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Home My WebLink About02-14-2024 BOA Agenda7. 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 or place a requested item on a future agenda. 8. RECESS THE CITY COUNCIL MEETING AND CONVENE THE BOARD OF 4— ADJUSTMENT MEETING A. Approval of Minutes — January 10, 2024 BOA Meeting B. Variance Request from Property Owners Andrew & Alina Davis for Relief from Section 54-2-7.7(c)(1) of the Land Development Code to Allow a 6-foot High Fence to Extend 1.25 feet (15 inches) Beyond the Front House Line into the Front Yard Whereas the Code Requires the Fence to be a Maximum of 4-feet High on the Property Located at 658 Badger Street (Transmittal, Staff Report, Exhibits A- E) 9. ADJOURN THE BOARD OF ADJUSTMENT MEETING AND RECONVENE 4r--- THE CITY COUNCIL MEETING 10. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. 'there will be no separate discussion of consent agenda items unless a'member of City Council so requests; in which event, the item will be removed and acted upon separately. 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. A. Approval of Minutes — January 24 2024 Work Session B. Approval of Minutes — January 24 2024 Regular City Council Meeting C. Request for the Natural Resources Board to Sell Alcohol (Beer Only) at the Upcoming Earth Day Celebration in Riverview Park (Transmittal Proposal) D. Approve Amendment #3 to ITB 23-15 for Citywide Swale Improvements in Conjunction with Roadway Repaving (Transmittal, ITB, Bid Sheet, Agreement) E. Approve Grant Administration Services from Guardian CRM, Inc. for CDBG Entitlement Funding for Annual Action Plan FY 2023/2024 (Transmittal, CSA#8, Letter) F. Alcohol Beverage Approval (Transmittal, Application, Receipt) i loon SEBASTIAN (INTINNIAt ((ITBRATION 1914• 101( BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached January 10, 2024 Board of Adjustment minutes were approved at the February 14, 2024 Board of Adjustment meeting. Chairman Ed Dodd ATTEST: Jeanette Williams, City Clerk Regular City Council & BOA Meeting January 10, 2024 Page 3 Friday, January 12 - Chamber of Commerce Concert in the Park at Riverview Park 5:30pm — 8pm (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 — Florida Arbor Day Volunteer Tree Planting at Tulip Drive Pond — 12om — 2pm Saturday, January 20 - Annual Sebastian Riverfront Fine Arts & Music Festival at Riverview Park — IOam — Spm Sunday, January 21- Annual Sebastian Riverfront Fine Arts & Music Festival at Riverview Park — IOam — 4pm Vice Mayor Dixon announced the upcoming events. 7. PUBLIC INPUT Cindy Geesey, 108 Wood Stork Way, asked Council to consider making the Board of Adjustment a citizen board to allow those interested in public service an opportunity to gain experience. With regard to the Centennial, she asked if Council would be interested in becoming a "Sister City" with an international municipality. Damien Gilliams, 1623 US Highway 1, said he was planning to participate twice a month in the future Council meetings. He said his court case was over as of Friday and began to speak about a family member of Mayor Dodd. Mayor Dodd called for a Point of Order and reminded Mr. Gilliams that if he continued to make accusations that he would be engaging in a civil liability situation as the grievances he was presenting were nonsensical. 8. Mayor Dodd recessed the City Council Meeting and convened the Board of Adjustment meeting at 6:28 p.m. A. MOTION by Mr. Nunn and SECOND by Vice Chair Dixon to approve the November 15, 2023 BOA Meeting minutes passed with a unanimous voice vote of 3-0. 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) Celebrating Our 100th Anniversary Regular City Council & BOA Meeting January 10, 2024 Page 4 Chairman Dodd noted that three affirmative votes would be needed to take action on the matters considered tonight. The City Attorney read the request from Mr. and Mr. Mantz. There were no ex parte communications to disclose by the board members. The City Clerk swore in those who would be providing testimony. Mrs. Mantz stated they are replacing a carport that was destroyed in the 2005 hurricanes that wasn't placed in the proper location when it was originally built. The Community Development Manager said they are finding that with homes built in the early 70's and 80's there was not a lot of detail required. In 1984 the permit came in without a garage and shortly thereafter the Mantzes sought a carport on a hand drawn plot plan with a rectangle plot that didn't have the accurate side yard setbacks. She said the exhibit on page 28 displayed the correct encroachment and staff recommended approval. There was no one to speak in favor or opposition to the request. MOTION by Mr. Nunn and SECOND by Vice Chairman Dixon to recommend approval of the Mantzes' request passed with a unanimous voice vote of 3-0. 