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Home My WebLink About07-038 C~k'. ~IJ1Ct."/1(E::' é 1V,1:S & ¡:"/¿ .. 1 RESOLUTION NO. 07-038 2 FILE NO.: BCC 03·009 3 4 5 A RESOLUTION DENVING A SHORELINE VARIANCE FROM SECTION 6 6.02.02(C)(1) (SHORELINE PROTECTION, INDIAN RIVER LAGOON SHORELINE, 7 MINIMUM BUFFER CRITERIA) TO PERMIT THE PROPOSED CONSTRUCTION OF 8 AN ACCESS ROADWAY LACKING ALL OF THE MINIMUM 50 FOOT SHORELINE 9 SETBACK REQUIRED FOR THIS PROPERTY LOCATED ADJACENT TO THE 10 INDIAN RIVER LAGOON, ON THE WEST SIDE OF NORTH STATE ROAD A-1-A, ] 1 DIRECTLY ACROSS FROM THE AL T AMIRA CONDOMINIUM, ON NORTH ]2 HUTCHINSON ISLAND. THE PROJECT IS KNOWN AS PELICAN BAY. 13 14 15 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 16 testimony and evidence, including but not limited to the staff report, has made the following ] 7 determinations: 18 19 1. The petitioner, Robert C, Schwebke, through agent Ted Konigsberg, has requested a 20 variance from the provisions of Section 6.02.02(C)(1) (Shoreline Protection, Indian River 21 Lagoon Shoreline, Minimum Buffer Criteria) to permit the proposed construction of an 22 access roadway lacking all of a minimum 50 foot shoreline setback required for this 23 property located adjacent to the Indian River Lagoon, on the west side of North State 24 Road A-1-A, directly across from the Altamira condominium, located on North 25 Hutchinson Island, and more particularly described in Part A below. 26 27 2. On October 7, 2003 and October 21, 2003, this Board held a public hearing on the 28 petition after publishing a notice of public hearing and notifying by mail all owners of 29 property within 500 feet of the subject property. 30 3] 3. On March 20, 2007, this Board held a public hearing on the petition of Robert C. 32 Schwebke, through agent Ted Konigsberg, after publishing a notice of such hearing in 33 the Tribune and the Port St. Lucie News and notifying by mail all property owners within 34 500 feet of the subject property at least 10 days prior to the hearing. 35 36 4. The Development Review Committee has found that the proposed variance does not 37 meet all technical requirements and is not consistent with the future land use maps of the 38 St. Lucie County Comprehensive Plan. The proposed variance is not consistent with the 39 general purpose, goals, objectives and standards of the St. Lucie County 40 Comprehensive Plan, and is opposed to the general spirit and intent of the St. Lucie 41 County Land Development Code. 42 43 5. The Board has determined that the requested variance does not arise from a condition 44 of the particular physical surroundings, the shape, or topographical condition of the 45 specific parcel of land involved, and does not result in an unnecessary hardship for the 46 owner or developer, and is a mere inconvenience to the developer or owner if the 47 provisions of Section 6.02.02(C) of the St. Lucie County Land Development Code are 48 literally enforced, and the conditions necessitating the variance are created by the 49 proposed actions of the owner, developer, or applicant. File No.: BCC 03-009 March 20, 2007 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3043745 04f20f2007 at 11:13 AM OR BOOK 2802 PAGE 1686 - 1691 Doc Type: RESO RECORDING: $52.50 ,solution No. 07-038 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 6. The Board has determined that the proposed construction associated with the requested variance will impair or injure other property or improvements in the same neighborhood in which the subject parcel of land is located. 7. The Board has determined that the variance request is not the minimum variance required for the reasonable use of the property since reasonable use and access is provided through the development of two single-family homes on the southern parcel of the site, and an access easement to that part of the site from U.S. Highway A-1-A through the Ocean Harbour South Condominium property, and sufficient upland area exists on the northern parcel to allow its development without the variance. 