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HomeMy WebLinkAbout05-08-2024 BOA Agenda♦. BriefAnnouncements: Saturday, May 11 - Craft Club of Sebastian at Riverview Park —10am — 3pm Monday, May 13 — Indian River County Multi Agency Law Enforcement Wreath Laying Ceremony —Indian River Courthouse, 200016ih Avenue, Vero Beach —10: 00am Tuesday, May 14 - Riverview Park Master Plan Public Workshop in Council Chambers — 3pm & 6pm PUBLIC INPUT The heading on Regular Meeting agendas "Public Input"provides an opportunity for 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 ADJUSTMENT MEETING A. Approval of Minutes — February 14, 2024 Board of Adjustment Meeting Ouasi-Judicial Public Hearings: Mayor opens hearing Attorney reads variance request City Council Members disclose ex parte communication Applicant makes their presentation Staff presents their findings City Council asks questions of applicant or staff Mayor opens the floor for anyone in favor of the request Mayor opens the floor for anyone opposing the request Applicant provided the opportunity to respond to issues Staff provided opportunity to summarize request City Council deliberation Mayor calls for a motion B. VARIANCE REQUEST FROM BRIAN DAVIS, DAVIS VACATION RENTALS, LLC IN REGARDS TO THE PROPERTY LOCATED AT 1201 INDIAN RIVER DRIVE, CURRENTLY A MULTI -FAMILY AND RETAIL USE STRUCTURE, TO ALLOW CONSTRUCTION OF A STAIRWAY FROM AN EXISTING SECOND -STORY DECK REQUIRED FOR A MEANS OF EGRESS TO BE LOCATED THREE (3) FEET FROM THE FRONT PROPERTY LINE WHEREAS THE FRONT SETBACK REQUIREMENT FOR THE CWR ZONING DISTRICT IS TEN (10) FEET IN THE CWR ZONING DISTRICT'S DIMENSIONAL CRITERIA SECTION 54-2-5.5(d)(6) OF THE LAND DEVELOPMENT CODE (Transmittal, Report, Exhibits) SEBASTIAN CENTENNIAL CELEBRATION 1914.101C BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached February 14, 2024 Board of Adjustment minutes were approved at the May 8, 2024 Board of Adjustment meeting. Chairman Ed Dodd ATTEST: Jeanette Williams, City Clerk Regular City Council & BOA Meeting February 14, 2024 Page 2 Mayor Dodd read and presented the proclamation to Marie O'Brien and members of the Indian River County Learning Alliance. Sebastian River High School State Football Champ Coach William Franklin described how literacy directly impacts the success of the football team and the children. BriefAnnouncements: Friday, February 16 — Chamber of Commerce Concert in the Park — St. John's Wood — 5:30pm- 8:00pm Saturday, February 17 - Sebastian River Art Club at Riverview Park - IOam — 3pm Monday, February 19- In Observance of Presidents Day City Hall will be closed FDOT Workshop to develop viable alternatives to widen CR510 from 58 h Avenue to east of SR 5/US 1 from two to four lanes including sidewalks, bike lanes, and multi -use paths Virtual —February 27 at 6:OOpm httos:Ilbit.ly/cr510pde In Person — February 29 at 5:30pm in the IRC MPO Boardroom Mayor Dodd announced that Council Member McPartlan was appointed as the chairman of the Indian River County Metropolitan Planning Organization this morning. Vice Mayor Dixon announced the upcoming events. PUBLIC INPUT Richard Gillmor, Sebastian, thanked Council for their service noting they receive very little salary for what they do and maybe at the next Charter Review, their salaries could be increased. He also thanked the City Manager for the current park conditions. 8. Mayor Dodd recessed the City Council meeting and convened the Board of Adjustment — meeting at 6:19 p.m. A. MOTION by Mr. Jones and SECOND by Mr. Nunn to approve the minutes of the January 10, 2024 Board of Adjustment meeting were approved with a unanimous voice vote of 5-0. B. Variance Reauest 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) Bevond the Front House Line into the Front Yard Whereas the Code Reauires the Fence to be a Maximum of 4-feet High on the Property Located at 658 Badger Street (Transmittal. Staff Report. Exhibits A- E) The City Attorney read the title to Mr. and Mrs. Davis' request and swore in all who would be providing testimony. There were no ex parte communications to disclose. Regular City Council & BOA Meeting February 14, 2024 Page 3 Andrew Davis introduced himself and went over the photos in the agenda backup indicating the layout was carelessly planned by the original builder since the septic drain field was buried across the front plain of the house and there was no alternative option to properly install the posts for the gates. He requested approval of the variance. The Community Development Manager said the code allows a fence to be on the property line but designates when you must drop down from a 