HomeMy WebLinkAboutOrderPROCEEDING BEFORE THE BOARD OF ADJUSTMENT
CITY OF SEBASTIAN, FLORIDA
IN Re: JEFFREY KUEHL IRA & TYLER KUEHL CASE No. 24-VAR-3
623 Northlake Boulevard
North Palm Beach, Florida 33408
LEGAL DESC. COMMENCING AT THE SOUTHWEST CORNER OF INDIAN RIVER DRIVE
(FORMERLY OLD DIXIE HIGHWAY) AND 5` 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.
ADDRESS: 11690 Indian River Drive, Sebastian, Florida
PARCEL I.D. 1 30-39-31-00001-0000-00004.3
REQUEST(S):
Land Use: RMU (Riverfront Mixed Use)
Zoning: CWR (Commercial Waterfront
Residential)
Variance request from EQUITY TRUST COMPANY, CUSTODIAN FBO JEFFREY
KUEHL IRA; AND TYLER KUEHL, for their property located at 1690 Indian River
Drive, Sebastian, Florida, from Sebastian Land Development Code Section 54-2-5.5(d)(6)
to allow a single-family residence to be constructed at a minimum 7.6 feet from the side
property lines, whereas the C WR zoning district 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.
ORDER
WHEREAS, upon presentation at a public hearing on the 28' day of August, 2024, before the Board of
Adjustment, of the application for a Variance by the Property Owner(s), and upon review and consideration of all
testimony, evidence and argument presented at said duly noticed public hearing, which constitutes substantial
competent evidence, the Board determined by a vote of 5 to 0 that the variance requested does meet the
prerequisites as set forth in Section 54-1-2.5 (c) (2) of the Und Development Code of the City of Sebastian.
IT IS, THEREFORE, ORDERED AND ADJUDGED THAT THE PROPERTY OWNER'S REQUEST
FOR A VARIANCE IS APPROVED, and that construction of a single-family residence can be located at a
minimum of 7.6 feet from the side property lines and that the Southeastern portion of the structure can be
located 13.4 feet from the rear property line, with the conditions that 1) The variance shall not extend to
future successors and assigns of the property, but is granted solely to the current property owner(s) and the
specific proposed design; and 2) The variance shall expire two years from the date of approval if construction
of the residence has not yet begun; and 3) Final design of the structure shall be limited to one-story only.
This Order shall take effect immediately, and shall be deemed rendered three (3) days after it has been signed by
the Chairman of the Board of Adjustment, and deposited in the United States Mail for first class delivery to the
Property Owner(s). Any appeal certiorari review of this decision shall be made in the Circuit Court of Indian
River County within thirty (30) days of the decision of the Board of Adjustment, as required by 54-1-2.5(e), of
the City's Code.
ATTEST:
�ette Williams, MMC
t',ity Clerk
By: K 66 C L�cQ/
Mayor Ed Voild
Chairman of the Board of Adjustment
CITY OF SEBASTIAN
Approved as to Form and Legality for
4elib e ebastia o
OfS
nly:
cD.Cockoft, Esq., BCSorney —