The URL can be used to link to this page

Home My WebLink About05222002BOA AGENDA HOME Of PELICAN |SLA.I~D 1225 MAIN STREET .. SEBASTIAN, FLORIDA $2958 TELEPHONE (.561) .589-5537 [] FAX (561) AGENDA BOARD OF ADJUSTMENT WEDNE.SDAY~ MAY 22, 2002 6:00 P.M. 2. 3. 4. 5. 6. 7. 9, 10. 11. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: ANNOUNCEMENTS: APPROVAL OF MINUTES: OLD BUSINESS: NEW BUSINESS: Regular meeting - 2/5/02 A. TOM COLLINS, in regards to property located at 1606 Indian River Drive, Captain Hiram's Sandbar, is requesting permission to attach a retractable awning to five protected trees, whereas the code prohibits such attachment to protected trees. CHAIRMAN'S MATTERS: MEMBERS' MATTERS: STAFF 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.) TWO OR MORE ELECTED OFFICIALS MAY BE IN ATTENDANCE. 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 (561) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. C~ OF HOME OF PELICAN iSLAND ]22.5 MAIN STREET . SEBASTIAN, FLORIDA 329.58 TELEPHONE (561) 589-5537 . FAX (561)589-2566 PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLOR.IDA, WILL CONDUCT A PUBLIC HEARING MAY 22, 2002, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLOR.IDA, TO CONSIDER A VARIANCE FROM SECTION 54-3-14.14.(c) OF THE SEBASTIAN LAND DEVELOPMENT CODE. TOM COLLINS, IN REGARDS TO PROPERTY LOCATED AT 1606 INDIAN RIVER DRIVE, CAPTAIN HIRAM'S SANDBAR, IS REQUESTING PERMISSION TO ATTACH A RETRACTABLE AWNING TO FIVE PROTECTED TREES, WHEREAS THE CODE PROHIBITS SUCH ATTACHMENT TO PROTECTED TREES. WALTER BARNES, CHAIRMAN BOARD OF ADJUSTMENT 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 WI-IICH 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 (56.1) 589-5330 AT LEAST 48 HOURS iN ADVANCE OF THE MEETING. TWO OR MORE CITY COUNCIL MEMBERS MAY BE 1N ATTENDANCE OF THIS MEETING. Published May 7, 2002 City of Sebastian Development Order Application Numbe~. - PAX ) t i Ty'~e of ~en'~it or eG~ierl req~eat~l: ~f ~.1 ~ ~ SHA~g eE INCLUDED. A~ACH THE ~PROP~A~ SUPPLEM~AL INter. ON FORM, indian River C~nty I~ar~el ~. " Futura Land Use: DATE RECEIVED: ',-~/~' I._.~ ;~.--- FEE PAID: $~0 ,-C')¢.~ RECEIVED BY: ~ ~O ~ ........ -~-~ .............. [JULLINS INVESTWENT P~GE 03 Name: E-Mail: Address Number. Number:. _.f NmrT~: Phone Number:. ( FAX Nurnbe~. ( ) . ~A? Ak~ ~E INFO~ON, ~Pa, ~TA AN~/OR ~HE8 RROMOED IN ~l& APPU~ON AEE ~G~RE OA~ ~RI~D N~ O~ NOTARY /~ ,~ ~ 2 ,,~ [ ~t~ . COMM~aION NO.~I~ON {0 ' D - ~ ? $~k: ' ' ' The followlnB is required for Ill oomprehofleive p|nn emendmentl~ l~onlng &mendment (includin9 ~zoning), sh plin~, oondltlonal ~e pe~i~, special use pe~lts, vadancea, ~U~ECT OF THI~ APPUCA~ON, H~RG~Y ~OR~ ~ ~ND ~RY M~ OF ~E AN0 ~ TH~ PROP~R~ IN CQNNE¢~ON ~ ~/OUR PENOING APP~A~ON, w~o is ~naZly kno~ me or ~m~ucs~ ~ ~ v C b~ )~. ~ ~ ~ ~ ~ Comm~ion No.piton _.~' ~: U~ .... ~eal: OZ., Supplemental Information Application to the Board of Adjustment Tgts application is fol' a (c~ec~ one):~ variance(a) __ appeal(s) ___2, Specif~ all code provisions far wl~lch a variance is being requeste¢ or the you are appeaiing (st~mch extrm sheets if ,,,J Legal clesc?lption of the propar~y ir~volved): _ ~z~ Boundary survey of the props?fy exe~zted I~y · Florida Registered Surveys?. Tho survey shall show the dimenaior~s of the lot or parcel at Issue. the location of all e1~u~ms, if any, along with adjacent .treats, and ell easements mhd tight-of-ways. Additional ~lata end inforrneflon as ?squired t~ pmpaMy aetvise the Board of the faCtS and circumstances needed to deckle the ?.asa on its merits. ~ c. The narmm~ e~d addresses of all pmpa~ owners whoso property or pen of their t~al pmpe~ la within 300 fe~t of any outer ~ounda?y of .... th_e Lot or ~erce,! of laflcl ?a.t is subject of the applic~.tloM. 85/15/2882 OL-'oo~ Telephone 561-589-8000 Collins Companies 9301 Hwy. A1A, Suite4 Veto Beoch, FL 32963 EMAIL: ~.HC9301 Fax 561-589-5 i(30 FACSIMILE TRANSMITTAL TO: Jan King n ~~::~ DATE: 05-~ FROM: Thomas H. Coil, RE: FAX: 589-2566 # of PAGES: