HomeMy WebLinkAbout03-09-2011 BOA Agenda1. CALI, TO ARTIER;
2. PLEDGE OF ALLEGIANCE:
3, ROLL CALI.:
4. ANNOUNCEMENTS;
5. APPROVAL OF MINUTES;
6. OLD BUSINESS;
7, J'JEW BUSINESS:
8. CHAIRMAN'S MATTERS:
9. )NF.MBERS' MATTERS•
10. STAFF MATTERS:
11. ADJOURN
HOME OF PELICAN ISLAND
GROWTH MANAGEMENT DEPARTMENT
1225 MAIN STREET SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589 -5518 FAX (772) 388 -8248
AGENDA
BOARD OF ADJUSTMENT
WEDNESDAY. MARCH 9, 2011
6 :00 P,M,
A. QUASI-JUDICIAL PUBLIC HEARING:
MICHAEL TOMASETTI IN REGARDS TO LOT 8, BLOCK 49,
SEBASTIAN HIGHLANDS UNIT 2, AT 746 WENTWORTH STREET, IS
REQUESTING A VARIANCE TO CONSTRUCT AN EIGHT (8) FOOT
FENCE ALONG THE SIDES AND REAR OF THE PROPERTY, WHEREAS
THE CODE WOULD PERMIT SUCH FENCE TO BE A MAXIMUM SIX (6)
FEET IN HEIGHT.
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 TFIE 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 114
ADVANCE OF THE MEETING.
JIM IIILL, CIIAIIUvIAN
BOARD OF ADJUSTMENT
CPfY OF SEBASTIAN
PLblished: February 22, 2011
C11YC
5 BTIN
HOME OF PELICAN ISLAND
GROWTH MANAGEMENT DEPARTMENT
1225 MAIN STREET SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589.5518 r 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, WI CONDUCT A KJE3I.IC HEARING ON WEDNESDAY, MARCH
9, 201], 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
7,7(e)(1) OF IHE SEBASTIAN LAND DEVE:.OPMENT CODE.
MICHAEL TOMASETTI, IN REGARDS TO LOT 8, BLOCK 49, SEBASTIAN
HIGIILANDS UNEI' 2, AT 746 WENTWORTH STREET, 15 REQUESTING A
VARIANCE. TO CONSTRUCT AN EIGHT (8) FOOT FENCE. ALONG THE SIDES
AND REAR OF TIIE PROPERTY, WIIEREAS THE CODE WOULD PERMIT SUCII
FENCE 7Y) BE A MAXIMUM SIX (6) FE T IN HEIGHT.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE EY I'l IE BOARD OF AUJIIS IMbNT
WI111 RESPECI' ID ANY MA I"LER CONSIDERED AI' PIIIS MEETING (OR IIRARING) W11.1. NEED A
RECORD ()F 11111 PROCREDTNGS AND MAY NERD TO INSURE TIIAT A VERBATIM RECORD OE THE
PROCEEDINGS IS MADE, WI UCH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE W1T11 T1FE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A
SPECLAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA coon! NA POR
AT (772) 589 -5330 AT I.EAST 48 HOURS IN ADVANCE OF THE MEETING.
Applicant (If not owner, written authorization (notarized) from owner is required)
1 Name:
M ;C k 0.-e
L
S 4- P• o eon 7$
To ena.S
t Aie.lti"f..rnf 4h
Address:
1 4 (0
Phone Number:
113,.
FAX
tit S $i o43 4
Number.
SGb as cn- ft- 3 2-9";
E -Mail:
E -Mail:
Owner (If different from applicant)
Name:
Address:
Phone Number:
FAX Number:
E -Mail:
mr
S+�aN City of Sebastian
Development Order Application
Title of permit or action requested:
r_.A54CU re•ca
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 -112" BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATESUPPLEMET.AL INFORMATION FORM.
A. Project Name (if applicable):
B. Site Information
Address:
7 co I,0ar,11.0-.) 0 rty• a
Lot: d Block: it q Unit:
8 r
Z Subdivision:
e..b 4$4-i 4.% 14 IS-. I a nets
Indian River County Parcel
c3 +t3 8- 12- 060 Olt%) 0060
Zoning Classificatio Future Land Use:
Existing tJse: re St Proposed U
Permit Application No. 1/ lJAR" -3
C. Detailed description of proposed activity and eurpose of the requested permit or action (attach
extra sheets if necessary): (-)PVT a c-L i S u e S
c
cwt -ca4 $ence Rt t Surr
props 5 fAre. x at, t-t eteis,r k(,e■
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DATE RECEIVED: JjS1 f 11 FEE PAID: 75.
