HomeMy WebLinkAbout05-006 BOA
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BOARD OF ADJUSTMENT
RESOLUTION 05-006
File No.: BA-05-006
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. Ginn-LA WSL-Ltd.. L.L.P" presented a petition for a Variance from the
Provisions of Section 7 .04.01 (A), the Provisions of Section 7.01.03(A) of the
St. Lucie County Land Development Code to permit the development of a
parcel of land which lacks 0.32 acre of the minimum 5 acres required for a
Planned Unit Development for the property depicted on the attached maps as
Exhibit "A" and described below.
2. On February 23,2005, 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. This meeting was continued
to March 23, 2005.
3. The Board of Adjustment reconvened the public hearing on this item on
March 23, 2005, and continued it to the April 27, 2005, public hearing.
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 not in
conflict with the goals, objectives, and policies of the Sf. Lucie County
Comprehensive Plan, because:
1. The variance denied does not comply with the HIRD (Hutchinson
Island Residential District) Zoning District or our own county Land
Development Code restrictions.
2. The variance denied would require that the dune would negatively
affect sea turtle nesting in that area.
File No.: BA-05-006
Page 1
BA Resolution 05-006
April 27, 2005
EDWIN M. FRY J CLER
SAINT LUCIE CO~NTY K OF THE CIRCUIT COURT
OFIRLEB'OO3065035 0610612007 at 03:01 PM
K 2829 PAGE 2838 2
RECORDING: $52.50 - 843 Doc Tvpe: RESO
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3. The variance denied is not the minimum variance that will make
possible the reasonable use of the land, structure, or building.
4. The variance denied would have adverse impacts to other property or
improvements in the neighborhood.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of S1. Lucie
County, Florida:
A. Ginn-LA WSL-Ltd., L.L.P.. presented a petition for a Variance from the
Provisions of Section 7.04.01 (A), the Provisions of Section 7.01.03(A) of the
S1. Lucie County Land Development Code to permit the development of a
parcel of land which lacks 0.32 acre of the minimum 5 acres required for a
Planned Unit Development for the property depicted on the attached maps as
Exhibit "A" and described as follows:
PLAT OF AVALON PARK - FROM THE INTERSECTION OF A LINE LYING 3,220 FEET
SOUTH OF AND PARALLEL TO THE NORTH LINE OF SECTION 11 WITH THE EAST
RIGHT-OF-WAY LINE OF SR A-1-A, THENCE SOUTHEASTERLY ALONG THE EAST
RIGHT -OF-WAY LINE 273.43 FEET TO THE PINT OF BEGINNING, THENCE CONTINUE
SOUTHEASTERLY ALONG THE EAST RIGHT-OF-WAY LINE 853.13 FEET TO A LINE
LYING PARALLEL WITH THE SOUTH LINE OF SECTION 11 AND 1,000 FEET NORTH
OF THE SECTION LINE AS MEASURED ALONG THE EAST RIGHT-OF-WAY LINE OF
SR A-1-A, THENCE NORTH 89°18' 37" EAST PARALLEL WITH THE SOUTH LINE 44.15
FEET, THENCE NORTH 74°48'19" EAST 170.93 FEET MORE OR LESS TO THE MEAN
HIGH WATER LINE, THENCE MEANDER ALONG WATER LINE NORTHWESTERLY 862
FEET MORE OR LESS TO A LINE PERPENDICULAR TO THE EAST RIGHT-OF-WAY
LINE OF SR A-1-AAND 185 FEET MORE OR LESS FROM THE EAST RIGHT-OF-WAY
LINE, THENCE NORTHWESTERLY 185 FEET MORE OR LESS TO THE POINT OF
BEGINNING. (Tax ID#: 1410-501-0021-000/3)
(Location:
5150 North SR A-1-A (P.V. Martins Restaurant))
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 S1. 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
File No.: BA-05-006
Page 2
BA Resolution 05-006
April 27, 2005
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Commissioner Ron Harris AYE
Commissioner Stix Nickson AYE
Commissioner Buddy Emerson AYE
PASSED AND DULY ADOPTED This 2ih Day of April 2005.
ATTEST:
BOARD OF ADJUSTMENT
ST. LUCIE COUNTY, FLORIDA
Z& /' /V.?'? n7.4.~ ;7 ?L-2-4
Secretary
1 l'J It-
aJtiU IAl~/f1£t
Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
~~
Asst. County Attorney
hI
G:\BOA\05-006BOAResolution.doc
File No.: BA-05-006
Page 3
BA Resolution 05-006
April 27, 2005
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Exhibit A
Maps
General Location Map
Area Subject to the Variance
File No.: BA-05-006
Page 4
BA Resolution 05-006
April 27, 2005
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A petition of Ginn LA St. Lucie, Ltd. for a Variance from the Provisions of Section
7.Q1.03(A) of the St.Lucie County Land Development Code to permit the development
of a parcel of land which lacks 0.32 acres of the minimum 5 acres required for a
Planned Unit Develo ment.
SA 05-006
Legend
Subject property
5è..L~ &.~,
GIS _,~_.~
Map prepared February 11, 2005
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