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HomeMy WebLinkAbout08-28-2024 BOA Attachmentsins Is"De. vArkt4fjcs kpL.lc4T(O*,j For over three years, our family has been entangled in a dispute with the City over two metal roof add-ons I constructed. We are now appealing to the City to grant us a variance of twelve (12) square feet, allowing us to have one thousand twelve (1,012) square feet of covered space in an auxiliary structure.1We also seek an allowance for using differing construction materials (frame - stucco vs. metal). As the attached diagram shows, we will also plant 14 pampas grass (or similar, depending on availability) on the north side of the concrete apron. Asphalt millings border the remaining three sides. Following our hearing on April 16, 2024, with the Special Magistrate, he urged both parties to find a middle ground on this project in the hope of resolving this matter. Before constructing the add-ons, I sought guidance from the City of Sebastian to ascertain whether a permit would be necessary for an overhang bolted together. I was assured that a permit was not required as the structure was deemed removable (temporary). Trusting in the City employee's advice, I purchased the necessary materials to construct the two roof add-ons, as evidenced by the attached pictures. I believe this is a precise instance of a special circumstance, as I was acting in good faith based on the information provided by the City employee. The project was completed around November 2020, and an anonymous call was made to Code Enforcement in December 2020. It is worth noting that the City and State's Building Code does not clearly define a temporary structure. While it does define a permanent structure, it does not provide any guidance on what constitutes a temporary structure. Wayne Eseltine has testified that the add-ons are not temporary, but he has not been able to reference a specific definition of temporary or explain how our add- ons do not meet the criteria. Likewise, while the City may argue that I, the applicant, created the condition, it is my position that instead, the City created the condition by allowing their employees to render advice over the telephone. During our most recent hearing, the City admitted that the employee was reprimanded for their actions. It is only logical that a resident of the City would call to ask a question and rely on the information provided. If the employee was uncomfortable providing the information, required additional information, or needed to ask a supervisor or other employee how to answer the question, that should have been done rather than provide inaccurate information. My actions in constructing the add-ons were not done maliciously. Instead, they were added to improve my property and, in turn, the value of homes around me. Although I relied on the advice of the City employee in how I constructed my roof add-ons, I fully complied with any setback requirements and am not requesting any variance that may relate to a setback. Our home is a green stucco -frame home with a shingle roof, and the 500-square-foot auxiliary building is a white metal building with a metal roof. They do not match. However, we have spoken with and notified the City that we are willing to paint the auxiliary building to match the home's 'A survey, which was previously on file when the 500 sq ft building was built, has been supplied. A diagram, which is not to scale but contains more detailed measurements of the two roof additions, has also been included. ENGLERT AMENDED VARIANCE APPLICATION EXPLANATION 168 HARRIS DR., SEBASTIAN, FL 32958 color and replace the home's roof with a metal roof (when necessary, expected to be in the next year or so). This demonstrates our commitment to meeting the City's requirements and resolving this dispute. Our request is not for special treatment but rather a plea to maintain the two roof add-ons that have been in place without any issues for nearly three and one-half years. As homeowners, we have made a significant financial investment in these add-ons, which we believe have also contributed to the value of homes around us. The ongoing dispute with the City has only added to our out-of- pocket expenses. We are eager to resolve this matter and continue a positive relationship with the City. ENGLERT AMENDED VARIANCE APPLICATION EXPLANATION 168 HARRIS DR., SEBASTIAN, FL 32958 Rectangle Area = 256 Square Feet Show result in other units Length 1 128 11 inches O Width 1 288 11 inches O Quantity 11 Price (optional) $ 11 Per square feet Your Download is Ready f 161 Gmail RE: 168 Harris Drive, Sebastian Quote 1 message Jade Wright <JadeW@kmafl.com> To: Nicole Englert <nenglerl210@gmail.com> Cc: Leah Cortez <LeahC@kmafl.com> Nicole Englert <nenglert210@gmail.com> Tue, Jul 16, 2024 at 4:16 PM We have not surveyed your lot in over six years, so we don't know what has changed since then. Our surveyor won't sign off on a new survey including what you've recently added to the property unless our field crew verifies everything onsite. We have to reflect any changes (major or minor) that have been made to the property since 2018 when we last produced a survey of it. Thank you, Jade Wright KMA Engineering and Surveying, LLC 3001 Industrial Ave 2 Fort Pierce, Florida 34946 (772)569-5505 Ext.102 :am ENGINEERING 8 SURVEYING All project quotes are valid for one year; pricing is subject to change. From: Nicole Englert <nenglert210@gmail.com> Sent: Tuesday, July 16, 2024 4:12 PM To: Jade Wright <JadeW@kmafl.com> Cc: Leah Cortez <LeahC@kmafl.com> Subject: Re: 168 Harris Drive, Sebastian Quote So this is still $850 even though the only changes are the overhangs? On Tue, Jul 16, 2024 at 3:56 PM Jade Wright <JadeW@kmafl.com> wrote: An as -built survey is only done when we completed all the surveying tasks for the new construction (whatever that was on your property) from beginning to end, including the site plan. Because we didn't do a site plan or any other surveying tasks for you, we would complete what is the equivalent of an as -built survey. Our survey will reflect all current conditions at the property (everything above ground including anything new you've added). Thank you, Jade Wright KMA Engineering and Surveying, LLC 3001 Industrial Ave 2 Fort Pierce, Florida 34946 (772)569-5505 Ext.102 ,&M iTi A L ENGINEERING & SURVEYING All project quotes are valid for one year, pricing is subject to change. From: Nicole Englert <nenglert210@gmail.com> Sent: Tuesday, July 16, 2024 3:53 PM To: Leah Cortez <LeahC@kmafl.com> Cc: Jade Wright <JadeW@kmafl.com> Subject: Fwd: 168 Harris Drive, Sebastian Quote Dear Leah: My'husband has received your email and quote. I want to confirm that this quote ($850) is for an "as -built" survey and not a new survey. Thank you for your time. Nicole ----- Forwarded message ---- From: Chad Englert <csenglert@yahoo.com> Date: Tue, Jul 16, 2024 at 3:45 PM Subject: Fwd: 168 Harris Drive, Sebastian Quote To: Nicole <nenglert210@gma11.com> Sent from my Phone Begin forwarded message: From: Leah Cortez <LeahC@kmafl.com> Date: July 11, 2024 at 9:46:45AM EDT To: Chad Englert <csenglert@yahoo.com> Cc: Jade Wright <JadeW@kmafl.com> Subject: 168 Harris Drive, Sebastian Quote Good morning, Chad. Thank you for contacting us with your surveying needs. The price to complete an updated survey with new improvements to the property would be $850. We can have the field work set up for next week and the drafting and approval wrapped up for you around August 23rd. If you'd like to proceed, please feel free to respond to this email and I'll send over a work order to sign so we can add your project scheduled. Cordially, Leah Cortez leahc@kmafl.com Phone:772-569-5505 3001 Inds[rial Ave 2 Fort Pierce, FL 34946 ENGINEERING & SURVEYING Nicole Cotton Englert Nicole Cotton Englert 11/29/22, 10:01 AM Nicole M. Cotton, P.A. Mail - Re Application/Permit for 168 Hams Drive M Gmail Re Application/Permit for 168 Harris Drive 25 messages Nicole Cotton <nicole@cottonpa.com> Jonathan Kaplan <jonathan&kaplanlaw.com> at 10:Oi� To: Dom Bosworth <dbosworth@cityo%ebastian.org> Cc: "Mann@cityofsebastian.org" <Manon@cityofsebastian.org>, Jonathan Kaplan <jonathan@jkaplanlawcom>, Nicole Cotton <nicole@cottonpa.com> Thank you for taking the time to speak with me on Monday, June 20, 2022. After our conversation, I spoke with my clients, they are willing to enter a contract for a new metal roof for their home and have the barn painted he same color as the house. However, before they do so, they are looking for some assurance that this will satisfy the City. They do not want to find themselves with a new roof and later find themselves having to redo the awnings or have them removed because they are not in compliance. They are willing to commit and spend upwards of $20,000 (and very possibly more based on the current prices) if the City can assure them that this is sufficient. I believe that their willingness to move forward with a roof and painting shows good faith on their park I am hoping the City will consider this proposal and move forward with it. If the City is in agreement, my client will begin making arrangements. Thank you for your understanding. Jonathan R. Kaplan,Esq. Law Office of Jonathan R. Kaplan, LLC 123 Leather Leaf Drive Jupiter, Florida 33458 (561)310-7253 Jonathan@JKapienlaw.com Confidentiality Notice: This electronic mail transmission is intended for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender, which is protected by the attomey-client privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately by e-mail and delete the original message. Thank you for your cooperation. Manon@cityofsebastian.org <Manon@cityofsebastian.org> Fri, Jun 24, 2022 at 4:54 PM To: Jonathan Kaplan <jonathan@jkaplanlaw.com>, Dom Bosworth <dbosworth@cityofsebastian.org> Cc: Nicole Cotton <nicole@cottonpa.com> Thanks Jonathan https://mail.google.comtmaillulO17il —418c32f3f7&view=pt&search=all&permthid=thread-fk3A1736525318888069413&simpl=msg-f%3A1736525318... 