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HomeMy WebLinkAbout05-12-2010 BOA Agenda1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: 7. CHAIRMAN'S MATTERS: 8. MEMBERS' MATTERS: 9. STAFF MATTERS: 10. ADJOURN CI1YOF 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, MAY 12, 2010 6:00 P.M. 5. OLD BUSINESS: 6. NEW BUSINESS: A. QUASI JUDICIAL PUBLIC HEARING: Meeting of 9 -30 -09 Meeting of 10 -28 -09 CHARLES P. STACHEL, IN REGARDS TO LOT 17, BLOCK 336, SEBASTIAN HIGHLANDS UNIT 13, LOCATED AT 1698 CORAL REEF STREET, IS REQUESTING A VARIANCE TO ALLOW A RESIDENTIAL STRUCTURE TO BE 16.25 FEET FROM THE REAR PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE 20 FEET FROM THE REAR PROPERTY LINE. B. REQUEST FOR EXTENSION OF VARIANCE SEBASTIAN CHARTER JUNIOR HIGH SCHOOL, IN REGARDS TO PROPERTY LOCATED AT 782 WAVE STREET, IS REQUESTING A SIX MONTH EXTENSION OF THE VARIANCE DETERMINATION TO REDUCE THEIR REQUIRED SETBACKS TO 10 FEET FROM THE NORTH (SIDE), 25 FEET FROM THE WEST (REAR) AND 50 FEET FROM THE SOUTH (SIDE) PROPERTY LINES. 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. City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Dale Simchick cnyof SLB AN HOME OF PEUCAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 MINUTES BOARD OF ADJUSTMENT WEDNESDAY, SEPTEMBER 30, 2009 6:00 P.M. 1. Mayor Gillmor called the Board of Adjustment Meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL: Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Deputy Police Chief, Greg Witt Senior MIS Systems Analyst, Barbara Brooke -Reese 4. ANNOUNCEMENTS: None Items 5 and 6 were skipped over at this time. 7 NEW BUSINESS: A. QUASI- JUDICIAL PUBLIC HEARING: ROBERT DENTON APPEAL OF THE ADMINISTRATIVE ZONING APPROVAL FOR THE CONSTRUCTION OF A MONUMENT SIGN LOCATED AT 25 AIRPORT DRIVE WEST REGARDING NONCOMPLIANCE WITH THE AIRPORT MASTER PLAN AND DEVELOPMENT GUIDELINES. Board of Adjustment September 30, 2009 Page Two The City Attorney read the title and Mayor Gillmor opened the public hearing at 6:01 p.m. (The September 30, 2009 agenda packet is to be considered Exhibit 1, along with large documents: Airport Master Plan dated March 2002, SMA Guiding Documents, Land Development Code, and Philipson Airport Lease as addressed in the City Manager's e-mail dated 9/25/09) Mayor Gillmor called for the disclosure of ex -parte communications and the following members disclosed they had conversations with: Mr. Hill Mr. Denton, the City Manager Ms. Coy– Mr. Denton, Ms. Dill, Ms. Putman Ms. Simchick Mr. Denton, Mr. Linus, Mr. Philipson, Ms. Putman, Mr. Zingman, Mr. Hermann Mr. Wolff- Mr. Denton Mayor Gillmor– Mr. Denton The City Attorney explained to the Board Members that the hearing was to be conducted as a judicial type hearing, though they are not judges and in order to conduct the hearing properly and preserve their decision they would need to be like a judge neutral, impartial; conduct the hearing on the record; people would be sworn in; and it was to be more formal than their legislative sessions. He asked each member if they had any impediment with regard to considering the evidence on the record tonight, they should only consider that evidence; and if they could be neutral and impartial when they consider the issue. All members answered in the affirmative. The City Attorney then asked the audience if they understood that the members are obligated to conduct the hearing in a judicial way, evidence presented, under oath, decision made, on the record, the neutrality of the people making the decision as a judge would be. The City Attorney noted for the court reporter that no one raised their hand or came forward or indicated any problem when asked and invited to do so. The City Clerk swore in all those who intended to give testimony. At this time, Mayor Gillmor asked the Board to return to item 5. 5. APPROVAL OF MINUTES: Regular meeting July 29, 2009 MOTION by Mr. Hill and SECOND by Mr. Wolff to approve the July 29, 2009 minutes passed with a unanimous voice vote of 5 -0. Board of Adjustment September 30, 2009 Page Three In response to Mayor Gillmor, Mr. Denton said he would need a half hour to present his case. Mayor Gillmor said his time would include all those individuals who planned to make the case with him. Mr. Denton then replied that he would probably need an hour and a half. The City Attorney said the time limit was for the Board to decide for the appellant and anyone who wished to support the appellant's position and at the conclusion, if there was time left, it was to be used for rebuttal, then staff would make a presentation, the appellant would rebut if he saved time, and then the hearing would be closed and the Board would deliberate and make a decision. Ms. Coy said she respected the advice of the City Attorney but unless this procedure was presented to the public and Mr. Denton previously, it would be an injustice to impose new procedures at this time. She noted Mr. Denton had not prepared his appeal in that manner, he has paid money to present his appeal, in the past the appellant could speak until done, and each member of the public was allowed five minutes and she had difficulty accepting a rule change at the last minute. Mayor Gillmor asked Mr. Denton if an hour and a half would be enough and Mr. Denton said he wasn't sure but an outline previously given to him from the City Manager indicated he would not be restricted. Ms. Simchick said she would favor Mr. Denton speaking as long as he needed so there wouldn't be any question of not giving him enough time. Mr. Hill agreed with Ms. Simchick. Mr. Wolff said as long as the appellant is relevant, stays on topic, doesn't repeat himself, he would like to hear what he has to say. Appellant Mr. Denton said they were here to discuss a sign on the 50 foot buffer area along the Airport side of Roseland Road. He explained with community participation, the City contracted with the LPA Group in the early 2000's to do an Airport Master Plan which changed the configuration of the Airport. He said the east side was heavy industrial use, with the conservation area on the west and it was decided a buffer should separate the two. During the community meetings, the buffer was negotiated down to a 50 foot uninterrupted natural vegetation area except for the three entrance roads to the Airport. He said recently he has been told there is no recording of the buffer area although it has been recognized by staff, the original airport layout plan, the tenant and the Planning Zoning Commission, so it was difficult to understand why the City Manager says there is no buffer and the sign was allowed to be installed. Board of Adjustment September 30, 2009 Page Four He said the City Manager's staff report indicates the appeal is for the sign itself but his appeal is for the location of the sign in the restricted area. He said the buffer came into play when Mr. Philipson sought to construct an additional sign. 6:16 pm He outlined the City's "lease" position stated in the City Manager's September 24` memo which described a pre development meeting between the community and Mr. Philipson who requested the sign be placed in the buffer. To showcase the first non aviation development at the Airport, the City did not object to the placement and the public asked that the sign be designed as close as possible to the Dale Wimbrow Park sign so there wasn't a hodge podge of signs along Roseland Road and is outlined in the very last sentence of section 1.6 of Mr. Philipson's lease. 