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HomeMy WebLinkAbout07-22-2009 BOA Agenda1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, JULY 22, 2009 5:30 P.M. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: ANNOUNCEMENTS: APPROVAL OF MINUTES: OLD BUSINESS: NEW BUSINESS: Regular meeting 5-13-2009 A. QUASI-JUDICLAL PUBLIC HEARING: SEBASTIAN CHARTER JUNIOR HIGH SCHOOL, IN REGARDS TO PROPERTY LOCATED AT 782 WAVE STREET, HAS REQUESTED A VARIANCE FROM A SCHOOL CONDITIONAL USE REQUIREMENT THAT ANY MAIN OR ACCESSORY BUILDING BE LOCATED AT LEAST 100 FEET FROM ANY PROPERTY LINE. PROPOSED SETBACKS ARE 10 FEET FROM THE NORTH (SIDE), 25 FEET FROM THE WEST (REAR) AND 50 FEET FROM THE SOUTH (SIDE) PROPERTY LINES. B. QUASI-JUDICIAL PUBLIC HEARING: DR. HADI SHALHOUB, IN REGARDS TO PROPERTY LOCATED AT 13100 U.S. 1, HAS REQUESTED A VARIANCE TO ALLOW A STRUCTURE TO BE 15 FEET FROM THE REAR PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE A MINIMUM OF 30 FEET FROM THE REAR PROPERTY LINE WHEN ABUTTING A RESIDENTIAL DISTRICT OR USE. CHAIRMAN'S MATTERS: MEMBERS' MATTERS: STAFF MATTERS: 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. ~~ ~I ----- -- HOME OF PELICAN ISLAND MINUTES BOARD OF ADJUSTMENT REGULAR MEETING WEDNESDAY, MAY 13, 2009, 6:00 P.M. The Chairman 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 Dale Simchick Council Member Eugene Wolff City Council Absent Council Member Andrea Coy (Excused) Staff Present: City Manager, AI Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Airport Director, Joseph Griffin Growth Management Director, Rebecca Grohall Zoning Tech, Dorri Bosworth 4. ANNOUNCEMENTS -none. 5. APPROVAL OF MINUTES: MOTION by Ms. Simchick and SECOND by Mr. Hill to approve the minutes of the March 11, 2009 meeting passed with a voice vote of 4-0. (Coy absent) 6. OLD BUSINESS -none. 7. NEW BUSINESS: A. QUASI-JUDICIAL PUBLIC HEARING: GLADYS AND INEZ ACCORNERO, IN REGARDS TO LOT 1, BLOCK 409, SEBASTIAN HIGHLANDS UNIT 9 LOCATED AT 302 MANLY AVENUE, ARE REQUESTING A VARIANCE TO ALLOW A RESIDENTIAL STRUCTURE TO BE 7.9 FEET FROM THE REAR PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE TWENTY FEET FROM THE REAR PROPERTY LINE. Board of Adjustment May 13, 2009 Page Two The Mayor opened the hearing at 6:02 p.m. and asked members if there was ex-parte communication to disclose. There was none. The City Attorney read the applicant's request and the City Clerk swore in all who were to give testimony. Ronnie Pruess, Realtor, representing the applicants, stated there was a contract for sale on the property but the title was not clear because of the encroachment. The Growth Management Director said the structure, built in 1961, along with a shed were encroaching into the easement and the correct way to cure the encroachment is to grant the variance and have the applicant pull a permit to remove the shed. In response to Mr. Wolff, the Growth Management Director said the shed was to be relocated to a different location. The Growth Management Director said although she was not a title insurance specialist, she thought if the homeowner received the variance, had the easement abandoned, and relocated the shed she thought the title company would issue the insurance. Mr. Hill asked if this was the first sale of the property or if it had been sold previously with this encroachment. The Growth Management Director said the property was sold before but title companies are trying to do more due diligence with the real estate market slow down. Ms. Pruess noted that title insurance was previously issued with the stipulation that if there is future difficulty, there really isn't clear title. Mr. Hill asked if a future structure could be built into the setback. The Zoning Technician said the variance would only apply to the existing house. The City Attorney pointed out the house footprint is on an angle and one corner is protruding into the setback and that is what the variance is for and any other modification to the house will have to be legally permitted. Ms. Simchick asked if the variance would still go into effect if the applicant did not remove the shed. The Zoning Technician said the shed is a removable structure that can be cited by Code Enforcement if it is not moved and this enforcement can carry onto the new home owner. The City Attorney said the new owner is required to be notified. Mr. Wolff asked the City Attorney if the lot enlargement will affect the tax assessment roll. The City Attorney did not know if the tax assessor would be concerned given the lack of interest until now. The City Attorney noted the authorization given to Ms. Pruess to act on behalf of the applicants is opposite to the intent of the written variance request and he would accept it as written. Damien Gilliams read the eight criteria that provide for a variance in the code. He said he hoped the Board would approve the variance. 