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Home My WebLink About10251995BOA City of Sebastian 1225 MAiN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES BOARD OF ADJUSTMENT WEDNESDAY, OCTOBER 25, 1995 6:30 P.M. Mayor Firtion called the Board of Adjustment meeting to order at 6:30 p.m. The Pledge of Allegiance was recited. ROLL CALL: ~i~ Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cam~ght Mrs. Norma Damp Mr. Raymond Halloran Staff Present; City Manager, Joel Koford City Attorney, Clifton cClelland, Jr. City Clerk, Kathryn O'Halloran Director of Community Development, Bruce Cooper Zoning Technician, Jan King Deputy City Clerk, Sally Maio OLD BUSINESS Approve Minutes of September 27. 1995 MOTION by Cartwright/Halloran I move to approve the minutes of the September 27, 1995 meeting. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 Board of Adjustment October 25, 1995 Page Two 5. NEW.. BUSINESS PUBLIC HEARING: Christian Paquette, President, Palm Lake Club of Sebastian, Inc., in regards to Lot 71, Block B, Palm Lake Club Subdivision, Phase .III is requesting a variance from Section 20A-3.7F(6)b of the Sebastian Land Development Code to construct a mobile home 8.37 feet from the side property line, whereas the Code requires a minimum setback of 10 feet. Mayor Firtion opened the quasi-judicial hearing at 6:34 p.m. The Zoning Technician presented the variance request on behalf of staff. The City Clerk swore in all who intended to offer testimony. The Zoning Technician continued noting that if this variance is approved the location of the structure on the abutting property would still provide for a 20 foot clear space between structures and noted that the subject property is a comer lot with several trees. Pierre Paquette, 2 Bimini Circle, representing Christian Paquette, addressed City Council. Mayor Firtion closed the public hearing at 6:44 p.m. MOTION by Halloran/Damp I move that we grant the requested variance based upon the fact that these are leased lots, can't be sold and it would not be a detriment to adjacent lots. Vice Mayor Corem said she thought it appropriate that a finding of fact be based on the peculiarity of the property itself. MOTION by Comm/Cartwright I move to amend the motion to add to the findings of fact that the peculiarity of the way the trees are situated on the comer of the property and the unique configuration of the comer. 2 Board of Adjustment October 25, 1995 Page Three ROLL CALL: (on amendment) Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum Mrs. Cartwright - nay - nay - aye - aye MOTION on amendment FAILED 2-34 (Damp, Halloran, Firtion - nay) ROLL CALL: Mrs. Cartwh~t - nay Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corem - nay MOTION CARRIED 3-2 (Cam~ght, Corem - nay) CHAIRMAN'S MATTERS None. MEMBERS' MATTERS Mr. Halloran recommended that the Board of Adjustmem (City Council) remove itself from determining how many parking spaces are required for commerical business. It was noted that staff was reviewing the code for revision. The City Attorney responded that the City has a comprehensive land use plan and is obliged to follow its land development regulations to implement the plan until such time as amended. Board of Adjustment October 25, 1995 Page Four 8. BUILDING OFFICIAL MATTERS None. Being no further business, Mayor Firtion adjourned the Board of Adjustment meeting at 6:54 p.m. Approved at the Meeting. 1995, Regular City Council Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 4 City of Sebastian 1225 MAiN STREET n SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589-5570 PUBLIC NOTICE CiTY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA TBE BOARD OF ADJ'USTMENT OF TBE CiTY OF SEBASTIAN, INDIAN RIVER. COUNTY, FLORIDA, WI'L[, CONDUCT A PUBLIC HEARING J'ANUARY 10, 1996, AT 6:30 P.M. iN THE CITY COUNCIL CHAMBERS i,OCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTIONS 20A-5.7(C)1 OF THE SEBASTIAN LAND DEVELOPMENT CODE. JAMES T. FRANKLIN AND BEVERLY JANE FRANKLIN, IN REGARDS TO LOT ].1.., BL(')CK 5, SEBASTIiAN HIGHLANI)S UNIT 1, lis REQUESTING A VARIANCE TO PLACE AN ACCESSORY B[JILDING 22.8 FEET FROM A SECONDARY FRONT YARD LINE, WHEREAS THE CODE WOULD REQUIRE THE BUII, 13ING TO 13E PLACED 37.8 FEET FROM THE SECONDARY FRONT YARD LINE. KAI[-IRY M O HALLORAN CITY CLERK CITY OF I~BAS~[1AN ANY PERSON WHO DECI. DES 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 WtlICH TBE APPEAL iS TO BE HEARD. (286.0105 l?.$. ) IN COMPLIANCE WITIi THE AMERICANS WITH DISABILITIES ACT (Al)A), ANYONE WHO NEEDS A SPECIAl_, ACCOMMODATION FOR THIS MEET.i. NG SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407) 589-5330 AT I,EAST 48 ttOURS I.N ADVANCE OF THE MEETING. P U B 1., ]. S H Ii', D: DECEMBER 26, ]_995 JANUARY 2, 1996 Received on i2--69- V'~---- Application No. C I 'i'_Y QF ILBD AS T i AN A~P_P_L ICA'i'IOI~ TO BOItLlI2 Q_~ .ADJUS'I~MEN~' 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. V Legal Description of Land in Issue: Zoning Classification ,.~:-'10 Land Use '/'his Application is for .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~ TIIAT YOU ARE ~PEALING?~ ~Q~3~,~ .... O~~C~ ~0~ STa~ET ~PRESS OF P~aCEL ZN ZSSUm: /~3 ~,~ILING ~DRESS OF ~PLICANT: /.~ IF APPLICANT IS OTHER THAN RECORD OWNER OF PARCEL ATTACH WRITTEN AUTIIORIZATION FROM OWNER TO SUBMIT THIS APPLICATION ON OWNER'S BEHALF. - A~'E~%~-A-~%-Eo fs %n f~-~YS~ation sheet outlining the Board's procedures. A fee of one hundred dollars ($100.00) must accompany this Appl icat ion. Approved Form %~Z.-~'~tv Resolution No. ~ Dated: WAIVER AND CONSENT I/We, the owner(s) of the property located at ~_~ ~tr0 , Sebastian, Indian River County, Florida, (the "PrBperty"), }{ereby authorize ea.~h and every member of the Board/Commis~ion of tile City of Seb~'tiah ( the .,Board"/"Co~ission") 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 ~--~ day of ~~n~ , 199~- S~ORN to and subscribed My Commission Expires: before me this O'iC~ day of ~6tary ~Hblic ~ z/v ~. KATHRYN A. NAPPI MY COMMISSION # CC 229406 EXPIRES September 20, 1996 IIONOEO THRU TROY FAIN INSURANCE, IflC. -~i. ~0 O0 0 0 C El|l[ II':lCAl'[ E: WE I IE['iI:-[]Y CERTIFY -I IIAT WE IIAVE -[I IlS [.)AY CCIMPLI~ lEI) A SUI]Vl.-:Y OF I I I1-'_- I.I1-]11~.11,1 DESCI"IiDI£D Pl'lO[::'EIi flY; '1'1 IAI1 MAIII(,I.-'-I'IS IIAVE DEEN SF_I' AS II',II}ICA I I;I ) TI IA/-fl'ilS SUI'IVi:~Y MI~E1IS TIlE MINIMUM TECIINICAI_ S-[ANDAI'II)S AS FOR I'H BY THE FLORIDA [JOAI'ID OF LAND SURVEYORS; AND 'I I-IA'I' l'l IlS I)I1AWIHG IS A 'FnUE AND COllFiFCI' [)F_-I.INF_ATION 'fl IEIU.iOF. i'~ ~l~¢irl~'l I~[Til[~ L L :IP- 2 7 I{1 CIVIL LAND SURVEYOE'IS LAND P[.ANNI.!!FIS PALM 1'3AY, f'-L I 3.~'1' U.] "} , I..OT I)L-',~CIIIPltOIIt I.tld I~ . flLOCK 5 , I CF_THIFIC^TI~: . ?'"' .. ....... I WF I IEflEUY CEIll It-Y 'TI I^ I Wf~ I I^VE II I1,~ I.)AY C,(~MI:'LF- l [J) ^ ,~UIIVI~Y OF 1111~ ~' 'r t ( 111 I1^1 HfF_III'OF ^9 rl'CO'l;'o ,4 PLA1 13OO1( .