HomeMy WebLinkAboutOrderPROCEEDING BEFORE THE BOARD OF ADJUSTMENT
CITY OF SEBASTIAN, FLORIDA
IN RE: CHADWICK ENGLERT & NICOLE COTTON CASE No. 24-VAR-5
168 Hams Drive
Sebastian, Florida 32958
LEGAL DESC. LOTS 13 & 14, BLOCK 564, SEBASTIAN HIGHLANDS UNIT 16, according to the
plat thereof as recorded in Plat Book 8, Page 45 thru 45J of the Public Records of Indian
River County, Florida
ADDRESS: 1 168 Harris Drive, Sebastian, Florida
PARCEL I.D. 31-39-18-00003-5640-00013.0 Land Use: LDR (Low Density Residential)
Zoning: RS-10 (Residential Single -Family)
REQUEST(S): Variance request from CHADWICK ENGLERT & NICOLE COTTON, for their property
located at 168 Harris Drive, Sebastian, Florida from Sebastian Land Development Code
Sections 54-2-7.5(b)(1), 54-2-7.5(c)(6), 54-2-7.5(c)(7)d, and 54-2-5.2.3(d)(5) to allow an
accessory structure to exceed the 1,000 square foot maximum allowable area by an
undeterminable amount, to allow an accessory structure to encroach into a required
setback by an undeterminable amount, and to allow an accessory structure over 751 sq.
ft. in size to be of a different architectural design from the primary residence with regards
to fagade and materials, colors and trim, and roofing materials and pitch, whereas the
Land Development Code requires an accessory structure over that size to be the same as
the residence.
ORDER
WHEREAS, upon presentation at a public hearing on the 281 day of August, 2024, before the Board of
Adjustment, of the application for a Variance by the Property Owners, and upon review and consideration of all
testimony, evidence and argument presented at said duly noticed public hearing, which constitutes substantial
competent evidence, the Board determined by a vote of 4 to 1, that the variances requested do not meet the
prerequisites as set forth in Section 54-1-2.5 (c) (2) of the Land Development Code of the City of Sebastian.
TT IS, THEREFORE, ORDERED AND ADJUDGED THAT THE PROPERTY OWNERS' REQUEST
FOR VARIANCE IS DENIED, to allow the accessory structure to exceed the 1,000 square foot maximum
allowable area, to encroach into a required zoning setback, and to allow the accessory structure, being over
751 square feet in size, to be of a different architectural design from the primary residence with regards to
fagade and materials, colors and trim, and roofing pitch and materials.
This Order shall take effect immediately, and shall be deemed rendered three (3) days after it has been signed by
the Chairman of the Board of Adjustment, and deposited in the United States Mail for first class delivery to the
Property Owner. Any appeal certiorari review of this decision shall be made in the Circuit Court of Indian River
County within thirtv (30) days of the decision of the Board of Adjustment, as required by 54-1-2.5(e), of the City's
Code.
ATTEST:
-tte Williams, MMC
Clerk
By: (.67
Mayor Ed bodd
Chairman of the Board of Adjustment ------
CITY OF SEBASTIAN 7.7_
Approved as to Form and Legality for - -
reliance y thyCity of Sebastian only: —
J i ri D. Cockcroft, Esq., BdSEsq., BdS
Ci Attorney