2 Board of Adjustment May 13, 2009 Page Three MOTION by Mr. Hill and SECOND by Mr. Wolff to approve an existing residential structure to be 7.9 feet from the rear property line, whereas the code requires such structure to be twenty feet from the rear property line. 8. CHAIRMAN'S MATTERS -none. 9. MEMBERS' MATTERS -none. 10. STAFF MATTERS -none. 11. Being no further business, Chairman Gillmor adjourned the Board of Adjustment meeting at 6:17 p.m. Approved at the Board of Adjustment meeting. Richard H. Gillmor, Chairman ATTEST.' Sally A. Maio, MMC -City Clerk 1 CITY OF S~ ~..__ -- HOME OF PELICAN ISLAND GROWTH MANAGEMENT DEPARTMENT 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, JULY 22, 2009, 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- 6.4(39)(b)3 OF THE SEBASTIAN LAND DEVELOPMENT CODE. SEBASTIAN CHARTER JUNIOR HIGH SCHOOL, IN REGARDS TO PROPERTY LOCATED AT 782 WAVE STREET, HAS REQUESTED A VARIANCE FROM A SCHOOL CONDITIONAL USE REQUIREMENT THAT ANY MAIN OR ACCESSORY BUILDING BE LOCATED AT LEAST I00 FEET FROM ANY PROPERTY LINE. PROPOSED SETBACKS ARE IO FEET FROM THE NORTH (SIDE), 25 FEET FROM THE WEST (REAR) AND 50 FEET FROM THE SOUTH (SIDE) PROPERTY LINES. RICHARD GILLMOR, 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 July 7, 2009 ~s 5 City of Sebastian Development Order Application Permit Application No. A licant If not owner, written authorization notarized from owner is re uired Name: ~~ N U V /~ R G b-1- t T'E G'~'~ ~ ~ A . Address: .Lc~ -1 5 T IN E tJ T' l C T' F4 ST(~,EE1' ~/E~U ~EA{,l-l I FL. 32q 60 Phone Number: (1~~) ~g ~ - (p 5 6 5 FAX Number: (~11,) 2clc[ !05 ~ $ E-Mall. banovar~h @ betlsout-h. he,t Owner If different from a licant Name: JU I~f lv(Z, i-1'LC.~N ~G(+ooL SEbAST' I~IJ C4kA~IZTEfR Address: ~ $ 2 ~ ~ ~ G S-I-1Q,~,r/ "[- SE P.~/~ 57' L a c•! ~ 'F L 3 2`15 $ Phone Number: (,,.~~,L) ~ 8S - S g 3 8 FAX Number: (-112) 3 S8 ~ 8 l5 E-Mail: a--E-av IpY' @ S CJ ('1 O Y'~ Title of permit or action requested: vA~ct ~~~ c,E 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): ,5 E ~A~T l.~N C E-l~A-tR.T~l2 JUr.J t Q(Z ~I.~L~- SL(-F~Oc B. Site Information Address: -~ aZ w4V'~ EL 32`i5~ ~-~-REE-r SEI3~STl/~.-t~l ~ Lot: ~ Block: Unit: Subdivision: GFf~ES~EIg '.5 eaP sul3. Pr~~s~ ~, Indian River County Parcel #: 3 ~ 3 $ ~ 3 ODOO $ OOO~ X000 3 D Zoning Classification: P~to-C Future Land Use: Existing Use: 5G~{O~L_ Proposed Use: SGt~oDL C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): yAr~, t,a rJ c~E sE.E ar-rra~~t~ ~t,ivrJ T L DATE RECEIVED: CD/ 3 /~ FEE PAID: $ ~O .L~ RECEIVED BY: ~-~ So91 Permit Application No. D. Pro'ect Personnel: A ent: Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Attorne Name: G . RUSSELL '~~-T~t~.SEN Address 21 ~.v~~L P/~--LN1 1~O t^f T-E SU l'rE Z-oU ~/EI~.v $C/-~G}4 FL 3~-a6 Phone Number:(-l~2) -~qc{.- SOS FAX Number. (772)-~c~t.~- 1508 E-Mail: t"t~1S5e1~ Pe~2.tf',Se~l ~ V~tlrl.dSPrt'I;1~ . GoM En ineer: Name: M ~ v Ef.J6lN~El2 IIJC-~ ~ ~t~(G (AA-Rvn( ~O WLCS~ Address 2y 55 ~~.,~ rl+ /~V~N UG VERO ~r.A~-GN ~ ~L, 32~ 60 3 5 FA.X Number: Phone Number: (~-~~) 5 6 q - DD (1~.L) -~-~ $ 36 I ? ll E-Mail: a~ ~.. pn ~ ~ /'rl D V es'19. C~ m Surve or: Name: Address . Phone Number: ( } - FAX Number: ( ) - E-Mail: I, 1`~~~12.~ ~~,(~(U(l ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER / 1 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 A ND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. Co.~,~ SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY / " ~~~ ~jO °/ ~ WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS _~ DAY OF ~ wi/ °~- , 20~. NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION SEAL: R. S. TAYLOR MY COMMISSION N DD 880491 EXPIRES: April 19, 2013 Bonded Thru Notary Pubfic Undernriters Permit Application No. nn ~t ~~ HOME OF PEIJ[AN IiUND Supplemental Information Application to the Board of Adjustment _ 1. This application is fora (check one): / variance(s) appeal(s) _ 2. Specify all code provisions for which a variance is being requested or the decision or decisions that you are appealing. (Attach extra sheets if necessary): X12-TLGLE LL. ~ StG• 5~{-- 2' ~p o `f C39) 6,3 5~"T-6A~GKS FOR s Ghat. (~SE~ ~~E l5.TTA~L 4r{-F~ 3. Legal description of the property involved: ~!-~ESSE12'S ~ArP ~.16A1y I S(oN P~,4-5E IT' L..oT 3 _ 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. Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, _ THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S~ OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIV AND NSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMIS S ~E` B Y EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. V ~~J SIGNA RE ~ / DAT Sworn to and subscribed before me by ~-C /~~( .y ~ ~'L°~~l who is~ersonally known to me or produ~ as identification, this _~ day of ~J/ti/"~- , 20 ~ ~. ~..,,~rp,,y, Notary's Signature ~ ~ •~' ~. R. S. TAYLOR *= MY COMMISSION # DD 880491 Printed Name of Notary / _ `,;~,,.,~A;~ EXPIRES:Apd11g,2013 Commission No./Expiration i~~,_r,_t;,•'' BondedTnruNotarypoylicunden~~tters Seal: t 782 Wave Street Sebastian, FL 32958 (772)388-8838 (Fax)772-388-8815 www.scjh.org Sebastian Charter Junior High June 3, 2009 City of Sebastian 1201 Main Street Sebastian, Florida 32958 To Whom It May Concern: Please allow this letter to serve as notification that Banov Architects, P.A. is herewith authorized to act on behalf of Sebastian Charter Junior High as Applicant with respect to the attached zoning variance request. Jo Rivera President Board of Directors Sebastian Charter Junior High i Sworn to and subscribed before me by ~/o~r/ ~/~i2~ who is perso 1 known to me or produced as identification, this day of )Gr.