HomeMy WebLinkAbout02262003BOA Agenda_ ,`.
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589 -5537 ■ FAX (561) 589 -2566
AGENDA
BOARD OF ADJUSTMENT
WEDNESDAY, FEBRUARY 26, 2003
6:30 P.M.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. ANNOUNCEMENTS:
5. APPROVAL OF MINUTES: Regular meeting — 1/8/03
6. OLD BUSINESS:
7. NEW BUSINESS:
A. PUBLIC HEARING:
Onsite ManaLrement, in regards to Lot 145, Collier Club Phase 11A, located at
770 Gossamer Wing Way, is requesting a variance to allow an accessory structure
to be 3.5 feet from the rear property line, whereas the code requires this structure
to be a minimum of 10 feet from the rear property line.
8. CHAIRMAN'S MATTERS:
9. MEMBERS' MATTERS:
10. STAFF MATTERS:
11. ADJOURN:
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT
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 (561) 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING.
1
CITY OF SEBASTIAN
BOARD OF ADJUSTMENT
REGULAR MEETING
JANUARY 8, 2003
CITY COUNCIL CHAMBERS
1225 MAIN STREET
SEBASTIAN, FL 32958
MINUTES
Mayor Barnes called the Regular Meeting to order at 6:31 p.m.
The Pledge of Allegiance was recited.
ROLL CALL: PRESENT:
ALSO PRESENT:
ANNOUNCEMENTS: None
Mayor Walter Barnes
Joe Barczyk
Ray Conigho
Vice -Mayor James Hill
Edward J. Majcher, Jr.
Jan King, Growth Management Director
Jeanette Williams, Deputy City Clerk
APPROVAL OF M INUTES: Regular Meeting - 12/11/02
MOTION by Hill/Conigho
"Move approval of minutes from regular meeting 12/11/2002."
ROLL CALL: Mr. Hill
-aye
Mr. Barczyk
-aye
Mr. Conigho
-aye
Mr. Maj cher
-aye
Mayor Barnes
-aye
MOTION CARRIED 5 -0
OLD BUSINESS: None
NEW BUSINESS:
A. Public Hearing — EDWARD ARENS, in regards to Lot 20,
Block 226, Sebastian Highlands Unit 6 (1034 Rose Arbor
Drive), is requesting a variance to allow an existing residence
to be 5.76 feet from the side property line, whereas the code
requires this structure to be a minimum of 10 feet from the side
property line.
Board of Adjustment Meeting
January 8, 2003
Page Two
The Deputy City Clerk swore in the applicant and the Growth Management Manager. The
Growth Management Manager stated this variance is to allow a 1979 house to be closer to the
side property line. She further stated additions were built m 1983 and when permits were applied
for, an error plot plan was used instead of a survey. Staff feels it is a hardship to request the
owners to remove part of their house.
Mayor Barnes questioned the reason for the number of these variance requests. The Growth
Management Manager stated in the past it was not a requirement to provide a survey to build but
codes have tightened up since then. She also stated that title companies are proceeding cautiously
with the issuance of policies. The City Attorney reminded Council that this is the second time
they have seen a request regarding this particular property.
Mr. Majcher asked who is liable for the way these homes are built. The Growth
Management Manager stated the Building Department is relying on the survey and surveyors
carry insurance. The City Attorney confirmed the City would not be liable.
MOTION by Barczyk/Hill
"Move to approve the variance on Lot 20, Block 226, Highlands Unit 6, 1034 Rose
Arbor Drive with structure, existing structure."
The City Attorney advised the Board to open the public hearing however there was no input.
ROLL CALL: Mr. Barczyk
-aye
Mr. Conigho
-aye
Mr. Majcher
-aye
Mayor Barnes
-aye
Mr. Hill
-aye
MOTION CARRIED 5 -0
CHAIRMAN'S MATTERS: None
MEMBER'S MATTERS : None
STAFF MATTERS: None
Being no further business, the meeting was adjourned at 6:43 p.m.
Approved at the
Walter W. Barnes
Mayor
Attest:
Sally A. Maio, CMC
City Clerk
Board of Adjustment meeting.
Prepared By:
Jeanette Williams
Deputy City Clerk
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1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (561) 589 -5518 ■ FAX (561) 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 FEBRUARY 26, 2003, AT
6:30 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET,
SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 54- 2- 7.5(b)(1)(a)
OF THE SEBASTIAN LAND DEVELOPMENT CODE.
ONSITE MANAGEMENT, IN REGARDS TO LOT 145, COLLIER CLUB PHASE IIA,
LOCATED AT 770 GOSSAMER WING WAY, IS REQUESTING A VARIANCE TO
ALLOW AN ACCESSORY STRUCTURE TO BE 3.5 FEET FROM THE REAR
PROPERTY LINE, WHEREAS THE CODE REQUIRES THIS STRUCTURE TO BE A
MINIMUM OF 10 FEET FROM THE REAR PROPERTY LINE.
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 (561) 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING.
