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HomeMy WebLinkAbout08-28-2024 BOA AgendaD. Consideration of Resolution No. R-2448 for the Community Development Block Grant Citizen Participation Plan and conduct a Public Hearing 1. Staff Report 2. Resolution R-2448 3. DRAFT City of Sebastian Citizen Participation Plan 11. BOARD OF ADJUSTMENT HEARING A. Draft July 10, 2024 BOA Minutes 1. Staff Report 2. Draft July 10, 2024 BOA Minutes B. Board of Adjustment Variance Request - Englert/Cotton - 168 Hams Drive - Accessory Structure Size, Setback & Easement Encroachment, and Aesthetics 1. Agenda Transmittal 2. Staff Report.pdf 3. Board Criteria for Determining Variances.doc 4. Aerial & Street Views.pdf 5. Exhibits.pdf C. Variance Request - Equity Trust Company/Jeffrey & Tyler Kuehl - 1690 Indian River Drive - Side and Rear Setbacks - CWR Zoning District 1. Agenda Transmittal 2. Staff Report.pdf 3. Board Criteria for Determining Variances.doc 4. Exhibits.pdf D. Variance Request - Holiday Builders, Inc. - 631 Mulberry Street - Side Yard Setback Encroachment - RS-10 Zoning District 1. Agenda Transmittal Continued to 9-1 1-2024 2. Staff Report.pdf 3. Board Criteria for Determining Variances.doc 4. Aerial.pdf 5. Exhibits.pdf 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Discussion regarding the placement and design of the America 250 monument at the Veteran's Memorial in Riverview Park. 1. Staff Report Continued to 9-11-2024 2. America 250 Monument Presentation 3. Proposed America 250 Location B. Consideration of Amendment Three to the Agreement between the City of Sebastian and International Golf Maintenance to extend the agreement and increase the annual contract amount to $714,800 and authorize the City Manager to execute all appropriate documentation. 1. Staff Report CITY OF SEBASTIAN CITY COUNCIL AGENDA TRANSMITTAL SEBASTIAN CENTENNIAL CELEBRATION 1924 - 2024 EXECUTIVE SUMMARY DATE August 28, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Jeanette Williams, City Clerk SUBJECT Draft July 10, 2024 BOA Minutes RECOMMENDATION Request changes if necessary. Approve minutes. ATTACHMENTS: 1. 1. Draft July 10, 2024 BOA Minutes FUNDING SOURCE NIA i ,min SEBASTIAN CENTENNIAL CELEBRATION 1914• 1014 BOARD OF ADJUSTMENT 1225 Main Street, Sebastian, FL 32958 The attached July 10, 2024 Board of Adjustment minutes were approved at the August 28, 2024 Board of Adjustment meeting. Chairman Ed Dodd F.Vu- .I`�YW Jeanette Williams, City Clerk Regular City Council & BOA Minutes July 10, 2024 Page 2 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS 24.133 A. Proclamation — Treasure Coast Waterway Cleanup Week — July 20 -28. 2024 — Accented by Justin Beard. Executive Director of MIATC and Felicia Gordian, Environmental Technician and Members of the Natural Resources Board Mayor Dodd read the proclamation. The Environmental Technician invited the public to join the cleanup scheduled for July 271h. 24.134 B. Proclamation — Parks and Recreation Month — July 2024 — Accented by Parks and Recreation Director Richard Blankenshin and Members of the Parks and Recreation Board Mayor Dodd read and presented the proclamation to members of the Parks and Recreation Advisory Board. BriefAnnouncements: Friday, July 19 — City Council Budget Workshop in Council Chambers — 9am Friday, July 19 — Sebastian Police Department School Supply Drive — 9am to 3pm — Drop off location at Walmart, 2001 U.S. Hwy I Council Member Jones read the upcoming events. 7. PUBLIC INPUT —None Mayor Dodd recessed the City Council meeting and convened the Board of Adjustment _ meeting at 6:16 p.m. A. MOTION by Mr. Nunn and SECOND by Mr. McPartlan to approve the May 8, 2024, Board of Adjustment minutes passed with a unanimous voice vote of 5-0. 24.135 B Variance Reauest — Enelert/Cotton —168 Harris Drive — Accessory Structure Size and Aesthetic (Transmittal) This item will be continued until the August 28 Board of Adjustment meeting. 9. Chairman Dodd adjourned the Board of Adjustment meeting and reconvened the City — Council meeting at 6:17 p.m. All members were present. 10. CONSENT AGENDA A. Approval of Minutes — June 12, 2024 Regular Meeting CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELEBRATION 1924 - 2024 CITY COUNCIL AGENDA TRANSMITTAL DATE August 28, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Dorri Bosworth, Planning Manager SUBJECT Board of Adjustment Variance Request - Englert/Cotton - 168 Harris Drive - Accessory Structure Size, Setback & Easement Encroachment, and Aesthetics EXECUTIVE SUMMARY This application is before the Board of Adjustment in order to consider Applicants' variance requests to allow an accessory structure to exceed the maximum size, encroach into a required side yard setback and utility & drainage easement, and to have non -matching fagade materials, roof materials, and roof pitch than the primary residence as required in section 54-2-7.5 Accessory Structures of the Land Development Code. At this time, the Applicants have made application for a variance from the above referenced requirements contained in the City of Sebastian Code of Ordinances, as set out in the attached Staff review for a structure built on their property. A Staff review of the structure has determined that the structure would not meet the code requirements, so the Applicants are seeking variances from same. Variance determinations are made via review of the specific criteria as found in the City of Sebastian Code of Ordinances Section 54-1-2.5(c)(2). In accordance with Section 54-1-2.5, Staff has provided a report detailing the variance request, applicable exhibits, and the criteria established for determining variances, to assist with the Board's consideration. At this time, Staff has reviewed the Application and does not find that it meets the criteria found in the Code of Ordinances. RECOMMENDATION Board of Adjustment to conduct a quasi-judicial public hearing in order to consider the Applicants' variance requests to allow an accessory structure to exceed the maximum size, encroach into a required side yard setback and utility & drainage easement, and to have non -matching fagade materials, roof materials, and roof pitch than the primary residence. ATTACHMENTS: 1. 1. Staff Report.pdf 2. 2. Board Criteria for Determining Variances.doc 3. 3. Aerial & Street Views.pdf 4. 4. Exhibits.pdf FUNDING SOURCE N/A CROF SEBASTLA HOME OF PELICAN ISLAND Community Development Variance Application - Staff Report 1. Project Name: 168 Harris Drive — Carport Additions 2. Requested Action: A variance is being requested from Section 54-2-7.5(c)(6) & 54-2- 7.5(c)(7) of the Sebastian Land Development Code to allow construction of an accessory structure to exceed the 1,000 SF maximum allowable area by a total of 50 SF, and to allow an accessory structure 751 SF to 1,000 SF to be of a different architectural design from the primary residence with regards to facade and materials, colors and trim, and roofing materials & pitch, whereas the code requires an accessory structure of that size to be the same as the residence. 3. Project Location a. Address: 168 Harris Drive Sebastian, Florida b. Legal: IRC Tax Parcel ID No. 31-39-18-00003-5640-00013.0 Lots 13 & 14, Block 564, Sebastian Highlands Subdivision Unit 16 4. Project Owner: Chadwick Englert & Nicole Cotton 168 Harris Drive Sebastian, Florida 32958 (561) 596-0821 5. Project Agent: Homeowners 6. Surveyor (2019): William E. Hayhurst, PSM #44163 Hayhurst Land Surveying Inc. 445 9 h Street SW, Unit #7 Vero Beach, Florida 32962 (772)569-6680 7. Project Description: a. Narrative of proposed action: The requested variance is for a structure that was constructed in two stages. The homeowners applied for, and were issued a building permit for a 500 SF detached metal garage in 2019. The size was below the threshold required by the accessory structure code (501 SF) that required it to match the primary residence (See Exhibit Al-A2, Accessory structure code, yellow). In 2020, metal carport additions were attached on both sides of the detached garage without building permits being applied for, or approved. Code Enforcement issued a Notice of Violation, and the matter has been ongoing before the Special Magistrate since. In 2021, it was opined by the City Attorney and City Manager that because the overall size of the detached garage with the carport additions was now over 751 SF, the structure needed to match the architectural requirements found in the accessory structure code (See Exhibit S, Opinion email sent to homeowner). At the recent April 16, 2024 meeting, daily fines were being discussed for the continuing violation, and the Special Magistrate directed the homeowners to apply for a variance within 10 days so that the building permit matter could be resolved. In order for a building permit to be able to be issued for the garage and carport structure to remain as it currently exists pertaining to zoning; compliance. multiple variances are required: 1) Size, if the structure exceeds 1,000 SF (See Exhibit Al, blue); 2) Setback and easement encroachment, if the east carport addition is determined to be wider than 10 feet (See Exhibit Al, green); and 3) Architectural compliance for the items that are not of the same design as the primary residence, i.e. stucco vs. metal wall material, non -matching colors, and asphalt shingles vs. metal roof material (See Exhibit A2, yellow). The city received the homeowner's variance application packet on April 26, 2024 (See Exhibit Cl-C16, Application, written justification, survey, garage plot plan, photos). After review, and from processing the items submitted with the initial submittal, staff offers the following: • Size: To calculate the actual square -footage that the structure exceeds over the maximum 1,000 SF, staff had various conflicting documents and submitted information to use for determination: a) From incomplete 2022 building permit applications submitted by the homeowners, each canopy is described as 300 SF in size (See Exhibit DI-D2, Applications); b) From photos taken by Code Enforcement that were used at the Special Magistrate hearings, and photos submitted by the homeowners with their application, verification that the carport additions extend the length of the garage from end to end i.e. 25 feet (not including the overhang), and are the exact width of the concrete apron around the garage structure (See Exhibit El-E3 and Exhibit C10-C13, photos); c) To determine the exact width of the concrete apron, staff had three inconsistent documents for verification: ➢ 2019 building permit application submitted by the homeowners for the 500 SF garage that indicated a 12' concrete apron surrounding the garage