Jan, Enclosed please find a copy of the engineer certification letter from KSM Engineerin,g regarding the retractable sail. I am also enclosing a rough sketch of how we [ntend to affach the corners of the sail to the trees. Please include the drawings I presented at the P&Z meeting in the packages for the City Council Members. I, of course, will be available to explain the particulars at the City Council meeting when we get together on the 22nd. Thank you for your cooperation in this matter, · Sebastian Inlet Mmtna & TraCing Compeny · Omhld Isle Holding Company - C. B,, Inc. · A~a~teegue Developem, Inc. KSM KELLER, SCHLEICHER & MacWILLIAM ENGINEERING P,O. BOX 78-1377, SEBASTIAN, FL 32978-1377 FAX (772) 589-6469 5693 AND TESTING, INC. SEBASTIAN (772) 589-0712 MELBOURNE (321) 768-8488 ST. LUCIE (772) 229-9093 May 8, 2002 City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Awning Captain Hiram's 1606 indian River Ddve Sebastian, Florida KSM 22130 Dear Sir: I have reviewed a drawing Illustrating the procedure upon how to construct a retractable awning over the band stand area at the referenced site, A "roller furling" apparatus will be used to secure the awning during high winds. Also, the owner has requested that I review the construction process. Therefore, I conclude that this awning once finished will be structurally sound, Sh0kuld you have any questions, please do not hesitate to call me. Rd~n~llltl G; Keller, P,E. ~,..~ pb uo,,uo/~uu~ ao~aoma~oo UULL~N~ INV~$1MENT PAGE 06 Oy ste. Oy st¢ .t-'Olnte Bay Resort Sebastian, FL 32958 civ Se~ ~ Dem' Planning and Zoning Member: Om- resorts, Oyster Polme and Oyster Bay adjoin the Capt. Hiram's property both on the north side md the south side and run parallel to thei~ properties ~'om U.S. #i all the way through to the Iz~dim Rivet. Over the years we have wamhed CapL Hiram~s grow ~nd progress and have recently worked with them so that they could expand their Sand~m' operation, which is very ~t~.mdqr s.t~'k ~,~ ~.~.~.-~ ~n~ We u~d~d that Mz. Collins, z~presenting bis company, will be appearing before your board requesting approval for a small awning to be u~ed to covez a portion of the dance area directly in fi'om of their bandstsnd. We encourage yom' group to approve this minor request. The retractable awing will provide shade and protection fi'om ~howers to om' guests, who enjoy the fitcility a~d the cover ~ aL~o help contain the mt~ic which sometimes can be hcazd by our guests when the prevailing winds ate out of the southea~. The improvem~t ~ be located in the center of their new SandBar expansion and w/ll enhance the overall attractiveness offlae project. In additior~ we understand that ~ Plarm/ng aud Zon/~g board must approve the colors tha~ Capt. H~-a~'s selected ~or the fascia boards on 1heir buttings, We understand ail the buddings w~H be painted to meet the em'rent riverfrom ordizumce. We have no objection to the colors that Capt. Hiram's selected to ~ the fascia boards and in fa~t think ~hey ~t nicely with the overall appeanmce of~be property. We would therefoz: request that you approve these minor requests f~om Capt. FFu"am's. Sincerely, Pamela Morga~ President cc. Tom Cot]~ts Oyster Po~te/Oys~er Bay Office (561) 589-65113 Ext. 500 I I II III II I II I I IIIIIII Mnltlns Adttte~e P,O. Box 780899 SebasLtan, FI. 32978-0~99 Cap t. Hiratn 's RIVER RAW BAR & SEAFOOD CAEE Home Of The Waterfront Tiffany Room Banquet Facil/ty At Sebastian Inlet Marina & Trading Company, Inc. April 2, 2002 Tracy Hass - Planning Director Sebastian Plarm/ng and Zoning Commission City of Sebastian 1225 Main Street Sebastian, FL. 32958 Dear Tracy and Planning and Zoning members; Capt. Hiram's has recently completed the expansion of our SandBar, which is located to the south of the existing Capt. Hiram's restaurant. Part of those improvements included construction of a 250 square foot covered entertainment bandstand that is shown on the attached site-plan. The sandy beach area directly in front of the bandstand, comprising approximately 