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Home My WebLink About12-113JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3749417 09/21/2012 at 10:59 AM OR BOOK 3434 PAGE 629 - 632 Doc Type: RESO RECORDING: $35.50 1 RESOLUTION NO. 12-113 FILE NO.: BCC 220124398 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 76 LINEAR FEET OF THE ST. LUCIE RIVER SHORELINE LOCATED AT 1400 PARKLAND BOULEVARD IN ST. LUCIE COUNTY, FLORIDA 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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. Robert and Donna Huneke have applied 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 erosion control barrier along 76 linear feet of the St. Lucie River shoreline located at 1400 Parkland Boulevard. The purpose of the retaining wall with rip rap is to prevent any further erosion of the applicants' property and to protect their home from further damage from erosion and flooding. 2. On July 3, 2012, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 3. The proposed project is consistent with the general purpose, goals, objectives, policies and standards of review of the Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 4. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through erosion control design, site design, landscaping, and screening. 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 Robert and Donna Huneke 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 erosion control barrier along 76 linear feet of the St. Lucie River shoreline located at 1400 Parkland 1 2 3 4 5 6 7 8 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 rr Boulevard is hereby approved for the property depicted on the attached maps as Exhibit "A", subject to the following conditions: 1) Within 90 days of building permit approval or prior to Vegetation Removal Permit or Exemption, per Section 7.09.05, Category I Invasive Exotic vegetation shall be removed from within the project boundary. 2) Within 180 days of building permit approval, the applicant shall provide a plan for offsite mitigation of upland buffer plantings on a county owned and managed preserve, to be approved by the Environmental Resources Director. B. The property on which this waiver is being approved is described as follows: All that part of Block 16, of River Dale Yacht Club Estates, Unit Two, according to the Plat therefore recorded in Plat Book 6, Page 40, of the public records of St Lucie County, Florida, which lies north of the extension of Parkland Boulevard, which extension is 50 feet wide, north and south, and the centerline of which is the extended centerline of Parkland Boulevard as shown on the above plat. Parcel No.: 3409-703-0124-0007 C. The variance approval granted under this Resolution is specifically conditioned to the requirement that the petitioners, 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. A copy of this resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Planning and Development Services Director. E. The conditions set forth in Part A are an integral nonseverable part of the waiver approval granted by this resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the waiver approval granted by this resolution shall become null and void. F. A copy of this resolution shall be mailed, return receipt requested to the developer 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. r 1 After motion and second, the vote on this resolution was as follows: 2 3 Tod Mowery, Chairman AYE 4 5 Paula A. Lewis, Vice Chair AYE 6 7 Frannie Hutchinson, Commissioner AYE 8 9 Chris Craft, Commissioner AYE to 11 PASSED AND DULY ADOPTED this 3rd day of July 2012. 12 13 14 15 16 17 18 19 20 21 22 ATTEST: 23 24 ~ 25 ~ 26 ~ ~ 27 E T~CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ~ ~ ~lb'I.~~-l ,~ Chairman~~ APPROVED AS TO FORM AND C RECTNESS: COUNTY ATTORNEY 28 ry ~ ° ~~ ` ° ~ ~ `,~ ~' L~ i 4 t + ~: :Y K ~~a - ~l ~ ~ - : ~a t _r ~~ r~ . ~ ~. 2 3 4 5 6 .X 11 ~It A General _ocation Vlap i ~ r t t [ k ~~ " `_ i 1 1 _ ~-- ! -~ .~----~ ~-~ - ~= Huneke Shoreline E~ Variance i II f j - ~_...,.:.~~~, ` I}-1..~ ~: i ~_. .~~ ~ ~~ ~ ~ ~ ,. _ BCC 20124398 ;. ~ ~.M, ldaDelle Island i} ~, C t '~ ~ 4 -` j ~ _~ N '~ ' t ~ ~ ~ ~~ f i i ~ t SU6jBdPropert~ ~~_ _ m}~~ ~ ~ ,~~ 1# pp ~~ . ~ ~i _ Ron t4 E( j P Ki.Nia J} t .. r ~"`~, . ~ WFNTE QAK ~~ ~ y~ , r .. ~ `` '*- ~ is "... 7