The URL can be used to link to this page

Home My WebLink About18-013 - BOABOARD OF ADJUSTMENT RESOLUTION NO. 18-013 File No.: ERD 18-001 A RESOLUTION APPROVING THE APPEAL OF KATHLEEN S. YANCY AND REMOVING THE ENVIRONMENTAL RESOURCES DEPARTMENT DIRECTOR'S DECISION TO REQUIRE THE INSTALLATION OF AN AEROBIC TREATMENT SEPTIC UNIT AS A CONDITION OF APPROVAL FOR AN ADMINISTRATIVE SHORELINE VARIANCE FOR CERTAIN PROPERTY 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: 1 Kathleen S. Yang y presented a letter dated April 12, 2018 ("Appeal Letter"), appealing the decision of the Environmental Resources Department Director pursuant to the Provisions of Section 11.11.02.A of the St. Lucie County Land Development Code to impose the Condition of Approval requiring the installation of an aerobic treatment septic unit associated with the request for a variance from the provisions of Section 6.02.02(B)(2), of the St. Lucie County Land Development Code — St. Lucie River Shoreline Development Regulations, allowing the construction of a new septic system within 300 feet of the St. Lucie River shoreline located at 581 Beach Avenue, in Port St. Lucie. 2. On April 25, 2018, this Board held a public hearing on the petition, after publishing a notice of such hearing. 3. Members of the public — as well as parties represented by counsel — were permitted to address the Board of Adjustment and present their arguments, comments and objections. 4. After consideration of the testimony presented during the public hearing, including staff comments, and the standards of review to be utilized by this Board on matters involving a decision, order, determination or interpretation of any administrative official of the County with respect to the Provisions of the Land Development Code, (Section 12.04.01.C), the Board of Adjustment moved to approve the petition to appeal the decision of the Director with respect to the Provisions of Section 11.11.01.B(3) of the Land Development Code and the following findings: a. The issues raised in the "Appeal Letter" provided substantial competent evidence in the record that an error was made in the decision being appealed from that fails to comply with the requirements of the Land Development Code. April 25 2018 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT BOA Resolution 18-013 p SAINT LUCIE COUNTY File No. ERD 18-00 FILE # 4431196 05/03/2018 12:06:47 PM Page 11 OR BOOK 4127 PAGE 1887 - 1890 Doc Type: RESO RECORDING: $35.50 b. The decision of the Environmental Resources Department Director is not consistent with the Provisions of Section 10.01.30.B.2 of the Land Development Code and does not meet the purpose and intent of protecting water quality as specified in Section 6.02.02 of the Land Development Code. The Board found that aerobic treatment septic units do not provide an environmental benefit and is not an effective way to prevent a decline in water quality of the North Fork of the St. Lucie River. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: A. Kathleen S. Yancy presented a letter dated April 12, 2018 ("Appeal Letter"), appealing the decision of the Environmental Resources Department Director pursuant to the Provisions of Section 11.11.02.A of the St. Lucie County Land Development Code to impose the Condition of Approval requiring the installation of an aerobic treatment septic unit associated with the request for a variance from the provisions of Section 6.02.02(B)(2), of the St. Lucie County Land Development Code — St. Lucie River Shoreline Development Regulations, to allow for the construction of a new septic system within 300 feet of the St. Lucie River shoreline located at 581 Beach Avenue, in Port St. Lucie. The property is within the RC (Residential, Conservation) and RS -4 (Residential, Single Family 4 du/ac) Zoning District's as depicted on the attached map as Exhibit "A" and described as follows: LEGAL DESCRIPTION: Parcel One: Lot 16, Block 18, River Park, Unit Two, according to the Plat thereof as recorded in Plat Book 10, Page 72, of the Public Records of St. Lucie County, Florida. And Parcel Two: That portion of the NE'/ of Section 21, Township 36 South, Range 40 East, bounded on the South by the Westerly extensions of the Northerly right of way of Beach Avenue as shown on the plat of River Park Unit Two, bounded on the East by the East line of said Section 21, and bounded on the North and West by the North fork of the St. Lucie River, St. Lucie County, Florida. PARCEL ONE ID # 3419-510-0231-000-9 PARCEL TWO ID # 3421-114-0000-000-2 B. Based on the evidence presented, the petition appealing the decision of the Environmental Resources Department Director is hereby approved. April 25, 2018 BOA Resolution 18-013 File No. ERD 18-001 Page 12 After motion and second, the vote on this resolution was as follows: Chairman Bob Lowe AYE Vice -Chair, Ron Harris RECUSED Alexander Tommie NAY Michael Jacquin AYE Derek Foxx AYE PASSED AND DULY ADOPTED This 25th day of April, 2018. BOARD OF ADJUSTMENT OF ST. LUCIE COUNTY, FLORIDA )Zfiaimaq� (SEAL) APPROVED AS TO FORM AND CORRECTNESS: ASST. COUNT TTORNEY q-j(")S DATE •30- l � FILING DATE April 25, 2018 BOA Resolution 18-013 File No. ERD 18-001 Page 13 r RIC RIC m 0 1251 250 500 750 1 7m April 25, 2018 File No. ERD 18-001 Exhibit A RS -4 - ,L.. ` IRS_. I i r ( RS4- RS4 RS4 - R r i RIC�— tithGF e x _ ron tt ows •/ RJ4 RIC • yv Zoning Designation r V-1. RC - Residential Conse,,at,on — ROY: Rlgnl of Way 0 Residential Single Fan ,y 14 dutacU i �o 0 2 0 1251 250 500 750 1 7m April 25, 2018 File No. ERD 18-001 Exhibit A RS -4 - ,L.. ` IRS_. I i r ( RS4- RS4 RS4 - R r i RIC�— BOA Resolution 18-013 Page 14 tithGF e RS4 _ ron tt ows •/ RJ4 • Zoning Designation V-1. RC - Residential Conse,,at,on — ROY: Rlgnl of Way 1 000 M FeetRS-4 Residential Single Fan ,y 14 dutacU i BOA Resolution 18-013 Page 14