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HomeMy WebLinkAbout10-08-2014 BOA Agenda�- �� SIEBASjIU_% 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 8, 2014 6:00 P.M. 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. ANNOUNCEMENTS: 5. APPROVAL OF MINUTES: MeetiTIg of September 10, 2014 6. OLD BUSINESS: 7. NEW BUSINESS: A. QUASI-JUDICIAL PUBLIC HEARING: DR HAL BROWN AS REPRESENTATIVE FOR PLAZA OF COTTAGES LLC AND HIGHPOINT COMMERCIAL CENER LLC IN REGARDS TO PROPERTY LOCATED AT 9707 U.S. 1, IS REQUESTING A VARIANCE FROM SECTION 54-3-15.4(a)(2) OF THE SEBASTIAN LAND DEVELOPMENT CODE TO ALLOW A PORTION OF THE PARKING FOR A MULTIFAMILY RESIDENTIAL USE TO BE 500 FEET OR LESS FROM THE DOOR OF THE BUILDING, WHEREAS THE CODE REQUIRES PARKING TO BE WITHIN 150 FEET OF THE UNIT FOR WHICH THE SPACES ARE INTENDED. S. 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. 1 of 20 cnv of SIE HOME OF PELICAN ISLAND MINUTES CITY OF SEBASTIAN 1226 MAIN STREET, SEBASTIAN, FL BOARD OF ADJUSTMENT REGULAR MEETING WEDNESDAY, SEPTEMBER 10, 2014 — 6 P.M. 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 Present: Mayor Bob McPartlan (Chair) Vice -Mayor Jim Hill (Vice Chair) Council Member Jerome Adams Council Member Andrea Coy Council Member Richard Gillmor City Staff Present: City Attorney, Robert Ginsburg City Manager, Joseph Griffin City Clerk, Sally Maio Community Development Director, Frank Watanabe CDD Planner, Jan King 4. ANNOUNCEMENTS: None 5. APPROVAL OF MINUTES: May 28, 2014 MOTION by Ms. Coy and SECOND by Mr. Hill to approve. Roll Call: Ayes: McPartlan, Hill, Adams, Coy, Gillmor Nays: None Passed: 5-0 6. OLD BUSINESS: None 1. NEW BUSINESS: A. QUASI-JUDICIAL PUBLIC HEARING: CHUCK MECHLING, AS REPRESENTATIVE FOR SANDCREST, LLC, in regards to 12.77 acres of land located southwest of the intersection of Main Street and Powerline Road (Parcel ID 30- 38-30-00003-0000-00000.4 and 31-38-01-00000-7000-000001,0) is requesting a variance from Section 54-2-5.11(c) of the Sebastian Land development Code to allow a Residential Planned Unit Development (PUD -R) to be 12.77 acres, where the code requires a PUD -R to be a minimum of 25 acres. 2 of 20 Board of Adjustment Meeting September 10, 2014 Page Two Mayor McPartlan opened the public hearing on the variance request at 6:01 pm and the City Attorney read the title of the variance request as set out above. City Council Members disclosed ex -parte communications as follows: Vice Mayor Hill said the applicant Chuck Mechling is personally known to him. Ms. Coy said she had just asked Mr. Mechling some questions concerning the survey and this would not affect her decision. Mayor McPartlan asked Mr. Hill if his relationship with Mr. Mechling would have any effect on his decision, and Mr. Hill responded it would not. The City Clerk swore in all who intended to provide testimony including City staff. Chuck Mechling, as representative for Sandcrest, LLC said 1997 was the last time he appeared before City Council for Collier Club, which was the very first development in Sebastian with water and sewer and a closed drainage system in an effort to be eco -sensitive, and it now has 347 of 391 homes spoken for and contributes to the taxes and employment benefits in the community. He stated he is a current member of the Chamber of Commerce Board of Directors. He stated that they purchased Sandcrest on the corner of Main Street and Powerline Road, the original plan for this tract was for two story townhomes with 95 units as RM8 allows and he did not believe that works there. He said their plan is maintenance free, smaller yards, with green space, single family, single story houses with the idea of baby boomers retiring, said the design concept is that the properties will have maintenance free, smaller yards with more green space in the clubhouse/amenities center and includes a plan for less sod and larger planter beds with native Florida material to reduce maintenance and irrigation needs. He displayed the original Gables plan in the current RM8 zoning which would have been 95 units and could have been up to 102 units as allowed by code. He said ingress and egress will be off of Powerline Road and not Main Street, with an emergency ingress and egress. He described the three styles of homes which have a coastal feel, with two car garages and driveway pavers, big front porches and verandas in back and a club facility outdoor pavilion. He said less irrigation and fertilization will be needed which will help the lagoon. Mr. Mechling said the development will come back to Council as it goes through the approval process. He said he was here tonight to ask that Council allow a reduction