~i° , 2009 ~ Notary's signature Printed name of notary Commission No./ Expiration Seal ~Y pU~.•• ~J~1-••••~. R. S. TAYLOR ~~-+;si~ MY COMMISSION#DD880491 1;; ~;; ~ ~a EXPIRES: April 19, 2013 ~' ~ '';; pc ~~Q^ Bonded ThN Notary Publk Underwriters A CHARTER SCHOOL FOR MIDDLE SCHOOL STUDENTS An equal opportunity educator and employer Attachment Application for Variance from City of Sebastian Board of Adjustment For Sebastian Charter Junior High School 782 Wave Street Sebastian, Florida Background. Sebastian Charter Junior High School began in 2000 and offers 6tn, 7cn and 8cn grades. It has provided an excellent charter school option for students. Sebastian Charter Junior High School is the only middle school in the county that has achieved "Annual Yearly Progress" as measured by the state of Florida department of education requirements. It is an A-rated school. History. The property on Wave Street was purchased in 2000, which is located in the Chesser Gap Commercial Planned Unit Development. Because public and private schools require Conditional Use within the following zoning districts: RE-40, RS-20, RS-10, RM-8, PUD-C and PS, the school applied for and obtained a "Conditional Use" permit from the City of Sebastian in 2000. Because schools are a Conditional Use, they are subject to additional conditions. One such condition in the code is that "no main or accessory building should be located within 100' of any property line." It is relief from this condition that is sought by this application. The existing school facility is made up ofpre-manufactured building units; it was built in two phases on the site and occupies the entire building envelope allowed within the 100' setbacks as described in the City of Sebastian code. The school's site plan was approved with its current structure for up to 240 students, with 24 required parking spaces. The modular buildings are in their tenth year of operation and are showing the wear of age and use. They are maintained in good, safe condition, even withstanding several storms and hurricanes. However, they are reaching the end of their usable life. In 2008, the School District of Indian River County, in cooperation with several Charter Schools, commissioned an independent Needs Assessment Report. It was performed by a team of consultants-architects, engineers and educational planners-headed by Song & Associates, Inc. The purpose of the project was to provide architectural evaluation services to assess their capital needs to fund repair or replacement of current facilities. The Song Report recommended the replacement of the existing structure because modular facilities do not provide the most educationally adequate space. Educational adequacy can be improved with a permanent facility. Specific conditions that should be upgraded include: Administration and faculty support spaces; Widen hallways; Inadequate classroom sizes (current classrooms should be 200-300 sf larger); Enlarge the multipurpose cafeteria; Provide designated, size-appropriate spaces for media center, computer lab, science lab, music and art spaces; Add storage space; Provide more natural day-lighting. Design Intent Based on the aging facility and the recommendations of the Song report, the Sebastian Charter Junior High School is endeavoring to replace its facility with a new structure. To replace the school as needed at its current location and within the current setback requirements requires a three-story structure. In addition, the school would need to relocate operations during that time. By granting of the variance, the school will be able to remain in operation during construction and construct a single story structure to meet its needs. Within reasonable setbacks, the site plan can be designed to locate the school building near the north property line, adjacent to neighboring commercial property. This provides area on the south side of the property (near the neighboring residential properties) for open space and play area. The school needs a variance from the side and rear building setbacks to accomplish this. Required Setbacks Setbacks for commercial uses in the Chesser Gap PUD are 5' for side yards (except 30' when abutting residential district) and 10' for rear yards (except 30' when abutting a residential district). There is a 50' buffer zone along the south property line of the PUD. This occurs on the south side of the subject property. The south property line is adjacent to a 50' right-of- way for the Collier Waterway. The PUD buffer, together with the waterway right of way, provides a total of 100' buffer to the adjacent residential properties. However, setbacks required for schools are shown in the code's Conditional Use section, which states "no main or accessory building should