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HomeMy WebLinkAbout01282004BOA Agenda1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589.5518 ■ FAX (772) 589 -2566 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, JANUARY 28, 2004 6:00 P.M. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: 6. OLD BUSINESS: 7. NEW BUSINESS: A. PUBLIC HEARING: Regular meeting — 10/22/03 ADAMS DEVELOPMENT GROUP, INC.. IN REGARDS TO PROPERTY LOCATED AT 1654 INDIAN RIVER DRIVE, IS REQUESTING A VARIANCE TO ALLOW A PROPOSED RESIDENTIAL STRUCTURE TO UTILIZE THE NONRESIDENTIAL SETBACKS IN THE COMMERCIAL WATERFRONT RESIDENTIAL (CWR) ZONING DISTRICT. B. PUBLIC HEARING: EARL MASTELLER, IN REGARDS TO LOT 13 AND A PORTION OF LOT 14, POINT -O -WOODS SUBDIVISION (869 ROBIN LANE) IS REQUESTING A VARIANCE TO ALLOW A TOTAL OF 1900 SQUARE FEET OF ACCESSORY BUILDINGS ON A RESIDENTIAL LOT, WHEREAS THE CODE PERMITS A MAXIMUM OF 1000 SQUARE FEET OF ACCESSORY BUILDINGS ON A RESIDENTIAL LOT. C. PUBLIC HEARING: INDIAN RIVER COUNTY EMERGENCY SERVICES, FIRE DIVISION, IN REGARDS TO THEIR PROPERTY LOCATED AT 1640 U.S. 1, IS REQUESTING A VARIANCE TO CONSTRUCT A BUILDING ADDITION TWO FEET FROM A FRONT PROPERTY LINE (NORTH CENTRAL AVENUE), WHEREAS THE CODE REQUIRES A 30 -FOOT FRONT YARD SETBACK. D. PUBLIC HEARING: CONTINENTAL PROPERTIES CO., INC., IN REGARDS TO THE PROPERTY OWNED BY PARADISE PARTNERS, INC. AND LOCATED EAST AND SOUTH OF THE SHARKMART MOBIL GAS STATION (INTERSECTION OF CR512 AND CR510) - IS REQUESTING A VARIANCE TO ALLOW THE PROPOSED DEVELOPMENT OF THIS SITE TO CONTAIN 85 PERCENT IMPERVIOUS SURFACE AND 15 PERCENT OPEN SPACE, WHEREAS THE CODE ALLOWS A MAXIMUM OF 80 PERCENT IMPERVIOUS SURFACE AND A MR4IMUM OF 20 PERCENT OPEN SPACE. THE APPLICANT IS ALSO REQUESTING A VARIANCE TO THE PARKING STALL SPECIFICATIONS FOR 60 DEGREE ANGLE PARKING TO ALLOW 9.5 -FOOT WIDTH BY 18 -FOOT LENGTH WITH 22 -FOOT AISLES, WHEREAS THE CODE REQUIRES 10 -FOOT WIDTH BY 21.5 -FOOT LENGTH WITH 18- FOOT AISLES. 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 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. BOARD OF ADJUSTMENT MEETING MINUTES WEDNESDAY, OCTOBER 22, 2003 — 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. The Vice -Mayor called the meeting to order at 6:30 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Members Present: Vice -Mayor Raymond Coniglio Councilmember Joseph Barczyk (6:45 p.m.) Councilmember James Hill Councilmember Nathan McCollum Members Absent: Mayor Walter Barnes (excused) Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Growth Management Director, Tracy Hass 4. Approval of Minutes — Reaular Meetina — 2/26/03 MOTION by McCollum /Hill "Move approval." Mr. Coniglio -aye Mr. Barczyk - absent Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - absent Roll Call carried 3 -0 Board of Adjustment Meeting October 22, 2003 Page Two 5. Old Business — None 7. New Business a. Public Hearing CWN, LLC (C.N. Kirrie) in regards to Lots 16, 27 and 28, Fleming Grant, Section 30 at 129th Street, is requesting the following variances: 1. Modification of the required buffer along the project perimeter that abuts conservation land. 2. Utilization of bamboo to satisfy the landscape requirements along the east and west perimeters of the north five acre tract. 3. Driveways to be 6" stabilized base rather than concrete or asphalt. 4. Parking areas to be porous rather than concrete, asphalt or other comparable material. Bruce Moia, Mosby and Associates, and Chris Kirrie addressed City Council on the variance items requested. MOTION by Hill /McCollum "Move to approve questions 1 and 2 and deny questions 3 and 4." Mr. Barczyk - aye Mr. Hill - aye Mr. McCollum - aye Mayor Barnes - absent Mr. Coniglio - aye Roll Call carried 4 -0 8. Chairman's Matters - None 9. Member's Matters - None 10. Staff Matters - None 11. Being no further matters, Vice Mayor Coniglio adjourned the Board of Adjustment meeting at 7:05 p.m. Approved at the Walter W. Barnes, Chairman ATTEST: Sally A. Maio, CMC, City Clerk ( I ) Board of Adjustment Meeting. 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589.5518 ■ FAX (772) 589 -2566 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 JANUARY 28, 2004, 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- 5.5.(d).(6) OF THE SEBASTIAN LAND DEVELOPMENT CODE. ADAMS DEVELOPMENT GROUP, INC., IN REGARDS TO PROPERTY LOCATED AT 1654 INDIAN RIVER DRIVE, IS REQUESTING A VARIANCE TO ALLOW A PROPOSED RESIDENTIAL STRUCTURE TO UTILIZE THE NONRESIDENTIAL SETBACKS IN THE COMMERCIAL WATERFRONT RESIDENTIAL (CWR) ZONING DISTRICT. WALTER BARNES, 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 January 13, 2004 (i) Permit Application No. City of Sebastian ILL `.i Development Order Application Applicant If not owner, written authorization (notarized) from owner is required) Name: dH S &61- Name: ;) Address: P. 0. 