C
RECEIVED BY:
Address
Agent:
Phone Number:
FAX Number:
E -Mail:
Address
Surveyor:
Phone Number:
Name:
FAX Number:
E -Mail:
Address
Atterna•
Phone Number:
FAX Number:
E -Mail:
v. r'rvjeci rei,wwsu.
Agent:
Name:
Address
Phone Number:
FAX Number:
E -Mail:
Atterna•
Name:
Address
Phone Number:
E -Mail:
Engineer:
Name:
1, iviickezp jtj.-&9 1 TUMyi e1-l. 82N0 FIRST DULY SWORN, DEPOSE AND SAY THAT: V I AM THE OWNER I
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH 15 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.
_/YthQ e-aAaatts
SIANATURE
SWORN TO AND SUBSCRIBED BEFORE ME BY Tk 1e[ L. 3"QA,%4sen»ru
WHO IS PERSONALLY KNOWN TO ME OR PRODUCED Ft- but QC.
AS IDENTIFICATION, THIS ;r DAY OF a r. 20 11
NOTARY'S SIGNATURE
PRINTEC NAME OF NOTARY
COMMISSION NO. /EXPIRATION
SEAL:
FAX Number:
Permit Application No.J1- t X -3
Jj11/i,
DATE
DOROTHY M. BOSWORTH
y t Cam* D00771461
A g Expires IY28J2012
V Roads Nota yAnn., Inc
Permit Application No. 11 VA 43
The following is required for all comprehensive plan amendments, zoning amendments
(Including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
I/WE, THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH 15
THE SUEJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE_ _(W COtR,.)t
BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERT AN VIEW THE PROPERTY tN
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 UNDF..R THE FLORIDA
CONSTr UTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT 15 BEING SIGNED BY LIE /U5 VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR CR OFFICIAL OF THE CITY OF SEBASTIAN.
SIGNATURE DATE
DATE thin f
Sworn t o and subscribed before me by M t t(t le lbM4FSeT'rt
Notary's Signature
Printed Name of Notary
Commission No. /Expiration
Seal:
DOROTHY M. BOSWORTH
Comm# 000771481
f Expkes 6/28/2012
Markle Nary Asa let
who is personally known to me or produced rt_(Xt R LEG
as iden:ification, this 51 day of Obi 20
2. Specify all code provisions for which
a variance is being requested or the
are appealing. (Attach extra sheets if
decision or decisions that you
necessary)•
LDG, Settco.. 54 a 7. 7 °xf)
14 h !arias (4 n
3. Legal description of the property involved:
Lo+ 8', tS)ocj- 4'9
.56.104,s+,
14 h !arias (4 n
4. Attach the following:
51a°14 •1
,NAB,ortic ,KW.D
Supplemental Information
Application to the Board of Adjustment
Permit Application No. 11 Ufl 9 -3
1. This application is for a (check one): t /ariance(s) appeal(s)
a. Boundary survey of the Droperty 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.
The names and addresses of all property owners whose properly or pad
of their real property is witvn 300 feet of any outer boundary of the lot
or parcel of land that Is stabled of the application.
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re, r,ic! T, ";n1,! It. .,.vC -yore :o. )'I1
1. Project Name:
3. Project Location
a. Address:
b. Legal:
4. Project Owner:
5. Project Contractor:
6. Project Surveyor:
7. Project Description:
owner
CYCIF
SEBASTIAN
HOME OF PELICAN ISLAND
Growth Management Department
Variance Application Staff Report
Michael Tomasetti Residence
2. Requested Action: Variance requested from Section 54- 2- 7.7(c)(1) of the Sebastian Land
Development Code to construct an eight (8) foot fence along the sides and rear of the properly,
whereas the code would permit such fence to be a maximum six (6) feet in height.
746 Wentworth S sect
Lot 8, Block 49, Sebastian highlands (]nit 2
Michael Tomasctli
746 Wentworth Street
Sebastian, FL 32958
772 581 -0434
Hugh Smith
Survey dated March 27, 1980
n. Narrative of proposed action: Mr. '1'omasctti has applied for a variance to
construct an 8-foot fence along the sides and rear of his property located at 746
Wentworth Street. The residence is an older hnrne ennstnicte..d in 1980, when less
till was required for the installation of the septic system, than is required today.
Newer homes to the southwest (side) and to the north (rear) have been built to a
higher elevation, causing a difference between the properties. The vacant
properly to the northeast has also bean elevated with fill, in preparation for future
construction.
