HomeMy WebLinkAbout14-001 BOAJOSEPH E. SPAiTH. CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
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BOARD OF ADJUSTMEN ~
RESOLUTION NO. 14-001
File No.: BA 1 1 201 34697
A RESOLUTION DENYING 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:
1. Petition of Robert P. Rigel, Trustee for a variance from the provisions of Section
7.04.03 (Building Spacing Formula) of the St. Lucie County Land Development
Code for the purpose of permitting a 90 foot tall multiple-family building, to be 31
feet from the north property line (variance request of 38.9 feet of the required
minimum side setback) and 20 feet from the south property line (variance request
of 47.8 feet of the required minimum side setback) within the HIRD (Hutchinson
Island Residential District) Zoning District.
2. On February 26, 2014 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 does not meet the standards of review as set forth in
Section 10.01.02, St. Lucie County Land Development Code and is in conflict
with the goals, objectives, and policies of the St. Lucie County Comprehensive
Plan, because
a) The variance if granted did not arise from a condition that is created
by the regulations of the Code that would result in unnecessary
hardship but by the action of the property owner.
b) The variance if granted is more than the minimum variance needed
to make possible the reasonable use of the land, structure, or
building.
c) The variance if granted will have adverse impacts to other property
or improvements in the neighborhood.
February 26, 2014
File No. BA 1 1 201 34697
BOA Resolution No. 14-001
Page 1
1 d) The variance if granted does not meet the general spirit and intent
2 of the St. Lucie County Land Development Code and the St. Lucie
3 County Comprehensive Plan.
4
5 NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie
6 County, Florida:
7
8 A. Petition of Robert P. Rigel, Trustee for a variance from the provisions of Section
9 7.04.03 (Building Spacing Formula) of the St. Lucie County Land Development
10 Code for the purpose of permitting a 90 foot tall multiple-family building, to be 31
11 feet from the north property line (variance request of 38.9 feet of the required
12 minimum side setback) and 20 feet from the south property line (variance request
13 of 47.8 feet of the required minimum side setback) within the HIRD (Hutchinson
14 Island Residential District) Zoning District, for property described as follows:
15
16 A PARCEL OF LAND LOCATED IN SECTION 2, TOWNSHIP 37 SOUTH,
17 RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA, DESCRIBED AS
18 FOLLOWS:
19
20 FOR THE POINT OF BEGINNING, START AT A POINT WHERE A LINE 142.68
21 FEET SOUTH OF AND PARALLEL TO THE SOUTH LINE OF GOVERNMENT
22 LOT 1, SECTION 2, TOWNSHIP 37 SOUTH, RANGE 41 EAST, INTERSECTS
23 THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD A-1-A; THENCE
24 RUN THENCE RUN SOUTHERLY ALONG SAID RIGHT-OF-WAY A DISTANCE
25 OF 181.21 FEET; THENCE BY ANGLE TO THE LEFT OF 77037'15" RUN
26 EASTERLY A DISTANCE OF 484.68 FEET MORE OR LESS TO THE SHORE
27 LINE OF THE ATLANTIC OCEAN; THENCE RUN NORTHERLY MEANDERING
28 SAID SHORE LINE A DISTANCE OF 100.00 FEET MORE OR LESS TO THE
29 INTERSECTION OF THE LINE 142.68 FEET SOUTH OF AND PARALLEL TO
30 THE SOUTH LINE OF GOVERNMENT LOT 1, WITH SHORE; THENCE RUN
31 WESTERLY ALONG SAID LINE A DISTANCE OF 505.00 FEET MORE OR
32 LESS TO THE POINT OF BEGINNING. SAID LAND SITUATED, LYING AND
33 BEING IN ST. LUCIE COUNTY FLORIDA.
34 Said parcel containing 1.28 acres, more or less.
35
36 PARCEL ID NUMBERS: 4502-241-0002-000/8
37
38 B. Based on the evidence presented, this variance is denied.
39
February 26, 2014 BOA Resolution No. 14-001
File No. BA 1120134697 Page 2
1
2 C. This Order shall become effective upon the date indicated below. An appeal
3 from the Board of Adjustment's action may be processed within thirty (30) days in
4 accordance with Section 10.01.07, of the St. Lucie County Land Development
5 Code.
6
7 After motion and second, the vote on this resolution was as follows:
8
9 Chairman Ron Harris AYE
10 Vice Chairman Richard Pancoast AYE
11 Commissioner Robert Lowe NAY
12 Commissioner Buddy Emerson AYE
13 Commissioner Ron Knaggs AYE
14
15 PASSED AND DULY ADOPTED this 26th day of February, 2014.
16
17 BOARD OF ADJUSTMENT
E,SI ST. L COU TY, FLORIDA
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cretary Chairman
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APPROVED AS TO FORM
AND CORRECTNESS:
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Asst. County A torney
February 26, 2014 BOA Resolution No. 14-001
File No. BA 1120134697 Page 3
Exhibit A
February 26, 2014
File No. BA 1120134697 BOA Resolution No. 14-001
Page 4