6:22 pm In regard to the City's three positions regarding the "SMA Guiding Documents," Mr. Denton pointed out the Guiding Documents require each tenant to have one sign per property, no signs on Roseland Road, and the maximum height of six feet to which Mr. Philipson is in violation of all three but sign's location is the issue that he would like to discuss. He said the City Manager's assumption that the guidelines only apply to the airside do not make any sense as a leasehold would not have anything to do with Roseland Road. He pointed out that Council approved the Guiding Documents therefore the decision to waive or alter minimum standards should go back to Council for approval and not just be the sole discretion of one person. Mr. Denton said his airport layout drawing of Sept. 2001 and the June 16, 2008 Planning Zoning minutes speak of the buffer zone. He also said a buffer is not indicated in the February 2002 adopted Airport Master Plan and the City Manager's March 2002 Airport Layout Plan and he could not understand what happened. Mr. Denton distributed a packet. (see attached Exhibit 2) He noted that he was present the night the Airport Master Plan was adopted and noted the layout was not displayed for the public. He went over the timeline (included in his packet) indicating Mr. Philipson changed his July 2008 decision to request more signage and the permit was issued without public knowledge in May 2009. He read excerpts from the City Manager's April 24, 2006 letter to Mr. Philipson (see attached Exhibit 2) noting development standards were waived and inconsistent which concerned him. He noted that he asked the City Manager if political pressure was being place on him to which he did not receive a response. Mr. Denton then said he began to meet with Council Members. Mayor Gillmor called for a recess at 6:55 p.m. and upon return at 7:06 p.m., all Board Members were present. Board of Adjustment September 30, 2009 Page Five Mr. Denton continued that during a conversation with one of the Council Members he could tell she was supportive of the sign and the location. In subsequent conversations, when he tried to set up a meeting she said she was advised by the City Attorney not to discuss the additional sign or the leased property. He said he felt stonewalled at that point and asked the City Attorney for the legal basis of his advice to the Council Member. The City Attorney explained this was a quasi judicial hearing in which the Members are deciding a case as a judge would with neutrality and impartiality, with no communication between any of the parties or any of the Board Members because it is the same as influencing the judge before hearing a case. He said zoning, land use are quasi in nature and any ex -parte communication can undercut their ability to make a decision and that is why the court prohibits ex parte communication between any party to a zoning case and the people who have to decide it. He said that is why at the beginning of the meeting the Board Members put on the record any discussions or meetings with anybody involved, he questioned Members on the record, and he admonished their responsibility to decide things in an impartial and neutral manner as a judge would and each one acknowledged they were able to do that. He said he turned to the audience to see if they had any objections and understood his directions and did not receive any questions. He noted Mr. Denton was present at that time and said that is why he advised the Council Member not to meet with him. Mr. Denton said the City Manager's August 14, 2009 letter stated barring an appeal, his office considered the matter closed bringing him before the Board for an appeal. Public Input in Favor of the Appeal 7.14 pm Russell Hermann, 586 Redwood Court, Sebastian, highlighted two sections of a September 18, 2009 letter from Tim Glover President of Friends of St. Sebastian River. (see attached Exhibit 3) These sections reference that Mr. Philipson agreed to the 50 foot buffer and the Friends are concerned that the City has abandoned the standard. Mr. Hermann continued to say that In November 2001, the Association of Roseland Property Owners, Friends of the St. Sebastian River, and the Sebastian Property Owners sent a letter stating it is the role of staff to provide tools to minimize the effects of the industrial park and in March 2004, concerned residents formed the Airport Coalition Committee to protect the areas so close to the development. He said they were not advised of the new sign and are forced to take an adversary position. He asked the Board Members to respect the character of the area and have the monument sign removed. Fred Mensing, Acting President, Friends of Historic Roseland, read a letter dated Sept. 21, 2009 into the record requesting reconsideration of the sign. (see attached Exhibit 4) Board of Adjustment September 30, 2009 Page Six Beth McMillan, Assistant Director, Marine Resources Council, said the Marine Resources Council sponsored the inclusion of Roseland Road to the Indian River Lagoon Scenic Highway Program and said the road's intrinsic resources should be protected to prohibit unsightly advertising. Frank DeJoia, 11625 Roseland Road, also speaking on behalf of James and Cathy Spoto, thanked Mr. Denton for his effort and said it is important to maintain the buffer and prevent commercial signs along Roseland Road. Holly Dill, 11675 Roseland Road, also representing James Linus, said she is disappointed and weary of the sign approval because she has spent the last 10- 20 years meeting with officials and organizations to gain assurances and one of their greatest concerns are signs on Roseland Road. She said one of the gained assurances was the installation of directory signs which are fair and equitable to all of the business owners. She pointed out that the waiver was granted for a commercial kayak business using the minimum standards for aeronautical activities. Mayor Gillmor noted her speaking time was up. MOTION by Mr. Wolff and SECOND by Ms. Coy to allow Ms. Dill to continue passed with no objection from the Board. She said her objection is to the sign, not the business. She asked what other development regulations will now be waived. 