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.
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