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HomeMy WebLinkAbout2005 Request for Varience art OF SEBASTIAN t`(IJ JtF,P t HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE(772) 589-5518 • FAX(772) 388-8248 AGENDA BOARD OF ADJUSTMENT WEDNESDAY,AUGUST 24, 2005 6:00 P.M. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: Regular meeting—8/03/05 6. OLD BUSINESS: Request for reconsideration of variance denials for east side of Paradise Marina project, with rehearing to be renoticed and set at future date following completion of site plan review. 7. NEW BUSINESS: A. QUASI-JUDICIAL PUBLIC HEARING: PATRICK FLOOD III AND SYLVIA B. PELTIER, IN REGARDS TO PROPERTY LOCATED AT 1690 INDIAN RIVER DRIVE, ARE REQUESTING A VARIANCE TO ALLOW BUILDING ADDITIONS TO A NON-COMPLYING STRUCTURE TO BE LOCATED WITHIN THE FRONT AND SIDE YARD SETBACKS. APPLICANTS ARE ALSO REQUESTING SAID ADDITIONS TO FURTHER EXCEED THE MAXIMUM BUILDING COVERAGE AND MINIMUM OPEN SPACE. 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. CfY Of SEBASTIAN HOME OF PELICAN ISLAND 1225 MAIN STREET • SEBASTIAN, FLORIDA 32958 TELEPHONE(772) 589-5518 ■ FAX(772) 388-8248 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 AUGUST 24, 2005, 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 AND SECTION 54-2-5.5.(d).(4) OF THE SEBASTIAN LAND DEVELOPMENT CODE. ( ) PATRICK FLOOD III AND SYLVIA B. PELTIER, IN REGARDS TO PROPERTY LOCATED AT 1690 INDIAN RIVER DRIVE, ARE REQUESTING A VARIANCE TO ALLOW BUILDING ADDITIONS TO A NON-COMPLYING STRUCTURE TO BE LOCATED WITHIN THE FRONT AND SIDE YARD SETBACKS. APPLICANTS ARE ALSO REQUESTING SAID ADDITIONS TO FURTHER EXCEED THE MAXIMUM BUILDING COVERAGE AND MINIMUM OPEN SPACE. NATHAN B. McCOLLUM, 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 August 9, 2005 Permit Application No. SEBASTIAN City of Sebastian HOME;PEUCAN:LAAND Development Order Application Applicant If not owner,written authorization (notarized)from owner is required) Name: ��JJ can ct� Address: 540 Q wv t 5t '5 65as-E , ]] L. 3;4•58 Phone Number: (7TJ„) 'SSQ - 7$$ Cet1> FAX Numbef: ( ) - E-Mail: f'rc3C is sA Q7 aol• Coot Owner (If different from applicant) Name: 9Ivia, P61-fier Address: 5'11 I l.4%rl 6/6 1.44,to t duo, c 329 ` :2 Phone Number: (_1'172) 444- 3 L FAX Number: ( ) - E-Mail: nQ if;e6 oG10'i.v.Aef' Title of permit or action requested: Varro pt ce 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: z. 3a( Jg «qo �r�doa� �2;v� �� 6ebu5�-i�nl Lot: Block: Unit: Subdivision: SuJn o �s} o1= v QatirK- >PEsp is L.o+ 50)(82 f+ ;A 51 Cari►ef of I01-4iP 0f Lotto' of yam+' Indian River CeoumyQP�a(rccel#: Zoning Classification: 5 rn Future Land Use: n Existing Use: Proposed Use: Restd.enfiwl /Lesioe.44pi4,1 C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): bee. ilifot(A4e<1. DATE RECEIVED:7 12 05 FEE PAID: $ 300 .00 RECEIVED BY: \ - 3 Von foot C) 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: o Ar+ti u,r r. `Pei ed? f 6 . Address �L 3 17� �'S3 0 (1. 5. �i al l 6A.i-fie $ Ali.cco , Phone Number: (V%) / /03 - ,n/lit.) 1 i FAX Number: ( ) - E-Mail: �O 1� Surveyor: A .Name: owo.e5 H . ebtz I er Address 825, 134 e.` P.O. boy 1477 Veep Deiidt, rL 3216/ Phone Number: ( ra) 542 - 4144 FAX Number: vi�c.)642 o%3 E-Mail: `t I. (,• 4.4vicic CID. , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: I AM THE OWNER i 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 D/TRU TOT. E BEST OF MY KNOWLEDGE AND BELIEF. Vil,SAD ` / SIGNATURE DAT SWORN TO AND SUBSCRIBED BEFORE ME BY (L F/00(7777 WHO IS PERSONALLY KNOWN 9 ME OR PR•6UCE10 or.ty7'tJ AS IDENTIFICATION, THIS -2( DAY OF _ _ , 206 . Ia NOTARY'S SIGNATURE _' (" JA '7Z 4t = Nk4x JUDYL.BOSMENY :.r f•, '.