HomeMy WebLinkAbout09-002 BOA~. r
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BOARD OF ADJUSTMENT
RESOLUTION NO. 09-002
File No.: BA-1120081539
A RESOLUTION DENYING 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. Petition of Edward J. Harrington, Jr., for a variance from the Provisions of Section
7.10.16(Q) of the St. Lucie County Land Development Code to permit the
construction of a 144 square foot wood deck to encroach five (5) feet into the
minimum five (5) foot required rear yard setback in the HIRD, Hutchinson Island
Residential Zoning District for the property depicted in the attached map as Exhibit
"A" and described below.
2. On February 25, 2009, 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 cansideration 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 not met the standards of review as set forth in Section
10.01. 02, St. Lucie County Land Development Code and is in conflict with the goals,
objectives, and policies of the St. Lucie County Comprehensive Plan, because:
1. The variance requested arises from a condition that is not unique and
peculiar to the land; and buildings involved; nor the particular physical
surroundings, shape, or topographical condition of the property that would
result in unnecessary hardship.
2. The minimum building setback provisions apply to all recreafional park
subdivisions, and have been created by regulations in Section 7.10.16 of the
County's Land Development Code. The property owner's action to construct
a wood deck to encroach into the minimum required rear yard building
setback does not result in an unnecessary hardship.
3. The requested variance will have an adverse impact to other property in
the neighborhood.
4. The variance granted does not meet the general spirit and intent of the St.
Lucie County Land Development Code and the St. Lucie County
Comprehensive P/an.
File No.: BA-1120081539 .losePH e. snnirH, CLERK OF THE CIRCUIT COURT BA Resolution No. 09-002
Page 1 sA~NT tUC~E counlTY February 25, 2009
FILE # 3319033 03/09/2009 at 11:12 AM
OR BOOK 3066 PAGE 2860 - 2862 Doc Type: RESO
RECORDING: $27.00
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NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. Edward J. Harrinqton, Jr. presented a petition for a Variance from the Provisions of
Section 7.10.16(Q) of the St. Lucie County Land Development Code to permit the
construction of a 144 square foot wood deck to encroach five (5) feet into the
minimum five (5) foot required rear yard setback in the HIRD, Hutchinson Island
Residential Zoning District for the property depicted in the attached map as Exhibit
"A" and described as follows:
PARCEL 1298 NETTLES ISLAND PROJECT, AS RECORDED IN PLAT BOOK 16,
PAGES 1, 1A THROUGH 1J, PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA.
B. This variance request has been denied. 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.
After motion and second, the vote on this resolution was as follows:
Chairman Ron Harris AYE
Vice-Chairman, Bob Bangert ABSENT
Commissioner Buddy Emerson AYE
Commissioner Diane Andrews AYE
Commissioner Richard Pancoast AYE
PASSED AND DULY ADOPTED This 25th day of February, 2009.
BOARD OF ADJUSTMENT
,TTEST~ ST. LUCIE COUNTY, FLORIDA
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Secreta Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
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Asst. ounty Attorney
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File No.: BA-1120081539
Page 2
BA Resolution No. 09-002
February 25, 2009
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SUBJECT PI~~I'ERT`Y