Loading...
HomeMy WebLinkAbout04101996BOA City of Sebastian 1225 MAiN STREET ~ SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 MINUTES BOARD OF ADJUSTMENT WEDNESDAY, APRIL 10, 1996 6:30 P.M. Mayor Cartwright called the Board of Adjustment Meeting to order at 6:30 p.m. City. Council Present: Mayor Louise Cartwright Vice Mayor Walter Barnes Mrs. Norma Damp Mr. Raymond Halloran Mr. Richard Taracka Staff Present: City Manager, Thomas Frame City Attorney, Tim Williams City Clerk, Kathryn O'Halloran Deputy City Clerk, Sally Maio Building Official, George Bonacci Zoning Technician, Jan King OLD BUSINESS: A~PPROVE MINUTES OF MARCH 27. 1996 MEETING MOTION by HalloratffBames I move approval. ROLL CALL: Mr. Barnes - aye Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye MOTION CARRIED 5-0 Board of Adjustment Meeting April 10, 1996 Page Two Mayor Cartwright requested the order of the two hearings be reversed. Council concurred. ~EW BUSINESS-: p~UBLIC HEARINg: Columbus Club of Sebastian, in Regard to Lot 17 in Section 30 According to Berrys Subdivision of the Carter Survey of the Fleming Grant, Township 30 South, Range 38 East and Located on Gibson Street in the City of Sebastian, Is Requesting a Variance from Section 20a- 5.6 of the Sebastian Land Development Code to Allow a Septic System Within the Rear Yard, Whereas the Code Requires the Septic System to Be Placed in the Front or Side Yard. The Applicant Also Wishes to Place a Well in the Front Yard, Whereas the Code Requires the Placement ora Well Within Either the Portion of the Side Yard That Is Not Forward of the Front Building Line or Within the Rear Yard. Mayor Cartwright opened the public hearing at 6:32 p.m. and the City Clerk swore in all those who intended to offer testimony. Mr. Taracka stated he had visited the site. The Zoning Technician made a brief presentation, noting the request no longer included a variance for the location of the septic. Randy Mosby, Mosby and Associates, addressed City Council stating that the adjacent septic is outside of the 100' proposed well radius. Mayor Cartwright closed the public heating at 6:40 p.m. 2 Board of Adjustment April 10, 1996 Page Three MOTION by Damp/Halloran I move that we grant the request for the variance for the best utilization of the land and the site constraints of the existing lands and rear buffer. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye MOTION CARRIED 5-0 PUBLIC HEARING: Ava Lynn Wilson, in Regard to Property Located at 945 Indian River Drive, City of Sebastian, is Requesting a Variance from Section 20A-3.8(D)6(b) of the Sebastian Land Development Code to Allow a Structure to be 10 Feet from the North Side Property Line and 14 Feet from the South Side Property Line, Whereas the Code Requires Residential Structures to be a Minimum of 15 Feet from the Side Property Lines. Mayor Cartwfight opened the public hearing at 6:42 p.m. and the City Clerk swore in all those who intended to offer testimony. Mayor Cartwright, Vice Mayor Barnes and Mr. Taracka disclosed they had visited the site. Mr. Taracka said he had talked to Ms. Wilson. The Zoning Technician presented the request, noting the existing house was already in the side setbacks and that Ms. Wilson's intention was to build an addition onto the front of the house with the same encroachment into the side setbacks as the existing house. She stated that this was a fifty foot wide lot and that the adjacent house was two feet from the property line. Mayor Cartwright asked whether the addition was proposed or completed. Mickey Capp, contractor for Ava Wilson, said the project was in the works. 