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HomeMy WebLinkAbout10272004BOA Agenda1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE (772} 589-5518 · FAX (772) 589-2566 AGENDA BOARD OF ADJUSTMENT WEDNESDAY~ OCTOBER 27~ 2004 6:30 P.M. 2. 3. 4. 5. 6. 7. ge 9. 10. 11. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: ANNOUNCEMENTS: APPROVAL OF MINUTES: OLD BUSINESS: NEW BUSINESS: Regular meeting - 6/9/04 A. PUBLIC HEARING: KEVORK F. URSULEAN, IN REGARDS TO LOTS 11, 12 AND 13, BLOCK 9, HARDEBS ADDITION TO SEBASTIAN LOCATED AT THE NORTHEAST CORNER OF C.R. 512 (SEBASTIAN BLVD - EASTBOUND) AND LOUISIANA AVENUE, IS REQUESTING A VARIANCE TO ALLOW A 10 FOOT BUILDING SETBACK ALONG THE ALLEY, WHEREAS THE CODE REQUIRES A 20 FOOT SETBACK. CI:IAIRMAN,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 MAI-I~R CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF TI~ PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0t05 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 1N ADVANCE OF THE MEETING. HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT COUNCIL CHAMBERS, 1225 MAIN STREET, SEBA$'f'zAN, FL 32958 WEDNESDAY, JUNE 9, 2004 6:30 PM MINUTES The Mayor called the Board of Adjustment meeting to order at 6:30 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum Staff Present: City Manager, Terrence Moore City Attorney, Rich Stdnger City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Tracy Hass Growth Management Manager Jan King ANNOUNCEMENTS: The City Attorney advised the Board of their responsibility, APPROVAL OF MINUTES: 1/28/04 Hr. Coniglio pointed out the roll call totals were incorrect. MOTION by Coniglio/Barczyk "With those corrections, I would move to approve the minutes." Mayor McCollum aye Mr. Barczyk aye Mr. Coniglio aye Mr. Heptinstall aye Ms. Monier aye Motion carried 5-0 Board of Adjustment Meeting .lune 9, 2004 Page Two 6. OLD BUSINESS: None 7. NEW BUSINESS A. PUBUC HEARING: WILLIAM WELSH OF W.~l.W., INC. IN REGARDS TO LOT 2, BLOCK 8, HARDEE'S ADD1T~ON TO SEBAS'~AN AND LOCATED AT 730 HIGH STREET, IS REQUESTING A VARIANCE TO ALLOW A PROPOSED RESIDEN73AL STRUCTURE TO UTZl TZE A 10 FOOT SECONDARY FRONT YARD SETBACK, WHEREAS THE CODE REQUIRES A 20-FOOT FRONT YARD SETBACK. The Growth Management Manager explained the reason for this variance as outlined in the staff report dated 6-4-04 (attached). The Growth Management Manager further said the applicant is now willing to have an eight foot setback on the side property line as opposed to the zero setback, and that the Engineering Department requests the owner to acknowledge the City's continuing right to development improvements within the existing right of way and the owner waives any claims related to any resulting damages from the City's continuing right to develop improvements within the dght of way. No ex parte communications were disclosed. The City Clerk swore in the applicant, Growth Management Department Staff and Joe Graham, representing the applicant. Mr. Graham stated the applicant is looking for the 10 foot side setback and will agree to the Engineering Department's comments. Discussion followed on the cleadng of the lot and future use of Taft Street. The Mayor opened the floor for public input and there was none. Staff recommended approval subject to the Engineering Department's comments. MOTION by Coniglio/Barczyk ":~ make a motion we approve this variance subject to staff recommendation, subject to the Engineering Dept. request as outlined in the matadal." Mr. Barczyk aye Mr. Coniglio aye Mr. Heptinstall aye Ms. Monier aye Mayor McCollum aye Motion carded 5-0 Board of Adjustment Meeting .lune 9, 2004 Page Three B. PUBLIC HEARING: WILl_TAM KRAFTCHAT, IN REGARDS TO LOT 12, BLOCK 73, SEBASTIAN HIGHLANDS UNiT 4, LOCATED AT 767 WIMBROW DR~E, IS REQUESTING A VARIANCE TO LOCATED 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 ITNE. No ex parte communications were disclosed. The City Clerk swore in the applicant. William Kraftchak, property owner, stated he tried to unsuccessfully to purchase the adjoining property. He further stated the building would store his lawn equipment and match the exterior of his home. The Growth Management Manager stated the Engineering Department would like to maintain access to the easement and the applicant will also have to apply for a vacation of the easement at a later date. Staff recommends that the