HomeMy WebLinkAbout20-007 - BOA BOARD OF ADJUSTMENT
RESOLUTION NO. 2020-007
File No.: BA 5202025750
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:
1. Petition_of Igal Zakhodin's for a Variance from the provisions of Section 4.01.04
(Hutchinson Island Height Limitations — Zone B) of the St. Lucie County Land
Development Code to allow a twenty-nine (29) unit townhome development, to be known
as Oceanglass PUD, to exceed the maximum thirty-five (35) foot building height
requirement by seven (7) feet, for a maximum building height of forty-two (42) feet within
the PUD (Planned Unit Development) Zoning District.
2. On August 26, 2020, this Board held a public hearing on this petition, after publishing a
notice in the local newspaper, a sign placed on the property by the applicant, and
notifying by mail all owners of property within 500 feet of the subject property.
3. At the public hearing the Board continued this petition to September 23, 2020.
4. On September 23, 2020, 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 granting of the requested variance will not impair or otherwise injure other
property or improvements in the area in which the subject property is located.
The requested variance does not permit a land use activity that is incompatible
with the surrounding land uses.
b. The granting of the requested variance is associated with a pending amendment
of the site plan that will require final action by the Board of County
Commissioners. If said amendment is not approved by the Board of County
Commissioners this variance shall become null and void.
c. The requested variance meets the general spirit and intent of the St. Lucie
County Land Development and the St. Lucie County Comprehensive Plan.
September 23,2020 JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY BOA Resolution No.2020-007
File No.BA 5202025750 FILE# 4767397 10/14/2020 04:09:25 PM Page 1
OR BOOK 4491 PAGE 2079-2082 Doc Type:RESO
RECORDING: $35.50
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. The petition of Igal Zakhodin for a variance to allow a twenty-nine (29) unit townhome
development, to be known as Oceanglass PUD, to exceed the maximum thirty-five (35)
foot building height requirement by seven (7) feet, for a maximum building height of
forty-two (42) feet for the property depicted on the attached boundary survey as Exhibit
"A" and more specifically described as follows:
Legal: That portion of the North 400 feet of the South one half (S1/2) of Government Lot
5, in Section 2, Township 37 South, Range 41 East, lying West of State Road
A-1-A (North Ocean Drive) and also described as follows:
The North 400 feet of Parcel G, lying West of State Road A-1-A (North Ocean
Drive), F.E. Englar's Plat of Survey, according to the map or plat thereof as
recorded in Plat Book 7, Page 13, Public Records of St. Lucie County, Florida.
Address: West side of South Ocean Drive, approximately 1-mile north of the Martin
County line
Parcel Identification Number: 4502-801-0008-000-8
B. Based on the evidence presented, this variance is approved.
C. This 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 may 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 Robert Lowe AYE
Vice-Chairman Derek Foxx AYE
Commissioner Stewart Mencer AYE
Commissioner Alexander Tommie AYE
Commissioner Kevin Griffin NAY
September 23, 2020 BOA Resolution No. 2020-007
File No. BA 5202025750 Page 2
PASSED AND DULY ADOPTED this 23rd day of September 2020.
BOARD OF ADJUSTMENT
ATTEST: ST. LUCIE COUNTY, FLORIDA
retary Date airm
APPROVED AS TO FORM
AND CORRECTNESS:
le i Filing Date
Asst. County A orney
September 23.2020 BOA Resolution No.2020-007
File No.BA 5202025750 Page 3
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September 23,2020 BOA Resolution No.2020 007
File No.BA 5202025750 Page 4