Loading...
HomeMy WebLinkAbout06-23-2010 BOA Agenda1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: 5. OLD BUSINESS: 6. NEW BUSINESS: 7. CHAIRMAN'S MATTERS: 8. MEMBERS' MATTERS: 9. STAFF MATTERS: 10. ADJOURN GPI OF 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, JUNE 23, 2010 6:00 P.M. A. QUASI JUDICIAL PUBLIC HEARING: Meeting of 5 -12 -10 PATRICIA POWERS, IN REGARDS TO LOT 9, BLOCK 560, SEBASTIAN HIGHLANDS UNIT 16, LOCATED AT 106 HIGH COURT, IS REQUESTING A VARIANCE TO ALLOW A NEW GARAGE TO BE 15 FEET FROM THE SECONDARY FRONT YARD PROPERTY LINE, WHEREAS THE CODE REQUIRES 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. Mayor Gillmor called the meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Richard H. Gillmor Vice -Mayor Jim Hill Council Member Andrea Coy Council Member Eugene Wolff BOARD OF ADJUSTMENT WEDNESDAY, MAY 12, 2010 6:00 P.M. 1225 Main Street, Sebastian, Florida MINUTES City Council Absent: Council Member Don Wright (excused) 4. ANNOUNCEMENTS none. 6. OLD BUSINESS None 7. NEW BUSINESS: Board of Adjustment Minutes 011' OF HOME OF PELICAN ISLAND 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 MIS Senior Systems Analyst, Barbara Brooke -Reese 5. APPROVAL OF MINUTES: Meeting of 9 -30 -09 Meeting of 10 -28 -09 MOTION by Mr. Hill and SECOND by Ms. Coy to approve both sets of minutes passed on a voice vote of 4 -0. A. QUASI- JUDICIAL PUBLIC HEARING: CHARLES STACHEL, in regards to lot 17, block 336, Sebastian Highlands unit 13, located at 1698 Coral Reef Street, 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. Richard H. Gillmor, Mayor ATTEST: May 12, 2010 Page Two Sally A. Maio, MMC City Clerk The City Attorney read the case title. There was no ex -parte communication to disclose. The City Clerk swore in all who intended to present testimony. The Growth Management Manager explained the variance is a result of an unusual chain of events, whereby the setback met an earlier existing code provision in 1983 when the house was built which provided for a 15 foot setback, then a new LDC provision changed the setback to 20 feet and contained a grandfather clause for structures such as this, an addition was added in 1994 that was carefully positioned and approved, and then a unity of title combined the properties in 2005 and cured the property line encroachment, however, now the property is for sale and dividing the lots to sell separately presents the encroachment problem again. She recommended approval of the variance for the setback. MOTION by Mr. Wolff and SECOND by Mr. Hill to approve the variance. Mayor Gillmor opened the hearing, however, no one spoke in favor or in opposition to the request, nor were there any questions from Council. Result of the roll call: AYES: Hill, Coy, Wolff, Gillmor NAYS: None Motion passed. B. REQUEST FOR EXTENSION OF VARIANCE: SEBASTIAN CHARTER JUNIOR HIGH SCHOOL, in regards to property located at 782 Wave Street, 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. The City Attorney read the case title and noted this was not a quasi-judicial hearing. MOTION by Mr. Hill and SECOND by Mr. Wolff to approve the extension passed on a voice vote of 4 -0. 8. CHAIRMAN'S MATTERS none 9. MEMBERS' MATTERS none 10. STAFF MATTERS none 11. Being no further business, Mayor Gillmor adjourned the Board of Adjustment meeting at 6:10 pm. Approved at the Board of Adjustment meeting. 2 RICHARD GILLMOR, CHAIRMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN Published June 8, 2010 01Y OF 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, JUNE 23, 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 7.5(b)(2) OF THE SEBASTIAN LAND DEVELOPMENT CODE. PATRICIA POWERS, IN REGARDS TO LOT 9, BLOCK 560, SEBASTIAN HIGHLANDS UNIT 16, LOCATED AT 106 HIGH COURT, IS REQUESTING A VARIANCE TO ALLOW A NEW GARAGE TO BE 15 FEET FROM THE SECONDARY FRONT YARD PROPERTY LINE, WHEREAS THE CODE REQUIRES 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. 3. Project Location a. Address: b. Legal: 4. Project Owner: 5. Project Agent: 6. Project Surveyor: 7. Project Description: same c. Adjacent Properties: HOME OF PELICAN ISLAND Growth Management Department Variance Application Staff Report 1. Project Name: Powers Detached Garage 2. Requested Action: Variance requested from Section 54- 2- 7.5(b)(2) to allow a new detached garage to be 15 feet from the secondary front yard property line, whereas the code requires a 25 -foot front yard setback. 