HomeMy WebLinkAboutCase 13-VAR-1BOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
Seacoast National Bank
Case No. 13 -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 13, 2013, and based upon the testimony and all of the
evidence presented, the Board of Adjustment enters the following:
FINDINGS OF FACT
1. SEACOAST NATIONAL BANK has requested a variance for property
located at 13070 U.S. 1, whose legal description is Lot 21, lying east of
U.S. Highway No. 1 of Wauregan Subdivision, to allow a bank with drive -
through facility to be 44 feet from a residential district.
2. The Sebastian Land Development Code Section 54- 2- 6.4(6)b4 requires
such use to be 100 feet from a residential district.
3. Public notice of this hearing was published on January 29, 2013, 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 Community Development 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 conditions as stated in
their staff report.
5. An agent for the owner 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
setback for a bank with drive - through facility from a residential district to 44 feet 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.
Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was
made to approve the requested variance reducing the setback for a bank with drive -
through facility from a residential district to 44 feet on property located at 13070 U.S. 1,
with the following conditions:
1. Project development must provide a landscape buffer meeting
both City of Sebastian Type A buffer standards, as well as
Indian River County Type B buffer standards, along the entire
eastern property line.
2. Hours of operation for the manned drive- through facility shall
be limited to weekdays 8:00 a.m. to 6:00 p.m. and Saturdays 8:00
a.m. to 4:00 p.m. No Sunday hours permitted.
3. Variance granted shall only apply to a bank or financial
institution.
Said motion was made by Vice - Chairman Don Wright, 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 13`' day of
February, 2013.
CITY OF SEBASTIAN
Bob McPartlan, Chairman
Board of Adjustment
Feb. 13, 2013
date
ATTEST:
Clerk to t Board of Adjustment