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HomeMy WebLinkAbout15-010 - BOA2 3 4 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4116694 09/30/2015 at 03:19 PM OR BOOK 3793 PAGE 597 - 600 Doc Type: RESO RECORDING: $35.50 BOARD OF ADJUSTMENT RESOLUTION NO. 15-010 File No.: BA 620154875 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 Carter -St. Lucie Indrio Road Land Trust for a variance from Land Development Code (LDC), Section 3.01.03(EE)(2)(1)(6) — Edge Drive Street Cross Section to reduce the required fringe (buffer) from 30 feet in width to 0 feet in width, and reduce the required trail/bike lane from 4 feet in width to 0 feet in width along the western portion of a proposed north -south driveway, to be located south of Indrio Road adjacent to the west property line on approximately 56 acres. 2. On September 23, 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 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 oral objections made from the public at the meeting in regards to the variance; b) The variance arises form conditions that are unique and peculiar to the lands and surrounding that result in an unnecessary hardship; c) The variance is the minimum variance that will make possible to provide sufficient ingress and egress for the subject property; and d) The variance does not impair or otherwise injure other property or improvements in the area in which the subject property is located. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: Petition of Carter -St. Lucie Indrio Road Land Trust for a variance from Land Development Code (LDC), Section 3.01.03(EE)(2)(1)(6) — Edge Drive Street Cross September 23, 2015 File No. BA 620154875 BOA Resolution No. 15-010 Page 1 Section to reduce the required fringe (buffer) from 30 feet in width to 0 feet in width, and reduce the required trail/bike lane from 4 feet in width to 0 feet in width along the western portion of a proposed north -south driveway, to be located south of Indrio Road adjacent to the west property line, for the subject property depicted on the attached map as Exhibit "A" and described as follows: LEGAL DESCRIPTION: LEGAL DESCRIPTION (53.98 AC. PARCEL): PARCEL 1: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, LESS AND EXCEPTING THEREFROM THE NORTH 220 FEET AND THE WEST 330 FEET THEREOF; AND THE NORTH ONE-HALF OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4; ALL BEING AND LYING IN SECTION 14, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. THE NORTH 220 FEET OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LESS AND EXCEPT THEREFROM THE WEST 330 FEET THEREOF AND THE EAST 956.06 FEET THEREOF. SUBJECT, HOWEVER, TO A RIGHT OF WAY FOR INDRIO ROAD OVER AND ACROSS THE NORTH 20 FEET THEREOF. WTAINGIMMA THE WEST 330 FEET OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LESS THE NORTH 20 FEET THEREOF FOR ROAD RIGHT-OF-WAY, ST. LUCIE COUNTY, FLORIDA LEGAL DESCRIPTION (2.18 AC. PARCEL): THE EAST 956.06 FEET OF THE SOUTH 200 FEET OF THE NORTH 220 FEET OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4, LESS THE EAST 480 FEET OF SECTION 14, TOWNSHIP 24 SOUTH, RANGE 39 EAST, LYING IN ST. LUCIE COUNTY, FLORIDA PARCEL IDENTIFICATION NUMBERS:: 1314-412-0000-000-2, 1314-411-0005-000-4 and 1314-411-0003-000-0 42 A. Based on the evidence presented, this variance is approved, subject to the following 43 condition(s): 44 45 B. An appeal from the Board of Adjustment's action may be processed in accordance with 46 Section 10.01.07, of the St. Lucie County Land Development Code. 47 September 23, 2015 BOA Resolution No. 15-010 File No. BA 620154875 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 C. The variance shall expire upon the termination of a Final Development Order for a Site Plan. After motion and second, the vote on this resolution was as follows: Chairman Richard Pancoast AYE Commissioner Robert Lowe AYE Commissioner Ron Knaggs AYE Commissioner Derek Foxx ABSENT PASSED AND DULY ADOPTED This 23rd day of September, 2015. ATTEST: September 23, 2015 File No. BA 620154875 BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA hairman APPROVED AS TO FORM AND CORRECTNESS: Asst. County Aftorney BOA Resolution No. 15-010 Page 3 Exhibit A September 23, 2015 BOA Resolution No. 15-010 File No. BA 620154875 Page 4 Cornerstone (a_-, Lakewood R,arc; . Cll aA 62@1,4575 Q OC' � � T c l.0 Ind rid Rd e* jj i . ti St. Lucie Blvd September 23, 2015 BOA Resolution No. 15-010 File No. BA 620154875 Page 4