106 High Court Lot 9, Block 560, Sebastian Highlands Unit 16 Patricia Powers 6133 Spring Lake Terrace Ft. Pierce, FL 34951 772- 882 -9663 Kevin Smith Kevin A. Smith Land Surveying, Inc. 1350 Malabar Road, S.E., Suite 1 Palm Bay, FL 32907 a. Narrative of proposed action: Patricia Powers has requested a variance to allow a newly constructed garage to be 15 feet from the secondary front property line, whereas the code requires a 25 -foot front yard setback. b. Current Zoning: RS -10 (Residential Single Family) Zoning Current Land Future Land Use Use North: RS -10 residence LDR East: RS -10 city parcel LDR with lift station South: RS -10 residence LDR West: RS -10 residence LDR d. Site Characteristics (1) Total Acreage: .35 acres (2) Current Land Use(s): residential (3) Water Service: public water (4) Sanitary Sewer Service: public sewer 8. Staff Comments: Patricia Powers hired Coast to Coast Builders to construct a detached garage on her property located at 106 High Court. The contractor submitted for permits on November 23, 2009. The application had to be reviewed by the Planning and Zoning Commission because the garage, proposed to be 672 square feet, was over 500 square feet. A representative of Coast to Coast Builders presented the project to the Commission on December 3, 2009 at which time the accessory structure received zoning approval. The approved design indicated a 28 -foot setback from the secondary front yard line. The P Z packet, which includes the staff report, permit application and drawings, as well as the minutes of the meeting, is attached for your review. The building permit was issued on January 26, 2010. Subsequently she changed contractors several times and finally completed the project as an owner/builder. During the construction period, the Building Department also approved several requested changes to the construction plans. The Building Department requires a final survey before a certificate of completion is issued. The final survey revealed the garage to be 15 feet from the secondary front property line, instead of 28 feet as shown on the plan approved by both P Z and the Building Department. The subject property sits next to a large city -owned tract of land with an existing lift station. There are no other houses or garages along the east portion of the block to gauge the setback against. 2 As previously stated, the Planning and Zoning Commission reviews all accessory structures over 500 square feet in size. Regarding this size garage (672 square feet), the code states: "Accessory structures 501 square feet to 750 square feet in size shall be compatible with the overall general architectural design of the primary residence, including facade and materials, colors and trim, roofing materials and pitch." A field inspection has also revealed that the design elevations of the garage have been altered from the plan approved by the Planning and Zoning Commission. See photos attached. The roof was changed placing the gable end on the sides instead of the front and rear. Also, the side door was removed and placed on the rear. The side elevations now appear much larger because of the gable and the lack of architectural relief. Staff suggests that landscaping be used to offset this change to the plan approved by the Planning and Zoning Commission, rather than asking for changes to the garage itself. Larger accessory structures between 751 and 1000 square feet are required by code to provide foundation planting on all sides of the structure excluding entranceways and doorways, at the ratio of one shrub for every three lineal feet, 24 inches in height at planting. Since the elevations were changed after P Z approval, staff suggests that landscape shrubs be required for the garage perimeter using this ratio. The garage perimeter is 28.4 24.4 28.4 81.2 lineal feet. At one shrub per 3 lineal feet, 27 shrubs would be required. 9. Board Criteria for Determining Variances: See attached analysis. 10. Staff Recommendation: Staff recommends approval of the requested variance to allow a 15 -foot front yard setback for the existing detached garage, subject to the following conditions: 1. Landscape garage perimeter area with 27 shrubs, 24" height at planting, within 60 days of the granting of this variance and before the issuance of the Certificate of Completion. 2. No future addition to the garage or any other structure on the subject property may encroach into the 25 -foot front yard setback. 3. Add a window or decorative attic vent, on the east and west elevations (the blank facades) to give some architectural articulation to the structure. 