be located within of 100 feet of any property line." Requested Setback Variance The Sebastian Charter Junior High School is requesting that the setbacks be reduced to 10' on the north side yard, 50' on the south side yard and 25' on the rear yard. This request is based on the setbacks for "Public Service" zoning district, which are 10' for side yards and 25' for rear yards. Commercial zoning setbacks are less restrictive, but Public Service zoning is a more comparable zoning for school uses. The accompanying drawings show the proposed site plan with these setbacks. The proposed development plan for the replacement of the Sebastian Charter Junior High School is as follows: 1. Anew administration and classroom wing will be constructed on the north side of the existing school, allowing the school to operate during construction. The parking lot shall be reconfigured to address site circulation needs and replace parking spaces being lost in the area of new building. 2. Upon completion of the classroom and administration wing, the school will relocate to the new building, and the eastern part of the existing school will be demolished. The westernmost section of the modular facility that houses the cafeteria will remain in use during the construction of a new cafeteria, drop off parking and covered entry area. 3. Upon completion of the new cafeteria, the rest of the modular units will be removed and that area will be courtyard and outdoor areas for the school. The completed campus will be an educationally appropriate, permanent building. Variance Criteria Criteria for determining variances as per the City of Sebastian code are as follows with the school's response for each item. a. Existence of special conditions or circumstances. The special condition on the school is the 100' setback; all other properties in the Chesser Gap PUD are subject to the setbacks of the underlying Commercial-General zoning (see setbacks for Commercial zoning). Replacing the building while maintaining the 100' setbacks will require athree-story structure. It would also require relocating the school during construction. b. Conditions not created by applicant. The special conditions do not result from actions of the applicant. c. Special privileges not conferred, The proposed variance in setbacks being requested are not more lenient than those prescribed by Commercial zoning requirements in the Chesser Gap PUD. d. Hardship conditions exist. The school would greatly prefer to maintain the entire campus in a single story design. The hardship of the existing setbacks would force the school into atwo- or three-story configuration; whereas a commercial development of similar square footage could be developed in a single story. In addition, if this variance is not granted, the school may be faced with permanently relocating to a new location, as it is not practical to relocate temporarily during construction. e. Only the minimum variance granted. This variance request is based on the geometry of classrooms and hallways designed in an efficient layout. The smallest setback on the north side provides the greatest amount of open space (outdoor play area, courtyard space, etc) that can be achieved in the final design. In addition, keeping the construction area buffered from the existing school can be achieved. f. Not injurious to the public welfare or intent of ordinance. Granting this variance will not in any way be injurious to the public welfare. In fact, replacing the modular building with a permanent structure will be in harmony with the existing and future commercial buildings in the area as well as provide a better educational facility for the students of the county. g. Conditions and safeguards may be imposed. Sebastian Charter Junior High School is willing to entertain conditions or safeguards that may be placed on the property. For example, the school will commit to a single story design. h. Time limit may be imposed. The school intends to proceed with fundraising and the design phase for the project immediately if the variance is granted. i. No use variance permitted on specified instances. This variance is for relief from setbacks and is not a use variance. Schools are permitted in this zoning district as a Conditional Use. Summary The Sebastian Charter Junior High School is requesting that the setbacks for its property on Wave Street be reduced to 10' on the north side yard, 50' on the south side yard and 25' on the rear yard. IL '• z ~,~ o ~~ :~ U r J z J HM~~_b'M ~~ ~~0~A c,n ~n ~~ ~,~ ~~~ ~ w~ ,~ z cn j/ ~ z ~~ _~z ~ Y ~ ~ c~ S~,`V ~ ~ \ ~ ~ ~~ ~ (~ ~ ~~~, \\~ ~ ~~ \~ 1 ~ a ~~ ~ u ~, ~ -~~ z ~~ ~ Q ~ ~ \ a ~= Q C,\~ D ~ ~~ ~ ~~ I..1. 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Project Name: Sebastian Charter Junior High School 2. Requested Action: Variance requested from Section 54-2-6.4(39)(b)3, a school conditional use requirement that any main or accessory building be located at least 100 feet from any property line. Proposed setbacks are 10 feet from the north (side), 25 feet from the west (rear) and 50 feet from the south (side) property lines. 