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Home My WebLink About06092004BOA AgendaHO~.~ OF ~P~ ISI~ 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 · FAX {772} 589-2566 AGENDA BOARD OF ADJUSTMENT WEDNESDAY~ JUNE 9~ 2004 6:30 P.M. 2. 3. 4. 5. 6. 7. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: ANNOUNCEMENTS: APPROVAL OF MINUTES: OLD BUSINESS: NEW BUSINESS: Regular meeting - 1/28/04 A. PUBLIC HEARING: WILLIAM WELSH OF W.J.W. INC., 1N REGARDS TO LOT 2, BLOCK 8, HARDEE'S ADDITION TO SEBASTIAN AND LOCATED AT 730 HIGH STREET, IS REQUESTING A VARIANCE TO ALLOW A PROPOSED RESIDENTIAL STRUCTURE TO UTILIZE A 10-FOOT SECONDARY FRONT YARD SETBACK, WHEREAS THE CODE REQUIRES A 20-FOOT FRONT YARD SETBACK. B. PUBLIC HEARING: WILLIAM KRAFTCHAIC IN REGARDS TO LOT 12, BLOCK 73, SEBASTIAN HIGHLANDS UNIT 4, LOCATED AT 767 WIMBROW DRIVE, IS REQUESTING A VARIANCE TO LOCATE AN ACCESSORY SHED UP TO THE SIDE PROPERTY LINE (0 SETBACK), WHEREAS THE CODE REQUIRES THIS STRUCTURE TO BE A MIN1MUM OF 10 FEET FROM THE SIDE PROPERTY LINE. 9. 10. 11. 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 VERBAT1M 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 (772) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. HOME OF PEUCAN ISLAND BOARD OF AD.1USTMENT COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTI_AN, FL 32958 WEDNESDAY, JANUARY 28, 2004 6:00 PM MINUTES The Mayor called the Board of Adjusb~ent meeting to order at 6:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Walter Bames Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum Staff Present: City Manager, Terrence Moore City Attomey, Rich Stringer Deputy City Clerk, Jeanette Williams Growth Management Director, Tracy Hass Growth Management Manager Jan King ANNOUNCMENTS: None APPROVAL OF MINUTES: 10/22/03 MOTION by Coniglio/Hill "Move to approve." Mayor Barnes aye Mr. Coniglio aye Mr. Barczyk aye Mr. Hill aye Mr. McCollum aye Motion carried 5-1 6. OLD BUSINESS: None Board of Adjustment Meeting 3anuary 28, 2004 Page Two 7. NEW BUSINESS A. PUBLIC HEARING: ADAMS DEVELOPMENT GROUP, [NC. IN REGARDS TO PROPERTY LOCATED AT 1654 IND~N RIVER DRIVE, IS REQUESTING A VARIANCE TO ALLOW A PROPOSED RESIDENTL4L STRUCTURE TO UTILIZE THE NONRESIDENTIAL SETBACKS IN THE COMMERCL4L WATERFRONT RES[DENT]AL (CWR) ZONTNG DISTRICT. Mr. 3ohn King, Adams Development Group, Inc. stated a residence will keep this section of the riverffont open whereas commercial development will put a parking lot and retenUon area which will utilize the whole section. Discussion followed on the size of the area and obscuring the view of the river. The Growth Management Director vocally supported the commercial setback for this residential area. MOT[ON by Coniglio/Barczyk "I would move on staff recommendation." The City Attorney pointed out that staff recommendation was as stated as opposed to written. Mr. Barczyk aye Mr. Hill aye Mr. McCollum aye Mayor Barnes aye Mr. Coniglio aye Motion carried 5-1 B. PUBLIC HEARING: EARL MASTELLER IN REGARDS TO LOT 13 AND A PORTION OF LOT 14, POINT-OF-WOODS SUBDIVISION (869 ROBIN LANE) IS REC~UESTING A VARIANCE TO ALLOW A TOTAL OF 1900 S(~UARE FEET OF ACCESSORY BUILDINGS ON A RESIDENTIAL LOT, WHEREAS THE CODE PERM1-FS A MAXIMUM OF 1000 SC)UARE FEET OF ACCESSORY BUILDINGS ON A RESIDENIIAL LOT. Earl Masteller, property owner, stated the square footage is needed to build a mother-in-law house for his eldedy mom and it exceeds what is currently allowed in code. Discussion followed on guest house code provisions and future division of these lots. Beard of Adjustment Meeting 3anuary 28, 2004 Page Three MOTION by Coniglio/Hill "I move that we would offer--give Mr. Mastellar his variance so that he could put this 1900 square foot accessory structure on his property." Mr. Hill aye Mr. McCollum aye Mayor Barnes aye Mr. Coniglio aye Mr. Barczyk aye Mo~on carried 5-! C. PUBLIC HEARING: INDIAN RIVER COUNTY EMERGENCY SERVICES, FIRE DIVISION IN REGARDS TO THEIR PROPERTY LOCATED AT 1640 US 1, IS RE(~UF_STING A VARIANCE TO CONSTRUCT A