HomeMy WebLinkAbout06-25-2008 BOA Agenda-CANCELLED
AGENDA
BOARD OF ADJUSTMENT
REGULAR MEETING
WEDNESDAY, JUNE 25, 2008 – 5:30 P.M.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. ANNOUNCEMENTS
5. APPROVAL OF MINUTES: 1/9/08
6. OLD BUSINESS
7. NEW BUSINESS:
A. QUASI-JUDICIAL PUBLIC HEARING:
FRANK ROMEO, IN REGARDS TO LOTT 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.
8. CHAIRMAN’S MATTERS
9. MEMBERS’ MATTERS
10. STAFF MATTERS
11. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING 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 589-5330 AT LEAST 48
HOURS IN ADVANCE OF THIS MEETING.
1225 MAIN STREET ^ "SEBASTIAN, FLORIDA 32458
TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248
AGENDA
BOARD OF ADJUSTMENT
WEDNESDAY, JUNE 25, 2008
5:30 P.M.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. ANNOUNCEMENTS:
5. APPROVAL OF MINUTES: Regular meeting 1/09/08
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.
8. CHAII2MAN'S MATTERS:
9. MEMBERS' MATTERS:
10. STAFF MATTERS:
11. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF
ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR
HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT
A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO
NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S
ADA COORDINATOR AT (772) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING.
~~~
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HOME Of PELICAN ISLAND
BOARD OF ADJUSTMENT (CITY COUNCIL)
WEDNESDAY, JANUARY 9, 2008 - 6:G0 PM
1225 MAIN ST, SEBASTIAN
MINUTES
Chairperson Neglia called the meeting to order at 6:OG p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL
Board Members Present:
Vice-Mayor Sal Neglia
Council Member AI Paternoster
Council Member Dale Simchick
Council Member Eugene Wotff
Board Members Absent:
Mayor Andrea Coy (excused)
Staff Present:
City Manager, AI Minner
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Building Director, Wayne Eseltine
Growth Management Director, Rebecca Grohall
Growth Management Manager, Jan King
MIS Systems Analyst, Barbara Brooke
4. ANNOUNCEMENTS -None
5. APPROVAL OF MINUTES: Regular Meeting 9-26-07
MOTION by Mr. Paternoster and SECOND by Ms. Simchick, the September 26tH
2007 minutes were approved by a voice vote 5-0 carried.
6. OLD BUSINESS -None
7. NEW BUSINESS
A. QUASI-JUDICIAL PUBLIC HEARING:
WILLIAM AND MARY INGUI, IN REGARDS TO LOT 5, BLOCK 104,
SEBASTIAN HIGHLANDS UNIT 2, LOCATED AT 626 LAYPORT
DRIVE, IS REQUESTING A VARIANCE TO ALLOW AN
ACCESSORY STRUCTURE (POOL ENCLOSURE) TO BE FIVE (5)
FEET FROM THE REAR PROPERTY LINE, WHEREAS THE CODE
REQUIRES SUCH STRUCTURE TO BE TEN (10) FEET FROM THE
REAR PROPERTY LINE.
Board of Adjustment Meeting
January 9, 2008
Page Two
Vice Mayor Neglia opened the public hearing at 6 p.m. There was no ex-pane
communications disclosed.
The City Attorney gave a brief history of the development of this issue.
Public Input In favor of the Request
Mr. Bill Ingui stated it was his property and he was in favor of staff's
recommendation.
Public Opposed to the Request
None.
Council
Mr. Paternoster asked if at some later time, the City decides to do something with
the easement, would we encroach on Mr. Ingui's pool.
The City Attorney said it was a drainage easement, and we could ask for the
screen to be shifted back but he did not see any reason the City would need the
easement.
Mr. Paternoster asked if there could be a clause that as long as Mr. Ingui owns
the home, the City would not take the property back.
The City Attorney stated the authorization letter could specify that in event the
City needs to utilize the easement and the enclosure needs to be moved or
removed, the City would compensate for the removal.
Ms. Simchick clarified it will continue with the ownership of the home, and that
future owners would not have to remove the screen.
The City Attorney confirmed the variance would run with structure not the owner.
Mr. Wolff asked if City Council denied the original variance.
The City Attorney explained it went before a separate Board of Adjustment and
the Planning Director did not see a hardship at that time and recommended
selling the easement property to the Inguis.
Mr. Wolff clarified if the- structure needs to be replaced in a future windstorm,
would the variance be good for replacing another structure
The City Attorney said approval could be tied to the structure as long as it was
used for a swimming pool.