3. Project Location a. Address: 782 Wave Street b. Legal: Lot 3, Chesser's Gap Subdivision Phase II 4. Project Owner: Sebastian Charter Junior High School 782 Wave Street Sebastian, FL 32958 772-388-8838 5. 6. Project Agent: Robert Banov Amy Banov Banov Architectures, P.A. 2975 20th Street Vero Beach, FL 32960 772-299-6565 Project Engineer: Aaron Bowles MBV Engineering, Inc. 2455 14th Avenue Vero Beach, FL 32960 772-569-0035 7. Project Description: a. Narrative of proposed action: The Sebastian Charter Junior High School is planning to replace their existing pre-manufactured building units with a new permanent facility. The Land Development Code establishes a conditional use requirement that any main or accessory building be located at least 100 feet from any property line. This limits the construction area to the footprint of the existing modular building. The height limitation for this district is 35 feet, which would allow atwo- or three-story building. The school administration would rather construction a single story building and is asking for relief from the 100 foot setback requirement. The setbacks proposed follow those established in the Public Service zoning district, and exceed those established in the Commercial General zoning district. 8. b. Current Zoning: PUD-C (Planned Unit Development -Commercial) Underlying Zoning: CG (Commercial General) c. Adjacent Properties: Zoning Current Land Future Land Use Use North: PUD-C vacant CG East: PUD-C vacant CG South: RS-10 residence LDR West: PUD-C vacant LDR d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: 2.15 acres charter school public water public sewer Staff Comments: Following is a comparison of setback requirements: School Conditional Use Setbacks Commercial General Setbacks Public Service Setbacks Requested Setbacks North (Side) 100 5 10 10 West (Rear) 100 10 25 25 South (Side) 100 5 10 50 An additional requirement in a Commercial Planned Unit Development prohibits any structure for proposed commercial use to be constructed within 100 feet of adjacent or abutting property zoned for residential development. The requested south setback of 50 2 feet, along with the Collier Waterway 50-foot R/W will provide a 100-foot separation between the commercial use and the residential district. The area along the north property line will still provide adequate area for the required perimeter landscape strip. The applicant has also stated that no exits are proposed along the north side of the proposed new building. 9. Board Criteria for Determining Variances: See attached analysis provided by the applicant. Staff Recommendation: Staff recommends approval of the variance granting a reduction of the north (side) setback to 10 feet, the west (rear) setback to 25 feet, and the south (side) setback to 50 feet. The required separation from the residential district will still be met and they will still exceed the commercial setbacks required by other properties in the Commercial Planned Unit Development. Board Action: Hold quasi judicial hearing to consider the requested variance. Pr ed by Jan ' Gr Manag e t Department 7- S-O~ 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. Existence 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 ^ The special condition on the school is the 100' setback; all other properties in the Chesser Gap PUD are subject to the setbacks of the underlying Commercial-General zoning (see setbacks for Commercial zoning). Replacing the building while maintaining the 100' setbacks will require athree-story structure. It would also require relocating the school during construction. b. Conditions not created by applicant That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes Q' No ^ The special conditions do not result from actions of the applicant. c. Special privileges 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 CY No ^ The proposed variance in setbacks being requested are not more lenient than those prescribed by Commercial zoning requirements in the Chesser Gap PUD. 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. 4 Meets Standard Yes l~' No 0 The school would greatly prefer to maintain the entire campus in a single story design. The hardship of the existing setbacks would force the school into atwo- or three story configuration; whereas a commercial development of similar square footage could be developed in a single story. In addition, if this variance is not granted, the school may be faced with permanently relocating to a new location, as it is not practical to relocate temporarily during construction. 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 F~ No ^ This variance request is based on the geometry of classrooms and hallways designed in an efficient layout. The smallest setback on the north side provides the greatest amount of open space (outdoor play area, courtyard space, etc) that can be achieved in the final design. In addition, keeping the construction area buffered from the existing school can be achieved. f. Not injurious 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 C' No ^ Granting this variance will not in any way be injurious to the public welfare. In fact, replacing the modular building with a permanent structure will be in harmony with the existing and future commercial buildings in the area as will as provide a better educational facility for the students of the county. ~. 