BUILDING ADDITION TWO FEET FROM A FRONT PROPERTY LINE (NORTH CENTRAL AVENUE), WHEREAS THE CODE REQUIRES A 30-FOOT FRONT YARD SETBACK, ]ohn King, Director of Indian River County Emergency Services, explained that the station was built when fire trucks were smaller and personnel could hang off the tail end but due to new laws, personnel must be seated, enclosed in the vehicle thus a longer truck requiring the stall to be elongated. Discussion followed on zoning category and the future use of this property. The Growth Management Director stated all un-usuable property within the City will be idenUfled in the future comp plan revision. MOTION by BarczyldConiglio "Move to approve the request as requested." Mr. McCollum aye Mayor Barnes aye Mr. Coniglio aye Mr. Barczyk aye Mr. Hill aye Motion carded 5-1 Board of Adjustment Meeting 3anua~y 28, 2004 Page Four D. PUBI TC HEARING: CONTINENTAL PROPER"I'[ES CO, INC. IN REGARDS TO THE PROPERTY OWNED BY PARADISE PARTNERS, INC. AND LOCATED EAST AND SOUTH OF THE SHARKMART MOBIL GAS STAT[ON (INTERSECT[ON OF CR512 AND CR510) IS REQUESTING A VARIANCE TO AU.OW THE PROPOSED DEVELOPMENT OF THIS STI'E TO CONTAIN 85 PERCENT IMPERVIOUS SURGACE AND 15 PERCENT OPEN SPACE, WHEREAS THE CODE ALLOWS A MAXIMIM OF 80 PERCENT IMPERV[OUS SURFACE AND A MINIMUM OF 20 PERCENT OPEN SPACE. THE APPLICANT IS ALSO REQUES'I'[NG A VARIANCE TO THE PARK[NG STALL SPECIFICATIONS FOR 60 DEGREE ANGLE PARI~NG TO ALLOW 9.5 FOOT WIDTH BY 18-FOOT LENGTH WiTH 22-FOOT A[SI F~, WHEREAS THE CODE REQUIRES 10-FOOT WIDTH BY 21.5 FOOT LENGTH WTrH 18-FOOT AISLES. Thomas Gilgenbach, Development Director, Continental Properties Company, Inc. stated a parking stall and landscape reduction is necessary to accommodate the number of stalls required by the intended grocer. He further stated that the reduction of landscaping has been mitigated with adjoining property owners to provide alternative landscaping. Mr. Gilgenbach was asked if the alternative landscaping was guaranteed and he replied written agreements would be in,gated. Discussion followed on the overlay district's requirements in which the Growth Management Director replied that the district requires landscaping only in the front of the building which will not affect this variance. Discussion continued on the citizen's input in the Charette process in which they desired to maintain a small town feel and reduce impervious surfaces. Mr. Conigiio pointed out the commercial node will decrease traffic on CR512 and asked what the rear of the building would look like. Mr. Gilgenbach stated the back of the building would look nice. Mr. Barczyk pointed out the trucks would enter off Stony Point Drive and this might be undesirable for residents. The Growth Management Director read the City Engineer's comments in which he did not object to the parking stall changes. (attached) He clarified that the stall reduction was not part of this variance as the Planning and Zoning Commission has the power to provide for the waiver in the site plan process. Dan Bryant, Paradise Parb~ers, stated with the proposed agreement, the Sharkmart has exceeded landscaping requirements and the Sharkmart driveway will be relocated to accommodate the traffic. Board of Adjustraent Meeting 3anuary 28, 2004 Page Five Timothy .lelus, 1682 W. Hibiscus Blvd., Melbourne explained because there is no feasible spot for stormwater retention, the applicant planned to install a exfiltration system with landscaped berm in the rear of the store and Sebastian River Landings LLC supports the request for variance. Mr. 3elus also pointed out traffic must go East for groceries and this will reduce arterial traffic. Mayor Barnes pointed out that a condition can be placed on the motion. Motion by Coniglio "I would like to--just from what I~e heard, what I know is going to happen with the 512 oveday, why even put that into place and how this is going to conform with it, the impact that this will alleviate other areas of these two areas that are going to have major development in and keep people from