HomeMy WebLinkAbout10-008 BOABOARD OF ADJUSTMENT
RESOLUTION NO. 10-008
File No.: BA 620104057
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
1 testimony and evidence, including, but not limited to the staff report, has made the
1 following determinations:
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1 1. Globe Wireless. LLC for a Variance from the Provisions of Section 9.04.02(J) of
1 the St. Lucie County Land Development Code to allow three (3) flags to be
1 placed no less than ten (10) feet apart, twenty (20) feet less than the thirty (30)
1 foot separation requirement in the IH, Industrial Heavy zoning district.
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1 2. On July 28, 2010, this Board held a public hearing on the petition, after
1 publishing a notice of such hearing and notifying by mail all owners of property
2 within 500 feet of the subject property.
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2 3. The petitioner was provided notice of the hearing and presented their position to
2~ the Board.
4. After consideration of the testimony presented during the public hearing,
including staff comments, argument of counsel, exhibits, 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
determinations:
31 The requested variance meets the standards of review as set forth in Section 10.01.02,
32 St. Lucie County Land Development Code and is not in conflict with the goals,
33 objectives, and policies of the St Lucie County Comprehensive Plan, because:
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A. The denial of the requested variance would result in unnecessary hardship for
the owner and is not a mere inconvenience.
B. The granting of the requested variance would not impair or otherwise injure
other property or improvements in the area in which the subject property is
located.
C. The requested variance does arise from a condition that is unique to the
buildings and structures rather and is the minimum variance that will make
possible the reasonable use of the land, building or structures.
D. The requested variance meets the general spirit and intent of the St. Lucie
Land Development Code and the St. Lucie County Comprehensive Plan.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
Page 1 of 4 FILE ~ 3507557 08/25/2010 at os:24 AM
OR BOOK 3223 PAGE 2904 - 2907 Doc Type: RESO
RECORDING: $35.50
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie
County, Florida:
2. A. Globe Wireless, LLC requested a Variance from the Provisions of Section
9.04.02(J), of the St. Lucie County Land Development Code to allow to allow
three (3) flags to be placed less than thirty (30) feet apart in the IH, Industrial
Heavy zoning district for the property depicted on the attached maps as Exhibit
°A" and described as follows:
1 COMMENCE AT THE NORTHEAST CORNER OF SECTION 1, TOWNSHIP 37
1 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE RUN
1 SOUTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE
1 RANGE LINE, A DISTANCE OF 4,176.86 FEET, TO THE POINT OF
1 BEGINNING; THENCE CONTINUE ALONG SAID RANGE LINE, A DISTANCE
1 OF 250.00 FEET; THENCE RUN NORTH 89 DEGREES 59 MINUTES 06
1 SECONDS WEST, A DISTANCE OF 660.00 FEET; THENCE RUN NORTH 00
1 DEGREES 00 MINUTES 54 SECONDS EAST, PARALLEL WITH AFORESAID
1 RANGE LINE, A DISTANCE OF 250.00 FEET; THENCE RUN SOUTH 89
1 DEGREES 59 MINUTES 06 SECONDS EAST, A DISTANCE OF 660.00 FEET
2 TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 3.788 ACRES,
2I MORE OR LESS.
B. Based on the evidence presented, this variance request is approved. An appeal
from the Board of Adjustment's action may be processed in accordance with
Section 10.01.07, of the St. Lucie County Land Development Code.
2 C. This variance shall expire twelve months from the date of adoption unless a
2 building permit is approved or an extension is granted in accordance with Section
2 10.01.06, of the St. Lucie County Land Development Code.
Page 2 of 4
After motion and second, the vote on this resolution was as follows:
Chairman Ron Harris AYE
Vice-Chairman, Diane Andrews AYE
Commissioner Buddy Emerson ABSENT
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Commissioner Bob Bangert AYE
Commissioner Richard Pancoast AYE
PASSED AND DULY ADOPTED This 28~' day of July, 2010.
BOARD OF ADJUSTMENT
ATTEST: ST. LUCIE COUNTY, FLORIDA
Secretary Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
Asst. County , ttomey
Wednesday, August 04, 2010 Page 2 of 2
Page 3 of 4
Exhibit A
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Page 4 of 4
TRANSMITTAL SLIP
DATE: August 13. 2010
TO. Recording
FROM: Charlene Furtado X1420
County Attorney's Office
RE: BOA Resolution No. 10-008
61obe Wireless, LLC
Please record and return.
Thnnk you.