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Home My WebLink About01262005BOA AgendaHOM~ Of ~ ~'LAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 · FAX (772) 388-8248 AGENDA BOARD OF ADJUSTMENT WEDNESDAY~ JANUARY 26~ 2005 6:30 P.M. 2. 3. 4. 5. 6. 7. o 9. 10. 11. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: ANNOUNCEMENTS: APPROVAL OF MINUTES: OLD BUSINESS: NEW BUSINESS: Regular meeting-10/27/04 A. PUBLIC HEARING: RICHARD RABER, IN REGARDS TO LOT 29, BLOCK 2, ORANGE HEIGHTS UNIT NO. 1 (328 PINEAPPLE STREET), IS REQUESTING A VARIANCE TO ALLOW A NEW MOBILE HOME TO BE LOCATED 18.2 FEET FROM THE FRONT PROPERTY LINE, WHEREAS, THE CODE REQUIRES A 20 FOOT FRONT SETBACK. MR. RABER IS ALSO REQUESTING A VARIANCE TO ALLOW THE NEW MOBILE HOME TO HAVE 788 SQUARE FEET OF LIVING AREA, WHEREAS THE CODE REQUIRES A MINIMUM OF 900 SQUARE FEET OF LIVING AREA. CHAIRMAN'S MATTERS: MEMBERS' MATTERS: STAFF MATTERS: ADJOURN: ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY TH~ 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 W1TH 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 TIlE MEETING. HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FL 32958 WEDNESDAY, OCTOBER 27, 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 redted. ROLL CALL City Council Present: Mayor Nathan McCollum Vice-Mayor Joe Barczyk Councilmember Raymond Coniglio Councilmember Mike Heptinstall Councilmember Lisanne Monier Staff Present: City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerkl Jeanette Williams Growth Management Director, Tracy Hass Growth Management Manager Jan King ANNOUNCEMENTS: None. APPROVAL OF MINUTES: 6/9/04 On MO'I-~ON by Mr. Coniglio and SECOND by Mr. Barczyk the .lune 9, 2004 minutes were approved on a voice vote of 5-0. OLD BUSINESS: None NE3NBUSINESS PUBLIC HEARZNG: KEVORK F. URSULEAN TN REGARDS TO LOTS 11, 12 AND 13, BLOCK 9, HARDEES ADDiTiON,TO SEBASTIAN LOCATED AT THE NORTHEAST CORNER OF CR512 (SEBASTIAN BLVD. EASTBOUND) AND LOUIS]ANA AVENUE, IS REqUEST3NG A VAI~ANCE TO ALLOW A 10 FOOT BUILDING SE ~ uACK ALONG THE ALLEY, WHEREAS THE CODE REC~UTRES A 20 FOOT SE ~ ~ACK. ~ Board of Adjustment Meeting October 27, 20(M Page Two 9. 10, 11. There was no exparte communication to disclose and the City Clerk swore in the applicant, his representative and Growth Management personnel in attendance. Steve Mohler, Masteller and Mohler, representing Mr. Ursulean presented the request for a variance as set out above. They have a site plan approval from the Planning & Zoning Commission, that includes this condition to have this variance granted. The site depth is only 85 ft and 20 ft setbacks substantially reduce the buildable area. The Growth Management Director stated this property fronts three streets and the lO ft setback suffices for nearby alleyway of CR512 corridor however this is not part of the CR512 zoning district. Staff feels 10 feet will mirror the nearby CR512 zoning and be sufficient area for the landscaping buffer. The City Attorney cited criteria that the Board of Adjustment Jooks at to determine whether or not to grant the variance as follows: existence of special circumstances or conditions, condition is not created by applicant, a hardship exists, only minimum variance can be granted and conditions can be applied. On MOTION By Mr. Coniglio, And SECOND By Monier, City Council approved the Request From Kevork F. Ursulean in regards to Lots 11, 12 AND 13, Block 9, Hardees Addition to allow a 10 foot building setback variance along the alley, whereas the code requires a 20 foot setback, by a roll call vote of 5-0. CHAIRMAN'S MA1 FERS: None. MEMBERS' MAT1-ERS: None. STAFF MA-FFERS: None. The Mayor adjourned the Board of Adjustment meeting at 6:50 p.m. Approved at the Board of Adjus'kment meeting. Nathan B. McCollum, Mayor A1-FEST: Sally A. Maio, CMC, City Oerk HOM~ O~ PF.,UCA~ ISLAND 1225 MAIN STREET · SEBASTIAN, FLORIDA 32958 TELEPHONE {772) 589-5518 · FAX (772) 388-8248 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 JANUARY 26, 2005, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 54-2-5.2.5.(g).(5) AND SECTION 54-2-5.2.5.(g).