HomeMy WebLinkAbout21-006 - BOA BOARD OF ADJUSTMENT
RESOLUTION NO. 2021 -006
File No.: BA - 9202025836
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 Petition of Tindall Holdings II LLC 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 2,972 linear foot dead-end street with a cul-de-
sac as access for a proposed nine (9) lot subdivision, to be known as Palmetto
Flatts, within the AG-1 (Agricultural — 1du/ac) Zoning District.
2. On March 24, 2021, 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. This Board continued the public hearing to the April 28, 2021 meeting for staff to
research additional information requested.
4. On April 28, 2021, the Board of Adjustment held a public hearing on the petition.
5. 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 of the 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, and is not in conflict with the
goals, objectives, and policies of the St. Lucie County Comprehensive Plan,
because
a. The granting of the requested Variance will not impair or otherwise injure
adjacent residential property owners because the proposed subdivision will
dedicate right of way for Campbell Road along the eastern property line that
will provide additional buffer from the properties to the east.
File No. BA-9202025P" )A Resolution No. 2021-006
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT Page 1
SAINT LUCIE COUNTY
FILE# 4872800 06/02/2021 04:35:11 PM
OR BOOK 4621 PAGE 2170-2174 Doc Type:RESO
RECORDING: $44.00
b. The granting of the requested Variance will not circumvent the construction
of the dead-end street in compliance with all design standards and
improvements of the proposed roadway required by the St. Lucie County
Fire District.
c. The granting of the requested Variance is the minimum that will make
possible the reasonable use of the land. If limited, development of the 82
acres that is 2,663 foot deep, would restrict the design of the proposed nine
lot subdivision.
d. The requested Variance meets the general spirit and intent of the St. Lucie
County Land Development Code 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:
A. The Petition of Tindall Holdings II LLC, 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 as Exhibit "A", described below, and as shown on the boundary
survey created by CivilSury Design Group, Inc., submitted to the Planning and
Development Services Department and date stamped on January 28, 2021.
Legal Description:
THE EAST 1/2 OF THE NORTHWEST 1/4 SECTION 9, TOWNSHIP 35 SOUTH,
RANGE 39 EAST, LYING IN ST. LUCIE COUNTY, FLORIDA.
TOGETHER WITH:
A PARCEL OF LAND LYING OVER AND ACROSS A PORTION OF THE
NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 35 SOUTH, RANGE 39 EAST,
ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGIN AT THE NORTH 1/4 CORNER OF SAID SECTION 9, THENCE SOUTH
00°33'01" EAST, ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID
SECTION 9, A DISTANCE OF 40.00 FEET; THENCE NORTH 74°59'29" WEST,
DEPARTING SAID EAST LINE, A DISTANCE OF 155.70 FEET TO THE
NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 9 AND THE
SOUTH RIGHT OF WAY LINE OF NORTH ST. LUCIE RIVER WATER
CONTROL DISTRICT, NORTH EMERGENCY RELIEF CANAL (A 130 FOOT
File No. BA-9202025836 BOA Resolution No. 2021-006
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RIGHT OF WAY); THENCE SOUTH 89°52'38" EAST, ALONG SAID LINE, A
DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING.
Address: 11652 Orange Avenue, Fort Pierce, FL 34945
Parcel ID Number: 2309-210-0000-000-9
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 (12) 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 AYE
Commissioner Kevin Griffin AYE
File No. BA-9202025836 BOA Resolution No. 2021-006
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PASSED AND DULY ADOPTED this 28th day of April, 2021.
BOARD OF ADJUSTMENT
ATTEST: ST. LUCIE COUNTY, FLORIDA
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File No. BA-9202025836 BOA Resolution No. 2021-006
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Exhibit "A"
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File No. BA-9202025836 BOA Resolution No 2021-006
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