HomeMy WebLinkAbout04-016 BOA
EDWIN M. FRY, Jr., CLERK "HE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 257284703/07/2005 al 03:54 PM
OR BOOK 2179 PAGE 1106-1112 DocType:RESO
RECORDING: $61.00
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BOARD OF ADJUSTMENT
RESOLUTION 04-016
File No.: BA-04-016
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. Ronald Kirila throuqh Aqent Michael McSorlev, presented a petition for a
Variance from the Provisions of Section 7.10.16, of the St. Lucie County
Land Development Code to permit the continued use of a deck which
exceeds the maximum size allowed in Recreational Vehicle Parks for the
property depicted on the attached maps as Exhibit "A" and described below.
2. On November 22,2004, 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 Sf. Lucie County
Comprehensive Plan, because:
1.
The variance requested arises from a condition that is not unique and
peculiar to the land, structures and buildings involved. The shoreline
of the subject property is similar in topographical condition to the
shoreline of the adjoining properties.
2.
The variance requested does not result from an unnecessary
hardship for the owner, but instead represents a mere inconvenience
resulting from the owner's desire to maintain a deck which was built in
violation of Section 13.00.01.A of the St. Lucie County Land
File No.: SA-04-016
Page 1
SA Resolution 04-016
November 22,2004
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Development Code, as previously determined by the St. Lucie County
Code Enforcement Board on June 2, 2004.
3. The granting of the requested variance would impair or otherwise
injure other property or improvements in the neighborhood in which
the subject property is located.
4. The requested variance does not meet the general spirit and intent of
the St. Lucie Land Development Code and the St. Lucie County
Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie
County, Florida:
Ronald Kirila throuqh AQent Michael McSorlev, presented a petition for a
Variance from the Provisions of Section 7.10.16, of the St. Lucie County
Land Development Code to permit the continued use of a deck which
exceeds the maximum size allowed in Recreational Vehicle Parks for the
property depicted on the attached maps as Exhibit "An and described as
follows:
NETTLES ISLAND INC, A CONDOMINIUM·SECTION II, PARCEL 401 N AND PRO-RATA
SHARE IN COMMON ELEMENTS. (Tax ID#: 4502-501-0587-00019)
(Location:
401 Nettles Boulevard, lying landward of the seawall)
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 Development Code.
After motion and second, the vote on this resolution was as follows:
Chairman Richard Pancoast
AYE
Vice-Chairman Robert Bangert
AYE
Commissioner Ron Harris
AYE
Commissioner Stix Nickson
AYE
Commissioner Buddy Emerson
NAY
File No.: SA-04-016
Page 2
SA Resolution 04-016
November 22, 2004
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Development Code, as previously determined by the St. Lucie County
Code Enforcement Board on June 2, 2004.
3. The granting of the requested variance would impair or otherwise
injure other property or improvements in the neighborhood in which
the subject property is located.
4. The requested variance does not meet the general spirit and intent of
the St. Lucie Land Development Code and the St. Lucie County
Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie
County, Florida:
Ronald Kirila throuQh AQent Michael McSorlev, presented a petition for a
Variance from the Provisions of Section 7.10.16, of the St. Lucie County
Land Development Code to permit the continued use of a deck which
exceeds the maximum size allowed in Recreational Vehicle Parks for the
property depicted on the attached maps as Exhibit "A" and described as
follows:
NETTLES ISLAND INC, A CONDOMINIUM-SECTION II, PARCEL 401 N AND PRO-RATA
SHARE IN COMMON ELEMENTS. (Tax ID#: 4502-501-0587-00019)
(Location:
401 Nettles Boulevard)
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 Development Code.
After motion and second, the vote on this resolution was as follows:
Chairman Richard Pancoast
AYE
Vice-Chairman Robert Bangert
AYE
Commissioner Ron Harris
AYE
Commissioner Stix Nickson
AYE
Commissioner Buddy Emerson
NAY
File No.: SA-04-016
Page 2
SA Resolution 04-016
November 22,2004
PASSED AND DULY ADOPTED This 22nd Day of November 2004.
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ATTEST:
?',..L.4":;VJl<-":¿ 7~
Secretary
hI
G:IBOAI04-016BOAResolution.doc
File No.: SA-04-016
Page 3
BOARD OF ADJUSTMENT
ST. LUCIE COUNTY, FLORIDA
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Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
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Asst. cou~ Attorney
SA Resoiution 04-016
November 22, 2004
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Exhibit A
Maps
General Location Map
Area Subject to the Variance
File No.: SA-04-016
Page 4
SA Resolution 04-016
November 22, 2004
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A Petition of Ronald Kirila for a Variance from the Provisions of Section 7.10.16
of the St.Lucie County Land Development Code to permit the continued use of
a deck in the HIRD (Hutchinson Island Residential District) Zoning District.
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SA 04-016
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Map prepared November 1, 2004