HomeMy WebLinkAboutCase 14-VAR-5 Plaza of CottagesBOARD OF ADJUSTMENT
City of Sebastian, Florida
Application for Variance:
Plaza of Cottages, LLC
Highpoint Commercial Center, LLC
Case No. 14 -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 October 8, 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 9707 U.S. 1, includes Parcels 31-39-20-
00000-1000-00018.0, 31-39-20-00000-1000-00018.1, 31-39-20-00000-7000-
00003.0, and 31-39-20-00000-7000-00001.0, and consists of 7.4 acres
(hereinafter identified as Subject property).
2. Plaza of Cottages, LLC and Highpoint Commercial Center, LLC, has
requested a non-use variance from Section 54-3-15.4(a)(2) of the
Sebastian Land Development Code to allow a portion of the parking for a
multifamily residential use to be 500 feet from the door of the building,
whereas the code requires parking to be within 150 feet of the unit for
which the spaces are intended.
3. Public notice of this hearing was published on September 23, 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. Geoff Barkett, of Schulke, Bittle & Stoddard, LLC, presented the
variance request to the Board of Adjustment. Additional information
was provided by Jan King, Senior Planner.
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 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 54-3-15.4(a)(2) of the Sebastian Land
Development Code to allow a portion of the parking for a multifamily residential use to be
500 feet from the door of the building, for the Subject property. The motion was made by
Board Member Gillmor, seconded by Board Member 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
8tb day of October, 2014.
I1
of Adjustment
CITY OF SEBASTIAN
Bob McPartlan, Chairman
Board of Adjustment
October 8, 2014
date