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Home My WebLink About07-054 Ct'\>yit. 6ct . Adm. c'. II\D PI-LD 'ìC/'''! l , F If). ')11'6 I, (',. :Je.Af<j(jfu( HIe RESOLUTION NO. 07-054 A RESOLUTION REVOKING CONDITIONAL USE PERMIT NO. CU-92-0Q9 GRANTED BY RESOLUTION NO. 92-254 FOR THE OPERATION OF A BED AND BREAKFAST WITHIN THE HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTRICT) ZONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida held a public hearing on November 6, 2007 and on prior dates as set forth below. Based on the testimony, evidence and argument of counsel, including but not limited to the staff reports, at the November 6, 2007 public hearing and prior public hearings, has made the following determinations: 1. On November 24, 1992, this Board held a public hearing on the petition of Andrea I. Mellon, after publishing a notice of such hearing in the Port St. Lucie News at least 15 days prior to the hearing and notifying all owners of property within 500 feet of the subject property by mail. 2. On November 24, 1992, this Board, after a public hearing granted the conditional use approval for Andrea 1. Mellon to operate a Bed and Breakfast Inn in the HIRD (Hutchinson Island Residential District) at the subject property. 3. Section 11.07.05 of the St. Lucie County Land Development Code provides for revocation of conditional use permits for violation of any condition imposed upon such approval and upon complaint and proof of adverse effect on any adjacent properties. 4. On August 29,2006, a General Warranty Deed was witnessed and notarized, conveying ownership of the subject property from Arthur and Andrea Mellon to Cathy G. Townsend. 5. On March 1, 2007, this Board received a letter dated February 24, 2007, signed by eleven residents of Jackson Way and two residents of North Highway AlA stating that the establishment has an adverse effect on those who own single family residences in the neighborhood. 6. On March 13,2007, the Board of County Commissioners having heard comments and received evidence regarding operation of the bed and breakfast establishment as approved in Resolution No. 92-254, on the property known as the Mellon Patch Inn, set a EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 314219512/10/2007 at 10:09 AM OR BOOK 2913 PAGE 1214 - 1217 Doc Type: RESO RECORDING: $35.50 public hearing for April 17, 2007 at 6 p.m. or thereafter, as soon as possible, regarding the revocation or the modification of Resolution No. 92-254. 7. On April 17, 2007, the Board of County Commissioners having heard comments and received evidence regarding the revocation or modification of the Conditional Use permit continued the public hearing to May 15, 2007 at 6 p.m., or as soon thereafter as possible. 8. On May 15, 2007, the Board of County Commissioners having heard comments, received evidence and argument of counsel, on the revocation or modification of the Conditional Use Permit, continued the public hearing to a date uncertain. It was the consensus of the Board to have the Chairman of the Board meet with the representatives to attempt to produce a compromise and come back with an outcome. 9. On June 22, 2007, a meeting was held of the interested parties, the owner, and County staff and a consensus reached to allow certain activities to proceed on a trial basis. 10. On July 3, 2007, the Board of County Commissioners approved staff recommendation to define Special Events and set guidelines during the next 90 days at the Mellon Patch Inn for seven (7) events through September 2007 and set a public hearing for October 16, 2007 at 6 p.m., or as soon thereafter as possible. The guidelines were outlined in a July 13, 2007 letter from the Assistant County Administrator, Faye Outlaw, to Mrs. Cathy Townsend. 11. On October 16, 2007, the Board of County Commissioners having heard comments regarding the revocation or modification of the Conditional Use Permit continued the public hearing to November 6, 2007 at 6 p.m., or as soon thereafter as possible. 12. Based on the evidence, the Property has violated conditions imposed upon approval of Resolution No. 92-254, complaints by neighbors were received and proof of adverse effect on adjacent properties was provided to the Board. 13. Based on the evidence, the Mellon Parch Inn as operated by Cathy Townsend has an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking and other matters affecting the public health, safety, and general welfare. 14. The establishment is being operated so as to interfere with the use of neighboring property in accordance with applicable district regulations. 15. As a secondary reason for revocation, the Board finds the conditional use was discontinued for a period of twelve consecutive months. 16. Revocation is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 17. All affected parties were provided notice of the hearings and an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.07.05 of the St. Lucie County Land Development Code, the Board of County Commissioners revokes the conditional use permit for the operation of the Bed and Breakfast Inn in the HIRD (Hutchinson Island Residential District) for the property described in Section D below as there was a complaint and proof of adverse effect on adjacent properties, character of the neighborhood, traffic conditions, parking, noise and other matters affecting the public health, safety and general welfare. The conditional use granted by Resolution No. 92-254 shall be revoked effective May 5, 2008. B. Until May 5,2008, the Property shall be allowed to continue to operate as a Bed and Breakfast only if the owner complies with the guideline from the July 3, 2007, Board of County Commissioner hearing and the July 13, 2007 letter from Assistant County Administrator, Faye Outlaw. C. The Property, which is the subject of this resolution, is described as follows: Tract A, COASTAL COVES UNIT NO.1, according to the Plat thereof, recorded in Plat Book 10, Page 71, Public Records of St. Lucie County location: 3601 North Highway A 1 A Property Tax ID #1423-802-0001-000/1 E. Notification of the Board of County Commissioners' decision shall be mailed to all parties, and the decision shall be filed with the Department of Growth Management in accordance with Section 11.00.04(F). After a motion and second, the vote on this resolution was as follows: Chairman Chris Craft Vice-chairman Joseph E. Smith NAY AYE ~, -'. ;. ~~~, PASSED AND DULY ADOPTED this 6th day of Novemb~~~~J~07:; ':',' >~ '. \. ..':f BOARD OF COUNTY' 'tÇ\~Î$~;tÇ?NEii~. ATTEST: ST. LU C UNTY, F '<15'~' v '¡""',¡ \''ì, Commissioner Paula A. Lewis Commissioner Doug Coward Commissioner Charles Grande NA.Y AYE ,~ AYE BY: APPROVED AS TO FORM AND CORRECTNESS: BY: A5f, /tV County Attorney