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HomeMy WebLinkAbout10-09-2013 BOA AgendaL OF SEBASTLkN HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 ■ FAX (772) 388 -8248 AGENDA BOARD OF ADJUSTMENT WEDNESDAY, OCTOBER 9, 2013 6:00 P.M. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: Meeting of April 24, 2013 6. OLD BUSINESS: 7. NEW BUSINESS: A. QUASI - JUDICIAL PUBLIC HEARING: KAISA LIND, IN REGARDS TO LOT 7, BLOCK 7, SEBASTIAN HIGHLANDS, AT 108 BOB CIRCLE, IS REQUESTING A VARIANCE TO CONSTRUCT A 9 -FOOT WIDE CARPORT, WHEREAS THE CODE REQUIRES SUCH CARPORT TO BE A MINIMUM OF 10 FEET WIDE. 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. My (f , HOME OF PELICAN ISLAND BOARD OF ADJUSTMENT MEETING SEBASTIAN CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN WEDNESDAY, APRIL 24, 2013 - 6 PM MINUTES Mayor McPartlan called the Board of Adjustment meeting to order at 6 pm. 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 City Council Absent: Council Member Jim Hill (excused) City Staff Present: City Manager, AI Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Community Development Director, Joseph Griffin Planner, Jan King Deputy Police Chief, Greg Witt MIS Analyst Robb Messersmith 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: MEETING OF 2/13/13 MOTION by Mr. Wright and SECOND by Ms. Coy to approve the February 13, 2013 minutes. Voice Vote: Ayes: McPartlan, Wright, Adams, Coy Nays: None Passed 4 -0 (Hill Absent) 6. OLD BUSINESS: None. 7. NEW BUSINESS: A. QUASI- JUDICIAL PUBLIC 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 OF SIX (6) FEET IN HEIGHT. Mayor McPartlan opened the hearing at 6:02 pm and the City Attorney read the variance request title. No member of Council had ex -parte communication to disclose. The City Clerk swore in all who intend to provide testimony including staff. Board of Adjustment Meeting April 24, 2013 Page Two Applicant presentation Kevin Fay, 665 Glencove, presented the request for fencing to provide additional height to his back fencing to give him more privacy following clearing of a rear property. Staff presents finding and analysis Planner Jan King gave the staff report on the request to raise a six foot fence higher up the post, citing that code establishes maximum fence height at six feet, but this fence though only six feet will be located higher up on an eight foot post will result in an eight foot high fence. She said his reason is that it is due to the slope on his property and to provide privacy to the pool area from adjoining property. Council questions of the applicant and staff Ms. Coy said she was unable to visit the site, said staff did a great job with visuals and asked if the fence was in the easement, and Ms. King responded it was on the property. Mr. Wright said it looks like there are no issues from neighbors, and Ms. King confirmed letters had gone out to everyone within a 300 ft. radius and nothing was received back in writing. Ms. King confirmed for Mr. Adams that the post will be eight feet tall, but the six foot panels will be raised from the ground to make them a height of eight feet. Mayor McPartlan opened the floor for anyone in favor of the request and there was none. He then opened the floor for anyone opposing and there was none. The applicant had no further input, there was no further summary from staff and no further discussion by Council. MOTION by Mr. Wright and SECOND by Ms. Coy to approve the variance. Roll Call: Ayes: McPartlan, Wright, Adams, Coy Nays: None Passed 4 -0 (Hill Absent) 8. CHAIRMAN'S MATTERS: None 9. MEMBERS' MATTERS: None 10. STAFF MATTERS: None 11. Being no further business, Mayor McPartlan adjourned the Board of Adjustment meeting at 6:09 p.m. Approved at the Board of Adjustment Meeting. By: Bob McPartlan, Mayor Attest: 2 Sally A. Maio, MMC, City Clerk cff Y HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589 -5518 ■ FAX (772) 388 -8248 www.cityofsebastian.org 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 ON WEDNESDAY, OCTOBER 9, 2013, 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- 5.2.3(d)(7) OF THE SEBASTIAN LAND DEVELOPMENT CODE. KAISA LIND, IN REGARDS TO LOT 7, BLOCK 7, SEBASTIAN HIGHLANDS, AT 108 BOB CIRCLE, IS REQUESTING A VARIANCE TO CONSTRUCT A 9 -FOOT WIDE CARPORT, WHEREAS THE CODE REQUIRES SUCH CARPORT TO BE A MINIMUM OF 10 FEET WIDE. BOB McPARTLAN, 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: Tuesday, September 24, 2013 CITY OF SEBASTLAN HOME OF PELICAN ISLAND Community Development Variance Application - Staff Report 1. Project Name: Kaisa Lind Residence 2. Requested Action: Variance requested from Section 54- 2- 5.2.3(d)(7) of the Sebastian Land Development Code to allow a 9 -foot wide