ddving to other locations by using this commercial property ! think it will be a real benefit to the City, for those reasons ! would like to see us grant this variance, ! would like to see with conditions that the rear of the building, the portion of Sharkmart or attached to this so it isn't just something that goes by the wayside later on when it goes to Planning and Zoning, and what that buffer's going to look like on Stony Point Drive, the accesses are important and that would be my motion sir." Mayor Barnes dadfied that prior to granting the variance, the City would have a guarantee or agreement that the buffers will be adequate to protect the area. There was no second. Motion failed. The City Attorney pointed out that architectural features could be required on all sides of the building as part of a motion. Motion by McCollum/Hill "Mayor I would move that we deny a request for vadance from Continental Properties." Mayor Barnes aye Mr. Coniglio nay Mr. Barczyk aye Mr. Hill aye Mr. McCollum aye Motion carried 4-1 Board of Adjustment Mee'dng .lanuary 28, 2004 Page Six 8. CHAIRMAN'S MAI-FERS: none. 9. MEMBERS' MATTERS: none. 10. STAFF MA1-FERS: none. 11. The Mayor adjoumed the Board of Adjustment meeting at 6:43 p.m. Approved at the Board of Adjustment meeting. Nathan B. McCollum, Mayor Al Sally A. Maio, CHC, CTrty Clerk HOME, Of 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 · FAX (772} 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 JUNE 9, 2004, AT 6:30 P.M. iN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAiN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 54-2-5.6.(D).(5) OF THE SEBASTIAN LAND DEVELOPMENT CODE. WILLIAM WELSH OF W.J.W. INC., IN REGARDS TO LOT 2, BLOCK 8, HARDEE'S ADDITION TO SEBASTIAN AND LOCATED AT 730 HIGH STREET, IS REQUESTING A VARIANCE TO ALLOW A PROPOSED RESIDENTIAL STRUCTURE TO UTILIZE A 10-FOOT SECONDARY FRONT YARD SETBACK, WHEREAS THE CODE REQUIRES A 20-FOOT FRONT YARD SETBACK. NATHAN B. McCOLLUM, 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 (772) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. Published May 25, 2004 Permit Application No. City of Sebastian ~,,,,.,~,,.~ Development Order Application Applicant (If not owner, written authorization (notarized) from owner is required) Address: honeN.mber ) F*XN.mbe,: ( E-Maih Owner (If different from applicant) Address: ~"~, 0, Phone Number: ( ) FAX Number: E-Maih Title 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 8-1/2" BY 1 1" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): ~ I ~ B. Site Information Lot: ./'~ I Unit: Indian River County Parcel #: Zoning Classifi~a~ioq: ;.... ~ ~. ~. .~., Future Land Use: Existing Use: .4~'~ ,~, /, ~.~. /~ Proposed~lse: C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary}: DATE RECEIVED: FEE PAID: $~ RECEIVED BY: ~J~=~ ermit Application No. D. ProJect Personnel: Agent: Address Ph°ne Number~"~ t-{D) E-Mail: Attorney: Phone Number.: ~ ) ~.-",.--)-,.., _~, ,(~'~"AX Number' ( ) - 7'? 2_ - · E-Mail: Engineer: Phone Num ) FAX Number: E-Mail: Surveyor: Phone Numb~..~/ ) ~:) .-?/~ ~ :~ .~ ~ FAX 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 SIGNATURE ( DATE SWORN TO AND SUBSCRIBED BEFORE ME BY ~(/[///AL,,~"I, ~--', ~.,. . _ ~,~ / WHO IS PERSONALLY KNOWN TO ME OR PRODUCED. ~,~/.~,'"'/ --/~,~ ~ (~ / '~// ~ _~ ~ ~ AS IDENTIFICATION, THIS f~ DAY OF ~ .~' t - i20_~. r · NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION No./ExPIRATION SEAL: ~,~,~.~.~ Geraldine Frances Kubes · ~; My Commission DD155637 Permit Application No. The following Is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals· I/VVE, THE OWNER(S) / THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/VVE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE 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 PROMI.SES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE ~-./tTY OF ~EBASTIAN. Sworn to and subscribed before me by ~.~./{/.//~../ ~ ~."/~--/--~-.~ ~ . whoispersonallyknow, n..tomeorproduced ~f~ ~/; .c,/ /&r?