8. The Board has determined that granting the proposed variance will permit development that is opposed to the general spirit and intent of the St. Lucie County Land Development Code and would be inconsistent with the St. Lucie County Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Sections 10.01.30 and 6.02.02 of the St. Lucie County Land Development Code, the Shoreline Protection Variance Request is hereby denied as depicted on the property drawing prepared by Thomas Lucido and Associates, P.A., last revised on July 8, 2003, and date stamped received by the St. Lucie County Growth Management Director on February 28, 2007, as determined by this Board and through Staff review, the findings of which are included as an additional submittal. B. The property on which this Shoreline Protection Variance is being requested is described as follows: THE NORTH 308.54 FEET OF THE SOUTH 2608.54 FEET OF GOVERNMENT LOT 1 IN THE NORTH 1/2 OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1 AS SHOWN ON A PLAT OF SURVEY OF SAID SECTION 23 RECORDED IN PLAT BOOK 8, PAGE 21, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD A-I-A TOGETHER WITH THE NORTH 600.00 FEET OF THE SOUTH 2300.00 FEET OF GOVERNMENT LOT 1 IN THE NORTH 1/2 OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1, AS SHOWN ON PLAT OF SURVEY OF SAID SECTION 23, AS RECORDED IN PLAT BOOK 8, PAGE 21, OF ST. LUCIE COUNTY, FLORIDA, PUBLIC RECORDS, LYING WEST OF THE RIGHT-OF-WAY OF STATE ROAD A-l-A LESS AND EXECPTING THE FOLLOWING DESCRIBED PARCEL: File No.: Bee 03-009 March 20, 2007 Resolution No. 07-038 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 47 BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY OF STATE ROAD A-I-A WITH THE NORTH LINE OF THE SOUTH 2300.00 FEET OF GOVERNMENT LOT 1 IN THE NORTH 1/2 OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1, AS SHOWN ON PLAT OF SURVEY OF SAID SECTION 23, AS RECORDED IN PLAT BOOK 8, PAGE 21, OF ST. LUCIE COUNTY, FLORIDA; THENCE RUN SOUTH 18°29'30" EAST ALONG THE SAID WEST RIGHT-OF-WAY OF STATE ROAD A-I-A, A DISTANCE OF 631.16 FEET; THENCE RUN SOUTH 89°35'10" WEST, A DISTANCE OF 245.28 FEET; THENCE RUN NORTH 18°29'30" WEST, A DISTANCE OF 205.87 FEET; THENCE RUN SOUTH 71°30'30" WEST, A DISTANCE OF 205.36 FEET; THENCE RUN NORTH 18°29'30" WEST, A DISTANCE OF 492.32 FEET; THENCE RUN NORTH 89°35'10" EAST, A DISTANCE OF 461.30 FEET TO THE POINT OF BEGINNING. ALL LANDS LYING IN SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. TOGETHER WITH AN INGRESS AND EGRESS EASEMENT AS SET FORTH IN THAT CERTAIN DECLARATION OF EASEMENT, DATED SEPTEMBER 28, 1982, RECORDED OCTOBER 4, 1982, IN OR BOOK 385, PAGE 326, AND AS SET FORTH IN WARRANTY DEED DATED APRIL 18, 1983, RECORDED APRIL 20, 1983, IN OR BOOK 399, PAGE 259, ALL IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SUBJECT TO PROVISIONS OF COURT ORDER IN CASE NO. 92-218 CA-17 AS RECORDED IN O.R. BOOK 795, PAGE 325, IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Location: West side of North A-1-A, directly across from the Altamira Condominium. C. A copy of this Resolution shall be attached to the variance request described in Part A, which shall be placed on file with the SI. Lucie County Growth Management Director. D. A copy of this Resolution shall be mailed, return receipt requested to the developer and agent of record as identified on the variance request application. E. This Resolution shall be recorded in the Public Records of 51. Lucie County. After motion and second, the vote on this resolution was as follows: Chairman Chris Craft AVE Vice-Chairman Joseph E. Smith AVE Commissioner Doug Coward AVE Commissioner Charles Grande AVE Commissioner Paula A. Lewis AVE File No.: BCC 03-009 March 20, 2007 Resolution No. 07-038 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 '/ .,.,..-:.7 . .~,<~r"','" .' ,'c.:~,!:" ,,'-,-, PASSED AND DUL V ADOPTED this 20th day of March, 2007./¡~';',,jr;0, J ,,-,,'1> {"...-;' ,,:,,). .:-:_:. " ,'. "~'j {/(r ,';) ',. ~. ,-;,. BOARD OF COUNTY tOMMlI$$'ION!;$> ,f. C, ST. LUCIE COUNTY,~'ø,I;{Jti&\~./;-(~ ,; {j6"'~');>Þ~'-' 0 <"".,p ~<~~.~'~~ " '\ ) 2 ~, ;-_, r::: , .~ ATTEST _./',;'A . --..-"",-- .... ~~~~- Deputy Clerk 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 File No.: Bee 03-009 March 20, 2007 , ,~ APPR~D AS TO FOR AND?IÃ N ~ Resolution No. 07-038 Page 4 I 2 3 4 5 6 7 Exhibit A 8 9 10 Maps II 12 13 14 IS 16 17 18 19 20 21 22 23 File No.: BCC 03-009 March 20, 2007 Resolution No. 07-038 Page 5 A petition. of Robert C. Schwebke, through agent Ted Konigsberg, for a Shoreline Protection Variance from the provisions of Section 6.02.02(C)(1) (Shoreline Protection, Indian River Lagoon Shoreline, Minimum Buffer Criteria) to permit the proposed construction of an access roadway lacking all of the minimum 50 foot shoreline setback required for this property located adjacent to the Indian River Lagoon, on the west side of North State Road A-1-A, directly across from Altamira Condominium, on North Hutchinson Island. The project is known as Pelican Bay. \ \ \ \ \ -\ \\_ J \ " " ,. " " " " " ~ " ~ REGAL RD ~ ~ '::) ~. o o 'ci> ~ \ \ \ \ \ \ \ , \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ , \ \ \ \ \ , \ \ \ \ \ BCC 07-038 Legend ~ Subject property sr. .LHOW a,-7~_ {jro-wtÆ .Manogem.mr D'!.Parhnent N A Map prepared February 23, 2007