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Home My WebLink About04051995BOA• City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589 -5330 0 FAX (407) 589 -5570 MINUTES BOARD OF ADJUSTMENT WEDNESDAY, APRIL 5, 1995 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Firtion 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 (as Board of Adjustment) Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Staff Present: City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran City Attorney, Tim Williams Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio • • Board of Adjustment April 5, 1995 Page Two 4. OLD BUSINESS ACCEPT MINUTES OF AUGUST 24, 1994 MEETING AND ACCEPT MINUTES OF NOVEMBER 9, 1994 MEETING MOTION by Corum /Halloran I make a motion to approve the minutes of August 24, 1994 and November 9, 1994. ROLL CALL: Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye MOTION CARRIED 5 -0 5. NEW BUSINESS PUBLIC HEARING: Harvey W. and Sharren L. Hiller, in regards to Lot 20, Block 499, Sebastian Highlands, Unit 15, are requesting a variance from Section 20A- 3.4(D)6(a) of the Land Development Code to allow a structure to be 19.65 feet from the front property line, whereas the code requires structures to be a minimum of 25 feet from the front property line. Mayor Firtion opened the public hearing at 6:02 p.m. The Director of Community Development briefly explained the request, and recommended approval. Harvey W. Hiller and the Director of Community Development were sworn in, and Mr. Hiller offered testimony. City Council discussion followed. Mayor Firtion closed the public hearing at 6:10 p.m. MOTION by Halloran /Damp I make a motion that the variance be granted for the Hiller property. Vice Mayor Corum inquired whether the variance meets conditions of 20A- 11.2(D)(3) and whether criteria should be indicated in the approval. 2 Board of Adjustment Meeting April 5, 1995 _ Page Three The City Attorney said all criteria must be met, however, it is not necessary to state compliance in each case. ROLL CALL: Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye MOTION CARRIED 5 -0 PUBLIC HEARING: Ameron Homes, in regards to Lot 21, Block 396, Sebastian Highlands Unit 11, is requesting a variance from Section 20A -5.6B of the Land Development Code to allow a well within a front yard, whereas the code requires the well to be located within either the portion of the side yard that is not forward of the front building line or within the rear yard. Mayor Firtion opened the public hearing at 6:14 p.m. The Director of Community Development briefly 10 explained the request, noting the proposed location is in a secondary front yard, stated it will not be an imposition to adjacent lots, and recommended approval since adjoining lots are developed. Mayor Firtion closed the public hearing at 6:18 p.m. City Council discussion followed relative to the proposed location of the well in the front yard setback. MOTION by Corum /Cartwright I make a motion to approve the variance for Lot 21, Block 396, Sebastian Highlands Unit 11, to place a well in the front yard based on Land Development Code criteria to determine variances. ROLL CALL: Mrs. Damp - aye Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye MOTION CARRIED 5 -0 • 3 Board of Adjustment Meeting April 5, 1995 Page Four is PUBLIC HEARING: William and Elizabeth Elliott, in regards to Lot 18, Block 248, Sebastian Highlands Unit 10, are requesting a variance from Section 20A- 3.4(D)6(b) of the Land Development Code to allow a structure to be 5.3 feet from the side property line, whereas the code requires structures to be a minimum of 10 feet from the side property line. Mayor Firtion opened the public hearing at 6:21 p.m. The Director of Community Development explained the request, noted the house was built in 1984, that a setback variance was granted to a previous owner in 1987, and recommended approval based on past history. William Elliott, 734 Belfast Terrace, Sebastian, was sworn in and offered testimony relative to the proposed addition. City Council discussion followed. The Director of Community Development stated that the easement will have to be abandoned or letters of non - objection obtained from utilities prior to permitting, noted that no open ended variance will be considered. Vice Mayor Corum requested a clarification on pervious surface requirements in this zoning in writing. Mayor Firtion closed the public hearing at 6:35 p.m. MOTION by Corum /Cartwright I move to approve the variance for Lot 18, Block 248, Unit 10 for 4.7 feet into the side property line for the building area only. ROLL CALL: Mr. Halloran - aye Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright aye Mrs. Damp - aye MOTION CARRIED 5 -0 • 4 Board of Adjustment Meeting April 5, 1995 Page Five PUBLIC HEARING: Marshall K. Waddell, in regards to Lot 8, Block 568, Sebastian Highlands Unit 17, is requesting a variance from Section 20A- 3.4(D)5 of the Land Development Code to reduce a garage to a clear interior dimension of approximately 15.33 feet by 19.56 feet, whereas the code requires a minimum interior clear dimension of 10 feet by 20 feet. Applicant also requests a variance from Section 20A- 3.4(D)6(b) of the Land Development Code to allow the structure to be 9.93 feet from the side property line, whereas the code requires structures to be a minimum of 10 feet from the side property line. Mayor Firtion opened the public hearing at 6:36 p.m. The Director of Community Development explained the two variance requests and recommended approval. City Council discussion followed. TAPE I - SIDE II (7:45 p.m.) City Council