-~,(¢,'. ~L ~ '-df' as identification, this (3 day of /-~ /--¢_ -', -' ~ ,2'0~ Notary's Signature ~.//~.~ ..~---/-~,~~ ~ Printed Name of Notary Commission No,/Expiration Seal: ~ ~.~ ~...~ Geraldine Frances Kubes · .~l~l~m ~ My Commission DD155637 ~e~®~''- ExpresOCtOber28,2(]O6 Permit Application No. Supplemental Information Application to the Board of Adjustment 1. This application is for a (check one): ~. variance(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: 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 properly advise the Board of the facts and circumstances needed to decide the case on its merits. 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. Page 1 of 1 Interactive Map None Aerial Photos 2003 Aerial Photos 2001 ~ Transportation Lines Plat Lines- - Base Lines Natural Lines Annotation Parcel Boundaries ] I All other map layers are scale Scale-dependent map layers, Map Scale 1:3858 Click Here to access the online MAP HELP Parcel Number: 3139060001z http://www.ircpa.~rg/mapmain.asp?T~D~=Z~~m~ut&T~~~=Z~~m~ut&MapC~ntext=~E~~~~~~~~~~~~~... 5/25/2004 SET LR. " VACANT~ 10' ALLEY S 22'40'00' E 50.O0'(P&S) LOT 2 BLOCK B VACANT LOT 5 BLOCK B VACANT LEGAL DESCRITION: LOT 2, BLOCK B HARDEES ADDITION TO SEBASTIAN, ACCORDING TO ]HE PLAT THEREOF, AB RECORDED IN PLAT BOOK 3, PAGE 1, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SA~D LANDS LYING AND BEING IN PUBLIC RECORDS OF iNDIAN RIVER COUNTY, FLORIDA. ~BOUNDARY SUR~tEy FOR: BILL WELSH W.J.W. DEVELOPEMENT RALPH D. DENUZZ[O & ASSOCIATES, INC. Consulting Engineers, Planners, Surveyors 6175 Babcock Street - Unit B Palm Bay, Florida 52909 LB NO, 003444 (521) 674-9358 FAX (321) 674-5834 GENERAL NOTES: I. ~HE UND£R~GNED SURVEYOR HAS NOT B[EN PRO~DED A CURRENT OPINION C~ ABSTRACT OF MATTERS AFFECTING 11~E OE BOUNDARY TO ~HE NOT VAUD WI~-IOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER .o. _ DRAY~N BY; JK SCALE 1 =~' TOI~NSHIP ~' - DONALD P. PROUD Cc] High Street 50' R/W 50.00' N22'40'OO"W ¢/ I ~o I I m I 50,00' ~o' '1 Fort Steuben Engineering Services ] si, one duon~to ~,/,'-r~- ..... Fort Steuben Engineering Services] ...... m,o.d duo~;toWe,sh ~' I,.% ..... ._ HOME OF FELiCAN I$1.AN~ Growth Management Department Variance Application - Staff Report Project Name: William Welsh Proposed Residence Requested Action: Variance requested from Section 54-2-5.6.(d).(5) to allow a proposed residential structure to utilize a 10-foot secondary front yard setback, whereas the code requires a 20-foot front yard setback. 3. Project Location a. Address: b. Legal: 4. Project Owner: 730 High Street Lot 2, Block 8, Hardee's Addition to Sebastian William Welsh W.J.W., Inc. P. O. Box 4130 Sebastian, FL 32978 Project Agent: same Project Description: ao Narrative of proposed action: Mr. Welsh, on behalf of W.J.W. Development, Inc., has filed an application for a variance in regards to property located at 730 High Street. He proposes to construct a residence on this comer lot with a secondary front yard of 10 feet. Front yard setbacks in this district are required to be 20 feet. In December of 2003, Sebastian expanded the Community Redevelopment Area to include High Street, and approved a modified community redevelopment plan. The plan promotes a mixed-use zoning to include both residential and commercial. Certain code modifications are necessary before such development can be permitted. As the applicant desires to construct the residence in the very near future, he requested a special exception permit for the residential use. This was approved by the City Council on April 14, 2004. The next issue to resolve is the required building setbacks. The Industrial District establishes a 20-foot front yard setback, O-foot side yard setback and 10-foot rear yard setback. Although these setbacks are suited to industrial development, they are less suited for residential development. Again, certain code modifications will be proposed for this district to accommodate the new uses. And again, since the applicant desires to construct the residence in the very