTHORITY IF THE VALUE IS $2,500 OR MORE, EXCEPT HEATING OR AIR CONDITIONING CHANGE OUTS LESS THAT $7,500. 1 NOTICE: IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THE COUNTY, AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICTS, STATE AGENCIES, OR FEDERAL AGENCIES. ANY CHANGE IN BUILDING PLANS OR SPECIFICATIONS MUST BE RECORDED WITH THIS OFFICE. ANY WORK NOT COVERED ABOVE MUST HAVE A VALID PERMIT PRIOR TO STARTING. IN CONSIDERATION OF GRANTS, THIS PERMIT, THE OWNER, AND THE BUILDING CONTRACTOR AGREE TO ERECT THIS STRUCTURE IN, FULL COMPLIANCE WITH THE BUILDING AND ZONING CODES OF THE CITY OF SEBASTIAN. NOTE: THIS PERMIT APPLICATION IS VOID AFTER 180 DAYS UNLESS THE WORK, WHICH IT COVERS, HAS COMMENCED. ALL CONTRACTORS MUST HAVE A VALID STATE CERTIFICATION, STATE REGISTRATION, OR CERTIFICATE OF COMPETENCY ISSUED BY THE CITY OF SEBASTIAN PRIOR TO OBTAINING PERMIT. OWNER'S AFFIDAVIT: I certify that all the foregoing Information Is accurate and that all work will be done In compliance with all laws applicable regulating construction and zoning. , fl AN OWNER ACTING AS THEIR OWN �I��AO�R/AGENT S NAT E CONTRACTOR MUST PERSONNALLY APPEAR AT THE BUILDING DEPARTMENT TO SIGN THE PERMIT APPLICATION. PER FS 489.103 RILUe .I 111AA1TZ PRINTED NAME OF OWNER/AGENT DATE: Individuals who sign as the owner's agent nlnst first obtain legal power of attorney to sign on their behalf. STATE OF FLO DA COUNTY Or 1I eby ify 1that on this �— day �l �j T� of ly known to me or has 20 4-3 personally appeared identification. f P { 2. Who is io person _ produced Type o w roduced• Official Si&-atur of Notary Public Notary Seal L.' ' ':, LINDA M. LOHSL Cam "s # HH 265MT W1� '%,;;,;,,�5' EipWw June 16, 2026 C3 Q ap MY . iRAff •u- � 91.3o•fMos) f • 91.51'rRfr.) NIa aa'a0'W a0' 10- NBREPUlIlI1ff "AND OfU1l1AOE EAAEMfNf B 8.)3• SIT T. o REENfO fONfHfR °OOl ARIA 1.0• rig• rruu flfN 7 3 y 915• »OS' iI• BTORY fAdME AESIOfNfE ^� N re.o7• 2- a A' Wvu aN 11,01.9 (AORO • 69.18•(MIAs) 0.7111T) S O �I s al�slr i 1 � E'MIIl1IfNRB� � � .. ,Q • ASP.NA L7- Ro/+ P C4 dF51GH DRBpM: APRICABIELORKM RFGIAA CODE O a SIAMAR LL I.IIE PUQ RCROAdUE'Pf COCE.SPECV1A L CR]1API0t Id SIRIIAWW OFSKSH GRAPIER W1i ALV BCH23w000 PAR I -A BS IKALIJ iCAl1IXE FOR WMAL ARIA BY AlEPARTI -A OF A SSC Wv O1I . AMNMLCR D.C.m AS E7-1d&MAt5CC4r1IX111.IC.wABMNCrQI o.c.'tlYJS ED O. ASCE]-Id a5El9 4. S. ANIB COISC NAl OEStGN SVECWUMMJ W000. ONCRflE REfQFISEMANJAL .e LOADS: 1. BUMDR+G OCCLf ANCI' CA G .PARAGRAPX 1f sa to Id S' RdR CAIEOLMY 1. 2 BASIC wYA .TABLE 16 — VAX OF FLOROA DBRa REO 9BA{K WIPU SPPED. PARAGRAPH Itp9a I a TABLE l"alE AW BAVCW SPEED. MPH F%POSLIRE CATEOCRY. 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STRUCTURE .or..L, v+•,ern n"P;v 3X3x 125 HOUSE WALL -, HOUSE WALL .RESIDENCE T- = HOST 24" 0/H (FASCIA MOUNT) ------ ---- ---------- ------------- 3"X.024"X1LB 4 - - COMPOSITE PANELS o N q q 3003-H154 1/4"-1' SLOPE (MIN.) t (FLA 7561.1-R6) 3X3 POST 2X6SMB X 20'-0" 3X3 POST - -- 16'-0R - - --- - - 20'-0" N 2X6SMB 2X6SMB N `\ "l X m X m Xi' m (1'-6"X1'-6") i Lm I'm m 1 KNEE BRACE TYP. �d - 16'-0" ---- - THE ENGINEERING ON THESE PLANS IS SITE SPECIRC FOR )❑ STRUCTURE ONLY AT THE 1 PROVIDED ADDRESS(ES) ayg „ s :NrL9 e N O_ O F yv Z V F < O =K o LU J 0 W W E c _z�Ur �w �F-�m_WLL w:5 aU'E 0� o ULco UL 4 �° N W Z U umw cc a m �LL QQ o Y FZ ym ��y u Q y OESLY "4TE W,VMI] - a�PswNl_ oa,R PM.M,, JAIE 5"EET �AvF w 02 ❑� So� HHA1NAGf BIfIHf Of WAY loPMANKOfoIffH(NBWAffB) jyourN_ 01' HIU'OU (�`f 1?Sl10 (HEfJ 115.02'fNfAS.) IS X m 02' iE NS Off -d LLJ !�•� VlR / J EAS�M t T -wwBBo WWfIF— �` FIR 1 3 0 0 v O _^ _ S If► � G 6= a m o o fHRW HEp a2on[P luamureu[ � FVI( 0 AN(HOB � ftPBfSs ft1Uf� — a� rer. eue»c t( 7Aoo' I et ' J 133 •S2: _ raaadr�o � �• 41.' aasadaw MT P CEO foNf.offE got OHA GEEASfMENi M iZ5 QI (Oam) jai 1 0 a N iBN(NifE Jose' ➢HIVE. • o "r S �u� It4.9G lMfA51 F_CEJ IE EXHIBIT E1 OCT 1 1 2023 Permit Application No. au PP nL✓ STaN City of Sebastian o ra,��W Ku p Development Order ppTication Applicant (lf not owner, written authorization (notarized) from owner is required) AI lSS$' Y -u4 . ?QA Phone Number:) y J g - ppg FAX Number: ) E-Ma' : I Y�:F hlAUTZ C Cat7PikS NE'T Owner (If different from applicant) I Name: Address: Phone Number: ( E-Mail: FAX Number: ( ) - Title of permit or action requested: VI 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): loI s• KI�D�-CR>KPoe7" �vc,c'ohctfM�luT- B. Site Information Address: 0 5 ctn v An& Lot: BI� 6 g Unit: Subdivision: L Indian River County Parcel #: �30 �i S'G0oC)%355:�OaaapA, 0 Zoning class) (cation- Future anddUse: Existing Use: is —(o My (f Prdposed Use: LbK C. Detailed description of proposed activityy��and ppurpose of the requested p rmit or action (attach extra )shee��ts��ifnecessarv): CAA, YaJ /e'/tiu.�:o� DATE RECEIVED: / II / 23 FEE PAID: $ / RECEIVED 13�: �-1-n E2 D. Project Personnel: Agent: Name: Address Phone Number: ( ) E-Mail: Attorney: Name: Address Phone Number: ( ) I E-Mail: I Engineer: Name: Address Phone Number: ( ) E-Mail: Surveyor: Name: Address Phone Number: ( ) E-Mail: Permit Application No. _ FAX Number: ( ) - FAX Number: ( ) - FAX Number: ( ) - FAX Number: ( ) - i, 8111-iE MAA/TZ , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: ✓ 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. -,jJ/' /D-16-23 SIGNATURE V DATE � SWORN TO AND SUBSCRIBED BEFORE ME BY Akkx%,P MT WHO IS PERSONALLY KNOWN TO ME ORPfZ5DUCED1 �itn 12 VZ birweeS Litcae - ,.A3"IDENTIFICATION, THIS 1Q DAY OF OC71n�O r-- 20_,�3. NOTARY'S SIGNATURE ��YJJ�''_�� 1�0pu JOSHUASIMPSON � �° PRINTED NAME OF NOTARY F�C15�y& SFuRSel 1, 20 COMM!86itlflQ Hfi 113187 COMMISSION NO./EXPIRATION rt►�FIC1P� I?