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HomeMy WebLinkAbout10252006 BOA Agenda cny OF HOME Of PELICAN ISLAND 1225 MAIN STREET . SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 . FAX (772) 388-8248 AGENDA BOARD OF ADJUSTMENT WEDNESDAY. OCTOBER 25. 2006 6:00 P.M. 1. 2. 3. 4. 5. 6. 7. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: ANNOUNCEMENTS: APPROVAL OF MINUTES: OLD BUSINESS: NEW BUSINESS: Meeting of 9-13-06 QUASI-JUDICIAL PUBLIC HEARING: DAMIEN GILLIAMS APPEAL OF AN ADMINISTRATIVE DECISION TO DENY THE RECONSTRUCTION OF A NONCONFORMING SIGN AT 1623 U.S. 1 FOR NONCOMPLIANCE OF THE SEBASTIAN LAND DEVELOPMENT CODE. 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. 0lY a' ~ .~.--=:...- .--.-.--. . ,~ HOME OF PELICAN ISlAND BOARD OF ADJUSTMENT COUNCIL CHAMBERS 1225 MAIN STREET SEBASTIAN, FL 32958 WEDNESDAY, SEPTEMBER 13, 2006 - 6:00 PM MINUTES 1. Mayor Burkeen called the Board of Adjustment meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Brian Burkeen Council Member Andrea Coy Council Member Nathan McCollum 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 Growth Management Manager, Jan King MIS Systems Analyst, Barbara Brooke 4. ANNOUNCEMENTS: None 5. APPROVAL OF MINUTES: August 9,2006 On MOTION by Mr. Neglia, and SECOND by Mr. Paternoster, the August 9, 2006 minutes were approved on a voice vote of 5-0. 6. OLD BUSINESS: A. Quasi-Judicial Hearing (Re-Hearing) STEVEN LULlCH: IN REGARDS TO LOTS 3, 4, AND 5 BLOCK 2, REPLA T 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. Board of Adjustment Meeting September 13, 2006 Page Two City Attorney explained procedure and the City Clerk swore in all those who intended to offer testimony. Steven Lulich said his balcony showed on the elevation and floor plan but not on the site plan, noting in some jurisdictions do not require the showing overhangs. He submitted exhibits 1, 2, 3 and 4. Exhibit 1 is a copy of the building permit issued by the City of Sebastian, Exhibit 2 is a second copy of the same, Exhibit 3 is written comments by the Building Department with "Approved" noted in the status area of the Growth Management Dept. and Bldg. Dept. on the form. Exhibit 4 is a memo by Mr. Lulich describing case law relevant to his situation. He said he acted in good faith, incurred extra expense and requested that the stop work order be lifted. The Growth Management Director pointed out Mr. Lulich received a stop work order only for the balcony structure not the whole project. The Growth Management Manager, briefly described the record that was submitted by Mr. Lulich and went over option that the Board could consider. Mr. Neglia said because the balcony indication was not clear, he bought this back. He said because Mr. Lulich has put the utility wires underground, is willing to put in a sidewalk and has made good faith effort, he could support the variance. Ms. Coy said he has tried his best but was concerned that trucks could clip the structure and would support a sidewalk would make the delineation more clear. Mr. McCollum asked if the highlighted, 12/22/05 document went to Planning & Zoning and the Growth Management Manager explained it was a set of plans drawn up after it goes to Planning & Zoning to indicate review for the Building Dept. Mr. McCollum said he would concede and go along with the requirement of a sidewalk. In response to the Mayor, the Growth Management Manager said a site plan should show a balcony because every encroachment should be shown. Mr. Paternoster asked if a curb would suffice over and above a sidewalk and the City Attorney said a curb would be more expensive. Attorney Lulich said a sidewalk is approximately $3,000 and a curb with drainage is approximately $12,000. The City Manager said the sidewalk has to be five feet from the edge of the road. Attorney Lulich said the City's sidewalk on Cross Street has no curb and is right alongside the street. He said he was planning to put a hedge there but if the City would rather have a sidewalk that's what he would do. 2 Board of Adjustment Meeting September 13, 2006 Page Three In response to Mayor Burkeen, the City Attorney said there is no requirement for a variance for the location of the sidewalk. Mayor Burkeen favored a pervious surface. The Growth Management Director said it would have to be a continuous hedge from Main Street to the back of the property, and it could be a three foot or taper to a four foot hedge. Attorney Lulich said he would put in a hedge along the length of the building. On a MOTION by Mr. McCollum with a SECOND by Ms. Coy the variance requiring at least a four foot high hedge along the building was approved with a roll call 5-0. 