discussion continued. Vice Mayor Corum inquired whether approval can be given if criterion described in item 20A -11.2 (A) is not met. The City Attorney responded that it appears that it has been met due to location of the house in error. Kyle Waddell, Vero Beach, was sworn in and offered testimony relative to the adjoining lot being unbuildable. Mayor Firtion closed the public hearing at 7:56 p.m. MOTION by Halloran /Damp I make a motion that we grant the exception for Marshall Waddell, Lot 8, Block 568, Sebastian Highlands, Unit 17 as requested. ROLL CALL: Mayor Firtion - aye Vice Mayor Corum - aye Mrs. Cartwright - aye Mrs. Damp - aye Mr. Halloran - aye MOTION CARRIED 5 -0 C: 5 Board of Adjustment Meeting April 5, 1995 Page Six 6. CHAIRMAN'S MATTERS None. 7. MEMBERS' MATTERS None. 8. BUILDING OFFICIAL MATTERS None. 9. Being no further business, Mayor Firtion adjourned the Board of Adjustment meeting at 6:50 p.m. Approved at the , 1995, City Council �� I• r �--7 )n -a -Z�-&tl Kathry M. O'Hallo an, CMC /AAE City Clerk It 6 Arthur L. Firtion, Mayor City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589 -5330 0 FAX (407) 589 -5570 A G E N D A BOARD OF ADJUSTMENT WEDNESDAY, APRIL 5, 1995 6:00 P.M. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. OLD BUSINESS: ACCEPT MINUTES OF AUGUST 24, 1994 MEETING ACCEPT MINUTES OF NOVEMBER 9, 1994 MEETING 5. NEW BUSINESS: PUBLIC HEARING: HARVEY W. AND SHARREN L. HILLER, IN REGARDS TO LOT 20, BLOCK 499, SEBASTIAN HIGHLANDS UNIT 15, ARE REQUESTING A VARIANCE FROM SECTION 20A- 3.4(D)6(a) OF THE LAND DEVELOPMENT CODE TO ALLOW A STRUCTURE TO BE 19.65 FEET FROM THE FRONT PROPERTY LINE, WHEREAS THE CODE REQUIRES STRUCTURES TO BE A MINIMUM OF 25 FEET FROM THE FRONT PROPERTY LINE. PUBLIC HEARING: AMERON HOMES, IN REGARDS TO LOT 21, BLOCK 396, SEBASTIAN HIGHLANDS UNIT 11, IS REQUESTING A VARIANCE FROM SECTION 20A -5.6B OF THE LAND DEVELOPMENT CODE TO ALLOW A WELL WITHIN A FRONT YARD, WHEREAS THE CODE REQUIRES THE WELL TO BE LOCATED WITHIN EITHER THE PORTION OF THE SIDE YARD THAT IS NOT FORWARD OF THE FRONT BUILDING LINE OR WITHIN THE REAR YARD. PUBLIC HEARING: WILLIAM AND ELIZABETH ELLIOTT, IN REGARDS TO LOT 18, BLOCK 248, SEBASTIAN HIGHLANDS UNIT 10, ARE REQUESTING A VARIANCE FROM SECTION 20A- 3.4(D)6(b) OF THE LAND DEVELOPMENT CODE TO ALLOW A STRUCTURE TO BE 5.3 FEET FROM THE SIDE PROPERTY LINE, WHEREAS THE CODE REQUIRES STRUCTURES TO BE A MINIMUM OF 10 FEET FROM THE SIDE PROPERTY LINE. PUBLIC HEARING: MARSHALL K. WADDELL, IN REGARDS TO LPT- 8, BLOCK 568, SEBASTIA HIGHLANDS UN 17, IS REQU ING A VARIANCE FROM SEC /AA (D) OF THE LAND DEVELOPMENT CODE RE GE TO A CLEAR TERIOR DIMENSION OF AP OXIMAFEET BY 19.5 FEET, WHEREAS THE DE REQUIIMUM INTERIO CLEAR DIMENSION Q 10 FEET B. APPLICAN ALSO REQUESTS A VARIANCLK FROM SECTIO4(D)6(b) O THE LAND DEVELOP ,"NT CODE TO ALTRUCTUR TO BE 9.93 FEET FROM TliE SIDE PROPERTY HEREAS HE CODE REQUIRES STRJJCTURES TO BE A MINIMUM OF 10 FEET FROM THE SIDE PROPERTY LINE. 6. CHAIRMAN'S MATTERS 7. MEMBERS' MATTERS 8. BUILDING OFFICIAL MATTERS 9. ADJOURN 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 E.S.) City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589 -5330 0 FAX (407) 589 -5570 MINUTES BOARD OF ADJUSTMENT WEDNESDAY, AUGUST 24, 1994 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL PROPOSED ORDINANCES AND INFORMATION ON ITEMS BELOW MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK, CITY HALL, 1225 MAIN STREET, SEBASTIAN, FLORIDA. Individuals shall address the City Council with respect to agenda items immediately prior to deliberation of the item by the City Council if they have signed the sign -up sheet provided prior to the meeting - limit of ten minutes per speaker (R- 93 -19) 1. Mayor Firtion called the Board of Adjustment meeting to order at 6:30 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL City Council Present: Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck Staff Present: City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran City Attorney, Clifton A. McClelland, Jr. Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio Board of Adjustment Meeting August 24, 1994 Page Two 4. OLD BUSINESS Accept Minutes of May 3. 1994 Approve Minutes of July 13, 1994 MOTION by Damp /Freeland I make a motion that we approve the minutes of May 3, 1994 and July 13, 1994. Mr. Oberbeck noted that City Council did not attend the May 3, 1994 meeting. The City Clerk advised that the request was to "accept" those minutes. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5 -0 5. NEW BUSINESS: PUBLIC HEARING Dave Costa, Re: Lot Highlands, Unit 11 of the LDC to Allow Code Requires Places Portion of the Side Front Building Line 15, Block -_ Variance a Well in rent of We Yard That or Within 292, Sebastian from Section 20A -5.6B a Front Yard, Whereas 11 Within Either the is Not Forward of the the Rear Yard. The City Attorney submitted a letter dated August 24, 1994 regarding quasi - judicial matters (see attached) and strongly suggested that City Council adopt quasi - judicial rules for future matters. He directed that the City Clerk swear in all who address the Board of Adjustment in this matter. The City Clerk swore in Director of Community Development, Bruce Cooper. The Director of Community Development presented an overhead exhibiting the proposed well, and, subsequent to verifying compliance with provisions of Section 20A- 11.2.d.3. of the Land Development Code relative to criteria for granting variances, recommended approval. F Board of Adjustment August 24, 1994 Page Three The applicant was not in attendance. Mayor Firtion invited public input and there was no response. The Director of Community Development responded to City Council inquiries regarding the well's proximity to City right -of -way and possible future liability relative to stormwater. The City Attorney advised that although remote, case law indicates that the City could have liability if it was found to be negligent in the operation or maintenance of a stormwater system. MOTION by Oberbeck /forum I would move to approve the variance for Mr. Dave Costa in regard to Lot 15, Block 292, Sebastian Highlands Unit 11, basing on the documentation and information afforded us by staff. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5 -0 6. CCHAIRMAN'S MATTERS None. 7. MEMBERS' MATTERS None. 8. BUILDING OFFICIAL MATTERS None. 9. Being no further business, Mayor Firtion adjourned the Board of Adjustment meeting at 6:55 p.m. 3 Board of Adjustment August 24, 1994 Page Four Approved at the Meeting. Kathryn M. O'Halloran, CMC /AAE City Clerk , 1994, City Council Arthur L. Firtion, Mayor u r City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589 -5330 o FAX (407) 589 -5570 �.�614 MINUTES BOARD Or ADJUSTMENT WEDNESDAY, NOVEMBER 9, 1994 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Firtion called the Board of Adjustment to order at 6:30 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Mayor Arthur Firtion Vice Mayor Carolyn Corum Mrs. Norma Damp Mr. Robert Freeland Mr. Frank Oberbeck (6:35 p.m.) Staff Present: City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran City Attorney, Clifton A. McClelland, Jr. Zoning Technician, Jan King Deputy City Clerk, Sally Maio 4. OLD BUSINESS Approve Minutes of August 24, 1994 The minutes were not included in the agenda packet. r Regular City Council Meeting November 9; 1994 Page Two 5. NEW BUSINESS PUBLIC HEARING: Perry and Elizabeth Endelman, in regards to Lot 5, Block 97, Sebastian Highlands Unit 2, is requesting a variance from Section 20A -5.6 of the Land Development Code to allow a septic system within the rear yard, whereas the Code requires the septic system to be placed in the front or side yard. The applicant also wishes to place a well in the front yard, whereas the Code requires the placement of a well within either the portion of the side year that is not forward of the front building line or within the rear yard. Mayor Firtion opened the quasi - judicial hearing at 6:31 p.m. The City Attorney advised City Council on the quasi- judicial procedures to follow and the City Clerk swore in all those wishing to testify. The Zoning Technician addressed City Council on the requested variance to allow a septic system within the rear yard and well in the front yard, recommending that the well be placed as shown in Exhibit B subject to movement to the north 20 feet. Mayor Firtion closed the public hearing at 6:48 p.m. MOTION by Freeland /forum I'd make a motion that we recommend approval of the variance request with the placement of the well and septic systems as noted on Exhibit B subject to moving the well approximately twenty feet to the north. ROLL CALL: Mrs. Corum - aye Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye MOTION CARRIED 5 -0 2 Board of Adjustment Meeting November 9, 1994 Page Three PUBLIC HEARING: Capp Custom Builders, in regards to Lot 6, Block 461, Sebastian Highlands-Unit 17, is requesting a variance from Section 20A -5.6A of the Land Development Code to allow a septic system within the rear yard, whereas the code requires the septic system to be placed in the front or side yard. Mayor Firtion opened the quasi - judicial hearing at 6:50 p.m. The Zoning Technician presented the request from Capp Custom Builders on behalf of the property owners for a variance to allow a septic system in the rear yard. Mickey Capp, Capp Custom Builders addressed City Council. Mayor Firtion closed the hearing at 6:55 p.m. MOTION by Damp /Freeland I move for approval of the variance request for location of a septic system in the rear yard. ROLL CALL: Mrs. Damp - aye Mr. Freeland - aye Mr. Oberbeck - aye Mayor Firtion - aye Mrs. Corum - aye MOTION CARRIED 5 -0 Mayor Firtion adjourned the Board of Adjustment meeting at 6:57 p.m. Approved at the Adjustment Meeting. Kathryn M. O'Halloran, CMC /AAE City Clerk 3 , 1994, Board of Arthur L. Firtion, Mayor City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589 -5330 a FAX (407) 589 -5570 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 APRIL 5, 1995, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A- 3.4(D)6(a) OF THE SEBASTIAN LAND DEVELOPMENT CODE. HARVEY W. AND SHARREN L. HILLER, IN REGARDS TO LOT 20, BLOCK 499, SEBASTIAN HIGHLANDS UNIT 15, ARE REQUESTING A VARIANCE TO ALLOW A STRUCTURE TO BE 19.65 FEET FROM THE FRONT PROPERTY LINE, WHEREAS THE CODE REQUIRES STRUCTURES TO BE A MINIMUM OF 25 FEET FROM THE FRONT PROPERTY LINE. KATHRYN M. O'HALLORAN CITY CLERK 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 E.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 (407) 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. PUBLISHED: MARCH 21, 1995 MARCH 28, 1995 Received on �- 2r Application No. ct� O(3 1 �+ y CIUX QE SEBASTIAN APPLICATION M BOARD ADjU 'TMFNT I hereby make application to the Board of Adjustment of the City of Sebastian, Florida for a hearing to resolve the matters) as stated. Legal Description of Land in Issue: `O %, staK YT 9 Is- Zoning Classification e5-1 U Land Use LO This Application is for ✓ Variance(s), or Appeal(s) or Special Exception. (Specify correct designation.) SPECIFY ALL CODE PROVISIONS WHICH YOU ARE REQUESTING TO BE VARIED OR THE DECISION OR DECISIONS OF THE BUILDING OFFICIAL THAT YOU ARE APPEALING: 8PD%; «. ^'v iS feque my _c� Uar��+ce� F�v• -• SLG'��U�1 "ZoA _3.4 Co /_6 Ca J U '"r�1C) Lek 0. De,.j c ) o e m c cock e. -t0 c; il� �..