6 foot fence to a 4 foot fence and noted Mr. Davis did not have a say in the placement of the septic tank. She said staff did offer four options on page 42 and 43 that would allow Mr. Davis to maintain some privacy and staff was recommending option B or D. Mr. Nunn said this situation was exactly why there are variances, and he asked if they could avoid this in the future by making sure the septic drain field sits back behind the house. The Community Development Manager said staff has been finding there is quite a few of residents coming in on corner lots. She offered to change the fence code if the board felt there was a reasonable amount of tanks planned for the front of the house or they could adjust the septic tank code so that no part of the tank could be in front of the front house line. Mr. Nunn said option B made the most sense. Mr. Jones said this is a prime example of why they have variance requests; he favored item B. Chairman Dodd said the Health Department sets the position on the septic tanks so they should be careful of making a change to the drain field. MOTION by Mr. Nunn and SECOND by Vice Chair Dixon to approve variance option B. There was no public input. A unanimous voice vote of 5-0 was taken. 9. Chairman Dodd adjourned the Board of Adjustment meeting and reconvened the City — Council meeting at 6:38 p.m. 10. CONSENT AGENDA A. Approval of Minutes — January 24 2024 Work Session B. Approval of Minutes — January 24 2024 Regular City Council Meeting 24.028 C. Request for the Natural Resources Board to Sell Alcohol (Beer Only) at the Upcoming Earth Day Celebration in Riverview Park (Transmittal Proposal) 24.029 D. Approve Amendment #3 to ITB 23-15 for Citywide Swale Improvements in Conjunction with Roadway Repaving (Transmittal, ITB, Bid Sheet, Agreement) BOARD OF ADJUSTMENT AGENDA TRANSMITTAL Council Meeting Date: May 8, 2024 Agenda Item Title: Variance Request — Davis Vacation Rentals, LLC — 1201 Indian River Drive - Front Yard Setback Encroachment for a 2"d-Story Fire Exit Stairway Recommendation: Conduct a quasi-judicial public hearing to consider the variance request for a second -story stairway to encroach seven (7) feet into the front yard setback. Background: A variance application has been submitted from Mr. Brian Davis, property owner, for relief from Section 54-2-5.5(d)(6) of the Land Development Code to allow, on the east side of the building, construction of a stairway from an existing second -story deck. The stairway is required as another means of egress from the deck, and is proposed to be located three (3) feet from the front property line whereas the front setback requirement for CWR Zoning District is ten (10) feet. The existing historical building is approximately 7.98 feet from the front property line with second -story balconies already located 3 feet from the line. Initially, the applicant submitted a request to change the mixed use of the property from 4 multi -family apartments plus retail space to 6 boutique hotel/vacation rental units and same retail area. The second -story deck is accessible to the units, but in changing the use of the units from residential to commercial, the Florida Building Code now requires a second egress stairway for fire safety. Because of the existing non -conformities of the property, the historical nature of the building, and the location of the balconies, the property owner would like approval of the variance to construct the stairway in a location that would minimally change the aesthetics of the structure while meeting the requirements of the building code. 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 Renuires 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 D which includes application from the property owner Administrative Services Department Review: City Attorney Review: Z l , 1, Procurement Division Review, if applicable: NIA City Manager Authorization: //( /ems Date: .i�20Ity III"' M 4 SEBASTK HOME OF PELICAN ISIAND Community Development Variance Application - Staff Report 1. Project Name: Davis 2°4-Story Stairway Front Yard Setback Encroachment 2. Requested Action: A variance from Section 54-2-5.5(d)(6) to allow construction of a stairway from an existing second -story deck required for a means of egress to be located three (3) feet from the front property line whereas the front setback requirement for the CWR zoning district is ten (10) feet. (Exhibit A, Code section) 3. Project Location a. Address: 1201 Indian River Drive b. Legal: IRC Tax Parcel ID No. 31-39-06-00000-0050-00007.0 COMMMENCE AT NW COR OF GOV LOT 5, RUN SLY ALONG W BDRY 382.06 FT TO S R/W LINE OF MAIN ST; WHICH HAS 80 