7. NEW BUSINESS - None 8. CHAIRMAN'S MATTERS: None. 9. MEMBERS' MATTERS: None. 10. STAFF MATTERS: None. 11. Being no further business, Mayor Burkeen adjourned the meeting at 6:35 p.m. Approved at the Board of Adjustment meeting. ATTEST: Brian Burkeen, Mayor Sally A. Maio, MMC, City Clerk 3 CIlYor - 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 WEDNESDAY, OCTOBER 25,2006, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER AN APPEAL OF AN ADMINISTRATIVE DECISION REGARDING SECTION 54-3-16.8(a), AND SECTION 54-4- 21.A.8(g)(5)d OF THE SEBASTIAN LAND DEVELOPMENT CODE. DAMIEN GILLIAMS HAS APPEALED THE ADMINISTRATIVE DECISION TO DENY THE RECONSTRUCTION OF A NONCONFORMING SIGN AT 1623 U.S. 1 FOR NONCOMPLIANCE OF THE SEBASTIAN LAND DEVELOPMENT CODE. BRIAN S. BURKEEN, CHAIRMAN BOARD OF ADmSTMENT CITY OF SEBASTIAN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY TI:IE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATIER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF TI:IE PROCEEDINGS IS MADE, wmCH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON wmCH TI:IE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH TI:IE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT TI:IE CITY'S ADA COORDINATOR AT (772) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. Published October 10, 2006 \)A yv11-C..-{/\ b l { (t ~V\. <) ( (p ? ~ V S t+LL>f - \ 5~ g iA \ rl \ \A r0 e: l ') 2- ~ )- ~ yprr (q LO\:)~ , ~c( s' ~ Vt f f 1 d'tA -7, L,,^",- ! sf iA-C- VI L-~ 1.0 0 \) 0 7 ~-l r 9~.t'3Ir\)1",vhV C~-<(v',\'(J ,gUt '-~t.^-cl \ ~'-z... 7,.. U S \ ,"" ,/ 14/ '\tg\9Z021<~:b ".. 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FL 32958 RE: Freestanding Sian at 1623 U.S. 1 Dear AttomeyCarter: On February 10,200', you submitted an infonnaJ roc:;ucst for a repair and rcconstn,lction "cnnit fot tae above' referenced sign. Subsequent to that request, the sisn 'I1't'as inspected by out' Building DitcCtor to estab1j.sh the extent ofthc damages to >:our siSCo Attached is a copy of that report. t . BasccS' on that report, it is my determination that the sign as been damaged beyond 50%, and can only be reconstruc:ted or repaired in full confonnar.cc with all pro..isions of the Lar..d Development C<Rte, Article XVI Signage and Advertising, as we;1 as the special provisions :n Article XX! Performance Overlay Districts. . 1:1 can be of any further assistance to you in th:s mattet', please let me know. ;;;y ~ Growth Management Department \ \ Jc(,~ CIlYOI' SE.AST~ ~ -"-.-- -, . -. .~' ........-.,''''..... '. -'- .. - ,- - .~ d'" ,. ..,.... ,._.".....~ _"~'~'I' ;.~e.~':.;~t..~.~::-~_.~.. ""', ,..., '." "'.;': HOME Of PELICAN ISLAND 1225 MAIN STREET . SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 . FAX (772) 388-8248 September 13,2006 ~"" \-O~y Mr. BurneyJ. Carter, President Sebastian Executive Building Condominium Association, Inc. 1623 U.S. 1 Sebastian, FL 32958 RE: Sign Application Tracking No. 60002515 Sebastian Executive Building 1623 U.S. 1 Dear Attorney Carter: The applicatiori that you have submitted for the reconstruction of the freestanding sign located at 1623 U.S. Highway 1 has been denied. Staff has determined that more than 50% of the sign has been damaged. In fact, more than 50% of the sign is actually missing. Therefore, the sign can only be reconstructed or repaired in full conformance with all provisions of the Land Development Code, Article XVI Signage and Advertising, as well as the special provisions in Article XXI Performance Overlay Districts. Your proposed sign exceeds the maximum