~'} I 111^[ Illl,~ SUllVEY ME'ElS life MINIMUM A'_',(.;(III I .i : ' : z '. , : :' · u~yr:-I FOrll-IBY~f EFLOrlOAI[t()^IllJoFLAI4I,)~;IJIIVEY(]II,'~ ' ' I : ~ : :--J ~ ] 'l : Il ' Jl l,':'J A 'flllj[~ AI',~O (;O1 ' :( Il I')E , -"A ON l YI.iO',%YO h I I ....... I i.,,l.. ___ CIVIl_ ENGINEEI%S I_AND SUllVI-]YOF~:S I_AND PLANN131S 2f.E';5 IdHt:tY AVl.-'_.. NI.: I"AI M I~AY. f:l %~ool ST. 0~ ,, 80' 80.53' ® 0 ff6 ooI : CLASSIC · " Stylish looks are the appeal of this tnodel that looks like a little hot, se with an overhanL~. Enhanced by top-of-the-line onstructlon, the Classic is just ihat...a real Classic. -~ ~ ., ,~.,....,,~,~,. ~,:: ~, ~,~,:..?~.:~.~.~ ", ......... ;,.'.L_," '..~'?'~.':...'. too · d-O~x-- ~i G-o°I MA- O00289 F.O. Date ~4rlal No. O,def ~el~: ~ By: Deb Dellvqm,ed Cuetomer Referred By: \ Wlndow~ · ~,~ Optlone DEUVERY INFO. Dale PromlrKI CUSTOMERS ARE RESPONSIBLE FOR PERMITS Cash Vlea Total Other D~peslt 9ub Total Trix B.O.9. Lsbo~ PRICE TERMg OF CONTRACT % Deposit requlrod; balanc~ upon delivery, Units wif113~ held al lot ~ weeks pefxJing delivery unklss pelchn full, There will be · ~% cha~ge for all canceled orderL Teds ~heds warranty m~ly 19 Teds Shede Aluminum Produc~. · When a specific pla~_,emenl of a unit is requesled, lhe buy~ accepb fun m~ponsibilily fo~ damage Incurred by obstacles Ihet have not been removed. II is also Ihe buyer's tesponsibilily Io ch~ckrOn building Permil mquirem6nls, General Construction Information Teds Steeds feature the finest quality one can find in a shed, as well as a choice of sizes broader than most other manufacturers offer, ranging from. only 3' x 5' to an expansive 20' x 80' ...and all sizes in between. Special features that may not be found in oti~er sheds include: · Pressure-treated tongue-in.groove plywood floors · All pressure-treated lumber that bas ground contact is .40 · 3/4" tongue-in-groove pressure treated plywood for floor decking ° Floors are all nailed, not stapled · 1" roof screw, xylan plated, with neoprene washer ° .25 pressure-treated sole plate · Lifetime Warranty Zo - ,.5'.,_5- LEGAl; BASIS AND GENERAL PROVISIONS § 20A-5.5 driveways, sidewalks or other approved structures shall be planted and maintained in lawn, sod or landscaping including flower beds, shrubs, hedges or other generally accepted landscaping material approved by the building official. Landscaping material, including trees, shall not obstruct the vision of the motoring public. The landscape requirements of Article XIII shall further regulate development within all zoning districts, excepting single- family zoned districts. B. Front yards: 1. Lots with double frontage. The front yard regulations shall apply to both streets on through lots or double frontage lots. Corner lots. There shall be a front yard on each street side-"" of a corner lot, provided, however, that the buildable width of such lot shall not be reduced to less than thirty (30) feet; provided, further, that no accessory building on a corner lot shall project beyond the i~ront yard line on either street. ~ff 3. Encroachment of p~rches or terraces. Ad-open unenclosed and uncovered porch or paved terrace may project into the front yard for a distance of not more than ten (10) feet. 4. Encroachment of gasoline service facilities. Gasoline filling station pumps islands may be located within a front yard, provided they are not less than fifteen (15) feet from any right-of-way line. C. Side yard: 1. Lot less than required width. Whenever a lot in single ownership exists which contains less width than required in the district in which it is located, as stipulated in section It0A-5.4 of this article, shall go to the board of adjustment, no side yard shall be reduced to less than ten (10) feet, providing further that the buildable width shall not be reduced to less than twenty (20) feet. D. Rear yards. Detached structures, such as utility sheds and other structures accessory to single-family homes within a single- family zoning district may encroach into a required rear yard, provided that any such structure maintain a minimum distance Supp, No. 20 325 LEOAL BASIS AND OENERAL PROVISIONS § 20A-5,7 B. Presence of principal building required. No accessory build- ing shall be constn~cted upon a lot until the construction of a principal building has been started and no accessory building shall be used unless the principal building has received a certif- icate of occupancy, C. Location: iheneral rule of location. No accessory building or structure~ all be located in any required yard (setback). Further- ore, no detached accessory building or structure shall xtend beyond the front building line of the principal tructure that is located on the same real estate parcel or 2. Corner lots. Notwithstanding the provisions of paragraph 1., accessory buildings may be located to the front of the front setback line along the boundary of the secondary front yard and an improved corner lot, provided that said secondary front yard does not abut an interior lot. D. General regulations of accessory buildings: 1. No mobile home, travel trailer, truck trailer or any portiou thereof, or motor vehicle shall be permitted as an accessory building. 2. No accessory building shall be constructed or maintained without a building permit being issued by the city's build- ing official expressly designating the type of the accessory building (example: garage, shed, pump house). 3. The building official shall not issue a building permit if the application for a building permit does not specify the type of accessory building which the applicant seeks to con- struct or to ~naintain. 4. The building official shall not issue a building permit if the accessory building does not comply with any other provi- sions of the Land Development Code or the Code of Ordinances of the City of Sebastian. 5. No detached accessory building shall be constructed or maintained if the height thereof exceeds the height of the principal structure that is located on the same real estate parcel or lot. 8upp, No. 20 327 GLOSSARY § 20A-12.2. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted be- cause of the presence of nonconformities in the zoning district or uses in an adjoining zoning district. Yard. An open space at grade between a building and the joining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the structure shall be used. Yard, front. A yard extending across the front of a lot between ~'~ the side yard lines, and being the minimum horizontal distanc~e between the street line and the structure of any projections thereof,, other than the projections of uncovered steps. On comer lots and. through lots all yards which abut the street are considered front yards. Yard, rear. A yard extending across the rear of a lot between the side lot lines and between the rear lot line and the nearest structure. On lots with one front line, the lot line opposite the front lot line shall be the rear lot line. On comer lots which abut two (2) streets with front lot lines of unequal length, the rear yard line shall be opposite and parallel to the shortest front lot line. On a corner lot which abuts three (3) streets, the remaining lot line shall be a side yard if it abuts a side yard and shall be a rear yard if it abuts a rear yard. Yard, side. A yard between any structure and the side line of the lot, and extending from the front lot line to the rear yard and being the minimum horizontal distance between a side lot line and the side of any structure. A yard which is not a front or rear yard. (Ord. No. 0-89~25, 1-10-90; Ord. No. 0-91-14, § 3, 1~8-92; Ord. No. 0-93-01, §§ 37, 69, 2-24-93) Supp. No. 15 835 [The next pags is 885] City of Sebastian 1225 MAIN STREET " SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 n FAX (407) 589~5570 PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET JN{)IAN RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORII)A, WILl,, CONDUCT A PUBLIC [{EARING JANUARY 10, ].996, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS I.,OCATED AT ].225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-3.4(D)6(A) AND SECTION 20A-3.4(D)5 OF THE SEBASTIAN LAND DEVELOPMENT CODE. ROBERT AND DARLENE FISCHER, IN REGARDS TO LOT 1, BLOCK 414, SEBASTIAN HIGHLANDS UNIT 9, ARE REQUESTING A VARIANCE Ti'.) ALLOW A STRUCTURE TO BE 16.9 FEET FROM THE FRONT PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURES TO BE 25 FEET FROM A FRONT PROPERTY LINE. THE APPLICANTS Al, SO REQUEST A VARIANCE TO ALLOW A CARPORT TO HAVE A MINIMUM CLEAR INTERIOR SPACE OF 9 FEET IN WII_'Yl;H WHEREAS THE CODE REQUIRES SUCH CARPORT TO BE A MINIMUM OF 10 FEET. KATHRYN M. O'HALLORAN CITY CLER~ .fly OF S.,BASIIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WIT}{ RESPECT TO ANY MATTER CONSIDERED AT TEllS MEETING (OR HEARING) WII, I, NEED A RECORD (DF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEi')iNGS IS MADE, WHICH RECORD INCIAJDES THE TESTIMONY AND EVIDENCE UPON WHICH TIlE APPEAL iS TO BE HEARD. (286.0]05 F.S.) iN COMPLIANCE WIT{{ THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECiAl_, ACCOMMODATION FOR THIS MEETING SHOUI,D CONTACT THE CITY'S ADA COORDINATOR AT (407) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. P U B iL I S H E I'): ECEMBER 26, 1995 JANUARY 2, 1996 f~0V 07 '95 03:31P~J CII¥ OF S£BASTIF~N~i' oR I'YPE ~App1 ioa~ion No. hereby make appll~a~ion to tha Board of AdJustmmnt of thru City Sebastian, Florida for a hsaring ~o 'r~solve ~he matter(s) a~ cta~ed, This A~>plioation is for. ~/ Varian~(s), or Appe&l(s) or Special Exception, (Specify qorrect de-~ignation.) SPECIFY ALL CODE PROVISIONS WHICH YOU ARE IEEQUESTING TO BE VARIED OR ~'RE DECISION OR DECISIONS OF THE BUILDING OFFICIAL TMAT YOU ARE APPEALING:JaOtkf_~,~ Ct I~ILING ~DRESS OF ~LiCANT: _ ~~ ,, , , PHONE IF APPLICANT ~ OTHER THAN RECORD OWNER OF PARCEL ATTAOH WRITTEN AUTHORIZATION FROM OWNER T0 ~UBMIT THIS APPDICATION ON OWNER'S BEHALF. ADDITIONAL COMMENT$: Si~natur'e of Applicant Title of Applicant (if applicable) PRINT NAM~ 7kt--~ac--c~-~~6-QS an in--f-~T~ation sheet outltnln~ th-Board'~ procedures. A fee of one hundred dollars ($100,00) must accompany ~hi~ Appl ioa~ion, Approved Form Resolution No, Daced· I/We, ~he owner(e) of the property locahed at 7~'/ 9o. ba~bia.. Indian River Coun~, Florida, (~he ..printer.S'),' authorizn ~h and every member of th~ ., Board/CommisSion of the Ci%y o~" ~'~ba~ia~ ..B0ard../"Co~unission") to physic~lly enter upo~ th~ property view the ~rop.r~y in conneotion with my/our (the ..proc~eding" ) . I We her~b waive any objection or d~fenss I/w. nay }~ave, due / '; ~ -.-.-. --~ ..... ¢ ~hs nrocesdin~, rs~:ult~ng from Board/Co.~sion me~er entering or viewing the proper=y, claim or assertion khat my/our procedural or substant~vs due any -'-'-~- under the Florida Consti%utzon or }he. unihed This waiver and Con~n~ is being signed by mo/us voluntarily .and not as a resul% of any coercion applied, or promises mafl~, by any employ~, ag~n~, 'eon~ra~tor or official of ~he city of S~bm~tan. it My Commiu~ion Expire~: before me thte ~ day of MIl:Ko HUR~? I 25.00' P.6' M. 25.00' P.(~ M, ; I DRIVE /SOUTHWEST CORNER OF LOT 1 I, BLOCK GRASS AREA · 'N 89.?..57'15" E 100.00',.,'CONC. ; WALK B/~/LINE '(~ 8g'51'15' E 75.01' M,) j LOT 1 BLOCK 41 4 J ~.~, '~ N 89°57'45" ',,X/100.00',. ..-~. (N B9°52'06' w 10Oj5' Ivl.) EXISTING RESIDENCE J LoT BLOCK 4i 4 BOUNDA' Y '.LI RVEY N 89°57'15' E 100.00' P. N 89°59'40' E / 99,92'M. ~ / LOT 21 BLOCK 414 LEGAL DESCRIPTION: ..... LOT 1, BLOCK 414,'SEBASTIAN HIGHLANDS, UNIT 9 ACCORDING ]TO.THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 36 AND 3GA OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SURVEYOR'S NOTES: 1. BEARINGS BASED ON THE CENTERLINE GILBERT STREET AS N OO°O2'1 5" E AS PER RECORD PLAT. 2. NO INSTRUMENT OF RECORD REFLECTING EASEMENTS, RIGHTS OF ",,Y/AY AND/OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR, EXCEPT AS SHOWN. NO TITLE OPINION IS EXPRESSED OR IMPLIED. 3. THIS SURVEY IS NOT INTENDED TO LOCATE EXISTING UNDERGROUND jJ DATiONS, ENCROACHMENTS OR ANY IMPROVEMENTS EXCEPT O~N. ' ' 4. THE LOT SHO~N HEREON IS LOCATED IN FLOOD ZONE 'X~ PER FLOOD INSURANCE RATE MAP 12061CO079 Fo DATED JULY 2, lgg2. ABBREVATIONS: P~PLAT M-MEASURED R/'~-RIGHTOF WAY COV-COVERED 'O- SET 5J8' IRON REBAR ~ITH PLASTIC CAP STAMPED 'PLS 48g~' j - FOUND 5/8' IRON REBAR (NO CAP) ~- FOUND 1-1/4' IRON PIPE CERTIFIED TO: BOB FISCHER PREPARED BY: CECRLE LAND SURVEYING, INC. 10749:HIGH~AY U.S. 1. SUITE A, SEBASTIAN, FLORIDA 32958 PHONE (407) 388.0520 ' ' ' , cERTiFIED CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF IN CONFORMITY ~qTH THE MINIM. UM TECHNiO',L STANDARDS SET FORTH BY THE FLORIDA BOARD .OF LAND 'SURVEYORS, PURSUANT TO SECTION 472.027..OF THE FLOI~DA STATUES'AND 21HH-6 AND CHAPTER 61 G17 FLORIDA ADMINiSTRATiVE CODE, .THIS SURVEY IS PREPARED AND CERTIFIED EDP'THE EXCLUSIVE USE OF THE CLIENT OR CLIENTS NAMED , HEREON; ·TH,iS SURVEY IS NOT .VALID WITHOUT THE EMBOSSED R-RADIUS D-DELTA (Ct~NTRAL ANGLE) A-ARC LENGTH SURVEY~'$~EAL OF TH.~UNO'BF~SIGNED./~:. O.U.L.-OVERHEAD UTILITY LINES CON C-CONCRETE A/C-AICCONDITION (~-CENTERLINE' P.U.~ D,I~SMT.-PUBLIC UTILITY ~t DRAINAGE EASEMENT' ' , . ' P~S-PROFESSIONAL LAND SURVEYOR ' I~-~-~-'~--q-N-D"~'gC.~RLE, P,L.~.-4896: /J.*£ /j' City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ri FAX (407) 589-5570 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, OCTOBER 25, 1995 6:30 P.M. 1. CALL TO ORDER 2. ROLL CALL 3. OLD BUSINESS: APPROVE MINUTES OF SEPTEMBER 27, 1995 MEETING 4. NEW BUSINESS: PUBLIC HEARING: CHRISTIAN PAQUETTE, PRESIDENT, PALM LAKE CLUB OF SEBASTIAN, INC., IN REGARDS TO LOT 71, BLOCK B, PALM LAKE CLUB SUBDIVISION, PHASE III IS REQUESTING A VARIANCE FROM SECTION 20A-3.TF(6)b OF THE SEBASTIAN LAND DEVELOPMENT CODE TO CONSTRUCT A MOBILE HOME 8.37 FEET FROM THE SIDE PROPERTY LINE, WHEREAS THE CODE REQUIRES A MINIMUM SETBACK OF 10 FEET. 