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09122007BOA Agenda
1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, SEPTEMBER 12, 2007 5:30 P.M. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINiTTES: Regular meeting 2-28-07 6. OLD BUSINESS: 7. NEW BUSINESS: A. QUASI-JUDICIAL PUBLIC HEARING: FRANK ROMEO, IN REGARDS TO LOT 66, SEBASTIAN RIVER LANDING SUBDIVISION, PHASE ONE, LOCATED AT 100 DRAKE WAY, IS REQUESTING A VARIANCE TO ALLOW A STRUCTURE TO BE 9.29 FEET FROM THE REAR PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE A MINIMUM OF 20 FEET FROM THE REAR PROPERTY LINE. B. QUASI-JUDICIAL PUBLIC HEARING: CHUCK BRADFORD, IN REGARDS TO A RESIDENCE LOCATED AT 850 INDIAN RIVER DRIVE, IS REQUESTING A VARIANCE TO ALLOW A STRUCTURE TO BE 1.12 FEET FROM THE NORTH (SIDE) PROPERTY LINE AND 1.18 FEET FROM THE SOUTH (SIDE) PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE A MINIMUM OF 10 FEET FROM THE NORTH (SIDE) PROPERTY LINE AND 5 FEET FROM THE SOUTH (SIDE) PROPERTY LINE. 8. CHAIl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arvoF 5 ._: HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT COUNCIL CHAMBERS 1225 MAIN STREET SEBASTIAN, FL 32958 WEDNESDAY, FEBRUARY 28, 2007 - 6:00 PM MINUTES 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 Sal Neglia Council Member AI Paternoster Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King MIS Systems Analyst, Barbara Brooke Shai Francis, Finance Director Jerry Converse, Acting Public Works Director 4. ANNOUNCEMENTS -none. 5. APPROVAL OF MINUTES: Regular Meeting of 10-25-06 On MOTION by Mr. Neglia, and SECOND by Ms. Coy, the October 25, 2006 minutes were approved with a voice vote of 4-0. 6. OLD BUSINESS -None Board of Adjustment Minutes February 28, 2007 Page Two 7. NEW BUSINESS A. The Taffi Abt was not present so the item was tabled for the time being. B. QUASI-JUDICIAL PUBLIC HEARING AVA L. WILSON, IN REGARDS TO PROPERTY LOCATED AT 945 INDIAN RIVER DRIVE, IS REQUESTING A VARIANCE TO ALLOW A BUILDING ADDITION TO BE 10 FEET FROM THE NORTH SIDE PROPERTY LINE AND 14 FEET FROM THE SOUTH SIDE PROPERTY LINE, WHEREAS THE CODE REQUIRES RESIDENTIAL STRUCTURES THAT ARE 35 FEET IN HEIGHT TO BE A MINIMUM OF 20 FEET FROM A SIDE PROPERTY LINE. Mayor Burkeen opened the public hearing at 6:02 p.m. No ex-parte communications were disclosed. Applicant Ava Wilson presented her request for a variance stating it is needed for her growing family. The Growth Management Manager presented their staff report. In response to Mayor Burkeen, the Growth Management Manager said the property is 50 feet wide. The Clerk swore in the applicant and staff. All previous statements were to be considered the truth. In response to Mr. Neglia, the Growth Management Manager stated letters went out to adjacent property owners. The Growth Management Director added that one property called and will speak tonight. The Growth Management Manager said the property to north is a triplex with hurricane damage. The owner began repairs without permits, stopped, applied and the plans had many errors, and there was to be a two-story plus addition, which was denied based on zoning. The neighbor has since applied for site plan approval and is being reviewed. She stated their intention is to have entire structure two story. Mr. Neglia's concerns with the 35 foot height and 20 foot setback included non- aesthetically pleasing, taking up green space, and hardship only created by the applicant. In response to Mr. Paternoster, the Growth Management Manager explained Mr. Siebert applied for building permit with same setback problem to which he redesigned or bought additional property. Board of Adjustment Minutes February 28, 2007 Page Three Mr. Paternoster asked if others enjoyed this type of variance to which the Growth Management Manager stated not to her knowledge. Mr. Paternoster said the applicant created the hardship by renovation. The Growth Management Manager explained the variance would be nice to have but may not necessarily be considered a hardship. Mr. Neglia asked Mrs. Wilson if she could not go 35', but back further toward U.S. 1. Mrs. Wilson said the further back the building sprawls, there will be smaller green space. In Favor Speakers -none Opposed Speakers Willard Siebert, 1013 Indian River Drive, stated he felt sorry for Ms. Wilson living next door to house devastated by hurricane but the house is planned to be rejuvenated. He further stated this is one of those situations where riverfront ordinance is to prevent overbuilding. He said he did not want to set precedence by applying for his variance and does not believe this will meet variance criteria. The Mayor asked his if his property had an existing structure and he said it did not, it was new construction. Applicant Response Mrs. Wilson explained she and her family live on the river and care about the riverfront and she has been surprised at some of the building she has seen on the riverside. Staff Summary The Growth Management Manager stated that staff recommends denial though they are sympathetic with the family's desire for a larger structure. Staff recommends redesign of the project. Council Deliberation Ms. Coy asked if ex-parte communication meant with the applicant or anyone . The City Attorney said it could be anyone. She then explained that she talked to Mr. Siebert today however nothing was discussed that would affect her decision Council Action On MOTION by Mr. Neglia and SECOND by Mr. Paternoster the variance was denied on a roll call vote of 4-0. Board of Adjustment Minutes February 28, 2007 Page Four A. QUASI-JUDICIAL PUBLIC HEARING TAFFI ABT, OF MEL FISHER TREASURE MUSEUM, IN REGARDS TO PROPERTY LOCATED AT 1332 US 1, IS REQUESTING A VARIANCE TO ALLOW A SINGLE FAMILY DWELLING TO BE 628 SF, WHEREAS THE CODE REQUIRES A MINIMUM OF 1200 SF. The City Attorney moved the item off the table and the Clerk swore in Ms. Abt. Staff had previously been sworn. The Mayor then opened the public hearing at 6:32 p.m. No ex-parte communication was disclosed. Applicant Taffi Abt presented her variance request to Council. Staff Presentation The Growth Management Manager stated the building is smaller than what is allowed by code for a residence. She also said there are three buildings on the site plan and pointed out a benefit with this request is that improvements on the whole site may be addressed at this time. Council Questions Mr. Paternoster asked if the structure was on a permanent foundation and Mrs. Fisher said it was on blocks with strapping but not considered a mobile home. Mr. Paternoster asked if they were granted emergency housing status at the time of the hurricanes. Mrs. Fisher said she was and at the time she was told once a building goes to residential status, it would be hard to go back to commercial. Mr. Paternoster asked if this was done on paper and Mrs. Fisher explained at the time, she was told City Hall was in shambles after the hurricanes. Mrs. Fisher said the building was strapped in and retrofitted to be a residence in 2003-2004. Mr. Paternoster asked if an inspection took place and she said it has not. He asked if it has been rented out since that time to which she said yes. Mrs. Fisher said she was not going anywhere, has long term goals and intends to use the dock for her own use. She also said she currently has a tenant there. Mr. Paternoster confirmed this was all done without permits and expressed concerned about the safety and welfare of the tenants. Mrs. Fisher said she is asking for the inspections now. Mr. Neglia expressed concern about it being mobile home; fire and safety hazards; and the residential dock. He said no one should be in there, however everything is in place without permits. He asked if the DEP permits were handy. The Growth Management Manager said she has the application with statement that permit was issued for residential dock and the builder jumped the gun and started the dock. She said it doesn't connect to land because the City stopped the job. Board of Adjustment Minutes February 28, 2007 Page Five Ms. Coy clarified for public that she is impressed because the variance is asking fora lesser amount than greater amount and she was thrilled that Mrs. Fisher has offered to change color of museum. Mrs. Fisher added they are looking for a possible metal roof. Ms. Coy asked how does the City classify mobile homes as a residence. The Growth Management Manager stated the Department of Housing and Urban Development would not be approved, this structure has been there for many years and the change of use is what should be considered tonight. In Favor Speakers Damien Gilliams , US 1 said he wanted to remind the Board of criteria for determining variances and look at the whole picture. He was in favor of the request because it is downzoning and she is going to change the color of the Museum. Opposed Speakers Willard Siebert, 1013 Indian River Drive, said it is preposterous that this got to this point, especially that a residential dock permit was issued, which should not have been issued. He asked if an order of commencement was issued for land not residential before the dock building began. The Growth Management Manager stated the notice of commencement has to be filed before the first inspection or so many days after the permit. She pointed out the permit was in front of her so it was built without a permit and as soon as the City discovered this, a stop work order was issued. She said the Dept. of Environmental Protection and Army Corps of Engineers have already issued permits however the residence is not grandfathered. Mr. Siebert stated if the City does not like the ordinances, change the ordinances but not usurp the Code. Dale Simchick, 766 South Easy Street, the bottom line is construction done was done without a permit, someone is at fault, someone must pay. The City Attorney advised the Board that punishment is not applicable to the variance request tonight and cannot bear on determination of your response. Applicant Response Mrs. Fisher stated everyone was hit hard by hurricanes and asked that extenuating circumstances be considered. Board of Adjustment Minutes February 28, 2007 Page Six Staff Summary The Growth Management Manager asked the Board to consider the request as it is before you, stated the focus needs to be for smaller structure than required. She also explained that if denied applicant could come in with a building addition to make it comply with code requirements or could be two units. She closed by stating in reviewing all the facts, staff recommended approval with conditions - and noted that with change of use the City would get a crack at improving the site plan with color changes, non-complying signs and landscaping. She read the conditions outlined in staff report 1. All conditions of the modified site plan must be completed, including parking and landscaping. 2. Buildings on the site are to be repainted in compliance with the Riverfront Overlay District 3. All non-conforming signs on the property are to be removed, or modified to comply with current code. 4. A fully enclosed utility storage area of at least 60 SF shall be provided for the residence within one of the existing structures. 