� c� r 4cAd� t�o.r. 't'o -t`^e;r ►�ov►�e. -►o be, li (off �`ee+ - �,rvw, Ct root ,Prv�erty (in WlnercGgS the.; codkc� re? a.;res �5trcAr tf f_S fiU brJ G m��i M�.vh U t NA1•1E Or OWNER (S) 17d14IvV4T Y YV e 1912ZeA) STREET ADDRESS OF PARCEL IN ISSUE:-/6-0 :5 01,A- j3A--o�J -Diz MAILING ADDRESS OF APPLICANT :_,5 /oqm ? PHONE NUMBER OF APPLICANT: CLi 0-0 3 M- 6-;L 7 7 IF APPLICANT IS OTHER THAN RECORD OWNER OF PARCEL ATTACH WRITTEN AUTHORIZATION FRO14 OWNER TO SUBMIT THIS APPLICATION ON OWNER'S BEHALF. ADDITIONAL COMMENTS: VY6 Wvu4,,t7 L //C ? T4P 9V /� "7LZ�erT,t i7 lc &Lyc'k) L0 1 Lt~ ce C-o V L72 Gg y ^ Pfl --7iv L(_-L� ? , //�s °T/.��Z .lJ Dc.t� S� V'�iL„1�- L I-�iZ (L:'�I t 7S ��✓�? L L�itr tl-t 1'�Pi -° l9yL? �"yrL �e�,�LS 5'd t a Sii,gnatu e of Ap li/c,.�ant Title of MKA�etret—ois _/ i � ^, � PRINT NAME an information sheet procedures. Applicant (if applicable) outlining the Board's A fee of one hundred dollars ($100.00) must- accompany this Application. 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Z3 9 o l`I S W N gd 3 � � i� ,o•ZI • g8 3as A= 10'511 — d 3 „00,000066 r� A ” 101.4 -n a' W 3M,990999 LL rJ r� £� eliWn:j O � iQQ .L 6 t ,A t v I I I I'��•iiiil� i� I { �I I I I I! ! i IT I � I I I t ! I I ! I j{ I I l l l i•� i l l I I� ICI !III�II I'lillgl I!il I!Ili I I 'itl lilt iillt ' I 111 ��IIIIII lilll�,� I � , Ilj �,II Ililiil ,i jll iillli!I1/ !( � I IlilL�liil I lip it i It t , li l� I il�l!i!l I I I I �I� Ifllll IIII 'tll!IltIIIIIII l ! II II 1 IIi I i �II Ion I I II ( II City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589 -5330 0 FAX (407) 589 -5570 MEMORANDUM DATE: March 31, 1995 TO: Board of Adjustments /City Council THROUGH: Joel L. Koford City Manager FROM: Bruce Cooper Director of Community Developmet5-;� REFERENCE: Hiller Variance The applicant is requesting a variance from Section 20A- 3.4(D)6(a) of the Land Development Code to allow an addition to their home to be 19.65 feet from a front property line, whereas the code requires structures to be a minimum of 25 feet from a front property line. The front yard setback of 25 feet is standard for the RS -10 zoning district within the Sebastian Highlands. In reviewing the property file for Lot 20, Block 499, Sebastian Highlands Unit 15, the following information is available: 1. On January 26, 1979, a single - family residence was approved by the City of Sebastian. There was no survey submitted at that time and the blueprints depicts a plot plan for the location of the home which does not indicate this lot as a corner lot. All corner lots have two front yards with a setback of 25 feet for RS -10. 2. on January 17, 1985, the building department issued a permit for a pool and spa. Again, there was no survey attached to the application and only a plot plan indicates the proposed pool and patio with an existing home which still does not shorn it as a corner lot. 3. On February 15, 1995, an application was received by the building department from Kruger Construction for Mr. Hiller to Board of Adjustment Hiller variance Page Two construct a 12' X 20' screen room. The building department placed the permit on hold until such time a survey could be submitted to this department in order to verify the existing setbacks. 4. Subsequently, a survey dated 4/12/92 was submitted to the city which indicates the front yard setback from Pitts Place to be only 19.65 feet. If the variance is granted, the proposed enclosure will not decrease the existing setback from Pitts Place, and will continue the same building line from the existing residence. varhille.wp City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589 -5330 0 FAX (407) 589 -5570 PUBLIC NOTICE CITY OF SEBAS'T'IAN 1225 MAIN S'TREE'T' INDIAN RIVER COUNTY FLORIDA THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING APRIL 5, 1995, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A -5.6B OF THE SEBASTIAN LAND DEVELOPMENT CODE. AMERON HOMES, IN REGARDS TO LOT 21, BLOCK 396, SEBASTIAN HIGHLANDS UNIT 11, IS REQUESTING A VARIANCE TO ALLOW A WELL WITHIN A FRONT YARD, WHEREAS THE CODE REQUIRES THE WELL TO BE LOCATED WITHIN EITHER THE PORTION OF THE SIDE YARD THAT IS NOT FORWARD OF THE FRONT BUILDING LINE OR WITHIN THE REAR YARD. KATHRYN M. O'HALLORAN CITY CLERK 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 BEARD. (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 (407) 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. PUBLISHED: MARCH 21, 1995 MARCH 28, 1995 1'1A -1;,1i VRI NP Ull Tyl'L•• P C> I(Oceived on �� Application No. �OZ CITY .QF. SEBASTIAN APPLI ATION TO BOARD QF ADJUSTMENm I hereby make application to the Board of Adjustment of the City of Sebastian, Florida for a hearing to resolve the matter(s) as stated. Legal Description of Land in Issue• LOT 21 BLOCK 396 SEBASTIAN HIGHLANDS UNIT 11 Zoning Classification RS -10 Land Use SINGLE FAMILY, RESIDENTIAL This Application is for A Variance(s), or Appeal(s) or Special Exception. (Specify correct designation.) SPECIFY ALL CODE PROVISIONS WHICH YOU ARE REQUESTING TO BE VARIED OR THE DECISION OR DECISIONS OF THE BUILDING OFFICIAL THAT YOU ARE APPEALING: DUE TO EXISTING SEPTIC SYSTEMS WE WOULD LIKE TO INSTALL THE WELL FOR THIS PROPERTY IN THE FRONT SIDE EASEMENT NAME or OWNER (S) CAROLE B GLOVAN AGE 07- fJ rnt.i' 4)m) VJ0M E,5, i A)6 . P. o i3ox 780874 STREET ADDRESS OF PARCEL IN ISSUE: 101 ACADEMY TERR 5c bc, st. %-,. FL 32-6?8 MAILING ADDRESS of APPLICANT: 329 SE 3Ad ST #202R, HALLANDALE FL 33009 PHONE NUMBER OF APPLICANT: 