HomeMy WebLinkAboutCase # 11-VAR-3BOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
Michael Tomasetti Case No. 11 -VAR -3
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 March 9, 2011, and based upon the testimony and all of the evidence
presented, the Board of Adjustment enters the following:
FINDINGS OF FACT
1. MICHAEL TOMASETTI has requested a variance to construct an eight (8)
foot fence along the sides and rear of his property described as Lot 8, Block
49, Sebastian Highlands Unit 2, at 746 Wentworth Street.
2. The Land Development Code of the City of Sebastian limits a residential
fence to a maximum six (6) feet in height.
3. Public notice of this hearing was published on February 22, 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 the fence not extend into the front
yard.
5. No one appeared to testify 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 from the six
(6) foot height restriction for a residential fence have been satisfied. Specifically, these
requirements are:
Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was
made to approve the requested variance to allow an eight (8) foot fence along the sides and
rear of the property at 746 Wentworth Street, not to extend into the front yard. Said
motion was made by Board Member Richard Gillmor and seconded by Board Member
Andrea Coy, 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 th day of
March 9, 2011.
ATTEST:
Clerk to the
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.
oard of A s justment
ORDER
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CITY OF SEBASTIAN
Hill, Chairman
oard of Adjustment
dat