HomeMy WebLinkAbout09132006 BOA Agenda
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HOME. OF PEUCAN ISlAND
1225 MAIN STREET . SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 . FAX (772) 388-8248
AGENDA
BOARD OF ADJUSTMENT
WEDNESDAY. SEPTEMBER 13.2006
6:00 P.M.
1.
2.
3.
4.
5.
6.
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
ANNOUNCEMENTS:
APPROVAL OF MINUTES:
OLD BUSINESS:
Meeting of 8-9-06.
A. QUASI-JUDICIAL PUBLIC HEARING:
(rehearing)
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.
7. NEW BUSINESS:
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
ADmSTMENT 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 ACCOMMODA nON 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, AUGUST 9, 2006, 6:45 PM
MINUTES
1. ' Mayor McCollum called the Board of Adjustment meeting to order at 6:45 p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL
City Council Present:
Mayor Nathan McCollum
Vice-Mayor Brian Burkeen
Council Member Andrea Coy
Council Member Sal Neglia
Council Member AI Paternoster
Staff Present:
City Manager, AI Minner
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Growth Management Director, Rebecca Grohall
MIS Systems Analyst, Barbara Brooke
4. ANNOUNCEMENTS: None
5. APPROVAL OF MINUTES: July 12, 2006
On MOTION by Mr. Neglia, and SECOND by Mr. Burkeen, the July 12th, 2006 minutes
were approved on a voice vote of 5-0.
6. OLD BUSINESS:
None.
Board of Adjustment Meeting
July 12, 2006
Page Two
7. NEW BUSINESS
A. Consideration of request for a rehearing by Steven Lulich regarding
variance denial of July 12, 2006.
The City Manager explained that the request for consideration was submitted by
Mr. Neglia but anyone of the members could make the request to bring this back
before Council.
The City Manager stated Council could rehear the request September 13th or
hold the motion as it stands and deny the balcony request.
Mayor McCollum said his vote would stay the same because the balcony was not
indicated on the site plan.
Mr. Burkeen said he was absent and not familiar with the situation so he would
be willing to hear the request.
Ms. Coy said she would be willing to give the applicant the benefit of doubt and
rehear the request.
Mr. Paternoster said because the many discrepancies he would rehear the
request.
Mr. Neglia supported rehearing the case and possibly requesting the applicant to
make other improvements.
On a MOTION by Mr. Neglia and a SECOND by Ms. Coy, Council decided to
rehear the request on September 13th, 2006 with a voice vote of 4-1. (McCollum-
nay)
CHAIRMAN'S MATTERS: None.
8.
9.
MEMBERS' MATTERS: None.
10.
STAFF MATTERS: None.
11.
Being no further business, Mayor McCollum adjourned the meeting at 6:53 p.m.
Approved at the
Board of Adjustment meeting.
ATTEST:
Brian Burkeen, Mayor
Sally A Maio, MMC, City Clerk
2
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,
SEPTEMBER 13,2006, 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.
NATHANB. 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 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.
Published August 29, 2006
OlYCI'
Permit Application No.
City of Sebastian
Develo ment Order A
Steven Lulich Tr
Address:
P.O. Box 781
Phone Number: (772) 589-'5500
E-Mail:
Sebastian FL
FAX. Number: ( 772) 589 - 8800
Owner (If different from applicant)
Name:
Address:
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
I Title of permit or action requested:
'Vari3.:A.oc
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 ':
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:~
c1LJt: 0 '135"" (j -
Permit Application No.
D. Project Personnel:
AQent:
Name:
Address
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
Attornev:
Name:
steven Lulich, Esq.
