HomeMy WebLinkAbout03-11-2009 BOA Agenda1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32458
TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248
AGENDA
BOARD OF ADJUSTMENT
WEDNESDAY, MARCH 11, 2009
6:00 P.M.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. ANNOUNCEMENTS:
5. APPROVAL OF MINUTES: Regular meeting 12-10-08
6. OLD BUSINESS:
7. NEW BUSINESS:
A. QUASI-JUDICIAL PUBLIC HEARING:
STEVEN SANDERS, IN REGARDS TO 1017 FOSTER ROAD, IS
REQUESTING A VARIANCE TO ALLOW A ROOM ADDITION TO BE 8
FEET FROM THE FRONT PROPERTY LINE AND 8.7 FEET FROM THE
SIDE PROPERTY LINE, WHEREAS THE CODE REQUIRES A FRONT
YARD SETBACK OF 25 FEET AND A SIDE YARD SETBACK OF 10 FEET.
8. CHAIItMAN'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.
ana~~~
I- RAN\
HOME OF PELICAN ISLAND
BOARD OF ADJUSTMENT
MINUTES
WEDNESDAY, DECEMBER 10, 2008 - 6:00 P.M.
1225 Main Street, Sebastian, FL
The Mayor called the meeting to order at 6:00 p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL
City Council Present:
Mayor Richard H. Gillmor
Vice-Mayor Jim Hill
Council Member Andrea Coy
Council Member Dale Simchick
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
Police Chief, Jim Davis
Deputy Police Chief, Michelle Morris
MIS Systems Analyst, Rob Messersmith
MIS Senior Systems Analyst, Barbara Brooke-Reese
4. ANNOUNCEMENTS -none.
5. APPROVAL OF MINUTES: 8/13/08 meeting
MOTION by Ms. Simchick and SECOND by Ms. Coy to approve the August 13, 2008
minutes passed with a voice vote of 5-0.
6. OLD BUSINESS -none.
7. NEW BUSINESS:
A. QUASI-JUDICIAL 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.
Board of Adjustment Meeting
December 10, 2008
Page Two
There was no ex parte communications to disclose by Council.
The Mayor read the case title.
The City Clerk swore in all who would offer testimony.
Mr. Morrison, applicant, respectfully requested approval and explained how he
determined his setback.
The Growth Management Manager explained there was a permit issued for a
canvas carport which was destroyed by hurricanes and replaced by a metal
shed at a different location. She said Mr. Morrison was advised that he would
have to obtain a new after-the-fact permit. She continued to explain that during
the permit process, the applicant asked if there should be a setback from the
railroad to which the City Attorney advised it would be the same as a roadway
and in order to rectify the situation Mr. Morrison would need a variance from
two sections of the code.
She described his unique circumstances which include the land is zoned
industrial which affects the residential setback, and it does abut a railroad
which will not impact any neighbors.
Damien Gilliams, 1623 US Highway 1, said he owned property on Louisiana
Avenue and did not have a problem with Mr. Morrison's request.
There were no speakers against the request.
The Growth Management Manager said staff recommendation is to approve
the variance with the rear setback reduced to 1.4 feet, and the total size of the
garage to be 594 square feet.
Mr. Hill asked what the difference was between this request and the August
Board of Adjustment request that was denied.
The City Manager explained this request is a true hardship being a residence in
an jndustrial zone, against the railroad and existing for some time which was
not the same circumstances for the August request.
Mr. Hill asked the City Manager if in his opinion, the Board could approve this
request and maintain a level of consistency. The City Manager said he felt
they could.
Ms. Coy said she was prepared to support the request.
2
Board of Adjustment Meeting
December 10, 2008
Page Three
MOTION by Ms. Coy and SECOND by Mr. Hill to approve the request in
regards to 1040 Louisiana Avenue a request to allow a variance of an
accessory structure (garage) to be 1.4 feel from the rear property line, whereas
the code requires such structure to be ten feet from the rear property line, also
the size of the garage exceeds the allowable 5% by 189 square feet.
VOICE VOTE on the motion carried 5-0.
