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BOARD OF ADJUSTMENT
RESOLUTION 05-001
File No.: BA-OS-O01
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. Nextel Communications, Inc., presented a petition for a Variance from the
Provisions of Section 7.04.01(A), ofthe St. Lucie County Land Development
Code to permit the construction of a communications equipment shelter,
which would encroach approximately 23 feet into the minimum front setback
of 50 feet required in the AG-1 (Agricultural- 1 du/acre) Zoning District for
the property depicted on the attached maps as Exhibit "A" and described
below.
2. On January 26, 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.
3. The public hearing on this item was continued to the Board of Adjustment
meeting of February 23, 2005, in order to determine the right-of-way needs
for Emerson Avenue.
4. On February 23, 2005, the meeting was continued.
5. 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, St. Lucie County Land Development Code and is in conflict
with the goals, objectives, and policies of the Sf. Lucie County
Comprehensive Plan, because:
EDWIN M. FRY Jr CLE
SAINT LUCIE COUNTY RK OF THE CIRCUIT COURT
FILE fI. 3065034
OR 800 0610612007 at 03:01 PM
K 2829 PAGE 2832
RECORDING: $52.50 - 2837 Doc Type: RESO
BA Resolution 05-001
January 26, 2005
File No.: BA-05-001
Page 1
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1. The variance denied does not result from an unnecessary hardship
for the owner, but instead represents a mere inconvenience.
2. The variance denied would impair or otherwise injure other property
or improvements in the neighborhood in which the subject property is
located
3. The variance denied does not meet the general spirit and intent of the
Sf. Lucie County Land Development Code and the Sf. Lucie County
Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie
County, Florida:
Nextel Communications. Inc.. presented a petition for a Variance from the
Provisions of Section 7.04.01 (A), ofthe St. Lucie County Land Development
Code to permit the construction of a communications equipment shelter,
which would encroach approximately 23 feet into the minimum front setback
of 50 feet required in the AG-1 (Agricultural- 1 du/acre) Zoning District for
the property depicted on the attached maps as Exhibit "A" and described as
follows:
THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 34
SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA,
LESS AND EXCEPT THE NORTH 20 FEET AND THE WEST 48 FEET THEREOF. (Tax
ID#: 1425-701-0093-000/8)
(Location:
4690 Emerson Avenue)
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
File No.: BA-05-001
Page 2
SA Resolution 05-001
January 26, 2005
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Commissioner Ron Harris
AYE
Commissioner Stix Nickson
AYE
Commissioner Buddy Emerson
AYE
PASSED AND DULY ADOPTED This 23'd Day of February 2005.
ATTEST:
BOARD OF ADJUSTMENT
ST. LUCIE COUNTY, FLORIDA
~/)A......-?/~....J ~"'.-<1
Secretary
W1¿aJ ~
Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
'~~
Asst. County Attorney
hI
H:\WORDIBOAIFinished2005\05-o01 BOAResolutionDeny.doc
File No.: BA-05-001
Page 3
BA Resolution 05-001
January 26, 2005
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Exhibit A
Maps
General Location Map
Area Subject to the Variance
File No.: BA-05-001
Page 4
BA Resolu1ion 05-001
January 26, 2005
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A þetition of Nextel Communications, Inc. for a Variance from the
Provisions of Section 7.04.01 (A) of the St. Lucie County Land Development
Code to permit the construction of a communications equipment shelter, which
would encroach approximately 23 feet into the minimum front setback of 50 feet
required in theAG-1 (Agricultural-1 du/acre) Zoning District.
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Map prepared December 29, 2004
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