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HomeMy WebLinkAbout13-005 BOA2 3 4 BOARD OF ADJUSTMENT RESOLUTION NO. 13-005 File No.: BA 320134600 A RESOLUTION APPROVING A VARIANCE FOR CERTAIN PROPERTY LOCATED 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: Petition of Ernest Rondeau for a variance from the provisions of Section 7.04.01 of the St. Lucie County Land Development Code for the construction of an approximately 720 square foot detached garage to encroach 13 feet into the required minimum 15 foot rear yard setback and for an existing 64 square foot utility shed to encroach 8.2 feet into the required minimum 10 foot interior side yard setback in the RE-2 (Residential Estate - 2) Zoning District. 2. On April 24, 2013 this Board held a public hearing on the petition, after publishing a notice of such hearing, installing a sign on property 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, exhibits, 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 determinations: The requested variances have met the standards of review as set forth in Section 10.01.02, St. Lucie County Land Development Code and are not in conflict with the goa/s, objectives, and policies of the St. Lucie County Comprehensive Plan, because a) The proposed variance for the detached garage arise from conditions that are unique and peculiar to the /and and buildings involved; b) The requested variances do not impair or otherwise injure other property or improvements in the area in which the subject property is located; and c) The requested variances meet the general spirit and intent of the St. Lucie County Land Deve/opment Code and the St. Lucie County Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: A. Petition of Ernest Rondeau for a variance from the provisions of Section 7.04.01 of the St. Lucie County Land Development Code for the construction of an approximately 720 square foot detached garage to encroach 13 feet into the required minimum 15 foot rear yard setback and for an existing 64 square foot utility shed to encroach 8.2 feet into the required minimum 10 foot interior side yard setback in the RE-2 (Residential Estate - 2) JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT April 24, 2013 SAINT LUCIE CWNTY BOA Resolution No. 13-005 File No. BA 320134600 FILE / 3830649 OS/06/2013 at 03:42 PM Page 1 OR BOOK 3514 PAGE 1760 - 1762 Doc Type: RESO RECORDING: $27.00 Zoning District, for the property depicted on the attached map as Exhibit "A" and described as follows: THAT PART OF THE SOUTH 100 FEET OF THE NORTH 11.36 CHAINS OF LOT 2, IN SECTION 36, TOWNSHIP 35 SOUTH, RANGE 40 EAST, LYING EAST OF THE RIGHT-OF-WAY FOR THE FLORIDA EAST COAST RAILWAY; LESS AND EXCEPTING RIGHT-OF-WAY FOR PUBLIC ROADS, LYING AND BEING SITUATE IN ST. LUCIE COUNTY, FL. Property Tax ID# 2436-323-0001-010-7 B. Based on the evidence presented, these variances are approved with the following condition: The exterior finish and architectural elements of the detached garage shall be compatible with the existing single family home which consists of stucco and a metal roof. C. 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. D. These variances 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, Bob Bangert AYE Commissioner Buddy Emerson AYE Commissioner Ron Knaggs AYE Commissioner Richard Pancoast AYE PASSED AND DULY ADOPTED This 24~' day of April, 2013. BOARD OF ADJUSTMENT ATTEST: ST. LUC COUNTY, FLORIDA i ~ ~ ~ cre ry Chairman APPROVED AS TO FORM AND CORRECTNESS: 'v~ Asst. Co~.f~ity Attorney April 24, 2013 BOA Resolution No. 13-005 File No. BA 320134600 Page 2 Exh i b it A N ~~ \ _~ ! ~. ~ Indian River Lagoon ~ z ~2 O 'y'o ~Z O L N Op ~pi Op E MIDWAY RD April 24, 2013 BOA Resolution No. 13-005 File No. BA 320134600 Page 3