7:38 pm Bill Brennan, 589 Redwood Court, Member of the Friends of St. Sebastian River, said when he left to go up north, he thought it was agreed that the sign would look like the others. He said there is a chance to do something about the sign tonight. Jackie James, Roseland, said she hoped the Board will correct the sign, as there might be a lot more like it similar to the east entrance into the Golf Course. She said to keep it simple and not botch it up with a bunch of signs. Joe Scozzari, Sebastian, said it is hard to believe Mr. Denton had to spend money to bring this before the Board. Mike Beck, Kayaks Etc., said he wanted the Board to know first hand that a little over a year ago they were looking at coming into that area and they were told numerous times that additional signs would not be allowed. He said it might have been possible that they could have half of the "About Storage" sign, but no additional signs because it is in the buffer zone. He said as an outdoor company and personally, they wanted to preserve the buffer zone as well so they ended negotiations. Board of Adjustment September 30, 2009 Page Seven Staff Presentation 7:46 pm The City Manager stated his request of the Board would be to dismiss the appellant's case with prejudice because the appellant did not argue the case as asserted in his appeal because his opening remarks state everything is okay but the location. He said if that is the case, the location is in the correct position because according to Exhibit B of Mr. Philipson's lease, that is the specified place for a sign and it does not remove any buffer. He continued that he did not know if that was truly the appellant's case because of his other testimony and the public's remarks who assert the sign is a violation of code. He gave a PowerPoint presentation with an event chronology, staff's position, and justification for staff's recommendation to deny the request to overturn the administrative determination. (see attached Exhibit 5) He said the appellant does think the sign meets uniformity with the Dale Wimbrow sign across the street, but it is in a bad spot. In response to Ms. Coy, the City Manager reiterated the appellant said the "About Kayak" sign was okay, it is just in a bad spot. He went to staff's argument that Exhibit B of the lease which dictates where a sign goes and noted the appellant is contradicting his argument. The City Manager explained the appellant is misinterpreting the Guiding Documents as Section 7 states Appendix B applies to the airside operations (inside the fence) and Appendix C D apply to other industrial operations. He said staff believes the regulation of the sign belongs in Appendix C D where there is no restriction on signage. He said staff felt they were in conformity with the lease, the Guiding Documents and the Land Development Code. He said the About Kayak sign complies with the IRC Corridor Plan but not the Roseland Road Corridor plan provision which dictates 200 feet between signs. The City Manager said there was original documentation indicating that there is supposed to be a buffer along Roseland Road, however the Master Plan and Airport Layout Plan do not indicate a buffer but those are the documents that staff has been and are working with. The City Manager said staff has made an effort to watch out for our Roseland neighbors, protect our development rights, and serve the community the best. He asked the Board to deny the appeal to overturn the administrative decision. Board of Adjustment September 30, 2009 Page Eight Public Input Against the Request 8:16 pm Steve Philipson, leaseholder, said he said he applied and received the permit, but did not go to the maximum of what was permitted for the sign. He said he has tried to be a good neighbor and has been commended for being a positive development for the community. Appellant's Response Mr. Denton said the most troubling part was the sign was allowed behind the scene with no public input. Mayor Gillmor called for a recess at 8:26 p.m. and upon return at 8:36 p.m., all Board Members were present. Council Deliberation 8 :36 pm Ms. Coy stated she disagreed with staff's recommendation. She cited the 200 foot requirement of the Roseland Road Corridor Plan, Section 1.6 of Mr. Philipson's lease noting sign requirements of Exhibit B, the three sections of the Airport Guiding Documents, the 50 foot buffer noted in a site plan presented to Planning and Zoning Commission, overlay plans should take priority over the LDC, and to say it was an economic development issue is a big stretch. She said the sign request should have been brought to Council. Mr. Hill said he hoped this issue didn't destroy the many years of trust between the City and Roseland, believed we are doing a good job in developing the City. He asked the City Manager if there was any offer to remove the sign and he replied no. He then asked the City Attorney if the City Manager was within his administrative authority to approve the sign. The City Attorney replied he was. Mayor Gillmor said he recently drove down State Road A1A from St. Augustine and he realizes why they live in Sebastian as monument signs make a tremendous difference. He noted the lease says "sign or signs," it is not in the buffer and didn't see a problem. Ms. Simchick said she would apply the written rules and laws and asked the City Attorney to define "aggrieved" as cited in LDC Section 54- 1- 2.2(d). The City Attorney said the short form version is a person is aggrieved if that person is adversely affected by a decision or if legal right has been infringed by that decision. He said he views the definition of aggrieved to grant relief to people who want to review administrative decisions. He said this is a difficult case because people aren't close enough or impacted enough by the decision Board of Adjustment September 30, 2009 Page Nine and he thought a court would have some difficulty, but the Board is willing to offer the opportunity for people to come forward if a staff decision didn't go the way they would have hoped. Ms. Simchick asked if in the legal court, would the aggrieved party be abutting parcel owners. The City Attorney replied yes. Ms. Simchick then clarified the tenant isn't aggrieved but if the Board overturns the decision, does that create the tenant as an aggrieved party; and the City Attorney said yes because he would then have to spend money to remove the sign. Ms. Simchick asked what court would the tenant take the case to. The City Attorney said it would go to the appellant division of the circuit court. Ms. Simchick asked the City Manager if the sign was built to its own plan and a certificate of occupancy