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Home My WebLink About07122006 BOA Agenda ,---- - CflYOF HOME OF PELICAN ISlAND 1225 MAIN STREET. SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 . FAX (772) 388-8248 AGENDA BOARD OF ADJUSTMENT WEDNESDAY. JULY 12.2006 6:00 P.M. 1. 2. 3. 4. 5. 6. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: ANNOUNCEMENTS: APPROVAL OF MINUTES: OLD BUSINESS: Regular meeting 5-10-06 7. NEW BUSINESS: A. QUASI-JUDICIAL PUBLIC HEARING: BRADFORD HOMES. INC., IN REGARDS TO LOTS 4, 5, 6, AND 7, BLOCK 1, EDGEW A TER PARK SUBDIVISION AND LOCATED AT 705 CLEVELAND STREET, IS REQUESTING A VARIANCE TO ALLOW TOWNHOUSE DEVELOPMENT ON A PROPERTY WHICH IS LESS THAN THE REQUIRED ONE ACRE MINIMUM. B. QUASI-JUDICIAL PUBLIC HEARING: STEVEN LULICH, IN REGARDS TO LOTS 3, 4 AND 5, BLOCK 2, REPLAT OF SCHOOL PARK SUBDIVISION, LOCATED AT 1069 MAIN STREET, IS REQUESTING A VARIANCE TO ALLOW A STRUCTURE TO BE AGAINST THE FRONT PROPERTY LINE (0 FOOT SETBACK),WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE SIX (6) FEET SETBACK FROM THE FRONT PROPERTY LINE. 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 MA ITER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBA TIM 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. OIY Of HOME OF PElICAN ISLAND BOARD OF ADJUSTMENT COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN, FL 32958 WEDNESDAY, May 10, 2006, 6:30 PM MINUTES 1. Vice-Mayor Burkeen called the Board of Adjustment meeting to order at 6:30 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Vice-Mayor Brian Burkeen Council Member Andrea Coy Council Member Sal Neglia Council Member AI Paternoster City Council Excused Absence: Mayor Nathan McCollum Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Systems Analyst, Melanie Astle 4. ANNOUNCEMENTS: None 5. APPROVAL OF MINUTES: 2/22/06 On MOTION by Ms. Coy and a SECOND by Mr. Paternoster, the February 22, 2006 minutes were approved on a voice vote of 4-0. Board of Adjustment Meeting May 10, 2006 Page Two 6. OLD BUSINESS: None. 7. NEW BUSINESS A. QUASI-JUDICIAL PUBLIC HEARING: BETTINA BOUDROT, IN REGARDS TO PROPERTY LOCATED AT 1302 INDIAN RIVER DRIVE, IS REQUESTING A VARIANCE TO ALLOW A PROPOSED RESIDENTIAL ADDITION TO UTILIZE THE NONRESIDENTIAL SETBACKS IN THE COMMERCIAL WATERFRONT RESIDENTIAL (CWR) ZONING DISTRICT. The Mayor opened the public hearing at 6:32 p.m. The City Clerk swore in all those who intended to offer testimony. The Growth Management Director stated Ms. Boudrot would like to add a 14' by 18' porch on the first floor and a second floor over the rear 20' of the structure. The non-complying structure does not provide the 15' side yard setback and the existing building is grandfathered under the Land Development Code. The expansion of the non-conforming use is prohibited unless a variance is granted. She then responded to questions from Council, clarified for Council that this was before the Board to allow her to rebuild the home portion of the building, and said that because of the mixed use, two different provisions for parking and setbacks exist. Ms. Boudrot said the footprint will remain the same, but there will be more space and a prettier structure, and is taking into consideration the historical value of the structure; and the five foot setback seems to apply to that building. Vice Mayor Burkeen closed the hearing. The Growth Management Manager said the setback is non-conforming now and she did not believe there would be any adverse affect on surrounding properties On MOTION by Mr. Neglia and SECOND by Ms. Coy, the request from Bettina Boudrot'was approved on a roll call vote of 4-0. 8. CHAIRMAN'S MATTERS: none. 9. MEMBERS' MATTERS: none. 10. STAFF MATTERS: none. "" Board of Adjustment Meeting May 10, 2006 Page Three 11. Vice Mayor Burkeen adjourned the Board of Adjustment meeting at 6:53 p.m. Approved at the Board of Adjustment meeting. ATTEST: Nathan B. McCollum, Mayor Sally A. Maio, MMC, City Clerk '2 CfJY OF HOME OF PELICAN 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 ON WEDNESDA Y, JULY 12, 2006, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 54-2- 5.2.4 .(e).(4) OF THE SEBASTIAN LAND DEVELOPMENT CODE. BRADFORD HOMES, INC., IN REGARDS TO LOTS 4, 5, 6, AND 7, BLOCK 1, EDGEWATER PARK SUBDIVISION AND LOCATED AT 705 CLEVELAND STREET, IS REQUESTING A VARIANCE TO ALLOW TOWNHOUSE DEVELOPMENT ON A PROPERTY WHICH IS LESS THAN THE REQUIRED ONE ACRE MINIMUM. NATHAN B. McCOLLUM, CHAIRMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADmSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF TIIE PROCEEDINGS AND MAY NEED TO ENSURE TIIAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH TIIE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH TIIE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR TillS MEETING SHOULD CONTACT TIIE CITY'S. ADA COORDINATOR AT (772) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. Published June 27,2006 ~ HOME Of PEUCAN ISlAND A Iicant If not owner, written authorization Name: K Ct.r- ~a.... f!-a..lV\ 'oe II Address: \~q5 Ru r Lo.l\e Phone Number: (-172. )5~\. - 5<.:,20 City of Sebastian Develo ment Order A Permit Application No. t=="L 3:)A 5 8. 172- ) 58l - 5':>2-3 E-Mail: ~ c e - ,51-o..ha..-'Y\ @j.;.,."\C. C:.o<Y) Owner (If different from applicant) Name: 'B r"A..J. ~ r- J. .\-bMe~ # -r.. V\c . Address: 62-D l B-.1.4 vi €.LU 'n, "} t:=:+. La.-t..i.derdoL\e.. ,-F'L 3?;ObB Phone Number: ( ) - FAX Number: ( ) - E-Mail: Title of permit or action requested: 'l 0..("; a. t'\ <.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): B. Site Information Address:, '105 Cle\fe.\a{\d S~. Lot: Block: Unit: 4 5 t 1- Indian River County Parcel #: 3l O~l<':' DOODD z~~ Classification: Existing Us : Proposed Use: Sl= " Hr: c. DATE RECEIVED: kJ 2../JL(p FEE PAID: $ 350.00 RECEIVED BY: ~ a.. ~ 10 Cj '1 cr- Permit Application No. D. Project Personnel: Aaent: Name: f'C\ C4""'~ ~dV\. P be... ~ ( Address \ 3qq 5 ~Vv Q ~ ,L\'\ i Se,ta b\7 OJ) FL 3:Jq6<g Phone Number: ( 172) ~ I - 5b;;3 FAX Number: (Tl;) ) f5S>( ~ b0~ E-Mail' . . 