HomeMy WebLinkAboutCase No. 15-VAR-2 DiPerriBOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
John D. DiPerri
Case No. 15 -VAR -2
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
THIS CAUSE came on for public hearing before the Board of Adjustment of the
City of Sebastian on November 18, 2015, and based upon the testimony and all of the
evidence presented, the Board of Adjustment enters the following:
FINDINGS OF FACT
1. JOHN D. DIPERRI has requested a variance to construct a screened pool
enclosure on an existing deck 6.8 feet from the rear property line of his
property located at 608 Layport Drive, whose legal description is Lot 2,
Block 104, Sebastian Highlands Unit 2.
2. The Land Development Code of the City of Sebastian, Section 54-2-
7.5(b)(1)a requires such structure to be a minimum of 10 feet from the
rear property line.
3. Public notice of this hearing was published on November 3, 2015, in the
Press Journal, a newspaper of general circulation in the City of
Sebastian. Notice of this hearing was also mailed to all property owners
within three hundred (300) feet of the subject property, as shown in the
records of the Property Appraiser of Indian River County, in accordance
with the requirements of the Land Development Code.
4. The Community Development Department of the City of Sebastian
identified the criteria for determining variances, Section 54-1-2.5, Land
Development Code. The Department found that each criterion was
satisfied in the present application and recommended that the Board of
Adjustment grant the requested variance.
5. Ms. Heather Ring, representing Coastal Aluminum Construction, Inc.,
spoke in favor of the variance.
6. No one appeared to testify in opposition to the variance.
CONCLUSIONS OF LAW
Based upon a careful consideration of the evidence presented, and the applicable
provisions of the Land Development Code of the City of Sebastian, the Board of
Adjustment hereby determines that the requirements for granting a variance from the 10
foot rear setback have been satisfied. Specifically, these requirements are:
1. The existence of special conditions or circumstances;
2. The conditions were not created by the applicant;
3. Special privileges are not being conferred;
4. Hardship conditions exist;
5. Only the minimum variance is being granted;
6. There is no injury to the public welfare or to the intent of the ordinance;
and
7. This is not a use variance.
Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was
made to approve the requested variance. Said motion was made by Board Member
Andrea Coy, seconded by Board Member Bob McPartlan, and adopted by the Board by a
vote of 5 in favor and 0 against. Therefore, the requested variance was GRANTED.
DONE AND ORDERED in the City of Sebastian, Indian River County, Florida, this
18`h day of November, 2015.
CITY OF SEBASTIAN
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QRind Gillmor, Chairman
Board of Adjustment
date
to the );bard of Adjustment