height limitation of ten feet. Also, the sign must be constructed in a monument style. Please modi1Y your plans accordingly, and resubmit for further review. In can be of any further assistance to you in this matter, please let me know. Sincerely, , (J":. ~ lan Kmg, Manager Growth Management Department I J'~~ Jan King From: Sent: To: Cc: Subject: Wayne Eseltine Tuesday, April 12, 2005 10:52 AM Tracy Hass; Rich Stringer Jan King Sign damage inspection at Sebastian Executive Building Tracy, Jan and Rich As per our conversation y~sterday, we initially did an inspection on a pole sign that Is south of the Sebastian Executive Building. Yesterday we inspected the sign in question at the Sebastian Executive Building. Our findings were based on the initial sign permit plans, which shows two tube columns were set in concrete foundations on each side of the sign and extend approximately half way up the over all height of the sign. The tube columns appear to be in tact, however; we were not able to see the attachments of the sign cabinet to the tube columns. The sign structure was covered with plywood wire lathe and stucco over the tube columns and formed an arch in the middle to give it a concrete structure look. It appears that the plywood wire lath and stucco has deteriated through age and storm damage. The top +/- 4'-0 of the decorative portion of the columns was missing on each side and the stucco has large stress cracks at each side that appear to have been patched at one time indicating they existed bef-ore the storm. Tne electrical wiring of the sign has been. damaged and there is evidence that a fire had partially melted a portion of the plastic sign inserts when the power was restored to the site' after the storm. , Based on the above observations, and the apparent deteriation and damages to the sign, the structural integrity of the sign is questionable. Therefore, in order for the sign to be restored we will require an engineer to evaluate the structure to determine if it will meet the current wind load requirements and Include details for the required repairs. Building permits will be required to repair the sign and re-wire the electrical. Please contact me if I can be of any further assistance. Wayne Eseltine Building Director 1 B5/24/26B5 15:32 7727783617 MEV ENGINEERING PAGE en/61 t1 C(S c( MBV ENGINEERING, INe MOIA,. BOWLES, VlLLA.MIZAR. &. ASSOCIATES CONSULTING ENGINEERS CA 3728 '2455-1411'l AvENuE VERO BF..ACH. FLORJ.1)A 32960 PHONE (772) 569.0035 FAX (772) 778.36J7 PROJECT 05.387 NUMBER; COpy I FAX TO: Damien Gilliam, J Sebastian Executive Center Sign Inspection DATE: 5/23/05 BUILDING DEVELOPER: SITE . CONTRACTOR: UNIT INSPECTED BY: B. Moia., P.E. WEATHER Sunny SITE INSPECTION NOTES: Inspection of hunicane related damage to existing freestanding sign. Inspection revealed that no structural damage was sustained. Minor damage to the sign including stucco, translucent sign panels and electrical system. Estimated percentage of damage to sign structure is 15% to 200t'o. ACTION RE UIRED: 1. Repair electrical system as necessary. 2. Replace sign ~t~~':.! ".! if I, .0 ..0 3. Repair stu .0..0 0 ..\.~ - . - ~o... .' o. .:. ~\OI .-". dJL~ .:. "" ..~:.. :.':::. (:.~ .~~;; '1.~:. r!..-. .. ..... ," ......- .", ", ...::. : ';"~'" ~ . -.. -..... - ;~.~. :', ..... :::: ..........; . "'.~'..:.~._I~~:~:~~ :~: :'~ .:.~, :":. - .~. ~.. ~~ ':~:~~.'.:" . g~..~ LORIDA REAL ESTATE 1 US #1 SEBASTIAN, ~L @ 4' -()" ~ 2'-0" 16'-()" 10'-0" INTERNALLY ILlUMINATED DOUBLE SIDED SIGN REFURBISHMENT REMOVE ALL EXISTING SIGN FACES & REPLACE WITH NEW HIGH IMPACTTRANSWCENT PAN FORMED ACRYUC FACES NEW FACES TO HAVE OUTSIDE SURFACE APPUED VINYL DECORATION REMOVE EXISTING POLE COVERING & REPLACE WITH NEW 1/8" THICK FABRICATED ALUMINUM COVERING, NEW COVERING TO HAVE LT. SPRAY STUCCO ACRYUC ENAMEL COVERING REPAINT EXISTING CABINET, RELAMP & WIRE AS NEEDED ::.