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Resolution
rl Planning and BOARD OF Development Services. COUNTY COMMISSIONERS ® © Planning Division September 27, 2010 David Wright SCANNE012)" 114 Queen Elizabeth Court Ft. Pierce; FL 34949 RE: Resolution approving Swimming.Pool Fence'Waiver This letter `is,to confirm that your request for a waiver from the provisions of Section 8,00.05. (A) of the Land Development Code has .been approved by the Board of County 'Commissioners on June 22, 2010. This approval becomes effective-immediately. Enclosed is a.recorded copy of Resolution No. 10-032 which has been recorded in the public records in Official Record Book'.3213 on Page 1456. Please keep it fo.r your records. This approval does not require:any further authorizations. If you require additional information, please contact me at 772-462-2822. Sincerely, PLANNING & DEVELOPMENT SERVICES PLANNING DIVISION -Kristin Tetsworth - Senior Planner CHRIS DZADOVSKY,District No.1•DOUG COWARD,District No.2•PAULA A.LEWIS;District No.3•CHARLES GRANDE,District No.4•CHRIS CRAFT,District No.'5 County Administrator—Faye W.Outlaw,MPA Website:www.stiucieco.aov 2300 Virginia Avenue-Fort Pierce,FL. 349827-56.52 Planning&Development Services-Phone(772)462-2822 FAX(772)462=1581 1 RESOLUTION NO. 10-012 2 FILE NO.: BCC 820094004 3 By 4 5 A RESOLUTION'OF THE BOARD OF COUNTY COMMISSIONERS OF'ST. 6 LUCIE COUNTY GRANTING APPROVAL FOR A.WAIVER FROM SECTION. 7 8.00.05(A) FENCING REQUIREMENTS FOR A SWIMMING POOL FOR 8 PROPERTY LOCATED AT 114 QUEEN ELIZABETR COURT IN THE RS'-4 9 (RESIDENTIAL, SINGLE FAMILY — 4 DU/ACRE) ZONING. DISTRICT, 10 SITUATE IN ST-. LUCIE COUNTY, FLORIDA. 11 12 13 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida.--based on the 14 testimony and evidence including, but not limited to the staff report, hat made the following i5 determinations: 16 17 1. David Wright petitioned for a waiver from the provisions of Section 8.00.05(A) — 18 Fencing Requirements for a Swimming Pool, of the Land. Development Code, for 19 property located.at 114 Queen Elizabeth Ct., situate in St. Lucie County, Florida,as 20 described in Part A below and depicted on the attached map as Exhibit"A." 21 22 2. On June 22, 2010, this,Board held a public hearing on the petition, after publishing 23 notice: at least 10 days prior to the hearing and notifying by mail all owners of 24 property within 500'feet of the subject property. 25 26 3. After consideration of the testimony presented during the June 22 2010, public 27 hearing, including staff comments and the standards of review for granting waivers 28 set out in Section'8.00.05 (B), St. Lucie County Land Development Code,the Board 29 of County Commissioners had made the following determination: 30 3.1 The requested waiver meets the standards of review as set forth in Section 32 8.00.06 (B),•St. Lucie County Land Development Code and is not in conflict 33 with the.goals,objectives,and policies of the St.Lucie County Comprehensive 34 Plan, because 35 36 a. The subject.swimming pool will not be a hazard to small children by 37 reason of its location,construction,surrounding vegetation and other 38 natural or man-made barriers which are comprised of fencing along, 39 both side.property lines and a canal with a sea wall across the rear of 40 the parcel; 4.1 42 b'. The petitioner has demonstrated that,granting of the requested waiver, 43 would not endanger the public safety in the neighborhood; 44 45 c. The waiver is not in conflict with the general spirit and intent of the St. 46 Lucie County Land Development Code and the St. Lucie County 47 Comprehensive Plan. June 22,2010 JOSEPH E..SMITH,CLERK OF 114E CIRCUIT COURT Resolution No:Page 1 File No.BCC 820094004 SAINT LUCIE COUNTY Page 1 FILE 0-34942e4117/16/2010 at 02:37 PM OR BOOK.3213 PAGE 1456-1459 Doc Type:RESO RECORDING: $35.50 1 2 3 4 5 -NOW, THEREFORE; BE IT RESOLVED by the Board of County Commissioners of.St.. Lucie: 6 County,.Florida:: 7 a A. Pursuant to Section 8.00.05.(B),of the St.,Lucie-County Land Development Cod,0,,a:Waiver 9 from.the Fencing Reduirefnen.ts fora Swimming Pool to:allow the•canal and Sea Wall to.;act 10 as a man-made barrier to the Swimming pool -across the`.rear of the:. parcel is hereby 11 approved forthe property described below. i2 13 14 : :B. The property onrywhich this Waiver is bei,ng„granted,is described as,follows- s 16 17 Legal Description: IS 19 LOT E, BLOCK 8, QUEENS COVE, UNIT 1 ACCORDING TO THE PLAT 20 THEREOF, RECORDED IN PLAT BOOK 11, PAGE 12A OF THE :PUBLIC 21 RECORDS OF ST.LUCIE COUNTY, FLORIDA. .22 23 Location: 114 Queen.Elizabeth Ct.,:St. Lucie County, Florida. 24 2S Parcel ID#: 1414-70.1-0068-000/0 26 27 28 C A cppy`of'#his Resolution Shall;be mailed, return receipt requested;to the owner of'record,as 29 identified on the application.. 30 31 D. This Resolution shall be recorded in,the Public Records. 32 33 34 35 6 ..,: 37 36 39 40 41 42 43 44 45 46 47 48 { 49 I June 22,2010 Resolution No,10=032 File No.BCC 820094004 .Page 2 I After'rhotibn -arid second, the vote on this resolution was as fbllbWs: 2 3 Charles Grande.,-Chairman AYE 4 5 Doug,Coward, Vice Chair AYE 6 7 Commissioner Chris Dtadovsky AYE 8 5 Commissioner Paula A. Lewis AYE 10 11 CommissionerChtis Craft AYE 12 13 i4 _�I%P. SSED.Mo,ouLy-,,ADOPTEI)Jh1s:22nd day.of June; 2010 16 17 BOARQ OF CQIJNTY COMMISSIONERS 18 ST. LUCRE CO NTY, FLORIDA 19 20 77�__, 21 22 _JV BY tu , :-, hairman 23 24 a. 25 26 ATTEST APPROVED AS TO FORM AND 27 CORRECTNESS' 26 29 3 0 31 32 Deputy Clerk Cou6ty Attdrney 33 34 35 -36 37 38 39 40 41 42 43 44 45 46 47 June 22,2010 Draft Resolution No.10-032 File-No.BCC 820094004 Page 3 - 2 3 EXHIBIT A 4 5 Z�� 175S36 N33R4` 1�714103HIVQ N33n0 n 41. a 10 VNIiSI HO N33n0. �1S, ♦ v. o -L o t �� m > b2ryy Co N _� �� U Z U CIO cc U ir ♦ i dp � y � H � Ui a o c .. � � o U.: 5 6 7 Vicin.ity Maps 8 Site Location Map 9 June 22,2010 Draft Resolution No.10-032' File No.BCC 820094004 Page 4_ I