HomeMy WebLinkAbout05-030 BOA
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EDWIN M, FRY, Jr.. CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 2986268 01/0412007 a111:37 AM
OR BOOK 2733 PAGE 458 - 463 Doc Type: RESO
RECORDING: $52.50
BOARD OF ADJUSTMENT
RESOLUTION 05-030
File No.: BA-OS-030
A RESOLUTION DENYING A VARIANCE FOR
CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of Adjustment 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. Cherokee Park, Inc. and the Fellichio family, presented a petition for a Variance
from the Provisions of Section 7,04.01 (A). of the St. Lucie County Land
Development Code, to allow the construction of a high rise condominium, which
will encroach approximately 40 feet into the side setbacks of 64 feet required per
the building spacing formula for the property depicted on the attached maps as
Exhibit "A" and described below,
2. On September 28, 2005, 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 public hearing,
including staff comments and the standards of review for granting variances set
out in Section 10.01.02, St. Lucie County Land Development Code, the Board of
Adjustment has made the following determination:
The requested variance has not met the standards of review as set forth in
Section 10.01.02, Sf. Lucie County Land Development Code and is in conflict
with the goals, objectives, and policies of the St. Lucie County Comprehensive
Plan, because:
1. The variance denied encroaches too much and negatively impacts
adjacent land owners.
2. The variance denied does not meet the general spirit and intent of the Sf.
Lucie County Land Development Code and the St. Lucie County
Comprehensive Plan.
File No,: BA-05-030
Page 1
BA Resolution 05-030
September 28, 2005
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NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie
County, Florida:
A. Cherokee Park, Inc. and the Fellichio family. presented a petition for a Variance
from the Proyisions of Section 7,04.01 (A), of the St. Lucie County Land
Development Code, to allow the construction of a high rise condominium, which
will encroach approximately 40 feet into the side setbacks of 64 feet required per
the building spacing formula for the property depicted on the attached maps as
Exhibit "A" and described as follows:
THE POINT BEGINNING START AT A POINT WHERE A LINE 142.68" SOUTH AND
PARALLEL TO THE SOUTH LINE OF GOVERNMENT LOT 1, SECTION 2, TOWNSHIP 37
SOUTH, RANGE 41 EAST, INTERSECTS THE EASTERLY RIGHT -OF-WAY OF STATE
ROAD A-1-A; THENCE RUN SOUTHERLY ALONG SAID RIGHT-OF-WAY A DISTANCE
OF 181.21'; THENCE BY ANGLE TO THE LEFT OF 77 DEGREES 37 MINUTES 15
SECONDS RUN EASTERLY A DISTANCE OF 484.68' MORE OR LESS TO THE SHORE
LINE OF THE ATLANTIC OCEAN; THENCE RUN NORTHERLY MEANDERING SAID
SHORE LINE A DISTANCE OF 100.00' MORE OR LESS TO THE INTERSECTION OF
THE LINE 142.68' SOUTH AND PARALLEL TO THE SOUTH LINE OF GOVERNMENT
LOT 1 WITH THE SHORE; THENCE RUN WESTERLY ALONG SAID LINE A DISTANCE
OF 505.00' MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 66,541
SQUARE FEET OR 1.53 ACRES, MORE OR LESS. (TAX ID#: 4502-241-0002-000/8)
(Location:
9750 SOUTH OCEAN DRIVE)
B, This variance request has been denied, An appeal from the Board of
Adjustment's action may be processed in accordance with Section 10.01.07, of
the St. Lucie County Land Deyelopment Code.
After rnotion and second, the yote on this resolution was as follows:
Chairman Richard Pancoast
AYE
Vice-Chairman Robert Bangert
NAY
Commissioner Ron Harris
AYE
Commissioner Buddy Emerson
NAY
Commissioner Diane Andrews
AYE
File No,: SA-05-030
Page 2
SA Resolution 05-030
September 28, 2005
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PASSED AND DULY ADOPTED This 28th Day of September 2005,
ATTEST:
BOARD OF ADJUSTMENT
ST, LUCIE COUNTY, FLORIDA
;r/LA'~./fl~~ ~..-?4-
Secretary
RJuaJ! æ¡tl¡l?[dt
Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
')~~,Ip..2r
Asst. County Attorney
hi
G :IBOA 105-030BOAResolution ,doc
File No,: BA-05-030
Page 3
BA Resolution 05-030
September 28, 2005
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Exhibit A
Maps
General Location Map
Area Subject to the Variance
File No,: SA-05-030
Page 4
SA Resolution 05-030
September 28, 2005
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A petition of Benco Development for a Variance from the Provisions of Section
7:04.01 (A) of the St. Lucie County Land Development Code, to allow the construction
of a high rise condominium, which will encroach approximately 40 feet into the side
a f 4 f r ired r il in ci ~ r I.
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A
SA 05-030
Legend
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, Subject property
Map prepared August 30, 2005