HomeMy WebLinkAboutCase No 16-Var-6 MurrayBOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
Gary and Maureen Murray
Case No. 16- VAR -6
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 September 28, 2016, and based upon the testimony and all of the
evidence presented, the Board of Adjustment enters the following:
FINDINGS OF FACT
1. GARY and MAUREEN MURRAY, in regards to Lot 15, Block 244,
Sebastian Highlands Unit 10 located at 701 Bayharbor Terrace, has
requested a variance to allow an accessory structure (shed) 493 SF in size to
be 10 feet from the rear property line.
2. The Land Development Code of the City of Sebastian, Section 54-2-
7.5(b)(1)a. requires accessory structures over 400 SF in size to be 20 feet
from the rear property line for residential zoning districts.
3. Public notice of this hearing was published on September 13, 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 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, Gary Murray, 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 have not 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 deny a variance for Lot 15, Block 244, Sebastian Highlands Unit 10, allowing an
accessory structure (shed) over 400 SF in size (493 SF) to be 10 feet from the rear property
line. Said motion was made by Board Member Jim Hill and seconded by Board Member
Andrea Coy to deny the variance request, and adopted by the Board by a vote of 3 in favor
and 1 against. Therefore, the requested variance was DENIED.
DONE AND ORDERED in Sebastian, Indian River County, Florida, and this 28th
day of September, 2016.
CITY OF SEBASTIAN
. /;I &—
Bob McPartlan, Chairman
Board of Adjustment
April 26, 2017
Date
ATTEST:
CWrk to the Board of Adjustment