HomeMy WebLinkAbout08-012 BOA
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EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT lUCIE COUNTY
FILE # 3209606 OS/20/2008 at 04:15 PM
OR BOOK 2975 PAGE 1774 - 1779 Doc Type: RESO
RECORDING: $52.50
BOARD OF ADJUSTMENT
RESOLUTION NO. 08-012
File No.: APP 220081416
A RESOLUTION AFFIRMING A DECISION BY AN
ADMINISTRATIVE OFFICIAL TO DENY THE REQUEST
TO DEMOLISH CERTAIN HISTORIC STRUCTURES
LOCATED AT 13377 AND 13455 SOUTH INDIAN RIVER
DRIVE 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. Mr. Robert S. Raynes, Jr., with Gunster, Yoakley &Stewart, P.A., on behalf of Mr.
Jeff West, presented a petition to appeal the decision of the St. Lucie County Growth
Management Director, Mark Satterlee, who denied the request to demolish certain
Historic Structures located at 13377 and 13435 South Indian River Drive, depicted
on the attached maps as Exhibit "A" and described below.
2. On March 26, 2008, 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. 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 respect to the
provisions of the Land Development Code of St. Lucie County Section 12.04.01 (B),
the Board of Adjustment moved to grant the reversal of the decision of the Growth
Management Director with respect to the provisions of Section 4.11.01 of the Land
Development Code and made following determination:
A. The appeal is granted. There is substantial competent evidence the decision
being appealed fails to comply with the code as the property has been severely
compromised by non-historic features and additions. The buildings are in a
deteriorated state and do not meet the criteria for eligibility established by the
National Register of Historic Places.
B. There is substantial competent evidence that the structures have had the
physical integrity of the buildings so intensely compromised they are no longer a
representation of the buildings at their prior time.
C. The appeal granted meets the general spirit and intent of the St. Lucie County
File No.: APP 220081416
Page 1
BA Resolution No. 08-012
March 26, 2008
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Land Development Code and the St. Lucie County Comprehensive Plan.
Pursuant to the requirements of Section 4.11.00 Historic Preservation of the Sf.
Lucie County Land Development Code and the Petitioner's Changes to Historic
Structures Application, dated April 26, 2007, the appeal granted meets the
general spirit and intent of the Sf. Lucie County Land Development Code and
Comprehensive Plan.
D. The Petitioner may proceed with the demolition of the 2-story structure known as
the 'Plantation House' and the structures attached to it, and the structure known
as the 'Caretaker's Cottage' may proceed accordingly, provided that all
applicable permits have been obtained prior to the initiation of any demolition.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St.
Lucie County, Florida:
Mr. Robert S. Raynes, Jr., with Gunster, Yoakley & Stewart, P.A., on behalf of Mr.
Jeff West, presented a petition to appeal the decision of the St. Lucie County Growth
Management Director, Mark Satterlee, who denied the request to demolish certain
Historic Structures located at 13377 and 13435 South Indian River Drive, depicted
on the attached maps as Exhibit "A" and described as follows:
COMMENCING AT A COQUINA ROCK MONUMENT MARKING THE NORTHEAST
CORNER OF GOVERNMENT LOT 3, IN SECTION 9, TOWNSHIP 37 S, RANGE 41 E, ST.
LUCIE COUNTY, FLORIDA, RUN NORTH 89 DEGREES 06 MIN WEST, 130 FEET;
THENCE NORTH 20 DEGREES 52 MIN WEST, 76.53 FEET TO A CONCRETE
MONUMENT AND THE POINT OF BEGINNING OF THE LANDS HEREIN DESCRIBED:
FROM SAID POINT OF BEGINNING RUN NORTH 71 DEGREES 50 MIN EAST, 319.88
FEET TO THE WESTERLY SHORE OF INDIAN RIVER; THENCE MEANDERING THE
WESTERLY SHORE OF INDIAN RIVER, RUN NORTH 30 DEGREES 01 MIN WEST,
154.95 FEET; THENCE SOUTH 61 DEGREES 05 MIN WEST, 297.00 FEET; THENCE
SOUTH .20 DEGREES,52 MIN EAST, 96.36 FEET TO THE POINT OF BEGINNING;
LESS AND EXCEPTING THEREFROM A 30 FOOT RIGHT OF WAY FOR INDIAN RIVER
DRIVE, SAID LANDS LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA.