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 C+3' No ^ Sebastian Charter Junior High School is willing to entertain conditions or safeguards that may be placed on the property. For example, the school will commit to asingle-story design. 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 [~' No ^ The school intends to proceed with fundraising and the design phase for the project immediately if the variance is granted. 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 ^ This variance is for relief from setbacks and is not a use variance. Schools are permitted in this zoning district as a Conditional Use. 6 CRY OF ~u~ ~ / ' y- HOME OF PELICAN ISLAND GROWTH MANAGEMENT DEPARTMENT 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, JULY 22, 2009, AT 5:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 54-2- 5.4(d)(5) OF THE SEBASTIAN LAND DEVELOPMENT CODE. DR. HADI SHALHOUB, IN REGARDS TO PROPERTY LOCATED AT 13100 U.S. 1, IS REQUESTING A VARIANCE TO ALLOW A STRUCTURE TO BE 15 FEET FROM THE REAR PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE A MINIMUM OF 30 FEET FROM THE REAR PROPERTY LINE WHEN ABUTTING A RESIDENTIAL DISTRICT OR USE. RICHARD GILLMOR, 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 1N ADVANCE OF THE MEETING. Published July 7, 2009 SE~sngN City of Sebastian ,~. _ r..:..-. ~,,,,~„r.u,~;,u~ Develoament Order Application Permit Application No. A licant If not owner, written authorization notarized from owner is re uired Name: GV' ~ Address: Phone Number: (77 ) - FAX Number: ('7'~.~) - E-Mail: Owner If different from a licant Name: Address: Phone Number: (~~~.z) - ~' ~3' 7 - ~ ~ o C3 FAX Number: (7~ - l - t/ y 7 // ``/1 E-Mail: `~~ K~ ~h/~~~ t,` ~ o~-f`~~ ~ „ C~I~1 Title of perm or action regyested~ ~~~ Art S ~ d ~ ~, 04 T e ~ ~ ~ ~`~- 1 i~/1 !~!?4 v~/VI ~~'T•a 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): DR . S' ~~ ~ l,~ ~~ ~ w ~ ~~ N' C~~ e ~.~.~.,~-~.. B. Site Information Address: l ~Q~ ~ S - ~ s~S~S ,~~-~ 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 ere uested permit or action (attach extra sheets if necessa }1 0~- DATE RECEIVED: ?/ ~ / ~9 V FEE PAID: $ DSO. 00 RECEIVED BY: L. cp-~ ss~s Permit Application No. D. Pro'ect Personnel: Name: f ~ ~. Address Phone umber: ('7~~ - -~ FAX Number: (~ 7~) - ~ %~ I E-Mail: c.~ ~p~~,a~a /~ o L ~ c~~ Attorne Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: En ineer: ~ ~ '~~ ~r'r•~ _~/I`~e] L(> C Name: ~ ~ Address I® n~ b r4~~ ~~. .5~~~ s~;~ Phone N~um_~~(77 ~ ~ 7 ~- FAX Number: (7 ~) - ., a E-Mail: Name: Address j y~ T~, 't'. Phone Number: (7~a) - s ~~ ~~ ~ -e2~ .~~ ~~ FAX Number: ( ) E-Mail: Ir ~~ ~ `-''"~ ~~ ~ l~~/ ' ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER V I AM THE LEGAL REPRESENTATIVE F 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. ~~,~- ~~ 3 c~A ~ ~ SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY I~Li~N1~IF.~ P ADP W --ERSIINALLY KNOWN TOM R P,RABUBfD '~- AS IDENTIFICATION, THIS AY OF 3u>,,F_ 0 ~ NOTARY~S SIGNATURE - PRINTED NAME OF NOTARY COMMISSION N0./EXPIRATION JOTARVPI181JC SEAL: '~ Commission # DD551222 Expires May 11, 2010 STATEOFFLORIDA Bonded TroyFaxt•Insuronoe,Ine.800.3857019 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 OWNERS} / ~/THE LEGAL REPRESENTATIVE OF THE OWNERS} OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY/OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE DATE Sworn to and subscribed before me by c~c~AE~. P. C.F*4P who i~_pers n~ y known t me or pr-o~^duced as ire tificati _ '+~day of Jyuc , 20'41 Notary's Signature _ Printed .Name of Notary '- Commission No./Expiration tJOTARYPU IC Seal: I Commission 1222 Expires May 11, 2010 STATE OF FLORIDA BondeATroyFan•Insuranca.Inc 800'3857x18 Permit Application No. o~n SEB~T1 HOME OF FEl1CTN IiLiND 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): ~~.Q ~~~ 3. Legal description of the property involved: _ 4. Att/ach the following: V 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. V 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 parcel of land that is subject of the application June 29, 2009 To Whom It May Concern: We authorize Mickey Capp, of Capp Custom Builders, Inc. to represent us on all matters regarding Site Plan Approval for my project located @ 13100 U.S. Highway 1, Sebastian, FL Thank You \ 0 , ~~ Dr. and Ms. Shalhoub Application for Variance from City of Sebastian Board of Adjustments Dr. Shalhoub Proposed Wound Care Center 13110 USHwy1 Sebastian, FL 32958 Existing Improvements: Phase I was completed in 2008 which included a 1925 Sq. ft. medical office, parking, US Hwy 1 entrance, water retention/storm water, landscaping and block retaining walls 4' - 8' tall on sides and rear. History: Phase I Site Plan was approved on June 5, 2003 and construction began shortly after. Following completion of Phase