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HomeMy WebLinkAbout14-104JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - ~ '~ SAINT LUCIE COUNTY ,, FILE # 3977988 07/23/2014 at 08:46 AM OR BOOK 3655 PAGE 633 - 635 Doc Type: RESO _ ,~ RECORDING: $27.00 ~ RESOLUTION NO. 2014-104 2 - FILE NO. BCC 520134617 3 4 A RESOLUTION GRANTING A WAIVER FROM 5 SECTION 8.00.05(A), FENCING REQUIREMENTS 6 FOR A SWIMMING POOL FOR CERTAIN PROPERTY SITUATED IN ST. LUCIE COUNTY, FL. 8 9 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on io the testimony and evidence, including but not limited to the staff report, has made the ~~ following determinations: 12 13 1. James E. Hatfield, presented a petition for a Waiver from the provisions of Section 14 8.00.05(A), Fencing Requirements for a Swimming Pool, for property located at i5 122 Queen Guinevere Court, along the Indian River Lagoon on North Hutchinson 16 Island for the property described in Part B below. i~ i8 2. On July 15, 2014, this Board held a public hearing on the petition, after publishing i9 a notice of such hearing in the St. Lucie News Tribune and notifying by mail all 20 owners of property within 500 feet of the subject property at least 10 days prior to 21 the hearing. 22 23 3. After consideration of the testimony presented during the public hearing, including 24 staff comments and the standards of review for granting waivers set out in Section 2s 8.00.05(6), St. Lucie County Land Development Code, the Board of County 26 Commissioners has made the following determination: 2~ 2s The requested waiver meets the standards of review as set forth in Section 29 8.00.05(6) of the St. Lucie County Land Development Code and is not in 3o conflict with the goals, objectives, and policies of the St. Lucie County 31 Comprehensive Plan. 32 33 a. The subject swimming pool will not be a hazard to small children by 34 reason of its location, construction, surrounding vegetation and other 35 natural or man-made barriers which are comprised of fencing along 36 the north and west side property lines and natural water body and 37 vegetation with a sea wall along the south and east property lines. 38 39 b. The petitioner has demonstrated that granting of the requested File No.: BCC-520134617 July 15, 2014 Page 1 t ~~ ,• 1 Waiver would not endanger the public safety in the neighborhood. 2 3 c. The Waiver is not in conflict with the general spirit and intent of the 4 St. Lucie County Land Development Code and the St. Lucie County 5 Comprehensive Plan. 6 ~ NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. a Lucie County, Florida: 9 to A. Pursuant to Section 8.00.05(A) of the St. Lucie County Land Development Code, 11 a Waiver from the Fencing Requirements for a Swimming Pool to allow the natural 12 water body and vegetation along with the sea wall toact as aman-made barrier to 13 the swimming pool across the south and east property line of the subject parcel is 14 hereby approved, subject to the following condition: 15 16 In the event that the fence along the west and/or north property lines are 17 removed, the owner of the subject property shall be required to provide a la fence around the swimming pool that meets the requirements of Land 19 Development Code, Section 8.00.05(A). 20 21 B. The property on which this Waiver is being approved is described as follows: 22 23 QUEENS COVE UNIT 1 BLK 2 LOT C - LESS N 70 FT-AND ALL LOT D 24 25 Property Tax ID#: 1414-701-0015-000/4 26 27 C. A copy of this Resolution shall be mailed to the owner of record as identified on 2s the application. 29 3o D. This Resolution shall be recorded in the Public Records. 31 File No.: BCC-520134617 July 15, 2014 Page 2 .~. a., 1 After motion and second, the 2 3 Frannie Hutchinson, Chair 4 5 Paula A. Lewis, Vice Chair 6 ~ Chris Dzadovsky, Commissi s 9 Tod Mowery, Commissioner to 11 Kim Johnson, Commissioner 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 s ATTEST: 27 2s 29 30 C 31 - r~~ 32 ~ putt' Clerk 33 34 35 vote on this resolution was as follows: AYE AYE oner AYE AYE AYE PASSED AND DULY ADOPTED This 15`h Day of July, 2014. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORID~'A '~~, r ~~ ~~' / ~_ Chair` APPROVED AS TO FORM AND CORRECTNESS: Count} File No.: BCC-520134617 July 15, 2014 Page 3