METES AND BOUND TRACT 22
A PARCEL OF LAND LYING IN SECTION 9, TOWNSHIP 37 SOUTH, RANGE 41 EAST
ST.LUCIE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF GOVERNMENT LOT 3 THENCE S 88
DEGREES 43'13" E ALONG THE NORTH LINE OF GOVERNMENT LOT 3 A DISTANCE
OF 130.43 FEET; THENCE N 20 DEGREES 28'35" W AND DEPARTING SAID NORTH
LINE OF GOVERNMENT LOT 3 A DISTANCE OF 76.26 FEET TO THE POINT OF
BEGINNING AND THE SOUTHERLY PROPERTY LINE OF THE FOLLOWING
DESCRIBED PARCEL; THENCE ALONG SAID SOUTHERLY PROPERTY LINE N 72
File NO.:APP 220081416
Page 2
BA Resolution No. 08-012
March 26, 2008
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1 DEGREES 13'24" E A DISTANCE OF 271.09 FEET TO A POINT ON THE WEST SIDE OF
2 INDIAN RIVER DRIVE (SR 707); THENCE CONTINUE N 72 DEGREES 13'24" E ALONG
3 SAID SOUTHERLY PROPERTY LINE A DISTANCE OF 78.29 FEET TO A POINT ON THE
4 WESTERLY MEAN HIGH WATER LINE OF INDIAN RIVER AS LOCATED ON MAY 24,
5 2005; THENCE ALONG SAID MEAN HIGH WATER LINE N 28 DEGREES 17'37" W A
6 DISTANCE OF 53.40 FEET; THENCE N 33 DEGREES 15'58" W A DISTANCE OF 46.24
7 FEET; THENCE N 32 DEGREES 57'38" W A DISTANCE 61.28 FEET TO A POINT OF
8 INTERSECTION OF THE SAID MEAN HIGH WATER LINE AND THE NORTHERLY
9 PROPERTY LINE; THENCE ALONG SAID NORTHERLY PROPERTY. LINE S
10 61 DEGREES 29'32" W A DISTANCE OF 71.55 FEET TO A POINT ON THE WESTERLY
11 SIDE OF INDIAN RIVER DRIVE (SR 707); THENCE CONTINUE S 61 DEGREES 29'32" W
12 ALONG SAID PROPERTY LINE A DISTANCE OF 250.34 FEET; THENCE S 20 DEGREES
13 46'40" E A DISTANCE OF 96.39 FEET TO THE POINT OF BEGINNING.