5. Following issuance of the building permit, owner will call for a final inspection and obtain a certificate of occupancy for the residence. Council Deliberation Mr. Paternoster asked Mrs. Fisher if she had tenants now and she does. He asked if they were the people as who moved in after the hurricanes and she responded they were not. He asked if she collected a rent fee and she said yes. Mr. Paternoster asked how many different tenants she has had and she said three. He asked if this was under the temporary approval and she said she thought it was permanent approval. Mr. Paternoster asked what she remembered Mr. Eseltine saying when he approved the major renovations, if it was temporary or permanent approval. Mrs. Fisher said he didn't say either but cautioned that once you change this to residential, it will be difficult or even impossible to get it back to commercial. Mr. Paternoster asked if she owned her own home and she does. He asked if she remembers obtaining a certificate of occupancy, inspection permits to which she said yes. The Mayor asked Mr. Paternoster of his intention. Mrs. Fisher said she did call the City but things were in turmoil and the inspector told them to forget the paperwork at the time. In response to the Mayor, Mr. Paternoster said he is establishing that if this changed, this will be a residential dwelling and is concerned for the safety of the people living there now. Board of Adjustment Minutes February 28, 2007 Page Seven The City Attorney pointed out that there were authorizations for emergency measures for housing approved at that time and there were applications for this, since there was no formal application/paperwork that could be the basis of confusion -there were not applications for temporary housing during crisis which might have been root of those statements. Wayne Eseltine stated he and Tracy Hass looked at it and it was being used as an office and they determined it could be used as a temporary residence but he had no recollection of saying it could not be converted back. In response to Ms. Coy he explained it was a temporary use for someone who was temporarily displaced and he did not go back out to the structure later on. Ms. Coy said she could understand how there may have been a misunderstanding and the applicant is trying to make it right and in doing so she is giving the City something the City wants. She offered that it be inspected and the City can put time constraint on it, she would be satisfied. She reiterated she would recommend approval because it is not harmful to City, there is existence of special conditions, the applicant is meeting criteria, and a time limit may be imposed. The Mayor said he appreciated the applicant admitting to a mistake and agree to make it right. Mr. Neglia said the City should have done more to help her however since she has had three tenants she should have known it was not a temporary structure anymore. Mr. Neglia said he would like to see fire department inspect it, and come back after inspections are done. He asked if this was ever commercial. The Growth Management Manager said it is commercial but the variance is requesting a change of use for a building that is smaller than required by code. A MOTION for approval was made by Ms. Coy, SECONDED by Mayor Burkeen to include special conditions and a one week time limit to complete inspections. The City Attorney stated an alternative could be--if denied tonight, the City would need to start code enforcement action to remove the tenant and she has a time frame to obtain inspections. Mr. Neglia would like to have fire department inspection. The City Attorney said staff could do an inspection. Mayor Burkeen stated if the structure doesn't meet inspections, fails, then the tenants have to be moved out. Ms. Coy pointed out that tenants could be removed faster from an unsafe structure. Mr. Paternoster asked that now the City's concerns are in the open, is the City liable if something happens. Board of Adjustment Minutes February 28, 2007 Page Eight The City Attorney responded that if deep in your heart you don't have a problem with the result but how we got there, the best way to go is to approve it with immediate inspections. He said if the City looks informally a longer, different procedure would have to take place. The City Attorney stated the City would have to begin to remove the tenant tomorrow and begin it's good faith actions. Mayor Burkeen asked if the motion fails how long will it take to evacuate the tenants. The City Attorney explained an inspection warrant through courts, then the inspection takes place-it could take months. The Mayor stated if Council approved this, with the true underlying motive being the safety of the tenants, members should vote yes. The City Attorney said that is correct. On a roll call vote of 2-2, the motion failed. (Neglia, Paternoster-nay) 8. CHAIRMAN'S MATTERS -None 9. MEMBERS' MATTERS -None 10. STAFF MATTERS -None 11. Being no further business, Mayor Burkeen adjourned the meeting at 7:37 p.m. 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, SEPTEMBER 12, 2007, AT 5:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 54-2-5.11(f).(6) AND 54-2-7.5.(b).(1).(a) OF THE SEBASTIAN LAND DEVELOPMENT CODE. FRANK ROMEO, IN REGARDS TO LOT 66, SEBASTIAN RIVER LANDING SUBDIVISION, PHASE ONE, LOCATED AT I00 DRAKE WAY, IS REQUESTING A VARIANCE TO ALLOW A STRUCTURE TO BE 9.29 FEET FROM THE REAR PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE A MINIMUM OF 20 FEET FROM THE REAR PROPERTY LINE. ANDREA COY, CHAIRMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN 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. Published August 29, 2007 CITY (~' 1 ra" -,jrf ~.~ ~/ ~i/ "`~ ~p ~yg ~` Ht?Mb VI F fs~.t~e['tili ~~fiL'7~J Growth Management Department Variance Application -Staff Report 1. Project Name: Frank Romeo Accessory Structure Encroachment 2. Requested Action: Variance requested from Section 54-2-7.5.(b).(1).(a) to allow an accessory structure to be 9.29 feet from the rear property line, whereas the code requires this type of structure to be a minimum of 20 feet from the rear property line. 3. Project Location a. Address: 100 Drake Way b. Legal: Lot 66, Sebastian River Landing Subdivision Phase One c. Parcel ID: 31-38-23-00010-0000-00066.0 4. Project Owner: Frank Romeo 21 Silver Street West Babylon, NY 11704 5. Project Agent: self 6. Project Surveyor: Campbell Surveying, Engineering & Planning P. O. Box 542148 Merritt Island, FL 32954 7. Project Description: a. Narrative of proposed action: Frank Romeo is requesting permission to allow his roof-covered swimming pool and deck to be 9.29 feet from the rear property line, whereas the code requires this type of structure to be a minimum of 20 feet from the rear property line. b. Current Zoning: PUD-R (Planned Unit Development -Residential) c. Adjacent Properties: Zoning Current Land Future Land Use Use North: PUD-R drainage lake PUD-R East: PUD-R residence PUD-R South: PUD-R residence PUD-R West: PUD-R residence PUD-R 8. d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: .23 acres single family residence public water public sewer Staff Comments: In September of 2006 Frank Romeo contracted SeaBreeze Pools, Inc. (a.k.a. Brevard Leak Detection) to construct a swimming pool at 100 Drake Way in Sebastian River Landing. The pool was designed with a retaining wall because the rear yard slopes toward the retention lake. Attached is a copy of the application and the construction drawings, as well as the drainage review prepared by our engineering staff. A condition of approval states, "Retaining wall shall be on the inside of the easement line." That note was also written on the survey. The permit was issued on 9/19/07. In May of 2007, Mr. Romeo contracted Atlantic Aluminum to construct a pool enclosure. Attached is a copy of the application and construction drawings. That permit was issued on 5/14/07. Setbacks in the PUD-R zoning district are negotiated during the subdivision review, and are generally less than those setbacks established in the standard residential zoning districts. Once approved during the conceptual plan and preliminary plat processes, these setbacks are recorded as part of the fmal plat. A copy is attached for your information. Further to this, the Land Development Code outlines exceptions to the rear yard setback for accessory structures, provided that certain conditions exist. The accessory structure code is also attached for your information. In summary, the code allows the enclosure to be 10 feet from the rear property line when the structure consists solely of screening and beams and supports for the screening material (screened enclosure). Mr. Romeo's structure has a solid roof over the pool, and therefore does not quality 2 . for the 10-foot rear setback. In essence, this is a room addition to the house and must be 20 feet from the rear property line. When staff reviewed the final survey for the property, it was evident that the retaining wall had been located within the rear setback, which was presumed to be 10 feet for a screened pool enclosure. The survey does not indicate the roofed structure over the pool. An onsite inspection by Growth Management staff revealed the presence of the solid roof over the pool creating the need fora 20- foot rear setback. Upon further review of the swimming pool application, staff found a note under their pool specifications stating "Screen enclosure yes .The pool enclosure, application, however, states "Aluminum Composite Roof' on the construction sketch, but was overlooked during the permit review. This is the issue that affects the rear setback. Again, a solid roof must maintain a 20-foot rear setback, but a screened roof would only need a 10-foot rear setback. Also note that the pool application was submitted and issued months before the pool enclosure application. Had staff been aware of the owner's intent to build a room over the pool when the pool application was being reviewed, steps could have been taken to redesign the layout to provide the necessary 20-foot rear setback. Mr. Romeo faces several other issues. First, the retaining wall has been located within the rear 10-foot drainage easement. Sebastian River Landing is a private subdivision, with the drainage easements dedicated to the property owners' association for maintenance purposes. Therefore, the easement encroachment will need to be resolved with the association. Secondly, the Sebastian River Landing Inc. Homeowners Association has informed the City that their deed restrictions require Architectural Control Review Committee approval of all construction. At their request, copies of their letters to Mr. Romeo are attached. It should be noted that the City does not enforce private deed restrictions. Therefore, this matter will need to be resolved as a civil matter between Mr. Romeo and the association. 9. BOARD CRITERIA FOR DETERMINING VARIANCES (Section 54-1-2.~: In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must find the following: a. E~stence of special conditions or circumstances. b. Conditions not created by applicant. 3 h c. Special pri<~ileges not conferred. d. Hardship conditions ezist. 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. 10. Options and Recommendation: Following are several options to consider: a. Deny the variance request. Mr. Romeo would then be required to remove that portion of the swimming pool, deck, room enclosure and retaining wall that encroaches into the 20' rear easement. b. Approve the entire variance request to allow the structure to be 9.29 feet from the rear property line. c. Approve a variance to allow the retaining wall to be 9.29 feet from the rear property line, and convert the roof-over pool enclosure to a screened pool enclosure. Essentially, this would change the rear setback to 10 feet and the variance would be for .71 feet. d. Approve a variance to allow the retaining wall to be 9.29 feet from the rear property line, and convert the rear 10.71 feet of the roof-over pool enclosure to a screened pool enclosure. Again, this would change the rear setback to 10 feet and the variance would be for .71 feet. This option would still provide cover for a portion of the pool. Staff recommends Option C above. This provides a certain amount of relief to Mr. Romeo, since he would not be required to move the retaining wall. Also, the conversion of the roof-over pool enclosure to a screened room would be more compatible with the residence than the large aluminum room. 4 M~ 11. Commission Action: Hold quasi-judicial hearing to consider the request for variance. Pr p ed by J g Growth Management Department / ~~ _~ 7 Date 5 SEA' ~~N City of Sebastian untitc„ pcnran~~ciai~n Development Order Annlicatinn Permit Application No. A licant If not owner, written authorization notarized from owner is re uired Name: Addres : ~ 1 ~ ~ ~~J~ V ~~ `~fJ ~t~~ ,~ ~ ~ ~ , t~ Phone Number: ((~~) ~ - ~..,? F umber: ( '~ j) ,._ ~ ~~ - 5... E-Mail: 1 C~O~ ~~ ~ o C..~ ~1 Owner If different from a licant Name: Address: Phone Number: ( ) - FAX Number: ( ) - E-Mail: Title of permit or action requested: v~~A~rvc.c 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-'I/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): B. Site Information ~ v Addr~es~~~~ i , 1 ~~ ~~ pp 5~ ~~ ~ IV~r~C~, ~ .~ 3~ ot~- I c~ Unij~, ~.7 Subd~visi n: .~~ ~.e~~~ `` Indian River County Parce #` ~~`Z C Wing C ~s-s~ifi at~ : ~. t ~ ~ Future Land Use: 1 iJLkj t IoiS (~~") ( ~~• Existing Use: ~~~ Proposed Use: ~~ 1~~-~(~,~ C. Detailed description of pro o ed activity nd p rpose f he req d permi or ti n (att ch e ra sheets if n ecessa - ~ ~ ` ,~ ~ ~~}~~~ n ,~ ~--~ ` ~1 1,.~< G ` "'/~ //~J/ V r J ~~~ ®~ ~~ L ~'' l ( GL Cs ~~V~ _ DATE RECEIVED: _/ / FEE PAID: $ ~~l • ~ Q~ ` p G~ 711 1n..