FT R/W; RUN N 83 DEG 25 MIN 31 SEC E 179 FT TO IRON PIPE AT SE COR OF NEW US #1 HWY & MAIN ST; RUN ALONG NE E R/W OF NEW US 41 HWY S 17 DEG 29 MIN 29 SEC E 395.90 FT TO AN IRON PIPE; N 73 DEG 08 MIN 31 SEC E 205.00 FT TO A CONCRETE MONUMENT FOR POB: RUN S 17 DEG 29 MIN 29 SEC E 120.00 FT TO CONCRETE MONUMENT ON N R/W LINE OF WASH PL; ALONG N R/W LINE OF WASH PL N 73 DEG 08 MIN 31 SEC E 66.70 FT TO CONCRETE MONUMENT AT COR OF WASH PL & OLD US #1 HWY; ALONG W R/W LINE OF OLD US #1 HWY N 25 DEG 29 MIN 29 SEC W 121.48 FT TO CONCRETE MONUMENT: RUN S 73 DEG 08 MIN 31 SEC W 49.70 FT TO POB AS R BK 55 PP 113 4. Project Owner: Davis Vacation Rentals, LLC Brian Davis 7200 84"' Avenue Vero Beach, Florida 32967 (772) 633-3431 5. Project Agent: N/A 6. Project Engineer: Todd N. Smith, P.E., Inc. 1717 Indian River Boulevard, Suite 302 Vero Beach, Florida 32963 (772) 559-3699 Project Description: a. Narrative and history of proposed action: Brian Davis, owner of the property located at 1201 Indian River Drive, is requesting a variance seeking an exception to LDC Section 54-2-5.5(d)(6) Minimum setbacks to allow an encroachment into the front yard 8. 9. setback to build a required stairway for use of an existing second -story deck. In the CWR zoning districts, if the front yard abuts a street with a sidewalk, curb and gutter design, the front setback is zero (0) feet, otherwise a ten (10) foot setback is required. Indian River Drive does not have a sidewalk, or curb & gutter in this area, nor on the west side of the street. Therefore, structures are required to be 10 feet from the front property line. The historical building has been non -complying with zoning district regulations since formal land development codes were adopted, and with formal construction of Indian River Drive. Currently, the building itself encroaches approx. 3 feet into the front yard setback, with existing second -floor balconies built 3 feet from the front property line (Exhibit BI B2, Aerials). The property owner has submitted an application requesting relief from the setback requirement, and has provided a written determination of variance criteria compliance (Exhibit CI-O), a copy of the proposed site plan, and the building elevations indicating the new stairway (Exhibit D1 D6, plans + variance application). b. Current Zoning: Current Land Use: C. Adjacent Properties: North: East: South: West: d. Site Characteristics RMU (Riverfront Mixed Use) CWR (Commercial Waterfront Residential) Zoning Current Land Future Land Use Use CWR vacant (Harbor RMU Lights property) CWR residence RMU CR CWR (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: Staff Comments: commercial - RMU Washington Plaza office RMU .16 acres, or 6,970 SF Multi -family + Retail County Water County Sewer 1) With the proposed change of use (multi -family units to hotel/vacation rentals), and the proposed use of the deck, the subject property will be in compliance with parking requirements. Board Criteria for Determining Variances: The applicant has provided sound determinations in verifying compliance with the required criteria found in LDC Section 54-1-2.5(c)(2), to which staff concurs. See attached Exhibit Cl-C3. This criterion was considered in determining staffs recommendation. E 10. Staff Recommendation: Staff recommends approval of the variance request for the property located at 1201 Indian River Drive, to allow construction of a stairway from an existing 2°d-story deck required for a means of egress to be located three (3) feet from the front property line. 11. Board Action: Conduct quasi-judicial hearing to consider the requested variance. Dom Bosworth, Manger/Planner 3 51—s4-zY Date EXH1131T A Sec. 54-2-5.5. Commercial Waterfront Residential District (CWR). (a) Intent. The purpose and intent of the CWR District is to provide a management framework for Implementing comprehensive plan objectives and policies for the Riverfront Mixed Use designation illustrated on the future land use map. All development in the Commercial Waterfront Residential District shall comply with the comprehensive plan, performance criteria in chapter III, as well as other applicable land development regulations. The CWR District is intended to preserve the existing character of the Riverfront area. The existing assets, including historical structures shall be protected, preserved and enhanced. The zoning district is intended to provide for a mixture of uses and a variety of opportunities for recreational, residential and commercial uses while protecting the environment. (d) Size and dimension criteria: (1) Maximum density: 8 units per acre. (2) Maximum FAR: 50%. (3) Maximum