near future, he has requested a variance to allow a 1 O-foot front yard setback (secondary) from the required 20-foot setback. The attached site plan shows a proposed building envelope on the property. It should be noted that "First Street" (a.k.a. Taft Street) is a platted 50-foot road right-of-way, which has never been constructed. The City's Engineering Department has reviewed the variance request and offered the following comment: "Engineering Department has no objection to requested 10-foot setback as long as owner acknowledges City's continuing right to develop improvements within existing ROW and owner waives any claims related to any resulting interference/damages from City's continuing right to develop improvements within existing ROW." Current Zoning: Adjacent Properties: North: East: South: West: Site Characteristics (1) (2) (3) (4) Zoning Current Land Use Future Land Use IN warehouse ]ND ]N vacant IND IN vacant IND 1N mobile home IND Total Acreage: Current Land Use(s): Water Service: Sanitary Sewer Service: · 15 acres vacant public (if available) public (if available) 2 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 Recommendation: Hold quasi-judicial heating to consider the request for a variance. Date 3 HOME O!~ I~.L~CJ~ ~i, AND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE (561} 589-5518 [] 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 JUNE 9, 2004 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. WILLIAM KRAFTCHAK, IN REGARDS TO LOT 12, BLOCK 73, SEBASTIAN HIGHLANDS UNiT 4, LOCATED AT 767 WIMBROW DRIVE, IS REQUESTING A VARIANCE TO LOCATE AN ACCESSORY SHED UP TO THE SIDE PROPERTY LINE (0 SETBACK), WHEREAS THE CODE REQUIRES THIS STRUCTURE TO BE A MINIMUM OF 10 FEET FROM THE SIDE PROPERTY LINE. NATHAN B. McCOLLUM, 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 May 25, 2004 City of Sebastian Development Order Application Applicant (If not owner, written authorization {notarized) from owner is Name: Address: ~ Phone Number; ("')'J,A) ,¢~,~) - o5;/o'] \\ FAX Number: ( E-Maik Permit Application No. required) Owner (If different from applicant) Name: Address: Phone Number: ( ) FAX Number: ( E-Mail: Title or permit or action requested: ~J ~of ~,.~. ~ ¢J ¢..,,~..~ ~o~. ~ t ,~ ~..¢ -~. ~..T ~ I~ 6,,1¢-~ 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 ATrACHED AND 8-1/2" BY 1 1' COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. IA. Project Name (if applicable): B. Site Information Address: '~(,~ '7 L,",..,) ~ v~. I1~ v"rj ~.) ~¢' ~.'~'-~......~ Lot: j~._ Block: -~_~ Unit: 4~ Subdivision: Indian River County Parcel #: Zoning Classification: ¢.-~ '~ I O Future Land Use: ~.. J~ I~ Existing Use: Proposed Use: C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): DATE RECEIVED: ~.~'/~ /Oz/' FEE PAID: RECEIVED BYi~ 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-Mail: Surveyor: Name: Address Phone Number: ( ) FAX Number: ( ) E-Mail: AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MA~ER OF THIS APPLICATION, AND THAT ALL THE INFORMATION. MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCUP, ATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. ~I~ATu~E -' '~ ~'-- DATE // SWOR, TO AND ~SCR~S~ a~FOR~ M~ ~Y ~, ~L~ ~ ~[~ ~ WHO IS PERSONALLY KNOWN TO ME OR PRODUCED ~ ~, ~ ~ . AS IDENTIFICATION, THIS ~4~.J-~3 DAYOF N OTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION No./EXPIRATION SEAL; Permit Application No, The following is required for all comprehensive plan amendments, zoning amendments (Including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, ~ THE OWNER(S) / THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE ~1~, ~3 ~ ~ t'~ ~,¥,,,,-"~ ~ BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE ~'~R~OPERTY IN CQNNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE 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. SIGN~ATURE ~" DATE Sworn to and subscribed before me by who is personally know,Jo me or produced -~"t._."'"~ ~ c:~(~ I ~,q ~'1 ~ ~ ~ ~ ..~ O as identification, this ',~-- day of ~.J~;~_~, ,200_...