HomeMy WebLinkAbout02-049 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
RESOLUTION 02-049
FILE NO.: SLR-02-O01
A RESOLUTION GRANTING A VARIANCE FROM SECTION
6.02.02(B)(2)(A)(2), ST. LUCIE COUNTY LAND DEVELOPMENT
CODE - ST. LUCIE RIVER SHORELINE SETBACKS AND A
WAIVER FROM SECTION 8.00.05(A), FENCING REQUIREMENTS
FOR ALLAN AND LORI BIRNBAUM
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
Allan and Lori Birnbaum, presented a petition for a variance from the provisions of Section
6.02.02(B)(2)(a), St. Lucie County Land Development Code and a waiver from the
provisions of Section 8.00.05(A), fencing requirements, for property located at 3307
Eventide Place, along the North Fork of the St. Lucie River.
On June 4, 2002, this Board held a public hearing on the petition, after publishing a notice
of such hearing and notifying by mail all owners of property within 500 feet of the subject
property.
After consideration of the testimony presented during the June 4, 2002, public hearing,
including staff comments and the standards of review for granting variances set out in
'Section 10.01.30, St. Lucie County Land Development Code, the Board of County
Commissioners has made the following determination:
The requested variance, subject to the conditions in Section A below
meets the standards of review as set forth in Section 10.01.30 of the
St. Lucie County Land Development Code and is not in conflict with
the goals, objectives, and policies of the St. Lucie County
Comprehensive Plan.
The variance and waiver granted will not impair other property or
improvements in the neighborhood.
The variance and waiver granted are the minimum needed to allow
the continued use of the fence and meet the requirements for fencing
around pools.
The variance and waiver granted meet the general spirit and intent of
the St. Lucie County Land Development Code and the St. Lucie
County Comprehensive Plan.
File No.: SLR-02-001
June 4, 2002
Resolution 02-049
Page 1
r.....3 r..~ r'-
[_,.i rtl
.---I
m~ rtl
.-.-I
rrlc
o~.
I.--I
--I
1
2
3
4
5
6
7
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
The petition for a Variance from the Provisions of Section 6.02.02(B)(2)(a), St. Lucie
County Land Development Code, St. Lucie River setback standards and a waiver from the
provisions of Section 8.00.05(A), submitted by Allan ."-nd Lori Birnbaum is granted for the
property described below, subject to the following condition:
In the event that the fence along the north or south property lines are
removed, the owner of the subject property shall be required to
provide a fence around the swimming pool meeting the requirements
of Section 8.00.05.
Extensions shall be added to the fences along the north and south
property lines to prevent ready access to the property around the
ends of these fences.
The property on which this vadance and waiver are granted is described as follows:
EVENTIDE. UNIT ONE, LOT 4. Tax ID#: (4424-807-0006-000/3)
(Location: 3307 Eventide Place)
This vadance will allow for a fence within 0 feet of the Mean High Water line of the St.
Lucie River and a waiver from the 4 foot fencing requirements around pools.
The vadance shall not be valid fora period longer than twelve months from the date of this
Resolution - June 4, 2003 - unless a building permit is issued or an extension is granted
After motion and second, the vote on this resolution was as follows:
Chairman Doug Coward
Vice-Chairman Cliff Bames
Commissioner Frannie Hutchinson
Commissioner Paula A. Lewis
Commissioner John D. Bruhn
AYE
AYE
AYE
AYE
AYE
File No.: SLR-02-001 Resolution 02-049
June 4, 2002 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
PASSED AND DULY ADOPTED This 4th Day of June 2002.
ATTEST:
OeFut~lerk
BOARD OF COUNTY COMMISSIONERS
ST. LUClE COUNTY, FLORIDA
BY J /"; '::
APPROVED AS TO FORM
AND CORRECTNESS:
County Attorney
hf
H:\WORD\Petitions\BCC\Finished.02\Birnbaum. P, Z1BirnbaumRES.doc
File No.: SLR-02-001 Resolution 02-049
June 4, 2002 Page 3