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Home My WebLink About10-28-2009 BOA Agenda1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. OLD BUSINESS: 6. NEW BUSINESS: 7. CHAIRMAN'S MATTERS: 8. MEMBERS' MATTERS: 9. STAFF MATTERS: 10. ADJOURN HOME OF PELICAN ISLAND GROWTH MANAGEMENT DEPARTMENT 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 FAX (772) 388 -8248 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, OCTOBER 28, 2009 6:00 P.M. A. QUASI JUDICIAL PUBLIC HEARING: RUSSELL AND KIMBERLY SALMON, IN REGARDS TO LOT 4 AND A PORTION OF LOT 3, BLOCK 39, SEBASTIAN HIGHLANDS UNIT 1 LOCATED AT 485 EASY STREET, ARE REQUESTING A VARIANCE TO ALLOW AN EXISTING RESIDENTIAL STRUCTURE TO BE 9 FEET FROM THE SIDE PROPERTY LINE, AND 24.3 FEET FROM THE FRONT PROPERTY LINE, WHEREAS THE CODE REQUIRES A l0 -FOOT SIDE YARD SETBACK AND A 25 -FOOT FRONT YARD SETBACK. 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. RICHARD GILLMOR, CHAIRMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN Published October 13, 2009 CIIYOF HOME OF PELICAN ISLAND 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, OCTOBER 28, 2009, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 54- 2- 5.2.3(d)(5) OF THE SEBASTIAN LAND DEVELOPMENT CODE. RUSSELL AND KIMBERLY SALMON, IN REGARDS TO LOT 4 AND A PORTION OF LOT 3, BLOCK 39, SEBASTIAN HIGHLANDS UNIT 1 LOCATED AT 485 EASY STREET, ARE REQUESTING A VARIANCE TO ALLOW AN EXISTING RESIDENTIAL STRUCTURE TO BE 9 FEET FROM THE SIDE PROPERTY LINE, AND 24.3 FEET FROM THE FRONT PROPERTY LINE, WHEREAS THE CODE REQUIRES A 10 -FOOT SIDE YARD SETBACK AND A 25 -FOOT FRONT YARD SETBACK. 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. 1. Project Name: Salmon Residence 7. Project Description: Q SL MTI HOME OF PELICAN ISLAND Growth Management Department Variance Application Staff Report 2. Requested Action: Variance requested from Section 54 2 5.2.3(d)(5) to allow an existing residential structure to be 9 feet from the side property line and 24.3 feet from the front property line, whereas the code requires a 10 -foot side yard setback and a 25 -foot front yard setback. 3. Project Location a. Address: 485 Easy Street b. Legal: Lot 4 and a portion of Lot 3, Block 39, Sebastian Highlands Unit 1 4. Project Owner: Russell and Kimberly Salmon 8150 133` Place Sebastian, FL 32958 772 -581 -9473 5. Project Agent: Patricia A. Horn Oceanside Title Escrow, Inc. 3501 Ocean Drive Vero Beach, FL 32963 772 234 -0700 6. Project Surveyor: Carl DeShay, PLS 9525 Seagrape Drive Vero Beach, FL 32963 772 -589 -2815 a. Narrative of proposed action: Russell and Kimberly Salmon are requesting a variance to allow an existing residential structure to be 9 feet from the side property line and 24.3 feet from the front property line, whereas the code requires a 10 -foot side setback and a 25 -foot front setback. b. Current Zoning: RS -10 (Residential Single Family) c. Adjacent Properties: Zoning Current Land Future Land Use Use North: RS -10 residence LDR East: RS -10 residence LDR South: RS -10 residence LDR West: PS park INS d. Site Characteristics (1) Total Acreage: .25 acres (2) Current Land Use(s): residence (3) Water Service: well (4) Sanitary Sewer Service: septic system 8. Staff Comments: The owners of the subject property have it under contract to sell. The title company handling the transaction discovered the encroachment and will not issue title insurance until the matter is resolved. Staff has reviewed the Building Department records to determine the history of the property. In 1974 a residence was constructed on Lot 2, south of the subject property. By some error, that residence was constructed encroaching onto Lot 3. At that time, Lots 2, 3 and 4 were under common ownership. To correct the encroachment, a portion of Lot 3 was combined with Lot 2. In 1978, a residence was constructed on Lot 3 (the subject property). Although the proposed plot plan (attached) indicated that the structure would meet the required setbacks, it did not, as shown on the 2009 survey (attached). The subject structure is now 31 years old. Removal of those portions of the structure which encroach into the required setbacks does not appear to be a practical solution. 