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HomeMy WebLinkAboutNotice To ProceedF LORMA D EPATk11J'NT OF �LStiSt�' � SENVIRONMENTAL PROTECTION Bureau of Beaches and Coastal Systems FLOR3900 Commonwealtli Blvd., Mail Station 300 Tallahassee, Florida32399-3000 Telephone (850) 488-7708 NOTICE TO PROCEED Permittee Name: Idlewild Hutchinson Island, LLC c/o Thomas K. Benedict, President The Benedict Group 1525 NW 3rd Street, Suite 1 Deerfield Beach,. Florida 33442 Permit Number: SL-283 Permit Expires: June 1, 2015 You are hereby granted final authorization to proceed with the construction or activities authorized by this notice. Authorized work must conform with the project description, approved plans, all conditions of Chapter 62B-33, Florida Administrative Code, any preconstruction requirements, and all permit conditions. Project Description: Construction of a single-family dwelling, swimming pool, other structures/activities, excavation and placement of fill. Project Location: Between approximately 407 feet and 544 feet north of the Department of Environmental Protection's reference monumei -bin St. Lucie County. Special Instructions: A preconstructiori conference is required. The permittee sliall comply with all permit conditions. Questions regarding this notice should be directed to the undersigned at the above address. Molly Edson, P�h# t Manager ME/sc cc: Permit File Permit Information Center Mark Taynton, Field Inspector Idlewild Hutchinson Island, LLC; Property Owner St. Lucie Building Official 9 � Date Vlb Post Conspicuously on the Site DEP Form 73-131 (Updated 2/06) i Florida Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32390-3000 June 4, 2012 Idlewild Hutchinson Island, LLC c/o Thomas K. Benedict, President The Benedict Group 1525 NW 3rd Street, Suite 1 Deerfield Beach, Florida 33442 Dear Mr. Benedict: Notice to Proceed Issued Permit Number: SL-283 Permittee Name: Idlewild Hutchinson Island, LLC Rick Scott Governor Jennifer Carroll Lt. Governor Herschel T. Vinyard, Jr. Secretary Your request for a permit -pursuant toSection 161.053, Florida Statutes, for construction or other activities, seaward of the coastal construction control line, has been approved by the Department of Environmental Protection; the permit is enclosed. However, construction may not commence until after the permittee complies with any preconstruction requirements described in Special Permit Condition 1, 2 and 3. Please read the permit and permit conditions. including both the General Permit Conditions and any Special Permit Conditions closely before starting construction. General Permit Conditions 1(q), 1(r), and l(s) pertain to written reports which must be submitted to the Department of Environmental. Protection at specified times. Forms for use in preparation of these reports are enclosed. Make sufficient copies of the periodic report form to provide the required reports. The periodic reports are due in the office of the Bureau of Beaches and Coastal Systems on a monthly basis on the last working day of each month. No progress reports are required until such time as construction activities' have started. ' The permit will expire June 1, 2015. Upon receipt of a timely written request signed by the permittee or authorized agent, the Departmeiit.will consider extending the permit for up to but no more than three years. You must apply for a new permit for completion of any work not accomplished under the original permit. Although you may apply for a new permit, there is no assurance that such new permit for the same construction or activities would be approved NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under sections 120.569 and 120.57, Florida Statutes, before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the hearing process may result in a modification of the agency action or even denial of the application. iinnv.(lep.stare fl its Thomas K. Benedict, President June 4, 2012 Page 2 Petition for Administrative Hearin A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding (hearing) under sections 120.569 and 120.57, Florida Statutes. Pursuant to rule 28-106.201, Florida Administrative Code, a petition for an administrative hearing must contain the following information: (a) The name and address of each agency affected and each agency's file or, identification number, if known; (b) The name, address, and telephone number of the :petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests are or will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged,. including the specific facts that the petitioner contends warrant reversal or modificationof the agency's proposed action; (f) A statement of the specific titles or statutes that the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner,. stating precisely' the .action that the petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee,. Florida 32399-3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. Time Period for Filing a Petition In accordance with rule 62-110.106(3), Florida Administrative Code, petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under section 120.60(3), Florida Statutes, must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under section 120.60(3), Florida Statutes, however, any person who has asked the Department for notice of agency actbn may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under sections 120.569 and 120.57, Florida Statutes, or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with rule 28406.205; Florida Administrative Code. Thomas K. Benedict, President June 4, 2012 . Page 3 Extension of Time Under rule 62-110.106(4), Florida Administrative Code, a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, before the applicable deadline for filing a petition for an administrative hearung. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. Judicial Review Once this decision becomes final, any party to this action has tile, right to seek judicial review pursuant to section 120.68, Florida Statutes, by filing a Notice of Appeal pursuant to rules 9..110 and 9.190, Florida Rules of Appellate. Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed -with the Clerk of the Department. The authorized work is strictly limited to that described on the enclosed permit. If you have any questions pertaining to this permit please contact me by mail at the letterhead address (add Mail Station 300), or by telephone at 850/488-7708, or by e-mail atmoll .ey dsoii@dep.state.fl.us. Sincerely, Molly Edson, Perini Manager Bureau of Beaches and Coastal Systems ME/sc Enclosures cc: ' Permit. Information Center Mark Taynton, Field Inspector St. Lucie Building Official Idlewild Hutchinson Island, LLQ Property Owner PERMITTEE: Idlewild Hutchinson Island, LLC PERMIT NUMBER: SL-283 PAGE 3 SPECIAL PERMIT CONDITIONS: l . ' Prior to commencement of construction .activity authorized by this permit, , a preconstruction conference shall b6 held at the site among the contractor, the owner or authorized agent, and a. staff representative of the Bureau of Beaches and Coastal Systems to establish an understanding among the parties as to the items specified in the special and general conditions•of the permit. The proposed locations of the structures shall be staked out for the conference. Contact Marlc Taynton .at (850) 488-7708 to schedule a conference. 2. Prior to commencement of construction activity authorized by this permit, a temporary construction fence shall be erected along the perimeter of the permitted activity. This fence shall remain in: place until the construction authorized by this permit is complete. The temporary construction fence shall be subject to approval;fronl a staff representative of the Bureau of Beaches and Coastal Systems so as to provide maximum protection to the existing vegetation located on the site. 3. All imported fill material shall be obtained from a source landward of the control line and shall consist of sand which is similar to that already oh the site 'in both grain size and.coloration. All fill material shall be free of construction debris, rocks, or other foreign matter. A sample of the sand shall be provided to the staff representative during the preconstruction conference. 4. All material to be excavated seaward of the coastal construction control line as -part of construction authorized under this permit shall remain in and be placed in areas seaward of the coastal, construction control line unless otherwise authorize&by the Department. 5. All vegetation shall be planted as depicted in the approved. landscape plan. 6. Prior to completion of construction activities authorized by this permit, the permittee shall conduct the following dune restoration and management activities: 6.1. . Any existing invasive nuisance species listed in the Florida Exotic Pest Plant Council'& List of Category I and II Invasive Species, including but not limited to, Australian Pine (Casuarina spp.), Brazilian Pepper (Schinus terebinthifolius), and Beach Naupaka (Scaevola sericea), shall be removed from and disposed of landward of the control line. 6.2. All dune areas, disturbed by exotic plant removal or barren due to foot traffic or other human activities shall be re -vegetated with native dune vegetation indigenous to. the beach dune plant communities in the area. A mix of a minimum of three native salt -tolerant species, including coastal shrubs such as saw palmetto, Semnoa repens, or sea grape, Cocoloba uvifera, and soil stabilizing grasses such as sea oats,; Uniola paniculata; or bitter panicum, Panicum amarunr shall be planted within any disturbed dune areas. 6.3. Irrigation shall be -entrenched I to 3 inches below,grade sq as not to pose a barrier to sea -turtle hatchl.ings and to allow for easy removal. The irrigation system shall be designed and maintained so that watering of the unplanted sandy beach- does not occur. In the event a sea turtle nest is deposited within the newly established dune planting area, ilie permit holder shall modify the irrigation. system so that watering within 1.0 feet of the nest does not occur. j PERMITTEE: Idlewild Hutchinson Island, LLC PERMIT NUMBER: SL-283 PAGE 4 Daily inspection of the irrigation system shall be conducted by the permit holder to ensure compliance with this condition. 