HomeMy WebLinkAbout20-012 - BOA BOARD OF ADJUSTMENT
RESOLUTION NO. 2020-012
File No.: BA - 8202025834
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:
1. The request of Joseph Branca, 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 the existing pole barn to encroach into the required 15-
foot rear yard setback by no more than 10.7 feet, providing a total rear yard setback of
4.3 feet; and also allow an existing 10'x10' metal shed to encroach into the required 15-
foot rear yard setback by no more than 14.3 feet in the rear, providing a total rear yard
setback of 0.7 feet, and to encroach into the required 7.5-foot side yard setback by no
more than 5.2 feet, providing a total side yard setback of 2.3 feet for these structures,
within the RS-4 (Residential, Single-Family —4 du/ac) Zoning District.
2. On October 28, 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:
a. The Board denied the requested Variance for an existing 10'x10' metal shed to
encroach into the required 15-foot rear yard setback by no more than 14.3 feet in
the rear, providing a total rear yard setback of 0.7 feet, and to encroach into the
required 7.5-foot side yard setback by no more than 5.2 feet, providing a total side
yard setback of 2.3 feet, as is 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 St. Lucie County Comprehensive Plan, because the existing 10'x10' metal
shed would impair and/or injure other properties or improvements in the
neighborhood in which the subject property is located.
b. The Board approved an additional request for an existing pole barn to encroach
into the required 15-foot rear yard setback by no more than 10.7 feet, providing a
total rear yard setback of 4.3 feet, as it meets 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 St. Lucie County Comprehensive Plan, because the existing pole
barn would not impair or injure other property or improvements in the neighborhood
in which the subject property is located, as contained within Board of Adjustment
Resolution No. 2020-010, also adopted October 28, 2020.
JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY BOA Resolution No. 2020-012
FILE# 4788578 12/04/2020 10.16:16 AM Page 1
OR BOOK 4518 PAGE 211-214 Doc Type:RESO
RECORDING $35.50
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. The Petition of Joseph Branca, 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 an existing 10'x10' metal shed to encroach into the required
15-foot rear yard setback by no more than 14.3 feet in the rear, providing a total rear
yard setback of 0.7 feet, and to encroach into the required 7.5-foot side yard setback by
no more than 5.2 feet, providing a total side yard setback of 2.3 feet, for the property
depicted on Exhibit "A" and described below, as shown on the boundary survey created
by Compass Surveying, submitted to the Planning and Development Services
Department and date stamped on August 31, 2020.
Legal: 13 34 39 BEG AT NE COR OF SW 1/40F NE 1/4 RUN S 198 FT FOR POB;
TH CONT S 359 FT, TH W 126 FT, TH N 359 FT, THE E 126 FT TO POB
(1.01 AC -44,214 SF)
Address: 4960 Conley Place, Fort Pierce, FL 34951
Parcel ID Number: 1313-131-0007-000-6
B. Based on the evidence presented, this Variance request to allow an existing shed to
remain in the current location is denied.
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:
Chairman Robert Lowe AYE
Vice Chairman Derek Foxx ABSENT
Commissioner Alexander Tommie AYE
Commissioner Stewart Mercer AYE
Commissioner Kevin Griffin AYE
File No. BA-8202025834 BOA Resolution No. 2020-012
Page 2
PASSED AND DULY ADOPTED this 28th day of October, 2020.
BOARD OF ADJUSTMENT
ATTEST: ST. LUCIE COUNTY, FLORIDA
VV/12 / --
Date ir'n
APPROVED AS TO FORM
AND CORRECTNESS:
Date /
Asst. Coun orney
File No. BA-8202025834 BOA Resolution No. 2020-012
Page 3
Exhibit "A"
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File No. BA-8202025834 BOA Resolution No. 2020-012
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