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Home My WebLink About02-09-2011BOA Agenda1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: 6. OLD BUSINESS: 7. NEW BUSINESS: 8. CHAIRMAN'S MATTERS: 9. MEMBERS' MATTERS: 10. STAFF MATTERS: 11. ADJOURN Cm 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, FEBRUARY 9, 2011 6:00 P.M. A. QUASI JUDICIAL PUBLIC HEARING: Regular meeting 7 -28 -2010 IN REGARDS TO PROPERTY OWNED BY HALA SHALHOUB LOCATED AT 13100 U.S. 1, A VARIANCE IS REQUESTED TO ALLOW A PORTION OF A BUILDING TO BE 10 FEET FROM THE REAR PROPERTY LINE, WHEREAS THE REAR SETBACK HAS PREVIOUSLY BEEN ESTABLISHED AS 15 FEET. 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 Don Wright CITY OF tSEBRST1AN HOME OF PELICAN ISLAND MINUTES BOARD OF ADJUSTMENT REGULAR MEETING WEDNESDAY, JULY 28, 2010 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 City Council Absent: Council Member Eugene Wolff (excused) 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 MIS Systems Analyst, Rob Messersmith 4. ANNOUNCEMENTS None 5. APPROVAL OF MINUTES: 6 -23 -10 Meeting MOTION by Mr. Hill and SECOND by Ms. Coy to approve the minutes carried on a voice vote of 4 -0. 6. OLD BUSINESS None Board of Adjustment Meeting July 28, 2010 Page Two 7. NEW BUSINESS: A. QUASI- JUDICIAL PUBLIC HEARING: SEBASTIAN CHARTER JUNIOR HIGH SCHOOL, IN REGARDS TO PROPERTY LOCATED AT 782 WAVE STREET, REQUESTING 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. The City Attorney read the request and Mayor Gillmor opened the public hearing at 6:01 p.m. Ms. Coy disclosed that she had spoken to Charter School Principal, Mrs. McAdams, who said she would not be able to attend the meeting, but was in attendance. The City Clerk swore in all those who intended to offer testimony. Amy Banov, Banov Architects, P.A. introduced herself and Todd Howder from MBV Engineering, and presented a Power Point program. (see attached) In response to Mayor Gillmor, Ms. Banov noted the location of the proposed cafeteria, current cafeteria and proposed temporary modular classroom. The Growth Management Manager said this variance was brought to Council because staff did not want there to be an assumption that this was a part of the prior variance for new construction granted previously by the Board of Adjustment. She noted that staff wanted a firm commitment on the removal of the portable and it will be probably be removed sooner for phase two of the construction. Mayor Gillmor called for input from those in favor and opposed and there was no input from any individual. MOTION by Mr. Hill and SECOND by Ms. Coy to approve the variance for Sebastian Charter Junior High School, 782 Wave Street. Result of the Roll Call: Ayes: Gillmor, Hill, Coy, Wright Absent: Wolff Passed 4 -0 8. CHAIRMAN'S MATTERS None 2 Board of Adjustment Meeting July 28, 2010 Page Three 9. MEMBERS' MATTERS None 10. STAFF MATTERS None 11. Being no further business, Mayor Gillmor adjourned the meeting at 6:12 p.m. Approved at the Board of Adjustment meeting. Jim Hill, Mayor ATTEST: Sally A. Maio, MMC City Clerk 3 JIM HILL, CHAIRMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN Published: January 25, 2011 OIVOF 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, FEBRUARY 9, 2011, 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- 5.4(d)(5) OF THE SEBASTIAN LAND DEVELOPMENT CODE. IN REGARDS TO PROPERTY OWNED BY HALA SHALHOUB LOCATED AT 13100 U.S. 1, A VARIANCE IS REQUESTED TO ALLOW A PORTION OF A BUILDING TO BE 10 FEET FROM THE REAR PROPERTY LINE, WHEREAS THE REAR SETBACK HAS PREVIOUSLY BEEN ESTABLISHED AS 15 FEET. 