HomeMy WebLinkAbout21-004 - BOA MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 4848188 04/14/2021 03:58:14 PM
OR BOOK 4591 PAGE 1865-1868 Doc Type:RESO
RECORDING: $35.50
BOARD OF ADJUSTMENT
RESOLUTION NO. 2021-004
File No.: BA 1202125932
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. Petition of Robert Johnson and Peter Hays for a Variance from the provisions of St.
Lucie County Land Development Code Section 7.05.02 (Streets) to allow a permanent
dead-end street to exceed one thousand (1,000) feet in length. This request is to allow a
2,190-foot dead-end cul-de-sac street to access a proposed 7-lot subdivision, to be
known as Brocksmith Subdivision within the AG-5 (Agricultural -5) Zoning District.
2. On March 24, 2021, 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 and evidence presented during the public hearing,
including staff comments, photographs, 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 not met the standards of review as set forth in Section
10.01.02, St. Lucie County Land Development Code and is in conflict with the goals,
objectives, and policies of the St. Lucie County Comprehensive Plan, because:
a. The granting of the requested variance would impair or otherwise injure other
property or improvements in the neighborhood in which the subject property
is located because of the flooding conditions unique to the land, area,
structures, and buildings involved.
b. From the testimony heard, evidence presented, photos submitted, and staff
comments, the granting of the variance does not meet the standards of
review in the Land Development Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. The petition of Robert Johnson and Peter Hays for a variance to allow a permanent
dead-end street to exceed one thousand (1,000) feet in length for the subject lot for the
property depicted on the attached Site Plan as Exhibit "A" and more specifically
described as follows:
March 24,2021 BOA Resolution No.2021-004
File No.BA 1202125932 Page 1
Legal Description:
TRACT 9 LEGAL DESCRIPTION:
COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF
SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY,
FLORIDA, RUN N 00°21'37" W, ALONG THE NORTH-SOUTH 1/4 SECTION LINE,
A DISTANCE OF 2057.50 FEET, TO A POINT 595.92 FEET SOUTH OF
NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 17;
THENCE RUN N 89° 38' 23" E, A DISTANCE OF 43.50 FEET, TO THE EAST
RIGHT-OF-WAY LINE OF BROCKSMITH ROAD AND THE POINT OF
BEGINNING; THENCE RUN N 00° 21' 37" W, ALONG THE SAID EAST RIGHT-
OF-WAY LINE, A DISTANCE OF 362.50 FEET; THENCE RUN N 89° 38' 23" E, A
DISTANCE OF 1291.45 FEET, TO THE NORTH-SOUTH 1/4-1/4 SECTION LINE;
THENCE RUN N 00° 16' 46" W, ALONG THE SAID 1/4-1/4 SECTION LINE, A
DISTANCE OF 221.31 FEET, TO THE EAST-WEST 1/4 SECTION LINE; THENCE
RUN S 89° 50' 26" E, ALONG THE SAID EAST-WEST 1/4 SECTION LINE, A
DISTANCE OF 1286.31 FEET TO THE WEST RIGHT-OF-WAY LINE OF NORTH
ST. LUCIE RIVER WATER CONTROL DISTRICT CANAL NO. 52; THENCE RUN S
00° 11' 54" E, ALONG THE SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF
1332.15 FEET; THENCE RUN S 89° 38' 23" W, A DISTANCE OF 1284.39 FEET; TO
THE NORTH-SOUTH 1/4-1/4 SECTION LINE; THENCE RUN N 00° 16' 46" W,
ALONG THE SAID 1/4-1/4 SECTION LINE, A DISTANCE OF 760.00 FEET;
THENCE RUN S 89° 38' 23" W, A DISTANCE OF 1290.94 FEET, TO THE EAST
RIGHT-OF-WAY LINE OF BROCKSMITH ROAD AND THE POINT OF
BEGINNING; ALL LYING AND BEING IN SECTION 17, TOWNSHIP 35 SOUTH,
RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA.
CONTAINING 50.23 ACRES, MORE OR LESS.
Location: East side of Brocksmith Road, approximately 1-mile south of Orange Avenue
Parcel Identification Number: 2317-411-0000-000-1
B. Based on the evidence presented, this variance is denied.
C. 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.
D. This Order shall be recorded in the public records of St. Lucie County.
March 24,2021 BOA Resolution No.2021-004
File No. BA 1202125932 Page 2
After motion and second, the vote on this resolution was as follows:
Chairman Robert Lowe AYE
Vice Chairman Captain Derek Foxx ABSENT
Commissioner Stewart Mencer AYE
Commissioner Alexander Tommie AYE
Commissioner Kevin Griffin AYE
PASSED AND DULY ADOPTED this 24th day of March, 2021.
BOARD OF ADJUSTMENT
ATTEST: STj. LUCIE COUNTY, FLORIDA
Se tary Date ( Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
C Filing Date
ty
Asst. County Attorney
March 24,2021 BOA Resolution No.2021-004
File No.BA 1202125932 Page 3
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March 24,2021 BOA Resolution No.2021-004
File No.BA 1202125932 Page 4