HomeMy WebLinkAbout14-014 - BOA2,
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BOARD OF ADJUSTMENT
RESOLUTION NO. 14-014
File No.: BA 320144745
A RESOLUTION DENYING A CONTINUANCE FOR A VARIANCE PETITION FOR
CERTAIN PROPERTY LOCATED AT 7900 HOEFFNER LANE 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:
This case arises from a notice of violation ("NOV") relating to the location of an existing
chicken coop in violation of the AR -1 Zoning District regulations. The AR -1 Zoning
District regulations require 100 foot setbacks between a chicken coop and a neighboring
property line. The chicken coop is located seven (7) feet from the east neighboring side
property line and forty-six (46) feet from the rear property line south. It houses
approximately forty (40) birds.
2. In response to the code enforcement proceedings triggered by the NOV, the petitioners
filed an application for a variance to allow them to maintain the chicken coop in its
current location. Specifically, on March 28, 2014, Eric and Elizabeth Martin filed a
petition for a Variance from the Provisions of Section 7.10.03 of the St. Lucie County
Land Development Code to permit the continued use of a chicken coop that encroaches
into the minimum 100 foot setback required from all property lines. The variance
requests a 93 foot encroachment into the required 100 feet (east property line) side
setback and 54 foot encroachment into the required 100 feet rear setback (south
property line).
1. On September 24, 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.
2. Pursuant to Eric and Elizabeth Martin's attorney's request, the Board continued the
public hearing for this petition to October 22, 2014.
3. On October 21, 2014 Eric and Elizabeth Martin's attorney, via e-mail, requested
another continuance until January. On October 22, 2014 the public hearing was held
by the Board of Adjustment. Neither Eric and Elizabeth Martin nor their attorney were
present.
4. The affected neighbor, Kevin Young was present and requested the Board to deny
the continuance. He testified about the excessive noise and odor he experiences
caused by the chicken coop.
5. After consideration of the testimony presented during the public hearing, including
staff comments, and exhibits, the Board of Adjustment denied the request for a
continuance.
October 22, 2014 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT BOA Resolution No. 14-014
File No. BA 320144745 SAINT LUCIE COUNTY Page 1
FILE # 4013786 11/14/2014 at 04:50 PM
OR BOOK 3690 PAGE 1467 - 1468 Doc Type: RESO
RECORDING: $18.50
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a
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. The request to continue the public hearing set for October 22, 1014, is hereby denied.
B. An appeal from the Board of Adjustment's action may be pursued in accordance with
Section 10.01,07, of the St. Lucie County Land Development Code. Any aggrieved
person by a decision of the Board of Adjustment may, within thirty (30) days after the
rendition of such a decision, appeal to the courts of the State of Florida for relief in
accordance with general law.
After motion and second, the vote on this resolution was as follows:
Chairman Ron Harris AYE
Vice Chairman Richard Pancoast AYE
Commissioner Robert Lowe AYE
Commissioner Buddy Emerson NAY
ommissioner Ron Knaggs AYE
PASSED AND DULY ADOPTED This 22nd day of October, 2014.
ATTEST:
October 22, 2014
File No. BA 320144745
BOARD OF ADJUSTMENT
ST, LUCIE COUNTY, FLORIDA
Chairman
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Asst. County Attorney
BOA Resolution No. 14-014
Page 2