'Joe_,qrltV\ttV'V\@ Jc>V'lO' eOrvt Attornev: Name: (\0- Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Enaineer: Name: " /t.i:i If\ + 5a..Me. as Address "-J Phone Number: ( ) - FAX Number: ( ) - E-Mail: Surveyor: Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: I, C-~e.s "B>ro.cl.fon:l , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: VI AM THE OWNER ___ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS TH~BJECT MATTER OF THIS APPLlC N, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACC TRU THE ~T OF MY.7DGE AND BELIEF. ~~/3~/~~ DATE/" SWORN TO AND SUBSCRIBED BEFORE ME BY c.. he r l-e. s B ('Ci df.-r d WHO IS PERSONALLY KNOWN TO ME OR PRODUCED -=FL- ..DC- AS IDENTIFICATION, THIS~AYOF hlt1C ,20 D~. NOTARY'S SIGNATURE ;~L.(;y. _ 61-l'~ PRINTED NAME OF NOTARY COMMISSION No.lExPIRATION SEAL: ? !~, ~OF,.l N018ry PubIir. Stale 01 Florida DlN/f\ M Gflmmich Mv CommlsslOII 00542227 Expires 041'812010 I 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, exceptions, and appeals. I/WE, _ THE OWNER(S) I _ 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 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 SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. T IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR EMP O~E, ~NT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. ".,/ <;)---/J tI ~ t SIGNATURE DArE / Sworn to and subscribed before me by (! her l~ B (T; diD r L who is personally known to me or produced =FL. '0 as klentification. this 'Xl"" day of -~~~~JLl.. D Notary's Signature ~ Printed Name of Notary Commission No./Expiration Seal: .. _ ""...Iir State 01 Florida ,.... -'. ;,.,-"mich 227 0ilW" '".. 00542 Mv ""OlTllfllSSIOt1 ." <' ',lI/2010 Exp'le.. \.14. Permit Application No. ~ ~ HOME OF PEUCAN ISlAND Supplemental Information Application to the Board of Adjustment -L 1. This application is for a (check one): ../ variance(s) _ appeal(s) ..L 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): See-tto~ 54 -J..... 5.~ .y(E)(4 ') "':::::::'3. Legal description of the property involved: \-bfs 4.5. tc .r B\~i ~u-Dhr po-rK. ~t;(.Lb. (<1\~~JCl~~~ 4. Attach the following: - ~ \ cuL Ma..p a. Boundary survey of the property executed by a Florida 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. ../ 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. .-L 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 arcel of land that is sub'ect of the a Iication. MARTHA CAMPBELL, P.E. ....................................................................................................................................................... 13995 Ruffuer Lane Sebastian, FL 32958 772-581-5623 May 6, 2006 City of Sebastian Board of Adjustments Subject: Additional Information Regarding Request for Variance Bradford Homes Property on Cleveland Street The subject property is located along Cleveland Street between Indian River Drive and US 1. The property is bordered with townhomes to the north and east and commercial properties to the south and west. The property is zoned Commercial Riverfront (CR)., CR zoning permits RM-8 uses which provides for townhome developments. Mr. Bradford owns two parcels and has an option to purchase two additional parcels depending upon the outcome of his variance request. The combined property area is approximately 0.6 acres, therefore up to four town homes may be permitted on the property based upon the RM-8 density. Allowing a townhouse development on these four parcels will complement the existing adjacent townhome use. Mr. Bradford intends to demolish the existing residence and auto service shop (formerly Ron's Auto Service). The redeveloped property will be a significant improvement to the block and complement the existing neighborhood of townhomes. Additionally, the existing septic tank will be removed and the new townhomes will be connected to the pubic sewer system. Once the variance is approved, a site plan and preliminary plat will be submitted for City review and Council approval. Therefore, additional opportunities to review the planned building and site configuration will be afforded the Council. On behalf of the owner, a variance to the mlnimum lot size for town house development is respectfully requested. Sincerely, Ma4-n" Ql\M~W1 Martha S. Campbell, P.E. Martha Campbell, P .E. 13995 Ruffuer Lane Sebastian, FL 32958 May 5, 2006 City of Sebastian Growth Management This letter serves as notice that Martha Campbell may represent me for applications for variance, site planning, and plat approvals for the property I own and have option to own at Lots 4,5,6, and 7 Block I, Edgewater Park Resubdivision. '7t:~fk. ~~~les;~ ~ " :/~. Bradford Homes 5201 Bayview Drive Ft. Lauderdale, FL 33306 Charles Bergeron 705 Cleveland Street Sebastian,FL 32958 May 5, 2006 City of Sebastian Growth Management The purpose of this letter is to advise the City that Mr. Charles Bradford, Bradford Homes has an option to purchase my property at 705 Cleveland Street and I am aware and endorse his application for variance to the City for a townhouse development on the property . Sincerely, Charles Bergeron C(~ ~~ ~ HOME Of PWCAN ISlAND Growth Management Department Variance Application - Staff Report 1. Project Name: Bradford Homes Proposed Townhouse Development 2. Requested Action: Variance requested from Section 54-2-5.2.4.(e).(4) to allow townhouse development on a property which is less than the required one acre mInImum. 