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BOARD OF ADJUSTMENT
RESOLUTION NO. 13-008
File No.: BA 520134625
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 Joseph Damiano for a variance from the provisions of Section 7.04.01 of the
St. Lucie County Land Development Code for an approximately 405 square foot carport
to encroach 2.8 feet into the required minimum 10 foot side yard setback in the RE-2
(Residential Estate - 2) Zoning District.
2. On July 24, 2013 this Board continued the item to the August 28, 2013 meeting.
3. On August 28, 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.
4. 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 variance meets 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 existing carport complies with all other applicable minimum district
requirements in the RE-2 Zoning District;
b) The requested variance does not impair or otherwise injure other property or
improvements in the area in which the subject property is located; and
c) The requested variance meets 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. Petition of Joseph Damiano for a variance from the provisions of Section 7.04.01 of the
St. Lucie County Land Development Code for an approximately 405 square foot carport
to encroach 2.8 feet into the required minimum 10 foot side yard setback in the RE-2
(Residential Estate - 2) Zoning District, for the property depicted on the attached map as
Exhibit "A" and described as follows:
August 28, 2013 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT BOA Resolution No. 13-008
File No. BA 520134625 SAINT LUCIE COUNTY Page 1
FILE # 3872193 09/03/2013 at 08:58 AM
OR BOOK 3555 PAGE 772 - 775 Doc Type: RESO
RECORDING: $35.50
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COMMENCING ON THE WEST BANK OF THE INDIAN RIVER WHERE THE
NORTH LINE (WHEN EXTENDED TO THE INDIAN RIVER) OF THE SOUTH
100 FEET OF THE NORTH 11.36 CHAINS OF GOVERNMENT LOT 2, IN
SECTION 36, TOWNSHIP 35 SOUTH, RANGE 40 EAST, INTERSECTS THE
SAID RIVER, RUN WEST ALONG THE SAID NORTH LINE TO THE EAST
RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILWAY, THENCE
TURN AND RUN NORTHWESTERLY ALONG THE SAID EAST RIGHT OF
WAY LINE 60 FEET TO A POINT, THENCE TURN AND RUN
NORTHEASTERLY ALONG A LINE TO A POINT WHICH IS 100 FEET
NORTHWESTERLY FROM THE INTERSECTION AFORESAID, AND WITH
THE WEST RIGHT OF WAY LINE OF INDIAN RIVER DRIVE, THENCE
CONTINUE IN THE SAME NORTHEASTERLY DIRECTION TO THE WEST
BANK OF THE INDIAN RIVER, THENCE RUN SOUTHEASTERLY ALONG THE
BANK OF THE SAID RIVER TO THE POINT OF BEGINNING. TOGETHER
WITH ALL RAPARIAN RIGHTS THEREUNTO APPERTAINING, AND
EXCEPTING, HOWEVER, THE RIGHT OF WAY LINE OF INDIAN RIVER
DRIVE.
PARCEL IDENTIFICATION NUMBER:
2436-321-0007-000-0
B. Based on the evidence presented, these variances are approved with the following
condition:
1. The structure shall remain a carport and shall remain open all sides.
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. The 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
Vice-Chairman, Bob Bangert
Commissioner Buddy Emerson
Commissioner Ron Knaggs
Commissioner Richard Pancoast
AYE
ABSENT
AYE
AYE
ABSENT
August 28, 2013
File No. BA 520134625
BOA Resolution No. 13-008
Page 2
1
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3
PASSED AND DULY ADOPTED This 28th day of August, 2013.
ATTEST:
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Secretary
August 28, 2013
File No. BA 520134625
BOARD OF ADJUSTMENT
ST. LUCIE COUNTY, FLORIDA
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APPROVED AS TO FORM
AND CORRECTNESS:
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BOA Resolution No. 13-008
Page 3
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August 28, 2013 BOA Resolution No. 13-008
File No. BA 520134625 Page 4