*. MY COMMISSION#DD 342222 PRINTED NAME OF NOTARY �immo / _IL 6 - m 1.A..1�,off= EXPIRES:September 18,2008 COMMISSION NO./EXPIRATION —/�, —(�VRy. °� Bonded Thru Notary Public Underwriters SEAL: Permit Application No. 5 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): 5e4 backs. 3. Legal description of the property involved: 'Sul of ES-1' of A ue6-F -Park 6513 ,i Lo+ 60X&I f+ Ili SE CDr► & Dt Lor 4 and Pa i4 leg Conte"' D Lo+ .c, 6g 14 if is' (sr 8x 404 ,PP ,o 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 the lot or parcel of land that is subject of the application. 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/V1/E, THE OWNER(S) / /HE 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 ISESIADE, :Y ANY E PLO E CONTRACTOR OR OFFICIAL OF TH CITY F SEBASTIAN. SIGNATURE DATE Sworn to and subscribed before me by � f-2: .L who is personally known 9 me or produced rtuwr/ as identification, this (9‘) day of 71a 2Q0< Notary's Signature �, a���Y Printed Name of Notary rmtairawirmr-•Commission No./Expiration ( -0 Seal: '', ••; JUDY L BOSMENY iMY COMMISSION#DD 342222 • ' EXPIRES'NaPbtw�rs a•p!; Bonded Public September (Florida Statutes) Return to:(enclose se ir.oddreseed stomped envelope) Name. Address; This Instrument Prepared by Name, Address: Prope)ty Appraisers Parcel Identification Folio Number(s): DranteeI,l S.S.a(s) SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA nni� ��U PIT c� L PSE Prtsrit Is T hat I, S t(LUI4 61:_ER5 PC I-TIFF, have made, constituted and appointed, and by these presents do make, constitute and appoint (1411 /Pluck / e]2 arl iny riot as true and (relationship,if any) lawful attorney for me and in my name, place and stead, notwithstanding a later disability or incapacity ro perform ali acts, and have all powers outlined in Florida Statutes 709.08. This Durable Power of Attorney shall not be affected by disability of the principal except as provided by statute. Giving and granting unto (.P I-h �bh (I LA. FooL) ,said attorney,full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully, to all intents and purposes, as I might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney shall lawfully do or cause to be done by virtue hereof tJlt 'Mitt-less illi ereaf, I have hereunto set 1-''' hand and seal this r�o, day of i 'Gtn(\1 ,f-D;CJC)cD.-.. Signed,sealed and delivered in the presence of: 3 • r • 1-K■; ' 'Minus Signature ,Signu . (.4."'ur r• '4 ° O I. V1 u , 1. 5 iiisd 6eer3 Pei+)er •r • Printed time it-- matt s. r69� met;cut. 'yes Dr r Van.s Si) .r re Poop Oifce ddress ��',ri(h r In .5ebus+;alp F.L. 3x958 $ Prinlep Na 1 —{] STATE OF T`.X,(S U c� B ( O 7 ) I hereby Certify that on this day,before me,an officer duly authorized r COUNTY OF �1(lv\CC,(a'-. '\I(/iL-t (_ ) to administer oaths and take acknowledgments,personally appeared lL.'j�t 1 k known to me to be the p rson ✓ described in and who Executed the foregoing instrument,who.acknowledged before me that .41 executed the same,and an oath was not t ken. (Check one:)' -3�d person(s)is/are personally known to me. 9'STd person(s)provided the e \ � following type of identification: L,'.l� �J„C_Q;)vi p s I NOTARY RUBBER STAMP SEAL 7 Witness my hand and official seal in the County and Slate last aforesaid @ this (. I� day of )." Ct.L I' h.CU(7a o _ /Qq/ tiM r� JUDY L.BOuMENY �_____zia;'' ' �� c2.17L=�ic 9'v N,{;'s rd MY COMMISSION d CC 937777 °7— I, /1 1 —7 .to rya Notary Signet / L r n �y a°•.4. EXPIRES Se lentber it 2'0 S r'a'. 95 I' RradedihruNolnry Publicl'naerwdlots Printed New ( • \- . 0\1 Iik , 014*- If-fll ..,(..(y..- A...,, .J•I P' .61? 4/ e,,, I,f'• . 1 c. \0• 5) 0 ill Fc• it .i.0 4, \.9 ‘D;si Al S44- ?\v'c..0 046‘j t.N5 �/�® . I _ 4 14‘ ,50 . 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'�.K.,lM.`a•�`�.X 47;.6._,.. �,.�aa�c.• �. xyx.. , , . . fi.i k�Tg f74 :$1,•:••-••,!--• ., - t-i "X ' �ty 1, a ez . ,,i, ii atic e S \ r-�,.