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) The City Attorney read the request from Sembler Marina Partners, Ltd. There were no ex parte communications to disclose by the board members. The City Clerk swore in those who would be providing testimony. Kim Rezanka, attorney with the Lacey, Lyons, Rezanka law firm, representing the applicant, Sembler Marina Partners, said the variance was signed in May 2021 when it was found that the flood elevation changed by the Florida Building Code and they were here to request a modification to the variance to open the business. The Building Official said the variance was granted in May 2021 and there is a requirement that the lowest horizontal structural member in a V Zone has to be at base Celebrating Our 100th Anniversary Regular City Council & BOA Meeting January 10, 2024 Page 5 flood elevation plus one foot. It was built to code at the time but now the FEMA elevation certificate shows the bottom of the lowest structural member of the existing structure is +7.3 ft. where it was previously believed to be +7.6 ft. which is a 4 inch difference. He stated the City's record must match the FEMA certificate. There was no one to speak in favor or opposition to this request. The Building Official confirmed that the documentation by the engineers involved in this project have recertified the elevation and nothing more has changed since the 2021 variance. MOTION by Vice Chair Dixon and SECOND by Mr. Nunn to approve the Sembler Marina Partners' request passed with a unanimous voice vote of 3-0. Chairman Dodd adjourned the Board of Adjustment meeting at 6:42 p.m. and reconvened the City Council Meeting. 9. CONSENT AGENDA A. Approval of Minutes — Regular City Council Meeting, November 15, 2023 B. Approval of Minutes — Regular City Council Meeting, December 13, 2023 22.214/24.004 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. 24.005 D. Snow's Space Coast Superior Events — Italian Fest (Transmittal, Application, Cert. of Ins., Receipt) 24.006 E. Alcoholic Beverage Approval (Transmittal, Application, Receipt) Mayor Dodd asked to pull Item C. MOTION by Council Member Nunn and SECOND by Mayor Dodd to approve Consent Agenda Items A, B, D, and E passed with a unanimous voice vote of 3-0. Celebrating Our 100th Anniversary BOARD OF ADJUSTMENT AGENDA TRANSMITTAL Council Meeting Date: February 14, 2024 Agenda Item Title: Variance Request — Davis — 658 Badger Street - Fence Height in Front Yard Recommendation: Conduct a quasi-judicial public hearing to consider the variance request for a fence six (6) feet in height to extend 1.25 feet beyond the front house line. Background: A variance application has been submitted from property owners Andrew & Alina Davis for relief from Section 54-2-7.7(c)(1) of the Land Development Code to allow a 6-foot high fence to extend 1.25 feet (15 inches) beyond the front house line into the front yard whereas the code requires the fence to be a maximum of 4-feet high. The applicants' residence is a new structure, receiving its Certificate of Occupancy in May, 2023. As such, like other houses currently being constructed, the newer type of Onsite Sewage Treatment and Disposal Systems (OSTDS) was installed. These systems generally require a bit more room for its tank design, and proximity to electrical equipment for the macerator. LDC Section 54-2-7.4(b) allows septic tanks and drainfields to be placed within a front or side yard. Historically, the systems have been located in the front yard, but with the additional area now necessary, contractors are installing the systems along the side yards, and mainly on the same side as the outside A/C equipment, which has an electrical outlet. On June 6, 2023, shortly after moving in, the applicants applied for a 6-foot fence permit to privatize their back yard. The information submitted with the application indicated the proposed fence with regards to height, materials, and placement, met all Land Development Code requirements, and the permit was issued. However, during installation of the fence, it was determined that placement of the support posts that were to be located in the side yard where the septic system was existing could not be placed because of where of the OSTDS tanks were situated underground. The installers relocated the post