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Home My WebLink About09-001 BOA j,./ 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 BOARD OF ADJUSTMENT RESOLUTION NO. 09-001 File No.: BA-1120081534 A RESOLUTION APPROVING A VARIANCE FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: 1. Petition of Sebastiano and Cecilia Gazzara, for a variance from the Provisions of Section 7.04.01 (B) and Section 7.09.04(A), of the St. Lucie County Land Development Code to permit the construction of a 4,200 square foot commercial retail building to encroach ten (10) feet into the required twenty (20) foot (street) side yard building setback and five (5) feet into the required fifteen (15) foot landscape strip abutting the street road right-of-way in the CG, Commercial General zoning district depicted on the attached maps as Exhibit "A" and described below. 2. On January 28, 2009, 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. 3. After consideration of the testimony presented during the public hearing, including staff comments and 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 determination: The requested variance has met the standards of review as set forth in Section 10.01.02, Sf. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan, because: 1. The variance requested arises from a condition that is unique and peculiar to the land; that the particular shape of the property would result in unnecessary hardship for the owner. The condition is created by the regulations of this Code and St. Lucie County's request for an additional 17. 5 feet of road right-of-way for the future expansion of Angle Road. 2. The variance granted is the minimum variance that will make possible the reasonable use of the land, structure, or building. 3. The variance granted is not created by any action of the property owner and was effected by the lengthy permit process. 4. The variance granted will not have adverse impacts to other property or File No.: SA-1120081534 Page 1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 33155120212612009 at 08:58 AM OR BOOK 3064 PAGE 109 - 112 Doc Type: RESO RECORDING: $35.50 SA Resolution No. 09-001 January 28, 2009 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 improvements in the neighborhood. 5. The variance granted meets the general spirit and intent of the Sf. Lucie County Land Development Code and the Sf. Lucie County Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: A. Sebastiano and Cecilia Gazzara presented a petition for a Variance from the Provisions of Section 7.04.01(B) and Section 7.09.04(A), of the St. Lucie County Land Development Code, to permit the construction of a 4,200 square foot commercial retail building to encroach ten (10) feet into the required twenty (20) foot (street) side yard building setback and five (5) feet into the required fifteen (15) foot landscape strip abutting the street road right-of-way in the CG, Commercial General zoning district for the property depicted in the attached map as Exhibit "A" and described as follows: LOT 7, HOME ACRES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 12 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; EXCEPTING THEREFROM THE WEST 62.3 FEET THEREOF; AND ALSO EXCEPTING THAT PART DEEDED TO HENRY J. AL TEMUELLER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 7, HOME ACRES UNIT 1, THENCE RUN NORTH 70.00 FEET; THENCE RUN WEST 52.00 FEET; THENCE SOUTH 70.00 FEET; THENCE EAST 52.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH: A PART OF LOT 6, HOME ACRES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 12 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 6 AS SHOWN ON THE PLAT OF HOME ACRES, RUN SOUTHEASTERLY ALONG THE ORIGINAL EAST LINE OF SAID LOT 6,115.50 FEET TO A POINT; THENCE WEST 155.00 FEET TO A POINT ON THE WEST LINE OF SAID LOT 6, WHICH POINT IS 90.50 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 6; THENCE NORTH 90.50 FEET ALONG THE WEST LINE OF SAID LOT 6 TO THE NORTHWEST CORNER OF SAID LOT 6; THENCE EAST 103.00 FEET TO POINT OF BEGINNING, LESS THEREFROM THE RIGHT OF WAY TO ANGLE ROAD. B. 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. File No.: BA-1120081534 Page 2 BA Resolution No. 09-001 January 28, 2009 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 After motion and second, the vote on this resolution was as follows: Chairman Ron Harris RECUSED Vice-Chairman, Bob Bangert AYE Commissioner Buddy Emerson NAY Commissioner Diane Andrews AYE Commissioner Richard Pancoast AYE PASSED AND DULY ADOPTED This 28th day of January, 2009. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA '" ATTEST: APPROVED AS TO FORM AND CORRECTNESS: /~ Asst. County IS. orney File No.: SA-1120081534 Page 3 SA Resolution No. 09-001 January 28, 2009 RH / - - CCM ATLANTIC AVE COM IND . . . . . . . . . . f:nl\A .~ . I--- . . . , r.. . . . ... . . . . .. . J-.: C/) ~ <0 C') C/) COM ~ Subject property ..... · : 500 ft. notification area ...... W:?)//{j Fort Pierce ~ <?: ~ ~ 500 ft. ORANGE AVE SLC Future Land Use COM - Commercial IND - Industrial RH - Residential High (15 du/ac) T/U - Transportation/Utilities Fort Pierce Future Land Use CG - General Commercial RL - Low Density Residential, <6.5 du/gra RM Medium Density Residential, 6.5-12 du/gra Future Land Use 5?:-..t~ a,~~ {jrtnvr/i .:Manauement 2Jtf,Partment Map prepared December 9, 2008 A N A