HomeMy WebLinkAbout07-28-2010 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
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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, JULY 28, 2010
6:00 P.M.
A. QUASI JUDICIAL PUBLIC HEARING:
Meeting of 6 -23 -10
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. A TEMPORARY MODULAR
BUILDING IS PROPOSED TO BE 60 FEET FROM THE SOUTH (SIDE)
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.
Citv Council Present:
Mayor Richard H. Gillmor
Vice -Mayor Jim Hill
Council Member Andrea Coy
Council Member Eugene Wolff
Council Member Don Wright
aIYOF
HOME OF PELICAN ISLAND
BOARD OF ADJUSTMENT
WEDNESDAY, JUNE 23, 2010 6:00 P.M.
MINUTES
1225 MAIN STREET, SEBASTIAN
1. Mayor Gillmor called the 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
Administrative Services Director, Deb Krueger
Building Director, Wayne Eseltine
Growth Management Director, Rebecca Grohall
Growth Management Manager, Jan King
Police Chief, Michelle Morris
Deputy Police Chief, Greg Witt
MIS Systems Analyst, Rob Messersmith
4. ANNOUNCEMENTS none.
5. APPROVAL OF MINUTES: Meeting of 5 -12 -10
MOTION by Mr. Hill and SECOND by Mr. Wolff to approve the minutes passed with a
voice vote of 5 -0.
6. OLD BUSINESS none.
7. NEW BUSINESS:
A. QUASI- JUDICIAL PUBLIC HEARING:
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.
Board of Adjustment Meeting
June 23, 2010
Page Two
Mayor Gillmor opened the hearing at 6:06 p.m. and the City Attorney read the case
title.
Council Members did not have any ex -parte communication to disclose.
The City Clerk swore in all those who would offer testimony.
Ms. Powers, Applicant, stated she went through three contractors and upon the
inspection of the slab; she was made aware of five issues that required revised
engineering drawings to bring her garage into compliance. The issues were
completed and at final inspection, she was told about the (non- conforming) setback.
The Growth Management Manager said the building was approved to be 28' from the
secondary front yard line but was found to be 15' after surveying which probably was
taken at the edge of the curb. She said that large of an encroachment would stick out
in a street with many houses but it is next to a City owned tract of land with a lift
station. The Growth Management Manager said the Planning and Zoning Commission
would have noticed the gabled end was turned so the garage sides appear larger and
completely blank. She said staff recommended elements be added to the sides to
break up wall and landscaping on sides.
Mr. Wolff noted the garage was an unusual height, and asked if there is intention to
use this as business in the future. Ms. Powers said there is a 10' room on top for
storage with a pull -down ladder.
Mr. Wolff asked if Coast to Coast Builders was the contractor that poured the original
foundation. The Building Official said Coast to Coast Builders did pour the slab and
they were released from the job after that.
Mr. Wolff said he remembered after the recent hurricanes, he tried to get contractors,
and they said they weren't registered in Sebastian. The Building Official explained that
if they are state licensed, they can work anywhere; a local licensed contractor is
licensed by the county and if you want to cross the county lines, you have to obtain
county reciprocity. He said the permit would not have issued to a contractor that was
not registered with the City.
Mr. Wright said the website indicates that the contractor has to get the required
permits, and asked what the contractor's penalties are if a contractor doesn't build
what they are supposed to. The Building Official said the unfortunate thing in this
contract is Coast to Coast Builders has been released and are no longer responsible
and he didn't have a clear answer regarding the setback.
Mr. Wolff asked what the process for digging the foundation trench is. The Building
Official said the City does a slab inspection before they pour the concrete and he
explained they normally do a form board survey but this one fell through the cracks,
the inspector said it was okay for fiber mesh only, soil was treated, a survey wasn't on
the site, and he wrote "pour at your own risk." He said the inspector's thought process
probably was that he wouldn't be out here if the form board survey wasn't done and for
whatever reason this one slipped through the cracks.
