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BOARD OF ADJUSTMENT
RESOLUTION. NO. 16-004
File No.: BA 420154864
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 Morris L. Garten 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 four (4) multi -family buildings to exceed the maximum 35 foot building height
requirement by seven feet, for a total building height of 42 feet in the HIRD (Hutchinson
Island Residential District) Zoning District.
2. On February 24, 2016 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 variance does not impair or otherwise injure other property or improvements
in the areaJin which the subject property is located, and
b) The variance is the minimum necessary that will make possible the reasonable
use of the land, building and structures due to development constraints with
wetlands and the coastal construction line.
c) The variance meets the general spirit and intent of the St. Lucie County Land
Development Code and the St. Lucie County Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment 'of St. Lucie County,
Florida:
A. Petition of Morris L. Garten 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 four (4) multi -family buildings to exceed the maximum 35 ,foot- building height
requirement by seven feet, for a total building height of 42 feet in the HIRD (Hutchinson
JOSEPH E. SMITH, CL --`—
February 24, 2016 F►LSAINT 17398E COU,
RK OF rHE CIRCU�r BOA Resolution No. 16-004
File No. BA 420154864 OR BOO 8103/30/2016 at 07.19 COURT Page 1
RECORDING: 51 PAGE 275 - 278 Da
$35.50 YPe: RES.
1 Island Residential District) Zoning District, for the property depicted on the attached map
2 as Exhibit "A" and described as follows:
3
4 Parcel #1
5 The South 440 feet of the North 880 feet of Government Lot 1, Section 29, Township
6 35 South, Range 41 East, St. Lucie County, Florida
7
8 Parcel #2
9 The South 440 feet of Government Lot 1, Section 29, Township 35 South, Range 41
10 East, St. Lucie County, Florida, being more particularly described as follows:
11
12 Beginning at a point 880 feet South from the Northwesterly corner of Government Lot 1,
13 Section 29, Township 35 South, Range 41 East; thence running Easterly and parallel
14 with the Northerly line of said Lot to the Atlantic Ocean; thence running Southeasterly
15 along the said Atlantic Ocean to the South line of said Lot; thence running Westerly
16 along the South line of said Lot to the Southwesterly corner of said Lot; thence running
17 Northerly along the West line of said Lot to the Point of Beginning. Together with all
18 riparian and littoral rights thereunto appertaining.
19
20 Parcel #3
21 The South 2/3 of Government Lots 1 & 2, as measured along the common line
22 between Government Lots 1 & 2, Section 30, Township 35 South, Range 41 East, St.
23 Lucie County, Florida.
24
25 Parcel #4
26 The Northerly 1040.5 feet of Government Lots 3 & 4, as measured along the common
27 line between Government Lots 3 & 4, Section 30, Township 35 South, Range 41 East,
28 St. Lucie County, Florida.
29
30 Parcel #5
31 Section 30, Township 35 South, Range 41 East, St. Lucie County, Florida: that part of
32 Government Lots 3 & 4 lying south of the following described line. From the intersection
33 of the east line of Section 30 and the southwesterly road right-of-way line of State Road
34 A -1-A, thence south 00°08'10" along the easterly line of Section 30, 72 feet to a point of
35 beginning; thence North 80°24'48" West 655 feet, thence South 74021'36" West 1110
36 feet more or less to the Indian River and the end of the described line: less that part lying
37 South of the following described line. From the intersection of the east line of Section 30
38 and southwesterly road right-of-way of State Road A -1-A, thence South 00008'10" East
39 along the east line of Section 30, 725 feet to Government Meander Line, thence North
40 80024'48" West along the Government Lot Meander Line 655 feet, thence South
41 74°21'36" West 1110 feet more or less to the Indian River and the end of this described
42 line, containing 25.12 acres more or less as recorded in OR Book 1997, Page 571.
43
44 Tax Identification Numbers: 2529-222-0002-000/6, 2529-223-0001-000/2, 2530-111-
45 0002-000/9, 2530-131-0001-000/4 and 2530-134-0002-000/0.
46
47 Location: Both sides of Highway A1A, approximately 1260 feet south of Frederick
48 Douglas Park.
February 24, 2016 BOA Resolution No. 16-004
File No. BA 420154864 Page 2
N
{ 1 B. An appeal from the Board of Adjustment's action may be processed in accordance with
2 Section 10.01.07, of the St. Lucie County Land Development Code.
3
4 C. The variance is issued for a Final Development Order as described under LDC, Section
5 11.02.00, and shall expire upon the termination of the Final Development Order for
6 Hutchinson Sands Major Site Plan, unless the Final Development Order is extended or
7 otherwise to be compliant with the provisions of the Code.
8
9 After motion and second, the vote on this resolution was as follows:
10
11 Chairman, Ron Knaggs AYE
12 Vice -Chairman, Bob Lowe AYE
13 Commissioner Derek Foxx AYE
14 Commissioner Richard Pancoast AYE
15
16 PASSED AND DULY ADOPTED This 24th day of February, 2016.
17
18 BOARD OF ADJUSTMENT
ATTEST: ST. LUCIE COUNTY, FLORIDA
February 24, 2016
File No. BA 420154864
Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
Asst. County Attorney
BOA Resolution No. 16-004
Page 3
re
ry
February 24, 2016
File No. BA 420154864
Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
Asst. County Attorney
BOA Resolution No. 16-004
Page 3
Exhibit A
February 24, 2016
File No. BA 420154864
BOA Resolution No. 16-004
Page 4