3 Board of Adjustment Meeting April 10, 1996 Page Four Ms. Wilson said she had started to remove the existing structure and then found out the approval process would take longer than expected. She said she then asked Mr. Capp to construct something to keep the weather out and for security purposes. The City Clerk swore in Building Official, George Bonacci. Mr. Bonacci testified that the structure (slab & shell) had been inspected by KSM and in his opinion, the structure meets requirements of Section 1606 of the Standard Building Code. Mayor Cartwright asked if a variance from Section 20A-9.7 Structural Alterations to Non-Conformities was also required and the City Attorney responded that it was. Mayor Cartwright closed the public heating at 6:54 p.m. MOTION by Bames/Taracka I'll make a motion to approve the variance for Ava Lee Wilson, at 945 Indian River Drive, in the City of Sebastian, from Section 20A- 3.8.D.6.(b) to coincide with the dimensions of the existing home. ROLL CALL: Mr. Halloran - aye Mr. Taracka - aye Mrs. Cartwright - aye Mr. Barnes - aye Mrs. Damp - aye MOTION CARRIED 5-0 MOTION by Cartwright/Taracka I could so move to approve the variance for Mrs. Wilson, 945 Indian River Drive, a variance from Section 20A-9.7. 4 Board of Adjustment April 10, 1996 Page Five ROLL CALL: Mr. Taracka Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran MOTION CARRIED 5-0 CHAIRMAN'S MATTERS None. MEMBERS, MATTERS - aye - aye - aye - aye None. BUILDING OFFICIAL MATTERS None. Being no further business, Mayor Cartwright adjourned the Board of Adjustment meeting at 7:56 p.m. Approved at the Meeting. Ka~. O'Hklloran, C~C/AAE City Clerk Mayor 5 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, APRIL 10, 1996 6:30 P.M. 1. CALL TO ORDER 2. ROLL CALL 3. OLD BUSINESS: APPROVE MINUTES OF MARCH 27, 1996 MEETING 4. NEW BUSINESS: PUBLIC HEARING: AVA LYNN WILSON, IN REGARDS TO PROPERTY LOCATED AT 945 INDIAN RIVER DRIVE, CITY OF SEBASTIAN, IS REQUESTING A VARIANCE FROM SECTION 20A-3.8(D)6(b) OF THE SEBASTIAN LAND DEVELOPMENT CODE TO ALLOW A STRUCTURE TO BE 10 FEET FROM THE NORTH SiDE PROPERTY LINE AND 14 FEET FROM THE SOUTH SIDE PROPERTY LINE, WHEREAS THE CODE REQUIRES RESIDENTIAL STRUCTURES TO BE A MINIMUM OF 15 FEET FROM THE SIDE PROPERTY LINES. PUBLIC HEARING: COLUMBUS CLUB OF SEBASTIAN, IN REGARDS TO LOT 17 IN SECTION 30 ACCORDING TO BERRYS SUBDIVISION OF THE CARTER SURVEY OF THE FLEMING GRANT, TOWNSHIP 30 SOUTH, RANGE 38 EAST AND LOCATED ON GIBSON STREET IN THE CITY OF SEBASTIAN, IS REQUESTING A VARIANCE FROM SECTION 20A-5.6 OF THE SEBASTIAN LAND DEVELOPMENT CODE TO ALLOW A SEPTIC SYSTEM WITHIN THE REAR YARD, WHEREAS THE CODE REQUIRES THE SEPTIC SYSTEM TO BE PLACED IN THE FRONT OR SIDE YARD. THE APPLICANT ALSO WISHES TO PLACE A WELL IN THE FRONT YARD, WHEREAS THE CODE REQUIRES THE PLACEMENT OF A WELL WITHIN EITHER THE PORTION OF THE SIDE YARD THAT IS NOT FORWARD OF THE FRONT BUILDING LINE OR WITHIN THE REAR YARD. 5. CHAIRMAN'S MATTERS 6. MEMBERS' MATTERS 7. BUILDING OFFICIAL MATTERS 8. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589~5570 PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING APRIL 10, 1996, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-3.8(D)6(b) OF THE SEBASTIAN LAND DEVELOPMENT CODE. AVA LYNN WILSON, IN REGARDS TO PROPERTY LOCATED AT 945 INDIAN RIVER DRIVE, CITY OF SEBASTIAN, IS REQUESTING A VARIANCE TO ALLOW A STRUCTURE TO BE 10 FEET FROM THE NORTH SIDE PROPERTY LINE AND 14 FEET FROM THE SOUTH SIDE PROPERTY LINE, WHEREAS THE CODE REQUIRES RESIDENTIAL STRUCTURES TO BE A MINIMUM OF 15 FEET FROM THE SIDE PROPERTY LINES. KATHRYN M. O'HALLORAN CiTY CLERK CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WiTH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. PUBLISHED: MARCH 26, 1996 APRIL 2, 1996 Re'mired on Application No. C~I2~ OF SEBASTIAN APPLICATIQ~ ]IQ BOARD Oi5 ADJUSTMENT I hereby make application to the Board of Adjustment of the City of Sebastian, Florida for a hearing to resolve the matter(s) as stated. Zoni.g Classifioation ~O P~ Land Use ~.