HomeMy WebLinkAboutCase 14-VAR-1 Michael KinzleyBOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
Michael Kinzley, owner
Case No. 14 -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 26, 2014. 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 13085 U.S. 1, consists of 3 acres and is
identified as Indian River County Parcel 30- 38 -21- 00001 - 0000 - 00020.1
(hereinafter identified as Subject Property).
2. Todd Howder of MBV Engineering, as representative for the owner,
Michael Kinzley, has requested the following non -use variances for the
Subject Property:
a. Variance from Section 54- 2- 5.4(d)(5) — A reduction of the
rear yard setback along the west property line from 30 feet
to 20 feet.
b. Variance from Section 54 -3 -15.2 — A reduction of the required
parking for an assisted living facility from 52 spaces to 44 spaces.
3. Public notice of this hearing was published on February 11, 2014, 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. Notice of hearing was also mailed to all
residents of Shady Rest Mobile Home Park.
4. 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.
5. Todd Howder, project manager for MBV Engineering, Inc. and
representative for the owner, explained the overall project, the requested
variances, and the justifications therefore.
6. No member of the public testified in favor of the application.
7. Claire Ranahan, a resident of Shady Rest Mobile Home Park, asked for
additional information. She stated she was not opposed to the project.
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 non -use
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.
Based upon the foregoing Findings of Fact and Conclusions of Law, a motion was
made to approve the requested variances with conditions as follows:
1. Approve variance from Section 54- 2- 5.4(d)(5), reducing the
required 30 -foot rear yard setback along the west property line
to 20 feet, conditional upon the installation of a Type A buffer
along said property line, enhanced with 16 -foot canopy trees
planted at 25 -foot intervals.
2. Approve variance from Section 54 -3 -15.2, reducing the
required parking from 52 spaces to 44 spaces.
The motion was made by Board Member Richard Gillmor, seconded by Board Member
Andrea Coy, and adopted by the Board by a vote of 5 in favor and 0 against. Therefore,
the requested variances were GRANTED, with the above conditions.
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DONE AND ORDERED in the City of Sebastian, Indian River County, Florida, this
26th day of February, 2014.
CITY OF SEBASTIAN
Bob McPartlan, Chairman
Board of Adjustment
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ATTEST:
Clerk to the 136ard of Adjustment
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