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HomeMy WebLinkAboutR-12-09RESOLUTION NO. R-12-09 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING A SPECIAL EXCEPTION FOR VEHICULAR SALES AND RELATED SERVICES AS A PERMITTED USE IN THE COMMERCIAL RIVERFRONT DISTRICT AT 1640 U.S. 1; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Richard Peacock has filed an application for approval of a special exception to allow vehicular sales and related services as a permitted use in the Commercial Riverfront zoning district on his property located at 1640 U.S. 1; and WHEREAS, the Planning and Zoning Commission held a public hearing on February 16, 2012 and recommended approval of the special exception, subject to three conditions; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINDINGS. The City Council of the City of Sebastian does hereby find: a. The approval of the application for a special use or special exception will not be detrimental to the public safety, health or welfare, or be injurious to other properties or improvements within the immediate vicinity in which the property is located based on criteria established in the Land Development Code; and b. The use requested is consistent with the purpose and intent of the respective district, and can be demonstrated to be similar in nature and compatible with the uses allowed in such district; and c. The requested use is consistent with the Comprehensive Plan and the Code of Ordinances. Section 2. APPROVAL. The application for a special exception to allow vehicular sales and related services as a permitted use in the Commercial Riverfront zoning district on property located at 1640 U.S. 1 is approved, with the following conditions: a. Vehicular sales shall be limited to the 597 SF outside display area and the interior showroom area as identiiied on the site plan prepared by Schulke, Bittle and Stoddard, L.L.C. dated February 7, 2012. b. The outside display area shall not be expanded without modification to the special exception resolution approved by City Council. c. Off-street parking areas shall be maintained for customer and employee parking and may not be used for outside vehicular display. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 4. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember coy . The motion was seconded by Councilmember Gillmor and, upon being put into a vote, the vote was as follows: Mayor Jim Hill aye Vice Mayor pon Wright aye Councilmember Andrea Coy aye Councilmember Richard Gillmor aye Councilmember Bob McPartlan avP 2 The Mayor thereupon declared this Resolution duly passed and adopted this l lt" day of April, 2012. ATTEST: ` �' � - �.,- ' Sally A. Maio, C City Clerk 3 Approved as to form and legality for reliance by the City of Sebastian only: .-2��L�/ Robert Ginsburg, City Attorn