9. Board Criteria for Determining Variances: See attached analysis. 2 Staff Recommendation: Staff recommends approval of the variance granting a reduction of the side setback to 9 feet and the front setback to 24.3 feet. Board Action: Hold quasi-judicial hearing to consider the request for each variance. ared by Jana Date Growth Manag ent Department 3 to z2,-c 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 B' No The problem has existed since construction of the residence 31 years ago. The City has no record of any complaints from neighboring property owners, nor from any other governmental or utility agencies. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. o Meets Standard Yes RV The current owners did not create the encroachment. 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 This is an older home. When an encroachment issue is discovered, it is handled on a case by case basis involving staff research of best available records. 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 Yes IV7 No Removal of those portions of the structure that encroach into the required setback is not practical and would seem to serve no purpose. 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 No additional variance, beyond what is needed to correct the existing encroachment, has been proposed. 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. I Meets Standard Yes C No The encroachment has existed for 31 years without incident. 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 Q' 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 C� No Nothing new is being proposed. 5 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 f' No The request is not a use related variance. 6 381.0' PLAT &MEAS. SCALE 1' 3O' LEGEND ID IDENTIFICATION CONC. CONCRETE SET IRON ROD SET IRON ROD WITH CAP PLS 3477 1 CENTERLINE SQ. FT. SQUARE I-E.E —P =PLAT A DELTA MON.= MONUMENT WIT MON.= WITNESS MONUMENT BLDG. BUILDING PK= PARKER KALON AC= AIR CONDITIONER PC POINT OF CURVATURE PCP= PERMANENT CONTROL POINT FOUND Ile IRON Rao 90. FOUND WON Rao CARL DESHAY, PLS PROFESSIONAL LAND SURVEYOR #3477 9525 SEAGRAPE DRIVE VERO BEACH, FLORIDA 32963 PHONE 589 -281 5' DRAINAGE Ul7LI/Y EASEMENT 125.0' PLAT MEAS. 5' DRAINAGE UTILITY EASEMENT h 3&1 CONC. ROOF 10 if4 IRON ROD u C4P PLS#3477 FUt91D 3/4' 00N 0.e' SOUTH 0.3' WEST FLOOD ZONE LOT 5 BLOCK 39 125.0' PLAT MEAS. 5' DRAINAGE UTILITY EASEMENT LOT 4 BLOCK 39 26.3 2 0 36.4 6' CONC. 4 ADDRESS: 485 EASY STREET SEBASTIAN, FLORIDA 32958 v a 4 CONC. l PLAT LOT UNE WIN 04P PLII13477 10' WEST *DRESS AWFWIR<1Yl` 62.6 LOT 3 BLOCK .39 LOT .3 6' WOOD FENCE BLOCK 39 LOT 2 BLOCK 39 CERI1RED TOo- ELAINE M. HAGANS OCEANSIDE 177LE ESCROW, INC. FIRST AMERICAN TITLE INSURANCE COMPANY WELLS FARGO HOME MORTGAGE, ITS' SUCCESSORS AND /OR ASSIGNS AS THEIR INTEREST MAY APPEAR MAP OF SURVEY BOUNDARY SURVEY for: ELAINE M. HAGANS SET #4 OWN Roo Wt1N CAP PLS/3477 10' WEST WRY NONWNNT a SET if IRON ROD WRN CAP PLS#3477 10 WEST mom MONUMENT M LOT 31 BLOCK 39 00 CARL DE SHAY PROFESSIONAL LAND SURVEYOR 13477 STATE OF FLORIDA 1 HERESY CERTIFY TNT THIS SURVEY 4EE1S 1FE ISAMM TECHNICAL STANDARDS AS SET FORTH BY THE RDRIDA BOARD OF PROFESSIONAL SURVEYORS at WPPERS N CHAPTER 81017 -6. FROSEN ADMINSTRATNE CODE. PURSUANT To SECTION 472.027, FIDRIDA STATUTES SHEET 1 OF 2 SURVEY DATE 9 -15 -2009 156/15 "291 1 Easy Street PLOT PLAN 485 Easy Street, Sebastian, Florida 32958 Indian River County, Florida Property Appraiser Printer Friendly Map Print 1 Back Indian River County GIS Page 1 of 1 Pa rce I I D 31380100002039000003.0 OwnerName SALMON RUSSELL T KIMBERLY S Notes PropertyAddress 485 EASY ST SEBASTIAN, FL 32958 http /www.ircpa.org /PrintMap.aspx 10/22/2009 Owner (If different from applicant) B. Site Information Address: 485 Easy Lot: 4 Block: 39 Unit: 1 Subdivision: Sebastian Highlands Indian River County Parcel 31-38-01-00002-0390-00003 and 4/0 Zoning Classification: Future Land Use: Residentiall Existing Use: Proposed Use: Residential No change Owner (If different from applicant) Name: Russell T. Salmon and Kimberly S. Salmon, husband and wife Address: 8150 I33±d::P3iace, Sebastian, Florida 32958 Phone Number: 772) 581 9473 FAX Number. 