HomeMy WebLinkAbout08242005BOA Agenda
HOME OF PEUCAN ISlAND
1225 MAIN STREET. SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 . FAX (772) 388-8248
AGENDA
BOARD OF ADJUSTMENT
WEDNESDAY. AUGUST 24. 2005
6:00 P.M.
1.
2.
3.
4.
5.
6.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Al'INOUNCEMENTS:
APPROVAL OF MINUTES:
OLD BUSINESS:
Regular meeting -8/03/05
Request for reconsideration of variance denials for east side of Paradise Marina project,
with rehearing to be renoticed and set at future date following completion of site plan
reVIew.
7. NEW BUSINESS:
A. QUASI-JUDICIAL PUBLIC HEARING:
PATRICK FLOOD III AND SYLVIA B. PELTIER. IN REGARDS TO
PROPERTY LOCATED AT 1690 INDIAN RIVER DRIVE, ARE REQUESTING A
VARIANCE TO ALLOW BUILDING ADDITIONS TO A NON-COMPLYING
STRUCTURE TO BE LOCATED WITHIN THE FRONT AND SIDE YARD
SETBACKS. APPLICANTS ARE ALSO REQUESTING SAID ADDITIONS TO
FURTHER EXCEED THE MAXIMUM BUILDING COVERAGE AND
MINIMUM OPEN SPACE.
8. CHAIRMAN'S MATTERS:
9. MEMBERS' MATTERS:
10. STAFF MATTERS:
11. 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 (772) 589-5330 AT LEAST 48 HOURS IN
ADVANCE OF THE MEETING.
~
HOME Of PEUCAN ISlAND
A Iicant If not owner, written authorization
Name: :rrr:
Permit Application No.
City of Sebastian
Develo ment Order A
uired
P~3C/~$$~ fi) (lOt; Cblfl
Owner If different from a Iicant
Name:
Address:
.3),,97.
)
E-Mail:
Title of permit or action requested: ,I
vtlf I a#l c.e
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 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
I A. Project Name (if applicable):
o~ ~t
B. Site Information
Address:
/p 0
Lot:
Se.bc46h~~
Subdivision:
Ii{ tJ
O-,3'i-,sI- 1-0000-
Future Land Use:!J _' I
I\.t:)\ a.
Proposed Use: t?
/C..G~i
'tIJl'tld
o
fl-
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessarv):
6a. Afto\<';W.
DATE RECEIVED: 7 l-<5; as
FEE PAID: $ 300 ,00 RECEIVED BY: 0'1- 7-z..S~oS
c.k ~ ~ g<o'18 "'OZ.1
Permit Application No.
D. Pro"ect Personnel:
A ent:
Name:
Address
Phone Number: (
FAX Number: (
E-Mail:
Attome
Name:
Add ress
Phone Number: (
FAX Number: (
E-Mail:
~L
Jo..
Address
Surve or:
Name:
FAX Number:
(0
('IT/.) ~1 - orti:J
.... tJ I~('
8Z5' 13+'" ~G P.
Phone Number ('2'1~,) 5(,t - 4'1~L/
E-Mail:
I, . 6.tt'j -pI:: ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER..iL.. I
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
AC,?!:~D T,RU TO T E BEST OF MY KNOWLEDGE AND BELIEF, f W ~tJ5"
SIGNATURE DATE'
I? . -j 1..fiL
SWORN TOAND SUBSCRIBED BEFORE ME BY l /' lOUd
AS IDENTIFICATION, THIS 02'; DAY OF , ! '2~O .
NOTARY'S SIGNATURE . c/~ ~ --1:2:J.1.IZ~
PRINTED NAME OF NOTARY . ( lfL- (j
COMMISSION No.lExPIRATION c:}-{ X -(IV
SEAL:
,""~'fW'" JUDY L. BOSMENY
{.'f~'::'! MY COMMISSION # DD 342222
~ ' ,~i EXPIRES: September 18, 2008
.:'tiif.Jx' BondtdThruNotaryPublicUnderwrhrs
Permit Application No.
-
HONf Of PEUCAN I~IAND
Supplemental Information
Application to the Board of Adjustment
_ 1. This application is for a (check one): LvarianCe(S) _ appeal(s)
.