(6) OF THE SEBASTIAN LAND DEVELOPMENT CODE. RICHARD RABER, IN REGARDS TO LOT 29, BLOCK 2, ORANGE HEIGHTS UNIT NO. 1 (328 PINEAPPLE STREET), IS REQUESTING A VARIANCE TO ALLOW A NEW MOBILE HOME TO BE LOCATED 18.2 FEET FROM THE FRONT PROPERTY LINE, WHEREAS, THE CODE REQLrlRES A 20 FOOT FRONT SETBACK. MR. RABER IS ALSO REQUESTING A VARIANCE TO ALLOW THE NEW MOBILE HOME TO HAVE 788 SQUARE FEET OF LIVING AREA, WHEREAS THE CODE REQUIRES A MINIMUM OF 900 SQUARE FEET OF LIVING AREA. 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 MA'I'IER 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 TI-IlS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. Published January 11, 2005 Permit Application No. City of Sebastian . . Development Order Appl,cabon Applicant (If not owner~ written authorization (notarized) from owner is required) N am e: ,~ZC///~) Address: ._~,~c~ ,/~/,,~/~j~' Phone Number: ( 7~2 -~'-~f~' ' ~;>~-z~ FAX Number: ( ) E-Mail: Owner (If different from applicant) Name: ~/~ Address: Phone Number. ( ) FAX Number: ( ) E-Mail: Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WI-IICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAVVINGS, ETC. SHALL BE ATrACHED AND 8-1/2" BY 11" COPIES OF ANY A'I-i'ACHMENTS SHALL BE INCLUDED, ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. IA. Project Name (If applicable): B. Site Information Lot: Unit: Subdivision: Indian River County Parcel #: Zoning Classification: Future Land Use: Existing Use: z~ __ Proposed I I. ,~-~,,~ '7"/.~/_ use: .,~e~'/,~{~nT-/.,~/_. C. De[ailed description of proposed activity and purpose of the requestad permit or action (attach extra ahee~s If necessary): DATE RECEIVED: )Z/~? FEE PAID: $ 3.5'0, O0 RECEIVED BY: .7..~ ~--~ Permit Application No. D. Project Personnel: Agent: ///~ Name: Address Phone Number. ( ) FAX Number ( ) E-Mail: Attorney: ~,2~/~ Name: Address Phone Number. ( ) FAX Number: ( ) E-Mail: En~lineer: /~///~_ Name: Address Phone N,,F~;b~i. ( ) FAX Number: ( ) E-Mail: Surveyor: Name: Phone Numbe~ ( ) FAX Number ( ) E-Mail: I, ~-<~,~M>~! ~ ~-~ ~>~ ~" , BEING FIRST DULY S~RN, DEPOSE AND ~V ~AT: ~ THE ~L REPRESE~ATIVE OF THE O~ER OF THE PROPER~ DESCRIBED ~ICH IS TH~ECT ~ER OF THIS APPU~TION, ~D T~T A~ THE INFOR~TION, ~PS, DATA AND/OR SKETCHES PROViD~ IN THIS APPU~TION ~E ACCU~ ~D~ THE BEST OF MY ~O~E~E AND BEMEF. S~RN TOAND SUBSCRIBED BEFORE ME BY ~'~y~ ~O IS ~LLY KNO~ TO ME OR PRODUC~ AS IDENTIFI~TiON, THIS ~ DAY OF ~ ~ ,20 ~ ~/ , NOT~Y'S SIGNATURE ~ ~ PRINTED NAME OF NOT~Y - - COMMISSION NO~PIRATION I ~ L~,';~A J. ,~;;~;~ [~ Bm~ ~r~gh 1~ 8~e )nsum~ [ Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (Including rezoning), sits plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/VVEi__ ~'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 ~;)o~¢-~¢E o~2 I-0/~j'Hs-t v~-~' -', '~ 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/V~'E 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 VIEWINi3 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 SEING SIGNED BY ME/US VOLUNTARILy AND NOT AS A RESULT OF ANy COERCION APPUED, OR PROMISES E, BY ¥ EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATUR~ ! - DATE Swam to and subscribed before me by ~ who is oersona~ll known to me or produced as identification, this. ¢ ,~ day of ,~.Az~, 20 d ~. Notary's Signature Pdnted Name of Notary Commission No./Expiration [ ~ .... 2AJ ROBINS · Seal; ~,¢, ..... I~'~"~ MYCOMMISS,~I ,DD334166 L '~'~;.~.,~-~ Ba~ed through 1st State ins~m~ca/ Supplemental Information Application to the Board of Adjustment Permit Application No. 1. This application is for a (check one): V///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: ~0~ ~R, ~,locl4- ~ 4. Att~e following: I,/ 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. 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 ali 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. HOME O~ P~L~CAN ISL~qD Growth Management Department Variance Application - Staff Report ge Project Name: Mobile Home for Richard Raber Requested Action: Variance requested fi.om Section 54-2-5.2.5.(g).(5) to allow a new mobile home to be located 18.2 feet from the front property line, whereas the code requires a 20-foot front setback. Variance also requested from Section 54-2-5.2.5.(g).