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 Name: (.A L STO I /L -e s, c 8 1 Address: am Gf.s. )i SE 677,1A sr�finf, k 32958' Lot: Block: /St f9 Unit: Subdivision:_ `CiLur er f t,06:6�Ai✓ Indian River County Parcel 3D,38. creel ocvo, cam% f v /Q. 0 Zoning Classification: Future Land Use: Existing Use: Proposed Use: Owner (If different from applicant) Name: (.A L STO I /L -e s, c 8 Name: DIT /-lAo/ jHsw043 sr�finf, k 32958' Phone Number: 7v) gf 3452. FAX Number: (772 Address: /3/10 I,/,S. SE 1s77mn/ E -Mail: ✓1') /Ckcy 6 CQ f pCL''ST /kslerS Com Phone Number: (77Z )50 1 c 1e° FAX Number: 52,1 `ivi g E -Mail: I IaC k Sha /00g0) /]Y.I7/na. t e /fil Applicant (If not owner, written authorization (notarized) from owner is required) Name: (.A L STO I /L -e s, c 8 Address: 735 e0/ tce C A, z /V S'r.. 6, a- sr�finf, k 32958' Phone Number: 7v) gf 3452. FAX Number: (772 5 313 E -Mail: ✓1') /Ckcy 6 CQ f pCL''ST /kslerS Com City of Sebastian Develoament Order Application Permit Application No. V te 2_ Title of permit or action requested: j 19P01ok Z7 PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTT N THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 -1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): DR, „c' N 1 alk5 IttVI11) C ekr C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): S IkticvB 1ST Pk'n/ r/nig 7 Unt /zr ME Citric /Ty N1610AMay A DATE RECEIVED: 1 FEE PAID: 75- 00 RECEIVED BY: e---- Cie-- 379 8 D. Project Personnel: Agent: A0 (ij 7vin g'fcbE e5-, Art", Name: 1 l i& y twf'P Address 735 C ine,7z Jrc4 ��e, C'. =csos7 fit. 3z95Y Phone Number: (771 )5N -3"/-5Z. FAX Number: 5F9 3l3% E -Mail: 1 1 Attorney: Name: Address Phone Number: FAX Number: E -Mail: Engineer: Pk 04,26c5/ v6 ‘6v4miirFRe//t76 5- v'' cis LLC Name: T -frie (2/2./L b7 2: -367/5 Address /0-3 660.8A,eit C i ccar9s A, 329sES' Phone Number: (77z )52A 4079 FAX Number: (77z 38 6- oziz g, E -Mail: Surveyor: Name: /1p y//eST ANA ctg4 /F yOP.S._.a, 49 yH XST Address 2/4/5 9 sr „sv j 7E. 6 1 v mo 6310_1 a .44,2, Phone Number: (771) 5 9 6,613 FAX Number: (77Z 770 3Lf /6 E -Mail: 1, W /CN /L BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. //MAW SIGNATURE DAT TO •'E ME BY J) /ds4 87 WHO IS ONALLY KNOWN TO PRODUCED AS IDENTIFICATION, THIS 3 DAY OF 3-671u 4,-1 20 1 NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION SEAL: Permit Application No. e' Z 'PG RAVINA MICHELLE BARKLEY Commission DD 941921 :k 3 2014 Expires a EXP 800-385-7019 ,;G+•••• Bonded ThN Troy Fain Insurance /1/3/2 CV/ DATE Swo d subscribed before me by /1i¢6/ 4 5 #41.14-0 uB- who is pally is 3 known to me r produced a of 20 1 s °t�� I Aida Qa ,R, F Z _�1Vam�o 4r C9' issieR o./ motion Am)? 31 20/2- l. 0 .'3 Pubt Mitgr,eAkt,- Aft. Permit Application No. I V A Q- Z The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNERS) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I /WE MAY HAVE, DUE TO THE QUASI- JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WA R AND 0 ENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES DE4 A EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. 2. Specify all code provisions for which a variance is being requested or the that you are appealing. (Attach extra sheets if kr -rA cH t D decision or decisions necessary): 6 Lhi r 5ec4, a 59 2- S. 9 (0 )65) 3. Legal description of the property involved: /HAT Cr /cT /9 /y/N7 t OF PeE -sir as, milr I tw T ,liV D/ hAtal Ail A/D Act) hval/DR/i Lor /6 Pi /AJ'/ /i Agvr,e ,o/.✓ 6771, Lhi r �p HOME Of PELICAN KIAND Supplemental Information Application to the Board of Adjustment Permit Application No. 1 J V AR- Z- 1. This application is for a (check one): X 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. January 14, 2011 City of Sebastian Board of Adjustment 1225 Main St. Sebastian, FI. 32958 Re: Dr. Shalhoub Wound Care Center 13110 US 1 Sebastian, FI. 32958 CAPP CUSTOM BUILDERS, INC. 735 G Commerce Center Dr. Phone (772) 589 -3452 Sebastian, FL 32958 Fax (772) 589 -3131 Members of the Board, As you are aware we are constructing a new Medical Facility to be operated by the Sebastian River Medical Center at the North end of Sebastian. In June of 2009 we made application for a rear setback variance which was graciously granted by your board. Due to the economic problems with lenders, the project had been on hold until funding was available. In December of 2010, the project received financing and shortly after, construction permits were issued. Capp Custom Builders, Inc. began the project by laying out the building corners for fill dirt. After the building pad was constructed, I personally began the layout process with our crew using the setbacks I had been given by the surveyor. These dimensions were based on the location of the existing retaining walls. The first week of January we began