HomeMy WebLinkAbout12112002BOA BOARD OF ADJUSTMENT
M I N U T E S OF REGULAR MEETING
DECEMBER 11, 2002
Mayor Barnes called the Regular Meeting to order at 6:30 p.m.
The Pledge of Allegiance was recited.
ROLL CALL: PRESENT:
Mayor Waiter Barnes
Joe Barczyk
Ray Coniglio
Vice-Mayor James Hill
Edward J. Majcher, Jr.
ALSO PRESENT:
Jan King, Growth Management Director
Sally Maio, City Clerk
Jeanette Williams, Deputy City Clerk
ANNOUNCEMENTS: None
APPROVAL OF MINUTES: Regular Meeting - 10/09/02
MOTION by Majcher/Hill
"So moved."
ROLL CALL:
Mr. Hill -aye
Mr. Barczyk -aye
Mr. Coniglio -aye
Mr. Majcher -aye
Mayor Barnes -aye
MOTION CARRIED 5-0
OLD BUSINESS: None
NEW BUSINESS:
Public Heating - JOHN MICK, in regards to Lot 12, Block
336, Sebastian Highlands Unit 13 (1638 Coral Reef Street), is
requesting a variance to allow an existing residence to be 5.64
feet from the side property line, whereas the code requires this
structure to be a minimum of 10 feet from the side property
line.
The City Clerk swore in the applicant and the Growth Management Manager. The Growth
Management Manager stated this variance is to allow the 1978 house to encroach into the
setback. The owners are having trouble getting title insurance and moving part of the house isn't
feasible so staff recommends approval.
Board of Adjustment Meeting
December 11, 2002
Page Two
The City Attorney stated this variance is limited only for the life of the existing structure.
MOTION by Coniglio
"I move that we approve the variance to allow the existing structure on Lot 12,
Block 336, Sebastian .....
The City Attorney advised the Board to open the public heating. There was no input.
MOTION by Coniglio/Hill
"I move that we approve, approve the variance as granted, I move that we approve
the variance for Lot 12, Block 336, Highlands Unit No. 13 reducing the required south
side yard setback fxom 10 feet to 5.64 with the following condition--that the reduced
setback applies to existing structures and is only valid for the life of the existing structure
that encroaches into the standard setback."
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 6:35 p.m.
Appmved at the 1/8/03
Board of Adjustment meeting.
Walter W. Bames
Mayor
SallyA. mo, CMC '
BOARD OF ADJUSTMENT
CiTY OF SEBASTIAN, FLORIDA
IN RE VARIANCE APPLICATION OF:
John Mick for property at
1638 Coral Reef Street
FINDINGS OF FACT~ CONCLUSIONS OF LAW~ AND ORDER
THIS CAUSE came on for public hearing before the CITY COUNCIL sitting as
the BOARD OF ADJUSTMENT of the CITY OF SEBASTIAN, on December 11th, 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 November 26th, 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. The encroaching improvement was erected by mistake in 1978 based upon a
plot lay-out that was not a survey.
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 Lot 12, Block
336, Sebastian Highlands Unit No. 13 reducing the required southern side yard setback
from 10 feet to 5.64 feet with the following condition:
That the reduced setback only applies to existing structures and is only valid for
the life of the existing structure that encroaches into the standard setback..
DONE AND ORDERED in Sebastian, Indian River County, Florida, this 11th day
of December, 2002.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
CLERK TO THE BOARD OF ADJUSTMENT
M~yo~ ~tT'~l~er 'Barnes, as Chairman
BOARD OF ADJUSTMENT
HOME Of ~CAN ISLAND
1225 MAIN STREET · SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589-5537 · FAX (561) 589-2566
AGENDA
BOARD OF ADJUSTMENT
WEDNESDAY~ DECEMBER 11~ 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 - 10/09/02
A. PUBLIC HEARING:
John Mick, in regards to Lot 12, Block 336, Sebastian Highlands Unit 13 (1638
Coral Reef Street), is requesting a variance to allow an existing residence to be
5.64 feet from the side property line, whereas the code requires this structure to be
a minimum of 10 feet from the side property line.
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.)
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.
CITY OF SEBASTIAN
BOARD OF ADJUSTMENT
MINUTES OF REGULAR MEETING
OCTOBER 9, 2002
DRAFT
Mayor Barnes called the meeting to order at 6:30 p.m.
The Pledge of Allegiance was recited.
PRESENT:
Mayor Walter Barnes
Joe Barcayk
Ray Coniglio
Vice-Mayor Jim Hill
Ed Majcher
Jan King, Growth Management Director
Sally Maio, City Clerk
Jennifer Maxwell, Record Management Specialist
None
APPROVAL OF MINI~TI~.,q: Regular Meeting - 5/22/02
MOTION by: BamzyldConiglio
"Move to approve the regular meeting of 5/22/02."
Mr. Hill asked if the royal palm a'ees have been inspected to see how the attachmenl has been made.
OLD B IN~J.~J.~.: None
JACK MORROW, in regards to Lots 13 & 14, Block 187, Sebastian Highlands Unit 8 (841 Seba~;tian
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 ~, ethack.