1/21 11/29/22. 10:01 AM Nicole M. Cotton, PA. Mail - Re Application/Pennil for 168 Hams Drive Thank you, [Quoted text hidden] Dorri Bosworth <dbosworth@cityofsebastian.org> Wed, Jul 6, 2022 at 3:39 PM Cc: "Manon@cityofsebasban.org" <Manon@cityofsebastian.org>, Nicole Cotton <nioole@cottonpa.com>, Wayne Eseltine <weseltine@cityofsebastian.org> From: Dorri Bosworth Sent: Wednesday, July 6, 2022 3:18 PM To: 'Jonathan Kaplan' Subject: RE: Re Application/Permit for 168 Harris Drive We measure wall to wall, support column to support column, or wall to support column, which ever applies to the structure being built. Roof overhangs are not included in the measurement. The structure at 168 Harris would be garage wall to carport support column. "East canopy" and "West canopy" was how Ms. Cotton listed it on their permit applications. Hope this helps - D [Quoted text hidden] Jonathan Kaplan <jonathan@jkaplanlaw.com> Wed, Jul 6, 2022 at 4:13 PM To: Nicole Cotton <nicole@cottonpa.com> This is good and this should help From: Dom Bosworth <dbosworth@cityofsebastian.org> Sent: Wednesday, July 6, 2022 3:18 PM To: Jonathan Kaplan <jonathan@jkaplanlaw.com> Subject: RE: Re Application/Permit for 168 Hams Drive We measure wall to wall, support column to support column, or wall to support column, which ever applies to the structure being built. Roof overhangs are not included in the measurement. The structure at 168 Hams would be garage wall to carport support column. "East canopy" and "West canopy" was how Ms. Cotton listed it on their permit applications. Hope this helps - D httpsJ/mail.google.com/mail/W0/7ik--418c32f3f7&viev--pt8search=all&peanthid=thread-f%3A1736525318888069413&simpl=msg-f%3A1736525318... 7/21 PAUL BUTTON 121 Ogden Avenue Sebastian, FL 32958 Dear Sir or Madam: My name is Paul Button. I and my wife, Connie, and I own 121 Ogden Avenue, Sebastian, Florida 32958. My property is directly to the South of the Englert family's auxiliary structure (their side yard on the corner is on Ogden Avenue). My driveway is almost directly across from their South gate and comes from the area of their auxiliary structure. Mrs. Englert asked if we would be willing to sign a letter on their behalf, and we happily agreed. My wife and I were shocked that this was even an issue with the City. We have owned our home for twenty (20) years. We have known the Englert family since they moved in in 2010. We are a small neighborhood and often overlooked by the City. With that said, we are deeply grateful for the care that the Englert family takes of their home and their property. Their efforts not only serve to improve the value of our home and those around us but also make our neighborhood a better place to live. We are thankful for the improvements they have made, including the addition of the two awnings that appear to be at issue. We are in favor of any variance that they may be seeking. If there is anything else I can do to support the Englert family's variance request, please do not hesitate to contact me. I am more than willing to provide any additional information or support that may be needed. Sincerely, PAUL ON Cti �I� FAYE CAMPAGNA 163 Kildare Drive Sebastian, FL 32958 Dear Sir or Madam: I am Faye Campagna, and I own 163 Kildare Drive, Sebastian, Florida 32958. I have owned my home since 2013. The Englert family was already in their home when I moved in. The comer of my backyard butts up to the North side of the Englert family's backyard. I received the Public Notice from the City in the mail. I saw Mrs. Englert outside one afternoon and asked if there was anything I could do to assist them in their variance request. I offered to attend the meeting if needed. Mrs. Englert indicated that other neighbors had also provided support and said she would write letters from neighbors. I told her I would be more than happy to sign one. I am in favor of any variance they may be requesting. Their auxiliary building is much nicer than 99% of the structures that other citizens of our City erect. I do not have