from 25 acres required in the Land Development Code for a residential PUD to 12.77 acres. Mr. Gillmor said from what was approved previously this is a great improvement and fits this property. He said he would be more comfortable in developing this as RM8 and that would take massaging the wording in the Code to allow. He said six years ago Council approved Bristol Lakes, and it was a town home development and that little section was RM8 across from Park Place, and though it never did get off the ground it was approved, and then purchased by Ms. Schnee for scrub jay habitat. He questioned why can't we do single family homes that are similar to townhomes and again said he would rather change the wording in RM8 to allow that, than do a variance with the PUD, but would be in favor of this development. He asked Mr. Mechling if he would care how this got done. Mr. Mechling said he would like to move this down the road and sometimes writing a new ordinance takes time and review and could add four to six months to the process. He said if it is Council's direction to do this, he would work with staff. 2 3 of 20 Board of Adjustment Meeting September 10, 2014 Page Three Mr. Gillmor said this could help down the road, noting Sebastian may enlarge its borders, and while he understands staff saying "get a variance", he asked the City Attorney if this could set a precedence. The City Attorney said he did not view this is as precedence setting, that we are talking about a very specific kind of variance. Mr. Mechling discussed the idea of changing the Code to allow a PUD on a smaller parcel. The Planner said if the Code allowed a PUD -R on a ten acre parcel, he could just apply for a rezoning. Ms. Coy said you would have to change the LDC to allow PUD -R on a ten acre parcel and then you would have to go through rezoning. The Planner said any text amendment would require a lot of staff review and then the amendment would have to go through P & Z Commission for review and then kick up to City Council two times. She said the applicant has by-passed that by asking for relief now, and she thought it was a timing thing, that the applicant could not move forward with rezoning until the text was amended, and staff had asked him to do this to get a feel back from Council as to whether Council liked this process or not. Mr. Gillmor said he would be more comfortable if it stayed RM8 and we allow this to be done on this property, because RM8 wording in the Code is kind of weird and allows a three story apartment building, but if it is single family it requires 7500 square feet for each lot and you wouldn't be able to get eight units on an acre. Ms. Coy said this is a reflection of modern times, that just ten years ago she fought against smaller lots, but now understands that people want smaller and want to downsize, and the trend is going toward what Mr. Mechling is proposing. She said she would support this effort and as soon as possible because it is a viable project, and the parcel needs to be developed. Mr. Adams asked with the RM 8 zoning, what is preventing the applicant from accomplishing this. Mr. Mechling said he did not want to do a two story development, the concept is a boomer designed house, with accessibility, wider hallways, less yard to take care of, and a design concept that works better with the land, for sod and irrigation, and the way the Code is written, he would have to have attached walls. He said many years ago the Code was written at 25 acres for a PUD and he is asking to do it on a parcel that is 12.77 acres. Mr. Adams said he is concerned about precedence. Mr. Hill said it is our job to make these decisions on an individual basis, and that PUD is the best use and allows the best control and we can negotiate different things. He said there are very few 25 acre tracts like this left in the City. He said the City will have an incredible amount of input on this, the City Attorney has stated there is no precedence based on the uniqueness of the property, and we as the Board of Adjustment have authority and responsibility to make the decision. Mr. Adams said rather than making a decision on a case by case basis and if we want to allow a PUD in a smaller area, then have the code rewritten, and not go through variances time and time again. Ms. Coy said then he was saying he doesn't want to do Board of Adjustment ever, and let's do away with the Board of Adjustment. He responded that is not what he is saying and not to put words in his mouth. 