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HomeMy WebLinkAbout12-005 BOAJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3728170 07/25/2012 at 08:46 AM OR BOOK 3413 PAGE 2891 - 2893 Doc Type: RESO RECORDING: $27.00 1 BOARD OF ADJUSTMENT 2 RESOLUTION NO. 12-005 3 File No.: BA 420124437 4 5 A RESOLUTION APPROVING A VARIANCE FOR 6 CERTAIN PROPERTY LOCATED AT 266 MARINA DRIVE 7 IN ST. LUCIE COUNTY, FLORIDA 8 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: 11 12 1. Petition of Kimberly J. Summerlin for a variance from the provisions of Section 7.04.01 13 and Table 7-10, of the St. Lucie County Land Development Code to allow the 14 construction of a single family residence which will exceed the maximum lot coverage by 15 12% and to allow the swimming pool deck to encroach 8 feet into the minimum rear 16 setback of 15 feet required in the RS-4 (Residential-Single Family - 4du/ac) Zoning 17 District. 18 19 2. On June 27, 2012 this Board held a public hearing on the petition, after publishing a 20 notice of such hearing, installing a sign on property and notifying by mail all owners of 21 property within 500 feet of the subject property. 22 23 3. After consideration of the testimony presented during the public hearing, including staff 24 comments, exhibits, 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 made 26 the following determinations: 27 28 The requested variance has met the standards of review as set forth in Section 29 10.01.02, St. Lucie County Land Development Code and is not in conflict with the goals, 30 objectives, and policies of the St. Lucie County Comprehensive Plan, because 31 32 a) The requested variance is located on a parcel that backs up to a canal, the adjacent 33 property owners were in favor of the variance, the only objections were from property 34 owners located across the canal and the proposed home would not be directly visible to 35 them. 36 37 b) The granting of the requested variance would not impair or otherwise injure other 38 property or improvements in the area in which the subject property is located. 39 40 c) The requested variance meets the general spirit and intent of the St. Lucie County Land 41 Development Code and the St. Lucie County Comprehensive Plan. 42 43 NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, 44 Florida: 45 46 A. Petition of Kimberly J. Summerlin for a variance from the provisions of Section 7.04.01 47 and Table 7-10, of the St. Lucie County Land Development Code to allow the June 27, 2012 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT gOA Resolution No. 12-005 File No. BA 420124437 SAINT LUCIE COUNTY Page 1 FILE # 3724546 07/13/2012 at 11:41 AM OR BOOK 3410 PAGE 972 - 974 Doc Type: RESO RECORDING: $27.00 1 2 3 4 5 6 7 8 9 10 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 construction of a single family residence which will exceed the maximum lot coverage by 12% and to allow the swimming pool deck to encroach 8 feet into the minimum rear setback of 15 feet required in the RS-4 (Residential-Single Family - 4du/ac) Zoning District, for the property depicted on the attached map as Exhibit "A" and described as follows: CORAL COVE BEACH -SECTION ONE -BLOCK 5, LOT (Location: 266 Marina Drive) Property Tax ID#1425-701-0126-000/9 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. C. This variance shall expire twelve months from the date of adoption unless a building permit is approved or an extension is granted in accordance with Section 10.01.06, of the St. Lucie County Land Development Code. After motion and second, the vote on this resolution was as follows: Chairman Ron Harris AYE Vice-Chairman, Diane Andrews AYE Commissioner Buddy Emerson EXCUSED Commissioner Bob Bangert AYE Commissioner Richard Pancoast AYE PASSED AND DULY ADOPTED This 27th day of June, 2012. ATTEST: °-~.. ary June 27, 2012 File No. BA 420124437 BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA r~ / L. f.. hairman APPROVED AS TO FORM AND CORRECTNESS: Asst. County Attorney BOA Resolution No. 12-005 Page 2 Exhibit A BA-420124437 Zoning Summerlin/Yancy Homesite -- HIRD `_ S.L4K~IEW.GIR ~ ~ ~ ~, ~ ~ ~ ~• I ~ ~~ HIRD ~ -.ocE~oT.wnv I ~~ ~ ~ ~ ~ I ~~ PMUD r Indian River ~ ~ Lagoon ~ ~ ~ ~ ~ ~ FMS-4 ~ i ~ ~ i , i J i i h j ~ --_._ I~ MARINA DR ~ i ~ it ~ I~ ~ i Ii RS~4 y. ~ ~ ~ ~ ' , ~ ~ ` '~ ~ BERMUDA BEACH DR ~ rt ~ ~'~ f ~ ~ I ~ I I ~ I ®Subject property HIRD -Hutchinson Island Residential District ~~ ~~ N ~... ~ PMUD -Planned Mixed Use Development n , _ _ _, 500 ft. notification area RS-4 -Residential Single Family (4 du/ac} N flap prepared May 1.2012 June 27, 2012 BOA Resolution No. 12-005 File No. BA 420124437 Page 3