any issue with the building color not matching the color of their home or with the roof not being made of the same material. As I stated, my backyard butts up to their backyard. Because of this, I have had an opportunity to watch all of the work they have done. I am sure our neighbors will only benefit from their work because they drive up the value of their property and those around them. If I can further assist, please do not hesitate to contact me. ARNOLD "JOHNNY" HUGHES 170 Kildare Drive Sebastian, FL 32958 Dear Sir or Madam: My name is Johnny Hughes. I have owned my home at 170 Kildare Drive in Sebastian for over 20 years. I have been acquainted with the Englert family since they bought their home in 2010. I have observed the Englert family make significant improvements to their home and adjoining lot. Their auxiliary structure is a testament to their dedication and is something to be admired. The fact that it (or the overhangs) does not match the color of the home or the material is not a concern for me. What truly matters is the positive impact their improvements have on our neighborhood and the value of our homes. I am in favor of their request for variance, as it only serves to enhance our community. Over the years, I have witnessed the Englert family's dedication to enhancing their home and adjoining lot. Their auxiliary structure, a testament to their commitment, is a model for others. The fact that it (or the overhangs) does not match the color of the home or the material is inconsequential compared to the quality of their work. I fully support their variance request, as their improvements not only enhance their property but also contribute to the overall improvement of our neighborhood and the value of our homes. If there is anything else I can do to support the Englert family's variance request, please do not hesitate to contact me. I am more than willing to assist in any way I can. Sincerely, ARNOLD "JOHNNY" HUGHES MICHAEL JACOBI 167 Harris Drive Sebastian, FL 32958 Dear Sir or Madam: My name is Michael Jacobi. I am the owner of 167 Harris Drive, Sebastian, Florida 32958.1 live across the street from Chad and Nicole Englert who live at 168 Harris Drive. I have been aware that the Englert's are seeking a variance from the City as it relates to the two awnings that were erected by Mr. Englert. It has come to light that the City of Sebastian is seeking input from neighbors regarding this issue. As you may be aware, they live on a double lot and the structure is on their comer lot. My driveway is directly across from the gate that leads to their auxiliary structure. I have no issue whatsoever with the additional awnings that were erected by Mr. Englert. I am in favor of any variance that they may seeking. Like myself, they are only trying to add value to their property by improving it. The neighbors in our area should appreciate the efforts that they have put in to improve the value of their property and therefore those around them. If I can be of any further assistance, please do not hesitate to contact me. Sincerely, d MICHAEL JACOBI JEFFREY MCINTYRE 122 Ogden Avenue Sebastian, FL 32958 Dear Sir or Madam: My name is Jeff McIntyre. I, along with my wife, Mary, own 122 Ogden Avenue, Sebastian, Florida 32958. We have owned our home since 2008. For the fast several years we did not live in the home as we resided in Colorado. We moved to Florida approximately six years ago and briefly lived in the home until we purchased another one. We currently rent the home to tenants who have been there for over five years. Our home is directly to the East of the Englert family's auxiliary structure. I have received and reviewed the Public Notice that was mailed by the City. I understand that they are requesting a variance for essentially the combination of the building and awnings that they have placed alongside the structure. I am in favor of them receiving the variance. Their structure and the awnings are not an eye soar and only help to provide a benefit to their property, my property and those who are around us. If I can be of any further assistance, please do not hesitate to contact me. Sincerely, JEFFREY MCINTYRE MICHAEL MIRANDA 165 Kildare Drive Sebastian, FL 32958 Dear Sir or Madam: My name is Michael Miranda. I and my wife, Linda, own 165 Kildare Drive, Sebastian, Florida 32958. My property butts up to the North side of the property owned by Chad and Nicole Englert, who live at 168 Harris Drive. I have owned my property since 1985 and have been neighbors with the Englert family since they purchased their home in 2010. Since 2010, they have done an amazing job improving their property both inside and out. I