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HomeMy WebLinkAbout10092002BOA BOARD OF ADJUSTMENT M I N U T E S OF REGULAR MEETING OCTOBER 9, 2002 Mayor Barnes called the Regular Meeting to order at 6:30 p.m. The Pledge of Allegiance was recited. ROLL CALL: PRESENT: Mayor Walter Barnes Joe Barczyk Ray Coniglio Vice-Mayor James Hill Edward J. Majcher, Jr. ALSO PRESENT: Jan King, Growth Management Director Sally Maio, City Clerk Jennifer Maxwell, Record Management Specialist ANNOUNCEMENTS: None APPROVAL OF MINUTES: Regular Meeting -_5/22/02 MOTION by Barczyk/Coniglio "Move to approve the regular meeting of 5/22/02." Mr. Hill asked if the royal palm trees have been inspected to see how the attachment has been made. OLD BUSINESS: None NEW BUSINESS: A. JACK MORROW, in regards to Lots 13 & 14, Block 187, Sebastian Highlands Unit 8 (841 Sebastian Boulevard), is requesting permission to construct a building addition which will have a 66 foot front yard setback, whereas the code requires a minimum 74 foot front yard setback. The City Manager introduced the Growth Management Manager for a presentation. The Growth Management Manager explained that with this variance, Mr. Morrow was asked to upgrade his building to keep with 512 overlay district standards and that his site plan includes plans for parking, landscaping and an addition which will extend into the setback area causing the need for this variance. The Planning and Zoning Commission approved the site plan with the condition that some architectural relief would be provided to the structure. Mr. Hill asked about the layout of neighborhood businesses. The Growth Management Manager explained that the setback would work very well to provide access to the rear driveway and neighbor's property. Mr. Hill also asked about the access road from Board of Adjustment Meeting October 9, 2002 Page Two Sebastian Boulevard. The Growth Management Manager stated that access is planned for the future when the east side is developed. Bruce Moia, Mosby & Assoc., representing the applicant explained the peak includes covering over the sidewalk and the entrance to give it a third dimension. Mayor Barnes questioned the hardship and CR512 Overlay criteria. The Growth Management Manager said the applicant would be meeting the 512 Overlay criteria. MOTION by Barczyk/Majcher "I move to approve the variance on condition that the structural relief will be met to break up the building as such." ROLL CALL: Mr. Barczyk -aye Mr. Coniglio -aye Mr. Majcher -aye Mayor Barnes -aye Mr. Hill -aye MOTION CARRIED 5-0 CHAIRMAN'S MATTERS: None MEMBER'S MATTERS: None STAFF MATTERS: None Being no further business, the meeting was adjourned at 6:47 p.m. Approved at the 12/~_1/02 Board of Adjustment meeting. Walter W. Barnes Mayor Sally A.AV[a~xo, CMC City Clerk BOARD OF ADJUSTMENT CITY OF SEBASTIAN, FLORIDA IN RE VARIANCE APPLICATION OF: Jack Morrow for property at 841 Sebastian Boulevard FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER THIS CAUSE came on for public hearing before the CITY COUNCIL sifting as the BOARD OF ADJUSTMENT of the CITY OF SEBASTIAN, on October 9th, 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 September 25th, 2002, in the 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. 3. Further development of the subject property at the now required setbacks would conflict with the established pattern of development in the immediate area, which pre-existed the current setback requirement. THEREFORE, based on a careful consideration of the evidence presented in this matter, the BOARD OF ADJUSTMENT makes these CONCLUSIONS OF LAW That special conditions or circumstances that were not created by applicant exist, creating a hardship in the use of the subject property and, further, the grant of this variance will not be confer special privileges, is not injurious to public welfare or the intent of existing ordinances, and is the minimum variance required to rectify the hardships. ACCORDINGLY, the Board enters this ORDER That the application is APPROVED, and a variance is granted for Lots 13 & 14, Block 187, Sebastian Highlands Unit No. 8 reducing the required front yard setback from 74 feet to 66 feet. DONE