%pIf85 Apill 4,2025 SEAL: ��, ae' Faded tnw BYd�aitlSiO�-zn�:ce OF F� E3 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. IIWE, 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 130AR41) ex i(3.TSA.}n%&J7- BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VI THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. IANE HEREBY WAIVE ANY OBJECTION OR DEFENSE IANE MAY HAVE, DUE TO THE QUASI-JUDICIAL 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 PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. 10-16 SIGNATURE DATE Sworn to and subscribed before me by ^��\\�E KqMjL who is personally known to me or produced _FLoie sos tweeA I.x cnpge as identification, this %Q day of OCAQW4 20 A - Notary's Signature '1 ` r) 1,pv^os, JOSHUASIMPSON Printed Name of Notary �o��..xs� Rx..nscwl a' n Commission# HH 113187 R Commission No./Expiration ;}, Expires April 4, 2025 Seal, 1 ...loe= Bonded Thu BudgelNa rySen, x 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 E4 Permit Application No. WV1 Of KUCXN KL D Supplemental Information Application to the Board of Adjustment 1. This application is for a (check one): -, 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): Scent Y. 5*! -2 - s orw�ostro cA�Parzc' �-vcRa'icfhKexrr- tNra �' S(ot:- yAeD 5-rWec 3. Legal description of the property involved: Lr>T a 8L4:�5-5S' S/11 ao(rl (Q 4. Attac he 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. Vl'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. 5j%9--- 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. - i E5 I Al aAj-iiceL nfin.a�.t-tom. 'tQ M S.�ei _A C&--A ,-_lLf2�_�" — I�s/ ---.--jWt .�,n/ .. �,----- L;�q�_.QLj 4_ L �J (A CdTey , «[ 'j7c-vim bLut C-07LNltGl6a - — —� — — our 7 to A.A uv-L .ce. l , -j — -- A bhe ow , �r�o , t�,_ i x, I'ma a -'A c- -- --m2-- - - ' 1��•�- fi`'`�. — �-�`' a. �"'v d Wiz- a'`-ct -- E6 Mill[ T, M:;I SEBASTIAN tFXrIMNIrI [l1F81�Tl lIN 1971-a11 BOARD OF ADJUSTMENT AGENDA TRANSMITTAL Council Meeting Date: January 10,2024 Agenda Item Title: Squid Lips Flood Variance Modification Request Recommendation: Conduct a quasi-judicial public hearing to consider a modification to a previously approved variance request for the property located at 1670 Indian River Dr. Background: A variance application was submitted and heard on May 12's, 2021 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 +7.3 fl. and the minimum requirement is +8.0 ft. In accordance with Section 46-39, staff 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. An order granting variance was previously issued on May 13"i, 2021. Subsequently, it was discovered while the project was under construction through a FEMA Elevation Certificate performed by a licensed surveyor that the bottom of the lowest horizontal structural member of the existing structure is in fact +7.3 ft. where it was previously believed to be +7.6 ft. This modification to the previously approved variance will provide consistency with the required FEMA Elevation Certificate. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: Total Cost: N/A Funds to Be Utilized for Appropriation: Attachments: 1. Staff Report with Board Criteria for Determining Variances 2. Exhibits A through F 3. Applicants Development Order Application Administrative Services Department Revie : 6�i �J' l A--, City Attorney Review: // Procurement Division Review, ijapplicable: W�A City Manager Authorization: Date: Brian DVWlyypneE� Benton p .,. ,»a„�W CITY STI SCAN HOME OF PELICAN ISLAND BUILDING DEPARTMENT n".. PREVENf1oN OfFN:E 1226 MAIN STREET . SEBASTIAN. FLORIDA 329M TF.IF HONF_• I772) 6R9 6537 FAX (m) 5" L5" Variance Application - Staff Report 1. Project Name: Squid Lips Site Improvements 2. Requested Action: Variance requested 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 I 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 +7.3 ft and the minimum requirement is +8.0 ft. 3. Project Location a. Address: 1670 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 20" Street Vero Beach, Florida 32960 (772)569-0035 6. Project Surveyor: Briel & Associates Land Surveyors Robert R. Briel, P.S.M. 1790 Hwy Al A, Suite 208 Satellite Beach, Florida 32937 (321) 773-7775 7. Project Description: a. 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 I ft. or +8.0. Information has been provided that shows the top of the existing structure is at elevation +10.1. An Elevation Certificate received from a licensed surveyor has determined that lowest horizontal structural member is +7.3, which is 0.7 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 to 20% (Exhibit -A). The city is regularly audited by both the FDEM and CRS. The 2 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 docu - itation 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 My 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 `'buildings" 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 1'-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 0.7 ft. which is approximately 8 3/8 inches. The variance from the requirements of the flood ordinance and Florida Building Code is justifiable as long as the issuance of the variance does not affect the City's good standing with NFIP K and CRS and/or jeopardize 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 Recommendation: 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 0.7 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 from the date the variance is granted. 