2
Board of Adjustment Meeting
June 23, 2010
Page Three
Mr. Hill noted the way the gables are on building, and asked at what point should the
trusses been caught. The Building Official said the inspector caught the trusses,
stopped the job, required revised drawings to show reverse of gabled ends, provide
engineering trusses for inspection and at that point the owner was still working on the
original engineer's plans so the owner had to hire a new engineer to draw up new
plans.
Mr. Hill said it seems a bunch of things went wrong, this doesn't come before the
Board very often, and this is just one of those that went through cracks. The Building
Official said the mindset of the inspector is to look at the steel, the verticals coming up,
and do our best to catch everything but some things fall through cracks.
Favor
Ms. Powers said if you look across the street, all buildings have roofs facing you, and
this is attractive.
There was no one to speak in opposition of the request.
Ms. Coy asked if a window could be put on each side. The Growth Management
Director said did provide a picture in the packet. Ms. Powers said they planned to use
the walls to put things on it. Ms. Coy asked that it would look more like a residence if it
had two windows on each side. Ms. Powers explained she has rented the property out
and the tenant is concerned with break -ins with windows.
MOTION by Mr. Wright and SECOND by Mayor Gillmor to approve with the provision
that staff recommendations be followed. The City Attorney clarified the motion should
be subject to staff's recommendation.
Staffs Recomendations
1. Landscape garage perimeter area with 27 shrubs, 24" height at planting,
within 60 days of granting this variance and before issuance of the
Certificate of Completion.
2. No future addition to the garage or any otherstructure 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
Mr. Wolff asked if the shrubs will survive frost. The Growth Management Director said
she could recommend plant materials.
Mr. Wright agreed to amend his motion to include an acceptable plant material and he
asked how the City enforces condition #2. The Growth Management Manager said the
structure that is in there now is getting a variance. The Growth Management Director
added there is an order that can include conditions approved or denied.
Mayor Gillmor asked if a decorative window would satisfy the Board. Ms. Coy said
staff's recommendation would be fine.
AYES: Hill, Coy, Wolff, Wright, Gillmor
NAYS: None
Motion carried
3
Board of Adjustment Meeting
June 23, 2010
Page Four
9. MEMBERS' MATTERS none.
10. STAFF MATTERS none.
11. Being no further business, Mayor Gillmor adjourned the Board of Adjustment meeting at 6:32
P.m.
Approved at the Board of Adjustment meeting.
Richard H. Gillmor, Mayor
ATTEST:
Sally A. Maio, MMC City Clerk
4
RICHARD GILLMOR, CHAIRMAN
BOARD OF ADJUSTMENT
CITY OF SEBASTIAN
Published July 13, 2010
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
28, 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
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. A TEMPORARY MODULAR BUILDING IS PROPOSED TO BE
60 FEET FROM THE SOUTH (SIDE) 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.
ova
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. A temporary modular building is proposed to be 60 feet from the south (side)
property line.
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
John Rivera, President, Board of Directors
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 school conditional use requirement
that any main or accessory building be located at least 100 feet from any property line. A
variance was granted by the Board of Adjustment on July 22, 2009 to allow a 10 -foot
setback from the north (side), a 25 -foot setback from the west (rear) and a 50 -foot setback
from the south (side). The variance was granted a six -month extension on May 12, 2010.
The architectural design of the buildings and the detailed site plan are now being
prepared. To facilitate the continued operation of the school during the site plan approval
and construction process, the Sebastian Charter School is requesting approval to place a
temporary portable classroom on the site, until completion of the new school, but no later
than December 31, 2012. The portable is proposed to be 60 feet from the south (side)
property line, whereas the code requires a 100 -foot setback. The existing variance [10-
foot setback from the north (side), 25 -foot setback from the west (rear) and 50 -foot
setback from the south (side)] was granted specifically for the construction of the new
facilities, and did not address the need for a temporary portable classroom. Therefore,
another variance is necessary.
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 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:
2
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 60
feet, along with the Collier Waterway 50 -foot R/W will provide a 110 -foot separation
between the commercial use and the residential district.
9. Board Criteria for Determining Variances:
See attached analysis.
10. Staff Recommendation:
The requested 60 -foot south (side) setback for the temporary portable classroom will still
provide the required separation from the residential district, and exceeds the setback of 50
feet approved for the permanent school facility by the Board of Adjustment in July 2009.
