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RESOLUTION NO. 06-223
FILE NO. acc 06-008
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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
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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
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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
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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)
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BCC 06-008
Legend
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Map prepared August 4, 2006
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