(6) to allow the new mobile home to have 788 square feet of living area, whereas the code requires a minimum ofg00 square feet of living area. Project Location a. Address: 328 Pineapple Street b. Legal: Lot 29, Block 2, Orange Heights Unit No. 1 Project Owner: Richard M. Raber 328 Pineapple Street Sebastian, FL 32958 Project Engineer: N/A Project Surveyor: M. Stewart McDonald Florida Professional Land Surveyor #5919 3318 Scenic Way Lakeland, FL 33810-2665 Project Description: a. Narrative of proposed action: Mr. Raber has requested a variance from Section 54-2-5.2.5.(g).(5) to allow a new mobile home to be located 18.2 feet from the front property line, whereas the code requires a 20-foot front setback. The applicant has also requested a variance from Section 54-2-5.2.5.(g).(6) to allow the new mobile home to have 788 square feet of living area, whereas the code requires a minimum of 900 square feet of living area. The following setbacks and living area, as shown on the attached survey, have been provided: Required Provided Front setback 20' 18.2' Side setback 10' & 10" 34.1' & 19.9' Rear setback 10 32.5' Minimum living area 900 sq.ft. 788 sq.ft. b. Current Zoning: R-MH (Residential Mobile Home District) Adjacent Properties: Zoning Current Land Future Land Use Use North: R-MH mobile home R-MH East: R-MH mobile home R-Iv~ South: R-MH mobile home R-MH West: R-MH mobile home R-MH d. Site Characteristics (1) Total Acreage: .17 acres (2) Current Land Use(s): mobile home (demolished) (3) Water Service: well (4) Sanitary Sewer Service: septic system Staff Comments: As you are aware, Orange Heights Mobile Home Park was particularly devastated by the hurricanes that struck Sebastian' last year. Many of the mobile homes were damaged beyond repair. Applications are now being submitted to the Building Department for new mobiles to replace the destroyed ones. The Indian River County Health Department must also review all applications for new mobile homes regarding their septic systems and well locations. Staff met with FIRS representatives Cheryl Durra and Loft Hoffman to discuss the/r problems and concerns for this area. 2 The septic system at 328 Pineapple Sa'eet is located to the rear of the property. Because of surrounding conditions and State law, HRS cannot allow any modifications to the existing septic system. The destroyed mobile home was 46 feet long. However, the proposed new mobile home is 56.3 feet long. Because of the location of the rear septic system, the new mobile home cannot be pushed further back on the lot. This now results in the need for a variance, as the mobile home will encroach 1.8 feet into the front setback. The destroyed mobile home had 552 square feet of living area, with a screened porch and Florida room adding 338 square feet. The proposed new mobile home has 788 square feet. Although Mr. Raber proposes no additions to it at this time, he plans to add a Florida room and/or screen room at some time in the future. Mr. Raber must satisfy the concerns of the Health Department, as well as the Sebastian Land Development Code. Staff understands that it is virtually impossible to find a new mobile home with the exact dimensions he would need to comply with both codes. It appears that the encroachment of 1.8 feet into the fi'ont setback is the minimum variance necessary to replace this mobile home. Also, even though the living area is smaller than the 900 square feet required by our code, it is a substantial improvement to the size of the former mobile home. Mr. Raber also plans to add to the mobile home in the future, which will probably bring the size into compliance with our code. 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 f'md 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 weffare 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. 3 Please reference Section 54-1-2.5 of the I.and Development Code for further explanation and clarification of the conditions as set forth above. Staff Recommendation: Hold quasi-judicial hearing to consider the request for each variance. Prepared by lan King Growth Management Department Date 4 Se~.: 06 MAP OF BOUNDARy SURVEy ~ PA 34,1' N8953'2G-E 70.10! laINEAPPLE ST.- vcs~<l 5/8" PbS f~ 5919 LOT2gBLK 2 Page 1 of 1 Sker& Parcel Parcel SKETCH 31390600018002000029.0 Card: 1 Grid in 5 ff interval, Legend with white background indicate~ no drawable area Legend J'~'~ EtASE 552 sqft ttp://www.ircpa.org/sketch.asp?Parcel=31390600018002000029%2E0&P1N=&Card= 1 &page=sketch 1/20/2005