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Home My WebLink AboutBOARD ADJUSTMENT RESOLUTIONBOARD OF ADJUSTMENT SCANNED RESOLUTION NO. 19-006 BY File No.: BA 1020185384 St. Lucie COUnty l-=A RESOLUTION APPROVING A VARIANCE FOR CERTAIN PROPERTY LOCATED AT 808 OSPREY COURT, IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony and w evidence, including, but not limited to the staff report, has made the folloing determinations: Petition of Michael Chesanek for a variance from the provisions of Sections 7.10.16 F. 1. Setbacks and 7.10.16 Q.1.a.1. (b) & (d), of the St. Lucie County Land Development Code, which provide minimum building setbacks for all recreational vehicle lots existing on or before August 1, 1990, to allow a raised wood deck, accessory to a mobile home within the required side and rear yard. Said mobile home located within the Ocean Resort Co-op, and the HIRD, Hutchinson Island Residential District Zoning District. 2. On January 23, 2019, this. Board held a public hearing on the petition, after publishing;a notice of such hearing, installing a sign on property and notifying by mail all owners of property within 500 feet of the subject property and continued the item to.the March 27, 2019 Board meeting. 3. On March 27, 2019i this Board continued the public hearing on the petition. 4. After consideration of the staff comments and applicant's exhibits presented during the public hearing, including the standards of review for granting variances set out in Section 10.01.02, St. Lucie County Land Development Code, the Board of Adjustment has made the following determinations: a. The requested variance for a 5ft. encroachment into the required 5ft. L a►�rard1� setback fora 30ft. wide section of deck has met the standards of review as set forth in Section 10.09.02, St. Lucie County Land Development Code and is not in conflict with the goals; objectives; and policies of the St. Lucie County Comprehensive Plan, because the raised deck would not impair' or injure other property or improvements in the neighborhood in which the subject property is located. b. The requested variance for an 8 ft. encroachment into the required 8ft. s e ard� setback for an 11 ft."linear section of deco has met the standards of review as set forth in Section 10.01.02, SU Lucie County -Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan, with the condition that the deck meets the applicable fire separation distances (3ft. from siteAot line for non-combustible materials and 5ft. for combustible materials) because there are unique circumstances and the requested raised deck subject to said conditions would not impair or injure other property or improvements in the neighborhood in which the subject property is located. JOSEF" E. SMITH, CLERK OF THE cIRCUr COURT BOA Resolution No. 19-006 File No. BA 1020185384 SNIMUCIECOUM Page l OR BOOK PAGE 7a11s12:31:34 PM, RECORDING: 535.50 19u C�cTTPe: RESO NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: A. Petition of Michael Chesanek for a variance from the provisions of Sections 7.10.16 F. 1. — Setbacks and 7.16.16 Q.1.a.1. (b) & (d), of the St. Lucie County Land Development Code, which provide minimum building setbacks for all recreational vehicle lots existing on or before August 1, 1990, to allow construction/retention of a raised wood deck, accessory to a mobile home, within the required side and rear yard. Said mobile home is located within the Ocean Resort Co-op, and the HIRD, Hutchinson Island Residential District Zoning District, for property depicted on the attached map as Exhibit "A" and described as follows: Parcel 1 Campsite No. 343 within OCEAN RESORTS COOPERATIVE, a Cooperative Campground, according to Exhibit "F," being the master Owner's Proprietary Lease recorded on March 18, 1992, in O.R.,Book 780, page 2445, public records of St. Lucie County, Florida, and being a portion of the following described property: The South 1000 feet of that part of Government Lot 3, Section 11, Township 34 South, Range 40 East as measured along the East right of way of State Read A-1-A and lying East of said right of way; Together with