HomeMy WebLinkAboutCase No 16-Var-2 LaCassef:ZiP7,_1Z�1�ItbY�Y71�1►Yt
City of Sebastian, Florida
Application for Variance:
Linda LaCasse
Case No. 16 -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 March 23, 2016, and based upon the testimony and all of the evidence
presented, the Board of Adjustment enters the following:
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1. LINDA LACASSE has requested a variance to allow 1,178 square feet of
accessory building area (cumulative) on her property located at 1643
Coral Reef Street, whose legal description is Lots 4 & 5, Block 340,
Sebastian Highlands Unit 13, which includes an existing 890 square foot
storage building and an unpermitted 288 square foot shed.
2. The Land Development Code of the City of Sebastian, Section 54-2-
7.5(c)(6) allows the total accessory building area not to exceed 1,000
square feet.
3. Public notice of this hearing was published on March 8, 2016, 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 opined that a number of criteria
were not satisfied in the present application and recommended that the
Board of Adjustment deny the requested variance.
5. The applicant, Linda LaCasse, 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 applicant was given misinformation when she
purchased the property which created extenuating circumstances and an undue hardship
to remove the 288 square foot shed. Therefore, the requirements for granting a variance to
allow an additional 178 square feet of accessory building area 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.
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Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was
made to approve the requested variance with the conditions that the variance is for the
specific 288 square foot shed only and does not confer approval rights to any replacement
structures if the shed is removed from the property, and a building permit must be
received for the shed meeting all applicable structural codes. Said motion was made by
Chairman Bob McPardan, seconded by Board Member Jim Hill, and adopted by the
Board by a vote of 4 in favor and 0 against. Therefore, the requested variance was
APPROVED.
DONE AND ORDERED in the City of Sebastian, Indian River County, Florida, this
23rd day of March, 2016.
ATTEST:
C k tai the Board of Adjustment
2
CITY OF SEBASTIAN
Bob McPartlan, Chairman
Board of Adjustment
April 26, 2017
date