It is the opinion of Mr. Tomasetti that a standard 6 -foot fence on his property will
not provide the privacy he wants, because ol'the elevation issues. Therefore, he is
requesting a variance for an 8 -foat fence.
b. Current Zoning: RS -10 (Single Family Residential)
c. Adjacent Properties:
d. Site Characteristics
(1) Total Acreage:
(2) Current Land Use(s):
(3) Water Service:
(4) Sanitary Sewer Service:
8. Staff Comments:
Staff has visited the site and met with the applicant. The property to the southwest of Mr.
Tomasetti's residence has installed a 6 -foot fence near their property line where the
elevation of the land is below the finish floor elevation of their house. Mr. 'fomaselti is
requesting an 8 -foot fence to acconunodate the lower elevation of his property.
Since 1990, three similar variances have been granted for higher fences where there were
significant elevation differences between properties. Prior to 1990, the code allowed 8 -foot
fences to be approved by the Planning and Zoning Commission.
9. Board Criteria for Determining Variances:
See attached analysis.
19. Staff Recommendation:
Staff recommends approval of the reques;ed variance to allow an 8 -foot privacy fence along
the sides and rear of the property at 746 Wentworth Street, not to extend into the front yard.
2
.95
residence
public water
septic system
Zoning
Current Land
Use
Future Land
Use
North: RS -10
residential
LDR
LDR
East: RS -10
vacant residential
South:
RS -10
residential
LDR
West:
RS -10
residential
LDR
b. Current Zoning: RS -10 (Single Family Residential)
c. Adjacent Properties:
d. Site Characteristics
(1) Total Acreage:
(2) Current Land Use(s):
(3) Water Service:
(4) Sanitary Sewer Service:
8. Staff Comments:
Staff has visited the site and met with the applicant. The property to the southwest of Mr.
Tomasetti's residence has installed a 6 -foot fence near their property line where the
elevation of the land is below the finish floor elevation of their house. Mr. 'fomaselti is
requesting an 8 -foot fence to acconunodate the lower elevation of his property.
Since 1990, three similar variances have been granted for higher fences where there were
significant elevation differences between properties. Prior to 1990, the code allowed 8 -foot
fences to be approved by the Planning and Zoning Commission.
9. Board Criteria for Determining Variances:
See attached analysis.
19. Staff Recommendation:
Staff recommends approval of the reques;ed variance to allow an 8 -foot privacy fence along
the sides and rear of the property at 746 Wentworth Street, not to extend into the front yard.
2
.95
residence
public water
septic system
11. Board Action:
Conduct quasi-judicial hearing to consider the requested variance.
P repared by Jan King, Manager Uate
Growth Management Department
3 -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:
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 V No
The elevation of the property at 746 Wentworth Street is
approximately 2 to 3 feet !owe than the surrounding properties.
Also, the lot is not a typical rectangle which has created an unusual
layout of houses in this area, as shown on the aerial map provided
with this staff report.
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 I
Environmental Health regulations governing the fill requirements for
septic systems have changed over the years. The higher septic
systems have caused the newer homes to be elevated more than
the older homes.
e. 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
4
Yes le/ No E
The elevation change between properties has created a situation
which causes a standard 6 €o0: fence to only provide the visual
privacy of a 4-foot fence.
d. Hardship conditions exist. That literal interpretation of the provisions of the
ordinance would deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of the ordinance and would
create unnecessary and undue hardship on the applicant.
Meets Standard Yes No El
Due to the existing topography of the subject property in relation to
the adjacent properties, a 6 -foot fence would not create the privacy
normally expected from such a fence. An 8 -foot fence would
equalize the elevation difference.
c. 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 C
The granting of this variance for an 8 -foot fence would be the
minimum necessary to provide the applicant with the level of privacy
normally provided by a 6-foot fence. The 8 foot fence may not
extend into the front yard.
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 invoked or
otherwise detrimental to the public welfare.
Meets Standard
The granting of this variance would be in harmony with the general
intent and purpose of the Comprehensive Plan and the Land
Development Code and will not be injurious to the area involved or
otherwise detrimental to the public welfare.
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 he deemed a violation of the
ordinance.
Meets Standard Yes LsY No L
5
Yes vZ" No fl
Staff recommends approval of the requested variance to allow an 8-
foot fence along the sides and rear of the property at 746 Wentworth
Street, not to extend into the front yard area.
h. Time limit may be imposed. The hoard 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
No time limit is being proposed.
Yes 11 No U
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 shalt be
considered grounds fur the authorization of a variance.
.Meets Standard Yes r�" No I I
The request is not a use related variance.
6
Indian River County, Florida Property Appraiser 4 Siter F ai
Print 1 Back
Parcel lt3
OwnerNamc
PropertyAddress
313812M1049000008.0 TOMASETTI MICHAEL 746 WENTWORTH n SEBASTIAN, FL 32958
Notes
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