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HomeMy WebLinkAbout12-10-2008 BOA AgendaCt1Y OF SF.sns'ruW 1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, DECEMBER 10, 2008 6:00 P.M. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: Regular meeting 8-13-08 6. OLD BUSINESS: 7. NEW BUSINESS: A. QUASI-JUDICIAL PUBLIC HEARING: SAM AND GAYE MORRISON, IN REGARDS TO 1040 LOUISIANA AVENUE, IS REQUESTING A VARIANCE TO ALLOW AN ACCESSORY STRUCTURE (GARAGE) TO BE 1.4 FEET FROM THE REAR PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE TEN (10) FEET FROM THE REAR PROPERTY LINE. ALSO, THE SIZE OF THE GARAGE EXCEEDS THE ALLOWABLE 5% BY 189 SQUARE FEET. 8. CHAIRMAN'S MATTERS: 9. MEMBERS' MATTERS: 10. STAFF MATTERS: 11. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105 F.S.) IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (772) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. C[lY OF -e . .-~ . - ._- -~ HOME OF PELICAN ISLAND MINUTES BOARD OF ADJUSTMENT REGULAR MEETING WEDNESDAY, AUGUST 13, 2008 - 5:30 P.M. Mayor Coy called the Board of Adjustment Meeting to order at 5:30 p.m. 2. The Pledge of Allegiance was recited. The City Attorney explained that a Council Member Simchick could not miss any of the evidence in order to cast a vote so he advised that the meeting be held up after the approval of the minutes. 3. ROLL CALL Board Members Present: Mayor Andrea Cay Vice-Mayor Sal Neglia Council Member AI Paternoster Council Member Dale Simchick (5:47 p.m.} Council Member Eugene Wolff Staff Present: City Manager, AI Minner City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King MIS Systems Analyst, Rob Messersmith 4. ANNOUNCEMENTS -none 5. APPROVAL OF MINUTES: 119/08 MOTION by Mr. Nelgia, SECOND by Mr. Paternoster to approve the January 9`h, 2008 minutes passed on a voice vote of 4-0. 6. OLD BUSINESS -none. Mayor Coy called for a five minute recess at 5:32 p.m. and reconvened the meeting at 5:47 p.m. upon Ms. Simchick's arrival. Board of Adjustment Meeting August 13, 2008 Page Two 7. NEW BUSINESS: A. QUASI-JUDICIAL PUBi_IC 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, WWEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE A MINIMUM OF 20 FEET FROM THE REAR PROPERTY LINE. The City Attorney asked for ex-pane communication and there was none. The City Clerk swore in all those who intended to offer testimony. Attorneys Gary Rooney and Elizabeth Brooker were in attendance to represent Frank Romeo. Mr. Rooney thanked the board far continuances on this matter ar~d gave a brief background on the variance request. He submitted pictures of the structures back where landscaping might hide the structure from view. In response to a line of questioning by his attorney, Mr. Romeo stated his name for the . record, that he resides in New York State with a home at 100 Drake Way, Sebastian, Florida, that he was here tonight in regard to the Florida property, that the house was not built to plans but was flipped without his consent hindering the pool size and the installation of a handicap lift, the builder informed him the flip would prevent the pool, the home is four bedrooms, his father-in-law will be moving in with him, his parents would sometimes stay with him, he had some of his medical conditions requiring the pool when the home was built, he had though he did not want to elaborate an his medical condition, he has muscular seizures and every physician recommended a pool that is temperature controlled, that the structure was subcontracted by his pool company, that he found the structure did not meet setback codes when Building Official Wayne Eseltine placed a red "stop work" sticker on the structure. Mr. Rooney passed out and displayed overhead photos of the subject structure (see attached as exhibit to minutes), and continued his questioning of Mr. Romeo, who responded that he is willing to hide the structure's three sides with landscaping, noting there is a composite roof required by the engineer, the home will be their primary residence, the pool is not complete, he had spent $66,000 on the structure so far, that he has found no other way to change the roof structure to stay within code, and he did not have the money to knock it down and rebuild the pool. In closing, Mr. Rooney asked, on behalf of his client, that the Board grant a variance due to its minor intrusion at the .715 set back, because it is an attached structure with an unusual set of circumstances, keeping in mind that Mr: Romeo did not try to do this himself or cut comers, and had the