HomeMy WebLinkAbout06-031BOA
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BOARD OF ADJUSTMENT
RESOLUTION NO. 06-031
File No.: BA·06-031
A RESOLUTION AFFIRMING A DECISION BY AN ADMINISTRATIVE
OFFICIAL TO GRANT A BUILDING PERMIT FOR
CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of Adjustment of SI. Lucie County, Florida, based on the testimony and evidence,
including, but not iimited to the staff report, has made the following determinations:
1. Jeff Mitchell. John W. McCullev. Joel DeFabio and Tom LaFlamme presented a petition
appealing the decision of the Buiiding Official, pursuant to the Provisions of Section11.11.01
B (3) of the SI. Lucie County Land Development Code, to permit the remodeling of the
structure located at 2502 Tamarind Drive, Fort Pierce Shores, Unit Three Subdivision
[Seahorse Beach Bungalows] both before and subsequent to the 2004 and 2005 hurricanes.
and then subsequent thereto for damages caused by the hurricanes.
2. On December 13. 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 pro~erty which was continued to the Board's meetin~s of January 24'h 2007. On
January 24' the hearing was further continued to February 28 .2007.
3. After consideration of the testimony presented during the public hearing, including staff
comments and the standards of review to be utilized by this Board on matters involving a
decision, order, determination or interpretation of any administrative official of the County with
respect to the provisions of the Land Development Code. [Section 12.04.01 B], the Board of
Adjustment moved to deny the instant petition to appeal the decision of the Building Official
with respect to the provisions of Section 11.11.01 B (3) of the Land Development Code and
made the following findings:
a) The current use of this property is a proper and conforming use under HIRD
zoning as set forth in Section 3.01.02 A of the Land Development Code,
b) The decision of the Building Official is consistent with the provisions of
Sections 6.05.00 and 13.00.00 of the Land Development Code,
c) The Building Official conditioned such grant of the permit upon the
Applicant's assurances that it would comply with the requirements of the current
Building Code,
d) The decision of the Building Official, to issue this permit, for the structure
located at 2502 Tamarind Drive, Fort Pierce Shores, Unit Three Subdivision,
was a proper exercise of the Building Official's authority.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of SI. Lucie County, Florida:
File No.: SJ
Page 1
SA Resolution No. 06-031
February 28, 2007
EDWIN M. FRY. Jr.. CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 303643904/0412007 at 03:01 PM
OR BOOK 2792 PAGE 2791 - 2795 Doc Type: RESO
RECORDING: $44.00
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THE PETITION APPEALING THE DECISION OF THE BUILDING OFFICIAL IS HEREBY DENIED.
After motion and second. the vote on this resolution was as follows:
Chairman Ron Harris
AYE
Board Member Robert Bangert
AYE
Board Member Buddy Emerson
NAY
Board Member Richard Pancoast
AYE
Board Member Bobbie Conti
ABSENT
PASSED AND DULY ADOPTED this 28th day of February, 2007.
ATTEST:
BOARD OF ADJUSTMENT
ST. LUCIE COUNTY. FLORIDA
~c
C airman
;y~/ ~---
Secretary
APPROVED AS TO FORM
AND CORRECTNESS:
JCij~
Assistant County Attorney
Lap
H:IBOARDOFADJUSTMENT\2502 Tamarind Drive106-031 BOA Resolution.doc
File No.: BA-06-031
Page 2
BA Resolution No. 06-031
February 28, 2007
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Exhibit A
Maps
General Location Map
Area Subject to the Permit
File No.: BA-06-031
Page 3
BA Resolution No. 06-031
February 28, 2007
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Jeff Mitchell, John W. McCulley, Joel DeFabio, and Tom LaFlamme to appeal the
decision by an administrative official with respect to the provisions of the St. Lucie
County Land Development Code
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Legend
0i":a Subject property
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Map prepared October 31, 2006
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