HomeMy WebLinkAboutCase No 16-Var-7 Nicholson and ZiloIZi7:�7 Z�I�]�II�YI�`i
City of Sebastian, Florida
Application for Variance:
Mark Nicholson and Zina Zilo
Case No. 16 -VAR -7
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 23, 2016, and based upon the testimony and all of the
evidence presented, the Board of Adjustment enters the following:
FINDINGS OF FACT
1. MARK NICHOLSON and ZINA ZILO have requested a variance to
construct a seven and a half (7.5) foot fence along portions of the sides
and rear of their property located at 1514 Stonecrop Street, whose legal
description is Lot 13, Block 330, Sebastian Highlands Unit 13.
2. The Land Development Code of the City of Sebastian, Section 54-2-
7.7(c)(1) limits a residential fence to a maximum of six (6) feet in height.
3. Public notice of this hearing was published on November 1, 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 found that each criterion was
satisfied in the present application and recommended that the Board of
Adjustment grant the requested variance.
5. The applicant, Mark Nicholson, spoke in favor of the variance, along with
a member of the public.
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 six
(6) foot height restriction for a residential fence 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.
t'1 '
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 Ed
Dodd, seconded by Board Member Linda Kinchen, 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
23`h day of November, 2016.
ATTEST:
4K� �cJ a ma
erk to the Board of Adjustment
E
CITY OF SEBASTIAN
& �[C
Bob McPartlan, Chairman
Board of Adjustment
April 26, 2017
Date