HomeMy WebLinkAboutCase 12-VAR-02BOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
Lorraine Dacey
Case No. 12-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 March 28, 2012, and based upon the testimony and all of the evidence
presented, the Board of Adjustment enters the following:
FINDINGS OF FACT
1. LORRAINE DACEY, in regards to Lot 20, Block 232, Sebastian Highlands
Unit 6 located at 874 Carnation Drive, has requested a variance to allow an
existing screened porch and pool area to be 7.7 feet from the rear property
line, whereas the code requires such structures to be 10 feet from the rear
property line.
2. Public notice of this hearing was published on March 13, 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.
4. One person spoke in favor of the variance. No one spoke against 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 to allow the screened porch and pool area to be 7.7 feet from the rear
property line 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.
1' 1 '
Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was
made to approve a variance for Lot 20, Block 232, Sebastian Highlands Unit 6 allowing the
screened porch and pool area to be 7.7 feet from the rear property line.
Said motion was made by Vice Chairman Don Wright, and seconded by Board Member
Richard Gillmor, 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 28th day
of March, 2012.
ATTEST:
(% `� 1` , I `.
Clerk to th oard of Adjustment
2
CITY OF SEBASTIAN
' n Hill, Chairman
Board of Adjustment
March 29, 2012
date