HomeMy WebLinkAbout19-006 - BOABOARD OF ADJUSTMENT
RESOLUTION NO. 19-006
File No.: BA 1020185384
A RESOLUTION APPROVING A VARIANCE FOR
CERTAIN PROPERTY LOCATED AT 808 OSPREY COURT, 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 Michael Chesanek for a variance from the provisions of Sections 7.10.16 F. 1.
— Setbacks and 7.10.16 Q.1.a.1. (b) & (d), of the St. Lucie County Land Development
Code, which provide minimum building setbacks for all recreational vehicle lots existing
on or before August 1, 1990, to allow a raised wood deck, accessory to a mobile home
within the required side and rear yard. Said mobile home located within the Ocean
Resort Co-op, and the HIRD, Hutchinson Island Residential District Zoning District.
2. On January 23, 2019, 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 and continued the item to the March 27,
2019 Board meeting.
3. On March 27, 2019, this Board continued the public hearing on the petition.
4. After consideration of the staff comments and applicant's exhibits presented during the
public hearing, including 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:
a. The requested variance for a 5ft. encroachment into the required 5ft. rear yard
setback for a 30 ft. wide section of deck 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 the raised deck would not impair or injure other
property or improvements in the neighborhood in which the subject property is
located.
b. The requested variance for an 8 ft. encroachment into the required 8ft. side yard
setback for an 11 ft. linear section of deck 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, with the condition that the deck meets the applicable fire
separation distances (3ft. from site/lot line for non-combustible materials and 5ft.
for combustible materials) because there are unique circumstances and the
requested raised deck subject to said conditions would not impair or injure other
property or improvements in the neighborhood in which the subject property is
located.
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT BOA Resolution No. 19-006
File No. BA 1020185384 SAINT LUCIE COUNTY Page 1
FILE # 4554368 04/15/2019 12.31-34 PM
OR BOOK 4256 PAGE 1419 - 1422 DOC Type: RESO
RECORDING: $35.50
(The Board of Adjustment denied an additional request for a 4.65 ft encroachment
in to the side (west) setback, as contained within Board of Adjustment Resolution
No. 19-007, also adopted March 27, 2019.)
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. Petition of Michael Chesanek for a variance from the provisions of Sections 7.10.16 F. 1.
— Setbacks and 7.10.16 Q.1.a.1. (b) & (d), of the St. Lucie County Land Development
Code, which provide minimum building setbacks for all recreational vehicle lots existing
on or before August 1, 1990, to allow construction/retention of a raised wood deck,
accessory to a mobile home, within the required side and rear yard. Said mobile home is
located within the Ocean Resort Co-op, and the HIRD, Hutchinson Island Residential
District Zoning District, for property depicted on the attached map as Exhibit "A" and
described as follows:
Parcel 1
Campsite No. 343 within OCEAN RESORTS COOPERATIVE, a Cooperative
Campground, according to Exhibit "F," being the master Owner's Proprietary Lease
recorded on March 18, 1992, in O.R. Book 780, page 2445, public records of St.
Lucie County, Florida, and being a portion of the following described property:
The South 1000 feet of that part of Government Lot 3, Section 11, Township 34
South, Range 40 East as measured along the East right of way of State Read A-1-A
and lying East of said right of way; Together with all that property lying South of a
line running from East to West from the Atlantic Ocean to the Indian River 3828.75
feet South of and parallel to the North line of Sections 9, 10 and 11, Township 34
South, Range 40 East, and lying West of the right of way of State Road A-1-A, less
the following described parcel:
Parcel No. I: Beginning at a point on the South line of Section 11, Township 34
South, Range 40 East, said point being 262 feet West of the intersection of the West
right of way of State Road A-1-A and the South line of said Section 11; thence run
North at a right angle to the said South line a distance of 207 feet; thence run West
and parallel to the said South line a distance of 432 feet; thence run South to a point
on the said South line of Section 11; thence run East along the South line of Section
11 a distance of 432 feet to the point of beginning.
SAID SITE CONTAINING 0.05 ACRES, MORE OR LESS.
Tax Identification Number: 1410-502-0343-000-9
Location: 808 Osprey Court, Fort Pierce, FL — Site 343 within the Ocean Resorts
Co-op
B. Based on the evidence presented, the requested variance for a 5ft. encroachment into
the required, 5ft., rear yard setback for a 30 ft. wide section of deck was approved and a
variance for an 8 ft. encroachment into the required, 8ft., side yard setback for an 11ft.
BOA Resolution No. 19-006
File No. BA 1020185384 Page 2
linear section of deck subject to the condition that the deck meets the applicable fire
separation distances (3ft. from site/lot line for non-combustible materials and 5ft. for
combustible materials).
C. The granted variance shall expire twelve months from the date of adoption unless a
building permit is approved or an extension is granted in accordance with Section
10.01.06, of the St. Lucie County Land Development Code
D. This Order shall become effective upon the date indicated below. An appeal from the
Board of Adjustment's action must be processed within thirty (30) days following the
rendition of the decision of this order in accordance with Section 10.01.07, of the St.
Lucie County Land Development Code.
E. This Order shall be recorded in the public records of St. Lucie County.
After motion and second, the vote on this resolution was as follows:
Chairman
Ron Harris
AYE
Vice Chairman
Robert Lowe
AYE
Commissioner
Derek Foxx
ABSENT
Commissioner
Alexander Tommie
AYE
Commissioner
Michael Jacquin
AYE
PASSED AND DULY ADOPTED This 27' day of March, 2019.
BOARD OF ADJUSTMENT
ST. LUCIE COUNTY, FLORIDA
ate Chairman
APPROVED AS TO FORM
I f AND CORRECTNESS:
to 1
J .r--
Asst. Cou y Attorney
BOA Resolution No. 19-006
File No. BA 1020185384 Page 3
Exhibit A
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BOA Resolution No. 19-006
File No. BA 1020185384 Page 4