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BOARD OF ADJUSTMENT
RESOLUTION NO. 11-003
File No.: BA 520114274
A RESOLUTION APPROVING A VARIANCE FOR
CERTAIN PROPERTY LOCATED AT 7180 SOUTH US HWY #1
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:
Petition of Joseph Davis for a variance from the provisions of Section 7.04.01(8) and
7.04.04, of the St. Lucie County Land Development Code to allow the reconstruction of a
commercial building which will encroach a maximum of thirty feet into the minimum front
setback of seventy feet located at 7180 S. US Hwy 1 in the CG (Commercial General)
Zoning District.
2. On June 22, 2011, 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.
3. After consideration of the testimony presented during the public hearing, including staff
comments, argument of counsel, exhibits, 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 determinations:
The requested variance has met the standards of review as set forth in Section
10.01.02, 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
A. The granting of the requested variance would not impair or otherwise injure other
property or improvements in the area in which the subject property is located.
B. The granting of the requested variance improves the existing encroachment and the
ingress and egress sight distance for the subject property.
C. The requested variance meets the general spirit and intent of the St. Lucie County
Land Development Code and the St. Lucie County Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. Petition of Joseph Davis for a variance from the provisions of Section 7.04.01(8) and
7.04.04, of the St. Lucie County Land Development Code to allow the reconstruction of a
commercial building which will encroach a maximum of thirty feet into the minimum front
setback of seventy feet located in the CG (Commercial General) Zoning District, for the
property depicted on the attached maps as Exhibit "A" and described as follows:
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 3608120 OT012011 at 1022 AhA
OR BOOK 3305 PAGE 952 - 955 Doc Type: RESO
Page 1 of 4 RECORD~r~o $3ti 50
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A PARCEL OF LAND LYING IN THE NORTHEAST 1/4 OF SECTION 22, TOWNSHIP
36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 22, THENCE
NORTH 89°52'00" WEST, ALONG THE NORTH LINE OF SAID SECTION 22, A
DISTANCE OF 1917.00 FEET TO THE EAST LINE OF THE WEST 1/2 OF THE
NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 22,; THENCE
SOUTH 00°11'42" WEST, ALONG SAID LINE A DISTANCE OF 1094.61 FEET TO A
LINE 230.00 FEET NORTH OF THE SOUTH LINE OF THE WEST 1/2 OF THE
NORTHWEST 1/4 OF THE NORTH EAST 1/4 OF SAID SECTION 22; THENCE
NORTH 89°50'04" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 84.14 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE
CONTINUE NORTH 89°50'04" WEST, ALONG SAID PARALLEL LINE A DISTANCE OF
367.83 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF U.S. HIGHWAY
NO. 1, SAID POINT BEING IN THE ARC OF A CURVE CONCAVE TO THE EAST
HAVING A RADIUS OF 1863.61 FEET AND A CENTRAL ANGEL OF 27°25'05";
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE SUBTENDING AN ANGLE
OF 00°51'21", WHOSE CHORD BEARS NORTH 20°44'07" WEST, A DISTANCE OF
27.84 FEET; THENCE SOUTH 89°50'04" EAST ALONG A LINE PARALLEL WITH AND
256.00 FEET NORTH FROM THE SOUTH LINE OF THE WEST 1/2 OF THE
NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 22, A DISTANCE OF
377.76 FEET; THENCE SOUTH 00°11'42" WEST, A DISTANCE OF 26.00 FEET TO
THE POINT OF BEGINNING.
AND
THAT PART OF THE NORTH 155 FEET OF THE SOUTH 230 FEET OF THE WEST
1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 22,
TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, LYING
EAST OF U.S. HIGHWAY NO. 1 (a/k/a STATE ROAD NO. 5); LESS AND EXCEPTING
THE EAST 84.14 FEET THEREOF.
Property Tax ID#3422-123-0001-000/0
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.
Page 2 of 4
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After motion and second, the vote on this resolution was as follows:
Chairman Ron Harris AYE
Vice-Chairman, Diane Andrews AYE
Commissioner Buddy Emerson EXCUSED
Commissioner Bob Bangert AYE
Commissioner Richard Pancoast AYE
PASSED AND DULY ADOPTED This 22ND day of June, 2011.
ATTEST:
ry
APPROVED AS TO FORM
AND CORRECTNESS:
BOARD OF ADJUSTMENT
ST. LUCIE COUNTY, FLORIDA
=.~-, ~~~~~z,~,r r
Chairman
~~~
Asst. County Attorney
Page 3 of 4
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