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 candition that some
architectural relief would be provided to the structure.
Mr. Hill asked about the layout of neighboring businesses. The Growth Management Manager explained that the se:back
will work very well to provide access to the rear driveway and neighbor,s property. ~/lr. Hill also asked about the acces~ road
from Sebastian Boulevard. The Growth Management Manager stated that access is plannad 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 tl'~e
entrance to give it a third dimension.
Mayor Barnes questioned the hardship and CR512 Overlay criteria. The Growth Ma",agement Manager said the applicant is
would be meeting the 512 Overlay criteria.
Board of Adjustment Meeting
October 9, 2002
Page Two
DR :T
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 MATTER,R: None
None
~TAFF MATTERR: None
The meeting was adjourned at 6:47 p.m.
Approved at the
Board of Adjustment meeting.
Walter W. Barnes
Mayor
Sally A. Maio, CMC
City Clerk
HOME, OI~ PF.,HCAN ISI, AND
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 DECEMBER 11, 2002, AT
6:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET,
SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 54-2-5.2.3. (d)(5)
OF THE SEBASTIAN LAND DEVELOPMENT CODE.
JOHN MICK, IN REGARDS TO LOT 12, BLOCK 336, SEBASTIAN HIGHLANDS
UNIT 13, LOCATED AT 1638 CORAL REEF STREET, IS REQUESTING A
VARIANCE TO ALLOW AN EXISTING RESIDENCE TO BE 5.64 FEET FROM THE
S1DE PROPERTY LINE, WHEREAS THE CODE REQUIRES THIS STRUCTURE TO
BE A MINIMUM OF 10 FEET FROM THE SIDE PROPERTY LINE.
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.
Published November 26, 2002
City of Sebastian
Development Order Application
Permit Application No.
Applicant Ill not owner, written authorization (notarized) from owner is required)
Phone Number: (~/TA) ,....~FAX Number
E-Mail:
Owner (If different from applicant)
Name:
Address:
Phone Number. ( ) FAX Number. ( )
E-Mail:
[ Type °f permit °r acti°n requested: ~..'
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 ATFACHED AND 81/2" BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. A'~FACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
IA' PrOject's Name (if applicable':
B. Site Information
Lot: Block: Unit:
Indian River County Parcel #:
Zoning Classificati. gn: l, ~ ~uture ~_and,L~e:
Existing 0'S~.'-- ' ~ Proposed Use:
C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if
necessary): ! .~) _
DATE RECEIVED: ii / 7/
FEE PAID: $ Z.oo.oO RECEIVED BY: ~)L~ (.j~¢~ ~Sq
Form CD-2001 Revision: Parle 1 of 3 Development Application
Approved: 08/27/97 File Name: Dca
Permit Application No.
D. Project Personnel:
Agent:
Name:
Address
Phone Number. ( ) FAX Number, ( )
E-Mail:
Attorney:
Name:
Address
Phone Number: ( ) FAX Number. ( )
E-Mail:
Engineer:
Name:
Address
Phone Number. ( ) FAX Number. ( )
E-Maih
Surveyor:
Name:
Phone Number:
E-Mail:
I, , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACCURATE AND TRIAE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
S~NCRE- DATE
SWORN TO ANO SUBBOR,BED BEFORE ME BY 3'' l,J
WHO IS PERSONALLY KNOWN '~0 ME OR PRO UCED
AS IDENTIFICATION, THIS '~ ~ DAY OF
NOTARY'S SIGNATURE
PRINTED NAME
COMMISSI(
SEAL:
Page 2 of 3 Development Application
Approved: 08/27/97 Revision: 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 pernlits, variances,
exceptions, and appeals.
I/VVE, THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPER~TY,[~ES. CRIB~D WHICH )iS THE
SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE.EACH A.N,D EVERY MEMBER OF THE ~/~)~l, ~-~, ^../~ ~ ~
BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE BOARD /"COMMISSION") TO PHYSICALLY ~TF_~O~ TF~E-PF~oPERTY
AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION.
I/VVE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/M/E MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD/COMMiSSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT iS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PROMISES MADE. BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
Sworn to and subscribed before me by ~/¢J
who is pe~onally known t~ me or produced_
asidentifi~tion, this ?~dayof '' ' -- ----~V~e~
Notaw's Signature ~~
Printed Name of Nota~
Commission No./~piration ¢1~ ~
Seal:
II .,,&A~?~:,, DOROTHY N JUDAH
Form CD-200~ Page 3 of 3 Development Applicadon
Approved: 08/27/97 Revision: File Name: Doa
Permit Application No.
Supplemental Information
Application to the Board of Adjustment
1. This application is for a (check one): V/"vvadance(s)
appeal(s)
Specify all code provisions for which a vadance is being requested or the
decision or decisions that you are appealing (attach extra sheets if
necessa~):
3. Legal description of the property involved):
4. Attach the following:
Boundary survey of the property executed by a Florida Registered
Surveyor. The survey shall show the dimensions of the lot or parcel at
issue, the location of all structures, if any, along with adjacent streets,
and all easements and right-of-ways.
b. Additional data and information as required to propedy 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
par~ of their real property is within 300 feet of any outer boundary of
the lot or parcel of land that is subject of the application.