305- 456 -5130 IF APPLICANT IS OTHER THAN RECORD OWNER OF PARCEL ATTACH WRITTEN AUTHORIZATION FRO14 OWNER TO SUBMIT THIS APPLICATION ON OWNER'S B FHALF . ADDITIONAL COMMENTS: PRESIDENT. Signature ` ppli ant Title of Applicant (if applicable) DANIEL J BROGNANO PRINT NAME Attacec - FFreEois an information sheet outlining the Board's procedures. A fee of one hundred dollars ($100.00) must accompany this Application. Approved Form BUILDER: AMERON HOMES INC [resolution No. PO BOX 780874 Dated: SEBASTIAN FL 32978 -0874 AMERON HOMES RESIDENTIAL & COMMERCIAL March 231, 1995 City o Sebastian Buit,ding Dpt RE: Lot 21 Uock 396 To Whom it May Concern: P.O. BOX 780874 • SEBASTIAN, FLORIDA 32978-0874 • TELEPHONE 589-1299 ;Xo-, RECEIVED 3 1995 1, Cwwt Gtovan Author ize Dan Bugnano 61 AmeAon Homes, Inc. to act as my Agent ugakding the VaAiance Reque,6t. Rupect6utty, CAROL GLOVAN OWNER According to Map No. 12061C0079E, Panel 79 of 169, dated May G, 1989, this ' property lies io Flood Zone X. K I-0-1- 2 BLOCK 396 RE S. WELL rW LOT I CLOCK 396 'W \ RE S. X3 • , / 115 � ,� �(Ml l(R7 °59 -77.95' rl� yd,12 S89 44 E(M) N13 ZOO �R1 EAST (R) 71.90' asO0(R) y0 1" LC 10' O U I D E N 75• RA D. m wpLl Ot. 4' CFIAIN 6��0 'j C ' LINK •� I SBG 266'1' �r iV)� ,� . o WELL Cry P.) ��- \ O, y `._ �Q (LOCAT tOtJ 0. Ind PER OWNER) is � S SO N G10 LOT 2U -t C-K 3'16 sc L ��' 2 5.19' COn F Q RES. i^\ .+. zz�, 3 ZS" ( P� DO /I RpvJt^ 0 )i:, -D Ell / O xb Pa.D A � I U U 1 o- z U Q 4 for /S dI�K 397 I l > 14 I 6 397 z 6 v Q Lot IS p1ocK � 1 � SEPTIC I i WELL OUT PLAT OF SURVEY FOR :AMERON ROMES LOT 21 FLOCK LA SEBASTI.e.tJ HIGFIL.eNDS VNIT II ae reeereee In PI 1 eeok vane $G"Ba,L Puelle Reeeree of ��mut kwela• Ceenil, FIer Ids. 31 AUJ 3 DPA 1 ALl To 5) Pun CLO el USE 7 010. AND YOU B) LEG a) EL//E IIlo7LI 400ND DISTANCES AND ARE REFERENCED 171) THIS SURVEY IS BASED ON A 14 ASNOWN WAS PROVIDED BY D `A IN DELIVERED A" IT � ELEVATION EA°ICL O - �g1Mf T- _ _ BH k l�]MOQQ gAPB PLPZ__ ARE H T TO OE SE FOd iONIEZ N LATOUT oEES. E KEVIN A SMITH LAND SURVEYING INC '7NE NEXT GENERATION' aervinD DR£VARV, INDIAN RIVER and ST. LUCIE COUNTIES 1100 Plle Bar BDad,N.E. Palo Bar�,Florldo 32905 Brawl! 11071721 -2910 indlan 81Yer (407)509-3228 FIX 11011951 -1079 City of Sebastian 1225 MAIN STREET 0 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589 -5330 o FAX (407) 589 -5570 MEMORANDUM DATE: March 31, 1995 TO: Board of Adjustments /City Council THROUGH: Joel L. Koford City Manager FROM: Bruce Cooper Director of Community Director REFERENCE: Ameron Homes Variance Request Ameron Homes is requesting a variance from Section 20A-5.6.B of the Land Development Code to construct a well within a front yard, whereas the code requires a well to be located within either the portion of the side yard that is not forward of the front building line or within the rear yard. HRS requires a minimum of 75 feet from any well to a septic tank and drainfield. Due to the location of the adjacent properties and its associated septic tanks and drainfields, the only location for a well on Lot 21 is within a front yard. The proposed location of the applicant's well will not create an unbuildable lot within this vicinity. amerovar.wp City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589 -5330 o FAX (407) 589 -5570 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 APRIL 5, 1995, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 20A- 3.4(D)6(b) OF THE SEBASTIAN LAND DEVELOPMENT CODE. WILLIAM AND ELIZABETH ELLIOTT, IN REGARDS TO LOT 18, BLOCK 248, SEBASTIAN HIGHLANDS UNIT 10, ARE REQUESTING A VARIANCE TO ALLOW A STRUCTURE TO BE 5.3 FEET FROM THE SIDE PROPERTY LINE, WHEREAS THE CODE REQUIRES STRUCTURES TO BE A MINIMUM OF 10 FEET FROM THE SIDE PROPERTY LINE. KATHRYN M. O'HALLORAN CITY CLERK 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 (407) 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. PUBLISHED: MARCH 21, 1995 MARCH 28, 1995 hoc eived on q Application No. T DE SEBASTIAN APPLICATION To BOARD DZ, ADJUS PMFN'►' I hereby make application to the Board of Adjustment of the City of Sebastian, Florida for a hearing to resolve the matter(s) as stated. Legal Description of Land in Issue: T Zoning Classification F �S 10 Land Use L This Application is for 2 Variance(s), or Appeal(s) or Special Exception. (Specify correct designation.) SPECIFY ALL CODE PROVISIONS WHICH YOU ARE REQUESTING TO BE VARIED OR THE DECISION OR DECISIONS OF THE BUILDING OFFICIAL THAT YOU ARE APPEALING :1"&ezk. tfd d 1 .D ,..:_1_ -4 i�PPli Ga��c ��y ke�tS VG ✓; c~rc.e.� �-'fo. -� SLL��r 201`3 �ii0i!loib� OF c_0C_ to allow a 5l�u�1�.�� to be �• 3 sect fft,w. t►�v �r��er�y line w�r.e ✓ec.s t�c� Cvcly re +�r.cS a w•'.. ' � �•+�...� Or rU Fee"'• NAME Or OWNER (S) Q r 0 + J- STREET ADDRESS Or PARCEL IN ISSUE: l•�T 0 /err s MAILING ADDRESS OF APPLICANT: r-,d � as PHONE NUMBER OF APPLICANT : -_3d F -3t; 6 7 LAJork IF APPLICANT IS OTHER THAN RECORD OWNER OF PARCEL ATTACH WRITTEN AUTHORIZATION FROM OWNER TO SUBMIT THIS APPLICATION ON OWNER'S BEHALF. ADDITIONAL COMMENTS: Df-; q �y��Q S d- �ie4U.M0 I, It a A • - v "fihc yCr�Gr.cL' bey grGnted.> 'ta if)C'I ACke boty-A b ��es If. FA_t_ r e y L& e si- fur 1" h v cis 51)O" n d .. � by 5 r .l e .� , arid,, -t, xf fJ Str (A c,t�.. s S h G S G U 1 W r �� 5 c.,- e ,.� C_t^ wU.�� v e- � �;n l a+ti i o f n Ly Y\ 'e- Signature o Applicant Title of Applicant (if applicable) ��,L PRINT NAME Ot'& c a her o is- aninf-ormation sheet outlining the Board's procedures. A fee of one hundred dollars ($100.00) must accompany this f5 Application. 