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 g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 c, 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 OCTOBER 25, 1995, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS. K~THR~N ~'. O' H~LLORA~ 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 g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 r~ 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 OCTOBER 25, 1995, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-3.7F(6)b OF THE SEBASTIAN LAND DEVELOPMENT CODE. CHRISTIAN PAQUETTE, PRESIDENT, PALM LAKE CLUB OF SEBASTIAN, INC., IN REGARDS TO LOT 71, BLOCK B, PALM LAKE CLUB SUBDIVISION, PHASE III IS REQUESTING A VARIANCE TO CONSTRUCT A MOBILE HOME 8.37 FEET FROM THE SIDE PROPERTY LINE, WHEREAS THE CODE REQUIRES A MINIMUM SETBACK OF 10 FEET. 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: OCTOBER 10, 1995 OCTOBER 17, 1995 City of Sebastian 1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570 MINUTES BOARD OF ADJUSTMENT WEDNESDAY, OCTOBER 25, 1995 6:30 P.M. Mayor Firfion called the Board of Adjustment meeting to order at 6:30 p.m. The Pledge of Allegiance was recited. ROLL CALL: City. Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Staff Present: City Manager, Joel Koford City Attorney, Clifton cClelland, Jr. City Clerk, Kathryn O'Halloran Director of Community Development, Bruce Cooper Zoning Technician, Jan King Deputy City Clerk, Sally Maio OLD BUSINESS Approve Minutes of September 27. 1995 MOTION by Cartwfight/Halloran I move to approve the minutes of the September 27, 1995 meeting. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwfight - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5-0 Board of Adjustment October 25, 1995 Page Two 5. NEW BUSINESS PUBLIC HEARING: Christian Paquette, President, Palm Lake Club of Sebastian, Inc., in regards to Lot 71, Block B, Palm Lake Club Subdivision, Phase III is requesting a variance from Section 20A-3.7F(6)b of the Sebastian Land Development Code to construct a mobile home 8.37 feet from the side property line, whereas the Code requires a minimum setback of 10 feet. Mayor Firtion opened the quasi-judicial hearing at 6:34 p.m. The Zoning Technician presented the variance request on behalf of staff. The City Clerk swore in all who intended to offer testimony. The Zoning Technician continued noting that if this variance is approved the location of the structure on the abutting property would still provide for a 20 foot clear space between structures and noted that the subject property is a comer lot with several trees. Pierre Paquette, 2 Bimini Circle, representing Christian Paquette, addressed City Council. Mayor Firtion closed the public heating at 6:44 p.m. MOTION by Halloran/Damp I move that we grant the requested variance based upon the fact that these are leased lots, can't be sold and it would not be a detriment to adjacent lots. Vice Mayor Corem said she thought it appropriate that a finding of fact be based on the peculiarity of the property itself. MOTION by Corum/Cartwright I move to amend the motion to add to the f'mdings of fact that the peculiarity of the way the trees are situated on the comer of the property and the unique configuration of the comer. 2 Board of Adjustment October 25, 1995 Page Three ROLL CALL: (on amendment) Mrs. Damp Mr. Halloran Mayor Firfion Vice Mayor Corum Mrs. Cartwright - nay - nay - aye - aye MOTION on amendment FAILED 2-34 (Damp, Halloran, Firtion - nay) ROLL CALL: Mrs. Cartwfight - nay Mrs. Damp - aye Mr. Halloran - aye Mayor Firfion - aye Vice Mayor Corum - nay MOTION CARRIED 3-2 (Cartwright, Corum - nay) 6. CHAIRMAN'S MATTERS None. 7. MEMBERS' MATTERS Mr. Halloran recommended that the Board of Adjustment (City Council) remove itself from determining how many parking spaces are required for commerical business. It was noted that staff was reviewing the code for revision. The City Attorney responded that the City has a comprehensive land use plan and is obliged to follow its land development regulations to implement the plan until such time as amended. Board of Adjustment October 25, 1995 Page Four 8. BUILDING OFFICIAL MATTERS None. Being no further business, Mayor Firtion adjourned the Board of Adjustment meeting at 6:54 p.m. Approved at the ~-~ ~L~ /~ L / c~9/~ ~-~ Arthur L. Firtion, Mayor Kathryn ~Vl. D Halloran, CMC/AAE City Clerk 4 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 ~ FAX (407) 589~5570 AGENDA BOARD OF A/)JUSTMENT WEDNESDAY, OCTOBER 25, 1995 6:30 P.M. 1. CALL TO ORDER 2. ROLL CALL 3. OLD BUSINESS: APPROVE MINUTES OF SEPTEMBER 27, 1995 MEETING 4. NEW BUSINESS: PUBLIC HEARING: CHRISTIAN PAQUETTE, PRESIDENT, PALM LAKE CLUB OF SEBASTIAN, INC., IN REGARDS TO LOT 71, BLOCK B, PALM LAKE CLUB SUBDIVISION, PHASE III IS REQUESTING A VARIANCE FROM SECTION 20A-3.TF(6)b OF THE SEBASTIAN LAND DEVELOPMENT CODE TO CONSTRUCT A MOBILE HOME 8.37 FEET FROM THE SIDE PROPERTY LINE, WHEREAS THE CODE REQUIRES A MINIMUM SETBACK OF 10 FEET. 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 g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 [] FAX (407) 589-5570 MINUTES BOARD OF ADJUSTMENT WEDNESDAY, SEPTEMBER 27, 1995 6:30 P.M. Mayor Firtion called the Board of Adjustment meeting to order at 6:30 p.m. The Pledge of Allegiance was recited. ROLL CALL: Cfi.ty Council Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Camvright Mrs. Norma Damp Mr. Raymond Halloran Staff Present: City Manager, Joel Koford City Attorney, Clifton cClelland, Jr. City Clerk, Kathryn O'Halloran Director of Community Development, Bruce Cooper Zoning Technician, Jan King Deputy City Clerk, Sally Maio OLD BUSINESS Approve Minutes of September 13, 199.5 MOTION by Cartwright/Comm I move we approve the minutes of the September 13, 1995 meeting. ROLL CALL: Mrs. Cartwdght - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firfion - aye Vice Mayor Corum - aye MOTION CARRIED 5-0 Board of Adjustment September 27, 1995 Page Two 5. NEW BUSINESS PUBLIC HEARING: Eugene Popow. General Manager of Sebastian Center. Ltd.. inRegards to a Property_ Located at 1627 U.S. 1. Is Requesting a Variance from Section 20A-8.2(13)of the Land Development Code to Reduce the Parking Requirements fora Medical Doctor to 3.465 Spaces (One Space for Every 200 Square Feet of Gross Building Area). Whereas the Code Requires 15 Spaces (Ten Spaces Per Doctor and Five Spaces Per Mayor Firtion opened the quasi-judicial hearing at 6:33 p.m. The Zoning Technicial presented the variance request on behalf of staff, noting that Dr. Bambrick had been practicing in that building since last year when he was denied an occupational license for not meeting the parking requirements. She said staffhad been working with him and the building's owners to remedy the problem and stated that a variance seemed to be the only solution. Eugene Popow, 952 Schumann Drive, Sebastian, explained that this was a part-time office, said that a parking survey conducted shows more than sufficient parking, and that the original tenant in that same office was a medical doctor. Mrs. Damp noted that Dr. Bambrick was affiliated with the rehabilitation center, a current occupant. Mr. Halloran inquired whether the driveway to the rear of the building could be used for parking and suggested that no other variances of this type be addressed until the code is revisited. Vice Mayor Corem suggested that the building's owners seek additional parking adjacent to their property to alleviate any future problems with medical offices. Mr. Popow said his tenant would be willing to stay with the same number of hours. 