HomeMy WebLinkAboutCase 14-VAR-3 Bruce RothBOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
Bruce E. Roth, Patricia C. Eddlemon, Kenneth M. Roth, owners Case No. 14 -VAR -3
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 May 28, 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 402 Ash Street and consists of .25 acres.
The legal description is Lot 10, Block 35, Sebastian Highlands Unit One
and is identified as Indian River County Parcel 31-38-01- 00002 -0350-
00010.0 (hereinafter identified as Subject Property).
2. Dan Fast, as representative for the owners, has requested a non -use
variance from Section 54- 2- 5.2.3(d)(5) of the Sebastian Land
Development Code to allow a portion of an existing house and carport to
be 5.6 feet from the side property line, whereas the code requires a 10-
foot side yard setback.
3. Public notice of this hearing was published on May 13, 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. Dan Fast explained the variance request.
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- 5.2.3(d)(5) of the Sebastian
Land Development Code to allow the existing portion of the house and carport to be 5.6
feet from the side 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
28"' day of May, 2014.
ATTEST:
Clerk to the oard of Adjustment
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CITY OF SEBASTIAN
Bob McPartlan, Chairman
Board of Adjustment
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