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Home My WebLink About03-28-2012 BOA AgendaCm'oF �� .. .� , � � �, . ,- HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-$248 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, MARCH 28, 2012 5:30 P.M. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: Meeting of 2/22/12 6. OLD BUSINESS: 7. NEW BUSINESS: A. QUASI-JUDICIAL PUBLIC HEARING: LORRAINE DACEY, IN REGARDS TO LOT 20, BLOCK 232, SEBASTIAN HIGHLANDS LTNIT 6, LOCATED AT 874 CARNATION DRIVE, IS REQUESTING A VARIANCE TO ALLOW A SCREENED PORCH AND POOL AREA TO BE 7.7 FEET FROM THE REAR PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURES TO BE 10 FEET FROM THE REAR PROPERTY LINE. 8. CHAIRMAN'S MATTERS: 9. MEMBERS' MATTERS: 10. STAFF MATTERS: 11. ADJOURN ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT W[TH 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. �� S� ��a� i,:,e� �i - HOME OF PELKAN iSLAND BOARD OF ADJUSTMENT WEDNESDAY, FEBRUARY 22, 2012 - 6:00 P.M. 1225 Main Street, Sebastian, Florida MINUTES Mayor Hill called the Board of Adjustment meeting to order at 6:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Citv Council Present: Mayor Jim Hill Vice-Mayor pon Wright Council Member Andrea Coy Council Member Richard H. Gillmor Council Member Bob McPartlan Staff Present: City Manager, AI Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams Community Development Director, Joseph Griffin Senior Planner, Jan King Deputy Police Chief, Greg Witt MIS Engineer Analyst, Rob Messersmith 4. ANNOUNCEMENTS - none. 5. APPROVAL OF MINUTES: Meeting of 2-9-11 Meeting of 3-9-11 MOTION by Ms. Coy and SECOND by Mr. Wright to approve the February 9 and March 9, 2011 minutes passed with a voice vote of 5-0. 6. OLD BUSINESS - none. 7. NEW BUSINESS: A. QUASI-JUDICIAL PUBLIC HEARING: MICHAEL KINZLEY, in regards to his property, parcel no. 30-38-21-00001- 0000-00020.0 located west of US 1, north of the St. Sebastian Catholic Church and both south and east of the Shady Rest Mobile Home Park, is requesting a variance to allow his property to be cleared prior to site plan application. The City Attorney read the request and Mayor Hill opened the public hearing at 6:02 p.m. The Council members did not have any ex-parte communication to disclose. The City Clerk swore in all those who intended to offer testimony. Todd Howder, MVB Engineering representing the applicant, said the application was a land clearing exercise to improve the property for sale and recoup some of the loss incurred from removing gopher tortoises. He said the applicant planned to keep the habitat with the oak trees, provide a better view, and clear the Brazilian peppers. Board of Adjustment Meeting February 22, 2012 Page Two The Community Development Director said the variance for land clearing would not leave a scorched earth, the soil would be stabilized with hydro seeding, and it is hoped the gopher tortoises would not relocate to the cleared land. Mr. Wright asked how the applicant would keep the hydro seeding alive and whether stumps would be removed. Mr. Howder said the hydro seeding would be a tolerant variety such as Bahia seed and the stumps would be removed. Mayor Hill asked if the property would be maintained and kept up to code. Mr. Howder said the applicant planned to maintain the property and had no problem including such a stipulation. Ms. Coy suggested removing the invasive species from the buffer areas; and Mr. Gillmor asked if the property was surveyed. Mr. Howder said the applicant would be fine with removing the invasive species and the land was mostly saw palmetto. There was no public input. The Community Development Director said the City would monitor the oak trees and hydro seeding; and recommended approval. Ms. Coy thanked the applicant as there have been a lot of homeless people living on the property, the Shady Rest residents will feel safer; and she hoped it would help get someone interested in the property. MOTION by Ms. Coy and SECOND by Mr. Wright to approve the request with the stipulation that the property be maintained and invasive species are removed from the buffer areas. Result of the roll call: AYES: All NAYS: None Passed 5-0. � 8. CHAIRMAN'S MATTERS — none. 9. MEMBERS' MATTERS — none. 10. STAFF MATTERS — none. 11. Being no further business, Mayor Hill adjourned the Board of Adjustment meeting at 6:16 p.m. Approved at the Board of Adjustment meeting. Jim Hill, Mayor ATTEST: Sally A. Maio, MMC — City Clerk � • � G1Y OF �� ~� �: f. HQME 4F PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FIORIDA 32958 TELEPHONE (772) 589-5518 ■ FAX (772) 388-8248 www. c ityofs e b a sti a n. o rg PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY FLORIDA THE BOARD OF ADNSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING ON WEDNESDAY, MARCH 28, 2012, AT 5:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 54-2- 7.5(b)(1)a OF THE SEBASTIAN LAND DEVELOPMENT CODE. LORRAINE DACEY, IN REGARDS TO LOT 20, BLOCK 232, SEBASTIAN HIGHLANDS UNIT 6, LOCATED AT 874 CARNATION DRIVE, IS REQUESTING A VARIANCE TO ALLOW A SCREENED PORCH AND POOL AREA TO BE 7.7 FEET FROM THE REAR PROPERTY LINE, WHEREAS THE CODE REQUIRES SUCH STRUCTURES TO BE 10 FEET FROM THE REAR PROPERTY LINE. JIM HILL, CHAIRMAN BOARD OF ADJUSTMENT CITY OF SEBASTIAN 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. Published: March 13, 2012 � � � ; �� • ___.,i ��-�� _� _y= • � � � Community Development Department Variance Application - Staff Report l. Project Name: Lorraine Dacey Property 2. Requested Action: Variance requested from Section 54-2-7.5(b)(1)a of the Sebastian Land Development Code to permit an existing screened porch and pool to be 7.7 feet from the rear property line, whereas the code requires such structures to be 10 feet from the rear property line. 3. Project Location a. Address: b. Legal: 4. Project Owner: 874 Carnation Drive Lot 20, Block 232, Sebastian Highlands Unit 6 Lorraine Dacey 874 Carnation Drive Sebastian, FL 32958 772-918-8791 5. Project Agent: Pat Burklew, Real Estate Agent Joanne White, Real Estate Agent 6. Project Surveyor: Kevin Smith Smith Surveying and Mapping 1330 Malabar Road S.E., Suite 1 Palm Bay, FL 33907 321-724-2940 7. Project Description: a. Narrative of proposed action: Lorraine Dacey is requesting a variance to allow an existing screened porch and pool to be 7.7 feet from the rear property line, whereas the code requires a 10-foot setback. b. Current Zoning: RS-10 (Single-Family Residential District) c. Adjacent Properties: Zoning Current Land Future Land Use Use North: RS-10 residence LDR East: RS-10 residence LDR South: RS-10 residence LDR West: RS-10 vacant LDR d. Site Characteristics (1) Total Acreage: 0.23 acres (2) Current Land Use(s): residence (3) Water Service: public water (4) Sanitary Sewer Service: septic system 8. Staff Comments: The owner of the subject property, Lorraine Dacey, has it under contract to sell. A new survey of the property done last year shows the screened porch and pool area to be 7.7 feet from the rear property line. The residence, pool and screen enclosure were all completed in early 1998. The final survey provided at the time of C/O did not identify an encroachment. The encroachment was discovered when a new survey was prepared last year. Comparing the documents, structures on both surveys show the same dimensions. On the 1998 survey, although the front yard setback is dimensioned as 32 feet, the structure is drawn significantly closer to the front property line. This error on the survey drawing appears to have led to the rear yard encroachment. Besides the setback problem, a portion of the screened porch and pool area extends into the 10-foot rear utility easement. To correct that situation, Ms. Dacey has also made application to abandon 2.3 feet of the rear 10-foot public utility and drainage easement. A resolution to abandon a portion of the easement has been scheduled for consideration by City Council on the March 28, 2012 agenda. 9. Board Criteria for Determining Variances: See attached analysis. 2 � i 10. Staff Recommendation: Staff recommends approval of the variance granting a reduction of the rear setback to 7.7 feet. 11. Board Action: Conduct quasi judicial hearing to consider the requested variance. repared by King Community Development Department 3 �3 - zc� - � 2._ Date BOARD CRITERIA FOR DETERMINING VARIANCES Section 54-1-2.5 In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must use the following criteria for approving or denying a variance: a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Meets Standard Yes � No � The problem has existed since construction of the residence with screened porch and pool 14 years ago. The City has no record of any complaints from neighboring property owners, nor from any other governmental or utility agencies. 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 ❑ The owner did not create the encroachment. The encroachment is the result of an error on the original survey. c. Special privile�es 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 involving staff research of best available records. d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Meets Standard � Yes � No ❑ Although removal of the encroachment is an option, it is not a practical one. The edge of the pool is only 3 feet from the edge of the deck and screen wall. Removing 2.3 feet of the deck could jeopardize the stability of the pool itself. e. Only the minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Meets Standard Yes � No ❑ No additional variance, beyond what is needed to correct the existing encroachment, has been proposed. f. Not iniurious 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 