construction on "the shell" of the building by placing the underground footing for the exterior walls to sit on. This stemwall type construction allowed us to move forward with exterior walls and obtain a stemwall survey. Everything seemed to layout correctly. We had a string line survey to make sure we had our footers in the right location. Then a stemwall survey once the block walls were in place. Everything was per our plan which the Surveyor and I were working from. After submitting the stemwall survey to the COS Building Department I received a call from the Building Official, Wayne Eseltine, saying a portion of the building was encroaching in the 15' setback. In disbelief, I started to research immediately. I found in error that a 5.3' x 10.2' (27 sq. ft.) triangle was encroaching into the setback in the N.E. corner of the property. Due to the long delay in the project and several revisions during the permitting process, I picked up the wrong revision from the file and proceeded. Unfortunately, the surveyor had that same plan as his last revision also. After meeting with Growth Management and the Building Dept. staff to see what our options were, they suggested a variance or cutting the corner of the building off. Moving the building was not an option due to the irregularity of the property and because we were as close as we could get to the retention area. The following morning, I met with Dr. Shalhoub to break the news to him. I gave him the options. He said the option of cutting the corner of the building back would jeopardize his agreement with the hospital. That is where the (3) Hyperbaric Chambers are located. 735 G Commerce Center Dr. Phone (772) 589 -3452 Sebastian, FL 32958 Fax (772) 589 -3131 By removing the corner, only two (2) chambers would fit in order to have the proper clearance required. Dr. Shalhoub explained the importance of the three (3) chambers in making the facility successful. The building was designed and staffed as a three (3) chamber facility. Capp Custom Builders, Inc. accepts full responsibility of this error. We are submitting a survey that shows the encroaching area of the north east corner of the building into the setback. Due to the irregularity of the property, the triangle shape is 5.3' x 10.2', or approximately 27 square feet of exterior wall and interior floor space. We would ask for your consideration in our request for the approval of the variance, due to the hardships that would exist for all parties involved. Thanking you in advance. Respectfully Submitted, Michael P. Capp #CGCO37323 CAPP CUST M BUILDERS, INC. Indian River County, Florida Property Appraiser Printer Friendly Map Print 1 Back g /,e4 3q x ioa °g`' �u,1i.' 30' u,v��• (�N.S-F&AJ Indian River County unty GIS 30382100001000000019.0 httn. /vxnxnxr irons nrn/PrintMan a crw PropertyAddress SHALHOUB HALA 13100 US HIGHWAY 1 SEBASTIAN, FL 32958 Notes Page 1 of 1 .1 60 Oo44 wid /'4 o 4i I 14014-fe S� Ac S/, To �`Ko4 F 03 w 3 0' off 14 I I; ti CoA,� oF B i I� 1 /2 /7111 1 3. Project Location 7. Project Description: SEB HOME OF PELICAN ISLAND Growth Management Department Variance Application Staff Report 1. Project Name: Dr. Shalhoub Medical Building 2. Requested Action: Variance requested from Section 54 2 5.4(d)(5) to allow a portion of a building to be 10 feet from the rear property line, whereas the rear setback has previously been established as 15 feet. a. Address: 13100 U. S. 1 b. Legal: That part of Lot 19 lying East of present U.S. Highway 1 in Town of Wauregan and also including Lot 18 of Indian River Twin Estates, Jeans Unit 4. Project Owner: Hala Shalhoub 13100 U.S. 1 Sebastian, FL 32958 772 -581 -8900 5. Project Contractor: Mickey Capp 735G Commercial Center Drive Sebastian, FL 32958 772 -589 -3452 6. Project Surveyor: William E. Hayhurst Hayhurst Land Surveying, Inc. 445 9 Street SW, Unit 7 Vero Beach, FL 32962 772 -569 -6680 a. Narrative of proposed action: A second medical building is currently under construction on Dr. Shalhoub's property located at 13100 U.S. 1. In July of 2009 a variance was granted by the Board of Adjustment to reduce the rear setback for the property to 15 feet, rather than 30 feet which is required when