HomeMy WebLinkAbout24- VAR-7 798 Spire AvePROCEEDING BEFORE THE BOARD OF ADJUSTMENT
CITY OF SEBASTIAN, FLORIDA
IN RE: SEAN, CORISSA, & MARY STROHL CASE No. 24-VAR-7
798 Spire Avenue
Sebastian, Florida 32958
LEGAL DESC. LOT 1, BLOCK 74, SEBASTIAN HIGHLANDS UNIT 2, according to the plat thereof
as recorded in Plat Book 5, Pages 34 thru 37 of the Public Records of Indian River County,
Florida
ADDRESS: 1 798 Spire Avenue, Sebastian, Florida
PARCEL I.D. 31-38-01-00003-0740-00001.0 Land Use: LDR (Low Density Residential)
Zoning: RS-10 (Residential Single -Family)
REQUEST(S): Variance request from SEAN, CORISSA, & MARY STROHL, for their property located
at 798 Spire Avenue, Florida, from Sebastian Land Development Code Section 54-2-
7.7(c)(3) and 54-2-7.7(c)(1) to allow a fence to be six (6) feet in height on a corner lot within
the secondary front yards and in front of the main structure, whereas the code requires the
fence to be only four (4) feet in height if the fence is located in a secondary front yard, and
in front of the house.
ORDER
WHEREAS, upon presentation at a public hearing on the 201 day of November, 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 5 to 0 , that the variance requested does meet the
prerequisites as set forth in Section 54-1-2.5 (c) (2) of the Land Development Code of the City of Sebastian.
IT IS, THEREFORE, ORDERED AND ADJUDGED THAT THE PROPERTY OWNERS' REQUEST
FOR A VARIANCE, IS APPROVED AS AMENDED, so that the portion of the fence that is located within
the secondary front yard along Mark Street can be six (6) feet in height, but that the portion of the fence
located in the secondary front yard along Wimbrow Drive can be six (6) feet in height if located ten (10)
feet back from the property line, and that any portion of the fence that extends beyond the front house line
must be four (4) feet high. The applicant shall obtain a revised permit, with any subsequent fee waived,
and relocate the fence along Wimbrow Drive and in front of the house within a time period of no longer
than two (2) months from the date of the hearing, or reduce those portions of the fence to four (4) feet in
height.
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.
Mayor Bob McPartlan
Chairman of the Board of Adjustment
CITY OF SEBASTIAN
ATTEST:
WV_&&MA
;tte Williams, MMC
Clerk
Approved as to Form and Legality for
reliance by the
�City
�of/Sebastian only: _
fer, D. Cockcroft, E4q., BCS
CAttorney