granted. The City Manager said yes to both inquiries. Ms. Wolff said the most disturbing aspect is the disappearance of the buffer, some type of transition area is critical. He said the fact that Kayaks Etc. was repeatedly denied a sign at the key location and subsequently the storage owner was able to erect a sign and start the kayak business did not sit well with him. He said Mr. Denton contacted him to say he was giving up on the case, was surprised that he filed the appeal, and had to put up money to do so. He said the Board is supposed to be at the public's service, not adversaries because they interpreted something different and hoped putting up the sign under the guise of economic development doesn't become the guise of uncontrolled growth. He said given the background of Mr. Philipson's lease, it would have been prudent to come before the public in this case and from an ethical sense, it does not sit very well with him. MOTION by Ms. Coy and SECOND by Mr. Wolff to approve the administrative appeal with sign to come down and refund Mr. Philipson the money he spent. Result of the roll call: Ayes: Coy, Wolff Nays: Gillmor, Hill, Simchick 2 -3 Failed MOTION by Mr. Hill and SECOND by Ms. Simchick to deny the appeal to overturn the administrative decision. Result of the roll call: Ayes: Hill, Simchick, Gillmor Nays: Coy, Wolff 3 -2 Passed Board of Adjustment September 30, 2009 Page Ten Richard H. Gillmor, Mayor ATTEST: Ms. Simchick clarified with the City Attorney that fees are in place to prevent frivolous cases and asked if they had the ability to waive the appeal fee. The City Attorney said yes. MOTION by Ms. Simchick and SECOND by Ms. Coy that the Board of Adjustment waive the appeal fee for Mr. Denton. Result of the roll call: Ayes: All Nays: None 5 -0 Passed Being no further business, Mayor Gillmor adjourned the Board of Adjustment meeting at 9:20 p.m. 6. OLD BUSINESS —none. 8. CHAIRMAN'S MATTERS none. 9. MEMBERS' MATTERS none. 10. STAFF MATTERS none. 11. ADJOURN Approved at the Board of Adjustment meeting. Sally A. Maio, MMC City Clerk 2. The Pledge of Allegiance was recited. 3. ROLL CALL Board Members Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff Council Member Dale Simchick mc SE c TI 'W HOME OF PELICAN ISLAND MINUTES BOARD OF ADJUSTMENT REGULAR MEETING WEDNESDAY, OCTOBER 28, 2009 6:00 P.M. 1. Mayor Gillmor called the meeting to order at 6:00 p.m. Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King Police Chief, Michelle Morris Senior MIS Systems Analyst, Barbara Brooke -Reese 4. ANNOUNCEMENTS none 5. OLD BUSINESS none 6. NEW BUSINESS: 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 10- FOOT SIDE YARD SETBACK AND A 25 -FOOT FRONT YARD SETBACK. The City Attorney read the request title and Mayor Gillmor opened the public hearing at 6:01 p.m. The City Clerk swore in those who intended to offer testimony. Board of Adjustment Meeting October 28, 2009 Page Two 8. CHAIRMAN'S MATTERS none 9. MEMBERS' MATTERS none 10. STAFF MATTERS none 11. Being no further business, Mayor Gillmor adjourned the meeting at 6:04 p.m. Approved at the Board of Adjustment meeting. Richard H. Gillmor, Mayor ATTEST.' Sally A. Maio, MMC City Clerk Mrs. Salmon requested the variance as stated in the staff report, noting she is currently selling the house and wasn't aware of the issue until she had an interested buyer. The Growth Management Manager said the house was built 31 years ago with the encroachment and in an effort to clean up, staff decided to take care of the variance. She said staff recommends approval. MOTION by Mr. Wolff and SECOND by Ms. Simchick to approve the variance passed with a voice vote of 5 -0. 2 RICHARD GILLMOR, CHAIRMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN Published April 27, 2010 5ER 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, MAY 12, 2010, 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. CHARLES P. STACHEL, IN REGARDS TO LOT 17, BLOCK 336, SEBASTIAN HIGHLANDS UNIT 13, LOCATED AT 1698 CORAL REEF STREET, IS REQUESTING A VARIANCE TO ALLOW A RESIDENTIAL STRUCTURE TO BE 16.25 FEET FROM THE REAR PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURE TO BE 20 FEET FROM THE REAR PROPERTY LINE. 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. B. Site Information Address: I la i 8 Cof t 9--E 57 s t; g4'1s T1 Noo, i_- L-, 3 I- I S 8 Lot: Block: Unit: Subdivision: 107, 336 13 ovs-,n,,,) +k c."-u1---Po- Indian River County Parcel Co —51-3v— D6 --33GO Ova° t /C7,, nit> A+ 18 j Zoning Classification: Future Land Use: Existing Use: Proposed Use: Owner (If different from applicant) Name: c Hilq /e �S /7 5 T /9 C Name: P.) IA Address: OcD C 1,51_f_ poi r PLW Le; S„0\s{.2i� S fi, t_i. Phone Number: (9 7 FAX Number. (9 371 3 og 3 '4 233 oS�.C� ('4LL F/ 1'S/ E -Mail: Pe rry5rr9cl/EL I° )Z®AJ. A0>cT Address: 11 Phone Number: FAX Number: E -Mail: Applicant (If not owner, written authorization (notarized) from owner is required) Name: c Hilq /e �S /7 5 T /9 C Address: OcD C 1,51_f_ poi r PLW Le; S„0\s{.2i� S fi, t_i. Phone Number: (9 7 FAX Number. (9 371 3 og 3 '4 233 oS�.C� ('4LL F/ 1'S/ E -Mail: Pe rry5rr9cl/EL I° )Z®AJ. A0>cT Permit Application No. SEB'AN City of Sebastian HOME OfPEUG1."lISLAND Development Order Application Title of permit or action requested: 1 k 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): 'Tl R-� P -ala: Q25' -T or, o7.3-C R j C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): DATE RECEIVED: L t/ /0 FEE PAID: $35 .6C RECEIVED BY: *zZo 75•0o pit y l� ro I2yz1 di Z75 PA.o D. Project Personnel: Agent: Name: Address Phone Number: FAX Number: E -Mail: Attorney: Name: Address Phone Number: FAX Number: E -Mail: Engineer: Name: Address Phone Number: FAX Number: E -Mail: Surveyor: Name: Address Phone Number: FAX Number: E -Mail: Permit Application No. 1, 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 ACCU TE AN2TRUE TO BEST OF MY KNOyNLEDGE AND BELIEF. L Si1iTURE NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION SEAL: 0 DATE SWORN TO AND SUBSCRIBED BEFORE ME BY Char I f s c,731-61 C h -e 1 WHO IS PERSONALLY KNOWN TO ME OR PRODUCED r L d I�— AS IDENTIFICATION, THIS '"1 DAY OF C.P'-' k 20 1 U. 7777 01.x' 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. IIW>' D( THE OWNERA 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. Notary's Signature Printed Name of Notary Commission No. /Expiration Seal: I/ HEREBY WAIVE ANY OBJECTION OR DEFENSE I/ 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/ PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AN{CONSENT IS BEING SIGNED BY MEVOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMI S MAp BY ANY PLOYEE, AGENT CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. //-/s NI O1.B A DIBIASE MY COMMISSION #14615146 EXPIRES: NOVEMBER 15, 2010 Borded Thor Notary Public Underwriters giGN Sworn to and subscribed before me by Char who is personally known to me or produced as identification, this 4 day of r .P \j 1 20 I G DA 2. Specify all code provisions for which a variance is being requested or the decisions that you are appealing. (Attach extra sheets if 5 e-r" Ac--IBC i--o I 7 R L0c -t! '5 decision or necessary): 9--)t_oc.a.._ 3Z (D s) 7 i l e Nei TA GlF Laa' c)s 8 A s-t s -ri An), 3 '1-9 sc8 3. Legal description Lc 1 1'7 of the property involved: -lor (S 2uc- o 9--)t_oc.a.._ 3Z (D s) 7 i l e Nei TA GlF Laa' c)s 8 A s-t s -ri An), 3 '1-9 sc8 WA OF PELICAN WAND Supplemental Information Application to the Board of Adjustment Permit Application No. 1. This application is for a (check one): ✓variance(s) appeal(s) 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 parcel of land that is subject of the application. 