Staff recommends approval of the variance granting a reduction of the south (side) setback
to 60 feet for a temporary portable classroom, conditional upon removal of the portable at
completion and occupancy of the new school, but no later than December 31, 2012.
11. Board Action:
Hold quasi-judicial hearing to consider the requested variance.
ared by King
owth M. ment Department
3
7 -Z3 -10
Date
School
Conditional Use
Setback
Commercial
General
Setback
Public Service
Setback
Requested
Setback
South (Side)
100
5
10
60
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 60
feet, along with the Collier Waterway 50 -foot R/W will provide a 110 -foot separation
between the commercial use and the residential district.
9. Board Criteria for Determining Variances:
See attached analysis.
10. Staff Recommendation:
The requested 60 -foot south (side) setback for the temporary portable classroom will still
provide the required separation from the residential district, and exceeds the setback of 50
feet approved for the permanent school facility by the Board of Adjustment in July 2009.
Staff recommends approval of the variance granting a reduction of the south (side) setback
to 60 feet for a temporary portable classroom, conditional upon removal of the portable at
completion and occupancy of the new school, but no later than December 31, 2012.
11. Board Action:
Hold quasi-judicial hearing to consider the requested variance.
ared by King
owth M. ment Department
3
7 -Z3 -10
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
A special condition exists for the school requiring a 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). The temporary portable classroom is proposed
to allow the continued operation of the school on site during the
review and construction of the new facilities.
b. Conditions not created by applicant. That the special conditions and
circumstances do not result from the actions of the applicant. V Meets Standard Yes Ind'
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
The proposed 60 -foot setback will still exceed the setback necessary
for other commercial development 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
YesV No
Yes 6d No
Meets Standard
Meets Standard
5
Yes l' No
The proposed setback modification for a temporary portable
classroom will allow the school to alleviate overcrowding during the
construction of the new facility.
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/ No
This variance will provide for a temporary portable classroom during
review and construction of the new facility. Upon completion, the
temporary structure will be removed.
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 V No
Granting this variance will not be injurious to the public welfare. The
variance will help alleviate overcrowding in the existing school while
the new facility is under construction.
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
Sebastian Charter Junior High School is willing to entertain
conditions or safeguards that may be placed on the property.
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 GY No 0
The Sebastian Charter Junior High School agrees that the temporary
portable will be removed from the site upon completion and
occupancy of the newly constructed school, but no later than
December 31, 2012.
i. No use variance permitted in specified instances. Under no circumstances
shall the board of adjustment grant a variance to permit a use not generally
permitted in the zoning district involved or any use expressly or by implication
prohibited by the terms of the ordinance in the zoning district. No nonconforming
use of neighboring lands, structures, or buildings in the same zoning district and no
permitted use of lands, structures, or buildings in other zoning districts shall be
considered grounds for the authorization of a variance.
Meets Standard
Yes No
This variance is for relief from setbacks and is not a use variance.
Schools are permitted in this zoning district as a Conditional Use.
6
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B. Site Information
Address:
1 2)2 wa,-VE STREET 5eleAsr FL 3 21 68
Address: 1 $1 WAVE STREET •st 6A z) t 1= L
Lot: Block: Unit: Subdivision:
C4+ES5ERS GAP SU8 F
it
Indian River County Parcel
3 i3 1 3 °oDO D0000000 3. o
E -Mail: A.ta.y for s G3 h or-,3
Zoning Classification: Future Land Use:
AN Cr
Existing Use: Proposed Use:
SG Fop L— SGet DOL
Owner (If differen from applicant)
Name:
SE bAsTIAN) Cii-AK.TeZ JUGtoR 14 6 6 6+00L
Address: 1 $1 WAVE STREET •st 6A z) t 1= L
31958
Phone Number: (,12) 3 si5 3 FAX Number: (1-)2 3Sf, ea 1 S
Phone Number: (112) 219 (05 (05 FAX Number. ('-i2 )'1'1- 657
E -Mail: A.ta.y for s G3 h or-,3
E -Mail: banovarch bgllsouth.het
Applicant (If not owner, written authorization (notarized) from owner is required)
Name: a4(.I V A -R- c4-( trEc. T5 eA.
