HomeMy WebLinkAbout11-002 BOA 1 BOARD OF ADJUSTMENT
2 RESOLUTION NO. BA 11-002
3 File No.: BA-120114219
4
5 A RESOLUTION DENYING A VARIANCE FOR
6 CERTAIN PROPERTY LOCATED AT 6909 S. INDIAN RIVER DRIVE
~ IN ST. LUCIE COUNTY, FLORIDA
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9 WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony and
10 evidence, including, but not limited to the staff report, has made the following determinations:
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12 1. Paul and Laura Struve petitioned for a variance from the provisions of Section
13 7.04.01(B) of the St. Lucie County Land Development Code to allow a pool
14 equipment shed, and a shade structure in the back yard of a single family residence,
15 which will encroach a maximum of ten (10) feet into the minimum side yard setback
16 of 10 feet in the RE-2 (Residential, Estate, single-family - 2 du/ac) zoning district, to
17 remain on the property depicted on the attached maps as Exhibit "A" and described
18 below.
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2 0 2. On February 23, 2011, this Board held a public hearing on the petition, after
21 publishing a notice of such hearing, installing a sign on property and notifying by mail
22 all owners of property within 500 feet of the subject property.
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24 3. After consideration of the testimony presented during the public hearing, including
2 5 staff comments and the standards of review for granting variances set out in Section
2 6 10.01.02, St. Lucie County Land Development Code, the Board of Adjustment has
27 made the following determination:
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2 9 The requested variance does not meet the standards of review as set forth in
3 0 Section 10.01.02, St. Lucie County Land Development Code and is in conflict with
31 the goals, objectives, and policies of the St. Lucie County Comprehensive Plan,
3 2 because:
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34 1. The condition was created solely as a result of the actions of the property
3 5 owner;
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37 2. If the variance were granted, the subject structures would have adverse
3 g impacts to adjacent property relative to drainage;
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4 0 3. The minimum variance that would allow the subject structures to remain,
41 would be equal to a 100% variance of the side yard setback;
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4 3 4. The owner of the adjacent parcel of land abutting to the south objects to the
44 encroachment of the fence and roof overhang onto their property; and,
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File No.: BA-12011 42 BA Resolution No. 11-002
Pa e 1 ~OSEPH E. SMITH, CLERK OF THE CIRCUIT COURT February 23, 2011
9 SAINT LUCIE COUNTY
FILE # 3572011 03/17/2011 at 03:58 PM
OR BOOK 3277 PAGE 668 - 671 Doc Type: RESO
RECORDING: $35.50
1 5. If the variance were granted, it does not meet the general spirit and intent of
2 the St. Lucie County Land Development Code or the goals, objectives and
3 policies of the St. Lucie County Comprehensive Plan.
4
5 NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
6 Florida:
7
8 A. Paul and Laura Struve presented a petition for a Variance from the provisions of
9 Section 7.04.01 (B) of the St. Lucie County Land Development Code to allow a pool
1 o equipment shed, and a shade structure in the back yard of a single family residence,
11 which will encroach a maximum of ten (10) feet into the minimum side yard setback
12 of 10 feet in the RE-2 (Residential, Estate, single-family - 2 du/ac) zoning district, to
13 remain on the property depicted on the maps on Exhibit "A" attached hereto and
14 made a part hereof.
15
16 B. The property on which this variance is being denied is described as follows:
17
lg Lot #4, OLMSTEAD PLACE, according to the map or plat thereof as
19 recorded in Plat Book 4, Page (s) 64, Public Records of St. Lucie County,
2 p Florida.
21 AND
22 Commence at the intersection of the South Line of Lot 5 of OLMSTEAD
23 PLACE and Easterly right of way line of the FEC railway: thence run
24 Easterly on the South line of said Lot 5, 554.54 feet to a point; thence run
2 5 northerly and parallel to said easterly R/W line of FEC Railway to a point on
2 6 the Northerly line of said lot #5; that is 549.63 feet Easterly of said East
2 ~ R/W line of FEC Railway; thence run Westerly on the Northerly line of said
2 g Lot 5, 549.63 feet, to the Easterly R/W line of FEC Railway; thence run
2 9 Southerly along the Easterly R/W line of FEC Railway, 102.7 feet to the
3 0 point of beginning, St. Lucie County, Florida.
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32 Location: 6909 S Indian River Drive
33 ParcellD#:34-12-502-0004-0003
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3 5 C. This variance is denied in accordance with Section 10.01.05 of the St. Lucie County
3 6 Land Development Code.
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3 8 D. Appeals from the Board of Adjustment may be pursued in accordance with Section
3 9 10.01.07 of the St. Lucie County Land Development Code. Any aggrieved person by
4 0 a decision of the Board of Adjustment may, within thirty (30) days after the rendition
41 of such a decision, appeal to the courts of the State of Florida for relief in
4 2 accordance with general law.
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File No.: BA-12011 4219 BA Resolution No. 11-002
Page 2 February 23, 2011
1 E. ADOPTION:
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3 After motion and second, the vote on this resolution was as follows:
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5 Ron Harris, Chairman DENY
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~ Diane Andrews, Vice Chair DENY
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g Buddy Emerson, Commissioner ABSENT
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11 Bob Bangert, Commissioner DENY
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13 Richard Pancoast, Commissioner DENY
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15
16 PASSED AND DULY ADOPTED This 23RD day of February, 2011.
17
18 BOARD OF ADJUSTMENT
19 ATTEST: ST. L COUNTY, FLORIDA
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23 Sec ta y Chairman
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2 5 APPROVED AS TO FORM
26 AND CORRECTNESS:
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3 o Asst. Coun y Attorney
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File No.: BA-12011 4219 BA Resolution No. 11-002
Page 3 February 23, 2011
1 EXHIBIT A
2
3 Vicinity Maps
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5 6909 S Indian River Drive
6 Fort Pierce, Florida
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Zoning N
I AR-1 -Agricuitural Residential (1 dulac)
~ Subject property CPUB - Conservation Public
I - Institutional
500 ft. notiflcatlon afea ~C - Residential/Conservation (1 du/5 ac)
RE-2 - Residential Estate (2 dulac)
8
File No.: BA-12011 4219 BA Resolution No. 11-002
Page 4 February 23, 2011