400 square feet has been left open so that our customers have a place to dance. It has always been our intention to provide a cover over that area to protect our customers from the sun and rain showers. The cover would also be used to contain some of the sound from the music. Unfortunately, the current riverfront regulations limit the size of awnings to approximately 30°,o of the building size. While we constructed numerous buildings at the new SandBar expansion, none of them are connected, so the proposed awning must be approved by the Planning and Zoning Commission. I am enclosing sketches of the awning for your review. Please note that the awning will be suspended from a cable that will nm directly above the dance floor area and the awning is designed like a sail on a sailboat so that it can roll up on the top center cable. The four comers are secured with ropes that tie to large Royal Palm trees. I have tried to provide, as much detail as possible and I will be available at an upcoming Planning and Zoning meeting to explain this request to the Planning and Zoning board members. We also have a separate request that relates to some of the colors we used to paint the buildings and fascia boards. Originally we painted the two buildings along Indian River Drive with colors that were not acceptable to the commurfity development dj_rector. We have changed those colors to colors that comply with the current ordinance. We painted the small fascia board that is located directly under the roof structures with colors that evidently do not comply with the riverfront ordinance. Many of the fascia boards cannot Corporate Office: 9301 N A-l-A, Suite 4, Vero Beach, FL 32963 PHONE (407) 589-8000 FAX: (407) 589-5100 We have consulted with our neighbors about our plans and I am enclosing a copy of their letter of approval. I am available to show any member of the P&Z or the Planning staff exactly what our plans are and would welcome the opportunity to visit with anyone on site prior to our meeting with the P&Z. Please let me know if you need any additional information. ~Th, x~as H. Co~ns T C/pjp Enclosures CCi Capp Construction Martin Carter George Bonacci - Chief Building Official Terrence Moore - City Manager be seen from Indian River Drive and we recently installed extensive landscaping along Indian River Drive so very little of the fascia boards are exposed to the general public. ' We like the colors we have chosen, as they add a little vibrant dimension to the SandBar addition. We would therefore request that the Planning and Zoning Commission approve the fascia board colors as they are currently painted. All the colors of the buildings will comply with the pastel colors encouraged for the Florida Fishing village concept. HO.t~ Ol~ PEI.lCAN: 1225 MAIN STREET SEBASTIAN, FLORIDA 32?58 TELEPHONE (561) 58%5490 FAX (561) 58%6209 MEMORANDUM DATE: April 26, 2002 TO: · Planning and Zoning Commission FROM: Tracy E. Hass, Director of Growth ManagemenL//~ SUBJECT: Request to install a shade structure at Captain Hiram's Sandbar. Tom Collins, on behalf of Captain Hiram's Restaurant, is requesting Planning and Zoning Commission approval to install a shade structure at the aforementioned restaurant/sandbar. The proposed canopy/awning is roughly 400 SF in total area, and is to be attached to the existing bandstand within the sandbar at Captain Hiram's. Additionally, Mr. Collins proposes to attach the structure to the existing palm trees for support and rigidity. Please see attached plan provided by Mr. Collins. With that said, two issues must be made clear concerning installation of the proposed awning/canopy. First of which, the Riverfront Overlay District regulations limit the size of canopies and/or awnings. According to said provisions, an awning shall not run continuously for more than 30% of the length of any single fagade. Placement of awning segments shall relate to building features (e.g. doorways and windows), where possible. Awning segments shall not exceed 25% of