3 11. Board Action: c —18 /D pl. ed by J 'ng Date Hold quasi-judicial hearing to consider the variance. "Move to approve a variance for 106 High Court allowing a 15 -foot front yard setback for the detached garage, subject to conditions outlined in the staff report." rowth Mana ent Department 4 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 subject property sits next to a large city -owned tract of land with an existing lift station. There are no other houses or garages along the east portion of the block to gauge the setback against. As such, it does not appear out of place. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes V No The owner did not create the problem. The original contractor made the error by not locating the garage slab according to the approved plan, which was not discovered until the final survey was submitted to the City. 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 When an encroachment issue is discovered, it is handled on a case by case basis. Consideration is given to the events leading to the need for the variance, as well as the surrounding property conditions. 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 C� No 5 Since the structure is complete, removal of 10 feet of the garage would create an unnecessary and undue burden to the owner, who did not create the problem. 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 V No Staff proposes only that portion of the existing structure which encroaches into the front 25 -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. Meets Standard Yes No The structure does not appear out -of -place because there are no other structures to the east on the south side of High Court, as it is a city -owned tract of land. 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 Conditions of approval shall be as follows: 1. Landscape garage perimeter area with 27 shrubs, 24" height at planting, within 60 days of the granting of this variance and before the issuance of the Certificate of Completion. 2. No future addition to the garage or any other structure on the subject property may encroach into the 25 -foot front yard setback. 6 3. Add a window or decorative attic vent on the east and west elevations (the blank facades) to give some architectural articulation to the structure. 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 Variance shall be conditional upon installation of 27 shrubs around the perimeter of the garage within 60 days of the variance approval, and before the Certificate of Completion is issued. 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 C�' No The request is not a use related variance. 7 101 CURVE DATA "C-1": R= 50.00' D= 90'00'00" A= 78.54' PROPERTY ADDRESS: 106 HIGH COURT SEBASTIAN, FLORIDA 32958 CER11RED TO: PATRICIA POWERS l M1 \-1/2 IRON ROD (NO I.D.) SURVEYORS NOTES: 1. LANDS 5141914 HEREON WERE SHOULD NOT ABSTRACTED FOR ADJOINING DEEDS, RIGHT -OF -WAY. OULD- BE CONNED WRIFN1E0 BY OTHERS THROUGH APPROP16A1E TIRE VE9FHCA11O/. 2. /WONDERS SHOWN HAVE NOT BEEN 5.79490 D. RAFI 3. DI90S ARE NOT TO BE RELTE0 UPON FOR SCALE PURPOSES. 4. ALL MEASUREMENTS ARE IN FEET AND OE(A/N. PARTS THEREOF AND ARE N ACCORDANCE WITH TIE STANDARDS CIF THE UNITED STATES (CIIIP1ER 5.117-6.003(1X8) FMC.) 5. PURSUANT TO ROMA LAW (FA0. 5117 -6. 003(17)) TM5 SURVEY 6 BASED ON A CLOSED TRAVERSE. B AN USE ONLY PROPERTY CORNERS FOR CONSTRUCTION OF FENCES D OVER IMPROVEMENTS. 7. 09 OPEN M40 NOTORIOUS EVIDENCE OF EASEMENTS AND *GM-OF -NAYS ARE TOWED 910 SHORN HEREON. THE SURVEYOR WS NOT LOCATED ANY UNDERGROUND UIUTIES OR FOUNDATIONS. SUCH MAY ENCROACH. 1. LEGAL n14DWFTION AS SHOWN WAS FRONDED VERBALLY BY CIJENT. 9. ELEVATIONS BASED 141 50.00' ASSUMED AT N/A 10. EIEVAT095 BASED Pi NNIOE0L 0DOEIC VERTICAL DAWN OF 1929 (PARENT BM. 5/57 014591 N 23.79 AND ARE O7PRESSED N AN FEET D OECNN. THEREOF. 11. 4ARNC5 81590 ON CCNTE7LME OF HIGH COURM ND BE NORTH (ASSUMED) 12 PLOT PLANS NE NOT TO BE USED FOR CONSTRUCTION LAYOUT PURPOSES. EM 13. LOT DIMENSIONS 410 86HC5 ARE RECORD AND MEASURED UNLESS OMERN15E NOTED. 14. SEPTIC TANKS AND %ELLS P AR SHOWN E A'PROMMTE LOCATIONS AND SUL OD BE F1ELD 100010D 8Y COHIPACIOR FOR CORRECT POSITION 4140 50PN11ON. 15. NORM ARROW A5 51101184 DOES NOT REPRESENT NORM OR TRUE NOR OR GEO NORTH. T B FOR APPROXIMATE POSITION ONLY. AN 18. ALL RIOT -OF- WAYS, ALLEYS, DIRT ROMS, D ASPHALT ROME IF SHOWN AE 0009 'Q Bair_ BOTH BY FOOT A440 4911== 094135 OTHERWISE NOTED Br (0.0592 10' TRAVEL). 17. 50194 90 AS S CMN ON PLOT PLANS WERE PRONGED BY CONTRACTOR. 18. IOPIINTN. O FEATURE N ACCURACY: TCPdMH6MO motto I SIGNS, W4E15, SALVES, MVLHOXES, POWER POLES. DRNE19Y5, CULVERTS, AND 56RIM 40(1085) LAVE A /0920411.1. FEMME ACCIPMY OF PLUS OFT MINUS 0.25 FEET. ND NETS. VERT1CAL FEATURE ACCURACY: ELEVATIONS ON THE SITE (GROUND. PAVEMENT. ETS. ETC.) MIEN. RAVE A TICAL FEMME ACCURACY OF P105 OR MINUS 0.10 FEET. 65 20. 