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HomeMy WebLinkAbout12-014RESOLUTION NO. 12-014 FILE NO.: BCC 120124394 3 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING APPROVAL FOR A WAIVER FROM SECTION 7.09.04.E FENCING REQUIREMENTS FOR PROPERTY LOCATED AT 4005-4007 N. A1A IN THE CO (COMMERCIAL OFFICE) ZONING DISTRICT, SITUATE IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: Michael and Marie Ingravallo petitioned for a waiver from the provisions of Section 7.09.04.E that provides for a eight (8) foot high masonry wall or opaque wood fence between non-residential and residential uses for property located at 4005-4007 N. A1A, as described in Part B below. 2. The requirement for this perimeter masonry wall or opaque wood fence may be waived by the County Commission if it has been shown to the satisfaction of the County Commission that the adjoining property owners have no objection. 3. After consideration of the testimony presented during the February 21, 2012, County Commission regular meeting, including staff comments and the standards of review for granting a waiver as set out in Section 7.09.04.E, St. Lucie County Land Development Code, the Board of County Commissioners has made the following determination: a. The letter presented signed by the adjacent property owner to the south of the Ingravallo's property, indicate their desire not to have the required 8 foot masonry wall or opaque wood fence constructed along their property line. b. The applicant shall comply with Section 7.09.04. B of the Land Development Code and the waiver granted meets the general spirit and intent of the St. Lucie County Land Development Code and Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 7.09.04.E Landscaped BufferAreas Between Non-Residential or Residential Structure(s) Housing Three (3) or More Dwelling Units and Single-Family or Two-Family Residential Uses of the St. Lucie County Land Development Code, a waiver from the fencing requirements for Michael and Marie Ingravallo property, is hereby approved, for the property described below, subject to the following condition: FileNo: BCC 120124394 Resolution No. 12-014 February 21, 2012 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Page 1 SAINT LUCIE COUNTY FILE # 3681115 03/07/2012 at 09:08 AM OR BOOK 3368 PAGE 1598 - 1600 Doc Type: RESO RECORDING: $27.00 2 3 5 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • Within 30 days of the Board granting approval of the fence waiver or prior to certificate of occupancy for Building Permit No. 1106-0304 whichever comes first, the applicant shall provide the Environmental Resource Department with a revised Landscape Plan incorporating perimeter landscaping along the southern property line as required per Section 7.09.04.8. 6. The property on which this Waiver is being granted is described as follows: Beginning at the intersection of the Westerly right-of-way of State Road A-1-A and the North line of the South 900 feet of Government Lot 1 of Section 23, Township 34 South, Range 40 East; thence run South 18 degrees 18'02" East, 210.38 feet to a point; thence South 89 degrees 46'28" West, 200.00 feet to a point; thence North 18 degrees 18'02" West 210.38 feet to a point; thence North 89 degrees 46' 28" East, 200.00 feet to the Point of Beginning; said lands situate, lying and being in St. Lucie County, Florida, SUBJECT to a easement for ingress and egress more particularly described as follows; Being the South 18 feet of the North 30 feet of the above described property; and also, the South 18 feet of the North 118 feet of the above described property, and also the North 5 feet of the South 900 feet of Government Lot 1 of Section 23 Township 34 South, Range 40 East, St. Lucie County, Florida Property Tax ID#1423 601 0002 000/1 C. A copy of this Resolution shall be mailed, return receipt requested to the developer and agent of record as identified on the application. D. This Resolution shall be recorded in the Public Records of St. Lucie County. FileNo: BCC 120124394 February 21, 2012 Resolution No. 12-014 Page 2 1 2 3 4 5 6 7 s 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 After motion and second, the vote on this resolution was as follows: Chris Dzadovsky, Chairman AYE Tod Mowery, Vice Chairman AYE Chris Craft, Commissioner ABSENT Paula A. Lewis, Commissioner AYE Frannie Hutchinson, Commissioner AYE PASSED AND DULY ADOPTED this 21St day of February, 2012. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA , Y, ~ '~ qua BY / . ~~, ~' ~~.j~ ` x Chairrri~n..~~ ATTEST: 1 -~ ~: APPROVED AS TO FORM '~ ,i~rt1 AND CORRECTNESS: --r_.v ........ BY tap H:\WORD\PLANNINGIPROJECTFILESIIngravallo Resolution 12-014.doc FileNo: BCC 120124394 February 2l, 2012 County Resolution No. 12-014 Page 3