~. . . HOME OF PELICAN ISLAND 1225 MAIN STREET. SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 . FAX (772) 388-8248 TO: Board of Adjustment FROM: Rebecca Grohall, Director ~"'Jan King, Manager o Growth Management Department DATE: October 19,2006 RE: Appeal of Sign Permit Denial Sebastian Executive Building Department 1623 U.S. 1 On September 7, 2006, the president of the Sebastian Executive Building owner's association applied for a sign permit to repair the freestanding sign located at 1623 U.S. 1. Reconstruction of the sign was denied for zoning issues as stated in the attached letter to Burney Carter dated September 14,2006. The issues are as follows: Section 54-3-16.8. Nonconforming signs (From Article XVI. Signage and Advertising) (1) Impact of damage to nonconforming signs. Any nonconforming sign which is destroyed or damaged, to the extent of 50% or more, or is altered or replaced, shall not be altered, replaced or reinstalled unless and until it shall have been made to conform to the provisions of this article. Based on the visual inspection of the sign by the Building Director and the Growth Management staff, we have determined that more than 50% of the sign has been damaged. In fact, more than 50% of the sign is actually missing. The inspection report by Wayne Eseltine is attached for your information. The Building Department director has noted not only substantial structural damage to the sign, but also evidence of an electrical fIre that damaged whatever was left of the wiring. Also provided are several photos of the sign, which have been provided by Code Enforcement staff. Stafrs position that the sign is more than 50% damaged has been consistent since the sign was damaged by the hurricanes of 2004. Please refer to Tracy Hass's memo dated May 17,2005. The sign contractor, Art-Kraft Signs, has indicated to Growth Management Staff that the remaining sign is so badly damaged that the entire sign has to . . be rebuilt, not merely replacing the panels. That includes rebuilding the column piers and re-wiring the structure. The contractor modestly estimates the cost of this sign project to be $13,000 although fully engineered drawings have not been completed, and the sign could potentially cost more. Section 54-4-21.A.8. Sign regulations (From Article XXI, Division A. Riverfront Overlay District Regulations) (5) d Reconstruction: If any nonconforming sign is destroyed by fire,flood, explosion, collapse, wind, or other catastrophe, it shall not be used or reconstructed except in full conformity with the provisions of these special regulations. Reconstruction of this sign must therefore be in full conformance with all provisions of the Land Development code. The sign is nonconforming because it exceeds the maximum height limitation of ten feet. Also, the sign must be constructed in a monument style. After the Hurricane, several commercial signs within the Riverfront Overlay District were damaged. As these signs have been repaired, they have come into compliance with the Land Development Code by converting to a monument style sign. From the 2004 hurricanes, 14 businesses within the Riverfront Overlay District have replaced their damaged and/or non-conforming signs with monument style signs. In many cases, non-conforming signs were retrofitted to comply with current code requirements. This indicates that code compliance does not always require the [mancial impact to fully replace a sign. In many cases, like Barker Air Conditioning, non-conforming pole-style signs have been successfully retrofitted at a lower cost than full replacement. Throughout the City, and in the 512 Overlay district, several other signs have been replaced to meet Code requirements. A listing is attached. Notice of this appeal hearing has been sent to all property owners within a 300-foot radius of the subject property. As a result, a number of comment letters have been submitted for your consideration. These letters are attached for your review. NOTICE: O.~-01)lfO 77. o eoo;;' S-l S; SiGN PERMIT APPLICATION NO. /{):J... 7 FEE: ISo !!P , . The City of Sebastian being zoned and under the zoning Ordinance No. 202, 'It IS essential that all of the following questions be answered. Before any outdoor Advertising Display within the corporate limits of the City of Sebastian. Florida, or any addition shall be made to any existing sign, the owner or sign erector shall apply for a sign permit. C;'e;t5As-r;ArJ tf3xc:: ;J""'d.6 .