on all sides (See Exhibit F, Application) (12ft X 25 ft = 300 SF on both sides, corroborating #a above) ➢ Survey section that was submitted with the 2019 garage application showing proposed improvements that indicated a 10' apron on the east side of the garage (See Exhibit G, survey). All other sides scale to 12 feet; 2 ➢ Survey with hand -drawn dimensions and plot plan submitted by the homeowners with the variance application that state both 11 feet and 10%11" as the width of the east side apron (See Exhibit C7-C8, survey and plot plan). Because staff cannot conclusively determine the width of the east side apron, which is essential in order to calculate the size of the carport additions and in determining how much the structure exceeds the allowable amount, and because the 2019 survey was proposed and not final, we requested an As -built survey from the homeowner. The homeowners stated because of the cost, they were not going to provide an As -built. Staff offered to reach out to the surveyor to provide details on the small area that was needed for the survey, but the owners declined. To date, an As -built survey has not been submitted and staff cannot accurately determine the size of the carport additions. • Setback & Easement Encroachment: The double lot parcel is considered a corner lot, with the east property line requiring a 10'side yard setback for structures, as per the RS-10 zoning regulations. If the east side apron was constructed as per the 2019 proposed survey and is actually 10 feet in width, no setback or easement encroachment variance is needed. If the east side apron was constructed as per the homeowner's intention to pour a 12' apron around the garage, or as the homeowner indicates on the survey & plot plan that the apron is 11 ' in width, to which above referenced photos verify that the carport addition goes to the edge of the apron, then the addition is encroaching into the required setback and the 10' Public Utility & Drainage Easement. Both a setback variance and an abandonment of easement would be needed to allow the carport addition to remain in its existing location, and to allow the applicant to apply for a building permit. An As -built survey would help verify if any setback and easement encroachments exist as it would certify the exact location and size of the carport additions. To date, an As -built survey has not been submitted and staff cannot accurately determine, if any, the amount of encroachment the east carport addition includes. • Architectural Compliance: As the garage and carport additions exist today, the following are in non-compliance with the architectural requirements for accessory structures over 751 SF in size (See Exhibit A2, yellow): ➢ The finish materials of the accessory structure do not match the primary structure — Metal vs. Stucco ➢ The color of the accessory structure does not match the color of the house ➢ The roof materials of the accessory structure do not match the roof materials of the house — Metal vs. Asphalt Shingles ➢ The required landscaping for accessory structures over 751 SF in size has not been provided 3 In their written justification letter submitted with the application, the homeowners have committed to the following in addressing the non - compliances: ➢ Paint the detached garage to match the color of the house ➢ No change to the garage finish materials ➢ Replace the house roof materials in the future to metal roofing to match the accessory structure ➢ Plant 14 Pampas Grasses on the north side of the structure Planting and painting the garage to match the house will bring these two requirements into compliance. However, the Board of Adjustment shall consider if the two remaining requests (wall finish and roof materials) meet the criteria to grant a variance. As the structure's roof material is a large part of its visibility to surrounding properties, staff feels the roof materials of the garage and carport additions should be required to match the house. 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 (1) Total Acreage: RS-10 RS-10 RS-10 RS-10 (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: 8. Additional Staff Comments: Current Land Use residence residence residence residence Future Land Use LDR LDR LDR LDR .47 acres, or 20,473 SF Single-family residence Public water Public Sewer Variance approval does not allow immediate issuance of a building permit. A permit application and fee are still necessary, along with required documentation of structural compliance with the Florida Building Code. If the structure is also found to be encroaching into the adjacent 10' Public Drainage & Utility Easement, additional applications may be needed. t,I 9. Board Criteria for Determining Variances: See attached analysis. 10. Staff Recommendation: In consideration of 1) staff s opinion that the request does not meet the required Board criteria; and 2) that minimum variances regarding size, and setback & easement encroachments cannot be determined because of an incomplete application, i.e. missing a requested and necessary As - built survey, staff recommends that the variance(s) are not granted. 11. Board Action: Conduct quasi-judicial hearing to consider the requested variance. W. tine, Bui ding Official + D. Bosworth, Mgr/Planner $1r41a�{ Date ' 5 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 ❑ No V There is nothing peculiar about the land or building, or any special circumstances regarding the land or building that would not be applicable to other properties or buildings in the same zoning district b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes ❑ No The applicant constructed two metal carport type structures that are bolted and screwed together and which are approximately 12ft x 25ft (300 sf) each, on either side of the detached garage. The applicant claims they contacted the building department by phone prior to construction. Limited information was provided by the applicant to give the appearance that the structures were deminimis and temporary. Building department staff is well aware that metal structures of this size and nature requires a building permit. Applicant claims they relied on the information provided and did not obtain the necessary building permit or engineered plans for these roof structures. C. Special privileges 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 V The overall structure consisting of a detached garage and two metal carport type structures exceeds the maximum allowable accessory structure size of 1000 square feet. Building permits are required by the Florida Building Code for metal carport type roof structures. If a variance is granted, a special privilege for a structure encroaching a side yard setback, and not first obtaining a building permit for construction, would be conferred to the on homeowners. Previous requests for size and architectural relief by other property owners have been denied. d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Meets Standard Yes ❑ No The applicant installed these two metal carport type structures without a building permit or engineered plans. The detached garage is not designed to carry the additional intended loads on each side and the roof framing and roof metal is subject to high wind loads. Had the applicant provided accurate information, and/or applied for building permits, staff could have guided them through the process for obtaining a building permit and be in compliance with all applicable code requirements. 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 ❑ No Because of conflicting documentation, staff cannot determine the minimum variances needed for the size and setback violations without the review of a certified As -built survey of the existing structure. Although requested, the applicants have not submitted the necessary document. 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 V The granting of the variance itself would not be injurious to the area involved or be detrimental to the public welfare, provided the applicant applies for a building permit, provides engineered plans and completes all inspections to ensure the structures will meet all wind loads and building code requirements. Otherwise, these structures as they are right now, pose a threat to the surrounding area, especially from a hurricane or wind event, and are detrimental to property, safety and welfare. 7 2. Conditions and safeguards may be imposed. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 F.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. Meets Standard Yes ❑ No V The granting of the variance must be conditional upon the applicant's commitment to apply for a building permit and provide engineered plans that are adequate in detail to satisfy the building code wind load provisions and any other additional city code requirements. All inspections must be completed and closed. However, at this time, until the requested documentation is provided, variances cannot be determined, including specific recommended conditions of approvals and safeguards. h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. Meets Standard Not applicable at this time Yes ❑ No ❑ i. No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. Meets Standard Yes � No ❑ The request is not a use -related variance. Exhibit Al Sec. 54-2-7.5. Accessory structures. (a) Presence of principal building required. No accessory structure shall be constructed or placed upon a lot until the construction of a principal structure has been started and no accessory structure shall be used unless the principal structure has received a certificate of occupancy. Furthermore, no detached accessory structure shall extend beyond the front building line of the principal structure that is located on the same real estate parcel or lot. Special regulations governing rear yards. Detached structures, such as utility sheds and other structures accessory to a primary dwelling within a residential zoning district may encroach into a required rear yard, provided that any such structure maintain a minimum distance of ten feet from the rear property line and not be located within a dedicated easement. With the exception of structures that consist solely of screening and beams and supports for the screening material, no such structure shall exceed 400 square feet in lot coverage and shall not exceed 12 feet in height. Structures that consist solely of screening and beams and supports for the screening material, such as screen enclosures for swimming pool areas, shall not exceed 25 feet in height. (2) Corner lots. Accessory structures may not be located in the secondary front yard of an improved corner lot unless the corner lot is