12. Board Action: Conduct quasi-judicial hearing to consider the requested variance. �r�Z/Z t14OZ-5 Wayne Esel e, Building ector / Fire Marshal / Floodplain Administrator Date Ell 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 dancer that materials and debris may be Went onto other lands resultine in further iniury or dancer. Meets Standard Yes Id No ❑ See response below from MBV Engineering, Inc. (Exhibit-C): The proposed construction is located east of the Mean High Water Line (I%IHNVL) and is not physically connected by land to any adjacent parcel or property. (2) The daneer to life and urouerty due to floodine or erosion damaee. Meets Standard Yes V No ❑ See response below from MBV Engineering, Inc. (Exhibit-C1): 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 susceatibility of the or000sed development. including contents. to flood damaee and the effects of such damage on current and future owners Meets Standard Yes EI No ❑ See response below from MBV Engineering, Inc. (Exhibit-C1): A letter from the project structural engineer has been provided verifying the lack of susceptibility of the project to flood I erosion damage. See appendix C. (4) Importance of services provided by the or000sed development to the community. Meets Standard Yes V/ No 0 See response below from MBV Engineering, Inc. (Exhibit-C 1): 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. (51 The availability of alternate locations for the or000sed develoo_ ment that are subject to lower risk of flooding or erosion. Meets Standard Yes B' No ❑ See response below from MBV Engineering, Inc. (Exhibit-C1): 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 or000sed develooment with existing and anticipated development. Meets Standard Yes V No ❑ See response below from MBV Engineering, Inc. (Exhibit-C1): 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 relationship of the Dronosed develooment to the como_ rehensive plan and floodDlain management Droeranr of the area. Meets Standard Yes B' No ❑ See response below from MBV Engineering, Inc. (Exhibit -CI): 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 flood zone as depicted on FIRM Map #12061C0103 H. A variance is being requested for the 0.7 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 urooerty in times of flooding for ordinary and emereenev vehicles. Meets Standard Yes V No ❑ See response below from MBV Engineering, Inc. (Exhibit-Cl): 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 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. Meets Standard Yes COY No ❑ See response below from 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+7.30 is 0.4 ft above the maximum wave elevation. (10) The costs of uroviding o_overnmental 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. Meets Standard Yes 6Y No ❑ See response below from 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 4640 Variances shall only be issued upon the following- (1 ) Submission by the aonlicant, of a showing of good and sufficient cause that the unique characteristic of the size. confieuration. or tonoerauhv of the site limit compliance with any; provision of Chanter 46 or the required elevation standards. Meets Standard Yes @" 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 inconveniencedo not constitute a hardship. Meets Standard Yes 9"/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 E7 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 9' 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) Receiot of a signed statement by the agnlication that the variance, if granted. shall be recorded in the office of the clerk of the court in such a manner that it au_ nears in the chain of title of the affected parcel of land. Meets Standard Yes EY No ❑ See signed statement from Sembler Marina Partners, LTD (Exhibit-D): (4) If the reauest is for a variance to allow construction of the lowest floor of a building or substantial improvement of a building, below the required elevation. a conv in the record of a written notice from the Foodplain administrator to the aonlicant for the variance. suecifving the difference between the base flood elevation and the nronosed 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 $100.00 of insurance coverage). and stating that construction below the base flood elevation increases risks to life and gronerh,. Meets Standard Yes W No ❑ See letter to applicant from City of Sebastian Floodplain Administrator (Exhibit —E). EXHIBIT A Fly 12, 2021 Mr. Patel C*U& sc�►1 1225 Main SUM Sdmd=, Flaft 32958 Deer W. CaUt UJL Deputwo sf ibm k d Be to- 14► MC&04$W � DOM the pt�po6e of this letbu fa to provide yott witb the rosutts of the Aladvad Flood lastassea Prog�rmre iNFIP) Co��► B Egg -I (CM) ikld vori udon baacd on your S-ym %do veailia�tiaa. 'nee ffdd vedi rcpoet is ea:dosed for your r =f& Oon ttais! 'the Dust of Homdand Secuxlty, FedcW iimurmy Maangeaeent AgeaayOWA4 bus 6%nnUW that ft CyrofS*atlao win fna+cateto a Clssa 6 fn thewwCAS. mw ®oodplafn a� ftoplea�eated by your aau==I goaft ft fr a 20 pa m dlaooeat on Aw a p ees fm NM p Imm or naevvod in Spocial Flood turd Arm as or aft October 1.2021. M& swbp fs a 0006t+as& oohs flood Iota oottttntmitl► ww amonls to potma em ndt educe pro" dumat Please n to heat Airnad R1* Pdicks, Mocable In Zoe St q ad X as your mmwd s NM Flood incmzm Rim Map, srsaot dWW hr the CRS d'moauet. &aodud acted flood woe pollcl a be Zees % C, X. D, AR, andA99 m limbd to a CRS diaooant of 10 pemcat in Class 1-6 aomnwdties sad S paoeat in C hm 7-9 ooamaoaftics. Ilea tstcs ft deer above mati=W pdkfas aEm* i effect dpdfi"fdmat m the CRS n*A for you oo rvviit atnoatatioally be tooted aatettaltyas long as ftv W020 NFIP n0noosopliaaoa "dom so anon bmvim not be smovayyear. Mft soul meet will tstoe Ph= sa keg as your aotemraafw ooath%tw to impk atat the CRS advitiss you oath► hi you anud reoeKiflodiam mil• ifnoaftiond moth s ar uw CRS udvMa aneadded, dwaW vaifmdm visit far yourooanmmdtyv M bo fn sooardanoc vft its eakildied S jw cyder m the basdm, F6MA wM perlOdfcelly send the WIPES Ujadetts teewskttar snd ocher notices 10 your CRS Coosdiaacoc to but your o mmuity iaBt nw& I oomt and you an your commmityatSm earl your datecmh adw to lead your aomwj ty to be tnot+e disuW redact. This F ? to I tt aehanoes public salbty$ p Wwtypnotocdao, and protoam lice m toad &mgm of floodplsln, and rodttoea Good Inswaeoe . If you have any gaaatlona ar nodadd dmd m6a ee, please an tact the FBMA Regime IV OHioS CitS Coordinator Roy McChue by talc &ow at M8) S. Siaoaely. em& " #. " Wiliam H. I.