HomeMy WebLinkAboutCase 14-VAR-2 Cumberland Farms, Inc.BOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
Cumberland Farms, Inc.
Case No. 14 -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 9, 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 957 Sebastian Boulevard, consists of .92
acres, and is identified as Indian River County Parcel 31-38-13-00002-
1850- 00017.0 (hereinafter identified as Subject Property).
2. Craig Carden of Core States Group, as representative for Cumberland
Farms, Inc. has requested a non -use variance from Section 54-2 -
5.3.1(d)(5) of the Sebastian Land Development Code to allow a fuel
canopy to be 38.5 feet from the front property line, whereas the code
requires such structure to be 74 feet from the front property line.
3. Public notice of this hearing was published on March 25, 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
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. Bruce Barkett, Esq., representative for Cumberland Farms, Inc.,
explained the overall project, the requested variance, and the justification
therefore.
6. No member of the public testified in favor of the application.
7. No member of the public spoke in opposition to the application.
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
variance has 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 from Section 54- 2- 5.3(d)(5) of the Sebastian Land
Development Code to allow a fuel canopy to be 38.5 feet from the front property line. 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 variance was GRANTED.
DONE AND ORDERED in the City of Sebastian, Indian River County, Florida, this
9th day of April, 2014.
ATTEST:
Clerk to t Board of Adjustment
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CITY OF SEBASTIAN
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Bob McPartlan, Chairman
Board of Adjustment
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