encroachment has existed for 14 years without incident. �. Conditions and safe�uards mav 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 No conditions have been proposed by staff. Yes � No ❑ 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 None proposed. � Yes CC� No ❑ 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 ❑ The request is not a use-related variance. � I1 W r g, o 7C �i W � N z �-�— — - g o d � l�� n � � I�� t�ia� V � �(�O p m I J N V O � N V m r �n �C -� W� w PROPERTY ApDRESS: 87a CARNATION OR�YE SE8A571AN, FLOR�OA, 32458 CEfiTIFlm T0: RI�IARO LAP MAP OF SURVEY CERTtFlr.ATE Of' RUiHORIZAT10N LB. 7428 LOT 21 9LOCK 232 N89'55'15"E 125, a' ruauc urn�rr t orsnu�.c�e c.s TRJ • E � :� 1 Sl'flR1f C.6S N�fOStN.'[ iC ��S7C PaK � 6' PU9LIC 11TIlJTY di pRA1NAC� EA$EMpiT s$s•ss�is°w �2s.00� ��',� LOT 19 6LOCK 232 �wo/ae o� �a�+ SURVEYORS N07E5: - �, wos m�n io�Eax �m�c�m ron AwoMNe oaEOS, wan-a►-w�w. nirnti � Nw. M�, dry GefrO�ri-E/ Kmm, woi wvwwnoi,�w��o�a�� Ar. w �crnq� roo SHN�W BL G�w�tqp Mq W O�Mq 1MipIGM N'►NOMpNTt mlt M/RlOUqq. "� '�o�n � co�a�wtnn 2. AClvhotrs SHDIM hNt wt Sca lulMtvtO, no.�, - win x Kw�.o 7. O�q .wE W� �O K�RNO IPW �09 7EM6 �YN�MO. M, .'a+rt s u�ruKv �wM . /m�ort �tl�aea www 0. MJ. 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REVW A�54rtH.PS.M. � ' � flA CfRT. NO. 1457 Fs�sruw tucFtuwos ,urut s�� ii S RECOROFD W PUT BOOK 3 VACE GB . PUBLIC RECOROS F INONN RNER COVMY, FLORidt ' SM�r7"H� � SURVEYINO '8� � MAPPINQ, INC. 140o Palm'8cy Noe4 N.E P�U1 BAY, fLDRiOA 32905 . �mrd(�O7)7Y4-2Y�O�Melon Rh�'(407)36D-3228 iw(4o7)ob7-sQ79 Ci�`°�-}( C�c�;t�c� 1 5��1 City of Sebastian �` Development Order Application ��«� Applicant (!f not owner, written authonzation (notanzed) from owner is reqwr� Name �C� Yrc� i h � �Q,C,e Address: �%� c2�'' 1'�c�t ic.h r' � o l�c��3�ta1� Phone Number• �4j„� ) �°ij� � �y�� FAX Number: ( ) _ � E-Mail: Owner if different from Name: � Address: Phone Number. ( ) E-Mail: cant FAX Number: ( ) _ Permit Application No. Title of permit or action requested: � � , < �.�. � �Q ° c�e`� � PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND $-1/2" sY 11° COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL iNFORMATION FORM. A. Project Name (if applicable): (� �� / i�t �� n _, • ,._ _ \ ,<^ B. Site Information Address: �- �S`'7 � d�r Y�� 1��r ��.,,�� a Ic�. Loc�� Block: Unit: Subdivision: Indian River County Pa�rcel #: � �°� h �a` Y� , � l 3�' � 3 t� c�� 2� r� 3� c�=� t� •`� Zoning Classification. �� Future Land Use: S �2 �" Existmg Use tJ Proposed Use. C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessa C�1R c�.rr.l.Yii•��( DATE RECEIVEq��/� /�c� FEE PAID: $ � �� RECEIVED Y: � `t �• \.`, f '� ( i i` Permit Application No. D. Pro'ect Personnel: A ent: Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Attorne : Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: En ineer: Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Mail: Surve or: Name: Address Phone Number: ( ) - FAX Number: ( ) - E-Maii: I, ��e�--�-�'�3 ��`L��- , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: ✓ I AM THE OWNER _ I AM THE LEGAL REPRESENTATIVE F THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCU TE AND TRUE TO THE BES F MY KNOWLEDGE AND BELIEF. -�,�..��,� �� - :� �'"-;� ��"� I NATURE DATE SWORN TO AND SUBSCRIBED BEFORE Y��I�A.0 i'�P__ �� WHO IS PERSONALLY KNOWN TO ME OR PRODU ED j"�„ r(..._ AS IDENTIFICATION, THIS � DAY OF ' , 20L�. NOTARY�S SIGNATURE L-%(-.�% �-`"`-'--� PRINTED NAME OF NOTARY COMMISSION N0./EXPIRATION SEAL: ��1�111I� ;i:�w.::ryy� CYMNIA M. RICH �; .. MY COMMiSSION 8 DD 871347 �:� ;: EXP�RES: May 17, 2013 "; �o �aF:6;�'� Bonded Thru Notary Public Underwriters , �l. � l Permit Application No. The following is required for ail comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. (NVE, �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 WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PRO ES MADE, BY ANY EMF;��YEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. �z.-�� c..c � _��'�=�'�/�' SIGNATURE DATE Sworn to and subscribed before me by ��-��-�t.2-C t't � I JCx �- who is personally known.to me or produced�_ as identification, this � day of __��Q� � , 20 ". �y Notary's Signature Printed Name of Notary Commission No./Expiration Seal: w.�- - - - •; �W;, �r'�'e'c%�,n , CYtJTF11A M. RICH ��: ,; ,, MY COMMISSION # DD 871347 � �,.�; EXPIRES: May 17 2013 4�M'".�'PP F�o;:�' Bonded Thru Notary Public Underwrfters APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPUCANT. ACKNOWLEDGMENT DATE lj�-� Permit Application No. �� HOME �F PEUCAN KlA1V6 Supplemental I nformation Application to the Board of Adjustment _ 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): �'�2�� y " � "� �eo� - 3 � w_ 1 �� ' ��Z� � � r � I _ 3. Legal description of the property involved: 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.