(V~ TYPE OF SIGN C"rVYlt;;1r.-tr-J4L- DIMENSIONS ~ J X 2 3 I LIGHTED ~YES _NO PROPERTY LOCATED /~ Z 3 J I " /' -/? hereby apply for a sign permit for 1.3 k.$I^",s- 5'5 L r s-r//\Jt';, 5 CONSTRUCTION MATERIAL S7c:-c~o /ACA.yL.lC- / LIGHTING SYSTEM -ILlAC/tt6"SC~ PURPOSE IF YES, l--\,S I S~,.4 5 '1r A--J DISTANCE FROM SIDEWALK CONTRACTOR: ;4^-" -r - )t::~-. PROPERTY LINE VALUE: /~d~V / /-t!>" Rear The space at left is to show where sign will be located in comparison with front and side lot lines. <ll -0 Ul l/l CL 11I Front 9- s-- 2~o{; Dote STREET /~ Z '3 ~:; - / I' MID FLORIDA REAL ESTATE 1623 US #1 SEBASTIAN, FL HOME Of PELlCAN ISLAND 1225 MAIN STREET. SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 . FAX (772) 388-8248 September 13,2006 Mr. Burney J. Carter, President Sebastian Executive Building Condominium Association, Inc. 1623 U.S. 1 Sebastian, FL 32958 RE: Sign Application Tracking No. 60002515 Sebastian Executive Building 1623 U.S. 1 Dear Attorney Carter: The application that you have submitted for the reconstruction of the freestanding sign located at 1623 U.S. Highway 1 has been denied. Staff has determined that more than 50% of the sign has been damaged. In fact, more than 50% of the sign is actually missing. Therefore, the sign can only be reconstructed or repaired in full conformance with all provisions of the Land Development Code, Article XVI Signage and Advertising, as well as the special provisions in Article XXI Performance Overlay Districts. Your proposed sign exceeds the maximum height limitation of ten feet. Also, the sign must be constructed in a monument style. Please modifY your plans accordingly, and resubmit for further review. If I can be of any further assistance to you in this matter, please let me know. Sincerely, a::&~ Growth Management Department / Jan King From: Sent: To: Cc: Subject: Wayne Eseltine Tuesday, April 12, 2005 10:52 AM Tracy Hass; Rich Stringer Jan King Sign damage inspection at Sebastian Executive Building Tracy, Jan and Rich As per our conversation yesterday, we initially did an inspection on a pole sign that is south of the Sebastian Executive Building. Yesterday we inspected the sign in question at the Sebastian Executive Building. Our findings were based on the initial sign permit plans, which shows two tube columns were set in concrete foundations on each side of the sign and extend approximately half way up the over all height of the sign. The tube columns appear to be in tact, however; we were not able to see the attachments of the sign cabinet to the tube columns. The sign structure was covered with plywood wire lathe and stucco over the tube columns and formed an arch in the middle to give it a concrete structure look. It appears that the plywood wire lath and stucco has deteriated through age and storm damage. The top +/- 4'-0 of the decorative portion of the columns was missing on each side and the stucco has large stress cracks at each side that appear to have been patched at one time indicating they existed before the storm. The electrical wiring of the sign has been. damaged and there is evidence that a fire had partially melted a portion of the plastic sign inserts when the power was restored to the site after the storm. Based on the above observations, and the apparent deteriation and damages to the sign, the structural integrity of the sign is questionable. Therefore, in order for the sign to be restored we will require an engineer to evaluate the structure to determine if it will meet the current wind load requirements and include details for the required repairs. Building permits will be required to repair the sign and re-wire the electrical. Please contact me if I can be of any further assistance. Wayne Eseltine Building Director 1 ~( "'"i (D ~ _. "'"i -. ::J (JQ () o a '"'d ....... (D r-t'- (D ....... ~ 0- PJ a PJ (JQ (D 0- PJ ~ (D "'"i (D ~ (D () r-t'- "'"i _. () PJ ~ C/J _. 