1. Project Name: Stachel Residence 2. Requested Action: Variance requested from Section 54- 2- 5.2.3(d)(5) to allow an existing residential structure to be 16.25 feet from the rear property line, whereas the code requires a 20 -foot rear setback. 3. Project Location a. Address: 1698 Coral Reef Street b. Legal: Lot 17, Block 336, Sebastian Highlands Unit 13 4. Project Owner: Charles P. Stachel 4004 Center Pointe Place Sarasota, FL 34233 941 379 -3080 5. Project Agent: Carolyn Corum Don Wright Real Estate, LLC 1603 U.S. 1 Sebastian, FL 32958 772 913 -2378 6. Project Surveyor: Kevin Smith Kevin A. Smith Land Surveying, Inc. 1400 Palm Bay Road, N.E. Palm Bay, FL 32905 7. Project Description: ana HOME OF PELICAN ISLAND Growth Management Department Variance Application Staff Report a. Narrative of proposed action: Charles P. Stachel has requested a variance to allow an existing residential structure to be 16.25 feet from the rear property line, whereas the code requires such structure to be 20 feet from the rear property line. 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 vacant LDR South: RS -10 residence LDR West: RS -10 residence LDR d. Site Characteristics (1) Total Acreage: .29 acres (2) Current Land Use(s): residential (3) Water Service: well (4) Sanitary Sewer Service: septic system 8. Staff Comments: As the result of a unique situation, Mr. Stachel is requesting a variance for a rear setback issue at his residence on Coral Reef Street. Staff has reviewed the City records to determine the history of this property. In 1983 a single family dwelling was constructed on Lot 17, Block 336, Sebastian Highlands Unit 13. Attached Exhibit A is the approved plot plan submitted at the time of permitting, which shows a proposed rear yard setback of 16 feet. Staff has researched the zoning codes in affect at the time of construction and found an ordinance adopted January 14, 1974 which required a fifteen (15) foot rear setback. See excerpts from the ordinance labeled Exhibit B. As such, the house was in compliance with the zoning code at the time of construction. In 1985 a new Land Development Code was adopted that changed the rear setback to a minimum of 20 feet (Exhibit C). That code also established a "grandfather" clause to allow a legal noncomplying structure to continue (Exhibit D). These provisions remain in effect (Exhibit E). As noted in the Land Development Code, a nonconformity cannot be increased. In 1994, an application was approved to add an enclosed porch to the residence (Exhibit F). The surveyor showed the buildable area on the rear of the house by crosshatch, indicating the side setback as 10 feet and the rear setback as 20 feet. The room was then designed to stay out of the 20 foot setback. A concrete slab is not considered a structure and 2 therefore is permitted within the setback area. Since the addition met current setbacks and did not increase the nonconformity, the permit was correctly issued. In 2005 Mr. Stachel recorded a unity of title connecting Lot 17 (with the residence) to Lots 18 and Lot 1 (both vacant). His goal was to combine the lots for tax purposes, which could have been accomplished at the tax offices, without recording a unity of title. The City requires a unity of title when the owner wishes to make improvement to their vacant lot such as adding a fence, shed, or driveway. Mr. Stachel has made no improvements to either vacant lot. Although inadvertently, Mr. Stachel corrected the nonconformity when he combined the three lots into one big lot. The rear yard encroachment was eliminated and the nonconformity no longer exists. Mr. Stachel is now selling the property and has a pending contract on the two vacant lots. A letter requesting the release of the unity of title was submitted to the City by Carolyn Corum on behalf of Mr. Stachel. Staff reviewed the request and determined that the unity of title could not be released because doing so would create a noncomplying structure. After reviewing various options, Mr. Stachel decided to request a reduction in his rear yard setback and applied for a variance. If approved, staff will then be able to release the unity of title. Exhibit G is an aerial of Mr. Stachel's property. Exhibit H is a highlighted survey of Lot 17. 9. Board Criteria for Determining Variances: See attached analysis. 10. Staff Recommendation: Staff recommends approval of the variance granting a reduction of the rear setback to 16.25 feet for the existing structure, with no future construction permitted within 20 feet of the rear property line. 11. Board Action: Hold quasi-judicial hearing to consider the variance. "Move to approve a variance for 1698 Coral Reef Street allowing an existing residential structure to be 16.25 feet from the rear property line. All future construction shall be in full conformance with existing codes" ared by Jar I ng Growth Management Department 3 Date 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 C The structure was built in accordance with zoning standards in 1983, and the addition was built in accordance with zoning standards in 1994. By recording a unity of title (which was never a requirement of the City), Mr. Stachel inadvertently solved the encroachment by attaching Lot 18 to the property. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes L No All permits were reviewed and approved in accordance with the existing codes in place at the time of construction. The encroachment was created when the City adopted a new Land Development Code in 1985. 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 No E 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. 4 Meets Standard YesV No Mr. Stachel was not aware that the unity of title cured the encroachment issue which was created by a code change. His intention was to combine his tax bills, and was never aware that the City could not release the unity of title at a later date. 