HomeMy WebLinkAbout08-013 BOA
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 321880106/12/2008 at 08:55 AM
OR BOOK 2983 PAGE 1572 - 1576 Doc Type: RESO
RECORDING: $44.00
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BOARD OF ADJUSTMENT
RESOLUTION NO. 08-013
File No,: BA-220081412
A RESOLUTION GRANTING 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, Shepherd and Patricia Richard. presented a petition for a Variance from the Provisions of
Section 7,04,01(Table 7-10), of the St. Lucie County Land Development Code, to permit
continued use of a swimming pool screen enclosure that encroaches a maximum of 1 foot
into the minimum side setback of 5 foot required in the PUD (Planned Unit Development)
Mystic Pines Zoning District. The subject project is located within the Mystic Pines at "The
Reserve DRI", for the property depicted on the attached maps as Exhibit "A" and described
below,
2, On May 28, 2008, this Board of Adjustment held a public hearing on the petition,
after publishing a notice of such hearing and notifying by mail all owners of property
within 500 foot of the subject property,
3, 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 met the standards of review as set forth in Section
10.01.02, Sf. Lucie County Land Development Code and is not in conflict with the
goals, objectives, and policies of the Sf. Lucie County Comprehensive Plan,
because:
1, The variance granted is the minimum variance that will make possible the
reasonable use of the land, structure, or building,
2. The variance granted will not have adverse impacts to other property or
improvements in the neighborhood.
3, The variance granted meets the general spirit and intent of the Sf. Lucie
County Land Development Code and the St, Lucie County Comprehensive
Plan.
File No.: BA-220081412
Page 1
BA Resolution No. 08-013
May 28, 2008
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NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. Shepherd and Patricia Richard, presented a petition for a Variance from the Provisions of
Section 7,04,01 (Table 7-10), of the St. Lucie County Land Development Code, to permit
continued use of a swimming pool screen enclosure that encroaches a maximum of 1 foot
into the minimum side setback of 5 feet required in the PUD (Planned Unit Development)
Mystic Pines Zoning District, subject to the following conditions:
1, Prior to issuance of any pool permit, the property owner, his successors or assigns is
required to provide an approval letter from the Home Owner Association,
2. Prior to issuance of any permit, the property owner, his successors or assigns is required
to provide a letter of no objection to the requested variance from the adjacent property to
the south,
B. The property on which this variance is being granted is described as follows:
Lot 29, Mystic Pines at The Reserve, according to the Plat thereof as recorded in the
Plat Book 34, Pages 4 through 4A, of the Public Records of St. Lucie County, Florida.
(0.26 AC)
(Tax 10#: 3322-620-0034-000/9)
(Location:
7305 Mystic Way)
C, This variance shall expire twelve months from the date of adoption unless a building
permit is approved or an extension is granted in accordance with Section 10.01.06,
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
ABSENT
Commissioner Diane Andrews
AYE
Commissioner Richard Pancoast
AYE
File No.: BA-220081412
Page 2
BA Resolution No, 08-013
May 28, 2008
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PASSED AND DULY ADOPTED This 28th day of May, 2008,
~J) A...,xz ie ~ 7~..
Secretary
ATTEST:
OF ADJUSTMENT
COUN~Y, FLORIDA
APPROVED AS TO FORM
AND CORRECTNESS:
~
f ..
Ass!. C y Attorney
aa
G:\Planning\PROJECT FILES\Shepherd and Patricia Richard\BOA\BA 08-013 Resolution_Shepherd and Patricia Richard.doc
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File No.: BA-220081412
Page 3
BA Resolution No. 08-013
May 28, 2008
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A petition of Shepherd and Patricia Richard for a Variance from the Provisions of Section 7.04,01 (Table 7-10) of the St. Lucie
County Development Code to permit continued use of a swimming pool screen enclosure that encroaches a maximum of 1 foot
intio the minimum side setback of 5 foot required in the PUD (Planned Unit Development) Mystic Pines Zoning District.
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