~'eo,'~,~3-r?',~,L_- This Application is forl Variance(s), or Appeal(s) or Special Exception. (Specify correct designation.) SPECIFY ~L CODE PROVISIONS WHICH YOU ARE ~QUESTING TO BE VARIED OR THE DECISION OR DECISIONS OF THE BUILDING OFFICI~ THAT YOU A~~ 14~2~,/ ~op,~~ ~ / PHONE NUmER OF APPLICANT: IF ~PLICANT IS OTHER ~AN ~CORD ~NER OF PARCEL ATTACH WRITTEN AUTIIORIZATION FROI4 OWNER TO SUBMIT THIS APPLICATION ON OWNER'S B EIIALF. ADDITIONAL 0 S~gnature of Applican~' ~ Title of Applicant (if appl~cable) Z~Eacfed ~'~ i~ ~' i~Tnation sheet outlining the Board's procedures. A fee of one hundred dollars ($100.00) must accompany this Appl ica tion. Approved Form Resolution No. Dated: AND CON$~N~ i/We, the owner(s) of the property located at ~~,t~A3 ~¥~~ Sebastian, Indian River County, Florida, (the ,,Prb~erty"), hereby authorize each and every member of the ~ ¢~ /~QL)&~/~'~ Board/CommisSion of the City of Sebastian (the ,,Board,,/"Commission") to physically enter upon the property and view the Property in connection with my/our pending (the ,,Proceeding"). I/We hereby waive any objection or defense I/we may have, due to the quasi-judicial nature of the proceeding, 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 me/us voluntarily'and not as a result of any coercion applied, or promises made, by any employee, agent, contractor or official of the city of Sebastian. SWORN to and subscribed before ,, My Commission Expires: me this ~ day of Notary Public F I/' / /'~ ~I ~ . fi" ~' / / / / / / ,. / / / //,'. / Fix // // ~// // / × / / /; / // f , I / ," (/' / § 20A-3.8 SEBASTIAN LAND DEVELOPMENT CODE sand (1,000) square feet per unit; and each additional bedroom shall provide an additional one hundred (100) square feet per bedroom addition. (Ord..No. 0-93-01, § 17, 2-24-93) 6. Minimum building setbacks from property lines: (a) Front yard: 10 feet for nonresidential development. Residential development shall maintain a twenty-five (25) foot setback. (b)' Side yard: Commercial - 10 feet; Residential - 15 feet plus one foot per each additional two (2) feet in height above twenty-five (25) feet. (c) Rear yard: 20 feet. (d) Minimum distance between residential structures on same lot: twenty (20) feet. (Ord. No. 0-93-01, § 18, 2-24-93) 7. Maximum building coverage: 30 percent. 8. Minimum open space (pervious surface): 20 percent for nonresidential uses and fifty (50) percent for residential uses. Where residential and nonresidential development is to be located on the same site, the following pro rata open space requirements shall be enforced: OS = OS NRA RA TA (NRA × .2 TA ) + (RA × .5 TA ) ( TA ) (TA ) Open space Nonresidential acreage Residential acreage Total area Sec. 20A-3.8(A). C-512, Commercial 512 District. A. Purpose and intent. The C-512 district is established to implement comprehensive plan policies for managing land desig- nated for Commercial (C-512) development along segments of County Road (CR) 512 below defined: 1. Specific area inclz~ded in C-512 district. This district is intended to include all lots abutting the south side of Supp. No. 22 134 LEGAL BASIS AND GENERAL PROVISIONS § 20A-9.7. ing use of a more restricted character, the new use may not thereafter be changed to any less restricted use. C. When a nonconforming use of all or any part of a building, structure or premises has been changed to conforming use, the conforming use shall not thereafter be changed to any nonconforming use. D. No structural alterations shall be made to any building or structure occupied by a nonconforming use except as per- mitted in this code. E. The parking and landscape provisions of subsection 20A-9.7(F) shah be met. Sec. 20A-9.7. Structural alterations to nonconformities or noncompliances. Where a lawful structure or use exists at the effective date of adoption or amendment of this code, and it could not be built or used under the terms of this code by reason of restrictions on area, lot coverage, height, yards, location on the ]o% or other site development standards or requirements concerning the structure or use, it may be continued so long as it remains otherwise lawful, subject to the following provisions: A. Alteration, extension, enlargement or expansion of noncon- forming use or noncomplying building or structure. No