HomeMy WebLinkAboutR-94-33 RESOLUTION NO.: R-94-33
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE CITY COUNCIL TO
TEMPORARILY FULFILL THE RESPONSIBILITIES OF THE CITY OF
SEBASTIAN BOARD OF ADJUSTMENT; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 20A, Section 20A-11.2 of the Land
Development Code of the City of Sebastian creates a Board of
Adjustment for the purpose of hearing and deciding administrative
appeals and to hear and decide requests for special exception; and
WHEREAS, Section 20A-11.2 requires the Board of Adjustment to
consist of five (5) members and two (2) alternate members; and
WHEREAS, Section 20A-11.2 of the Land Development Code further
requires a quorum to consist of four (4) members of the Board; and
WHEREAS, the Board of Adjustment does not currently have
sufficient seated members to constitute a quorum of the Board of
Adjustment; and
WHERE~S, the City Council has made diligent efforts to appoint
new members to the Board in order to obtain a quorum for the Board
to conduct business; and
WHEREAS, all of the city Council's reasonable efforts have not
produced enough seated members to constitute a quorum of the Board
of Adjustment.
NOW~ THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. The City Council of the City of Sebastian,
pursuant to the authority granted to the City Council by the City
Charter, shall temporarily act in the capacity of the Board of
Adjustment.
Section 2. DUP~%TION. The city Council shall act as the
Board of Adjustment until such time as an ordinance is adopted
which amends or repeals Section 20A-11.2 of the City of Sebastian
Land Development Code.
Section 3. AUT~.0RITYAND RULES OF PROCEDURE. The City of
Sebastian City Council, when sitting as the Board of Adjustment,
shall act in all regards in accordance with the requirements of
Section 20A-11.2 of the city of Sebastian Land Development Code.
The City Council shall have all authority as set forth in Section
20A-11.2 of the City of Sebastian Land Development Code and shall
act in accordance with the procedure set forth therein.
Section 4. CONFLICT. Ail 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resolutions in conflict herewith are hereby repealed.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.
SectioD .~,: EFFECTIVE ,,D&TE.
effect immediately upon final passage.
This Resolution shall take
The foregoing Resolution was moved for adoption by Council
vote, the vote was as follows:
The motion was seconded by
and, upon being put to a
Mayor Arthur L. Firtion
Vice-Mayor Carolyn Corum
Council Member Norma J. Damp
Council Member Robert Freeland
Council Member Frank Oberbeck
The Mayor thereupon declared this Resolution duly passed and
adopted this ~ day offS_ , 1994.
ATTEST:
Kathry~~ M.' O'Halloran, CMC/AAE
City Clerk
CITY OF SEBASTIAN. FLORIDA
Arthur L. Firtion, Mayor
(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 hearing was held on
this Resolution at 7:00 p.m. on the 8th day of June, 1994, and that
following said public hearing this Resolution was passed by the
City Council.
Kathryn M. O'Halloran, CMC/AAE
city Clerk
Charles Ian NaSh,~"TtT-Attorney