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0 0 7 required in relation to this appeal, the Board of County Commissioners is to conduct a de novo hearing, and is to consider all the evidence and "sit" as if it were the Board of Adjustments. • Action Being Appealed At its May 6, 1999 meeting, the Indian River County Board of Adjustments voted 3 -1 to deny a request for variances by Home & Patio, Inc. The variances sought were to allow proposed building enclosures at the existing "Sandy's Furniture" (Home & Patio) store located at the southeast corner of 14th Street and US #1. The requested variances were for a 10.6' frontyard setback variance (for the 141 Street side of the building) and for a variance from the CG district maximum building coverage allowance. During discussion at the hearing, members of the Board of Adjustments indicated that there may be grounds for a variance from the 14th Street frontyard setback, because the county's actions a few years ago created the 14th Street right-of-way and changed the applicant's north setback from a side yard (10) to a front yard (25'). However, a majority of the Board concluded that the proposed enclosures would result in an increase in the site's building coverage and would, therefore, increase the site's degree of building coverage non -conformity if the variance were granted. On that basis, the Board of Adjustments denied the variance request. Now, the Board of County Commissioners, acting in an appeal capacity, is to consider the variance request and approve, approve with conditions, or deny that request. ♦ Site Conditions and Proposed Development The subject property, zoned CG (General Commercial), is located at the southeast corner of US 1 and 14th Street. The property measures approximately 90' x 300' (27,000 sq. ft.) and contains the existing Home & Patio business. Two buildings exist on site, covering approximately 13,785 sq. ft. or 51 % of the site. Thus, 51 % of the site is covered by enclosed building area. The CG district maximum building coverage allowance is 40% of the site area. In addition to the building coverage nonconformity, there are setback nonconformities, including a 10.6' encroachment into the 25' frontyard setback along 141 Street for the westernmost building on-site. A few years ago, the county formalized 141 Street as road right-of-way and improved it. Now, 14th Street is a public paved road from US 1 to 61 Avenue. Thus, parcels fronting 14th Street, such as the subject property, now have a frontyard setback along 14th Street rather than a sideyard setback. Recently, Home & Patio, Inc. applied for site plan administrative approval to make changes to the existing westernmost building. Although no administrative approval has been granted, it appears that work has already been performed on-site for the proposed improvements. In fact at the Board of Adjustments hearing, the applicant clarified this matter, stating that the old glass (now the "inside" glass enclosure) and the new glass (now the "outermost" glass enclosure) are both in place. According to the applicant, the new glass was installed because it had already been ordered and delivered. As proposed, the administrative approval cannot be granted unless the variance request appeal is granted. The dimensions of the proposed building changes were revised by the applicant during the site plan review process. Currently, the proposal is to remove 130 sq. ft. of enclosed display (building) area from the western "jut" of the subject building, remove 140 sq. & of outdoor display area (covered sidewalk area) at the northwest comer of the subject building, and to convert two outdoor display areas (covered sidewalk or patio areas) to enclosed display building area for a total of 470 sq. & of new enclosed building area Approximately 50 sq. ft. of the to -be -converted enclosed area would encroach into the 25' frontyard setback along 141 Street. JUNE 22, 1999 53 BOOK .�. PAGE G1