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Home My WebLink About21-003 - BOA MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4848189 04/14/2021 03:58:14 PM OR BOOK 4591 PAGE 1869-1872 Doc Type:RESO RECORDING: $35.50 BOARD OF ADJUSTMENT RESOLUTION NO. 2021-003 File No.: BA 1202125939 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 Chancy Gelin for a Variance from the provisions of St. Lucie County Land Development Code Section 7.05.06.C.2.F(3) to allow a driveway with left turn movements to be located less than 350-feet from the Midway Road parallel base building line. This request proposes a full access driveway, with left-turn movements, 67- feet south of the required parallel base building line to serve a proposed non-residential development, to be known as the Springs Recovery Center, within the I (Institutional) 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 variance requested does not arise from a condition that is unique and peculiar to the land, structures and buildings involved but by the desire of the applicant to make left turn movements from a driveway on NW Dunn Road that would be located 67 feet from the base building line of Midway Road. b. The granting of the variance will create a dangerous traffic pattern that endanger public safety at the intersection of Midway Road and NW Dunn Road. c. The variance desired is opposed to the general spirit and intent of the St. Lucie County Land Development Code (LDC). The decreased driveway setback is in conflict with Section 7.05.06 of the St. Lucie County Land Development Code. Pursuant to Section 7.05.06.2.f.(3), which states, "Any use, existing or proposed, located on the property(s), to be served by the driveway under application, that will generate more than fifty (50) vehicle trips per day, shall not be authorized left turn movements to access that driveway unless the nearest edge of the driveway is a minimum of three hundred fifty(350) feet from the parallel base building line. March 24,2021 BOA Resolution No.2021-003 File No.BA 1202125939 Page 1 NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: A. The petition of Chancy Gelin for a Variance from the provisions of the St. Lucie County Land Development Code Section 7.05.06.C.2.F(3) to allow a driveway with left turn movements to be located less than 350-feet from the Midway Road parallel base building line for the subject lot for the property depicted on the attached Site Plan as Exhibit "A" and more specifically described as follows: Legal Description: LOTS 102, WHITE CITY SUBDIVISION, IN SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS SET FORTH IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS THE WEST 200 FEET OF SAID LOT 2, AND LESS ALL RIGHTS OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. CONTAINING 5.42 ACRES ACCORDING TO THAT CERTAIN SURVEY OF W.J. SCHOEPFER DATED JUNE 1, 1988. Location: Southwest corner of W Midway Road and NW Dunn Road Parcel Identification Number: 3403-502-0195-000-0 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. 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 NAY Commissioner Kevin Griffin AYE March 24,2021 BOA Resolution No.2021-003 File No. BA 1202125939 Page 2 PASSED AND DULY ADOPTED this 24th day of March, 2021. BOARD OF ADJUSTMENT ATTEST: ST. LUCIE COUNTY, FLORIDA -cl—oZU3` � cr Date airmaf APPROVED AS TO FORM AND CORRECTNESS: Filing Date (t Asst. 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