carport, whereas the code requires such carport to be a minimum of 10 -feet wide. 3. Project Location a. Address: 108 Bob Circle b. Legal: Lot 7, Block 7, Sebastian Highlands 4. Project Owner: Kaisa Lind 108 Bob Circle Sebastian, FL 32958 772 - 240 -4949 5. Project Surveyor: Thomas Cecrle Cecrle Land Surveying, Inc. 10749 Highway U.S. 1, Suite A Sebastian, FL 32958 7. Project Description: a. Narrative of proposed action: Ms. Lind wishes to convert her garage into additional living area. To do this, she must provide another carport or garage with a minimum clear interior space of 10 feet by 20 feet. Initially, the applicant proposed a 10' x 23.6' carport on the side of the house. However, that would create a setback problem, being only 9 feet from the property line and the code requires a minimum side setback of 10 feet. The plans for the carport were then scaled down to 9 feet wide (with a 7 foot opening) to have the least impact on the neighboring property. b. Current Zoning: RS -10 (Residential Single Family) C. Adjacent Properties: d. Site Characteristics (1) Zoning Current Land Use Future Land Use North: RS -10 residence LDR East: RS -10 residence LDR South: RS -10 residence LDR West: RS -10 vacant LDR d. Site Characteristics (1) Total Acreage: .23 acres (2) Current Land Use(s): residence (3) Water Service: public water (4) Sanitary Sewer Service: septic system 8. 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 plans to provide drawings of the proposed carport at the meeting. 9. Board Criteria for Determining Variances: See attached analysis. 10. Staff Recommendation: Staff recommends approval of the variance for Kaisa Lind at 108 Bob Circle to allow a 9- foot wide carport to meet the mandatory code requirement for a carport or garage. 11. Board Action: Conduct quasi-judicial hearing to consider the requested variance. 2 r � I Prepared by Jan"'Kmfg, Senior Planner Community Development Department JO-3 J3 Date BOARD CRITERIA FOR DETERMINING VARIANCES Section 54 -1 -2.5 In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must use the following criteria for approving or denying a variance: a. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Meets Standard Yes Ve", No ❑ The location of the existing structures on the property limits the potential location for a carport. The carport shown on the attached survey appears to be in the most practical and usable location. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes V10" No ❑ Ms. Lind is not the original owner of this house. If the house had been built 2 feet closer to Lot 8, there would have been plenty of room to construct a 10 -foot wide carport and still meet the 10 -foot side yard setback. C. Special privileges 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 Z No ❑ By reducing the size of the carport, rather than asking for a reduction in the setback, the applicant has taken the burden of the situation rather than impacting the neighboring property. d. Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. 0 Meets Standard Yes Q' No ❑ Though slightly reduced, the applicant is still providing a carport to meet the requirement of the code. e. Only the minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Meets Standard Yes COY No ❑ The granting of this variance for a 9 -foot wide carport will allow the applicant to convert the garage into living space while still meeting the mandatory code requirement to provide a carport or garage. f. Not incurious to public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Meets Standard Yes No ❑ The granting of the variance would be in harmony with the general intent and purpose of the Comprehensive Plan and the Land Development code and will not be injurious to the area involved or otherwise detrimental to the public welfare. ¢. Conditions and safeguards may be imposed. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 F.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. Meets Standard Yes No ❑ Staff recommends approval of the variance to allow a 9 -foot wide carport to meet the mandatory code requirement, with no conditions. 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. E Meets Standard Yes Q' No ❑ No time limit is being proposed. i. No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. Meets Standard Yes No ❑ The request is not a use - related variance. G I1 BLOCK 7 BLOCK 7 LEGAL DESCRIPTION: LOT 7, BLOCK 7, SEBASTIAN HIGHLANDS, ACCORDING TO THE PLAT THEREOFAS RECORDED IN PLAT BOOK 5, PAGES 14 AND 15, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SURVEYOR'S NOTES: 1. BEARINGS SHOWN ARE BASED ON THE WEST RAV LINE OF BOB CIRCLE AS S 44 °51'00' E AS PER RECORD PLAT. 2. NO INSTRUMENT OF RECORD REFLECTING EASEMENTS, SETBACK LINES RIGHTS OF WAY AND /OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT AS SHOWN. NO TITLE OPINION IS EXPRESSED OR IMPLIED. 