HomeMy WebLinkAbout20-001 - BOA JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 4732205 07/22/2020 08:48:28 AM
OR BOOK 4449 PAGE 1401-1404 Doc Type:RESO
RECORDING: $35.50
BOARD OF ADJUSTMENT
RESOLUTION NO. 2020-001
File No.: BA - 6201925558
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:
1. The request of Rocio Soto, Miami Design Builders, Inc., on behalf of P & S Investments
of St Lucie, Inc. (Pit Stop Canopy), 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 approve a 20' X 40' (800 sq. ft.) fuel pump canopy to encroach
into the required minimum 25-foot front yard setback by 23 feet, providing a total front
yard setback of two (2) feet, within the CN (Commercial, Neighborhood) Zoning District.
2. On June 24, 2020, 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.
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 variance request is the minimum necessary that will make reasonable use of
the land and structures at an existing convenience store and gas station
constructed in 1974 prior to the existing Land Development Code providing
protection for customers from the weather. The variance is unique to the land
and area due to the fact the convenience store and gas station were constructed
in 1974, remaining in operation since.
b. The requested variance is not expected to harm other properties or
improvements in the neighborhood, nor is it expected to impair an adequate
supply of light or air to adjacent public streets, the gas station was constructed in
I 1974 and has been operating continuously since then.
I
c. The requested variance meets the general spirit and intent of the St. Lucie
County Land Development and the St. Lucie County Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
File No.BA-6201925558 BOA Resolution No.2020-001
Page 1
A. The request of Rocio Soto, Miami Design Builders, Inc., on behalf of P & S Investments
of St Lucie, Inc.(Pit Stop Canopy), 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 approve a 20 X 40 (800 sq. ft.) fuel pump canopy to encroach into
the required minimum 25-foot front yard setback by 23 feet, providing a total front yard
setback of two (2) feet, for the property depicted on Exhibit "A" and described below, as
shown on the boundary survey created by John Ibarra & Associates, Inc., submitted to
the Planning and Development Services Department and date stamped on February 18,
2020.
Legal: LOT 1 AND 2, BLOCK 168 LAKEWOOD PARK-UNIT 12A, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 11, PAGE 35, OF
THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
Address: 5101 Turnpike Feeder Road, Fort Pierce, FL 34951
Parcel ID Number: 1301-615-0019-000-1
B. Based on the evidence presented, this variance to encroach 23 feet into the required
minimum 25-foot front yard setback is approved subject to the following conditions of
approval:
Prior to the issuance of the Certificate of Completion of the proposed metal canopy there
shall be lighting installed under the canopy to provide adequate visibility for customers.
C. 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.
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:
Vice Chairman Robert Lowe AYE
Commissioner Derek Foxx AYE
Commissioner Alexander Tommie AYE
Commissioner Stewart Mercer ABSENT
File No. BA-6201925558 BOA Resolution No.2020-001
Page 2
PASSED AND DULY ADOPTED this 24th day of June, 2020.
BOARD OF ADJUSTMENT
ATTEST: ST. LUCIE COUNTY, FLORIDA
Secretary Signature is here Date 7/16/20 Signature is here, Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
Clerk Signature is here Date 7/16/20 Katherine Barbieri
Asst. County Attorney
File No. BA-6201925558 BOA Resolution No.2020-001
Page 3
Exhibit A
(Location Map)
Location Indian River County Pit Stop Canopy Variance
BA-6201925558
u s i
InCrfo Road
41
File No. BA-6201925558 BOA Resolution No.2020-001
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