---•,~~3 ~, ece~d ~ ~ &ti ~ .: . M p,U s ~,~. Y ,, ~~~~ " ~~V~ ~'~,~9Z5ZtiZ~ _ .- Permit Application No. D. Pro~ect Personnel: A ent: ~ ~- Name: ~~ ~ ~-- I~~S~S ' Address Phone Number: (-y~~) .. ~ ~ _ F umber: ( ) ~~~ ~ l t!' E-Mail: t~ ~1 ~- Attorne Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: En ineer: Name: -~ Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Surve or: Name: ~ ~ Lam- ~ C.~ NNE .~ j ~Yl'2-~~ ~1.~, l~f.,~lrt j mid ss ~~ ~ r~ ~ o - ~. ~C~f'`f~~ ~ ~ ~ ~{ i Phone Number. (3-~) ~ ~~ Number. ( ~i) ~~ ~~~ tt ~j E-Mail: I, ~~ `-'~'' ' ~~ ~r" a -"" ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: V 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 ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. -s ~ i~~ SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY WHO IS PERSONALLY KNOWN TO ME OR PRODU ED AS IDENTIFICATION, THIS _~ DAY OF , 2~~'~. NOTARY~S SIGNATURE PRINTED NAME OF NOTARY ' /~.J COMMISSION NO./EXPIRATION SEAL: •N ,° UI~A L 9OVVEN ,,: Ia1Y CQMMISStON i DD 489423 .. EXPIRES: Febmety 16,2010 ao„e,amun~yua d 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, V THE OWNER / _ 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 (/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. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, B~Y ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF HE ITY OF SEBASTIAN. _I S NATURE T- a E Sworn to and subscribed before who is personally known to me c as identification, this _~ day Notary's Signature Printed Name of Notary Commission No./Expiration Seal: SAL BOWEN I~iY (~AMISSION # DD 483140 p(41RES: FebruzY gaKladTMU I~fi Pudlc Uneen~hen Permit Application No. .,,., HOME Of PEE1iAN IiUND Supplemental Information Application to the Board of Adjustment 1. This application is fora (check one): variance(s) appeal(s) _ 2. Specify all code provisions for which a variance is being requested or the decision or decisions that you aret~appe 'ng. (Attach l extra sheets if necessary): ~'~~ ~~~~~"` `~ pt~ f~ ~~.~, . ~ ~ ~ ~ n 3. L gal description of the property involved: ~-- l/~JJI- ~ ~ ~ ~ ~' ~ L-`~'~~ ~ vas ~`~h ~' 4. Attach following: 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 f~oy~nd~r~ of the lot or parcel of land that is subject of the application. /~~' t~c~y~ O (n ... ~ - ~ ~~ . o o Z -I ~~ _ ' m v I~ ° ~ (n u' V) - D d CJ O O f ° o ° v) U) ° ^ ~ ^ C fTl C ~' Vi C,~ ~ L) O c) `c ' ~ N 3 ° ~ m ~ m o z m v o c ~ ° _ ° o o ~ N - n z ~ ~ < ° a ~ -v~ ~ -v m s in o ~ in fTl Z7 m o (~ m _ o 0 3 m ,7 ~~ ~~ o m o pJ O) me i ^o ~ m o ~ °c I O o~ 3 ° ~ ~ ~ - ~ n _ G N ns c ~ rl .° o. q- o to a n n -' - ~ ~ -- N~. ( .~ 3 a 'n jo o~L~u mj ~n fTl R° o o (:~ n ~P 3 ~ \=n° NS%o_~~\ z -(I N n~ ~ ~ mv"m U) 0 0 ~ ~ (n ~y C o~ ° ° ,D o ° 3 `n°[i' o°to~.- Z ~ °° ~ -z' cn o 'a N ~ o o ° ~ C7 C o ulo ~ ° N ~ (n~ ~°£ n ~~ ~ ~ ~a n m °a o i D° c~ I :U (n n--° o °~ Apo '° G ' ~ F ~ o -' ~ ~ N ~7 N ~mW a7 =aO '~ z ' Nx," '°n °mm •r-o (n,. z' _~< ~ l ~~~ < V ° ~o mDN Dm Z ~- 03 mQ a o y ti . ~' ° z U -,) o ° rl z° ri m o a z i 3 0° c) m ^ ~ 0 0 ° -- ITI ~.. -1 F F o ~ ~ ° - f ~ a7 o O r D O D ° a m c) m '~' " ~° c m 5 ITI 3 an 3 m -~ n j~ n (/) i ~' ~ R. o o m S ~ U Z °" ~ Q ° t 3 ~ m N ° 3a ~ io°°O' ~ ... ~ n n c~ '~~~o',~ ga ~o _ ~~~~~~~a ~~~~~~~~.a~c ~~ ~z~za ~~ ~a~n n 'ro° ro ~'~ wi' - vige. azn _oD~ ~3~ fD ~ ~° Z p O o. ~ 3 3 n O ~ ~ x ° ~ P o 0 0 ~ X ~ .. u _ O o o W ~ n ~o E ~~ ~~ O m 0 cn cl a. r~ ~ -' C7 jD a' _I o. O O r(, z C N D Z c,., -~ c~ C' Z a ~ O f'l ~ ~/ Z D t= ~ ~ \ ~ (n V) ~ S -{ ~ -p D Z m Z ~'~ ~ (J TI r- D ~ i~ z ci ~D rri c,~ ~'' ~ N _ ~ UI W s A C HL ~ `g~~ ~o°°. _~A~ ~ a z;U'< ~ 3 9oa x gX~~s tiw I ` ~ ,~ ~m~~ ° n O O ~' I N ~ N O ~ ~ ~~ ~ x ~ ~ ~ ~ ~ p ~ ~ ~ ~ ~~ ~ Z _ ~ ~ 0 _~ m _ ~ ~ ~ gg m ~ e ~ r ~ ~ m ~ $ ~ ~ M y y q @ r fTI l,~ r 0 m V) C7 a7 L O Z V/ m C7 z O C '\ ~~ D Fomr \ D D A r 0 ~oSc r~f'Dr oDpm Am O~ '9 D ^DDYY ~ D D ~ -z N°`"ti°mo u, ~mZ 00001 Out (n - -iy~ I1• ~° u mz m >r o y0 ~y ~ sa mic o = - T ~ ~.n~ O A °N'm~ DN ° " u~ o S~ T Zjy~,Q~ C ~ m ~' ~ / ° Rq ~O' ~ R l' 9 ~ ~v F o ~ ~, > g ti ~ / ~"~~FA,~~ ~y 2 F s F~F TF I tij' ~ ~, O 9 r~, JS ,~ ~~ / w ?r Oiy4 ~~F\r 2 u Cc~ oll ~ ~ / 'A .cam a~' j y '~ y ? ~ D \ O ~ , ~ % y°~ as \' ~Q b~ 0 y 444St ~ ~"'`' ''s ! n \,a^ ~ ~ ° co ~e i ~°zo Lam) / .GJ ~s..a'P°yFO e / °~a° jF' m~° ~9 mm" ~~ I ~`T~s'' 0 U~1J ~'~h /~a''~j~ ~~ m v~ ~A N xC ~c 'J .ti s• s .. ~ ° w x ~cZ oy ti •o• / qg i A o~cp~~ ~ o e 54 /^ / i~"' a ~f o t / ~ / ~ i D ~ '°' J 'l~• Gam. / ~ / ~rp J so ~/ ~.9.~\\m=~ , _~~m~~/ / o `ry`a (a ~- A uAo om m., / ~r ~y~T ~pcy `/~ ~ a~ ~y - / ~~ \~ \ i ~~ 9y ; \ ov~\!/ o' <~ F m z~ OF PELICAN ISLAND 1225 MAIN SBREETN SEBASTANEFLORIDA32958 TELEPHONE: (772) 589-5537 • FAX (772) 589_2566 PERMIT APPLICATION ALL OF THE FOLLOWING MUST BE FILLED IN BY APPLICANT, ACCORDING TO FS 7 i 3, i 35 PERMIT# ~r7-•~~t.~p~r TRACKING#~~~5~p DA INDIAN RIVER COUNTY PARCEL ID # r-+ RECEIVED BY: _ / I ~"'1 LOT: ~ BLOCK: SUBDIVISION:,S•~1~nSf~A~~ ~ ~•`/NDa FLOOD ZONE: TYPE OF WORK: NEW ~ ADDITION O ALTERATION ~ REPAIR ~ DEMOLITION WORK INCLUDES: STRUCTURAL [~ ELECTRICAL ~PLUMBING,~ MECHAMCAL ~ ROOFING ~ OTHER WORK DESCRIPTION: 1,y _~p~J K ~•{ ~y~ ~~~-- ~ -- s ,,~~~„l~y~ •rvC PU c ; f ESTIMATED JOB VALUE: S 3~o TOTAL S/F UNDER AIR JOB NAME: ~D/~J~e [' JOB ADDRESS: /~ V I~P_ ~ /I ~ , i/n. < <' .~' J. _ .. _ . ADDRESS:Y ~p NE+RQ'S NAME,Qy~i,cy~ ~prv~n D -~~.L~Y~ PHONE: ~- ' CITY/STATE: ~~j3A~,-moo /.-/ ZIP CODE CONTRACTOR; 2 S ~ ~ ~ •E - • LICENSE #: [/~".- C~57 '~S ADDRESS: IL / ~-- CITY/STATE: ~i ~~ ~ PHONE: 3Zl' y2S • ~•(7 ZIP CODE 3Zrls 1 c _.- .. ARCHITECT/ENG[NEER:,~~ izr/!c AS~~z/,z,~ ADDRESS: ZD /-/02,04 PA/NI r/ PHONE: 3Zt- (off/- (p 7US CITY/STATE (~r~cJ~ r j _____ ZiP CODE: ~• ZoJ -~ PRESENT USE: PROPOSED USE: `~~~- 000UPANT LOAD: NUMBER OF: STORIES C~ BAYS O UNITS ~ BEDROOMS ~ HEIGHT O TYPE OF CONSTRUCTION: 5w,'~yrx;u,y P„ ~ ~ OCCUPANCY TYPE: AREA IS THE BUILDING PRESENTLY EQUIPPED ~4JITH AN AUTOMA T IC FIRE SPRINKLER SYSTEM? YES [~ NO BONDING COMPANY: ADDRESS: PHONE: *rATT/~ a!`•T ~ r!,•nn n. CITY/STATE: ADDRESS: r nviv E. FEE SIMPLE TITLE HOLDER: CITY/STATE: ADDRESS: PHONE: CITY/STATE: rnvoF rte, •1~+, HOME APPLICATION tS HEREBY MADE TO OBTAIN A PERMIT TO DO THE WORK AND INSTALLATIONS AS INDICATED. I CERTIFY THAT NO WORK OR INSTALLATION HAS COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT AND i THAT ALL WORK WILL BE PERFORMED TO MEET THe STANDARDS OF ALL LAWS REGULATING CONSTRUCTION i ~ IN THIS JURISDICTIOPJ. ! UNDERSTANt~ THAT A SEPARATE PERMIT MUST 8E 5ECURED FOR ELECTRICAL I VWDRK, PLUMBING, SfGNS, WELLS, POOLS, FURNACES, BO/LERS, HEATERS, TANKS AND AIR CONDITIONERS, LETC. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT I,AAY RESULT IN YOUR i PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT ! ! WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT, ___ _J A CERTIFIED COPY OF THE RECORDED NOTICE OF COMMENCEMENT SIGNEp BY THE OWNER, SHALL BE~ FILED WITH THE PERMITTING AUTHORITY IF THE VALUE IS $2,500 OR MORE, EXCEPT HEATING OR AIR . CONDITIONING CHANGE OUTS LESS THAT $5160. NOTICE: IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND tN THE PUBLIC RECORDS OF THE COUNTY, AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES SUCH AS MATER ~ MANAGEMENT DISTRICTS, STATE AGENGES, OR FEDERAL AGENCIES. ANY CHANGE IN BUILDING PLANS OR SPECIFICATIONS MUST BE RECORDED WITH THIS OFFICE. ANY WORK NOT COVERED ABOVE MUST HAVE A VALID PERMIT PRIOR TO STARTING. IN CONSIDERATION OF GRANTS. THIS PERMIT, THE OWNER, AND THE BUILDING CONTRACTOR AGREE TO ERECT THIS STRUCTURE IN FULL. C4P~IPLIANCE V`IITH THE BUILDING .4ND ZONING_CODES OF THE CITY OF SEBASTIAN. 1 NOTE: THIS PERMIT APPLIGATIOIV IS VOID AFTER 180 DAYS UNLESS THE ~iNORK, WHICH IT COVERS, NAS ~ ~ COMMENCED. ALL CONTRACTORS MUST HAVE A VALID STATE CERTIFICATION, STATE REGISTRATION, OR ! COUNTY COMPETENCY PLUS ACOUNTY -WIDE LICENSE PRIOR TO OBTAINING PERMIT. ALL ADDITIONS AND/ REPAIRS MUST HA HOMEOWNER'S SIGNA7 APP TION t; OR •:• SIGN R OF OWNERfAGE QUALIFIER'S SIGNATURE PRINTED NAME OFOWNER/AGEN PRINTED NAME 4th QUALIFIER :• Individuals who sign as the owner's agent mast first obtain owner's written authorization lu sibn on their orbaU' STATE OF FLORIDA COU~1'CY OF ~~ _ s 'i.;F.: of idcntifiuriiou prcdurrd: ~w~ c , ~ ----- nft'tciat signature of Notary P is 'I'h orel;aing i mcnt •,vas arkrtowlaibcd __.~,iClt~E.~.~0 who i before me this __ day of ~~~~, 2Gilb by __ /.ersonaily laiown r~who has __R prodaced identification. Abtary Seal ~''°^4r. -MC.eoyle y, My Corr~tntalon pD256144 q~ ~ Expires Ot't~ber 02.2007 Sep li? 06 04:38p Sea ~eze Pools 3z1-984 235 p.l 1783001 RECORDED IN THE RECORDS OF ',JEFFREY K BARYON, CLERK CIRCUIT COURT INDIAN P.IVER CO FL, BK: 2077 PG: 2026, 09/12/2006 02:20 PM NOTICE OF COMIYLENCEMENI' nr~pRES~: TAX Faz.~ a: _ _. . ___ _ _._. ~._ _.~..._ --_.-- Bu (i_n>r ~ir>zl~lrr x: -~~ = .pct ~L ~ ._ t -- -^---- _~.. SbceorFtor uI-dr / ~1C yr~J ~~~ ~,oc.'~~ . ] j~! c7 C[-uncy vt tgdtan River 'C'ne undersigned hereby gives notice that imProventent will be made to certain real property. and in acu,rdan~t: with Chapcer ?13, Fltxida Stgtutca, the following irfotYntttion is provided in this ~oticc of C.~mmcacrnxrt. 1, Dcsct•jption of rvpeme ~tcppl dcscrir~tior, of ;ha ptopctt , attd xtmet ntidress if availablcl Vin; ~(o S~I$ar~:,.{.1Q ~,u;~.LAard ~- Gcacrel descriptive n i provrme:l[:~ ,~/,yv b. Interest in ro ert : e r `~."z"1'a`_t'7r s'~'"-':'`.c'_ 1-1_CJ -~.•---`..~ti_. P P Y 1_A1.c~_-_--~ --~-~......_..._._.... a. Fcc simple ti;lehotdsr {if txhcr than; Owncrl: - ' -' ' ~ • ' " .t'stttc: 4. Conrrnctoc -_ ....- -_w ... .. -..-.- --- Addre,:: !_`/.5.. ~~/el~~.~!~Ctr.Zt~.., r~-1 ~~2 ~%S'! ~. c. PhotteNatlvber:,.,33_x: ~.~„k;-_ 90 5. Surety -_._ ....--•- a. Name and sddrcss: --- b- Phonr nurnbrr. ~^•~~~" ~ "_---• -----. ---- G. AmnUnt Yf bond: S __ -- '--'~' "-"' - ---- 6, rcndcr "~"~"'-"" " s. Nurnc: `+~ b. Addresb: ~ ----- -.........-..~_.....__...-__.__.. ~• Lender's phone number- "-" _ _-_ -- "•""" - -" -• •--•-~--- ~-o, Yrrsons w~:;:-in the State of Florida dr~signamc by't~var upon whom nopcss or other documents mny be ssncd as provided by Section 7t3131[xA)7., Flotida Strtures: (name tuxt ;sddreaa) •-•---b~Phnne numbene of Jcsigneocd peraonz: ----- ---- $a. !n xJJitiun l0 h6nsclf or heraelt: Owner dciignatex , . •. • ~ a` •• ~ ' ~'~ ~ to receive a copy of Ne I.intr'r Notice as provided )q S4cti0q ?. $,13(t ~~ F}arjds g~~~, - ~' • - b. Phone number ofperion or entity designated by owner: 4. F!tpinvion date of notice of wtnmense,nenr (jhe cxpiYa~ion d[tu ;s 1 vsa~ 5om the dau o~ recording imtecs a different date is eneciticcll /~ /9~rn _ . , Si:3nr;urc ol'Ownc _ 4~-K .~ Ctwners Name Printod: - ~~~ fig ~m iastrucment was acluwwlcdbcd b~fOrc mo thta _ w•hC :s_ ncrsnnally knew to rh,,r,~ asvt nt •ztin T ifcttior,?:oducec~_-~. - (tguatu:r of aryYubh Suttc of Fleridal 'i r ~ I.` ~ IS ';T) (;I"..':`i"`.~ T: ?.1T Ti ?.'.`~ l.'; A t~~ dayof _ t706 by 1ms prodrrtJ ,,, ~~+., ' ERIKA K. ROGERS ritote,r vutMe . sm. d Hotter caemroa ~ Aa +a. m+o Coa.,i~oa • oD S4i'ii tlottOrd tVMb„M Mia. POOL DRAINAGE AND INSPECTION FORM EXISTING HOMES CITY OF SEBASTIAN ENGINEERING DEPARTMENT 1225 MAIN STREET SEBASTIAN, FL. 32958 (772)589-5490 FAX (772) 589-6209 E TE RECEIVED: 9/7/2006 HESS 100 Drake Way NE NUMBER: 631- 66 ~K: Sebastian River BUILDER: Michael Rogers BUILDER'S PHONE NUMBER : 631-669-220 POOL DRAINAGE PERMIT n DATE OF INSPECTIGtV ~- 0~ - [~(p INSPECTORS SIGNATUR~ C~VIMEN~'S:_ GRADE INSPECTION DATE OF INSPECTION INSPECTORS SIGNATURE COMMENTS: FINAL INSPECTION DATE OF INSPECTION INSPECTION SIGNATURE COMMENTS rn N O -i au tQ ~- 0 c ~n w N tp O W N V N W O t~ 0 .~. w N v t N N ~ fA Q ~ ~ ~ ~- ~ C c. m O ~ X a m N °o PLANS APPROViE~ Date: - ~ 8 By: City of Sebastian g Department. V• AA~+ iT~ W \V ~N o~ w -~ 0 0 ..