AND ORDERED in Sebastian, Indian River County, Florida, this 9th day of October, 2002. CITY OF SEBASTIAN, FLORIDA ATTEST: CLERK TO THE BOARD OF ADJUSTMENT I~lay0r WAiter B~rnes, as Chairman BOARD OF ADJUSTMENT HOME OF PELICAN ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE (561} 589-5537 · FAX {561) 589-2566 AGENDA BOARD OF ADJUSTMENT WEDNESDAYT OCTOBER g, 2002 6:30 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 - 5~22~02 A. Jack Morrow, in regards to Lots 13 & 14, Block 187, Sebastian Highlands Unit 8 (841 Sebastian Boulevard), is requesting permission to construct a building addition which will have a 66 foot front yard setback, whereas the code requires a minimum 74 foot front yard setback. 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, 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 appel[red, Koran Trope, who on oath says that she is a Classified Legal Advertising Representative of the Press Journal, a dally newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement was published in the Press Joumat in the following issues below. Affiant fudher 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, lor a period of one year next preceding the first publication of attached copy of advertisement; and affiant further says thst 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 mst[er at the Post Office in Veto Beach, Indian River County. Florida and has been for a pedod of one year next preceding the first publication of the attached copy of advertisemenL Ad # Name Date Price Per Day PO # 2528362 City of Sebastian 09/2512002 $76.32 Jack morrow Total $76.32 Subscribed and sworn to me before this date: MENT OF THE CITy OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEAR- lNG OCTOBER 9, 20(~2; AT 6:3a P.M. IN; THE CITY 2-5.3~1: (dj(5) OF THE I~EQUEST1N'G PERMISSION REQUIRES' A MINIMUM 74 FOOT FRONT YARD ~OARD OF ADJUSTMENT ZITY OF sEBASTIAN : ~ITH RESPECT TO A~IY ENSURE THAT A VERBATIM ING~ IS MADE; WHICH RECORD INCLUDES THe PESTI~AONY AND EVI- ATTENOANCE OF THIS HOME O!~ ?EUCAN ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 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, FLORIDA, WILL CONDUCT A PUBLIC HEARING OCTOBER 9, 2002, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 54-2-5.3.1(d)(5) OF THE SEBASTIAN LAND DEVELOPMENT CODE. JACK MORROW, 1N REGARDS TO LOTS 13 & 14, BLOCK 187, SEBASTIAN HIGHLANDS UNIT 8 (841 SEBASTIAN BOULEVARD), IS REQUESTING PERMISSION TO CONSTRUCT A BUILDING ADDITION WHICH WILL HAVE A 66 FOOT FRONT YARD SETBACK, WHEREAS THE CODE REQUIRES A MINIMUM 74 FOOT FRONT YARD SETBACK. 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 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 (561) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. TWO OR MORE CITY COUNCIL MEMBERS MAY BE iN ATTENDANCE OF THIS MEETING. Published September 25, 2002 City of Sebastian Development Order Application Permit Application No. Applicant (If not owner, written authorization (notarized) from owner is required) Name: Jack Morrow Address; 7550 N.W. South River Drive, Medley, FL 33316 Phone Number: (305) 883-- 9034 FAX Number: (305)883 "9034 E-Mail: Owner (if different from applicant) qame: Same Address: Phone Number: ( ) FAX Number: ( ) E-Mail: Type of permit or action requested: Variance of required front setback PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE A~-FACHED AND 81/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project's Name (if applicable): Jack Morrow office building expansion B. Site Information Address: 841 Lot: Unit: Subdivision: Sebastian Highlan~.s 13 & 1,~ck: 187 8 Indian River County Parcel #: 13-31-38-00002-1870-00013.0 / 00014.0 Zoning Classification: Future Land Use: Existi~ ds~? Commercial Proposed Use: C-512 Commercial C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Addition of storaqe buildinq DATE RECEIVED: ~ //// O ~ FEE PAID: $ ZOO-(20 RECEIVED BY: Form CD-2001 Page '/of 3 Development Application Approved: 08/27/97 Revision: File Nan~e: Doa Permit Application No. D. Project Personnel: Agent: N/A Address Phone Number: ( ) FAX Number: ( ) E-Mail: Attorney: N/A Name: Address Phone Number: ( ) FAX Number: ( ) E-Mail: Engineer: Name: Mosby