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HomeMy WebLinkAbout02-304JOANNE HOLMAN,oOLERK DF THE OIRg~II OOURT ] SAINT LUCIE GOUNTY File Number: ~24014 OR BOOK 17~8 PAGE 11~5 Recorded:06/~3/03 10:18 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 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION 02-304 FILE NO.: BCC-O2-0081$LR-02-O02 A RESOLUTIOI~ GRANTING A VARIANCE FROM SECTION 6.02.02(B)(2)(A)(2), ST. LUCIE COUNTY LAND DEVELOPMENT CODE - ST. LI. CIE RIVER SHORELINE SETBACKS AND A WAIVER FROM SECTION 8.00.05(A), FENCING REQUIREMENTS FOR MARK ANI:: DARA FEDELE 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: Mark and Dara Fede e, 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 Sectior 8.00.05(A), fencing requirements, for the property depicted on the attached maps as Exhibit "A" and described below. On December 3, 2002, this Board held a public hearing on the petition, after publishing a notice of such hearir g and notifying by mail all owners of property within 500 feet of the subject property. After consideration of the testimony presented during the December 3, 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 'nade 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 continue d 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 Com =rehensive Plan. File No.: BCC-02-008/SLR-02-00; Resolution 02-304 December 3, 2002 Page 1 OR BOOK 1738 PAGE 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 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 Mark and Dara Fedele is granted for the property for the property depicted on the attached maps as Exhibit "A" and described in Part B, subject to the following condition: In the event' hat the fence along the north or south property lines are removed, the owner of the subject property shall be required to provide a fer ce 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 variance and waiver are granted is described as follows: BEING ALL OF LOT .'., BLOCK 7, ACCORDING TO PLAT NO. 2, BEAU RIVAGE, AS RECORDED IN PLAT BOOK 11, PAGE 25 OF THE PUBLIC RECORDS OF ST. LUClE COUNTY, FLORIDA. ~Tax ID#: 4424-802-0003-000/7) (Location: 129 South Shore Road. Beau Rivage Subdivision.) This variance 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 variance shall nct be valid for a period longer than twelve months from the date of this Resolution - December 3, 2003 - unless a building permit is issued or an extension is granted After motion and sec3nd, the vote on this resolution was as follows: Chairman Cliff Barnes Vice-Chairman Paula A. Lewis AYE ABSENT File No.: BCC-02-008/SLR-02-00? Resolution 02-304 December 3, 2002 Page 2 OR BOOK 1738 PAGE 1137 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner John D. Bruhn AYE AYE AYE PASSED AND DULv ADOPTED This 3rd Day of December 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COU, N /~ '. Ch~[man,,. '... " ATTEST: -'APPROVED. ~A$ TO FORM AND .C..O RRECTN ESS~ 23 . 26/' teputy Cl~kI 34 35 36 37 38 39 40 41 42 43 44 45 46 47 hf H:\WORD\Petitions\BCC\Finished. ~)2\Fedele. SLR\FedeleRES.doc File No.: BCC-02-008/SLR-02-002 Resolution 02-304 December 3, 2002 Page 3 OR BOOK 1738 PAGE 1138 6 7 8 9 10 11 12 13 14 15 16 17 1 2 3 4 5 Exhibit A Maps General Location Map Area Subject to the Shoreline Variar ce Fire No.: BCC-02-008/SLR-02-00;= Resolution 02-304 December 3, 2002 Page 4 LL ~0 0 ~ 0 ~ I o 0 OR BOOK 1738 PAGE 1139 8 ~LN/~O0 Zoning 24A Mark and Dara Fedele 25A _~6A 27A 28A St. Lucie 8 30 .~l Lone ~A 4lA 39 Rood BCC-02-C08 ~///./~////~,~ This pattern indicates subject parcel / \ Mo4~ crepared November 20, 2002