+esm CAS Coordinator F Mal hVioce and Mile Admioi:-tio�t = Midedlo Fadlaeer. CFK CRS Coordheato Wayne rwu.. EXHIBIT B Retie= C. Quinn CWquinn�ard�nknet> Sam today, AprU 01, 2121 t~tS lM Tex 1Mayne 8161 e St. We Ck - pkftm Follow UP FbF Follow up Fkg sham Figged CAUTM:7his eamdi orWnated from outside your a W it etion. Emmmbe caution wton eWh g attachreaaits or dWdng 9nla, " ' ften unloMwn sendem Wayne, 3%s is w?at I wrote up and no to ]DOW The current elective FIRMS issued in 2012 show the site is Zone V. I forget what you said is the surveyed elevation of the platfic ro /iowest horizontal. You're going to verify the flood zone And BFE at the time the permit fat the platform was issued. booking 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 agagafiming with todsy's re ts, but was compliant with the requirements in elect 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 d= the pennit was issued, but they probably had Zone A/AE requirement for the lowest floor at or above the WE (without freeboard). So, next is how to treat it muter todef s rules. You consider it a substantial impro-44M ant and as binding official, that's your cell to make. The general rule for Sub Imp is bdng it into.compbance with current requirements. Now, what about the landward of the reach of mean high tide part of the Zone V IC - its? I. CPR 60.3(e)(3) says new cons—mmdon located lsndovar+d of the reach of mean high tide Z ASCE 24 Sec. 4.3 #1 says "New ooastnuction, not including substantial improvements, shall be located landward of... I can only offer suggestions because I am not a official. Whether you handle it by pen nit or variance is up to you, but give then above, seems hike you could do it as a permit I suggest the restaurant can be built on the platforms that the city needs to document tine beck out of its deh`betation, and I you send a re&teued letoer to &e: owner saying the pennit decision has no bearing on NFTP flood insurance poficy avaftb' 'ty, coverage or rate& n don't like to make definitive statements about insurance, although we do know for sure the NFTP does not insure btin'ldings over water even in Zone A/AE where the CFR doesn't preclude over water] your 3/31 gnestioa: lncidentally, 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 fequlres elevation certMicates f+or all "buildings" that are new and substantially Improved In the $FHA. "Buildings" is defined in section 301.a as Mows; Oft CAS purposes, a structure quaWles as a building basted on whether It Is ins ueW. Also under IneOple WW ty it states that buildings over water newly oonstrueted or substantiatiy Improved on or after October :L IM, are In ftble for coverage. So, we are thinking that if this facility is approved for a variance based on its non -conforming condition with the airrent code, we don't believe we wM need to submit the elevation certificate for CRS. So I am still not I= sure the varianre would not hwt to with CAS points being taken away, but there Is a chance it won't matter to them. Any thoughts?? I cWt speak to how CM does ddngL But Me heard multiple dmaees drat the act of gmd% a vatiattce is not cause for penalty, it's only if a vatisace allows a bwl& g below the required elevation AND that shows up in the Flev C,erdE Seems like you found the loot for not including the EC. Rebeccz C. Quinn, CFM RCQW= Consulting, Inc. 104 4 St NE �I#2 Chad ottesvilic, VA 22902 Phone: 434-296-1349 Cek 443-398-5005 Do W�me 6akineOrm Few M Soft Tuesday, Ape 13, 2021 11:57 AM T« Wayne ESeltine Cs" Dorn Bomord: Fw: Conammity► Rating System Imo? Annual CC Request - SebasthA FL 120123 47, Itn: Ar wwv Bradley (maft eradley.Aj1M, 101v+eris Lain] Sent Tuefts April 13, 221114.46 AM To: Midge Fault W Re: Gxy" 9plam (CRS) Annual ©C Regunt - Sebastlok FL 120123 CAtMON: Tbis end odshm led ftm outside your won CxaCise When opatiag 1,-1 harts or cliddng licks, espe dilly from un1mown ems. Since Its over water, its not an Insurable building and therefore would not need to be submitted for Acd ty 310 purposes. However, it might come up when Your CRS Spedattst when checking on freeboard veriRcation. i would recommend checking with Your state or FEMA region to see what they want to do with thIs bu3ding. This is more of a compUanoe issue then a TW issue. Froau Arioera, Bradley cBradley Sent: Tuesday, ARsil A 2021937:W AM Toe COW* Scott 4Cafo1d@verisk coma Subs Re: Community Raft System (CRS) Annual CC Request - Sebastian, FL 120123 You talked with someone from Sebastian about NO Think you for dw, infe Imation. Cog ggti.mk fo,_�S From: Coliald, Soots 6Gol` M@verbk.