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Home My WebLink About24-030 PDS ORDER 2024-030 File No. EDO-2404000039 AN ORDER GRANTING A STATUTORY EXTENSION PROVIDED BY SECTION 252.363 FLORIDA STATUTES TO THE APPROVED VARIANCE FOR CERTAIN PROPERTY KNOWN AS THE MULVANEY RESIDENCE LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request fora development order extension timely submitted by Joseph D. Grosso. Jr. Esq, and has made the following determinations: 1. On February 22, 2023, the Board of Adjustments granted approval through Resolution 2023-003 for a Variance request to deviate from the minimum lot width, established by Section 7.04.01 (Table 7-10) - Lot Size and Dimensional Requirements of the St. Lucie County Land Development Code (LDC), within the HIRD (Hutchinson Island Residential District)Zoning District. The applicant proposes a reduction in the required 75-foot lot width by 5.1 ft., to a minimum width of 69.9 ft. for the subject lot, to allow for the future construction of a single-family residence. 2. On September 23, 2022, Governor DeSantis issued Executive Order Number 22-218 declaring a state of emergency for certain counties in the State of Florida, including St. Lucie County, as a result of the threat of Tropical Storm Nine. This emergency declaration was effective on September 23,2022, and would have expired, 60 days later, on November 22, 2022. The Governor also issued Executive Order 22-219 on September 24, 2022, expanding the state of emergency to cover the entire State of Florida. 3. On November 7, 2022, Governor DeSantis issued Executive Order 22-253 declaring a state of emergency for certain counties in the State of Florida, including St. Lucie County, as a result of the impending Subtropical Storm Nicole. This emergency declaration was effective on November 7, 2022, and would have expired 60 days later, on January 6, 2023. However, subsequent executive orders have continued to extend Executive Order 22-253, specifically extending orders 23-02, 23-48, 23-87, 23-133, 23-170, 23-211 and 24-32. 4. On November 21, 2022, Governor DeSantis issued Executive Order 22-268 extending the state of emergency declared in previously issued executive orders 22-218, and 22-219. The extension of the state of emergency was necessitated by the continued recovery efforts and the continued recovery of affected people hit by Hurricane Ian, which still required the support of the State of Florida. This emergency declaration was effective on November 21, 2022, and would have expired, 60 days later, on January 20, 2023. However, subsequent executive orders have continued to extend executive orders 22-218 and 22-219, specifically extending orders 22-268, 23-21, 23-60, 23-104, 23-139, 23-176, 23-214, 24-02 and 24-36. 5. On April 2, 2024, Joseph D. Grosso. Jr. Esq, representing the property owner, filled a File No.: EDO-2404-000039 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT PDS 2024-030 SAINT LUCIE COUNTY Page: 1 FILE# 5339415 05/17/2024 11:11.08 AM OR BOOK 5151 PAGE 1019-1021 Doc Type:ORD RECORDING. $27.00 request to toll and extend the termination date for the property known as "Mulvaney Variance,"pursuant to Executive Orders 22-218, (Hurricane Ian) and Executive Order 22- 253 for (Hurricane Nicole). Subsequent executive orders continued to extend EO 22-218 and EO 22-253 through EO 24-36 and 24-32. 6. Senate Bill 250, approved by the Governor on June 28, 2023, and effective July 1, 2023, amends Section 252.363(1)(a) Florida Statutes, increasing the extension of the expiration dates for such permits or other authorizations from six (6) months to twenty-four (24) months per state of emergency(plus the duration of the emergency declaration), but limiting the extended period under overlapping states of emergency to forty-eight (48) months. When combined,they supersede the maximum allowable forty-eight(48)months by Statute. 7. Section 252.363 Florida Statutes requires that a specific written notice be filed with the issuing authority within ninety (90) days after the termination of the declaration of emergency. The applicant applied for this extension on March 15, 2024,which is within the time frame established by the Statute. 8. Planning Staff performed an analysis of the project and determined that the extension is consistent with the original St. Lucie County Development Orders granting extensions depicted on the attached Exhibit A. Further analysis is found in the memorandum titled "Mulvaney Variance-Executive Order Extension(EDO-2404000039),"dated May 8, 2024. NOW,THEREFORE, BE IT ORDERED by the Planning and Development Services Director of St. Lucie County, Florida: A. Pursuant to Section 252.363 of the Florida Statutes State of Emergency Act, the Variance approval for the project known as Mulvaney Variance, has been found to be eligible for a statutory extension. The approval granted under Resolution No. 2023-003 is extended from its last scheduled date of expiration, February 22, 2024, and now shall expire February 22, 2028, for the property described in Part B, is hereby approved. B. The property on which this Development Order Extension is being granted is described as follows: Legal: Lot 3, Las Tortugas at Hutchinson Island, according to the Map or Plat thereof, as recorded in Plat Book 44 at Page 5 and 5A of the Public Records of St. Lucie County, Florida. Address: 108 Island Dunes Cove, Jensen Beach, FL 34957 Parcel Identification Number: 3534-503-0004-000-1 C. This Variance statutory extension approval shall expire on February 22, 2028, unless a permit is issued and active or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. File No.: EDO-2404-000039 PDS 2024-030 Page: 2 D. The conditions set forth in Part A are an integral non-severable part of the site plan approval as granted by this administrative extension. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, this development order extension approval granted by this Order shall become null and void. E. A copy of this statutory extension shall be placed on file with the St. Lucie County Planning and Development Services Department. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective this �4day of i�"`4y , 2024. I PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Benjamin Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: BY County At orney EXHIBIT — A "Mulvaney Variance" The following table provides a historic timeline of the approvals granted to the subject site plan. Date Approval Approval Granted Expiration Comments Date 06/24/2020 Resolution No. The Board of 06/24/2021 Variance Approval 2020-003 Adjustments 02/22/2023 Resolution No. The Board of 02/22/2024 Variance Approval 2023-003 Adjustments File No.: EDO-2404-000039 PDS 2024-030 Page: 3