Address
P.O. Box 781390. Sebatian FT. -:t?qI:iR
Phone Number: ( 772) 589-5500 FAX Number: (772 )589 - 8800
E-Mail:
steve@lulich.com
Engineer:
Name:
Bruce Moia
Address
2455 14th Avenue. Vero Beach. FL 32960
Phone Number: fJ 7 2 ) 569 - 0035 FAX Number: (772 ) 778- 3617
E-Mail:
Surveyor:
Name:
William B. Zentz & Associates
Address
684 Old'DJL:xie Hwy. VBrn "0..........,,).., li'T. ~?ah?
Phone Number: (772) 567 - 7552 FAX Number: ( ) -
E-Mail: ^
I, S\-.2.UdZ..'\;V \ '-l. Ll ~ \ '" . BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: ~ I AM THE OWNER_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
ACCURAT AND TRUE TO :THE BEST OF NOWLEDGE AND BELIEF.
1/:110 lore
OAT
SIGNAT E
SWORN TO AND SUBSCRIBED BEFORE ME BY g.
WHO IS PERSONALLY KNOV ME OR PRp UCED
AS IDENTIFICATION, THIS b<~ DAY OF
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION No./ExPIRATION
SEAL:
~t'\iii~~-. CARRI A. WARRICK-YOUNG
f*: :~ MY COMMISSION # DO 427691
~~ EXPIRES: September 4, 2009
"" Bonded Thru Notary Public UndeJwritenI
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, 'j..... 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.
Sworn to and subscribed before me by
who is personally knowQ to me or pro uced
as identification, this ~ day of n
ED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
, CONTRACTOR OR OFFICIAL OF THE CI OF SEBASTIAN.
L.\ I
DATE
Notary's Signature
Printed Name of Notary
Commission No.lExpiration
Seal:
'.yt-.
k~ '~"'.!"4 CARRI A. W""
g ~.~?:'!<t:~ . ""RICK.YOUNG
i ~.~~;j . M:.x~~~~~~~~~~r~~~l
~ ~~.....O':., Bonded
; ''I, ::.~,.., Thru Notary Public Underwrfters
~.It~""""..",~""'---"'~
~
Permit Application No.
~
~
aQME PI' PEJJq.N.ISI.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 encroachp.~, ~p~ n~~k
. .. 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 corner 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. .
.~,.--.~..-..........
04/14/2005 08:43
3219844937
INDIAN RIVER LAGOON
Ed Shinskie
Lic~ No~- P.E. 47515
4704 Wild TurkeyRd.
Mjm~ Florida 32754
321-863-3223
April 14, 2006
City ~f Sebastian Building Department
City of Sebastian
Re: Permit #05-010601> Lulich Building
To Whom It May Concern,
Tbe precast panels at the balcony win be modified by removing approximately 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 Y0U have an!.q:restions', concerning this- matter, please- call me.
.. ~'.. ~ -:.': .:,,:-.h
.~~<;~;~~_.~~\-~~.,'~.. :~:~:~;~;,;
~:... '1;.'~ -. ~~f~4";~(;-:~~:~
-......:.:...:..~_I'o...-.~-:rl "l--a-~ ..~:).~~of"'r:
.,.~ xt'o :J&Wai1f'F:~""'-:':'
~~=~~f>:til~,}f~:I;;~
. . r",,-_ :'. . 'V_"":,,,,:,~'-''''' ~...... ....:-<"..co
"::~~~~'~:f:;;~'::'~.:': '~;.~.~ift ~,,:f.:':';':'.~,.'~7.
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__~{:?(:.;~~;:~~~J;~~~EilF~...~..
PAGE 02
01/10/2005 00;34 5514895224
-:'~..";."-.l~ ...