8 OX %S /D, 7 5E= b C�S'�i c.� 'FL- 3 Z9 727 Phone Number. ( ) - FAX Number. E -Mail: Owner (If different from applicant) Name: Address: Phone Number. FAX Number. E -Mail: Type of permit or action requested: /} A �� � I I� �, � ���G�s �yl t �Ys . A 1. 5 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 81/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project's Name (if applicable): I l a V ,, rA ­-, C, If—) B. Site Information Address: / 6, �' ` Lot: Block: : Indian River County Parcel # Zoning Classification: Existing Use: 4 Subdivision: ,3 -3 -,3 ) -- 0600 i - 0000 - 0000 , Future Land Use: Pr000sed Use: C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): TE RECEIVED: �/Z (P/ 0.3 Form FEE PAID: $ 3S - 0v P,P *�z,93 1 of 3 Development A File Name: Doa RECEIVED BY: Permit Application No. D. Project Personnel: Agent: Name: L� M rJ �/ I /l� Address gc%Jr s�b'as� 'k Phone Number ( )fig 9 -_ 30s y FAX Number. E -Mail: Attome : Name: Address Phone Number. ( ) - FAX Number E -Mail: Engineer: Name: Address Phone Number. ( ) - FAX Number. E -Mail: Surveyor: Name: Address Phone Number ( ) - FAX Number. E -Mail: `L BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER ✓ I AM THE LEGAL REPRESENTITCrIVE 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 T UE TO T EST OF MY KNOWLEDGE AND BELIEF. 03 NATURE / DATE SWORN TO AND SUBSCRIBED BEFORE ME BY WHO IS PERSONALLY KNOWNJO ME OR PRODUCED d AS IDENTIFICATION, THIS 10 DAY OF S%%! 19 -_. NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NodExPIRATION UMUTIff ALLEN ZELINSKI SEAL: :.`= MY COMMISSION A DD 010845 Form CD -2001 Pa °"r^" ptn pplication Ancroved: 08/27/97 Revision: Permit Application No. The following is required for all comprehensive plan amendments, zoning amendment (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. IIWE, — THE OWNER(S) _ THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPUCATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE BOARD /COMMISSION OF THE CITY OF SEBASTIAN (THE °BOARD "/"COMMISSION"} 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 PROMISES MADE, BY NY E, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SI TURE DATE Sworn to and subscribed before me by who is personally known to me or produced as identification, this -26 day of 1903. Notary's Signature Printed Name of Notary Commission NoJExpiration Seal: V� =Pubile 701()8 NSKI sfi't =.: .: 45 9 005 M,h k Underwriters 0$11 �Dm Form CD -200 Pa e 3 of 3 Development Applicatio n Approved 08/27/97 t Revision: Ftle Name: Doa Permit Application No. Supplemental Information 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): 4. Attach the following: t/ 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 property 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. Form CD -2003 Page 1 of 7 1 Board of Adjustment Approved., 08/27/97 Revision: File Name. Siboa Growth Management Department Variance Application - Staff Report 1. Project Name: Adams Development Group, Inc. proposed residence 2. Requested Action: Variance requested from Section 54- 2- 5.5(d).(6) to allow a proposed residential structure to utilize the nonresidential setbacks in the Commercial Waterfront Residential (CWR) zoning district. 3. Project Location a. Address: 1654 Indian River Drive b. Legal: THAT PART OF N.50 AC OF N.76 AC OF S 1.76 AC OF LOT 6 LYING E OF INDIAN RIVER DRIVE, TOGETHER WITH THAT PART OF S.26 AC OF N.76 AC OF S 1.76 AC OF LOT 6 LYING E OF INDIAN RIVER DRIVE, TOGETHER WITH THAT PART OF THE FOLLOWING DESC LYING E OF INDIAN RIVER DRIVE: FR INT OF N LINE OF .INDIAN RIVER HILLS SUBDIVISION; AND FLEMING GRANT LINE, SAID INT BEING POD; TH N 4 DEG 00 MIN 00 SEC W ALONG FLEMING GRANT LINE 273.20 FT TO A PT; TH S 89 DEG 17 MIN 00 SEC E 229.85 FT TO W BANK OF INDIAN RIVER; TH MEANDERING SELY ALONG SAID BANK OF INDIAN RIVER 125.85 FT TO A PT; TH S 51 DEG 19 MIN 00 S EC W 120.15 FT TO POD, LESS 20 FT STRIP DESC IN OR BK 250, PG 520, LESS 70 FT R/W FOR OLD US HWY 1. 4. Project Owner: Harold Adams Adams Development Group, Inc. P. 0. Box 781047 Sebastian, FL 32978 5. Project Agent: Jobn King 945 Sebastian Blvd, Suite 6 Sebastian, FL 32958 6. Project Description: a. Narrative of proposed action: Mr. Harold Adams, on behalf of Adams Development Group, filed a variance application in regards to property located at 1654 Indian River Drive, permitting a proposed residential structure to utilize the nonresidential setbacks in the Commercial Waterfront Residential (CWR) zoning district. Due to lot characteristics and size limitations, it would be most advantageous for the property owner to develop the proposed residential structure along the northern third of the property while leaving the remaining property preserved as open space. Residential setbacks in the district would necessitate a 25 foot front yard