HomeMy WebLinkAbout04-24-2013 BOA AgendaGn L-
SEBASTTAN
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET m SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589 -5518 m FAX (772) 388 -8248
AGENDA
BOARD OF ADJUSTMENT
WEDNESDAY, APRIL 24, 2013
6:00 P.M.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. ANNOUNCEMENTS:
5. APPROVAL OF MINUTES: Meeting of 2113113
6. OLD BUSINESS:
7. NEW BUSINESS:
A. QUASI- JUDICIAL PITBLIC HEARING:
KEVIN FAY. IN REGARDS TO LOT 12, BLOCK 123, SEBASTIAN
HIGHLANDS UNIT 4, AT 665 GLENCOVE STREET, IS REQUESTING A
VARIANCE TO CONSTRUCT AN EIGHT (8) FOOT FENCE ALONG THE
REAR OF THE PROPERTY, WHEREAS THE CODE WOULD PERMIT
SUCH FENCE TO BE A MAXIMUM SIX (6) FEET IN HEIGHT,
S. CRAIRNL4N'S MATTERS:
9. MEMBERS' MATTERS:
10. STAFF MATTER'S:
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 NFED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, 'WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO DE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (AIWA), ANYONE WHO NEEDS A
SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT TI [E CITY'S ADA COORDINATOR
AT (772) 589 -5330 AT FEAST 48 HOURS IN ADVANCE OF THE MEETING.
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ZM LT
HOME OP PELICAN ISLAND
BOARD OF ADJUSTMENT
REGULAR MEETING
MINUTES
WEDNESDAY, FEBRUARY 13, 2013 — 6.00 P,M.
1225 MAIN STREET, SEBASTIAN, FL 32958
Mayor McPartlan 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 Present:
Mayor Bob McPartlan
Vice -Mayor Don Wright
Council Member Jerome Adams
Council Member Andrea Coy
Council Member Jim Hill
Staff Present:
City Manager, AI Minner
City Attorney, Robert Ginsburg
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Community Development Director, Joseph Griffin
Senior Planner, Jan King
Planner, Dorri Bosworth
MIS Senior Systems Analyst, Barbara Brooke -Reese
4. ANNOUNCEMENTS - None
5. APPROVAL OF MINUTES_ Meeting of March 28, 2012
MOTION by Mr. Hill and SECOND by Mr. Wright to approve the March 28, 2012 minutes
were approved with a voice vote of 5 -0.
6. OLD BUSINESS - None
7, NEW BUSINESS'
A. QUASI - JUDICIAL PUBLIC HEARING.
SEACOAST NATIONAL BANK, IN REGARDS TO LOT 21, LYING EAST OF U.S.
HWY 1 OF WAUREGAN SUBDIVISION, LOCATED AT 13070 U,S, HWY 1, IS
REQUESTING A VARIANCE TO ALLOW A BANK WITH DRIVE - THROUGH FACILITY
TO BE 44 FEET FROM A RESIDENTIAL DISTRICT. WHEREAS THE CODE
REQUIRES SUCH USE TO Be 100 FEET FROM A RESIDENTIAL DISTRICT.
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Board of adjustment Meeting
February 13, 2013
Page Two
Mayor McRartlan opened the public hearing at 6,02 p.m.; the City Attorney read the
requested variance.
Disclosure of lax -Parte Communications - None
City Clerk Swears in All Who Intend to Offer Testimony
The Clerk swore in all those to offer testimony.
Staff Presents Findings and Analysis
The Senior Planner said the request was for an alteration to a condition of a drive -
through facility due to a unique size and depth, the applicant is requesting to be 44 feet
from residential property as opposed to the required 100 feet.
Applicant Presentation
Joseph Shulke, 5hulke. Bittle and Stoddard, said this particular property just doesn't
have much depth and the 100 foot setback is impossible, the adjacent residential
property is actually Indian River County and if the bank was in the County they could
build the drive through. He said they propose to mitigate the reduction with a
landscaped buffer, walls to prevent head light intrusion, restrict the variance to financial
institutions only, and restrict the service hours.
Council Questions of AUDLcant and Staff
Ms. Coy said she appreciate his input on County regulations.