14
15 CONTAINING 42890.0 sq.ft. AND OR 0.98 ACRES
16
17
18 PARCEL 1:
19
20 THE SOUTHERLY 35.0 FEET (MEASURED AT A RIGHT ANGLE TO THE SOUTHERLY
21 LINE OF THE FOLLOWING PROPERTY):
22 BEGINNING AT A CONCRETE MONUMENT IN THE EAST RIGHT OF WAY ,LINE OF THE
23 FLORIDA EAST COAST RAILWAY COMPANY, AND THE SOUTH LINE OF LANDS
24 CONVEYED BY JOS. CASPER AND LAURA H. CASPER TO HENRY L. FREEMAN AND
25 RUTH H. W. FREEMAN, IN SECTION 9, TOWNSHIP 37 SOUTH, RANGE 41 EAST, ST.
26 LUCIE COUNTY, FLORIDA, PUBLIC RECORDS; RUN THENCE NORTH 64 DEGREES 42'
27 EAST, ALONG THE BOUNDARY COMMON TO FREEMAN AND MERWIN 559.13 FEET
28 TO A CONCRETE MONUMENT ON THE WEST SIDE OF INDIAN RIVER DRIVE; THENCE
29 CONTINUE NORTH 64 DEGREES 42' EAST, 39 FEET TO THE WEST SHORE LINE OF
30 INDIAN RIVER; THENCE MEANDERING THE WEST SHORE OF INDIAN RIVER RUN
31 NORTH 18 DEGREES 37'30" WEST, 208.01 FEET TO THE NORTH LINE OF AFORESAID
32 FREEMAN LAND; THENCE SOUTH 64 DEGREES 01'11" WEST ALONG SAID NORTH
33 LINE 43 FEET TO A PIPE CORNER ON THE WEST SIDE OF INDIAN RIVER DRIVE;
34 THENCE CONTINUE SOUTH 64 DEGREES 01'11 "WEST ALONG THE NORTH LINE OF
35 SAID FREEMAN LAND, 598.97 FEET, TO A CONCRETE MONUMENT ON THE EAST
36 RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY COMPANY, THENCE;
3 7 SOUTHEASTERLY ALONG SAID RIGHT OFWAY ON A 1.9657 DEGREES CURVE TO
38 RIGHT (CHORD BRG. SOUTH 30 DEGREES 41'30" EAST), 200.0 FEET TO THE POINT
39 OF BEGINNING; EXCEPTING RIGHT OF WAY FOR INDIAN RIVER DRIVE.
40
41 PARCEL 2:
42
43 FROM A COQUINA ROCK MONUMENT AT THE NORTHEAST CORNER OF
44 GOVERNMENT LOT 3, ,RUN NORTH 311.9 FEET TO A POINT; THENCE RUN NORTH 26
45 DEGREES OO'WEST 84 FEET TO A POINT OF BEGINNING; THENCE RUN SOUTH 64
46 DEGREES OO'WEST 185.8 FEET; THENCE RUN SOUTH 65 DEGREES 40'WEST 324
47 FEET TO THE EAST RIGHT OF WAY OF THE FLORIDA EAST COAST RAILWAY;
4 8 THENCE RUN NORTHWESTERL Y ALONG SAID EAST RIGHT OF WAY 378.8 FEET;
49 THENCE RUN NORTH 64 DEGREES 42"EAST 609 FEET TO THE WEST SHORE OF THE
File No.: APP 220081416
Page 3
BA Resolution No. 08-012
March 26, 2008
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1 INDIAN RIVER; THENCE RUN SOUTH 20 DEGREES 40'EAST ALONG RIVER 377.4