=m> ft*Tuesday, Apra 13, 2o219aft9 AM TM Mens, Brad <eradley.ArkensjPrerlsL=na SubjM RE: Cornnunity Rating System (CM Annual CC Request -Sebastian, FL i2 M 1 talked with someone from the city last week about this. Tell her I did so and 1 think I talked to Wayne? I told him since it's over water, its 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 won and they mention they've had a varlanee. I told him that they really need to be dmcMng on what to do with this building with the State or FEMA Region. This Is more of a compliance Issue then a 'OCRs" Issue. But of course, if FEMA finds enough violations, they could remove them from the CRS Program. Scott Coioid CRS TKhnical Coordiltalm Phone # 1.015.220 1002 k4411111V + l.ti:;! %J3.L1%/9 GVerisk verisk com I vCerd I Map I Email Yf+llP �ir,►:r, y i. a1Hl+fN:ar1 if•,L� 414 11163,!!0:ll10 J IM fit 11-4101pM :sla'.,. ! lush 11• +-. From: Arkens, Bradley <Bradley.Arkens@verisk.com> Sent: Tuesday, April 13, 2022 9S7 AM To: Cofold, Scott <SCofoid@verisk.com> Subject: Fwd: Community Rating System (CRS) Annual CC Request - Sebastian. FL 120123 Ni Scott, could you take a took at this question and give me some guidance on it? Thanks. Get Outlook for iOS t From: Michelle Faulkner<Mfaulklieri@Cityol5t.!bastlan.org> Sent: Monday, April 5, 2021 11:21:07 AM To: Arkens, Bradley <Bradiev.Aikens(averistt.cunti> Cc: Wayne Eseltine <west ltiiiePCitvOtSebastian.org> Subject: RE: Community Rating System (CRS) Annual CC Request - Sebastian, FL 120123 Ontiiisin- '11ii. email urigiiwed uuiside ol'Ihv c►rLtlniiatinn 64xid allcsnwon. was I1t)JAIIL )•tau cotlitl answer a %lucstitm'.11%mt an olevaihin ccriitic ate We Inw a proposed pri lc:rt that would he a substantial imrrownient to an existing strtic:ture that is Iocatcd in VF-7 and is entirely over water. Acconlinu it) file f16 Manual. we musi mainlain file Hlevalinn C'ertilicalc Im- finished consirticlitm t; evalion• file -Buildings- c ons-irticied (+I- swislantiail) imlinwed in the till IA. 1luiIdipips- is defined it) Section 301 aa. is hosed on whether it is instu11ble. t Inder sectiu:) tiff, ineligihlc propull\; a 13ttilafl11g emircly over valor that i% collstrucled or suhsiontiall-y- improved on or after octtthcr I. 1982 is itleligible fill- covelilkse. Do %\e liced to include all Cievation rertilicale fill :I "lit)ildinz" that is ineli=ihle bec'.It:sc it is loculed V1161. % over water"? 'l hank \ ou. Michelle Faulkner. i11\4 2 M BV ENGINEERING, INC. v .mbveng.com CA n3728 December 6, 2023 Ms. Dom Bosworth City of Sebastian 1225 Main Street Sebastian, FL 32959 Subject: Squid Lips Restaurant City of Sebastian, Florida Engineer's Project Number: Dear Ms. Bosworth: EXHIBIT C Via Email (dbosworth@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 Management Ordinance. The following variance criterion responses are provided to aid staff and advisory board representatives in review. The criterion as displayed are per City of Sebastian LDR Sec 46-39 and LDR Sec 46-40 Conside7ations.for Issuance of Variances. The following are our responses: Sec 46-39. Criteria Responses: Reauested Variance Svnopsis: 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 (73' NAVD) to remain with in the minimum elevation (8.0' NAVD) of the VE 7 zone where the structure is located. Variance Criteria Responses 1. 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 the MHWL and is not physically connected by land to any adjacent parcel or property. 1 835 20th Strom i250W. Eau Gallo B1vd,1 ln,t H 806 Delawair Amnue vro aeach,FL 32960 Melbounic R 32935 Ft. Recce, FL 33950 772.569.0035 321 253 1510 772.4689055 Fax; 772778 3617 Fax 321.2530911 Fax 772.778.3617 N C1 rE® Ms. Dorri Bosworth December 6, 2023 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 pro ject's structural engineer verifying 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 facilitles 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 0.7' 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. 0 c2 Ms. Dorri Bosworth December 6, 2023 Page 3 EPN:16-0188 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 6.909. Subsequently, the existing beam elevation of 7.30' is 0.4' 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 Dips) 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. Sec 46-40. Criteria Resuonsw 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 ofthe public or conflict with existing local laws and ordinances; See above and attached structural engineer letter. M C3 Ms. Dom Bosworth December 6, 2023 Page 4 EPN: 16-0188 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, 1�( Ryan McLean Vice President RM/jeh AAuendix A Proposed Construction- Flood Encroachment Exhibit J 'EXISTING On HOLLOW CORD SLAB. FINISHED FLOOR EL.10.1' (NAVD) " EXISTING 24" CONC BEAMS 7 � r —T r VE FREEBOARD F.L. c S.W (NAVD) T — 7—I_.+ o BOTT. OF BEAM EL. a 7.30' (NAVD) VE FLOOD ZONE EL. 7.W VD •, T — FIS WAVE CREST EL 6.W (N(NAVD) VD) F EXISTING CONC. . ., 'PILE° t i � 1 t t I --------- ------------------------- MEAN HIGH WATER LINE= {) 0.7Z (NAVD) T j +7 1 . I 1836 - 20TH STREET JONCL tsotse� MMBVVERO BEACH, FL 32960 �® mu PH. (772) 569-0035 SQUID LIPS OVER -WATER ORi m � IN INC. FX. (772) 778-3617 VARIANCE EXHIBIT OHM= wean ENGINEER uc,A s vusMM aC ASSOCIAM MWORM, a - PH 321a--1510 DAM Ara CONSULMta D=WR= CA d3M6 M POWL n - PH CM) 468-eons a=Lfi �a D0 _ _..naHl INDIAN RIVER COUNTY COASTAL TRANSECTS 1 27 PROJECT LOCATION' 4a 15 q9 o 76 ii 17 78 tik5'I '12 52 ? F — Coastal Transects -- - County Boundary - - Streams Roads Figure 2: Transect Schematic v ?PA 1 MIX aWa $MONT 61ttank THAN 3". ww! s ask L s Twa . a4. / MA nonnrs s.r..na . Asa. woo PM .woues "00. _ as Table 8: Transect Locations, Stillwater Starting Elevations, and Initial Wave Crest Elevations PejroeAiY-Anrival-Gliance Transect Location . _ Eletatxo, Feet �TAVD) _ - Stlarater, 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 miles 