HomeMy WebLinkAbout10-003 BOA~.
1 BOARD OF ADJUSTMENT
2 RESOLUTION NO. 10-003
3 File No.: BA 320104046
4
5 A RESOLUTION APPROVING 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. Florida Power & Light Company for a Variance from the Provisions of Section
13 7.04.01(A)(Table 7-10), of the St. Lucie County Land Development Code to allow
14 a maximum building height of 45.5 feet which is 5.5 feet greater than the 40 foot
15 maximum building height allowed in the (U) Utilities Zoning District.
16
17 2. On April 28, 2010, this Board held a public hearing on the petition, after
18 publishing a notice of such hearing and notifying by mail all owners of property
19 within 500 feet of the subject property.
20
21 3. The petitioner was provided notice of the hearing and presented their position to
22 the Board.
23
24 4. After consideration of the testimony presented during the public hearing,
25 including staff comments, argument of counsel, exhibits, and the standards of
26 review for granting variances set out in Section 10.01.02, St. Lucie County Land
27 Development Code, the Board of Adjustment has made the following
28 determinations:
29
30 The requested variance meets the standards of review as set forth in Section 10.01.02,
31 St. Lucie County Land Development Code and is not in conflict with the goals,
32 objectives, and policies of the St. Lucie County Comprehensive Plan, because:
33
34 A. The denial of the requested variance would result in unnecessary hardship for
35 the owner and is not a mere inconvenience.
36
37 B. The granting of the requested variance would not impair or otherwise injure
38 other property or improvements in the area in which the subject property is
39 located.
40
41 C. The requested variance does arise " from a condition that is unique to the
42 buildings and structures rather and is the minimum variance that will make
43 possible the reasonable use of the land, building or structures.
44
45 D. The requested variance meets the general spirit and intent of the St Lucie
46 Land Development Code and the St. Lucie County Comprehensive Plan.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3474728 05/17!2010 at 12:12 PM
Pa e 1 of 4 OR BOOK 3197 PAGE 554 - 557 Doc Type: RESO
g RECORDING: $35.50
1
2 NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie
3 County, Florida:
4
5 A. Florida Power & Light Company requested a Variance from the Provisions of
6 Section 7.04.01(A)(Table 7-10), of the St. Lucie County Land Development Code
7 to allow a maximum building height of 45.5 feet which is 5.5 feet greater than the
8 40 feet maximum building height allowed in the (U) Utilities Zoning District for the
9 property depicted on the attached maps as Exhibit "A" and described as follows:
10
11 8/09/15/16/17/21/22 36 41 ALL FRACT SECS 8 AND 9 LYG W OF A1A-LESS
12 N 436.71 FT- AND ALL FRACT SEC 9 LYG E OF Al A-LESS N 736.71 FT-
13 AND ALL FRACT SEC 15 AND FRACT SEC 16-LESS AS IN OR 346-2123
14 AND OR 400-2820- AND FRACT SEC 17-LESS Ai A- AND THAT PART OF
15 FRACT SECS 21 AND 22 LYG N OF LI THAT IS 9043.31 FT N OF S LI OF
16 SEC 27-LESS Al A- (591.70 AC)
17
18 Parcel Contains 591.70 acres more or less.
19
20 Above described lands situate, lying and being in St. Lucie County, Florida.
21
22 B. Based on the evidence presented, this variance request is approved. An appeal
23 from the Board of Adjustment's action may be processed in accordance with
24 Section 10.01.07, of the St. Lucie County Land Development Code.
25
26 C. This variance shall expire twelve months from the. date of adoption unless a
27 building permit is approved or an extension is granted in accordance with Section
28 10.01.06, of the St. Lucie County Land Development Code.
29
30
Page 2 of 4
1 After motion and second, the vote on this resolution was as follows:
2
3 Chairman Ron Harris AYE
4
5 Vice-Chairman, Diane Andrews AYE
6
7 Commissioner Buddy Emerson AYE
8
9 Commissioner Bob Bangert AYE
10
11 Commissioner Richard Pancoast AYE
12
13 PASSED AND DULY ADOPTED This 28th day of April 28, 2010.
14
15 BOARD OF ADJUSTMENT
ATTEST: ST. LUCIE COUNTY, FLORIDA
S eta Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
Asst. County A orney
Page 3 of 4
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Page 4 of 4