HomeMy WebLinkAbout19-013 - BOABOARD OF ADJUSTMENT
RESOLUTION NO. 19-013
File No.: BA 8201925585
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:
Rebecca Percy petitioned for a variance from 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 pump house to encroach into the required minimum 50-foot front
yard setback by no more than 37.4 feet and an existing detached garage to encroach
into the required 50-foot front yard setback by no more than 29.2 feet for property
located at 11298 Muller Road, in the AG-5 (Agricultural — 1 du/5ac) Zoning District.
2. On October 23, 2019, 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
of the St. Lucie County Land Development Code and is not in conflict with the goals,
objectives, and policies of the St. Lucie County Comprehensive Plan, subject to the
condition the applicant obtains all applicable local, state, and federal permits for the
above -referenced structures, because the following:
1)The subject structure is generally located within the footprint of the previous
single-family structure and accessory structures;
2)The main garage structure would meet the side yard (setback) requirement of
the subject district if 11 Mile Road was considered the front property line; and
3)The placement of structure(s) on the site was further influenced by flood -
hazard avoidance.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. The petition of Rebecca Percy for a variance to allow an existing pump house to
encroach into the required minimum 50-foot front yard setback by no more than 37.4 feet
and an existing detached garage to encroach into the required 50-foot front yard setback
by no more than 29.2 feet for property depicted on the attached location map as Exhibit
"A", and more specifically described below, consistent with the attached boundary
survey depicted in Exhibit "B".
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
October 23, 2019 FILE # 4638618 11/06/2019 11:41:01 AM BOA Resolution No. 19-013
File No. BA 8201925585 OR BOOK 4342 PAGE 2656 - 2659 Doc Type: RESO Page 1
RECORDING: $35.50
B. and described as follows:
Legal: 33 35 39 THAT PART OF W 1/2 OF SW 1/4 OF NE 1/4 LYG S OF CANAL 71-
LESS E 206 FT AND LESS RD R/W- (2.86 AC) (OR 3370-745)
Address: 11298 Muller Road, Fort Pierce, FL 34945
Parcel Identification Number: 2333-133-0001-0005
C. Based on the evidence presented, this variance is approved.
D. This Order shall become effective upon the date indicated below. An appeal from the
Board of Adjustment's action must be filed with the courts of the State of Florida 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.
E. 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.
F. 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
AYE
Commissioner
Alexander Tommie
AYE
Commissioner
Michael Jacquin
AYE
PASSED AND DULY ADOPTED this 23rd day of October 2019.
BOARD OF ADJUSTMENT
ST. LUCIEf�COUNTY, FLORIDA
5Do
ate Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
iling date /
Asst. ounty Attorney
October 23, 2019 BOA Resolution No. 19-013
File No. BA 8201925585 Page 2
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BOA Resolution No. 19-013
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BOA Resolution No. 19-013
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