ST LUCIE SVC CTR
Work. Request Charges Quotation
FPL-Power Systems
To: STEVE LULlCH
4607-041-0482
1069 MAIN ST
SEBASTIAN,32958
C/O MAIN ST & CROSS ST
Quote Number:
D8scriptlon:
Quote Date:
Preferred Option:
No. Payments:
Project:
Quotation Details
UnIt
Refundable? Cost
No 2,530.34
Description
Differential Cost
Charges Due Before Work Starts:
Tax:
Charges Due On CompleUon:
Tax:
PAGE 64
TC21235321
REMIVING OH FACILITIES DUE TO
CLEARANCE ISSUES
4'''0/2006
Yes
Quantity
1
Total
2,530.34
Due
Before
Work
y
Paid
2,530.34
0.00
SUbtotal:
Subtotal:
Total ChJrges:
Total Tax~
Total including Tax:
Total Refundable:
Tolal Non-Refundable:
0.00
0.00
2,530.34
0;00
2,530.34
0,00
2,530.3.4
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01/10/2B05 80:34
5514895224
ST LUCIE SVC CTR
PAGE 03
fj
F=PL
Florio'a Power & Ught Company
April 10, 2006
1069 Main Street
. Sebastian, FL 32958
Dear: ML Steve Lullch
Enclosed is the easement form required by FPl to provide elactOc service to the above referenced facility. Please complete
the instrument according 10' the following instructions. ~SCRIBE, EXECUTE and RECORD the ease'!l.ent an~ return a
recorded copy to me. This easement needs to be returned to FPL prior to energizing your proposed faCIlity. FaIlure to do
so COuld delay. the timely installation of your electric facilities.
Parcell. D. #: Enter Patcall. D. # In the upper 18ft portion of the easement form.
Describe Easement:
. Use the blank arealnU,e middle of the form 10 describe the easement; If addltional space is required, an
. exhibit "A" attached jlS a ZW sheet to. the Instrument may be used. Metes & bounds may be usetd but a
center line desCription Is most common. A pictorial vieW of the ea~ment may also be atfached as an
exhibit '"K. Easements are usually'Oft in width, 5ft.on either side of FPl faCl1ities to be installed.
Signing and Witnessing: .
A. For IndIVidual.: All ~n~ shown on 1he deed must sian the easement, Enter data in s~ce provided.
Sign on t~. indicated lines on the right side in the presence Of two (2) separate witnesseS, ~o sign on
the lines to the left, ahC;l a notary public Who complet.es the -aetmowledgement lonns as dE$CnDedbelOw.
The notary' PubliC may be one of tnewitnesses and if so must sign at the left In. the space p~vided.
B. F.or Corporations: Enter date in space provided. The Presiden~. or V1c>>-Presidenl and the Secretar.y' or
itn. Assistal't. Secretary a1gn on lines indlClited on the right,fiDing in their title below. in the presence of two
(2) separate witnesses, who sign oil 'the lines to the left, and a nptary public Who completes the
acknowledgement forms as described below. The corporate seal muSt be affixed adjacent to 1tie officer's
signatures. ,
Acknowledg.meri~: .
The notary public shoukllegibly flll In all blanks, InCluding state and cOur\ty of execution, names of
individuals or officel'$ signing end their titles, state or county where empowered to act. expiratiOn date Of
commission; fill in the date. sign on line provided, and affix seal adjaCent 10 the signature of the notary
pUblic.
Record the Easement:
If there are any QUestiOns with nt9~rds. to the easement, ple~e call me prior to recording the easement.
Have the. easement Ret:brded at the City of Sebastian, only.the unaltered FPL standard easement fol'lTi
(fonn 3722) will be accepted by FPL.' .
If you have any questions. please call me at 712-489-62is.
Sincerely.
Pa1ricia Blare/ine/Ii
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 InslrufTl9nt Prepared By
Nama: E'..lr1cia Blardineffi
Co. Name: FIQt\da P~r &. LiOht ComDany
Alldress: 3301 Orn~
Fort Pierce, Fl 34947
I=orrn 3722 (Sloc\CQd) Rev. "'94 pg 1 of 1.
