HomeMy WebLinkAbout10-010 BOA 1 BOARD OF ADJUSTMENT
2 RESOLUTION NO. 10-010
3 File No.: BA-1020104164
4
5 A RESOLUTION APPROVING A VARIANCE FOR
6 CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA
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8 WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony and
9 evidence, including, but not limited to the staff report, has made the following determinations:
10
11 1. Petition of Allison Lozano for a variance from the Provisions of Section 7.04.01 B), of
12 the St. Lucie County Land Development Code to allow the continued use of a front
13 porch and roof for a single family residence which will encroach a maximum of six (6)
14 feet into the minimum front setback of 25 feet and a maximum of one (1) foot into the
15 minimum side setback of 7.5 feet in the RS-3 (residential, single-family - 3 du/ac)
16 zoning district, for the property depicted on the attached maps as Exhibit "A" and
17 described below.
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19 2. On December 8, 2010, this Board held a public hearing on the petition, after
2 0 publishing a notice of such hearing and notifying by mail all owners of property within
21 500 feet of the subject property.
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23 3. After consideration of the testimony presented during the public hearing, including
24 staff comments and the standards of review for granting variances set out in Section
25 10.01.02, St. Lucie County Land Development Code, the Board of Adjustment has
26 made the following determination:
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2 8 The requested variance has met the standards of review as set forth in Section
2 9 10.01.02, St. Lucie County Land Development Code and is not in conflict with the
3 o goals, objectives, and policies of the St. Lucie County Comprehensive Plan,
31 because:
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3 3 1. The variance granted is the minimum variance that will make possible the
3 4 reasonable use of the land, structure, or building, and
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3 6 2. The variance granted will not have adverse impacts to other property or
37 improvements in the neighborhood, and
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3 9 3. The variance requested is consistent with the surrounding properties, and
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41 4. The owner of the access easement has no objection, and
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4 3 5. The variance granted meets the general spirit and intent of the St. Lucie
44 County Land Developmenf Code and the St. Lucie County Comprehensive
4 5 P/an.
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File No.: BA-1020104157 BA Resolution No. 10-010
Page 1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT December 8, 2010
SAINT LUCIE COUNTY
FILE # 3544278 12/20/2010 at 03:18 PM
OR BOOK 3254 PAGE 2775 - 2778 Doc Type: RESO
RECORDING: $35.50
1 NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
2 Florida:
3
4 A. Allison Lozano presented a petition for a Variance from the Provisions of Section
5 7.04.01 (B), of the St. Lucie County Land Development Code, to allow the continued
6 use of a front porch and roof for a single family residence which will encroach a
7 maximum of six (6) feet into the minimum front setback of 25 feet and a maximum of
8 one (1) foot into the minimum side setback of 7.5 feet in the RS-3 (residential, single-
9 family - 3 du/ac) zoning district, for property described as follows:
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11 Commencing at the Southwest corner of the Southeast 1/4 of the Northwest 1/4 of
12 the Northeast 1/4 of said Section 30; thence run West 8/27 feet; thence North
13 687.26 feet; thence run East 136.72 feet to the Point of Beginning; from said Point of
14 Beginning, run East 68.36 feet; thence run South 98.87 feet; thence run West 68.36
15 feet; thence run North 98.87 feet to the Point of Beginning.
16 Same being otherwise described as Lot 13 of an unrecorded Plat of Leon Acres.
17 TOGETHER WITH the following easement:
18 Commence at the Southwest corner of the Southeast 1/4 of the Northwest 1/4 of the
19 Northeast 1/4 of Section 30, Township 35 South, Range 40 East, St. Lucie County,
20 Florida; thence along the South line of said Northwest 1/4 of the Northeast 1/4 of
21 Section 30, S 88 degrees 30'38" W, 8.27 feet; thence N 00 degrees 40'21 "E, 706.19
22 feet to the Point of Beginning on the East right-of-way line, of Dame Road (50' wide);
23 thence continue along said right-of-way N 00 degrees 40'21"N, 50.00 feet; thence
24 leaving said road way N 88 degrees 04'43"E, 205.08 feet; thence S 00 degrees
2 5 40'21 "W, 50.00 feet; thence S 88 degrees 04'43"W, 205.00 feet to the Point of
26 Beginning; said Easement to be that 50 foot portion of land described in O.R. Book
2 7 212, Page 869 of the public records of St. Lucie County, Florida and is contiguous to
2 8 the property above-described as Lot 13 of the unrecorded Plat of Leon Acres and
2 9 Dame Road.
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31 Location: 3106 Dame Road
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3 3 Parcel ID#: 2430-124-0001-000/5
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3 5 B. This variance shall expire finrelve months from the date of adoption unless a building
3 6 permit is approved or an extension is granted in accordance with Section 10.01.06,
3 7 of the St. Lucie County Land Development Code.
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File No.: BA-1020104157 BA Resolution No. 10-010
Page 2 December 8, 2010
1
2 After motion and second, the vote on this resolution was as follows:
3
4 Ron Harris, Chairman AYE
5
6 Diane Andrews, Vice Chair AYE
7
8 Buddy Emerson, Commissioner AYE
9
10 Bob Bangert, Commissioner AYE
11
12 Richard Pancoast, Commissioner AYE
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14
15 PASSED AND DULY ADOPTED This 8th day of December, 2010.
16
17 BOARD OF ADJUSTMENT
18 ATTEST: ST. LUCI COUNTY, FLORIDA
19 ,,f'~
20
21 _ ~ ~
22 Secre ary Chairman
23
24 APPROVED AS TO FORM
25 AND CORRECTNESS:
26
27 ~
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2 9 Asst. County Attorney
File No.: BA-1020104157 BA Resolution No. 10-010
Page 3 December 8, 2010
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