HomeMy WebLinkAboutR-87-19A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING
TO HENRY A. FISCHER & SONS, INC., A SPECIAL USE PERMIT
FOR A SAND MINE (LAKE CONSTRUCTION) PURSUANT TO SECTIONS
20A-5.19(B) AND 20A-2.6, LAND DEVELOPMENT CODE; P~OVIDING
AN EFFECTIVE DATE.
WHEREAS, Henry A. Fischer on behalf of Henry A. Fischer and
Sons, inc., has processed a special exception application and site
plan approval before the Planning and Zoning Commission of the City
of Sebastian; and,
WHEREAS, the P & Z has recommended that the City Council grant
to the Applicant a Special Use Permit as required by the City's Land
Development Code after having granted the special exception; and,
WHEREAS, the Land Development Code requires that the City Council
consider the subject request as the deliberative body that is granted
the power and authority to grant special use permits; and,
WHEREAS, the proposed use and project is not prohibited by the
City of Sebastian Comprehensive Land Use Plan:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, AS FOLLOWS:
1. The City Council has held a public hearing on the application
of Henry A. Fischer on the ~day of ~,1987, and heard
testimony of all interested parties, and having considered the request
and the relevant evidence, the City Council finds and determines as
follows:
(A). The proposed use does not violate the Comprehensive
Land Use Plan or other applicable City Codes, rules, or regulations.
(B). The granting of this special use permit will not be
detrimental to the public safety, health, or welfare, or be injurious
to other properties or improvements within the immediate vicinity
of the subject project site. (See Exhibit A).
(C). The proposed use and project is consistent with the
purpose and intent of the residential zoning district and has been
demonstrated to be similiar in nature and comparable with the uses
allowed in said district as a lake in a residential subdivision.
2. This special use is granted by the City with the understanding
that the specifics of the proposed plan presented to the Planning and
Zoning Commission shall be met in accordance with the special exception
heretofore granted by that Board, and the special use otherwise com-
plies with all applicable rules, ordinances, rules and regulations
of the City of Sebastian Indian River Count ~c~'~
to the extent applicable.
3. This resolution shall be effective immediately upon final
passage and shall authorize the applicant to proceed upon submission
to the City of a performance bond in the amount of $10,000.00., and
acquisition by the applicant of a Indian River County Right-of-way
permit required for driveway or access connection to County Road 512.
I CERTIFY THAT THE FOREGOING RESOLUTION WAS DULY PASSED BY THE
CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON THE ~ DAY OF
~i~,-~ ,1987.
CITY OF S,~B~ FLORIDA
ATTEST:('~~;~.4~j///~.-~-,,~c~' ~-~ ,~ Ge~e~i~ M~Yor
Kathry~ Be~jam~
City Clerk
I HEREBY CERTIFY THAT NOTICE OF PUBLIC HEARING FOR THIS
RESOLUTION WAS PUBLISHED IN THE VERO BEACH PRESS JOURNAL, A NEWS-
PAPER OF GENERAL CIRCULATION IN THE CITY OF SEBASTIAN, ON THE
DAY OF ~ ,1987.
KAT~RyN BENJAM~
City Clerk