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BOARD OF ADJUSTMENT
RESOLUTION NO. 12-010
File No.: BA 820124529
A RESOLUTION GRANTING A VARIANCE FOR
CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of Adjustment 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. Charles Cunningham Jr. presented a petition for a Variance from the
provisions of Section 7.04.01(Table 7-10), of the St. Lucie County Land
Development Code to permit the construction of a screen enclosure which
will encroach a maximum of 7 feet into the minimum rear setback of 20 feet
required in the PUD (Planned Unit Development -Harbour Ridge) Zoning
District for the property depicted on the attached maps as Exhibit "A" and
described below.
2. On September 26, 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. 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 10.01.02, St. Lucie County Land Development Code, the
Board of Adjustment has made the following determination:
The requested variance has met the standards of review as set forth in
Section 10.01.02, St. Lucie County Land Development Code and is not in
conflict with the goals, objectives, and policies of the St. Lucie County
Comprehensive Plan, because
a) The variance is the minimum required to allow reasonable use of the
land.
b) The variance granted will not have adverse impacts to other property
or improvements in the neighborhood.
c) The Homeowners Association supports the variance.
d) The variance will not affect any neighbor.
File No.: BA 820124529
Page 1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3756165 10/1012012 at 11:26 AM
OR BOOK 3440 PAGE 2997 - 3000 Doc Type: RESO
RECORDING: $35.50
BA Resolution No. 12-010
September 26, 2012
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e) The variance granted is not in conflict with the general spirit and intent
of the St. Lucie County Land Development Code and the St. Lucie
County Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie
County, Florida:
A. Charles Cunningham Jr. presented a petition for a Variance from the
provisions of Section 7.04.01(Table 7-10), of the St. Lucie County Land
Development Code to permit the construction of a screen enclosure which
will encroach a maximum of 7 feet into the minimum rear setback of 20 feet
required in the PUD (Planned Unit Development -Harbour Ridge) Zoning
District for the property depicted on the attached maps as Exhibit "A".
B. The property on which this Variance approval is granted is described as
follows:
Unit 11, Harbour Ridge Plat No. 7, as recorded in Plat Book 26, Pages 3, 3A &3B,
Public Records of St. Lucie County, Florida.
Together with the north 2.00 Feet of unit 12, harbor Ridge Plat No. 7 as recorded in
plat book 26, Pages 3 3A & 3B, Public Records of St. Lucie County, Florida.
Address: 1823 NW Buttonbush Circle, Palm City, FL
Parcel I D: 4426-802-0014-0003
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
Commissioner Ron Knaggs
Commissioner Buddy Emerson
Commissioner Bob Bangert
Commissioner Richard Pancoast
File No.: BA 820124529
Page 2
AYE
AYE
AYE
AYE
AYE
BA Resolution No. 12-010
September 26, 2012
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PASSED AND DULY ADOPTED This 26th day of September, 2012.
ATTEST:
Secr ary
File No.: BA 820124529
Page 3
BOARD OF ADJUSTMENT
ST. LUCIE COUNTY, FLORIDA
.-
Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
/L/
Asst. County Attorney
BA Resolution No. 12-010
September 26, 2012
Exhibit A
BA-820124529 Zoning
Charles Cunningham
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File No.: BA 820124529
~~ Page 4
BA Resolution No. 12-010
September 26, 2012