HomeMy WebLinkAbout08-030 BOA
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BOARD OF ADJUSTMENT
RESOLUTION NO. 08-030
File No.: SA 1020081527
A RESOLUTION APPROVING 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. Florida Power & Light Company for a Variance from the Provisions of Section
7.04.01 (A)(Table 7-10), of the St. Lucie County Land Development Code to allow
a maximum building height of just under 47 feet which is 7 feet greater than the
40 feet maximum building height allowed in the (U) Utilities Zoning District.
2. On October 22, 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. The petitioner was provided notice of the hearing and presented his position
through his agent to the Board.
4. 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 meets 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:
A. The denial of the requested variance would result in unnecessary
hardship for the owner and is not a mere inconvenience.
B. The granting of the requested variance would not impair or
otherwise injure other property or improvements in the area in
which the subject property is located.
C. The requested variance does arise from a condition that is unique
and peculiar to the land, building and structures rather it is not
caused by the requested use which is the minimum variance that
will make possible the reasonable use of the land, building or
structures.
Resolution No. 08-030
Page 1
File No.: BA 102001527
October 22, 2008
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D. The requested variance meets 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 St. Lucie
County, Florida:
A. Florida Power & Light Company requested a Variance from the Provisions of
Section 7.04.01 (A)(Table 7-10), of the St. Lucie County Land Development Code
to allow a maximum building height of just under 47 feet which is 7 feet greater
than the 40 feet maximum building height allowed in the (U) Utilities Zoning
District for the property depicted on the attached maps as Exhibit "A" and
described as follows:
8/09/15/16/17/21/223641 ALL FRACT SECS 8 AND 9 LYG W OF A1A-LESS
N 436.71 FT- AND ALL FRACT SEC 9 L YG E OF A1A-LESS N 736.71 FT-
AND ALL FRACT SEC 15 AND FRACT SEC 16-LESS AS IN OR 346-2123
AND OR 400-2820- AND FRACT SEC 17-LESS A1A- AND THAT PART OF
FRACT SECS 21 AND 22 L YG N OF LI THAT IS 9043.31 FT N OF S LI OF
SEC 27-LESS A1A- (591.70 AC)
Parcel Contains 591.70 acres more or less.
Above described lands situate, lying and being in St. Lucie County, Florida.
B. Based on the evidence presented, this variance request is approved. An appeal
from the Board of Adjustment's action may be processed in accordance with
Section 10.01.07, of the St. Lucie County Land Development Code.
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.
File No.: BA 102001527
October 22, 2008
Resolution No. 08-030
Page 2
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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
PASSED AND DULY ADOPTED This 22nd day of October, 2008.
BOARD OF ADJUSTMENT
ATTEST:
ST. LUCIE COUNTY, FLORIDA
~~
Chairman
'J/' - ~
~.b-:?"Z.L.L!-d<./ /~
Secretary
APPROVED AS TO FORM
AND CORRECTNESS:
Ilk
Asst. County Attorney
File No.: BA 102001527
October 22, 2008
Resolution No. 08-030
Page 3
"
BA-1020081527
. A petition of Florida Power & Light Company for a Variance from the Provi f
Section 7.04.01 (A)(Table7-10) of the S1. Lucie County Land Development Code to
allow a maximum building height of 47 feet which is 7 feet greater than the 40 feet
maximum building height allowed in the (U) Utilities Zoning District
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Map prepared October 6, 2008