HomeMy WebLinkAbout1972 - 617 US Hwy 1 - Rocket Stationr y
%1 P.. K. JEauandon
P. O. Be. I Telephone 2211
SEBASTIAN, FLORIDA
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Fr olu -te, That PAUL R. STEVENSON and HAZEL T. STEVENSON, his wife,
P. 0. Box 1, Sebastian, Florida 32958
for and in consideration of the sum of THREE THOUSAND FIVE HUNDRED DOLLARS
($31500.00)
lawful money of the United States of America, to them in hand paid by
AMERADA HESS CORPORATION
have remised, released and forever discharged, and by these Presents, do for themselves
their heirs, executors and administrators, remise, release and forever discharge
thesaid AMERADA HESS CORPORATION and BILLUPS EASTERN PETROLEUM COMPANY
and assigns, of and from all and all manner of action and actions, cause and causes of actions,
suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, con-
tracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents,
executions, claims and demands whatsoever, in law win equity, which against AMERADA HESS
CORPORATION or BILLUPS EASTERN PETROLEUM COMPANY they
ever had, now ha ve or which their
heirs, executors or administrators, hereafter can, shall, or may have, for, upon or by reason of any
matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these
Presents.
,3a Pitness Phereaf, we have hereunto set our hands and seal
this day of _ in the year of our Lord,
One thousand nine hundred and
Ara Ateateb sub pii5ereb
preanm of
} ✓ Paul R. Stevenson
�W zel stev�eno i
FLORIDA
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)} OR..
We it Ermembereb, that on this 'y�� day of
in the year of our Lord one thousand nine hundred and seventy--tw ,before me,
the subscriber, a notary publio of the State, of Plori a
personally appeared Paul R. Stevenson and Hazel T. Stevenson
who, I am satisfied, are the individuals mentioned in the within instrument,
and thereupon they acknowledged that they
signed, sealed and delivered the same as their act and deed, for the
uses and purposes therein expressed.
NOTn+;-na plrIlnl nT l'n^Gr
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BOARD OF ADJUSTMENT
CITY OF SEBASTIAN
SEBASTIAN, FLORIDA
Paul R. Stevenson
P. 0. Box 1
Sebastian, Florida 32958
Dear Mr. Stevenson:
As Chairman of The Board of Adjustments, City of Sebastian,
I have called a meeting on Friday, January 5th, at 9:00 A. M.
at the City Hall to consider your request for a variance to
allow you to operate a filling station on your property'at
the corner of State Road 512 and U. S. #1.
I am inviting you, your attorney and any witnesses that you
may wish to have appear before our committee to be present
at that time. You will be given opportunity to present any
evidence that you deem pertinent to the situation.
10►.
If you are unable to attend this meeting, please let me know
and we will make every effort to reschedule the meeting so
that you can be in attendance.
Thank you for your attention to this matter.
cere yours,
y t- a
E tive Vice President
& Cashier
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The Sebastian ]RIVer Bank
' P. O. BOX 247 • SEBASTIAN. FLORIDA 9295a
TELEPHONE 905/889-9181
December 29, 1972
MEMORANDUM
TO: L. B. VOCELLE
CITY ATTORNEY
FROM: LARRY T. HALL
RE: MEETING OF THE BOARD OF ADJUSTMENT
AW% I have called a meeting for Friday., January 5th, at 9:00 A. M.
City Hall to consider the request from Paul R. Stevenson re-
questing a variance to allow him to operate a filling station
on his property at the corner of U. S. #1 and State Road 512.
It is the desire of this committee that the City Attorney be
present to answer any legal questions that might arise during
this hearing.
If for any reason you are unable to attend this meeting, please
let me know so that we may reschedule.
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December 29, 1972
MEMORANDUM
TO: BOARD OF ADJUSTMENT'
FROM: LARRY T. HALL
RE: SPECIAL MEETING
A request has been received from Paul R. Stevenson asking that we
consider a variance for him on operating a service station on certain
properties located at the comer of U. S. #1 and State Road 512, more
commonly known as the Rocket Station.
Mr. Stevenson has requested that the City Council issue a license
for a filling station at this location. The City Council and City
Attorney have deemed that the above ground storage tanks at the
present site are not in compliance with present City Ordinances.