Form CD-2003
Approved: 08/27/97
Page f of ~ I Board of Adjustment
Revision: I File Name: Siboa
HOME OF PELICAN
Growth Management Department
Variance Application - Staff Report
o
Project Name:
House Location
Requested Action: The applicant has requested a variance to allow an existing
residence to be 5.64 feet from the side property line.
Project Location
a. Address: 1638 Coral Reef Street
b. Legal:
Lot 12, Block 336, Sebastian Highlands Unit 13.
Project Owner:
John & Sharon Mick
1638 Coral Reef Street
Sebastian, FL 32958
Project Surveyor:
C. J. Cooney Land Surveying, Inc.
P. O. Box 780301
Sebastian, FL 32978
Project Description:
Narrative of proposed action: The applicant has requested a variance to
allow an existing residence to be 5.64 feet from the side property line. Section
54-2-5.2.3.(d)(5) of the Sebastian Land Development Code requires a structure to
be a minimum of 10 feet from the side property line.
b. Current Zoning: RS- 10
Adjacent Properties:
Zoning Current Land Future Land
Use Use
North: RS-10 residence LDR
East: RS- 10 residence LDR
South: RS- 10 residence LDR
West: RS- 10 vacant LDR
d. Site Characteristics
(1) Total Acreage: .46 acres
(2) Current Land Use(s): residence
(3) Water Service: well
(4) Sanitary Sewer Service: septic
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.
Staff Comments:
This residence was constructed in 1978. The application for the building permit did not include a
survey. The plot plan (copy attached) showed the residence was proposed to be 10.5 feet from the
side property line.
2
A survey done by C. J. Cooney Land Surveying, Inc. dated 11/2/02 shows the residence to be 5.64
feet from the side property line. It is unknown whether the contractor or a surveyor caused the
eh'or.
The applicant has experienced problems getting title insurance because of this situation, and wishes
to resolve it by obtaining a variance.
Staff Recommendation:
Staff feels that removal of the encroaching portion of the residence is not an option and would
create a hardship to the applicant. The applicant did not create the problem. Therefore, staffwould
recommend approval of the variance to allow the existing structure on Lot 12, Block 336, Sebastian
Highlands Unit 13 to be 5.64 feet from the southern property line.
~Mb~nJla~ngtDepartment
Date
3
~ DE5CRIPT~ON
LOT5 11 & 12, BLOCK 336, SEBASTIAN HIGHLANDS, UNIT 13, AS
RECORDED IN PLAT BOOK 7, PAGE 82, PUBETC RECORD5 OF
MAP OF INbIAN RZVER COUNTY, FLOriDA.
BOUNDARY
SURVEY
-~ w/c~5 ~s*~ LOT 10 ~OT Z
I
' . d !. ~
, ~- ~-
0
I
'~.~' ~'
~ .: :.' '; ': ," . .'.. j ' ',. ':," 8. ~.o'
, ,,....,.~,~..':~ ..,.....'~: '~ ..., ~.~.
..... LDT
"
~ t,
x~ ~ GLADIOLA AVENUK -~0' ~.O.W.
NO~S:
1.) NOR~ A5 SHOWN Z5 REFERENCED TO THE PLAT OF 5EBAS~AN
HIGH'NbS, UN~ 13.
2.) LOT DIMENSIONS, BEARING5 AND ANGLE5 ARE A5 PLA~ED (P) AND
~EASUREb (M), UNLE55 OTHER~SE SHOWN.
3.) PROPER~ LIE5 ~THIN 5EC~ON 26,TOWNSHIP 31 50U~, RANGE
38 EAST.
4.) ~Nb5 SHOWN HEREON WERE NOT ABS~AC~D BY THIS F~EM FOR
EIGHTS-OF-WAY, EASEMENT5 OF RECORD, OWNERSHIP,
ABANDO~ENTS, DEED RESTRIC~ONS, ZONINg, 5ET-BACK5 OR
CE~FICA~ON ~IRECTEb TO:
MU~ ACT DEEDS. JOHN A. M~CK & SHARON M.
5.) LEGAL DESCE[P~ON SHOWN HEREON WA5 PRO'DEb BY C~ENT ~RST AMERICAN ~%E INSURA~E CO~A~
AND/OR ~EIE A~ENT. INDIAN RIVER NA~ONAL BANK, Its
6.) UNDERGROUND U~E5 NOT LOCATED. And/o~
SCA~; I" = 50' SURLY DA~: H/~/o~ FIE~ BOOK: 5J 7z
~o~coo9o E FLOOD ZONE: "X"
JOB ~ oz. ~ MAP NUMBER: ~1~/~
LOT 11
~ LOT
~,~V~L ~e/v£ BLOCK ..~& ~
. _.:. ,.,,.
' ~ ~ ~'.'..:~, ~gt ~