HomeMy WebLinkAbout23-001 - BOA BOARD OF ADJUSTMENT
RESOLUTION NO. 2023-001
File No.: VAR-2212-000022
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 and the evidence of petitioner, has made the following determinations:
1. Dianne Soldevilla petitioned a Variance to allow for an existing covered screen porch to
encroach into the required minimum 20-foot side yard setback by no more than 9.12
feet, providing a total side yard setback of 10.88 feet (the variance documents identify a
10.85 feet setback as the figure was rounded) for this structure within the AR-1
(Agricultural, Residential — 1 du/ac) Zoning District.
2. On January 25, 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, 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 (Special
Magistrate) 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
variances does not result from a hardship created by the property;
b. The variance requested does 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 Dianne Soldevilla, requests a Variance to allow for an existing covered
screen porch to encroach into the required minimum 20-foot side yard setback by no more
than 9.15 feet, providing a total side yard setback of 10.85 feet for this structure within the
AR-1 (Agricultural, Residential — 1 du/ac) Zoning District, for the property depicted in Exhibit
"A" and more specifically described as follows:
File No. VAR-2212-000022 BOA Resolution No. 2023-001
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT Page 1
SAINT LUCIE COUNTY
FILE# 5178567 04/12/2023 04.27:07 PM
OR BOOK 4974 PAGE 2723-2725 Doc Type:RESO
RECORDING: $27.00
Legal: ST LUCIE GARDENS 24 36 40 BLK 2 S 165 FT OF N 330 FT OF LOT 6 (1.25
ACRES) MAP (34/24N) OR (3005-1724:3240-644)
CONTAINING 57,723 SQUARE FEET OF 1.325 ACRES, MORE OR LESS
Address: 7017 Gullotti Place, Port St. Lucie, FL 34952
Parcel ID Number: 3414-501-1006-100-8
B. Based on the evidence presented, including but not limited to the testimony presented,
which included that of petitioner, staff comments, and exhibits, this variance request to
allow for an existing covered screen porch to encroach into the required minimum 20-foot
side yard setback by no more than 9.12 feet, providing a total side yard setback of 10.88
feet (10.85 feet rounded) for this structure within the AR-1 (Agricultural, Residential — 1
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 25'h day of January 2023.
BO D A JUSTMENT
ATTEST: S . UN1'Y, FLORIDA
/1,
4/3/
.Secret ry Date Richard Neill, Jr., ecial Magistrate
t/ •
APPROVED AST FORM
AND CORRECTNESS:
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Clerk Daid/id/ ' �
County Attorney
File No. VAR-2212-000022 BOA Resolution No. 2023-001
Page 2
Exhibit A
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File No. VAR-2212-000022 BOA Resolution No. 2023-001
Page 3