3. THIS SURVEY IS NOT INTENDED TO LOCATE EXISTING UNDERGROUND FOUNDATIONS, ENCROACHMENTS OR ANY IMPROVEMENTS EXCEPT AS SHOWN. 4. THE LOT SHOWN HEREON IS LOCATED IN FLOOD ZONE 'X' PER FLOOD INSURANCE RATE MAP 12061CO103 H, DECEMBER 4,2012. 5. DISTANCE ACCURACY FOR THIS TYPE OF BOUNDARY SURVEY IS SUBURBAN, I FOOT IN 7,500 FEET, UNITED STATES STANDARD FEET. ABBREVIATIONS: P -PLAT M- MEASURED R/W -RIGHT OF WAY A/C -AIR CONDITION 4- CENTERLINE COV.- COVERED LS- LANDSURVEYOR O.U.L.- OVERHEAD UTILITY LINES CONC.- CONCRETE PU &DE- PUBLIC UTILITY & DRAINAGE EASEMENT PLS- PROFESSIONAL LAND SURVEYOR LB -LAND SURVEYING BUSINESS BOUNDARY SURVEY 3- 20-2006 / BLOCK 7 BOUNDARY SURVEY KAISA M. LIND FIRST NLC FINANCIAL SERVICES, LLC, its successors and /or assigns as their interest may appear SEBASTIAN TITLE SERVICES, LLC STEWART TITLE GUARANTY COMPANY LEGEND: O- FOUND 5/8' IRON REBAR WITH PLASTIC CAP STAMPED'WEH 4416" Qo - FOUND 112' IRON REBAR PLASTIC CAP STAMPED 'SMITH 1761' O - FOUND 5/8' IRON REBAR WITH PLASTIC CAP STAMPED 'PLS 4896' 0- FOUND 5/8' IRON REBAR PREPARED BY: CECRLE LAND SURVEYING, INC. FLORIDA LAND SURVEYING BUSINESS #6637 10749 HIGHWAY U.S. 1, SUITE A, SEBASTIAN, FLORIDA 32958 PHONE 772- 388 -0520 FAX 772 - 388 -2012 CERTIFIED CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF IN CONFORMITY WITH THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO CHAPTER 5J- 17.050 FLORIDA ADMINISTRATIVE CODE, THIS SURVEY IS PREPARED AND CERTIFIED FOR THE EXCLUSIVE USE OF THE CLIENT OR CLIENTS NAMED HEREON, THE SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISEDSEALO FA FLORIDA LICENSED SURVEYOR AND MAPPER. 9 -r t- 2a.3 THOMAS RANDALL CECRLE, P.L -S. 4896 I BOUNDARY SURVEY UPDATE 9 -11 -2013 1 SCALE I " =20' 1 FIELD BOOK 13 -67 1 SHEET I OF 1 I PROJECT NUMBER 95 -36 ' Permit Application No. ifiL7 ST City of Sebastian V H ,µ. Ad.:t] Development Order ADDlication UAriF OF PELtCAN iSt Applicant If not owner, written authorization notarized from owner is required) Name: Address: /e59 ®S C/� G �i l/� Phone Number: ( ) PAX Number: E -Mail: Owner If different from applicant) Name: Address: Phone Number: ( ) - FAX Number: E -Mail: Title of permit or action requested: VAW1,,,,� I 10! f 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): C/ , C �pC) r-f-­ B. Site Information Address: �0� Gf Je 6 Z 4_ Lot: Block: 7 Unit: Subdivision: ` 7 Je_ aq+i rz,% Indian River County Parcel #: 31-39 -or - 0000z - polo - 00007.0 Zoning Classification: /O Future Land Use: L P 2 Existing Use: Proposed Use: r is i dl.� G t� 5 C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): L X S r-t A/l — 6 �R1�o�5_ 1/1/7i!) is SP, 4- c-(_r_ DATE RECEIVED: / II FEE PAID: $ 00 RECEIVED BY: CA Permit Application No. D. Project Personnel: Agent: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Attorney: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Engineer: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Surveyor: Name: T11-01,1$'.S, Address e Phone Number: () - FAX Number: E -Mail: I, It' 4_15A L� , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: _ 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 ACC TEA U, T EST F MY KNOWLEDGE AND BELIEF. SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY K A-(S+ WHO IS PERSONALLY KNOWN TO ME C AS IDENTIFICATION, THIS I f DAY NOTARY'S SIGNATURE PRINTED NAME OF NOTARY COMMISSION NO. /EXPIRATION SEAL: 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 vs4-" vi° 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 ISES MA BY ANY PLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. SIGNATURE DATE Sworn to and subscribed before me by KA-ISmL 4-wo who is personally known to me or produced FL *0U e. " c— as identification, this I— day of f - 20 1'5. _ Notary's Signature \ Printed Name of Notary _ pSc�s6rz Commission No. /Expiration i4F Q c Seal: APPLICATION FEES ARE ESTABLISHED BY RESOLUTION OF CITY COUNCIL. ADDITIONAL FEES FOR THE CITY'S CONSULTING ENGINEER REVIEW (WHEN REQUIRED) WILL BE THE RESPONSIBILITY OF THE APPLICANT. ACKNOWLEDGMENT DATE Permit Application No. 'M Ix 5E BAST HOME Of PELICAN ISLAND 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): 3. Legal description of the property involved S9i��V� :T /d /4/ 1' LET z3ep 0/�-- i$t�5 j v��°� 15 If 4. Attach he 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. Indian River County, Florida Property Appraiser - Printer Friendly Map Page 1 of 1 Print I Back Indian River County GIS ParcelID OwnerName PropertyAddress 31380100002007000007.0 LIND KAISA * 108 BOB CIR SEBASTIAN, FL 32958 Notes a1 J 1 • http : / /www.ircpa.org/PrintMap.aspx 9/30/2013