HomeMy WebLinkAboutCase # 11-VAR-2BOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
Hala Shalhoub Case No. 11 -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 February 9, 2011, and based upon the testimony and all of the
evidence presented, the Board of Adjustment enters the following:
FINDINGS OF FACT
1. HALA SHALHOUB has requested a variance for property located at 13100
U.S. 1 to allow a portion of a building currently under construction to be 10
feet from the rear property line.
2. The rear setback for the subject structure has previously been established by
a variance as 15 feet.
3. Public notice of this hearing was published on January 25, 2011, 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.
4. 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 the condition that all future buildings or building
additions (if ever proposed) on the subject site must meet a minimum 15 -foot
rear yard setback.
5. An agent for the owner and one additional person spoke in favor of the
variance.
6. No one appeared to testify in opposition to the variance.
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 reducing the
rear setback to 10 feet for the building under construction 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.
Clerk to the t i and of Adjustment
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was
made to approve the requested variance reducing the rear setback to 10 feet for the
building under construction on the property located at 13100 U.S. 1, with the condition that
all future buildings or building additions (if ever proposed) on the subject site must meet a
minimum 15 -foot rear yard setback. Said motion was made by Board Member Andrea
Coy, and seconded by Vice Chairman Don Wright, 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 9 day of
February, 2011.
2
CITY OF SEBASTIAN
Ji ill, Chairman
and of Adjustment
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