HomeMy WebLinkAbout09-006 BOA 1 BOARD OF ADJUSTMENT
2 RESOLUTION NO. 09-006
3 File No. BA-720093990
4
5 A RESOLUTION GRANTING A VARIANCE FOR
6 CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA
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8
9 WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the
1 o testimony and evidence, including, but not limited to the staff report, has made the.
11 following determinations:
12
13 1. Randall and Deanna Miller, presented a petition for a variance from Section
14 7.04.01(Table 7-10) of the St. Lucie County Land Development Code to
15 allow the continued use of a covered deck that encroaches a maximum of 14
16 feet into the minimum rear yard setback of 15 feet required Located in the
17 RS-4 (Residential, Single Family - 4du/1 acre) Zoning District, for the
18 property depicted on the attached maps as Exhibit "A"and described below.
19
2 0 2. On October 28, 2009, this Board of Adjustment held a public hearing on the
21 petition, after publishing a notice of such hearing and notifying by mail all
22 owners of property within 500 feet of the subject property.
23
24 3. After consideration of the testimony presented during the public hearing,
2 5 including staff comments and the standards of review for granting variances
2 6 set out. in Section 10.01.02, St. Lucie County Land Development Code, the
2 7 Board of Adjustment has made the following determination:
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2 9 The requested variance has met the standards of review as set forth o o° w
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3 o in Section 10.01.02, St. Lucie County Land Development Code and is , A n m
31 not in conflict with the goals, objectives, and policies of the St. Lucie ~ ~ ° ~
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32 County Comprehensive Plan, because: ~ m ~ Z =
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33 N
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3 4 1. The variance granted is the minimum variance that will make o
3 5 possible the reasonable use of the land, structure, or building. N ~ ~
36 m
37 2. The variance granted will not have adverse impacts to other ~ ~
3 8 property or improvements in the neighborhood. " ~
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4 0 3. The variance granted meets the general spirit and intent of the
41 St. Lucie County Land Development Code and the St. Lucie ~
4 2 County Comprehensive Plan.
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File No.: BA-720093990 BA Resolution No. 09-006
Page 1 October 28, 2009
1 NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie
2 County, Florida:
3
4 A. Randall and Deanna Miller presented a petition variance from Section
5 7.04.01(Table 7-10) of the St. Lucie County Land Development Code to
6 allow the continued use of a covered deck that encroaches a maximum of 14
7 feet into the minimum rear setback of 15 feet required in the RS-4
8 (Residential, Single Family - 4du/1 acre) Zoning District for the property
9 depicted on the attached map as Exhibit "A" and as described in Part B,
1 o subject to the following conditions:
11
12 1. The covered deck shall remain open and never be closed in by the
13 petitioners, their successors or assigns.
14
15 2. If the covered deck is ever damaged, the covered deck shall never be
16 replaced by the petitioners, their successors or assigns.
17
18
19 B. The property on which this variance is being granted is described as follows:
20
21 Begin at the southwest corner of the southwest quarter of the northeast
22 quarter of section 13, township 34 south, range 39 east, St. Lucie County,
2 3 Florida, run east 380.3 feet, more or less, to a point in the southerly extension
2 4 of the west line of the land as described in deed recorded in official record
2 5 book 967, page 1572; thence north along said southerly extension and the
2 6 west line of the land as described indeed recorded in official record book 967,
2 7 page 1572 to the northwest corner of the land as described indeed recorded in
2 8 official record book 967, page 1572, said northwest corner being the point of
2 9 beginning of the parcel of land hereinafter described; thence east 132 feet
3 0 along the north line of the land described in deed recorded in official record
31 book 967, page 1572, and the north line of the land as described in deeded
32 record in official record book 1082, page 1248 to the northeast corner of the
3 3 land described in deed recorded in official record book 1082, page 1248;
3 4 thence north 130 feet along the west line of the land described as parcel 2 in
3 5 deed recorded in official record book 1835, page 1806 to the northwest corner
3 6 of said parcel 2; thence west 132 feet to the northeast corner of the land as
3 7 described in deed recorded in official r®cord book 1922, page 1018; thence
3 8 south 130 feet along the east line of the land as described indeed recorded in
3 9 official record book 1922, page 1018 to the point of beginning.
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41 Tax ID#: 1313-133-0003-000/4
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4 3 Location: 4839 Grover's Road, Fort Pierce, FL 34951
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File No.: BA-720093990 BA Resolution No. 09-006
Page 2 October 28, 2009
1
2 D. ADOPTION
3
4 After motion and second, the vote on this resolution was as follows:
5
6 Chairman Ron Harris NO
7
8 Vice-Chairman, Bob Bangert YES
9
1 o Commissioner Buddy Emerson Absent
11
12 Commissioner Diane Andrews YES
13
14 Commissioner Richard Pancoast YES
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21 PASSED AND DULY ADOPTED This 28t" day of October, 2009.
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24
25 BOARD OF ADJUSTMENT
26
27 ATTEST: ST. LUCIE COUNTY, FLORIDA
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31 ~
32 cr ry Chairman
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34 APPROVED AS TO FORM
35 AND CORRECTNESS:
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39
4 0 Asst. County Attorney
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File No.: BA-720093990 BA Resolution No. 09-006
Page 4 October 28, 2009
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