HomeMy WebLinkAbout08-028 BOA
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BOARD OF ADJUSTMENT
RESOLUTION NO. 08-028
File No. APP920081521
A RESOLUTION REVERSING A DECISION BY THE ST.
LUCIE COUNTY BUILDING OFFICIAL TO GRANT PERMIT
0808-0066 FOR NEW CONSTRUCTION OF A FOUNDATION
FOR A TRUCK SCALE AT ALLIED NEW TECHNOLOGIES,
INC. FACILITY LOCATED AT 9545 AND 9549 RANGE LINE
ROAD, FORT PIERCE, 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. Harold Melville, with Melville & Sowerby, P.A., on behalf of Florida Tire
Recycling, Inc, (UFTR"), presented a petition to appeal the decision of the St.
Lucie County Building Official, Chris Lestrange, who issued Permit 0808-0066 for
new construction of a foundation for a truck scale, issued August 18, 2008;
Permit 0808-0198 for installation of a temporary construction trailer, issued
August 22, 2008; and Permit 0808-0199 for installation of a temporary power
pole for the temporary construction trailer, issued August 22, 2008.
The appeal from the issuance of these three permits is based upon two (2)
conditions of the Major Adjustment to the Major Site Plan approval contained in
the Board of County Commissioners' Resolution No, 07-135 (attached), which
read as follows:
A. A condition of site plan approval shall be that all relevant regulatory
agencies, including the St. Lucie County Fire District, St. Lucie County
Environmental Resources Department, Treasure Coast Regional Planning
Council and Department of Environmental Protection shall have approved
of the hazardous/flammable material management protections and
emergency response plans for the expanded facility prior to issuance of a
Building Permit for the new facility. The plans must include protections
and emergency response plans for both the construction phase and the
operation phase of the facility, meeting OSHA and other regulatory
requirements.
B. The Major Site Plan approval granted under this Resolution is specifically
conditioned to the requirement that the petitioner, Allied New Technology,
File No. APP-920081521
November 26,2008
Resolution No. 08-028
Page 1
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 330034601/14/2009 at 01:52 PM
OR BOOK 3051 PAGE 1671 - 1682 Doc Type: RESO
RECORDING: $103.50
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including any successors in interest, shall obtain all necessary permits
and authorizations from the appropriate Local, State, and Federal
regulatory authorities prior to the issuance of any local building permits or
authorizations to commence development activities on the property.
The legal description of the property owned by Allied New Technology is:
ParceIID#: 4201-111-0001-000/7
1 3738 BEG AT NE COR OF SEC, TH S 0 DEG 01 MIN 30 SEC W ALG E SEC
L11907.78 FT, TH N 89 DEG 58 MIN 30 SEC W 696,98 FT, TH NO DEG 01
MIN 30 SEC E 1210.91 FT TO SLY R/W FEC RR, TH N 44 DEG 46 MIN 36
SEC E ALG SD SLY R/W 981.47 FT MIL TO N SEC L1, TH E ALG SD N LI 6 FT
MIL TO POB-LESS THAT PART OF NE 1/4 SEC 1 MPDAF: BEG AT NE COR
OF SEC 1, TH RUN S 00 DEG 00 MIN 54 SEC W ALG E LI OF SEC 1400.17
FT, TH N 89 DEG 59 MIN 06 SEC W 337.3 FT, TH N 05 DEG 21 MIN 13 SEC E
142.47 FT, TH N 44 DEG 46 MIN 00 SEC E 130.27 FT, TH N 00 DEG 00 MIN
54 SEC E 937.46 FT TO SLY R/W LI FEC RR, TH RUN NEL Y ALG SLY R/W
329,97 FT TO E LI SEC 1, TH S 00 DEG 09 MIN 38 SEC E ALG SD SEC LI
5,98 FT TO POD- (17.83 AC)(OR 421-1078: 756-2922)
On October 22, 2008, this Board opened a public hearing on the appeal, after
publishing a notice of such hearing and notifying by mail all owners of property
within 500 feet of the subject property. The Board granted the request of Allied
New Technologies, Inc. ("Allied") to continue the hearing to November 26,2008,
On November 26, 2008, this Board held a public hearing on the appeal. At the
hearing, the Petitioner, Florida Tire Recycling, Inc. withdrew the appeal of Permit
080-0198 and Permit 0808-0199.
Petitioner did not present evidence of any lack of approvals required by A(2) of
Resolution No. 07-135 concerning emergency response plan,
After argument of counsel, consideration of the testimony and evidence
presented during the public hearing, including staff comments, agenda package
and 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 St. Lucie County Building Official with respect to
the issuance of Permit 0808-0066 for new construction of a foundation for a
File No, APP-920081521
November 26, 2008
Resolution No. 08-028
Page 2
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truck scale at Allied New Technologies, Inc. facility located at 9545 and 9549
Range Line Road and made the following determinations:
A. There is substantial competent evidence in the record that an error was
made in the issuance of Permit 0808-0066, foundation for a truck scale as
all necessary permits had not been obtained as is a condition of
Resolution No. 07-135(0):
B. The Major Site Plan approval granted under this Resolution is specifically
conditioned to the requirement that the petitioner, Allied New Technology,
including any successors in interest, shall obtain all necessary permits
and authorizations from the appropriate Local, State, and Federal
regulatory authorities prior to the issuance of any local building permits or
authorizations to commence development activities on the property
described in Part B.
C, There is substantial competent evidence that an error was made by the
Building Official on August 18, 2008, in issuing Permit 0808-0066 as all
necessary state permits had not been obtained prior to issuance of any
local building permits,
File No. APP-920081521
November 26, 2008
Resolution No. 08-028
Page 3
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of S1. Lucie
County, Florida:
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For the reasons stated above, the petition to reverse the decision of the S1. Lucie
County Building Official Chris Lestrange, who issued Permit 0808-0066 on
August 18, 2008, for new construction of a foundation for a truck scale at Allied
New Technologies, Inc. facility is hereby granted.
After motion and second, the vote on this resolution was as follows:
Chairman Ron Harris
Vice-Chairman Bob Bangert
Commissioner Buddy Emerson
Commissioner Diane Andrews
Commissioner Richard Pancoast
AYE
ABSENT
ABSENT
AYE
AYE
PASSED AND DULY ADOPTED this 26th day of November, 2008.
ATTEST:
File No. APP-920081521
November 26,2008
ST. ~ 2NTY. FLORIDA
y~~
,/ Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
~~
Assistant Count ttorney
Resolution No. 08-028
Page 4