HomeMy WebLinkAboutSembler Variance 1660 Indian River DrivePROCEEDING BEFORE THE BOARD OF ADJUSTMENT
CITY OF SEBASTIAN, FLORIDA
3120240003278
IN RE: Sembler Marina Partners, LTD RECORDED IN THE PUBLIC RECORDS OF
dba: Sembler Sebastian Partners, LLLP RYAN L BUTLER, CLERK OF COURT
490 N. Harbor City Boulevard INDIAN RIVER COUNTY FLBK: 3674 PG: 484 Page 1 of 21/24/2024 9:22 AM
Melbourne, Florida 32935
LEGAL Commence at the intersection of the South Right -of -Way line of Davis Street (formerly known as
DESCRIPTION 9th Street) and the West Right -of -Way line of Indian River Drive (formerly known as Riverside
Drive, U.S. Highway No.1 and Old Dixie Highway) as shown on a Boundary Survey performed
by Jackson Associates, Dated March 12, 1990; thence South 24°45'07" East along said West Right -
of -Way line, a distance of 109.38 Feet; thence South 23°29'08" East along said West Right -of -Way
line, a distance of 181.86 Feet to a point on the North line of the South 50.00 feet of Lot 5, Estate of
August Park, according to the Plat thereof, as recorded in Plat Book 1, Page 19, of the said Public
Records of Indian River County (said line being described in O.R. Book 0863, Page 2670 and O.R.
Book 0938, Page 1889, of the said Public Records of Indian River County); thence North 89°04'14"
East along said North line of the South 50.00 feet of Lot 5, a distance of 71.47 Feet to the East
Right -of -Way line of said Indian River Drive; thence continue North 89°04'14" East along said
North line of the South 50.00 feet of Lot 5, a distance of 19.68 Feet to the POINT OF BEGINNING;
thence North 69°25'13" East along the South line of said O.R. Book 0863, Page 2670, a distance of
93.44 Feet to the Mean High Water Line (0.75' N.G.V.D. (1929) Contour) of the Indian River;
thence run along said Mean High Water Line for the following three (3) calls: South 52°08'39"
East, a distance of 15.30 Feet; thence South 52°17'52" East, a distance of 18.92 Feet; thence South
51°04'16" East, a distance of 15.64 Feet to a point on the said North line of the South 50.00 feet of
Lot 5; thence South 89°04'14" West along said North line of the South 50.00 feet of said Lot 5 and
the North line of said O.R. Book 0938, Page 1889, a distance of 126.72 Feet to the POINT OF
BEGINNING.
ADDRESS 11660 Indian River Drive, Sebastian, Florida 32958
PARCEL I.D. 130393100000001000002.0 I Current Zoning: CWR
REQUEST(S) Property Owner application for variance from Section 46-22 of the Sebastian Code of
Ordinance Chapter 46 Floods in order to provide relief from Florida Building Code
Section 1612.4; whereby the minimum elevation requirement for a building located in a
coastal high hazard flood zone is base flood elevation plus 1 foot to the Iowest
horizontal structure member of an existing structure that is being substantially
improved. Approval will allow proposed addition that will be a substantial
improvement per Section 46-46.5 to the existing structure that was permitted in 1991;
whereby the existing structure is 0.7 ft. below the flood elevation criteria based on the
most current FEMA Flood Elevation Certificate prepared by a Florida licensed surveyor.
ORDER
WHEREAS, a public hearing was held on 12th of May, 2021, before the Board of Adjustment for
an application for variance by the Property Owner 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; where based on best
available information at the time the existing structure was 0.4 ft. below the flood elevation criteria; and
WHEREAS, the board determined by a vote of 4 to 0, that the variance request met the
prerequisites as set forth in Section 54-1-2.5(c)(2), of the Land Development Code of the City of Sebastian;
and
WHEREAS, upon presentation at a public hearing on the loth day of January, 2024, before the
Board of Adjustment, of the application for a modification to a variance by the Property Owner and upon
review and consideration of all testimony, evidence and argument presented at said hearing, which
constitutes substantial competent evidence, where based on best available information at the time the
existing structure was 0.4 ft. below the flood elevation criteria, the Board determined by a vote of 3-0, that
the modification to the variance requested meets the prerequisites as set forth in Section 54-1-2.5(c)(2), of
the Land Development Code of the City of Sebastian.
PROCEEDING BEFORE THE BOARD OF ADJUSTMENT
CITY OF SEBASTIAN, FLORIDA
Page 2 of 2
IT IS, THEREFORE, ORDERED AND ADJUDGED THAT THE PROPERTY OWNER'S REQUEST
FOR VARIANCE IS GRANTED with the following conditions:
1. If the building become substantially damaged or substantially improved, as defined by the
Florida Building Code, this variance will no longer be in effect; and
2. Property Owner shall provide proof that the variance is recorded with the Indian River County
Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of
land
x x x x
This Order shall take effect immediately, and shall be deemed rendered three (3) days after it has been
signed by the Mayor, acting in his capacity as Chairman of the Board of Adjustment, and deposited in the
United States Mail for first class delivery. Any appeal of this decision shall be made in the Circuit Court
of Indian River County within thirty (30) days of the rendering of this Order, as required by §54-1-2.5(e)
of the City's Code of Ordinances.
Dated: January 23, 2024
ATTEST:
Ate Williams, MMC
Clerk
By: ' ^ CK2
Mayor Ed Dodd
Chairman of the Board of Adjustment
City of Sebastian
Approved as to Form and Legality for
reliance by the
/City of SJebas 'an only:
P-nRder Cockcroft, Esq., BC
City AttorneyZ.-