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Home My WebLink About14-009 BOA 2 BOARD OF ADJUSTMENT RESOLUTION NO. 14-009 File No.: BA 320144743 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 10.4' 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 to 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 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT September 24, 2014 SAINT LUCIE COUNTY BOA Resolution No. 14-009 File No. BA 320144743 FILE # 4005641 10/20/2014 at 09:13 AM Page 1 OR BOOK 3682 PAGE 1145 - 1147 Doc Type: RESO RECORDING: $27.00 .. Code to allow fora 10.4' wide landscape buffer within the affected area fronting Midway Road, for the property depicted on the attached map as Exhibit "A" and described as follows: 1 2 3 4 LOT 110 LEGAL DESCRIPTION FOR RENAISSANCE COMMONS AS RECORDED IN O.R. BOOK 2899 PAGE 2490, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. RENAISSANCE COMMONS AS TO PARCEL 1 THE WEST 387.01 FEET OF LOT 61, WHITE CITY SUBDIVISION, LESS THE SOUTH 40 FEET AND LESS THE WEST 40 FEET FOR ROADS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND LESS A PARCEL CONVEYED BY WARRANTY DEED DATED DECEMBER 11, 1985, RECORDED IN O.R. BOOK 485, PAGE 973, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS THE NORTH 177.5 FEET OF THE SOUTH 281.5 FEET OF THE EAST 169 FEET OF THE WEST 209 FEET OF LOT 61, WHITE CITY SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. AND LESS A PARCEL DESCRIBED IN O.R. BOOK 646, PAGE 2632 AND LESS A PARCEL DESCRIBED IN O.R. BOOK 1904, PAGE 2832. AS TO PARCEL 2 THE NORTH 177.5 FEET OF THE SOUTH 281.5 FEET OF THE EAST 169 FEET OF THE WEST 209 FEET OF LOT 61, WHITE CITY SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. TOGETHER WITH EASEMENTS FOR INGRESS AND EGRESS AS SET FORTH IN THAT CERTAIN AGREEMENT PERTAINING TO CROSS PARKING AND INGRESS AND EGRESS EASEMENTS DATED DECEMBER 11, 1985 AND RECORDED IN O.R. BOOK 485, PAGE 1424, AS AMENDED BY FIRST AMENDMENT THERETO DATED MARCH 25, 1993 AND RECORDED IN O.R. BOOK 853, PAGE 2449, ALL OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT DEED TO ST. LUCIE COUNTY RECORDED IN O.R. BOOK 1904, PAGE 2820, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. CONTAINING: 4.948 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: September 24, 2014 File No. BA 320144743 BOA Resolution No. 14-009 Page 2 1 _ Chairman Ron Harris AYE 2 3 Commissioner Ron Knaggs AYE 4 5 Commissioner Buddy Emerson ABSENT 6 7 Commissioner Bob Lowe AYE 8 9 Commissioner Richard Pancoast AYE 10 11 12 PASSED AND DULY ADOPTED This 24th day of September 24, 2014. 13 14 BOARD OF ADJUSTMENT ATTEST: ST. LUCIE COUNTY, FLORIDA ~J - ar~ c~.~~ cret Chairman APPROVED AS TO FORM AND CORRECTNESS: I ~~ ~~ Asst. County Attorney Exhibit A Ni A Subject NJIG LN September 24, 2014 BOA Resolution No. 14-009 File No. BA 320144743 Page 3