HomeMy WebLinkAboutCase 14-VAR-4 Sandcrest, LLCBOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
SandCrest, LLC, owner
Case No. 14 -VAR -4
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
THIS CAUSE carne on for public hearing before the Board of Adjustment of the
City of Sebastian on September 10, 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 southwest of the intersection of Main
Street and Powerline Road, Parcels 30- 38-30- 00003 -0000- 00000.4 and 31-
38-01- 00000 - 7000 - 00001.0, and consists of 12.77 acres (hereinafter
identified as Subject property).
2. Chuck Mechling, representative for SandCrest, LLC, has requested a
non -use variance from Section 54- 2- 5.11(c) of the Sebastian Land
Development Code to allow a Residential Planned Unit Development
(PUD -R) to be 12.77 acres, whereas the code requires a PUD -R to be a
minimum of 25 acres.
3. Public notice of this hearing was published on August 26, 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. Chuck Mechling presented the variance request to the Board of
Adjustment. Additional information was provided by Frank Watanabe,
Community Development Director, and Jan King, Senior Planner.
6. No member of the public testified in favor of the application.
7. One member of the public spoke in opposition to the application. Also,
two letters of objection were read into the record.
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 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 variance from Section 54- 2- 5.11(c) of the Sebastian Land
Development Code to allow a PUD -R to be 12.77 acres for the Subject property. The
motion was made by Board Member Richard Gillmor, seconded by Board Member Andrea
Coy, and adopted by the Board by a vote of 4 in favor and 1 against. Therefore, the
requested variance was GRANTED.
DONE AND ORDERED in the City of Sebastian, Indian River County, Florida, this
10th day of September, 2014.
ATTEST:
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Clerk to t Board of Adjustment
4
CITY OF SEBASTIAN
Bob McPartlan, Chairman
Board of Adjustment
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