Mr. Wolff asked what would be the responsibilities of new owners.
Board of Adjustment Meeting
January 9, 2008
Page Three
The City Attorney explained the new owners would inherit the rights and
responsibilities of the Inguis.
Mr. Neglia stated he did not see any benefit in possible needing the easement in
the future.
The City Attorney confirmed there is still 18 feet from the property line to seawall.
Mr. Paternoster asked if Mr. Ingui was responsible for the taxes on the piece the
City sold to Mr. Ingui.
The City Attorney said the Property Appraiser has a base amount for typical
residential lot and nothing would be added for a three foot strip.
Mr. Paternoster said, "I realize that there is paperwork and man hours involved,
it's just that usually when things are done inadvertently wrong, we as the City
should accept some of the responsibility and the fee was $300.00, Mr. Vice
Mayor I would like to make a MOTION that we at least cut that by 50%."
Mary Ingui cited the costs involved:
1998:
recording the deed $ 15.40
purchase of the land $ 617.39
screen variance $ 200.00
vacation of easement for 3 feet $ 100.00
2006:
variance fee $ 350.00
The City Attorney noted the Inguis did receive the benefit of the variance by
building their pool and reported the total out of pocket cost has been $1,082.79.
Mr. Wolff SECONDED the motion. By this action it was understood the Board
was approving the variance to allow an accessory structure (pool enclosure) to be
five feet from the rear property line.
Roll call result was as follows
Ayes: 4
Nays: 0
Passed 4-0.
Neglia, Simchick, Wolff, Paternoster
8. CHAIRMAN'S MATTERS -none.
9. MEMBERS' MATTERS -none.
10. STAFF MATTERS -none.
11. Being no further business, Mayor Coy adjourned the meeting at 6:21 p.m.
dnnrnycrr al }ho Rnarrl of drli~icimanf magtinn
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ATTEST.'
Andrea Coy, Mayor Sally A. Maio, MMC -City Clerk
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, JUNE
25, 2008, 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 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.
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 June ] 0, 2008
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 a structure with roof to be a minimum of 20 feet from the rear
property line or requires 10 feet for an open air screened enclosure without a solid
roof.
3. Project Lccation
a. Address: 100 Drake Way
b. Legal: Lot 66, Sebastian River Landing Subdivision Phase One
c. ParcelID: 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
d. Site Characteristics
(1) Total Acreage: .23 acres
(2) Current Land Use(s): single family residence
(3) Water Service: public water
(4) Sanitary Sewer Service: public sewer
8. 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 final 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 pool enclosure to
2
be 10 feet from the rear property line when the structure consists solely of
screening and supports for the screening material (screened enclosure). Mr.
Romeo's structure has a solid roof over the pool, and therefore does not quality
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 easement. The survey does not
indicate the roofed structure over the pool. An onsite inspection by Growth
Management staff revealed the presence of a solid roof over the pool, in essence a
room addition, that needs a 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 has no further detail. The roof construction is a critical factor in
determining if the structure can qualify for the special 10-foot 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, 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 54-1-2.5):
In order to authorize any variance from the terms of the land development
regulations, the Board of Adjustment must fmd the following:
a. Existence of special conditions or circumstances.
3
b. Conditions not created by applicant.
c. Special privileges not conferred.
d. Hardship conditions exist.
e. Only the minimum variance granted.
f. Not injurious to public welfare or intent of ordinance.
g. Conditions and safeguards may be imposed.
h. Time limit may be imposed.
i. No use variance permitted in specified instances.
Please reference Section 54-1-2.5 of the Land Development Code for further
explanation and clarification of the conditions as set forth above.
10. Options and Recommendation:
Following are several options to consider:
a. 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. In conjunction with the variance approval,
foundation landscaping is to be provided along the three sides of the pool
enclosure to lessen the visual impact of the retaining block and aluminum
walls.
b. Deny the variance request. Mr. Romeo would then be required to remove
that portion of the swimming pool, deck, room addition and retaining wall
that encroaches into the 20' rear setback.
Staff recommends option "a" 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 enclosure .would be more
compatible with the residence and the neighborhood, than the large aluminum room.
4
Il. Commission Action:
Hold quasi judicial hearing to consider the request for variance.
-S ~
Pr ed by Jan Date
Growth Management Department
«, Permit Application No.
~gA~> City of Sebastian
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Owner If different from a licant
Name:
Address:
Phone Number: ( ) - FAX P~umber: ( ) -
E-Mail:
Title of permit or action requested:
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PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERR~IT 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):
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1, ~' "'" ~ ~' -`~ ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: V I AM THE OWNER
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.