2 Board of Adjustment Meeting September 27, 1995 Page Three TAPE I - SIDE II (7:00 p.m.) Mr. Popow stated he had a management office in the building which is 697 square feet and usually staffed by one person, stated that his hardship relates to the fact that the way the parking lot is configured relative to the building prevents him from constructing additional parking and that the original building did house medical offices. He said if denied his tenant would vacate the building to be able to obtain an occupational license. MOTION by Cartwright/Corum I'd like to move that we grant a variance to reduce it down from the requirement to five parking spaces. The formula I used is one per 200 square foot, which is four and one for the employee or the doctor and I'm going to base this on the fact that 1) we have a mixed use building 2) our present ordinance is in the process of being reviewed and revised, our present ordinance is very restrictive and the hardship I believe would be that the loss of income, rental income, and the restrictive use of his building. He can only rent at this point to people who can only use four spaces, so based on all of the above I'd like to recommend five. Vice Mayor Corum noted the applicant said he would adhere to the current hours of operation. Mrs. Cartwright included in her motion that "the same number of hours and days" be adhered to. Mayor Firtion closed the public hearing at 7:10 p.m. Mr. Halloran suggested that Council grant a 180 day variance to allow the applicant to continue pending any code revisions. "To grant a temporary variance not to exceed 180 days" was added to the motion. Vice Mayor Corem concurred. Board of Adjustment Meeting September 27, 1995 Page Four ROLL CALL: Mrs. Cartwright Mrs. Damp Mr. Halloran Mayor Firtion Vice Mayor Corum - aye - aye - aye - aye MOTION CARRIED 5-0 6. CHAIRMAN'S MATTERS None. 7. MEMBERS' MATTERS None. 8. BUILDING OFFICIAL MATTERS None. Being no further business, Mayor Firtion adjourned the Board of Adjustment meeting at 7:12 p.m. Approved at the Meeting. 1995, Regular City Council Arthur L. Firtion, Mayor Kathryn M. O'Halloran, CMC/AAE City Clerk 4 City of Sebastian 1225 MAIN STREET g SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589-5330 E] 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 OCTOBER 25, 1995, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A-3.7F(6)b OF THE SEBASTIAN LAND DEVELOPMENT CODE. CHRISTIAN PAQUETTE, PRESIDENT, PALM LAKE CLUB OF SEBASTIAN, INC., IN REGARDS TO LOT 71, BLOCK B, PALM LAKE CLUB SUBDIVISION, PHASE iii iS REQUESTING A VARIANCE TO CONSTRUCT A MOBILE HOME 8.37 FEET FROM THE SIDE PROPERTY LINE, WHEREAS THE CODE REQUIRES A MINIMUM SETBACK OF 10 FEET. 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 COMPI, IANCE 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 OCTOBER 10, 1995 OCTOBER 1_7, 1995 PLEASE PRINT OR TYPE ReceJ red on Application ~.~ OF FB~T I AN AP~~ AT!QN TO ~ OF AD~..USTMENT No. 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. Legal Description of Land in Issue: ~o '~/ ~3~LOc~/~ ~'~ tg, q,:. rn ~-- ~ ~ ~£ (2 ~ ~,/'$ :~7(/~,;~'/z.,,'o/,J. '-/>/i r?:; ZF 77T~ Zoning Classification /9'? /:L: ::C" , Land Tl~is Application is for .Variance(s) , or Appeal(s) or Special Exception. (Specify corr~-~'~'~-ignation.) SPECIFY ALL CODE PROVISIONS WHICH YOU ARE REQUESTING TO BE VARIED OR THE DECISION OR DECISIONS OF THE BUILDING OFFICIAL THAT YOU ARE APPEALING: Nm~ OF OWNER(S), STREET ADDRESS OF PARCEL IN ISSUE: MAILING ADDRESS PHONE NUMBER OF IF APPLICANT IS OTHER THAN RECORD OWNER OF PARCEL ATTACH WRITTEN AUTHORIZATION FROM OWNER TO SUBMIT THIS APPLICATION ON OWNER'S B E H AL F. ADDI'PIONAL COMMENTS: . '7'/]/5 Signature of--~icant Title of Applicant (i~ applicable) PRINT NAME ~.~a,~ t~O~.'L (..,._.~,,?_) -~.~,~l,',)c. · A%~-~h-~a--~"~J-~.ag A~- iS'[hYdration sheet outlining the Boara' s procedures. A fee of one hundred dollars ($100.00) must accompany this Application. .-f~ Z..~. 0 .? Approved Form ~;-- I~'-- Resolution No. Dated: ~AIVER AND CONSEN~ I/We, the owner(s) of the prope]:ty located at 2!_.~~~~/'~-C/,d? Sebastian, Indian River County, Florida, (the ,,Property"), hereby authorize ~ap~l and every member of tile Board/CommisSion of the City of ~b~ti'~n ( 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 w~re 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 S~baotian. Dated this /'/.~_ day of <~-Z~'~L?~ , 199 ~ and subscribed , 19d~__- My Commission Expires: before me this ./ ( day of Notary- Public LOT 70 BLOCK B MODULAR RESIDENCE z~_~ ~.,SCALE 1" = 20' I NORTH NOT SUBDIVIDED J ( ~o.o~' M. ) J 28' S O0° 14'00" E 80.O0' p J ~ ,/ ' ~ 30.00' P.b' M. / LOT71 .... I ~ 29.66' ~. ~ o o ASPHALT PAVEMENT ( 109.18' M. ) 109.13'P N O0° 14'O0" ~/ . 20.5'~- TREASURE CIRCLE ( 60' RIGHT-OF-~VAY ) PATIO R/W LINE 432.30' M. ) ,__ 20.6,~O.._ -- 4---- 43ZJ.87, - I I BOUNDARY SURVEY LEGAL DESCRIPTION: LOT 71, BLOCK B, PALM LAKE CLUB SUBDiViSION-PHASE IIi ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGES 10 AND IOA. OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SURVEYOR'S NOTES: 1. BEARINGS SHOWN ARE BASED ON THE CENTERLINE OF TREASURE CIRCLE AS N OO°14'00" W PER RECORD PLAT. 2. NO INSTRUMENT OF RECORD REFLECTING EASEMENTS, RIGHTS OF WAY AND/OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS SHOWN. NO TITLE OPINION IS EXPRESSED OR IMPLIED. 3. THIS SURVEY IS NOT INTENDED TO LOCATE EXISTING UNDERGROUND FOUNDATIONS, ENCROACHMENTS OR ANY IMPROVEMENTS EXCEPT AS SHOWN. 4. THE LOT SHOWN HEREON IS LOCATED IN FLOOD ZONE "X" PER FLOOD INSURANCE RATE MAP 12061C0079 F, DATED JULY 2, 1992 ABBREVIATIONS: P-PLAT M-MEASURED R/NV-RIGHT OF WAY A/C-AIR CONDITION CL-CENTERLiNE COV.-COVERED O.U.L-OVERHEAD UTILITY LINES CONC.-CONCRETE PLS-PROFESSlONAL LAND SURVEYOR R-RADIUS A-ARCLENGTH D-DELTA (CENTRAL ANGLE) PU&DE-PUBLIC UTILITY 6- DRAINAGE EASEMENT PK-PARKER KALON (BRAND NAME) BOUNDARY SURVEY DATE 1-8-1995 FOUNDATION LOCATION 3~14-1995 SCALE 1 "= 20' LEGEND: &- FOUND NAIL 6- 1-3/8" DISK IN PAVEMENT ( PERMANENT CONTROL POINT ) ,~-SET P,K. NAIL 6. 