I, some unexpected existing conditions, mainly slopes/grades from surrounding properties and changes in the landscaping requirements. Dr. Shalhoub was told he needed to post a bond to receive a temporary Certificate of Occupancy until additional improvements were completed. At this time, Capp Custom Builders, Inc. was hired to fulfill all site requirements, obtain a permanent Certificate of Occupancy, and begin permitting for Phase II construction. Dr. Shalhoub was required to build a concrete retaining wall 4' - 8' in height and 450' in length on the sides and rear of the property and upgrade the landscaping at a cost of $160,000+. The work was completed and the bond was released on May 28, 2008 and the Certificate of Occupancy for Phase I was issued. On July 29, 2008 a Phase II Site Plan Application was submitted. Dr. Shalhoub completed all of Phase I design work and additional site improvements with the expectations that Phase II would be allowed as originally proposed (see attachment #1-Preliminary Phase I & II). Rear Set Back Variance Request: The rear set back Commercial Riverfront (County Zoning) to RMH-8 is 30'. We are asking that be reduced to 15'. That is the closest point the back right (NE corner). The distance increases toward the front of the building (SE corner) to 26' (see attachment #2A & 2B). This is 323 sq. ft. of encroachment into the 30' set back. Hardship: The site is a long and narrow parcel with some grade changes in excess of 8'. Phase I was designed to incorporate Phase II construction. Dr. Shalhoub assumed the Phase 1 & Phase II preliminary submittals met all local required set backs. A Wound Care Center Building layout is important to its operation and function (see attachments #3A- Letter from Dr. Shalhoub and #36-Proposed Building Plan). This has been a long and trying process for Dr. Shalhoub. Your consideration of this matter will be greatly appreciated and we believe this project will be an asset to our community. Respectfully Submitted, /"x.77 /,//' / Michael P. Capp Enclosures ~~ ~~cm~~o--F ~~w!"" ~-~.T ~. .~ HOME OF PELICAN ISLAND BUILDING DEPARTMENT 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE: (772) 589-5537 • FAX (772) 589-2566 CERTIFICATE OF COMPLETION # 9730 THIS CERTIFICATE ISSUED PURSUANT TO THE REQUIREMENTS OF THE FLORIDA BUILDING CODE CERTIFYING THAT AT THE TIME OF ISSUANCE THIS STRUCTURE WAS IN COMPLIANCE WITH THE VARIOUS ORDINANCES OF THE JURSIDICTION REGULATING BUILDING CONSTRUCTION GR USE. TRACKING # : 80000015 ADDRESS: 13100 U.S. Hwy 1 OWNER: Hala Shalhoub CONSTRUCTION TYPE: V UNP USE CLASSIFICATION: Utility DATE APPROVED: 5/28/08 APPROVED BY: PERMIT#: 08-000025 Sebastian, FI 32958 CONTRACTOR: Capp Custom Builders, Inc. Wa~~seltine - Building Official "An Equal Opportunity Employe" Celebrating Our 75th Anniversary PND. 4" X 5' CONC. MONUMCNT (0.68' I 1 I A-~. ~ FND. 4' X 5' CONG.MONUMCNT 32.93' (f~ /1 /\hJ~ L/ 5 45d20'36' W U X171 33.54' (C) P~ ~ ~ Phi z ~ STORM dU~ ANAGM I 9 -o" • . Q I • ' z2'-o" 2 vAt~ O , cuRe I' I 0 MATChI CXISTING ~ _ ., _ - . 9 °~.: O PAVCMCNT ' I' O T PROPOSCD 12' RCP I ' ' 22'-0" ~I I, I .;G . N NITTCRCD5OND5 ~ S.INV ~ 21.50-. ~ 7 z ~ ~~ "'~,' _I V• wow A~~ ~ N `~ .. ~•- ~ ' g Q I I 1 ~ -I4c"~ ~ ~ { ~' o~ti 1 ~ s _ ~ti° ~ I L ~ ~ ~~ ~ i _ 2 ~; z 1 ~ ~ ~ HC Q, ~~~~ o Q ' :~ D00000000000 ~ ~ ~ 1 ~ o rlc NC ,---~ v~ . ' . 13 19 18 12 22'-0" II 17~ io 16 \ 9 IS 14 ' I ,925 S.F 5.5. C.B.S F.F = 28.00 - 20'-0 / PHASE I 1 r 9,-0"~ J ~ L O'-O" 1 -:~"; PND, 3/4' DIA.PIP~ 06.45' (R) 9 48d2D'OD'W 06.60' (O) PND. 3/4' DIA.PIPC PROPOSED MEDICAL BUILDINGS LAYOUTS FOR DR. 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HOME OF PELICAN ISLAND Growth Management Department Variance Application -Staff Report 1. Project Name: Dr. Shalhoub Medical Site, Phase II 2. Requested Action: Variance requested from Section 54-2-5.4(d)(5) to allow a structure to be 15 feet from the rear property line, whereas the code requires such structure to be a minimum of 30 feet from the rear property line when abutting a residential district or use. 3. Project Location a. Address: 13100 U. S. 1 b. Legal: That part of Lot 191ying East of present U.S. Highway 1 in Town of Wauregan and also including Lot 18 of Indian River Twin Estates, Jeans Unit 4. Project Owner: Dr. Hala Shalhoub 13100 U.S. 1 Sebastian, FL 32958 772-581-8900 5. Project Agent: Mickey Capp 735G Commercial Center Drive Sebastian, FL 32958 772-589-3452 6. Project Engineer: Tahir Qizilbash, P.E. Progressive Engineering Services, LLC 103 Barbara Court Sebastian, FL 32958 772-589-6879 7. Project Description: a. Narrative of proposed action: Dr. Shalhoub has made application for site plan approval to construct an additional medical building on his property located at 13100 U.S. 1. During the site plan review, staff identified a problem with the side and rear setbacks proposed for the new building. The site plan has been modified to correct the side setback, and although the rear setback has been increased, they are not able meet the 30-foot requirement. The variance request is to reduce the rear setback to 15 feet. b. c. d. Current