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Home My WebLink About01082003BOACITY OF SEBASTIAN BOARD OF ADJUSTMENT REGULAR MEETING JANUARY 8, 2003 CITY COUNCIL CHAMBERS 1225 MAIN STREET SEBASTIAN, FL 32958 MINUTES Mayor Barnes called the Regular Meeting to order at 6:31 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 Jeanette Williams, Deputy City Clerk ANNOUNCEMENTS: None APPROVAL OF M 1NUTES: Regular Meeting - 12/11/02 MOTION by Hill/Coniglio "Move approval of minutes from regular meeting 12/11/2002." 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 Hearing - EDWARD ARENS, in regards to Lot 20, Block 226, Sebastian Highlands Unit 6 (1034 Rose Arbor Drive), is requesting a variance to allow an existing residence to be 5.76 feet from the side property line, whereas the code requires this structure to be a minimum of 10 feet from the side property line. Board of Adjustment Meeting January 8, 2003 Page Two The Deputy City Clerk swore in the applicant and the Growth Management Manager. The Growth Management Manager stated this variance is to allow a 1979 house to be closer to the side property line. She further stated additions were built in 1983 and when permits were applied for, an error plot plan was used instead of a survey. Staff feels it is a hardship to request the owners to remove part of their house. Mayor Barnes questioned the mason for the number of these variance requests. The Growth Management Manager stated in the past it was not a requirement to provide a survey to build but codes have tightened up since then. She also stated that title companies are proceeding cautiously with the issuance of policies. The City Attorney reminded Council that this is the second time they have seen a request regarding this particular property. Mr. Majcher asked who is liable for the way these homes are built. The Growth Management Manager stated the Building Department is relying on the survey and surveyors carry insurance. The City Attorney confirmed the City would not be liable. MOTION by Barczyk/Hill "Move to approve the variance on Lot 20, Block 226, Highlands Unit 6, 1034 Rose Arbor Drive with structure, existing structure." The City Attorney advised the Board to open the public hearing however there was no input. 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 6:43 p.m. Approved at the Walter W. Barnes Mayor ~Sally A.~aio, CMC City Clerk 2- 26- 03 Board of Adjustment meeting. Prepared By: ep~ette Williams uty City Clerk HOME OF ?E. HCAH ISLAHD 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE (561) 589-5537 · FAX (561) 589-2566 AGENDA BOARD OF ADJUSTMENT WEDNESDAY~ JANUARY 8~ 2003 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- 12/11/02 A. PUBLIC HEARING: Edward Arens, in regards to Lot 20, Block 226, Sebastian Highlands Unit 6 (1034 Rose Arbor Drive), is requesting a variance to allow an existing residence to be 5.76 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 (56 I) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. City of Sebastian Development Order Application Permit Application No._O ..~- O~ I Applicant (If not owner, written authorization (notarized) from owner is required) Name: Phone Number: ( ) FAX Numben ( ) E-Mail: Owner (if different from applicant) Address: Phone Numben ( ) FAX Number. ( ) E-Mail: Type of permit or action 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 ATTACHED AND 81/2' BY 11" COPIES QF ANY A'~'ACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM, A. Project's Name (if applicable): B. Site Information Lot: ~O Block.: ~ Unit: Indian River County Parcel ~ ~1- ~- I~- dooo / -~z~o - ooo ~ ,0 Zoning Cla~ifi~tion: ~-/0 Future Land Use: ~i~ing Use: Proposed Use: C. Description of proposed a~vi~ and pu~ose of the reque~ed pe~it or a~ion (a~ch e~ shee~ if DATE RECEIVED: FEE PAID: $ ~()O-OtD RECE[VE!D BY: ~,) J2~_ Form CD-200"/ Paqe ~ of 3 I Devetopment ApplicaEon Approved: 08127/97 Revision: J File Name: Doa , Per. it Applic~t on No._O~- O~) I D. Project Personnel: Agent: Name: Address Phone Numbe~. ( ) FAX Number~ ( ) E-Maih Attorney: Name: Address Phone Numbe~. ( ) FAX NumbeE ( ) E-Mail: Engineer: Name: AcJdress Phone Numbec. ( ) FAX Numbe~ ( ) E-Mail: Surveyor: Name: Address Phone Numbe~. ( ) FAX Numbe~. ( ) E-Mail: [, ~,_~.)~V~.