setback, 15 foot side setback and 20 foot rear setback, while the commercial setbacks are 0 in front, 5 on the side, and 10 for the rear. The attached survey represents the proposed development area for the subject parcel, which clearly identifies the vast amount of area reserved for open space. As you will note from the above setbacks, a hardship exists for construction of residential structures while commercial structures may be permitted within established parameters. Additionally, construction of a residential unit further reduces commercial impacts along the Indian River Lagoon. b. Current Zoning: CWR (Commercial Waterfront Residential) C. Adjacent Properties: Zoning Current Land Use Future Land Use North: CWR Marina RMU East: C Indian River C South: CWR vacant RMU West: CWR Vacant & residence RMU d. Site Characteristics (1) Total Acreage: .26 acres (2) Current Land Use(s): vacant (3) Water Service: - (4) Sanitary Sewer Service: - cz? 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 find the following :. a. Existence of special conditions or circumstances. b. Conditions not created by applicant. C. Special privileges not conferred. d. Hardship conditions exist. e. Only the minimum variance granted. E Not injurious to public welfare or intent of ordinance. g. Conditions and safeguards may be imposed. h. Time limit may be imposed. L No use variance permitted in specified instances. Please reference Section .54 -1 -2.5 of the Land Development Code for further explanation and clarification of the conditions as set forth above. Staff Recommendation: Hold quasi-judicial hearing to consider the request for a variance. LEM, 3 / ,Z o IYate 0 O OAY! L' uYS 4 1 m 1 � O �O i y PiG' /\ Qo 1'0� 1 LOT 5 U i / w /es,p�i►j4�6 � t CEO �t•�ia -e %�( ,S-' �a� S� W 9 °1 INDIA, RIVE, t m u y 0 t t F 0 A C R A 4.6z' i w P- OD 9C O OAKS a4- I!'O�KS O 7 o� o N� w N 4 m 4. �$ 'o vb, ,e es /, INDIA RIVE. f u y r o , L W A 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 ■ FAX (772) 589 -2566 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 JANUARY 28, 2004, AT 6:00 P.M. IN THE CITY COUNCIL CHAM 3ERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 54- 2- 7.5.(c).(6) OF THE SEBASTIAN LAND DEVELOPMENT CODE. EARL MASTELLER, IN REGARDS TO LOT 13 AND A PORTION OF LOT 14, POINT -O -WOODS SUBDIVISION (869 ROBIN LANE) IS REQUESTING A VARIANCE TO ALLOW A TOTAL OF 1900 SQUARE FEET OF ACCESSORY BUILDINGS ON A RESIDENTIAL LOT, WHEREAS THE CODE PERMITS A MAXIMUM OF 1000 SQUARE FEET OF ACCESSORY BUILDINGS ON A RESIDENTIAL LOT. WALTER BARNES, 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 January 13, 2004 /3 Permit Application No. City of Sebastian 'MCM.00 Develo ment Order AP lication Applicant If not owner, written authorization notarized from owner is required) Name: 5AC C u, l" A/ 25LGelz Address. ZO &A3 &4.0✓' - )RA C -rJq ) FL. 3Z'9. 6 Phone Number: ( ) 77z y - 75`J 1 FAX Number: ( (aF ,e 77 z I) �� E -Mail: L cosy 13L i1e C A-c Existing Use: I.D�,T/�C Owner If different from applicant) Name: Address: Phone Number: ( ) - FAX Number: E -Mail: Title of permit or action requested: -3Oti))A�76 L'MZIAQC& PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 -1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): ', Jg�► rl�ti B. Site Information Address: s6c, ` zosm3 Lot: 13 ,(- Block: N14 Unit: l Subdivision: Tb,,,yr- Indian River tounty Parcel #: 'jp3�j28 oo�b ooOG�O ©pJ 3 U Zoning Classification: rZ5 20 Future Land Use: GJSE - Sr,J�(.�= P°,�,y,c. Existing Use: I.D�,T/�C Proposed Use: RJJ: Ni /.q L C. Detailed description of proposed activity and purpose of the requested permit or action (attach D(.✓6LL1I06. 'P90JOVS60 l9A017 -e--ti) to'" G9OSe - 4VU`14 OF .AeGC`SS`2i f3J1 L'D/tii�.S _T_S »°�r�-�R n ,nrpr­� : 4' in: -oc " )c- ,a . 1"orAi.. ,} (L-eA o f I P>Oe z7' / s 1.1 . A' ` on ¢4 EZ 3 s.� ter. vs,X ANC6 Is aE�.�.'6 a�i� ESZM� •i~�w n'MW,62C F CAASh,3 aWL oIE IQC= gIo Pr /1thtL&6* A49M DATE RECEIVED: 4 FEE PAID: $ -V RECEIVED E k Permit Application No. D. Project Personnel: Agent: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Attorney: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Name: , Address p L Phone Number: t v � 3 ( 712 '77£3 ) - FAX Number: E -Mail: P L,.' i N -1 Surveyor: Name: MAKTELL.&i72 -, Address21-0�; 14.Y jl�tjE V c*e-H, FL, 3z5CZ. Phone Number: (7-72-) - eC, C-O FAX Number: 7-)Z ) 71 V - U to L(-7 E -Mail: iTMy Mo1IZ g LC$n,�� . tz BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER _ I 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. "2 , / laz�]= 1Z�i�13 SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY 4s0.f- i 1 t' I cLs 1 e_ WHO IS PERSONALL ��^' ^�N To ti"F �R PRODUCED AS IDENTIFICATION, THIS )UTI DAY OF Dec cm)Je f , 20 03. NOTARY'S SIGNATURE .�� .�Or -� W. PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION SEAL: Diane W. Lembo MY COMMISSION* DD139802 BORES a August 4 2006 p� F ,.