1 SURVEY IS FOR TIME SOLE BENEFIT OF THE PARTIES NAMED HEREON AND FOR THE SPECIFIC PURPOSE NOTED. AND SHOULD NOT BE RELIED UPO44 X92 BY ANY 01 ENTITY, AND IS NOT TRN400(84BLE RR1008 ANY CIRCUMSTANCES. 21. NE 00001FD USE OF THE LAND 6 R19DENML /1E SWIM SWI RELATIVE DISTANCE ACCURACY 116 TY FOR 5 PE OF BOUNDARY SURVEY IS 1 FOOT N 7.500 FEET WHICH WAS MET N THE CASE OF TUNS SURVEY. 22. ALL EQUIPMENT USED N FIELD PERFORMING 114E F WORK ASSOCIATED WIN THIS SURVEY WAS TESTED AND CIIIBRATFD. ALL WORK WAS PERFORMED WTH M 0ECIROT60 TOTAL STATION FFAONG DIRECTLY 70 A 9919420 OF 5 SECONDS PER ANGLE 9TH A DISTANCE ACCURACY OF 1 PMT IN L 50. 000. A DATA WAS RECORDED USING A 010.0 DATA COLLECTOR 4440 T41. CONVE TIO FIELD NOTES THE BOUNOPNY WAS PERFORMED BY CREATING A CLOSED GEOMETRIC FIGURE MO ANY SIDE SOTS WEE ON DE USING A REDIWAVICY OF MEASRE:E S. BrevGN County (321)724 -2940 IM rP Y g SUITE ROAD SSUITE 1 J I,Md an Fiver County (772)589 -3228 Fax (321)951 -4879 PAUL BAY, FLORIDA C. S NA pp N3 .E SIMTl6URVERNO AOLCOM MAP OF SURVEY CERTIFICATE OF AUTHORIZATION L.B. 7426 !C(40 HIGH COURT M1�50' RIGHT OF WAY 20' ASPHALT PAVING 40.7' 5. 9' I -A /C UNIT EL- 24:84' 3' CONC. WALKWAY aD U1 N s Iv 3.3' 10.0' CONC. 6' PUBLIC UTILITY DRAINAGE EASEMENT WEST M1'k 125.00' M1H" (R &M) LOT 6 BLOCK 560 RESIDENCE LEGEND: N.V.W. NO VISIBLE WELL P.C.P. KRONOR CONTROL PONT PAC. POINT O OMROICOEIR PAS. PONT OF SEDINNING P.T. PONT OF TAMMY ANN.. INOPNE T 6OEREINE MOMENT R.P. RADIUS PONT P.C. FONT OF CURVATURE P.C.C. PORT OF COMPOUND 0NRMANINE PAC PONT Of REVERSE 01FMA1UNE N. R M DELLT I A S (CEERAL ANGE) A ARC f CDROIME T BLUR FAIL 8000 RUNE WARMED STE -5100 MO .9409 R/8 RIOT-OF -WW DEED TORE OR LESS NO I0. N0 I0041FIGATIN C.O.S. CONCRETE 8L00( STUCCO RES. N. 8 DICE PONEIR AND LENT PROP. PROPOSED TX 110448FORIER CONC. CONCRETE APPROX. NPROMMNE TYPICAL HOP. EDGE OF PAVEMENT T.O.S. APPROX. TOE OF S10* CO.W. MgO0C EDGE OF WATER LOT 9, BLOCK 560, 'SEBASTIAN HIGHLANDS UNIT 16" AS RECORDED IN PLAT BOOK 8 PAGES 45; 45A -453, PUBUC RECORDS OF INDIAN RIVER COUNTY. FLORIDA 1 c: 20' E,iRATE.ILAI?' NUMBER BOUNDARY SURVEY DRAWN BY: A. TEJADA FLOOD ZONE 10' EAST 75.00'(R &M) 4' 0 8i KEVIN A *OMEN J. SMITH 40 N CONCRETE DRIVEWAY 59.54 20', 24.4' ONE STORY 1}tAAE GARAGE N F.F.E- 2187 24.4' LOT 9 BLOCK 560 X IBC M1' J T.O.B. WAAL TOP Of 59401 0 0/5 OTFSET SCALE L.F.E. LOWEST FLOOR E.LVAIRON CARVE ADM EMOTION EW611ED FLOOR ELEWOON PA. PLAT 80041 8001 0. 0 DEED BOOK PAGE P.V.0 POLY%NCCHLORUE CALP. CORRUGATED METAL PPE R.C.P. BOT9ORCFO CONCRETE PPE C.P.P. CORRUGATED PM1S11C PPE I4(- FORT O WATER METOR mow NETOt,0040 IE SANITARY SEWER MANHOLE O STORY SERER MANHOLE SOUTHERN 6111 NVE10LE/NVOIOLE UNDER NANO ROOF O SOUTHERN BELL NUR VILE TWINER R1SM N GAS VALVE ti 2.92' 0 M1y -9-.-- FENCE N 2' MIAMI 8 CURB t TATTIER 1/2" IRON ROD (NO I.D) `1/2" IRON ROD (NO I.D.) THIS SURVEY DOES NOT REFLECT OR DETERMINE OWNERSHIP ®COPYRIGHT 2010 SMITH k ASSOCIATES SURVEYING AND MAPPING. INC. NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISE0 SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. RECLAIM WAIF0 MEIER GO SERVILE e WATER VALVE 2R 2' CONC. 44 WATER VALVE Q ARE HIOBVT RORER POE IT MPROIB4E TAN( IRON SEE OESCIWON O 1/� 91011 17111 81.05190 CPP WN® •Kw 18 74290 SET N. 4 0090. 1(2)(D) 0841 -SEE •M(A SININ 7421 SET (OMPTER 1101 1(2)0) FMC) ..10t. 6 051( SE EOCENE/4 D NTL&0611 MANED '49A SMUT LT 7426' SET (094106 610140051(2x0) 0440.) Q HUB TACK 5ET R/W May 21, 2010 Paricia powers (772) 882 -9663 6133 Spring Lake Terrace Ft Pierce, FL 34951 City of Sebastian Attention Jan 1225 Main St Sebastian, FL 32958 TO WHOM IT MAY CONCERN PERMIT 09- 001671 Requesting variance, for location, of garage site located at 106 High Ct in Sebastian, FL 32958. The location of this garage was not done intentionally and is no fault of mine. 1, Patricia Powers, owner of 106 High Ct in Sebastian, FL Hired: Coast to Coast builder of FL on November 14, 2009 to build an un- attached garage. Permit #09-001671 I, Patricia Powers, had asked Coast to Coast Builder of FL, to put the garage location, back further from the road, due to the fact that we were going to be backing up a 21 foot boat with a Lincoln automobile. Coast to Coast refused and stated they did not want the avocado tree to be on the roof. Coast to Coast builders, pored a cement foundation with out ordering or supplying a form board survey. I was told: Permit Department thought the survey was just not on the site. So inspection was written up conditional. Why