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) 1-Percent-Annual-Chance Transect Location Elevation (Feet NAVD) Stillwater Wave Crest From the Indian River west bank, 59 approximately 4,700 feet north of intersection 4.68 h QO of Main Street and Riverside Avenue, extending west From the Indian River west bank, 60 approximately 650 feet north of intersection of 5.40 7.,N County Highway 512 and Riverside Avenue, extending west From the Indian River west bank, 61 approximately 2,600 feet south of intersection of County Highway 512 and Riverside Avenue, 5.69 7.75 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, G3 approximately 5,000 feet south of intersection 5.83 7.6_2 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 4C Highway 510 bridge along shoreline, extending west 40 Auuendix C Structural Engineering Review Leiter MAI Design Build 395 Stan Drive, Suite B Melbourne, Florida 32904 October 31, 2023 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 0.7 feet into the VE7's =1.0 feet freeboard requirement of 8.0 feet (NAVD) The structural system for the project above was designed sometime before 03-20-1999. David T Menzel PE30830 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 Sincerely, 4 David T Menzel PE CGC TI President MAI Design Build PE 30830 Fl. Op,'.�soeNaE 'FC ,��i i !� 30 30 q'• STATE OF ;•LU Oc• '•.FOR\O? SfIINIII ro•3i•13 F1' December 21. 2023 City of Sebastian 1225 Main St. Sebastian, FL 32958 Re: Squid Lips Floodplain Variance Application Gentlemen; EXHIBIT D 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. HJU/bms ncerely, H J nd rill, III Ma ag Capital Mortgage Services, LLC Administrative Offices: - 490 N. Harbor City Blvd • Melbourne, Florida 32935 • Phone (321) 242-2224 • Fax: (321) 259.4893 SE$cAsTIA1�1 _ LV EXHIBIT E HOME OF PELICAN ISLAND BUILDING DEPARTMENT FIRE PREVENTION OFFICE 1225 MAIN STREET • SEBASTIAN. FLORIDA 32958 TELEPHONE: (772) S89.5537 FAX (772) 589 2566 December 26, 2023 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 1660 Indian 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 +7.3, which is 0.7 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 0.7 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, Wayne Eseltine CBO FSI CFM Building Official, Fire Marshal, Floodplain Administrator 772-388-835 cnyCF 3L N�:fll�la/INl:ll SEBp►sr�N n HOME 225 Main StStreet SLAND Sebastian, Florida32958 9489 0090 0027 6180 7899 53 Sembler Marina Partners, LTD c/o Underill Management Com2any Attnetion: Mr. Buz Underill 490 N. Harbor City Boulevard Melbourne, FL 32935 EXHIBIT F MA NATIONAL FLOOD INSURANCE PROGRAM ELEVATION CERTIFICATE INSTRUCTIONS 2019 EDITION U.S. DEPARTMENT OF HOMELAND SECURITY OMB No.1660-0008 Federal Emergency Management Agency Expiration Date: November 30, 2022 National Flood Insurance Program ELEVATION CERTIFICATE Important: Follow the Instructions on pages 1-9. Copy all pages of this Elevation Certificate and all attachments for (1) community official, (2) insurance agent/company, and (3) building owner. SECTION A - PROPERTY INFORMATION FOR INSURANCE COMPANY USE Al. Building Owner's Name Policy Number. Capital Mortgage Services, LLC. A2. Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Company NAIC Number. Box No. 1660 Indian River Dr. City State ZIP Code Sebastian Florida 32958 A3. Property Description (Lot and Block Numbers, Tax Parcel Number, Legal Description, etc.) Indian River County, Florida Tax Parcel No. 30393100000001000002.0. ORB 3643, Pg 1131 A4. Building Use (e.g.. Residential, Nan-Residentlal, Addition, Accessory, etc.) Commercial A5. LatitudeA ongitude: Lat. 27049`37.54"N Long. 80028'23.08W Horizontal Datum: ❑ NAD 1927 x❑ NAD 1983 A6. Attach at least 2 photographs of the building If the Certificate Is being used to obtain flood Insurance. A7. Building Diagram Number 5 A8. For a building with a crawlspace or enclosure(s): a) Square footage of amwlspace or enclosure(s) 0.00 sq ft b) Number of permanent flood openings in the cnawispace or enclosure(s) within 1.0 foot above adjacent grade 0 c) Total net area of flood openings In A8.b 0.00 sq In d) Engineered flood openings? ❑ Yes 0 No A9. For a building with an attached garage: a) Square footage of attached garage 0.00 sq ft b) Number of permanent flood openings In the attached garage within 1.0 foot above adjacent grade 0 c) Total net area of flood openings In A9.b 0.00 sq In d) Engineered flood openings? ❑ Yes x❑ No SECTION B - FLOOD INSURANCE RATE MAP (FIRM) INFORMATION B1. NFIP Community Name S Community Number B2. County Name B3. State City of Sebastian 120123 Indian River County Florida B4. Map/Panel 85. Suffix 86. FIRM Index 137. FIRM Panel 138. Flood 139. Base Flood Elevation(s) Number Date Effective/ Zone(s) (Zone AO, use Base Flood Depth) Revised Date 12061 CO103 H 12-04-2012 12-W2012 VE EL 7 feet B10. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered In Item B9: ❑ FIS Profile x❑ FIRM ❑ Community Determined ❑ Other/Source: B11. Indicate elevation datum used for BFE In Item B9: ❑ NGVD 1929 ❑x NAVD 1988 ❑ Other/Source: 812. Is the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA)? ❑ Yes x❑ No Designation Date: ❑ CBRS ❑ OPA FEMA Form 08"43 (12/19) Replaces all previous editions. Form Page 1 of 6 OMB No. 1660-0008 ELEVATION CERTIFICATE Expiration Date: November 30, 2022 IMPORTANT: In these spaces, copy the corresponding Information from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number. 