• WNDED THRU TROY FAIN 94URAKE INC Permit Application No. 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, X, 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 PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE DATE Sworn to and subscr' re me by who is personally or produced as identification, this 70L day of cc m6p r , 2003. Notary's Signature Printed Name of Notary Commission No. /Expiration Seal: 0 Diane W. Lembo ,._ August 6, 2006 BONDED THRU TROY FAIN INSURANCE INC Permit Application No. ancr HOME OF PHXM WM Supplemental Information Application to the Board of Adjustment 1. This application is for a (check one): -X— 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):` 4 rF K60eg6L 'Mk- io.Arcaac sic. 54- ` EZ -7.� A Luyrrs- �r*� A fiZ- i•'K4 'P1 fi «1 S i Z& LQ TO i SCC, SC. =i PL" QG Sc11213� i� SN9 s MY tar AV-LwA fs i -r3 P> S aiz 4ai 2 2 2 sr, -Fr Le3irH A HCOSt OF 5 Z;Lt- >=-r C ►cn v ACC6SS 02" Ruy t rcr& LJ4.G: 9 FL- I WJ4 N 10 BL1Lr3 f*j A.001 -r.:: ph &*Ace or 72o S� Fr `-�►ICiI CA✓�T r3E DoNL� t�r�DL rub li•rr,.�G er y p?DtpA�. 7'NE �� 6A is ► }n; �r 'TKE. " A'�Cgrr&'rC21& f- sEgr,9rbL OF M11 k-OX6. -Zr ",u.. 14AvE r ('4 -M CarrLL M eNr M6 CSOPo LA DN )"of toy S e • Ax�5 �Ait=KE� ++�;►��xa�c S rAU.i 6 _ _ ... .. • -`_nom n ,' 3. Legal description of the property involved: 5 PWA op 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. ,.�. '.tr it a iI ■ ° rd� �L I/ �,/ it 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. Growth Management Department Variance Application - Staff Report 1. Project Name: Earl H. Masteller Garage Addition 2. Requested Action: The applicant has requested a variance to allow a total of 1900 square feet of accessory buildings on a residential lot, whereas the code permits a maximum of 1000 square feet of accessory buildings on a residential lot. 3. Project Location a. Address: b. Legal: 4. Project Owner: 5. Project Agent: 6. Project Description: 869 Robin Lane Lot 13 and a portion of Lot 14, Point -O -Woods Subdivision. Earl H. Masteller 869 Robin Lane Sebastian, FL 32958 same a. Narrative of proposed action: The applicant has requested a variance from the following section of the Sebastian Land, Development Code: Section 54-2-7.5.(c).(6): A residential lot will be allowed five square feet of accessory building area (cumulative), for every 100 square feet of lot area, not to exceed 1, 000 square feet total. Attached garages, which are part of the original principal building design, will not be included in the cumulative total of accessory building area. Accessory structures, which consist solely of screening and beams and supports for the screening material (such as screen enclosures for swimming pool areas) will not be included in the cumulative total of accessory building area. b. Current Zoning: RS -20 C. Adjacent Properties: Zoning Current Land Future Land Use Use North: County vacant County East: RS -20 residence LDR South: RS -20 residence LDR West: RS -20 residence LDR d. Site Characteristics (1) Total Acreage: 1.13 acres (2) Current Land Use(s): residence (3) Water Service: well (4) Sanitary Sewer Service: septic BOARD CRITERIA FOR DETERMINING VARIANCES (Section 20A- 11.2): a. Existence of special conditions or circumstances. b. Conditions not created by applicant. C. Special privileges not conferred. d. Hardship conditions exist. e. Only the minimum variance granted. f. Not injurious to public welfare or intent of ordinance. g. Conditions and safeguards may be imposed. h. Time limit may be imposed. i. No use variance permitted in specified instances. 2 /9i Staff Comments: Mr. Masteller's contractor applied for a building permit to construct a 720 square foot detached garage. There are three existing accessory buildings on the property, which total 900 square feet. Since the zoning regulations allow a maximum 1000 square feet of accessory structures on a residential lot, the building permit was denied. The property consists of Lot 13 and a portion of Lot 14 for a total of 1.13 acres (approximately 49,223 square feet). Based on the Land Development formula of 5 square feet of accessory structure for every 100 square feet of land, this property would have the potential for 2461 square feet of accessory structures. However, the code still limits the cumulative square footage to 1000 square feet, regardless of the property size. . Mr. Masteller also has expressed the desire to add 280 square feet to one of the accessory structures, which would be converted to an in -law apartment in the near future. Therefore, he has requested a variance to allow 1900 square feet of accessory structures, 900 over the 1000 square foot limit. The accessory structures section of the Land Development Code has been addressed many times over the last few years. The