1' DISK A- FOUND NAIL O ' SET 5/8" IRON REBAR WITH PLASTIC CAP STAMPED "PLS 4896" CERTIFIED TO: PALM LAKE CLUB PREPARED BY: THOMAS RANDALL CECRLE, PROFESSIONAL LAND SURVEYOR 10749 HIGHWAY U.S. 1, SUITE A.. ~.EBASTIAN, FLORIDA 32958 PHONE (407) 388-0520 CERTIFIED CORRECT 1'O THE BEST OF MY KNO'~/LEDGE AND BELIEF IN CONFORMITY Wlli'J THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO SECTION 472.027 OF THE FI.OR,DA STATUES AND Z l I'tH-~ AND CHAPTER 61 G17 FLORIDA ADMINISTRATIVE CODE, THIS SURVEY IS PREPARED AND CERTIFIED FOR THE EXCLUSIVE USE OF THE CLIENT OR CLIENTS NAMED HEREON, Tills SURVEY IS NOT VALID WITHOUT THE EMBOSSED SU RV E yo p.~.S-~..a~ O F T H E .U4'4 L"~,~'I]E N E D. FIELD BOOK L.L. SHEET 1 OF t PROJECT NUMBER 95-O3,71 CRk,~IEN 1RO/14PSON & ASSOCIATES INC. Engineers Planners Surveyors i Indian River Bird, Suite 301 Vero Beach, FL 32960 (4o7) 7783002 Fax (4O7) 569-9303 Home Office: 3563 N.W. 53rd Street Fort Lauderdale, FL 33309-6311 (305) 739-6400 Fax (305) 739-6409 West PaLm Beact~ October 25, 1995 The Mayor and Council Mr. Joel Koford, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Via Delivery RE: Council Workshop November 1, 1995 Storm Drainage and Flood Control Dear Mayor, Council and Mr. Koford, Thank you for scheduling the Stormwater workshop for November 1. With a few months on the job, we have accumulated lots of questions, concerns, and drainage complaints. Certainly, at this point, we don't have all the answers. But, this Council has taken on the important and timely task of starting this work in earnest and it is now time to discuss the directions to be taken. In the following document, we have attempted to summarize the issues we hope you'll discuss with us, along with any you want to add. It is important to keep in mind that there are sources of funds to help out in a significant way; once our needs are planned and we seek the funds, we are confident that there will be significant help from the Water Mana.gement District, and the state and federal environmental agencies. Looking forward to a meaningful discussion, ociates, Inc. resident Sebastian City Council Workshop on Stormwater Management November 1, 1995 Purpose of this Meeting: To present and discuss the goals and benefits of this Council's positive action to effectively begin a stormwater management program which will: -protect the lives and property of the Citizens of Sebastian -protect and enhance the unique and precious environmental setting of Sebastian -enhance the safety and convenience of Citizens during storms -enhance Sebastian property values and image Introduction: The City of Sebastian lies in one of the State's most unique and important environmental settings; this City Council has chosen the proper moment to take effective steps to manage and control stormwaters. In Florida, storms are the most significant threat to human safety and comfort, to property and property values, and to the environment. We have recently seen the prolonged agony and significant damage caused by flooding in Palm Beach and Lee Counties, and the City of Sebastian is no stranger to standing water and flooded, deteriorating streets.. In addition, the St. Sebastian' River and the Indian River Lagoon are most threatened by floodwaters and their pollutants. In beginning our work, CTA has met with the environmental and stormwater management agencies concerned with the area; we have found strong support for the efforts that Sebastian is now making. They concur with us that this City, now feeling the inevitable pressures of new building, has a real and vital opportunity to make a significant difference, both in the City and its environment. In fact, the Florida DEP and the federal EPA have stated their intention to give Sebastian one of their largest-ever grants under the section 319(h) program to help get these stormwater management efforts underway. And, the St. John's River Water Management District is already taking steps to assist the City in reaching both its near term and long term goals. These agencies want this City to succeed; they very much want and need an example of how proper management should be done. When completed, this undertaking will have made the City a better place, a unique example of how a City can make a vast development tract into a well managed meeting of man and nature. Sebastian, at the confluence of two rivers and the site of this Nation's first wildlife refuge, will become well known and valued for this successful work. History of the Project: Ponce de Leon wrote the Queen that 'Florida is not fit for man nor beast'. In many ways, he was right; certainly, it is not the most hospitable place for cities. But, the attraction of the climate and natural setting prevailed, and today, Sebastian is the fastest growing city in Indian River County. With its long history, and slow development for the first 75 years, Sebastian adjusted to the then minuscule pressures of growth. But the Mackle brothers came and, 'in a stroke' platted, and then developed some 5,500 acres. The 5,500 acres they chose as Sebastian Highlands was, in fact, rather high in elevation above sea level. But, it is very flat, and the soil layers underlying are for the most part, impenetrable by rainwater. The Mackles' development is dense: 14,000 single family lots, commercial tracts, and even a few parks. Unlike standard urbanization of cities, the Mackles marketed a land investment, a dream retirement area, and the lots were developed even decades in advance of building demand. They planned the stormwater drainage to rural standards with swales and ditches; low first costs, but high maintenance. And, they designed the system for fewer, smaller homes, and smaller storms than today's standards. In the 1970's, industry experts predicted that the Mackles' new towns would never be built up, and that the infrastructure would simply disintegrate. They were wrong on the first count, but right on the second. For years, there were few residents to either voice concern or support the cost of maintaining the Mackles' hundreds of miles of roads, swales, ditches, and canals. As the culverts, ditches, and swales plugged, the rainfall simply accumulated in unused streets and lots. Eventually it ran off or evaporated. Population and cost pressures have moved much of Florida's in-migration away from traditional areas, and some of those seeking a better, less urban life style at a reasonable cost have found our area. The building of homes has put more water in the system, and more people to be inconvenienced by it. Now, the density of building has increased to a 'something must be done' level. And meanwhile, other pressures have come into being. Over the past twenty-five years, environmental awareness, concern, and regulation have become a major force in our lives. In recent years, the vital importance of the St. Sebastian River and the Indian River Lagoon have received state wide and national attention. There will soon be even more stringent regulation on stormwater