Address:
2 1 5 1 ST_ VERo 13E4c.l4 i FL.
329 too
Phone Number: (112) 219 (05 (05 FAX Number. ('-i2 )'1'1- 657
E -Mail: banovarch bgllsouth.het
ma
City of Sebastian
How of istucmnstAND Development Order Application
Permit Application No. /0 06C-3
Title of permit or action requested:
VA-K.1AIJGE.
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):
Se AN G' i4-AdeTER. cJvA/1oL #l614
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary):
V A4Z,l A-14 C 6EE AcTT C1-1- N1, E N T
DATE RECEIVED: LQ_/JS/ /O
CE+
JUN 15 2010
Z Growth Ment.
FEE PAID: .550 Dd RECEIVED BY: a g_
4) Ip 60-IS" /6
AIL* ,553
D. Project Personnel:
Agent:
Name:
Address
Phone Number. FAX Number:
E -Mail:
Attorney:
Name:
K•I.I,SS LL 12SEK)
Address Zoo VEZO EsEAGlr(1 loo
2t aoYA� PA-1-41 �-b i k1T'E sU C1�
Phone Number: 2 -q 4 I So 5 FAX Number 144- is 8
E -Mail:
Engineer:
Name: .S W .E N&1 N EE IZ t l3 40'i I N L. CToTPD IoW tJe Ifk.
Address 9-465 'ht PrVC lU E.
.g, Vt• 6 13eA -Gikt FL 3216 a
7 1 1 00 3 5 FAX Number: (1-12 11g S6 17
E -Mail: todd h rr bv2 nab cool
Surveyor:
Name:
Address
Phone Number: FAX Number:
E -Mail:
SIG
SWORN TO AND SUBSCRIBED BEFORE ME BY /4/ /4A/ 47 V
WHO IS PERSONALLY KNO ME OR PRODU D
AS IDENTIFICATION, THIS DAY OF -Juni E
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY
COMMISSION NO. /EXPIRATION
SEAL:
DATE
Permit Application No.
1, AMY 8 N 0 BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: 1 AM THE OWNER 1
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
6•!/- Zo
20
4 011411.4 1,41/4.
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dm My A. S. TAYLOR
CiJUISSION9pp
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named Puy ES: April 2013 1
U"derN►t6era
HOME OF PEU ISLAND
Supplemental Information
Application to the Board of Adjustment
Permit Application No.
1. This application is for a (check one): variance(s) appeal(s)
2. Specify all code provisions for which a variance is being requested or the
decision or decisions that you are appealing. (Attach extra sheets if
necessary):
A�(LT IGL.E YE SEC. A- (39) 6.3
6ET I5ArC ,S re P SG 400 L t e I SEE
DTI C.k ED
3. Legal description of the property involved:
C IAESSE '4P 3 U60 t V is t otJ PHASE IC
L-o'T
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.
Permit Application No.
The following Is squired for all comprehensive plan amendments, zoning amendments
(Including rezoning), site plans, conditional use permits, spoolal use permits, variances,
exceptions, and appeals.
1/WE, THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE
BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY /OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVE D C O T IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
17 I,1'i MPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
PROMIS
0 1/„7. /e
SIGNA 'E DATE
Swom to and subscribed before me by I'
who is personally kn me r producffid
as identi Io n, t is day of 20
Notary's Signature
Printed Name of Notary
Commission No./Expiration
Seal:
..•....1111o•26..
R. S. TAYLOR
MY COMMISSION DD 880491
EXPIRES: April 19, 2013
Bonded Thru Notary Public Underwriters
JUN 15 2010
Attachment P Z G!' ih P. 1 'lt•
Application for Variance from City of Sebastian Board of Adjustment
For Sebastian Charter Junior High School
782 Wave Street
Sebastian, Florida
June 2010
Summary of the Variance Request
Sebastian Charter Junior High School is requesting a variance to the 100' setback specified in
the Conditional Use requirements for schools: that "no main or accessory building should be
located within 100' of any property line." The variance from the setback requirement is being
requested for a temporary portable building to be located adjacent to the existing structure.