Zoning: CR (Commercial Riverfront) Adjacent Properties: Zoning Current Land Use Future Land Use North: CG (City) & RMH-8 (Co.) office & residence RMU & M-1 East: RMH-8 (Co.) residence M-1 South: CR office RMU West: CR mobile home park RMU Site Characteristics (1) Total Acreage: .98 (2) Current Land Use(s): medical office (3) Water Service: public water (4) Sanitary Sewer Service: septic system 8. Staff Comments: In February of 2002 Dr. Shalhoub received site plan approval for the construction of a single medical building on his property located at 13100 U.S. 1. Before he began construction, he was able to obtain an additional piece of property (not within the city limits) immediately east of his site. He annexed that property into the City, with the land use and zoning to match his existing property, and then submitted a modification to the approved site plan for a single medical building, which was administratively approved in June of 2003. Throughout these procedures, while annexing the parcel to the east, a second phase was proposed. At the time of annexation - a conceptual drawing may have been submitted (referenced in Mickey Capp's letter as Attachment #1) although not evaluated, and not found within the City's files. From the conceptual drawing, which does not identify the uses of the adjacent properties, it was probably not evident to staff at the time of annexation (in 2002/2003) that the residential property to the east (outside city limits) would require a larger setback than those typically abutting commercial. 2 The unique problem with this site is the residential properties to the north and east, changing the setbacks as follows: CR Setbacks CR Setbacks Requested when abutting Setbacks residential East (Rear) 10 30 15 North (Side) 5 10 10 9. The manner in which the building is situated on the property, the south portion of the building achieves a 26 foot setback while the northerly corner has the smallest setback of 15 feet. While the variance seeks the reduction of the setback from 30 feet to 15 feet, there are portions of the building that are able to provide a 26 foot setback from the property line. Staff also wishes to point out major changes in elevation/grade between the commercial development on US 1 and the abutting residential. The US 1 corridor is significantly lower in elevation than the abutting residential which sits atop a coastal ridge to the east of the development (132°d Street). Sebastian River Medical Center is partnering with Dr. Shalhoub on the construction of this facility. This development is defined as medical sector industry, a primary target industry for the City as identified in the City's economic development plan and adopted via Resolution No. R-09-11. Board Criteria for Determining Variances: See attached analysis. Staff Recommendation: Staff recommends approval of the variance granting a reduction of the rear (east) setback to 15 feet. Board Action: Conduct quasi-judicial hearing to consider the requested variance. Prepared by Rebecca Grohall Growth Management Department ~, ~~ 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. Existence 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 ^ The property is already developed with one medical building. The property is not very deep and is also constrained by the elevation differences among adjoining properties. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes Ind' No ^ Due to the specific needs of this medical building, reconfiguration of the building is not an option. c. Special privileges 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 l~ No ^ The narrow depth of this property and the radical elevation change to the east creates a unique situation restricting development. d. Hardship conditions exist. 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 ~" No ^ 4 The existing layout of the first medical building, as well as the specialized needs for the second medical building have made it necessary to request the reduction of the rear setback. 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 ~ No ^ The application for site plan approval for Phase II initially would have required a greater setback and provided only 9 feet from both the side and rear property line. The plan was revised to provide a 10- foot side yard setback (which meets the code requirement) and a 15- foot rear yard setback. This is the minimum setback necessary to accommodate the Phase II site plan. f. Not injurious 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 ~ No ^ The area of encroachment does not appear to be injurious to the residential mobile homes in that area. g. 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 C~ No ^ No conditions have been proposed by staff. 5 b. 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 L9' No ^ A site plan for Phase II is in the review process. Resubmittal of the modified site plan addressing staff comments is pending the outcome of this variance hearing. The applicant intends to move forward with this project as soon as possible. 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