HomeMy WebLinkAbout17-158RESOLUTION 2017-158
FILE NO. BCC 620175139
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY DENYING THE
REQUEST FOR A WAIVER FROM SECTION 8.00.05(A)
FENCING REQUIREMENTS FOR A SWIMMING POOL FOR
PROPERTY LOCATED AT 5415 FORT PIERCE BLVD,
SITUATED IN ST. LUCIE COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners 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. Elgin Hipps and Leigh A. Hipps, presented a petition for a Waiver from the
provisions of Section 8.00.05(A), Fencing Requirements fora Swimming Pool, for
property located at 5415 Fort Pierce Blvd, for the property further described in Part
B below.
2. On August 1, 2017, this Board held a public hearing on the petition, after
publishing a notice of such hearing in the St. Lucie News Tribune and notifying by
mail all owners of property within 500 feet of the subject property at least 10 days
prior to the hearing. The property owner posted a sign on the property.
3. After consideration of the testimony presented during the public hearing, including
staff comments and the standards of review for granting waivers set out in Section
8.00.05(B), St. Lucie County Land Development Code, the Board of County
Commissioners has made the following determination:
The requested waiver does not meet the standards of review as set forth in
Section 8.00.05(B) of the St. Lucie County Land Development Code and is in
conflict with the goals, objectives, and policies of the St. Lucie County
Comprehensive Plan, because:
1. The granting of the requested waiver would create a public safety hazard.
2. The granting of the requested waiver would not comply with the Florida
Building Code and Land Development Code.
3. The requested waiver does not meet the general spirit and intent of the St.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
File No.: BCC -620175139 SAINT LUCIE COUNTY
August 1, 2017 FILE # 4342934 08/22/2017 08:06:40 AM Page 1
OR BOOK 4033 PAGE 1835 - 1837 Doc Type: RESO
RECORDING: $27.00
Lucie County Land Development Code and St. Lucie County Comprehensive
Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. Pursuant to Section 8.00.05(A) of the St. Lucie County Land Development Code,
a Waiver from the Fencing Requirements fora Swimming Pool to allow the natural
water body and vegetation along the lake to act as a barrier to the swimming pool
across the west property line of the subject parcel is hereby denied.
B. The property on which this Waiver is being requested is described as follows:
Lakewood Park Unit 4 Blk 29 Lots 16, 17, and 18 (Map 13/11 S) Plat Book
11, Page 2.
Property Tax ID#: 1301-604-0058-000/2
C. A copy of this Resolution shall be mailed to the owner of record as identified on
the application.
D. This Resolution shall be recorded in the Public Records.
After motion and second, the vote on this resolution was as follows:
Chris Dzadovsky, Chairman AYE
Tod Mowery, Vice Chairman AYE
Linda Bartz, Commissioner AYE
Frannie Hutchinson, Commissioner ABSENT
Cathy Townsend, Commissioner AYE
File No.: BCC -620175139
August 1, 2017
Page 2
PASSED AND DULY ADOPTED This 1 st Day of August, 2017.
ATTEST:
RAO���
Dep ty Clerk
File No.: BCC -620175139
August 1, 2017
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chai an
APPROVED AS TO FORM
AND CORRECTNESS:
Page 3