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SIGNATURE DATE
SWORN TO AND SUBSCRIBED BEFORE ME BY ~ 1.~
WHO IS PERSONALLY KNOWN TO ME OR PRODU ED _
AS IDENTIFICATION, THIS ~_ DAY OF , 2~~~.
NOTARY~S SIGNATURE
PRINTED NAME OF NOTARY ~ ,~y v UJ..p
COMMISSION NO./EXPIRATION
SEAL:
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,., ~ MY COMMISSION # DD 498423 ,
EXPIRES: February 16, 2010
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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, l/ THE OWNER(~/ _ THE LEGAL REPRESENTATIVE OF THE OWNER(S~ OF THE PROPERTY DESCRIBED WHICH IS
Yf'
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 (NAIVE 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 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.
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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:
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F~IRE9: Febme~Y
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Permit Application No.
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HOME OF PEl1UN ISWND
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 appe 'ng.
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3. L gal description of the property involvjed: /(~(J ~~
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V 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.
(Attach extra sheets if
c. The names and addresses of all property owners whose property or part
of their real property is within 300 feet of any outer l~oy~nd ry of the lot
or arcel of land that is sub'ect of the a lication. /~~'1" ~i~fiW ~
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HOME OF PELICAN ISLAND
BUILDING DEPARTMENT
1225 MAIN STREET-SEBASTIAN, FLORIDA 32958
TELEPHONE: (772) 589-5537 • FAX (772) 589-2566
PERMIT APPLICATION
ALL OF THE FOLLOWING MUST BE FILLED IN BY APPLICANT, ACCORDING TO FS 713.135
PERMIT # O 6'1d•~~ ARl TRACKING #~~ ~p DATE:
INDIAN RIVER COUNTY PARCEL ID # RECEIVED BY: I/~N-~
LOT: ~ BLOCK: SUBDIVISION:,S~rZ~nS~„yt-i~Ur~i2.%AND,s~FLOODZONE:
TYPE OF WORK: NEW ~} ADDITION ~ ALTERATION ~ REpAIR ~ DEMOLITION O
WORK INCLUDES: STRUCTU//RA~~L ~ ELECTRICAL ~ PLUMBING, MECHAMCAL ~ ROOFING ~ OTHER
WORK DESCRIPTION: ,~!,~LL~r~H ~ Co~~c,~; n S ~.%"liy. 'arc Po ~ f
2 $, yf S u v
ESTIMATED JOB VALUE: S TOTAL S/F UNDER AIR
JOB NAME: D /~/ /i ~
JOB ADDRESS: /~C~ ,~,Q ~ l~~> l,l~~~• ~ /~. h i~.J.11~~/
PROPERTY OWNER'S NAME: _F_ _,Q/~,~/,L~ ~Qp~~r~~ ~ PHONE:(~3I(~~/•7 ~~~
ADDRESS: c90 ,Q ~!, ' ~„~
CITY/STATE: - ,S Tt i.3si r i n.a ^~~ ZIP CODE ~7 C. fi
LICENSE #: [/~".- (}~ ~ "~$
PHONE: 32/• y~`~ • ~jY9
ZIP CODE 3Z~js" J
PHONE: 3Z/- ~o~~- ~ "rv5
ZIP CODE: ~oj 2-(-
PRESENT USE: PROPOSED USE: OCCUPANT LOAD:
NUMBER OF: STORIES C~ BAYS ~ UNITS Q BEDROOMS O HEIGHT
TYPE OF CONSTRUCTION: Sld/iM/'7. ir.~.) PcN ~ ~ OCCUPANCY TYPE: AREA
IS THE BUILDING PRESENTLY EQUIPPED ~41fTH AN AUTOMA T IC FIRE SPRINKLER SYSTEM? YES ~ NO
BONDING COMPANY:
ADDRESS:
t~l Vf\ t VA V fi LL' l •Lfif\.