abutting a residential district or use. When not abutting residential, the rear setback is normally 10 feet. Justification for the variance included the irregularly shaped property, unusual elevations of this and surrounding properties, and the traffic pattern of the site. Michael Capp of Capp Custom Builders is requesting a variance modification to the previously approved 15 -foot rear setback. The specific encroachment is a 5.3 foot by 10.2 foot triangular area on the northeast corner of the building. Mr. Capp's request is due to an engineering error as outlined in his letter dated January 14, 2011, shown on the survey as a crosshatched area, and identified on the building floor plan, all of which are attached. b. Current Zoning: CR (Commercial Riverfront) c. Adjacent Properties: d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: 8. Staff Comments: 2 .98 medical office public water septic system The contractor for the project, Michael Capp, has outlined in detail the events that led up to the discovery of the building encroachment into the setback. Staff has analyzed the variance request based on the unique conditions of the site and the potential impact on the surrounding properties, as outlined in the attached Board Criteria for Determining Variances. Elimination of the encroachment could only be accomplished in one of two ways: 1. The entire building could be demolished and the building footprint moved 5.3 feet west. Zoning Current Land Use Future Land Use North: CG (City) RMH -8 (Co.) office residence RMU M -1 East: RMH -8 (Co.) residence M -1 South: CR office RMU West: CR mobile home park RMU residential district or use. When not abutting residential, the rear setback is normally 10 feet. Justification for the variance included the irregularly shaped property, unusual elevations of this and surrounding properties, and the traffic pattern of the site. Michael Capp of Capp Custom Builders is requesting a variance modification to the previously approved 15 -foot rear setback. The specific encroachment is a 5.3 foot by 10.2 foot triangular area on the northeast corner of the building. Mr. Capp's request is due to an engineering error as outlined in his letter dated January 14, 2011, shown on the survey as a crosshatched area, and identified on the building floor plan, all of which are attached. b. Current Zoning: CR (Commercial Riverfront) c. Adjacent Properties: d. Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: 8. Staff Comments: 2 .98 medical office public water septic system The contractor for the project, Michael Capp, has outlined in detail the events that led up to the discovery of the building encroachment into the setback. Staff has analyzed the variance request based on the unique conditions of the site and the potential impact on the surrounding properties, as outlined in the attached Board Criteria for Determining Variances. Elimination of the encroachment could only be accomplished in one of two ways: 1. The entire building could be demolished and the building footprint moved 5.3 feet west. 9. Board Criteria for Determining Variances: The contractor has determined that moving the entire building is not financially feasible and would create another issue with the stormwater system immediately to the west. The second option has been researched at length. As shown on the attached floor plan, removal of the building corner will reduce the capacity of the hyperbaric chamber room because of the clearances needed around the equipment. As such, the contractor has requested consideration by the Board of Adjustment for relief from the rear setback for the area of encroachment at the northeast corner of the building. 10. Staff Recommendation: Board Action: See attached analysis. 