the length of any single fagade. Although the proposed awning far exceeds the above standards, it is not what we typically classify as an awning. Additionally, section 54-3-14.14 of the LDC states that it shall be unlawful to attach anything to a protected, historic, or specimen tree other than supportive wires, braces or other similar non injurious materials. Supportive wires and braces are those used to support the tree, not other objects. If Mr. Collins receives approval to install the awning, a variance will be required before the awning can be installed and subsequently attached to the palm trees. The variance request would be heard by the City Council at a future date. Another issue being presented for your review is the request to allow brighter trim colors on the bathroom buildings located at the Captain Hiram's Sandbar. The buildings, minus the trim, were repainted to comply with the Overlay District requirements. Project Name: HOME Oi~ :PF.~CAN IS~D Growth Management Department Variance Application - Staff Report Tree Attachments at Captain Hiram's Sandbar Requested Action: The applicant has requested a variance to allow attachment of a canopy/awning in the bandstand area of the sandbar to five palm trees, whereas the code prohibits attachments to protected trees. Project Location a. Address: b. Legal: Project Owner: Project Agent: Project Description: a. 1606 Indian River Drive Lots 8, 9 and 10, Indian River Hills Subdivision, together with a parcel leased from Oyster Point/Oyster Bay immediately south of Lot 10. Sebastian Inlet Marina & Trading Co. 9301 A-1-A Suite 4 Vero Beach, FL 32963 Tom Collins Narrative of proposed action: The applicant has requested a variance from the following section of the Sebastian Land Development Code: Section 54-3-14.14.(c): Restriction of attachments to historic or specimen trees. It shall be unlawful to attach anything to a protected, historic, or specimen tree other than supportive wires, braces or other similar noninjurious materials. Protected Tree: Any tree of four inches diameter at breast height (DBH) or greater. Supportive wires are those necessary for stabilization of the trees. Current Zoning: CWR de c. Adjacent Properties: North: East: South: West: Site Characteristics (1) (2) (3) (4) Total Acreage: Zoning CWR C CWR CWR Current Land Use(s): Water Service: Sanitary Sewer Service: Current Land Use restaurant Indian River recreation area for time shares hotel restaurant public public Future Land Use C 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 find the following: a. Existence of special conditions or circumstances. b. Conditions not created by applicant. c. Special privileges not conferred. d. Hardship conditions exist. e. Only the minimum variance granted. f. Not injurious to public welfare or intent of ordinance. g. Conditions and safeguards may be imposed. h. Time limit may be imposed. i. No use variance permitted in specified instances. Please reference Section 54-1-2.5 of the Land Development Code for further explanation and clarification of the conditions as set forth above. 2 Staff Comments: Mr. Collins has obtained permission fi-om the Planning and Zoning Commission to construct a retractable awning in the bandstand area of the sandbar at Captain Hiram's. He wishes to attach this awning to five large royal palm trees. Our code states that it is unlawful to attach anything to a protected, historic, or specimen tree other than supportive wires, braces or other similar noninjurious materials. Supportive wires and braces are those used to support the tree, not other objects. A protected tree is defined in the glossary of the Sebastian Land Development Code as follows: Protected tree: Any tree of four inches DBH or greater or any Quercus (Scrub Oak) tree measured at its base of four inches in circumference or greater that is not otherwise exempted herein. (Section 54-5-22.2 Definition of Terms) The regulations as stated above are intended to provide protective measures, so as to prevent the