limitations were designed primarily to address concerns of over development on smaller lots. The applicant's property containing 49,223 square feet therefore has the same limit as a 20,000 square foot lot. During the next comprehensive review of the Land Development Code, staff will recommend changing this code to provide for larger properties. Staff recommends approval of this request. The property is unique in that it is much larger than most residential lots. We see no adverse effect to the neighboring properties. Staff Recommendation: Hold quasi-judicial hearing to consider the request for a variance. epared King, Manager Growth Management Department 3 1_ Zz-� Date 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 ■ FAX (772) 589 -2566 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 JANUARY 28, 2004, 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- 5.8.(d).(5) OF THE SEBASTIAN LAND DEVELOPMENT CODE. INDIAN RIVER COUNTY EMERGENCY SERVICES, FIRE DIVISION, IN REGARDS TO THEIR PROPERTY LOCATED AT 1640 U.S. 1, IS REQUESTING A VARIANCE TO CONSTRUCT A BUILDING ADDITION TWO FEET FROM A FRONT PROPERTY LINE (NORTH CENTRAL AVENUE), WHEREAS THE CODE REQUIRES A 30 -FOOT FRONT YARD SETBACK. WALTER BARNES, 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 January 13, 2004 . Permit Application No. �' 5�TAN City of Sebastian Now OF rlucm 5L .. Development Order Application Applicant if not owner, written authorization notarized from owner is required) Name: Indian River County Emergency Services / Fire Division Address: 1640 US 1 Phone Number: ( ) - FAX Number: 772 581 -7669 772 770 5117 E -Mail: eprime @ircgov.com Owner If different from applicant) Name: Indian River County Emergency Services / Fire Division Address: 1500 Old Dixie Hwy. Phone Number: ( ) - FAX Number: ( ) - 772 562 -2028 772 770 -5117 E -Mail: eprime@ ircgov.com Title of permit or action requested: variance PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 -1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): B. Site Information Address: 1640 US Highway 1, Sebastian, FL 32958 Lot: Block: Unit: Section 30, Township 30 Subdivision: South, Range 38 East, City of Sebastian Indian River County Parcel #: Zoning Classification: Future Land Use: Existing Use: Fire Station Proposed Use: Fire Station C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Extending 2 apparatus bays to accomodate fire engines DATE RECEIVED: ! l 124 O q FEE PAID: $ 3So - UU RECEIVED BY: Ot 4 Z(v'l3 Z Permit Application No. D. Project Personnel: Agent: Ed Prime Name: same Address 1640 US HIghway 1, Sebastian, FL 32958 Phone Number: ( ) - 772 562 -2028 ext. FAX Number: 3002 772 770 -5117 E -Mail: eprime@ircgov.com Attorne Name: Will Collins Address 1840 25th Street Phone Number: ( 772 ) 567 8000 FAX Number: E -Mail: Engineer: Name: M. O'brien Address 1840 25th Street Phone Number: ( 772 ) 567 -8000 FAX Number: E -Mail: Surveyor: Name: Indian River County Address 1840 25th Street - Phone Number( 772) 567 - 8000 FAX Number: E -Mail: 1 Edward L. Prime , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER X I 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 TH EST OF MY KNOWLEDGE AND BELIEF. 1 -5 -04 SI E DATE SWORN TO E�- fl�FORE ME BY � LA--' �K-L ✓I'l e WHO IS P ONALLY KNOWN T E OR PRODUCED I -S- AS IDENT . .20C>4. PAULA J. Cg111p� NOTARY'S SIGNATURE MY CMM PRINTED NAME OF NOTARY COMMISSION NO./EXPIRATION t> SEAL: 23 Permit Application No. 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 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 SES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. Z-:?,Ig 44, =z;r-- =�/l SI TURE DATE Sworn before me by L 12a f M Q who ' personally kno to me or produced as iden day of -(V l.Lp&Zcj, 20 C3. . Notary's Signature Printed Name of Notary L>4 C N Commission No. /Expiration t.o -;;� t —Lim Seal: 0� PAULA J. CJINflID I NF CO 017JM = '' rr am" �' Permit Application No. am I MQ�W HOME OF PfiJCM WM Supplemental Information Application to the Board of Adjustment X 1. This application is for a (check one): X 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): X 3. Legal description of the property involved: Section 30, Township 30 South, Range 38 East, City of Sebastian 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 property 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. 2� L!14-0 Growth Management Department Variance Application - Staff Report 1. Project Name: Fire Station Addition 2. Requested Action: Variance requested from Section 54- 2- 5.8.(d).(5) to allow the construction of a building addition two feet from a front property line (North Central Avenue) whereas the code requires a 30 -foot front yard setback. 