HomeMy WebLinkAboutCase 13-VAR-5BOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
Sebastian Inlet Marina &'Trading Co.
Case No. 13 -VAR -5
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 December 2, 2013. Based upon the testimony and all of the evidence
presented, the Board of Adjustment enters the following:
FINDINGS OF FACT
1. The subject property is located at 1615 Indian River Drive, consists of .28
acres and is identified as Indian River County Parcels 30-38-30-00004-
0000- 00001.0, 30- 38- 30- 00004 -0000- 00002.0, and 30-38-30- 00004 -0000-
00003.0 (hereinafter identified as Subject Property). This property was
purchased by Sebastian Inlet Marina & Trading Co. in 2007.
2. Sebastian Inlet Marina & Trading Co. has requested the following
variances for the Subject Property:
a. Variance from Section 54- 2- 5.5(d)(6) — Reduction of side
yard setback from 5 feet to 2.5 feet.
b. Variance from Section 54- 2- 5.5(d)(6) — Reduction of front yard
setback from 10 feet to 5 feet.
c. Variance from Section 54- 3- 14.11(b) — Reduction of the
perimeter landscape strip along the north property line from 10
feet to 2.5 feet.
d. Variance from Section 54- 3- 14.11(b) — Elimination of the
perimeter hedge requirement along the north property line.
e. Variance from Section 54- 3- 10.6(a)(5) — Reduction of the drive
aisle width from 25 feet to 21 feet.
f. Variance from Section 54- 3- 10.6(a)(5) — Reduction of the parking
stall length of standard and handicapped spaces from 20 feet to
19 feet.
3. Public notice of this hearing was published on November 5, 2013, in the
Press Journal, a newspaper of general circulation in the City of
Sebastian. Notice of the hearing was also mailed to property owners
within three hundred (300) feet of the Subject Property, as shown in the
records of the Property Appraiser of Indian River County, and in
accordance with the requirements of Section 54 -1 -2.8 of the Sebastian
Land Development Code. Notification to the adjacent time share
property was provided to their condominium association.
4. At the November 20, 2013 Board of Adjustment meeting, the public
hearing was deferred to the December 2, 2013 Board of Adjustment
meeting. Courtesy notices were again sent to property owners within
three hundred (300) feet of the Subject Property.
5. The Community Development Department of the City of Sebastian
prepared a staff report and analysis of the application and identified the
criteria for determining variances, Section 54- 1 -2.5, Sebastian Land
Development Code.
6. Tom Collins, owner and representative of Sebastian Inlet Marina &
Trading Co., explained the overall project, the requested variances, and
the justification thereof.
7. No member of the public testified in favor of the application.
8. Four people spoke in opposition to the variances. Ruth Sullivan
expressed concerns about open space, wildlife and potential impact on the
Indian River Lagoon. Sal Neglia was concerned about overdevelopment
and asked the Board to watch out for the people of Sebastian. Bill
Simmons stated his concerns about upholding the codes and overlay
district standards. Joann White asked about employee parking and
stated her concern about site congestion and parking issues.
9. The Chairman called for any other persons who wished to speak for or
against the application, and no one responded.
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 the requested variances
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.
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Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was
made to approve the application in its entirety, including all six of the requested variances.
Said motion was made by Board Member Jim Hill, seconded by Board Member Andrea
Coy, and adopted by the Board by a vote of 4 in favor and 1 against. Therefore, the
requested variances were GRANTED.
DONE AND ORDERED in the City of Sebastian, Indian River County, Florida, this
2 °d day of December, 2013.
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Clerk to the Vard of Adjustment
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CITY OF SEBASTIAN
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Bob McPartlan, Chairman
Board of Adjustment
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