would a contractor pour a cement foundation without going through the proper procedures? I, Patricia Powers, was never informed of any inspections being done. Not knowing how things worked and being too trusting of people that was hired to do this construction has put me in this position. Several things followed that was unacceptable with Coast to Coast builders of FL and does not pertain to this variance, that is being applied for. Please allow this variance of the garage's location Respectively, Patricia Powers B. Site Information Name: ,1 rcZj7Ci RP WI2r S Address: 6/33 `S./0/22 1 /-4 le re R ra e e.. F7 Pere e f 3 4'95/ Phone Number: (773) 'f 94 4 3 FAX Number: E -Mail: pall, 1au. rs 61 3.3 e C eih e 4 Vi ef Address: Lot: Block: c i _S 0 Unit: 16 Subdivision: S. btshan., h 4 /441.6 Indian River County Parcel It 3 9 8 ocoo 3 s'i 019 h or q. o Zoning Classification: Future Land Use: Existing Use: Propose Use: Applicant (If not owner, written authorization (notarized) from owner is required) Name: ,1 rcZj7Ci RP WI2r S Address: 6/33 `S./0/22 1 /-4 le re R ra e e.. F7 Pere e f 3 4'95/ Phone Number: (773) 'f 94 4 3 FAX Number: E -Mail: pall, 1au. rs 61 3.3 e C eih e 4 Vi ef S?N City of Sebastian Development Order Application Permit Application No.t�‘ Owner (If different from applicant) Name: Address: Phone Number: FAX Number: E -Mail: Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 -1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): R? V 'C`' r DATE RECEIVED: 5 i2(, 11O FEE PAID: 350 00 RECEIVED BY: C Z D. Project Personnel: Agent: Name: Address kr C Phone Number: E -Mail: Attorney: Name: h e Cr' 6 Address 1 1637 ,Fate t Z k- Roa Salle. /J4 5i Jails f2: 32 25 Phone Number: (gay) q3y 5)4 FAX Number: (410y 4 44 /3 E -Mail: #5 e DSJ'I1hesJ4 Engineer: Name, L2C scii al., ShDr Cr 1�S re, ,"�eer1h7(len,Sdc/d,A1l Address dd 8 I ipk 19 4F 0 ro .deetei,TZ -7/ Phone Number: (772 1/73 -.75-71 FAX Number: (772..)e:#12.- qjq- E -Mail: J- L 5 C Aire f A 6 e c 4 a e i a 0 h c raJ"7 4 4 9 Surveyor: Name: ��ee/ik) Sin, V4 SA1 0A0ss OCiAtes ariAc dr 0i4 7 Address Phone Number: (772. 3,1 3.22 FAX Number: '937- c/ a 79 Cell (32) 7 =3 ale og E -Mail: 1 Pa. T! ;c i CA 2 r J /1 fbL-t. BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: AM THE OWNER 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 ACCURATE-AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. V 2 0 /cD DATE SWORN TO AND SUBSCRIBED BEFORE ME BY p� Y' C C\ 'hx\ c)`C".AJ QV WHO IS AS IDENTIFICATION, THIS O TO OR y 20 1 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION SEAL: 4Y ?Pe_ ROSE M. BROWN MY COMMISSION DD 746783 4 EXPIRES: February 12, 2012 Bonded TMu Notary Public Underwn7xa Permit Application No. el-co/471 Permit Application No. 0 9 —00 /4 7/ 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. 1/WE, X' THE OWNERN THE LEGAL REPRESENTATIVE OF THE OWNENS) OF THE PR, PERTY SCR THE SUBJECT CF THIS APPLICATIM, HEREBY AUTHORCEE EACH AND EVERY MEMBER OF THE SOARD/COMMISSION OF THE CfTY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW erthihrFnIltle.t wrn.t tunliou PtPhanitsit". APPI ICATIntg 1/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE UwE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD/COMMISS/ON MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIR4 OR ASSERTION THAT MY/OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE 1 Irkirrpn STATFR Crit mom WFPF VICV Argn ray St tri4 FAITFRitdr: flP VIFWINP, THIS WAVER AND CONSENT IS BEING SIGNED BY MSUS VOLLUNTARY AND NOT AS A RESULT OF ANY COERCION APPLIED OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOROR OFFICIAL OF THE OF ST BA,STL1N 6 5 044%. -ex-e ,2 2 SIGNATURE Swom to and subscribed before me by c;\ c 5 who is personalty known to me or produced as identification. this D day YY\C- Notary% Signature Printed Name of Notary COrl tit tissic.311 NalExpiraiieri ROSE M. BROWN 1 MY COMMISSION DD 746783 ij EXPIRES: February 12,2012 Bonded Thru Notary NW Underwriters At necessary): HOME OF PEUCAH RAND Supplemental Information Application to the Board of Adjustment doke ?1 Permit Application Nol, j r d I 7/ 1. This application is for a (check one): ti 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 3. Legal description of the property involved: L c1 9 431oc k SL o 6 b4s i ter. 41 /Gtr oils p'GQpoe .3/ 39 ,S4'O9 0000 I. fl 4. Attach the following: 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. Additional data and information as required to properly advise the Board of the facts and circumstances needed to decide the case on its merits. 