HomeMy WebLinkAbout12-006 BOA1 BOARD OF ADJUSTMENT
2 RESOLUTION NO. 12-006
3 File No.: BA 720124457
4
5 A RESOLUTION APPROVING A VARIANCE FOR
6 CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA
7
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 Nick Ruggiero for a variance from the provisions of Section 4.01.04 of the St.
12 Lucie County Land Development Code to allow the construction of a single family
13 residence to exceed the maximum 35 foot building height by 2.86 feet, for a total building
14 height of 37.86 feet in the HIRD (Hutchinson Island Residential District) Zoning District.
15
16 2. On July 25, 2012 this Board held a public hearing on the petition, after publishing a
17 notice of such hearing, installing a sign on property and notifying by mail all owners of
18 property within 500 feet of the subject property.
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20 3. After consideration of the testimony presented during the public hearing, including staff
21 comments, exhibits, and the standards of review for granting variances set out in Section
22 10.01.02, St. Lucie County Land Development Code, the Board of Adjustment has made
23 the following determinations:
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25 The requested variance has met the standards of review as set forth in Section
26 10.01.02, St. Lucie County Land Development Code and is not in conflict with the goals,
27 objectives, and policies of the St. Lucie County Comprehensive Plan, because
28
29 a) The requested variance is a result of conditions that are unique and peculiar to
30 the land and structures involved. The property abuts the Atlantic Ocean which is
31 susceptible to storm surges and flooding.
32
33 b) The requested variance does not impair or otherwise injure other property or
34 improvements in the area in which the subject property is located, and
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36 c) The requested variance meets the general spirit and intent of the St. Lucie
37 County Land Development Code and the St. Lucie County Comprehensive Plan.
38
39 NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
40 Florida:
41
42 A. Petition of Nick Ruggiero for a variance from the provisions of Section 4.01.04 of the St.
43 Lucie County Land Development Code to allow the construction of a single family
44 residence to exceed the maximum 35 foot building height by 2.86 feet, for a total building
45 height of 37.86 feet in the HIRD (Hutchinson Island Residential District) Zoning District,
46 for the property depicted on the attached map as Exhibit "A" and described as follows:
47
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
July 25, 2012 SAINT LUCIE COUNTY
FILE # 3730349 07/31/2012 at 08:44 AM BOA Resolution No. 12-006
File No. BA 72-0124457 Page 1
OR BOOK 3415 PAGE 2590 - 2592 Doc Type: RESO
RECORDING: $27.00
1 LOT 12, DIAMOND SANDS
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3 Property Tax ID# 3527-501-0013-000/9
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5 B. Based on the evidence presented, this variance request is approved. An appeal from
6 the Board of Adjustment's action may be processed in accordance with Section
7 10.01.07, of the St. Lucie County Land Development Code.
8
9 C. This variance shall expire twelve months from the date of adoption unless a building
10 permit is approved or an extension is granted in accordance with Section 10.01.06, of
11 the St. Lucie County Land Development Code.
12
13 After motion and second, the vote on this resolution was as follows:
14
15 Chairman Ron Harris AYE
16
17 Vice-Chairman, Diane Andrews AYE
18
19 Commissioner Buddy Emerson NAY
20
21 Commissioner Bob Bangert AYE
22
23 Commissioner Richard Pancoast AYE
24
25 PASSED AND DULY ADOPTED This 25th day of July, 2012.
26
27 BOARD OF ADJUSTMENT
ATTEST: ST. LUCIE COUNTY, FLORIDA
R.rc~
Greta C airman
APPROVED AS TO FORM
AND CORRECTNESS:
Asst. C my Attorney
July 25, 2012 BOA Resolution No. 12-006
File No. BA 72-0124457 Page 2
Exhibit A
July 25, 2012
File No. BA 72-0124457 BOA Resolution No. 12-006
Page 3