~ ~ ~ ~ 3 m - c ~ cn ~ , . ~ n m o w m ~ p ~' N vi y '17 ~ 3 pl ~ ~ Q C o N ~ N ~ ~ (p 3 N ~ m ~ om` p1 p S O $ ~ ~ t'' ~ n g S 3 ., + E ~ ~ $ y g 3 ~ ~ ~ ~ ° ~ ~ N i a a ' - m ~ ~ S 0 ~ ~ i °1 i '8 atr~ 5;E(~A-5-1I11AjV HOME OF PELICAN IStAND BUILDING DEPARTMENT 1225 MAIN STREET • SEBASTIAN, Ft.ORIpA 32958 TELEPHONE: (772) 589-5537 • FAX (772) 589-2566 RESIDENTIAL SWIM~iING POOL, SPA AND HOT TUB SAIFETY ACT Notice and Requirements PERMIT #~ ' 4 ~y~ I (Vt%e) acknowledge that a new swimming pool, spa of hot iub will oe constructed or instailed at ~_ _ _ ,and hereby affirm that one of the following methods will he used to meet the requirements of Chapter 515, Florida Statutes. /~ (Please initial the method(s) to be used for dour pool) ~/ The pool will be isolated from the access to the home by an enclosure that meets the pool barrier requirements of Florida Stahae 515.29; _ The pool will be equipped with an approved safety pool cover that complies with ASTM FfI246-91 (Standard Performance Specifics*.ions f'or Safety Covers for Swimming Pools, Spas and Hot Tubs); ~~'~~ All doors and windows providing direct access from the home to the pool will be equipped wiih an exit alarm that has a minimum sound pressure rating of 85 decibels at 1 U feet; All doors providing direct access Pram the home to the pool will be equipped with self- closing, self-latching devices with release mechanisms placed no lower than 54" above the floor or deck; I understand that not having one of the above installed at the time of final inspection, or when the pool is completed for contract purposes, will constitute a violation of Chapter 515, F.S. And will be considered as committing a misdemeanor of the second degree, punished by tines up to $50(1 antL'or up to 5i} days in jail as esta5lished in pt r'?5, F.S. g.~In~ -~. -- --- --- ~6 Contract~~r's Si~*nature Date Owner's Signati~r Uatc Co~~ntrnnactor s Name (please prrnt) ner s , am ase pr•'nt~J' `/~' IiV~w~ Notary Si~grraturc tary Signs ur :Seal.' ! ,~ N1i~N C, goys ,Seal: 6Ay Corr~lon Dp2661M 1:~Pini tXtobM 0?r 2047 ,.~•" v'""~~. ER{KA K. 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HOME OF PELICi~kN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET • SEBASTIAN, FLQRIDA32958 TELEPHONE: (772}589-5537 • Fi4X (772) 589-2566 PERMIT APPLICATION ALL OF THE FOLLOWING MUST BE FILLED IN BY APPLICANT, ACCORDING TO FS 713.135 PERMIT # ~ r~ y ~ ~ TRACKING # DATE: cS Z INDIAN R/IVER COUNTY PARCEL ID # RECEIVED BY: Y L I~~+. LOT: (o. ~ BLOCK: SUBDIVISION:_ J ~/~ -~- FLOOD ZONE: TYPE OF WORK: NEW Q ADDITION Q ALTERATION O REPAIR Q DEMOLITION WORK INCLUDES: STRUCTURlA~I, ~ ELECTRRICAL ~ PLUMBING Q MECHANICAL Q ROOFING ~ OTHER WORK DESCRIPTION:~~ 9~or~ ~ ~n f. l u S v ro . --- ESTIMATED JOB VALUE: S D J~y TOTAL S/F~~7 2 UNDER AIR ~ (~ JOB NAME: ' `!9!>'11.~.a . 1'ra,n ~ CC p JOB ADDRESS:. I ~f~ ~ ~a tine l.Ja-i J~~~ s~, n n , ~~ Bb ~ l PROPERTY OWNER'S NAME: Frgn ~ /[e mLC PHONE: ADDRESS: 7 G~ ~h+ CTTY/STATE: ZIP CODE ~~~ CONTRACTOR: G~~~f~'d . _' - _ ~/ LICENSE #: /Cj yb ADDRESS: ~ r /' /r ~ PHONE:3~~H- 9XyD CITY/STATE: /~-i I_ i.ir.y_ j_ ZIP CODE 329'0 ARCHITECT/ENGTNEER: PHONE: ADDRESS: CITY/STATE: ZIP CODE: PRESENT USE: PROPOSED USE: OCCUPANT LOAD: NUMBER OF: STORIES O BAYS 0 UNITS ~ BEDROOMS Q HEIGHT Q TYPE OF CONSTRUCTION: OCCUPANCY TYPE: AREA IS THE BUILDING PRESENTLY EQUIPPED WITH AN AUTOMATIC FIIZE SPRINKLER SYSTEM? YES ~ NO BONDING COMPANY: PHONE: ADDRESS: CTTYlSTATE: MORTGAGE LENDER: PHONE: ADDRESS: CTI'Y/STATE: FEE SIlVIPLE TITLE HOLDER PHONE: ADDRESS: CITY/STATE: 1 APPLICATION IS HEREBY MADE TO OBTAIN A PERMIT TO DO THE WORK AND INSTALLATIONS AS INDICATED. I CERTIFY THAT NO WORK OR INSTALLATION HAS COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT AND THAT ALL WORK WILL BE PERFORMED TO MEET THE STANDARDS OF ALL LAWS REGULATING CONSTRUCTION IN THIS JURISDICTION. l UNDERSTAND THAT A SEPARATE PERMIT MUST BE SECURED FOR ELECTRICAL WORD PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS AND A/R CONDITIONERS, ETC. rr~n~rurv , v vvvrvcn: r~uK rA~~uKt To RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. A CERTIFIED COPY OF THE RECORDED NOTICE OF COMMENCEMENT SIGNED BY THE OWNER, SHALL BE FILED WITH THE PERMITTING AUTHORITY IF THE VALUE IS $2,500 OR MORE, EXCEPT HEATING OR AIR CONDITIONING CHANGE OUTS LESS THAT $5.000. NOTICE: IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THE COUNTY, AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICTS, STATE AGENCIES, OR FEDERAL AGENCIES. ANY CHANGE IN BUILDING PLANS OR SPECIFICATIONS MUST BE RECORDED WITH THIS OFFICE. ANY WORK NOT COVERED ABOVE MUST HAVE A VALID PERMIT PRIOR TO STARTING. IN CONSIDERATION OF GRANTS, THIS PERMIT, THE OWNER, AND THE BUILDING CONTRACTOR AGREE TO ERECT THIS STRUCTURE IN FULL COMPLIANCE WITH THE BUILDING AND ZONING CODES OF THE CITY OF SEBASTIAN. Nu ~ t: i t1~5 HERMIT APPLICATION IS VOID AFTER 180 DAYS UNLESS THE WORK, WHICH IT COVERS, HAS COMMENCED. ALL CONTRACTORS MUST HAVE A VALID STATE CERTIFICATION, STATE REGISTRATION, OR COUNTY COMPETENCY PLUS ACOUNTY -WIDE LICENSE PRIOR TO OBTAINING PERMIT. ALL ADDITIONS AND/OR REPAIRS MUST HAVE HOMEOWNER'S S NATUR APPLICATION OR :• SIGNATURE OFOWNER/AGENT Q LI //'S~~ SIGNATURE OR ~~ [Lp~-r~~ PRINTED NAME OF OWNER/AGENT PRlN Eb NAME OF QUALIFIER DATE: DATE: ~ /~a_, D 7 • Individuals who sign as the owner's agent must first obtain owner's written authorization to sign on their behalf STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 2 day of 2pp'~ by who is personally known or who has ~ oduced identification. Type of ident~ tion produced: - - .2-U6 •O .• ~,~~:~.?Is.s .~ •, f::, ~ ~ .wi;' / Official Signatu Notary Public _'~-- Notary Seal ~ ~~:?~ `' ' ~'~~,~~~'" ~. ~/_ rN • _ ~` 1 _'c J o ~_ ~}~ .~~ a ' 1841313 RECORDED IN THE 'ORDS OF JEFFREY K BARYON, CLEF CIRCUIT COURT INDIAN RIVER CO FL, BK: 2162 P~_ 294, 05/07/2007 12:53 PM NOTICE Off' COMMENCEMENT ADDRESS: __ TAX FOL10 #: __ 131;11.D1NG PERMIT d: State of Florida County of Indian River The undersigned hereby gives notice that i:nprovzment will be made to certain real property, and in accordance with Chapter 713. Florida 5tautes, the fallowing infotmaron is prov;ded in this Notice of Commencement. 1. Description of property: (legal doscriptior, of the property, attd street address if avaiiablej Ss;~irt~ ^D ,r1S~.cp 3l, _ R -- i ~ ot~ofO ~ S~~S'~•At,/ 1~~~,t~ /do ~ t ~{r~ ~ ~ ~ R~~o%~+ S 2. General dt'scnption cfi r vcment:~~~ tf~.,t m~_.r~ _ __ 3. Owner infun ion: -+ ~~ a. Name: ~lea~r~ l2f~t7fLO b. [!unrest in properyy: JpD d/D ~ -- _ • _- -_- _ c. Fec simple titleholder (if other than Owrocr): ~• --~- ~~- :Yame: Address: - ---• •--- ~•- - -~ 4. Contractor: t a. Name: ~Mq~ ~C_ ~J~„y~' ~ ~L b. Address: ~ ..~ ~ f 3~~ c. Phone Number: Z 1 , e? tN 91t'Og S. Surety _ `- a. Name and address: b. Phone number. _ .. _ -•-- c. Amount ofbond: S ---- ~ '" b. Lert4ee -~~- -- a. Name: b. Address: _~_ --...._.--_- ---------_ _... _ c. Lender's phone number:. ~- _ _ 7.e. Persons within the State of Fbrida designated by Owner upon whom notrces ~r other doc;tments may be served as provided by Section 7t3.l3tIHAt'7.. Florida Statutea: (name and athirtss) b. Phone numbers ofdnsignated persons:. _ _ •~ -- --'" "---' 8a. In addition to himself or herself, Owner designates of to receive a copy of the Liner's Notka as provided in Section 7 t 3.13(Ix8), Florida Statutes. b. Phone number of person or entity dasigratad by owns,;... Y. Expiration gate of notice of commencement (:he expiration dare is !year from the data of recording unless a different date is specified) _~_ -~ Sigrtaturc of Uwner u4[~ $ p ICJb -_ Owners Name Printed: r~ ~ / D~ Th lo. uin •nstrucment was ackrowledgcd Ixfore me this . day of JQ,K7aT 2006 by who is _„ personally known~r me or ~ ~ has produced 1 as identi n. Tof hly}tl~gcation Produces' ~ ~ (~ ~-' " ~i~: i`;:.7 ~I ~'.J is t. .. r;" ~ .u.• - ' J.K. BP.I;Su ;, ~~ j " .. _ of Florida} K to ~ ERIKA K ROOER8 Howl, vneec - s~ a a:titt~ • ~b1111N11i0n 1>:!lPrM ~t f6. 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(n _ ni wi .i vi _N E c v m II n . ~Z o ~•- o~ . _ O to p " ~ . N Q o gg~ yy i~ ~F 4~p ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ p ~j d~l ~ ~ ~~~~ ~ y Y ~ Q g ~ g 9 ~ y g ~ yy 8 ~ 0 ~ '~ .eY Q s : ~ @ ~ I~ W ~e~ ~3~~~ : ~ 6 ~ ~ A 0 2 4 ~~ g a ~ ~ E ~ ~ ~ ~b~ ¢ ~ ~ X W ~liaaa ~ 8 5 ~ a ~ ~ e~~ e~~Es ,~ n ~ ~ 4 z a ~~ ~ ~E ~~ ;~~~. ~° ~~~ b~tl~ y~i~ 4ge ~. ~ € ~a z'~ Y i H H a 0 x r 0 ~ # M .?~ ~i N N .+b ~~~ x~ b .~. ~S i i ~3~~~ .dad ci d 0 N ARTICLE VII. GENERAL REGULATIONS k Sec. 54-2-7.5. Accessory structures. Page 1 of 2 (a) Presence of principal building required. No accessory structure shall be constructed or placed upon a lot until the construction of a principal structure has been started and no accessory structure shall be used unless the principal structure has received a certificate of occupancy. (b) Location: (1) General rule of location. No accessory structure shall be located in any required yard (setback), other than as outlined below. Furthermore, no detached accessory structure shall extend beyond the front building line of the principal structure that is located on the same real estate parcel or lot. a. Special regulations governing rear yards. Detached structures, such as utility sheds and other structures accessory to a primary dwelling within a residential zoning district may encroach into a required rear yard, provided that any such structure maintain a minimum distance of ten feet from the rear property line and not be located within a dedicated easement. With the exception of structures that consist solely of screening and beams and supports for the screening material, no such structure shall exceed400 square feet in lot coverage and shall not exceed 12 feet in height. Structures that consist solely of screening and beams and supports for the screening material, such as screen enclosures for swimming pool areas, shall not exceed 25 feet in height. (2) Corner lots. Accessory structures may not be located in the secondary front yard of an improved corner lot unless the corner lot is joined in unity of title within an interior lot that contains the principle structure. However, said accessory structures shall not be located closer than 25 feet from the secondary front property line in the RS-10 zoning district, and in all other zoning districts shall meet required front yard setbacks. (c) General regulations of accessory buildings: (1) No mobile home, travel trailer, tent or similar structure, truck trailer or any portion thereof, or motor vehicle shall be permitted as an accessory structure. (2) No accessory structure shall be constructed or maintained without a building permit being issued by the city's building official expressly designating the type of the accessory structure (example:: garage, shed, pump house). (3) The building official shall not issue a building permit if the accessory structure does not comply with all other provisions of the land development code, comprehensive plan or the Code of Ordinances of the City of Sebastian. (4) No accessory structure shall be constructed or maintained if the height thereof exceeds the height of the principal structure that is located on the same real estate parcel or lot. (5) Attached or detached quonset-type or style accessory structures, usually defined as any self- supporting structure, typically in an "arch" or curved shape with no interior posts, trusses or support beams of any kind and with the exterior sheeting forming the building, are prohibited. (6) A residential lot will be allowed five square feet of accessory building area (cumulative), for every 100 square feet of lot area, not to exceed 1,000 square feet total. Attached garages, which are part of the original principal building design, will not be included in the cumulative total of accessory building area. Accessory structures, which consist solely of screening and beams and supports for the screening material (such as screen enclosures for swimming pool areas) will not be included in the cumulative total of accessory building area. (7) Any attached or detached accessory building over 500 square feet in area, any attached or detached carport and/or breezeway over 500 square feet in area, must be reviewed and approved by the planning and zoning commission utilizing the following criteria: a. Accessory structures may not be constructed or maintained from corrugated metal or httu://librarv4.municode.com/newords/DocView/10310/1 /10/12 9/6/2007 PARTICLE VII. GENERAL REGULATIONS Page 2 of 2 corrugated metal-looking products. b. The roof of the accessory building must have a minimum pitch of 3:12. c. Accessory structures 501 square feet to 750 square feet in size shall be compatible with the overall general architectural design of the primary residence, including facade and materials, colors and trim, roofing materials and pitch. d. Accessory structures 751 square feet to 1,000 square feet in size shall be of the same architectural design of the primary residence, including facade and materials, colors and trim, and roofing materials and pitch. Foundation plantings shall be required on all sides of the accessory