height: West of Indian River Drive: 35 feet. East of Indian River Drive: 25 feet. (4) Lot coverage: Maximum building coverage: 30%. Maximum impervious surface: 80%. Minimum open space: Nonresidential: 25%. Residential: 50%. (5) Lot dimensions: Minimum lot size:10,000 square feet. Minimum lot width: 80 feet. Minimum lot depth:125 feet. (6) Minimum setbacks: Front yard: Nonresidential, with sidewalk, curb and gutter: None required. Nonresidential, without sidewalk, curb and gutter: 30 feet. Residential: 25 feet. Side yard: Nonresidential: 5 feet, except 10 feet when abutting a residential district or use. Residential:15 feet plus one foot per each additional 2 feet in height above 25 feet. Rear yard: Nonresidential: 10 feet, except 30 feet when abutting a residential district or use. Residential: 20 feet. Minimum distance between residential structures on the same lot: 20 feet. +++++ EXHIE3IT C1 Descriution of Variance Reauest by Davis Vacation Rentals, LLC Date: 4-16-2024 Property Address: 1201 Indian River Dr., Sebatian, FL 32958 Legal Description: See site plan for Metes & Bounds description. Tax Description: Parcel ID: 39-31-06-00000-0050-00007.0 Purpose of Request: A 7 ft. variance to the 10 ft. front yard setback requirement on Sec. 54-2- 5.5(6) reducing the required setback to 3 ft. to allow for the construction of an exterior means of egress stairs from the existing deck over the existing north one story section of the building. Davis Vacation Rentals Criteria for Determination of Variance 2A. Existing special conditions and circumstances: The existing .16 acre lot is a non -conforming lot of less than 10,000 sf. The existing structure in question was originally constructed in 1942 and is historically significant to the community, due to the small number of these aged type of structures left within the City of Sebastian. The current front set back of the building is approximately 2.98 ft. omor) The existing building has a sun deck atop the existing one-story section on the north end of the building. The existing deck noted herein has only one set of exit stair on the north side of the building at the western edge. The owner is trying to improve the structure and is requesting to construct a second set of exterior exit stairs on the east frontage side of the building. The exterior stairs will be an open design. However, the stairs are proposed at a location on the front of the building at the northern edge where the current setback is 7.98 feet. A 7 ft. variance to the 10 ft. front yard setback requirement on Sec. 54-2-5.5(6) reducing the required setback to 3 ft. will allow for the construction of an exterior means of egress stairs from the existing deck over the existing north one story section of the building and be more in compliance with the current 8' Edition Florida Building Code and current NFPA life safety egress requirements. 2B. Existence of special conditions and circumstances do not result from the actions of the applicant: No action of the owners has caused this hardship. The structure was constructed in 1942 when the structure was built, prior to the adoption of building codes and land development codes by the City of Sebastian. The adoption of the City's Land Development Regulations adopted August 28, 1985 and the creation of the CWR Zoning District with its setbacks requirements created the non -conformities that exist on the parcel today. Indian River Dr. originally being a sub -standard gravel road, resulted in C2 the procuring of right of way in the past for Indian River Dr. improvements. Whereby, the right-of-way taken form the parcel impacted the size of the lot that the structure is on and more specifically impacting the amount of land for front yard setback. More recently, the addition of balconies on the front of the building in 1999, permitted by the City of Sebastian, were constructed with 3 ft. front yard setbacks on the east side of the structure. 2C. That granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of the ordinance to other lands, buildings or structures in the identical zoning classification: Given that the City has already allowed a reduced setback to 3 ft. for the construction of the balconies on the structure in question, the granting of this variance would not grant any special privilege to this property. Furthermore, we are unaware of any other structures within the CWR district that reduced setbacks need to construct egress exits. The request is only limited to providing a set of egress stairs and is not proposing any enclosed increase of square footage to the structure. 