-. # 'e .±. ',1`. xb�„ .-. ,'� ye ' �i�tr f r &,y : '1'',F,,, , L � crn'Of S M ; HOME OF PELICAN ISLAND Growth Management Department Variance Application - Staff Report 1. Project Name: Flood/Peltier Additions to residence at 1690 Indian River Drive 2. Requested Action: Variance requested from Section 54-2-5.5.(d).(6) to allow building additions to a non-complying structure to be located within the front and side yard setbacks. A variance is also requested from Section 54-2-5.5.(d).(4) to allow said additions to further exceed the maximum building coverage and minimum open space. 3. Project Location a. Address: 1690 Indian River Drive b. Legal: Beginning at a point at the SE corner of Dixie Highway and 9`h Street as established in City of Sebastian, Florida, said point being 3155.59 feet South and 1390.08 feet East of the NW corner of Section 31, Township 30 South, Range 39 East; thence run Southeasterly, parallel with the East right-of-way line of Dixie Highway 50 feet; thence Northeasterly at right angles to said Dixie Highway 104 feet, more or less to water's edge of Indian River; thence Northwesterly along the water's edge of Indian River, and parallel with Dixie Highway 50 feet to South line of 9th Street; thence Southwesterly 117 feet, more or less to the Point of Beginning. The above described property being also described as a Lot 50 x 110 feet, more or less in the SE corner of Lot 4 and part of the NE corner of Lot 5 of August Park Estate, according to plat of said August Park Estate as recorded in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 1, page 19; said land now lying and being in the City of Sebastian, Indian River County, Florida. Together with all riparian rights appertaining thereto. 4. Project Owner: Sylvia B. Peltier 5791 Lindsay Lane Micco, FL 32976 Agent: Patrick Flood III(son) 560 Durant St. Sebastian, FL 32958 5. Project Engineer: Arthur F. Priep, P.E. 8530 U.S. Highway 1, Suite 8 Micco, FL 32976 6. Project Surveyor: James A. Fowler Land Surveying Company 825 13th Lane P. O. Box 1677 Vero Beach, FL 32961 7. Project Description: a. Narrative of proposed action: Mr. Flood and Ms. Peltier are proposing to add an addition to the front of the residence located at 1690 Indian River Drive, essentially "squaring off' the front line of the structure. This addition will be part of a garage area and courtyard. A second story will be added to the living area of the home. They are also requesting to wrap the existing western deck around the north side of the building to provide a more useable layout. Part of the proposed deck area may be designed as a stairway to the second floor deck area. Required Existing Proposed Front Addition Front setback 25' 0' 4' to 7' Side setback 15' -0.5 to 2.7' 2.7' Porch Addition Side setback 15' 0.1' 6' Building Coverage (Maximum) 30% 47% 54% Open Space (Minimum) 50% 53% 46% b. Current Zoning: CWR(Commercial Waterfront Residential) c. Adjacent Properties: Zoning Current Land Future Land Use Use North: CWR vacant RMU East: C Indian River home C South: CWR vacant RMU West: R-MH vacant RMU 2 d. Site Characteristics (1) Total Acreage: 5975 sq.ft. (2) Current Land Use(s): residential (3) Water Service: well (4) Sanitary Sewer Service: septic system 8. Staff Comments: The subject structure was built in 1926. It has been the home of Ms. Peltier since 1972. The residence sustained severe damage from the hurricanes of 2004 forcing Ms. Peltier to relocate until repairs can be made. The Sebastian Land Development Code allows a non- complying structure that has been damaged by any means including flood and wind, to be restored. Along with the necessary repairs, the applicants are proposing several improvements to the property. The improvements will include a second floor addition