3. Project Location a. Address: 705 Cleveland Street b. Legal: Lots 4, 5, 6, and 7, Block 1, being a resubdivision of Block 1, Edgewater Park c. ParcelID: 313 90600016000000004.0 31390600016000000006.0 4. Project Owner: Bradford Homes, Inc. (Lots 6 & 7) Charles Bradford 5201 Bayview Drive Ft. Lauderdale, FL 33306 Charles Bergeron (Lots 4 & 5) 705 Cleveland Street Sebastian, FL 32958 5. Project Agent: Martha Campbell 13995 Ruffner Lane Sebastian, FL 32958 6. Project Surveyor: Stuart A. Houston Houston, Schulke, Bittle & Stoddard, Inc. 1717 Indian River Blvd., Suite 202C Vero Beach, FL 32960 7. Project Description: a. Narrative of proposed action: Mr. Bradford owns a vacant parcel on Cleveland Street. He also has on option to purchase an improved parcel, which contains a residence and an auto service shop. Mr. Bradford wishes to combine the properties to construct a four-unit townhouse development. However, one of the dimensional requirements of a townhouse development is a minimum lot size of one acre. This property totals approximately .574 acres. Mr. Bradford is requesting a variance from that provision. Please note that this is not a request for a density variance, which is specifically prohibited by code. b. Current Zoning: CR (Commercial Riverfront) c. Adjacent Properties: Zoning North: RM-8 East: RM-8 South: CR West: CR d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: 8. Staff Comments: Current Land Use Future Land Use multi-family residential multi-family residential hardware & parking lot restaurant RMU RMU RMU RMU .574 acres vacant parcel, residence & auto service shop existing well existing septic system Mr. Bradford proposes to construct a four-unit townhouse development on the subject property. The property is zoned Commercial Riverfront and is located in the Riverfront Overlay District. Multi-family residential development, up to 8 2 units per acre, is a permitted use in the CR zoning district. As such, Mr. Bradford may develop the property with as many as four apartments, without the need for a vanance. Townhouse development is uniquely different from other residential development. By Sebastian Land Development Code definition, a townhouse is a one-family dwelling in a group of at least three and not more than ten such units in which each unit has its own front and rear access to the outside, and the units are designed with distinctive facades or varied setbacks. No unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls. Each townhouse unit has fee-simple title. This requires that the property be platted as a townhouse development, with each unit meeting the size requirement of 1,875 square feet, minimum width of25 feet, and minimum depth of75 feet. The dimensional regulations for townhouse development are attached for your reference. Because the minimum lot size (prior to platting the individual units) is one acre, Mr. Bradford has requested a variance. Staff does not know why the minimum one-acre requirement was established or what it is supposed to accomplish. It has no affect on the allowance of residential use (determined by the zoning district) or on the density (determined by the square footage of the property). It has been suggested that the minimum one-acre rule was established to prevent duplex lots in the Sebastian Highlands from subdividing. However, by definition, a townhouse must be at least three but not more than ten one-family dwelling units in a group. Therefore, a duplex on a single lot (as found in the Sebastian Highlands) would not qualify to be platted as a townhouse. In support of townhouse development, each unit is required to provide a garage or carport. However, multi-family apartment buildings of three or more units are not required to provide a garage or carport. In opposition to townhouse development, it should also be noted that standard RM-8 zoning development would provide greater setback requirements than townhouse development as follows: I-story structures 2-story structures Townhouses Front 25 25 25 Rear 25 25 20 Side 10 15* 10 *Plus one foot for each additional two feet in height above 25 feet. For a structure estimated to be 35 feet in height, this would result in a 20-foot setback. 3 As noted above, both rear and side yard setbacks are lesser for townhouse development, which may be less desirable, in this area. 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. 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: In summary, staffhas considered the following points: 1. The zoning district for the subject property, Commercial Riverfront (CR), already allows for multi-family residential use. 2. The proposed townhouse development borders on a multi-family residential district (RM-8) to the north and east with existing residential units. 3. As a townhouse development, each unit will be required to provide a garage. 4. Townhouse development has lesser setbacks for both rear and side yards, 4 Therefore, staff recommends approval of this request with the condition that the future project must comply with the standard setbacks for the RM-8 residential district, rather than the townhouse setbacks. Commission Action: Hold quasi-judicial hearing to consider the request for variance. g e ent Department 7 - 7 - 0" Date VI ~ ^"n ofl / fe\i~~A Growth Management Director <1/7 (a\.~ Date 5 ZONING DISTRICT REGULATIONS ~ 54-2-5.2.4 (6) Minimum living : The minimum floor area required usive of porches, terraces, attached garages, carpo other unenclosed ar s, shall be 1,200 square feet. (7) Required accessory structure: Every' - iunily dwelling unit shall be required to provide a garage or carport. If a carpo or si' unenclosed vehicle storage structure is provided then each unit withi e principal struc shall contain a fully enclosed utility storage area of at lea 60 square feet which shall esigned as an integral part of the principal str ure. If a fully enclosed garage is proVl then no utility structure shall be dated. The garage or carport shall have a minimum interior clear dimension ten feet by 20 feet. (Ord. No. 0-02-9, ~ 1, -24-2002) Sec. 54-2-5.2.4. Medium Density Multiple-Family Residential District (RM-8). (a)" Inten.t~ The RM-8 District is established to implement comprehensive plan policies for managingYrimarilY duplex and multiple-family developments on land designated for medium density residential development. (b) Uses permitted: Single-family dwellings Duplex dwellings Multifamily dwellings Foster care/group homes with 6 ~resi- dents (c) Conditional uses: Foster care/group homes with > 6 resi- dents Child care services Cultural or civic facilities Schools, public or private Golf courses and support facilities Bed and breakfast Home occupations 'Ibwnhouse development Accessory residential uses Nursing homes Churches Utilities, public and private Parks and recreation, public Protective and emergency services, public Model homes Accessory uses to conditional uses (d) Dimensional regulations (excluding townhouse development): (1) Maximum density: Shall not exceed eight units per