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HomeMy WebLinkAboutR-19-19 Vehicular Sales Exception - 920 US Hwy 1RESOLUTION NO. R-1949 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SPECIAL EXCEPTION TO SECTION 54-2-5.4(b) OF THE LAND DEVELOPMENT CODE TO ALLOW A VEHICULAR SALES USE (WHOLESALE) WITHIN THE COMMERCIAL RIVERFRONT ZONING DISTRICT, SPECIFICALLY FOR A PROPERTY LOCATED AT 920 US HIGHWAY #1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Adam Espley has filed an application for approval of a special exception to allow a wholesale auto sales business as a permitted use in the Commercial Riverrront (CR) Zoning District for a property located at 920 US Highway #1 and owned by 920 US 1, LLC; and WHEREAS, the Planning and Zoning Commission held a public hearing on August 15, 2019, and unanimously recommended approval of the special exception; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINDINGS. The City Council of the City of Sebastian does hereby find: The approval of the application for a special exception will not be detrimental to the public safety, health or welfare, or be injurious to other properties or improvements within the immediate vicinity in which the property is located based on criteria established in the Land Development Code; and b. The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district; and C. The requested use is consistent with the Comprehensive Plan and the Code of Ordinances. Section 2. APPROVAL. The special exception application for approval of a vehicular sales (wholesale) business as a permitted use in the Commercial Riverfront zoning district, specifically only for a property located at 920 US Highway #l, is approved with the following condition: 1. The business shall not be allowed to display, sell on site, or temporarily park any vehicles involved with the auto sales operation on the business property. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 5. EFFECTIVE DATE. upon its adoption. This resolution shall take effect immediately The foregoing Resolution was moved for adoption by Councilmember x;nchen . The motion was seconded by Councilmember Mcparti. n and, upon being put into a vote, the vote was as follows: Mayor Jim Hill aye Vice Mayor Linda Kinchen aye Councilmember Ed Dodd aye Councilmember Albert Iovino aye Councilmember Bob McPartlan aye The Mayor thereupon declared this Resolution duly passed and adopted this lla' day of September, 2019. E ATTEST: anetto William it Clerk Approved as to form and content for reliance by the City of Sebastian only: J=7,§okes, City Attorney 3 CITY OF SEBASTIAN, FLORIDA By: Jim ayor