HomeMy WebLinkAboutCase 12-VAR-01BOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
Michael Kinzley
Case No. 12-VAR-1
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 22, 2012, and based upon the testimony and all of the
evidence presented, the Board of Adjustment enters the following:
FINDINGS OF FACT
1. MICHAEL KINZLEY has requested a variance for Parcel No. 30-38-21-
00001-0000-00020.0 located west of U.S. 1, north of the St. Sebastian Catholic
Church and both south and east of the Shady Rest Mobile Home Park to
allow this property to be cleared prior to site plan application.
2. Public notice of this hearing was published on February 7, 2012, 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.
3. 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 conditions as follows: (1) preserve a 20-foot
natural buffer along the north and south property lines; (2) preserve a 30-
foot natural buffer along the west property line; (3) preserve all oak trees;
and (4) hydroseed all disturbed areas of the site following the land clearing
activity.
4. There was no public input for or against the variance request.
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 allow this property to be cleared prior to site plan application 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.
I:1 :
Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was
made to approve a variance for Parcel No. 30-38-21-00001-0000-00020.0 to allow the
property to be cleared prior to site plan application, with the following conditions:
1. Preserve a 20-foot natural buffer along the north and south property lines.
2. Preserve a 30-foot natural buffer along the west property line.
3. Preserve all oak trees.
4. Hydroseed all disturbed areas of the site following the land clearing activity.
5. Property must be maintained.
6. Remove all invasive species from the buffer areas.
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 22°d day of
February, 2012.
ATTEST:
c�--'
Cler to the rd f djustment
2
CITY OF SEBASTIAN
Ji ill, Chairman
ard of Adjustment
.�/.�/z
date