acre. (2) Maximum height: 35 feet (25 feet for properties east of Indian River Drive). Supp. No.3 LDC5:7 .._m_~ ~ 54-2-5.2.4 SEBASTIAN LAND DEVELOPMENT CODE (3) Lot coverage and open space: Maximum building coverage: 40% Maximum impervious surface: 60% (4) Lot dimensions: Minimum lot size: 10,000 square feet Minimum lot width: 80 feet Minimum lot depth: 100 feet (5) Minimum setbacks: All development must comply with requirements for setbacks from wetlands and open waters established in section 54-3-11.1(c). Minimum open space: 40% Yard Setbacks Front Rear Side (interior) Between residential structures on same lot 1 story 25 25 10 20 2 stories 25' 25' 15* 20 *Plus one (1) foot for each additional two (2) feet in height above twenty-five (25) feet (6) Minimum. living area: Single-family dwellings: The minimum. floor area required for a single-family dwelling, exclusive of porches, terraces, attached garages, carports or other unenclosed areas, shall be 900 square feet. Duplex dwellings: 750 square feet per unit. Mul~iple-family dwellings: REQUIRED MINIMUM LNING AREA IN MULTIPLE-FAMILY DWELLINGS TYpe Dwelling 1 # Bedrooms Required # of Square Feet Efficiencies 600 One bedroom units 700 Two bedroom units 850 Three bedroom units 1,000 Each additional bedroom after three bed- 100 sq. ft. per Additional bedroom rooms (7) Required accessory structures: Every single-family and duplex dwelling unit shall be required to provide a garage or carport. If a carport or similar unenclosed vehicle storage structure is provided then each unit within the principal structure shall contain a fully enclosed utility storage area of at least 60 square feet, which shall be designed as an integral part of the principal structure. If a fully enclosed garage is provided, then no utility structure shall be mandated. The garage or carport shall have a minimum interior clear dimension of ten feet by 20 feet. Supp. No.3 LDC5:8 ZONING DISTRICT REGULATIONS ~ 54-2-5.2.4 {- (e) Dimensional regulations (for townhouse development): Maximum density: Shall not exceed eight units per acre on overall site. Individual lots (units) shall not exceed eight units per primary building or structure.* *For sites of record containing a higher density, the designated comprehensive plan density shall apply. (2) Maximum height: 35 feet (25 feet for properties east of Indian River Drive). (3) Lot coverage and open space: Maximum building coverage: 40% Maximum impervious surface: 60% (4) Lot dimensions: Minimum lot size (prior to platting): 1 acre Minimum interior lot size within a site: 1,875 square feet Minimum open space: 40% Minimum interior lot width: 25 feet Minimum interior lot depth: 75 feet (5) Minimum setbacks: All development must comply with requirements for setbacks from wetlands and open waters established in section 54-3-11.1(c). Yard Setbacks Front Rear Side Side (interior) between buildings 25 20 10 15 (6) Minimum living area: 900 square feet (7) Required garages: Every townhouse unit shall be required to provide a garage. The garage or carport shall have a minimum interior clear dimension often feet by 20 feet. (8). Special regulations: a. Access. All dwelling units shall have access to a public street either directly or indirectly via an approach, private road, or other area dedicated to public or private use or common easement guaranteeing access. The city shall be allowed access on privately owned roads, easements, and common open space to ensure police and fire protection of the area meet emergency needs, conduct city services and generally ensure the health and safety of the residents of the- development. b. Unified control. Title to all land within a proposed site shall be owned or controlled by the developerlowner submitting the applications for the develop- ment. For purposes of this section, the term "controlled by" shall mean that the developer shall have the written consent of all owners of the property within the proposed site not owned by the developer. The consent shall contain a notarized Supp. No.3 LDC5:8.1 ~ 54-2-5.2.4 SEBASTIAN LAND DEVELOPMENT CODE statement that the developer is authorized to represent the owners in the submission of an application under the provisions of this section and that the owners shall agree to be bound by the decision of the city council if the application is approved. c. Development standards. The minimum construction requirements for streets or roads, sidewalks, utilities, and drainage shall be in compliance with city stan- dards. d. Common open space. All privately owned common open space shall conform to its intended use and remain as expressed in the final development plan through the inclusion in all deeds of appropriate restrictions to ensure that the common open space is permanently preserved according to the final development plan. Such deed restrictions shall run with the land and for the benefit of present as well as future property owners and shall contain a prohibition against partition. All common open space, as well as public and recreational facilities, shall be specifically included in the development schedule and be constructed and fully improved by the developer at an equivalent or grater rate than the construction of residential structures. The developer shall establish an association or nonprofit Corporation of all individuals or COrporations owning properties within the development to ensure maintenance of all common open space, The association or nonprofit Corporation shall conform to the following requirements: 1. The developer shall establish the association or nonprofit COrporation prior to sale of any lots. Control of all common open space and recreation facilities shall be passed to the association upon sale or transfer of 90 percent or more of the residential units. 2. Membership in the association or nonprofit corporation shall be mandatory for all residential property owners within the development, and such association or corporation shall not diSCriminate in its members or share- holders. 