2. The 5.3 foot by 10.2 foot triangular area of encroachment could be removed. Staff has visited the site and reviewed all options. From the perspective of the residential property to the rear (east), it does not appear that the area of encroachment intensifies the visual impact of the medical building. Staff recommends approval of the requested variance to allow the triangular 5.3 foot by 10.2 foot northeast corner of the building to be 10 feet from the rear property line, as shown on the attached survey, with the following condition: Conduct quasi-judicial hearing to consider the requested variance. All future buildings or building additions (if ever proposed) must meet a minimum 15 -foot rear yard setback. ared by Jan Manager Date rowth Manage Department 3 BOARD CRITERIA FOR DETERMINING VARIANCES Section 54 -1 -2.5 In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must use the following criteria for approving or denying a variance: a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Meets Standard Yes Q' No The subject site is an irregularly shaped property with very unusual elevation issues. The property is not very deep and is also constrained by the elevation differences among adjoining properties, creating the need for a retaining wall. Also, the Shahloub property has a five -foot landscape strip on the outer side of the retaining wall along the north and east property lines. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes No Due to the specific needs of this medical building, reconfiguration of the layout of the building is not an option for the contractor. 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 narrow depth of this property and the radical elevation change to the east and north creates a unique situation restricting development. However, the side yard setback (north) is only required to be 10 feet, even though the rear yard setback is required to be 15 feet. d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other 4 properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Meets Standard The area of encroachment is located approximately 90 feet from the nearest point of the residential structure along the rear (east) property line. It is the rooftop of the medical building which is predominantly visible from that property. The residence to the north, (where the side yard setback is 10 feet and has no encroachment issue) is also approximately 90 feet from the area of the encroachment. The property to the north is visually more affected by the medical building in general, even though the side yard setback (10 feet) meets code. 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 CV No Yes G4 No Staff recommends the variance be granted, only for that portion of the building which currently extends into the 15 -foot rear setback (the triangular 5.3 foot by 10.2 foot northeast corner of the building). Staff suggests that the any future buildings or building additions (if ever proposed) meet the 15 -foot rear yard setback. 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 GA. No The area of encroachment does not appear to be injurious to the residential mobile homes in that area. The area of encroachment is approximately the same distance from both the residential structure to the east and to the north, as illustrated on the attached aerial map. 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 5 the terms under which the variance is granted, shall be deemed a violation of the ordinance. Meets Standard Yes Z No Staff recommends approval of the requested variance to allow the triangular 5.3 foot by 10.2 foot northeast corner of the building to be 10 feet from the rear property line, as shown on the attached survey, with the following condition: All future buildings or building additions (if ever proposed) must meet the 15- foot rear yard setback. 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 0 The site is currently under construction. Therefore, no time limit is necessary. 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. V Meets Standard Yes No The request is not a use related variance. 6 b 0 mJ M P1 zznlfnl" mm Nz 011l- A D o?o0�,;,07, 2� z g xo 1 o"' x i'x 0 ln xm o T'2 a m H 'lam 5v M >m Q n m g m 0O z 'l CF'1z D Z Dg i 'N..' m A oc min I_0 o O➢=Ammm >O�1 Cp0 C 0CD D 0 pp �0 Z CvCmDth ➢N4p J> z A o��C Oz01 -1�A�z �iZ �O ZI nF w orm n; F G ino"oy- �mx2ZVmm Z F� D v �7 D CJ �0 1300 r- C'Z Z D Z n SS m 2 -mz n r4,z lir rn m= O 7 d N o n l C\u go E11 4 3 °5� a �p�q gaff '8 r i ;I ;Al 1 Il 1 1; 44 NA 11 E oqp L 4 F r fi 3 1 7 O )ST. WINDONS o n rnmmnun¢r rnnnnn fl_ 11 nnmrnrnnn= nnnnn nnnjJn 0 i_ nnunuun =rnnman im r„ vo CD i