HomeMy WebLinkAbout02262003BOACITY OF SEBASTIAN
BOARD OF ADJUSTMENT
REGULAR MEETING
FEBRUARY 26, 2003
CITY COUNCIL CHAMBERS
1225 MAIN STREET
SEBASTIAN, FL 32958
MINUTES
Mayor Barnes called the Regular Meeting to order at 6:31 p.m.
The Pledge of Allegiance was recited.
ROLL CALL: PRESENT:
Mayor Walter Barnes
Joe Barczyk
Vice-Mayor James Hill
Ray Coniglio
EXCUSED ABSENCES:
Edward Majcher, Jr.
ALSO PRESENT:
Jan King, Growth Management Director
Jeanette Williams, Deputy City Clerk
ANNOUNCEMENTS:
None
APPROVAL OF M 1NUTES: Regular Meeting- 1/8/03
MOTION by Barczyk/Hill
"Approve minutes from regular meeting 1/8/2003."
ROLL CALL:
Mr. Hill -aye
Mr. Barczyk -aye
Mr. Coniglio -aye
Mr. Majcher -aye
Mayor Barnes -aye
MOTION CARRIED 5-0
OLD BUSINESS: None
NEW BUSINESS:
Ao
Public Hearing - ONSITE MANAGEMENT, in regards to Lot
145, Collier Club Phase IIA, located at 770 Gossamar Wing
Way, is requesting a variance to allow an accessory structure
to be 3.5 feet from the rear property line, whereas the code
requires this structure to be a minimum of 10 feet from the rear
property line.
The Growth Management Director stated the reasons to grant this variance is to save
numerous oak trees, and since the property abuts a conservation area and staff
recommends approval.
Board of Adjustment Meeting
February 26, 2003
Page Two
The Mayor opened the public hearing but there was no input.
MOTION by Coniglio/Barczyk
"I move for approval of variance of Lot 145, Collier Club Phase IIA, to
allow the accessory structure to be 3.5 feet from the rear property line."
ROLL CALL:
Mr. Barczyk -aye
Mr. Coniglio -aye
Mr. Majcher -absent
Mayor Barnes -aye
Mr. Hill -aye
MOTION CARRIED 4-0
CHAIRMAN'S MATTERS: None
MEMBER'S MATTERS: None
STAFF MATTERS: None
Being no further business, the meeting was adjourned at 6:35 p.m.
Approved at the :t 0 / 2 2 / 0 3 Board of Adjustment meeting.
Walter W. Barnes
Mayor
P!~epared By:
[ ]eanette Williams
~4)eputy City Clerk
BOARD OF ADJUSTMENT
CITY OF SEBASTIAN, FLORIDA
IN RE VARIANCE APPLICATION OF:
Onsite Management for property at
Lot 145, Collier Club Phase IIA,
Commonly called 770 Gossamer Way
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
THIS CAUSE came on for public hearing before the CITY COUNCIL sitting as
the BOARD OF ADJUSTMENT of the CITY OF SEBASTIAN, on February 26, 2003,
after due notice and based on the evidence, the BOARD OF ADJUSTMENT enters the
following:
FINDINGS OF FACT
1. Public notice of this hearing was duly published in the Press Journal, a
newspaper of general circulation.
2. A copy of the published notice was mailed to all property owners within three
hundred (300) feet of the property involved in the application, as shown in the records
of the property appraiser of Indian River County.
3. Further development of the subject property at the now required setbacks
would conflict with the established public policy of protecting specimen trees within the
City.
THEREFORE, based on a careful consideration of the evidence presented in this
matter, the BOARD OF ADJUSTMENT makes these
CONCLUSIONS OF LAW
That special conditions or circumstances that were not created by applicant
exist, creating a hardship in the use of the subject property and, further, the grant of
this variance will not be confer special privileges, is not injurious to public welfare or the
intent of existing ordinances, and is the minimum variance required to rectify the
hardships.
ACCORDINGLY, the Board enters this
ORDER
That the application is APPROVED, and a variance is granted for Lot 145,
Collier Club Phase IIA reducing the required rear yard setback from 10 feet to 3.5 feet.
DONE AND ORDERED in Sebastian, Indian River County, Florida this 16th day
of February, 2003.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Sally A. M~3~'o: (~MC
City Cler~'
Mayor Walter Barnes, as Chairman
BOARD OF ADJUSTMENT