HomeMy WebLinkAbout22-011 - BOABOARD OF ADJUSTMENT
RESOLUTION NO. 2022-011
File No.: BA-9202126188-26188
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:
Petition of Dirk Ackermann, for Variances to allow: 1) A portion of the home (dining
room) 4.1 feet into the required 15-foot rear yard setback (providing a rear setback of
10.9 feet), 2) A pool 12.2 feet into the required 15-foot setback (providing a rear setback
of 2.8 feet), 3) A cantilevered roof (covered patio) 4.5 feet into the required 15-foot
setback (providing a rear setback of 10.5 feet), and 4) A 38.66% lot (building) coverage,
for a 4,116 sq. ft. residential structure on the subject 10,646 sq. ft. lot, exceeding the
maximum 30% allowance by 8.66% within the RS-4 (Residential, Single -Family — 4
du/ac) Zoning District.
2. On October 26, 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 the 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 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. Based on the testimony given and the evidence presented, the proposed
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variances into the rear yard setback and proposed variance to exceed the
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maximum lot coverage exceeds the previously granted variance requests, will
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cause an obstructed view, and adversely impact, impair and injure other
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properties or improvements in the neighborhood;
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ob.
The variance received objections from five (5) adjacent property owners within
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500 feet of the subject property;
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c. The variances requested do not arise from a condition that is unique and peculiar
to the land involved and it is created by the conditions of this Code and not by the
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actions of the property owner or applicant; and
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d. The variance requested is not the minimum variance that will make possible the
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reasonable use of land and structures.
File No. BA-9202126188-26188 BOA Resolution No. 2022-011
Page 1
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. Petition of Dirk Ackermann, for Variances to allow: 1) A portion of the home (dining
room) 4.1 feet into the required 15-foot rear yard setback (providing a rear setback of
10.9 feet), 2) A pool 12.2 feet into the required 15-foot setback (providing a rear setback
of 2.8 feet), 3) A cantilevered roof (covered patio) 4.5 feet into the required 15-foot
setback (providing a rear setback of 10.5 feet), and 4) A 38.66% lot (building) coverage,
for a 4,116 sq. ft. residential structure on the subject 10,646 sq. ft. lot, exceeding the
maximum 30% allowance by 8.66% within the RS-4 (Residential, Single -Family — 4
du/ac) Zoning District, for the property depicted on the attached aerial map as Exhibit "A"
and more specifically described as follows:
Legal: QUEENS COVE — UNIT 1 — BLK 18 LOT L
CONTAINING 10,646 SQUARE FEET OF 0.24 ACRES, MORE OR LESS
Address: 14 Crown Court, Fort Pierce, FL 34949
Parcel ID Number: 1414-701-0178-000-4
B. Based on the evidence presented, including but not limited to the testimony presented,
staff comments, and exhibits, this variance request to allow 1) A portion of the home
(dining room) 4.1 feet into the required 15-foot rear yard setback (providing a rear
setback of 10.9 feet), 2) A pool 12.2 feet into the required 15-foot setback (providing a
rear setback of 2.8 feet), 3) A cantilevered roof (covered patio) 4.5 feet into the required
15-foot setback (providing a rear setback of 10.5 feet), and 4) A 38.66% lot (building)
coverage, for a 4,116 sq. ft. residential structure on the subject 10,646 sq. ft. lot,
exceeding the maximum 30% allowance by 8.66% within the RS-4 (Residential, Single -
Family — 4 du/ac) Zoning District is denied.
C. 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.
D. This Order shall be recorded in the public records of St. Lucie County.
After a motion to approve the variance request and a second, the vote was as follows:
Commissioner
Commissioner
Commissioner
Vice -Chairman
Chairman
File No. BA-9202126188-26188
Kevin Griffin
Stewart Mercer
Alexander Tommie
Captain Derek Foxx
Robert Lowe
ABSENT
AYE
AYE
NAY
NAY
BOA Resolution No. 2022-011
Page 2
After a motion to deny the variance request and a second, the vote on this resolution was as
follows:
Commissioner Kevin Griffin ABSENT
Commissioner Stewart Mercer NAY
Commissioner Alexander Tommie NAY
Vice -Chairman Captain Derek Foxx AYE
Chairman Robert Lowe AYE
By a failure to pass an affirmative motion to approve the requested variance, the variance was
denied by the Board of Adjustment as contained herein.
PASSED AND DULY ADOPTED this 26th day of October, 2022.
ATTEST:,,
Secretary
Clerk
BOARD OF ADJUSTMENT
ST. LUCIE C UNITY, FLORIDA
3
Date( Chairman
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Dat
APPROVED AS TO FORM
AND CORRECTNESS:
File No. BA-9202126188-26188 BOA Resolution No. 2022-011
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Exhibit A
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Subject
Parcel
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File No. BA-9202126188-26188 BOA Resolution No. 2022-011
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