HomeMy WebLinkAboutR-91-26 RESOLUTION NO.= R-91-26
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO THE GRANTING OF A SPECIAL
USE PERMIT FOR THE OPERATION OF A MUSEUM FACILITY,
PURSUANT TO SECTION 20A-2.6 OF THE LAND DEVELOPMENT CODE
OF THE CITY OF SEBASTIAN, FOR A TRACT OF LAND
APPROXIMATELY .398 ACRES IN SIZE LOCATED SOUTH OF FIRST
STREET, WEST OF INDIAN RIVER DRIVE, NORTH OF MAIN STREET,
AND EAST OF U.S. HIGHWAY 1, ALSO KNOWN AS STATE ROUTE 5,
LOCATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA~ PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS
OF THE LAND DEVELOPMENT CODE OF THE CITY OF SEB~STIAN~
PROVIDING FOR THE IMPOSITION OF CONDITIONS FOR THE
iSSUANCE OF THE SPECIAL USE PERMIT~ PRESCRIBING A TIME
WHEN THE SPECIAL USE PERMIT EXPIRES~ PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH~ PROVIDING A SEVERABILITY CLAUSE~ AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Melvin A. Fisher and Dolores E. Fisher, individually,
("the Applicants"), have applied for the issuance of a special use
permit for the operation of a museum facility from a tract of land
which is located in the City of Sebastian, Indian River County,
Florida; and
WHEREAS, the Applicants have participated in various pre-
application discussions with appropriate members of the city staff~
and
WHEREAS, the City staff has determined that the Applicants~
application for a special use permit should be approved subject to
certain conditions; and
WHEREAS, at its regular meeting on July llj 1991, the Planning
and Zoning Commission recommended approval of the Applicants~
request for the granting of a special use permit for the operation
of a museum facility on a tract of land the Applicants own located
in the city of Sebastian; and
WHEREAS, the City Council has considered the recommendations
and comments of the Planning and Zoning Commission and the city
staff; and
WHEREAS, the city Council has conducted a public hearing after
compliance with the provisions of Section 20A-2.6 D of the Land
Development Code of the City of Sebastian to afford the input of
comments and evidence from all interested persons, citizens and
affected persons; and
WHEREAS, the City Council has determined that the granting of
the special use permit to the Applicants will not be detrimental
to the public safety, health or welfare or be injurious to other
properties or improvements within the immediate vicinity in which
the Applicants' property that is the subject of the special use
permit is located; and
WHEREAS, the City Council has determined that the use
requested by the Applicants, that is, the operation of a museum
facility, is consistent with the purpose and intent of the zoning
district where the Applicants' property that is the subject of the
special use permit is located and is similar in nature and
compatible with the uses allowed in that zoning district.
NOW, THEREFORE, BE iT RESOLVED BY THE CiTY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. SPECIAL USE PERMIT. The application for the
issuance of a special issue permit for the operation of a museum
facility submitted by Melvin A. Fisher and Dolores E. Fisher,
individually, for the real property located at 1322 U.S. Highway
1, in the city of Sebastian, Indian River County, Florida, being
more particularly described as follows:
"Lots 13, 14, 15, 16 and 17, Block 1, Hardee's
Subdivision No. B, according to the Plat thereof, as
recorded in Plat Book 4, Page 74, Public Records of St.
Lucie County, Florida; LESS AND EXCEPT THEREFROM the
following described portion of the aforesaid Lot 13,
described as follows: Beginning at the Northwest corner
of said Lot 13, run Southeasterly on the Westerly line
of said Lot 13 a distance of 5 feet, thence run
Northeasterly to a point on the Northerly line of said
Lot 13, said point being 9 feet Easterly of the Northwest
corner of said Lot 13, thence run Southwesterly a
distance of 9 feet to the Point of Beginning,
is granted, subject to the requirements and conditions contained
in this Resolution.
Section 2. CONDITIONS OF APPROVAL;tND CONTINUATION OF THE
SPECIAL USE PERMIT. The approval of the city Council of the
application of the Applicant for a special use permit that is the
subject matter of this Resolution and the continuation of such
special use permit until its expiration as provided for in this
Resolution is conditioned on the continuous satisfaction of, and
compliance with, the following requirements by the Applicants or
their successors and assigns: Compliance with the provisions of
all applicable federal and Florida statutes, rules and regulations,
county ordinances and the ordinances and resolutions of the City
of Sebastian, including, but not by way of limitation, all
sections of the Land Development Code.
Section 3. EXPIRATION OF THE SPECIAL USE PERMIT. The Special
Use Permit granted to the Applicants pursuant to this Resolution
shall expire on such date that the subject property ceases to be
used primarily as a museum.
~ectio__n 4. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 5____=. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed that
the City Council of the city of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the city Council would have enacted the remainder of
this Resolution without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
Section 6. EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
The foregoing Resolution was moved for adoption by Councilman
The motion was seconded by
Councilman
vote, the vote was as follows:
and, upon being put to a
Mayor W. E. Conyers
vice-Mayor Frank Oberbeck
Councilman Peter R. Holyk
Councilman Lonnie R. Powell
Councilman George R. Reid
The Mayor thereupon declared this Resolution duly passed and
CITY OF SEBASTIAN, FLORIDA
ATTEST:-,. W.E. Conye~or
'K~thrYn ~/..O' }{alloran~, --~MC/AAE
(seal)
I"'HEREBY CERTIFY that notice of public hearing on this
Resolution was published in the Vero Beach Press Journal as
required by Section 20A-2.6 D.1 of the Land Development Code of
the City of Sebastian, Florida, that one public heari~ was ~eld
on this Resolution at 7:00 p.m. on the /J/~Jday of~4t~F~ ,
1991, and that following said public hearing this ResoluUtion was
passed by the City Council.
K~hryn M//~Halloran; C~c/AAE
City Cler~
Approve~s to Form and Content:
Charles lan Nash, city ~ttorney
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