same intent in mind since day 1, with the stipulation that landscaping be installed or the concrete is stained an earth tone. Board of Adjustment Meeting August 13, 2008 Page Three Staff Presentation The Growth Management Director gave staff report, noting there are three permits for this property and that the certificate of occupancy was never held up for this house, the pool enclosure permit was applied for in May 2007, that this is a Planned Unit Development and the zoning is on the face of the plat, that the code does allow fora 10 foot rear setback for a screen but staff does not agree that this is screen enclosure. She said the pool itself was approved with the condition they stay out of the setback, that she believed the pool contractor violated the condition, and said she thought the roof was remedial by reducing it by 20 feet and add landscaping. She noted that the Department has received a number of questions, comments, and complaints regarding the structure. Mayor Coy called for public input. Public Input Ryan Rusnack, President Sebastian River Landings Homeowner's Association (HOA), said he heard a separation of issues, i.e.., the pool structure, and the structure on top of the pool. He said the location of this property is quite prevalent, being on a corner lot, that the easement is dedicated to the HOA, and there hasn't been a request #o vacate the easement. He said the reason for the easement is to keep uniform building around the lake, and the HOA architectural review committee hasn't received this yet. He said he knew there has to be hardship and certainly, money spent isn't a hardship, though he acknowledged if there was an. act or omission Mr. Romeo may have money due. He stated he thought what you have is something that ran wildly out of control, at the entrance of this subdivision, and he asked the Board to deny this especially when it hasn't even met HOA board procedures. Tom Meskell, resident and real es#ate broker, said he has held many open houses in the area and he has found that people ask "what is this at 100 Drake Way" and it has given the town a black mark. Mayor Coy stated she was supposed to separate pro and con speaker input and now asked for those in favor of the request and there were none. She then asked for those opposed. Pat Meskell, 112 Drake Way, read a statement she had written, regarding people from all walks of life who chose to live in a deed restricted community which was critical for her personal home purchase in the subdivision. She said these people were under the belief this would not be allowed in our subdivision, that each homeowner had to sign that they received deed restrictions that this is across from a small retention pond, and was built without Architectural Review Committee review. She said many are concerned about what will happen during a wind storm, citing that there have been times the water has reached the wall of the subject structure. She expressed concern for Mr. Romeo trying to garner support because of his disabilities and noted many people have disabilities, that she has celiac disease and has gone through breast cancer treatment, but would not ask her neighbors to give consideration for her disabilities.. She asked for those in favor of denying this stand up. She handed out a photo. 3 Board of Adjustment Meeting Augusf 13, 2008 Page Four William Fountain, 112 Sebastian River Landing, requested a count of those who stood up and Mr. Wolff said it was unfair to operate a hearing this way. The City Attorney advised that courts hate hand counts. Applicants Response Mr. Rooney said the drainage easement is 10 foot and the over build is the width of a piece of paper that he held up. He said this is a hardship because of Mr. Romeo's medical condition and a series of mistakes that vuere made, that if the structure was torn down there will be a hole, he'll go into foreclosure and cited other violations in the association. He said other homeowners are killing wildlife and barbequing in their driveways and you can hear the hogs squealing. He said the role of #his Board is not to get between the HOA and Mr. Romeo because there is the Circuit Court for that. This is to stop the expenses by requesting the variance. Mr. Paternoster asked if the meeting had to be extended. MOTION by Mr. Paternoster and SECOND by Mr. Neglia to continue.with the meeting passed with a voice vote of 5-0. Mr. Rooney said he never heard the allegation of parts flying in the wind, that there is remedial talk. He said the City has a dream to move