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HomeMy WebLinkAbout12-11-2025 Attorney's LetterDILL, EVANS & RHODEBACK — ATTORNEYS AT LAW — Warren W. Dill, Esq. also admitted in WY D. Johnathan Rhodeback, Esq. also admitted in NY Raul A. Perez, Esq. LLM Master of Law- Taxation Mark W. Packard, Esq. also admitted in NJ Kenya L. Matthews, Esq. LOCALGOVERNNIENTS • COMMUNI-FY ASSOCIATIONS • BUSIN,SSLS REAL ESTATE • CIVI I I IIIG,ATION • El DER LAW December 11, 2025 VIA ELECTRONIC MAIL: ABernard@citvofsebastian.ore_ and dbosworth@CitvofSebastian.orl; Alix Bernard, Community Development Director Dorn Bosworth City of Sebastian, FL 1225 Main Street Sebastian, FL 32958 Re: Ameron Boat & RV Storage — 45 Ashbury Boulevard Schulke, Bittle & Stoddard Project #18-143 Waiver Request of Section 54-4-21.A.5(a)3) Dear Mses. Bernard and Bosworth: Pursuant to Section 54-4-21.6 of the City's Land Development Code, please allow this letter to serve as my client's formal request for a waiver of the prohibition on front - yard fences contained in Section 54-4-21.A.5(a)(3). As acknowledged in the City's Staff Review Comments dated October 8, 2025, the above -referenced project contemplates the installation of a chain -link fence around the development on the subject property, including the front yard. Chain -link fences, however, are prohibited in front yards pursuant to the design criteria codified in Section 54-4-21.A.5(a)(3). The subject property will be developed as an outdoor boat and RV storage facility. Fencing is of paramount importance for outdoor storage facilities to prevent unauthorized access, theft, and damage to valuable property. Accordingly, the perimeter of the facility will be fully enclosed within a fence. If chain -link fencing is precluded in the front yard of the subject property, the front yard portion of the fence will be constructed of differing material than the remainder of the fence. This would 1565 US Highway 1 Sebastian, FL 32958 Phone (772) 589-1212 - Fax (772) 589-5212 Attorneys!&! D i I I Evans.com Letter to Alix Bernard and Dorri Bosworth December 11, 2025 Page 2 of 2 defeat the aesthetic purpose of the requirement. Furthermore, the plans contemplate maintaining much of the foliage along CR-512, which will serve as a natural buffer, and my client will ensure that the chain link fence is green or black on all sides to blend in with the surrounding foliage. See Section 54-4-21.A.5(e)(4). It is hopeful the City will grant my client its waiver request so that the project can move forward as intended. Thank you for your time and consideration. Sincerely, D.Johnathan Rhodet