1660 Indian River Dr. City State ZIP Code Company NAIC Number Sebastian Florida 32958 SECTION C — BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) C1. Building elevations are based on: ❑ Construction Drawings` (] Building Under Construction* 0 Finished Construction 'A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations — Zones Al—A30, AE, AH, A (with BFE), VE, V1—V30, V (with BFE), AR, AR/A. AR/AE, AR/A1—A30, AR/AH, AR/AO. Complete Items C2.a—h below according to the building diagram specified in Item A7. In Puerto Rico only, enter meters. Benchmark Utilized: PID AF3469 Vertical Datum: 1988 Indicate elevation datum used for the elevations in Items a) through h) below. NGVD 1929 0 NAVD 1988 ❑ OtherlSOurce: Datum used for building elevations must be the same as that used for the BFE. Check the measurement used. a) Top of bottom floor (including basement, crawispace, or enclosure floor) 10.9 [jx feet ❑ meters b) Top of the next higher floor N/A ❑ feet ❑ meters J Bottom of the lowest horizontal structural member (V Zones only 7.3 E) feet ❑ meters d) Attached garage (top aisle N/A ❑ feet ❑ meters e) Lowest elevation of machinery or equipment servicing the building N/A 0 feet ❑ metals (Describe type of equipment and location in Comments) 1) Lowest adjacent (finished) grade next to building (LAG) -2A (E feet ❑ meters g) Highest adjacent (finished) grade next to building (HAG) OA (]x feet ❑ meters h) Lowest adjacent grade at lowest elevation of deck or stairs, including N/A ❑feet ❑meters structural support SECTION D—SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor, engineer, or architect authorized by law to certify elevation information. 1 certify, that the information on this Certificate represents my best efforts to interpret the data available. I understand that any false statement may be punishable by fine or imprisonment under 18 U.S. Code, Section 1001. Were latitude and longitude in Section A provided by a licensed land surveyor? Eyes ❑ No ❑ Check here if attachments. Certifier's Name License Number Robert R. Briel, P.S.M. PSMt13699 Tine President Company Name Briel & Associates Land Surveyors, Inc. Address 1790 Hwy Al A. Suite 208 City State ZIP Code Satellite Beach Florida 32937 Signature Robert R Briel °�"yrv°'°r4rioo Rut81 Date Telephone oto: zozz.rzxnrszar.o5cu' 12-21-2022 (321)773-7775 J'LeOR Nulb e'Q �J 3699 6a o STATE OF q ass. Q "40RIOP' �ro %alSurveyot aoa Ext. Copy all pages of this Elevation Certificate and all attachments for (1) community official, (2) insurance agentioompany, and (3) building owner. Comments (Including type of equipment and location, per C2(e), if applicable) FEMA Form 086-0.33 (12N9) Replaces all previous editions. Form Page 2 of 6 ELEVATION CERTIFICATE OMB No.1660-0008 Expiration Date: November 30, 2022 IMPORTANT: In these spaces, copy the corresponding Infprnadon from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number. 1860 Indian River Dr. City State ZIP Code Company NAIC Number Sebastian Florida 32958 SECTION E - BUILDING ELEVATION INFORMATION (SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A (WITHOUT BFE) For Zones AO and A (without BFE), complete items E1-ES. If the Certificate Is Intended to support a LOMA or LOMR-F request, complete Secdons A. Band C. For items El-E4, use natural grade, If available. Check the measurement used. In Puerto Rico only, enter meters. E1. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade (HAG) and the lowest adjacent grade (LAG). a) Top of bottom floor (including basement, craw/space, or enclosure) Is ❑ feet ❑ meters ❑ above or ❑ below the HAG. b) Top of bottom floor (Including basement, crawlspace, or enclosure) Is ❑ feet ❑ meters ❑ above or ❑ below the LAG. E2. For Building Diagrams 6-9 with permanent flood openings provided In Section A Items 8 and/or 9 (see pages 1 2 of instructions), the next higher floor (elevation C2.b in the diagrams) of the building Is ❑ feet ❑ meters ❑ above or ❑ below the HAG. E3. Attached garage (top of slab) is E4. Top of platform of machinery and/or equipment servicing the building is ❑ feet ❑ meters ❑ above or ❑ below the HAG. ❑ feet ❑ meters ❑ above or ❑ below the HAG. ES. Zone AO only. If no flood depth number is available, Is the top of the bottom floor elevated In accordance with the community's floodplatn management ordinance? ❑ Yes ❑ No ❑ Unknown. The local official must certify this Information In Section G. SECTION F - PROPERTY OWNER (OR OWNER'S REPRESENTATIM CERTIFICATION The property owner or owner's authorized representative who completes Sections A, B, and E for Zone A (without a FEMA4ssued or community4ssued BFE) or Zone AO must sign here. The statements In Sections A, B, and E are correct to the best of my knowledge. Property Owner or Owner's Authorized Representative's Name Signature Comments City Date State Telephone ZIP Code ❑ Check her; if attachments. FEMA Form 086-0-33 (12119) Replaces all previous editions. Form Page 3 of 6 ELEVATION CERTIFICATE OMB No0o8 ExpiraExpirationn Date: : November 30, 2022 IMPORTANT: In these spaces, copy the corresponding Infomudon from Section A. FOR INSURANCE COMPANY USE Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number. 