2D. That literal enforcement of the front yard setback and not considering the front setback that currently exist on the structure would deprive the applicant the ability to improve the structure to be more in conformance with current code and provide adequate egress exits from the existing deck on the structure and will constitute unnecessary and undue hardship on the applicant: The Board should be aware than the CWR zoning district does allow for a zero front setback with the construction of curb and gutter and sidewalk in front of the property. The applicant did and his engineer did meet with City Engineer and Planning Staff to discuss this item. The consensus at this time was the City has not determined the most efficient location for the sidewalk on the west side of Indian River Dr. at this general location and how it would align with future alignments of sidewalk for properties to the north. Since the City had previously allowed the 3 ft. setback for the balconies on this structure, it was determined that the most reasonable step forward for the exterior stair proposal was to request the variance herein. However, should the City of Sebastian engage in a sidewalk project that identifies the most efficient location of the sidewalk considering all the obstructions in the right-of-way, the owner does not object to participating in a sidewalk and curb and gutter on the west side of Indian River Dr. and pay his fair share. At which time, the structure would fully meet with CWR zoning frontage setback requirement. C3 2E. That the variance granted is the minimum variance that will make possible the reasonable use of the structure. The owner considers the use the 995 sf deck over the first floor section of the building to allow for residents of the building and people from the public to gather on the deck for recreational purposes to be a reasonable use for the structure. If the variance is granted improved exits from the deck will be installed and the owner will be able to reasonably use the deck for what is was intended. 2F. That the granting of the variance will be in harmony with the general intent of front setback requirement and that such approval of the variance request will not be injurious to the area involved or otherwise detrimental to the public welfare: This variance is in harmony with safety, appearance & welfare of the neighborhood. The owner has provided an east elevation of the front of the structure to demonstrate that the stairs will be open to minimize the overall mass of the stairs and will be constructed in wood compatible with the balconies and support columns that currently exist. The variance will have negligible impact to adjacent structures, since the property is a corner lot. The improvement would not be visible from the structure to the west of this structure on Washington St. and the applicant owns the structure directly to the north of this structure, which is on the same lot. The public benefits by the recreational use of the deck having two egress exits from the deck, complying with current Building Code Requirements. The reasonable use of the deck is compatible with the goals of the Commercial Waterfront Residential district; preserving the existing character of the Riverfront area. The existing assets, including historical structures shall be protected, preserved and enhanced. With this property and structure providing for a mixture of uses and a variety of opportunities for recreational, residential and commercial uses while protecting the environment. 2G. Conditions and safeguards may be imposed. The owner acknowledges that should the Board grant the variance, they may impose conditions and safeguards. 2H. Time limit may be imposed. The owner acknowledges that should the Board grant the variance, they may impose a time limit for the commencement and completion of the stair construction. 2I. No use variance permitted in special instances. The use of the structure is a permitted use for CWR zoning. No unpermitted use is being requested. Permit Application No. D5 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, K THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNERS) OF THE PROPERTY DESCeR�IBQE D� WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE 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. SIGNATURE DATE Sworn to and subscribed before me by �� who is personally known to me or produced '1 as identification, this _jam, day of Notary's Signature Printed Name of Notary IeSIu1a _lam Sm� Commission No./Expiration Seal: JOSHUASIMPSON Commission # HH 113157 Expires April 4, 2025 5a ed Tin Budget NMry Swices 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 ECEIVE BY.