6.4. Within 180 days of installation, a minimum 90 percent overall survival rate of the dune enhancement plants will be established and 80 percent of the planted area covered with the selected species. The permittee sliall replant all deficient areas and maintain the plantings until the above success criterion are met. i 6.5. Prior to submitting the final certification required by General Permit Condition 1(s),. the, permittee shall submit to the Department a stamped as -built from a licensed landscape architect, registered in the State of Florida or other licensed professional of comparable qualifications, that dune enhancement has been completed in full accordance with the special permit conditions and the approved planting plan. 7. No construction, operation, transportation or storage of equipment or materials, and no temporary lighting of the construction area is authorized in sea turtle nesting habitat,. seaward of the frontal dune crest or rigid coastal protection structure in marine turtle nesting habitat at any time during the sea turtle nesting season (March 1 through October 31). 8. All lighting shall be installed and maintained as depicted in the approved.lighting schematic. No additional permanent exterior lighting is authorized, All bulbs must be amber or red LED. CAVEAT: Due to potential adverse impacts to the beach and dune system that may result from additional development on the property, the shore -parallel and seaward extent of the permitted structures shall not be increased, nor will any additional major structures be permitted which would exceed the limits established by the permitted construction seaward of the coastal construction control line. Approved plans are incorporated into this permit by reference. Done and ordered this day of , IItiP, 2012, in Tallahassee, Florida. Attachment: General Permit Conditions 1 FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to S120.52 Florida' Statutes, with the designated Department Clerk, receipt :of which is hereby ac owledged. puty Da State of Florida Department of Environmental Protection VZ2�' Danielle H. Fondren, Chief Bureau of Beaches and Coastal Systems STATE OF-FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Water Resource Management Bureau of Beaches and Coastal,Systems 3900 Commonwealth Blvd. Mail Station 300 Tallahassee, Florida 32399-3000 (850) 488-7708 PERMIT NUMBER: SL-283 PERMITTEE Idlewild Hutchinson Island, LLC c/o Thomas K. Benedict, President The Benedict Group 1525 NW 3rd Street, Suite 1 Deerfield Beach, Florida 33442 PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES PURSUANT TO SECTION 161 ,�053, VLORIDA STATUTES FINDINGS OF FACT: An application for authorizet construction control line that are indicated in the pro named herein on September 8, 2011, and was determin The proposed project is to be located landward of the continuous line of construction established by major sin CONCLUSIONS OF LAW: After considering the me affected persons, the Department finds that upon cc indicated in the project description of this permit are c adverse impacts to the beach/dune areas or to adjacent impact nesting sea turtles,, their liatchlings, or their ha appropriately designed in accordance with Section 62E cumulative impacts to the beach and dune system thz parallel width of the proposed construction represent 1 Department. Therefore,. future construction on the site sl extend further seaward of, or increase the shore par approved pursuant to this permit. Based on the forel application; authorizes construction and/or activities at the project description, the approved plans (if any),and. are by this reference incorporated herein, and any ad, 161.053(4), Florida Statutes. EXPIRATION DATE: June 1, 2015 LOCATION: Between approx' tely 407 feet and Protection's reference nionuirienfIRAMFiTi St. Lucie Co PROJECT DESCRIPTION: Single -Family Dwelling n to conduct the activities seaward of the coastal ;t description,. was fled by the applicant/permittee to be complete pursuant to rule on March 5, 2012. 0-year erosion .projection. There is no uniform and :ores in the immediate area. is of the proposal and any written objections from ipliance with the permit conditions, the activities such .a nature that they will result in no significant roperties; that the work is not expected to adversely tat; that the work is expendable in nature and/or is 13.005, Florida Administrative Code. The direct and will be caused by the seaward location and shore - maximum such impacts that are acceptable to the ward of the coastal construction control line shall not lel coverage occupied by, the proposed structures ung considerations, the Bureau Chief approves the re location indicated below in strict accordance with ►e General Permit Conditions which are attached and tional conditions shown below, pursuant to Section 4 feet north of the Departmer t of Environmental Y. V 1. Location relative to control line: A maximum of 139.3 feet seaward. 2. Exterior dimensions: 54.2 feet in the shore -normal direction by 99.2 feet in the shore -parallel direction. PERMITTEE: Idlewild Hutchinson Island, LLC PERMIT NUMBER: SL-283 PAGE 2 3. Type of foundation: Pile. 4. �tiEtle,ahimitioflt►ndees ►;t►c ue narking area: �13�0 feet {1^1A Swimming Pool l . Location relative to control line: A maximum of 148 feet seaward. 2. Exterior dimensions: Approximately 20 feet in the shore -normal direction by 61 feet in the shore - parallel direction. 3. Deck elevation of swimming pool: 5 ee ( - L-)Y- 4. Bottom elevation of swimming pool: 48. feetT(NA�'j � ). 