such alteration, extension, enlargement or expansion of a nonconforming use or noncomplying building or structure shall be permitted in a way which increases its noncon- formance or noncompliance with present site development and use standards of the zoning district in which it is located, but any such structure or use or portion thereof may be altered to decrease its nonconformance or noncom- pliance with present site development and use standards of the zoning district in which it is located. Nothing in this subsection shall prohibit the building official from order- lng the compliance with all other provisions of this code and applicable building construction and safety related codes. B. Replacemen~ restoration and reconstruction of nonconform- ing use or noncomplying building or structure. In the event 593 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING APRIL 10, 1996, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-5.6 OF THE SEBASTIAN LAND DEVELOPMENT CODE. COLUMBUS CLUB OF SEBASTIAN, IN REGARDS TO LOT 17 IN SECTION 3U ACCORDING TO SERRYS SUBDIVISION O~' THE CARTER SURVEY OF THE FLEMING GRANT, TOWNSHIP 30 SOUTH, RANGE 38 EAST AND LOCATED ON GIBSON STREET iN THE CITY 0~' SEBASTIAN, IS REQUESTING A VARIANCE TO ALLOW A SEPTIC SYSTEM WITHIN THE REAR YARD, WHEREAS THE CODE REQUIRES THE SEPTIC SYSTEM TO BE PLACED IN THE FRONT OR SIDE YARD. THE APPLICANT ALSO WISHES TO ~bAC~ A WELL iN THE b'RONT YARD, WHEREAS THE CODE REQUIRES THE PLACEMENT OF A WELL WITHIN EITHER THE PORTION OF THE SIDE YARD THAT IS NOT FORWARD Ob' THE FRONT BUILDING LINE OR WITHIN THE REAR YARD. KATHRYN M. O'HALLORAN CITY CLERK CITY Ok' SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD O~' ADJUSTMENT WITH RESPEC'£ TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO HE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407) 589-5330 AT LEAST 4~ HOURS iN ADVANCE Ob' TH~ MEETING. PUBLISHED: MARCH 26, 1996 APRIL 2, 1996 Lego£ · -onin9 This Al Code NAME O~ PHONE AUTHOR] B ~ALF, ~DITI( best of th See attached Classification PS_ Land ~se Institutional ~plicatlon i~ for ,Variance(s), or Appeal(~) Or ExCeption.;. (Sp~lfy correct designation.) D~CISION O~ D~iSIONS ~ ~E BUILDING OFFICI~ THAT YOU a~I~: Section 20A-5.6 of the Land Development 0~NERtS).. Columbu.s. Club ~of Sebastian . A~O~SS OF ~A~C~n 1N ISSUE: 130th Street (,Gib. sp.n Street) AODR~-~S 0~ A~LICANT:~8800 U.S.._#~, Sebastian, FL 32976 UMB~/% 0~ APPLICANT: (407) 388--2770 ,ICANT IS OTHER THAN RECORD C~4HER OF' PARCEL ATTACH WRITTEN NA~ COMMENTS: The variance is.requ~.sted for the ~ilization of the land and the site constraints exes.ting wet~ands anat..the required rear buffers. ptoced~ ~ fee ~ Approv~ Re~lul Oa ued: ~ one hundred dollars ($100.00) must accompany this ,tlon. ~d Form ion ~o .... (r lL g /oc , - TOTAL P.02 IRC SMITH I ~ (./-) --1 § 20A-$.5 SEBASTIAN LAND DEVELOPMENT CODE of ten (10) 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 four hundred (400) square feet in lot coverage and shall not exceed twelve (12) feet in height. Structures that consist solely of screening and beams and supports for the screening material, such as screen enclosures for swimming pools areas, shall not exceed twenty-five (25) feet in height. (Ord. No. 0-93-01, § 49, 2-24-93; Ord. No. 0~93-11, § 1, 5-26-93) Sec. 20A-5.6. Wastewater facilities. A. Wastewater facilities. Whenever a lot is not served by an approved sanitary sewer, there must be provided such open space as required by the Florida Department of Health and Rehabili- tative Services ('HRS"), or its designee, for the septic tank and drainage field to serve the uses erected on such lot. Such sanitary installations may be located in a front or side yard, but not closer than five (5) feet to any lot line and not within any easements. No septic tank shall be located within seventy-five (75) feet of mean high water (MHW) along the Indian River or the Sebastian River. All package plants must conform to the applicable standards of the