locations by extending them 1.25 feet into the front yard, and kept the fence panels at 6 feet high. During the final inspection by city staff, it was observed that the final fence was not in its permitted location, that it had been extended beyond the front house line, then continued at 6 feet high to the side property line. The inspection was subsequently failed. In accordance with Section 54-1-2.5, staff has provided a report detailing the variance request, applicable exhibits, the criteria established for determining variances, along with additional information to assist with the Board's consideration. If Agenda Item Reouires 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 E, which includes application from homeowners Administrative Services Dep nt City Attorney Review: Procurement Division ew, ifapplicable: NP/} City Mana er Authorization: Date: ap/aOA4 mX SEBASTLAN HOME OF PELICAN ISLAND Community Development Variance Application - Staff Report 1. Project Name: Davis Fence Height in Front Yard 2. Requested Action: A variance is being requested from Section 54-2-7.7(c)(1) of the Sebastian Land Development Code to allow a portion of a fence to be six (6) feet in height and extend 1.25 feet (15 inches) beyond the front line of residence whereas the code requires the fence to be only four (4) feet in height if the fence is located in front of the house. 3. Project Location a. Address: 658 Badger Street Sebastian, Florida b. Legal: IRC Tax Parcel ID No. 31-38-01-00003-1080-00012.1 Lot 12, Block 108, Sebastian Highlands Subdivision Unit 2 4. Project Owner: Andrew & Alina Davis 658 Badger Street Sebastian, Florida 32958 (954)901-1640 5. Project Agent: Homeowners 6. Surveyor (1991): David M. Taylor, PSM #5243 Masteller, Moler & Taylor, Inc. 1655 27' Street Vero Beach, Florida 32960 (772)564-8050 Project Description: a. Narrative of proposed action: The applicant's residence at 658 Badger Street is a new structure, receiving its Certificate of Occupancy in May, 2023. As such, like other houses currently being constructed, the newer type of Onsite Sewage Treatment and Disposal Systems (OSTDS) was installed. These systems generally require a bit more room for its tank design, and proximity to electrical equipment for the macerator. LDC Section 54-2-7.4(b) allows septic tanks and drainfields to be placed within a front or side yard. Historically, the systems have been located in the front yard, but with the additional area now necessary, contractors are installing the systems along the side yards, and mainly on the same side as the outside A/C equipment, which has an electrical outlet. Placement of the OSTDS permitted by the Environmental Health Dept. for the applicant's residence is attached (See Exhibit A, survey). On June 6, 2023, shortly after moving in, the applicants applied for a 6-foot fence permit to privatize their back yard. The information submitted with the application indicated the proposed fence with regards to height, materials, and placement, met all Land Development Code requirements, and the permit was issued (See Exhibit B1-B3, fence permit application and proposed survey). However, during installation of the fence, it was determined that placement of the support posts that were to be located in the side yard where the septic system was existing could not be placed because of where of the OSTDS tanks were situated underground. The installers relocated the post locations by extending them 1.25 feet into the front yard, and kept the fence panels at 6 feet high. During the final inspection by city staff, it was observed that the final fence was not in its permitted location, that it had been extended beyond the front house line, then continued at 6 feet high to the side property line. The inspection was failed and the inspector advised the homeowners to inquire about requesting a variance, or reduce the height of the extension to the required 4-feet high maximum (See Exhibit C, final inspection report). The homeowners are requesting variance consideration and have submitted a thorough application requesting relief from the fence height requirement for that portion of the fence that extends 1.25 feet beyond the front house line (See Exhibit D1-D19, variance application, written request, attachments w/ photos, + petition). b. Current Zoning: Current Land Use: C. Adjacent Properties: North: East: South: West: d. Site Characteristics RS-10 (Single -Family Residential, Min 10,000 SF Lots) LDR (Low Density Residential, 5 units per acre) Zoning RS-10 RS-10 RS-10 RS-10 Current Land Use residence residence residence residence Future Land Use LDR LDR LDR LDR 2 (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: 8. Staff Comments: .23 acres, or 10,000 SF Single-family residence Public water Septic system — Aerobic Treatment Unit 1) The front house line for the applicants' residence is at 25.47 feet from their front property line. The front house line for the adjacent residence to the north, the side where the extension is located, is at 25.66f feet. If the variance is granted, the 6-foot high fence extension would be slightly visible from the neighbor's front yard view. 9. Board Criteria for Determining Variances: See attached analysis. 