structure excluding entranceways and doorways. Said requirements are as follows: One shrub for every three lineal feet, 24 inches in height at planting. (Ord. No. 0-02-19, § 1, 12-11-02) hrrn•//lihrarv4.m»nirncte.com/newords/DocView/10310/1/10/12 9/6/2007 ~o~- ~ ~ z_ ,~ HOMEOWNERS A S S O C I A T I O N September 28, 2006 Frank Romeo P.O. Box 6353 North Babylon, NY 11703 Dear Mr. Romeo: During a recent inspection of the Sebastian River Landing Subdivision, it was noted that you are constructing a pool at 100 Drake Way. We have no record of receiving an architectural review request seeking approval to construct this pool. The Declaration of Covenants, Conditions and Restrictions for Sebastian River Landing require that all pools receive written approval through the architectural review process prior to being constructed. We have enclosed a copy of the applicable portion of the Declaration for your information. Also noted on this inspection was that your lawn and landscape is not being maintained in accordance with the requirements, also enclosed. Specifically, your grass is in need of mowing, trimming, edging and weeding. We have enclosed an architectural review application that you should complete and return to us as quickly as possible. The Architectural Review Committee will review your application and determine if it will be approved under existing provisions of the Declaration. We request that you come into compliance with the requirements of the Declaration. We appreciate your cooperation in this matter. Should you have any questions, please contact us at 321-728-2212. Sincerely, ~ , ~ ~ ~~ Bill Kenned Y Association Manager Sebastian River Landing, ~164t UN V Inc. Homeowners Association 1682 W. HIBISCUS BLVD. MELBOURNE, FLORIDA 32901 321-728-2212 FAX 321-984-2890 Section 7. Comt~letion of Construction. All construction and landscaping approved by the Committee shall be completed within six (6) months from the date of written approval. The Committee may grant a greater period of time to complete said construction or may grant an extension of said six-month period. Section 8. No Temporary Buildings. No tent, shack, trailer, house trailer, garage, or other space shall at any time be used on any Lot as a residence temporarily or permanently. No building or dwelling of a temporary character shall be permitted, except that: buildings necessary for construction or sales taking place in the Subdivision and not intended to be used for living accommodations maybe erected and maintained only during the course of construction and sales and after receipt of written approval from the Declarant. ' Section 9. Ground Maintenance. (a) Grass, hedges, shrubs, vines, trees, and mass plantings of any type on each Lot shall be kept trimmed and shall at regular intervals be mowed, trimmed and cut so as to maintain the same in a neat and attractive manner. Trees, shrubs, vines and plants which die shall be promptly removed and replaced. (b) No weeds, vegetation, rubbish, debris, gazbage, objects, waste, or materials of any kind what so ever shall be placed or permitted to accumulate upon any portion of a Lot which would render it unsanitary,. unsightly, offensive, or detrimental to the Subdivision or to the occupants of any property in the vicinity. (c) No building material of any kind or character shall be placed or stored upon any Lot so as to be open to view by the public or neighbors, unless such material will be used and is used for the construction of buildings or structures upon the Lot on which the material is stored. (d) All Lot Owners owning Lots adjoining Common Areas shall be required to install grass or to landscape to the edge of the water or vegetation located in that Common Area, and to maintain such grass or landscaping, regardless of where the exact boundary line lies.. between. the_ Lot and.-the Common Area, including access easements. (e) All sprinkler and irrigation systems are to be maintained in good working order at all times and provide regular daily and weekly irrigation to maintain grass, hedges, shrubs, trees, vines and mass plantings on each Lot. Section 10. Fences, Walls, Hedges Mass Planting of Anv Twe. (a) Fences, walls, hedges or mass planting of any type shall not exceed a height of six (6') feet above the fuushed graded surface of the grounds upon which it is located, and shall not be constructed, planted, placed or maintained upon any Lot without the prior written consent and approval of the Homeowners Association's Architectural Control Review Committee. (b) No hedge or mass planting of any type exceeding three (3') feet above the fmished graded surface of the ground upon which it is located shall be constructed, planted, placed or maintained 10 Section 5. Voting Qualifications. To be qualified to vote, a Class A member must be current in payment of all assessments and any liens which have been levied against that member or any Lot owned by that member as of the date of the vote. Any person designated in writing by the Declarant shall be qualified to cast the votes for each Lot owned by the Class B member. ARTICLE II ARCHITECTURAL AND AESTHETIC REOUIlZEMENTS Section 1. Architectural Control Review Committee (a) There shall exist an Architectural Control Review Committee (hereinafter referred to as "Committee") which shall consist of three (3) or more members. So long as there is a Class B membership of the Association, control of the Committee and approval of all plans and specifications and other functions herein shall be vested in the Declarant, who shall appoint all Committee Members. Appointed Committee members need not be Owners, and shall serve indefinitely, at Declarant's pleasure. (b) After Declarant's Class B membership in the Association converts to Class A membership, a minimum of seven (7) Committee members shall be elected by a majority vote of the Board of Directors of the Association at its annual meeting. Members may include members of the Board of Directors and Association Managers. Five (5) elected Committee members must be Owners, and shall serve until their successors are elected at the next annual meeting. Committee members maybe re-elected. (c) A quorum of the Committee shall consist of a majority of its members; it shall take the affirmative vote of a majority of the members at the meeting'at which a quorum is present to approve or perform any action. The Committee shall keep written records of its actions. The Committee shall meet from time to time, as necessary. Section 2. Construction Plan Review. (a) No dwelling, building or structure .of.any kind shall.be constructed,.erected, or altered on any Lot or in any part of the Subdivision, nor shall any exterior additions, changes or alterations therein be made until the plans and specifications showing the nature, kind, color, shape, height, materials, and location thereof shall have been first submitted to and approved by the Committee. The Committee may charge an administrative fee in the amount of $35.00, payable to the Association, for the review and/or processing of plans, specifications, and inspection of the proposed improvements. Said fee shall be paid to the Association at the time submission of the application for addition, change or alteration is made. (b) One (1) set of construction plans and specifications shall be submitted to the Committee showing all intended construction and alterations on the subject Lot, including but not limited to site plan, tree survey, landscape plan, sidewalk construction, exterior elevations, paint colors, shingle samples, exterior materials samples, and other. descriptions necessary to describe project. An administrative fee of $35.00 shall be paid to the Association for processing the house plans, payable at the time of submission. Plans and specifications in regard to topography and finished grade elevation must also be submitted for approval by the Committee prior to the commencement of any excavation work or activity which will alter the existing topography of the Lot. The Committee shall notify the Lot Owner, in writing, within thirty (30) days of receipt of all required evidence, of the Committee's approval or disapproval of any project. Said written notice maybe signed by any one member of the Committee. (c) Builders who have contracted with the Developer to purchase five (5) or more lots may submit plans of their models and landscape designs for general approval by the Committee but shall still notify the Committee in writing as provided herein as to which model, colors, landscaping, etc. are to be used on each specific lot. The administrative fee may be waived by the Committee for specific Lots so long as one of the generally approved models and landscape designs are being used. (d) The plans, specifications, and location of all contemplated construction shall be in accordance with the terms hereof and in accordance with all applicable codes and ordinances of the local governing agency issuing permits for construction or land alteration in effect at the time of such proposed construction or alteration. The Committee shall have the right, in its sole discretion based upon these Covenants and Restrictions, to approve or disapprove any Lot improvement, including but not limited to building, fence, wall, screened enclosure, grading, floor elevation, drainage plan, mailbox, solar energy device, posts, antennas, fountains, decorative building features, landscaping plan, landscape device or .object, yard decorations, or other improvement, whether as new construction or additions, modifications or alterations to Lots. (e) In the event any required approvals are not obtained prior to commencement of improvements, or in the event improvements are made which vary from those approved, it shall be deemed that no approvals were given and that a violation and/or breach of this Declaration has occurred. A fine of $50.00 per occurrence shall be assessed against the Lot and shall accrue with interest as provided in Article VI until the fine is paid and approval is obtained, or improvements corrected to comply with an approval given. If after 120 days from the date the first fine is assessed and the non- compliance has not been corrected, the Committee may re-assess the $50.00 fine as a second occurrence of the same violation and may continue to do so every 120 days until the violation has been corrected. Section 3. Clearine. No clearing may take place within a conservation easement within the Lot (See Article III, Section 15 and Article IV, Section 7). Prior to any construction, the Committee will be .furnished.. a..tree. survey showing.the -location and type of all trees 4" or more in caliper at breast height. This survey shall also show types and general location of existing vegetation. A site plan will be provided showing the location of any structures, driveways, and sidewalks to be constructed, and which vegetation and trees are proposed to be removed. It is the intent of the Committee that as much of any existing wooded character of a Lot be retained as reasonably possible. All yard areas of a Lot not left in their natural state shall be sodded or replanted. For any Lot fronting a lake, the Owner of same shall also be responsible for sodding and maintaining areas between his/her property line and the water's edge, if any. For any Lot adjoining an access easement to any common area, the Owner of same shall also be responsible for sodding and maint 'airing the area between his/her property line and the easement or common area. If any unauthorized clearing or damage takes place on any Lot, conservation area, upland buffer or any Common Areas, restoration of said Lot or Common Areas to their original condition must be made. The vegetation restoration plans must show the location of plant material, size, and type must be submitted to the Committee for approval. If the Owner of any Lot (or his contractors, agents or invitees) 5 ~Pi~?