HomeMy WebLinkAbout10-007 BOA
BOARD OF ADJUSTMENT
RESOLUTION NO. 10-007
File No.: BA-520104063
A RESOLUTION GRANTING 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. Phillip Oates, presented a petition for a Variance from the Provisions of Section
7.04.01(A), of the St. Lucie County Land Development Code, to permit the
construction of a swimming pool and deck with a footer for the future installation of a
pool enclosure which will encroach a maximum of 9 feet into the minimum rear
setback of 15 feet required in the RS-4 (Residential Single Family - 4du/ac) Zoning
District for the property depicted on the attached maps as Exhibit "A" and described
below.
2. On July 28, 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 and will not cause a drainage problem to
the adjacent property owners.
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. Phillip Oates presented a petition for a Variance from the Provisions of Section
File No.: BA-520104063 BA Resolution No. 10-007
Page 1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT July 28, 2010
SAINT LUCIE COUNTY
FILE ~ 3503978 08/13/2010 at 09:21 AM
OR BOOK 3220 PAGE 2835 - 2838 Doc Type: RESO
RECORDING: $35.50
1
7.04.01(A), of the St. Lucie County Land Development Code, to permit the
construction of a swimming pool and deck with a footer for the future installation of a
pool enclosure which will encroach a maximum of 9 feet into the minimum rear
setback of 15 feet required in the RS-4 (Residential Single Family - 4du/ac) Zoning
District for the property depicted on the attached maps as Exhibit "A"and described
as follows:
Lot 23, Block 89 of Indian River Estates Unit Nine, according to the Plat thereof, as recorded
in Plat Book 10, page 74, of the Public Records of St. Lucie County, FL
(Tax ID#: 3402-610-0591-000/5)
(Location: 5913 Yucca Drive)
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:
Ron Harris, Chairman AYE
Diane Andrews, Vice-Chair AYE
Buddy Emerson, Commissioner ABSENT
Bob Bangert, Commissioner AYE
Richard Pancoast, Commissioner AYE
PASSED AND DULY ADOPTED This 28th day of July, 2010.
ATTEST:
e etary
BOARD OF ADJUSTMENT
ST. LUCI COUNTY, FLORIDA
Q.-t-~..6
Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
/~/
Asst. County Attorney
lap
G:\Planning\PROJECT FILES\Oates, Phillip/BA 10-007 Resolution.doc
File No.: BA-520104063
Page 2
BA Resolution No. 10-007
July 28, 2010
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