in the right direction with the comprehensive plan and this does not change that dream, and asked the Board to grant this with the provision that there be some landscaping required. Staff Summation The Growth Management Director said the house was permitted on October 6, 2004, certificate of occupancy issued on December 9, 2005, the pool permit was not applied unti{ Sept. 2006 and the pool enclosure was not appiied for until May 2007, and the staff report recognized that if they were submitted at the same time, steps could have been taken to redesign the layout. She said staff knows that the Homeowners Association issue needs to be resolved as a civil manner, and recommended keeping the pool where it is, remove part of the roof, and add landscaping. In response to Mr. Wolff, she said the house was issued the certificate of occupancy an December 9, 2006. Council Deliberations Mr. Neglia said to him, this is a room that needed a setback and the roof should be removed. He said he is concerned with rising water, that any hardship was created by the people who did the work for Mr. Romeo, and personally, the people who live to the south wouldn't like it. Mr. Paternoster asked Mr. Romeo when he was notified there was no fencing around the pool and did he contact the pool company to report that there was a violation. Mr. Romeo said he called and gat a recording so he came down and when he saw it, he went to the Melbourne warehouse of the pool company but there was no one there but after 3 or 4 calls, a representative offered to come down. In response to Mr. Paternoster, Mr. Romeo said he was not notified the house was going to be flipped, that in 2004 the HOA was not officially 4 Board of Adjustment Meeting August 13, 2008 Page Five set up yet, and the Vice-President of the homebuilder approved the pool in its entirety as long as Mr. Romeo used a pool company recommended by her and they were severely overpriced, and two companies were crossed aff the list. He said the first complaint was the red flag he got from the City, that the builder was Sun Castles and they are no longer in Sebastian, that he has tried to contact them but was not treated respectfully. Mr. Romeo said there are a lot more offensive things in this community. When Mr. Paternoster asked when doctors said his conditions needed a pool, where they given to Growth Management when he applied for the enclosure, and Mr. Romeo said he contracted with the pool company, they staked out the poo( and applied for the permits. Mr. Paternoster asked when the application for the enclosure was submitted did it show it was to be enclosed, and the Growth Management Director said the Building Director told her he was of the opinion that not all of the documents were applied for. The City Manager noted there are two separate dates and the Growth Management Director said she had placed the pool and enclosure application permits in the packet. Paternoster read the requirements for a variance as follows: In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must find the following: -Existence of special conditions or circumstances -Conditions not created by applicant -Special privileges not conferred -Hardship conditions exist -Only minimum variance granted -Not injurious to public welfare or intent of ordinance -Conditions and safeguards may be imposed -Time limit may be imposed -No use variance permitted in specified instances and asked the City Attorney if a hardship is on the land, surmising hardship above and beyond that should not be considered. The City Attorney said the hardship would be on the land not based on personal circumstances. In response to Mr. Neglia, Mr. Romeo said Sea Breeze Pools was the pool contractor. Ms. Simchick said this was a calamity of errors and she noted when staff made errors she has said we broke it, we fix it. She said the application does say 3.30 aluminum composite roof but when she went to the site, it is something you would see as an extension of a modular room and didn't feel it was clearly spelled out in the application. She said she would be in favor of the 8 inch variance with the stipulation to make it a screen enclosure. Mr. Wolff asked Mr. Romeo why he is not living in the house. Mr. Romeo said he was not aware it was permitted for occupancy until January 2006 at which time he found the permit in his mailbox and the one year warranty had expired to include the air conditioner. He said 5 Board of Adjustment Meeting August 13, 2aai3 Page Six family medics! circumstances have prevented them