HomeMy WebLinkAbout22-008 - BoABOARD OF ADJUSTMENT
RESOLUTION NO. 2022-008
File No.: BA 9202126172
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. Petition of Mark J. Moller for a variance from the provisions of Section
7.10.16.F.1 Setbacks and 7.10.16.Q.1.a.1. minimum yard requirements of the St.
Lucie County Land Development Code, which provides the minimum building
setbacks for all recreational vehicle lots existing on or before August 1, 1990, to
permit the construction/retention of a residential unit that encroaches 1.2 ft. into
the required 10 ft. front setback and 0.55 ft. into the required 5 ft. rear setback
within the Hutchinson Island Residential Zoning District.
2. On April 27, 2022, 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. 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, St. Lucie County Land Development Code,
the Board of Adjustment has made the following determinations:
The requested variance meets the standards of review as set forth in Section
10.01.02, St. Lucie County Land Development Code and is not in conflict with the
goals, objectives, and policies of the St. Lucie County Comprehensive Plan,
because
a. The variance granted results from the existing structure, permitted in
1991, and the related permit file does not contain documentation
regarding whether the existing structure met the minimum building
setbacks;
b. The variance granted is the result of the property owner's home insurance
requirement to raise the existing structure to meet flood zone unveiling the
encroachment into the front and rear setbacks;
MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 5052953 06/08/2022 04:38:02 PM
OR BOOK 4839 PAGE 2798 - 2801 Doc Type: RESO
BOA Resolution No. 20Page 1
File No. BA 9202126172 RECORDING: $35.50 Page 1
C. The Holiday Out at St. Lucie, A Condominium Association had no
recourse for the subject property; and
d. The variance granted meets the general spirit and intent of the St. Lucie
County Land Development Code and St. Lucie County Comprehensive
Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie
County, Florida:
A. The petition of Mark J. Moller for a variance to allow the construction/retention of
a residential unit that encroaches 1.2 ft. into the required 10 ft. front setback and
0.55 ft. into the required 5 ft. rear setback as depicted on the survey dated
6/29/2021, revised through 3/01/2022, created by Earle R. Starkey of Accuright
Land Surveying, Inc.., was submitted to the Planning and Development Services
Department on March 17, 2022 and described as follows:
Legal: CONDOMINIUM PARCEL: LOT 22, BLOCK N. HOLIDAY OUT AT ST.
LUCIE, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF
CONDOMINIUM THEREOF RECORDED IN OFFICIAL RECORDS
BOOK 168, PAGE 1348, INCLUDING ALL AMENDMENTS THERETO,
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
ALSO KNOWN AS: LOT 22, BLOCK N, HOLIDAY OUT IN AMERICA,
AT ST. LUCIE INC., PLAT BOOK 14, PAGE 44, PUBLIC RECORDS
OF ST. LUCIE COUNTY, FLORIDA.
Address: 10725 S. Ocean Drive, Unit 529, Jensen Beach, FL 34957
Parcel Identification Number: 4511-502-0061-000/7
B. Based on the evidence presented, this variance is approved.
C. This Order shall become effective upon the date indicated below. An appeal
from the Board of Adjustment's action must 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.
File No. BA 9202126172 BOA Resolution No. 2022-008
Page 2
After motion and second, the vote on this resolution was as follows:
Chair Robert Lowe AYE
Vice Chair Derek Foxx AYE
Commissioner Alexander Tommie AYE
Commissioner Stewart Mencer AYE
Commissioner Kevin Griffin AYE
PASSED AND DULY ADOPTED this 27t" day of April, 2022.
ATTEST:
Date
Clerk
File No. BA 9202126172
BOARD OF ADJUSTMENT
ST. LUCIE COUNTY, FLORIDA
i Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
Ass . ounty Attorney
BOA Resolution No. 2022-008
Page 3
Exhibit A
Moller
El Mar Dr
S Las Olas Dr
Owners Madout
N
Subject Parcel
0 300 600
r• J 500ft Notification Area w // e
Parcels within 500ft Notification Area Feet Map prepared ni312021 s
File No. BA 9202126172 BOA Resolution No. 2022-008
Page 4