HomeMy WebLinkAboutCase No 16-Var-3 Mauti & PezzulloBOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
Charles Mauti and Patricia Pezzullo Case No. 16 -VAR -3
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. CHARLES MAUTI AND PATRICIA PEZZULLO have requested a
variance to allow a fence to be installed on a vacant lot without an existing
house, or not unified to a lot with an existing house, on their property
located at 469 Georgia Boulevard, whose legal description is Lot 14, Block
490, Sebastian Highlands Unit 15.
2. The Land Development Code of the City of Sebastian, Section 54-2-7.5(a)
requires the presence of a principal building before an accessory structure
or use can be permitted.
3. 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.
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 the majority of criteria
were satisfied in the present application and recommended that the
Board of Adjustment approve the requested variance.
5. The applicants, Paul Mauti and Patricia Pezzullo, spoke in favor of the
variance.
6. One member of the public spoke in favor to the application.
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 to a fence to be installed on a
vacant lot without an existing house, or not unified to a lot with an existing house on their
property 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.
C17 0Di ll
Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was made to
approve the requested variance with the conditions that a land clearing permit must be
obtained, including all requirements set forth in Sec.54-3-14.7 of the Land Development
Code; protected trees are to remain on site or mitigated; the property must be sodded and
not remain bare soil or mulch; use of the property is restricted to the variance requests until
such time the lot is unified to another lot with a principal structure, or a house permit is
applied for; and outside storage or parking of any kind on the lot is prohibited. Said motion
was made by Board Member Andrea Coy, seconded by Board Member Richard Gillmor,
and adopted by the Board by a vote of 3 in favor and 0 against. Therefore, the requested
variance was APPROVED.
DONE AND ORDERED in the City of Sebastian, Indian River County, Florida, this
101" day in August, 2016.
ATTEST:
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Bob McPartlan, Chairman
Board of Adjustment
April 26, 2017
date