~L. Notary s Signature (~/~t/,, ~'~L2. (~. Printed Name of Notary (~'i'~',~L'~L.~~, ~ ~. '~,D~'.~ ' Commission No./Expiration Seal: Il.'-?& ~ MY COMMISSION # DD 010863 11~:~.4;~.';r] EXPtRES: March 20, 2005 Permit Application No. Supplemental Information Application to the Board of Adjustment 1. This application is for a (check one): V.variance(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: V/~'a. 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 properly advise the Board of the facts and circumstances needed to decide the case on its merits. 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. A 5Ll.'b ~, i3>000 ~= ~ ,~_~:r ,~, u, :, ,r ~l , ,, , PROPOSED ONE S FO~Y RESIDENCE LAKE HARDEE., BOUNDARY SURVEY Classic We Build Portable ~ Growth Management Department Variance Application - Staff Report Project Name: William Kraftchak Side Setback for Shed Requested Action: Variance requested from Section 54-2-5.2.3.(d).(5) to locate an accessory shed up to the side property line (0 setback), whereas the code requires a 10-foot side yard setback. Project Location a. Address: 767 Wimbrow Drive b. Legal: Lot 12, Block 73, Sebastian Highlands Unit 4 Project Owner: William Kraftchak 8855 50th Avenue Sebastian, FL 32958 Project Surveyor: Thomas Cecrle 10749 U.S. 1, Suite A Sebastian, FL 32958 Project Description: Narrative of proposed action: Mr. Kraftchak has filed an application for a variance in regards to property located at 767 Wimbrow Drive. He proposes to locate an accessory shed up to the side property line (0 setback). Side yard setbacks in this district are required to be 10 feet. The house on this property is currently under construction. The owner is also in the process of obtaining all state and federal permits needed to construct a headwall along Lake Hardee to relocate the water's edge. Tract Y, north of this property, is owned by the City, and contains the water control structure for Lake Hardee. Mr. Kraftchak has met with City staff to purchase a portion of Tract Y. As part of our drainage system, Tract Y (or any portion thereof) cannot be sold to Mr. Kraftchak. However, the Engineering Department told Mr. Kraftchek they had no objection to him using the City property of access his rear yard. A second issue involved in this variance request is the 5-foot side yard easement. Even if this variance is approved, the easement will need to be abandoned. This may be difficult, as there are some utility improvements already located in that area. The Engineering Department has reviewed the variance request and offered the following comment: "Engineering Department has no objection to granting permission to use adjacent City property for access but requests further review with owner regarding necessary setback requirements. There should be no permanent structures within the existing easement and care must be taken to preserve any valve boxes and/or other utility improvements now there." The only unique feature of this property might be that it sits next to City owned property. Location of the shed closer to the side property line than ordinarily pem~itted will have little or no effect on any other residence. However, because of the easement issue, staff does not recommend granting the variance as requested. If the Board of Adjustment is inclined to grant some relief to the 10- foot side yard setback, staff would recommend a minimum of a 5-foot side yard setback. b. Current Zoning: RS-10 Adjacent Properties: Zoning Current Land Future Land Use Use North: RS- 10 vacant LDR East: RS- 10 residence LDR South: RS- 10 residence LDR West: PS Lake Hardee INS Site Characteristics (1) Total Acreage: .23 acres (2) Current Land Use(s): residence (3) Water Service: well (4) Sanitary Sewer Service: septic 2 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 fm~er explanation and clarification of the conditions as set forth above. Staff Recommendation: Hold quasi-judicial hearing to consider the request for a variance. pP~ed by~ng Growth Management Department Date 3