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 jt,c �Fj it�J c:2;4° s M fr t.- o 7* c' 1. Property Owner: 2. Contractor: 3. Requested Action: 4. Project Location: 5. Current Zoning: 6. Required Findings: Iior SL A T1AN HOME OF PELICAN ISLAND Growth Management Department Accessory Structure Staff Report Patricia Powers Coast to Coast Builders Approval of a 24' X 28' detached garage 106 High Court Lot 9, Block 560, Sebastian Highlands Unit 16 RS -10 Current Land Use: Single- family Residence A. No accessory structure shall be constructed until the construction of the principal structure has been started. 1. House completed I VEf house under construction 2. Accessory structure to be located on same lot as principal structure YD'S or located on second lot that has been combined with principal lot by a unity of tide or B. No accessory structure shall be located in any required yard (setback): 1. Front yard: No detached accessory structure shall extend beyond the front building line of the principal structure that is located on the same real estate parcel or lot. Principal structure setback is ay. 87 Accessory structure setback is 3 2. Front yard on corner lot: Accessory structures may not be located in the secondary front yard of an improved corner lot unless the corner lot is joined in unity of title with an interiof,,; lot that contains the principle structure. However, accessory structures shall not be located closer than from the secondary front property line in the district, and in all other zoning districts sh front yard setbacks. Secondary front t aS and proposed accessory struct e setback is R' ire Does Does Not Comply Comply yam ti k e Alk 2 Does Comply Does Not Comply 3. Side yard: Required side setback Accessory structure side setback is I 4. Rear yard: The required rear y. detached accessory structure may encroach l rear yard, provided it meets all the follow a. It is a minimum 10 feet from the rear property line. Proposed accessory structure has a 7/. b. It is not in an easement. Rear easement and proposed setback is 71. S' c. It does not exceed 400 square feet in lot coverage. Proposed accessory structure is Co`1 Q. square d. It does not exceed 12 feet in height. Proposed accessory structure is S feet in height. Accessory structures which are attached, or do not meet the above four requirements must meet the standard rear setback which is oZ 0 Proposed accessory setback is 7! -S' C. No mobile home, travel trailer or any portion thereof, or motor vehicle shall be permitted as an accessory structure. V D. Applicant must expressly designate the type of the accessory structure (i.e. garage, shed, etc.) DeTiltifet, Cr/bQ1�-G -E E. Must comply with all city codes. r/ F. The height of accessory structure cannot exceed height of principal structure. House is approximately /3. and accessory structure will be 1'4.. G. Attached or detached Quonset -type or style accessory structures are prohibited. H. A residential lot is allowed 5 square feet of accessory building area (cumulative) for every 100 square feet of lot area, up to a maximum 1000 square feet. Property square footage go x .05 ti/ Allowable sq.ft. of accessory structures ZRO Existing accessory structures 100 Proposed accessory structure (7 p Total existing and proposed T? 2 SF 2 7. Planning and Zoning Commission Review: Any attached or detached accessory building, carport or breezeway over 500 square feet in area must be reviewed and approved by the Planning and Zoning Commission utilizing the following criteria: Review fee has been paid: YES NO W/ KNIT Additional Considerations: R EG 04 G— t rEM F NO FILL IS 857/& F- ,OR&posec 'i- TItE Nt_w A-LoCiLiitgAV bRiVafidy Pee n t r e fi rr Prepared by Date 3 15 Net et F i t Cr! N to laN (r— ll' as/ o`l Does Comply Does Not Comply A. Accessory structures may not be constructed or maintained from corrugated metal or corrugated metal looking products. 1.7 B. The roof of the accessory building must have a minimum pitch of3:12. �.1� l/. C. Accessory structures 501 sq.ft. to 750 sq.ft. in size shall be compatible with the overall general architectural design of the primary residence, including facade and materials, colors and trim, roofing materials and pitch. D. Accessory structures 751 sq.ft. to 1000 sq.ft. in size shall be of the same architectural design of the primary residence, including facade and materials, colors and trim, and roofing materials and pitch. Foundation plantings shall be required on all sides of the accessory structure excluding entranceways and doorways, as follows: 1 shrub for every 3 lineal feet and 24 inches in height at planting. Lineal dimension