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HomeMy WebLinkAbout10-001 BOA1 a 3 4 5 BOARD OF ADJUSTMENT RESOLUTION NO. 10-001 File No.: BA-220104038 A RESOLUTION APPROVING 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 Rutherford/Strickland, LLC for a variance from the Provisions of Section 7.09.04(A), of the St. Lucie County Land Development Code to reduce the required fifteen (15) foot landscape buffer between the street (private) and off-street parking area to five (5) feet in depth in the CG, Commercial General zoning district depicted on the attached maps as Exhibit "A" and described below. 2. On March 24, 2010, 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 consideration 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 met the standards of review as set forth in Section 10.01.02, St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan, because: 1. The variance granted is the minimum variance that will make possible the reasonable use of the land, structure, or building. 2. The variance granted will not have adverse impacts to other property or improvements in the neighborhood. 3. The variance granted meets the general spirit and intent of the St. Lucie County Land Development Code and the St. Lucie County Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: A. Rutherford/Strickland, LLC presented a petition for a Variance from the Provisions of Section 7.09.04(A), of the St. Lucie County Land Development Code, to reduce the File No.: BA-22010403P BA Resolution No. 10-001 Page 1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT March 24, 2010 SAINT LUCIE COUNTY FILE # 3467133 04/26/2010 at 03:16 PM OR BOOK 3190 PAGE 2495 - 2497 Doc Type: RESO RECORDING: $27.00 required fifteen (15) foot landscape buffer between the street (private) and off-street parking area to five (5) feet in depth in the CG, Commercial General zoning district depicted in the attached map as Exhibit "A" and described as follows: UNIT 1 OF DEEJ COMMERCE CENTER, A CONDOMINIUM ACCORDING IN THE DECLARATION OF CONDOMINIUM THEREOF AS RECORDED IN OFFICIAL RECORDS BOOK 2950, PAGE 2762 , OF THE PUBLIC RECORDS OF ST. LUKE COUNTY, FLORIDA. B. This variance shall expire twelve months from the date of adoption unless a building permit is approved or an extension is granted in accordance with Section 10.01.06, 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 AYE Commissioner Buddy Emerson AYE Commissioner Diane Andrews AYE Commissioner Richard Pancoast ABSENT PASSED AND DULY ADOPTED This 24th day of March, 2010. BOARD OF ADJUSTMENT ATTEST: ST. LUCIE COUNTY, FLORIDA ~ ~o e ary Chairman APPROVED AS TO FORM AND CORRECTNESS: I~ Asst. County Attorney File No.: BA-220104038 Page 2 BA Resolution No. 10-001 March 24, 2010 EXHIBIT A Q ~~ -t` a 3 KITTERMAN RD _ x 3 ~ ~ \ 7 _ ~ ~ 2N\ > WOODLANDS DR ~ ^ OU 2 11 2 m o ~ ~ a y w o0 o ~o SUBJECT PROPERTY G m ~ z = a c~ ~ = o ~ N o ~ ~ ~~ ~~ SANDBURG LN_~ SqN Z o ~ ~ DBURG [_N ~ ~ y. O O r O ~ ~ Z Z w O = 2 K m BRAZILIAN CIR LAKE.VISTA TRL COCONUTAVE ~~ LgK~L~