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RESOLUTION 2015- 043 ATRUECOPYCERTIFICATIN ON LAST PAW
J. R. SMITH. CLERK
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, t '
FLORIDA, TRANSFERRING THE AUTHORITY,
POWERS AND DUTIES OF THE BOARD OF
ADJUSTMENT TO THE PLANNING AND ZONING
COMMISSION AND DISSOLVING AND SUNSETTING
THE BOARD OF ADJUSTMENT.
WHEREAS, the Board of County Commissioners established the Board of
Adjustment by Ordinance #71-3 on September 8, 1971; and
WHEREAS, the Board of Adjustment has the authority to grant variances from
zoning related setbacks; and
WHEREAS, the ordinance concerning the Board of Adjustment was amended
by Ordinance #73-2, Ordinance #75-1, Ordinance 2001-020, and Ordinance 2011-007,
and
WHEREAS, changes to the County's land development regulations requiring
form board surveys and providing staff with the authority to approve minor setback
encroachments have greatly reduced the workload for the Board of Adjustment; and
WHEREAS, there have been only two requests for variances in the last 10 years
and the Board of Adjustment has not met since October 2009; and
WHEREAS, according to Florida Attorney General Opinion 86-34 a County's
planning and zoning commission is an appropriate body to hear requests for variances;
and
WHEREAS, the Indian River County Planning and Zoning Commission meets
regularly and has the expertise necessary to fairly decide requests for variances;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. Pursuant to Ordinance 2015-00, the authority, powers and duties of the
Board of Adjustment are transferred to the Indian River County Planning and
Zoning Commission.
2 The Indian River County Board of Adjustment is hereby dissolved and sunsetted
3. The Board wishes to express its deepest appreciation to all past and present
Board of Adjustment committee members for their hard work and dedication to
the job assigned to them.
RESOLUTION 2015- 043
The resolution was moved for adoption by Commissioner and the motion
was seconded by Commissioner and, upon being put to a vote, the vote
was as follows:
Chairman Wesley S. Davis A)zp
Vice Chairman Bob Solari Aye
Commissioner Joseph E. Flescher Absent
Commissioner Peter D. O'Bryan Aye
Commissioner Tim Zorc knz
The Chairman thereupon declared the resolution duly passed and adopted this 24th day
of March, 2015
Attest:
Jeffrey R. Smith, Clerk to the
Board and Comptroller
I
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Ikeputy Clerk
Approved for form and legal
sufficiency -
R14 t A- -
William K. ffebra'al
Deputy County Attorney
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Wesley S. Davis, Chairman
STATE Of FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS A TRUE ANO CORRECT
COPY OF THE ORKUNAL ON FILE IN THIS OFFICE.
JEF7EY R. IT k"
BY
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DATE C1 2q AC215