intentional, or unintentional, destruction of trees through the sometimes harmful effects of attaching items to trees. Mr. Collins has provided a depiction representing the proposed attachment of a cable/pulley with stainless cleat to the royal palm trees within the sand bar at Captain Hiram's. Additionally, Ronald Keller, P.E., of KSM, Inc., provided a letter stating he "concludes that this awning once finished will be structurally sound." Prepared by Tracy Hass, Director Growth Management Department Date 3 BOARD OF ADJUSTMENT CITY OF SEBASTIAN, FLORIDA Sebastian Inlet Marina & Tradin.q Co. -Tom Collins Appellant, VS. CITY OF SEBASTIA .N~ FLORIDA, Case No.: 02-006 FINDINGS OF FACT~ CONCLUSIONS OF LAW. AND ORDER THIS CAUSE came on for public hearing before the BOARD OF ADJUSTMENT of the CITY OF SEBASTIAN, on May 22®, 2002 after due notice and based on the evidence, the BOARD OF ADJUSTMENT enters the following: FINDINGS OF FACT 1. Public notice of this hearing was published on May 7th Press Journal .... a newspaper of general circulation. 2. A copy of the published notice was mailed to all property owners within three hundred (300) feet of the property involved in the application, as shown in the records of the property appraiser of Indian River County. ...... 2002 , in the ORDER MOTION: Based upon the foregoing Findings of Fact and Conclusions of Law, a motion to approve the variance was made by Board Member H± J.'l , and seconded by Board Member Con-i§J.±o , and adopted by the Board by a vote of z~ in favor, and 0 against. DONE AND ORDERED in Sebastian, Indian River County, Florida, this 22nd day of ~a¥ 2002, CITY OF SEBASTIAN, FLORIDA CHAIRMAN BOARD OF ADJUSTMENT ATTEST: _--'- ~i~ERI~TO~ .I-~..'.B?ARD OF ADJUSTMENT (OrdAppLdoc) PRESS JOURNAL INDIAN RIVER COUNTY, FLORIDA 1801 u.s. 1, vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Karen Trego, who on oath says that she is a Classified Legal Advertising Representative of the Press Journal, a daily newspaper published at Veto Beach in Indian River County, Florida; that the attached copy of advertisement was published in the Press Journal in the following issues be.iow. Affiant further says that the said Press Journal is a newspaper published at Veto Beach in said indian River County, Florida and that the said newspaper has heretofore been continuously published in said Indian River County, Florida daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Press Journal has been entered as second class matter at the Post Office in Veto Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad ~ 05107/2002 $73.14 tom collins Total $73.14 Subscribed and sworn to me before this date: 05/07/2002 1010 Legal Notices PUBLIC NOTICE CITY OF SEBASTIAN . 1225 MAIN STREETi INDIAN RIVER COUNTY ; FLOR DA THE BOARD OF .ADJUST MENTOE THE. 'CITY OI SEBASTIAN, INDIAN RIVER COUNTY, :FLORIDA; WILL CONDUCT A PUBLIC HEAR- ING MAY 22, 2002, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET. SEBAS- TIAN, FLORIDA, TO' CON- SIDER A VARIANCE PROM SECTION 54-3-14.14.(c) OF THE SEBASTIAN LAND DEVELOPMENT CODE. TOM COLLINS, IN 'REGARDS TO PROPERTY LOCATED AT' 1606 INDIAN RIVER DRIVE, CAPTAIN HIRA'M'S SANDBAR, IS REQUESTING PERMISSION TO ATTACH A RETRACT- ABLE AWNING TO FIVE PROTECTED. 'TREES, WHEREAS THE CODE PRO- H B TS.SUCH ATTACHMENT TO PROTECTED T, REES. WALTER BARNES, CHARMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN ' ANY P'ERSON WHO DECIDES TO .APPEAl. ANY DECISION MADE BY 'THE BOARD OF. ADJUSTMENT WiTH RESPECT" TO ANY MATTER' CONSIDERED AT THIS MEETING (OR HEAR: lNG) WILL NEED. A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEED- INGS IS MADE, 'WHICH RECORD INCLUDES THE TESTIMONY AND EVI- DENCE UPON WHICH :THE APPEAL IS TO BE HEARD. (286.0105 F. S. ) "' . IN COMPL ANCE WITH THE AMERICANS WITH DISABIL- ITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (77'2) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. 'D/VO OR MORE CTY CouNCIL MEMBERS MAY' BE IN ATTENDANCE OF: THIS MEETING. May 7, 2002. 2422680r