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HomeMy WebLinkAbout12-008 BOA1 BOARD OF ADJUSTMENT 2 RESOLUTION NO. 12-008 3 File No.: BA 620124453 4 5 A RESOLUTION GRANTING A VARIANCE FOR 6 CERTAIN PROPERTY LOCATED AT 6251 N. US Hwy #1 7 SITUATE IN ST. LUCIE COUNTY, FLORIDA 8 9 WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony and 10 evidence, including, but not limited to the staff report, has made the following determinations: 11 12 1. Wallace Tavlor, III petitioned for a variance from the provisions of Section 7.04.01 (B) of 13 the St. Lucie County Land Development Code to allow for the construction of a handicap 14 accessible ramp that will encroach into the front yard. 15 16 2. On July 25, 2012, this Board held a public hearing on the petition, after publishing a 17 notice of such hearing in the newspaper, installing a sign on the property and notifying 18 by mail all owners of property within 500 feet of the subject property. 19 20 3. After consideration of the testimony presented during the public hearing, including staff 21 comments, exhibits, and the standards of review for granting variances set out in Section 22 10.01.02, St. Lucie County Land Development Code, the Board of Adjustment has made 23 the following determinations: 24 25 The requested variance has met the standards of review as set forth in Section 26 10.01.02, St. Lucie County Land Development Code, and is not in conflict with the goals, 27 objectives, and policies of the St. Lucie County Comprehensive Plan, because: 28 29 A. The granting of the requested variance would not impair or otherwise injure adjacent 30 property owners or improvements in the area in which the subject property is located; 31 32 B. The granting of the requested variance allows for the construction of a handicap 33 accessible ramp that will encroach into the front yard to satisfy Building Code 34 requirements, the proposed variance is needed to make possible the reasonable use 35 of the land and existing building. 36 37 C. The requested variance meets the general spirit and intent of the St. Lucie County 38 Land Development Code and the St. Lucie County Comprehensive Plan. 39 40 NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, 41 Florida: 42 43 A. The petition of Wallace Taylor, III for a variance from the provisions of Section 44 7.04.01 (B), of the St. Lucie County Land Development Code at 6251 N. US Hwy 45 # 1 to allow for the construction of a handicap accessible ramp that will encroach 46 into the front yard of 25 feet from the property line in the CG (Commercial, 47 General) Zoning District is hereby granted based on the evidence, for the 48 property depicted on the attached map as Exhibit "A" and described as follows: 49 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3730348 07/31/2012 at 08:44 AM OR BOOK 3415 PAGE 2587 - 2589 Doc Type: RESO Page 1 of 3 RECORDING: $27.00 1 LEGAL DESCRIPTION: 6 34 40 S 150 ft of N '/~ of S % of NE '/4 of SE '/4 LYG W 2 of US 1 (1.19 AC) (Official record book 3337 page 1052) public records of St. 3 Lucie County, Florida 4 5 LOCATION: 6251 N. US Hwy # 1, Fort Pierce, Florida 6 7 PARCEL ID: 1406-413-0005-000-2 8 9 B. An appeal of the Board of Adjustment's action may be processed in accordance with 10 Section 10.01.07 of the St. Lucie County Land Development Code. 11 12 C. This variance shall expire twelve months from the date of adoption unless a building 13 permit is issued or an extension is granted in accordance with Section 10.01.06 of the 14 St. Lucie County Land Development Code. 15 16 After motion and second, the vote on this resolution was as follows: 17 18 Chairman, Ron Harris Aye 19 20 Vice-Chairman, Diane Andrews Aye 21 22 Commissioner, Buddy Emerson Aye 23 24 Commissioner, Bob Bangert Aye 25 26 Commissioner, Richard Pancoast Aye 27 28 PASSED AND DULY ADOPTED This 25th day of July, 2012. 29 30 BOARD OF ADJUSTMENT ATTEST: ST. LUCIE COUNTY, FLORIDA / ~` ./ to Chairman APPROVED AS TO FORM AND CORRECTNESS: Asst. County Attorney Page 2 of 3 a Exhibit A CG R/C `. I 0 tKE~F~~~~RR CG ~ ~ ~ ~ I ~ 1 500 ft. 2 ~ N ~ ~ S 1 'L 1 ~ Y~ ~ ~ f ,~ CG ~ R/C ~ ~~ PUDI T to Zoning N ® Sub'ect f0 ett AR-1 -Agricultural Residential (1 du/ac) 1 p P Y CG -Commercial General 1 -Institutional ~ 1 500 ft. notification area PUD -Planned Unit Development 1 ~ ~ . ~ RIC - ResidentiallCOnservation (1 duly ac) RS-2 -Residential Single Family (2 du/ac) Page 3 of 3