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BOARD OF ADJUSTMENT
RESOLUTION NO. 15-007
File No.: BA 320154849
A RESOLUTION APPROVING A VARIANCE FOR
CERTAIN PROPERTY LOCATED AT THE NORTHEAST
CORNER OF THE SOUTH 25TH 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(C)(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 side setback distance of 25 feet from the
property line.
2. On June 24, 2015 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 adjacent to a major intersection
and no objection was received from adjacent property owners.
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(C)(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
4, 2015 FILE # 4090752 07/13/2015 at 03:04 PM
June . BAA 320154849 OR BOOK 3767 PAGE 597 - 600 Doc Type: RESO BOA Resolution No. 1 3RECORDING: $35.50 Page
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The South 395.97 feet of the West 219.98
Southwest 1/4 of the Southwest 1/4 LESS
LESS the West 40 feet, lying and being in
East, St. Lucie County, Florida.
LESS AND EXCEPT
feet of the West 1/2 of the West 1/2 of the
the South 40 feet for road right-of-way and
Section 21, Township 35 South, Range 40
The West 10 feet of the following described parcel: The South 395.97 feet of the West
219.98 feet of the West 1/2 of the West 1/2 of the Southwest 1/4 of the Southwest 1/4
LESS the South 40 feet for road right-of-way and LESS the West 40 feet, lying and
being in Section 21, Township 35 South, Range 40 East, St. Lucie County, Florida.
AND LESS
A parcel of land situated in Section 21, Township 35 South, Range 40 East, St. Lucie
County, Florida. Being more particularly described as follows:
Commencing at the Southwest corner of said Section 21; thence North 89057'23" East,
along the South line of said Section 21, a distance of 50.03 feet; thence North 02010'51"
West, departing said South line, a distance of 40.03 feet to a point of the intersection of
the Easterly right of way line of South 25th Street and the Northerly right of way line of
Edwards Road, being the Point of Beginning.
Thence North 02010'51" West, along said Easterly right of way line, a distance of 20.00
feet; thence South 46°06'44" East, departing said Easterly line, a distance of 28.81 feet
to the said Northerly right of way line of Edwards Road; thence South 89057'23" West,
along said Northerly line, a distance of 20.00 feet to the Point of Beginning.
Location: Northeast corner of the South 25th Street and Edwards Road
intersection
Property Tax I D#: 2421-333-0001-0009
B. Based on the evidence presented, this variance request is approved, with the following
conditions:
1. Prior to the issuance a Vegetation Removal Permit, a Landscape Plan consistent
with Land Development Code Section 7.09.04 shall be approved by the
Environmental Resources Department.
2. Prior to the issuance of a Vegetation Removal Permit, a site inspection shall be
conducted by the Environmental Resources Department to verify that tree protection
measures, including but not limited to, root pruning, root barricades, and tree
protection barricades have been installed.
3. The driveway shall be constructed in a location and manner that avoids impacts to
the two (2) native live oak trees measuring 53 inches and 40 inches in diameter at
breast height, as shown on the submitted tree survey.
June 24, 2015
File No. BA 320154849
BOA Resolution No. 15-007
Page 2
4. The issuance of County development permit does not in any way create any rights
on the part of the applicant to obtain a permit from a state or federal agency and
does not create any liability on the part of the County if the applicant fails to obtain
requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
5. All other applicable state or federal permits must be obtained before commencement
of the development.
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. 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 Richard Pancoast AYE
Commissioner Ron Knaggs AYE
Commissioner Buddy Emerson ABSENT
Commissioner Bob Lowe AYE
Commissioner Michael Jacquin AYE
PASSED AND DULY ADOPTED This 24th day of June, 2015.
ATTEST:
June 24, 2015
File No. BA 320154849
BOARD OF ADJUSTMENT
ST. LUCIE COUNTY, FLORIDA
Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
V
Asst. County Attor
BOA Resolution No. 15-007
Page 3
Exhibit A
BA -320154849 Zoning
Collins SR 615
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June 24, 2015 BOA Resolution No. 15-007
File No. BA 320154849 Page 4