Florida Department of Environmental Regulations (DER) relative to their location to the mean high water line. B. Private wells. I~"nene~er a lot is not served by an approved central water system, a private well may be provided as required by HRS or its designee; provided that all wells (irrigation and potable water) shall be located within either the portion of the side yard that is not forward of the front building line or within the rear yard. (Ord. No. 0-93-01, § 59, 2-24-93) Sec. 20A.5.7. Accessory buildings. A. Definition. "Accessory building" shall be defined as any structure or portion thereof located on a lot in a residential district which is not designed primarily for use as living area. The homeowner shall have the burden of showing that a structure or portion thereof is designed primarily for use as living area. Supp. No. 20 326 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, APRIL 10, 1996 6:30 P.M. 1. CALL TO ORDER 2. ROLL CALL 3. OLD BUSINESS: APPROVE MINUTES OF MARCH 27, 1996 MEETING 4. NEW BUSINESS: PUBLIC HEARING: AVA LYNN WILSON, IN REGARDS TO PROPERTY LOCATED AT 945 INDIAN RIVER DRIVE, CITY OF SEBASTIAN, IS REQUESTING A VARIANCE FROM SECTION 20A-3.8(D)6(b) OF THE SEBASTIAN LAND DEVELOPMENT CODE TO ALLOW A STRUCTURE TO BE 10 FEET FROM THE NORTH SIDE PROPERTY LINE AND 14 FEET FROM THE SOUTH SIDE PROPERTY LINE, WHEREAS THE CODE REQUIRES RESIDENTIAL STRUCTURES TO BE A MINIMUM OF 15 FEET FROM THE SIDE PROPERTY LINES. PUBLIC HEARING: COLUMBUS CLUB OF SEBASTIAN, IN REGARDS TO LOT 17 IN SECTION 30 ACCORDING TO BERRYS SUBDIVISION OF THE CARTER SURVEY OF THE FLEMING GRANT, TOWNSHIP 30 SOUTH, RANGE 38 EAST AND LOCATED ON GIBSON STREET IN THE CITY OF SEBASTIAN, IS REQUESTING A VARIANCE FROM SECTION 20A-5.6 OF THE SEBASTIAN LAND DEVELOPMENT CODE TO ALLOW A SEPTIC SYSTEM WITHIN THE REAR YARD, WHEREAS THE CODE REQUIRES THE SEPTIC SYSTEM TO BE PLACED IN THE FRONT OR SIDE YARD. THE APPLICANT ALSO WISHES TO PLACE A WELL IN THE FRONT YARD, WHEREAS THE CODE REQUIRES THE PLACEMENT OF A WELL WITHIN EITHER THE PORTION OF THE SIDE YARD THAT IS NOT FORWARD OF THE FRONT BUILDING LINE OR WITHIN THE REAR YARD. 5. CHAIRMAN'S MATTERS 6. MEMBERS' MATTERS 7. BUILDING OFFICIAL MATTERS 8. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) City of Sebastian 1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PUBLIC MEETING CiTY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF THE CiTY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, WILL HOLD A MEETING ON APRIL 10, 1996, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS. KATHRYN M. O HALLORAN CITY CLERK CITY OF SEBASTIAN, FLORIDA NOTE: ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PUuLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING APRIL 10, 1996, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS bOCATED AT 12Z5 MAiN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-3.8(D)6(b) OF THE SEBASTIAN LAND D~VELOPMENT CODE, AVA LYNN WILSON, IN REGARDS TO PROPERTY LOCATED AT 945 INDIAN RIVER DRIVE, CITY O~' SEBASTIAN, IS REQUESTING A VARIANCE TO ALLOW A STRUCTURE TO BE 10 FEET FROM THE NORTH SIDE PROPERTY blNE AND 14 ~'E~T FROM THE SOUTH SIDE PROPERTY LINE, WHEREAS THE CODE REQUIRES RESIDENTIAL STRUCTURES TO BE A MINIMUM OF ID ~'EET FROM THE SID~ PROPERTY LINES. KATHRYN M. O'HALLORAN CITY CLERK CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD O~' ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND ~VIDENCE U[~ON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. PUBLISHED: MARCH 26, 1996 APRIL 2, 1996 ROLL CALL 1 Mr. Barnes ,,/ Mrs. Damp Mr. Hanoran Mr. Taracka ~/ .... Mrs. Cartwright MOTION SECOND ITEM NO.~~ ROLL CALL Mrs. Damp Mr. Halloran Mr. Taracka Mrs. Cmwrig, ht Mr. Barnes SECOND iTEM NO.~~( ~/~/J~/~-~ MOTION c~/lr. Halloran ~/~.'. , ~drs,. Cartwright 4'7bz~Z '~ MrS. Drop ROLL CALL 4 . Taracka s~Can-whght ~ Barnes ~l~r. Halloran SECOND MOTION SECOND ITEM NO. ROLL CALL 5 Mrs. Cartwright Mr. Barnes Mrs. Damp Mr. Halloran Mr. Taracka MOTION City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589~5570 1. CALL TO ORDER 2. ROLL CALL 3. OLD BUSINESS: APPROVE MINUTES 6. 