and Associates Address 2455 14th Avenue Vero Beach, FL 32960 Phone Number:(772) 569 0035 FAX Number: ( 772) 778- 3617 E-Mail: MosbY001 @yahoo. com Surveyor: Name: James A. Fowler Address 929 7th Avenue, P.O. Box 1677 Vero Beach, FL 32960 Ph0neNumber~(772 ) 562 4744 FAXNumber2 (772) 562- 0963 E-Mail: N/A I, -- ~7R¢~ M~'%O'.? ., BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPER~Y DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPDCA/ION AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE , 7 Si~;~ ~ DATE ~ I~ 'RSONALLY KNOWN TO ME OR pRO~UC[D AS IDENTIFICATION, THIS F~ DAY OF PRINTED NAME OF NOTARY COMMISSION No.t~PIRATION S~AL: ~{%~ ~ ~ ~, ~- ALA rFOrm CD-200~ eyed: 08/27/97 Pa¢e 2 of 3 Revision: Development Application File Name: Doa Permit Application No The following is required for all comprehensive plan amendments~ zoning amendment (including rezoning), site plans, conditional use permits, special use permits, variances, e×ceptlons, and appeals. , ~ ~' TNEOWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPER~ DESCRIBED WHICH IS THE SUBJECT OF THS APPLCATION HEREBY AUTHORIZE EACH AND EVERY MEMBER OF TFIE BOARD/COMMiSSION OF THE Cl~ OF SEBASTIAN (THE"~OARD"/"COMNllSS ON") TO PHYSICALLY ENTER UPON THE ~OPER~ AND VIEW THE PROPER~ IN CONNECTION WITH MY/OUR pENDING APPLICATION. I~E HEREBY WAIVE ANY OBJECTION OR DEFENSE I~E MAY HAVE. DUE TO THE QUASi-JUDICIAL NATURE OF THE pROCEEDINGS, RESULTING FROM ANY BOARD/COMMISStON MEMBER ENTERING OR VIEWING THE PROPERS, iNCLUDING ANY C~IM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIOA CONSTITUTION OR THE UNITED STATES OONSTITUTiON WERE V~O~TED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BE NG SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMI~S MADE'BY 8~MPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CI~ OF SEBASTIAN. 7-lq-az Sworn to and subscribed before me by ~ ~ 0¢¢0~3 who is personsIIv ~own to me qr produced ~-' "-s'n da'of ~ ,~ as IdenbflCaUon,~n Z7 Y ~,~ '~ ' - Notaw,s Signature ~~- Printed Name of Notaw Commission No,/Expiration _ ~%.~ .... ~. Seal: ~[~)~ ~ S~. ~o, Z~ pa~ 3 of 3 I Development Application tF°rmcD-2001 --JRevision: --J-~lfeName:"~-oa Approved: 08/27/97 Permit Application No. Supplemental Information Application to the Board of Adjustment . 1. This application is for a (check one): × variance(s) appeal(s) x X 2. Specify all code provisions for which a vadance is being requested or the decision or decisions that you are appealing (attach extra sheets f necessary): Sec. 54-2-5.3.1 (d)(5), Front yard setback of 74' to be reduced to building to the East West. 66' to match existinq on-site and the off-site buildinq to the x 3. Legal description of the property involved): Lob lq & 14 ~ Block lS7; [~n~ X 4. Attach the following: x x x c. Boundary survey of the property executed by a Flodda Registered Surveyor. The survey shall show the dimensions of the lot or parcel at issue, the location of ail structures, if any, along with adjacent streets, and all easements and right-of-ways. Additional data and information as required to properly advise the Board of the facts and circumstances needed to decide the case on its medts. The names and addresses of all property owners whose property or part of their teat property is within 300 feet of any outer boundary of the lot or parcel of land that is subject of the application. IForm CD-2003 Page I of I I Board of Adjustment Approved: 08/27/97 Revision: I File Name: $iboa Project Name: HOt61[ O~ PgiAC. AIq ISLAt4D Growth Management Department Variance Application - Staff Report Building Addition at 841 Sebastian Boulevard Requested Action: The applicant has requested a variance to construct a building addition, which will have a 66-foot front yard setback, whereas the code requires a minimum 74-foot front yard setback. 