/ ~J (~liU'Qi`~'~jt1i12~~2~ J/ZG: HOMEOWNERS A S S O C I A T I O N April 17, 2007 Frank Romeo 21 Silver Street West Babylon, NY 11704 Dear Mr. Romeo: On September 28, 2006, we sent you the enclosed letter calling your attention to the lawn and landscape conditions at 100 Drake Way, in addition to the phone calls we've attempted and other letters we've mailed. The lack of maintenance represents a serious violation of the Declaration of Covenants, Conditions and Restrictions for Sebastian River Landing. Inspections conducted on a continuing basis and on April 13, 2007, noted that the lawn and landscape is still in violation of the Declaration. Consistent with the provisions of Article VI, Enforcement Provisions, Section 3 Violation and Enforcement of Restrictions and Covenants, this letter constitutes the required 30 day notice to you of this violation of the Declaration. If your property is not in compliance in 30 days, you may be subjected to a daily fine of $50.00 per day as provided for in the Declaration. We have attached a copy of the applicable portion of the Declaration for your information. Also noted on this inspection was that your pool is unscreeried and / or unfenced in. This is a safety requirement for both of the City of Sebastian as well as the Sebastian River Landing Homeowners Association. We ask you to take immediate action to come into compliance with the provisions of the Declaration. Should you have any questions, please call us at 321-728-2212. Sincerely, Bill Kennedy, Association Man er Sebastian River Landing, Inc. Homeowners Association 1682 W. HIBISCUS BLVD. MELBOURNE, FLORIDA 32901 321-728-2212 FAX 321-984-2890 ?~ ct.'l LGU-P~fti_~~f2~CLG1~j~ ~l/2~C: u..,. .,..., _._., .. ~,:_ ,.~ cJ .,., .... H O M E O W N E R S A S S O C I A T I O N August 22, 2007 Frank Romeo 21 Silver Street West Babylon, NY 11704 Dear Mr. Romeo: Enclosed please find copies of the letters we sent you on September 28, 2006 and April 17, 2007. We are again enclosing an Architectural Review Application to be completed and submitted with regard to the pool you have constructed without prior submittal of this required application. I am also enclosing a copy of the section of the recorded Declaration of Covenants, Conditions and Restrictions dealing with the swimming pools. Please comply with the requirements of the recorded Declaration of Covenants, Conditions and Restrictions by completing the enclosed application and returning within ten (10) days of receipt of this letter. Thank you for your assistance and please feel free to contact me should you have any questions concerning this matter. .'" .. Ry usnak, President Seb tian River Landing, Inc. Ho eowners Association ~;~2~314157s~^~• ~. ,gyp i'~,, ``. ~'Z'8 `~N ~- toot end x N ~= VV M~ a 1682 W. HIBISCUS BLVD. MELBOURNE, FLORIDA 32901 321-728-2212 FAX 32i-984-2890 1694958 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF PREPARED BY AND RETURN TO: INDIAN RIVER COUNTY FL Sebastian River Landing, L.L.C. ~K: 1946 PG:2387, Pagel of 2 1682 W. Hibiscus Blvd., Melbourne, FL 32901 10/13/2005 at 10:39 AM, ,~~~~.~~ JEFFREY K BARYON, CLERK OF C COURT -gyp AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS THIRD AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, (hereinafter referred to as the "Amendment"), made as of the ~_ day of October, 2005, by SEBASTIAN RIVER LANDING, L.L.C., a Florida Limited Liability Company, hereinafter referred to as "Declarant" or as "Developer". WITNESSETH: WHEREAS, the Developer originally platted the property (the "Property") as Sebastian River Landing Phase One according to the Plat thereof as recorded in Plat Book 17, Pages 79 through 85, inclusive, of the Public Records of Indian River County, Florida, and which Property is subject to the Declaration of Covenants, Conditions and Restrictions for Sebastian River Landing Subdivision as recorded in Official Records Book 1698, Page 171, (the "Declaration"), the Articles of Incorporation of Sebastian River Landing, Inc., as recorded in Official Records Book 1698, Page 200, and the By-Laws of Sebastian River Landing, Inc. as recorded in Official Records Book 1702, Page 21, all of the Public Records of Indian River County, Florida; WHEREAS, pursuant to Article VIII, Section 2 of the Declaration, the Declarant may amend these Declarations by executing a written instrument making such changes and having the same duly recorded in the Public Records of Indian River County, Florida. NOW THEREFORE, in consideration of the premises, the Declarant does hereby amend the Declaration by adding thereto the following: 1. ARTICLE III, GENERAL RESTRICTIONS -USE AND OCCUPANCY, Section 24., Swimmin Pools. is deleted in its entirety and replaced with the following: Section 24. Swimming Pools. A swimming pool may be constructed on a Lot within the appropriate setbacks and with the approval of the location and material by the local governing authority and the Committee. Access to a pool from the boundaries of the Lot must be controlled from all directions by a screen enclosure or fencing and residential structure. If pools are protected by screens or fencing, such screens and fencing and their structures shall be approved by the local governing authority and the Committee. If pools are protected by fencing immediately surrounding the pool, a 2-rai149" tall or 3-rai154" tall black or white aluminum style picket pool fence shall be used. A hedge shall be planted along the outside perimeter of the fence to create privacy and a wall affect along the outside of the fence. Swimming pools shall only be in-ground type and shall be constructed of fiberglass, concrete, or concrete materials. The pool deck shall be no higher than two (2") inches below the grade level of the first floor house pad. 2. All other terms and conditions of the Declaration shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused these presents to be executed in its name by its duly authorized officer, as of the day and year first above written. Signed, sealed and delivered SEBAST RIVER LANDING, L.L.C., in the presence o£ a Florid invited Liability Company ~t.C.C , ~ ,C,. BY: Witnes~ONNiE L. ~CEN EDY Hugh s, Jr., Member Print Name ~~ ~LC~ ft~ A. Devault Print Name STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on the ~~ day of October, 2005, before me, an officer duly authorized in the State and in the County aforesaid to take acknowledgments, personally appeared HUGH M. EVAN5, JR. as a Member of SEBASTIAN RIVER LANDING, L.L.C., a Florida Limited Liability Company, to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the same. The said person was not under oath. Notary Public, State of Flor o Ya~~Larg~ NIE t. I~NNEDY ~ ;'"•, o MY COMMISSION # DD 438869 * * EXPIRES: October 9, 20D9 My Commission Expires ArEQFF~~~` 8ondedThruBudgetNoteryServices 2 (For Office Use) ,, ''~t :'- Date Received: ~, s SEBASTIAN RIVER LANDING HOMEOWNERS ASSOCIATION ARCHITECTURAL REVIEW APPLICATION ~C*~:**~:~:iCI:J:'Jr*~r'J[*~:**~[**'~.'!C'ICI~:'J.'i~C'JSK~C Y.****i~:*!~:**~:*~:**'I.'~.]~:T~.'~:~:~:**SF~:~:~:3.'i~:*~:*~:i~:~.i~C*~.~:~r***Y. Ili Y: *'K iC SC*~C*]~C*~C i~C i~[~C SUBMIT TO: Sebastian River Landing Board of Directors/Architectural Review Committee 1682 W. Hibiscus Boulevard Melbourne, Florida 32901 * Phone 321/728-2212 * Fax 321/984-2890 * e-mail heather~a fmdc.cc SUBMITTED FROM: Property Owner: , Mailing Address: Phone: Approval requested for (Property Address) LOT # Landscaping Plan (attach copy of proposed plan & survey) Fence Plan and Detail (attach copy of survey with sketch showing fence location and denoting type, height, color, etc. or a copy of the fence company's proposal) Pool Plan and Detail (attach copy of survey with sketch showing pool location, proposed screening, etc. or a copy of the pool company's proposal) Screen Room or Addition (attach copy of survey with sketch showing improvement, denoting materials to be used, colors, etc.) Date: Signature: *PLEASE REMEMBER TO SEND A COPY OF THE LOT SURVEY* T®: (For Office Use) FROM: Sebastian River Landing Board of Directors/Architectural Review Committee Your application is hereby ~) approved, ~) disapproved, subject to the following conditions, (if any): Date: Other: (list details and attach copy of survey) Signature: Note: These plans have been reviewed for the limited purpose of determining the aesthetic compatibility of the plans with the community in general is the subjective opinion of the approving authority. These plena ere approved on a limited basis. No review has bcea made with respect to functionality, safety, compliance with governmental regulations or otherwise, and no reliance oa this approval should be made by any party with respect to such matters. The approving authority expressly disclaims liability of my kind with respect to these plans, the review hereof; or any structures built pursuam hereto, including, but not limited to, liability for negligence or breach of express or implied warranty. 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I ~, ~ ~~' I a A~' 0~' ~„4'~~"~ y~~'~1~~ I ~S ~~ z -')'~ ~i` ` o ° ~ ~ ~ o`~ a I o~, C3 ~ ~o ~ / •`(~ ~s,3.8~C'FO /a ~, ~ moo W~c Iv .C~ ~ ti `° / p~ o Gj a~~ zo o ~~ 5~ a ten' xl ~,, N o ~"~j9~j ~ D \ x~ ~~ w ~s~`~S ~~~ w J2~S 6 S + J / ~~y~~ ~ ~ / ~ m o ECG ~ N ~~'~~ w '~ ~ ~ ~ ~~~ ,~`' ~o ~ F~F o / w ~ ~ ~ O + "~'' r D Tt / ~~ Ao ~~ 6) / ~ ~^ o \ ~\ ~` ~ \ alp + rT7~ \ //~~ / \~\1 ~yc~ 'Qicy v~ \ ~ ~ ~ ~J- \ ~ ~ ~~ ~ ~ ~~ ~ ~ w O~ rn O O' ~ / A ~ ? m~ r mZ _ < z s ~^ m~- i o n `" v° o i ~~ k m~~ m~~ D~ o ~ A A m ~ r 47 Vl '~ n (~ m ~ ~ 1'I ~ _ 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 ADNSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING ON WEDNESDAY, SEPTEMBER 12, 2007, AT 5:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 54-2-5.4.(d).(5) OF THE SEBASTIAN LAND DEVELOPMENT CODE. CHUCK BRADFORD, IN REGARDS TO A RESIDENCE LOCATED AT 850 INDIAN RIVER DRIVE, IS REQUESTING A VARIANCE TO ALLOW A STRUCTURE TO BE 1.12 FEET FROM THE NORTH PROPERTY LINE AND 1.18 FEET FROM THE SOUTH PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE A MINIMUM OF 10 FEET FROM THE NORTH PROPERTY LINE AND 5 FEET FROM THE SOUTH PROPERTY LINE. ANDREA COY, CHAIRMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN 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. Published August 29, 2007 i ~ cm ~ ~~~~~~ ;~ f~ - ~~ Hb1VfE C)F PELF 15IAND Growth Management Department Variance Application -Staff Report 1. Project Name: Bradford Residence at 850 Indian River Drive 2. Requested Action: Variance requested from Section 54-2-5.4.(d).(5) to allow a structure to be 1.12 feet from the north (side) property line and 1.18 feet from the south (side) property line, whereas the code requires such structure to be a minimum of 10 feet from the north (side) property line and 5 feet from the south (side) property line. 3. Project Location a. Address: 850 Indian River Drive b. Legal: Metes and bounds (see survey attached) c. Parcel ID: 31-39-06-00000-0060-00006.0 4. Project Owner: Chuck Bradford Pelican Cover Sebastian, Inc. 5201 Bayview Drive Fort Lauderdale, FL 33308 5. Project Agent: Trendsetters Construction, Inc. 725 J Commerce Center Drive Sebastian, FL 32958 6. Project Engineer: Goldsmith Engineering, Inc. 17212 130' Avenue North Jupiter, FL 33478 Martha S. Kirkland (Campbell) 6207 S. Mirror Lake Drive Sebastian, FL 32958 7. Project Surveyor: Stuart Houston Houston, Schulke, Bittle & Stoddard, Inc. 1717 Indian River Blvd, Suite 202C Vero Beach, FL 32960 8. Project Description: a. Narrative of proposed action: Mr. Chuck Bradford has purchased the property at 850 Indian River Drive. The residence on the property is nearly complete, but has not been issued a certificate of occupancy because of side yard encroachments. He has asked for a variance to allow the structure to be 1.12 feet from the north property line instead of the required 10 feet, and 1.18 feet from the south property line, instead of the required 5 feet. b. Current Zoning: CR (Commercial Riverfront) c. Adjacent Properties: Zoning Current Land Future Land Use Use North: RM-8 River Oaks RMU Townhouses East: C Indian River C South: PS Yacht Club INS West: CR Cleveland Street RMU d. Site Characteristics (1) Total Acreage: .1953 acres (2) Current Land Use(s): single family residence (under construction) (3) Water Service: public water (4) Sanitary Sewer Service: public sewer 8. Staff Comments: In January of 2002, Joseph Graham applied for site plan approval to construct a residence on his property at 850 Indian River Drive. Land development regulations specifically require site plan approval for all single-family homes on the east side of Indian River Drive. On February 26, 2002, Tracy Hass, Director of Growth Management, administratively approved the site plan. During construction of the project, the property was sold to Mr. Bradford. 