7. 8. AGENDA BOARD OF ADJUSTMENT WEDNESDAY, APRIL 10, 1996 6:30 P.M. OF MARCH 27,~96 MEETING AVA G~N W~SON, ~R R~GARDS NEW BUSINESS: PUBLIC HEARING: PROPERTY LOCATED AT 945 INDIAN RIVER DRIVE, CITY OF SEBASTIAN, IS REQUESTING A VARIANCE FROM SECTION 20A-3.8(D)6(b) OF THE SEBASTIAN LAND DEVELOPMENT CODE TO ALLOW A STRUCTURE TO BE 10 FEET FROM THE NORTH SIDE PROPERTY LINE AND 14 FEET FROM THE SOUTH SIDE PROPERTY LINE, WHEREAS THE CODE REQUIRES RESIDENTIAL STRUCTURES TO BE A MINIMUM OF 15 FEET FROM THE SiDE PROPERTY LINES. PUBLIC HEARING: COLUMBUS CLUB OF SEBASTIAN, IN REGARDS /~ CTiON 30 ACCORDING TO BERRYS SUBDIVISION OF THE CARTER SURVEY OF THE FLEMING GRANT, TOWNSHIP 30 SOUTH, RANGE 38 EAST AND LOCATED ON GIBSON STREET IN THE CITY OF SEBASTIAN, IS REQUESTING A VARIANCE FROM SECTION ~0A-5.6 OF THE SEBASTIAN LAND DEVELOPMENT CODE TO ALLOW A ~u~ ~EPTIC SYSTEM WITHIN THE REAR YARD, WHEREAS THE CODE REQUIRES THE SEPTIC SYSTEM TO BE PLACED IN TH~ FRONT OR SIDE YARD. THE APPLICANT ALSO WISHES TO PLASma WELL IN THE FRONT YARD, WHEREAS THE CODE REQUIRES TH~LACEMENT OF A WELL WITHIN EITHER THE PORTION OF THE IS NOT FORWARD OF THE FRONT BUILDING LINE~O~WITHIN THE REAR YARD. CHAIRMAN'S MATTERS' 1~' u'~ MEMBERS' MATTERS BUILDING OFFICIAL MATTERS ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) City of Sebastian 1225 MAiN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, iNDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING APRIL 10, 1996, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA~ TO CONSIDER A VARIANCE FROM SECTION 20A-3.8(D)6(b) OF THE SEBASTIAN LAND DEVELOPMENT CODE. AVA LYNN WILSON, IN REGARDS TO PROPERTY LOCATED AT 945 INDIAN RIVER DRIVE, CITY OF SEBASTIAN, IS REQUESTING A VARIANCE TO ALLOW A STRUCTURE TO BE 10 FEET FROM THE NORTH SIDE PROPERTY LINE AND 14 FEET FROM THE SOUTH SIDE PROPERTY LINE, WHEREAS THE CODE REQUIRES RESIDENTIAL STRUCTURES TO BE A MINIMUM OF 15 FEET FROM THE SIDE PROPERTY LINES. KATHRYN M. O'HALLORAN CITY CLERK CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. PUBLISHED: MARCH 26, 1996 APRIL 2, 1996 l{nceived on jApplication No. CJZL~OFSEBAST~ APPLICATIOJ~ TO B/)~hRD OF ADJUSTMEN~ I hereby make application to the Board of Adjustment of the City of Sebastian, Florida for a hearing to resolve the matter(s) as stated. Zoning Classification This Application is for .Variance(s), or Appeal(s) or Special Exception. (Specify Correct designation.) SPECIFY ALL CODE PROVISIONS WHICH YOU ARE ~QUESTING TO BE VARIED OR THE DECISION OR DECISIONS OF THE BUILDING OFFICI~ THAT YOU STREET ADDRESS OF PARCEL IN ISSUE:~ ~%~k~ ~[$~ 7~ , PHONE NO'ER OF APPLICANT: q~7-a~-~G~ IF ~P.LICANT IS OTHER ~AN ~CORD ~NER OF PARCEL ATTACH WRITTEN AUTHORIZATION FROM OWNER TO SUBMIT THIS APPLICATION ON OWNER'S B EIIALF. s~a~u~ o~ hpp~an~ ~ ~e o~ ~pp~can~ (~ app~cab~e) ~ttacS~ hereto i~ ~' l~ation sheet Outlining the Board's procedures. A fee Of one hundred dollars ($100.00) must accompany tbls Application. Approved Form Resolution No. Dated- WAIVER AND CONSENT I/We, the owner(s) of the property located at ~'~'~O ~'~~ Sebastian, Indian River County, Florida, (the "Prb~erty"), hereby authorize each and every member of the ~~ ~ /%Q,_;&~f~J~ Board/CommisSion of the City of Sebastian (the ,,Board"/"Commission") to physically enter upon the property and view the Property in connection with my/our pending (the "Proceeding"). I/We hereby waive any objection or defense I/we may have, due to the quasi-judicial nature of the proceeding, 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 me/us voluntarily .and not as a result of any coercion applied, or promises made, by any employee, agent, contractor or official of the City of Sebastian. Dated this ~7~- day of /~ . , 199~.,~ SWORN to and subscribed before My Commission Expires: me this ~G day of Notary Public -t 'i , § 20A-3.8 SEBASTIAN