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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''<'''''' ~'\ .ki ~"''''f.',.. "If,,\;\ JUDY L BOSMENY MY COMMISSION # DO 342222 EXPIRES: Septamber 1B, 2008 Bonded Thru Notary PubNc Underwrlers N.m. Add...." Thil/nmum"1 P"p".dby; Nom.: Add...", (FlorldISlllUt..) ~,wrn '.' loodo," ..If..dd,.".d ".mo.d.n..lop.) 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 j>(CVuj Bn;1!5 {iF.i-TI6'f( 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._. ,!!:AL~3iA<1 {)f~ ~""J {jeers .fi..ltllr PrlntlldfJ,m. "" 1~?(~",,(~dilJA f,vel ()r 6dJ~~+itul, PI.. 3J95fi e , i , ! ] ; , .~ g , , . . :~ II 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. '(',y \)}~ '('IS' s;, 6' '-0 ,y1- ....> ' .s,. 0" '('? 01S' ~ !:?' iv 7,.'0 .It) '0 fi:; , ~ ~ .:;;r,) , 'e --r ~ \'0' .o'i-':>>' " ~.o' . ,,--" lbOP,\~~I>-'?>" A'D~'2. , .:-/ .p'J.f>. . I to\'?>\.. ~~.. ' <t,.1>-"'-:X' l''V toi;l'-~~Ol>-"\\~ ~ :1'=' \ "~~'o l'~~..f';\,~~,,\~f(:lo 1'=' '" ~\e~~ ~,"t'-" F"~)~'~. ~ ~ Q\i-,\~ "..0 ,,>0'''''> ,o,\.l.. ~..~ l~Oe;. '.':'1 ?,\ _ 90 ~ \,\0' ...\~ 'll","\'i-~ . i<..,I\ "~I. \~ 6 ,0 ~ ~.~, (.I>P"p,&1> l11 , '?>"\\.. l'O. if( ~t60 '<1"10 1-1- 00 ....l....l .-<'? ~ /' ~',....... '"'~~~ ~ '"./ r' O...C" t.,v "",'./ r~ I" .' \ ,~' ,c~v ,: ':. ..-,1"'" (M ,....... " \,,)"" ,,"_'~ \. \ ""v 'v' - \/ ,.." l'Q. ~-v . I"'v>-," " - ,JO "j'_ /1' ..... / , ':~::"\.:", :>.:":~ t-;.,.'. (' 1/.._. ,-"' - I;..)~ ,,;.....,.'.- -, ,~.;, (",J ,r-'l . \;~j /> "t~~~' ~ 'Y . ':.e.?\'f;.~ 'T'i),~ftC.. , \~cv" /' ~\'\I~::~ ~. ~\{).~ 'J'if>o((.;~ />-,,J.' '\,,~V or;.- \D' , .A'c/? "')" -,_. ':J.\'.-' \7 ,.', "" \ f // / , // /////\ / \ \ \ \ EX \ S T ) tUG- tio"'^ t.. - , I JtJD,"I rJ ~\u€.-.e... D~ I \J t.. I )N 18.5' - 8.0' l~ , <tQ 27.5' ,!J -' - I 40.0' 33.5' 16.0' ~ 6.5' t .0' 11.0' 3.5' i .0' 14.0' 8.5' L- 24.0' 10.0' 11.5' 30.0' , I 10.0' f' O?-C-I-\. ^ ~ . . IUO' "I rJ e,Je.-R.. 0'16-00 ;;::r UVltl\~ HyeC<..- .--- S;ze. J37~ ,!::J Lot 5175" PbvJu2~ lfJo, 5 - - Exidi1J Lo! Cwe(~e ,./j / ( ~ 6IJO 47% ;' () 1/A .47 or , ! II SKETCH CALCULATIONS Perimeter Area II I , ~.vE-fl- Dta-,va. - )1\.1 I/J D ,,1', oJ 46.0' , I 41.5' 40.0' ! 16.0' , r- 10.0' I .0' 11.0' .0' '- 24.0' 34.0' 11.5' 30.0' 30.0' 10.0' 40.0' pOfUM ('" I' Lo+:5i Z( ~ ~~9(P,0 51 9 7;;- r'i (5~ { I Db( .~ '( (J~ 031 7\ !rofo'Y!J Lor I I L/ ~ j/):JS J,O Co U<ZllA~J e. ~54 ....1)% {)!~)!~.!) II ~J(':Tr.:1-I r:AI r.:11I .6TlnN~ P.arlm"'....r AroCll~ II I f>?-O Pos c:.. D Dc.S, 6 rU '-.-v. ,'".--,':",,: . ,,,>:~:,;~"l>- . "'~:J: . "<.- ,;:<:::':-','\ ."-;; "i;;~ '," . \ ,';:.' ::S" ..._,.,-,,'" '-.;,\ ,-';," .... ,". " ", '" 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