HomeMy WebLinkAbout10-28-2009 BOA Minutes2. The Pledge of Allegiance was recited.
3. ROLL CALL
Board Members Present:
Mayor Richard H. Gillmor
Vice -Mayor Jim Hill
Council Member Andrea Coy
Council Member Eugene Wolff
Council Member Dale Simchick
CRY OF
HOME OF PELICAN ISLAND
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
WEDNESDAY, OCTOBER 28, 2009 6:00 P.M.
1. Mayor Gillmor called the meeting to order at 6:00 p.m.
Staff Present:
City Manager, Al Minner
City Attorney, Robert Ginsburg
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Growth Management Director, Rebecca Grohall
Growth Management Manager, Jan King
Police Chief, Michelle Morris
Senior MIS Systems Analyst, Barbara Brooke -Reese
4. ANNOUNCEMENTS none
5. OLD BUSINESS none
6. NEW BUSINESS:
A. QUASI- JUDICIAL PUBLIC HEARING:
RUSSELL AND KIMBERLY SALMON, IN REGARDS TO LOT 4 AND A PORTION OF
LOT 3, BLOCK 39, SEBASTIAN HIGHLANDS UNIT 1 LOCATED AT 485 EASY
STREET, ARE REQUESTING A VARIANCE TO ALLOW AN EXISTING RESIDENTIAL
STRUCTURE TO BE 9 FEET FROM THE SIDE PROPERTY LINE, AND 24.3 FEET
FROM THE FRONT PROPERTY LINE, WHEREAS THE CODE REQUIRES A 10-
FOOT SIDE YARD SETBACK AND A 25 -FOOT FRONT YARD SETBACK.
The City Attorney read the request title and Mayor Gillmor opened the public hearing
at 6:01 p.m.
The City Clerk swore in those who intended to offer testimony.
Approved at t
Board of Adjustment Meeting
October 28, 2009
Page Two
Mrs. Salmon requested the variance as stated in the staff report, noting she is
currently selling the house and wasn't aware of the issue until she had an interested
buyer.
The Growth Management Manager said the house was built 31 years ago with the
encroachment and in an effort to clean up, staff decided to take care of the variance.
She said staff recommends approval.
MOTION by Mr. Wolff and SECOND by Ms. Simchick to approve the variance passed
with a voice vote of 5 -0.
8. CHAIRMAN'S MATTERS none
9. MEMBERS' MATTERS none
10. STAFF MATTERS none
11. Being no further business, Mayor Gillmor adjourned the meeting at 6:04 p.m.
e May 12, 2010
Ri
ATTES
Gillmor, Mayor
Sally A. Maio, M C City Jerk
Board of Adjustment meeting.
2
BOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
Russell and Kimberly Salmon Case No. 09 -VAR -6
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
THIS CAUSE came on for public hearing before the Board of Adjustment of the
City of Sebastian on October 28, 2009, and based upon the testimony and all of the
evidence presented, the Board of Adjustment enters the following:
FINDINGS OF FACT
1. Russell and Kimberly Salmon, owners of the real property described as Lot 4
and a portion of Lot 3, Block 39, Sebastian Highlands Unit 1, with the
address of 485 Easy Street, requested a variance to allow a residential
structure to be 9 feet from the side property line and 24.3 feet from the front
property line.
2. The Land Development Code of the City of Sebastian requires such
structures to be 10 feet from the side property line and 25 feet from the front
property line. Section 54- 2- 5.2.3(d)(5).
3. The subject property is improved with a single family home originally
constructed in its present location on the lot in 1978.
4. Public notice of this hearing was published on October 13, 2009, in the Press
Journal, a newspaper of general circulation in the City of Sebastian. Notice
of this hearing was also mailed to all property owners within three hundred
(300) feet of the subject property, as shown in the records of the Property
Appraiser of Indian River County, in accordance with the requirements of
the Land Development Code.
5. The Growth Management Department of the City of Sebastian identified the
criteria for determining variances, Section 54- 1 -2.5, Land Development
Code. The Department found that each criterion was satisfied in the present
application and recommended that the Board of Adjustment grant the
requested variance.
6. Kimberly Salmon, owner, testified in favor of the variance.
7. No one appeared to testify in opposition.
CONCLUSIONS OF LAW
Based upon a careful consideration of the evidence presented, and the applicable
provisions of the Land Development Code of the City of Sebastian, the Board of
Adjustment hereby determines that the requirements for granting a variance to the side
and front property setbacks in this instance have been satisfied. Specifically, these
requirements are:
ATTEST:
1. The existence of special conditions or circumstances;
2. The conditions were not created by the applicant;
3. Special privileges are not being conferred;
4. Hardship conditions exist;
5. Only the minimum variance is being granted;
6. There is no injury to the public welfare or to the intent of the ordinance; and
7. This is not a use variance.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, a motion to
approve the requested variance was made by Board Member Eugene Wolff, and seconded
by Board Member Dale Simchick, and adopted by the Board by a vote of 5 in favor and 0
against. Therefore, the requested variance was GRANTED.
DONE AND ORDERED in Sebastian, Indian River County, Florida, this 28 day of
October, 2009.
CLERK T 1 HE BOARD OF ADJUSTMENT
2
CITY OF SEBASTIAN