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HomeMy WebLinkAbout22-006 - BoABOARD OF ADJUSTMENT RESOLUTION NO. 2022-006 File No.: BA-10202025853 A RESOLUTION DENYING 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: Petition of Christopher & Lydia Hoyt, for a Variance to allow an 8ft. X 23ft. chickee but to encroach six (6) feet into the required 8-foot left side yard setback, providing a total side yard (left) setback of two (2) feet, within the HIRD (Hutchinson Island Residential District) Zoning District. 2. On April 27, 2022, 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, St. Lucie County Land Development Code, the Board of Adjustment has made the following determinations: The requested Variance has not 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. Based on the testimony given, the evidence presented, the proposed chickee but will cause an obstructed view and adversely impact, impair and injure other properties or improvements in the neighborhood; b. The variance requested is not the minimum variance that will make possible the reasonable use of land and structures. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: A. Petition of Christopher & Lydia Hoyt, 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 is denied to allow an 8ft. X 23ft. chickee but to encroach six (6) feet into the required 8-foot left side yard setback, providing a total side yard (left) setback of two (2) feet, within the HIRD (Hutchinson Island Residential District) Zoning District, for the property depicted on the attached boundary survey as Exhibit "A" and more specifically described as follows. - File No. BA-1020, MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT BOA Resolution No. 2022-006 SAINT LUCIE COUNTY Page 1 FILE # 5052951 06/0872022 04:38:02 PM OR BOOK 4839 PAGE 2790 - 2793 Doc TYpe: RESO RECORDING: $35.50 Legal: UNIT NO. 120 WINDMILL VILLAGE BY THE SEA CONDOMINIUM NO. 1, ACCORDING TO THE DECLARATION OF CONDOMINIUM (AS AMENDED) OFFICIAL RECORDS BOOK 189, PAGES 1887 THROUGH 2O07, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. CONTAINING 2,500 SQUARE FEET OF 0.058 ACRES, MORE OF LESS. Address: 10851 S. Ocean Drive, Unit 120, Jensen Beach, FL 34597 Parcel ID Number: 4511-810-0127-000-4 B. Based on the evidence presented, including but not limited to the testimony presented, staff comments, and exhibits, this variance request to allow an 8ft. X 23ft. chickee but to encroach six (6) feet into the required 8-foot left side yard setback, providing a total side yard (left) setback of two (2) feet, within the HIRD (Hutchinson Island Residential District) is denied. C. 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. D. 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 Captain Derek Foxx AYE Commissioner Alexander Tommie NAY Commissioner Stewart Mercer AYE Commissioner Kevin Griffin AYE File No. BA-10202025853 BOA Resolution No. 2022-006 Page 2 PASSED AND DULY ADOPTED this 27th day of April, 2022. r ATTEST: Secretary Clerk BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA Date Chairman ,2 J�� Date APPROVED AS TO FORM AND CORRECTNESS: 44 Aj , L ( R'-� , A County Attorney File No. BA-10202025853 BOA Resolution No. 2022-006 Page 3 Exhibit A File No. BA-10202025853 BOA Resolution No. 2022-006 Page 4