from moving down; noting that he had seven seizures driving back and he had slipped into a coma in Virginia in October, which was when the first variance hearing was to take place. Mr. Wolff asked when he discovered the plan was flipped did he do any legal procedures, and Mr. Romeo said he went to a Vero attomey who spoke to Attorney Steve Lulich who represented Sun Castles, who tried to rectify in same way and his attorney said if he went to court, he would win, and he would get back what he paid for the house or keep the house. Mr. Romeo said it was hinted that property values have dropped because of his enclosure but that he had seen a number of HOA violations. In response to Mr. Wolff, the Sebastian River Landings HOA President Mr. Rusnack, said Mr. Romeo is a member, that the community is known to be a deed restricted community. Mr. Wolff said he had sold one or two houses in Sebastian and it is pretty well understood there are restricted covenants in a gated community, therefore when one comes to erecting something unorthodox it would provoke some thought and research to see if it is allowed. In response to Mayor Coy who asked Mr. Rusnack when the HOA was turned over, he responded the HOA is still. under control by the developer and he has been appointed by the developer as the HOA president. He explained when plans come before HOA someone has to look at them and that there is an architectural review committee. He said the home plan was approved by the HOA and he could not recall whether the pool was submitted. Mayor Coy said that is why pool companies are recommended because they are already approved. He said the pools sometimes include an enclosure and sometimes do not, and that he had never reviewed this structure. The City Attorney cited a series of HOA letters in the agenda packet. Mr. Pa#emoster noted on page 3 of the packet, the HOA had informed the City that the deed restrictions require approval of the construction, so Mr. Romeo was advised that this was happening. Mr. Romeo said he never saw anything and as long as he used one of the pool companies recommended the plans were approved. He said he took what he thought were preapproved plans to a company not on the developer's list. Mayor Coy asked staff to show in the packet where the.enclosure is presented because she assumed it was a pitched roof and no one has put anything forward that the City saw the enclosure portion of the structure. Mayor Coy stated the plans we have do not have walls or windows. Mayor Coy said there is no malice here an anyone's part, and mast of the errors are not the City's part. She said the solution is in answer A and no matter what the Board does; Mr. Romeo still has to deal with the HOA so she supported recommendation A. She said she did drive out there and said it doesn't fit with the subdivision. Mr. Paternoster asked if this is granted, does it override the HOA. The City Attorney said it did nat, they could still deny the variance as it is a private contractual matter between two parties. Mr. Paternoster asked if the HOA easement that is being encroached also has to be taken up with the HOA and the City Attorney said yes it is also an issue. 6 Board of Adjustment Meeting August 13, 2008 Page Seven Mr. Neglia stated our concern is what staff recommends and let the HOA address the other concerns. Mayor Coy asked if the Board order could include a stipulation. MOTION by Mr. Wolff and SECOND Paternoster to deny the variance request as stated in option B, requiring the removal of a portion of the swimming pool deck, room addition and retaining wall in the setback. Roll call on the motion was as follows: Ayes: Neglia, Paternoster, Wolff Nays: Coy, Simchick Motion carried 3-2. 8. CHAIRMAN'S MATTERS -None 9. MEMBERS' MATTERS -None 10. STAFF MATTERS -None 11. Being na further business, Mayor Coy adjourned the Meeting at 7:12 p.m. Approved at the Sa!!y A. Meio, MMC, City Clerk Board of Adjustment hearing. 