The City Attorney has advised the City Council that this matter
should be referred to the variance committee for its consideration.
I am therefore calling a meeting for Friday, January 5th at 9:00 A. M.
at City Hall to consider this request. If you are unable to attend
this meeting, please let me know so that I can be sure a quorum will
be present.
MINUTES
BOARD OF ADJUSTMENT
JANUARY 5, 1973
9 A.M. - CITY HALL
SEBASTIAN, FLORIDA
The meeting was called to order by Chairman Larry T. Hall at 9:00.
Present were: Members Broyles, Betz, Pottinger and absent was Board
Member Mays. Also present was City Attorney, L. B. Vocelle. Present
representing the Public were: Lloyd Harrison, Paul Stevenson, with
his Attorney, Charles Sullivan and Insurance Agent, Bob Atha were there
at the invitation of the Board.
The attached communication to the City Council was read. City Attorney
Vocelle recommended that this letter to be construed as an appeal to
the Board of Adjustment.
Chairman Hall read the applicable Statutes; Florida Statutes, Chapter
176, City of Sebastian Code Appendix A, regarding zoning, the specific
section on Tank Regulation, Non -Conforming Usuage and the purpose and
duties of Board of Adjustment.
After this Mr. Stevenson and his attorney were asked if they had any
comments to address to the board. Mr. Sullivan, speaking for Mr.
Stevenson, stated that his client was bound to a lease to the Oil Company
which did not allow him to go in and take possession of his property. The
Oil Company chose to close the station and pay off the lease. Therefore,
he had lost control and was able to keep his business from losing its
Grandfather Clause privilege for the above ground storage tanks. He also
indicated the cost of the tanks being sunk into the gound would run
approximately $20,000.00 due to the high water level of the area. He
said that insurance was available and that the State Fire Codes or what
ever regulations or restrictions the board might place upon this would
be met.
Mr. Stevenson indicated that he felt that it was unfair to him for him
to have to make an expenditure of this size to open the service station.
Bob Atha spoke as Insurance Agent for Mr. Stevenson, stating that his
Company had Insurance on the tanks and would continue to maintain it.
City Attorney Vocelle countered with the fact that the City Code was
very clear on this subject and that he did not feel Mr. Steeenson
could properly fall under any of the exceptions. It would be strictly
up to the board whether or not they chose to grant Mr. Stevenson a varaince
if they felt he had a legitimate hardship case.
Page 2
Minutes
Board of Adjustment
Mr. Pottinger commented that he felt that storage tanks of this type
should be surrounded by a fence to protect people from getting too
close to the tanks.
Mr. Betz spoke of the fact that he felt the railroad was very close
and that it was always the danger of fires.
Mr. Broyles spoke saying that a prudent man should have done something
earlier instead of waiting for the station to deteriorate. He also
indicated the welding shop being near by would create a hazard in his
opinion.
Mr. Atha spoke assuring him that welding was no problem
Chairman Hall summed up the views of the variance board with special
emphasis upon the responsibility of the zoning board in such matters
in considering a variance, that they should not make any finding that
would materialy increase the congestion of public streets or
increase the public danger of fire and safety or materialy diminish or impair
^ established property values within the surrounding area, or in any
respect impair the public health, safety, morals and general welfare
of the City of Sebastian, Florida.
Having done so Chairman Hall asked if there were any comments from
any members of the audience or if any members of the board had further
questions to ask. Since there were none, Member Broyles made
a amotion to uphold the City Clerk in denying the license to reopen the
station, motion was seconded by Member Betz. When a roll call bete
Member Pottinger voted no, Betz, Broyles and Hall, yes. Motion passed
and the City Clerk was upheld in his decision not to issue a license
to Mr. Stevenson.
Meeting was adjourned.
r.1
January 8, 1973
Honorable Charles S. Zimmer, Mayor
City of Sebastian
Sebastian, Florida 32958
Dear Mayor:
Cn January 5th, 1973, the Board of Adjustment met
and upon a vote of three to one upheld the action of
the City Clerk in refusing to issue a permit to open
a filling station to Paul R. Stevenson.
We have no other business pending.
Respectfully submitted,
Larry T. Hall, Chairman
Board of Adjustment
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