5. Maximum depth of swimming pool: 5 feet. 6. Height of pool deck above existing grade: 0 feet. The pool deck is on grade and the pool coping is 18-inclies above grade. 7. Total volume of excavation: 67.4 cubic yards. Excavation/Fill 1. Total volume of excavation: Approximately 104 cubic yards. Volume of net excavation: None; excavated material to be placed as fill on the project site. 2. Location of excavation: From 85.3 feet to 154 feet seaward of the control line. 3. Maximum depth of excavation: To elevatioi 8 tfft 5 fe t 4 w , meet below existing grade (not including piles). 4. Volume of fill to be placed: Approximately 180.2 cubic yards. 5. Location of fill to be placed: From 83 feet to 154 feet seaward of the control line. Other Structures/Activities l . Paver areas of maximum dimensions 140 feet shore -normal by 80 feet shore -parallel and including the driveway, walkways and pool deck are to be located a maximum of 154 feet seaward of the control line. 2. Landscape planting. 3. , Exterior lighting. Florida Department of Envhonmenlal Proleclion (DEP) Division or Water Resource Management `ci�t�'rrltW,l0.0� ✓ Bureau of Beaches and Coastal Systems 3900 Commorrweallh Boulevard, Mall Stalion 300 Tallahassee, Florida 32399-3000 FLOR A (850)488.7708 o - _.. General Permit Conditions Rule 62B-33.0155, Florida Admlinistrative Code The following general permit conditions shall apply, unless. waived by the Department or modified by the permit: a) The pennittee shall carry out the construction or activity for which the permit was granted in accordance with ilme plans and specifications that were approved by the Department as part of the permit. Deviations therefrom, without written approval from the Department, shall be grounds for suspension of the work and revocation of the permit pursuant to Section 120.60(7), F.S., and shall result in assessment of civil fines or issuance of an order to alter or remove the unauthorized work, or both. No other construction or activities shall be conducted. No modifications to project size, location, or structural design are authorized without prior written approval from the Department. A copy of the notice to proceed shall be conspicuously displayed at the project site. Approved plans shall be made available for inspection,by a Department representative. b) The permi(tee shall conduct time construction or activity authorized under the permit using extreme care to prevent any adverse impacts to the beach and, dune system, marine turtles,: their nests and habitat, or adjacent property and structures. c) The pennnittee shall allow any dtily•identified and authorized member of the Department to enter upon the premises associated with the project authorized by the permit for the purpose of ascertaining compliance with the terms of the,permit and with the rules of the Department until all construction or aofivities authorized or required in the permit have been completed and all project performance reports, certifications, or other documents are received by the Department and determined to be consistent with the permit and approved plans. d) The permittee shall hold and save the State of Florida, the Department, and .its officers and employees harmless from any damage, no matter how occasioned and no matter what the amount, to persons or property that might result from the construction or activity authorized under the permit and from any and all claims and judgments resulting from such damage. e) The pennittee shall allow the Department to use all records, notes, monitoring data, and other information relating to construction or any activity under the permit, which are submitted, for any purpose necessary except where such use is otherwise specifically, forbidden by law. f) Construction traffic shall not occur and building materials shall not be stored on vegetated areas seaward of the control line unless specifically authorized by the permit. If the Department determines that this requirement is not being met, positive control measures, such as temporary fencing, designated access roads, _adjustment of construction sequence, or other requirements, .shall be provided by the penmittee at the direction of the Department. Temporary construction fencing shall not be sited within marine turtle nesting habitats. g) The penmittee shall not disturb existing beach and dune topography and vegetation except as expressly authorized in the permit. Before the project is considered complete, any disturbed topography or vegetation shall be restored as prescribed in the permit with suitable fill material or revegetated with appropriate beach and dune vegetation. h) All fill material placed seaward of'the control line shall be sand which is similar -to that already existing on the site in both coloration and grain size. All such fill material shall be free of construction debris, rocks, clay, or other foreign -matter, shall be obtained from a source landward of the coastal construction control line; and shall be free of coarse gravel or cobbles. i) If surplus sand fill result's from any approved excavation seaward of the control line, such material shall be distributed seaward of the control line on the site, as directed by the Department, unless othenvise specifically authorized by the permit. j) Any native salt -tolerant vegetation destroyed during construction shall be replaced with plants of the same species or, by authorization of the Department, with other nafive salt -tolerant vegetation suitable for beach and dune stabilization. Unless otherwise specifically authorized by the Department, all plants installed in beach and coastal areas — whether to replace vegetation displaced, damaged, or destroyed during construction or otherwise — shall be of species indigenous to Florida beaches and dunes, such as sea oats, sea grape, saw palmetto, panic grass, saltmeadow hay cordgrass, seashore saltgrass, and railroad vine, and grown from stock indigenous to the region in which the project is located. k) All topographic restoration and revegetation work is subject to approval by time Department, and the status' of restoration shall be reported -as part of the final certification of the actual work performed. 1) If not specifically authorized elsewhere in the permit, no operation, transportation, or storage of equipment or materials is authorized seaward of the dune crest or rigid coastal structure during tine marine turtle nesting season. The marine turtle nesting season is May 1 through October 31 in all counties except Brevard, Indian River, St. Lucie, Martin, Palm Beach, and Broward counties where leatherback turtle nesting occurs during the period of March .1 through October 31. in) If not specifically authorized elsewhere in the permit, no temporary lighting of the construction area is authorized at any time during the marine turtle nesting season -and no additional permanent exterior lighting is authorized. General Permit Conditions (June 13, 2004) Page I PERIODIC PROGRESS REPORT ytan'!a:r , a Bureau of Beaches and coastal systems �a Division of Water Resource Management FLORfOA Mail to: Florida Department of Environmental Protection PERMIT NUMBER: SL-283 3900 Commonwealth Boulevard Mail Station 300 Tallahassee, Florida 323993000 PERMITTEE NAME: IDLEWILD HUTCHINSON ISLAND, LLC If construction has occurred, please describe its maximum extent in the space provided below (If no work at all has been performed, please report "Not. Started." If construction or other authorized activity has begun but no progress has been made since the last report, please report "No Progress"): CONSTRUCTION TO DATE INCLUDES: 2. All work performed as of this date is described above and is hereby certified. to be in compliance with the project description and plans approved by the Department. of Environmental Protection as part of the permit and with all conditions of the permit. Locations and elevations of all construction as of this date have been specifically verified as applicable and have been found to comply with the project description, approved plans, and conditions of the permit. No unpermitted construction or activity has occurred (Any exceptions to the statement above are to be described and explained under Item Number 1 above, as part of this report. The explanation should state why the construction or activities not in accordance with the permit has occurred.) 3. The property owner or authorized agent may sign these progress reports. However for new armoring or major reconstructed armoring, the reports must be signed by an engineer licensed in the state of Florida following each period in which construction has occurred. Signature of Engineer (if applicable) Date (Seaq Typed or Printed Name of Engineer (if applicable) Florida Registration Number of applicable) Signature of Property Owner or Authorized Agent Of applicable) Dale Typed or Printed Name of Property Owner or Authorized Agent DEP Fonn 73-111 (Revised 6/04) FOUNDATION LOCATION CERTIFICATION FLORf6A Bureau of Beaches and Coastal Systems. Division ;of Water Resource Management Florida Department of Environmental Protection Mail to: 3900 Commonwealth Boulevard Mail Station 300 Tallahassee, Florida 32399.3000 Permit Number: SL-283 Idlewild Hutchinson Permittee Name: Island, LLC This is to certify that all aspects of the foundation location, as constructed, are in accordance with both the plans and the project description approved by the Department of Environmental Protection as part of the permit. The foundation location certification is based upon such surveys as are necessary to determine the actual location specified below: Distance the seawardmost piling has been placed as measured perpendicular to the coastal construction control line: feet Note: Any deviations from the approved plans and specifications shall be stated.as an exception to this certification. No further vertical construction on the permitted structure is authorized until the Bureau of Beaches and Coastal Systems has notified the permittee, in writing, that this foundation location certification has been approved. Signature of Applicant Typed or Printed Name of Applicant Signature of Surveyor Typed or Printed Name of Surveyor (Seal) State of Florida Registration Number DEP Form 73-114D (Updated 9/05) Date Date FINAL CERTIFICATION ��bvQttl:;:ttt/. b Bureau of Beaches'and Coastal Systems Division of W61 r Resource Management FLORA Mail to: Florida Department of Environmental Protection Permit Number: SL-283 3900 Commonwealth Boulevard Mail Station 300 Tallahassee, Florida 32399-3000 Permittee. Name: Idlewild