8. CHAIRMAN'S MATTERS -none.
9. MEMBERS' MATTERS -none.
10. STAFF MATTERS -none.
11. Being no further business, the Mayor adjourned the Board of Adjustment meeting at 6:17 p.m.
Approved at the
Richani H. Gillmor, Mayor
ATTEST.'
Sally A. Maio, MMC -City Clerk
Board of Adjustment meeting.
3
ti
Growth Management Department
Variance Application -Staff Report
1. Project Name: Sanders Residential Addition
2. Requested Action: Variance requested from Section 54-2-5.2.4(d)(5) to allow a room
addition to be located 8 feet from the front property line and 8.7 feet from the side
property line, whereas the code requires a front yard setback of 25 feet and a side yard
setback of 10 feet.
3. Project Location
a. Address:
b. Legal:
4. Project Owner:
5. Project Engineer:
1017 Foster Road
Metes and bounds, as described on the attached survey.
Steven Sanders
1017 Foster Road
Sebastian, FL 32958
N/A
6. Project Surveyor: Joseph A. Polkowski
First Financial Surveyors, Inc.
7700 North Kendall Drive, Suite 409
Miami, FL 33156
Phone 800-227-2860
7. Project Description:
a. Narrative of proposed action: Steven Sanders has applied for a building permit
to construct a room addition to the front of his home at 1017 Foster Road. The
application cannot be approved unless a variance is granted, because the proposed
addition will be 8 feet from the front property line and 8.7 feet from the side
property line, and the code requires a minimum 25 feet front yard setback and 10
feet side yard setback.
b. Current Zoning: RM-8 (Residential Multiple Family)
c.
d.
Adjacent Properties:
Zoning Current Land Future Land
Use Use
North: RM-8 apartments MDR
East: RM-8 apartments MDR
South: RM-8 residence MDR
West: RM-8 residence MDR
Site Characteristics
(1) Total Acreage: .27 acres
(2) Current Land Use(s): residential
(3) Water Service: well
(4) Sanitary Sewer Service: septic system
8. Staff Comments:
Mr. Sanders has applied for a building permit to construct a room addition to the front of
his residence located at 1017 Foster Road. In the review process, staff realized that the
southern 36 feet shown on the attached survey did not belong to Mr. Sanders. Because
the existing structure is 23.5 feet from his front property line, and the code requires a 25-
foot setback, the application for the addition was denied, pending the variance.
After meeting with Mr. Sanders, staff did further research in the Building Department
and Property Appraiser records. The existing slab which is to be used for the proposed
addition is all that remains of a screen room which was permitted and constructed in
1991, and subsequently destroyed in the hurricanes of 2004. A hand-drawn plot plan was
submitted with that application indicating the home as 56 feet from Foster Road, with the
resulting setback for the screen enclosure to be 42 feet. Unfortunately, this information
was incorrect.
A review of the Property Appraiser tax maps shows Foster Road to have varying widths
from east to west. The road is not part of a platted subdivision. On the south side of
Foster Road, Campbell Estates dated 1956 is noted in the county records as an
"unrecorded" subdivision. The lots along the north side of Foster Road were not created
by a formal subdivision, and show a lack of consistency regarding Foster Road. The
aerial maps, however, indicate that the structures along the north side of Foster Road are
fairly consistent in their setback from the pavement, including the existing concrete slab
which is visible on the aerial.
2
Mr. Sanders wishes to build a structure that can better withstand a storm, and is now
proposing a concrete block addition. An additional 16 inches has been requested along
the front of the slab to provide the necessary concrete footing. If approved, the resulting
front building setback will be 8 feet. The resulting side setback will be 8.7 feet, the same
as the existing structure. It should also be noted that the proposed building addition
will still be approximately 42 feet from the edge of pavement.
9. Board Criteria for Determining Variances:
See attached analysis.
Staff Recommendation:
Staff recommends approval of the variance granting a reduction of the front setback to 8 feet and the
reduction of the side setback to 8.7 feet.
Board Action:
Hold quasi judicial hearing to consider the request for each variance.
epared by an 'ng
owth M ment Deparkment
3 -s-D9
Date
3
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 use the following criteria for approving or
denying a variance:
a. E~stence of special conditions or circumstances. That special conditions and
circumstances exist which are peculiar to the land, structure, or building involved and
which are not applicable to other lands, structures, or buildings in the same zoning
district.