7 4 Ct1Y Of ~sfi° Growth Management Department Variance Application -Staff Report 1. Project Name: Morrison Garage 2. Requested Action: Variance requested from Section 54-2-5.6(d)(5) to allow an accessory structure (garage) to be located 1.4 feet from the rear property line, whereas the code requires such structure to be 10 feet from the rear property line. Also, variance requested from Section 54-2-7.5(c)(6} to allow the garage to exceed the size limitation by 189 square feet. 3. Project Location a. Address: b. Legal: 4. Project Owner: 5. Project Engineer: 6. Project Surveyor: 7. Project Description: 1040 Louisiana Avenue Metes and bounds, as described on the attached survey. Sam and Gaye Morrison 1040 Louisiana Avenue Sebastian, FL 32958 N/A William Hayhurst Hayhurst Land Surveying, Inc. 445 9`~ Street SW, Unit 7 Vero Beach, FL 32962 a. Narrative of proposed action: Mr. Morrison has applied for anafter-the-fact building permit for an aluminum garage on a concrete slab located at 1040 Louisiana Avenue. The application cannot be approved because the rear setback is 1.4 feet from the rear property line and the code requires a minimum 10-foot setback. Also, accessory structures are limited in size to no more than 5% of the lot, which in this case is 405 SF. The structure is 594 SF, exceeding the limit by 189 SF. r b. Current Zoning: 1N (Industrial) c. Adjacent Properties: Zoning Current Land Future Land Use Use North: IN residence 1ND East: CR retail RMU South: IN vacant IND West: RM-8 residence MDR d. Site Characteristics (1) Total Acreage: .185 acres (2) Current Land Use(s): residential (3) Water Service: public (4) Sanitary Sewer Service: septic system 8. Staff Comments: In 2002 Mr. Morrison pulled a building permit fora 190 square foot canvas carport. Apparently a replacement garage was later constructed without permits. In 2006 an application was made for a metal shed (noted on the application as after-the-fact). The application could not be issued for various zoning and building issues, as noted on the attached permit tracking report. Regarding the zoning issues, Mr. Morrison felt that there should be no rear setback required because his property abuts the railroad right-of--way. At Mr. Morrison's request, staff asked the City Attorney to review Mr. Morrison's information regarding the setback situation. In the attached memo from Rich Stringer, City Attorney, dated May 27, 2008, it was opined that setbacks are measured from the boundary of the right-of--way for roads and there is no legal distinction between the right-of--way for roadways and for rail in that regard. Mr. Morrison has now applied for a variance to resolve the rear setback encroachment. Staff recommends approval of the request fora 1.4 foot rear setback. The property abuts a 100-foot railroad right-of--way, and should have no adverse impact on the area. The size of the building will also require a variance. By code, the property is limited to 5% of lot size. The lot is 8102 SF x 5%, which will allow 405 SF of accessory structures. The garage in question is 594 SF, exceeding the maximum allowed by 189 SF. Staff also recommends approval of this variance request. Even though the use of the property is residential, the zoning is industrial. If the use of the property were to be changed to an 2 office, retail sales, or some industrial activity, the size of this building would not be an issue. BOARD CRITERIA FOR DETERMINING VARIANCES (Section 54-1-2.5): In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must find the following: a. Existence of special conditions or circumstances. b. Conditions not created by applicant. c. Special privileges not conferred. d. Hardship conditions exist. e. Only the minimum variance granted. f. Not injurious to public welfare or intent of ordinance. g. Conditions and safeguards may be imposed. h. Time limit may be imposed. i. No use variance permitted in specified instances. Please reference Section 54-1-2.5 of the Land Development Code for further explanation and clarification of the conditions as set forth above. Staff Recommendation: Staff recommends approval of the reduction of the rear setback to 1.4 feet. Staff also recommends approval of the size of the garage (594 SF) that exceeds the 5% limit by 189 SF. Commission Action: Hold quasi judicial hearing to consider the request for each variance. Pr ar d by Jan ' Growth Managem Department ~Z-S'-Og Date 3 crrY of ~~ ~T N_~ _. ' ~ , HOME OF PELICAN ISLAND To: Jan King, Growt anagement From: Rich Stringer Date: May 27, 2008 Re: Setbacks; Railroad ROW You have received an inquiry as to whether the boundary of a railroad right-of--way should be used to establish setbacks for an adjoining property. The basis for the question is a line of cases from other states involving reverter rights to rail right-of--way. The position being proffered is that, since the adjoining landowner has an "ownership" interest in the railroad land, shouldn't the City establish setbacks from the boundary of this "owned" land, in other words, from the centerline of the railway. The cases provided all deal with a transfer of rail right-of--way