3. Project Location a. Address: b. Legal: 4. Project Owner: 5. Project Agent: 6. Project Description: 1640 U.S.1 Metes and Bounds description on attached boundary survey. Indian River County Emergency Services/ Fire Department 1500 Old Dixie Highway Vero Beach, FL Ed Prime 1640 U.S. 1 Sebastian, FL 32958 a. Narrative of proposed action: Indian River County Emergency Services, Fire Division has applied for a variance to allow the construction of a building addition to their station at 1640 U.S. 1. The addition will be located on the North Central Avenue side of the fire station and is designed to extend two apparatus bays to accommodate the fire engines. There are elevation and size issues to this property, which seriously limit their options. The applicant will further address the fire equipment issues. It should also be noted that the properties to the north and south are zoned Commercial Riverfront, which establishes a front yard setback with sidewalks, curb and gutter at 0 feet and a front yard setback without sidewalks, curb or gutter at 6 feet. b. Current Zoning: PS (Public Service) C. Adjacent Properties: Zoning Current Land Use Future Land Use North: CR Funeral Home RMU East: CWR residence RMU South: CR Parking lot RMU West: CR Offices RMU d. Site Characteristics (1) Total Acreage: .38 acres (2) Current Land Use(s): fire station (3) Water Service: well (4) Sanitary Sewer Service: septic system BOARD CRITERIA FOR DETERM UNG 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 find the following: a. Existence of special conditions or circumstances. b. Conditions not created by applicant. C. Special privileges not conferred. d. Hardship conditions exist. e. Only the minimum variance granted. L Not injurious to public welfare or intent of ordinance. g. Conditions and safeguards may be imposed. h. Time limit may be imposed. (� 2 i. No use variance permitted in specified instances. Please reference Section 54 -1 -2.5 of the Land Development Code for further explanation and clarification of the conditions as set forth above. Staff Recommendation: Hold quasi-judicial hearing to consider the request for a variance. c)(6— �\- Gt�h Manag6ont Department D 3 I 2W Date 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 ■ FAX (772) 589 -2566 PUBLIC NOTICE CITY OF SEBASTIAN 1225 MAIN STREET INDIAN RIVER COUNTY THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING JANUARY 28, 2004, 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- 5.3.3.(d).(3) AND SECTION 54 -3 -10.6 OF THE SEBASTIAN LAND DEVELOPMENT CODE. CONTINENTAL PROPERTIES CO., INC., IN REGARDS TO THE PROPERTY OWNED BY PARADISE PARTNERS, INC. AND LOCATED EAST AND SOUTH OF THE SHARKMART MOBIL GAS STATION (INTERSECTION OF CR512 AND CR510) IS REQUESTING A VARIANCE TO ALLOW THE PROPOSED DEVELOPMENT OF THIS SITE TO CONTAIN 85 PERCENT IMPERVIOUS SURFACE AND 15 PERCENT OPEN SPACE, WHEREAS THE CODE ALLOWS A MAXIMUM OF 80 PERCENT IMPERVIOUS SURFACE AND A MINIMUM OF 20 PERCENT OPEN SPACE. THE APPLICANT IS ALSO REQUESTING A VARIANCE TO THE PARKING STALL SPECIFICATIONS FOR 60 DEGREE ANGLE PARKING TO ALLOW 9.5 -FOOT WIDTH BY 18 -FOOT LENGTH WITH 22 -FOOT AISLES, WHEREAS THE CODE REQUIRES 10 -FOOT WIDTH BY 21.5 - FOOT LENGTH WITH 18 -FOOT AISLES. WALTER BARNES, 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 January 13, 2004 zy. Permit Application No. ma City of Sebastian Develo ment Order A lication Applicant If not owner, written authorization notarized from owner is required) Name: Continental -8. Fund LLC Address: P.0- Box 920 Menamonee FA11A, WT 53059 Phone Number: ( 262 )502 -5500 FAX Number: ( 262 ) 502 - 5522 E -Mail: tgilgenbach@cproperties.com Owner If different from applicant) Name: Paradise Partners, Inc. Address: 953 Old Dixie Highway, Suite B -2 Vero Beach FL 32960 -4371 Phone Number: ( 772 ) 567 - 5320 FAX Number: ( 772 ) 567 - 0443 E -Mail: paradisepetroleum @earthlink.net Title of permit or action requested: PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 -1/2 BY 11 COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): B. Site Information Address: 95th Street Lot: Block: Unit: Subdivision: Indian River County Parcel #: Zoning Classification: Future Land Use: Existing Use: Proposed Use: Bone Retail Development C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Publix Anchored Retail Development DATE RECEIVED: I / 1?