2 The original staff report is attached for your review, as well as a portion of the site plan showing the proposed residence, the proposed west elevation and the first and second floor layouts. In the CR district, the side yard requirement is stated as follows: "Side yard: 5 feet, except 10 feet when abutting a residential district or use." Setbacks are established to provide a visual separation between properties. The greater setback of 10 feet is to provide additional protection for residential uses. The side setback noted in the original staff report is incorrectly stated for the north side as, "5 feet required". This should have been 10 feet because the property to the north is zoned RNI-8, which is a residential district. When application was made for the building permits, the construction plans submitted were different from those approved by the Growth Management Department. Attached are copies of those plans. The site layout submitted for the building permit was still the same as that submitted for the zoning review. The building permit plans show an entirely different floor plan and also includes elevated decks that extend beyond the building footprint into the side setbacks. Those decks were not shown on the proposed site layout depicted on the survey. As a result, the Building Department staff did not see the encroachment and permits were issued. The property owner to the north filed a formal complaint regarding the setback of this structure. Staff reviewed the files and advised Mr. Bradford, Mr. Graham and the Building Director of the encroachment. As a result, no certificate of occupancy has been issued and Mr. Bradford has applied for this variance. 9. 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. 3 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. 10. Conclusion: Staff made an error when approval was given fora 5-foot setback along the north property line. Also, the original owner submitted plans to the Building Department different from those approved by Growth Management. The decks on the revised plans further encroach into the north and south 5-foot setback area. The decks could be removed. However, there are doors, stairways, and mechanical equipment which would be affected by such an action. 11. Options and Recommendations: Following are several options to consider: a. Deny the variance request. The owner would then be required to remove all deck encroachments as well as that portion of the structure that encroaches into the north 10-foot setback. b. Approve a variance to establish the north property setback at 5 feet, and require the removal of all deck encroachments into both the north and south side yards. c. Approve the variance as requested. Staff recommends, at the least, a variance be granted to reduce the north setback to 5 feet, because of the original staff error. However, staff also recognizes the huge impact removal of the decks would have on this structure and asks the Board to consider that as well. 4 12. Commission Action: Hold quasi judicial hearing to consider the request for variance. Prep e by Jan Kin Gro Management Department mil" ~'~~ Date 5 i a s.. SE~~~'~N City of Sebastian NOME nF PFIKAN I Development Order Application A licant If not owner, written authorization notarized from owner is re wired Name: S- nn ll / Address: ~ ~~ ~ 1J(,~ V ijl~,yl,.a~ ~ f r LG U ~? ~ ~ `e ~- Phone Number: („~U) _ g J - _ ~ J ~~ FAX Number: ( ` ~.~ ~ Zia 77 77 / Co E-Mail: Owner If different from a licant Name: Address: Phone Number: ( ) - FAX Number: ( ) - E-Mail: Title of permit or action requested: 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): B. Site Information Address: ~ ,~,// .~/1(ki uYl ~ ~~V''t-`r ~1'!`~`~- ~,C-~i5 ~~~cc.--1 ~~, 3Z~`7,.$~ Lot: Block: Unit: Subdivision: Indian River County Parcel #: ~ i ..3~p/ ~Q~ ~~ ~ ~ ®~ ~~ ~ ` /~ C1 V~ Zoning Classification : Future Land Use: Existing Use: Proposed Use: C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Permit Application No. DATE RECEIVED: / /3~ / ~ 7 FEE PAID: $ ..t,~D ~DO iZ~9 RECEIVED BY: I~"' Permit Application No. D. Pro'ect Personnel: A ent: Name: -~ ~ (`~r~ ~ ~~~.5 ice-, ~hC ,- Address ~~J~ ~ ~'~? ~~-~ 1~ 7~'1' ~~-~17Q~'t ~~,~ Phone Number: ) - FAX Number: ) -.~~I- ~2~~I ~-s~i-5o7o E-Mail: ®, Attorne Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: En ineer: Name: ~-o ~~ f~ ,;~ ~~ 1~ FC r~,~ ..~.~ Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Surve or: Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: I, ,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 AC~I~~A AND T E TO T BEST OF MY NO DGE AND BELIEF. ~ ~~ ~ 7 IGNATURE ~ ~ ~, DATE ~ n ~~ SWORN TO AND SUBSCRIBED WHO IS PERSONALLY KNO AS IDENTIFfCATION, THIS ~ NOTARY~S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: I`~~ ~" r0 da M. Lohsl Commission # DD555905 oe Expires Jung 18, 2010 OF F~~ 8ontleG Troy Fain - knurAliQa, Mla ptiP~OM101~ 'r 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) / _ 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. THIS W ER AND CON ENT IS BEING SIGNED BY ME/~S VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PRO E, BY EMP E, AGENT CON CTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. 3l c~ ~ SIGNATURE ^ A ~ ~~ D ~E Sworn to and subscribed before who is personally knrya~,t~~ or as identification, thi da Notary's Signa re Printed Name of Commission No./Expiration Seal: o e, inda M. Lohsl :Commission # DD555905 `~~~ ~o~ Expires June 18, 2010 OF F~ ®anCW Troy Kett • Mr111r0110Q, klq 8IX1~88.7018 i, Permit Application No. ~, HOME OF PELICAN ISLAND Supplemental Information Application to the Board of Adjustment 1. This application is fora (check one): 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): _ 3. Legal description of the property involved: 4. Attach the following: 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 lication. Q r ~' 4; ~ a 1 Srl a ~F'~ ~e Por-t- rnr of ~.._ HOME 0F~ PELIGN ISLAND Growth Management Department Site Plan Approval Application -Staff Report 1. Project Name: Joseph Graham -Single Family Residence 2. Requested Action: Site plan approval for single family home. 3. Project Location a. Address: Indian River Drive b. Legal: Parcel 1 & 2 Edgewater Park Subdivision. c. Indian River County Parcel Number: 4. Project Owner: Joe Graham 805 Indian River Drive Sebastian, Florida 32958 (561) 589-1150 5. Project Agent: Martha S. Kirkwood (Campbell) 6207 S. Mirror Lake Drive Sebastian, Florida 32958 (561) 388-2177 6. Project Engineer: Same as above 7. Project Surveyor: Stuart Houston 9436 U.S. Highway 1 Sebastian, Florida 32958 (561) 388-8603 8. Project Description a. Narrative of proposed action: Joseph Graham is requesting site plan approval for asingle-family residence on the east side of Indian River Drive. Land development regulations specifically require site plan approval for all single-family homes on the east side of Indian River Drive. b. Current Zoning: CR 1 I ~ c. Adjacent Properties Zoning Current Land Use Future Land Use Rlorth: RM-8 Vacant/Dock RMU East: PS Indian River Lagoon INS South: PS Sebastian Ya cht Club INS West: CR Angle Inn RMU d. Site Characteristics (1) Total Acreage: .1953 acres (2) Current Land Use(s): Vacant (3) Soil: Immokalee (4) Vegetation: Palms (5) Flood Hazard: AE (Elevation 9) (6) Water Service: Indian River County Utilities (7) Sanitary Sewer Service: Indian River County Utilities (8) Parks: River View Park -1/8 mile (9) Police/Fire: Indian River Fire - %2 mile Sebastian Police - %2 mile 9. Comprehensive Plan Consistency a. Future Land Use: consistent b. Traffic Circulation: consistent c. Housing: consistent d. Public Facilities: consistent e. Coastal Management: consistent f. Conservation: consistent g. Recreation and Open Space: consistent 10. Cont ents of Site Plan: a. lot configuration: prov ided b. finished ground floor elevation: provided -12 feet (proposed) 2 c. contours and designating number of dwelling units: provided d. square footage of site: provided - 8,507 SF e. building coverage: provided - 930 SF = 11 % (30% maximum) f. square footage of paved areas and open area: paved 1,130 SF = 13% open (required = 20%) 7,377 SF = 87% g. setbacks: provided Proposed Required Front 24' 6' Side (North) 5' 5' (South) 5 5' Rear 23' 10' h. scaled drawings of the sides, front and rear of the building or structure: provided I. generalized floor plan indicating uses and square footage of each proposed use within each building or structure: provided j. Building exterior construction materials and color: provided k. building height: provided I. location and character of all outside facilities for waste disposal, storage areas, or display: provided m. location and dimensions of all curb cuts and driveways: provided n. number of spaces with their location and dimensions: provided o. details of off-street parking and loading areas (including requirements of Article XV): provided p. all off-street vehicular surfaces available for maneuvering: provided q. surface materials: provided r. number of employees: N/A s. type of vehicles owned by the establishment: N/A t. If there is a combined off-street parking facility, required agreements: N/A 3 u. Location of all pedestrian walks, malls, yards and open spaces: provided v. location, size, character, and height or orientation of all signs: N/A w. location and character of landscaped areas and recreation areas: provided x. location, design and character of all public, semi-public, or private utilities: N/A y. location, height and general character of perimeter or ornamental walls, fences, landscaping: N/A z. surface water drainage facilities plan certified by an engineer or architect registered in the State of Florida: N/A aa. location of existing easements and right-of-way: provided ab. Land survey with complete legal description prepared and certified by a registered surveyor: provided ac. Verified statement showing each and every individual person having a legal and/or equitable ownership interest in the subject property: provided 11. Site location and character of use: provided 12. Appearance site and structures: a. harmonious overall design: yes -The proposed building is consistent with the Riverfront Overlay District Regulations for architectural design standards. b. location and screening of mechanical equipment, utility hardware and waste storage areas: yes c. commercial and industrial activities conducted in enclosed buildings: N/A d. exterior lighting: provided 13. Access, internal circulation, off-street parking and other traffic impacts: a. internal circulation system design and access/egress considerations: provided b. separation of vehicular and pedestrian areas: provided 14. Traffic impacts: provided 4 15. Open space and landscape (including the requirements of Article XIS: a. Name, address and phone number of the owner and designer: provided b. North arrow, scale and date, minimum scale of one inch equals fifty (50) feet: provided c. Property lines, easements, and right-of-way with internal and property line dimensions: provided d. Location of existing or proposed utility service: provided e. Location and size of any existing or proposed structures: provided f. Location and size of any existing or proposed site features, such as earthen mounds, swales, walls and water areas: provided g. Location and size of any existing or proposed vehicular use area: provided h. Location and size of any existing or proposed sidewalks, curbs, and wheel stops: provided i. Location of sprinkler heads, hose bibs, or quick cupplers and other information on irrigation: provided j. Calculations of required type, dimensions and square footage of landscape materials and of required landscape areas, including: total site area, parking area, other vehicular use area, percentage of non- vehicular open space, perimeter and interior landscape strips, and required number of trees: provided Five (5) total trees required, of which palms shall not constitute more than thirty-five (35) percent of the total required and shall have a minimum of six feet of clear wood. k. Location of required landscape areas and dimensions: provided I. Location, name, height and size of all existing plant material to be retained: provided m. Location, size, height and description of all landscape material including name, quantity, quality, spacing, and specified size and specification of all plant materials: provided n. Height, width, type, material and location of all barriers of nonliving material: provided o. Location, dimensions and area of landscaping for freestanding signs: provided 5 p. Show all landscaping, buildings, or other improvements on adjacent property within five (5) feet of the common property line: provided 16. Required screening of abutting residential and nonresidential uses: N/A 17. Flood prone land and wetland preservation: provided 18: Surface water management: provided 19: Available potable water: Indian River County Utilities 20: Wastewater service: Indian River County Utilities 21: Soil erosion, sedimentation control and estuary protection: provided 22: Additional considerations: 23. City Engineer's review: 24 Analysis: Joseph Graham is requesting site plan approval for asingle-family residence on the east side of Indian River Drive. Land development regulations specifically require site plan approval for all single-family homes on the east side of Indian River Drive. 