0... (11 < ...... . (11 ~ C/J M- ~ ~ (') M- ~ ~ ~ ~ HOME OF PELICAN ]SLANl> 1225 MAIN STREET. SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 . FAX (772) 388-8248 May 17,2005 Mr. Burney J. Carter, President Sebastian Executive Building Condominium Association, Inc. 1623 U.S. 1 Sebastian, FL 32958 RE: Freestanding Sign at 1623 U.S. 1 Dear Attorney Carter: On February 10, 2005, you submitted an informal request for a repair and reconstruction permit for the above referenced sign. Subsequent to that request, the sign was inspected by our Building Director to establish the extent of the damages to your sign. Attached is a copy of that report. Based on that report, it is my determination that the sign as been damaged beyond 50%, and can only be reconstructed or repaired in full conformance with all provisions of the Land Development Code, Article XVI Signage and Advertising, as well as the special provisions in Article XXI Performance Overlay Districts. If I can be of any further assistance to you in this matter, please let me mow. Since~ ~toc Growth Management Department CIlY OF HOME Of PELICAN ISLAND 1225 MAIN STREET. SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 . FAX (772) 388-8248 TO: Rebecca Grohall Growth Management Director FROM: *an King Growth Management Manager DATE: October 13, 2006 RE: Nonconforming Signs Conversion from pole to monument style I have reviewed all sign permits that have been issued by the City of Sebastian since the hurricanes of2004. Following is a list of freestanding signs that were nonconforming, but which now comply with current standards. The nonconformities included pole signs, signs exceeding 10 feet in height, and color issues. Dr. Fisher 10725 U.S. 1 Sloane's Restaurant 10795 U.S. 1 Sebastian Carwash 509 U.S. 1 Indian River National Bank 816 U.S. 1 Barker NC 825 U.S. 1 Dunkin Donuts 900 U.S. 1 Adam Preuss 936 U.S. 1 Advance Auto Parts 949 U.S. 1 Park Terrace 1133 U.S. 1 Health South 1424 U.S. 1 Dill & Evans 1555 U.S. 1 Sebastian Center 1627 U.S. 1 Wal-Mart 2001 U.S. 1 Sebastian Village Office Complex 1636 N. Central Ave. Ameron Homes 519 S. Easy Street Sebastian Charter School 782 Wave Street Church of Nazarene 50 S. Wimbrow Drive Sandy's Grill 171 Sebastian Boulevard Paradise Hair Salon 389 Sebastian Boulevard Nu-Pack 695 Sebastian Boulevard Hometown Pet Care 827 Sebastian Boulevard Italian American Club 861 Sebastian Boulevard Walgreens 999 Sebastian Boulevard TWL Properties, Inc. 1623 US Hwy 1, Suite A-4 Sebastian, FL 32958 (772) 581-2816 October 3, 2006 City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Sign Application Tracking No.60002515 Sebastian Executive Building 1623 N. US #1 Dear Sirs: As a unit owner of A-4, I am writing to express my complete agreement of your decision to deny the reconstruction of the freestanding sign at the above location. There should not be any consideration to entertain any appeals that is submitted to the City Council. This sign is a danger to the general public and should be removed immediately. The sign has been this way for two years and has been nothing but an embarrassment to the building. We support the decision from the Growth Management Development to replace the existing sign with a "Monument" style. SJcerei;~ ./) ';-//'~/ ..1 -" // / ....' tlliom~s W. Lyons President .-..."'............. ~..~.:"~~"'''' ~;;\ ....r.~8A \ &~ .. ';" O>~ \ 'b Relt81vet1 "\..> \ cv ,,~, 0 \ I".; .~..~ I ''4 r.".~..~..... I .. ~ L'l,. "("\06 ...3'" I iN ~v' J N . \'A p&Z } C:f J \$7~'~Owth Mat cSt / ~lC'OZ6\.~\."V -,....... J. JAMES ABELSON ATTORNEY AT LAW SEBASTIAN EXECUTIVE BUilDING, SUITE A-3 1623 NORTH U.S. HIGHWAY #1 SEBASTIAN, FLORIDA 32958 TEL: 772-589-9106 FAX: 772-589-9107 October 3, 2006 City of Sebastian 1225 Main Street Sebastian, FL 32958 RE: Sign Application Tracking No.60002515 Sebastian Executive Building 1623 N. US #1 Dear Sirs: Please be advised that I am the owner of suite A-3 in the above referenced building. I am in complete agreement with the City's position concerning their denial of the application for a permit for the reconstruction of the freestanding sign, located at 1623 US Hwy 1. This sign is obviously more than 50% damage and or destroyed. It is an