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BOARD OF ADJUSTMENT
RESOLUTION NO. 13-012
File No.: BA 920134675
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 Ciferri Properties, LLC for a variance from the provisions of Section 7.04.04
(Base Building Line Setback Requirements) of the St. Lucie County Land Development
Code to construct a new handicap accessible ramp to encroach 18.7 feet into the base
building line setback established along US Highway No. 1.
2. On December 18, 2013 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 meets 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) There were no written or oral objections made from the public in regards to the
variance;
b) The variance is the minimum variance that will make possible the reasonable use
of land and is necessary to meet Americans With Disabilites Act regulations;
c) The variance does not impair or otherwise injure other property or improvements
in the area in which the subject property is located; and
d) The 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 Ciferri Properties, LLC for a variance from the provisions of Section 7.04.04
(Base Building Line Setback Requirements) of the St. Lucie County Land Development
Code to construct a new handicap accessible ramp to encroach 18.7 feet into the base
December 18, 2013 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
File No. BA 920134675 SAINT LUCIE COUNTY
FILE # 3911034 12/30/2013 at 03:44 PM
OR BOOK 3591 PAGE 1917 - 1920 Doc Type: RESO
RECORDING: $35.50
BOA Resolution No. 13-012
Page 1
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building line setback established along US Highway No. 1, for the property depicted on
the attached map as Exhibit "A" and described as follows:
PARCELA
FROM THE SOUTHEAST CORNER OF THE NORTHEAST'/4 OF THE NORTHEAST %4
OF THE SOUTHWEST %4 OF SECTION 34, TOWNSHIP 35 SOUTH, RANGE 40 EAST,
RUN WEST ALONG THE SOUTH LINE OF SAID NORTHEAST '/4 OF THE
NORTHEAST'/4 OF THE SOUTHWEST 1/4 , 48 FEET TO THE WEST RIGHT OF WAY
LINE OF U.S. HIGHWAY N0.1 AND THE POINT OF BEGINNING; THENCE RUN
NORTH ALONG SAID RIGHT OF WAY LINE, 138.77 FEET; THENCE ON AN ANGLE
OF 96 DEGREES 55'15" AS MEASURED FROM THE SOUTH TO WEST RUN
NORTHWESTERLY 261.89 FEET; THENCE RUN SOUTH PARALLEL WITH THE
WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1, 173.24 FEET TO THE SOUTH
LINE OF AFORESAID NORTHEAST %4 FO THE NORTHEAST '/4 OF THE
SOUTHWEST 1/4 ;THENCE RUN EAST 260 FEET TO THE POINT OF BEGINNING.
PARCEL B
FROM THE SOUTHEAST CORNER OF THE NORTHEAST'/4 OF THE NORTHEAST %4
OF THE SOUTHWEST %4 OF SECTION 34, TOWNSHIP 35 SOUTH, RANGE 40 EAST,
RUN WEST ALONG THE SOUTH LINE OF SAID NORTHEAST '/4 OF THE
NORTHEAST'/4 OF THE SOUTHWEST 1/4 , 48 FEET TO THE WEST RIGHT OF WAY
LINE OF U.S. HIGHWAY NO. 1; THENCE FRUN NORTH ALONG SAID RIGHT OF
WAY LINE, 138.77 FEET TO THE POINT OF BEGINNING; THENCE ON AN ANGLE
OF 96 DEGREES 55'15" AS MEASURED FROM SOUTH TO WEST RUN
NORTHWESTERLY 261.89 FEET; THENCE RUN NORTH PARALLEL WITH U.S.
HIGHWAY NO. 1, 25.18 FEET; THENCE RUN SOUTHEASTERLY PARALLEL WITH
THE SOUTHERLY LINE OF THE PARCEL HEREIN DESCRIBED, 261.89 FEET TO
THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY N0.1; THENCE RUN SOUTH
25.18 FEET TO THE POINT OF BEGINNING.
PARCEL C
THAT PART OF THE NORTHEAST'/4 OF THE NORTHEAST'/4 OF THE SOUTHWEST
%4 OF SECTION 34. TOWNSHIP 35 SOUTH, RANGE 40 EAST, SOUTH OF PLATYS
CREEK; LESS THE FOLLOWING:
BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL RUN WEST TO THE
WEST RIGHT OF WAY OF U.S. HIGHWAY N0.1; THENCE CONTINUE WEST 260
FEET; THENCE NORTH 198.42 FEET THEN SOUTHEASTERLY 261.89 FEET TO
THE WEST RIGHT OF WAY OF U.S. HIGHWAY N0.1, THENCE SOUTH 163.95 FEET
TO THE POINT OF BEGINNING.
PARCEL IDENTIFICATION NUMBER(S):
2434-311-0010-000-7 AND 2434-311-0005-000-9
December 18, 2013
File No. BA 920134675
BOA Resolution No. 13-012
Page 2
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B. Based on the evidence presented, this variance is approved.
C. 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. The 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.
After motion and second, the vote on this resolution was as follows:
Chairman Ron Harris AYE
Commissioner Robert Lowe AYE
Commissioner Buddy Emerson ABSENT
Commissioner Ron Knaggs ABSENT
Commissioner Richard Pancoast AYE
PASSED AND DULY ADOPTED This 18th day of December, 2013.
ATTEST:
I ~
tary
December 18, 2013
File No. BA 920134675
BOARD OF ADJUSTMENT
ST. LUCIE COUNTY, FLORIDA
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Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
Asst. County Attorney
BOA Resolution No. 13-012
Page 3
Exhibit A
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December 18, 2013 BOA Resolution No. 13-012
File No. BA 920134675 Page 4