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BOARD OF ADJUSTMENT
RESOLUTION NO. 12-009
File No.: BA 420124461
A RESOLUTION APPROVING A VARIANCE FOR
CERTAIN PROPERTY LOCATED AT THE NORTHEAST
CORNER OF THE SOUTH 25T" STREET AND EDWARDS ROAD
INTERSECTION 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 Carroll Collins for a Variance from the provisions of Section 7.05.06 (2)(c) of
the St. Lucie County Land Development Code to allow the installation of a driveway
which will encroach 15 feet into the minimum setback distance of 25 feet from the
property line.
2. On September 26, 2012 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, 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 requested variance is located on a vacant parcel that is adjacent to a major
intersection and the surrounding property owners had no objection.
b) 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.
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 Carroll Collins for a variance from the provisions of Section 7.05.06 (2)(c) of
the St. Lucie County Land Development Code to allow the installation of a driveway that
will encroach 15 feet into the minimum side setback of 25 feet required for nonresidential
driveways, for the property depicted on the attached map as Exhibit "A" and described
as follows:
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
September 26, 2012 FILE # 3756164 10/10/2012 at 1126 AM BOA Resolution No. 12-009
File No. BA 720124461 OR BOOK 3440 PAGE 2993 - 2996 Doc Type: RESO Page 1
RECORDING: $35.50
1 The South 395.97 feet of the West 219.98 feet of the West 1 /2 of the West 1 /2 of the
2 Southwest 1/4 of the Southwest 1/4 LESS the South 40 feet for road right-of-way and
3 LESS the West 40 feet, lying and being in Section 21, Township 35 South, Range 40
4 East, St. Lucie County, Florida.
5
6 LESS AND EXCEPT
7
8 The West 10 feet of the following described parcel: The South 395.97 feet of the West
9 219.98 feet of the West 1 /2 of the West 1 /2 of the Southwest 1 /4 of the Southwest 1 /4
10 LESS the South 40 feet for road right-of-way and LESS the West 40 feet, lying and
11 being in Section 21, Township 35 South, Range 40 East, St. Lucie County, Florida.
12
13 AND LESS
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15 A parcel of land situated in Section 21, Township 35 South, Range 40 East, St. Lucie
16 County, Florida. Being more particularly described as follows:
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18 Commencing at the Southwest corner of said Section 21; thence North 89°57'23" East,
19 along the South line of said Section 21, a distance of 50.03 feet; thence North 02°10'51"
20 West, departing said South line, a distance of 40.03 feet to a point of the intersection of
21 the Easterly right of way line of South 25th Street and the Northerly right of way line of
22 Edwards Road, being the Point of Beginning.
23
24 Thence North 02°10'51" West, along said Easterly right of way line, a distance of 20.00
25 feet; thence South 46°06'44" East, departing said Easterly line, a distance of 28.81 feet
26 to the said Northerly right of way line of Edwards Road; thence South 89°57'23" West,
27 along said Northerly line, a distance of 20.00 feet to the Point of Beginning.
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29 Location: Northeast corner of the South 25th Street and Edwards Road
30 intersection
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32 Property Tax I D#: 2421-333-0001-0009
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34 B. Based on the evidence presented, this variance request is approved, with the following
35 condition:
36
37 The driveway onto South 25th Street adjacent to the north property line shall be
38 constructed in a location and manner that avoids impacts to the 53-inch oak within the
39 first ten feet of the property line, and also maintains the 41-inch and 24-inch oak trees
40 along South 25th Street.
41
42 An appeal from the Board of Adjustment's action may be processed in accordance with
43 Section 10.01.07, of the St. Lucie County Land Development Code.
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47 C. This variance shall expire twelve months from the date of adoption unless a building
48 permit is approved or an extension is granted in accordance with Section 10.01.06, of
49 the St. Lucie County Land Development Code.
September 26, 2012 BOA Resolution No. 12-009
File No. BA 720124461 Page 2
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C. This variance shall expire twelve months from the date of adoption unless a buildi
permit is approved or an extension is granted in accordance with Section 10.01.06,
the St. Lucie County Land Development Code.
~ After motion and second, the vote on this resolution was as follows:
Chairman Ron Harris AYE
Commissioner Ron Knaggs AYE
Commissioner Buddy Emerson AYE
Commissioner Bob Bangert AYE
Commissioner Richard Pancoast AYE
PASSED AND DULY ADOPTED This 26th day of September, 2012.
September 26, 2012
File No. BA 720124461
BOARD OF ADJUSTMENT
ST. LUCIE COUNTY, FLORIDA
c~
hairman
APPROVED AS TO FORM
AND CORRECTNESS:
1~~
Asst. County Attorney
BOA Resolution No. 12-0(
Page
ATTEST:
Exhibit A
BA-720124461 zoning
Collins SR 615
September 26, 2012 BOA Resolution No. 12-009
File No. BA 720124461 Page 4
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