discharge into these critical waters. The City welcomes this, however. This is, after all, the birthplace of the Nation's wildlife preserves; it remains one of the most pristine areas in all of coastal Florida. Preservation of this aspect of Sebastian will only assure and enhance the City's future vitality and value. Those seeking to escape 'urban Florida' will drive values higher. The Challenges: Public safety and convenience; environmental preservation and enhancement; fiscal responsibility: all worthy goals, but often very diverse and even oxymoronic. Yet, these challenges have been undertaken by this Council. The timing of this undertaking is right; there is a coming confluence of population pressure, environmental pressure, and potential for financial support. Public Safety and Convenience: The City must above all, take the appropriate steps to minimize the risks to lives and property. The stormwater systems should at the minimum, keep water out of homes, and provide for passable streets. From this base standard, the City's goals should include prevention of flooding to septic systems and wells, and provide for driveable streets during most rainfalls. These are essential safety standards. Convenience standards include the goals of non-flooded roads during all but the most severe storms, elimination of long term puddles and pools, and swales that dry periodically. These standards require more maintenance, and more infrastructure, and therefore, more money. They are discretionary goals, yet standards must be set. Environment: The principal environmental goal of the City must be to manage the amount and quality .of the waters it discharges into the St. Sebastian and Indian Rivers. Not only are there current and forthcoming regulations that control this, but it is in the City's vital interest. As Sebastian is the only principal development in the whole watershed, this City can set the standard for what can and must be done. Current regulations require retaining stormwater for treatment and some limitation of discharge quantity; future limitations will require more treatment and control of freshwater discharges into the rivers. The City should make every feasible effort to meet these standards. Finance: Even if it doesn't build a better stormwater system, the City faces financial challenges as the existing system continues to deteriorate. Further degradation is inevitable, so this is a challenge to be addressed in any case. The amount of finance to be obtained is, as of yet, undetermined. It will depend on the City's definition of standards, the balance between capital and maintenance costs, the timing of improvements, and fiscal sensitivity to the Citizenry. We must derive a plan that is fiscally realistic. The goal of the City clearly should be to minimize the financial impact on the Citizens, by maximizing opportunities for cost savings through planning and controls, and by maximizing cost sharing with other governmental bodies. Meeting the Challenges: This Council has chosen appropriate timing from the safety, environment, and fiscal standpoints; it is not too late. Not many Florida cities have that option; none in this area still have it. Severe flooding hasn't occurred; the rivers aren't ruined; there is land left to accomodate the controls Because Sebastian sits in a critical position, geographically and developmentally, to 'make or break' the watershed, we can expect to receive help. If this Council appropriately endorses the goal of environmental protection of the watershed and the two rivers, then there will be regulatory and financial support from regional, state, and federal agencies. Then, the City will not only preserve and enhance its own future and that of the Rivers, but it will serve as the agencies' model of what can be done. These are the steps that CTA recommends to the Council: Formally state that the City of Sebastian will plan and implement a Stormwater Management System that, on a best efforts basis, meets current and future treatment and discharge limitations, as well as appropriate public safety standards. By committing the City to these standards, the City can expect the regulatory agencies to cooperate in current approvals for maintenance and improvements of the drainage infrastructure, without making each individual project come into compliance with the current standards. (see attached letter from SJRWMD, Appendix I). in addition, the City can expect cooperation and support with future financing assistance. Request the assistance of the St. John's River Water Management District in planning, acquisition, development, and maintenance of a large, multi-function tract that will serve as a stormwater retention basin; an environmental preservation, restoration, and learning area; and a recreation, canoeing, boating, and fishing area. CTA has already identified a major, necessary component of the SWMS, some 450 acres in the middle of the City that is undeveloped and environmentally sensitive (see attached letter to SJI~WMD, Appendix II). This area could well serve as the major retention area for stormwater for most of the City, and it is the only area that is large enough and properly situated. In addition to serving the stormwater needs, this area could be developed into an important environmental and recreational facility, right in the middle of Sebastian. CTA has explored the potential for developing fishing and recreation with the Water Management District, and it is seen as a viable project. St. John's does have funds for acquisition of preservation, mitigation, and recreation. If the City will make it policy to pursue these funds, and assist CTA in this pursuit, we believe there will be significant assistance for this keystone of the stormwater management system.' Direct CTA to develop a Conceptual Stormwater Master Plan and Cost Studies, and assist the City in evaluating financing alternative. If so directed by the City, CTA would, within 60 days, develop a Conceptual Master Plan and Cost Studies. These would be based on the best available information from the records of the City and the archives of General Development Corporation. The plan and cost studies would provide preliminary evaluation based on the regulatory standards, and the various alternatives for drainage standards (such as the design storm, acceptable flood levels, and dry swales). These preliminary studies would incorporate not only capital but maintenance costs. CTA would then work with the City Manger and Finance Department to outline various financing alternatives. CTA envisions that these alternatives would be completed and ready for evaluation and action by Council in early January, 1996. Upon review of the Conceptual Master Plan and the financing alternatives, commit the City to implementation by initiating the finance program, completing the final master plan for the Stormwater Management System, and