joined in unity of title within an interior lot that contains the principle structure. However, said accessory structures shall not be located closer than 25 feet from the secondary front property line in the RS-10 zoning district, and in all other zoning districts shall meet required front yard setbacks. (c) General regulations of accessory buildings: (1) No mobile home, travel trailer, tent or similar structure, truck trailer or any portion thereof, or motor vehicle shall be permitted as an accessory structure. (2) No accessory structure shall be constructed or maintained without a building permit being issued by the city's building official expressly designating the type of the accessory structure (example: garage, shed, pump house). (3) The building official shall not issue a building permit if the accessory structure does not comply with all other provisions of the land development code, comprehensive plan or the Code of Ordinances of the City of Sebastian. (4) No accessory structure shall be constructed or maintained if the height thereof exceeds the height of the principal structure that is located on the same real estate parcel or lot. (5) Attached or detached quonset-type or style accessory structures, usually defined as any self-supporting structure, typically in an "arch" or curved shape with no interior posts, trusses or support beams of any kind and with the exterior sheeting forming the building, are prohibited. Attached garages, which are part of the original principal building design, will not be included in the cumulative total of accessory building area. Accessory structures, which consist solely of screening and beams and supports for the screening material (such as screen enclosures for swimming pool areas) will not be included in the cumulative total of accessory building area. (Supp. No. 22) Created: 2024-07-02 11:18:45 [EST] Page 1 of 2 A2 (7) Any attached or detached accessory building over 500 square feet in area, any attached or detached carport and/or breezeway over 500 square feet in area, must be reviewed and approved by the planning and zoning commission utilizing the following criteria: a. Accessory structures may not be constructed or maintained from corrugated metal or corrugated metal -looking products. b. The roof of the accessory building must have a minimum pitch of 3:12. C. Accessory structures 501 square feet to 750 square feet in size shall be compatible with the overall general architectural design of the primary residence, including facade and materials, colors and trim, roofing materials and pitch. d. Accessory structures 751 square feet to 1,000 square feet in size shall be of the same architectural design of the primary residence, including facade and materials, colors and trim, and roofing materials and pitch. Foundation plantings shall be required on all sides of the accessory structure excluding entranceways and doorways. Said requirements are as follows: One shrub for every three lineal feet, 24 inches in height at planting. (Ord. No. 0-02-19, § 1, 12-11-2002) (Supp. No. 22) Created: 2024-07-02 11:18:45 [E5T] Page 2 of 2 Exhibit B Dorri Bosworth From: Dorri Bosworth Sent: Thursday, July 1, 2021 3:53 PM To: 'Nicole Cotton` Cc: Manny Anon; Wayne Eseltine Subject: RE: 168 Harris Drive Hi Nicole — At a staff meeting this week that included the city manager, we discussed the question that came from our previous meeting last week with W. Eseltine: Because of its size, the 500 SF detached garage did not have to be reviewed by the PZ Commission, nor meet the requirements of having to match the residential structure in color and materials. With the addition of the two carports on either side of the garage, which then increased the structure to 1000 SF, did those requirements now have to be complied with? It was determined that yes, the entire 1000 SF structure would need to meet the match requirements and those listed in Section 54-2-7.5(c)(7). However, a request for relief from the code could be done through submittal of a variance application, which would then be processed and considered by the Board of Adjustment (.City Council acting as BOA). The BOA process and criteria that they have to consider to make their determination can be found in Section 54-1-2.5. Please let us know how you wish to proceed, and if we can further assist. Regards, Dorri Bosworth, Manager/Planner Community Development Department City of Sebastian 1225 Main Street, Sebastian, Florida 32958 (772) 589-5518 (772) 388-8248 fax dbosworth@cityofse bastian . org From: Nicole Cotton [mailto:nicole@cottonpa.com] Sent: Monday, June 28, 2021 10:32 AM To: Dorri Bosworth Subject: 168 Harris Drive CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Dorri: My apologies but I forgot to send you my cell number last week after our meeting. It is 561.307.2183. I look forward to hearing from you. Sincerely, Nicole Exhibit C1 .T,l Permit Application No. SMPMTuW City of Sebastian Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Name: I Address: l% 9 hl* L15 ZIP— Jw-V A-S (r.4*J, )7- Phone Number: ( ) - FAX Number: ( ) Scol -9� •d821 3'8`t-06s�"o�c E-Mail: C sue. �%G �14 ! � yt�� o • C.t) +%'l �c1 tc a c.� @ ��Trnxl' P/q' . COIx- Owner (If different from applicant) 6 (a1 - 307 - D I V 3 Name: Address: Phone Number: ( ) - FAX Number: ( ) - E-Mail: Title of permit or action requested: 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 8-112" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): B. Site Information Address:I(D?) IWJJS Da-. , � Si'iAr-j iZ• �Z� Lot: Block: Unit. Subdivision: -I vs"14 5taL l LP S�I(3>,ABTt +h 6►I4t_ A.)0 S Indian River County Parcel #: 139 1$DOCO35(,p`{cXx�O �3 Zoning C�Tassification: Future Lan Use: Existing Use: Proposed U 0 c IAt-- ,-�f � G S I (>C`-1JT1 P C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessarv): S Alr—tt � Piro$ C�v c o (z� ROO Aoc- 01is. DATE RECEIVED:%/-t- FEE PAID: $2dV.rRi RECEIVED BY:�S 5(a(ay Permit Application No. D. Project Personnel: Agent: Name: IAddress IPhone Number: ( ) - FAX Number: IE-Mail: Attorney: I Name: IAddress IPhone Number: ( ) - FAX Number: IE-Mail: Engineer: Name: Address Phone Number: ( ) - FAX Number: IE-Mail: I Surveyor: I Name: Address 4qS 9t!� S-r Sw , 0 0. IT � Phone Number: ( ) - FAX Number: ( ) - E-Mail: 4A-1 q XJ -r LS C Lt \%F— . Cb/V%— BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: �C I AM THE OWNER _ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE/BEST OF MY KNOWLEDGE AND BELIEF. SIGNATq§t DATE SW�RN TO AND SUBSCRIBED BEFORE ME BY &Itealk3U(i"2i 111NH11�1�1//b/ WHO IS PERSONALLY KNOVILIJ TO ME OR PRODUCED \`����HYM. BDS� ��/�j AS IDENTIFICATION, THIS DAY OF AnPQ.1L 202.�(_. `��0�•' M► ON c '•D�Q �' NOTARY'S SIGNATURE Z PRINTED NAME OF NOTARY *t - S@,KIMf -_ * • 3 �1 COMMISSION No./EXPIRATION z ••y %O •°i b' SEAL: i 9 ��A°dded �� �ar_ &4c Uod4 C �� Permit Application No. C3 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, _L THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE �i�� 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 PROS DE, ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL F THE CITY OF SEBASTIAN. SIGNATU E WE Sworn to and subscribed before me by C%\4,A W t cif- EACtj er }- who is personalty known to me or produced rLo r"O t Oc jl t�r-s L i cenS e. as identification, this ,XP day of Notary's Signature Printed Name of Notary _1e3L.aa S,r..ap3 at1 Commission No./Expiration 4-4- 0-10� Seal: JOSHUASIMPSON OSVAYP4, Commission # HH 113187 H XIMero,40 Expires AprU 4, 2026 Bonded ihiuBudget Notery®orvlgoo 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. //,7 -2 y ACKNOWLEDGMENT DAh E C4 Permit Application No. NDA4 OF pEUi �%tslkND Supplemental Information Application to the Board of Adjustment 1. This application is for a (check one): ✓ variance(s) appeal(s) 2. Specify all code provisions for which a variance is being requested or the decision or decisions that you are appealing. (Attach extra sheets if necessary): ✓3. Legal description of the property involved: Ldr!S+-Iy ,C3c.uc.tt. $loq OPIT Ao l&zatsik 31311?60003V^Ll0006r3. 0 ,%Sa4sr1,O,J A4AA*doS %/ 4. Attach the following: ✓ a. Boundary survey of the property executed by a Florida Registered Surveyor. The survey shall show the dimensions of the lot or parcel at issue, the location of all structures, if any, along with adjacent streets, and all easements and right-of-ways. Jf4CAO�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 parcel of land that is subject of the application. CUT-1 +14+30 LjcS C5 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.' We 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 perniit 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 lA 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 C6 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. E r..ti fir. s.'a MAY Q 2 2024 ENGLERT AMENDED VARIANCE APPLICATION EXPLANATION 168 HAIRIS DR., SEBASTIAN, FL 32958 Exhibit D1 i 1 1 HOME OF PELICAN ISLAND BUILDING DEPARTMENT FIRE PREVENTION OFFICE 1225 MAIN STREET • SEBASTIAN. FLORIDA 32956 TELEPHONES (772) 589-5537 FAX (772) S89-?S66 PERMIT APPLICATION ALL OF THE FOLLOWING MUST BE FILLED IN BY APPLICANT, ACCORDING TO FS 713.135 - D E: • 28 M PERMIT 4- INDIAN RIVER COUNTY PARCEL 1D # � `F/ B O+C7�0.3�(�DbUd /,�• Y: LOTf BLOCKp5r_SUBDIVISION:_ FLOOD ZONE: _ TYPE OF WORK: �)NEW STRUCTURE ADDITION QALTERATION REPAIR []DEMOLITION HER N IORK INCLUDES: DTRUCTUKAL [JELECTRICAL aLUMBING E]MECHANICAL ®ROOFING - SLOPE:_ FIRE SYSTEM POOL ❑ ALUMINUM STRUCTURE SHED ® FENCE 0 SLAB OR DECK HER WORK DESCRIPTION: - sr 64wDPL/- - ESTIMATED JOB VALUE: $-_ "_ TOTAL S!F��:':UER AIR ._ JOB NAME: JOB ADDRESS: / i Zk- - _____ SUITEIUNIT NO. _ _- PROPERTl')VI�E 'SNAMIE:4� ADDRESS: • '�- CITY/STATE: _ ZIP CODE -_ IZYYf CONTACT E-MAIL ADDRESS: CONTRACTOR BUSINESS NAME:^_ _ LICENSE#: ADDRESS: _ CONTACT PHONE: CITYISTATE: _ ZIP CODE CONTACT E-MAIL ADDRESS: ARCHITECT/ENGINEER:_ _ PHONE: - ADDRESS: - - -- --- - - - - CITY/STATE: _ _ _ _ ZIP CODE: CONTACT E-MAIL ADDRESS:_ 1 PRESENT US00 - - PROPOSED USECJ i --. - OCCUPANT LOAD: 5� NUMBER OF: E]STOR.IES QRAYS ]UNITS QBEDROOMS EIGHT v I N:� GROUP OCCUPANCY: AREA TYPE OF CONSTRUCTION- __,_,_.__ IS THE BUILDING PRESENTLY EQUIPPED MOTH AN AUTOMATIC FIRE SPRINKLER SYSTEM? [DYES � BONDING COMPANY: -- - _ ADDRESS:��- MORTGAGE BOLDER: - _ - _ _ADDRESS: _ D2 1 c¢�� HOME OF PELICAN ISLAND BUILDING DEPARTMENT FIRE PREVENTION OFFICE 1225 MAIN STREET • SEBASTIAN. FLORIDA 32956 TELEPHONE- (772) 589-5537 FAX (772) 569 2566 PERMIT APPLICATION ALL OF THE FOLLOWING MUST BE FILLED IN BY APPLICANT, ACCORDING TO_FS-7.13.135 n PERMITS I�►�� _ TE:�� Z8'ZOZ�, INDIAN RIVER COUNTY PARCEL 1D# 3l39100DC>b3.S pV000013 • 0 RECEIVED BY: LOT8+1 BLOCK:_ SUBDIVISION: FLOOD ZONE: __ TYPE OF WORK: QN£W STRUCTURE []ADDITION []ALTERATION ® REPAIR EJDEMOLITION)K OTHER WORK INCLUDES: []STRUCTURAL ELECTRICAL []PLUMBING []MECHANICAL []ROOFING - SLOPE: [] FIRE- SYSTEM[] POOL® ALUMINUM STRUCTURE E) SHED[] FENCE [] SLAB OR DECK OTHER WORK DESCRIPTION: Af r=m- -To-w F—;+cx / exo4IT tcv, fTOTAL ESTIMATED JOB VALUE: SS/F CO UNDER AIR JOB NAME: JOB ADDRESS: Z)X • _ _ i SUITE/UNIT NO. PROPERTY OWNER'S NAME:�l 3.