- 2. Specify ail code provisions for which a variance is being requested Dr the
decision Dr decisions that you are appealing. (Attach extra sheets if
necessary): 5t.tb0. c)c:.s .
_ 3. Legal description of the property involved: ~ of f':sf of
~ u.~1- ~ca.( k. .piQ1) ,q L...a.t 6t)"!. 8t .f+ 114 S(
t.Df'l\U Df Lot- 'I tJJId .p()Jt l>-LJ1{ t!.f)('flU fJL
Lo.j-~ D 6K. i.i.lJ PP JAI (t)t. 6x 1Jb1l1 II 10 r)
_ 4. Attach the foilowing:
- a. Boundary survey of the property executed by a Florida Registered
Surveyor. The survey shail show the dimensions of the lot Dr 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.
- c. 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.
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,
exceptio..., and appeals.
I/WE, _ THE OWNER(S) / ~HE 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/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 SUBSTANTNE 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
PRO ISES ADE, Y AN?1PLO~ CONTRACTOR OR OFFICIAL OF TH CITY F SEBASTIAN,
" ' ~~ 0~a1.,lL)()6'
SIGNATURE DATE
Sworn to and subscribed before me by {J',f A'l7h:I.2fJ--
as Identification, thls..2..:::L. day of ~ ,1 ,2 ,
Notary's Signature ~ & ~
Printed Name of Notary , , . (\
Commission NoJExpiration J
Seal:
"~'''~!''-
l~I''<''''''
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"If,,\;\
JUDY L BOSMENY
MY COMMISSION # DO 342222
EXPIRES: Septamber 1B, 2008
Bonded Thru Notary PubNc Underwrlers
N.m.
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Nom.:
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(FlorldISlllUt..)
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SPACE ABOVE THIS LlNB POR RECORDINO DATA
P"'l'.hyApprol.."P.....lld.n'lfi..Licn
Folio Numb.,l.l:
On,...(1] 3.S, ~ (.)
SPAC"EABOVBTH1SUNBFORPROCBSSlNGO':"TA
That /,
~nofu J\ll Jifttn ~ll m4rsr Jusrnfs
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have made, constituted and appointed, and by rhese presents do make, constitute and appoint
f'r-th adrlrk [:1011 :PC, m~ ~l)'" , as tru~ and
("I.non'hip,ir'ny)
lawful attorney for me and in my flame, place and stead, notwithstanding a later disability or incapacity to
perform all acts, and have all powers ourUned in Florida Starutes 709.08. This Durable Power of Attorney shall
nor be affected by disability of rhe principal except as provided by -sratute.
Giving and granting unto G,,~h j)~"tf fir k. Flood 11t:" ,said artorney,jull power
and authority TO do and perform all and every act and thing whatsoever requisite and necessary to be done in
and about the premises as fully, to all intents and purposes, as I might or could do if personally present, wilh fuIi
power of substitution and 'revocation, hereby rarifyin~ and confirming all that my said attorney shall/awfully do
or cause to be done by virtue hereof.
!
~n ~ittt.eS5 ~fJ.er.eo-f, I have hereunto set V hand --,--and seal...:.....- this \ ~
dayaf O'c!> ( h ,d,(J/Y;;l._.
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NUTARY RUBBER STAMP SHAL
1'<01.1')' g'.'
P"nIOdN,m,
Addendum to City of Sebastian Development Order Application
For the Property of 1690 Indian River Drive, Sebastian
My name is Patrick Flood and my mother, Sylvia B. Peltier, has resided at 1690
Indian River Drive in Sebastian since 1972. After the hurricanes of 2004, my
mother was forced to move into a small cottage due to damage to her home. We
would like to totally renovate the home making it more functional for our purposes
as well as beautifying the property for passersby. We would like to accomplish
this while maintaining the historical look of the home. The following is what we
would like to do or propose to do to her residence.
A. Tear off the front portion of the home that includes a garage and a few
framed-in rooms. We would like to rebuild this portion and square off
the front of the house with a 4-Car garage and beautiful centered entry
door. This would allow us to park our automobiles out of sight and
without partially blocking the sidewalk.