implementing priority projects. The Council will have the information upon which to decide the fiscally achievable standards for safety, convenience, and environmental protection. In combination with the financing options, then the Council can select the implementation course most appropriate to the City. With these choices made, then CTA and the City's staff can actively begin the actual implementation of the Stormwater Management System. Conclusion: With this Conceptual Master Plan and a feasible financing plan selected, the City can implement a stormwater management system that effectively and efficiently moves Sebastian into a decade of ever-improving drainage conditions, and makes the City an example of what can be done to with proper planning and management. This City has already set high standards with its comprehensive plan, and its Riverfront district. With the same attention and care focused on the Stormwater Management System, this too will be a standard setting example. City of Sebastian Council Workshop on Stormwater: November 1, 1995 Appendix I Letter from SJRWMD regarding Interim Permitting In this letter from SJRWMD, the agency is stating that they will not require the City to meet the current standards for stormwater management in each individual project, if the City has demonstrated its intent to develop an overall stormwater management system. October 25, 1995 Mr. John Hill, P.E. 2770 Indian River Boulevard, Suite 301 Veto Beach, FL 32960 Re: City of Sebastian Drainage improvements Dear Mr. Hill: Thank you for meeting with tm on October I8, 1995 to discuss proposed drainage improvements within the City of Sebastian. In the meeting, we discussed initial impro¥cmen~s which included piping existing ditches and swales and ortner improvements designed to improve drainage within several smaller drainage basins which are experiencing ponding and flooding problems. As we discussed, piping of ditches and swales will require permits from the District. You indicated in the meeting that construction of stormwater ponds to provide stonnwater treatment and peak flow attenuation is not feasible for the initial improvements. In these basins, the only water qt~ality improvements which appear to be feasible are sediment sumps or sediment baffle boxes which can be located within .~tormwater inlets or placed within the pipe systems. Because it appears that 'the initial phases of the drainage project will not meet District requirements for water quality and flood attenuation, we di~ussed providing water quality and flood attenuation improvements in other drainage basins within the master drainage plan wkere areas are available for stormwatcr storage areas. These storage areas would be used to compensate for the piping and other drainage improvements constructed in the initial drainage improvements. As we discussed, these, improvements need to be included in the City's master drainage plan which could be submitted to the District under a conceptual permit application. Prior to District approval of the initial drainage improvements which will not meet District rules, the District requests that the master drainage plan be submitted to the District for review and approval. I look forward to working with you on tilts project and believe that the City and the District can work: together to maximize water quality and llooding improvements within the City. If you have any questions, plea~ call me at (407) 9844940. Sincerely, Ralph Brown, P.E. Department of Resource Management cc: lotto Juilianna Joel Steward Perry lennings Marry Srtfithson City of Sebastian Council Workshop on Stormwater: November 1, 1995 Appendix II Letter to SJRWMD regarding Retention Area In this letter, CTA requests the SJRWMD to assist the City in the acquisition, planning, development, and management of a large (450+_Acre) tract to be used for stormwater retention and treatment, environmental preservation, enhancement, and learning, and recreation. CTA is asking the Council to endorse this concept and formally request assistance from the St. John's River Water Management District and any 'sister' agencies that may have an interest. CRAVEN THOMPSON & ASSOCIATES, INC. 2770 INDIAN RIVER BOULEVARD, SUITE 301 VERO BEACH, FLORIDA 32960 October 17, 1995 St. John's River Water Management District c/o Mr. Martin W. Smithson, Interagency Program Manager 1900 South Harbor City Blvd., Suite 107 Melbourne, FL 32901 TI~LI~PHONI~: 1 407 778 3002 TELEFAX: 1 407 569 9303 City of Sebastian Stormwater Management Plan Stormwater Management-Recreation-Preservation Area Dear Mr. Smithson, The City of Sebastian lies at the confluence of the St. Sebastian and Indian Rivers, and within its almost 9,000 acre watershed, some 75% is already developed. Over 5,000 acres was developed by GDC in the Sebastian Highlands subdivision, to typical GDC standards. Over 90% of the City drains westward, unfettered, into the St. Sebastian. The City's Administration and Council has recognized its strategic environmental location, and the vital role that a proper SWMS could have in reversing degradation of the St. Sebastian River. At the same time, the City has a clear need to improve the substandard drainage of the streets and yards, as build-out proceeds on the 14,000 existing lots. In order to meet the needs of both man and nature, Sebastian urgently needs a major retention basin to store and treat stormwaters. This opportunity currently does exist in the City, although development pressures are "moving in". There remains a tract of some 400-450 acres, well located for our purposes, in the center of the City, and adjacent to the City's major drainage canal. This tract is in just two ownerships, the west 1/2 owned by Atlantic Gulf, the successor to GDC; the other (east 1/2), by an individual. Much of the land is likely to be under jurisdictional control. The acquisition and use of this tract for retention and treatment, preservation, and recreation is the keystone that would enable the City to effectively meet the environmental goals of the St. Sebastian-Indian River management plan. We feel that there would be broad public support for this concept, especially if there are preservation-recreation uses included We respectfully request that the District review of this concept. If the District concludes, as we have, that there is merit in pursuing the incorporation of this tract into the City's SWMS, then we would ask for your guidance and support in the further planning of the concept, and the acquisition, development, and management of the area. Si~ ~erely, CJ ~e~ Thomp/~on &. Associates, Inc. t ~.~1, P.E., Vice President enclosed: maps and infrared aerial ELKCAM DAM CRAVEN * THOMPSON & ASSOCIATES. INC. ENGINEERS PLANNER5 SURVEYORS SOUTH PRONG WATERSHED CITY OF SEBASTIAN 32976 LITTLE HOLLYWOOD 32958 SPRIN~ ESTATES HI[ · Pro/~osed Area CRAVEN THOMPSON & ASSOCIATES, INC.__~ ~cole: l" = 1000'+/-