Mayor Opens The Floor For Anyone In Favor Of Request - None.
Mayor Opens The Floor For Anyone Opposing The Request - None
Applicant Response To Issues Raised E Staff Or Public -_Not applicable.
Staff Provided Opportunity to Summarize Request
The Community Development Director recommended approval with the established
conditions.
City Council Deliberation and Questions - None-
Mayor Calls For Motion
MOTION by Mr. Wright and SECOND by Ms. Coy to approve the variance as
recommended by staff.
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Board of Adjustment Meetyng
February 13, 2013
Page Three
Ms. Coy clarified the variance would apply to financial institutions and if a restaurant
wanted to come in the future, they would have to apply for the variance. The City
Attorney confirmed this; but, tonight the Board was approving a variance as opposed to
a site plan.
Mr, Adams asked if anyone contacted the City regarding this request. The Planner
responded that staff did not hear from anybody in response to the required mailing sent
out to adjacent property owners within 300+ feet and the Press Journal newspaper
advertisement.
City Council Action
Result of the roll call vote:
AYES. All
NAYS: None
Passed 5 -0.
$. CHAIRMAN'S MATTERS — None.
9, MEMBERS` MATTERS None.
10. STAFF MATTERS — None.
11. Being no further business, Mayor MoPartlan adjourned the Board of Adjustment meeting
at 6.12 P.m.
Approved at the Board of Adjuatment meeting,
Bob McPartlarr, Mayor
ATTESr'
Sally A. Maio, MMC — City Clerk
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Cm OF
SEBAST�IAN
HOME OF PELICAN ISLAND
C:omnjunit3, Development
Variance Application - Staff Report
1. Project Name: Kevin & Lois Fay Residence
2. Requested Action: Variance requested from Section 54- 2- 7.7(c)(1) of the Sebastian
Land Development Code to allow construction of an eight (8) foot fence along the rear of
their property, whereas the code would permit such fence to be a maximum six (6) in
height.
3. Project Location
a. Address: 665 Glencove Street
b. Legal: Lot 12, dock 123, Sebastian Highlands Unit 4
4. Project Owner: Kevin & Lois Fay
665 Glencove Street
Sebastian, FL 32458
414 -919 -7274
5. Project Contractor: Dan Turner
3 -D Fencing
6. Project Surveyor: William Hayhurst
Hayhurst Land Surveying, Inc.
7. Project Description:
a. Narrative of proposed action: Kevin Fay has applied for a variance to construct
an 8 -foot fence along the rear of his property located at 665 Glencove Street. The
vacant lots to the cast of his property were recently cleared and the natural buffer
he had enjoyed to the rear of his swimming pool no longer exists. Although he
has some landscaping in that area, Mr. Fay decided to put a six -foot wooden fence
up to provide the privacy he seeks.
There is a Substantial grade elevation to the rear of his swimming pool. He would
like to locate the fence approximately three (3) feet from the pool deck, with the
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existing landscaping along the outside of the fence. However, the effectiveness of
a six -foot fence is diminished by 18 to 24 inches because of the grade change.
Therefore, Mr. Fay is requesting an eight -foot fence.
b. Current Zoning: RS -10 (Residential Single Family)
C. Adjacent Properties:
d. Site Characteristics
(1) Total Acreage: .23 acres
(2) Current Land Use(s): residence
(3) Water Service: well
(4) Sanitary Sewer Service: septic system
S. Staff Comments:
Staff has analyzed the variance request based on the conditions of the site and the potential
impact on the surrounding properties, which is summarized in the attached Board Criteria
for Determining Variances. Also, the applicant has provided cross section drawings and
staff has provided photos of the area in question.
9. Board Criteria for Determining Variances:
See attached analysis.
10, Staff Recommendation:
Stan` recommends approval of the variance for Kevin Fay at 665 Glencove Street to allow
an 9-foot fence along the rear of this property.