10. Staff Recommendation: With regards to the applicants' variance request, the following options are available (See Exhibit El-E2, diagrams of A-D): A. Deny the request, and require that portion of the fence that extends beyond the front house line to the side property line to be reduced in height to 4 feet maximum; or B. Grant the request, allowing that portion of the fence that extends beyond the front house line to the side property line can remain at 6 feet high; or C. Require that portion of the fence that has to extend because of the OSTDS tank location be reduced in height to 4 feet, and then relocate the remaining 6-foot high portion that runs to the side property line back to the front house line; or D. Grant a variance for that portion of the fence that has to extend because of the OSTDS tank location to remain at a height of 6 feet, but then relocate the remaining 6-foot high portion that runs to the side property line back to the front house line. 11. Board Action: Conduct quasi-judicial hearing to consider the requested variance. Dom Bosworth, Manager/Planner Community Development Department 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 ❑ New construction standards for Onsite Sewage Treatment and Disposal Systems are prompting contractors to locate the systems within the side yards of new residences being built, instead of the front yards where the older concrete septic tanks and drainfields have normally been placed. Consideration of updates to the current fence placement and/or height regulations, or amendments to the allowable locations for the newer OSTDS is most likely warranted. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes V No ❑ As the building permit for the house was applied for by D R Horton, the applicants did not have any part in the decision regarding placement of the OSTDS. C. Suecial arivileees 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 The house at 658 Badger Street is not the only residence that has been constructed with a newer OSTDS, or one placed in its side yard. Previous fence applicants have had to adjust their proposed 6-foot high fence locations to accommodate the system's side yard placement. d. Hardshia 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 0 district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Meets Standard Yes � No ❑ Because of the placement of the OSTDS in the side yard and that it extends into the front yard, the applicants are not able to install a 6-foot high fence behind the front house line to meet code establishing the privacy they are looking for. Consideration should also be given that alternative resources that create privacy, i.e. plant materials and hedges, can also not be planted on top of the OSTDS collection chambers. e. Only the minimum variance Granted. 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 ❑ Option D from staffs Exhibit E would be considered the minimum variance if granted. However, Option B, the applicants' request, could still be considered making reasonable use of the land, building, or structure. 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 ❑ The adjacent residence to the north has approximately the same front house line as the applicants at 25f feet. The extension of the 6-foot high fence into the applicants' front yard will be visible to the northerly neighbor. However, the applicants have submitted a petition signed by the neighbors that acknowledges they have no reservations regarding the height or extension, and staff opines the extension will not be detrimental to the area, or affect the public welfare. g. 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 V No ❑ No conditions are being proposed. h. Time limit may be imaosed. 