1660 Indian River Or. City State ZIP Code Company NAIC Number Sebastian Florida 32958 SECTION G - COMMUNITY INFORMATION (OPTIONAL) The foal official who Is authorized by law or ordinance to administer the communityrs floodplain management ordinance can complete Sections A, B, C (or E), and G of this Elevation Certificate. Complete the applicable items) and sign below. Check the measurement used In items G8-G10. in Puerto Moo only, enter meters. G1. ❑ The information In Section C was taken from other documentation that has been signed and sealed by a licensed surveyor, engineer, or architect who Is authorized by law to certify elevation Information. (Indicate the source and date of the elevation data In the Comments area below.) G2. ❑ A community offidal completed Section E for a building located In Zone A (without a FEMA-Issued or community4esued BFE) or Zone AO. G3. ❑ The following information (Items G4-G10) Is provided for community floodplaln management purposes. G4. Permit Number G5. Date Permit Issued G6. Date Certificate of Compliance/Occupancy issued G7. This permit has been Issued for. ❑ New Construction ❑ Substantial Improvement G8. Elevation of as-buiM lowest floor (Including basement) of the building: ❑ feet ❑ meters Datum G9. BFE or (in Zone AO) depth of flooding at the building site: G10. Community's design flood elevation: Local Official's Name Title Community Name Telephone Signature Date Comments (Inducting type of equipment and location, per C2(e), if applicable) ❑ feet ❑ meters Datum ❑ feet ❑ meters Datum ❑ Check here if attachments. FEMA Form 086-0-33 (12119) Replaces all previous editions. Form Page 4 of 6 BUILDING PHOTOGRAPHS ELEVATION CERTIFICATE See Instructions for Item A6. IMPORTANT: In these spaces, copy the corresponding Information from Section A. Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. 1660 Indian River Dr. OMB No. 1660.0008 Expiration Date: November 30, 2022 FOR INSURANCE COMPANY USE Policy Number. City State ZIP Code Company NAIC Number Sebastian Florida 32958 If using the Elevation Certificate to obtain NFIP flood insurance, affix at least 2 building photographs below according to the instructions for Item A6. Identify all photographs with date taken; "Front View" and "Rear View"; and, if required, "Right Side View" and "Left Side View." When applicable, photographs must show the foundation with representative examples of the flood openings or vents, as indicated in Section A8. If submitting more photographs than will fit on this page, use the Continuation Page. P"W OM Photo One Caption Front View 12/20/2022 Clear Photo One ivpm Photo Two Caption Rear View 12120/2022 Cleat Photo Two FEMA Form 086-0-33 (12/19) Replaces all previous editions. Form Page 5 of 6 BUILDING PHOTOGRAPHS OMB No.1660.0008 ELEVATION CERTIFICATE Continuation Page Expiration Date: November 30, 2022 IMPORTANT: In these spaces, copy the corresponding Information from Section A. FOR INSURANCE COMPANY USE Building Street Address (Including Apt, Unit. Suite, andfor Bldg. No.) or P.O. Route and Box No. Policy Number. 1660 Indian River Dr. City State ZIP Code Company NAIL Number Sebastian Florida 32968 If submitting more photographs than will fit on the preceding page, atflx the additional photographs below. Identify all photographs with: date taken; "Front Vlew" and Rear View*; and, If required, `Right Side View" and `Left Side View." When applicable, photographs must show the foundation with representative examples of the flood openings or vents, as indicated In Section AS. PhWoThrw Photo Three Caption Pliftftm Clear Photo Three Photo Four Caption FEMA Form 086-0-33 (12119) Replaces all previous editions. dear Photo Four Form Page 6 of 6 L �IF SEB TIAN HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589.5518 ■ www.cityofsebastion.org ❑Accessory Structure Reviewed by P\Z ❑ Conditional Use Permit (Commercial) ❑Administrative Variance (Fence or Septic System) ❑ Conditional Use Permit (Model Homes) ❑Easement (Abandoma mt) ❑ Board of Adjustment (Appeal) ❑ Special Use Permit\Special Exception X Board of Adjustment (variance) Project Name: Squid Lips Total Site Area: AcreslSF Parcel ID: 30-39-31-00000-00 l 0-00002.0 Address of Site: 1670 Indian River Dr. Sebastian, Fl. 32958 Proposed Use: Restaurant Applicant Name: Sembler Marina Partners LTD Address: 490 N Harbor City Blvd. Melbourne, Fl. 32935 Telephone: 321-242-2224 Land Use: RMU Zoning: CWR Email: buz@underill.com IApplicant (If not owner, written authorization (notarized) from owner is required) Owner: ('d-yvt-'Ll WAlQc'e _ Q-"raC &1 Lt-c- Address: 4-qo ", :*(-{nor GCt_31vQ_ µ2«erJJu, 3 2 `1 3 S Telephone: 'Z,�1.2tCi-�-zz4 Email: L-C��. Date Received: Fee Paid: Received by: FORM D c Surveyor. Briel & Associates Land Surveyors Address:1790 Hwy Al A, Suite 208; Satellite Beach, Florida 32937 Telephone: 321-773-7775 Email: Engineer. MBV Engineering, Inc. Address:1835 20t' St.; Vero Beach, Florida 32960 Telephone: 772-569-0035 Email: ryamn@mbveng.com Pre — Application Meeting Date: DESCRIPTION OF PROPOSED PROJECT: The applicant is seeking a modification to a variance under City Code of Ordinance Chapter 46 Floods Section 46-22. 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 lft. 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 +7.3 & and the minimum requirement Is +8.0 & An order granting a variance was issued on May 13t, 2021. Subsequently during construction it was discovered through a FEMA Elevation Certificate performed by a licensed surveyor that the bottom of the lowest horizontal structural member of the existing structure was in fact +7.3 R where it was previously believed to be +7.6 & This modification to the previously approved variance will provide consistency with the reauired FEMA Elevation Certificate. SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with, whether specified herein or not. The granting of approval does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. Print name Sigma Date STATE OF�� RAb COUNTY: ttoVAZD I hereby certify that on 20knally✓arpeared who is L' personally known to me or has produced identification. Type of identification produced: ism] � _ LNaft�V"Puile!c,.1 r My Commis on Expires: ., TISH PANA 10TOPOULOS o a+i1f COMMOSION / RH 390572 arm' EXPIIES:AuW24.2W FORM D