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Home My WebLink About20-006 - BOA BOARD OF ADJUSTMENT RESOLUTION NO. 2020-006 File No.: BA 6202025770 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. Public Hearing of UT Land Company, LLC, for the project to be known as United Teleports - SES, request 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 multiple existing structures to encroach into the minimum required yard setbacks for property located within the IH (Industrial, Heavy) Zoning District. This request will allow fifteen (15) satellite antennas to remain within the required minimum side and/or rear yard setbacks, a 22 foot in diameter water storage tank to remain within the required minimum rear yard setback, and a +/- 368 square foot one-story concrete pump house to remain within the required minimum rear yard setback. 2. On August 26, 2020, this Board held a public hearing on the petition, after publishing a notice of such hearing, installing a sign on the 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 requested arises from conditions that are unique and peculiar to the land, structures, and buildings involved that result in unnecessary hardship for the owner, lessee, or occupant. There is no other viable location to place the remaining antennas within the property due to existing improvements and the required look angles as described in detail in the "Variance Request'; b. The requested variance is the minimum variance that will make possible the reasonable use of the land, building, or structures. The antennas are placed as far away from the north property line as possible while maintaining the required clear view to the southern sky and not interfering with other antennas, the parking area and/or the existing building; JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4754907 09/16/2020 03:24:02 PM OR BOOK 4477 PAGE 52-55 Doc Type:RESO RECORDING: $35.50 August 26,2020 A Resolution No.2020-006 File No. BA 6202025770 Page 1 1 c. 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 satellite structures were construction in 2016 and have been continuously operational since then; and d. 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: A. The petition of UT Land Company, LLC for a variance to allow multiple existing structures to encroach into the minimum required yard setbacks, inclusive of fifteen (15) satellite antennas to remain within the required minimum side and/or rear yard setbacks, a 22 foot in diameter water storage tank to remain within the required minimum rear yard setback, and a +/- 368 square foot one-story concrete pump house to remain within the required minimum rear yard setback for the property depicted on the attached boundary survey prepared by Watson-Killane — Surveying and Mapping, Inc., date stamped by the Planning and Development Services Department on July 17, 2020, as Exhibit "A" and more specifically described as follows: Legal: COMMENCE AT THE NORTHEAST CORNER OF SECTION 1, TOWNSHIP 37 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY FLORIDA; THENCE RUN SOUTH 00°00'54" WEST, ALONG THE RANGE LINE, A DISTANCE OF 4,176.86 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID RANGE LINE A DISTANCE OF 250.00 FEET; THENCE RUN NORTH 89°59"06" WEST, A DISTANCE OF 660.00 FEET; THENCE RUN 00° 00'54" EAST, PARALLEL WITH AFORESAID RANGE LINE, A DISTANCE OF 250.00 FEET; THENCE RUN SOUTH 89°59'06" EAST, A DISTANCE OF 660.00 FEET TO THE POINT OF BEGINNING. Address: 10161 Range Line Road, Fort Pierce, FL 34987 Parcel Identification Number: 4201-113-0001-030-2 B. Based on the evidence presented, this variance is approved. C. 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. D. This Order shall become effective upon the date indicated below. An appeal from the Board of Adjustment's action may 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. E. This Order shall be recorded in the public records of St. Lucie County. August 26,2020 BOA Resolution No.2020-006 File No. BA 6202025770 Page 2 r After motion and second, the vote on this resolution was as follows: Chairman Robert Lowe AYE Vice-Chairman Captain Derek Foxx AYE Commissioner Stewart Mencer AYE Commissioner Alexander Tommie AYE Commissioner Kevin Griffin AYE PASSED AND DULY ADOPTED this 26th day of August 2020. BOARD OF ADJUSTMENT ATTEST: ST.✓LIE C U Y, FLORIDA 'r 1I ll� o�o f 1 ,� r Sec ary Date h rtikan1 c APPROVED AS TO FORM () . j3t1 —' 9iti. _20_ AND CORRECTNESS: Clerk Filing Date //', Asst. County Attorney August 26,2020 BOA Resolution No.2020-006 File No.BA 6202025770 Page 3 N 4 Exhibit A s ,_ :, Wil.:". 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