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 � No ❑ The fence has already been installed and exists in the location the variance is being requested for. If Option B is not granted, a time period of six (6) months should be prescribed for the applicants to bring the fence into compliance with the Board's decision. I. No use variance uermitted in suecified 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. q I€ 91 129, SEFSFS Y� �iWP7 S 8 s� I a 1 g #F36 sxN 3 `�` iYI; Aq , iRl SSn � pppp� G9� pry>T R'o I \ II III \ I L — smmmz ' a — EXHIBIT A- qq€ Nup egaM-%" M7n• All o.Qd�} I�SeSt� ■ 4e p14 a ®044®®t B xlwa 000.•P{ R�� y� �g�a % l k� °8_— Ji w g� 6 C SCUP tZ 6 _6 Ep BADGER�STREET F i SOiR/W --r—s--__—_—___—.h._ i i I e gB Eg F R gB q Maml_aerMoler & Tess LMlBoa4pr6,p4eI4rns c. I.Lsrnyo IsndSumeyng Bualne 1 = ~ +�duiasw. �—' s uaar m David M. o.,e ima'�ie .y�N, icy""••,, Taylor .�•�;:a i" s:` a D.R. Horton, Inc. r F EXHIBIT B1 CITY OF SE�`'ca``�T HOME OF PELICAN ISLAND BUILDING DEPARTMENT FIRE PREVENTION OFFICE 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) S69-SS37 FAX (772) 569-2566 OWNE"UILDER PERMIT APPLICATION ALL OF THE FOLLOWING MUST BE FILLED IN BY APPLICANT, ACCORDING TO FS 713,135 PERMIT N DATE:5/31123 INDIAN RIVER COUNTY PARCEL ID 31380100003108000012.1 RECEIVED BY: LOT:12 BLOCK: 108 SUBDIVISION: Seb HIS Bayport to Vocell (14001FLOOD ZONE: X TYPE OF WORK: aEW STRUCTURE ❑ADDITION ❑ALTERATION []REPAIR DEMOLITION ❑ OTHER WORK INCLUDES:❑STRUCTURAL []ELECTRICAL ❑PLUMBING []MECHANICAL []ROOFING -SLOPE:_ ❑ FIRE SYSTEM ❑ I'001.❑ ALUMINUM STRUCTURE❑ SHED ✓❑ FENCE ❑ SLAB OR DCCK []OTHER WORK DESCRIPTION: Vinyl Fence 6' height around back of property, not to exceed front plane of home. ESTIMATED JOB VALUE:S7SO� TOTALS/F JOB NAME: Davis Fence JOB ADDRESS: 658 Badqer Street PROPERTY OWNER'S NAME: Andrew 8 Alina Davis ADDRES5:658 Badqer Street CITY/STATE: Sabastian. FL CONTACT E-MAILADDRFSS: andrewd33@gmail.com CONTRACTOR BUSINESS NAME: Self ADDRESS: CITY/STATE: CONTACT E-MAIL ADDRESS: ARCHITECT/ENC INEER: ADDRESS: CITY/STATE: _ CONTACT E-MAIL ADDRESS: PRESENT USE: PROPOSED USE: UNDER AIR N/A PHONE: 954-901-1640 ZIP CODE 32958 LICENSE N: CONTACT PHONE: ZIP CODE PHONE: ZIP CODE: OCCUPANT LOAD: NUNIBEROF: ❑STORIES ❑BAPS ❑UNITS ❑BEDROOMS ❑HEIGHT TYPE OF CONSTRUCTION: CROUP OCCUPANCY: AREA IS THE BUILDING PRESENTLY EQUIPPED WITH AN AUTOMATIC FIRE SPRINKLER SYSTEM? ❑YES ❑JO BONING COMPANY: _ _ _ _ _ ADDRESS: MORTGAGE LENDER: ADDRESS: N 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. 1 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 P.IOTICE 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. 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. _ 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 COMPEXFJ4CY ISSUED BY THE CITY OF SEBASTIAN PRIOR TO OBTAINING PERMIT. that all the foregoing Information Is accurate and that all work will be done In compliance :able regulating construction and zoning. AN OWNER ACTING AS THEIR OWN A :O'VAER/A&N} SIGNATURE CONTRACTOR MUST PERSONNALLY APPEAR AT THE BUILDING DEPARTMENT TO SIGN THE PERMIT APPLICATION. PER FS 489.103 Andrew Davis PRINTED NAME OF OWNER/AGENT DATE: 5/31/23 4• Individuals who sign as the owner's agent must first obtain legal power of attorney to sign on their behalf. STATE OF FLOIdI)A COUNTYOFI i'i:(�v 1'ter}}� y ccj7ih that on this d�•—of—r -ti _ 20, ` personally appeared vtiho is personally known to n)e or has produced identification. - " ) Ty'eo(Idutttficationpr khced: �/ L L UNDA bL LOHSL Commission l<HH 265507 ExiUes June 18, 2026 3 � � I II LOT 11 I BLOCK 108OCCI� ® T PIED F.F.-FF.2f 7Now ow fo. 1p ( � )0• CLF NO LD` `'�a f I 2i r 125.00' 517E BM 5 E7 NAIL 1�2L6 ELEV=I9.68' ILE M15 i X21.� " z N N M1• �, I o pp A/C PAD 72.9 7 O 5 M1 2�G �1 ELEV.=24.f' ) Pr W WV GGbE9 EZOZ/90/90 LOT 12 GARAGE ( ; �iii^ El EV-23.7' ,Q'I dz uosdw!Sr .. Ca+lCREfP' , nnalnax �nunloz BLOCK 108 SINGLE FAMILY z�• W g RESIDENCE 1.6T Ln -`' •- --' Ue 2 a s3S 658 BADGER STREET '. 39.82' 7.W F.F.=24.2' .W I QI >: OO m F. M1' 2 1 -}- O 71.6 H N ffl.a � 9 ao>!G 109 N90.00' 'E No Lit. V`l ✓L ICNCE 10 i N1i011W1oV-Rz 125.00' Jke rJ011H` 19a 2a Do! 1 N-`-71.9 a I ui LOT 13 nr icw wwevs BLOCK l IP1EDDH it OCC eNLaa0tu0nia F,F.