-/ 0`f FEE PAID: $ 330,00 RECEIVED BY: S L cf-* 0 z. 3313 Permit Application No. D. Project Personnel: Agent: Name: Tom Gil enbach Address P.O. Box 220 Menomonee Falls WI 53052 Phone Number: ( 262) 502 - 5500 FAX Number: ( 262 ) 502 - 5522 E -Mail: tgilgenbach @cproperties.com Attorney: Name: Paul Seifert Address P.O. Box 220 Menomonee Falls WI 53052 Phone Number: ( 262) 5 -5500 FAX Number: ( 262 ) 502 - 5522 E -Mail: Engineer: Name: Harold Schraibman - Paulson Mitchell, Inc. Address 85 -A Mill Street Suite 200 Roswell GA 30075 Phone Number: ( 770 )650 768.5 FAX Number. ( 77.0 ) 650 ' 7684 E -Mail: hschraibman @paulsonmitchell.com Surveyor: Name: Arthur Tucker - Tinkle au h Surveying Services Address 379 W. Michigan St. Suite 208 Orlando, F1 32806 Phone Number: ( 407 ) 422 - 0957 FAX Number: ( 407 ) 422 - 6915 E -Mail: I, Pf-�C) Z Sei BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ I AM THE OWNER'�CI 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 ACCURI T AND TRU THE F MY KNOWLEDGE AND BELIEF. �6/a <-/ IGNATURE � s r DATE SWORN TO AND SUBSCRIBED BEFORE ME BY PCLU I I< . e i to y WHO IS PERSONALLY KNOWN TO ME ,THIS (a4 DAY OF ._Tan u,0L r yl. 20S NOTARY'S SIGNATURE M. PRINTED NAME OF NOTARY (Lf C6Mhtt@8t6N-NE). /EXPIRATION / C.o SEAL: • - - - - - - - JILL M. RICHARD NOTARY PUBLIC STATE OF WISCON ----------------- Permit Application No. 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 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 AIV R AND NSE T BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR P MI MAD /,B Y AN E LOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. )/6 /0 y SIGNATURE DATE Sworn to and subscribed before me by 7Giu/ R, Sz f ey t" who is personally known to me er ml as4d9gt&.atinn this day of T cLr�L7, 20 0,f . c nn Notary's Signature � nr) LhC Printed Name of Notary r, r E ►iesieA -No. /Expiration Seal: -------------- - - - - -� JILL M. RICHARD NOTARY PUBLIC ; STATE OF WISCONSIN; '�----------- - - - - -- 3� Permit Application No. CPO SEW HOME OF IEUCAN KIAI'O Supplemental Information Application to the Board of Adjustment _ 1. This application is for a (check one): y_ 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): SAA attnrrAe`l, 3. Legal description of the property involved: See attached. _4. Attach the following: See attached. _ 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. (� 33 2. Specify all code provisions for which a variance is being requested. Sec 542 -5.3.3 Commercial General District Zoning D) Dimensional regulations 3) Lot coverage Minimum open space: 20% Maximum impervious surface 80% We are requesting a variance of the pervious surface regulation. Our site currently has the following lot coverage. Open Space 15% Impervious surface 85% Sec 54- 3-10.6 Design and specifications for parking areas. We are requesting a variance to the parking stall design. The city code specifies 21.5 foot length by a 10 foot wide stall with 18 foot aisles for 60 degree parking stalls. We are requesting 9.5 foot wide stalls by 18 foot width with 22 foot aisles. 3µ METES AND BOUNDS DESCRIPTION (GENERATED AT TIME OF SURVEY) LEGAL DESCRIPTION A parcel of land lying in Section 23, Township 31 South, Range 38 East, Indian River County, being more particularly described as follows: Commence at the Northeast corner of the Southwest 1/4 of the Southwest 1/4 of Section 23, township 31 South, Range 38 East, thence run North 89° 53' 45" West along the North line of the Southwest 1/4 of the Southwest 1/4 of said Section 23 a distance of 962.51 feet to the POINT OF BEGINNING; thence South 00° 07'00" East, a distance of 659.29 feet; thence South 890 53'01 " West, a distance of 500.59 feet to the Easterly right -of -way of County Road 510, thence run along said right -of -way, North 00° 02'32" West, a distance of 370.76 feet; thence departing said right -of -way, North 89° 57'28" East, a distance of 200.00 feet; thence North 00° 07' 00" West, a distance of 117.17 feet; thence North 890 53' 00" East, a distance of 10.00 feet; thence North 000 07' 00" West, a distance of 60.00 feet; thence South 89° 53' 00" West a distance of 10.00 feet; thence North 000 07' 00" West, a distance of 64.85 feet to a point on the Southerly right -of -way line of State Road 512, said point being on a curve concave Northerly and having a radius of 2060.00 feet; thence from a tangent bearing of North 83° 43' 51" East, run Easterly along the arc of said curve and Southerly right -of -way line through a central angle of 080 29'39" for a distance of 305.40 feet; thence departing said right -of -way line, South 00" 07' 00" East, a distance of 8.31 feet to the POINT OF BEGINNING. Containing 264,551.837 square feet or 6.073 acres, more or less. 3s' CONTINENTAL PROPERTIES C Q NI P A\ 1' . I\ C. January 16, 2004 Ms. Jan King, Manager Growth Management Department City of Sebastian 1225 Main Street Sebastian, FL RE: Continental 86 Fund, LLC Variance request Dear Ms. King, Continental Properties Company, Inc. ( CPCI) respectfully requests the City of Sebastian consider our request for a variance from the City's minimum open space requirements and the parking stall design requirements. CPCI is requesting these variances to help facilitate customer convenience and to provide for a more functional development. Specifically, we are requesting: • A reduction in the minimum 60 degree parking stall dimensions to accommodate adequate parking in front of the anchor grocery store. Providing the