HomeMy WebLinkAbout06-23-2010 BOA MinutesBOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
Patricia Powers Case No. 10 -VAR -2
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 June 23, 2010, and based upon the testimony and all of the evidence
presented, the Board of Adjustment enters the following:
FINDINGS OF FACT
1. Patricia Powers, owner of the real property described as Lot 9, Block 560,
Sebastian Highlands Unit 16, with the address of 106 High Court, requested
a variance to allow a newly constructed garage to be 15 feet from the
secondary front yard property line.
2. The Land Development Code of the City of Sebastian requires such
structures to be 25 feet from the front property line. Section 54- 2- 7.5(b)(2).
3. The application for building permit which was approved by the City showed
the proposed garage to be setback 28 feet from the front property line.
However, it was constructed 15 feet from the front property line.
4. The zoning criteria for this accessory structure was reviewed and approved
by the Planning and Zoning Commission on December 3, 2009, in accordance
with Section 54 -2 -7.5 of the Land Development Code of the City of Sebastian.
During the construction process, the various contractors significantly
changed the appearance of the garage from the building elevations approved
by the Planning and Zoning Commission.
5. Public notice of this hearing was published on June 8, 2010, 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.
6. 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, with conditions.
7. Patricia Powers, owner, testified in favor of the variance.
8. 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 from the
front setback have been satisfied. Specifically, these requirements are:
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 was
made to approve the requested variance reducing the front yard setback to 15 feet for the
existing detached garage, subject to the following conditions:
1. Landscape garage perimeter area with 27 shrubs, 24" height
at planting, within 60 days of the granting of this variance
and before the issuance of the Certificate of Completion.
2. No future addition to the garage or any other structure on
the subject property may encroach into the 25 -foot front
yard setback.
3. Add a window or decorative attic vent, on the east and west
elevations (the blank facades) to give some architectural
articulation to the structure.
The motion was made by Board Member Don Wright, and seconded by Chairman Richard
Gillmor, and adopted by the Board by a vote of 5 in favor and 0 against. Therefore, the
requested variance was GRANTED.
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DONE AND ORDERED in Sebastian, Indian River County, Florida, this 23 day of
June, 2010.
ATTEST:
Clerk to e Board of Adjustment
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CITY OF SEBASTIAN
Richard H. Gillmor, Chairman
Board of Adjustment