HomeMy WebLinkAboutCase No 16-Var-5 SergeBOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
Charles R. Serge
Case No. 16 -VAR -5
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. CHARLES R. SERGE has requested a variance to construct a screened
pool enclosure to be 3.5 feet from the rear property line of his property
located at 100 Port Royal Court, whose legal description is Lot 351,
Sebastian River Landings Subdivision Phase 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 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 each criterion was
satisfied in the present application and recommended that the Board of
Adjustment grant the requested variance.
5. The applicant, Charles R. Serge, spoke in favor of the variance.
6. The subdivision's Homeowners Association President spoke in opposition
of 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 Chairman Bob
McPartlan and seconded by Board Member Andrea Coy and adopted by the Board by a
vote of 4 in favor and 0 against. Therefore, the requested variance was GRANTED.
DONE AND ORDERED in the City of Sebastian, Indian River County, Florida, and
this 88`h day of September 2016.
ATTEST:
4ZYerk to the Board of Adjustment
2
CITY OF SEBASTIAN
Bob McPartlan, Chairman
Board of Adjustment
April 26, 2017
Date