3. The association or nonprofit corporation shall manage all common open space and recreational and cultural facilities, that are not dedicated to the public; shall provide for the maintenance, administration and operation of such land and any other land within the development not publicly or privately owned; and shall secure adequate liability insurance on the land. The title to all residential property owners shall include an undivided fee simple estate in all common open space or an unrestricted easement for the use and enjoyment of the common open space. COrd. No. 0-01-24, ~ 1CExh. A), 10-24-2001) Sec. 54-2-5.2.5. Mobile Home District CR-MlI). Ca) Intent. The R-MH District is emelit comprehensive plan policies for managing mobile home and certain no - e development on land designated for residential development satisfyin e location requiremen 'teria of this section. Supp. No.3 LDC5:8.2 .......-' ~ '0 .......-' ~ LOT 6 ~ ~ ~ ~ ~ LOT 1 " SEBASTlAN~UARE~ W ALMART SUB ' SE 1/4 Section 6 31s-3ge map # 09.10 compiled 07115103 by the Indian River County Property Appraiser's Office page 1-130 200 I I I I I I I \ I I I I I I I I I I I I \ I I ~' I I '. "'" ... ~ HOME OF PELICAN 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 ADmSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING ON WEDNESDAY, JULY 12, 2006, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 54-2- 5.3.3.(d).(5) OF THE SEBASTIAN LAND DEVELOPMENT CODE. STEVEN LULICH, IN REGARDS TO LOTS 3,4 AND 5, BLOCK 2, REPLAT OF SCHOOL PARK SUBDIVISION, LOCATED AT 1069 MAIN STREET, IS REQUESTING A VARIANCE TO ALLOW A STRUCTURE TO BE AGAINST THE FRONT PROPERTY LINE (0 FOOT SETBACK),WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE SIX (6) FEET SETBACK FROM THE FRONT PROPERTY LINE. NATHAN B. McCOLLUM, CHAIRMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY TIIE BOARD OF ADmSlMENT WITH RESPECT TO ANY MAlTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF TIIE PROCEEDINGS IS MADE, WlllCH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WlllCH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH TIIE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT TIIE CITY'S ADA COORDINATOR AT (772) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF TIIE MEETING. Published June 27, 2006 ~ ~ HOME Of PEliCAN ISLAND A Iicant If not owner, written authorization Name: Steven Lulich Tr Address: P.O. Box 781 Phone Number: (772) 589-"5500 Permit Application No. City of Sebastian Develo ment Order A Sebastian FL FAX Number: ( 772) 589 - 8800 E-Mail: Owner (If different from aoolicant) Name: Address: Phone Number: ( ) - FAX Number: ( ) - E-Mail: I Title of permit or action requested: Variance 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. A. Project Name (if applicable): Lulich B. Site Information Address: Lot: Block: Unit: 3 4 & 5 '.2 Indian River County Parcel #: 31390600005002000003 0 Zoning Classification: Commercial Existing Use: Subdivision: Future Land Use: Proposed Use: C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): See attached DATE RECEIVED: ~~_ FEE PAID: $ 35o~Oo RECEIVEDBY:~ dL.Jt: 0 'l3S CJ . - Permit Application No. D. Project Personnel: Aaent: Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Attornev: Name: steven Lulich, Esq. Address P_O. Box 781390 Sebatian. FT. 1?ql:jR Phone Number: ( 772) 589-5500 FAX Number: (772 )589 - 8800 E-Mail: steve@lulich.com Enaineer: Name: Bruce Moia Address 2455 14th Avenue, Vero Beach. FL 32960 Phone Number: rJ 7 2 ) 569 - 0035 FAX Number: (772 ) 778- 3617 E-Mail: Survevor: Name: William B. Zentz & Associates Address 684 Old Dixie Hwv. V~rn .... -, F'T {?Q~? Phone Number: ( 772) 567 - 7552 FAX Number: ( ) - E-Mail: . I, S~.2.u~'\v \ '-l.. Ll ~ \ -4 ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER_I AM THE LEGAL REPRESENTATIVE OF 'fHE 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 ACCURATE AND TRUE TO THE BEST OF M NOWLEDGE AND BELIEF. NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION No.lExPIRATION SEAL: l/:lb/OC, OAT l~ , SIGNAT E SWORN TO AND SUBSCRIBED BEFORE ME BY g WHO IS PERSONALLY KNO~ ME OR PRO UCED AS IDENTIFICATION, THIS b(~ DAY OF ,,'ttftf, ~i:"ij\y.r~ CARR' A. WARRICK.YOUNG ~ . .; MY COMMISSION # DO 427691 . . EXPIRES: September 4, 2009 Bonded Thru Nolary Public Underwriters 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, exceptions, and appeals. I/WE, 'f...... 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 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 SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. Notary's Signature Printed Name of Notary Commission No.lExpiration Seal: ED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR , CONTRACTOR OR OFFICIAL OF THE CI ,OF SEBASTIAN. t...\ ' DATE who is personally knowQ to me or pro as identification, this ~day of ., CARRI A. WARRICK.YOUNG MY COMMISSION /I DD 427691 EXPIRES: September 4, 2009 Bonded Thru Notary Public UndelWrtters Permit Application No. Mtt- ....- ~ L _1'" . A~,"C~~~;.~,_,- .~~. :~~ HOME"QF PE!JCAHISI.AND Supplemental Information Application to the Board of Adjustment _ 1. This application is for a (check one): -X- 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): 6' deck non-bearing encroachAR, RPT h~rk 3. Legal description of the property involved: Lots 3,4 and 5, Block 2, SCHOOL PARK SUBDIVISION REPLAT, Plat Book 2, Page 29, of the Public Records of Indian River County, Florida. _ 4. Attach the following: 1L- a. Boundary survey of the property executed by a Florida 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. 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 arcel of land that is sub'ect of the a Iication. Building Permit # 05-010601 was issued in January 2006 for the Lulich Office Building at 1069 Main Street. The submitted and approved plans on sheet 1 & 3 (attached) show a 6' 8" balcony on the southwest comer of the building. Concrete slab on the 2nd floor and block and doors have been built and paid for pursuant to drawings and permit. After erection, cable and power lines appeared too close to the balcony. FP & L was contacted and arrangements have been finalized and paid for burying the lines and appropriate easements have been granted. The set back is 6', after confirmation in writing by the engineer and submitted to the city Building Department the balcony was cut back 9" to be within the property line since the sidewall sits 6' 1" inside the property line. It has come to our attention that unlike the county and other jurisdictions, the city does not allow a freestanding balcony to overhang into the set back area. Since the balcony was built accordingly to the permit, and said oversight was not intentional on the part of the city, owner, builder or engineers, we the applicant, at the request of the city, have made application for variance. D ,0-,9 ,0-,2 ,8-,2 , .0-,8 ,1>-,61 D ,1'-,62 8~ ~- ~E ~~ ~'" 2~ f!2~ ce'~ o ~ lL o-.J~ 8~" 2o:!'