for anon-transportation use. A right-of--way that has been acquired by either dedication or eminent domain will, upon abandonment for transportation purposes, typically revert back to the successor-in-interest to the original source of the land. If the right-of--way originated from a source common to the parcels adjoining on each side, then the right-of--way would be evenly divided upon abandonment. However, if it were dedicated along the edge of a plat, then all the land would only revert to the adjoining parcel that derived from that plat. However, these rules do not apply to land that has been purchased outright in fee simple. Although I do not know the history behind the FEC acquisition of right-of--way in this location, much of the FEC right-of--way in Florida was in fact purchased outright, and I know they held complete title to the lands at the intersection of Main Street. Beyond the question of whether the rulings in the cited cases apply, the issue is otherwise determined by Florida land law regarding rights-of--way. While there has been some discomfort in describing the exact nature of the interest held under aright-of--way, Florida courts have clearly determined that it is more than an easement, notwithstanding the vernacular use of the phrase "easement" in discussing rights-of--way. For this reason, setbacks are measured from the boundary of the right-of--way for roads, and there is no legal distinction between the right-of--way for roadways and for rail in these regards. 4 Permit Application No. ~~~ City of Sebastian ~~;F,.,~ Devetonment order Annlicatien A licant if not owner written authorization notarized from owner is re aired Name: ~ - Address:~~~?G ~c~tJ~f/~~ l~~ /~~i/ .`..~L~~.S ~~ --.~. ~Gr~ ' c~'~l~l~~ a Z~~'7~ Phone Number: (~ 7~) - ~~~~ tuber: ((~/fir) Z'7 ~ ~ J~'~ ~- U5~ E-Mail: ; ~7i ~/~ ~ ~~m~~ Owner ff different from a licant Name: Address: Phone Number. ( } - FAX Number: ( ) - E-Mail: Title of permit or action requested: ~~~ - ~--7 PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMI7 OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY 11" GOPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (ff applicable): B. Site Information Address: ~ ~ U ~~ ~-0 ~~ s , ~'2 /~~ ~ /~- Lot: Biodc: Unit: Subdivision: Indian River County Parcel #: ~ 1 ~y~~~ a~~~~ ~~~~ ~~a~. Zoning Classification: 1 / Future Land Use: Fisting Use: ~ ~ / Proposed Use: _~ C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets ff necessary): DAVE RECEIVED:.,~,I I~YI Og EEE RAID: $ ~? U • OC7 RECEIVED BY: L- ~ D G~% #~ / Zz Z '~~ ermit Application No. D. Pro ect Personnel: A ent: Name: Address Phone Number: ( ) - FAX Number. ( ) - E-Mail: Attorne : Name: Address Phone Number: ( ) FAX Number. ( ) - E-Mail: En ineer• Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Surve ar• Name: G. h t~r,y~ ~ ~oL ~t,~ r V ~ '~ ) n L . Address q /~ ~S / ~ c5 '}". J • W - h ~ `~ Phone Number: ( ) FAX Number. ( ) - V erro ~ea-~h L. 3 Z `l (o Z E-Mail: I, S G ~ F, ' • ' U rr ~ Su r gE1NC FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER ,~, 1 AM THE LEGAL REPRES NTATIVE OF THE OWNER OK THE PROPERTY DESCRIBED WHiCM IS THE SUBJECT MATTER OF THIS AP T L T INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE A CURATE AN R O ST OF MY KNOWLEDGE AND BELIEF. ,~ '~ /~ D~ SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE M NOTARY~S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: ~ wwofnfownfufwunfawff.ffwnwfew ~ KAREN T. PARI+C • ~~ s er»rzo~a ~ Florida Notar Asen Inc e y ., Raenenonfnnawneouuefueeeoeunu~ WHO IS PERSONALLY KNO TO ME OR PRODUCED.,J= - ~ •a AS IDENTIFICATION, THIS L~ DAY OF ~,,,~,, 20 ` EB Permit Application No. :ms HOME Of PELICA;i KUiTvi~ Supplemental lnforma#ion Application to the Board of Adjustment ~„_,1. This application is for a (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 shee#s if necessary): __ 3. legal description of the property involved: ~~ n r-7","tJ/T ~ ~ ~- N a~ 1~1I i l74 /!') Ga i//4~ L.O ~ ~ rails/ ~~ t ]~ ~-`/T~9 ~~ ~~ sE~ ~o W/"~~~.s' 3~~ 9~~ L~I~~IC' ~ ~.OU(S r c7~1~~, ~l~~rcj-- I..t) ~ j` (!~~ ~ ~ ~ ~A ST ~©2St 1~~ ~ ~ ~~ ~. 4. Attach the following: ~~ a. Boundary survey of the property executed by a Florida Registered Surveyor. The survey shall shave 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. ~~~~ ~'" j2 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. ___r. 