�-�tXVr P-Ali &lraP 4ONE:5(el... 59 t„ •d S2..1 ADDRESS:ba-46QS Nt • __ _ _ CITY/STATE: J$� - - -- - _ ZIP CODE I Out - CONTACT E-MAIL ADDRESS:. yao • coot.• CONTRACTOR BUSINESS NAME: _ LICENSE #: ADDRESS:_ CONTACT PHONE: CITY/STATE: ZIP CODE_ _ CONTACT E-MAIL ADDRESS: ARCHITECT/ENGINEER: PHONE: ADDRESS: _E: _- --- CITY/STATy ZIP CODE: CONTACT E-MAIL ADDRESS:_ PRESENT USE: S�C _ _ PROPOSED USE: i�iK JV� _ OCCUPANT LOAD: NUMBER OF: []STORIES ®BAYS QL/NITS ❑BEDROOMS IV AHEIGHT.__ TYPE OF CONSTRUCTION: — GROUP OCCUPANCY: _-- AREA IS THE BUILDING PRESENTLY EQUIPPED WITH AN AUTOMATIC FIRE SPRINKLER SYSTEM? ®)'ES 10 r BONDING COMPANY: _ _ _ _ _ ----ADDRESS-. _"_ MORTGAGE HOLDER: ADDRESS: CITY OF SEBASTIAN SEBASTIAN CENTENNIAL CELEBRATION 1924 - 2024 CITY COUNCIL AGENDA TRANSMITTAL DATE August 28, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Dorri Bosworth, Planning Manager SUBJECT Variance Request - Equity Trust Company/Jeffrey & Tyler Kuehl - 1690 Indian River Drive - Side and Rear Setbacks - CWR Zoning District EXECUTIVE SUMMARY The CWR zoning district is a mixed -used district located mainly within the Riverfront area, and which has established different setback requirements for residential and commercial uses. The properly owners purchased the lot in 2023 and have designed a plan for a residence they wish to build. They feel the residential setback requirements are restrictive for the small lot, and are requesting relief from the 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. At this time, Staff does not find that the request meets all applicable criteria for granting the variance; however does have alternative suggestions in the event that the Council finds otherwise. RECOMMENDATION Conduct a quasi-judicial public hearing to consider a variance request to allow a proposed single-family residence to encroach into the required 15-foot side yard and 20-foot rear setbacks ATTACHMENTS: 1. 1. Staff Report.pdf 2. 2. Board Criteria for Determining Variances.doc 3. 3. Exhibits.pdf FUNDING SOURCE (Expenditure Required: Amount Budgeted: ISource: IN/A N/A I N/A Additional Funding Requested: $0.00 CUM SEBASTL AN HOME OF PELICAN ISLAND Community Development Variance Application - Staff Report 1. Project Name: Kuehl Setback Variance 2. Requested Action: A variance is being requested from Section 54-2-5.5(d)(6) of the Sebastian Land Development Code to allow a proposed single-family residence to be constructed in the CWR (Commercial Waterfront Residential) zoning district at a minimum 7.6 feet from the side property lines, whereas the code requires a residential structure to be 15 feet from the side property lines; and to be 13.4 feet from the rear property line in the Southeast portion of the proposed residence, whereas the code requires the structure to be 20 feet from the rear property line. 3. Project Location a. Address: 1690 Indian River Drive Sebastian, Florida b. Legal: IRC Tax Parcel ID No. 30-39-31-00001-0000-00004.3 Commencing at the Southwest corner of Indian River Drive (formerly Old Dixie Highway) and 9' Street as established in the City of Sebastian, Florida, run North 58°38'02" East a distance of 66.33 feet to the Point of Beginning of the herein described parcel; thence run North 58°44'00" East a distance of 121.67 feet to the Mean High Water Line of the Indian River. Thence run Southeasterly along said Mean High Water Line to a point on a line parallel to and 50 feet Southeasterly from the Northerly line of the property herein described; thence run South 58'53'06" West a distance of 117.94 feet; thence run North 23°47'00" West a distance of 50 feet to the Point of the Beginning. 4. Project Owner: Equity Trust Company, Custodian FBO Jeffrey Kuehl IRA; and Tyler Kuehl 623 Northlake Boulevard North Palm Beach, Florida 33408 (561) 301-4102 5. Project Agent: Rick Lefebure Ethos Custom Construction, Inc. 7075 415t Street Vero Beach, Florida 32967 (772)473-1783 6. 7 Surveyor: William E. Hayhurst, PSM #4416 KMA Engineering & Surveying, LLC 3001 Industrial Avenue 2 Fort Pierce, Florida 34946 (772)569-6680 Project Description: a. Narrative of proposed action: The CWR zoning district is a mixed -used district located mainly within the Riverfront area, and which has established different setback requirements for residential and commercial uses (See Exhibit A1-2: CWR setback requirements). The subject property is a legal, non -complying lot with regards to size, width, and length as it was deeded by metes and bounds in 1927, prior to any formal zoning regulations adopted by the city (See Exhibit B1- 3: Aerial and street view photos). However, the non -conformities do not render the lot unbuildable, with development on the parcel still possible. b. C. In 2014, a site plan for a Bed & Breakfast operation at. this location was denied by the Planning & Zoning Commission based partly on their consideration of the commercial activities proposed for such a small parcel of land, and difficulties with the parking design. It was stated that the parcel appeared to be more accommodating to residential development than commercial. The property owners purchased the lot in 2023 and have designed a plan for a residence they wish to build. They feel the residential setback requirements are restrictive for the small lot, and are requesting relief from the code (See Exhibit C1-10: Survey w/ layout, building elevations & floor plan, written request and justification, application). Current Zoning: CWR (Commercial Waterfront Residential) Current Land Use: RMU (Riverfront Mixed Use) Adjacent Properties: Zoning Current Land Future Land Use Use North: CWR vacant RMU East: Indian River Lagoon South: CWR Dock parcel for RMU Davis Inn West: CWR Vacation Rental RMU 2 d. Site Characteristics (1) Total Acreage: .14 acres, or 6,015 SF (2) Current Land Use(s): Vacant (3) Water Service: Public water (4) Sanitary Sewer Service: Public Sewer 8. Staffs Additional Comments: Per the Land Development Code, a project that comprises of one or two dwelling units located east of Indian River Drive requires an Administrative site plan approval, which is prepared by a civil engineer. This step will allow review of the proposed residence's compliance with landscaping, stormwater, and FEMA regulations. If the variance request is granted, the approval does not necessarily guarantee that the proposed residence can be constructed as per the presented plan, as other jurisdictional regulations must also be met. 9. Board Criteria for Determining Variances: See attached analysis. 10. Staff Recommendation: If the variance is -,,ranted, staff recommends the following two conditions of approval: a) The variance shall not extend to future successors and assigns of the property, but is granted solely to the current property owner and the specific proposed design; and b) The variance shall expire two years from the date of approval if construction of the residence has not yet begun. 11. Board Action: Conduct a quasi-judicial hearing to consider the requested variance. N Dorri Bosworth, Manager/Planner Community Development Department ,9 l y J a4 Date 3 BOARD CRITERIA FOR DETERMINING VARIANCES Section 54-1-2.5(c)(2) 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 ❑ The parcel is non -complying with regards to lot size in accordance with current zoning regulations. However, it is a legal non -conformity as it was deeded by metes & bounds and built on in 1927, and was in existence before the CWR regulations were adopted. This does not necessarily make the smaller width and length of the lot a "special condition or circumstance" as there are similar parcels also located within the riverfront area with these conditions. However, the Board may determine that the residential setbacks established by the CWR zoning district may be creating a circumstance whereby a very specific, and/or creative design, must be developed for the non- complying, smaller parcels in the district in order for construction to occur. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes ❑ No V The building design and layout is desired by the applicant. A two-story, narrower structure may have been able to be designed to meet the zoning district's setback requirements. However, the applicant is not wishing to have a second story in order to eliminate climbing stairs. C. Special privileges 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 V Other residences recently constructed within the CWR zoning district on Indian River Drive on similar smaller or narrower lots have met setback requirements. Ll d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Meets Standard Yes ❑ No V A proposed two-story residence to be constructed on a similarly -sized parcel with the same dimensions and CWR zoning designation, located at 1720 Indian River Drive, has been designed meeting all setback and height requirements. Compliance with the setback requirements can be achieved via an alternative design, therefore not depriving this parcel of residential development. 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 � No ❑ If the variance is granted, the requested side yard setback of 7.6 feet, and the requested rear yard setback of 13.4 feet for the Southeast portion of the house would be the minimum needed for construction of the applicant's proposed residence. f. Not incurious 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 ❑ Although the intent of the residential setbacks is to provide visual and open spaces between houses along the riverfront, properties adjacent to the subject parcel are currently vacant. Commercial setbacks for the CWR zoning district allow structures to be 5 feet from the property line. If the variance is granted, staff opines the setback reduction will not be injurious or detrimental to 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 � No ❑ If the variance request is granted, staff recommends a condition of approval such that the variance does not carry to future successors and assigns of the property, but is granted solely to this applicant and specific proposed design. h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. Meets Standard Yes � No ❑ If granted, staff recommends that the variance expires two years from the date of approval if construction of the residence has not yet begun. i. No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. Meets Standard Yes V No ❑ The request is not a use -related variance as residential structures are allowed in the CWR zoning district. on BOARD CRITERIA FOR DETERMINING VARIANCES Section 54-1-2.5(c)(2) 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 ❑ The parcel is non -complying with regards to lot size in accordance with current zoning regulations. However, it is a legal non -conformity as it was deeded by metes & bounds and built on in 1927, and was in existence before the CWR regulations were adopted. This does not necessarily make the smaller width and length of the lot a "special condition or circumstance" as there are similar parcels also located within the riverfront area with these conditions. However, the Board may determine that the residential setbacks established by the CWR zoning district may be creating a circumstance whereby a very specific, and/or creative design, must be developed for the non- complying, smaller parcels in the district in order for construction to occur. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes ❑ No V The building design and layout is desired by the applicant. A two-story, narrower structure may have been able to be designed to meet the zoning district's setback requirements. However, the applicant is not wishing to have a second story in order to eliminate climbing stairs. C. Special privileges 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 V Other residences recently constructed within the CWR zoning district on Indian River Drive on similar smaller or narrower lots have met setback requirements. Ll d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Meets Standard Yes ❑ No V A proposed two-story residence to be constructed on a similarly -sized parcel with the same dimensions and CWR zoning designation, located at 1720 Indian River Drive, has been designed meeting all setback and height requirements. Compliance with the setback requirements can be achieved via an alternative design, therefore not depriving this parcel of residential development. 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 � No ❑ If the variance is granted, the requested side yard setback of 7.6 feet, and the requested rear yard setback of 13.4 feet for the Southeast portion of the house would be the minimum needed for construction of the applicant's proposed residence. f. Not incurious 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 ❑ Although the intent of the residential setbacks is to provide visual and open spaces between houses along the riverfront, properties adjacent to the subject parcel are currently vacant. Commercial setbacks for the CWR zoning district allow structures to be 5 feet from the property line. If the variance is granted, staff opines the setback reduction will not be injurious or detrimental to 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 � No ❑ If the variance request is granted, staff recommends a condition of approval such that the variance does not carry to future successors and assigns of the property, but is granted solely to this applicant and specific proposed design. h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. Meets Standard Yes � No ❑ If granted, staff recommends that the variance expires two years from the date of approval if construction of the residence has not yet begun. i. No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. Meets Standard Yes V No ❑ The request is not a use -related variance as residential structures are allowed in the CWR zoning district. on Exhibit A Sec. 54-2-5.5. Commercial Waterfront Residential District (CWR). (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: 10 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. (7) Minimum living area: Single-family dwellings: The minimum floor area required, exclusive of porches, terraces, attached garages, carport or unroofed areas, shall be 1,200 square feet. Duplex: 750 square feet per unit. Multiple family dwellings: Al Required Minimum Living Area in Multiple Family Dwellings Type Dwelling/# Bedrooms Required # of Square Feet Efficiencies 600 One bedroom units 700 Two bedroom units 850 Three bedroom units 1,000 Each additional bedroom after three bedrooms 100 sq. ft. per additional bedroom (8) Required accessory structures: Every single-family and duplex dwelling unit shall be required to provide a garage or carport. If a carport or similar unenclosed structure is provided then each unit within the principal structure shall contain a fully enclosed utility storage area of at least 60 square feet which shall be designed as an integral part of the principal structure. If a fully enclosed garage is provided, then no utility structure shall be mandated. The garage or carport shall have a minimum interior clear dimension of ten feet by 20 feet. (Ord. No. 0-12-10, § 3, 10-10-2012) April 22, 2024 Board of Adjustment 1225 Main St Sebastian, FL 32958 RE: Jeffrey Kuehl Property at 1690 Indian River Dr Sebastian, FL 32958 To Whom it May Concern: C3 ETHMS CUSTOM CCNSTRVCTION. INC. I am writing on behalf of the owners of parcel 30393100001000000004.3 located at 1690 Indian River Drive in support of their application for a variance on a side setback. This parcel, zoned commercial -waterfront -residential, is a non- conforming lot measuring 50' wide and approximately 117' deep. Zoning CWR requires side setbacks of 15' for residential and 5' for commercial. My client wishes to build a single-family, single -story residence, therefore the required zoning places the residential side setbacks to be 15' on each side. The request for a variance on the side setbacks is due to the limiting factors of the required 15' side setback. A standard 80' lot in the City allows for a 50' wide single family home. In PUD, the lot width can be 50' and the side setback requirement is allowed at 5'. This allows single family homes in PUD areas to be 40' wide, allowing a more curb appealing design. If the current zoning on this property is followed, it will create a residential structure that will be less than 20' wide. Another limiting factor is the property is not square, but skewed, further lessening the 50' width. We are applying for a variance for side setbacks to be proposed as follows: The NE corner 8.2' NW corner 7.8' SE corner 7.6, and the SW corner 7.8'. These measurements would take the place of the required setback of 15' for residential zoning and allow for a 34' wide home, what we feel is the minimum necessary for the basic core elements of a single-family home. Following the required 15' setbacks would pose a hardship, as it would not accommodate the basic core element of a single car garage, and would greatly take away from the curb appeal that Indian River Drive is known for. If our variance request is not granted, the client would have to design and build a structure less than 20' wide. This limitation would mean that the height would increase to the allowable 30' and would block the view from the road and necessitate a second story for my elderly client. Thank you for taking the time to review this application for a variance that will allow for the building of a home that is up to the quality and standards that have come to be expected in this picturesque part of the city and add to the beauty of Indian River Drive. I look forward to applying my expertise and experience to enhance the frontage on Indian River Drive. Respectfully Submitted, Ricl6efebure Ethos Custom Construction, Inc. 772-473-1783 Rick@Ethoscustomconstruction.com CBC 1264862 Attachments: Application, Proposed building plan, Proposed site plan, Deed, Owner authorization letter, Equity Trust Letter, Letter dated 4/22/2024 from Jeff and Tyler Keuhl (owners) A C4 E August 9, 2024 Board of Adjustment 1225 Main Street Sebastian, FI 32958 Re: Jeffrey Kuehl Property at 1690 Indian River Dr. Sebastian, FL 32958 To Whom it May Concern: Please use this letter as an addendum to our application to also request a rear setback variance for the Southeast Rear Property corner of the proposed house. The Required setback for the rear property is 20'. The submitted survey currently shows 13.4' from the corner of the home to the rear mean high water line. The variance requested will be for the difference of 6.6. Respectfully Submitted, Rick Lefebure Ethos Custom Construction, Inc. 772473-1783 Rick@,Ethoscustomconstruction.com CBC1264862 C5 April 22, 2024 To: City of Sebastian Board of Adjustment From: Jeffrey Kuehl Property Owner of Parcel ID 30393200001000000004.3 Location: 1690 radian River Dr. within Tax District: 2A Sebastian RE: Jeffrey Kuehl Variance Request/Application for 1690 Indian River Dr Zoning: CWR Commercial Waterfront Residential Dear Board of Adjustment, Please review the following merits for your professional consideration and understanding for our requested, needed "Hardship" Variance. 1 have just purchased the Parcel of Land at 1690 Indian River Dr. (see exhibit 1 survey from KMA Engineering and Surveying). Our site plan indicates the parcel is 6,015 square feet. My son Tyler and I are proposing a setback variance on each boundary side of: NW side setback of 7.8ft, NE setback of 8.2ft, SW setback of 7.8ft, and SE setback of 7.6ft (herein referred to as the proposed setback) for a 1 story residential home - versus a busy two story commercial structure or two story residential structure. Our planned homes dimensions are 34 ft. wide by 54 ft deep, single story, single family, CBS Home. This will accommodate a 1-car enclosed garage for the making or a very "clean" property. The total square footage is 1,804sq. ft. (1,378 Sq. ft. under A/C) on a 6,015 sq. foot lot and is slightly less than the 30% residential building coverage requirement noted in the Development section. We are well over the 50% open space requirement, which is much better than the noted 25% minimum open space for the nonresidential / commercial building requirements. We feel a very nicely appointed one story home at the end of this commercial strip will soften the traffic, lessen the congestion and help safety. Our plans will help with the quiet enjoyment of this growing "strip" area. We also feel this meets and exceeds Sec. 54-2-5.5 a) of the Commercial Waterfront Residential Districts outline which says: "preserve the existing character of the Riverfront area" "while protecting the environment." C6 A single story structure will please those in the rear or west to view the waterfront and surrounding landscape, rather than a multi -story commercial or residential building that would obstruct views of