B. The first twelve feet of the perimeter of the house is concrete block with
concrete poured down through the holes. The decorative portion above
the twelve feet is frame covered with stucco. The finished floor height
at this time is 6.3'. We would like to tear the floors out and the
decorative framing portion and start over.
C. We will begin by installing a 12 inch floor system over the existing floor
beams which will raise the finished floor height to over 7'. We would
then like to add a second story over the existing first floor footprint
adding approximately 1550 square feet of living area to include three
bedrooms and two baths. The first floor would have 2 bedrooms, one
and one half baths, living room, dining room, kitchen, and breakfast
area. We would replace the roof with a modern flat roofing system
consistent with the architecture that is currently on the building. We
would finish by reconstructing the bell tower and the other decorative
framing to maintain the historical integrity.
D. The entire exterior of the house will have new stucco applied along with
new paint. The entire house will have new windows that meet or exceed
code with hurricane protection accompanying them. The exterior doors
will be storm rated and also have storm protection. There will be all
new electric, plumbing, and HVAC system which will be up to code.
E. We will be hooking up the house to the county water and sewer,
including a lift station, to accommodate the extra bedrooms and bath.
F. We would like to tear down our existing porches and reconstruct them.
It would be our wish to join the porches creating one continual wrap
around porch that would be covered on the bottom and open on the top.
The variance that we need is for setback purposes. Our home was built in 1926,
and at the time there were no building codes with setbacks. Therefore, our 47 foot
home was built on a 50 foot lot. We are trying to beautify our property while
utilizing the minimal space that we have to its fullest. We would not be further
obstructing anyone's view as the front portion of the house is presently over
twenty feet in height. The house will remain a single family residence, and will
be maintained with the pride of ownership that we were not able to afford before. I
would like to thank you all for your time and consideration into this matter.
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1.
Project Name:
,
HOME Of PWCAN ISLAND
Growth Management Department
Variance Application - Staff Report
FloodJPeltier Additions to residence at 1690 Indian River Drive
2. Requested Action: Variance requested from Section 54-2-5.5.(d).(6) to allow building
additions to a non-complying structure to be located witbin the front and side yard
setbacks. A variance is also requested from Section 54-2-5.5.(d).(4) to allow said
additions to further exceed the maximum building coverage and minimum open space.
3. Project Location
a.
Address:
b.
Lega]:
4.
Project Owner:
Agent:
] 690 Indian River Drive
Beginning at a point at the SE corner of Dixie Highway and 9th
Street as established in City of Sebastian, Florida, said point being
3]55.59 feet South and 1390.08 feet East of tbe NW corner of
Section 3], Township 30 South, Range 39 East; tbence run
Soutbeasterly, parallel with the East right-of-way line of Dixie
Highway 50 feet; tbence Northeaster]y at right angles to said Dixie
Highway 104 feet, more or less to water's edge of Indian River;
thence Northwesterly along tbe water's edge of Indian River, and
parallel with Dixie Highway 50 feet to South line of 9th Street;
thence Southwesterly 117 feet, more or less to the Point of
Beginning. The above described property being also described as a
Lot 50 x 110 feet, more or less in tbe SE corner of Lot 4 and part of
tbe NE corner of Lot 5 of August Park Estate, according to plat of
said August Park Estate as recorded in the Office of tbe Clerk of the
Circuit Court of St. Lucie County, Florida, in Plat Book I, page 19;
said land now lying and being in tbe City of Sebastian, Indian River
County, Florida. Together with all riparian rights appertaining
thereto.
Sylvia B. Peltier
5791 Lindsay Lane
Micco, FL 32976
Patrick Flood III (son)
560 Durant St.
Sebastian, FL 32958
5. Project Engineer: Arthur F. Priep, P.E.
8530 U.S. Highway 1, Suite 8
Micco, FL 32976
6. Project Surveyor: James A. Fowler
Land Surveying Company
825 13th Lane
P. O. Box 1677
Vero Beach, FL 32961
7. Project Description:
a. Narrative of proposed action: Mr. Flood and Ms. Peltier are proposing
to add an addition to the front of the residence located at 1690 Indian River Drive,
essentially "squaring off' the front line of the structure. This addition will be part
of a garage area and courtyard. A second story will be added to the living area of
the home. They are also requesting to wrap the existing western deck around the
north side of the building to provide a more useable layout. Part of the proposed
deck area may be designed as a stairway to the second floor deck area.