=22.8' D j NV~u s I I EXHIE3IT C CWCF .J HOME OF PELICAN ISLAND Permit Number 23-2165 Jurisdiction Sebastian Customer ANDREW MICHAEL & ALINA DAVIS Scheduled 12/1/2023 12:00:00 AM Details Inspection Report Inspection Date: 12/1/2023 7:38:00 AM FAILED ANDREW MICHAEL & ALINA DAVIS should contact Sebastian at (772) 589-5537 for further information. Work Order Number Inspection Number 2SS87GOD 20223370 Inspection Type Inspector Final Engineering Eric Brierton Address Phone 658 BADGER ST, SEBASTIAN 32958 (954) 901-1640 Completed Uploaded 12/1/2023 7:38:00 AM 12/1/2023 7:00:22 AM Fence extends out past from of house roughly 1' due to septic being in the way. I did advise customer to speak with zoning on a Variance for the fence due to the septic being in the way. If not then Fence will need to be moved to -front comer of house or lowered to 4' You can download this report or request additional inspections at www.MyGovemmentOnline.org. For software assistance please call 866.957.3764. For questions about this inspection please contact your iurisdiction EXHIBIT D1 Permit Application No. SEA City of Sebastian a DeveloFment Order Application x piicant (If no owner, written authorization (notarized) from owner is required) Name: ZQE1..) 'DAIJ rS Address: �s'8 BAD6ze SSA-, 3,:29SS Phone Number: 4. ) g0 t ) FAX Number. ( ) E-Mail: gndr�CuJid33 lE,?M,AAe. I Owner (If different from applicant) I Name: Address: Phone Number: ( ) FAX Number. ( ) E-Mail: Title of permit or action requested: ;237t 21L / r VIAi,1L ANCc - Y Aei &leo 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): I B. Site Information Address: (- 5$ �EAZOii�X TJ Lot: Block: Unit: Subdivision: +a rob a s654s7/4-7 Indian River County Parcel # 313801 (90c031og O000 (2,1 Zoning Classificatir�n: , i 0 Future Land Use: LD Existing Use: Proposed Proposed Use - SF?, w C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets If necessarv). �&p A-rrACIIe7 7)6scetPTro�1 4Grc APAA91rN ":5i /O A-T-r.4c" Aii5& rC DATE RECEIVED:4-/-a—A-023 FEE PAID: $ RECEIVED BY: —J5 . ECEIVE BY- D2 D. Project Personnel: Agent: Name: Address Phone Number: ( ) E-Mail: Attorney: Name: Address Phone Number: ( ) E-Mail: Engineer: Name: Address Phone Number: ( ) E-Mail: Surveyor: Name: Address Phone Number: ( ) E-Mail: FAX Number: ( ) FAX Number: ( ) FAX Number: ( ) FAX Number: ( ) Permit Application No.. i, Awrit w , A o << , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: ZAM THE OWNER _ I AM THE LEGAL PRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, ND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCU TO THE BEST OF MY KNOWLEDGE AND BELIEF. SAP4fURE /I DATE SWORN TO AND SUBSCRIBED BEFORE ME BY AnCrcui r)& %n s WHO IS PERSONALLY KNOWN TO ME OR PRODUCED n 11L AS IDENTIFICATION, THIS _,I —DAY OF 0>3. uI"'P� JOSHUASIMPSON NOTARY'S SIGNATURE Commission#HH 113187 ' ' P"��fYY►TTT� ExDlresApN 4, 2025 PRINTED NAME OF NOTARY �1A7?{�Wt C.�er'i - �soF pL°�' BonaN7hv euepNxolmys.Mxe COMMISSION NO./EXPIRATION SEAL: Permit Application No. D3 The following Is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, ✓ THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PR ERTY ES RISE WHI H Is THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE 1 BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PR6PERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE YWE 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, O ES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN, SIGNATURE DATE Sworn to and subscribed before me by fll.druJ �J I S who is personally known to me or produced F!. as identification, this �_ day of l�ecynls« ISO �,3. tiON NO JOSHUASIMPSON Notary's Signature /ice— '•"' f Commission#HH1131e7 Printed Name of Notary Si.,ns�nl * ExpkesApro,1.2025 Commission No./Expiration �� ?,�e,nds eooaaanws�ae+ewnsm Seal: APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CON LTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLICANT \� � 1 t/s,q-,, ENT DATE DE Permit Application No.- 5EBAS7" Supplemental Information Application to the Board of Adjustment _ 1. This application is for a (check one): V variance(s) _ appeal(s) 2. Specify all code provisions for which a variance is being requested or the decision or decisions that you are appealing. (Attach extra sheets if necessary):_ LAC 6tEC-Yla,r r l a 0 _ 3. Legal description of the property involved: ISeS r 1.� r.t _ 4. Atta h the following: 7a. Boundary survey of the property executed by a Florida Registered Surveyor. The survey shall show the dimensions of the lot or parcel at issue, the location of all structures, if any, along with adjacent streets, and all easements and right-of-ways. b. Additional data and information as required to properly advise the Board of the facts and circumstances needed to decide the case on Its merits. c. The names and addresses of all property owners whose property or part of their real property Is within 300 feet of any outer boundary of the lot or Vaarcel of land that is subject of the application. 11 • ,,US�,,,,,, g F Mast3 oul MOler $ O m Inc. � rwK su�+sY Oroff• Laad�$urreyingsW L8 4644 coCumw Nrr Andrew M Davis _ Mom i MASM Am FAMP= ice and Alma Davis "'" .