all that property lying South of a line running from East to West from the Atlantic Ocean to the Indian River 3828.75 feet South of and parallel to the North line of Sections 9, 10 and 11, Township 34 South, Range 40 East, and lying West of the right of way of State Road A-1-A, less the following described parcel: Parcel No. 1: Beginning at a point on the South line of Section 11, Township 34 South, Range 40 East, said point being 262 feet West of the intersection of the West right of way of State Road A-1-A and the South line of said Section 11; thence run North at a right angle to the said South line a distance of 207 feet; thence run West and parallel to the said South line a distance of 432 feet; thence run South to a point on the said South line of Section 11; thence run East along the South line of Section 11 a distance of 432 feet to the point of beginning. SAID SITE CONTAINING 0.05 ACRES, MORE OR LESS. Tax Identification Number. 1410-502-0343-000-9 Location: 808 Osprey Court, Fort Pierce, FL — Site 343 within the Ocean Resorts Co-op n B. Base on the evidence presented, foran BOA Resolution No. 19-006 Fite No. BA 1020185384 Page 2 C. Lo is� (3ft. from site/lot line for non-combustible materials and Sft. for materials). This Order shall become effective upon the date indicated below. An appeal from the Board of Adjustment's action must be processed within thirty (30) days following the rendition of the decision of this order in accordance with Section 10.01.07, of the St. Lucie County Land Development Code. E. This Order shall be recorded in the public records of St. Lucie County. After motion and second, the vote on this resolution was as follows: Chairman Ron Hams AYE Vice Chairman Robert Lowe AYE Commissioner Derek Foxx ABSENT Commissioner Alexander Tommie AYE Commissioner Michael Jacquin AYE PASSED AND DULY ADOPTED This 27th day of March, 2019. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: W Asst. Cou Attorney BOA Resolution No. 19-006 File No. BA 1020185384 Page 3 l Exhibit A Subject Ooean:Estates P a r c e l 0 i� D Avalon Sfate Park Ocea Ha Indian River Atlantic Lagoon � Ocean ram— 'Q O o- O N m ai 2 4 3 u BOA Resolution No. 1"06 File No. BA 1020165364 Page 4 BOARD'OF ADJUSTMENT SCANNED RESOLUTION NO. 10461 S� Lucie Y Couffiy Fite No.: BA 1020185384' A RESOLUTION DENYING A VARIANCE FOR CERTAIN PROPERTY LOCATED AT 808 OSPREY COURT, IN ST. L-UCIE COUNTY, FLORIDA- ' WHEREAS, the Board of Adjustment of St. Lucie County,°Florida, based on the testimony and evidence, including,'bui not limited to the staff report, has made the following determinations: 1. Petition of Michael Chesa6ek for a variance from the provisions of Sections 7.10.16 F. 1. — Setbacks and 7.10.16 QA.a.i. (b) &'(d), of the' St. Lucie County Land'Development Code;;which provide minimum building setbacks forall•recreational vehicle lots existing . on or before August 1, 1990, to allow a raised wood deck, accessory to a mobile home within the required side yard. Said mobile home located within the Ocean Resort Co-op, and the HIRD; Hutchinson Island Residential District Zoning District. 2. On January 23, 2019, this Board held a public hearng.on the petition, after publishing a notice of such hearing, installing a sign on property and notifying by mail ail owners of property within 500 feet of the subje'ct,property'and continued the item to the March 27, 2019 Board,meeting. 3. On March 27, 2019, this Board continued the public hearing on the petition. 4. After consideration of the staff comments and applicant's exhibits presented during the public hearing, including the standards of review for granting variances set out in Section 10.01.02, St. Lucie County Land Development Code, the Hoard of Adjustment has made the following determinations: ' The requested variance fora 4.65 ft. encroachment into the required 8fts side yard setback for a 26.7 f: linear section of deck has not met the standards of review as set forth in Section 10.01.02, St. Lucie"County Land Development Code and is in conflict with the. goals, objectives, ,and policies of the St Lucie County Comprehensive Plan, because the variance