HomeMy WebLinkAbout07-007 BOA (2)
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EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3209605 OS/20/2008 at 04:15 PM
OR BOOK 2975 PAGE 1771 -1773 Doc Type: RESO
RECORDING: $27.00
BOARD OF ADJUSTMENT
RESOLUTION NO. 07-007
File No.: BA-06-028
A RESOLUTION AFFIRMING A DECISION BY AN ADMINISTRATIVE
OFFICIAL TO RESCIND THE PERMIT TO CONSTRUCT A FENCE LOCATED
AT 1298 NETTLES BLVD. FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY,
FLORIDA
VVHEREAS, 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 deterrninations:
1. Mr. Leif J. Grazi, with Grazi and Gianino, on behalf of Edward and Joan Harrington,
presented a petition to appeal the decision of the Building Official, who rescinded the
permit to construct a fence located at 1298 Nettles Blvd., depicted on the attached
maps as Exhibit "A" and described below.
2. On April 25, 2007, this Board held a publichearing 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. After cOnsideration of the testimony and evidence presented during the public
hearing, including staff comments, agenda package and the standards of review to
be utilized by this Board on matters involving a decision, order, determination or
interpretation of any administrative official of the County with r~spect to the provision
of the Land Development Code of St. Lucie County Section 12.04.01 (B), the Board
of Adjustment moved to deny the reversal of the decision of the Building Official with
respect to the provisions of Section 7.1 0.16(Q)(1 )(a)(1 )(b) of the Land Development
Code and made the following determination:
A. The appeal is denied. There is not substantial competent evidence in the
record that an error was made in the decision to rescind the permit to
construct a fence on the certain property described herein.
B. The appeal did not meet the general spirit and intent of the St. Lucie County
Land Development Code and the St. Lucie County Comprehensive Plan.
NOW THEREFORE, BE IT resolved by the Board of Adjustment of St. Lucie County,
Florida:
A. Mr. Leif J. Grazi, with Grazi & Gianino, on behalf of Edward and Joan
Harrington, presented a petition to appeal the decision of the Building
Official, who rescinded the permit to construct a fence located at 1298
Nettles Blvd., depicted on the attached maps as Exhibit "A" and described as
follows:
File No.: BA-620071237
Page 1
BA Resolution No. 07-015
November 28, 2007
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Parcel 1298, Nettles Island Project, as recorded in Plat Book 16, Pages 1,
1A through 1J, Public Records of St. Lucie County, Florida.
B. The petition to overturn the decision of the St. Lucie County Building Official
who rescinded the perrnitto construct a fence located at 1298 Nettles Blvd.
is hereby denied.
After motion and second, the vote on this resolution was as follows:
Chairman Ron Harris Aye
Vice-Chairman Bob Bangert Aye
Commissioner Diane Andrews Aye
Cornmissioner Larry Storrns Aye
Commissioner Buddy Emerson Aye
PASSED AND DULY ADOPTED This 9th day of May, 2007.
ATTEST:
BOARD OF ADJUSTMENT
s~. OUNTY. FL~RIDA
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Chairman
,;7tG--4 ~1 'U~-' 7 ~",?,~ Lo-.
. Secretary
APPROVED AS TO FORM
AND CORRECTNESS:
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Asst. County . rney
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H:\BOARDOFADJUSTMENT/6645 North US 1/BA 07-015 BOAResolution.doc
FileNo.: BA-620071237
Page 2
BA Resolution No. 07-015
November 28, 2007
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A petition of Edward and Joanne Harrington to appeal the decision by an administrative
official with respect to the provisions of the St. Lucie County Land Development Code
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EXHIBIT · . a
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SA 06-028
Legend
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Map prepared January 11, 2007