! "'O~ ~ffie O'-'i; Ol;i_ ~::Jt; [i3D~ ~!li~ <:(::>0 "'ou ~~s>- ~-.JiS ~~ll=U -;;}~<i ~Qj&~ ~~~~ j::j::Iil~:) gg"'~iJ MMiS~~ ",,,,<tue j::l w ~>- WZ >D<!: wUW ..J..J~ ~~<!: Z <l: U STAFF NOTE: DRAWINGS SUBMITTED FOR BUILDING PERMIT w < () - f--- ~ lJ.J uj f--- <~ () ~' ::! Q::;U , I -. <t I.....L...~ f ,9-,S ~ 1'-----.--_______ ..' -----------_ ... ....., ':': ~ n'70~ ~: -'. .... ......,..,..~ ~,i [.1(;,> .r4~"",.!i;RU.ili;1A~~i.,.j';\';' ,..-L."..;".;>.~.;;Jjj;,jAbI[,.<MJ~ "III 11'-7' 4' I~ 3'-4' ~I II -'~ 4'-5' 4' ,r II 4' ~ II 6'-8' ru I (') ~~I<- -'I<-- o I ~ 25'-5' Co~ ru I (v, ,', B' 12'-0' 10' - 3' 4' IW- @~ ru I 00 OFFICE [@ PROVIDE NOMINAL 30. W X I,B'"l. AREA OF RESCUE ASSISTANCE IN FIRE RATED CORRIDOR PROVIDE AUDIO/VISUAL INTERCOM SYSTEM PER 2001, FBC SECT 1/-1,.1.3(9) AND 1/'1,.3.1/ FOR TWO WAY CDMMLNICATI N WITH THE AREA OF RESCUE ASSISTANCE LOCATION IN THE LOWER LEVEL EXIT ARE o . C> I" fu re ~I SECRETARY 12091 ~L CLOSET . o I" ~ 8 ~ a- I ~ OFFICE 1205/ OFFICE 12061 o PROVIDE MINIMUM ONE (1) HOUR FIRE RATED GYPSUM BOARD 18\ CEILING SYSTEM ALONG BOTTOM CHORD OF ROOF TRUSSES o (TYPICAL WHERE SHOWN) V 12'-0' , ~ 4' /8 ,r /4'-9' TI I ----' ~L 5'-2' ~I L- 4' 000000000 ~~/ g ~ 0 ~ PRo BATH ~~Ji{i.: ~~o~f 120;1 Q m I I ~ AT \D UN t- 0 -,- - -I Q o BALCONY . '''L. CAB I I V g ~ ~F i8 4" ~~: "51.: i /"""r-------" g ;- 'IB' V 5'-2~\ 4'-9' ABOVE' ., / 12'-0' o ~ : o ih L ! . PRIVATE LOUNGE @ : ' g (8 I: []ill I ~ i 000000000 ~ - I "- , , , , , ~l ~ I ~ , , , , " , I I I . I _ , I" I (v, : - I I I ) " " " " " , " '-------_../ OFFICE 1200 I TRA Y CEILING Co~ 4'-5' . Iii TI o W l- I- ~ CO ::> (j') (j') (!)I- z~ ~a: <w a:D.. O(!) ..Z w- 1-0 o::! Z::> u..al u..a: <0 I-u.. (j') ~ I /. /')0 /) /' ' ;. r) /j :" , o I" ~ . o I ru '" .. Z'~:' in I ~ :~ '/ '/ ~/: ~~ 4' =- ru I ~ 1--- - 4' ""\ ~ I ~ PI t-- R G. Yi J~ W (! I 04/14/2005 08:43 3219844937 INDIAN RIVER LAGOON PAGE 02 Ed Shinskie Lie. No~- P.E. 47515 4704 Wild Turkey-Rd. Mims, Florida 32754 321-863-3223 April 14, 2006 City of Sebastian Building Department City of Sebastian Re: Permit #05-010601, Lulich Building To Whom It May Concern, The precast panels at the balcony win be modified by removing approxim.ately 9" from. the end of the panels, across the width. of the balcony. This modification poses no impact to the structural integrity of the panels, If yoo have any questions, conceming this- matter, please- call me. " .......:.:..:..~ .. ". , '~~~~=;;~~:~-'~~~!-.;~'::' :~::f~;;; <... .... ~1::~ ....-""'~.~-- '. ... :'::3.:-_..r.oa -.~ijf~fYi'.;a~; ~ :;.~~,. ~~-r-; .'.-::":'v ..' .~'''i'' ,~ ~""'~"""""""""'''''.it 01110/20135 130: 34 5614.895224 ~'~'~''-.i~ _' ST LUCIE SVC CTR Work Request Charges Quotation FPL-Power Systems To: STEVE LULlCH 4607.041-0482 1069 MAIN 5T SEBASTIAN, 32958 C/O MAIN ST & CROSS 5T Quote Number: Description: Quote Date: Preferred Option: No. Payments: ProjEDct: Quotation DetaUs UnIt Refundable? Cost No 2,530.34 Description Differential Cost Charges Due Before Work Starts: Tax: Charges Due On Completion: Tax: PAGE 04 TC21235321 REM1VING OH FACILITIES DUE TO CLEARANCE ISSUES 4110/2006 Yes Quantity 1 2,530.34 0.00 SUbtotal: Subtotal: Total Charges: Total Tax; Total including Tax: Total Refundable: Total Non-Refundable: Total 2,530.34 Due aefore Work y Paid 0.00 0.00 2.530.34 o~oo 2,530.34 0.00 2,530.34 on~ ~30.34 ~ F~L "'" ",'1 , \ I I t J I .:1 .J or ~t ~ o ~ liJ ~ \. - -..~ f{ ~ " ~ ,( J {' 'J i ....-'~""'-. ,. , . ') II, ._-~ '. i I i i / -/ . y~ B1/10/2B05 80:34 5514896224 ST LUCIE SVC eTR PAGE 03 - F=PL Florid'a Power &. U!)ht Company April 10, 2006 1069 Main Street Sebastian, FL 3295& Dear: ML Steve Lullch Enclosed is the ea$ement form mQuired by FPL to provide elactrlc service to the above referenced facility. Please complete the instrument according 10 the following instructions. ~SCRIBE, EXECUTE and RECORD the easement and retum a recorded copy to me. This easement needs to be mlumed to FPL prior to energizing your proposed facility. Failure to do so co\Jld delay the timely installation of yovrelectric facilities. Parcall. D. #:. Enter Parcall. D. # In the upper IEIft portion of the easement form. Describe Easement: . Use the blank arealnU,e middle of the form to describe the easement. If additional space is required, an Exhibit "N attached ~s a 'Eo sheet to- the Instrument may be used. Metes & bounds may be usttd but a center line desCription Is most common. A pictorial view of the eas~ment may also be attached as an EXhibit -K. Easements are usually 10ft in width, 5ft.on etther side of FPL fact1ities to be installed. Signing and Witnessing: A. For Indlvlduah~: All cerson~ shown on 'the deed must sian the easemtlnt.. Enter date in space provided. Sign on th~. indlc:9ted lines on the right slde in the presence Of two (2) sepatate witnesseS, ~ sign on the "nes to the left. ahQ a notary public Who co!Tlp!etes the -acio1owledgement forms as described below. The notarY PubliC may be one of tl'iewitnesses and if so must sign at the left In the space provided. B. For Corporations: Enter date in space provided. The President, or Vice-President and th8 SecretarY or ~n' Assisla.nt.. Secretary a1gn on lines indlC(ited on the right, fining in their title below, in the presence of two (2) separate witnesses, who sign onttle lines to the left, and a notary public Who completes the acknowledgement forms as described below. The corporate seal must be affixed adjacent 10 ihe officer's signatures. . AcknowledgementjS:. The notary public shoukl iegibly fill In all blanks, including state and cOunty of execution, names of individuals or officel'$ signing and their titles, state or county where empowered 10 act. expiration date of commission; fill in the date. sign on line provided, and affix seal adjaeentto the slgnalure of the notary public. Record the Easement If thera are any QUestions with regards to the easement. ple~e call me prior to recording the easement Have the eaaement ReMrded at the City of Sebastian, only the unalw~ FPL standard easement form (form 3722) will be accepted by FPL. . If you have any questions. please call me at 772-489-6215. Sincerely, Patricia Blardinelli Construction Services an FPL Group Company 1744757 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2021 PG: 1852, 04/20/2006 08:35 kM DOC STAMPS D $0.70 EASEMENT This Instrument Prepared By Name: Patricia Blardinellj Co. Name: Florida Power &. liQht COmoany Address: 3301 Ora~ Fort Pierce. Fl 34947 ~orm 3722 (Sloc;l<Qd) Re". 