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File No.: APP-9202126184
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AN ORDER COMPLYING WITH BOARD OF ADJUSTMENT g o °
RESOLUTION 2021-015 REVERSING PDS ORDER 2021-041 AND m
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GRANTING A LOT SPLIT FOR CERTAIN PROPERTY LOCATED IN ST. A
LUCIE COUNTY, FLORIDA
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WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony anci
evidence, made the following determinations as set forth in Board of Adjustment Resolution
2021-015:
1. On October 27, 2021, the Board of Adjustment determined that the Planning and
Development Services Director wrongfully denied the Lot Split application for the property
consisting of 19.54 acres, which holds a zoning designation of AG-5 (Agricultural -5),
located on the east side of the North St. Lucie River Water Control District (NSLRWCD)
Canal No. 54 Right-of-Way aka Pulitzer Road, approximately 1.4 miles south of Orange
Avenue and legally described as follows:
LEGAL DESCRIPTION ("SUBJECT PROPERTY")
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.
2. The petition of Justin M. and Cheryl L. Allen appealing the decision of the Planning and
Development Services Director recorded in PDS Order 2021-041 was granted by the
Board of Adjustment pursuant to Resolution 2021-015 thereby allowing the division of
19.54 acres into two parcels legally described as follows:
DESCRIPTION — LOT 1
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
LESS AND EXCEPT:
BEGIN AT THE INTERSECTION OF THE SOUTH LINE OF THE SOUTHWEST 1/4 OF
SAID SECTION 17 AND THE EAST RIGHT OF WAY LINE OF THE NORTH ST. LUCIE
RIVER WATER CONTROL DISTRICT CANAL NO. 54; THENCE NORTH 00°32'41"
WEST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 322.42 FEET;
Page 1 PDS No. 2021-056
File No.: LS-7202126095
APP-9202126184
THENCE NORTH 89°53.08" EAST. DEPARTING SAID EAST RIGHT OF WAY LINE. Al
DISTANCE OF 1286.46 FEET; THENCE SOUTH 00`27.07" EAST. A DISTANCE OF
323.30 FEET TO SAID SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 17.
THENSE SOUTH 89°55.29" WEST. ALONG SAID SOUTH LINE. A DISTANCE OF
1285.94 FEET TO THE POINT OF BEGINNING.
DESCRIPTION — LOT 2
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.
LESS AND EXCEPT:
THE NORTH 338.61 FEET THEREOF.
NOW, THEREFORE, BE IT ORDERED by the Planning and Development Services Director of
St Lucie County, Florida.
A. Pursuant to Board of Adjustment Resolution No. 2021-015 and Section 11.11.01.B(3) of
the St. Lucie County Land Development Code, Justin M. and Cheryl L. Allen
("Applicant/Property Owners`) are hereby granted a lot split as shown on the Boundary
and Topographic Survey drawing prepared by CivilSury Design Group. Inc. attached as
Exhibit A and date stamped by the Planning and Development Services Department on
July 9 2021, based on the following conditions of approval.
1 No further division of the Subject Property is permitted unless a Minor Site Plan and
Plat is approved in accordance with the St. Lucie County Land Development Code.
In accordance with Land Development Code Section 7.05.07 Provisions for Access to
New Development Activities all road and street construction, public or private, shall be
paved according to county road design and construction specifications for all
improvements.
2 Consistent with previous approvals., prior to the recording of warranty deeds reflecting
the division of the Subject Property into two parcels as described in this order the
Applicant/Property Owners shall:
Dedicate 60 feet by 661 03 feet for the future Pulitzer Road right-of-way along the :
west boundary property line.
3 The Applicant/Property Owners of the Subject Property, including the resulting Lot 1
and Lot 2, and any successor(s) in interest or assigns agree to participate in any
lawfully established MSTU (Municipal Service Taxing Unit), MSBU (Municipal Service
Benefit Unit), or other special assessment district created for the purpose of providing
for paving and drainage improvements to Pulitzer Road.
4. The Applicant/Property Owners of the Subject Property, including the resulting Lot 1
and Lot 2, and any successor(s) in interest or assigns agree to the terms and
conditions set forth in the Revocable License Agreement between Justin M. and
Cheryl L. Allen and the County to permit the existing fence to encroach in the Right-
Page 2 PDS No.2021-056
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APP-9202126184
of-Way that will be dedicated for the future road improvements to be known as
Pulitzer Road.
B. St. Lucie County is not responsible for the maintenance, upkeep, or improvement of any
private drives, roads, streets, easements, or rights-of-way providing ingress and egress
or drainage service to the subject properties.
C. A copy of this Order shall be attached to the boundary survey described in Part A and
shall be placed on file in the Planning and Development Services Department.
D. The covenants and conditions in this Order shall be deemed to be covenants running with
the land and all rights given to and obligations imposed upon the Applicants/Property
Owners shall be construed as inuring to and binding upon their successors in interest and
assigns.
E. This Order shall become effective upon the date indicated below.
F. This Order shall beq recorded in a Public Records of St. Lucie County.
ORDER effective the .Z, 44% day of 2021.
PLANNING AND DEVELOPMENT SERVICES
ST. LUCIE COUNTY, FLORIDA
BY
L l n, Al , Director
APPROV D AS TO FORM
AND COR C SS
County Attorney
Page 3 PDS No.2021-056
File No.: LS-7202126095
APP-9202126184