would impair or tnjure other property or improvements in the neighborhood in which the subject property is located. (The Board of Adjustment took action to approve other encroachments into the rear (north) setback and side (west) setback, north of the existing mobile home, subject to conditions as contained within Board of Adjustment Resolution No. 19-006, also adopted March 27, 2019) " NOW;:THEREFORE, BE IT RESOLVED by the Board of.Adjustment of St. Lucie County, Florida: A. Petition'of Michael Chesanek-for'a variance from the provisions of Sections 7.10.16 F. 1. —Setbacks and 7.10.16 Q:1.a.1. (b) & (d), of the St. Lucie County' Land Development Code,, which'provide minimum building setbacks for all recreational vehicle lots existing ' JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT BOA Resolution No. 19-007 'File. No. -BA 1020165384 SAINT LUCIE COUNTY Page � 45543670U75/2019123134PM _ ORSOOK4256 PAGE1415-1418 Doc Typo:RESO RECORDING: 33550 on or before August 1, 1990, to allow constniction/retention of • a raised wood- deck, accessory to a mobile home, within the required.sidi yard Said mobile`home.is' located Within the Ocean, Resort Co-op,,and the HIRD,,Hutchinson,Island Residential District Zoning District, for"property depicted oil the attached map as Exhibit "A" and described as follows: Parcel 1 Campsite No. 343 within:,O.CEAN ;;RESORTS, COOPERATIVE,, a Cooperative Campground, according to Exhibit "F," being the master Owner's Proprietary Lease "recorded on March118, 1992,'in O:W Book 780, page 2446, public records of St. Lucie County, Florida, and being a portion of the following described property:' The South'1000 feet of that part of Government Lot 3, Section 11, Township 34, South, Range 40 East as measured along the East right of way of State Read A-1-A and lying East of said ;right of -way; Together with all that property lying South of a line running from East to West from the Atlantic Ocean to the Indian -River 38281.75 feet South of and parallel to the North line of Sections 9, 10 and 11, Township34 South, Range 40 East, and lying West of the right of way of State Road A-1-A, less the following described parcel: Parcel No. I:. Beginning at'a point on the South line of Section 11, Township 34 South, Range 40. East, said point being-262 feet West of the intersection of the West right of way of State Road A-1 A, and the South line of'said Section 11; thence rim North at aright angle,to the said South line a distance of 207 feet; thence run West and parallel to the said South line a distance of 432 feet; thence fun South to a point on the said South line of Section 11; thence run East along the South line of Section 11 a distance of 432 feet to the',point of lieginning. SAID SITE CONTAINING 0.05 ACRES, MORE OR:LESS. Tax Identification Number. 1410-502-0343-000-9 Location: 808 Osprey Court, Fort Pierce, FL — Site 343 within the Ocean Resorts Co-op B. ,Based on the evidence presented, the requested variance for a 4.65 ft. encroachment "into the required, 8ft., side yard setback for a 26.7 ft. linear is denied. C. This Order shall become effective upon the date indicated below. An appeal from the Board of Adjustment's action must be processed within thirty (30) days following the rendition of the decision of this order in accordance with Section 10.01.07, of the St. Lucie County Land Development Code. D: This Order shall be.recorded in the public records of St. Lucie County. After motion and second, the vote on this resolution was as follows: BOA Resolution No. 19-007 Fie No. eA 1020185384 - Page 2 ■ Chairman RonHams,- `Ace Chairman Robertiowe; Commissioner 'Derek Fozz Commissioner Alexander,Tommie Commissioner MichaeL;Jaccjuln PASSED AND.DUL-Y-,ADOPTED This 27" day of March, 2019 AYE AYE ABSENT AYE AYE BOARD OF ADJUSTMENT ST. LU.CIE COUNTY, FLORIDA a aatl -� Chai an APPROVED AS TO FORM AND"CORRECTNESS: D to Asst..County Mofney BOA Resolution No. 19-007 Page 3 Subject S P a r c e l 5 E�ta1�a x x z m 4 W - Avalon State Park a . S 'Irrdr`an River Lagwn ,�� Qtean � ' a , 1 N o •. T. S y t K h r X•},L rn File No. BA 10201 MM BOA Resolution No. 19-007 Page 4