1I��U Approved Form Resolution No. Dated : ti City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589 -5330 0 FAX (407) 589 -5570 MEMORANDUM DATE: March 31, 1995 TO: Board of Adjustments /City Council THROUGH: Joel L. Koford City Manager FROM: Bruce Cooper Director of Community Developmen REFERENCE: Elliot variance The applicant is requesting a variance from Section 20A- 3.4(D)6(b) of the Land Development Code to construct an addition to an existing residence that would provide a 5.3 foot side yard setback. The code requires a minimum of 10 feet for a side yard setback. On August 18, 1987, the Board of Adjustment for the City of Sebastian approved a variance to allow the principal structure to encroach 4.7 feet more or less into the east 10 -foot side yard setback subject to the conditions of the 6 -foot easement. At that time, the Board of Adjustment found that the original land surveyor for the construction of the home staked the corner property line in error and was not the result of any action by the applicant (owner in 1987). The house was constructed in 1984. Although the Board of Adjustment granted the variance in 1987 for the single - family residence to remain in its present location, this variance did not grant any future additions to encroach within a setback. Attachment "All is a copy of the Order granting the variance in 1987 for Lot 18, Block 248, Sebastian Highlands Unit 10. Attachment "B" is a copy of the survey indicating the proposed new addition, floor layout, and elevation of the addition that would be viewed from Lot 17. ,z Board of Adjustment Elliot Variance Page Two Attachment IICII is a copy of the approved survey indicating the proposed residence for the adjoining two lots immediately east of the petitioner's lot. This proposed plot plan indicates an approximate setback of 46 feet from the common property line of the petitioner. This house was constructed in 1990. 2 . oU t_ohu�� Y I DC) f�,eCJL rI TY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA CASE it 87 -001 520253 BOARD OF ADJUSTMENT ORDER GRANTING A VARIANCE The Board of Adjustment held a public hearing on the 18th day of August . 1987 , after due public notice, and considered this Case, Lot 18, Block 248, Unit 10, Bruce Redus, 734 Belfast Terr.,Sebastian,Fla. pet.it.ioner, wherein a variance was requested as follows: A variance to allow the principal structure to encrouch 4.7 feet more -or -less into the East 10 foot side yard setback subject to the conditions of the 6' easement. Also, variance to allow the Septic Tank within the setback provided no part of the drainfield or Septic_ Tank is on Lot 17 and subject to the easement. Based on a careful consideration of all of the Pv.idPncP prosPntod in this matter, the Board of Adjustment finds that: (a) There are special circumstances or conditions which apply to the bu.ild.ing or land in question which are peculiar to such property, and which do not apply to other land or buildings in the zoning district in that the property was staked out by the Land Survevor and certified in error and was not the result of any action by the applicant. (b) The special circumstances and conditions do not result from any actions of the applicant. (c) A variance is necessary for the preservation and enjoyment of a substantial ` property right and not merely to serve as a convenience to the applicant_ in that f' the location of the house is not the fault of the applicant and it would be an !�J unreasonable hardship to move the house. (d) The variance will not Impair an adequate sPparat.ion between buildings nor the supply of light and air to adjacent property, will not unreasonably incrPase the congestion in public streets, will not .increase the danger of fire, will not �= imperil the public safety, will not unreasonably diminish or impair established J� i� property values within the surrounding area, nor in any other respect impair the hoalth, safety, comfort, morals or gen?ral welfare of the .inhabitatits of the City of Sebastian. r (P) The variance will not .impair the .intent of the zoning ordinance district �> map, nor constitute a change in the zoning district or the Comprehensive Land I` Use Plan. (f) ThP pPt.it.ioner has complied in every other respect with the Pxistiny IY� zoning law, a literal IntPrpr.etation of the Ordinance in question will result in an unnPcessary hardship to the petitioner, granting the variancr, is within the spirit of the Code, and substantial justice will bP done by yranl.iny t_hP variarncP. c' (g) That the variance granted is the minimum var.iance that will make possible t hP reasonab 1 e use of the land, bu.i l d i n cr, q, or structure. - CrI rTI 0. R. 0777 PG 1497 f C(; ,5e- 75-003 f tl C� t %,\ 1'-�\ r N-t "A � 1 r,6 e-,, 2,0 f L BASED ON THESE FINDINGS, a motion to grant the variance with the following conditions was made by Board Member Heinicke seconded by Board Member Mathews _ and adopted by the Board by a vote of 4 in favor and 0 opposed. 3 1 CONDITIONS: Septic Tank and drainfield does not encrouch onto Lot 17 and subject to the easement. THEREFORE, IT IS ORDERED that the variance is granted and that, if applicable, the Building Official is authorized to issue the necessary building permit in accordance with this ruling. PONE. AND ORDERED at Sebastian, Florida, this �� day of! /�4l %� Clerk of the Board I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the .State and County aforesaid, to take acknowledgements, personally appeared and )to be well known �tobp- the p in and who executed the foregoing . instrument and who acknowledged before me that they executed the same. WITNESS MY HAND and official seal in the County and State last aforesaid this % .S day of l�. ��_, 19. 