HomeMy WebLinkAboutCase 13-VAR-2BOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
Kevin and Lois Fay
Case No. 13 -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 April 24, 2013, and based upon the testimony and all of the evidence
presented, the Board of Adjustment enters the following:
FINDINGS OF FACT
1. KEVIN FAY has requested a variance to construct an eight (8) foot fence
along the rear of his property located at 665 Glencove Street, whose legal
description is Lot 12, Block 123, Sebastian Highlands Unit 4.
2. The Land Development Code of the City of Sebastian, Section 54-2 -
7.7(c)(1) limits a residential fence to a maximum of six (6) feet in height.
3. Public notice of this hearing was published on April 9, 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.
5. Mr. Fay 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 from the six
(6) foot height restriction for a residential fence 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 the requested variance. Said motion was made by Vice - Chairman Don
Wright, seconded by Board Member Andrea Coy, and adopted by the Board by a vote of 4
in favor and 0 against. Therefore, the requested variance was GRANTED.
DONE AND ORDERED in the City of Sebastian, Indian River County, Florida, this
24th day of April, 2013.
ATTES
Clerk to the oard of Adjustment
2
CITY OF SEBASTIAN
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Bob McPartlan, Chairman
Board of Adjustment
May 10, 2013
date