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BOARD OF ADJUSTMENT
RESOLUTION NO. 13-010
File No.: BA 1020134682
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 Sands End Development, LLC for a variance from the provisions of Section
4.01.04 (Hutchinson Island Height Limitations) of the St. Lucie County Land
Development Code to allow three of the five proposed multi-family development
buildings to exceed the maximum 35 foot building height by 7 feet, for a total building
height of 42 feet in the HIRD (Hutchinson Island Residential District) Zoning District. The
buildings closest to the southern and northern property boundaries will not exceed the
35 foot height restriction and are not subject to this variance.
2. On December 18, 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 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 requested variance is a result of conditions that are unique and peculiar to
this narrow portion of South Hutchinson Island, a condition not normally found in
the same zoning district and was not created by actions of the property owner.
b) The requested variance does not impair or otherwise injure other property or
improvements in the area in which the subject property is located.
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
and furthers Goal 5.1 in balancing growth with the protection of coastal
resources.
d) The five building plan reduces the intensity of development of this sensitive piece
of coasaa/ land and is better for the environment.
e) The additional seven feet vertical height will not be noticeable.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT BOA Resolution No. 13-010
December 18, 2013 SAINT LUCIE COUNTY
File No. BA 1020134682 FILE # 3911032 1230/2013 at 03:44 PM Page 1
OR BOOK 3591 PgGE 1910 - 1913 Doc Type: RESO
RECORDING: $35.50
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NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. Petition of Sands End Development, LLC (Marisol Residential Development) for a
variance from the provisions of Section 4.01.04 (Hutchinson Island Height Limitations) of
the St. Lucie County Land Development Code to allow three of the five proposed multi-
family development buildings to exceed the maximum 35 foot building height by 7 feet,
for a total building height of 42 feet in the HIRD (Hutchinson Island Residential District)
Zoning District, (the buildings closest to the southern and northern property boundaries
will not exceed the 35 foot height restriction and are not subject to this variance) for the
property depicted on the attached map as Exhibit "A" and described as follows:
All of the following described land lying easterly of State Road A-1-A. That portion of
Section 27, Township 36 South, Range 41 East, St. Lucie County, Florida, lying south of
a line that extends westerly from the mean high water mark of the Atlantic Ocean to the
mean high water mark of the Indian River and that is parallel with the south section line
of said Section 27, which line intersects a point on the easterly right of way line of State
Road A1A located 1500 feet northwesterly of the point of intersection of the easterly right
of way of said State Road A1A and said south Section line as measured along the
easterly right of way line of said State Road A1A.
Said parcel containing 11.885 acres, more or less.
PARCEL ID NUMBERS: 3527-413-0001-000/2 and 3527-441-0001-000/9
B. Based on the evidence presented, this variance request is approved. 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.
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 AYE
Commissioner Ron Knaggs Absent
Commissioner Buddy Emerson Absent
Commissioner Bob Lowe AYE
Commissioner Richard Pancoast AYE
PASSED AND DULY ADOPTED This 18th day of December, 2013.
December 18, 2013
File No. BA 1020134682
BOA Resolution No. 13-010
Page 2
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ATTEST:
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BOARD OF ADJUSTMENT
ST. LUCIE COUNTY, FLORIDA
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Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
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Asst. County Attorney
December 18, 2013 BOA Resolution No. 13-010
File No. BA 1020134682 Page 3
Exhibit A
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December 18, 2013 BOA Resolution No. 13-010
File No. BA 1020134682 Page 4