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Home My WebLink About20-010 - BOA MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4824676 03/01/2021 01:18:10 PM OR BOOK 4562 PAGE 2308-2311 Doc Type:RESO RECORDING: $35.50 BOARD OF ADJUSTMENT RESOLUTION NO. 2020-010 File No.: BA- 8202025834 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 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 approved the Variance to allow the existing pole barn to encroach 10.7 feet into the required 15 foot rear yard setback, 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. b. The Board denied an additional Variance request 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, as it 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, as contained within Board of Adjustment Resolution No. 2020-012, also adopted October 28, 2020. File No. BA-8202025834 BOA Resolution No. 2020-010 Page 1 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 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, 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 - 44,214SF) Address: 4960 Conley Place, Fort Pierce, FL 34951 Parcel ID Number: 1313-131-0007-000-6 B. Based on the evidence presented, this variance is approved with the condition that the property owner obtain a building permit. 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 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 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 NAY Commissioner Kevin Griffin AYE File No. BA-8202025834 BOA Resolution No. 2020-010 Page 2 PASSED AND DULY ADOPTED this 28'h day of October, 2020. BOARD OF ADJUSTMENT ATTEST: ST. LUCIE COUNTY, FLORIDA 10/V(0° Greta y Date it an APPROVED AS TO FORM c0I 491() AND CORRECTNESS: Date f Asst. Co Attorney File No. BA-8202025834 BOA Resolution No. 2020-010 Page 3 c Exhibit "A" (Location Map) Indian River County c a ( , a 2 c .cN „T= `,, Atlantic Y Indrio Rd ,\ -- 1, 1. cc , Subject Parcel ,� 1 o E 3 •0 '• f /j rn $ I/.1c� Sunshine State Parkway Y I St. Lucie Blvd c' %/f " -o L / �� Juanita Ave ;�o �a1 Z C-25 Canal Belcher Canal m s) % Cam,. • Ai, N 1 utr-ay Cam---,`\ ,Pa z ,(go se`s r` Avenue D Ga Orange Ave )\ 't, r44 • /r '9 so 0 a K 0, o \,\ 01 N C N O �� c. 4m 2 o / " T ' "2: i = Virginia Ave co., O\ d7 , t l co- File No. BA-8202025834 BOA Resolution No. 2020-010 Page 4