ADDRESS:
FEE SIMPLE TITLE HOLDER:
ADDRESS:
CITY/STATE-:
PHONE:
C AVIV G. _-__---
CITY/STATE:
CITY/STATE:
PHONE:
ARCHITECT/ENGINEER:,~i !~~/~ e~AS~.'l~~
ADDRESS: 5320 r/~2,o4 ~pfr~ ~~~/
CITY/STATE. (' r~(~,g r/
APPLICATION iS HEREBY MADE TO OBTAIN A PERMIT TO DO THE WORK AND INSTALLATIONS AS INDICATED. I
CERTIFY THAT NO bbORK OR INSTALLATION HAS COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT AND i
THAT ALL WORK WILL BE PERFORMED TO MEET TiyE STANDARDS OF ALL LAWS REGULATING CONSTRUCTION I
~ IN THIS JURISDICTIOPJ. l UNDERSTAND THAT A SEPARATE PERMIT MUST BE SECURED FOR ELECTRICAL
~ Ih'ORK, PLUMBING, SIGNS, INl:LLS, POOLS, FURNACES, BAILERS, HEATERS, TANKS AND AIR CONDITIONERS,
LETC. _ ,.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT WIAY RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOl! INTEND TO OBTAIN FINANCING, CONSULT
WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT, _ _ _J
I A CERTIFIEd COPY OF THE RECORDED NOTICE OF COMMENCEMENT SIGNED BY THE OWNER, SHALL BE~
FILED WITH THE PERMITTING AUTHORITY IF THE VALUE IS $2,5aa OR MORE, EXCEPT HEATING OR AIR ,
CONDITIONING CHANGE OUTS LESS THAT $S,Caa. ~
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
MANAG'cMENT 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 CONS!DERATiON Of GRANTS,
THIS PERMIT, TFiE OWNER, AND THE BUILDING CONTRACTOR AGREE TO ERECT THIS STRUCTURE IN FULL.
COMPLIANCE 1P11TH THE BUILDING .4ND ZOtvING.CODES OF THE CITY OF SEBRSTIAN.
~NO7E: THIS t'ERMiT APPLIGATtO1V 15 VOID AFTER 18Q DAYS UNLESS THE ~NOF2f<, WHICH tT COVERS HAS ~
I COMIv1Et`lCED. ALL CONTRACTORS MUST HAVE A VALID STATE CERTIFICATION, STATE REGISTRATION, OR I
GOUNTY COMPETENCY PLUS ACOUNTY -WIDE LICENSE PRIOR TO OBTAINING PERMIT. !
ALLADDftIONSAND/ REPAIRS MUST HA H~OMEOWNER'SSIGNA7 APP TION
t, OR
•:• SIGN R OF OWNER/AGE QUALIFIER'S SIGNATURE
~" ~Yl. -Yt~ OR a v ~ 5
PRINTED NAME OFOWNER/AGEN PRINTED NA/ME QUALIFIER
:• Individuals who sign as the owner's agent mast Frst obtain owner's written authorization to siy~ on choir orfcalf
STATE OI~ FLORIDA
COUNTY OF'
'i'h ore~oing i mcnt was arktcewlccibcd before u1e this _ _ d;;y of ~e~QT>r~~, ?pQo by
__1"`~C~~E-~--~~~ _ who is __ ~:ersonatly lu~own r who has _ produces! identification.
'1 yeti of idcatification proaurrd: -.
Official signature of Notary P is 1\utary Seal ,p`'""'~4i, tNC.eoyle
~Gt~ • AAy Con~i+on OD256144
„~ ExPlres October 02.2007
i
Sep 12 06 04:38p Sea ~eie Pool`s 321-984 X39
~ - p.l
1783401 RECORDED IN TftE RECORDS OF !JEFFREY K BARTQN, CLERK CIRCUIT COURT It+TU7AN
P.IVER CO FL, BK: 2077 PG: 2025, 09/12/2006 02.20 PM
NOTICE OF COMMENCEMENT'
n.r~prt~s~:
TAX Faz, o #: _ _" ~' ~ -_-- _._...---•----- ---•--
Bu t r_nn:~ t'eru~rr tir:'~ - ; ~ ~t ~ ~; -~ .^
t y r_~_ - _._.
StateafFlo der % ~)C Y-.i^•S 'r:~ G:.Ov~; - %.': j~v
rvr-unty oT t~dtan >;tver
'fits undcrlsi~ncd hereby givrs notide that improvantent will be trade to cenain real property, and
in acc:ordart~e with Chapcer 7t3, Florida Statutca, the fallowing irfotmation is provided in this
\oticc of Cpmmcoccmcrt.
1, Dt~crjption of ropctt~r ~l~l dcscriptior, of ;hu property, attd street address jf
availablC) ~~. ,S,a$AC':;a,J JQ,ii ; v La.,.i(.~.~ ~/.... r ".. _ .