Meets Standard Yes ~ No ^
Foster Road is not part of a platted subdivision. The subdivision
known as Campbell Estates (dated 1956) south of Foster Road
shows the road right-of--way as 50 feet. However, Campbell Estates
is an unrecorded subdivision and several of the parcels north of
Foster Road appear to overlap into the intended right-of--way. This
creates an irregular starting point for the measurement of the
required front setback. Even so, structures have been setback in a
relatively uniform configuration, as evidenced by the aerial. The
proposed reduction of the front setback remains consistent with the
other structures in this area. Regarding the side setback, the
proposed addition is in line with the existing structure and poses no
further setback encroachment.
b. Conditions not created by applicant. That the special conditions and
circumstances do not result from the actions of the applicant.
Meets Standard Yes C~' No ^
The original screen porch with concrete slab was constructed by a
former owner. The slab still remains.
c. Special privileses not conferred. That granting the variance requested will not
confer on the applicant any special privilege that is denied by this ordinance to other
lands, buildings, or structures in the same zoning district.
Meets Standard Yes C~ No ^
The right-of--way for Foster Road is irregular. However, the
structures on the north side of Foster Road are evenly setback from
the pavement. The proposed addition would remain fairly consistent
with the other structures north of Foster Road. The side setback
remains consistent with the existing structure.
d. Hardship conditions east. That literal interpretation of the provisions of the
ordinance would deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of the ordinance and would
create unnecessary and undue hardship on the applicant.
Meets Standard Yes f~ No ^
The septic tank and drainfield are located to the rear of the
residence, and the driveway is located on the east side. The only
remaining location for the addition is along the front of the residence
in the area of the existing concrete slab. The slab is all that remains
from a screen enclosure which was destroyed during the 2004
hurricanes.
e. Only the minimum variance granted. That the variance granted is the
minimum variance that will make possible the reasonable use of the land, building, or
structure.
Meets Standard Yes C-~ No ^
The construction of the addition proposes to utilize an existing
concrete slab from a former screen enclosure. Since the proposed
addition will be concrete block,. an additional 16 inches has been
requested along the front of the slab to provide the necessary
concrete footing. If approved as proposed, the resulting front
building setback will be 8 feet. The resulting side setback will be 8.7
feet, the same as the existing structure.
f. Not iniurious to public welfare or intent of ordinance. That the granting of the
variance will be in harmony with the general intent and purpose of the comprehensive
plan and this code, and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
Meets Standard Yes Cif No ^
With the proposed addition, the structure will be approximately 43
feet from the edge of pavement. Visually, this will be similar to other
existing structures in the area.
... 5
~. Conditions and safeguards may be imposed. In granting any variance, the
board of adjustment may prescribe appropriate conditions and safeguards in
conformity with chapter 163 F.S., the comprehensive plan, and any ordinance enacted
under its authority. Violation of such conditions and safeguards, when made a part of
the terms under which the variance is granted, shall be deemed a violation of the
ordinance.
Meets Standard Yes i~ No ^
No conditions have been proposed by staff.
h. Time limit may be imposed. The board of adjustment may prescribe a
reasonable time limit during which the applicant shall commence and/or complete the
subject actions and conditions approved by the board.
Meets Standard
Yes Ci~ No ^
The land development code states, "Variances shall become void if
not exercised within six months of the date granted, unless
specifically determined otherwise in writing by the board of
adjustment." Mr. Sanders has already applied for building permits,
which are on hold pending the outcome of this variance. Since the
applicant is prepared to move forward with the project, it does not
appear necessary to grant any additional time limits.
i. No use variance permitted in specified instances. Under no circumstances
shall the board of adjustment grant a variance to permit a use not generally
permitted in the zoning district involved or any use expressly or by implication
prohibited by the terms of the ordinance in the zoning district. No nonconforming
use of neighboring lands, structures, or buildings in the same zoning district and no
permitted use of lands, structures, or buildings in other zoning districts shall be
considered grounds for the authorization of a variance.
Meets Standard Yes ~~ No ^
The request is not ause-related variance.
