HomeMy WebLinkAboutR-94-59RESOLUTION NO. R-94-59
A RESOLUTION OF THE CiTY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, GRANTING A SPECIAL USE PERMIT TO THE
SEBASTIAN INLET MARINA AND TRADING COMPANY TO CONSTRUCT
AN EIGHTEEN HOLE MINIATURE GOLF COURSE ON APPROXIMATELY
TWENTY THOUSAND SQUARE FEET OF LAND AT 1606 NORTH INDIAN
RIVER DRIVE, SEBASTIAN, FLORIDA 32958; FINDING THE USE IS
NOT DETRIMENTAL TO THE PUBLIC SAFETY', HEALTH ANDWELFARE
AND IS CONSISTENT WITH THE PURPOSE AND iNTENT OF THE
GENERAL MARINE COMMERCIAL DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS, CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Sebastian Inlet Marina and Trading Company has
made application for a special use permit to construct an eighteen
hole miniature golf course on approximately twenty thousand square
feet of land as shown on the attached sketch under Section 20A-2.6
of the Land Development Code of the City of Sebastian, Florida; and
WHEREAS, the Planning and Zoning Commission held a public
hearing on August 11, 1994 and recommended approval of the special
use permit; and
WHEREAS, the City Council of the City of Sebastian, Florida,
has fully considered such permit.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. FINDINGS OF FACT. The city Council, after
considering the evidence presented at the hearing, finds as
follows:
(1) The granting of the 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
in which the property is located; and,
(2) The use requested is consistent with the purpose and
intent of the respective General Marine Commercial District, and
can be demonstrated to be similar in nature and compatible with the
uses allowed in such district.
~ECTION 2. APPROVAL: The city hereby approves a special use
permit for the Sebastian Inlet Marina and Trading Company to
construct an eighteen hold miniature golf course on approximately
twenty thousand square feet of land as shown on the attached
sketch. The land is located in a General Marine Commercial
District and the subject property address is 1606 North Indian
River Drive, Sebastian, Florida 32958.
SECTION 3. ADDITIONAL CONDITIONS: The applicant must submit
a detailed site plan in accordance with Article X of the Land
Development Code of the City of Sebastian.
SECTION 4. SEVERABILITY: If any section or part of a section
of this Resolution is declared invalid or unconstitutional, the
validity, force and effect of any other section or part of a
section of this Resolution shall not thereby be affected or
impaired unless it clearly appears that such other section or part
of a section of this Resolution is wholly or necessarily dependent
upon the section or part of a section so held to be invalid or
unconstitutional.
2
SECTION 5. CONFLICTS: Ail Resolutions or parts thereof in
conflict herewith are, to the extent of such conflict, superseded
and repealed.
SECTION 6. EFFECTIVE DATE: This Resolution shall take effect
immediately upon its adoption.
The foregoing/~. Resolution
Councilmember ~c~L/44~
by Councilmember ~' ~
was
moved for adoption by
. The motion was seconded
and, upon being put
into a vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
Councilmember Francis J. Oberbeck
The Mayor thereupon declared this Resolution duly passed and
adopted this ~ day of ~.~4~A~ , 1994.
Arthur L. Firtion, Mayor
ATTEST:
Kath~Y~ M. O'Halloran, CMC/AAE
(Seal)
Approved as to Form and Content:
Clifton A. McClelland, ~ ~
City Attorney