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BOARD OF ADJUSTMENT W ;°
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RESOLUTION NO. 2021 -015 s o o j m
File No.: APP - 9202126184ci)N
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A RESOLUTION OF THE BOARD OF ADJUSTMENT REVERSING THE DECISION °W
BY AN ADMINISTRATIVE OFFICIAL DENYING A LOT SPLIT FOR CERTAIN m
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PROPERTY IN ST. LUCIE COUNTY, FLORIDA -
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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. On August 19, 2021, Planning and Development Services Order 2021-041
("Order") was recorded with the St. Lucie County Clerk of Court denying a lot split
for the property owned by Justin M. and Cheryl L. Allen ("Appellants") consisting
of 19.54 acres located on the east side of North St. Lucie River Water Control
District Canal No. 54 Right-of-Way aka Pulitzer Road, approximately 1.4 miles
south of Orange Avenue, shown on Exhibit "A" and more particularly described
as follows:
LEGAL DESCRIPTION:
THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, LESS AND EXCEPT
THE WEST 44 FEET THEREOF, ALL LYING AND BEING IN ST. LUCIE
COUNTY, FLORIDA.
TOGETHER WITH ALL BENEFITS APPURTENANT TO THE PROPERTY
CONVEYED HEREBY AND SUBJECT TO ALL BURDENS APPURTENANT TO
THE PROPERTY CONVEYED HEREBY SET FORTH IN THAT CERTAIN
EASEMENT AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 3123,
PAGE 1925, AS AMENDED IN OFFICIAL RECORDS BOOK 3569, PAGE 859,
ALL OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
("Subject Property").
2. On September 22, 2021, Appellants submitted a petition requesting an appeal of
the Order of the Planning and Development Services Director pursuant to the
Provisions of Section 11.11.01.B(3) of the St. Lucie County Land Development
Code.
3. On October 27, 2021, this Board held a public hearing on the petition, after
publishing a notice of such hearing in the St. Lucie News Tribune on October 13,
2021 and notifying the Appellants by written notice of the time, date and place of
the public hearing by certified mail.
Page 1 of 4
4. The issues on appeal included whether Appellants' filing of the appeal was timely
and whether the Planning and Development Services Director erred in denying
Appellants' application for a lot split.
5. In making its determinations the Board considered the testimony and evidence
presented during the public hearing, including staff and Appellants' comments,
and the standards of review to be utilized by this Board on matters involving an
appeal of a decision, order, determination or interpretation of any administrative
official of the County with respect to the Provisions of the Land Development
Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie
County, Florida that after consideration of the testimony and evidence presented during
the public hearing, including staff and Appellants' comments, and the standards of
review to be utilized by this Board on matters involving an appeal of a decision, order,
determination or interpretation of any administrative official of the County with respect to
the Provisions of the Land Development Code, the Board of Adjustment hereby finds:
A. Appellant timely filed its appeal of the Order.
B. Appellants' petition appealing the Order is hereby granted and the Order of the
Director is reversed based on the evidence and testimony showing that the Order
was made in error and because a lot split of property adjacent to the Appellant's
had previously been approved.
C. No further lot splits shall be made on the Subject Property.
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 No
Vice Chairman Derek Foxx No
Commissioner Alexander Tommie Yes
Commissioner Stewart Mercer Yes
Commissioner Kevin Griffin Yes
Page 2 of 4
PASSED AND DULY ADOPTED This 27th day of October, 2021 .
BOARD OF ADJUSTMENT
ATTEST: ST. LUCIE COUNTY, FLORIDA
S reta h r
APPROVED AS TO FORM
AND CORRECTNESS:
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Page 3 of 4
Exhibit A
Allen Lot Split
Zoning
APP-9202126184
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du/5 ac Map prepared 10/4/2021
Page 4 of 4