HomeMy WebLinkAbout09-009 BOA 1 BOARD OF ADJUSTMENT
2 RESOLUTION NO. 09-009
3 File No.: BA 1020094017
4
5 A RESOLUTION GRANTING A VARIANCE FOR
6 CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA
7
8 WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the
9 testimony and evidence, including, but not limited to the staff report, has made the
10 following determinations:
11
12 1. The Hospice Foundation of Martin & St. Lucie, Inc., presented a petition for a
13 Variance from the Provisions of Section 7.04.01(A)(Table 7-10), of the St. Lucie
14 County Land Development Code to allow construction of a three (3) story
15 building with a maximum height of just under 47 feet which is approximately 7
16 feet greater than the 40 foot maximum building height allowed in the (I)
17 Institutional Zoning District.
18
19 2. On, December 9, 2009, this Board held a public hearing on the petition, after
20 publishing a notice of such hearing and notifying by mail all owners of property
21 within 500 feet of the subject property.
22
23 3. After consideration of the testimony presented during the public hearing,
24 including staff comments and the standards of review for granting variances set
25 out in Section 10.01.02, St. Lucie County Land Development Code, the Board of
26 Adjustment has made the following determinations:
27
28 The requested variance meets the standards of review as set forth in Section
29 10.01.02, St. Lucie County Land Development Code and is not in conflict with the
30 goals, objectives, and policies of the St. Lucie County Comprehensive Plan,
31 because:
32
33 A. The variance granted is the minimum variance that will make
34 possible the reasonable use of the building.
35
36 8. The granting of the requested variance would not impair or
37 otherwise injure other property or improvements in the area in
38 which the subject property is located and the use is consistent with
39 the surrounding properties.
40
41 C. The variance granted meets the general spirit and intent of the St.
42 Lucie Land Development Code and the St. Lucie County
43 Comprehensive Plan.
44
45 NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie
46 County, Florida:
47 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3424503 12/23/2009 at 08:49 AM
OR BOOK 3156 PAGE 2742 - 2746 Doc Type: RESO ion No. 09-009
Flee No.: BA 1020094017 RECORDING: $44.00
December 9, 2009 Page 1
a
1 A. Petition of The Hospice Foundation of Martin & St. Lucie, Inc., for a Variance
2 from the Provisions of Section 7.04.01(A)(Table 7-10), of the St. Lucie County
3 Land Development Code to allow construction of a three (3) story building with a
4 maximum height of just under 47 feet which is approximately 7 feet greater than
5 the 40 foot maximum building height allowed in the (I) Institutional Zoning District,
6 for the property depicted on the attached maps as Exhibit "A" and described as
7 follows:
8
9 Legal Description:
10 PARCEL NO. 1
11
12 THE SOUTH 2.00 ACRES OF LOT 101, WHITE CITY SUBDIVISION,
13 ACCORDING TO THE PLAT THEROF AS RECORDED IN PLAT BOOK 1,
14 PAGE 23, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID
15 LANDS LYING WESTERLY OF DRAINAGE DITCH NO. 103 AND LESS ROAD
16 RIGHT OF WAY.
17
18 PARCEL NO. 2
19
20 LOT 101, WHITE CITY SUBDIVISION, ACCORDING TO THE PLAT THEREOF
21 AS RECORDED IN PLAT BOOK 1, PAGE 23, PUBLIC RECORDS OF ST
22 LUCIE COUNTY, FLORIDA, LESS THAT PROTION THEREOF DESCRIBED IN
23 DEED RECORDED IN OFFICIAL RECORDS BOOK 521, PAGE 653 AND
24 EXCEPTING ALL RIGHT-OF WAY FOR PUBLIC ROADS AND DRAINAGE
25 CANALS AND ALSO EXVCEPTING THERFROM ALL THAT OF LOT 101
26 LYING EAST OF DRAINAGE CANAL NO. 103.
27
28 PARCEL NO. 3
29
30 THE NORTH 182.40 FEET OF LOT 106, WHITE CITY SUBDIVISION,
31 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1,
32 PAGE 23, PUBLIC RECORDS OF ST, LUCIE COUNTY, FLORIDA, LYING
33 WEST OF DRAINAGE CANAL NO. 103, LESS ROAD RIGHT OF WAY.
34
35 Property Tax ID# 3403-502-0194-000/3
36
37 Location: 5090 Dunn Road, Fort Pierce
38
39 B. Based on the evidence presented, this variance request is approved. An appeal
40 from the Board of Adjustment's action may be processed in accordance with
41 Section 10.01.07, of the St. Lucie County Land Development Code.
42
43 C. This variance shall expire twelve months from the date of adoption unless a
44 building permit is approved or an extension is granted in accordance with Section
45 10.01.06, of the St. Lucie County Land Development Code.
46
File No.: BA 1020094017 Resolution No. 09-009
December 9, 2009 Page 2
b
1
2 D. After motion and second, the vote on this resolution was as follows:
3
4 Chairman Ron Harris AYE
5
6 Vice-Chairman, Bob Bangert ABSENT
7
8 Commissioner Buddy Emerson AYE
9
10 Commissioner Diane Andrews AYE
11
12 Commissioner Richard Pancoast ABSENT
13
14 PASSED AND DULY ADOPTED this 9th day of December, 2009.
15
16 BOARD OF ADJUSTMENT
17 ATTEST: ST. LUCIE COUNTY, FLORIDA
18
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20 ,,~.,v
21 Secret Chairman
22
23 APPROVED AS TO FORM
24 AND CORRECTNESS:
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28 Asst. County Attorney
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43 H:\PLANNING\HospiceCenter\HospiceVariance\Resolution BOARD OF ADJUSTMENT
File No.: BA 1020094017 Resolution No. 09-009
December 9, 2009 Page 3
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