the intercoastal. Addressing (5) within this section 54-2-5.5 Commercial Waterfront Residential District: (CWR) ... shows why this side boundary setback variance is needed for this "hardship "parcel. Our "hardship" parcel does not have the luxury of SO ft. Lot Width and 10,000 square footages as shown in the Development Code and regulation table to build a more common and desirable single-family house. The PUD land development code allows lots to be 50 feet wide and they are granted 5 foot setbacks. Our hardship variance for the proposed setbacks are only asking for the minimum required to meet city requirements and aesthetically pleasing building elevations.. Though commercial CWR is only 5 ft. side setback, we feel residential is a better mix at our end of Indian River Drive. We feel the City of Sebastian needs our proposed side setback variance (which would be allowed if this were a commercial building) for this "Enhancement" project of ours. The commercial hustle and bustle has grown throughout the years. It continues to grow with the large project just south of our parcel with pilings into the water, parking overflow, and other new projects supporting the commercial properties in the area. This needed quiet enjoyment will soften all of the existing, approved "overflow" to the south on Indian River Dr. and help with congestion and safety issues well into the future. Additionally, we believe our neighbors on each side of our parcel to the north and south will be happy not having a 2 story commercial or residential structure next to them. Instead, they have this quietly set, very tasteful, small residential home. Also, please note, the two neighbors' parcels are huge compared to ours (See Exhibit 5) so our setback variance request, will be a nice fit into this mix of CWR Zoning. We are hopeful the Board of Adjustment will grant our Variance request. Once approved, we will start the improvement process and go through all the expenses of submitting hard copy engineered and architectural plans for permitting. This will not be a temporary vacation rental for out of town visitors, rather it will be my homestead allowing me to move to and live full time in the City of Sebastian. We C7 will be fulfilling all of the requirements for living in this great city of Sebastian, Florida. Now to address your Adjustments Boards Sec. 54-1-2.5 We have read your Section that governs ... paying close attention to: (b.) (2) Criteria for determining variances ... especially: a. An error exists not knowing there was 50 foot wide parcels when establishing 15 foot side setbacks for the standard 80 foot wide parcels which would give a residential structure up to a 50 foot wide home versus a 20 foot wide residence. (3) (c) (2) a. Yes ... existence of both special condition and circumstances. b. Jeff Kuehl did not create this unforeseen condition or circumstance. c. No ... as it is in our opinion to have a tasteful, low density land usage residential home, with 5 foot side setbacks then commercial usage. d. Yes, Hardship Conditions exist for 1690 Indian River Dr.... A sub -standard size lot and the need to enjoy what Commercial Structures receive for development. Our residence will be more pleasing to the eye with excellent curb appeal to an already busy area. e. ... Yes, after great thought the Architect and Structural Engineers have labored with what we have proposed as "reasonable." Our 1 story low lying, quaint residential structure is more pleasing than a 2-story high Residential or Commercial Structure. Our needed variance WILL make the proposed residential home "reasonable" and most "'common sense" use of this parcel of land. f. Granting our needed side variances will definitely enhance public welfare and safety. Please advise when you wish to meet for our Variance request. We have our survey and proposed homes layout placed on the survey for your Board members review and approval. Our Sincere Thank You for the Boards Understanding and Wisdom concerning our "hardship" parcel. Sincerely, Jeff and Tyler Kuehl Cell 561-301-4102 jell@sstins.net Applicants for Variance Adjustments 1690 Indian River Dr. Sebastian, FL �C� C9 S� HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET i SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ff www.cityofsebasfan.org Ill:�'I�:I,U ilal' kI; IjF'I.IC':1 ❑ Accessory Structure Reviewed by P\Z ❑ Conditional Use Permit (Commercial) ❑ Administrative Variance (Fence or septic System) ❑ Conditional Use Permit (Model Homes) ❑ Easement (Abandonment) ❑ Board of Adjustment (Appeal) ❑ Special Use Permit\Special Exception ` l�Board of Adjustment (variance) Project Name: ICUE}I�s�ac� Total Site Area: �' p 15 Acres\* 1 }- Parcel ID: 30 3q 31 060() / 00C)D rOn AddressofSite: 9fl �NDcFl,J iv bely6 SMAS-riawl CJ_. 32957 Proposed Use: �� Land Use: Zoning: C W P Applicant Name:�vsa t4D f-VE*4L E-rHD, CU,TCAk (pkrt2Lx.TkUpa) Address: 10 23 I`6L1-t Lery F �Lv 6 Telephone: 5G 9 -3 o l, ,4 i c, 2 Noc.r►� PRu�, �� �i,. 33 `�b8 Email: �'eff @ s5 -� i nS _ ne♦ r�f cow Applicant (If not owner, written authorization (notarized) from owner is required) / 1 Owner: L Address: i Telephone: Email: Date Received: d 5' Fee Paid: IPda • 00 Received by: FORM D C10 Surveyor: I_ M A 'GNC, wet 2L N c, 1 N c, Address: 3001 lalbu'iza.'1,-c. AvE - 2 ��0-T t�i ta..c� �t-oe 10'� 3'}9'1L Telephone: 772 - 15t q -SSo5 Email: Su�ve,� c �n� a�I . co�� Engineer. .-Z A--. AaO W e� l Address: Telephone: Email: Pre - Application Meeting Date: DESCRIPTION OF PROPOSED PROJECT: l� N 5'r� ✓ GTI O.J bG IVC a-+ St v 4 �. L` �R w. L c...� � o �.., tF SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with, whether specified herein or not. The granting of approval does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. r_�, A A I a-4 Print name Siinatgrf Date ' Notarv: STATE OF: COUNTY: I hereby certify that on Tt 4W_, ! / Ste`' _ . 2014 personally appeared who is �! ersonally own o . me or has produced identification. Type of identification prod . [SEAL] N to Public D NA M. BRADLEY 1VIy Commission Ex - �N� Notar Public -State of Florida l,uuumu+'��• _ 1337544 =' My Comm. Expires 12-04-2026 Bonded Through , •���"'�"`��,` Western surety Company FORM D CITY OF SEBASTIAN CITY COUNCIL AGENDA TRANSMITTAL '�► DATE August 28, 2024 TO Honorable Mayor and City Council THRU Brian Benton, City Manager FROM Dorri Bosworth, Planning Manager SEBASTIAN SUBJECT Variance Request - Holiday Builders, Inc. - 631 Mulberry CENTENNIAL CELEBRATION Street - Side Yard Setback Encroachment - RS-10 Zoning 1924 - 2024 District EXECUTIVE SUMMARY Holiday Builders is requesting a variance for a single-family residence that has finished construction but was recently discovered to have been built too close to the Northern side property line because of a surveyor error. Although the initial survey and subsequent "formboard" survey were both reviewed by staff and found to be in compliance with setback requirements, a surveyor calibration error was found by the surveying company as the final survey was being prepared. The error has been acknowledged by the builder, and as an effort to not have to relocate the house, relief is being sought to allow the structure to remain 5.8 feet from the side property line instead of the required ten. Because of the mistake, the septic system will also need to be relocated. 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. At this time, Staff does not find that the request meets all applicable criteria for granting the variance; however does have alternative suggestions in the event that the Council finds otherwise. RECOMMENDATION Conduct a quasi-judicial public hearing to consider a variance request for a new single-family residence built 5.8 feet from the side property line instead of the minimum 10 feet required by the RS-10 zoning district. ATTACHMENTS: 1. 1. Staff Report.pdf 2. 2. Board Criteria for Determining Variances.doc 3. 3. Aerial.pdf 4. 4. Exhibits.pdf FUNDING SOURCE (Expenditure Required: IN/A Amount Budgeted: /A Additional Funding Requested: $0.00 (Source: [N/A CROF 5EBAsTi!NV HOME OF PELICAN ISLAND Community Development Variance Application - Staff Report 1. Project Name: 631 Mulberry Street — Holiday Builders, Inc. 2. Requested Action: A variance is being requested from Section 54-2-5.2.3(d)(5) of the Sebastian Land Development Code to allow a portion of a newly constructed single- family residence to remain at 5.8 feet from the northern side property line, whereas the code requires the structure to be 10 feet from the side property line. 3. Project Location 4. 5. 6. a. Address: 631 Mulberry Street Sebastian, Florida b. Legal: IRC Tax Parcel ID No. 31-3 8-11-00001-1250-00006.0 Lot 6, Block 125, Sebastian Highlands Subdivision Unit 4 Project Owner: Holiday Builders, Inc. 2293 Eau Gallie Boulevard Melbourne, Florida 32935 (321) 610-5922 Project Agent: Jeffrey Travis Holiday Builders, Inc. Surveyor: Adolphine Keith-Lazowick, PLS 94105 Keith & Associates, Inc. 301 E. Atlantic Boulevard Pompano Beach, Florida 33060 (954) 788-3400 7. Project Description: a. Narrative of proposed action: The City's procedures for new homes involves several submittals of surveys throughout construction. With the initial building permit application, a survey is required that indicates the proposed placement of the house along with drainage and septic information. The survey is reviewed for setback & size compliance, grading & drainage, flood zone compliance, and b. C. septic location. Before concrete is poured for the slab, a "formboard" survey is required as an additional check that the house will be located as per the approved survey. The third and last survey required before issuance of the Certificate of Occupancy is the "final" survey which provides information on the house, final grading, and impervious areas including driveways and sidewalks. Holiday Builders submitted a building permit application to construct a single- family residence at 631 Mulberry Street on 2/9/24. After review of the "proposed" survey and verifying all required setbacks were met, the Zoning Technician approved the survey on 2/23/24 (See Exhibit A, proposed survey). The proposed side yard setback from the Northern property line was indicated at 11.5 feet, in compliance with the RS-10 zoning requirement of a minimum 10 feet. When the "formboard" survey was submitted in April, the Chief Building Inspector approved the survey, as it confirmed the placement of the house from the north property line at 11.51 feet (See Exhibit B, formboard survey). Staff was contacted by Holiday Builders in late July to discuss a recent discovery that the "final" survey prepared by the same surveyor now indicated that