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HomeMy WebLinkAbout1972 - 617 US Hwy 1 - Rocket Stationr y %1 P.. K. JEauandon P. O. Be. I Telephone 2211 SEBASTIAN, FLORIDA «-<yLGvY�2Ll 2-' -���� 2 / ; ✓s -Zet c� L✓e:2,�-cJ/�rei�e-Lr /� _� `72(.ij 1/4 J. z er ez r �•/ate , �'''`� �uZ� , �CZc✓«t�C-E �" ZZI(P Y • i c�u ttll to to4om t4ror Prrondo s4aU romr or mag ronrrrn. Grrr;aa3: r n 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 sfll�dtu j )} 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 11m 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 LTH:dj A rr, 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. 1" look 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 LTH: dj