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HomeMy WebLinkAbout06-223 Ct1>'~ 1'0. G m ì) , j PuJD · ~ c.,(Y\ FIN fnØ RESOLUTION NO. 06-223 FILE NO. acc 06-008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 A RESOLUTION GRANTING A VARIANCE FROM SECTION 6.02.02(B)(2)(A)(2), ST. LUCIE COUNTY LAND DEVELOPMENT CODE - ST. LUCIE RIVER SHORELINE SETBACKS AND A WAIVER FROM SECTION 8.00.05(A), FENCING REQUIREMENTS FOR JOSEPH D. L YNG WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Joseph D. Lynq, presented a petition for a variance from the provisions of Section 6.02.02(B)(2)(a), St. Lucie County Land Development Code and a waiver from the provisions of Section 8.00.05(A), fencing requirements, for property located at 3301 Eventide Place, along the North Fork of the St. Lucie River for the property depicted on the attached maps as Exhibit "A" and described below. 2. On September 19, 2006, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 3. After consideration of the testimony presented during the September 19, 2006, public hearing, including staff comments and the standards of review for granting variances set out in Section 10.01.30, St. Lucie County Land Development Code, the Board of County Commissioners has made the following determination: 1. The requested variance, subject to the conditions in Section A below meets the standards of review as set forth in Section 10.01.30 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 2. The variance and waiver granted will not impair other property or improvements in the neighborhood. 3. The variance and waiver granted are the minimum needed to allow the continued use of the fence and meet the requirements for fencing around pools. 4. The variance and waiver granted meet the general spirit and intent of the St. Lucie County Land Development Code and the St. Lucie File No.: BCC-06-008 September 19, 2006 ;~~~Nl~c';;¿~~'N~~ERK OF THE CIRCUIT COURT FILE # 293554509/27/2006 at 04'06 PM OR BOOK 2666 PAGE 684 68 . RECORDING: $44.00 - 8 Doc Type: RESO Resolution No. 06-223 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 County Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida: A. The petition for a Variance from the Provisions of Section 6.02.02(B)(2)(a), S1. Lucie County Land Development Code, S1. Lucie River setback standards and a waiver from the provisions of Section 8.00.05(A), submitted by Joseph D. Lyng is granted for the property described below, subject to the following conditions: 1. In the event that the fence along the north or south property lines are removed, the owner of the subject property shall be required to provide a fence around the swimming pool meeting the requirements of Section 8.00.05. 2. Extensions shall be added to the fences along the north and south property lines to prevent ready access to the property around the ends of these fences. B. The property on which this variance and waiver are granted is described as follows: ALL OF LOT 1, TOGETHER WITH THAT PORTION OF LOT 2, EVENTIDE UNIT ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGES 11-11A, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 1, THENCE S 25 DEGREES 08' 04" W, ALONG THE EASTERLY LINE OF LOT 1, A DISTANCE OF 165.86 FEET; THENCE N 32 DEGREES 08' 50" E, A DISTANCE OF 162.09 FEET TO A POINT ON A CURVEY CONCAVE TO THE NORTHEAST TO WHICH A RADIAL LINE BEARS N 33 DEGREES 25' 16" e; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 11 DEGREES 42' 46", A DISTANCE OF 20.44 FEET TO THE POINT OF BEGINNING. CONTAINING 0.78 ACRE MORE OR LESS. Property Tax ID#: 4424-807-0003-000/2 (Location: 3301 Eventide Place) C. This variance will allow for a fence within 0 feet of the Mean High Water line of the S1. Lucie River and a waiver from the 4 foot fencing requirements around pools. D. The variance shall not be valid for a period longer than twelve months from the date of this Resolution - September 19, 2006 - unless a building permit is issued or an extension is granted in accordance with Section 10.01.06, S1. Lucie County Land Development Code. File No.: BCC-06-008 September 19, 2006 Resolution No. 06-223 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 After motion and second, the vote on this resolution was as follows: Chairman Doug Coward AYE Vice-Chairman Chris Craft AYE Commissioner Frannie Hutchinson AYE Commissioner Paula A. Lewis AYE Commissioner Joseph Smith AYE PASSED AND DULY ADOPTED This 19th Day of September, 2006. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ATTEST: lap H:\WORD\SHORELlNE PROTECTION/3301 Eventide Place/Lyng RES.doc File No.: BCC-06-008 September 19, 2006 Resolution No. 06-223 Page 3 - <0 0) co ~¡ 0 0 c: 0 UJ N >. 0 z.~ -.0:" -..l I ] ~ û5 <C " " :::J ~ I OJ 0 0 :::J :s « 0 "0 c: ~ f ~ ..c 0 co Q. 0 ~ ~ ( ) CO ~ B. J ~! Q. co ~ £ >, 1: >, :::J 0 1: u :::J C 0 u 'e õ:; '" > ::!; tr c '" ~ 15 £ ~ leue:) vz-:) ö '" Á¡un08 aaqo~:)aa~o - - A petitìon of John D. Lyng for a Variance from the Provisions of Section 6.02.02(B)(2)(A), St. Lucie County Land Development Code which will allow for a fence within 0 feet of the Mean High Water line of the St. Lucie River Shoreline Setbacks and a Waiver from the 4 foot fencing requirements around a swimming pool of Section 8.00.05(A) 22 20 19 46 13 21 36 0 z 45 ::ï 22A 21A --1 00 14 w (/) 7A Õ w 17 ::J 0 ------ ----- --1 37 37A 44 <t: I I- --1 15 I (/) <.9 I 77 !r 8 w \ 16 > \ 38 w \ \ \ 6 40 41 42 \ \ \ I \ \ \ \ 15 14 13 2 \ \ BL \ 12 \ \ \ 16 \ \ \ \ \ \ 15 \ \ \ , , 10 I I - - - - - - - - - - - -.... \ ..- \ .... -- ~ .... \ I I 9 6 5 4 3 I I ÛI;-. I I 0 (& I !r 4 I W o~ I > 0 '?/~ u (/) z ~~ ::::; 3 --1 2 0 u BCC 06-008 Legend ~ Subject property x- ~~ ¿:;,~~-'-' (7rO-WI"Æ .;ttanqgetnenr Ð9artment Map prepared August 4, 2006 - BRITT- RD 6 2 N Â