HomeMy WebLinkAbout07-016 BOA
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BOARD OF ADJUSTMENT
RESOLUTION NO. 07-016
File No.: BA-06-014
A RESOLUTION DENYING A VARIANCE FOR
RECONSIDERATION BY THE BOARD OF ADJUSTMENT 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. Joseph Cosmano, requested the Board of Adjustment reconsider the petition for a
Variance from the Provisions of Section 7.04.01 (A), of the St. Lucie County Land
Development Code, to permit the continued use of a storage building which will
encroach a maximum of 18 feet into the minimum side setback of 20 feet required in
the AG-5 (Agricultural - 1 du/5 acres) Zoning District for the property depicted on
the attached maps as Exhibit "A" and described below.
2. On January 24, 2007, 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's
February 28, 2007.
3. On February 28, 2007, this Board continued the public hearing to March 28, 2007.
4. On March 28, 2007, the public hearing was held by the Board of Adjustment.
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, Sf. Lucie County Land Development Code and is in conflict with the goals,
objectives, and policies of the Sf. Lucie County Comprehensive Plan, because:
1. The granting of the requested variance would impair or otherwise injure other
property or improvements in the neighborhood in which the subject property
is located.
2. The requested variance does not meet the general spirit and intent of the Sf.
Lucie Land Development Code and the Sf. Lucie County Comprehensive
Plan.
6. On June 27. 2007, this Board held a public hearing on the petition, after publishing a
File No.: BA-06-014
Page 1 EDWIN M. FRY. Jr.. CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 308181507/16/2007 at 02;30 PM . RESO
OR BOOK 2850 PAGE 1555 ·1560 Doc Type-
RECORDING: $52.50
BA Resolution No. 07-016
June 27, 2007
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notice of such hearing and notifying by mail all owners of property within 500 feet of
the subject property. That meeting was to reconsider this Board's decision to deny
the requested variance.
7. 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 in conflict with the goals,
objectives, and policies of the Sf. Lucie County Comprehensive Plan, because:
1. The granting of the requested variance would impair or otherwise
injure other property or improvements in the neighborhood in which
the subject property is located.
2. The requested variance does not meet the general spirit and intent of the Sf.
Lucie 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:
A. Joseph Cosma no, requested the Board of Adjustment reconsider the petition for a
Variance from the Provisions of Section 7.04.01 (A), of the St. Lucie County Land
Development Code, to permit the continued use of a storage building which will
encroach a maximum of 18 feet into the minimum side setback of 20 feet required in
the AG-5 (Agricultural - 1 du/5 acres) Zoning District for the property depicted on
the attached maps as Exhibit "A" and described as follows:
17 35 39 E Y, OF N Y, OF S Y, OF SE '!. OF NW 114 -LESS E 43.5 FT -(4.73 AC) (Tax ID#:
2317 -243-0005-100/2)
(Location:
1649 South Brocksmith Road)
B. This variance request has been reconsidered by the Board of Adjustment and 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 Ron Harris
AYE
Vice-Chairman, Bob Bangert
AYE
Commissioner Buddy Emerson
AYE
File No.: BA-06-014
Page 2
BA Resolution No. 07-016
June 27, 2007
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Commissioner Diane Andrews
AYE
Commissioner Larry Storms
AYE
PASSED AND DULY ADOPTED This 27'h day of June, 2007.
ATTEST:
BOARD OF ADJUSTMENT
ST. LUCIE COUNTY, FLORIDA
)j2~
?/¡)'-/)--I'/l/Y?JI/'I..A/ ~-:?---"'Jg~
Secretary
APPROVED AS TO FORM
AND CORRECTNESS:
(..~ ...~. ¡J-p
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)
Ass!. County Attorney
lap
H:\BOARDOFADJUSTMENT/1649 S. Brocksmith Road/07·016 BOAResolution.doc
File No.: BA-06-014
Page 3
BA Resolution No. 07-016
June 27, 2007
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Exhibit A
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Maps
General Location Map
Area Subject to the Variance
File No.: BA-06-014
Page 4
BA Resolution No. 07-016
June 27, 2007
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A, petition of Joseph Cosmano for a Reconsic!.eration of the Action by the Board of Adjustment's
decision to deny the request for a Variance from the Provisions of Section 7.04.01 (A) of the St.
Lucie GountyLanc!Development Code to allow th.econstruction of a storage building which will
encroach a maximum of 18 feet into the minimum side setback of 20 feet in the AG-5
(Agricultural- 5 du/ac) Zoning District ,
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