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HomeMy WebLinkAbout05-017 BOA EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FilE # 275170211/29/2005 at 09:39 ÞM OR BOOK 2422 PAGE 2703 - 2708 Doc Type: RESO RECORDING: $52.50 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 BOARD OF ADJUSTMENT RESOLUTION 05-017 File No.: BA-05-017 A RESOLUTION GRANTING A VARIANCE 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 limited to the staff report, has made the following determinations: 1. Weslev and Thanh Gillette, presented a petition for a Variance from the Provisions of Section 7.04.01 (A), of the SI. Lucie County Land Development Code, to permit the development of property into single-family lots which would lack 60 percent of the minimum 60 feet of roadway frontage as required in the AG-2.5 (Agricultural- 1 du/2.5 acres) Zoning District for the property depicted on the attached maps as Exhibit "A" and described below. 2. On July 27, 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. That meeting was continued to the Board of Adjustment meeting of August 24, 2005. 3. On August 24, 2005, the Board of Adjustment continued the public hearing on this matter. 4. 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, SI. Lucie County Land Development Code, the Board of Adjustment has made the following determination: The requested variance has met the standards of review as set forth in Section 10.01.02, Sf. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the Sf. Lucie County Comprehensive Plan, because: 1. The variance granted is the minimum variance that will make possible the reasonable use of the land, structure, or building. 2. The variance granted will not have adverse impacts to other property or improvements in the neighborhood. 3. The variance granted meets the general spirit and intent of the Sf. Lucie County Land Development Code and the Sf. Lucie County Comprehensive Plan. File No.: BA-05-017 Page 1 BA Resolution 05-017 August 24, 2005 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 48 NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: Weslev and Thanh Gillette, presented a petition for a Variance from the Provisions of Section 7.04.01 (A), of the St. Lucie County Land Development Code, to permit the development of property into two single-family lots which would each lack 60 percent of the minimum 60 feet of roadway frontage as required in the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District for the property depicted on the attached maps as Exhibit "A" and described below, subject to the following condition: A minimum 16 foot buffer shall be required to be maintained between the driveway of the subject property and the adjacent property to the west. B. The property on which this variance is being granted is described as follows: THE EAST Y, OF THE WEST Y, OF THE SOUTH 0/. OF SECTION 9, TOWNSHIP 36 SOUTH, RANGE 39 EAST. LYING SOUTHEAST OF THE PLAT OF PONY PINES UNIT ONE AS RECORDED IN PLAT BOOK 17, PAGE 3. COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH % OF THE WEST Y, OF SECTION 9, TOWNSHIP 36 SOUTH, RANGE 39 EAST, WITH THE WEST RIGHT- OF-WAY LINE OF THE NORTH ST. LUCIE RIVER DRAINAGE DISTRICT CANAL NO. 91, SAID RIGHT-OF-WAY LINE IS PARALLEL WITH AND 46.00 FEET WEST OF THE NORTH· SOUTH V. SECTION LINE OF SAID SECTION 9; THENCE RUN SOUTH 00 DEGREES 23'02" WEST, 1697.00 FEET, ALONG SAID CANAL NO. 91 RIGHT-OF-WAY LINE TO A POINT ON THE SAID WEST RIGHT-OF-WAY LINE AND THE POINT OF BEGINNING (P.O.B); THENCE ALONG A LINE WHICH IS PARALLEL WITH AND 1697.00 FEET SOUTH OF THE NORTH LINE OF THE SOUTH % OF THE WEST Y, OF SAID SECTION 9, ON A BEARING OF NORTH 88 DEGREES42'52" WEST, 810.02 FEET TO A POINT, THENCE RUN SOUTH 45 DEGREE22'05" WEST, 49.00 FEET ALONG A LINE BEING THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT ·OF·WA Y OF PALOMINO DRIVE AND THE EASTERLY LINE OF PONY PINES UNIT ONE AS RECORDED IN PLAT BOOK 17, PAGE 3. LESS THE SOUTH 1290.46 FEET THEREOF; AND LESS THE EAST 46.00 FEET OF WEST Y, OF SECTION 9, TOWNSHIP 36 SOUTH, RANGE 39 EAST, FOR THE RIGHT-OF-WAY OF CANAL NO. 91, NORTH ST. LUCIE RIVER DRAINAGE DISTRICT. (Tax ID#: 3309-311-0001-000/9) (Location: 11505 Palomino Drive) C. This variance shall expire twelve months from the date of adoption unless a lot split is approved in accordance with Section 11.03.00, of the St. Lucie County Land Development Code, or an extension is granted in accordance with Section 10.01.06, of the St. Lucie County Land Development Code. File No.: BA-05-017 Page 2 BA Resolution 05-017 August 24, 2005 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 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 Buddy Emerson ABSENT Commissioner Diane Andrews AYE PASSED AND DULY ADOPTED This 24th Day of August 2005. ATTEST: BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA ?/¡: , > a-/'> , / /I ík ~/¿_2V-:.;.)_ Secretary ) ~ ¡£J; .. L ¡};¿t vw( Mt~\ Chairman APPROVED AS TO FORM AND CORRECTNESS: I\..f-- t....1~ l7 Ass!. Cou~ttomey hi G:IBOAI05-017BOAResolution.doc File No.: BA-05-017 Page 3 BA Resolution 05-017 August 24, 2005 1 2 3 4 5 6 7 8 9 . 10 . 11 12 13 14 15 16 Exhibit A Maps General Location Map Area Subject to the Variance File No.: BA-05-017 Page 4 BA Resolution 05-017 August24,2005 Q) :::: Q) , i\~ ~{! ~N ~t d H ~~ J, ì v¡~ .- C> ..c: c: co ..c: I- "'C c: co :>. Q) II) ~ r--- ..- o I LO o « ŒI z.~ i< " .. o .MU....W3 ._~ þ~ ,....."" ;" o , o () ~ ~ ii' c m i5 ~ -".... j .~ . ¡ ,,-~'....... J o .11...."" 0"_'" ,""." ...." o ,-, æ ^,uno~ aaqOlpae) o '" o o ('oj u:i ~ ::J ..., '0 ., Ìii a. ., a. a. m ::;: ;" c ~ o () c t: m ::; o , , A p~titìon of Wesley and Thanh Gillette for a Variance from the Provisions of Section 7.04.01 (A) of the St. Lucie County Land Development Code, to permit the development of property into single-family lots which would lack 60 percent of the minimum 60 feet of roadway frontage as required in the AG-2.5 (Agricultural-1 du/ 2.5 acres) Zoning District. NEWELLRD D '" ç '" "" u u ::; z -' 'w 1-, "" D rn w D ~ Ü APPALOOSA CT a; o z -' "" Z "" U PALOMINO DR %,m 7' <>7//;;"'7 . %%/ /~'l/~ ///", ///'lj/~ // / . / / / // ~< / /// //// / ¡.-:/ // //j.//; ~.,%,%,-::7,-::::f.,/-;, ø,'/ /, /~.% //7// / / / // 7~/~%/~~/ ;;//%:>~/ ~/I ~,T",7Xf.,/<%/f. /,Ø//;; /~%, /~ r/,"~;///2/</'//;//// /;%///~//:1' , "/ /» ////-///// //"/ I I' / // / / ,/ _../ / / // // ~~~:/ 2;%>~~::-~//LL.-,«(/.LL~ /~ WilLIAMS RD SA 05-017 Subject property City of Port SI. Lucie 5è-/ude ~--"",> (irtnl'tli .Nanageml!TJt :J.Jeparbnent N A Map prepared July 6, 2005