required 21.5' x 10' stalls will result in the loss of approximately 20 spaces at the front of the store. Because of the use of shopping carts in the parking lot, it is important to maximize parking near the main entrance and cart corrals. The proposed stall size meets the requirements of the retailer. • A reduction in the minimum required pervious area to 15% to help accommodate the necessary parking, truck maneuvering area and internal circulation for the development. Future road improvement projects on both CR 510 and CR 512 will make it necessary that access from Stony Point Drive become a main entrance to the center. This requires more enhanced drives around the buildings as well as providing adequate segregation of truck and auto traffic to ensure patrons can safely and efficiently enter and exit the site. To help mitigate the reduced landscape request, CPCI is willing to consider a variety of alternative measures including: • Incorporate additional landscaping in excess green space on the adjacent Shark Mart property. The total pervious area of both parcels is almost 19°/.. • Provide additional landscape plantings in key areas of the project that would have been required based on minimum green space requirements. • Contribute to a City funded offsite project for the difference in value of ordinance required landscaping and actual landscaping provided. • Work with the city to provide maintenance of landscaping in adjacent public rights of way such as Stony Point Drive. We are looking forward to working with the City of Sebastian on this project and hope you will give careful consideration to our request. Sincerely C e Properties Co pany, Inc. Thomas A. G' a ach Development Director Cc: Dan Bryant 6 30 10850 W. Park Place • Suite 600 • Milwaukee, W153224 • P.O. Box 220 • Menomonee Falls, WI 53052 • Telephone 262502.5500 • Fax 262.502.5522 Growth Management Department Variance Application - Staff Report 1. Project Name: Continental Properties Retail Development 2. Requested Action: Variance requested from Section 54- 2- 5.3.3.(d).(3) to allow the proposed development of this site to contain 85 percent impervious surface and 15 percent open space, whereas the code allows a maximum of 80 percent impervious surface and a minimum of 20 percent open space. Applicant is also requesting a variance from Section 54 -3 -10.6 to the parking stall specifications for 60 degree angle parking to allow 9.5 -foot width by 18 -foot length with 22 -foot aisles, whereas the code requires 10- foot width by 21.5 -foot length with 18 -foot aisles. 3. Project Location a. Address: East and South of the Sharkmart Mobil Gas Station (intersection of CR512 and CR510. b. Legal: Metes and Bounds description attached. 4. Project Owner: Paradise Partners, Inc. 953 Old Dixie Highway, Suite B -2 Vero Beach, Fl 32960 5. Project Agent: Thomas Gilgenbach Continental Properties Company, Inc. P. O. Box 220 Menomonee Falls, WI 53052 6. Project Description: a. Narrative of proposed action: Continential Properties Company, Inc. is currently designing a retail development near the intersection of CR512 and CR510, east and south of the Sharkmart Mobil Gas Station. They are requesting a reduction of the 20% open space requirement to 15 %. Thomas Gilgenback, in his letter of January 16, 2004 (attached) , has stated their need to accommodate truck 3� maneuvering and internal circulation for the development, as well as enhanced drives around the buildings. He also outlines several measures to mitigate the impact of this reduction. The applicant is also requesting a variation from the specifications for 60- degree angle parking, which is in line with the requirements of the future retailer. b. Current Zoning: CG (Commercial General) C. Adjacent Properties: Zoning Current Land Use Future Land Use North: County vacant County East: PUD -R Under construction LDR South: CG vacant CG West: CG & County Gas station & vacant CG & County d. Site Characteristics (1) Total Acreage: 6.07 acres (2) Current Land Use(s): vacant (3) Water Service: public (4) Sanitary Sewer Service: public BOARD CRITERIA FOR DETERM NING 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 find the following: a. Existence of special conditions or circumstances. b. Conditions not created by applicant. C. Special privileges not conferred. d. Hardship conditions exist. e. Only the minimum variance granted. f. Not injurious to public welfare or intent of ordinance. g. Conditions and safeguards may be imposed. h. Time limit may be imposed. i. No use variance permitted in specified instances. Please reference Section 54 -1 -2.5 of the Land Development Code for further explanation and clarification of the conditions as set forth above. Staff Recommendation: Hold quasi-judicial hearing to consider the request fora variance. z xzz� �G anagement Department Jate 35