3 4 of 20 Board of Adjustment Meeting September 10, 2014 Page Four Mayor McPartlan asked if there are any more questions for Mr. Mechling concerning this project. Staff Dresents finding and analvsis The Planner summarized staff recommendation, stating that the applicant's goal is to be rezoned to a PUD -Residential, to allow some flexibility where he can renegotiate lot size, lot width, lot depth, setbacks and living areas. He said there are some minimum standards in our Code, but he can come forward with plans that can be approved or not approved as a concept. She said staff advised him to come forward for a variance request because the size of the property does not meet minimum standards, before he incurred the cost of fully engineered plans that could be turned down simply because of the size, to see what the Board's thoughts were. She said staff did the analysis based on the Code and criteria to consider when approving a variance, believes he meets the criteria and recommends approval. The Community Development Director commented, in regard to changes to the Code, that staff is looking in the near future to bring on a graduate student, a planner, to help us out and to upgrade our codes, because there is a lot that needs to be changed and it takes time and efforts. Ms. Coy said changing Code takes months. Mayor opened the floor for anyone in favor of the request and there was no one in attendance who requested to speak. Mayor McPartlan opened the floor for anyone opposing the request. Randy Kelly, 109 Bob Circle, Sebastian, said his property is the triangle property right in front of the subject property, he has lived in Sebastian sixteen years, though his job has taken him away. He said the applicant made an investment not knowing what he could do, but he himself made an investment on his property knowing what he could do. He said he could have sold this property long ago and said the City cannot change people's surroundings. Ms. Coy said she would give Mr. Kelly her agenda packet, and asked him if he would rather have townhomes that are two stories, and Mr. Kelly said he would rather have homes like his. Mayor McPartlan read an email from Chris and Joyce Powell, objecting to the request into the record as requested (see attached). He said he was concerned and spoke to staff and was advised that this does not fall into a trailer park zone. Mr. Mechling said he spoke to Mr. Powell who did not understand that the parcel was RM8 zoning and that he spoke to woman named Marty here tonight and he will get with some of the neighbors next week. He said Council will see you will see him a couple more times through this process before it is over. The Planner read another letter of opposition from George and Yvette Armenteros, 392 Bob Circle, into the record (see attached); and then recommended approval of the variance. 4 5 of 20 Board of Adjustment Meeting September 10, 2014 Page Five MOTION by Mr. Gillmor and SECOND by Ms. Coy of staff's recommendation. Roll Call: Ayes: Hill, Coy, Gillmor, McPartlan Nays: Adams Passed: 4-1 8. CHAIRMAN'S MATTERS - None 9. MEMBERS' MATTERS - None 10. STAFF MATTERS — None 11. Being no further business, Chairman McPartlan adjourned the Board of Adjustment meeting at 6:35 pm. Approved at the By. Bob McPartlan, Chairman ATTEST: Sally A. Maio, MMC Board Secretary Board of Adjustment Meeting. 6 of 20 SE [AN HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 w FAX (772) 3888248 www.city©fsebastian.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 8, 2014, 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM SECTION 54-3-15.4(x)(2) OF THE SEBASTIAN LAND DEVELOPMENT CODE. DR. HAL BROWN, AS REPRESENTATIVE FOR PLAZA OF COTTAGES, LLC AND HIG1 POINT COMMERCIAL CENTER, LLC, IN REGARDS TO PROPERTY LOCATED AT 9707 U.S. 1, IS REQUESTING A VARIANCE TO ALLOW A PORTION OF THE PARKING FOR A MULTIFAMILY RESIDENTIAL USE TO BE 500 FEET FROM THE DOOR OF THE BUILDING, WHEREAS THE CODE REQUIRES PARKING TO BE WITHIN 150 FEET OF THE UNIT FOR WHICH THE SPACES ARE INTENDED. 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: September 23, 2014 Z Ipkf SIE HOME OF PELICAN ISLAND Growth Management Department Variance Application - Staff Report 1. Project Name: Avery Way Senior Housing, 2. Requested Action: Variance requested from Section 54-3-15.4(a)(2) of the Sebastian Land Development Code to allow a portion of the parking for a multifamily residential use to be 500 feet from the door of the building, whereas the code requires parking to be within 150 feet of the unit for which the spaces are intended. 