7/94 pg 1 oi 1. * 3 H~ g~~&gReiJ~ ~ 2J6Rs9~Pa~c1rP of the payment of $1.00 and other good and valuable consideration. the adequacy and. receipt of which is hereby. acknowledged, grant and give to Florida Power & Light Company. its liC6TlSees, ~nts, successors, and assigns. an easement forever for the construction, operation and maintenance of overhead ano underground electric utHity facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to'be .installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as. the size of and r.emove sucl1 facilities or any of them within an easement _ feet in . width described as follows: West 5 I of Lot 5 Block 2 ~eplat of SChOOl, Park Subdivision according to the plat thereof/ a.s coJded In Plat Book 2 Page 29 of the Public Records of Indian River COfnty, lo~ida Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable a.nd conduit within tile easement anCl to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the casement area; to trim and cUt and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area whiCh might -intBJfere with or fall upon the Jines or systems or communications or power transmission or distribution; and further graots. to the fullest extent the undersigned has the power to granL if at all, the rights hereinabove ~nted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. .- ...". __ _. '. . IN WITNESS WHEREOF, "'. """."'igned "'" .,,""0 and sealed "'" in.!rum'" on ~6 Signed, ~,ealeC1 and delivered in the presence of: ~... \.[2,~ ~~----- By: ~ UL"~_"~ . mess: :>IgnalUre) - I; llIQna ~Pri'ntName:;;,~ Debr~a ~JOJbe, . -+ :::::~: ~~~~e~a~~l~~~~e~rustee II') . t)ebast:~an, t'L ';s:G~t>t1 LA:. J' tfl~'" Attest: Print Name: Marilyn Wright 1~r.y'$8\9RalUrei (WItness) Print Nama: 81/18/2885 88:34 5514896224 ST LUCIE SVC CT~ Work Request No. 2123532 See.06. Tvvp 31 S. Rge 39 E Parcei 1.0. * (Maintained ~lY Appraiset) Print Address: PAGE 82 STATE OF FLORIDA INDIAN RIVER COUNTY ~ THIS IS TO CERTIFY THAT: IS IS A TRUE AND CORRECT COP OF THE O!=!I~!,~,tL ON FILE INlHI OFFIC, ,.'~;'~~.J!!I,;,~....J!K. MTON, L I'~Y~I.ER,f'to",,\ ~. I '~7~ \~. , ~<l' I"'~ BY . \J. ~l /..q! Dap LERK \~CJ;+">--.......\'l~ . hl -"',,:'-i,. co\\.~. 'DATE L.I """llIlIlIn\l" .1 KDJlf o {Corporate Seal} STATE OF Florida AND COUNTY OF Indian Ri v~rTh8 foregoing instrument was acknowledoed before me this ~ day of April ~ ,20~9by Steven Lulich. . and - respectively the '-',.' President and Secretary of . a ~c:xali~nJ on behalf of said corporation, Who ar~to me or have produced as identification, and .who did (did not) take an oath. -~, / Identification) My Commission Expires: ......... MAfl\LYNG. WRIGKT ~~ IS( cOMMISSION t DO 527571 :~ EXPIRES: MBJdl13, 2010 BoI1dod1lvu NdlrYNIIIc~ CflYOF HOAR OF PELICAN ISlAND Growth Management Department Variance Application - Staff Report 1. Project Name: Steven Lillich Office Building 2. Requested Action: Variance requested from Section 54-2-5.3.3.(d).(5) to allow a structure to be against the front property line (0 foot setback), instead of the required six (6) feet setback from the front property line. 3. Project Location a. Address: 1069 Main Street b. Legal: Lots 3, 4 and 5, Block 2, Replat of School Park Subdivision 4. Project Owner: Steven Lillich, Trustee P. O. Box 781390 Sebastian, FL 32978 5. Project Attorney: Steven Lillich, Esq. P. O. box 7801390 Sebastian, FL 32978 6. Project Engineer: MBV Engineering, Inc. Bruce Moia 2455 14th Avenue Vero Beach, FL 32960 7. Surveyor: William B. Zentz & Associates 6175 Babcock Street, Unit B Pahn Bay, FL 32909 8. Project Description: a. Narrative of proposed action: A variance is being requested to allow a second story deck to extend into the front-yard setback along Cross Street. The required setback is a minimum of six (6) feet. Applicant wishes to allow the deck to be up to the road right of way, with no setback (0 feet). b. Current Zoning: CG (Commercial General) c. Adjacent Properties: Zoning Current Land Future Land Use Use North: PS Church property INS East: PS Church property INS South: CG residence CG West: PS Sebastian Police INS Dept. d. Site Characteristics (1) Total Acreage: .57 acres (2) Current Land Use(s): office (under construction) (3) Water Service: public water (4) Sanitary Sewer Service: public sewer 9. Staff Comments: In June of 2005, the Planning and Zoning Commission approved a site plan for the construction of a new office building for Steven Lulich at 1069 Main Street. In January of 2006, building permits were issued. In April, it was noticed that the second story deck was extremely close to some existing overhead power lines. Subsequently, Wayne Eseltine, Sebastian Building Official, issued a cease and desist letter dated 4/10/06 regarding work associated with the balcony and surrounding construction in that area until such time as the problems could be resolved. Staff has researched the site plan prepared by MBV Engineering, Sheets CI through C5 dated June 9, 2005, and find no reference to the proposed second story deck extension into the setback. However, in the architectural drawings, the second story floor plan and the south elevation does show a deck 2 It is staffs position that the deck is clearly an encroachment into the required front yard. Following are various excerpts from the Sebastian Land Development Code, which are provided in support of that position: 1. Section 54-5-22.2 Building coverage. The percentage of lot area covered by buildings and including roofed porches, decks and similar structures. 