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HomeMy WebLinkAboutR-96-74RESOLUTION NO. R-96-74 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLORIDA, FINDING THAT THE USE IS NOT DETRiMENTIAL TO THE PUBLIC SAFETY, HEALTH AND WELFARE AND IS CONSISTENT WITH THE PURPOSE AND INTENT OF THE GENERAL MARiNE COMMERCIAL ZONING DISTRICT; GRANTING A SPECIAL USE PERMIT TO RiCHARD FEY FOR AN RESIDENCE; PROVIDING CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS; CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Richard Fey has applied for a special use permit to construct a residence in the general marine commercial zoning district; and WHEREAS, the Planning and Zoning Commission of the City of Sebastian has considered this application and has found that the requested special use permit is not detrimental to the public safety, health or welfare nor is it injurious to other properties or improvements within the immediate vicinity and that the proposed use is consistent with the purpose and intent of the general marine commercial zoning district and the use is similar with the uses allowed in such a district; and WHEREAS, the Planning and Zoning Commission of the City of Sebastian has recommended approval of the requested special use permit with conditions, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RiVER COUNTY, FLOIRDA, as follows: SECTION 1. FINDINGS OF FACTS: The City Council of the City of Sebastian, a~er considering the evidence presented at the hearing, finds as follows: The requested residence at 806 Indian River Drive (Channel 68 Marina, Tiki Bar) is not detrimental to the public safety, health or welfare or injurious to other properties or improvements within the immediate vicinity; and, The proposed use is consistent with the purpose and intent of the airport general marine commercial district and the use similar in nature and compatible with uses allowed in such a district. SECTION 2. APPROVAL: The City of Sebastian hereby approves a special use permit for Richard Fey to construct a residence located at 806 Indian River Drive, Sebastian Florida 32958. SECTION3. ADDITIONAL CONDITIONS: The applicant, in order to conduct a special use on the property described in this Resolution, must comply with conditions as follows: The existing site plan shall be modified and approved by the Planning and Zoning Commission of the City of Sebastian showing the residence and the required two parking places and carport or garage. If a carport is used, a minimum sixty square foot storage area shall be included. 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· SECTION 5. CONFLICTS: All Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION6. EFFECTIVE DATE: immediately upon is adoption. This Resolution shall take effect ....foregoing Resolution was moved for adoption by Councilmember · The motion was seconded by Councilmember /~-&c~.6~ and, upon being put into a vote, the vote was as follows: day of Mayor Louise R. Cartwright Vice-Mayor Waker Barnes Councilmember Norma J. Damp Councilmember Raymond Halloran Councilmember Richard Taracka The Mayo[ thereupon declared this Op~J~A_ , 1996 Resolution duly passed and adopted this City of Sebastian, Florida Kathryn M(. 0 Halloran.~CM(~7~ (Seal) Approved as to Form and Content: ~al-erie settles City Attorney Lodise R. Cartwright, Mayor