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 Staff proposes that only that portion of the existing structure which encroaches into the rear 20 -foot setback be granted a variance. All future construction shall be in full conformance with existing codes. 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. s Meets Standard Yes L' No E The structure has now existed for 27 years old 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 No Only the existing structure is proposed for the variance. All future construction shall be in full conformance with existing codes. 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. 5 Meets Standard Yes No None proposed. 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. 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DATE S >Cl5r1N� 41QLK Z4 9F (o .zEg ,Sr .S .CF/AV /.9ti LOT /7 /3 /.F cas f m '1 0 r G NOW UIIIIIY BB11U$G[ t*BfMUI r∎ 25,001BN 75.ouim111 589•5•1 FAST B9 s(552•w IOI IL Sl Sll J36 125.8U NO 1 2 4 .9 9 7RE IN 1 /Z 'r g1A81(114 A U1. (SF flt) autos) MERINO 300A31M(15) EXH i 8lT F 1 Indian River County GIS ParcelID 31382600001336000017.0 OwnerName STACHEL CHARLES P Notes PropertyAddress 1698 CORAL REEF ST SEBASTIAN, FL 32958 lilt. C: <<DO('t 1 \1k I jl.ink2, O( 'Al S 1 1 emp '.:11 lia)899.htin 4:21;"20 0 IT PUBLIC UIIluiY r MAKE EASfMUJI LO N N Lo T I(a Flf1IP ACCORDING DATED MAY ZONE X. NORTH NO'Of02" E SPECIAL PUHPOSE SEIRYEY NA: CHARLES STACHEL uci 17 751(fltr•) Lei 18 10118,BLOM331, 9010 100.05(M59) -NUM EOO,OO'lflit) 00.05.vo» fr fl (bMAE. REEF ZTBEE( (50' flIw) r 1s.001B(C) 1(N9 1(10119'WEA9) N N I3o.00 (ft SFAHOliff 3111E 30.00Yflir.) 30.0110S) 30D01B1r.) 871I.23•(ME19) 075.Ui'(Afr) TO MAP NO. 12061C0090E, PANEL 90 OF 169, OTE: ADJOINERS SHOWN HAVE NOT BEEN SURVEYED. 4, 1989, THIS PROPERTY LIES IN FLOOD DRAWINGS ARE NOT TO BE RELIED UPON FOR SCALE PURPOSES. LOT 11 BLOCK 3317 3fDA3lin HIOHIAYS5 ULUI 13 As recorded In Plat Book 7 Pub I I c Records of ow goVER Pays 82A•82F County. Florida. P.C.P. -PERMANENT CONTROL POINT P.T. -POINT OF TANGENCY C. B. CONCRETE BLOCK WITH STUCCO CCOC.- CONCIIETE P.O. IL-POINT OF BEGINNING P.O.C. -POINT OF CCIMENCEMENT P.M/I.-PERMANENT REFERENCE MOMENT 6-CENTRAL ANGLE RES. RESIDENCE FAIL-FRO( STY. -STORY PROP.-PROPOSED O -IRON ROD SET. I /2'x IC .4 STEEL WITH YELLOW P.C.C. POINT OF CCpMp'O)mpC CLOVE P.C.-POINT OF CURVE AS-ASPHALT MEAS-IEASUfED REC.- RECORD PLAT PLASTIC CAP LB6426 El-CCOCIETE MONUMENT SET. Mx P.I. -POINT OF INTERSECTION A -ARC LENGTH T- TANGENT P.IA 1 D.E.-PUBLIC UTILITY G DRAINAGE EASEMENT 4'11 24' CONCRETE WITH I /2's la' .4 STEEL WITH YELLOW P.R.C.- POINT OF REVERSE CISIVE II-RADIUS FWD. -FOND N.C. Y.D.- NATIONAL GEODETIC VERTICAL DATUM TTP- TYPICAL.. PLASTIC CAP 13642611 CENTER !I -NAIL C DISK SET D/S op -ODD MILE O- NA/ODLE 'V -FIRE HYCRANT LF. E -LOWEST FLOOR ELEVATION 0/W -RIGHT DF MAY 0 DISK FOUND II-CONCRETE NO)41ENT FOUND q,- CENTEPLIIE GI-CABLE TY RISER0SOUTNEHI BELL RISER f.F. E-FINI3i FLC;F'i ELEVATIC' 1SL -IET0RP:AU ill-IRON POO FMK, -FENCE LINE -OVERHEAD WIRE SURVEYOR FOR E A S E M ENT S O *40 /9! SKETCH. MAYS OF RECOD. SURVEYOR'S NOTES: Iu 10 "IN$?ALLAT)QNi litr& Bearings based on Elevations based on ASSUMED DATUM N. D. V. D. of 1929 PAR The surrey end this dravins have been prepared is conform mlth applluble minIsum technical standards as sat forth B tits Florid' Board of Professional Land Surveyors In Chapter 21)41 -E Florida Administrative Code, pursuant to Section 172.027. Flor da Stetutee. .The certification Is purely a 'Wilmot of professional opinion baud en the Surveyor's knesla40.. Information and bailer wnlcn Is baud on *slating field evidence and documentary evidente as prOYldSd to the Surveyor. and Is not en exprumed or Iapl110 ,arrant or guarantee. This away Is for tea sole 'red axtluslYe benefit of the par Is mead hereon end for tM specific our ass nets', and must net be rally pon by any ether indimidugyor entity shat 1b (lability or *penal y Is assure by the under fold Surnyor for any other use of t. ro su or to any part t swirls y nasal( hereon. Copies of this draw net valid without t embossed, I of tk' Surrey and reproduct e e m mit out ItJ,my per Ion of the r Is busby Ker n A. Silts Floral Prehs onigandSVrriyar Nusbir 4457 DRAWN BY: (WON 1 SCALE: I z0' ENT RN ELEVATION TYPE DATE SPECIAL PURPOSE SU0YE JOB CK. BY 4.5.94 KEVIN A. SMITH LAND SURVEYING, INC. 60 1400 Palo Bay Road, N. E. Pall Bay,Florlda 32905 (407)724 -294 �x he) rT H II A LA o ENce oAC.ttIM T AP'r�+E -19Ss CaOf. C.%kANCr£. 1985 $ouSt. IDWTIFieS d Sul L0O A9►*t. AREA Fo R. 1494' p►•oo brio 199 ADD 'Two cllY° 13AilliNIN HOME OF PELICAN ISLAND GROWTH MANAGEMENT DEPARTMENT 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 FAX (772) 388 -8248 TO: Board of Adjustment FROM: Growth Management Staff DATE: April 23, 2010 SUBJECT: Sebastian Charter Junior High School Variance Extension On July 29, 2009, the Board of Adjustment approved a variance request for Sebastian Charter Junior High School reducing the required conditional use setbacks for proposed building modifications on their site. The setbacks were reduced to 10 feet from the north (side) 25 feet from the west (rear) and 50 feet from the south (side) property lines. As stated in the Land Development code, variances become void if not exercised within six months of the date, unless specifically determined otherwise in writing by the Board of Adjustment. However, before the six -month period has expired, the applicant may make a request to the Board of Adjustment by letter for an additional six months' extension. Amy Banov of Banov Architecture and Construction, Inc., has requested a six -month extension for the Sebastian Charter Junior High School variance. The request was received within the six -month period, as required by code, and has been placed on the agenda for Board consideration. For your assistance, the following items are attached: 1) letter of request; 2) Board order; 3) legal notice; 4) P Z minutes; 5) staff report; 6) site layout. January 11, 2010 City of Sebastian Board of Adjustment 1225 Main Street Sebastian, Florida 32958 To Whom It May Concern: Sincerely, Amy Ban. AIA Re: Variance for Sebastian Charter Junior High School Case No.:09 -VAR3 Cc: Mr. John Rivera, Chairman of the Board Mrs. Martha McAdams, Principal BANOV Architecture and Construction, Inc. JAN I 2010 This letter is to request a six -month extension for the above referenced variance. The variance was approved July 22, 2009. The Sebastian Charter Junior High School is in the process of preparing for site plan application. As per Sebastian Code 54- 1- 2.5(d)(5)(6), this request is being made prior to the expiration of the six -month period after approval. We appreciate your consideration on this matter. If you have any questions, please do not hesitate to call. Thank you. 2975 Twentieth Street Vero Beach, Florida 32960 772 299 -6565 www.banov.net CGCA24727 A Desi! n -Build Firm BOARD OF ADJUSTMENT City of Sebastian, Florida Application for Variance: Sebastian Charter High School Case No.: 09 11 At (Z-3 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER THIS CAUSE came on for public hearing before the Board of Adjustment of the City of Sebastian on July 22, 2009, and based upon the testimony and all of the evidence presented, the Board of Adjustment enters the following: FINDINGS OF FACT 1. SEBASTIAN CHARTER HIGH SCHOOL 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. 