LAND DEVELOPMENT CODE sand (1,000) square feet per unit; and each additional bedroom shall provide an additional one hundred (100) square feet per bedroom addition. (Ord. No. 0-93-01, § 17, 2-24-93) 6. Minimum building setbacks from property lines: (a) Front yard: 10 feet for nonresidential development. Residential development shall maintain a twenty-five (25) foot setback. (b)' Side yard: Commercial - 10 feet; Residential - 15 feet plus one foot per each additional two (2) feet in height above twenty-five (25) feet. (c) Rear yard: 20 feet. (d) Minimum distance between residential structures on same lot: twenty (20) feet. (Ord. No. 0-93-01, § 18, 2-24-93) 7. Maximum building coverage: 30 percent. 8. Minimum open space (pervious surface): 20 percent for nonresidential uses and fii~y (50) percent for residential uses. Where residential and nonresidential development is to be located on the same site, the following pro rata open space requirements shall be enforced: OS -- 0S NRA RA TA (NRA x .2 TA ) + (RA × .5 TA ) ( TA ) (TA ) Open space Nonresidential acreage Residential acreage Total area Sec. 20A-3.8(A). C-512, Commercial 512 District. A. Purpose and intent. The C-512 district is established to implement comprehensive plan policies for managing land desig- nated for Commercial (C-512) development along segments of County Road (CR) 512 below defined: 1. Specific area included in C-512 district. This district is intended to include all lots abutting the south side of Supp. No. 22 134 LEGAL BASIS AND GENERAL PROVISIONS § 20A-9.7, lng use of a more restricted character, the new use may not thereafter be changed to any less restricted use. C. When a nonconforming use of all or any part of a building, structure or premises has been changed to conforming use, the conforming use shall not thereafter be changed to any nonconforming use. D. No structural alterations shall be made to any building or structure occupied by a nonconforming use except as per- mitted in this code. E. The parking and landscape provisions of subsection 20A-9.7(F) shall be met. Sec. 20A-9.7. Structural alterations to nonconformities or noncompliances. Where a lawful structure or use exists at the effective date of adoption or amendment of this code, and it could not be built or used under the terms of this code by reason of restrictions on area, lot coverage, height, yards, location on the lot, or other site development standards or requirements concerning the structure or use, it may be continued so long as it remains otherwise lawful, subject to the following provisions: A. Alteration, extension, enlargement or expansion of noncon- forming use or noncomplying building or structure. No such alteration, extension, enlargement or expansion of a nonconforming use or noncomplying building or structure shall be permitted in a way which increases its noncon- formance or noncompliance with present site development and use standards of the zoning district in which it is located, but any such structure or use or portion thereof may be altered to decrease its nonconformance or noncom- pliance with present site development and use standards of the zoning district in which it is located. Nothing in this subsection shall prohibit the building official from order- lng the compliance with all other provisions of this code and applicable building construction and safety related codes. B. Replacemeni restoration and reconstruction of nonconform- lng use or noncomplying building or structure. In the event 593 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING APRIL 10, 1996, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-5.6 OF THE SEBASTIAN LAND DEVELOPMENT CODE. COLUMBUS CLUB OF SEBASTIAN, IN REGARDS TO LOT 17 IN SECTION 3U ACCORDING TO ~ERRYS SUBDIVISION ~ THE CARTER SURVEY OF THE FLEMING GRANT, TOWNSHIP 30 SOUTH, RANGE 38 EAST AND LOCATED ON G£BS~N STREET iN THE CiTY Ok' SEBASTIAN, IS REQUESTING A VARIANCE TO ALLOW A SEPTIC SYSTEM WITHIN THE ~EA~ YARD, WHEREAS