variance be no more than five feet so the structure is not in the easement. Mr. Barczyk requested dadfication that the easement would apply to the structure only and would be portable. The applicant stated he would accept a five foot setback and the structure was portable. The City Stormwater Engineer was sworn in to state a County water main runs along the edge of the property. The Mayor opened the floor for public input and there was none. The applicant reaffirmed he would accept a five foot setback as recommended. MO'I-iON by Coniglio/Monier "I would make the motion that we approve a vadance of five foot along with staff's recommendations and I would make note with a big asterisk on top of this that it was because it was right next to City property so we don't set a precedence." The City Attorney pointed out this would apply to the life of the structure, Mr. Coniglio aye Mr. Heptinstall aye Ms. Monier aye Mayor McCollum nay Mr. Barczyk nay Motion carried 3-2 Board of Adjustment Meeting .]une 9, 2004 Page Four 8. CHAIRMAN'S MATTERS: none. 9. MEMBERS'MAi II:RS: none. 10. STAFF MATTERS: none. 11. The Mayor adjourned the Board of Adjustment meeting at 7:07 p.m. Approved at the Board of Adjustment meeting. Nathan B. McCollum, Mayor A'I-FES'I': 5ally A. Maio, CMC, Qt',/Clerk l. JO~, OF ~ ISLAND '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 TI-~ BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING OCTOBER 27, 2004 AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FKOM SECTION 54-2-5.6.(d).(5) OF TI-EE SEBASTIAN LAND DEVELOPMENT CODE. KEVORK URSULEAN, IN REGARDS TO LOTS 11, 12 AND 13, BLOCK 9, HARDEES ADDITION TO SEBASTIAN LOCATED AT THE NORTHEAST CORNER OF C.R. 512 (SEBASTIAN BLVD - EASTBOUND) AND LOUISIANA AVENUEi IS REQUESTING A VARIANCE TO ALLOW A 10 FOOT BUILDING SETBACK ALONG THE ALLEY, WHEREAS THE CODE REQUIRES A 20 FOOT SETBACK. NATHAN B. McCOLLUM, CHAIRMAN BOAKD OF ADJUSTIVlENT CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDER.ED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AN~D 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 October 12, 2004 City of Sebastian ~ermit Application No.__ Development Order Application ~lf not owner, written authorization Jnotarized~_from owner i~ Name: Phone Number: E-Maik ~~ffere nt fro~ Name: Address: Phone Number:. ( ) PAX Number: ( ) E-Mail: permit or action requested: PLE. ASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL SE A'CI'ACHED AND 81/2" BY 11" COPIES OF ANY A'CrACHMENTS SHALL BE INCLUDED. AT-rACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. i' A. Project's Name/if applicable): B. Site Information Lot' _ _ Block: (~, Unit: Indian River County Parcel #: Zoning Classification: ~-/f// . . , ,-- ~ Furze Land Use: Existing Use: ~_~.~_...~.., '~{ Proposed Use: C. Description of propose;d activity and purpose of the requested permit or action (attach extra sheets if DATE RECEIVED: Form CD-200~ 'Approved: 08/27/97 FEE PAID: $, ~,..~"0 · 00 ~ ZO? I Revision: Pa~e ~ of 3 Development Application File Name: Dca I Permit Application No. D. Pro~ect Personnel: Agent: Name: Address Phone Numben ( ) FAX Number: E-Maih Attorney: Name: Address Phone Number. ( ) FAX Number: ( E-Maih Engineer: Name: Address Phone Number: ( ) FAX Number:. ( ) E-Mail: Surveyor: Name: Address Phone Number. ( E-Mail: ) FAX Number:. ( ) AM THE ~GAL REPRESENTATIVE OF THE OWNER OF THE PROPER~ DESCRIBED WHICH IS ~E SUBJECT ~ER OF THIS APPMCAT1ON, AND THAT ALL THE INFOR~TION, ~PS, DATA AND/OR S~TCHES PROVIDED IN THIS APPLICATION ARE ACCU~TE AND TRUE TO THE BEST OF MY ~OWLEDGE AND BEMEF. SIGNATURE SWORN TO AND SUBSCR,BED BE,¢ORE M~ BY~¢ ~-. WHO IS~;~TO ME OR PRO[~UC~'" AS IDENTIFICATION, THIS ..L~__ DAY OF. [{~¢ (~'~ DATE PRINTED NAME OF NOTARY~ ~' ) COMMISSION NO'/EXPIRATI(%..~"'~/ 4--T~/~ z~ __' ~.~. _'-J~ ~,/- -;, _,:~_ r...¢.., ~-, f,,. - ~t ~4~ EXPIRE8 Mamh 20, 2~5 ~ App~v~: 0~7/37 ~ Rev~ion: File Name: 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, exceptions, and appeals. I/VVE, THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS TNE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CiTY OF SEBASTIAN (THE "F~OARD"/'COMMISSION") TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. ' I/"JVE HEREBY WAIVE ANY OBJECTION OR DEFENSE ]/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 TH E UNITED STATES CONST~'UTION 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 PR~' ~7~EE, AGENT, CONTRACTOR OR OFFIC'AL OF THE C"TY OF SEBASTIAN. S I GNAT U . E OA ?