%n Curt . NNW --- ey Andrew & Alina Davis 658 Badger Street, Sebastian, FL 32958 Lot:12; Block:108; Subdivision: Sebastian Highlands Unit 2 Application for 15 Inch Fence Variance We are seeking a variance for the portion of our 6-foot vinyl fence with the gate, on the North side of the house, which extends beyond the front plane of our home by 15 inches. We were forced to make this adjustment at the last minute as it was determined that the septic drain field was thoughtlessly buried across the front plane of the house, and there was no alternative to properly install the posts for the gates. The requested variance is only for the length of fence including the gate to the NE corner post in the front (Attachment 1). It was certainly not our intention to change the original proposed layout of our fence (Attachment 9b). Although requested numerous times over a period of months, we never received any documents or disclosures on the septic system from the builder or the installer, other than the fact that we had a septic system. We only determined that there would be an issue with post placement in the 11t' hour when the fence installers with materials arrived for the job. Naturally, no one takes responsibility for the planning of the septic system, but at the end of the day it was approved. We respectfully request that our request for fence variance be approved due to the extenuating circumstances presented. To make changes would cause hardship, in cost, time, and we would lose one third of the area proposed for a security and privacy fence without approval of the variance for 15 inches. A description of our request for the fence variance can be followed with the chronology of the following 10 Attachments (Attachment 9 is the actual survey of the property we received at closing. Attachments 9a, 9b, and 9c, magnify the home layout as the survey scale is 1 inch to 20 feet.) Attachment 1 is a photograph taken from the front of 661 Badger (house across the street) looking at the front of our home showing the fence on the North side. I have illustrated fence posts 1, 2, 3, 4 throughout all the attachments for continuity. The 15-inch variance is for the portion of fence running from Gate post #3 to the NE corner of the installed fence (right side of photo). Attachment 2 is a photograph looking to the North showing the adjustment that was required to avoid interfering with the septic drain field. It is taken on the outside of the fence from the driveway. Post #1 is not shown in the photograph as it sits 9 inches behind the front plane of the house behind the rain gutter. Attachment 3 is a photograph looking to the South. It is difficult to draw, but the actual variance being requested is from the front corner of the house to the front of Gate post #3. This is -the 15- inch variance we are requesting. Page 1 of 2 D7 Andrew & Alina Davis 658 Badger Street, Sebastian, FL 32958 Lot:12; Block:108; Subdivision: Sebastian Highlands Unit 2 Application for 15 Inch Fence Variance Attachment 4 is a photograph showing the drain field prior to it being covered, with approximate locations of the 4 fence posts, respectively. Attachment 5 is a photograph looking to the south straight on the gate to show that even with the 15 inches, the fence still lies behind the roof lines of the 2 houses out to Demsey. Attachment 6 shows the layout of the septic system looking to the back end of the property. Of note is the arrow facing back adjacent to the location of gate post #4 with the 4" 900 pvc connected the 4" blue pvc pipe. See Attachment 7. Attachment 7 looks down into the hole for gate post #4 before being filled to show the proximity of the post to the leading edge of the septic drain field. Attachment 8 is the permit received for the project. Attachment 9 is the actual survey of the property we received at closing. Attachment 9a, 9b & 9c are all the same magnification of the survey in Attachment9. 