totals 3 N I d �T Total Shrubs Required 7. Planning and Zoning Commission Review: Any attached or detached accessory building, carport or breezeway over 500 square feet in area must be reviewed and approved by the Planning and Zoning Commission utilizing the following criteria: Review fee has been paid: YES NO W/ KNIT Additional Considerations: R EG 04 G— t rEM F NO FILL IS 857/& F- ,OR&posec 'i- TItE Nt_w A-LoCiLiitgAV bRiVafidy Pee n t r e fi rr Prepared by Date 3 15 Net et F i t Cr! N to laN (r— ll' as/ o`l 0 T 0 ui Zs— 4 0 F 1 31 n 1 6S^W k)S W N 21 (S) (d) n 0 r .SIC 0 F '3'0 4 1 ld .9 904/ 3ON3GS3M 3VfY Ii AUOLS -1 '3 'n'd .9 (d) ,8rLe (S) ,9£'18 C -4111.14f, ILIUM Printing *Plotting Scanning Email Services Document Archiving Enlargements Reductions Full Color Services Notary Specialty Printing Document Shredding f u>g Laminating Supplies Bid Organizational Services Graphic Arts Services „91,90 *00 S 3 „00,00.00 S .S9'lZ ,LNIlOO HOIH 7/0 A 26.62 O O 26.72 _F2 M „00,00.00 N AI £z,4o*oo N (1) 0 m 0 �oo 8 Z E II V 4E a 'WH! LomPll KA iii XLU111, Oripou1 Ige Z- plr2.6-rup4 "T-PY-t• Apv--41 FLOOR PLAN 14 t7e-tiz. t I ,1 3" 4, -4. ,4 1 4* i1 H CODE COMPLIANCE T k14ALL tEE ALL Cai4i PEevuIPIEr14 cF 114 I .f A 1-0 MPH WIHP WORK DESCRIPTION: ©E74 BONDING COMPANY: ADDRESS: MORTGAGE LENDER: ADDRESS: FEE SIMPLE TITLE HOLDER: ADDRESS: HOME PELICAN IS4 SOWING DEPARTME 1225 MAIN STREET SEBASTIAN, TELEPHONE: (772) 589 -5537 FA) ALL OF THE FOLLOWING MUST BE FILLED IN BY APPLICANT, AC ORDING TO FS 713.135 TRACKING 11 le 1It1% DATE: fre INDIAN RIVER COUNTY PARCEL ID 11 RECEIVED �i [lsr LOT: BLOCK: S�'d' SUBDIVISION: .5.24,1-5 s...v A` �fi` p OD ZONE: TYPE OF WORK: NEW I I ADDITION ALTERATION I REPAIR 1 1 DEMOLITION WORK INCLUDES: STRUCTURAL X ELECTRICAL ZI PLUMBING Li MECHANICAL Li ROOFING OTHER jJ ESTIMATED JOB VALUE: S /7SA C° TOTAL S/F JOB NAME: 1 4 J O B ADDRESS: /�i d Ci PROPERTY OWNER'S NAME: ADDRESS: A 4 G/ CITY /STATE: ,4 72s f- PERMIT APPLICATION Builders of 15uit4in9 Tosnorro,ds Prcasxs— Tor(aii! 4 )(c CONTRACTOR: ec, 04 ,5 ADDRESS: 4'Y3 ,j-E) '`k A. CITY /STATE: V 'Lc, 3 7 5 4 7 ARCHITECT/ENGINEER: 7/7,2. t ADDRESS: 5/ S ,c f //yam CITY /STATE: a d Z ,cG 9 s'f TYPE OF CONSTRUCTION: 44' cL OCCUPANCY TYPE: CTTY /STATE: CITY /STATE: CITY /STATE: c1'" boast 4835 50th Drive Vero Beach, FL 32967 Phone: 772.360.8166 Fax: 772.794. cdalesl@comcast.net UNDER AIR PHONE: A AC 7/ 7 7 ZIP CODE PRESENT USE: PROPOSED USE: OCCUPANT LOAD: NUMBER OF: STORIES BAYS u UNITS U BEDROOMS U LIEIGHT U IS THE BUILDING PRESENTLY EQUIPPED WITH AN AUTOMATIC FIRE SPRINKLER SYSTEM? YES 1.ICENSI 4: so 98 PHONE: 77Z "Go Se, 44 ZIP CODE 12. P C PHONE: 772 "7 &5^� ZIP CODE: .T JAY S f PHONE: PHONE: PHONE: AREA L] NO J Flori4a, T i c• Cris Dales CGCI 508812 1 APPLICATION IS HEREBY MADE TO OBTAIN A PERMIT TO DO THE WORK AND INSTALLATIONS AS INDICATED. I CERTIFY THAT NO WORK OR INSTALLATION HAS COMMENCED PRIOR TO THE ISSUANCE OF A PERMIT AND THAT ALL WORK WILL BE PERFORMED TO MEET THE STANDARDS OF ALL LAWS REGULATING CONSTRUCTION IN THIS JURISDICTION. l UNDERSTAND THAT A SEPARATE PERMIT MUST BE SECURED FOR ELECTRICAL WORD PLUMBING, SIGNS, WELLS, POOLS, FURNACES, BOILERS, HEATERS, TANKS AND AIR CONDITIONERS, ETC. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. A CERTIFIED COPY OF THE RECORDED NOTICE OF COMMENCEMENT SIGNED BY THE OWNER, SHALL BE FILED WITH THE PERMITTING AUTHORITY IF THE VALUE IS $2,500 OR MORE, EXCEPT HEATING OR AIR CONDITIONING CHANGE OUTSLESS THAT $5,000. NOTICE: IN ADDITION TO THE REQUIREMENTS OF THIS PERMIT, THERE MAY BE ADDITIONAL RESTRICTIONS APPLICABLE TO THIS PROPERTY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THE COUNTY, AND THERE MAY BE ADDITIONAL PERMITS REQUIRED FROM OTHER GOVERNMENTAL ENTITIES SUCH AS WATER MANAGEMENT DISTRICTS, STATE AGENCIES, OR FEDERAL AGENCIES. ANY CHANGE IN BUILDING PLANS OR SPECIFICATIONS MUST BE RECORDED WITH THIS OFFICE. ANY WORK NOT COVERED ABOVE MUST HAVE A VALID PERMIT PRIOR TO STARTING. IN CONSIDERATION OF GRANTS, THIS PERMIT, THE OWNER, AND THE BUILDING CONTRACTOR AGREE TO ERECT THIS STRUCTURE IN FULL COMPLIANCE WITH THE BUILDING AND ZONING CODES OF THE CITY OF SEBASTIAN. NOTE: THIS PERMIT APPLICATION IS VOID AFTER 180 DAYS UNLESS THE WORK, WHICH IT COVERS, HAS COMMENCED. ALL CONTRACTORS MUST HAVE A VALID STATE CERTIFICATION, STATE REGISTRATION, OR COUNTY COMPETENCY PLUS A COUNTY —WIDE LICENSE PRIOR TO OBTAINING PERMIT. ALL ADDITIONS AND /OR REPAIRS MUST HAVE HOMEOWNER'S SIGNATURE ON APPLICATION OR r '�I4 SIGNATURE OF OWNER /AGENT QUALIFIER'S MATURE OR 0'W/3 l�f�/f,Cj�- �,�S PRINTED NAME OF OWNER /AGENT PRINTED NAM OF QUALIFIER DATE: DATE: Individuals who sign as the owner's agent must first obtain owner's written authorization to sign on their behalf STATE OF FLORIDA COUNTY OF T regoinstru>! i�tificatioi produced: re of Type) Official Sign ary Public sal Se -a- Notary Public State of Florida Denise D Young My Commission DD686286 e nai as acknowledged before,.