~ ~/' ~ ~ , BEING FIRST DULY SWORN, DEPOSE AND SAY T~T: ] AM ~E OWNER AM THE LEaL REPRESENTATIVE OF THE OWNER OF THE PROPER~ DESCRIBED WHICH lS THE SUBJECT ~ER OF THIS APPLICATION, AND THAT A~ THE /NFOR~TION, ~PSi DATA AND/OR S~CHES PROVIDED IN THIS APPLICATION ARE ACC~TE AND TRUE TO THE BEST OF MY ~OWLEDGE AND BELIEF. SIGNATURE // DATE AS IDENTIFICATION, THIS ~ DAY OF ~.,' ~O~ PRINTED NAME OF NOTARY COMMISSION NO./~_D(pIRATION SEAL: Form CD-200~ Approved: 08/27/97 Pa~e 2 of 3 '--~ '~'e~fe~oprnertt Application Revision: ! FTle Name: Doa Permit Application No., ~).~' OD I The following is required for all comprehensive plan amendments, zoning amendment (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions~ and appeals. [S~UBE, THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPER.~ DESCRIBED WHICH~ iS THE JECT OF THIS APPLICATION, HERESY AUTHORIZE EACH A.N,D EVERY MEMBER OF THE ~."¢¢~_ BOARD/COMMISS;ON OF THE CITY OF SEBASTIAN (THE "BOARD /"COMMISSION') TO PHYSICALLY ENTER UPON THE ~-~OPERTY AND V~EW THE PROPERTY IN CONNEDT~ON WITH MY/OUR PENDING APPLICATION. [/~/E HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, BUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR WEWING 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 VOLUNTARtLY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROM, J~ES MADE, BY. ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBAS ~--IAN. who is pe~onaily known to me or prgduced ~0 ~ ~ ~ ~ ? ~.~ J~ ~ --~ as identifi~tion, this ~ day of ~ , ~ ~w ~ Notary's Signature Pdnted Name of Notary Commission No./Expiration Seal: I Page 3 of 3 I Development Application Form CD-200f Approved: 08/27/97 I Revision: I File Name: Doa PermitAp¢i¢~tion No. 0~' O0 I Supplemental Information Application to the Board of Adjustment 1. This application is for a (check one): i~vadance(s) appeal(s) 2. Specify all code provisions for which a variance is being requested or the decision or decisions that you are appealing (attach extra sheets if necessary):. 3. Legal description of the property involved): 4. Attach the following: (.,-/"'~a.a. 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 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 part 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 Parle ~ of '~ Board of Adju$C~nent ] Approved: 08/27/9? Revision: File Name: Siboa J HOMI~ O!~ ?F. IJCAN ISLAND Growth Management Department Variance Application - Staff Report Project Name: House Location Requested Action: The applicant has requested a variance to allow an existing residence to be 5.76 feet from the side property line. 3. Project Location a. Address: b. Legal: 4. Project Owner: Project Surveyor: 1034 Rose Arbor Drive Lot 20, Block 226, Sebastian Highlands Unit 6. Edward and Judee Arens 1034 Rose Arbor Drive Sebastian, FL 32958 Masteller, Moler & Reed, Inc. Project Description: Narrative of proposed action: The applicant has requested a variance to allow an existing residence to be 5.76 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 vacant LDR South: RS- 10 vacant LDR West: RS- 10 vacant LDR Site Characteristics (1) Total Acreage: .23 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: In I979 a residence was constructed on Lot 20, Block 226, Sebastian Highlands Unit 6, as shown on the attached survey by Buckner Realty and Surveying dated December 18, 1978. In 1983 permits were pulled for a room addition using the plot plan dated April 11, 1983 which is attached. This plot plan incorrectly showed the frontage on Rose Arbor to be 90' (should be 125') and the frontage on Perch Lane to be 125' (should be 90'). As a result of this error, the 2 residence is 5.76 feet from the property line, instead of the required 10 feet as shown on the survey by Masteller, Moler & Reed. Mr. & Mrs. Arens have only recently become aware of the encroachment. Since they wish to sell their property, they would like to resolve this 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 20, Block 226, Sebastian Highlands Unit 6 to be 5.76 feet from the side property line. /-z-OB Date 3 0 ~-0o 90 ' PLA ~' OF SURVEy VAN O~DEI~I o~ recorded /n Plot Booh C~rHHed~corre~? ~the be~? of my hnowledg~ ond beh~y: '" ,, ' -~ ~,, E/a Re~. ~and Surveyor ~o. I0~ ~ A, Buckner Pre~. Soo/e: I"-- ZO Date.. ~'C, lB, 1 ? 7~ d~b No. 7B - IZ 73 03,- O~-O0 I