3. Ownerinfo lion: ,•~Q ~ - -"`~"'~L^^'^~-•-~-^r-----.--~...-
a Addroe~f -. T'i``r J D ~.f.T~.C.% ~ _~~.'a.Z_ _y C~ ~.
b• Interest !n propwty: L D ~~, _ _ --~ ~--~-
c. Fee airnple titleholder (if other tMn OK~ner1: -'- ~•""-""""" • -- - • • ^
~tSnIC: _
Address: ~..._ -..., ~ .. _ _.- _- .... ....__--
4. Conttxc~ir. -y ,.... ---__ .. .. -.._._ _-
b. \'atrnc:.~'~tlsf.B~t?,l J rs'~ ;rL~ ~j f .~ L
'4ddrces: ~f~S ,D~.yA/ S.~ / u ,~.~ ~. ~/:S'!
c. Phone Nurcbu:,,,~3 I _"~~_ 94
s. sway .._._ - - _.----
a. Name and adttrrs~ --
b_ Phone n-nnbrr: ~~~~`~~` ~ -'---- -----• ----.--..._-
c. Amount of bond: S __ --T-"'"' "'-"'^-~• ..~
b, Lender '~'~ "-'•"'""-"
r. Nurnc'
b. Address: ~.,_ _"'-~-•----~..-.......,.-.._....____. _-,_.,
o• Lendet's phone Wombat '"'-' _ -_ " "' - -` -• •----^--
7-a. Persons u-:tytn ttw State of Florida d,•signa~cc by c)wacr upon whom nohccs or other documents arty
be r:rrvcd as providod by Section 7t3l3itt(p)7., Flotid,t St»tuics: (name and ~ddreraj
b, Phone cambers of designated perao;-.: `•~-"'-""'~-`"" -------
tia. to adtritien to hnnYClf err hetaelt Owner derigFtaces ,.~.~ • oC _ ~ ' ~ •~ •-
rccelue acopy ofthe Linar'KNotice es provided trI Ssctrgt} 7i 5,13(1){g~, Fl4rids Strttrtes. • '- ' - • to
b. Phone number ofpcYSOn or eucity desigr:atcd by owner: _ _
4. EKpirxrion dace of notice of wtrtmencdnenr (hr ezpira~itm dau :s 1 year Soto the date
unlesR a di(I'crcnt datt is xpa:ificJ)_/~~ fZ(~~p~ 4: recording
`~ Slvn~lT4rC Jf~}WnC - ~ 4C ~ O~
.r Gwncrs Name Printed: _ - ~y ~(/
fu kot insnucment was acluwwtedbcd l,~farc nto thts _ day o° -• , t706 by
_ whe s_ personally know to r~who }lasprodared
IIs vl nt atin 7 ificttior, ?:oducec __ ~•! , .~~ '"'
- (tgn~turr of aryYubh State off Fleridu)
ROGE
Ti .I:. I~; ';~C) (:I".;':'ir:' T; !;1TTi t'n 1.^, A
'•. 'G'r+iliilUtd,Cl1:`iK
..•.«„ ERIKA K. RS
Notary Punk- SW~ d Pbtlda
ConnIIroni+t0irttAprte,pip
co~n:MOa a no sxnr
eadad MtttlonM Mier.
POOL DRAINAGE AND INSPECTION FORM EXISTING HOMES
CITY OF SEBASTIAN
ENGINEERING DEPARTMENT
1225 MAIN STREET
SEBASTIAN, FL. 32958
(772)589-5494
FAX (772 j 589-6209
BUILDER: Michael Rogers
BUILDER'S PHONE NUMBER : 631-669-232n
POOL DRAINAGE PERMIT
DATE OF INSPECTIGN ~~ ~'- L7~
INSPECTORS SIGNATUR~
OMEN-~S:_
elJ7f7~. ~
GRADE INSPECTION
DATE OF INSPECTION INSPECTORS SIGNATURE
COMMENTS:
FINAL INSPECTION
DATE OF INSPECTION_______INSPECTION SIGNATURE
COMMENTS
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PLANS APPt~p`/S~
Date: - 8 --
By:
City of Sebastian g Department
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HOME OF PELICAN ISLAND
6t11LDING REPARTMENT
1225 MAIN STREET • SEBASTIAN, FLORlpA32956
TELEPHONE: (772) 589-5537 • FAX (772) 589-2556
RESIDENTIAL SWIMiYiING POOi., SPA AND HOT TUB
SAIFETY ACT
Notice and Requirements
PERMIT # 4 ~y~
1(V+%e) acknowledge that a new swimming pool, spa of hot tub will oe constructed or installed at
_____, and hereby affirm that one of the fotiowing methods will be used to meet the
requirements of Chapter 515, Florida Statutes.