*31390600D0500200000':l 0
'The unclerSlgnea. In consTdlll"alldri of the payment of $1.00 and other good
and valuable consideration, the adequacy and, receipt of which is hereby.
acknowledgeC1, grant and give 10 Floricla Power & Light Company, its
licensees, ;,gents. successors, and assigns. an easement forever for the
construction. operation and maintenance of overhead and underground
electric utility facilities (including wires, poles, guys, cables, conduits and
appurtenant equipment) 10'be .installed from, time to time; with the right to
reconstruct, improve, add to, enlarge, change the voltage. as well as. the size
of and ramove such facilities or any of them within an easement _ feet in
. width described as follows: West 5 I of Lot 5 Block 2
~eplat of School Pa~k SubdiVision according to the plat thereof/ as ~coJded
~n Plat Book 2 Page 29 of the Public Records of Indian River cotnty,-~lotida
Together with the right to penn it any other person, firm or COrporation to attach wires to any facilities hereunder' and lay cable
and conduit within tile easemertt ana to operate the same for communications purposes; the right of ingress. anti egress to said
premises at all limes; the right to clear the land and keep it cleared of all trees, undergrowth anCl other obstructions within the
Ci!lSement area; to trim and cUt and keep trimmed and cut all dead. weak.. leaning or dangerous trees or limbs outside of the
BaSement area whieh mighl -inlBrtere with or fall upon the Jines or systems or communications or power trarJ$mission or
distribution; and further gT8Qts, to the fullest extent the undersigned has the power 10 granl if at all, the rights hereinabove
9~"ted on the land heretofore described, over, along, under and across the roads. streets Dr highways adjoining or through
said prQpe~. '- '-" .. _. .. . .
IN WITNESS WHEREOF,. !he u~ersigned has signed and sealed this instrument on r i 1
81/15/2885 86:34 5614896224
ST LUCIE SIJC CT-R
'.'l'~,.'.., .
Work Request No. 2123532
8ec.06. Twp 31 S. Rge 39 E
Parcei 1.0. *
(Mainlainecl b;COU;ity Appraiser)
PAGE B2
K-odif
~
Signed, sealed and delivered in the presence of:
\. r--.., .~. ~-A "'--'
~.;----- )> ~ .
. uness: .:iIQllaWlB}
~::;~,+
Print Name: Marilyn Wright
IWllneas)
By:
Print Name; Steven Lulich. Trustee
p.nt...... 1069 Main Street
n nuul'8l1S:
Sebast:~an, l"L j~~t>ts
Attest:
Print Nama:
Print Address:
\>::itICrclar;y'lI 81gna1ure)
(Corporate Seal)
STATE OF Florida AND COUNTY OFIndian Ri vE?rThe foregoing instrument was acknowledoed before me this
~ day of April .. ,20~9by Steven Lulich. , and .
respectivety the -~ ',.. President and Secretary of . a
corporation, on behalf of. said c:orporation. Who ar~to me or have produced as
identification. and who did (did not} take an oath. . ~, lldendficadon)
My Commission ~es:
MNlILYNG. 'AftGHT
MY cOMMIssION t DO 527571
EXPIRES: Man:b 13, 2010
Baldod 1l1u NoIIIy !'ubi> UndI<wrIlola
CI1Ym
HOME OF PELICAN ISLAND
Growth Management Department
Variance Application - Staff Report
1.
Project Name:
Steven Lulich 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 Lulich, 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
Palm 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
of2006, building permits were issu.ed.
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 4/1 0/06 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 C 1 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)j 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 appli~t.
Co 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. In the future, Cross
Street may be the primary access for a number of undeveloped parcels to the north.
This solution will allow Mr. Lulich to keep his deck, while providing improvement
to a public street.
Commission Action:
Hold quasi-judicial hearing to consider the request for variance.
Q:: berKing
Growth Management Department
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Date
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teviewed by Rebecca Grohall
Growth Management Director
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Date
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CITY OF
SEBAS~I~N
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HOME OF PELICAN ISLAND
BUILDING DEPARTMENT
1225 MAIN STREET. SEBASTIAN, FLORIDA32958
TELEPHONE: (772) 589-5537 . FAX (772) 589-2566
4/10/06
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~ -V'~
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
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