2
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Zoning
Current Land
Use
Future Land
Use
North:
RS -10
vacant
LDR
East:
RS -10
vacant cleared
LDR
South:
RS -10
vacant
LDR
West:
RS -10
residence
LDR
d. Site Characteristics
(1) Total Acreage: .23 acres
(2) Current Land Use(s): residence
(3) Water Service: well
(4) Sanitary Sewer Service: septic system
S. Staff Comments:
Staff has analyzed the variance request based on the conditions of the site and the potential
impact on the surrounding properties, which is summarized in the attached Board Criteria
for Determining Variances. Also, the applicant has provided cross section drawings and
staff has provided photos of the area in question.
9. Board Criteria for Determining Variances:
See attached analysis.
10, Staff Recommendation:
Stan` recommends approval of the variance for Kevin Fay at 665 Glencove Street to allow
an 9-foot fence along the rear of this property.
2
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11. Board Action:
Conduct quasi - judicial hearing to consider the requested variance.
p orr ared b King, Senior Planner
ut elopment Department
41 -KO-/
Date
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BOARD CRITERIA FOR DETERMINING VARIANCES
Section 54 -1 -2.5
In order to authorize any variance from the terms of the land development
regulations, the Board of Adjustment must use the following criteria for approving or
denying a variance:
a. Existence of special conditions or circumstances. That special conditions and
circumstances exist which are peculiar to the land, structure, or building involved and
which are not applicable to other lands, structures, or buildings in the same zoning
district,
Meets Standard Yes No Fi
Fill was added to the site at the time the residence was constructed
to provide adequate elevation for the septic system. Also, there is an
existing ditch on the rear of the property which is part of the overall
drainage system for the area. This has created a significant
elevation drop from the rear of the pool deck toward the property
line.
h. Conditions not created by a gglicant. That the special conditions and
circumstances do not result from the actions of the applicant.
Meets Standard Yes i No �_;
The elevation needed for the septic system was established by the
Health Department standards and the drainage ditch is part of the
City's overall drainage system.
C. Special 11rivileges not conferred. That granting the variance requested will not
confer on the applicant any special privilege that is denied by this ordinance to other
lands, buildings, or structures in the same zoning district.
Meets Standard Yes W// No N_
Six -foot fencing is permitted in residential districts provided certain
conditions are met. However, the elevation strop on the property has
created a situation which causes a standard 6 -foot fence to only
provide the visual privacy of a 4-foot fence,
d. Hardship conditions exist. That literal interpretation of the provisions of the
ordinance would deprive the applicant of rights commonly enjoyed by tither
properties in the same zoning district under the terms of the ordinance and would
create unnecessary and undue hardship on the applicant.
4
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Meets Standard
Yes Z No F
Due to the existing topography at the rear of the pool area, a 6 -foot
fence would not create the privacy normally expected unless it was
placed against the deck. However, Mr. Fay is requesting the fence
be located 3 feet off the deck to allow more yard area within the
fence.
e. Only the minimum variance granted. That the variance granted is the
minimum variance that will mare possible the reasonable use of the land, building, or
structure.
Meets Standard
Yes l No L1
The granting of this variance for an 8 -foot fence would be the
minimum necessary to provide the applicant with the level of privacy
normally provided by a la -foot Bence.
f. Not iniurious to public welfare or intent of ordinance. That the granting of the
variance will be in harmony with the general intent and purpose of the comprehensive
plan and this code, and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
Meets Standard Yes I_ No 1,.I
The granting of the variance would be in harmony with the general
intent and purpose of the Comprehensive Flan and the Land
Development code and will not be Injurious to the area Involved or
otherwise detrimental to the public welfare.
9. Conditions and safeguards may be imposed. In granting any variance, the
hoard of adjustment may prescribe appropriate conditions and safeguards in
conformity with chapter 163 F'.S., the comprehensive plan, and any ordinance enacted
under its authority. Violation of such conditions and safeguards, when made a part of
the terms under which the variance is granted, shall be deemed a violation of the
ordinance.
Meets Standard
Yes No I.1
Staff recommends approval of the variance to allow an 8 -foot fence
along the entire rear of the property, running approximately 3 feet off
the pool deck.
S
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h. Time limit may be imposed. The board of adjustment may prescribe a
reasonable time limit during which the applicant shall commence and /or complete the
subject actions and conditions approved by the board.
