HomeMy WebLinkAbout14-010 BOA2
BOARD OF ADJUSTMENT
RESOLUTION NO. 14-010
File No.: BA 320144748
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4004008 10/14/2014 at 12:19 PM
OR BOOK 3680 PAGE 2679 - 2682 Doc Type: RESO
RECORDING: $35.50
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 FDOT District Four, represented by Land Design South, through the Eminent
Domain Waiver process, for a variance from the provisions of Section 7.04.01.A.1
(Roadway Landscape Buffer Requirements) of the St. Lucie County Land Development
Code to allow fora 9.8' wide landscape buffer within the affected area fronting Midway
Road.
2. On September 24, 2014 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
10.03.00, St. Lucie County Land Development Code, Standards for Granting Eminent
Domain Waivers, the Board of Adjustment has made the following determinations:
The requested variance has met the standards of review as set forth in Section
10.03.00, 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 necessary fo mitigate the effects of the Midway Road
widening project, by avoiding an existing drive isle while accommodating a new
6' wide sidewalk and bike lane improvements.
b) The requested variance does not impair or otherwise injure other property or
improvements in the area in which the subject property is located. Instead, the
variance will enhance the subject property by beautifying the site with additional
trees and shrubs and provide for much needed pedestrian safety. These benefits
improvements are expected to benefit not only the subject property but the
community as whole, for this is a prominent roadway intersection.
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 FDOT District Four, represented by Land Design South, through the Eminent
Domain Waiver process, for a variance from the provisions of Section 7.04.01.A.1
(Roadway Landscape Buffer Requirements) of the St. Lucie County Land Development
September 24, 2014 BOA Resolution No. 14-010
File No. BA 320144748 Page 1
J,.
1 Cbde to allow fora 9.8' wide landscape buffer within the affected area fronting Midway
2 Road, for the property depicted on the attached map as Exhibit "A" and described as
3 follows:
4
5 109 3404-602-0001-0004
6 LEGAL DESCRIPTION OF UNIT #1 OF RENAISSANCE COMMONS AS RECORDED IN
7 O.R. BOOK 2899 PAGE 2495 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY,
8 FLORIDA.
9
10 A PARCEL OF LAND BEING A PORTION OF LOT 61, WHITE CITY SUBDIVISION, AS
11 RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE
12 COUNTY, FLORIDA; SAID PARCEL BEING SPECIFICALLY DESCRIBED AS
13 FOLLOWS:
14
15 COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF
16 SECTION 4, TOWNSHIP 36 SOUTH, RANGE 40 EAST, BEAR NORTH 89 DEGREES 46
17 MINUTES 07 SECONDS EAST, ALONG THE SOUTH LINE OF SAID NORTHWEST
18 QUARTER OF SECTION 4, A DISTANCE OF 87.09 FEET; THENCE, NORTH 00 DEGREES
19 13 MINUTES 53 SECONDS WEST, A DISTANCE OF 40 FEET TO A POINT ON THE
20 EXISTING NORTH RIGHT OF WAY LINE OF MIDWAY ROAD (COUNTY ROAD NO.
21 712); SAID POINT ALSO BEING ON THE NORTHEASTERLY RIGHT OF WAY LINE OF
22 SAID MIDWAY ROAD AS RECORDED IN OFFICIAL RECORD BOOK 1904, PAGE 2832
23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND THE POINT OF
24 BEGINNING OF THE HEREIN DESCRIBED PARCEL:
25
26 THENCE, NORTH 43 DEGREES 41 MINUTES 56 SECONDS WEST, ALONG SAID
27 NORTHEASTERLY RIGHT OF WAY LINE, A DISTANCE OF 68.57 FEET TO A POINT
28 ON A LINE 40 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID
29 NORTHWEST QUARTER OF SAID SECTION 4 AND THE EAST RIGHT OF WAY LINE
30 OF HAWLEYROAD; THENCE, NORTH 00 DEGREES 16 MINUTES 50 SECONDS WEST,
31 ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 91.15 FEET; THENCE,
32 NORTH 07 DEGREES 17 MINUTES 26 SECONDS EAST, ALONG THE EAST RIGHT OF
33 WAY LINE OF THE ADDITIONAL RIGHT OF WAY FOR HAWLEY ROAD, AS
34 RECORDED IN OFFICIAL RECORDS BOOK 1904, PAGE 2820 OF THE PUBLIC
35 RECORDS OF ST. LUCIE COUNTY, FLORIDA, A DISTANCE OF 77.95; THENCE,
36 NORTH O1 DEGREES 14 MINUTES 21 SECONDS WEST, ALONG SAID RIGHT OF WAY
37 LINE, A DISTANCE OF 23.32 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH
38 281.5 FEET OF SAID LOT 61; THENCE NORTH 89 DEGREES 46 MINUTES 07 SECONDS
39 EAST, ALONG SAID NORTH LINE OF THE SOUTH 281.5 FEET OF LOT 61, A
40 DISTANCE OF 185.55 FEET TO A POINT ON THE EAST LINE OF THE WEST 235.43
41 FEET OF SAID LOT 61; THENCE, SOUTH 00 DEGREES 16 MINUTES 50 SECONDS
42 EAST, ALONG SAID EAST LINE OF THE WEST 235.43 FEET OF LOT 61, A DISTANCE
43 OF 241.50 FEET TO A POINT ON A LINE 40 FEET NORTH OF AND PARALLEL WITH
44 THE SOUTH LINE OF SAID NORTHWEST QUARTER OF SECTION 4 AND THE NORTH
45 RIGHT OF WAY LINE OF MIDWAY ROAD (COUNTY ROAD NO. 712); THENCE,
September 24, 2014 BOA Resolution No. 14-010
File No. BA 320144748 Page 2
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BOARD OF ADJUSTMENT
ST. LUCIE COUNTY, FLORIDA
Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
1'~'
SOUTH 39 DEGREES 46 MINUTES 07 SECONDS WEST, ALONG SAID PARALLEL LINE
A1~dD SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 148.30 FEET TO THE POINT
OF BEGINNING, CONTAINING: 45,392 SQUARE FEET MORE OR LESS (1.042 ACRES
MORE OR LESS).
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.
After motion and second, the vote on this resolution was as follows:
Chairman Ron Harris AYE
Commissioner Ron Knaggs AYE
Commissioner Buddy Emerson ABSENT
Commissioner Bob Lowe AYE
Commissioner Richard Pancoast AYE
PASSED AND DULY ADOPTED This 24th day of September 24, 2014.
September 24, 2014
File No. BA 320144748
Asst. County Attorney
BOA Resolution No. 14-010
Page 3
ATTEST:
Exhibit A
ti
5u bject
GRAY TWIG LN
HAMMOCKLN
September 24, 2014 BOA Resolution No. 14-010
File No. BA 320144748 Page 4