/ Sworn to and subscribed before me by who is personally known to me or produced as identification, this day of ,19 . Notary's Signature Printed Name of Notary Commission No./Expiration Seal: Approved: 08/27/97 Revision: IDevelopme~lt Application Rle Nome: Doe Page 3 of 3 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: ac 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 Icc~don 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. IForrn CD-2003 Approved: 0a727/97 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 subiect of the application. Pa~le f of ~ lB°err°f Adjustment Revi.~Jon: File Name: Siboa HOMF. O~ PELICAN I$i,~WND Growth Management Department Variance Application - Staff Report [, Project Name: Site Plan for Ursulean Auto Service Center Requested Action: Variance requested from Section 54-2-5.6.(d).(5) to allow a 10 foot building setback along the alley, whereas the code requires a 20 foot setback. Project Location a. Address: 790 Louisiana Avenue b. Legal: Lots 11, 12 and 13, Block 9, less P,~vV for CR 512, Hardees Addition to Sebastian. Proj oct Owner: Kevork Florin Ursulean 8276 95th Avenue Veto Beach, FL 32967 Project Engineer: Stephen E. Moler Masteller & Moler, Inc. 2205 14th Avenue Veto Beach, FL 32960 (772) 567-5300 fax (772) 794-1106 Project Surveyor: Smith Surveying & Mapping, Inc. 1400 Palm Bay Road, NE Palm Bay, Florida 32905 (32I) 724-2940 fax (772) 9514879 Project Description: Narrative of proposed action: An application for site plan approval has been made by Masteller & Moler, on behalf of Florin Ursulean for a proposed veb/cular service and maintenance facility on the northeast comer of Sebastian Boulevard (eastbound) and Louisiana Avenue. Proposed development of the subject site consists of a 2,600 square foot auto maintenance building, together ~. with associated parking, water and sewer service, drainage and landscaping, f Water service will be accomplished via connection to an existing Indian River County Utilities water main, and wastewater service will be provided by cormection to the existing Indian River County Utilities sewer system via construction of a lift station. Of the 12,817 square feet of total land area, 7, I71 square feet (55.2%) is proposed as impervious surface and 5,646 square feet (44.8%) is proposed as open area. In addition, the applicant has agreed to pave the 20' alley along the northern property boundary, which includes capturing and treating the drainage fi.om said roadway. The subject property has frontage on three sides. The proposed site plan is designed to meet the required front yard setback along CR 512 and Louisiana Avenue. However, the applicant is proposing a I0 foot building setback fi.om the alley, whereas the code requires 20 feet. On August 19, 2004, the Planning and Zoning Commission approved the Ursutean site plan as submitted, conditional upon applicant obtaining a variance reducing the north property line setback (along the alley) to 10 feet. The applicant has requested a variance fi.om the following section of the Sebastian Land Development Code: Section 54-2-5.6. (d).(5): Minimum setback*: Front yard: 20feet Side interior yard: None Rear yard: lO feet. Per the proposed site plan, the following setbacks are provided: Provided Required Front (CR 512) 20 20 Front (Louisiana Ave.) 20 20 Front (Alley) 10 20 Rear (East) 66 10 b. Current Zoning: (Industrial) 2 Adjacent Properties: Zoning North: e IN East: IN South: IN West: PS Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: Current Land Use residence vacant restaurant American Legion .29 acres vacant public water public sewer Future Land Use IND IND Ibrd INS 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: f. g. h. i. Existence of special conditions or circumstances. Conditions not created by applicant. Special privileges not conferred. Hardship conditions exist. Only the minimum variance granted. Not injurious to public welfare or intent of ordinance. Conditions and safeguards may be imposed. Time limit may be imposed. 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. Growth Management Department D ate 4 Exhibit 1 [Site Plan - Sheet 4 of 10 prepared by Stephen No/er, PE for Florin Ursulean, Applicant] too big to scan. Copy on file in City Clerk's office. °o~ ~ Z 80.0' % ? ¥ · % I