HomeMy WebLinkAbout22-009 - BOABOARD OF ADJUSTMENT
RESOLUTION NO. 2022-009
File No.: VAR-2205-000013
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 Robert Branen of Branen Inc., for a Variance to allow two (2) wood decks,
that exceed the four (4) feet by four (4) feet dimensions for landings, within the required
front and rear yards within the HIRD (Hutchinson Island Residential District) Zoning
District in Windmill Village by the Sea.
2. On July 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 wood
decks will cause an obstructed view and adversely impact, impair and injure
other properties or improvements in the neighborhood; and
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 Robert Branen of Branen Inc., for a Variance from the provisions of Section
7.04.01 (Table 7-10) Lot Size and Dimensional Requirements & Section 7.10.16. of the
St. Lucie County Land Development Code, to allow two (2) wood decks, that exceed the
four (4) feet by four (4) feet dimensions for landings, within the required front and rear
yards 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. VAR-2205-000013 BOA Resolution No. 2022-009
Page 1
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Legal: UNIT NO. 132 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.
ALSO KNOWN AS LOT 132, VILLAGE BY THE SEA REPLAT OF UNITS 1 &
1A, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
16, PAGES 6 THROUGH 6A, PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA.
CONTAINING 1,855 SQUARE FEET OF 0.043 ACRES, MORE OF LESS.
Address: 10851 S. Ocean Drive, Unit 132, Jensen Beach, FL 34597
Parcel ID Number: 4511-810-0139-000-1
B. Based on the evidence presented, including but not limited to the testimony presented,
staff comments, and exhibits, this variance request to allow a wooden deck (4.70 X 9.35
feet in size plus stairs) at 3.92 ft. from the front property line, and wooden deck (4.00 X
4.94 feet plus stairs) at 1.21 ft. from the rear property line, 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
ABSENT
Commissioner
Stewart Mercer
AYE
Commissioner
Kevin Griffin
AYE
File No. VAR-2205-000013 BOA Resolution No. 2022-009
Page 2
PASSED AND DULY ADOPTED this 27th day of July, 2022.
ATTEST:
Clerk
BOARD OF ADJUSTMENT
ST. LUCIE COUNTY LORIDA
Date C r an
APPROVED AS TO FORM
AND CORRECTNESS:
I n-'l;4
Date
dj" (- IL 4'�
As ounty Attorney
File No. VAR-2205-000013 BOA Resolution No. 2022-009
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File No. VAR-2205-000013 BOA Resolution No. 2022-009
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