HomeMy WebLinkAbout08-027 BOA
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BOARD OF ADJUSTMENT
RESOLUTION NO. 08-027
File No.: BA-720081499
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. James Nola. 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 the
construction of a new swimming pool and patio that encroaches a maximum 5.5 feet
into the minimum rear setback of 15 feet required in the RS-3 (Residential, Single
family - 3du/acre) Zoning District, for the property depicted on the attached maps as
Exhibit "A" and described below.
2. On November 26, 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 feet 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, St. Lucie County Land Development Code and is not in
conflict with the goals, objectives, and policies of the St. 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. Rear
of the single family has direct access to the pool. The Stormwater
Management Tract will provide a buffer between pool and residences
to the north and proposed pool will not have any adverse impact to
adjoining properties.
2. The variance granted will not have adverse impacts to other property
or improvements in the neighborhood. Property Owner Association
(POA) has issued a letter of no objection to the requested variance.
EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 329125812/17/2008 at 04:02 PM
OR BOOK 3043 PAGE 2268 - 2272 Doc Type: RESO
RECORDING: $44.00
BA Resolution No. 08-027
November 26, 2008
File No.: BA-72008149
Page 1
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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.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. James Nola. 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 the
construction of a new swimming pool and patio that encroaches a maximum of 5.5
feet into the minimum rear setback of 15 feet required in the RS-3 (Residential,
Single family - 3du/acre) Zoning District.
B. The property on which this variance is being granted is described as follows:
Lot 10, Eventide Unit Two, as recorded in Plat Book 34, Page 5, Public Records of
St. Lucie County, Florida.
(TaxID#: 4424-808-0005-000/9)
(Location: 3306 Eventide Place, Stuart FL)
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
Absent
Commissioner Buddy Emerson
Absent
Commissioner Diane Andrews
AYE
Commissioner Richard Pancoast
AYE
File No.: BA-720081499
Page 2
BA Resolution No. 08-027
November 26, 2008
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PASSED AND DULY ADOPTED This 26th day of November, 2008.
BOARD OF ADJUSTMENT
ATTEST:
ST. LUCIE COUNTY, FLORIDA
~ """"""'<1,<.'.'".~ / <l<.---.2/)......
Secretary
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Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
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Asst. County-Attorney
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G:\Planning\PROJECT FILESlNola, James\BOA\BA 08-027 Resolution_Nola, James.doc
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File No.: BA-720081499
Page 3
BA Resolution No. 08-027
November 26, 2008
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BA-720081499
A petition of James Nola for a Variance from the Provisions of Section 7.04.01 (Table 7-10)
of the S1. Lucie County Land Development Code to permit the construction of a new
swimming pool and patio that encroaches a maximum of 5.5 feet into the minimum rear
setback of 15 feet required in the RS-3 (Residential, Single Family-3 du/acre) Zoning District
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Map prepared November 4, 2008