25 Conclusion: The proposed single-family residence is consistent with all regulations as established by the Comprehensive Plan, Land Development Code and Code of Ordinances. 26. Recommendation: The proposed single-family residence is hereby approved, subject to compliance with standard building permit requirements, and the following condition: 1. Five (5) total trees required, of which palms shall not constitute more than thirty-five (35) percent of the total required and shall have a minimum of six feet of clear wood. PREP RED BY ~ 2(, b Z DAT 6 ~,~~~ ~oROti° Cn ' o\r•N K, ~ti 2G~ OF 9~ \ \\ APPROXIMATE MNWL ELEV.=0.55' VD/192 S ~ ~ '~' ~> ~Nti gyp,? OF SNE \ \\ AS LOCATED BY FIELD SURVEY ON 7/23/0 5~~~9 FRS ~ \ ~ ~ ~ 1 ~Ae \ \\3s n` W~oti w. -~\ -~ \\ .a . ~~ c~ ZONING - GR ~ \~ ~ e ~~ \ 9 .. 4 ~ ~ \ .' e ~ ` ~ ea `~ '.a_a x\90 \ 0 /'~ o .~ W \ 2\p ~ ~ VEGETATION \ ~ ~1p'~ 1°~p' \ ~ ~\ 20'45'00"W " (GRASS t VINES \ p• ~ ti~~ ~~ 4o.4e'(D),40.50'(NI) ~' W W s ~ ~~+ ~' PARCEL: 11 W ~W Z ~ ~~ a y W Q PROPOSED W W W W\\` -q \'{7 FD IRON ROD ~ 4 ,/, "' ~, \ ~, ~p• PROP09ED lI ` 7` ~. B.IB'E 1 0.44'8 + II ~. SfLT FENCE y FD IRON i ,~• y ~ ~NSN ~~/ ~tTp;`J w~ ~ /RE9IDENGE W '~ W ,,, \\ .' / ~ \°~. 2`O ppl .. L /F.F. ELEV//' I "• ~.po 11^^ ~\~ ~ 3-P?LM `iA / : 0 C USTE '/' Y h> g~ ~'Ai~C ,o ~ IQ •'b~ i tip .h~• ~ °~"~°• 'P,O.B. OF PARCEL I AND II SEBASTIAN y!P , ~ ~~ PER LEGAL DESCRIPTION ZONING h~ ~ .d ' • CORNER SEAWALL Ap 00 /„ry, N~ ` 0.48' S t 0.33'E ~ W" ~ ~/ \Y\P~~CE CAP ~. PROPOSED 3' DIAMETER WET WELL iRDN ROD ~ /PPpR~R F~ (SIMPLEX PUMP STATION) 8•~ \ O ~ S C ~< /~ •• ONING - CR ` ~q \ S 8 Lega I D86cript(on: \ a PARCEL II - GR A PARCEL OF LAND LYING IN ~ DESCRIBED AS FOLLOWS, FROI' ~ SECTION 6, RUN EAST ALONG NORTHERLY ALON4 ~A,ID CEN'rl I/4 ~ THE PLAT OF EDGEhIATER PAF PER ALONG THE SOUTH Rif$HT OF N \ DI57,4NC~E OF 40,46 FEETV O T RIGHT OF WAY OF INDIAN RIVE SOUTH RIGHT OF WA'Y OF CLEY ~d'Id t AbbrevfatlOn6: Csymbol6 not 6caleab~e fOr 8126) ~ AND PARCEL III PROFESSIONAL LAND SURVEYOR E-- _ A PARCEL OF SUE3MEA2GED LAN PROFE5510NAL SURVEYOR t MAPPER gyp, _ ~ ~"~IRE FLORIDA MORE PARTICULARLY LAND SURVEYING BUSINESS ® WOOD UTILITY POLE 50UTHE,45T ONE-QUARTER OF CENTERLINE ® - TELEPHONE SERVICE _ OF U.S. HIGHWAY No. I THENCE - CABLE T.V. BOX FD's R~ CLEVELAND STREET, /(5 SFIOWP RIGHT OF WAY. ® - ELECTRIC BOX FLORIDA RECARDS~ THENCE RUI COMMERCIAL RIVERFRONT - LIGHT POST OF 795.84 FEET TO THE WEST. LEGAL DESCRIPTION - WELL NORTHERLY DIRECTION A DIST/ MEASURED - HYDRANT N70.45'00"E A DISTANCE OF 190 FINISH FLOOR P4 - GATE VALVE FEET TO THE SEBASTIAN YACH FOUND ® - WATER METER OF 190.00 FEET Td THE POINT EDGE OF PAVEMENT (®~ - SANITARY MANHOLE MEAN HIGH WATER LINE - SANITARY SERVICE PARCEL 1 AND It 3UBaECT TO ELEVATION ' ® - SEPTIC TANK "FOR INGRESS AND EGRESS TO SQUARE FEET ® = SURFACE INLET THE CITY OF SEBASTIAN WF~16H POINT OF BEGINNING ~ - CONCEPTUAL DRAINAGE 2.00 FART OF THE EASEMENT A POINT OF C~1MENCEMENT ~- - STREET SIGN IRON PIPE (IP) x 5.16 - EXISTING ELEVATION SAID PARCEL I CONTAINS 0.0166 IRON ROD t CAP (IRC) SAID PARCFI a ~-nlrelun ., ~-,_ ~~~~~~~1 west- ~leva~~o~ - .~: -. - ~= ~. . ... Vr ~~; n at 5+ ~ lOa,r (_G~ ~ D ~.. ~-- "~ ~- ~' ~ 0 a /' U ~.~.. r t ~~~~el ~ ®9r I ~` 1225 Main Street ^ Sebas#ian, Florida 32958 Telephone: (561) 589-5537 ^ Fax: (561) 589-25bb E-mail: cityC~cityofsebastian_org Blot t c.0 ~ ~1G~ ~-D~- C~~37~ APPLICATION FOR BUILDING PERMITS Complete All Items In Sections I, I1, Ill, IV, V I. LEGAL DESCRIPTION: LOT BLOCK SUBDIVISION~I "~ `•: CONSTRUCTION ADDRESS: ~~~ ~r ~~/~!./~.~',C ~ 1I~'~Z ! ~~ UNIT INDIAN RIVER COUNTY TAX PARCEL #:~ -~ - ~ -~GCVQ (,~. ({~~~,.Ci II. CONTRACTOR: /~~ld~ PHONE:~~''~-~ U ~ ADDRESS: ~~~~ ~~~7.," ~G~~~~l v ~ CITY:~~~©i ~^' ' " STATE:C' lam- ZIP: c~~ STATE or SEBASTIAN REGISTRATION # iII. OWNER OF PROPERTY: `IO ~ ADDRESS: t~ D~~ ~~~ ~ ~ .~ DAYTIME PHONE NUMBER: S8 ~YL~fL< ~ ' t l SD CITY: ~ ~ STATE: ZIP: ~ ~~~ I~. TYPE OF WORK: NEW ~ ADD./ALT. REPAIR DEMOLITION RESIDENTIAL: -1~ ~ COMMERCIAL: MULTI-FAMILY: DESCRIPTION OF WORK: ~ ~~ ___ . .... . ..........:...................... ... ~ . ................. ........ ...................................... ..... PUBLIC WATER YES NO N0 PUBLIC SEWER YES ,1 TOTAL SQ. FT. ~ = Conditioned: f 'ZpC7 + Non-Conditioned: ~~ POOL GALLONS: / ,.~-~' ESTIMATED FAIR MARKET VALUE: $ 3 , CI~~ V. TOILETS ~-- BATH TUBS TUB/SHOWER ~ SHOWER ~- KITCHEN SINK WELL LAVATORIES Z DISPOSAL ~ WATER HEATER i WASHING MACHINE HOOK UP ~ LAUNDRY TUB ~ HOSE BIBS ~ DISHWASHER 1 .................................................................................................................. SERVICE AMPS ~~~ TEMP. SERVICE OUTLETS /SWITCHES. A/C TONAGE ~ HEAT STRIP APPLICANT MUST COMPLETE PAGE TWO AND SIGN PAGE THREEE Building Permit Application pale 1 of 6 APPLICATION IS HEREBY MADE TO OBTAIN A PERMIT TO DO THE WORK AND INSTALLATIONS AS INDICATED. f CERTIFY THAT NO WORK OR INSTALLATION HAS COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT, AND THAT ALL WORK WILL BE PERFORMED TO MEET THE ST;4NDARDS OF ALL LAWS REGULATING CONSTRUCTION, INSURANCE, AND WORKMAN'S COMPENSATION. I UNDERSTAND THAT A SEPARATE SUB-PERMIT MUST BE OBTAINED FOR ELECTRICAL, PLUMBING, MECHANICAL, POOLS, ETC. PROPERTIES SHALL BE KEPT CLEAN OF LITTER AND ALL STREETS, SIDEWALKS, AND CURBS DAMAGED DUE TO THIS CONSTRUCTION SHALL BE REPAIRED TO THF_. SATISFACTION OF THE CITY ENGINEER PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY. OWNER'S AFFIDAVIT: I CERTIFY THAT ALL THE FOREGOING INFORMATION IS ACCURATE AND THAT ALL WORK WILL BE DONE IN COMPLIANCE WITH ALL APPLICABLE LAWS REGULATING CONSTRUCTION AND ZONING. '`"WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY YOUR PAYING TW/CE FOR IMPROVEMENTS TO YOUR PROPERTY.** (1F YOU INTEND FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR COMMENCEMEDI~). A N.O.Si.-I~S REQUIRED FOR ALL JOBS VALUED AT $2, 500 OR MORE._ SI~IA)fUFi7~ OFibWNER OR AGENT DATE'~`~ ~/ r NOTARY AS TO OWNER OR AGENT MY COMMISSION EXPIRES: Notary Seal: "~ Geraldine Frances Kubes MY Commission DD155637 ~~ ~~ ~p~res October 26, 2006 MY COMMISSION EXPIRES: ~,~"~ GeraNldneFrryanceseKubes ~ ~'tY Commission DD155637 a Expues October 26, 201)6 RESULT 1N TO OBTAIN NOTICE OF ............................................................ DO NOT WRITE BELOW THIS LINE - OFFICE U ONLY I DIN ~ - `~ ~ ~ ~~ BU L G PERMIT # _ ~ , '~~U ZONING TAZ # APPLICATION RECEIVED BY: DATE: ~-f ~~ O ~P YMENT: ~~ ZONING REVIEWED BY: PLANS REVIEWED BY: ~~ SSUANCE BY: COMMENTS: ................:...........:..........................................::Z:4::..... ::T•:~ PLANS REVIEW FEES $ c BUILDING PERMIT $ PLUMBING PERMIT $ _~ ELECTRICAL PERMIT $ MECHANICAL PERMIT $ RADON (STATE) $ REC. IMPACT FEES $ ~ -~'"JFEES ~ ~~ a ~_ TOTAL FEES $ ~ ~ ~~n~ t3~4 -~ 11 d `~~~ 6„ U ~~ Building Permit Application page 3 of 6 i- ~ O~r < o ~~ a ~~ ~u~`O~ ~ C- Z~ ZONING GR ~p2\oZ .a: ~• \ ~i ~ \ b ~ ',d ~ ~ \ ~\` \ 9 y \ QO ~° `~ W VEGETATION y \ Q~ ~ODo 0~ y GRASS ~ VINES) ~N~O' S SAO ~ -o Z 20'45'00'IW J• .Y W a `„ y ~o~ s ~p~~ 40.48'(D),.40.50'(M) y y ~y sW W~+W y \ ~~~~'>, O s' !~ PROPOSED y, y 23 ~Q ~ y \~ by PROPOSED ~ •' ~•~ FD IRON ROD ~• rl ~' W m C SILT FENCE ^x ~-Ic .. 5.15'E t 0.24'5 '~ ~ rt ~~l `. ~~ ((~~ . y y \. }'~ -..moo e9 w°e o os s ~ - %/ P• ,~ y \ lU' \ O ~ y y 0 y f ~ ',~ ° ~ ~. Z ~ PROPOSED :o ~ W ~. y \ ,y'Y "'~'~• ~~o ~oD~o~ ~~°. /RESIDENCE( .~ .~ Wl .~ \ /6 °EXiSTiNG S aPROP05OQ~ytiw?'+ °~.~ F.F. ELEV///'~ ~. y x y ~ o• .00,.. PALn . o s ~oac~ . ~ '0 13.50 NGVD ~ ~ .- y ,~ .. .1~0 . ~~yy 0 D \ ~ •e~ ~°' °d ' GLUS~TER 3\D' Off` WO~ ~tS ~j~I O•~~,0 Z- °~ ~s PARC s ~ ~~' -Ns o ~I n~ ~ ,~z.~ ,dry ~ ~ "" 0 s 'L ~. a'Q h' ~ F° IRON Ro p O B. OF PARCEL I AND II \ ~~ ` a . h• ; o.zrw a o.oo c,,,, ' PER LEGAL DESCRIPTION Qo, \ ~ry% h ~/ Q~`~ e CORNER SEAWALL \ _ L rp, C~ -IO 0.48' S ~ 0.33' E ~~~/// PE L PR~\~ "~''~~VV ~ PROPOSED 3' DIAMETER WET WELL PP E~~R ~ \ Z (SIMPLEX PUMP STATION) ~. ~ THIS I5 NOT A BOUNDARY SURVEY. \'~ `. a THIS IS AN ENLARGEMENT OF A PORTION OF THE ATTACHED BOUNDARY SURVEY \ AND IS ONLY FOR EASE OF VIEWING. IT `~ I"IUST BE USED IN CONJUNCTION WITH ~o ~ BOUNDARY SURVEY \ \ TNECITY OF~EBASTIAN ENGINEERING DEPARTMENT RAINAGE PLAN APPROVED J ~ ` ~ ~~; - ,..,~?,4P~-,~~. ~~,4~E I-~vU~TCn ~ 6re i ,vlvl, irlc... ~~ Land Surveyors (LB 6g05) zi i ,~ i 8436 U.S. Highway I Sebastian, Florida C IN FEET) 32858 Nord-~ I Inch = 2~ ft. TEL: (772) 388-8603 PLAT OF SURVEY POR= J08EPN C~RANAM TYPE: SKETCH OF INFORf1ATION ONLY - NOT A BOUNDARY SURVEY PROJ. N0. OI-180R DATE: 2/Iq/02 DWN. BY: S,A.N. F.B. PG. CKD. Bl': SCALE: I"=20' THIS PLAT AND REPORT ARE NOT VALID WITHOUT THE.SIGNAIURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHIGN SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT. THE PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE ANOTHER. ~~ da~c.D~~b- ,P1.Ati1S WEST ELEV PSu~~a~r~1~ S 4 S 4 S 4 +r--' ~ "' 30'-0" 5 -0 0 P E N ~ RAIL TO CODE i DECK ~ ~ " ' ' " " ' i 12 -0 -0 - 8 {- 5 -0 `~ ' " 3'-6 1/2" I -5 1 1 9 2 4" -: 10 H EXTERIOR WALLS i L ~ ARE SHOWN I I 9" THICK. I I I o ; I KITCHEN ~ $ I g PEN GREAT ~ ~ a I ~ _ ECK ROOM ~ m i ~ 3 4. i I r . ~ I Y w I za 0 o I C 101 ~ ~ 0 3 'I i° I ~ N - 4'-4 1/4» / 10'-0 3 4" DWj o ~ ~ REFR. I ~ O I ~ I t ~ M ~ i AHU -- ---- 14' 5" v - -- NOTE 6. 7 " ' 14 -1 14 2'-71 2 i ( / 8.- 1/2» - T ^ 12 TE 6 . NO o ~ O ALL INT WALLS ARE 3-1/2" STUD UNLESS NOTED. 10' 9 1 2" HB I ~ ~ - / ` BEDROOM o I G o - T 1 -~: _ _ F I v f. 6 " 10' SJ/2" ~ E 1D'-9" --j-- 4'-3" 1'-3 1/2" ' " . TO CODE ~ 4 -3 1/2 M j~ O ~ z _ - W 1'-O" ^ o I 7'-0" 'a 0 ~ 4'-10" 25'-2" o r- 4'-0" 1 ST FLOO R PLAN NOTE: i. WINDOW, DOOR, AND FINISH SELECTION BY OWNER. 2. ALL WINDOWS AND DOORS SHALL BE FLOOR AREA SUMMARY IMPACT RESISTANT. 3. WINDOW SIZES SHALL BE APPROXIMATELY AS SHOWN HEREIN. AIR CONDITIONED AREA 4. MIN OF (4) 2X4 STUDS IN WALL TO 1ST FLOOR 930 S0. FT. SUPPORT 8204 ABOVE. 2ND FLOOR 496 SO. FT. 5. MIN OF (3) 2X4 STUDS IN WALL TO TOTAL A C 1426 SO. Fi. SUPPORT B203 ABOVE. FT RESTRAINT FOR BEAMS 8203 P NON AIR CONDRIONED AREA 6. U LI GARAGE 705 50. FT. AND 8204 SHALL BE: - SIAAPSON PHD2-SDS30N.BEAM-:- EMRY^ ^' 104 50. Fi. ,_ TOP OF WALL 20'4" AFF LOAD BEARING STUD WALL. OPEN TO GREAT ROOM BELOW 2X,0 NOTE 4. - 4X4 WD POST TO SUPPORT PLATFORM. 2X6 PLATFORM FRAMING. RAIL TO CODE 9'-0" TOP OF WALL 26'-1/4" MASTER BEDROOM. NOTE 5. M. BATH 3 .O~II w.~.C. 2ND FLOOR PLAN Pt,ANS `v I M `v f7 0 I 0 I .~ M r~ 0 N O i ~~ PEN ECK o I I i~ ad, I v 1'-3 1 /2" RAIL TO CODE i~ II~~~ ~~~~~~~ ~~ O April 30; 2007 Rebecca ~rohall Crro~~~th 1~Ianage~nent Director t~ity of Sebastian 1225 Main Street Sebastian, pL: 32958 ~/ _ .. ({. '~~~ t~ ~~~ ~'~ a~ ~.3 ~ ~~. ! ~ ~~~i ~~~ ~ Cd ~ ~ ~(} <e`i i ~, y +, ~~ ~ ~ F f~ ~~~~ ~ ~~ ~u~,i FZE: Letter c~f~Obiectior~ Construction East End of Cleveland Street, Sebastian Deax ls,~lse Grohall: The Board of Directors of the River Oaks Town Homes is officially stating their objection. to the structure being built at the east end of Cleveland Street and Indian River Drive. This objection is to the non-compliance of the building set-back regulations. Attached are several photographs which clearly show that the balconies and roof over- hang do not meet the City of Sebastian Building Cade regulations foi° set-backs from the property line. The Board of Directors is requesting a uTritten explanation from the City as to the course of action the City of Sebastian will take in order to remedy this non- compliance situation. If you require any additional infoi°rnation, please contact Mr. Jim Domineau (772-913- 3070). The Board of Directors of the River Oaks Town Homes looks forward to the City's explanation as to the property remedy. Board of Directors of River Uaks Town Homes 732 Cleveland Street Sebastian, FL _ ~, EriC10SUTeS Copy to: Cit;~=•Manager Cit<T Attorne;r r i *~