HomeMy WebLinkAbout09-004 BOA1
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JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
> FILE # 3368130 07/17/2009 at 10:56 AM
OR BOOK 3109 PqGE 997 - 999 Doc Type: RESO
RECORDING: $27.00
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BOARD OF ADJUSTMENT
RESOLUTION NO. 09-004
File No.: BA-320093965
A RESOLUTION AMENDING THE APPROVED 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 Maryon A Thiery, for an amendment to the previously approved
variance granted through the Board of Adjustment Resolution No. 08-022 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
covered porch/carport which will encroach 11 feet plus or minus to be
increased to a maximum encroachment of 23 feet into the minimum front
setback of 25 feet required in the RS-4 (Residential Single Family 4) Zoning
District for the property depicted on the attached maps as Exhibit "A" and
described below.
2. On April 22, 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. At the April 22, 2009, Board of Adjustment public hearing this Board decided
the requested amendmentwas notthe minimum encroachment necessaryto
allow reasonable use of the proposed structure. The Board voted to
continue this item to May 27, 2009 to allow the applicant's contractor
additional time to redesign the covered porch/carport.
4. On May 27, 2009, this Board continued the public hearing to June 24, 2009
because the applicant did not have revised plans as requested at the April
22, 2009 public meeting.
5. On June 24, 2009, the Board of Adjustment held a public hearing and after
considering 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 made the following determination:
The requested variance has met the standards of review as set forth in
File No.: BA-320093965
Page 1
BA Resolution No. 09-004
June 24, 2009
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Z Section 10.01.02, St. Lucie County Land Development Code and is not in
2 conflict with the goals, objectives, and policies of the St. Lucie County
3 Comprehensive Plan, because:
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5 1. The variance granted is the minimum variance that will make possible
6 the reasonab/e use of the land, structure, or building. The revised
~ plan has a greater encroachment than was allowed by BOA
8 Resolution No. 08-022; however, the total square footage
9 encroaching is /ess then the original variance granted and the overall
1 o design, practicality and aesthetics are /ess obtrusive.
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12 2. The variance granted will not have adverse impacts to other property
13 or improvements in the neighborhood.
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15 3. The variance granted meets the general spirit and intent of the St.
15 Lucie County Land Development Code and the St. Lucie County
1 ~ Comprehensive Plan.
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19 NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie
2 o County, Florida:
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22 A. Marvon A Thierrv request for an amendment to the previously approved
23 variance granted through the Board of Adjustment Resolution No. 08-022
24 from the Provisions of Section 7.04.01(Table 7-10), of the St. Lucie County
2 5 Land Development Code, has been approved to permit the construction of a
2 6 portico extendinq from the front of the home for a maximum encroachment of
2 ~ 15.60 feet into the minimum front setback of 25 feet required in the RS-4
2 s (Residential, Single-Family 4 du/ac) Zoning District for the property depicted
2 9 on the attached maps as Exhibit "A" and described as follows:
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31 Indian River Estates Unit 08, Block 65, Lot 19, According to the Plat
32 Thereof, as Recorded in Plat Book 10 Page 73, of the Public Records at
3 3 St. Lucie County, Florida
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35 (Location: 5900 Sunset Boulevard, Ft. Pierce)
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3 ~ B. This variance shall expire twelve months from the date of adoption unless a
3 s building permit is approved or an extension is granted in accordance with
3 9 Section 10.01.06, of the St. Lucie County Land Development Code.
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I File No.: BA-320093965 BA Resolution No. 09-004
Page 2 June 24, 2009
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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 24th day of June 2009.
BOARD OF ADJUSTMENT
ATTEST: ST. LUC COUNTY, FLORIDA
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.,,r,, ~~-. .._~..~ ... ~ ~,,<
~r°' Se etary Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
!G~/f""'"
Asst. County Attorney
File No.: BA-320093965
Page 3
BA Resolution No. 09-004
June 24, 2009