HomeMy WebLinkAbout09-11-2024 BOA AgendaExhibit D1
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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:
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Owner (if different from applicant)
Name:
Address:
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Phone Number: ( ) - FAX Number:
E-Mail: '
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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):
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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�
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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.
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Supplemental Information
Application to the Board of Adjustment
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_ 1. This application is for a (check one): -X— variance(s) appeal(s)
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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:
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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.
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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
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'''�•'„Y�'suR €vbR �`'� 19:45:35-04'00'
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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
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