. 6 ....
QIY6
City of Sebastian
.._ Development Order Annlication
Permit Application No.
A v licant y If not owner, written authorization notarized from owner is re uired
Name: ~ ~~
Address: O ~.
Phone Number: ( )
77 - FAX Number: ( ) - 2
38'8 ~ 3 ~ ~6 ~0~3v- 1 Cv~3 ~
E-Mail:
Owner If different from a licant
Name:
Address:
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
Title of permit or action requested:
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY. FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8-1/2" BY;11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project Name (if applicable):
B. Site Information
Address: ~ ' , ,~,o "~e
Lot: Block: Unit: Subdivision:
Indian River County Parcel #:
Zoning Classification: Future Land Use:
Existing Use: Proposed Use:
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary)'
DATE RECEIVED: ?! l ~ ~/ ~ ~ FEE PAID: $ ~~U '~ RECEIVED BY:
~'a#- Co 7c! S
Permit Application No.
D. Pro'ect Personnel:
A ent• e/
Name:
~ rs
Address ~,
r
~ S
Phone Number: (~ ) 3~ - ~ 31
L FAX Number: ( ) -
E-Mail:
Attorne
Name:
Address
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
En ineer:
Name: jy.
Jl S ~
Address
a a
-i
~'~
Phone Number: (T, )
~~~ -
~ FAX Number: ( ) -
E-Mail:
Name:
S
Address
~~ ~~~ ~
~ ~/
3 s6
Phone Number: ( )
~5 7 -
6 s FAX Number: ( ) -
~
E-Mail:
I, c~. ~~ y~ S'Lne~.C'i~(S ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER _ I
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACC AND TRU TO E BEST OF MY KNOWLEDGE AND BELIEF. J ~~ ~J
T'~-=''
SIGNATURE DATE
SWORN TO AND SUBSCRIBED BEFORE ME BY
WHO IS PERSONALLY KN9~111O ME OR PRQI
AS IDENTIFICATION, THIS
NOTARY~S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION NO./FJCPIRATION
SEAL:
o{~`Y'°~e~, Linda M. Lohsl.
;Commission # DD555~05
'"~ o~ Expires June 18, 2010
OF f?.~ Banded Troy Fain - Inauranee, Yro. 800-~BS70?9
Permit Application No.
The following is required for all comprehensive plan amendments, zoning amendments
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
I/WE, _ THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S~ OF THE PROPERTY DESCRIBED WHICH IS
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE
BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY/OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARDICOMMISSION_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 MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
P SES MAD Y Y EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
SIGNATURE DATE
Sworn to and subscribed before me by~~V
who is oersonall~c_known to me or tzfo}uc,~d _ _
as identification, this
Notary's Signature
Printed Name of Notary
Commission No./Expiration
Seal
n'~"£'Y pUe~i Linda M. L®hsi
:Commission # 017555905
`" o~' Expires June 18, 2010
9~ ~ t1.~ 8ondad Tmy Fain • ~nwrariee -Inc BOP395.7019
Permit Application No.
~,
FIOME OF L'ELKAN ISLAND
Supplemental Information
Application to the Board of Adjustment
1. This application is fora (check one): variance(s) appeal(s)
2. Specify all code provisions for which a variance is being requested or the
decision or decisions that you are appealing. (Attach extra sheets if
necessary):
_ 3. Legal description of the property involved:
4. Attach the following:
_ a. Boundary survey of the property executed by a Florida Registered
Surveyor. The survey shall show the dimensions of the lot or parcel at
issue, the location of all structures, if any, along with adjacent streets,
and all easements and right-of--ways.
_ b. Additional data and information as required to properly advise the Board
of the facts and circumstances needed to decide the case on its merits.
_ c. The names and addresses of all property owners whose property or part
of their real property is within 300 feet of any outer boundary of the lot
or arcel of land that is sub'ect of the a lication.
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31390600000500000008.0 SANDERS STEVEN G JANICE B 1017 FOSTER RD SEBASTIAN, FL 32958
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31390600000500000008.0 SANDERS STEVEN G JANICE B 1017 FOSTER RD SEBASTIAN, FL 32958
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