0 Notary 'PublA c .State of Florida at Large My Commission ExpirFs; NOTARY PIIOI.IC STATL Of FLORIDA NY CURNI +SIGN LAP KC I0,19du bMNUEU INNU GENERAL INS. U11U, 0. R. 0777 PG 1498 SKETCH OF SUR VEY ,c000.�o(rZ)• ' BF- L.FAST TERRACE 50'R /W. ic�h•5,o(k) 1Cn'3.ls1(Ar� o � 00,os(m) r U) ",N 89°q-7'OWE 80. OD CR �S- In 1 R •%A ci C. Y 0 0Rfu� d J f ui Q a ., o 8 N • , , N M�1v � ( • . 0.5 SEPr�c �/ ac Q W r v r w X19 J W a a a 4] G, W z w w u u O 1- 0 z M N I 1 3Cv.Cc0 J I4 13(A .5 q- I w o. ti BECK k9 14.0 38.1 I 5i`Y. 0,.13.5. 1 z # 734- 4 a F 14.0 v �,rc�v5cc�- �6d,� ;�� wEC.L M N �- Io' B90 471)6" E SURVEYOR'S DESCRIPTION % L, '5 1 Sri ri �� 5' + W N 4` a 4 l� l TO - AW w r I > a I > W a a � a i a f d T W T_ N -- M w N) U I `!' Em LOT 18, BLOCK 248, SEBASTIAM HIGHLAAIDS 0A )MID ACCORDING THEREOF AS RECORDED IN PLAT BOOK 6 , PAGE 37 THRU THE PUBLIC RECORDS OF INDIAM RIUERCOUNTY, FLOR /DA. BEARINGS BASED ON• SAID PLAT NOTES • FOUND IRON AV D o SET IRON ROO W /CAP • FOUND NAIL 0 DISK n SET NAIL & DISK I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON IS TRUE ANT) CORRECT TO THE BEST OF MY KNOWLEDGE AND 13ELIEF AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF-LAND SURVEYORS, PURSUANT TO SECTION 472.Q27, FLORIDA STATUTES. r o t z G{'4 Y • A svTw MICIIAFL J. KANE, FLA. P.L.S. #4029 I) v A TO THE IX AT INCLUSIVE OF TYPE OF SURVEY --- -- MDRTGAGE SUIZUEY FLMD ZOIUE "G " PAAJEL M. 1 ZO 123 CODS B LOAN ASSOCIATIM SURVEY FOR:BRUCE A.lKAfWLX J TCE LF /ND(AURIUER.INC.eSrEWARTTITLE GUARAIUTY COMPINUY i CWTER SAUIIUGSi * P.O. BOX 22 685 - MELBOURNE, -FL.32902 -268% I -Anr,) 1~71- _nAo-? DATE l -Z4 - 87 (SCALE I" a 2O' JUNG. BY -1, D, IAA JCNK. BY M.73-. K. IPROJ. NO. I 410 1. C-A 5& `T5. 063 1) o-C- 3 Y I Milli I q,i, vl.� Pik kz I CAs� 95.3 pa 4 A VI t4 47. 1. fl by >'U ly, 40 op O%; t q% O io UK$ -31 AM d:l '44 14 Ike Ira VI t4 47. 1. fl by >'U ly, 40 op O%; t q% O io City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589 -5330 0 FAX (407) 589 -5570 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 APRIL 5, 1995, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTIONS 20A- 3.4(D)5 AND 20A- 3.4(D)6(b) OF THE SEBASTIAN LAND DEVELOPMENT CODE. MARSHALL K. WADDELL, IN REGARDS TO LOT 8, BLOCK 568, SEBASTIAN HIGHLANDS UNIT 17, IS REQUESTING A VARIANCE TO REDUCE A GARAGE TO A CLEAR INTERIOR DIMENSION OF APPROXIMATELY 15.33 FEET BY 19.56 FEET, WHEREAS THE CODE REQUIRES A MINIMUM INTERIOR CLEAR DIMENSION OF 10 FEET BY 20 FEET. APPLICANT ALSO REQUESTS A VARIANCE TO ALLOW THE STRUCTURE TO BE 9.93 FEET FROM THE SIDE PROPERTY LINE, WHEREAS THE CODE REQUIRES S'T'RUCTURES TO BE A MINIMUM OF 10 FEET FROM THE SIDE PROPERTY LINE. KATHRYN M. O'HALLORAN CITY CLERK 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 (407) 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. PUBLISHED: MARCH 21, 1995 MARCH 28, 1995 ,.�'" Application No. 11 APPLICATION CITY � SEBASTIAN .B� M. ADJUSTMENT I hereby make application to the Board of Adjustment of the City of Sebastian, Florida for a hearing to resolve the matters) as stated. / / /, Legal Description of Land in Issue : L4 97/e 9 � 345 (1,11 4 %7 C Ke ,S-AOyN e.) jar i J C� Zoning Classification_ P-S Land Use L This Application is forVariance yyss), or Appeal (s) or Special Exception. (Specify correc -e•s-tgnation.) SPECIFY ALL CODE PROVISIONS WHICH YOU ARE REQUESTING TO BE VARIED OR THE DECISION OR DECISIONS OF THE BUILDING OFFICIAL THAT YOU ARE APPEALING : iS U4✓k'CinCC.-I TU redL.4- e� ci Ckc,4-2cle� rty G clear i..cer"'er d►rnenSr'a� p� gPP{Utc� me Fe fix. /S �ee't" by fir%•17Co �eGt ��e f�c�S-ilny Cocty ire LAiireS c. rr\%'r%1'ehkw, e r. or d nne v5 ►o,-, 64:� IU feet b ZO Fee+ . f y �PQ I 1'c w V-+ c; l sv re +<,as fis Gt UA v c 110 t, J G S t r u c. t L.. C.) rte) b C) J F3 P---e vn i-,N �Y c� .p t t y l i n Cj �lr�e ✓ e qs `}1\ v C vc[ e, r c, ,S t� f J (t �JG f1njn �w�t�."q O �O b :--T � «iv�5 LUA 3.� 0 5 aid. ?� 3•/ �co(h oFiTc,. NA!-1E OF OWNER (S) rna r5bCX STREET ADDRESS OF PARCEL IN ISSUE:-- c��I � �e y 5 tu�,e> DY- 1'��, MAILING ADDRESS OF APPLICANT: / Aob 97r", 5 trv-e-1- (��rc� �c•�. c..1 -� 3Z9(P 7 PHONE NUMBER OF APPLICANT: bt Pf f- 3 77 - l /Y IF APPLICANT IS OTHER THAN RECORD OWNER OF PARCEL ATTACH WRITTEN AUTHORIZATION FROM OWNER TO SUBMI`i' THIS APPLICATION ON OWNER'S BEHALF. ADDITIONAL COMMENTS: At- QSk 7-i5 ro4 tip, ► Th��Gltiv� �/i �rle"�i S %y-� U�= •FL, c:' � 3� � IUUj) � � �'�17UC�'S7 � � f . '7Ae4!J zive&AeL. .w t 0A1 � -n•H�c awn/ D,Y/ I; C 914 c A'S. 4t> DAY-i1^7( A... /- �Ci ✓�ei� w._ 1 .�,, 1� ;rd 0r� -rq, c.' ,07 a, O.J -,02 SitJfi—ature of Applicant Title of Applicant (if applicable) MC' ✓�Shci11 ):�- WC"CUe-11 PRINT NAME -1ttaC e — hereto is anin�"o`rmation sheet outlining the Board's procedures. A fee of one hundred dollars ($100.00) must accompany this ,9 cl� Application. Approved Form Resolution No. Dated FIV4. FL. EL. Zz.A L�v� r' CASL • n S 20.0 m "9/,Og s�!�of A�uMED) � M (50' R /w) i d E/P ZO ®rs7N� -tear ��t M L n r •.' p =^y '1 y 4f19T1►1 :. N '�, 80 00'.(P I b _ �- ToP o. Ww/AL& _ o qp TO 4TCM V'�1_� four- t,L1�0 ^� til n C ..I. d °"� v � �.._ N :► 'eta M I .E., Q �,.... - ly ij t STORY FRAME j { Nr •ti � t ,P. s .�, Y 7L j £ m arm i THIS �im�r;,o m D !� ' 'M ST I'Mw L In poi p^ �q•48 FeGb oa � RKIVE'rfG6 To 1�. p ° r� i 10' ORAIM &W 4 UTILITY --� 1 0." i. 