HomeMy WebLinkAbout23-002 - BOA BOARD OF ADJUSTMENT
RESOLUTION NO. 2023-002
File No.: VAR-2212-000023
A RESOLUTION DENYING 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 Dirk Ackermann requested Variances to allow a pool to be constructed
9.3 feet into the required 15-foot rear yard setback (providing a rear setback of 5.7 feet)
and for a proposed single-family home to exceed the maximum 30% lot (building)
coverage by 4.76% within the RS-4 (Residential. Single-Family — 4 du/ac) Zoning
District.
2. On February 22, 2023, 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, petitoner's testimony and that of members of the public, 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(s) has (have) 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
variance into the rear yard setback and proposed variance to exceed the
maximum lot coverage do not result from a hardship created by the property;
b. The variances requested do not arise from a condition that is unique and peculiar
to the land involved and
c. The variance requested is not the minimum variance that will make possible the
reasonable use of land and structures.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. The petition of Dirk Ackermann, requested Variances to allow a pool to be constructed
9.3 feet into the required 15-foot rear yard setback (providing a rear setback of 5.7 feet)
and for a proposed single-family home to exceed the maximum 30% lot (building)
coverage by 4.76% within the RS-4 (Residential, Single-Family — 4 du/ac) Zoning
File No. VAR-2212-000023 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT BOA Resolution No. 2023-002
SAINT LUCIE COUNTY Page 1
FILE# 5178566 04/12/2023 04:27:07 PM
OR BOOK 4974 PAGE 2720-2722 Doc Type:RESO
RECORDING: $27.00
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 a pool to be constructed 9.3
feet into the required 15-foot rear yard setback (providing a rear setback of 5.7 feet) and
for a proposed single-family home to exceed the maximum 30% lot (building) coverage
by 4.76% 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.
PASSED AND DULY ADOPTED this 22nd day of February, 2023.
BO OF ADVU,STMENT
ATTEST: S . IE TY, FLORIDA
•
, 4/3/7 3 /
Secretary Date ichard Neill, Jr.,
Special Magistratet
APPROVED AS TO FORM
AND CORRECTNESS:
/— 4/3/ 2;3
Clerk Date
County Attorney
File No. VAR-2212-000023 BOA Resolution No. 2023-002
Page 2
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File No. VAR-2212-000023 BOA Resolution No. 2023-002
Page 3