2. The 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. Public notice of this hearing was published on July 8, 2009, in the Press Journal, a newspaper of general circulation in the City of Sebastian. Notice of this hearing was also mailed to all property owners within three hundred (300) feet of the subject property, as shown in the records of the Property Appraiser of Indian River County, in accordance with the requirements of the Land Development Code. 4. The Growth Management Department of the City of Sebastian identified the criteria for determining variances, Section 54- 1 -2.5, Land Development Code. The Department found that each criterion was satisfied in the present application and recommended that the Board of Adjustment grant the requested variance. 5. A representative of the owners testified in favor of the variance. 6. No one appeared to testify in opposition. ATTEST: CLERK'O THE BOARD OF ADJUSTMENT CONCLUSIONS OF LAW Based upon a careful consideration of the evidence presented, and the applicable provisions of the Land Development Code of the City of Sebastian, the Board of Adjustment hereby determines that the requirements for granting a variance to the rear property setback in this instance have been satisfied. Specifically, these requirements are: 1. The existence of special conditions or circumstances; 2. The conditions were not created by the applicant; 3. Special privileges are not being conferred; 4. Hardship conditions exist; 5. Only the minimum variance is being granted; 6. There is no injury to the public welfare or to the intent of the ordinance; and 7. This is not a use variance. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, a motion to approve the requested variance was made by Board Member Simchick, and seconded by Board Member Wolff, and adopted by the Board by a vote of 5 in favor and 0 against. Therefore, the requested variance was GRANTED. DONE AND ORDERED in Sebastian, Indian River County, Florida, this 2Arid day of July 2009. CITY OF SEBASTIAN RICHARD GILLMOR, CHAIRMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN Published July 7, 2009 CflYOF 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 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. 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. area SLDa7 HOME Of PELICAN ISLAND 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 MINUTES BOARD OF ADJUSTMENT WEDNESDAY, JULY 29, 2009 5:30 P.M. 1. Mayor Gillmor called the Board of Adjustment Meeting to order at 5:30 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 Eugene Wolff Council Member Dale Simchick Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Growth Management Director, Rebecca Grohall Growth Management Manager, Jan King 4. ANNOUNCEMENTS: None 5. APPROVAL OF MINUTES: Regular meeting 7 -22 -2009 MOTION by Mr. Hill and SECOND by Ms. Simchick to approve the July 22, 2009 minutes passed with a unanimous voice vote of 5 -0. 6. OLD BUSINESS: None 7. NEW BUSINESS: A. QUASI- JUDICIAL 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. Board of Adjustment Meeting July 29, 2009 Page Two Mayor Gillmor opened the hearing at 5:31 p.m. and the City Attorney read the formal request by the Charter School. The following City Council Members disclosed ex -parte communication: Mr. Hill met with the applicant and visited the property Ms. Coy visited the property, had telephone conversation with Ms. Susan Boyd Ms. Simchick talked with Ms. Boyd Mr. Wolff met with the architect The City Attorney asked the Council Members if they could make a decision based on the record they were going to hear. All Members agreed that they could. The City Attorney asked the audience if anyone had a problem with the communications disclosed and there was no objection. The City Clerk swore in those who planned to give testimony. President John Rivera, Board of Directors, Sebastian Charter Junior High introduced himself, Principal Dr. McAdams of the school, other board members, and teachers. He said the school is an "A" school, ten years old, and they were seeking a variance on their setbacks to make improvements to the school. Amy Banov, Architect, Banov Architects, introduced Architect and General Contractor Robert Banov, and MVB Engineer Todd Howder. Ms. Banov described the current school's site, stated the code does not indicate why a 100 foot setback is needed, no other schools are subject to this requirement, and the parcel is too small to accommodate the requirement. She displayed aerials of the school and pointed out the setbacks (also found in the agenda packet). She said they based their request on public service zoning district setback requirements. She went over the details outlined in her attachment to the variance application and noted the adjacent north, west and east property owner has submitted a letter of support for the variance. Mayor Gillmor noted there weren't any exit notations from the building. Ms. Banov explained they haven't gotten to the building design yet but would adhere to all code requirements. The Growth Management Director noted for the record they did receive a letter and an e-mail from Mr. Mrs. Gibbs objecting to the project and a letter of support from Dr. Fischer. Mayor Gillmor described that he attended a school concurrency meeting for elected officials earlier in the day and for a new public sector junior high school 40 acres is required, exits are shown, and the whole school is fenced. 