eye sore to the passing public and a terrible detriment to the aesthetic qualities of a beautiful building. As a taxpayer and unit owner, I strongly object to the City Council granting an approval to any appeal to have this freestanding sign simply reconstructed. This sign should first have to be in full conformance with all provisions of the Land Development Code. If an appeal is seriously even considered by the City Council, after viewing photographs of this severely damage sign, then what is the purpose of the Land Development Code article addressing Signage and Advertising? ~~--- J. James Abelson Attorney at Law " ---""-. A _12 .3 -4", '-',,- ,...'4'tJ'\ ~ .00>&.\. rV' .. \P, '~ Received .~?, I \~~ OCT 2006 ~' \ ~ ..f:1.L &1 Cj \~~" ....tI..Ul~ ,of ',- .,:~;. ,,0)'>1 ''''. ~ l?OZ'6"~"C .."......... .', "-. ..~-..-,,"--~/' October 11, 2006 Jan King, Manager Growth Management Department City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Appeal of denied sign application tracking No. 60002515 Sebastian Executive Building, 1623 US1 Board of Adjustment Hearing October 25, 2006 Dear Ms. King and Members of the Board of Adjustments, 1623 US Highway 1 Suite B1 Sebastian, FL 32958 P 772.581.0855 F 772.388.1886 I am the owner of unit B-1 at the above referenced location. I am in agreement with the city that the sign for this building is more than 50% damaged and must be condemned. It has been over two years that this sign has been an eye sore to the city and an inconvenience to neighboring residents and commuters. In reference to the Land Development Code Article XVI signage and advertising, I believe that Sebastian Executive Building, Inc. should be found in violation of the City of Sebastian code enforcement. In order to conform to the Land Development Code, the signage should be removed, repaired, or reconstructed to comply with the current sign ordinance. This is in the best interest of the city, being that the current state of the sign is undoubtedly over 50% damaged and is aesthetically displeasing to neighboring land owners and the city in general. Thank you in advance to the City of Sebastian Board of Adjustment for taking my concerns into consideration regarding this important matter and your patience in aiming to resolve the issue properly. Sincerely, ......<',.~~ .....~~ Developer SMITH, TODD, McENTEE & COMPANY, LLP CERTIFIED PUBLIC ACCOUNTANTS MEMBERS 1623 U.S. HWY. 1 SUITE B-3 SEBASTIAN, FLORIDA 32958 TELEPHONE 772-589-9260 FACSIMILE 772-589-8777 AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS October 8, 2006 J an King, Manager Growth Management Department City of Sebastian 1225 Main Street Sebastian, FI 32958 ,I Re: Appeal of denied sign application tracking No. 60002515 Sebastian Executive Building, 1623 U.S.1 Board of Adjustment Hearing October 25,2006 ~~ Dear Ms. King and Members of the Board of Adjustments: I own unit B-3 at the Sebastian Executive Building and also the Building Association Treasurer. I agree with the city's position that the sign is more than 50% damaged (proposed estimated cost to repair this sign as is before permits and electric work exceed $13,000) and needs to be condemned and our association needs to comply with the sign ordinance. The sign has been an eye sore to city and community for over two years. Sebastian Executive Building, Inc. should be found in violation of the City of Sebastian code enforcement and the signage should be removed or repaired / reconstructed to conform to the Land Development Code Article XVI signage and advertising. I think anything short of not requiring the Sebastian Executive Building, Inc. to comply with the sign ordinance would not be in the best interest of the city and would be aesthetically displeasing not only to our neighboring land owners but the city's U.S.1 corridor as a - whole. . Here's thanking you in advance for presenting my opinion / concern to the City of Sebastian Board of Adjustment and wants to thank the city for being so patient with us regarding this signage issue. ~\. , .,,,-.. ~ _ '..:< ::- ;:.4' .,., .. VERO BEACH · SEBASTIAN · ORLANDO · PALM CITY . ;.