Hutchinson Island, LLC is is to certify that,the work under this permit for construction or other activities seaward of the coastal construction control line pursuant to Section 161.053, Florida Statutes, was inspected by the undersigned and was found to be acceptable and'satisfactoiy in accordance with the approved,plans and prgjectdescription and with all conditions of the permit. All permitted construction or activities have been completed, and no unpermitted construction or activities have occurred. Location and elevations. specified by the'permit and approved plans have been verified and found' to be correct, and topography and vegetation have been either preserved or restored as required by the permit: FOR 'WORK INCLUDING: Construction of a single-family dwell11 ing, swimming pool, other structures/activities, excavation and hlacenient-of fill. NOTE: Any deviations from the permit and any portions of the permitted work not actually performed shall be noted and described in detail as an exception to this certification. Signature of Engineer or Architect Date ji yµuu ur rrimeo Name of tngineer or Architect (Seal) Mate of Florida Registration Number bEP Fonn 73.115B (Updated 9/0S) I BOARD OF ADJUSTMENT 2 RESOLUTION NO. 13-003 3 File No.: BA 320134600 4 5 A RESOLUTION APPROVING A VARIANCE FOR 6 CERTAIN PROPERTY LOCATED IN ST. LUCIE.COUNTY, FLORIDA 7 8 WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony and 9 evidence, including, but not limited to the staff report, has made the following determinations: 10 11 1. Petition of Idlewild Hutchinson Island, LLC for a variance from the provisions of Section 12 4.01.04 of the St. Lucie County Land Development. Code to allow the construction of a 13 single family residence to exceed the maximum 35 foot building height by 6.67 feet, for a 14 total building height of 41.67 feet in the HIRD (Hutchinson Island Residential District) 15 Zoning District. --- 16 , 17 2. On March 27, 2013 this Board held a public hearing on the petition, after publishing a 18 notice of such hearing, installing a sign on property and notifying by mail all owners of 19 property within 500 feet of the subject property. 20 21 3. After consideration of the testimony presented during the public hearing, including staff 22 comments, exhibits, and the standards of review for granting variances set out in Section 23 10.01.02, St. Lucie County Land Development Code, the Board of Adjustment has made 24 the following determinations: 25 26 The requested variance has met the standards of review as set forth in Section 27 10.01.02, St. Lucie County Land Development Code and is not in conflict with the goals, 28 objectives, and policies of the St. Lucie County Comprehensive Plan, because 29 30 a) The requested variance to building height will not impact scenic views. 31 32 b) The requested variance does not impair or otherwise injure other property or 33 improvements in the area in which the subject property is located, and 34 35 c) The requested variance meets the general spirit and intent of the St. Lucie 36 County Land Development Code and the St Lucie County Comprehensive Plan. 37 38 d) The requested variance will not cause traffic impacts in the area. 39 40 NOW, THEREFORE, BE I IT RESOLVED by the Board of Adjustment of St. Lucie County, 41 Florida: 42 43 A. Petition of Idlewild Hutchinson Island, LLC for a variance'from the provisions of Section 44 4.01.04 of the St.. Lucie County Land Development Code to allow the construction of a 45 single,family residence to exceed the maximum 35 foot building height by 6.67 feet, for a 46 total building height of 41.67 feet in the HIRD (Hutchinson Island Residential District) March 27, 2013 File No. BA 320134600 BOA Resolution No. 13-003 Page 1 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 Zoning District, for the property depicted on the attached map as Exhibit "A" and described as follows: GOVERNMENT LOT 2, LESS THE NORTH 1,199.16 FEET AND GOVERNMENT LOT 3, LESS THE SOUTH 1300 FEET. LYING EAST OF STATE ROAD.A1A AND LYING AND BEING IN SECTION 14, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FL. B. Based on the evidence presented, this variance request is approved. An appeal from the Board of Adjustment's action may be processed in accordance with Section 10.01.07, of the St. Lucie County Land Development Code. C. This variance shall expire twelve months from the date of adoption unless a building permit is approved or an extension is granted in accordance with Section 10.01.06, of the St. Lucie County Land Development Code. After motion and second, the vote on this resolution was as follows: Chairman Ron Harris NAY Vice -Chairman, Bob Bangert AYE Commissioner Buddy Emerson ABSENT Commissioner Ron Knaggs AYE Commissioner Richard Pancoast ' AYE PASSED AND DULY ADOPTED This 27th day of March, 2013. ATTEST: BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA Secretary Chairman March 27, 2013 File No. BA 320134600 APPROVED AS TO FORM AND CORRECTNESS: Asst. County Attorney BOA Resolution No. 13-003 Page 2 Exhibit A N \ 1 \ \ Atlantic Ocean \\\ Subject property \ Ocean CROWN CT View Estates\\ Subdivision ' 2 \ CASTLE CT \ Queens Z Cove O 2 \ GL \ y \ C) \ Z wParagon \\ Condominium March 27, 2013 File No. BA 320134600 BOA Resolution No. 13-003 Page 3