9a is a clean survey 9b is a survey which shows the original outline of the fence submitted with the permit application 9c Is a survey of the actual final outline of the fence. It should be noted that the scale of the survey is 1 inch to 20 feet. The approximate 15 inch variance we seek would be represented by 1/16 of an inch, or 1.5875 millimeters on the survey if drawn to scale {(15 in/ (20ft x 12in)) x 25.4 mm/in). This line is drawn in pencil with yellow highlight. Attachment 10 is a petition signed by my neighbors on Badger Street indicating that they have no reservations or reasons to oppose this requested variance. Page 2 of 2 ram_ r if A_ ce Att Attachment 3 AL/ - — 1 2� r r The Leif gate is closed, this is Reading , edge of gate FOR 1 •` + 1��QM�4��1�I. %y • )ic .A Ys�y 1 V a D12 ment5 V"V SIZ l ?yjg�J� /`ar T R g luawy:)el4v u m .161 41 El Attachment b D 15 arrL7F CITY OF SEBASTIAN, FLORIDA 1225 Main Street Sebastian, FI. 329S8 ape r PH: (772) 589-5537 FAX: (772) 589-2566 BUILDING PERMIT HOME OF PELICAN ISLAND PERMIT INFORMATION LOCATION INFORMATION PERMIT NO: 23-2165 ISSUE DATE: 06/06/2023 ADDRESS: 658 BADGER ST WORK TYPE: FENCE I PERMIT TYPE: LOT /BLK: 1 SUBDIVISION: SEBASTIAN HIGHLANDS UNIT TOTALFEESPAID: 75-DO DATE PAID: 6/5/2023 PARCELNUMBER: 31380100003TO800001Z.1 CONTRACTOR INFORMATION OWNER INFORMATION NAME: ANDREW MICHAEL & ALINA DAVIS NAME: ANDREW MICHAEL&AUNA DAVIS ADDRESS: 658 BADGER ST ADDRESS: 659 BADGER ST LICENSE NO: PHONE: (954) 901.1640 PHONE: (954)901-1640 DESCRIPTION OF WORK: 6' VINYL FENCE REQUIRED INSPECTIONS FINAL ENGINEERING THIS PERMIT BECOMES NULL AND VOID IF CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 180 DAYS FROM ISSUANCE, OR IF CONSTRUCTION IS SUSPENDED, OR ABANDONED FOR A PERIOD OF 180 DAYS AT ANY TIME. THE CONTRACTOR HAS CERTIFIED BY SIGNATURE OF APPLICATION, THIS DOCUMENT AND PLANS AND SPECIFICATIONS ARE TRUE AND CORRECT. ALL PROVISIONS D' LAWS AND OAD'NANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED OR NOT. •• NOTICE •• IN ADOTION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPUCARLE TO THIS PROPERTY THA' MAY BE FOUNEI 'N THE PU BLIC RECORDS OF THIS COUNTY. AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL AGENCIES SUCH AS WATER I MANACEMEW DISTRICTS, STATE AGENCIES, OR FEDERAL ACENOES. I ** 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 YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. THIS PERMIT SHALL BEAVAILABLL ONSITEATALL TMES. INSPECTIONS SHALL BE COMPLETED PRIOR TO PERMFT EAPIRATION TO AVOIDADDII'IONAL FEES. RE U�EST INSPECTI.ONS: By phone at 772-589-5537 OR online at www.mygovernmentonfine.org D16 , FA `•3f.9 1 �1� e 4 . x 21.� uS 18 e z z01hR. --N901Q0 ow— �,.. 125.00' ,e 211 e N -i-z�,° '! ro 39.82' 7.K' - o NNn fDr.EE NO LD. {r d rl Z U d } r { Ii la LOT II { I BLOCK 108 0=11XD I - F.r.-21.7' ! — FO. IP NO 1.0. SFJ NAIL. { ELEV,0-68 40 A/C PAD 12A { W aeT LOT 12 CLEV. GARAGE }}y BLOCK 108 SINGLE FAMILY ;` ,, : ��.,::.•{ Li� RE—WENCE 658 BADGER STREET f-P.=24.2' pis el.Ee' w oy ? N90wr WE Aj 'Ob�Yi�- i2$.00' °je NO E� !9e 2500. zl.9 1b � IJ{Y LOT 13 BLOCK 108 CCCualEV o { f.r. { J D17 I LOT 11 I Ig BLOCK 108 I� OCCUPIED I^ — —m ow ow— FD. 1 NO I.D. g tP 1 SITE BN SIFT NP0. 21.6 i. a N -1- 1-0 1--1 39.82 79v 23.2 x- o VOID — rD. Ia . "•, r� +LN—� �. n O all • ElEV.19.68 �IlILr A� PAD I N tLEV.- 2/.1' 511.89, LOT 12 ELEVRACE 7cr- BLOCK 108 OORRML !)AY . ralm j �:. SINGLE FAMILYto � . ' ' � - r'•: =y � (� O � RESIDENCE ser r Ue 658 BADGER STREET F.F.=24.2' awl g$ i Co let N9f1' ?0' Ot1"N� 123.00" 9. 2a O01 J n en 9 Tk! LOT 13 1 9 BLOC�IED �-- r.r. 22.e' b u o o' ow P..r 127.15,00' '•`� + T2 a m I ( {a LOT 17 BLOCK 108 rJ - 21. FD. IP NO I.D. `J SET NFII � d ELEV19.ee' .={ � PAD . t 22 t+ DI.a9' LOT 12 DARADE /�/y/ /�� fEEv,�p3.7' � : eiwCkEi�'; °Sff ' ' •t 191LO 1VO .•. :DIUVEff�VAY,. t W SINGLE FAMILY RESIDENCE 658 BADGER STREET 'Z 4 F.r.=24.2' (m auaa {� + T1.6 y1 h • � 19.0, NQt po'0b'Wx 125.00' r!s Q F_is.o pao0 n.9 n I gI �� g I LOT 13 BLOCK 108 �- F.F. 22 b' j Llo But Andrew & Alina Davis 658 Badger Street, Sebastian, FL 32958 Lot: 12; Block:108; Subdivision: Sebastian Highlands Unit 2 PETITION IN FAVOR OF A 15 INCH FENCE VARIANCE We are seeking a variance for the portion of our 6-foot vinyl fence with the gate, on the North side of the house, which extends beyond the front plane of our home by 15 inches. We were forced to make this adjustment at the last minute as it was determined that the septic drain field was thoughtlessly buried across the front plane of the house and there was no alternative to properly install the posts for the gates. The requested variance Is only for the length of fence including the gate to the NE corner post in the front. We would be grateful for your signature to show support for this adjustment and that you have no reservations or reasons to oppose this variance. Street Address Printed Name r a.7 3 0(5-,ex- -YAE'� 7/ Dew IIi41k, 41pilc�14- cz� *2 �A ID lrC ��%✓` �72 Signature EXHIBIT E1 Red = 6-foot High Fence Blue = 4-foot High Fence OPTION A: �I OPTION B: X>'XXXk KXxKKxxYNx APPLICANT'S REQUEST (Requires a variance) 1 � M ,rdr; L 29. 63 r4l X)CXXXXX>C)CXX XxX-M)c h7� N W