know that sometime after they purchased the home, they could also buy the corner lot adjoined to their home. Since then, they have fenced it, planted over 100 palms around the property, and built an auxiliary structure and awnings. I received the City Public Notice in the mail and called Mrs. Englert to see if there was anything my wife and I could do to support them. Since we do not attend public meetings or participate in politics, I invited Mrs. Englert to draft a letter for our signature. I understand that the Englerts are seeking a variance from the City regarding the two awnings Mr. Englert erected. It has come to light that the City of Sebastian is seeking input from neighbors regarding this issue. Not only do I not have a problem with the built awnings, but I feel that they add to the aesthetic of the auxiliary structure. It is not just a building stuck in the middle of the lot. Their daughter keeps her bicycles and outdoor toys in the building. I also see that the awnings allow their daughter and her friends to play under them to have shade in our Florida heat. Mr. and Mrs. Englert are only trying to improve their property, which enhances the value of our property and those around us. I appreciate the work, time, and money that Mr. and Mrs. Englert have expended to add to the value of our neighborhood. If I can further assist, please do not hesitate to contact me. Sincerely, H1 () Avtl-�-4 MICHAEL MIRANDA SHAWN PETERSON 168 Kildare Drive Sebastian, FL 32958 Dear Sir or Madam: My name is Shawn Peterson. My wife, Sharon, and I own 168 Kildare Drive, Sebastian, Florida, 32958. We have owned our home since 2006 and have been friendly with the Englert family since they purchased their home in 2010. My wife and I received the Public Notice from the City concerning the variance the Englert family requested. We were happy to help the Englert family when they asked if we would sign a letter on their behalf. They have kept us apprised over the past 3+ years of the issues they have had with the City and the lengths they have had to go to based on an anonymous complaint. Frankly, I am surprised that the city has spent so much money on this issue rather than using it for other efforts, such as paving the roads in what seems to be our forgotten neighborhood. My wife and I offered to come to the meeting, but Mrs. Englert offered to write a letter on our behalf for our signature so as not to trouble us. My wife takes our dog for a walk multiple times a day and always walks past the Englerts' home. We are thankful for the improvements they have made to the house since they purchased it. Not only have they redone the interior, but they have also improved the exterior by building an auxiliary structure and two awnings alongside the structure. The Englert family's efforts have enhanced the value of properties around them. They have not simply erected flimsy canopies, as is often seen in our neighborhood. Instead, they have invested time and money in a high -quality structure that will withstand the elements, unlike the many damaged canopies littering our neighbors' yards. Simply stated, we are in favor of any variance that they are seeking to obtain. If I can further assist, please do not hesitate to contact me. Sincerely, SHAWN PETERSONN ROGER & KATHLEEN WOOD 159 Kildare Drive Sebastian, FL 32958 Dear Sir or Madam: As the owners of 159 Kildare Drive in Sebastian, we have enjoyed calling the Englert family our neighbors for over seven years. Our relationship has grown through our daily dog walks, and we have come to appreciate their dedication to their home and our community. We received the public notice from the city regarding their request for a variance. We contacted the Englert family to offer our support for their request. We have closely observed the Englert family's ongoing enhancements to their property over the years. In particular, their improvements to the adjoining lot have been noteworthy. They have erected an impressive auxiliary structure and have installed two awnings for shade. The mismatch in color and material between the new building and their home is of no concern to us. We strongly prefer their approach of investing in quality structures over the prevalent use of cheap canopies in Sebastian, which end up flying away during the first thunderstorm. The Englert family's meticulous care for their property has not only enhanced their own home but also uplifted the properties around them. We are grateful for their investment of time and resources in these improvements, and we fully support their request for a variance. Please do not hesitate to contact us if we can further assist you. Sincerely, �� % % OVN WOOD