3. Project Location a. Address: b. Legal: 4. Project Owner: Project Engineer: Project Description: a. 841 Sebastian Boulevard Lots 13 & 14, Block 187, Sebastian Highlands Unit No. 8. Jack Morrow 7550 N.W. South River Drive Medley, FL 33316 Brace Moia Mosby & Associates 2455 14th Avenue Vero Beach, FL 32960 Narrative of proposed action: The applicant has requested a variance from the following section of the Sebastian Land Development Code: Section 54-2-5.3.1(d)(5): Commercial-512 District (C-512), Minimum setbacks: Front yard: If abutting CR 512: 74feet b. Current Zoning: C-512 Adjacent Properties: Zoning North: East: C-512 South: RS-10 West: C-512 Site Characteristics (1) TotalAcreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: Current Land Use CR 512 vacant vacant Arnold's Air Future Land Use C-512 LDR C-512 .29 acres office building (vacant) public public 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 Fred 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. Morrow wishes to construct a 1,300 square foot addition to his building at 841 Sebastian Boulevard. Other proposed improvements include installation of 7 paved parking spaces, together with requisite landscaping in compliance with the 512 Overlay district requirements, and on-site drainage improvements. The building will be connected to the Indian River Comity Utilities water main and the sewer system. Stormwater runoff for the site will be routed to a retention area located along the front of the property. The front building setback in the C-512 District is 74 feet. However, the existing building is only setback 66 feet. The addition will be required to meet the 74-foot setback, unless the Board of Adjustment grants a variance. Attached is a copy of the Morrow site plan, showing the proposed building addition. The crosshatch area of the addition is the portion that would encroach into the 74-foot setback. Staff has added the Arnold's Air site plan to the Morrow site plan for your reference. In 2001 the Arnold property added a 1600 square foot addition. This property is very similar to the Morrow property in that the existing building encroaches into the front setback. At staff's recommendation, Mr. Arnold chose to adhere to the 74-foot setback for the building addition. This allows the proper access connection to the vacant property to the west. The jog in the building also gave the overall site an interesting design. The purpose for the 74-foot setback is to provide a uniform design for internal access between properties. The proposed addition to the Morrow building is located between two buildings that encroach into the front setback, and is located on the west side of the Morrow property. Unlike the Arnold property, requiring the 74-foot setback on this addition will not help align the access road to the property to the east. For this reason, staff recommends this variance be granted. The Planning and Zoning Commission approved this site plan on September 19, 2002, with the following conditions: 1. The building addition will be required to meet the 74-foot setback; or If a variance is granted by the Board of Adjustment, additional architectural relief must be provided to break up the long expanse of the roof and front facade. Mr. Morrow has agreed to provide additional architectural features as required by the Planning and Zoning Commission, if this variance is granted. Elevations are still being designed and will be provided at the meeting. ere~.,~e ~y Tracy Hass, Director ~at/e~/°~- Groqv'th Management Department 3 DESCRIPTION Lots ~3 and 14, B~ock ~87~ Sebastian Highlands Unit No~ 8, as recorded in Plat Book 6, page ~0, Public Records of Indian River County, Florida, LEGEND CERTIFICATE OF SURVEYOR to. ~n~no STRATION NO, 3435 ~. cm'rt~rnz JAM~S A. IrOWLEI% LAND SORVEYING COMPANY 929-7TI{ AVENIJI~ - P.O. BOX 1677 VERO BEACH, FLORIDA 32961 PIIONE 562-4744 FAX 362-0963 SURVEYOILS NOTES: HOME Or I~ELICAN ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 · FAX (561) 589-2566 AGENDA BOARD OF ADJUSTMENT WEDNESDAY~ OCTOBER 9T 2002 6:30 P.M. 2. 3. 4. 5. 6. 7. 9. 10. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: ANNOUNCEMENTS: APPROVAL OF MINUTES: OLD BUSINESS: NEW BUSINESS: Regular meeting - 5122/02 A. Jack Morrow, in regards to Lots 13 & 14, Block 187, Sebastian Highlands Unit 8 (841 Sebastian Boulevard), is requesting permission to construct a building addition which will have a 66 foot front yard setback, whereas the code requires a minimum 74 foot front yard setback. 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, .0 m I!