Published February 11, 2003
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JAN.17.2003 8 :46AM BLDG DEPT SEBASTIAN
City of Sebastian
Development Order Application
NO. 664 P.2 /5
Permit Applioatlon No.` 3 UU
Applicant N not owner, written authorization (notarized) from owner Is required)
Name: '
; fi
Addrass:�s` kLn-k1
+ t 1 V
Phone Number, (-772) - FAX Number. (172)
L 3 )q cote
E -Mail:
Existing Use:
Owner If different from applicant)
Name:
Address:
; fi
Phone Number ( �7)
FAX Number. (772.) r7a — qQ ILa
E -Mail:
Zoning Classification:
of permit or action requested; •. x—jYt
vo::r lax c�
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, I=- SHAD. BE ATTACH® AND 81/Z' BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE tNCLUDeo. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project's Name (`aPPlieabie) �.
N U (Dwo n_ m -u-k
B. Site Information
Address: C-1..11
3�q
Lot 1=A 5 Black.
Unit Subd on:n ^i 1 , - _— C l U..b ��
Indian River County Parcel # C(D _ 0a:)0_ Doi 14,17-3 _ o
Zoning Classification:
� _12) Future Land Use:
Existing Use:
Proposed Use:
C. Description of proposed activity and purpose of the requested permit or action (attach extra sheets if
necessary): ''eay_ ,40-y— kcLn �.
DATE RECEIVED:
FEE PAID: $ •
� ju s3
RECEIVED BY:
Form 02001 I page 1 of 3 Dev*kWment AAaffi=Wn
Approved.- 08 27197 I Revl dw. Rle Name: Doa
43-
JAM.17.2003 13:46Am BLDG DEPT SEBASTIAN
NO. 664 P.3/5
Permit Application No.
D. Project Personnel:
Agent:
1 3
carton
Name:
Address p n �binir__
(1Y74
g,{
Phone Number. ( -7-72) _
FAX Number.
0-7729 O
E -Mail:
,.�2U �CJlS1Ae
Attorn -
Name: J
Address
Phone Number. ( ) -
FAX Number.
( ) -
E -Mail:
Engineer.
Name:
Address l LA
V
-PL P
Phone Number: (— 7"2-) FAX Number.
� -70 - A-10-7
(772- ) -
7 -70 - 44L040
E -Mail:
Surveyor.
Name:
Address 3�1�i 3q n
v2r 3tc00
Phone Number. (,7Z) -r Q .
FAX Number
( r7- 7J FJCO�
E -Mail:
BEING FIRST DULY SWORN, DEPOSE AND SAY THAT. _ 1 AM THE OWNER �l
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
A"UCATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACC TR TO THE BEST OF MY *fOWLEDQE AND BELIEF,
Zi v
R I TE
SWORN TO AND SUBSCRIBED BEFORE M&P ��'� - ' ` °�`- � � � 4E�
WHO IS PERSONALLY KNOW =Q.IE,OR PRODUCED 2�C
AS IDEN71MCC7 ION. THIS• ".� � 'X-6AY OF
NOTARY'S SIGNATURE \
PRINTED NAME OF NOTARY
COMMISSION NC./EXIDIRATION
SEAL:
eiy LINDA A DU sm
.; :.`• W COMMISSION It CC 963964
EXPIRES: August 28, 2004
Owdrd Thu Nowt Ptft Undrwdws
Form Ca7001
1 3
carton
Appmved., 08/27/97
Revkjon:
I F90 AIRMC Daw
JAN.17.2003 8 :46AM BLDG DEPT SEBASTIAN'
NO. 664 P.4 /5
Pemlt Applicstlon Na. D 3 -0
The following is required for all comprehensive plan amendments, zoning amendment
(Including rozoning), sits pima, conditional use permits, special an* permits, variances,
exceptions, and appeals.
IIWE, — THE OWNER(S) ZT'HE LEGAL REPRESENTATIV9 OF THE OWNER OF THE PROPERTY DESCRIBED WHICH Is THE
SUBJECT OF THIS APPLICATION, HEREBY AUTHORM EACH AND EVERY MEMBER OF THE L OF &QTUS- mE^.t7-
SOARO/COMNISSION OF THE CITY OF SEBASW ME 13OARD"COMM183I0NI TO PHYSICALLY ENTER UPON THE PROPERTY
AND VIEW THE PROPERTY IN CONNECTION WITH IW /oUR PENDING APPLICATION-
i/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE ME 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 18 BEING SIGNED By MINUS VOLUWARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
pR AGENT, CONTRACTOR OR OFI<ICIAL OF THE CITY OF SEHASTIAIV.
1 ZZ
S"TUIW DATE
Swam to and subscribed before me by xy ten,
who is permnally known tour d ced
as identification: this fey - Z{ -Z--3
Notary's 3bnature� uniDAA Dueas
Printed Name of Notary �► .: MY COMMISSION # CC gg964
Commiaslon NoR.*ration EXPIFIES: August 2B,2004
•xr,.n eond.d
Sett: Thni WoWry c urwerw�,
t
W
JAN. 17.2003 8 :46AM BLDG DEPT SEBASTIAN
PKmit Applicat en Na.
