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Home My WebLink About12-018Jodi=PH Eo SiU7iTH, i/LERK OF Ti1E GiRCUIT Ct3URT SAiiUT LUCiE COUNTY r=1LE # ~?? 1374 CS ~~? 2f~1 ~ aE C~8 ! 7 alU1 ~~R BC?C7K 341° ~.~i,E ?,'8v - ??83 i:OC Tvp~: RESG} REt~i~R~ING: ~;5 °3~ RESOLUTION NO. 12-018 FILE NO.: BCC 120124396 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS GRANTING A VARIANCE FROM THE PROVISIONS OF SECTION 6.02.02(B)(2)(a), OF THE ST.LUCIE COUNTY LAND DEVELOPMENT CODE - ST. LUCIE RIVER SHORELINE DEVELOPMENT REGULATIONS, TO ALLOW FOR THE CONSTRUCTION OF AN EROSION CONTROL BARRIER ALONG 100 LINEAR FEET OF THE ST. LUCIE RIVER SHORELINE LOCATED AT 741 S.E. HIDDEN RIVER DRIVE 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: 1. Daniel B. Harrell presented a petition for a variance from the provisions of Section 6.02.02(B)(2)(a), of the St. Lucie County Land Development Code - St. Lucie River Shoreline Development Regulations, to allow for the construction of an upland retaining wall to create an erosion control barrier along 100 linear feet of the St. Lucie River shoreline located at 741 S.E. Hidden River Drive. 2. On July 17, 2012, this Board held a public hearing on the petition, after publishing a notice of such hearing in the St. Lucie News Tribune and notifying by mail all owners of property within 500 feet of the subject property. 3. After consideration of the testimony presented during the public hearing, including staff comments and the standards of review for granting variances set out in Section 10.01.30, St. Lucie County Land Development Code, the Board of County Commissioners has made the following determination: a. The variance requested arises from conditions that are unique and particular to the specific parcel of land involved. The subject property is located on the North Fork of the St. Lucie River. The property is currently experiencing severe erosion along the bank, which was not created by the actions of the owner and the consequent property loss is resulting in a hardship for the owner b. The variance granted will not impair or injure other property or improvements in the neighborhood in which the subject parcel of land is located. The subject parcel is bordered by an existing retaining wall on the south side of the proposed retaining wall and the shoreline of the property to the north is heavily vegetated. c. The variance granted is the minimum to allow for the construction of an upland retaining wall within the shoreline protection buffer, making it possible for reasonable use of the land and prevent any further erosion of the shoreline. File No: BCC 120124396 Resolution No. 12-018 July 17, 2012 Page 1 d. The variance desired will not be opposed to the general spirit and intent of this ordinance or the St. Lucie County Comprehensive Plan. e. The requested variance will prevent erosion and siltation to a greater extent than not granting the variance. The retaining wall will reduce the siltation deposits into the river and prevent further erosion of the site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 6.02.02(B)(2)(a) of the St. Lucie County Land Development Code, the request of Daniel B. Harrell for a variance from the provisions of Section 6.02.02(B)(2)(a), of the St. Lucie County Land Development Code - St. Lucie River Shoreline Development Regulations, to allow for the construction of an upland retaining wall to create an erosion control barrier along 100 linear feet of the St. Lucie River shoreline is hereby approved for the property depicted on the attached maps as Exhibit "A", subject to the following conditions: 1) Within 90 days of issuance of a building permit or prior to final inspection whichever comes first, per Section 7.09.05, Category I Invasive Exotic vegetation shall be removed from within the project boundary. Environmental Resources Department staff shall be notified for an inspection once completed. 2) Within 90 days of issuance of a building permit or prior to final inspection whichever comes first, completion of the erosion control barrier, the applicant shall install native vegetation, in accordance with the approved upland buffer planting plan. Environmental Resources Department staff shall be notified for an inspection once completed. B. The property on which this variance is being granted is described as follows: Lot 16, Block 1, Hidden River Estates, according to the plat thereof in the office of the Clerk of Court in St. Lucie County, Florida, recorded in Plat Book 18, Page 14, 14A through 14B of the public records of St. Lucie County, Florida. C. The approvals granted by this Resolution is specifically conditioned to the requirement that the petitioner, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part B. D. The conditions set forth in Part A are an integral nonseverable part of the variance approval granted by this resolution. If any condition set forth in Part A is determined to File No: BCC 120124396 Resolution No. 12-018 July 17, 2012 Page 2 be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the variance approval granted by this resolution shall become null and void. E. A copy of this resolution shall be mailed, return receipt requested to the property owner and agent of record. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize the commencement of any on-site development activities without obtaining such further development permits as may be required. After motion and second, the vote on this resolution was as follows: Todd Mowery, Chairman AYE Paula Lewis, Vice Chair AYE Chris Craft, Commissioner AYE Frannie Hutchinson, Commissioner AYE PASSED AND DULY ADOPTED this 17th day of July 2012. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA t ~` ~' ~ ; c ~r ~j r~ n ~'' '~,., ' BY r ~~ ~ ~~ce , Chairm _ y . ATTEST: " . APPROVED AS TO FORM'.. r f., '~ ,~~ ~ AND CORRECTNESS ~- ~.-'~~%_~ ~ - ~ % ~ ~ - y~ ,, _ - . ~ ~V ~~ ,F, D UTY CLER ,'' ~ •~~~'`~~ ,~,. COUNTY ATTORNEY 39 File No: BCC 120124396 Resolution No. 12-018 July 17, 2012 Page 3 2 3 4 Exhibit A General Location Map .E N J~t~RU>S tivE RS-3 __ sewr+ir~eA,~e { AR-1 2 ___ .. o SE FUPKK7 f?!NF „. O SE ~ '~LAFi AC. A'JE Of x.5-2 ~~ ', ' ~ ~9,y fi~~ ,we~ RS-3 ~ i SF FBI I nN RJR ~ ~ ,;. ...,.. ' VV ~ I ® __., P,..p. ., Zoning... _ _ _._ N - SUb BCt. CO @!ty St Lucie County Zoning Port SL Luck 2oning ' AR-1 - Ag~icultu~al Residential (t dulac) GU -General Use Clay Of POI't .~. t. I_UCIt: CPU9 -Conservation PutNic RS-2 -Single Family Residential RS-3 - Residenhal Single Family i3 duiaci rJ 6 7 File No: BCC 120124396 July 17, 2012 Resolution No. 12-018 Page 4