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Home My WebLink About20-009 - BOA BOARD OF ADJUSTMENT RESOLUTION NO. 2020-009 File No.: BA 7202025794 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. Petition of Eduardo Leal's request for a Variance from the provisions of Section 7.05.02 - Streets of the St. Lucie County Land Development Code to allow a permanent dead-end street to exceed one thousand (1,000) feet in length. This request is to allow a 2,139 feet dead-end street with a cul-de-sac as access for a proposed 14-lot subdivision, to be known as St. Nicholas Woods, within the AG-5 (Agricultural-5) Zoning District. 2. On September 23, 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 does not impair or otherwise injure other property or improvements in the area in which the subject property is located. b. The variance granted will be subject to compliance with all design standards and improvements of the proposed roadway required by St. Lucie County Fire District. c. The variance granted is the minimum variance that will make possible the reasonable use of land. If limited, development of the 2,497-foot long property, would considerably be restricted to the western segment of the parcel. d. The requested variance meets the general spirit and intent of the St. Lucie County Land Development and the St. Lucie County Comprehensive Plan. The request promotes policies of the Comprehensive Plan by designing the future lots so that each have direct access to an internal street system. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT September 23,2020 SAINT LUCIE COUNTY BOA Resolution No.2020-009 File No. BA 7202025794 FILE# 4767398 10/14/2020 04:09:25 PM Page 1 OR BOOK 4491 PAGE 2083-2086 Doc Type:RESO RECORDING: $35.50 A. The petition of Eduardo Leal for a variance to allow a permanent dead-end street to exceed one thousand (1,000) feet in length for the property depicted on the attached site plan as Exhibit "A" and more specifically described as follows: Legal Description: THE SOUTH 696.24 FEET OF THE NORTH 1/2 OF THE NORTHEAST '/4 OF SECTION 30, TOWNSHIP 35 SOUTH, RANGE 39 EAST, LESS AND EXCEPT RIGHTS-OF-WAY OWNED BY THE NORTH ST. LUCIE (RIVER) WATER CONTROL DISTRICT FOR ITS LATERAL CANALS NUMBERED 54 AND 55 AND FOR THE COUNTY RIGHT-OF-WAY FOR SHINN ROAD (C-609-A), ST. LUCIE COUNTY, FLORIDA LESS AND EXCEPT THE WEST 5.00 FEET OF THE ABOVE-DESCRIBED PARCEL SAID LAND CONTAINS 39.92 CRES, MORE OR LESS AND THE NORTH '/2 OF THE NORTHEAST A OF SECTION 30, TOWNSHIP 35 SOUTH, RANGE 39 EAST, LESS AND EXCEPT RIGHTS-OF-WAY OWNEED BY THE NORTH ST. LUCIE (RIVER) WATER CONTROL DISTRICT FOR ITS LATERAL CANALS NUMBERED 54 AND 55 AND FOR THE COUNTY RIGHT-OF-WAY FOR SHINN ROAD (C-609-A), ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT THE SOUTH 696.24 FEET OF THE ABOVE-DESCRIBED (REMAINDER) PARCEL. ALSO LESS AND EXCEPT THE WEST 5.00 FEET OF THE ABOVE-DESCRIBED PARCEL. SAID LAND CONTAINS 37.23 ACRES. MORE OR LESS. Address: East side of Shinn Road, two (2) miles north of Okeechobee Road, in Fort Pierce Parcel Identification Number(s): 2330-111-0002-000-5, 2330-111-0002-010-8 B. Based on the evidence presented, this variance is approved. C. This variance shall expire twelve months from the date of adoption unless a Major Site Plan 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. September 23,2020 BOA Resolution No 2020-009 File No. BA 7202025794 Page 2 • E. 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 Robert Lowe AYE Vice-Chairman Derek Foxx AYE Commissioner Stewart Mencer AYE Commissioner Alexander Tommie AYE Commissioner Kevin Griffin AYE PASSED AND DULY ADOPTED this 23rd day of September 2020. BOARD OF ADJUSTMENT ATTEST: ST. 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