(Please initial the method(s) to be used for your pool)
~_ _ ~___ he pool will be isolated from the access to the home by an enclosure that meets the pool
~ ~ barrier requirements of Florida Stahae 515.29;
Tl:c pool will be equipped with an approved safety pool cover that complies with ASTM
FfI246-9 t (Standard Performance Specifications fur Safety Covets for Swimming Pools,
Spas and Hot Tubs):
f `~~_ All doors and window's providing direct access from the home to the pool wi11 bt: equipped
with an exit alarm that has a minimum sound pressure rating of 85 decibels at 10 feet;
All doors providing direct access fmm the home to the pool will be equipped with self-
ciosing, self-latching devices with release mechanisms placed no lower than Sal" above the
floor or deck;
I understand that not having one of the above installed at the time of E"inal inspection, or when the pool is
completed for contract purposes, will constitute a violation of Chapter 515, F.S. And witl be considered
as committing a misdemeanor of the second degree, punished by fines up to $504 andlor up to b0 days in
jail as estahlishad in pt r',75, F.S.
Contractor's Signature Date Owner's Signan+r Uatc
Contractor's Name (please print) vKner's am a.re pr;nttj
~w _. _ l~
Notary 5igraturc otary Signs r
Seal.' ~,~ ~hMt C. goys .Seel:
iJy Comrr~ta- pt)466144
Expire Ogottir tl?, 3t)07
~~~~' ~"'~~, ERIKA K. ROGERS
s Nortur ~taic - smta a Frotra,
' CarxtYssion Expires Apr f8, 2010
Conxtratiort ~ t)D 527749
Bwid~d NitOOad Atn.
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HOItAEOF PFLlCAN fSiAND
6UILDING DEPARTMENT
1225 MAIN STREET • SE8i4ST1AIV, FLORIDA X2958
TELEPHONE: (772589-5537 • FAX f772) 589 X566
PERMIT APPLICATION
ALL OF THE FOLLOWING MUST BE FILLED IN BY APPLICANT, ACCORDING TO FS 713.135
PERMIT # ~~ > ~1 ~ C~ ~' TRACKING # DATE:_ _ ~ Z-~
INDIAN RIVER COUNTY PARCEL ID # RECEIVED BY:-Y L r~
LOT: ~ ~ BLOCK: SUBDMSION:_ J ' /C -~- FLOOD ZONE:
TYPE OF WORK: NEW Q ADDITION Q ALTERATION ~ REPAIR Q DEMOLITION O
WORK INCLUDES: STRUCTURCA~I. ~ ELECTRICAL ~ PLUMBING Q MECHANICAL Q ROOFING ~ OTHER
WORK DESCRIPTION:SZ7 4~~, L~ ~.. ~ ~r~ S., r~
--
ESTIMATED JOB
VALUE: S_pCD $J~y TOTAL ~~~~7 2 UNDER AIR
~
JOB NAME: ' ` f91~11,~.a ~rw n
JOB ADDRESS:. IO~ ~ r'A ~'~e /.~0. ~ JQ ~gS~;~nn ~~ ~~~
`
PROPERTY OWNER'S NAME: Frg„ ~ /[o „~ ~. PHONE:
ADDRESS: ~ aft (,Jo.
CTTY/STATE: ZIP CODE
D
CONTRACTOR: G+~~ IG~ •
ADDRESS: ~ r /r ~ LICENSE #: ~~~
PHONE: ,3
L~'c/ _ q X ~3-
CITY/STATE: /+!, / .,,~~,_ ) _
ZIP CODE 329'~O
ARCHITECT/ENGINEER: PHONE:
ADDRESS:
CTTY/STATE: ZIP CODE:
PRESENT USE: PROPOSED USE: _ OCCUPANT LOAD:
NUMBER OF: STORIES ~ BAYS Q UNITS ~ BEDROOMS Q HEIGHT [~
TYPE OF CONSTRUCTION: OCCUPANCY TYPE: AREA
IS THE BUII,DING PRESENTLY EQUIPPED WITH AN AUTOMATIC FIItE SPRINKLER SYSTEM? YES ~] NO
BONDING COMPANY: PHONE:
ADDRESS: CITY/STATE:
MORTGAGE LENDER: PHONE:
ADDRESS: CITY/STATE:
FEE SIl~IPLE TITLE HOLDER: PHONE:
ADDRESS: CITY/STATE:
PPLICATION 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. I UNDERSTAND THAT A SEPARATE PERMIT MUST BE SECURED FOR ELECTRICAL
WORD PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS AND A/R CONDITIONERS,
ETC.