3. Project Location a. Address: 9707 U.S. I b. Parcels: 31-39-20-00000-1000-00018.0 31-39-20-00000-1000-00018.1 31-39-20-00000-7000-00003.0 31-39-20-00000-7000-00001.0 4. Project Owner: Plaza Cottages, LLC Highpoint Commercial Center, LLC c/o Dr. Hal Brown 1265 3e Street Vero Beach, FL 32960 5. Project Agent: Mr. Joseph Schulke, P.E. 6. Project Engineer: Mr. Joseph Schulke, P.E. Schulke, Bittle and Stoddard, L.L.C. 1717 Indian River Boulevard, Suite 201 Vero Beach, FL 32960 772-770-9622 7. Project Surveyor: Meridian Land Surveyors 1717 Indian River Boulevard, Suite 201 Vero Beach, FL 32960 772-794-1213 8 of 20 8. Project Description: a. Narrative of proposed action: On August 28, 2014, the Planning and Zoning Commission approved a site plan for Avery Way Senior Housing to be located at 9707 U.S. 1. The project is designed as an 88 -unit, 3 -story apartment building with parking, stormwater and landscaping. There will be 82 one -bedroom units and 6 two-bedroom units. The approval was granted with a number of conditions, one of which was to obtain a variance from Section 54-3-15.4(a)(2) of the Sebastian Land Development Code to allow a portion of the parking for this multifamily residential building to be 500 feet or less from a building entrance, whereas the code requires parking to be within 150 feet of the unit for which the spaces are intended b. Current Zoning: CG (Commercial General) C. d. Adjacent Properties: Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: 9. Staff Comments: 7.40 acres vacant (former cottages & mobile homes) public water public sewer The subject property is narrow and L-shaped. Due to this configuration and the 3 -story design of the building, it would be very difficult to design all parking spaces within 150 feet of a building entrance, and virtually impossible to provide two parking spaces for each unit within 150 feet of each individual apartment entrance. Attached is the site plan for Avery Way Senior Housing. A 150 -foot radius has been drawn at the entrance on each end of the building. There are 130 parking spaces within the radius and 48 spaces outside. With a total of 88 apartments, there are approximately 1.5 spaces per unit within the required distance. 2 9 of 20 Zoning Current Land Use Future Land Use North: CG (Co.) vacant C/I (Co.) East: RM -6 (Co.) vacant L-2 (Co.) South (& E. CG Retail (Publix) RMU West: IN railroad & warehouses IND Site Characteristics (1) Total Acreage: (2) Current Land Use(s): (3) Water Service: (4) Sanitary Sewer Service: 9. Staff Comments: 7.40 acres vacant (former cottages & mobile homes) public water public sewer The subject property is narrow and L-shaped. Due to this configuration and the 3 -story design of the building, it would be very difficult to design all parking spaces within 150 feet of a building entrance, and virtually impossible to provide two parking spaces for each unit within 150 feet of each individual apartment entrance. Attached is the site plan for Avery Way Senior Housing. A 150 -foot radius has been drawn at the entrance on each end of the building. There are 130 parking spaces within the radius and 48 spaces outside. With a total of 88 apartments, there are approximately 1.5 spaces per unit within the required distance. 2 9 of 20 Staff has analyzed the variance request based on the city codes. The attached Board Criteria for Determining Variances outlines the staff findings. 10. Board Criteria for Determining Variances: See attached analysis. 11. Staff Recommendation: Staff recommends approval of the requested variance to allow a portion of the parking spaces for the Avery Way Senior Housing site plan to be 500 feet or less from a building entrance. 12. Board Action: Conduct quasi-judicial hearing to consider the requested variance. r ared b Z:::J Date 3 10 of 20 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 ❑ The property is long, narrow and L-shaped. The proposed building is also L-shaped and will have three stories. This makes it extremely difficult to provide all necessary parking spaces within 150 feet of a building entrance. b. Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes P-'-' No ❑ The unusual configuration of the combined four lots will not allow the parking to be clustered close enough to the building to meet code. 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 V/1" No ❑ The site requirements for the apartment building, which include drive aisles, parking, stormwater retention and landscaping, limit the design options for this site. 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. Meets Standard Yes @,""No ❑ 4 11 of 20 The site will provide 130 spaces which are within 150 feet of a building entrance. That is approximately 1.5 spaces for each apartment. The remaining 48 parking spaces are outside the 150 foot radius. However, the tenants of the building will be low income seniors citizens (55+ years of age). As such, it is likely that many households will only have one vehicle, and some will have no vehicles. 