HomeMy WebLinkAbout21-009 - BOA MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 4917744 09/01/2021 10:24.26 AM
OR BOOK 4677 PAGE 1545-1548 Doc Type:RESO
RECORDING: $35.50
BOARD OF ADJUSTMENT
RESOLUTION NO. 2021 -009
File No.: BA - 5202126029
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 Jerry and Elisa Groendyke for a Variance from the provisions of St.
Lucie County Land Development Code (LDC) Section 7.04.01 (Table 7-10) to
permit a new screened pool enclosure to encroach 5-feet into the required
minimum 15-foot rear yard setback, providing a 10-foot rear yard setback, within
the RS-4 (Residential, Single-Family — 4du/ac) Zoning District.
2. On July 28, 2021, this Board held a public hearing on the petition after publishing
a notice of such hearing, in the St. Lucie News Tribune, installing a sign on the
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 of the 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, and is not in conflict with the
goals, objectives, and policies of the St. Lucie County Comprehensive Plan,
because:
a. The granting of the Variance will allow the applicants to maintain a
good quality of life. The screen enclosure will offer protection from
mosquitos that could cause a health situation;
b. There were no owners of property within 500 feet of the subject
property that objected to the Variance;
c. The screen enclosure will not impair or injure other property or
improvements in the neighborhood in which the subject property is
located because there is nothing behind the house except the
Savannah's conservation and wetland area.
File No. BA-5202126029 BOA Resolution No. 2021-009
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie
County, Florida:
A. The petition of Jerry and Elisa Groendyke for a Variance from the provisions of
Section 7.04.01 (Table 7-10) - Lot Size and Dimensional Requirements of the St.
Lucie County Land Development Code to permit a new screened pool enclosure
to encroach 5-feet into the required minimum 15-foot rear yard setback, providing
a 10-foot rear yard setback, for the property depicted on the attached Site Plan
as Exhibit "A" and more specifically described as follows:
Legal Description:
LOT 21, BLOCK 79, INDIAN RIVER ESTATES UNIT NINE, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 74 OF THE
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA
Location: 5808 Papaya Drive, Fort Pierce, FL 34982
Parcel ID Number: 3402-610-0286-000-4
B. Based on the evidence presented, this Variance to encroach into the required
minimum 15-foot rear yard setback is approved.
C. This Variance shall expire twelve (12) 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 filed with the courts of the State of
Florida 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.
File No. BA-5202126029 BOA Resolution No. 2021-009
After motion and second, the vote on this Resolution was as follows:
Chairman Robert Lowe AYE
Vice Chairman Derek Foxx AYE
Commissioner Alexander Tommie AYE
Commissioner Stewart Mercer ABSENT
Commissioner Kevin Griffin AYE
PASSED AND DULY ADOPTED this 28th day of July 2021.
BOARD OF ADJUSTMENT
ATTEST: ST. LUCIE COUNTY, FLORIDA
Secreta Date C3.ai a
APPROVED AS TO FORM
AND CORRECTNESS:
ClerT Date
( aAt
Ass't. County Attorney
File No. BA-5202126029 BOA Resolution No. 2021-009
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File No. BA-5202126029 BOA Resolution No. 2021-009