WARNING TO OWNER: YOUR FAILURE 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,SOD OR MORE, EXCEPT HEATING OR AlR
CONDITIONING CHANGE OUTS LESS THAT $5.000.
Nu i ict: ~N 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 FRGM OTHER GOVERNMENTAL ENTITIES SUCH AS WATER
MANAGEMENT DISTRICTS, STATE AGENCIES, OR FEDERAL AGENCIES.
AIVY cNANGE 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.
~.~. ~ ~. ~ n~o rcruvn ~ HrruuA ~ ION 15 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 SUt;NA
• SIGNATURE OFOWNER/AGENT
PRINTED NAME OF OWNER/AGENT
OR
Q
OR ~ ~ ~e
APPLICATION
//'S SIGNATURE
LLp~r~~
NAME OF QUALIFIER
DATE: DATE: 0? / ~ ~q,_, D
-:• 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 ,~ day of 20d~ by
who is personally known or who has ~ roduced identification.
Type of ident' ation produced: - _ ~ (, .p
;~;;~~.I~.~ts,tf`~
Official Signatu Notary Public ~~- Notary Seal ~ ~~`~ '~'"`~" "~: ~,~~
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1841313 RECORDED IN THE 'ORDS OF JEFFREY K BARYON, CLEF ~IRCUIT COURT INDIAN
RIVER CO FL, BK: 2162 P~_ 294, 05/07/2007 12:53 PM
NOTICE OE COMMENCEMENT '
ADDRESS: _
TAX FOLIO #: __
BliIl.DING PERMiT 11:
State of Florida •
County of Indian River
The undtrsigncd hereby gives notice that improvi;n;ent will be madt to certain real property, and
in accordance with Chapter 713. Florida Stantcs, the following information is provided in this
Notice of Corrrmencemcnt
1. Description of property. (legal doscriptior: of the property, and street address if
available} ,5(~tb `O a/5~,. r~° 31, _ tn1 ~ z otlofo~~~, Sr~~SAtA R~!/f~C
ldo b~ l t L R,~rp,~ S
2. General descnption cf i r vcment:~~p n~m~ „~ ' _ _
3. Owne: info yat~~ ~ ~ '~
a. Narrte: 1' ~I~-t i~7 U
4dtlres4:1t;JQ (J/Cr4-Kt~e~._~~"1T_).~-(~~.E~ ,, r~ r:i
b. Interest in property: /oD % ~ _ _ _ __ _ '
c. Fee simple titleholder (if other then Owvur): ~ ~ ---- "'~
:tame:
Address: - - -• ---- ... --
4. Contractor: t "'
a. ?Jame: ~ ~ ~_ J r --~ r
b. Address: _ 27r1~ ~~ /~' _ 3
c- Phone Number: 2 l ~ ~'N 91t0~„_
S. Surety -'
>L Name and address:
b. Phone number. .- ~- --- "--
c. Amount of bond: 5 ""-" - -
b. Lender: ~~
a. Name:
b. Addmss• __ .~.._._. ----_._ _... _
c. Lender's phone number:_ -____
7.e. Persons withir rho State of Fbrida designated by Owtier upon whom notrces nr other documenu may
be served as provided by Section 713. l3(I)(Al7.. Florida Statutes: (name and address)
b. Phone numbers ofdesignated persons: ~ ~ i --~'---
8a. In addition to himself or herself, Owner designates of to
receive acopy ofthe Liner's Notice u provided in Suction 7l3.13(IxS), Florida Statutes.
b. Phone number of person or entity designated by ownor:_
9. Bxpiradon date of twtice of commencement (:he expiration dare is 1 ytar from the date of recording
unlt:ss a different date`is s~peciiiea} _ ~tr~,~,/
-~ Sigrta.urc of U~vner-'~1 ~ 0 CJip
-~ OwncrsNamcPrintcd: ~/ ~~
Th !'o. , oin 'natrucment was acknowledged hefore the this dsy of 2006 by
wttu is ._ personalty known .the or ~ o has produced _~___ -
as idcnti - n. T of '''icarion Produced ,_ ~ (~-_~ - .~ _»
( tartature oC ota lit - S ~ to otFlorida} K a
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ARTICLE VII. GENERAL REGULATIONS
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
ARTICLE 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)
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HOMEOWNERS A S S O C I A T I O N
September 28, 2006
Frank Rbmeo
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,
~~~ ~~~ ~ ~~~ w~
Bill Kennedy
Association Manager
Sebastian I?i~ier Landing Ind, I-I~men~~inare ~ecnri~+inn
1682 W. HIBISCUS BLVD. MELBOURNE, FLORIDA 32901 - 32i-728-2212 FAX 321-984-2890
Section 7. Completion 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, garbage, 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 Hede~es Mass Planting of An~y~e.
