HomeMy WebLinkAbout10-002 BOA1 BOARD OF ADJUSTMENT
2 RESOLUTION NO. 10-002
3 File No.: APP 1020094014
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5 A RESOLUTION GRANTING THE APPEAL OF THE DECISION OF THE ST. LUCIE COUNTY CODE
6 COMPLIANCE MANAGER AND BUILDING OFFICIAL, NOT PERMITTING THE PROPOSED
7 RECONSTRUCTION AND EXPANSION OF THE EXISTING DOCK IN THE RS-4 (RESIDENTIAL, SINGLE
8 FAMILY-4 DU/1 ACRE) ZONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA
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10 WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony and evidence,
11 including, but not limited to the staff report, has made the following determinations:
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14 1. Darrell L. Smith presented a petition to appeal the decision of the St. Lucie County Code
15 Compliance Manager and Building Official, not permitting the proposed reconstruction and
16 expansion of the existing dock in the RS-4 (Residential, Single Family-4 du/l acre) Zoning
17 District as depicted on the attached maps as Exhibit "A" and described below.
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19 2. On March 24, 2010, this Board held a public hearing on the petition, after publishing a notice
2 0 of such hearing and notifying by mail all owners of property within 500 feet of the subject
21 property.
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2 3 3. After consideration of the testimony presented during the public hearing, including staff
24 comments, agenda package and the standard of review to be utilized by this Board on
25 matters involving a decision, order, determination or interpretation of any administrative
2 6 official of the County with respect to the provisions of the Land Development Code of St.
2 7 Lucie County Sections 11.11.00, the Board of Adjustment moved to approve reversal of the
28 decision of the Code Compliance Manager and Building Official not permitting the
2 9 reconstruction and expansion of the existing dock and made the following determinations:
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31 a. There is precedent for permitting reconstruction and expansion of the dock,
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3 3 b. Denial of the permit would deny the owner the best use of his land, and
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3 5 c. The owner has the approval of the Florida Department of Environmental Protection
3 6 and the US Army Corps of Engineers.
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3 9 NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida:
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42 A. Mr. Darrell L. Smith presented a petition to appeal the decision of the St. Lucie County Code
43 Compliance Manager and Building Official not permitting the proposed reconstruction and
44 expansion of the existing dock that is a nonconforming use and structure located in the RS-4
45 (Residential, Single Family- 4 du/1 acre) Zoning District, as depicted on the attached maps
46 as Exhibit "A" and described below.
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48 CORAL COVE BEACH -SECTION ONE - BLK 5 LOT 15 (OR 2772-850) IN ST. LUCIE
49 COUNTY, FLORIDA CONSISTING OF APPROXIMATELY 0.21 ACRES.
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51 LOCATION: 274 Marina Drive, approximately 0.34 miles west of SR Highway AI A.
Darrell L. Smith JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT BA Resolution 10-002
File No.: APP 1020094014 SAINT LUCIE COUNTY March 24, 2010
Page 1 FILE # 3467132 04/26/2010 at 03:16 PM
OR BOOK 3190 PAGE 2492 - 2494 Doc Type: RESO
RECORDING: $27.00
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B. The petition to appeal the decision of the St. Lucie County Code Compliance Manager and
Building Official not permitting the proposed reconstruction and expansion of an existing dock
is hereby approved.
C. This decision of the Board of Adjustment shall be mailed to all parties by the Growth
Management Director, in accordance with Section 11.00.04(F).
D. This decision of the Board of Adjustment shall be entered into the file APP 1020094014 of
the Growth Management Department.
After motion and second, the vote on this resolution was as follows:
Chairman Ron Harris YES
Vice Chairman Bob Bangert YES
Buddy Emerson YES
Diane Andrews YES
Richard Pancoast ABSENT
PASSED AND DULY ADOPTED This 24th Day of March 2010.
ATTEST:
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ecret
Darrell L. Smith
File No.: APP 1020094014
Page 2
BOARD OF ADJUSTMENT
ST. LUCIE COUNTY, FLORIDA
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Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
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Assistant County Attorney
BA Resolution 10-002
March 24, 2010
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