over the existing living area, a functional garage and some additional deck area. The front addition and deck area will require variances. Mr. Flood has designed an addition that will "square off' the front of the building. The plan includes the reorientation of the existing garage g e to a front entrance, as well as g g providing additional parking area within the enclosed garage. The existing garage, as shown on the sketch of existing home, is completely non-functional. The door is located on the north side and can only be accessed via the neighboring private property. The rear deck area was completely destroyed by the storms. In addition to reconstructing the existing deck, the applicants have also asked to modify the deck area along the north side of the residence to a more functional design, tying it into the rear deck. The proposal is for a wooden deck, as utilized before, rather than a concrete pad. This is designed to allow percolation of the soil beneath the deck and will have little impact on the vegetation in that area. Also, the new deck area is tucked into the side of the structure and will still be further from the side property line than the house itself. Final design of this deck area has not been completed and may include a stairway to the second floor deck. The sketch provided represents the maximum area proposed (including the stairs), although the final design of the deck area may be smaller. Staff has carefully reviewed the requests in relation to the general zoning regulations in the CWR district, as well as the special regulations in the Riverfront Overlay District. The following points are noted: 1. The proposed renovation has been designed to replicate the Spanish- Mission style architecture of the original building. The roofline will closely match that of the original building, including the bell tower. 3 . V 2. The subject structure is a historic building. The renovations have been designed to preserve its architecture design and improve its overall appearance. 3. The proposed addition will provide a functional garage area, which is not provided in the existing structure. 4. The existing parking situation at this residence is hazardous. As can be seen in the photo provided by Mr. Flood, a mid-size vehicle just clears the sidewalk with the rear wheels, allowing the remainder of the vehicle to extend over the sidewalk area. As no additional property is available to correct this, the additional garage area will improve the situation. 5. The proposed deck will provide soil underneath, rather than concrete. 6. Substantial renovations are required to comply with FEMA regulations regarding the flood elevation. The lowest finished floor of the structure will be raised to meet the required base flood elevation. 7. The residence will be connected to the Indian River County public water and sewer system. 8. If the property were to be converted to a commercial use, the front setback would be 0 and the side setback would be 5'. 9. If the property were to be converted to a commercial use, the code would allow 80% impervious surface and only 25% open space. 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. 4 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: Staff believes that the overall project meets the spirit and intent of the Land Development Code. The proposed improvements to the site far exceed any negative impact to the area. The property is severely restricted by its size and the location of the existing structure. As such, the more restrictive residential standards should not apply. Therefore, staff recommends approval of both variance requests. Commission Action: Hold quasi-judicial hearing to consider the request for each variance. • 8 -19-as -.ared by 'ng Date Growth Management Department 5