the already constructed house was at 5.8 feet from the north property line, clearly in conflict as to what was shown on the previous two surveys (See Exhibit C, final survey). Because of the cost to fix the encroachment, the contractor is requesting a variance to allow the house to remain at 5.8 feet from the property line and has submitted an application that includes an explanation from the surveyor as to the cause of the error, and proposed mitigation measures the contractor is offering (See Exhibit D1-D11, application, written request & justification & mitigation, surveyor report, and street view photo). Because of the error with the survey and misplacement of the house, the septic tank and drainfield were also installed in the wrong location and must be relocated to be in compliance with Health Department regulations. Current Zoning: Current Land Use: Adjacent Properties: North: East: South: West: 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 vacant residence residence Future Land Use LDR LDR LDR LDR 2 d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: 8. Additional Staff Comments: .23 acres, or 10,000 SF Newly constructed single-family residence Public water Septic & Drainfield To compensate for the newly constructed house and its closer proximity to the property line of the adjacent neighbor's house, Holiday Builders has offered as mitigation, to install a solid fence or plant a hedge long the north property line. The neighbor has requested a hedge, and it will be planted from the rear property line to the front line of her house. The applicant has agreed in writing to relocate and bring the septic system into compliance. 9. Board Criteria for Determining Variances: See attached analysis. 10. Staff Recommendation: If the variance is -,ranted, staff recommends the following two conditions of approval: a) The installed septic system is required to make any modifications that may be required by Indian River County Health Dept. This will be verified by the Building Department prior to issuance of a Certificate of Occupancy. b) There shall be a time limit of 180 days to make any modifications to the septic system as may be required by Indian River County Health Dept. and obtain a Certificate of Occupancy. If the variance is denied, staff recommends the following condition of approval: a) The applicant is required to submit revised plans for approval and complete the necessary modifications to the building to bring the residence into compliance including demolition, if necessary. 11. Board Action: onduct quasi-judicial hearing to consider the requested variance. W. tine, Building Official + D. Bosworth, Mgr/Planner 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 ❑ No V The shape and size of this lot is not peculiar in any way. This is a standard lot in the highlands and there is no reason for an encroachment in the ten -foot side yard setback. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes ❑ No V Although the encroachment was a result of a surveying error, Holiday Builders is responsible for the actions of their contractors. The encroachment error of 4.2 feet may have been recognized by a trained field supervisor during construction since the neighbor's fence in the rear is located on the property line, providing a visual reference. C. Special privileges 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 V The granting of this variance will confer on the applicant an exception to the required 10- foot side yard setback that is required in other single-family residences located in RS-10 zoning districts. d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. rd Meets Standard Yes ❑ No The hardship was caused by the applicant's surveyor. All rights to the property under the terms of the ordinance has been preserved and does create an unnecessary or undue hardship to the applicant. 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 � No ❑ Requesting relief from the required 10-foot side yard setback to 5.8 feet and any modifications to the septic system installation as may be required by Indian River County Health Dept is the minimum required to bring the single family residence into compliance. 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 V No ❑ The placement of the single-family residence is 5.8 feet from the property line which is out of the 5-foot drainage utility easement that is located on the side of the property in question. There is no other apparent danger to the public welfare. 2. 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 Ll The granting of the variance should be conditional upon any modifications to the installed septic system that may be required by Indian River County Health. Dept. This will be verified by the Building Department prior to issuance of a Certificate of Occupancy. E h. Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. Meets Standard Yes V No ❑ Staff recommends a time limit of 180 days to make any modifications to the septic system as may be required by Indian River County Health Dept. and obtain a Certificate of Occupancy. Should the variance application be denied, the applicant is required to submit plans for approval and complete the necessary modifications to the building to bring the residence into compliance including demolition, if necessary. i. No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. Meets Standard Yes -V No ❑ The request is not a use -related variance. on Exhibit D1 aala Permit Application No. fV City of Sebastian .n . Development Order Application I Applicant (If not owner, written authorization (notarized) from owner is required) Name: /40 L i D A y & l L•U 6.5 7fsPR&`t Address: 2,.�-93 iIU •K+1� �1>Y� , /�ELBtt/Paf� _ 3 29 3S Phone Number: 32,1)610 - S9 FAX Number: E-Mail: �7Su1c-ads , cam Owner (if different from applicant) Name: Address: i Phone Number: ( ) - FAX Number: E-Mail: ' t I Title of permit or action requested: 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 C Address: 63 % /�f /� a L-13Wy JT I 5AiSA eW , RL .3 J Lot: (e Block: %.3S Unit: q Subdivision: SteAsri� M6 Indian River County Parcel M,313 FII ODDOl/XS-ODUDO b . O Zoning Classification: Future Land Use:lXkJ Existing Use: Proposed Use: ' J� s� PAM+u,o C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): DATE RECEIVED::/5�/ a PEE PAID: $ QM-00 RECEIVED BY' cS- Lf,1A CC- - D2 Permit Application No. D. Project Personnel: _Agent: Name: Address Phone Number: ( ) - FAX Number. ( ) E-Mail: Attorney: I Name: f Address Phone Number. ( ) - FAX Number. ( ) E-Mail: Engineer: Name: -F.bb IV Address 1717 ,ln/ )" ZV6R Sa-0 ";�r3oZ xJW3_-4,(71, 3120(a0 j Phone Number: (772.) 56- 3�e8 FAX Number. { ) - IE-Mail: -TJV5 - a +BgL+ kT7� N Surveyor: Name: i tI T14 At-0 Assoc_1 6s Address �rvt P,�la & , A. 330 (v a Phone Number. { ,q) - 3�aC� FAX Number: E-Mail: -6 KC 1734 Ca K6►77 -726W . C-6M <'ZrR� / FG4'1'IS , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: A 1 AM THE OWNER _ I AM THE LE REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICA,PgN, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE rC7�g TAND BEST OF MY KNOWLEDGE AND BELIEF. , l SI A ��DA'It OR `" N TO AND SUBSCRIBED BEFORE ME BY �e ! f C—V 1 S WHO 15 PERSONALLY KNOWN TO ME OR PRODUCED IVL .¢ice � C P� S2 AS IDENTIFICATION, THIS � DAY OF .20 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY C.^AC —.- COMMISSION NO./EXPIRATION SEAL: ;4 MEGAN D'ANGELO n; r<i NotarY Public - State of Fiorida Commission N HH 415168 My Comm. Expires Jun 27. 2027 ,.. im, " moo^ �yn�p dau'W7d�'•Yj . D3 Permit Application No. The following Is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, * THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE 16W aF AbA--JLkSj*jIaiur 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 ISES MADE, ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OFT CITY OF SEBASTIAN. �� - -7b?T 1r1 SI�AI� \ DAfE Sworn to and subscribed before me by . )e4rt Tfcl'--+S who is personally known jo me or produced—I&II)y;ve !_ V cQn9Q as identification, this )L-9 day of / Notary's Signature Printed Name of Notary ^ l o Commission No./Expiration Y Seal: Y AWGAN WANGELO Notary Public - State of Florida ' Commission # HH 415168 t, 1Ny Comm. Expires Jun 27, 2027 •nix. ii, I:Ri i��,�a�:.,,�y„ 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 91 Permit Application No. _ 21 A ft. aMOMM" Supplemental Information Application to the Board of Adjustment i _ 1. This application is for a (check one): -X— variance(s) appeal(s) I 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):�� _ 3. Legal description of the property involved: yo-r 6 , g"C4C l25 w tj,T 01 C'9sr �L 3245$ 4. Attach the following: ✓a. Boundary survey of the property executed by a Florida Registered Surveyor. The survey shall show the dimensions of the lot or parcel at issue, the location of all structures, if any, along with adjacent streets, and all easements and right-of-ways. Zb. 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 parcel of land that Is subject of the application. D5 Description of Variance Request by Davis Vacation Rentals, LLC Date: 7-26-2024 Property Address: 631 Mulberry St., Sebatian, FL 32958 Legal Description: Sebastian Highlands, Unit 4, Block 125, Lot 6 as recorded in Plat Book 5 Page 100. Tax Description: Parcel ID: 31-38-11-00001-1250-00006.0 Zoning: RS-10 Purpose of Request: A 4.2 ft. variance to the 10 ft. side yard setback requirement on Sec. 54-2- 5.2.3(d)(5) reducing the required setback to 5.8 ft. to allow for a one-story single-family residence to remain as constructed without the owner having to remove it modify the structure. 631 Mulberry St. Criteria for Determination of Variance 2A. Existing special conditions and circumstances: The owner, Holiday Builders, Inc. retained professional services to construct a single- family residence to be located at 631 Mulberry St. The residence was constructed, and a final survey has been completed, which is part of the variance application. A form board survey was also completed prior to the installation of the concrete slab on grade. At that time, the form board survey did show the house in the correct location as originally permitted and meeting all setback requirements. However, the form survey and the staking of the house slab was in error. The surveyor for the project has included in the variance application an explanation of how the error occurred, which resulted in the structure being constructed closer to the north property line than what was shown on the form board survey. In addition, the septic tank was installed closer to the north property line, since its installation was set in alignment with the actual house location. As a result of the surveying error the house was constructed with a 5.8 foot setback from the north property line and the septic tank was installed with a 2.8 foot setback from the north property line. 