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HomeMy WebLinkAboutR-87-82RESOLUTION NO. R-87-82 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING RESOLUTION NO. R-82-2 AND ADOPTING A NEW FEE SCHEDULE, A NEW APPLICATION FORM, AND A NEW INFORMATION SHEET FOR THE BOARD OF ADJUSTMENTS WHEREAS, the Board of Adjustment has requested that the fee of $60.00 for filing matter before the Board of Adjustments be raised to the sum of $100.00, and WHEREAS, the City Council accepts the recommendation of the Board to raise the fee as stated, and WHEREAS, the Application Form to submit matters to the Board of Adjustment should be revised and the Information Sheet regarding the Board of Adjustment should be revised, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: 1. Resolution No. R-82-2, dated January 11, 1982 is HEREBY REPEALED. 2. Ail applications to the Board of Adjustment shall require require a fee of one hundred dollars ($100.00) to be paid to the City Clerk's Office with submission of the applicant's application. 3. Ail applications to the Board of Adjustment shall be made on the approved form attached hereto. 4. The Information Sheet attached hereto is approved and shall be given to each applicant who desires to submit one or more matters to the Board of Adjustment for that Board's consideration. 5. This Resolution shall be effective immediately upon its passage by the City Council but shall not affect any applications that have been submitted to the City Clerk's Office with a proper fee prior to the effective date. ~~~TIAN, FLORIDA L'. ~e~/~arris, Mayor ATTEST: Kathr~n ~. O'Halloran, CMC/AAE City Clerk i HEREBY CERTIFY that this Resolution was passed by the City ~ouncil of the City of Sebastian, Florida, on theft_day of Kathr~ M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: C~ity Attorney Received on Application No. CITY OF ~IAN APPLICATION TQ BQARD QF ADJUSTMENT I hereby make application to the Board of Adjustment of the City of Sebastian, Florida for a hearing to resolve the matter(s) as stated. Legal Description of Land in Issue: Zoning Classification. Land Use. This Application is for Variance(s), or Appeal(s) or Special Exception. (Specify correct designation.) SPECIFY ALL CODE PROVISIONS WHICH YOU ARE REQUESTING TO BE VARIED OR THE DECISION OR DECISIONS OF THE BUILDING OFFICIAL THAT YOU ARE APPEALING: NAME OF OWNER(S) STREET ADDRESS OF PARCEL IN ISSUE: MAILING ADDRESS OF APPLICANT: PHONE NUMBER OF APPLICANT: ...... IF APPLICANT IS OTHER THAN RECORD OWNER OF PARCEL ATTACH WRITTEN AUTHORIZATION FROM OWNER TO SUBMIT THIS APPLICATION ON OWNER'S BEHALF. ADD I TI ONAL COMMENTS: Signature of Applicant Title of Applicant (if applicable) Attached hereto is an information sheet outlining the Board's procedures. A fee of one hundred dollars ($100.00) must accompany this Application. Approved Form Resolution No. Dated: INFORMATION SHEET BOARD OF ADJUSTMENT Consult Section 20A-11.2 of the City of Sebastian Land Develop- ment Code for information relating to the Board of Adjustment. Subsection D of Section 20A-11.2 specifies the items that must be proven to the Board by the Applicant or the Applicant's representative. The burden of proof is with the Applicant and all elements must be proven by a preponderance of the evidence based on the entire record as a whole. If an application incorrectly states the relief granted, the correct relief can be granted provided the applicant proves the elements needed to permit the Board to properly act. No relief can be granted by the Board unless and until the applicant proves all necessary elements for proper relief. Ail applications shall be filed with the City Clerk in a timely manner and with the correct fee. There are various time limits that must be met and these limits are jurisdictional. If the time limits are not met the Board has no jurisdiction over the over the matter in issue. The Applicant shall be notified when the Board will meet to consider the item that the Applicant requests on the approved form. No item shall be considered by the Board unless the approved form is submitted on time with the necessary fee. Application forms must be filled out completely. papers must be filed along with the Form: The following 1. Boundary survey of the property executed by a Florida Registered Surveyor. The survey must show the dimensions of the lot or parcel in issue and must show the location of all structures, if any, along with adjacent streets. The survey shall show all easements and rights-of-way. 2. The applicant must also provide a plat, map, diagram, or other information that may be needed by the Board to correctly decide the relief requested by the applicant. This information shall be required if the survey does not show all needed data and information. It is the responsibility of the Applicant to determine what data and information is needed in each case. The Building Official shall assist the Applicant within reason on these matters. 3. Only so much data and information shall be required to properly advise the Board of the facts and circumstances needed to decide the case on its merits. 4. If it is determined that the requested relief is not within the power and jurisdiction of the Board, then no public hearing shall be required because of lack of jurisdiction. If the matter requested is within the jurisdiction of the Board of Adjustment, a public hearing shall be held if requested by the applicant. 5. THE APPLICANT SHALL PROVIDE THE CITY CLERK'S OFFICE WITH THE NAMES AND ADDRESSES OF ALL PROPERTY OWNERS WHOSE PROPERTY OR ANY PART OF THEIR REAL PROPERTY IS WITHIN 200 FEET OF ANY OUTER BOUNDARY OF THE LOT OR PARCEL OF LAND THAT IS THE SUBJECT OF THE APPLICATION. THIS INFORMATION MUST BE PROVIDED ALONG WITH THE APPLICATION AND THE FEE. 6. If the matter is within the jurisdiction of the Board, the Board may grant the request in whole or in part, with or without qulaifications, depending on the evidence presented at the hearing. The Board may deny the request. The Board may postpone the matter if the circumstances warrant, but no matter shall be unduly delayed. Approved by Resolution No.