772 589 1325 E ltaltaon@bellsouth.net C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): We request the City of Sebastian to release one foot of the ten foot side setbal due to the encroachment of same by the subject residence that was built in 1978. We also request release of the .7 encroachment into the 25' front setback Permit Application No. FAX Number: 772 234 0200 E pat ty @dceansidetitleandescrow. com City of Sebastian Development Order Application Applicant (if not owner, written authorization (notarized) from owner is required) Name: Oceanside Title Escrow, Inc. Address: 3501 Ocean Drive, Vero Beach, Florida 32963 Phone Number: 772) 234 -00 Title of permit or action requested: Release of 1' encroachment into 10 side setback and release of the .7'encroachm into the 25' front setback. 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): DATE RECEIVED: y 1 11 O? FEE PAID: 3 -UO RECEIVED BY: Cie-41517 D. Project Personnel: Agent: Patricia A. Horn Name: Oceanside Title Escrow, Inc. Address 3501 Ocean Drive, Vero Beach, Florida 32963 Phone Number: 772) 234 0700 FAX Number: 772 234 0200 E -Mail: patty @oceansidetitleandescrow.com Attorney: Name: Address Phone Number: FAX Number: E -Mail: Engineer: Name: Address Phone Number: FAX Number: E -Mail: Surveyor: Carl DeShay Name: Carl De Shay Address 9525 Seagrape Drive, Vero Beach, Florida 32963 Phone Number: 772) 589 2815 FAX Number: 772 589 0125 E -Mail: Patricia A. Horn BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER X I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE WHO IS PERSONA! 1 v KninwK0 ME OR PRODUCED AS IDENTIFICATION, THIS Z DAY OF NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION SEAL: OF MY KNOWLEDGE AND BELIEF. DATE SWORN TO AND SUBSCRIBED BEFORE ME BY PATRICIA A. HORN P ERICA L RECH MY COMMISSION DD 669620 n,.i�•.a EXPIRES: June 18, 2011 o?� Thru Notary Public Underwriters 20pA.. Permit Application No. nucutistAN Supplemental Information Application to the Board of Adjustment Permit Application No. 1. This application is for a (check one): x 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): We are requesting a release of one foot of the ten foot side setback of the property located at 485 Easy Street, Sebastian, Florida. We also request a release of the .7' encroac into the 25' front setback of the same property. 3. Legal description of the property involved: See EXHIBIT "A" attached hereto and incorporated herein by reference 4. Attach the following: x 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. G. 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. hment 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 WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR P MISES MADE, BY ANY EMPLOY E, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. fayoq DATE SIGNATURE Sworn to and subscribed before me by k.. .I.pr -c?J who sonall k or produced_ as identification, this day of ��-'7 20 a', Notary's Signature Printed Name of Notary Commission No. /Expiration Seal: g DOROTHY EMMONS HORNE Commission DD 913180 Expires August 22, 2013 9adad nnaroy Fan Insurance 800-385-7019 Exhibit "A" Lot 4, Block 39 of SEBASTIAN HIGHLANDS, UNIT 1, according to the Plat thereof, recorded in Plat Book 5, Page(s) 14. and 15, of the Public Records of Indian River County, Florida. AND Lot 3, Block 39 of SEBASTIAN HIGHLANDS, UNIT 1, according to the Plat thereof, recorded in Plat Book 5, Page(s) 14 and 15, of the Public Records of Indian River County, Florida; less and excepting therefrom that certain parcel described in Official Records Book 518, page 466, Public Records of Indian River County, Florida, more particularly described as follows: Begin at the Southwest corner of Lot 3, Block 39, said point being on the East right -of -way line of Easy Street; thence run Northeasterly on a line formed by an angle of 74 °00' as measured from North to East from said right -of -way line, a distance of 146.28 feet more or less to a point on the East line of Lot 3; thence a distance of 43.09 feet to the Southeast corner of said Lot 3, thence run West on the line common to Lots 2 and 3, Block 39, 156.88 feet more or less to the Point of Beginning.