THE CODE REQUIRES THE SEPTIC SYSTEM TO BE PLACED IN THE FRONT OR SIDE YARD. THE APPLICANT ALSO WISHES TO PLACE A W~bb IN TH~ ~'RONT YARD, WHEREAS THE CODE REQUIRES THE PLACEMENT OF A WELL WITHIN EITHER THE PORTION OF THE SIDE YARD THAT IS NOT FORWARD Ok' THE FRONT BUILDING LINE OR WITHIN THE REAR YARD. KATHRYN M. O'HALL~AN CITY CLERK CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD O~' ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WiLL NEED A RECORD OF THE PROCEED£NGS AND MA~ NEED T~3 ~3NSUt{E THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO SE HEARD. (286.U105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYON~ WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407) 589-5330 AT bEAST 4~ HOURS iN ADVANCE O~' THE MEETING. PUBLISHED: MARCH 26, 1996 APRIL 2, 1996 Lega.L Zoning S~ECiF~ OR THE Code. I4AZL I N6 P~ON~ IF ~P AUDIOS] B gBAL F best of th, Mr. Randy Mos~ procedures. ~escriptio~ 'of Land in issue= See attached Classifica~'ion PS ~,and Use Institutional ;licatlon i~ for .Variance(s}, or Al~peal[~) o~ ~ECISION O~ D~ZSIONS ~ ~E BUILDING OFFICI~ THAT YOU ~I~: Section 20A-5.6 of the Land Development OWNER(S) Columbus Club 9f .S..sbastian ADD,SS OF PA~C=n 1N ~SSU~:__]30th Street (Gibson Street) ADDaESS ~ A~LICA~T: 8800 U.S..~..1_, Sebastian~ FL UMbeR OF A~ICANT: (407) 388-2770 ICANT I$ OTHRR T~AN RECORD OWN£R OF' PARCEL ATTACH WaITT£~ ZATZON FROH. ONNER TO SUS~IT THIS AP~nlCATIO~ ON OWNER'S ,NAL COMM~N~S: The..var%ance is requested for the :tilization of the land and the site constraints existing wetlands a~ the required rear buffers. Agent ~ ,L ;ant Title of Appltcan: iii 'appli=abi~) ', P.E. ~R~NT WARE an--~n~a~ion sheet outli~lng th~ Roaid's fee ( ApDl Approv~ =ed one hundred dolla£s ($100.00} muse accompany d Form ion 32976 TOTAL P. 82 · ' - . ~ ~;--~ -.',-<:~::,.,,.*Z.'.'~ ~.,, ir.':-.i-'~- -. '., '.' .' :- " . ~." .... ','. . . ., ~ i' -- ~*~ . ~ [- ......... . .... C~Oo~f~ ~ &~d~ ....... Z tNDSCAPE DATA iRC SMITH } o\ § 20A-5.5 SEBASTIAN LAND DEVELOPMENT CODE of ten (10) 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 four hundred (400) square feet in lot coverage and shall not exceed twelve (12) feet in height. Structures that consist solely of screening and beams and supports for the screening material, such as screen enclosures for swimming pools areas, shall not exceed twenty-five (25) feet in height. (Ord. No. 0-93-01, § 49, 2-24-93; Ord. No. 0-93-11, § 1, 5-26-93) Sec. 20A-5.6. Wastewater facilities. A. Wastewater facilities. Whenever a lot is not served by an approved sanitary sewer, there must be provided such open space as required by the Florida Department of Health and Rehabili- tative Services (~HRS"), or its designee, for the septic tank and drainage field to serve the uses erected on such lot. Such sanitary installations may be located in a front or side yard, but not closer than five (5) feet to any lot line and not within any easements. No septic tank shall be located within seventy-five (75) feet of mean high water (MHW) along the Indian River or the Sebastian River. All package plants must conform to the applicable standards of the Florida Department of Environmental Regulations (DER) relative to their location to the mean high water line. B. Private wells. ~qmnever a lot is not served by an approved central water system, a private well may be provided as required by HRS or its designee; provided that all wells (irrigation and potable water) shall be located within either the portion of the side yard that is not forward of the front building line or within the rear yard. (Ord. No. 0-93-01, § 59, 2-24-93) Sec. 20A-5.7. Accessory buildings. A. Definition. "Accessory building" shall be defined as any structure or portion thereof located on a lot in a residential district which is not designed primarily for use as living area. The homeowner shall have the burden of showing that a structure or portion thereof is designed primarily for use as living area. Supp. No. 20 326