HomeMy WebLinkAbout09-134~
RESOLUTION NO. 09-134
A RESOLUTION GRANTING A MAJOR A~JUSTMENT TO THE
EXISTING CONDITIONAL USE FOR SEAHORSE BEACH
6UNGALOWS, L.L.C., PURSUANT TO SECTION 11.07.05.E.b.1,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE, FOR CERTAIN
PROPERTY IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, based
on the testimony and evidence, including but not limited to the staff report, has
made the following determination:
1. On February 28, 2007, the St. Lucie County Board of Ad justment adopted
Resolution No. 06-031 upholding the decision of the St. Lucie County Building
Official to issue a building permit to Seahorse Beach Bungalows, L.L.C., a Florida
Limited Liability Corporation, for the renovation for a thirteen unit motel located
on its property at 2502 Tamarind Drive, Fort Pierce, Florida (the "Project").
2. On May 4, 2007, Jeff Mitchell, et al, owners of property in the vicinity of
the subject property filed a Petition for Writ of Certiorari to the Circuit Court of
the Nineteenth Judicial Circuit in and for St. Lucie County seeking to overturn the
decision of the Board of Ad justment.
3. On December 22, 2008, the Court issued an Order upholding in part the
decision of the Board of Ad justment but finding that the improvements under the
subject building permit constituted a major adjustment to an existing conditional
use that required approval by the Board of County Commissioners pursuant to
Section 11.07.05(E)(2)(a)(1). Accordingly, the Court remanded the matter back to
the Board of County Commissioners for proceedings consistent with the Court's
ruling.
4. On May 5, 2009, the Board held a public hearing on the matter, after
publishing notice of the public hearing at least ten (10) days prior to the hearing in
the St. Lucie News Tribune, a newspaper of general circulation in St. Lucie County,
and notifying by mail all owners of property within 500 feet of the subject
property.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3350746 ~5/2912009 at 0420 PM
OR BOOK 3D94 PAGE 1176 - 1178 Doc Type: RESO
RECORDING: $27.00
5. Section 11.07.05(E)(2)(a)(1), of the St. Lucie County Land Development Code
provides that the Board of County Commissioners shall grant approval for a major
ad justment to an existing conditional use after a public hearing upon a finding that
the change will be in substantial conformity with the existing conditional use.
6. The building permit issued for the property allowed for the renovation of
the thirteen (13) units in the existing motel.
7. The existing use of the property as a motel remained the same under the
building permit.
8. After the proposed renovation, the use of the property is and will remain in
substantial conformity with the previous use of the property as a thirteen
(13)-unit motel. Therefore, the pro ject satisfies the requirements of Section
11.07.05(E)(2)(a)(1), of the St. Lucie County Land Development Code for major
ad justment to an existing conditional use.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners of St. Lucie County, Florida:
A. Pursuant to Section 11.07.05()(2)(b)(1) of the St. Lucie County Land
Development Code, a Ma jor Ad justment to an Existing Conditional Use
Permit for Seahorse Beach Bungalow to allow for the renovation of an
existing thirteen (13) unit motel in HIRD (Hutchinson Island Residential
District) Zoning District is granted for the property described as follows:
Legal Description: Lot 5, Block 8, Fort Pierce Shores,
Unit three, according to the Plat thereof, recorded in
Plat Book 9, page 19, Public Records of St. Lucie County,
Florida
B. As the improvements
been completed and ~
Ma jor Ad justment t<
remain in full force
authorized under the sub ject
Certificate of Completeness
an Existing Conditional Use
and effect unless otherwise
building permit have
has been issued, this
Permit approval shall
amended or revoked
~
C.
pursuant to the St. Lucie County Land Development Code.
The St. Lucie County 6rowth Management Director is hereby authorized and
directed to cause the notation of this resolution to be made on the Official
Zoning Map of St. Lucie County, Florida, and to make notation of reference
to the date of adoption of this resolution.
After motion and second, the vote on this resolution was as follows:
Chair Paula A. Lewis AYE
Vice Chair Charles Grande AYE
Commissioner poug Coward AYE
Commissioner Chris Craft AYE
Commissioner Chris Dzadovsky AYE
PASSED AI~~°~PTED this 19T" day of May, 2009.
ATTEST:
CLERK
~
~ D OF COUNTY COMMISSIONERS
* UCIE COVNTY, FLORIDA
CHAIR
APPROVED AS TO
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