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 parcel of land that is subject of the application. ~~- TO WHOM IT MAY CONCERN: Re: Variance at 1040 Louisiana. Av. Garage To begin the garage the survey showed a 16 foot encroachment of the City storage lot into our property. The City rectified the encroachment with a "swap" We had a pattern between the two city owned CBS buildings on either side: The Sign shop to the North and the Storage shed to the South. (now replaced by the big gully). See the map attached. The location of our building matched those and should be secure. It would be natural to believe the two city buildings would meet any requirements we had to meet. Later, we found out that our Surveyor would have approved a drawing of our position anyway, having no idea that Sebastian had a setback at railroad right of ways since Indian River County nor any other municipalities he knew of had one, including Vero Beach. To boot, ours is industrial property! (You should have a copy of a letter from Hayhurst). How, at that time, could we have done any different? These buildings are there, in front of everyone's eyes. These are City buildings, how could they be wrong? It really wasn't anything on which to reason. We have been in Sebastian 25 years. We have never even had a traffic ticket in all those years. When the new road came through we had to put up with a 40 foot pile of sand piled up against the building In question. We had sand in it; in our cars and our house. They broke up the parking concrete as they worked big machinery in our yard for over a year. We had to replace it at our expense. ($2500.) We live in a little old 100+ year old "Shack down by the Rail Road Track" and now, added to that is a 180 food long, 20 food deep gully up against it. I have planted shrubs, but how can you hide an ugly thing that big? The house was moved from Fellsmere after the twenties flood. We have 22 trains aday-night in our back yard. We have had, and now have enough anxiety for a lifetime with this suspense. Won't you please Permit a Variance? We grew up together. We are 80. We promise never to build anything else our few remaining years. The City buildings have never caused any harm in there place. Ours won't either. Sincerely, Y,~ y~ r Sam & Gaye S Morrison 1040 Louisiana Av. 11/15/08 ~p \ ~ tc.. t ~ Un ~J G G.1~- ~ rt q Run: 12/05/08 10:13AM CITY OF SEBASTIAN, FLORIDA CC Page: 1 Building Permit Applications Application Number 60002337 Number Opened Closed Description 60002337 8/10/06 INSTALLED 18' X 31' SHED (ATF) Approved Notes: Date In Date Due Date Out By Status Review Type: ZONING REVIEW Dept: BUILDING 10/07/08 1 /29/07 wayne DENIED ATF permit for exisiting shed constructed 2 years prior. Does not meet rear setback requirement and size is over 5% limit. db Jan his holding file. 10/7/08 we Review Type: BUILDING REVIEW Dept: BUILDING 3/28/07 4/02/07 3/28/07 wayne DENIED 3/28/07 we Sealed plans for shed structure meets code requirements for wind loading. Need to submit product approval for over-head door that was installed in shed structure. Plans also do not indicate that there was a poured concrete slab inside this building, that is known to exist when original violation was posted on property. Also see Zoning comments. It appears from an on-site investigation that this structure is +/- 12 in. from rear property line. Non-conforming shed needs to be made code compliant or be removed from property. we Review Type: PRODUCT APPROVAL Dept: BUILDING 3/28/07 DENIED Need product approval for overhead door. Review Type: CONTRACTOR LICENSING Dept: CONTRACTOR LICENSING 8/10/06 8/13/06 8/10/06 TIM APPROVED t an of ~~~ 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 ~ -- () ~3 ~ ~ ~ TRACKING # 0C7C~ ~' ,3 3 ~ DATE: ~j - ~~ ~j INDIAN RIVER COUNTY PARCEL ID # RECEIVED BY:~ i-~-~ LOT: BLOCK: SUBDIVISION:a~jb(/~/Z/IJMrE'iC/~OOD ZONE: TYPE OF WORK: NEW 0 ADDITION 0 ALTERATION ~ REPAIR ~ DEMOLITION 0 WORK INCLUDES: STRUCTURAL ~ ELECTRICAL ~ PLUMBING ~ MECHANICAL ~ ROOFING ~ OTHER i WORK DESCRIPTION: ESTIMATED JOB VALUE: $ ~~h~ / TOTAL S/F UNDER AIR JOB NAME: ~~~-i97 ~ 0 ~~Cl/~I~_( rS[??~ JOB ADDRESS: ~ LJ ~z~ ,~ ~1 r° ~ ~7/I ,~ ,~~ PROPERTY OWNER'S NAME: ~-}-GVI ~2 d~ (-~~~~~L~~PHONE: ~~~ ~ ~~ ~.`J ~~ A1~1lRF.CS- CITY/STATE: CONTRACTOR: ~ U ADDRESS: CITY/STATE: ARCHITECT/ENGINEER: ADDRESS: ~GU~~yr- ZIP CODE LICENSE #: PHONE: ZIP CODE PHONE: CITY/STATE: ZIP CODE: PRESENT USE: PROPOSED USE: OCCUPANT LOAD: NUMBER OF: STORIES ~ BAYS ~ UNITS ~ BEDROOMS 0 HEIGHT TYPE OF CONSTRUCTION: OCCUPANCY TYPE: AREA IS THE BUILDING PRESENTLY EQUIPPED WITH AN AUTOMATIC FIRE SPRITIKLER SYSTEM? 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