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BOARD OF ADJUSTMENT
RESOLUTION NO. 13-007
File No.: BA 220134593
A RESOLUTION APPROVING A VARIANCE FOR
CERTAIN PROPERTY LOCATED 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 Gary Sofen for a Variance from the provisions of Sections 7.04.01 and
7.10.02 of the St. Lucie County Land Development Code to allow an outdoor display
area for commercial merchandise with an awning to remain in the side yard and
encroach 10 feet into the minimum side yard setback of 10 feet for the project known as
the Unique Antique Shop in the CG Zoning District.
2. On May 22, 2013 this Board held a public hearing on the petition, after publishing a
notice of such hearing in the newspaper, 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 variances have met the standards of review as set forth in Section
10.01.02, St. Lucie County Land Development Code and are not in conflict with the
goals, objectives, and policies of the St. Lucie County Comprehensive Plan, because
a) The need for the variances arose from conditions that are unique and peculiar to
the land and buildings of the Unique Antique Shop;
b) The requested variances do not impair or otherwise injure other property or
improvements in the area in which the subject property is located; and
c) The requested variances meet 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:
42 A. Petition of Gary Sofen for a Variance from the provisions of Sections 7.04.01 and
43 7.10.02 of the St. Lucie County Land Development Code to allow an outdoor
44 display area for commercial merchandise with an awning to remain in the side
45 yard and encroach 10 feet into the minimum side yard setback of 10 feet for the
46 project known as the Unique Antique Shop in the CG Zoning District for the
47 property depicted on the attached map as Exhibit "A" and described as follows:
May 22, 2013 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT gOA Resolution No. 13-007
File No. BA 22013 4593 SAINT LUCIE COUNTY Page 1
FILE # 3843006 06/08/2013 at 12:00 PM
OR BOOK 3526 PAGE 2193 - 2195 Doc Type: RESO
RECORDING: $27.00
B. LOCATION: 4559 N US Hwy 1
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PARCEL ID: 1416-601-0025-000-6
FILE NUMBER: BA 220134593
C. 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.
D. These variances 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.
After motion and second, the vote on this resolution was as follows:
Chairman, Ron Harris AYE
Vice-Chairman, Bob Bangert AYE
Commissioner, Buddy Emerson ABSENT
Commissioner, Ron Knaggs AYE
Commissioner, Richard Pancoast AYE
PASSED AND DULY ADOPTED This 22"d day of May, 2013.
ATTEST: n
tary
May 22, 2013
File No. BA 22013 4593
BOARD OF ADJUSTMENT
ST. LU COUNTY, FLORIDA
Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
/ ~~~
Asst. County Attorney
BOA Resolution No. 13-007
Page 2
Exhibit A
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CG -Commercial General
® Subject property CPUB -Conservation Public
_ - - IH -Industrial Heavy
~ ~ 500 ft. notification area R/C -Residential/Conservation (1 duly ac)
t - - - RF -Religious Facilities
RS-3 -Residential Single Family (3 du/ac)
May 22, 2013 BOA Resolution No. 13-007
File No. BA 22013 4593 Page 3