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 the location noted in Item A and as shown on the final survey due to a surveying error in the staking of the structure's slab and foundation. There was no malice on either the owner's or surveyor's action and the error was extremely technical in nature as described in the attached surveyor's explanation of why the error occurred. AA 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: In consideration of the proposed mitigation noted below, the applicant feels that they would not be given a special privilege since the as -built setback was not a result of their actions. 2D. That literal enforcement of the side yard setback would deprive the applicant the ability to complete the structure and obtain a certificate of occupancy and will constitute unnecessary and undue hardship on the applicant: Should the Board feel that a variance should not be granted the house would not be able to be completed and would not be able to get a certificate of occupancy. This would create an extreme hardship on the owner. From a design standpoint, it would be nearly impossible to redesign the house and remove the northern 4.2 feet of the entire house. Considering all the underground electric and plumbing and room placement through the house, the owner would essentially have to tear down the house. This would result in over a $200,000 expense to the owner, which at no fault of their own they would be penalized with the expense. 2E. That the variance granted is the minimum variance that will make possible the reasonable use of the structure. The owner is asking the Board to consider the minimum variance of 4.2 feet that would allow for the completion of the residence, so it can be reasonable occupied for a single family use, which was its intended use. 2F. That the granting of the variance will be in harmony with the adjacent residence and the neighborhood 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 approached the adjacent neighbor to the north and has explained the setback issue. The owner to the north did state that she has no objection to the placement of the residence. The owner is offering to install a solid fence or a hedge along the property line to improve the compatibility of the two residences and improve the aesthetics of the separation of the residences. This was also discussed with the adjacent owner, and she was amicable to the proposal. She did state that she would prefer the hedge in lieu of a fence. The applicant proposes to install the hedge or fence from the rear back corner on the north property line to the front setback of the closest house of the property in question or the adjacent house to the north relative to the street. If the Board feels that it would also be appropriate for Holiday Builders to plant several canopy trees along the side property line, Holiday Builders would have no object. Additionally, the D7 owner will move the septic tank to the required 5 ft. setback from the side property line and modify the drainfield (if necessary) to bring the septic into full compliance with all local and state regulations and secure final approval from Indian River County Environmental Health Dept. The lot does provide on site positive drainage from the back to the front and there is no adverse impact to the adjacent neighbor. Aesthetically the elevations of the house are compatible and in harmony with the surrounding residences in the neighborhood. 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 any proposed mitigation. 2I. No use variance permitted in special instances. The use of the structure is a permitted use for the RS-10 zoning. No unpermitted use is being requested. E M Surveyor Report for KEITH Project: 13067.02 Holiday Builders Location: 631 Mulberry Surveyor: Luis M Santaliz Franqui Company: KBITH Introduction This report addresses the recent discovery that a house was shifted approximately 5 feet and is now encroaching 4 feet into the building setbacks. The incident was identified during the final survey collection using the GPS R12 unit. This report will detail how and when the issue occurred, the factors contributing to the error, and the steps taken to identify and rectify the situation. Incident Summary During the recent survey, it was discovered that the house in question was built 5 feet off its intended position, resulting in a 4-foot encroachment into the building setbacks. This discrepancy arose due to a misalignment during the remote elevation calibration using the GPS R12 unit. Cause of the Incident Upon investigation, it was determined that the error occurred during the remote elevation calibration process. The field crew responsible for the calibration held both vertical and horizontal datum using the GPS R12 unit. However, they inadvertently maintained a coordinate system that was not based on state plane coordinates. The correct procedure should have involved remote calibration solely on the vertical datum. After completing this procedure and setting the initial horizontal and vertical control for the site, the crew held incorrect horizontal coordinates. Despite the boundary being correctly located by another crew using a different GPS R12 unit, the control points established by the initial crew were based on erroneous horizontal coordinates. Detailed Analysis 1. Calibration Process: o The Field Crew performed remote elevation calibration with the GPS R12 unit. o Both vertical and horizontal datum were held, leading to a deviation from state plane coordinates. 2. Control Points: o Initial horizontal and vertical control points were set with incorrect coordinates. o The boundary was accurately determined by a different crew using a separate GPS unit, ensuring the boundary was correctly located. FFEW LIFAM 3. PINS Stakeout and Formboard: o Points calculated in AutoCAD were based on the correct boundary location. o The Total Station S5 unit was used with the wrong coordinate system, causing a horizontal shift of 5 feet. o Points set from the shifted position appeared correct within the misaligned system, masking the error. 4. Final Survey and Discovery: o The final survey, conducted using the GPS R12 unit, revealed the house's incorrect position. o Office personnel reviewed the formboard and found no indication of an error until the final survey was conducted. Conclusion The house was built in the wrong location due to a misalignment in the initial horizontal coordinates set during the remote elevation calibration. This misalignment was not detected during the PINS stakeout or formboard setup, as the points appeared correctly positioned within the erroneous coordinate system in the Total Station S5 unit. Implemented procedures to prevent this to happen again: 1. Review Procedures: o Implement additional checks during initial setup to verify horizontal coordinates. o Use state plane coordinates consistently across all survey equipment. 2. Training: o Provide additional training for Field Crews on proper calibration procedures and the importance of maintaining accurate coordinate systems. 3. Quality Control: o Enhance quality control measures to detect discrepancies early in the process. Surveyor Name: Luis M Santaliz Franqui p�U�µ 6A N q��,i ,..`qw.• rq�, Digitally signed �° �So� .p ; by Luis M Signature:g`� , 1 Santaliz �t+th$iFLORI „ STATE OF Date: 2024.07.10 '•. OA '''�•'„Y�'suR €vbR �`'� 19:45:35-04'00' "nmuon,• Date: 07/10/2024 D10 0 KEITH Engineering Inspired Design. July 25, 2024 Holiday Builders Mr. Steven Whiting, Project Manager PROJECT: 13067.02 SUBJECT: 631 Mulberry Street, Sebastian, FL Mr. Whiting, On behalf of the KEITH Team, we appreciate the opportunity to provide a brief summary of the survey work tasks related to the property located at 631 Mulberry Street. The dates and task descriptions for the field work provided on the project are as follows: 12/29/23 First crew site visit. Property corners were located throughout the block and roadway for Boundary determination. RECENT evaluation confirms survey work performed utilizing GPSR-12 unit and FDOT Florida Permanent Reference Network (FPRN). 01/04/24 — Crew set roadway site control (vertical and horizontal). Further, began road x-sections & site topographic. Set rear property comers. RECENTevaluation confirms survey work performed utilizing GPSR-12 unit and a remote elevation calibration process from an NGS control point 01/05/24- Crew completed site topo and tree locations. It has been determined that a horizontal misalignmentoccurred from this pointforward, as described in the Surveyor's Report provided by Mr. Luis Santaiiz, PSM (Surveyor of Retort) due to the remote calibration process. The site control established in the roadway was utilized fear the remainder of survey work on site. 03/21/24 - Building Pad stake -out performed, utilizing roadway site control points. 03/27/24 - Building comer stake -out performed, utilizing roadway site control points. 04/04/24 - Formboard As -Built Survey performed, utilizing roadway site control points. 06/18/24 - Foundation As -Built Survey performed, utilizing roadway site control points. 06/24/24 - Final Boundary and Location Survey performed. 06/28/24 — Crew sent back to confirm building location & property corners for encroachment issue. 07/08/24 - Crew sent back to confirm site control, locating neighboring house north of site, and taking site photos. 07/10/24 — Subsurface Utility Crew location of septic tank to confirm encroachment. During the process of performing the field work, related to the preparation of the Final Survey, our team discovered a shift In the coordinate values utilized for the prior tasks on the project site as detailed in the above summary. Our team immediately remobilized to the project site and collected additional survey data to process and analyze. Upon completion of the additional analysis, we were able to verify that a geometric shift had occurred in the values representing the original control points utilized on the project site. Upon determination of the magnitude of the shift, we utilized the additional field data to update the Final Survey and were able to determine the correct positioning for the structures on site. The final survey that we prepared depicts the correct positioning of the site improvements and provides specific notes related to the magnitude of the shift In the project coordinates. 1.11 CfI III0I1 www.KEITHteam.com pompano beach IHQ) • miami a west palm beach . orlando a port saint lucie