HomeMy WebLinkAbout11-007 BOA1 BOARD OF ADJUSTMENT
2 RESOLUTION NO. 11-007
3 File No.: APP 1020114339
4
5 A RESOLUTION AFFIRMING A DECISION
6 BY AN ADMINISTRATIVE OFFICIAL TO GRANT A BUILDING PERMIT FOR
7 CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA
8
9 WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the
10 testimony and evidence, including, but not limited to the staff report, has made the
11 following determinations:
12
13 1 Marcie Opaenheimer Nolan on behalf of Queens Cove Property Owners
14 Association. Inc. presented a letter dated October 5, 2011 ("Appeal Letter"),
15 appealing the decision of the Planning and Development Services Director
16 pursuant to the Provisions of Section 11.11.01.6(3) of the St. Lucie County Land
17 Development Code to permit the construction of a 3,386 square foot
18 office building 4005-4007 North A1A, Fort Pierce in the CO (Commercial, Office)
19 Zoning District.
20
21 2. On November 2, 2011, this Board held a public hearing on the petition, after
22 publishing a notice of such hearing and notifying by mail all owners of property
23 within 500 feet of the subject property and the Queens Cove property owners.
24
25 3. Members of the public - as well as parties represented by counsel -were
26 permitted to address the Board of Adjustment and present their arguments,
27 comments and objections.
28
29 4. After consideration of the testimony presented during the public hearing,
30 including staff comments, and the standards of review to be utilized by this Board
31 on matters involving a decision, order, determination or interpretation of any
32 administrative official of the County with respect to the Provisions of the Land
33 Development Code, (Section 12.04.01.8), the Board of Adjustment moved to
34 deny the instant petition to appeal the decision of the Director with respect to the
35 Provisions of Section 11.11.01.8(3) of the Land Development Code and the
36 following findings:
37
38 a. The issues raised in the "Appeal Lette-" concerned the interpretation of
39 private easements and private property rights related thereto thaf are matters
40 appropriate for adjudication by the circuit court and, correspondingly, are
41 matters outside the jurisdiction of the Board of Adjustment.
42
43 b. Matters outside of the scope of the "Appeal Letter" relating to the Planning
44 and Development Services Director's decision to approve the building permit
45 without requiring major site plan review were not timely appealed.
46
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3646853 11/15/2011 at 03:22 PM
OR BOOK 3339 PAGE 624 - 627 Doc Type: RESO
Dn`.n 1 of A RECORDING: $35.50
1 c. The decision of the Planning and Development Services Director is consistent
2 with the Provisions of Section 11.02.02 of the Land Development Code.
3
4 d. The appellants have obtained this ruling from the Board of Adjustment and
5 possess no other administrative remedy.
6
7 NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie
8 County, Florida:
9
10 A. Marcie Oppenheimer Nolan on behalf of Queens Cove Property Owners
11 Association. Inc. presented the "Appeal Letter", appealing the decision of the
12 Planning and Development Services Director to permit the construction of a
13 3,386 square foot office building 4005-4007 North A1A, Fort Pierce in the CO
14 (Commercial, Office) Zoning District for the property depicted on the attached
15 maps as Exhibit "A" and described as follows:
16
17 LEGAL DESCRIPTION:
18
19 Beginning at the intersection of the Westerly right-of-way of State Road A-1-A
20 and the North line of the South 900 feet of Government Lot 1 of Section 23,
21 Township 34 South, Range 40 East; thence run South 18 degrees 18'02" East,
22 210.38 feet to a point; thence South 89 degrees 46'28" West, 200.00 feet to a
23 point; thence North 18 degrees 18'02" West 210.38 feet to a point; thence North
24 89 degrees 46' 28" East, 200.00 feet to the Point of Beginning; said lands situate,
25 lying and being in St. Lucie County, Florida, SUBJECT to a easement for ingress
26 and egress more particularly described as follows; Being the South 18 feet of the
27 North 30 feet of the above described property; and also, the South 18 feet of the
28 North 118 feet of the above described property, and also the North 5 feet of the
29 South 900 feet of Government Lot 1 of Section 23 Township 34 South, Range 40
30 East, St. Lucie County, Florida
31
32 Property Tax ID#1423 601 0002 00011
33
34 B. Based on the evidence presented, the petition appealing the decision of the
35 Planning and Development Services Director is hereby denied.
36
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After motion and second, the vote on this resolution was as follows:
Chairman Ron Harris RECUSED
Vice-Chair, Diane Andrews RECUSED
Acting Chair Buddy Emerson AYE
Bob Bangert AYE
Richard Pancoast AYE
PASSED AND DULY ADOPTED This 2ND day of November, 2011.
BOARD OF ADJUSTMENT
ATTEST: ST. LUCIE COUNTY, FLORIDA
Acting hairman
„~~~ V .~
Asst. Count ttorney
DoRO 2 ,.~~
APPROVED AS TO FORM
AND CORRECTNESS:
Exhibit A
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