2 FEET; THENCE RUN SOUTH 64 DEGREES OO'WEST 62.7 FEET TO THE POINT OF
3 BEGINNING. LESS AND EXCEPT ROAD RIGHT OF WAY. SAID LAND LYING IN
4 SECTION 9, TOWNSHIP 37 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA.
5 PARCEL 3:
6
7 FROM THE NORTHEAST CORNER OF GOVERNMENT LOT 3 RUN NORTH 89
8 DEGREES 08'WEST 130 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
9 NORTH 89 DEGREES 06'WEST 292.83 FEET, MORE OR LESS, TO THE EAST RIGHT OF
1 0 WAY OF THE FLORIDA EAST COAST RAILROAD; THENCE RUN NORTHWESTERLY
11 ALONG SAID EAST RIGHT OF WAY 185 FEET, MORE OR LESS, TO THE SOUTH LINE
12 OF EDENLAWN PLANTATION, INC.; THENCE RUN NORTH 65 DEGREES 40'EAST 324
13 FEET; THENCE RUN NORTH 64 DEGREES EAST 270.5 FEET, MORE OR LESS, TO
14 THE WEST SHORE OF THE INDIAN RIVER; THENCE RUN SOUTHERLY ALONG WEST
15 SAID SHORE 120 FEET, MORE OR LESS; THENCE RUN SOUTH 61 DEGREES 05'WEST
16 310 FEET, MORE OR LESS; THENCE RUN SOUTH 20 DEGREES 52' EAST 172.89 FEET
1 7 TO THE POINT OF BEGINNING. LESS AND EXCEPT ROAD RIGHT OF WAY FOR
18 STATE ROAD 707. SAID LAND LYING IN SECTION 9, TOWNSHIP 37 SOUTH, RANGE 41
19 EAST, ST. LUCIE COUNTY, FLORIDA.
20
21 METES AND BOUND (PARCEL 1, 2 AND 3)
22
23 A PARCEL OF LAND LYING IN SECTION 9, TOWNSHIP 37 SOUTH, RANGE 41 EAST
24 ST.LUCIE COUNTY,FLORIDA BEING MORE PARTICULARY DESCRIBED AS
25 FOLLOWS:
26 COMMENCE AT THE NORTHEAST CORNER OF GOVERNMENT LOT 3 THENCE S 88
27 DEGREES 43'13" E ALONG THE NORTH LINE OF GOVERNMENT LOT 3 A DISTANCE
28 OF 130.43 FEET TO THE POINT OF.BEGINNING OF THE FOLLOWING DESCRIBED
29 PARCEL: THENCE CONTINUING ALONG SAID GOVERNMENT LOT LINE S 88
30 DEGREES 43'13" E A DISTANCE OF 292.18 FEET TO A POINT ON THE EASTERLY
31 RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY COMPANY: THENCE N
32 24 DEGREES 34'03" W ALONG SAID EAST RIGHT OF WAY A DISTANCE OF 290.35
33 FEET TO A POINT OF CURVATURE OF A SPIRAL CURVE CONCAVE TOTHE WEST
34 WITH A SPIRAL DELTA OF 2 DEGREES 12'30" AND A RADIUS OF 2724.23 FEET;
35 THENCE ALONG SAID SPIRAL CURVE 210.00 FEET TO A POINT OF A CIRCULAR
36 CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 6520.39 FEET THROUGH A
37 CENTRAL ANGLE OF 0 DEGREES 50'47"; THENCE ALONG THE ARC OF SAID CURVE
38 A DISTANCE OF 96.33 FEET TO THE NORTHERLY PROPERTY LINE AND THE RIGHT
39 OF WAY OF THE FLORIDA EAST COAST RAILWAY COMPANY; THENCE N 65
40 DEGREES 06'45" E AND LEAVING SAID RIGHT OF WAY A DISTANCE OF 564.51 FEET
41 TO A POINT ON THE WEST SIDE OF INDIAN RIVER DRIVE (SR 707); THENCE
42 CONTINUING ALONG SAID NORTHERLY PROPERTY LINE N 65 DEGREES 06'45" E A
4 3 DISTANCE OF 64.82 FEET TO A POINT ON THE WESTERLY MEAN HIGH WATER LINE
44 AS LOCATED ON APRIL 06,2005; THENCE SOUTHERLY ALONG SAID MEAN HIGH
45 WATER LINE S 15 DEGREES 08'19" E A DISTANCE OF 8.04 FEET; THENCE S 14
46 DEGREES 37'54" E A DIST Ar-4CE OF 49.07 FEET; THENCE S 19 DEGREES 23'56" E A
47 DISTANCE OF 49.35 FEET; THENCE S 15 DEGREES 35'34" EA DISTANCE OF 54.61
48 FEET; THENCE S 15 DI;GREES 10'40" E A DISTANCE OF 56.41 FEET; THENCE S 21
49 DEGREES 01'00" E A DISTANCE OF 109.83 FEET; THENCE S 19 DEGREES 24'48" E A
File No.: APP 220081416
Page 4
BA Resolution No. 08-012
March 26, 2008
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DISTANCE OF 52.63 FEET; THENCE S 30 DEGREES 23'56" E A DISTANCE OF 53.42
FEET; THENCE S 35 DEGREES 23'16" E A DISTANCE OF 55.32 FEET; THENCE S 29
DEGREES 51 '11" E A DISTANCE OF 48.59 FEET TO A INTERSECTION OF SAID MEAN
HIGH WATER LINE AND THE SOUTHERLY PROPERTY LINE; THENCE LEAVING SAID
MEAN HIGH WATER LINE S 61 DEGREES 29'32" W A DISTANCE OF 71.55 FEET TO A
POINT ON THE WEST SIDE OF INDIAN RIVER DRIVE (SR 707); THENCE CONTINUING
ALONG SAID PROPERTY LINE S 61 DEGREES 29'32" E A DISTANCE OF 250.34 FEET;
THENCE S 20 DEGREES 38'31" E A DISTANCE OF 172.49 FEET TO THE POINT OF
BEGINNING.
CONTAINING 354179.3 sq.ft. AND/OR 8.1 ACRES
B. The petition to overturn the decision of the St. Lucie County Growth Management
Director, Mark Satterlee, who denied the request to demolish certain Historic
Structures located at 13377 and 13435 South Indian River Drive, is hereby Qranted.
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
Commissioner Diane Andrews
AYE
Commissioner Richard Pancoast
AYE
PASSED AND DULY ADOPTED This 26th Day of March 2008.
ATTEST:
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Secretary
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APPROVED AS TO FORM
AND CORRECTNESS:
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Asst. County Attorney
File No.: APP 220081416
Page 5
BA Resolution No. 08-012
March 26, 2008
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Petition #APP-220081416
A petition of Jeff West to appeal the decision of the St. Lucie County Growth Management
Director, Mark Satterlee, who denied the request to demolish certain Historic Structures
located at 13377 and 13435 South Indian River Drive. Such appeal is authorized,
pursuant to Section 4.11.01 (F) of the St. Lucie County Land Development Code.
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EXHIBIT U AI
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D Subject property
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Map prepared March 4, 2008