2 Board of Adjustment Meeting July 29, 2009 Page Three The Growth Management Director responded that the applicant wanted to proceed with the conditional use questions before the site design was entered into and they have proposed some opaque landscaping on the school's sides. Mayor Gillmor pointed out with a 10 foot setback; kids are off campus in a snap. Ms. Banov said the development design to follow will be much more intensive and if the fire code requires an exit there would be panic hardware with an alarm and they would adhere to all logical and required measures. Mr. Wolff asked when the project would start and how many students this would accommodate. Ms. Banov said they would start with design as soon as possible and the number of students is set. Mr. Hill noted there is a nearby establishment that sells alcohol and beer and asked if the expansion would move the school closer to the establishment. The Growth Management Director said it is measured to the property line which isn't changing but could affect what is developed on the vacant land in the future. Mayor Gillmor called for speakers in favor of the request and almost all of the audience stood. Damien Gilliams, 1623 US Highway 1, asked the Mayor to keep in mind there were other variances before the Board and all request for variances should be treated the same. Ms. Simchick disagreed, stating variances should be considered on a case by case basis. There were no speakers opposing the request. MOTION by Ms. Simchick and SECOND by Mr. Wolff to approve the variance requested by Sebastian Charter Junior High School. Ms. Coy said she was happy to support this project as the current school only adequately meets the needs of the school. Result of the roll call: Ayes: All Nays: None Passed 5 -0 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. 3 Board of Adjustment Meeting July 29, 2009 Page Four The City Attorney read the formal title of Dr. Shalhoub's request. There was no ex -parte communication to disclose. The City Clerk swore in those who planned to give testimony. The Mayor opened the hearing at 6:00 p.m. Rick Lefebure, Capp Custom Builders said he was available on behalf of Project Contractor Mickey Capp for any questions. The Growth Management Director explained they are asking for a 15 foot setback variance which is closest to the rear property line noting the lot is an irregular shape. She displayed the building footprint on the overhead projector. She said the previous zoning designation was RMH which would have provided for 20 foot required setback; there are unique conditions on the property; and staff recommended approval. She also pointed out the applicant is one of the sector industries targeted in the City's economic development plan. Mr. Wolff asked why the staff report mentions Sebastian River Medical is partnering with the construction of this facility. The Growth Management Director replied it is part of the medical sector industry. Dr. Shalhoub said it is being partnered to create a wound facility to 'relieve the hospital and provide more service. He explained the safety of the patients in wheel chairs, stretchers going from one point to another depend on the shape of the building, and this was the most efficient way to handle the facility. Ms. Coy congratulated Dr. Shalhoub for getting this far with his building and practice. Damien Gilliams, 1623 U.S. Highway 1, said he was in front of the Board for something very similar citing requests are not considered on a case by case basis, but who you are and who comes to support. Mayor Gillmor asked him to stay on Dr. Shalhoub's case. Mr. Gilliams continued that staff recommended denial which was selective, prejudiced, and not right. Mayor Gillmor asked him again to stay on topic and reminded him that he said he was neither for or against the request. Mayor Gillmor asked him why he was at the podium. Mr. Gilliams responded that there wasn't a category for "neither" and he hoped the Board voted consistently. Ms. Simchick asked the City Attorney if variance cases are to be considered case by case and if they set precedent. The City Attorney said each one has to be considered by the code standards which remain the same but the standard to the application is the critical factor. Mr. Wolff asked what the applicant's hardship is. The City Attorney responded the applicant has an irregularly shaped property, unusual elevation, an unusual request to use the site, and unusual traffic pattern. 4 Board of Adjustment Meeting July 29, 2009 Page Five Result of the roll call: Ayes: All Nays: None Passed 5 -0 8. CHAIRMAN'S MATTERS: None 9. MEMBERS' MATTERS: None 10. STAFF MATTERS: None 11. Being no further business, Mayor Gillmor adjourned the meeting at 6:17 p.m. Approved at the 9 3 0 0 Board of Adjustment meeting. Ri a d illmor, Mayor ATTE Sally A. Ma MMC City Clerk Joe Scozzari, 1401 Thornhill Lane, supported this request to add to the tax structure. There was no one to speak against the request and Mayor Gillmor closed the hearing. MOTION by Ms. Coy and SECOND by Mr. Wolff to approve the variance as requested by Dr. Hadi Shalhoub in regards to the property located at 13100 U.S.1. Mr. Hill said he knew Dr. Shalhoub had difficulties with his property in the past and hoped his future in the City will be very good. 5 SEBA HOME OF PELICAN ISLAND Growth Management Department Variance Application Staff Report 1. 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. Project Agent: Robert Banov Amy Banov Banov Architectures, P.A. 2975 20 Street Vero Beach, FL 32960 772 299 -6565 6. Project Engineer: Aaron Bowles MBV Engineering, Inc. 2455 14 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 a two- 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. 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: 2.15 acres (2) Current Land Use(s): charter school (3) Water Service: public water (4) Sanitary Sewer Service: public sewer 8. Staff Comments: Following is a comparison of setback requirements: 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 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 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 a two- 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. 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: 2.15 acres (2) Current Land Use(s): charter school (3) Water Service: public water (4) Sanitary Sewer Service: public sewer 8. Staff Comments: Following is a comparison of setback requirements: 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 Board Action: 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. Hold quasi-judicial hearing to consider the requested variance. Pr: ed by Jan Grc h Manag t Department 3 Date 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 PI' 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 a three -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 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 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. 4 Meets Standard Meets Standard Yes V 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 a two- 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. Yes Y No 0 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 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. 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. 5 Meets Standard Yes Q' 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 a single -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 6 Yes E` 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. 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