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Home My WebLink About23-003 - BOA BOARD OF ADJUSTMENT RESOLUTION NO. 2023-003 File No.: VAR-2210-000020 A RESOLUTION APPROVING A VARIANCE FOR CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Special Magistrate, serving as the Board of Adjustment of St. Lucie County, Florida ("Board of Adjustment"). based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: 1. The petition of Thomas and Frances Mulvaney requested a variance from Section 7.04.01 (Table 7-10) - Lot Size and Dimensional Requirements of the St. Lucie County Land Development Code to allow for a reduction in the required 75-foot lot width by 5.1- feet. to a minimum width of 69.9-feet for property located at 108 Island Dunes Cove, in the HIRD (Hutchinson Island Residential District) Zoning District. 2. On February 22, 2023, this Board held a public hearing on the petition, after publishing a notice of such hearing, installing a sign on the property, and notifying by mail all owners of property within 500 feet of the subject property. 3. This Board considered the variance previously granted on this property by Resolution No. 2020-003, concluded that the Board's prior conclusions were not contradicted by the evidence presented, and determined to give great weight to those prior conclusions, including as to the width which represented the minimum variance necessary. 4. After consideration of the testimony presented during the public hearing, including that of the petitioner, staff comments, exhibits, this Board's Resolution No. 2020-003. 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 met 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 granting of the requested variance, as modified herein, is based upon and consistent with the previously approved variance request for this parcel and arises from a condition that is unique and peculiar to the land because Lot 3 within the Las Tortugas Subdivision was created with the minimum lot width of 75 feet, setback further than other parcels within the subdivision therefore requiring a greater front setback. b. The granting of the requested variance will not impair or otherwise injure other property or improvements in the area in which the subject property is located because the proposed single-family residence will be in-line with neighboring single-family homes. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT February 22,2023 SAINT LUCIE COUNTY BOA Resolution No.2023-003 File No.VAR-2210-000020 FILE# 5178568 04/12/2023 04:27.07 PM Page 1 OR BOOK 4974 PAGE 2726-2729 Doc Type:RESO RECORDING: $35.50 c. The granting of the requested variance is the minimum necessary that will make reasonable use of the land and building. d. The requested variance meets the general spirit and intent of the St. Lucie County Land Development and the St. Lucie County Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: A. The petition of Thomas and Frances Mulvaney for a variance granted to the extent of allowing a reduction in the required 75-foot lot width by 5.07-feet, to a minimum width of 69.93-feet for the subject lot for the property depicted on the attached boundary survey as Exhibit "A" and more specifically described as follows: Legal: Lot 3, Las Tortugas at Hutchinson Island, according to the Map or Plat thereof, as recorded in Plat Book 44 at Page 5 and 5A of the Public Records of St. Lucie County, Florida. Address: 108 Island Dunes Cove, Jensen Beach, FL 34957 Parcel Identification Number: 3534-503-0004-000-1 B. Based on the evidence presented, this variance is approved as stated above. C. This variance shall expire twelve 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 may be processed within thirty (30) days in accordance with Section 10.01.07, of the St. Lucie County Land Development Code. E. This Order shall become effective upon the date indicated below. An appeal from the Board of Adjustment's action may 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. F. This Order shall be recorded in the public records of St. Lucie County. February 22,2023 BOA Resolution No. 2023-003 File No.VAR-2210-000020 Page 2 PASSED AND DULY ADOPTED this 22' day of February 2023. BOARD OF ADJUSTMENT ATTEST: , S C O TY, FLORIDA i / / r ' I r2,3 Secretary Date Special Magistrat I ', J� APPROVED AS TO FORM ,1 7 AND C RRECTNES_, b. CJerk Filing ate/ Count Atto ey February 22, 2023 BOA Resolution No. 2023-003 File No.VAR-2210-000020 Page 3 Exhibit A 108 ISLAND DUNES COVE,JENSEN BEACH,FL_34957 4( WRVS TABLEl4 A C Ctc ) 'a'4' _EHGTH RADIUS DELTALENGTH IEAANO Ct 12.41� MAY 2g`y544• t2:)S'_NEEt'e►?tib'W FCiIltDit' C2 6 10 mace weir 6136' Went A I t R�1) oars C3 3.S5 25.0.7 11411242• 334' 5115`2InTE AM.)CAP Of PLAT Nail' 59'35"E 107.84' _ FOUND fldb RAVE 0,411VNrl SUCENr--- IRON HOD va'DIOi9 _........- — —— _ _i_ ._-. - AP4 _.. .. L §$ ' (-or 3 - {a 1a,' VACANT LOT f 108 3:i �Q ... AREA.Senn8>x FT, 11 LGT2 1,:,.. 5 W tElli `%T 'PO" �1 . W CURVATURE AO ' A,. FOUND Sr 447' - _'`I_ f t T S LAND DUNES COVE V _ 5 t4 'i 54 RIGHT-OF-WAY POINT -ALL MOLES AND D'- ANCES t1Hr$*I HEREON ARE BOTH RECORD AND ME..:...LED L14LE33 OTlERO- NOTED -atricr:v-it1,4coxMMIIQ-IaOEF.T ad,2 WON,ONCAPTEKNilMgt 6I1 IIELAMIDDITA.MAO alWYCOMP 'lliMIHW0/1111MaETG TN.aYfWy rMp# r.E t or tnr C4pl►e thorrof err met wa bd without ono dfpftaS alpnatWr• aad aaf o4 a Florlde ficanead aurvayrf and aneppar Data of PIMd Work: 10-12-2021 Drawer.By-ditty i *rd."(s t?artw • Last Ravolon Data: n .{Y m s+ ' `zn 'r as Boundary Suryry prrparrd by LBe111 EX6EN ; +* �w•�•r iI Nr eDuu Suryuleau}LLC 1-N a i so,t-Slayswt!L r'''f K. . .yea 1421 Gplathnrpr Rd MC -7It�Y• • - Wink Palm Beath./L]34G3 SURVEYING, � �"" February 22,2023 BOA Resolution No.2023-003 File No.VAR-2210-000020 Page 4