HomeMy WebLinkAboutCase No 16-Var-4 Store RightBOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
StoreRight (Sebastian XIII), LLC Case No. 16 -VAR -4
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 August 10, 2016, and based upon the testimony and all of the evidence
presented, the Board of Adjustment enters the following:
FINDINGS OF FACT
1. STORERIGHT (SEBASTIAN XIII), LLC requested a 7.28 -foot setback
variance from the required 20 -foot setback to allow for a 12.72 setback
along the southeast property line; and a 10 -foot setback variance from the
required 20 -foot setback requirement on the northwest corner of the
property to allow for a 10 -foot setback on the property located at 9220
Sebastian Boulevard, whose legal description is Lot 1, Sebastian Crossings
Commercial Subdivision. The Land Development Code of the City of
Sebastian, Section 54-2-6.4(28)b.1 requires that all setbacks of the
respective zoning district shall be used except in no case shall the setback
be less than 20 [feet].
2. Public notice of this hearing was published on July 26, 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.
3. 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.
4. Speaking on behalf of the applicant, Attorney Warren Dill stated the
applicant requested to withdraw the variance request for a 7.28 -foot
setback variance from the required 20 -foot setback to allow for a 12.72
setback along the southeast property line.
5. Attorney Doug Vitunac, on behalf of Steve Philipson, spoke in opposition
to the variance.
6. Dick Krull, homeowner, representing 180 homeowners in the adjacent
Sebastian Crossings subdivision, spoke in opposition to the variance.
7. In response to the opposition, Brian Good, P.E., Kimley-Horn and
Associates, and Attorney Warren Dill, spoke in favor of the variance.
8. Board Member Gillmor made a motion to withdraw the request for the
variance along the southeast property line, seconded by Board Member
Coy and motion carried by 3-0 vote.
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 the remaining requested variance, in accordance with the staff report. Said
motion was made by Board Member Andrea Coy, seconded by Board Chairman Bob
McPartlan, and adopted by the Board by a vote of 3 in favor and 0 against. Therefore, the
requested variance was DENIED.
DONE AND ORDERED in the City of Sebastian, Indian River County, Florida, this
10th day of August, 2016.
CITY 0 SSEBASTI
Bob McPartran, Chairman
Board of Adjustment
April 26, 2017
date
CoOrkJothe Board of Adjustment