2. Section 54-2-5.10 Yard defined. An open space at grade between a building setback and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. Yard, front. A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the structure or any projections thereof other than the projections of uncovered steps and those allowed per section 54-2- 5.10(e)(2)f On corner lots and through lots all yards, which abut the street, are considered front yards for setback purposes. General encroachments into required yards. Every part of every required yard shall be open and unobstructed from its lowest point to the sky, except for ordinary projection of sill, cornices, buttresses, ornamental features and eaves; provided, however, that none of the before named projections shall project into a minimum front yard more than 18 inches nor into the minimum side yard more than 24 inches. In addition the following provisions shall govern other encroachments: (2) Commercial roof overhangs may extend 24 inches into required yard space having a required setback of less than ten feet and may extend 48 inches into a required yard space of more than ten feet. From a procedural standpoint, the site plan is the document that is used to review building coverage, impervious surface, open space, setbacks, and any number of other zoning requirements. The architectural renderings are used to review the "look" of the building, such as roof pitch, exterior materials, and overall height, and to identify the uses within the building. It is staff s position that the deck should have been identified on the site plan. If shown, it would have been routinely identified as an encroachment problem to be dealt with during the review process. Following are various excerpts from the Sebastian Land Code in support of this position: Section 54-4-18.4 Information to be included in site plan. Delineate location of existing and proposed structures. 3 Include the location design and character of all concurrency facilities and other utilities, such as underground or overhead electric lines, gas transmission lines, or other similar facilities or services, on the site plan. Existing (where appropriate) and proposed building layout, including building footprints. Indicate dimensions on site plan to demonstrate compliance with setbacks and other size and dimension regulations. The applicant shall acknowledge in writing that the applicant shall bear the burden of demonstrating that the construction activity is consistent with the site plan and has occurred in a timely manner consistent with the approved construction management plan and inspection schedule. 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. 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. 4 Staff Recommendation: Staff recommends one of the following two options: Option 1: Deny the variance request. Applicant will remove the deck encroachment and modify the second floor doorway into a window feature. Option 2: Deny the variance request. However, applicant will modify the site plan to provide off-site improvements of sidewalk, curb and gutter along Cross Street to the full extent of his property. This would then allow him to utilize the Commercial General front-yard setback with sidewalks, curb and gutters of 0 feet. Therefore, he could keep the deck extension and no variance would be needed. This may be the best option for access to other undeveloped properties on the unimproved extension of Cross Street to the north. Commission Action: Hold quasi-judicial hearing to consider the request for variance. King ement Department 7 - 7-0Cp Date ~~ Reviewed by Rebecca Grohall Growth Management Director 7 h 10 ~ Date 5 CITY Of SEBAS~~N ,-.' .....__r_,..__..u. .<..~~ ....~' HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET' SEBASTIAN, FLORIDA32958 TELEPHONE: (772) 589-5537 . FAX (772) 589-2566 4/1 0/06 Windstar Builders Inc. Mr. Steven Lulich P.O. Box 781390 Sebastian, Fl. 32978 Re: Building under construction at 1069 Main St. in Sebastian Mr. Steven Lulich It has been brought to my attention that there appears to be a problem with the building under construction at 1069 Main St. in Sebastian. It has been reported that the exterior balcony on the second floor of the west side of the building under construction, does not provide the required clearances to the utility lines on the west side of the property. It also appears that the approved site plan did not show the exterior balcony in the footprint of the building, but the floor plan and elevation plan depicting the balcony shows dimensions that indicate the balcony is encroaching the side setback requirements and also encroaches into the right of way. In view of the above mentioned problems associated with the exterior balcony located on the second floor west side of the building, I am hereby directing you to cease and desist all work associated with the balcony and surrounding construction in this area until such time the apparent problems are resolved to the satisfaction of the Utility Companies involved, Growth Management Department and City Officials. I am requesting, that you contact Rebecca Grohall, Director of Growth Management at 589-5518 to obtain more information on the City's position in regards to this matter. I also encourage you to contact me at any time you have questions or concerns where I can be of assistance. Thank you for your cooperation Sincerely, !!fr~ -~~ Wayne Eseltine, CBO Building Official City of Sebastian cc Al Minner, City Manager Rich Stringer, City Attorney Rebecca Grohall, Growth Management Director "An Equal Opportunity Employer" Celebrating Our 75th Anniversary 3 ~ ogoi ,,9lil8ol.O 06 ' 19.00AC TW I::i1 o z <I:; ~ GOV. . . 7.78 At 4 ..'" OOCOO 0040 00018,1 "'2'" ...., .... At 00000 6000 00003.0 200 400 600 J 00000 0030 00001,2 00000 0030 00003.0 ....'" 00000 0030 00001.0 ....'" 00000 6000 00001.1 uaAC, NW 1/4 Section 6 31s-3ge map # 09.07 compiled 07/15103 by the Indian River County Property Appraiser's Office page 1-128