Reouired Existinl! Proposed
Front Addition
Front setback 25' 0' 4' to 7'
Side setback 15' -0.5 to 2.7' 2.7'
Porch Addition
Side setback 15' 0.1' 6'
Buildinl! Coveral!e (Maximum) 30% 47% 54%
Open Space (Minimum) 50% 53% 46%
b.
Current Zoning:
CWR (Commercial Waterfront Residential)
c. Adjacent Properties:
Zoning
North:
East:
South:
West:
CWR
C
CWR
R-MH
Current Land
Use
vacant
Indian River home
vacant
vacant
Future Land
Use
RMU
C
RMU
RMU
2
d. Site Characteristics
(1) Total Acreage: 5975 sq. ft.
(2) Current Land Use(s): residential
(3) Water Service: well
(4) Sanitary Sewer Service: septic system
8. Staff Comments:
The subject structure was built in 1926. It has been the home of Ms. Peltier since 1972.
The residence sustained severe damage from the hurricanes of 2004 forcing Ms. Peltier to
relocate until repairs can be made. The Sebastian Land Development Code allows a non-
complying structure that has been damaged by any means including flood and wind, to be
restored. Along with the necessary repairs, the applicants are proposing several
improvements to the property. The improvements will include a second floor addition
over the existing living area, a functional garage and some additional deck area. The
front addition and deck area will require variances.
Mr. Flood has designed an addition that will "square off' the front of the building. The
plan includes the reorientation of the existing garage to a front entrance, as well as
providing additional parking area within the enclosed garage. The existing garage, as
shown on the sketch of existing home, is completely non-functional. The door is located
on the north side and can only be accessed via the neighboring private property.
The rear deck area was completely destroyed by the storms. In addition to reconstructing
the existing deck, the applicants have also asked to modify the deck area along the north
side of the residence to a more functional design, tying it into the rear deck. The proposal
is for a wooden deck, as utilized before, rather than a concrete pad. This is designed to
allow percolation of the soil beneath the deck and will have little impact on the
vegetation in that area. Also, the new deck area is tucked into the side of the structure
and will still be further from the side property line than the house itself. Final design of
this deck area has not been completed and may include a stairway to the second floor
deck. The sketch provided represents the maximum area proposed (including the stairs),
although the final design of the deck area may be smaller.
Staff has carefully reviewed the requests in relation to the general zoning regulations in
the CWR district, as well as the special regulations in the Riverfront Overlay District.
The following points are noted:
I. The proposed renovation has been designed to replicate the Spanish-
Mission style architecture of the original building. The roofline will
closely match that of the original building, including the bell tower.
3
2. The subject structure is a historic building. The renovations have been
designed to preserve its architecture design and improve its overall
appearance.
3. The proposed addition will provide a functional garage area, which is
not provided in the existing structure.
4. The existing parking situation at this residence is hazardous. As can be
seen in the photo provided by Mr. Flood, a mid-size vehicle just clears the
sidewalk with the rear wheels, allowing the remainder of the vehicle to
extend over the sidewalk area. As no additional property is available to
correct this, the additional garage area will improve the situation.
5. The proposed deck will provide soil underneath, rather than concrete.
6. Substantial renovations are required to comply with FEMA regulations
regarding the flood elevation. The lowest finished floor of the structure
will be raised to meet the required base flood elevation.
7. The residence will be connected to the Indian River County public
water and sewer system.
8. If the property were to be converted to a commercial use, the front
setback would be 0 and the side setback would be 5'.
9. If the property were to be converted to a commercial use, the code
would allow 80% impervious surface and only 25% open space.
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.
4
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:
Staff believes that the overall project meets the spirit and intent of the Land Development Code.
The proposed improvements to the site far exceed any negative impact to the area. The property is
severely restricted by its size and the location of the existing structure. As such, the more restrictive
residential standards should not apply. Therefore, staff recommends approval of both variance
requests.
Commission Action:
Hold quasi-judicial hearing to consider the request for each variance.
~by~ng
Growth Management Department
g-J'l~OS
Date
5