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 G�- No ❑ The code states, "Spaces shall be within 150 feet of the door of the unit that the spaces are intended for." As the applicant has stated, a resident living in a middle unit on the third floor will travel more than 150 feet from their front door to an exit door. Staff has taken a more liberal interpretation by requiring the parking spaces to be 150 feet from a building entrance. To cover the most restrictive interpretation of this code, the variance request is to allow a portion of the parking for Avery Way Senior Housing to be 500 feet or less from a building entrance. L Not injurious 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 91 No El The proposed variance will not be injurious to the area or detrimental to the public welfare. g. 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 P-�' No ❑ No conditions are proposed by staff. 5 12 of 20 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 No time limit is proposed. Yes V' No ❑ 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 D--' No ❑ The request is not a use -related variance. 6 13 of 20 Permit Application No.. `STaN City of Sebastian ►„E Development Order Application Applicant If not owner, written authorization notarized from owner is required) Name: Plaza of Cottages, LLC and Highpoint Commercial Center, LLC Address: P.O. Box 1206, Vero Beach, FL 32961-1206 Phone Number: ( 772 ) 567 - 6340 FAX Number: ( 772 ) 567 - 3564 E -Mail: dochwb@bellsouth.net Owner Qf different from applicant) Name: Plaza of Cottages, LLC and Highpoint Commercial Center, LLC Address: P.O. Box 1206 Vero Beach FL 32961-1206 Phone Number: ( 772 ) 567 - 6340 FAX Number: ( 772 ) 567 - 3564 E -Mail: dochwb bellsouth.net Title of permit or action requested: Variance to City of Sebastian Code 54-3-15.4(a)(2) 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 8-112" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Avery Way Apartments / Senior Living B. Site Information Address: 9707 US Hwy 1 Sebastian FL; 100 Cottage Place Sebastian FL; 9695 US Hwy 1 Sebastian FL Lot: Block: Unit: Subdivision: See attached legal descriptions Indian River County Parcel #: 31392000000100000018.0; 31392000000100000018.1; 31392000000700000003.0; 31392000000700000001.0 Zoning Classification: Future Land Use: CG (Commercial General) Commercial General Existing Use: Proposed Use: Undeveloped Multi -family - 88 units C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): This is a variance request to the City of Sebastian Code regarding Section 54-3-15.4(a)(2). This request is necessary due to impossible to have all parking spaces within 150 ft of all units of the building. DATE RECEIVED: 7 [12-1 /Lf FEE PAID: $ 00 C" Co -513 RECEIVED BY: 14 of 20 Permit Application No. D. Project Personnel: Agent: Name: Schulke, Bittle & Stoddard, LLC, Attn: Joseph W. Schulke, P.E. Address 1717 Indian River Blvd., Suite 201, Vero Beach, FL 32960 Phone Number: ( 772) 770 - 9622 FAX Number: ( 772) 770- 9496 E -Mail: jschulke@sbsengineers.com Attorney: Name: Address Phone Number: ( ) - FAX Number: E -Mail: Engineer: Name: Schulke, Bittle & Stoddard, LLC, Attn: Joseph W. Schulke, P.E. Address 1717 Indian River Blvd., Suite 201, Vero Beach, FL 32960 Phone Number: ( 772 ) 770 - 9622 FAX Number: ( 772 ) 770 - 9496 E -Mail: jschulke@sbsengineers.com Surveyor: Name: Meridian Land Surveyors Address 1717 Indian River Blvd., Suite 201, Vero Beach, FL 32960 Phone Number: ( 772 ) 794 - 1213 FAX Number: ( 772 ) 794 - 1096 E -Mail: rls5755@bellsouth.net I, Hal Brown , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X_ 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 T THE BEST OF MY KNOWLEDGE AND BELIEF. SIGNATURE DATE SWORN TO AND SUBSCRIBED BEFORE ME BY H 0. i ,) ( Q : r1 WHO IS PERSONALLY KNOWN TO ME OR PRODUCED P e(. 540n4ft 11 V Ic nc AS IDENTIFICATION, THIS J,;'SDAY OF 5 e n Ee m bei` , 20_ Y`_. NOTARY'S SIGNATURE PRINTED NAME OF NOTARY V COMMISSION NO./EXPIRATION 1;05? -714S.3 `�Als-ao!S SEAL: LISANNE K. -WINTERS NOTARY PUBLIC STATE OF FLORIDA . Comm# EE087453 Expires 4/25/2015 15 of 20 Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site pians, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, X THE OWNER(S) / i 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 City Staff and P & Z 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 BOARDICOMMISSION 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 MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES MA , BY ANY E OYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. '� /// '/V SIGNATURE DATI! Swom to and subscribed before me by who is personally known tome or produced C P e Cs o na I I v k no u)rl> as identification, this j 1`!tday ofQ 4r , 20-LLL. Notary's Signature ) (N Q, & A-J_J<,. Q OZ;� Printed Name of Notary L`, sn .