®- this /j day of /4( 20 /9? by who is personally known or who has produced identification. 3 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING DECEMBER 3, 2009 Mr. Cardinale called the meeting to order at 7:00 P.M. The pledge of allegiance was said by all. ROLL CALL: ANNOUNCEMENTS: NEW BUSINESS: PRESENT: Mr. Dodd Mr. Simmons Mr. Cardinale EXCUSED: Mr. Buchanan Mr. Paul ABSENT: Mr. Srinivasan ALSO PRESENT: Mr. Neuberger Mr. Hepler Rebecca Grohall, Growth Management Director Jan King, Growth Management Manager Robert Ginsburg, City Attorney Dorri Bosworth, Zoning Technician APPROVAL OF MINUTES: Regular Meeting of 11/5/2009 LPA Meeting of 11/19/09 Mr. Cardinale announced that Mr. Buchanan and Mr. Paul are excused and Mr. Hepler and Mr. Neuberger will be voting. MOTION by Dodd /Simmons to approve the P &Z meeting minutes of 11/5/09. Motion was approved on roll call. MOTION by Simmons /Neuberger to approve the LPA meeting minutes of 11/19/09. Motion was approved on roll call. Mr. Cardinale asked for a voice vote to change the order of the agenda and hear new business before old business. All commissioners voiced approval. ACCESSORY STRUCTUIRE REVIEW SECTION 54 -2 -7.5 106 HIGH COURT 24' X 28' DETACHED GARAGE COAST TO COAST BUILDERS Ms. King reviewed the staff report. She noted the proposed height of the accessory structure is one foot higher than the house but this would not be a problem as no additional fill will be brought onto the property. Also, they will be required to obtain an auxiliary driveway permit from our engineering department. PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING OF DECEMBER 3, 2009 The applicant, Chris Dales, explained the structure will be a slab on grade and the height would be in close proximity of the house. Mr. Cardinale asked about landscaping and Ms. Bosworth explained it is not required because it is not over 750 square feet. MOTION by Dodd /Simmons to approve the accessory structure at 106 High Court as per staff recommendation. ROLL CALL: Mr. Neuberger yes Mr. Dodd yes Mr. Hepler yes Mr. Simmons yes Mr. Cardinale yes The vote was 5 -0. Motion passed. OLD BUSINESS: REVIEW AND RECOMMEND TO CITY COUNCIL —THE PROPOSED ANNEXATION AND RESTRICTIVE COVENANT FOR A 5.9 ACRE PARCEL LOCATED SOUTH OF VICKERS ROAD (A.K.A. 99 STREET) AND WEST OF THE F.E.C. RAILROAD Ms. King reviewed the annexation, land use and zoning change for this property. She explained that the commission recommends an appropriate zoning and land use for the property. This was done and recommended that both land use and zoning be industrial with a covenant that would run with the land. This covenant would restrict some of the industrial uses that would normally be allowed. The annexation was presented to City Council which approved the three ordinances on first reading, the annexation, land use and zoning. However, City Council asked that the covenant be reviewed by Planning and Zoning prior to the second reading. Staff believes that the covenant does meet the intent of the Planning and Zoning Commission. Mr. Cardinale asked the applicant for comments. Mr. John Malek, Vero Beach, FL, representing Bridgeton Properties made himself available to answer any questions. Mr. Simmons and some other commissioners were concerned about the industrial uses that would still be allowed under the covenant. Mr. Ginsburg explained the issue. There is no specific zoning category strictly for storage facilities. The covenant could have been written that the property will be used for storage facilities and ancillary use, or uses ancillary thereto, but wasn't. What they did do was review the industrial zone uses, and struck out a number of them. The covenant is in proper legal form and can only be done as a voluntary declaration restrictive covenant by the property owner, not a government body. Mr. Ginsburg added if a government body were to write a restrictive covenant it would be considered contract zoning and that's not permitted. We are allowed to accept a tender of a voluntary restriction that the owner's placing on his own property. It runs with the land, it binds the bank in case it is foreclosed, it binds subsequent purchases, and we can accept it and we can enforce it once it's accepted. 2