Meets Standard Yes r No C
No time limit is being proposed.
i. No use variance ermitted in specified instances. Lender no circumstances
shall the board of adjustment grant a variance to permit a use not generally
permitted in the zoning district involved or any use expressly or by implication
prohibited by the terms of the ordinance in the zoning district. No nonconforming
use of neighboring lands, structures, or buildings in the same zoning district and no
permitted use of lands, structures, or buildings in other zoning districts shall be
considered grounds for the authorization of a variance.
Meets 'Standard
Yes I. NO LI
The request is not a use - related variance.
6
10 of 21
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Ir of 21
Permit Application No.
City of Sebastian
wrwurnrarrrrw rsNn Development Order Application
Applicant if not owner, written authorization
notarized from owner is required)
Name:
L
Address:
Phone Number: ( � )
+ 7 L,—
FAX plumber: ) -
E -Mail:
61,14 t� I L. . C!
Owner If different from applicant)
'
Name:
Address:
Phone Number: ( ) - FAX Number:
EWail:
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 5 -112" BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLf=METAL INFORMATION FORM.
A. Project Name (if applicable):
S. Site Information -
Address: ,
Lot: Block- Unit: Subdivision: tJ {- 1 4A, ICJ
Indian River County Parcel #:
711 �
713 �i� � �� 0I C-
Zoning Classification: Future Land Use:
Existing Use: Proposed Use:
Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessa
� -
rf�i S+tvt–c+,
DATE RECEIVED: 3 11 FEE PAID: $ 1 RECEIVED
16 of 21
Permit Application No.
D. IPro'eot personnel:
Agent:
Name:
v v
- - -
Address -
Phone Number: ( ) -
FAX Number: ) -
E -Mail:
Attorney:
Name:
Address
Phone dumber: ( ) -
FAX Number,
E -Mail:
Engineer:
Name:
Address
Phone Number: ( ) -
FAX Numbeer:
E -Mail:
Surveyor:
dame°
Address
Phone Number. ( ) -
FAX Number:
E -Mail:
I, , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT-. _ I AM THE OWNER
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.
SIGNATURE U DATE
SWORN TO AND SUBSCRIBED BEFORE ME BY - y
WHO I$ PERSONALLY KNOW TO ME OR PRODUCED Knct0ol
AS IDENTIFICATION. THIS `j DAY OF i 26 .
NOTARY'S SIGNATURE
PRINTED NAME OF NOTARY a - 7'
COMMISSION No./ExPIRATION — G
SEAL:
E 7eo A LU iViliCHANT MIs5ION # EE42SQ53 September 21, 2x14 daNaES arvf.,,n
17 of 21
Permit Application No.
The following is required for all comprehensive plan amendments, coning amendments
(including rezoning), site plans, conditional use permits, special use permits, variances,
exceptions, and appeals.
11WE, _ THE OWNER(S) i _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH I5
THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE 60/426 OP f LN07.t577y/c UT-
I30ARDICOMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MYIOUR PENDING APPLICATION.
IANE HEREBY WAIVE ANY DEJECTION OR DEFENSE IIWE MAY HAVE, DUE TO THE QUASI- JUDICIAL NATURE OF THE
PROCEEDINGS, R5SULTING 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
PRQM1Sft%MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN.
SIGNATURE DATE
Sworn to and subscribed before me by e4l ,
who is personally known tome or produced e- Q
as identification, this day of -.20
Notary's Signature
Printed Name of Notary
Commission No- !Expiration ter, -Z! �2
Seal:
CYNTHIA LU MARCHANT
_ *• "= 4Ay C4NMISSION * EE028053
a g� EXPIRES September 21, 2014
140 399 -015 Flurfdallot�rySe+xica,com
18 of 21
Permit Application No
y
WME Cf PEUCkN isE NO
Supplemental Information
Application to the Board of Adjustment
1. This application is for a (check one): variances) 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).
3- legal description of the property involved;
4. Attach the following:
a. Boundary survey of the property executed by a Florida Registered
Surveyor. The survey shall show the dimensions of the lot or parcel at
issue, the location of all structures.. if any, along with adjacent streets.
and all easements and right -of -ways.
h. 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,
19 of 21
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