Supplemental Information
Application to the Board of Adjustment
—1. This application is for a (check one); ✓ variance(s) appeal(s)
N0.664 P.5/5
03 -voz
j _ 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):
\n ' _1 D 'S'61 J�e' - U
3. Legal description of the property involved): \4,E)
C�Ck CY LU�
!•
•. % • R . •
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
For» CD-2=
.1 of 1
I Board of A U5W nr
vsQ: G8JZ7/97
Revwcn:
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' BUILDING SETBACKS:
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C� 19 .97 � , �/' L 2 S 57' 24'24'E 90.06'
P.C.P. O ,P/.� L 3 S 57.24'39'E 47.22'
REVISIONS BY DRAWN smv
sMv
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DMJ
07° s -02 DAVID M. JONES
SCALE PROFESSIONAL SURVEYOR Q MAPPER
i - -20'
JOB No.
2001-065-145
3 SHIFT SITE PLAN 9ffl
TIE- 0 CH8 2 (772)567 -9875 3899 39TH SQUARE
1-17-03 CHB (77 2)567- 9172FAX VERO BEACH . FL 32960
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9
' 4\ 7 -5 -5. 11 .07'
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5 •I
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19.84 CR \ .
14 26'
—�' - --- - -�_ LINE BEARING DISTANCE
50.R1W" L I N 66 53'55'W 8.12•
19.97 V �,/i L 2 S 57'24'24'E 90.06'
P.C.P. 4 L 3 S 57.24'39•E 47.22'
F.C.P.
DRAWN
REVISIONS BY SMV
CKED
DA TE DA DAVID M. JONES
07 -05 -02
SCALE PROFESSIONAL SURVEYOR d MAPPER
1'•20'
JOB N0.
2001-065-145
S-EET
2 (772)567 -9875 3899 39TH SQUARE
2. FLIP HOUSE (772)567- 9172FAX VERO BEACH FL 32960
1 -22-03 CHB
1. TOP 0 OF 2 94EETS
11/11/02 BJR
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Growth Management Department
Variance Application - Staff Report
Project Name: Variance for Accessory Structure Rear Yard Setback
Requested Action: The applicant has requested a variance to allow a swimming pool
deck and screen enclosure to be 3.5 feet from the rear property line.
Project Location
a. Address: 770 Gossamer Wing Way
b. Legal: Lot 145, Collier Club Phase 2A
Project Owner: Southern Classic Homes
1999 Point West Drive
Vero Beach, FL 32966
Project Agent: Steve R. Melchiori
OnSite Management
1999 Point West Drive
Vero Beach, FL 32966
Project Description:
a. Narrative of proposed action: The applicant has requested a variance to
allow an accessory structure to be 3.5 feet from the rear property line. Section 54-
2-7.5(b)(1)(a) of the Sebastian Land Development Code requires an accessory
structure to be a minimum of 10 feet from the rear property line.
b. Current Zoning: PUD -R (Planned Unit Development - Residential)
C. Adjacent Properties:
Zoning Current Land Future Land
Use Use
North: PUD -R conservation LDR
East: PUD -R vacant LDR
D 3 -ODZ, >
South: PUD -R vacant LDR
West: PUD -R vacant LDR
d. Site Characteristics
(1) Total Acreage: .21 acres
(2) Current Land Use(s): vacant
(3) Water Service: public
(4) Sanitary Sewer Service: public
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.
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 Comments:
Steve Melchiori, On5ite Management, has requested approval to construct a residence with a
pool and screen enclosure as shown on Exhibit A. Although the residence will meet all setback
requirements, the pool deck and enclosure will encroach into the ten -foot accessory structure
2
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setback. By reversing the footprint of the structures, as shown on Exhibit B, all setbacks can be
met and no variance would be needed.
The applicant desires to use Exhibit A (requiring a variance) to conserve several clusters of oak
trees on the lot. Exhibit-B would require the removal of most of the oak trees in the front yard,
as well as most of the oak trees in the rear yard.
Staff has reviewed both site plans and agrees that Exhibit A is the best plan. Lot 145 has an
unusual shape and the existing oak trees present a unique situation. Preservation of the oak trees
would be in the best interest of the public welfare. The plan shown on Exhibit A will also
provide more open space because the driveway length would be reduced. Tract E, north of the
lot, would be most impacted by a reduction of the rear setback. However, Tract E is a
conservation tract, which has been dedicated to the homeowners association and is encumbered
by a conservation easement belonging to the St. Johns River Water Management District.
Consequently, there will be no residential development on this tract.
Staff Recommendation:
Staff recommends approval of the variance for Lot 145, Collier Club Phase IIA to allow the
accessory structures to be 3.5 feet from the rear property line.
Prepared by Jan Kfiy Date
Growth Management Department
3