HomeMy WebLinkAbout14-007 BOAJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
` ~ ~ ~ SAINT LUCIE COUNTY
°, FILE # 3977989 07Y23/2014 at 08:46 AM
OR BOOK 3655 PAGE 636 - 639 Doc Type: RESO
RECORDING: $35.50
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BOARD OF ADJUSTMENT
2 RESOLUTION NO. 14-007
3 File No.: BA-1220124580
4
5 A RESOLUTION DENYING A VARIANCE FOR
6 CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA
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8 WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony and
9 evidence, including, but not limited to the staff report, has made the following determinations:
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11 1. Brent B. Norman presented a petition for a Variance from the Provisions of Section
12 7.04.01(Table 7-10), of the St. Lucie County Land Development Code, to permit the
13 construction of a screen enclosure for a pool that will encroach 1.4 feet and 1.75 feet into
1.4 the minimum side yard setbacks; and 7.35 into the rear yard setback required in the
15 Portofino Shores PUD (Planned Unit Development) Zoning District. The subject project is
16 located at 6128 Santa Margarito Drive, for the property depicted on the attached map as
17 Exhibit "A" and described below.
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19 2. On January 23, 2013, this Board held a public hearing on the petition, after publishing a
2 0 notice of such hearing and notifying by mail all owners of property within 500 foot of the
21 subject property. The meeting was continued to the Board's February 27, 2013 meeting to
2 2 allow: 1) the property owner time to obtain a letter signed from the POA Architectural Review
23 Board; 2) to update the survey with the proposed structure; and 3) to confirm the minimum
24 required rear setback for Portofino Shores PUD.
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2 6 3. On February 27, 2013, this Board continued the public hearing to March 27, 2013 to allow
27 the property owner additional time to obtain a signed letter from the POA Architectural
2 8 Review Board.
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3 0 4. On March 27, 2013, this Board continued the public hearing to July 24, 2013.
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3 2 5. On July 24, 2013, this Board continued the public hearing to January 22, 2014.
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3 4 6. On January 22, 2014, this Board continued the public hearing to June 25, 2014.
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3 6 7. After consideration of the testimony presented during the public hearing, including staff
3 7 comments and the standards of review for granting variances set out in Section 10.01.02, St.
3 8 Lucie County Land Development Code, the Board of Adjustment has made the following
3 9 determination:
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41 The requested variance has not met the standards of review as set forth in Section
4 2 10.01.02, St. Lucie County Land Development Code and may be in conflict with the
43 goals, objectives, and policies of the St. Lucie County Comprehensive Plan,
4 4 because:
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File No.: BA 1220124580 BA Resolution No. 04-007
Page 1 of 4 June 25, 2014
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~1 1. The requested variance does not arise from conditions that are unique and
2 peculiar to the land, structures, and buildings involved; the physical surroundings,
3 the shape or topographical conditions of the property involved does not result in
4 -unnecessary hardship for the property owner by the regulations imposed by the
5 Portofino Shores PUD Zoning District.
6
7 2. The granting of the requested variance would impair or otherwise injure other
8 property or improvements in the neighborhood in which the subject property is
9 located.
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11 3. The requested variance does not meet the general spirit and intent of the St.
12 Lucie County Land Development Code and Comprehensive Plan.
13
14 NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida:
15
16 A. Brent B. Norman presented a petition for a Variance from the Provisions of Section
17 7.04.01(Table 7-10), of the St. Lucie County Land Development Code, to permit the
18 construction of a screen enclosure for a pool that will encroach 1.4 feet and 1.75 feet into
19 the minimum side yard setbacks; and 7.35 into the rear yard setback required in the
2 0 Portofino Shores PUD (Planned Unit Development) Zoning District.
21
22 B. The property on which this variance is being denied is described as follows:
23
24 PORTOFINO SHORES (PB 43-6) LOT 99
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2 6 (Parcel ID#: 1312-501-0034-000/6)
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28 (Location: 6128 Santa Margarito Drive, Fort Pierce)
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3 0 C. Based on the testimony and evidence presented, this variance is denied.
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3 2 D. This Order shall become effective upon the date indicated below. An appeal from the Board
33 of Adjustment's action may be processed within thirty (30) days in accordance with Section
3 4 10.01.07, of the St. Lucie County Land Development Code.
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3 6 E. This Order shall be recorded in the public records of St. Lucie County.
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File No.: BA 1220124580 BA Resolution No. 04-007
Page 2 of 4 June 25, 2014
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2 After motion and second, the vote on this resolution was as follows:
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4 Chairman Ron Harris AYE
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6 Vice-Chairman, Richard Pancoast AYE
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8 Commissioner Buddy Emerson ABSENT
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10 Commissioner Robert Lowe AYE
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12 Commissioner Ron Knaggs AYE
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14 PASSED AND DULY ADOPTED This 25'h day of June, 2014.
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16 BOARD OF ADJUSTMENT
17 ATTEST: ST. LUCIE COUNTY, FLORIDA
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22 ~ ecret ~ v Chairman
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APPROVED AS TO FORM
AND CORRECTNESS:
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Asst. County Attorney
3 9 lap
40 G:\Planning\PROJECT FILES\Norman, Brent
File No.: BA 1220124580
Page 3 of 4
BA Resolution No. 04-007
June 25, 2014
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File No.: BA 1220124580 BA Resolution No. 04-007
Page 4 of 4
June 25, 2014