-, n e iC. W ; n+tr ; Commission No./Expiration FE 0k-7gs3 Seal: LISANNE K..I IWP§ IFNOTARY PUBLIC STATE OF FLORIDA Comm# EE087453 Expires 4/2S/2045 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. l C ACKNOWLEDGMENT D T 16 of 20 Permit Application No. a0 S STtgN HOMF OF PFu[AN ISV.W 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): This is a variance request to the City of Sebastian Code regarding Section 54-3-15,4(x)(2). This request is necessary due to the fact that the proposed building is in excess of 330 ft long in the northIsQUM and easUwest direction_ Therefore it ,would be impossible to have all parking spaces within 150 ft of all units of the building. ____, 3. Legal description of the property involved: see attached. _ 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...owne`rs whose property or part of their real property 'is`itiithinrT3t)(l=fefof_any outer boundary of the lot or arcel of land that is sub ect of the application. 17 of 20 JOSEPH W.SCHULKE,P.E.SCHULKE, BITTLE & STODDARD, L.L.C. JODAH B. BITTLE. P.E. WILLIAM P. STODDARD, Ph. D.. P.E. CIVIL & STRUCTURAL ENGINEERING - LAND PLANNING • ENVIRONMENTAL PERMITTING September 11, 2014 Jan King Community Development Department City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Development Order - Variance Avery Way Apartments / Senior Living Sebastian, FL Dear Ms. King: Enclosed for your review and approval, please find ten (10) sets of the site plan, a City of Sebastian Development Order Application to the Board of Adjustment for a Variance, and a check to cover the application fee in the amount of $175.00. A variance from Section 54-3-15.4(a)(2) is being requested for the Avery Way project. Per the code, a multi -family project must have all parking spaces located on-site and within 150 feet of the door of the unit that the spaces are intended for. As you are aware, this is virtually impossible to do with a 3 -story, 330 ft long (in the north/south and east/west) building. Therefore, we are requesting the variance. Upon your review, should you have any questions or require additional information, please do not hesitate to contact me. Sincerely, ,e Altke Geoff4reyark1tt cc: Plaza of Cottages, LLC Highpoint Commercial Center. LLC 1717 INDIAN RIVER BLVD., SUITE 201, VERO BEACH, FLORIDA 32960 TEL 772 / 770-9622 FAx 772 / 770-9496 EMAIL infoGsbsengineers.com 18 of 20 Certification of Authorization No: 00008668 JOSEPH W. SCHULKE, P.E. JODAH S. BITTLE, P.E. WILLIAM R STODDARD. Ph.D., P.E. October 1, 2014 SCHULKE, BITTLE & STODDARD, L.L.C. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING Jan King Community Development City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Avery Way Variance Application Dear Jan: The Avery Way project is a proposed 88 unit Senior Housing Facility designed to accommodate tenants 55 years or older. There are going to be 82 one bedroom units and 6 two bedroom units. As the owners have explained, they do not anticipate many residents will own a car and therefore most of the 178 proposed parking spaces will remain unused. The number of parking spaces located within 150 -feet from the building entrances are 130 spaces while the remaining 48 spaces are located outside the 150 -foot radius. Due to the configuration of the site and the corresponding layout of the building, the 150 -foot rule is virtually impossible to meet. The proposed building is in excess of 300 -feet long in the north/south and east/west directions, therefore a resident living in a middle unit on the third floor would travel in excess of 150' from their front door just to reach an exit. Additionally, if all residents in the one bedroom units have one car and all residents in the two bedroom units have two cars, the number of proposed parking spaces needed is 94 spaces, which are all located within 150 -feet of the building. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, Geoffrey Ba eft 1717 INDIAN RIVER BLVD., SUITE 201, VERO BEACH, FLORIDA 32960 TEL 772 / 770-9622 Fax 772 / 770-9496 EMAIL info@sbsengineers.com Certification of Authorization No: 00008668 19 of 20 r� s>•rrrrN aA n Him g til_` ` ;' 11 H }pI ¢¢ pp 5}t P 8 § �3 a d n 33 A �W� 4 Z AVERY WAY SCHULKE, BITTLE & STODDARD, L.L.C. US 1 & BARBER STREET a taa.a b p ° s SEBASTIAN, FLORIDA SITE PLAN a sn�KTl7Rae °''"' �^° '� •'"� _� _ 1TiT INOV.N AVER BLVD., SURE 291 VERO BEACH, FLORIDA 72900 .'„ TEL 772!770-9822 FAX7 I"11.94M SNAIL [bserg4ae•rs.can a 20 of 20