(a) Fences, walls, hedges or mass planting of any type shall not exceed a height of six (6')
feet above the finished 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 finished
graded surface of the ground upon which it is located shall be constlnact~~ ~~~ ~ a _, ,
•.u, r,an~eu, t,~acca or maintained
10
Section 5. Votinu 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 REQUIREMENTS
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..anykmd. 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 aCt1V1tV Which w711 alter the exictinv tnnnoranhv pf the T Ot T'ho ~''~ =,m;ttee &iaii nvti y fife Lot
o -~r~c-..r..~ ....,~.
4
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
noti~ 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 Iandscape 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 IS 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
maintaining 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 annrnvai 7f the O.r~,o_ ,.o „~.. T _~ ._ ,
rr vru~.i ~~ ~y L~< <„r nis contractors, agents or invitees)
5
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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 unscreened 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,
_)
Biii Kennedy, Association Man'a~er
Sebastian River Landing, Inc. Homeowners Association
~ 682 W. HIBISCUS BLVD. MELBOURNE, FLORIDA 3290 i 321-728-22 i 2 -FAX 321-984-2890
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HOMEOWNERS ,45JSOCIATIFON
August 22, 2007
Frank Romeo
21 Silver Street
West Babylon, NY 11704
Dear Mr. Romeo:
Enclosed please fmd 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
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1682 W. HIBISCUS BLVD. MELBOURNE, FLORIDA 32901 ~ 321-728-2212 -FAX 321-984-2890
1694958
THIS DOCUMENT HAS BEEN RECORDED
PREPARED BY AND RETURI~T TO: iN THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY FL
Sebastian River Landing, L.L.C. F3K: 1946 PG:2387, Pagel of 2
1682 W. Hibiscus Blvd., Melbourne, FL 32901 10/13/2005 at 10:39 AM,
~~~u-'~ ~~ JEFFREY K BARYON, CLERK OF
COURT
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.,
Swirnmin 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-rail 54" 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 materialgr ThP 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
in the presence of:
Il~ttiC ~ BY:
Witnes~ONNIE L. ICEN EDY
SEBAST~N RIVER LANDING, L.L.C.,
a Florid invited Liability Company
Hugh~~i~ans, Jr., Member
Print Name
~~~.E~
ft~ A. C~evault
Print Name
STATE OF FLORIDA
COUNTY OF BREVARD
I HEREBY CERTIF'I' 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. EVANS, JR. as a Member of SEBASTLAN RIVER LANDING, L.L.C., a Florida Limited
Liability Company, to me known to be the person described in and who executed the foregoing
instrtament 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 L I~NNEDY
~;•'•;e
* * MY CDMMI5SION # DD 438869
EXPIRES: October 9, 2Q09
My Commission Expires ~ArEaF~~~`~ Bondedl'hruBudgetNotaryServices
2
~ (For Office Use)
- Date Received:
,~,,
SEBASTIAN RIVLR LANDING HOMEOWNERS ASSOCIATION
ARCHITECTURAT, REVIEW APPLICATION
***~C*'I.'~:*~:~:~:*~t>:**3:*]~:fC*~:fC*>:]~:~G~:***~:***~.*~:**~:~:]~C~C***ff*~:f:~:fG*~."I.'i~:****~:]~.~:~:~:*****i:*~:**Y7C iC*****~: '~. *~: ~: 1~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.)
Other: (list details and attach copy of survey)
Date:
Signature:
*PLEASE REMEMBER TO SEND A COPY OF THE LOT SURVEY*
T®:
FROM: Sebastian River Landing Board of Directors/Architectural Review Committee
(For Office Use)
Your application is hereby (_, approved, L~ disapproved, subject to the following conditions, (if any):
Date:
Signature:
Note: These plans have been reviewed for the limited purpose of determining the aesthetic compatioiiity of the plans with the community in general is the sugecrive opinion of the approving euthoriiy. These plans are
approved on a limited basis. No review has been made with respect to functionality, safety, compliance with governmemal regulations or otherwise, and no reliance on this approval should be made by any party with respect
to such matters. The approving authority expressly disclaims liability of any kind with respect to these plans, the review hereof; or any structures built pursuem hereto, including, but sot fiadted to, liability for negligence or
breach of express or implied warranty. All construction and landscaping approved by the committee shall be completed within six (~ months from the date ofwritten approval