The portable will be 60' from the south property line, rather than the required 100'.
History
The Board of Adjustment has already issued a variance for this site to accommodate the new
permanent school building. Plans for this structure are underway based on the variance to
setbacks as follows: 10' on the north side yard, 50' on the south side yard and 25' on the rear
yard. A copy of the paperwork regarding that variance is attached. The primary elements
justifying variance relief are the same for this new request:
the need for a new school to replace the existing modular structure;
the desire to accommodate the school's enrollment in a single story structure;
the setback relief will allow the school to stay in operation during the construction of
the new school building;
the setback requested is less restrictive than what would be required of a commercial
project on the same site.
The current site plan accommodates a school of 240 students (capacity is based on parking
spaces provided); the new building is being designed to accommodate that capacity.
Enrollment for 2009 -2010 school year was 140. Projected enrollment for 2010 -2011 school
year is 160 students.
Temporary Structure
The portable will be removed from the site when the school occupies the new building, which
is to be built on the same site. This temporary portable will assist in the school's transition to
the permanent building by providing additional classroom space for students as enrollment
increases toward the capacity of the new building.
Variance Criteria
Criteria for determining variances as per the City of Sebastian code are as follows with the
school's response for each item.
a. Existence of special conditions or circumstances.
The special condition on the school is the 100' setback; all other properties in the Chesser
Gap PUD are subject to the setbacks of the underlying Commercial General zoning. The
variance that has already been granted for the new school building reducing the south setback
to 50'. The temporary classroom complies with this 50' setback. In addition, the need for
this classroom is temporary and will cease when the school occupies the new building.
b. Conditions not created by applicant.
The special conditions do not result from actions of the applicant.
c. Special privileges not conferred.
The proposed setback variance being requested is not more lenient than those prescribed
by Commercial zoning requirements in the Chesser Gap PUD or than the setback granted for
the school's permanent building.
d. Hardship conditions exist.
The additional classroom will prevent overcrowding of the existing school facility during
the interim period of growing enrollment while the new permanent school is being built.
e. Only the minimum variance granted.
The variance granted allows for a conventional 40' portable building.
f. Not injurious to the public welfare or intent of ordinance.
Granting this variance will not in any way be injurious to the public welfare. The addition
of the new portable will facilitate the transition to the new building, which will be in harmony
with the existing and future commercial buildings in the area as well as provide a better
educational facility for the students.
g. Conditions and safeguards may be imposed.
Sebastian Charter Junior High School is willing commit that the new portable will be
removed from the site when the new building is occupied. See attached letter.
h. Time limit may be imposed.
Sebastian Charter Junior High School is willing commit that the new portable will be
removed from the site when the new building is occupied. See attached letter.
i. No use variance permitted on specified instances.
This variance is for relief from setbacks and is not a use variance. Schools are permitted
in this zoning district as a Conditional Use.
Summary
The Sebastian Charter Junior High School is requesting that the south setbacks for its property
on Wave Street be reduced to 60' on the south side yard, to allow for the location of a
temporary portable.
07/22/2010 13:17 7722996578
July 21, 2010
Sebastian Charter Junior High
City of Sebastian
1201 Main Street
Sebastian, FL 32958
To Whom It May Concern:
Sebastian Charter Junior High School is requesting a set -back variance to accommodate a temporary
portable classroom which will be used until the new school is complete. It is our anticipated timeline to
have Phase 1 of the new school completed by the middle of 2012. This letter is to confirm that the school
agrees that the temporary portable will be removed from the site upon the completion and occupancy of our
newt *co :s school, but no later than December 31, 2012.
Jon Rivera
President
Board of Directors
Sebastian Charter Junior High
Sworn to and subscribed before me by
2010.
Notary's signature
A Charter School For Mulch School Aged Children
An equal opportunity educator and employer
BANOV ARCH PAGE 02/02
782 Wave Strut
Sebastian, FL 32958
(772) 388-8838
(Fpx) 772. 388 -8815
www.scjh.org
who is personally known to me, this al/ day of
Fiiit
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POINTO