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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.
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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
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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
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