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OC) q City of Sebastian 1225 MAIN STREET 11 SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589 -5330 0 FAX (407) 589 -5570 MEMORANDUM DATE: March 31, 1995 TO: Board of Adjustment /City Council THROUGH: Joel L. Koford City Manager FROM: Bruce Cooper �f-- Director of Community Developme�, I . REFERENCE: Waddell Variance The applicant is requesting a variance from Section 20A- 3.4.D.5 and Section 20A- 3.4.D.6(b) of the Land Development Code. The applicant requests to construct a garage with a depth of 19.56 feet whereas the code requires a minimum of 20 feet. The applicant also requests a variance to allow the existing structure under construction to be 9.93 feet from the side property line whereas the code requires a minimum of 10 feet. When the building permit was submitted, the plans were rejected because the house was too wide to meet the required side yard setbacks. At that time, the contractor indicated that a separate permit for the garage would be applied for by a different contractor. Unfortunately, when the plans were resubmitted to reduce the building width, staff did not verify the minimum clear distance of the garage. Staff concentrated on the design of the proposed garage which indicated a flat roof system made of aluminum. Knowing that this project had already received press coverage due to this residence being a modular structure, staff was concerned with the overall appearance of this garage with an aluminum roof and not a conventional gable or hip roof. The contractor /applicant did agree to change the roof system to a conventional gable roof but, due to the location of the existing single family residence, the applicant is unable to meet the minimum clear dimension within the garage and comply with the 25 feet front yard setback. 4 r Board of Adjustment Waddell Variance Page Two The Board of Adjustment needs to be aware that there is an alternative for the applicant to comply with the Land Development Code. The construction of a carport in lieu of a garage can satisfy this situation. The carport can be constructed where the posts meet the 25 foot setback and a roof overhang of 4 feet may project within the required 25 foot setback pursuant to section 20A -5.2 A of the Land Development Code. Staff would not recommend this alternative due to the aesthetics and the proposed variance request is minor in nature. While the applicant was requesting a variance for the garage, staff wanted to have the side yard encroachment of approximately 1 inch to be included in order to alleviate any future problems with title insurance. City of Sebastian 1225 MAIN STREET o SEBASTIAN, FLORIDA 32958 TELEPHONE (407) 589 -5330 o FAX (407) 589 -5570 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, APRIL 5, 1995 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Firtion 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 as Board of Adjustment Present: Mayor Arthur L. Firtion Vice Mayor Carolyn Corum Mrs. Louise Cartwright Mrs. Norma Damp Mr. Raymond Halloran Staff Present: City Manager, Joel L. Koford City Clerk, Kathryn M. O'Halloran City Attorney, Clifton A. McClelland, Jr. Director of Community Development, Bruce Cooper Deputy City Clerk, Sally Maio Board of Adjustment April 5, 1995 Page 4. OLD BUSINESS ACCEPT MINUTES OF AUGUST 24, 1994 MEETING AND ACCEPT MINUTES OF NOVEMBER 9,,, 1994 MEETING C 5. NEW BUSINESS PUBLIC HEARING: Harvey W. and Sharren L. Hiller, in regards to Lot 20, Block 499, Sebastian Highlands, Unit 15, are requesting a variance from Section 20A-- 3.4(D)6(a) of the Land Development Code to allow a structure to be 19.65 feet from the front property line, whereas the code requires structures to be a minimum of 25 feet from the front property line. Mayor Firtion opened the public hearing at The Director of Community Development 1-0�r 1�1-fj 'a e e�v" a'a 0-z� '-?� Mayor Firtion closed the public hearing at E PUBLIC HEARING: Ameron Homes, in regards to Lot 21, Block 396, Sebastian Highlands Unit 11, is requesting a variance from Section 20A -5.6B of the Land Development Code to allow a well within a front yard, whereas the code requires the well to be loca e within either the portion of the side yard that is not forward of the front building line or within the rear yard. Mayor Firtion opened the public hearing at The Director of Community Development Mayor Firtion closed the public hearing at 3 PUBLIC HEARING: William and Elizabeth Elliott, in regards to Lot 18, Block 248, Sebastian Highlands Unit 10, are requesting a variance from Section 20A- 3.4(D)6(b) of the Land Development Code to allow a structure to be 5.3 feet from the side property line, whereas the code requires structures to be a minimum of 10 feet from the side property line. Mayor Firtion opened the public hearing at The Director of Community Development P� '&� - /IL-0 '"?� Caw CA Mayor Firtion closed the public hearing at 4 PUBLIC HEARING: Marshall K. Waddell, in regards to Lot 8, Block 568, Sebastian Highlands Unit 17, is requesting a variance from Section 20A- 3.4(D)5 of the Land Development Code to reduce a garage to a clear interior dimension of approximately 15.33 feet by 19.56 feet, whereas the code requires a minimum interior clear dimension of 10 feet by 20 feet. Applicant also requests a variance from Section 20A- 3.4(D)6(b) of the Land Development Code to allow the structure to be 9.93 feet from the side property line, whereas the code requires structures to be a minimum of 10 feet from the side property line. Mayor Firtion opened the public hearing at The Director of Community Development `1 Mayor Firtion closed the public hearing at 5 6. CHAIRMAN'S MATTERS 7. MEMBERS' MATTERS 8. BUILDING OFFICIAL MATTERS 9. Being no further business, Mayor Firtion adjourned the Board of Adjustment meeting at Approved at the Meeting. Kathryn M. O'Halloran, CMC /AAE City Clerk 5 R , 1995, City Council Arthur L. Firtion, Mayor