HomeMy WebLinkAbout07-015 BOA
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BOARD OF ADJUSTMENT
RESOLUTION NO. 07-015
File No.: BA-620071237
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. Mark Occhuizzo, presented a petition for a Variance from the Provisions of
Section 7.09.04(A) and 7.09.04(C), of the St. Lucie County Land
Development Code to allow the construction of the paved vehicular use area,
which will encroach the maximum 7.5 feet into the minimum 15 foot
landscaped strip of land and to allow a 7 percent reduction of the minimum
landscaping/greenspace to be required in the CG (Commercial, General)
Zoning District for the property depicted on the attached maps as Exhibit "A"
and described below.
2. On September 26, 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 ofthe subject property. That meeting was continued
to the Board's November 28, 2007.
3. On November 28,2007, the public hearing on the petition was held by the
Board of Adjustment.
4. The petitioner was provided notice of the hearing and presented his position
through his attorney to the Board.
5. After consideration of the testimony presented during the public hearing,
including staff comments, argument of counsel, exhibits, 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
determinations:
The requested variance does 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 St. Lucie County
Comprehensive Plan, because:
File No.: BA-6200712:
Page 1
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FilE # 314868512/21/2007 at 03:58 PM
OR BOOK 2919 PAGE 1305 - 1310 Doc Type: RESO
RECORDING: $52.50
BA Resolution No. 07-015
November 28, 2007
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1. The denial of the requested variance does not result in unnecessary
hardship for the owner but is a mere inconvenience.
2. 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.
3. The requested variance does not arise from a condition that is unique
and peculiar to the land, building and structures rather it is caused by
requested use which is not the minimum variance that will make
possible the reasonable use of the land, building or structures. .
4. The requested variance does not meet the general spirit and intent of
the St. Lucie Land Development Code and the Sf. Lucie County
Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of S1. Lucie
County, Florida:
A. Mark Occhuizzo, presented a petition for a Variance from the Provisions of
Section 7. 09. 04(A) and 7.09.04(C), of the S1. Lucie County Land
Development Code to allow the construction of the paved vehicular use area,
which will encroach the maximum 7.5 feet into the minimum 15 foot
landscaped strip of land and to allow a 7 percent reduction of the minimum
landscaping/greenspace to be required in the CG (Commercial, General)
Zoning District for the property depicted on the attached maps as Exhibit "A"
and described as follows:
ALL THAT PART OF THE SOUTH % OF NORTHWEST Y4 OF THE
NORTHEAST Y4 OF SECTION 6, TOWNSHIP 34 SOUTH, RANGE 40
EAST.
BEGINNING AT A CONCRETE MONUMENT AT THE INTERSECTION OF
THE EASTERLY RIGHT OF WAY OF SUNSHINE STATE PARKWAY
(KING'S HIGHWAY FEEDER ROUTE) WITH THE WESTERLY RIGHT OF
WAY OF U.S. HIGHWAY NO.1 AND ROUNNING SOUTH 27°23'56" WEST
A DISTANCE OF 275 FEET TO A CONCRETE MONUMENT IN THE
EASTERLY RIGHT OF WAY OF SUNSHINE STATE PARKWAY; THENCE
AT AN INTERIOR 90° ANGLE, RUN THE WESTERLY RIGHT OF WAY OF
US HIGHWAY NO.1; THENCE IN A NORTHERLY DIRECTION WITH THE
ARC OF A CURVE HAVING A RADIUS OF 296.93 FEET, A CHORD
BEARING OF NORTH 758'26" EAST ALONG THE WESTERLY RIGHT OF
File No.: BA-620071237
Page 2
SA Resolution No. 07-015
November 28, 2007
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WAY OF U.S. HIGHWAY NO.1 A DISTANCE OF 292 FEET MORE OR
LESS TO THE POINT OF BEGINNING. SAID TRACT BEING
TRIANGULAR IN SPACE CONTAINS 0.29 ACRES MORE OR LESS. (Tax
10#: 1406-124-0001-000n)
(Location: 6645 North US 1)
B. Based on the evidence presented, this variance request is 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 Ron Harris
AYE
Vice-Chairman, Bob Bangert
AYE
Commissioner Buddy Emerson
ABSENT
Commissioner Diane Andrews
AYE
Commissioner Larry Storms
AYE
PASSED AND DULY ADOPTED This 28th day of November, 2007.
ATTEST:
BOARD OF ADJUSTMENT
S~.OUNTY' FLORIDA
-4
Chairman
ð~.A.o-?./ <? A .J ;:;-//./? v /I
Secretary
APPROVED AS TO FORM
AND CORRECTNESS:
~tI--
Ass1. County Attorney
lap
H:\BOARDOFADJUSTMENT/6645 North US 1/BA 07-015 BOAResolution.doc
File No.: BA-620071237
Page 3
BA Resolution No. 07-015
November 28, 2007
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Exhibit A
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Maps
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10 . General Location Map
11 . Area Subject to the Variance
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File No.: BA-620071237
Page 4
BA Resolution No. 07-015
November 28, 2007
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A petition of Mark Occhuizzo for a Variance from the Provisions of Section 7.09.04(A) and
7.09.04(C) of the S1. Lucie County Land Development Code to allow the construction of
the paved vehicular use area, which will encroach the maximum 7.5 feet into the minimum
15 foot landscaped strip of land and to allow a 7 percent reduction of the minimum
landsca in / reens ace to be re uired in the CG Commercial, General Zonin District
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SA 620071237
Legend
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Map prepared August 21, 2007