HomeMy WebLinkAbout19-003 - BOABOARD OF ADJUSTMENT
RESOLUTION NO. 19-003
File No.: BA 1220185425
A RESOLUTION DENYING 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 Dianne Soldevilla for a variance from the provisions of Section 7.04.01 (Table
7-10) Lot Size and Dimensional Requirements of the St. Lucie County Land
Development Code to allow for an existing covered screen porch to encroach into the
required minimum 20-foot side yard setback by no more than 9.12 feet, providing a total
side yard setback of 10.88 feet for this structure, within the AR-1 (Agricultural,
Residential — 1 du/ac) Zoning District.
2. On February 27, 2019, this Board held a public hearing on the petition, after publishing a
notice of such hearing in the St. Lucie News Tribune, installing a sign on property and
notifying by mail all owners of property within 500 feet of the subject property and
continued the item to March 27, 2019 Board meeting.
3. On March 27, 2019, this Board continued the public hearing on the petition.
4. 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 does not meet the standards of review as set forth in
Section 10.01.02, St. Lucie County Land Development Code and is in conflict
with the goals, objectives, and policies of the St. Lucie County Comprehensive
Plan, because the applicant received prior knowledge from the St. Lucie County
Building Department that no structure or roof would be permitted to be
constructed on the rear patio that would encroach into the minimum required side
yard setback.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. The petition of Dianne Soldevilla for a variance to allow for an existing covered screen
porch to encroach into the required minimum 20-foot side yard setback by no more than
9.12 feet, providing a total side yard setback of 10.88 feet for this structure as depicted
on the attached boundary survey as Exhibit "A" and described as follows:
File No. BA 1220185425 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT BOA Resolution No. 19-003
SAINT LUCIE COUNTY Page 1
FILE # 4554369 04/15/2019 12:31:34 PM
OR BOOK 4256 PAGE 1423 - 1425 Doc Type: RESO
RECORDING: $27.00
Legal: The North 165 feet of the South 1155 feet of Lot 6, Block 2, Section 24 South,
Range 40 East, Plat No. 1 of St. Lucie Gardens, according to the Plat thereof,
recorded in Plat Book 1, Page 35, Public Records of St. Lucie County, Florida.
Address: 7017 Gullotti Place, Port St. Lucie, FL 34952
Parcel Identification Number: 3414-501-1006-100/8
B. Based on the evidence presented, the requested variance for a 9.12-foot encroachment
into the side yard setback is denied.
C. This Order shall become effective upon the date indicated below. An appeal from the
Board of Adjustment's action must be processed within thirty (30) days following the
rendition of the decision of this order in accordance with Section 10.01.07, of the St.
Lucie County Land Development Code.
D. This Order shall be recorded in the public records of St. Lucie County.
After motion and second, the vote on this resolution was as follows:
Chairman
Ron Harris
AYE
Vice Chairman
Robert Lowe
AYE
Commissioner
Derek Foxx
ABSENT
Commissioner
Alexander Tommie
AYE
Commissioner
Michael Jacquin
AYE
PASSED AND DULY ADOPTED this a-7day of , 1 `Prf'L�) , 2019.
BOARD OF ADJUSTMENT
ST. LUCIE COUNTY, FLORIDA
Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
Asst. Cou ty Attorney
File No. BA 1220185425
BOA Resolution No. 19-003
Page 2
Exhibit A
(Excerpt from Survey, date stamped March 22, 2019)
File No. BA 1220185425 BOA Resolution No. 19-003
Page 3