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Home My WebLink About23-004 - BOA BOARD OF ADJUSTMENT RESOLUTION NO. 2023-004 File No.: VAR-2301-000024 A RESOLUTION DENYING A VARIANCE TO REDUCE THE 15-FOOT REAR YARD (SETBACK) BY 7.4 FEET AND APPROVING TWO VARIANCES TO EXCEED THE MAXIMUM LOT COVERAGE BY 2% AND A REDUCTION IN THE DRIVEWAY SEPARATION FROM THE SIDE PROPERTY LINE 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. Casey and Marilyn Suarez petitioned 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 15-foot rear yard (setback) by 7.4 feet, providing a 7.6 foot rear yard (setback) and two after-the-fact variances allowing for an existing single-family home to exceed the maximum lot coverage by buildings allowable by Land Development Code Section 7.04.00. — Area, Yard, Height, and Open Space Requirements (Table 7-10) — Lot Size and Dimensional Requirements by 2% providing a 32% lot coverage by buildings and relief from Land Development Code Section 7.05.06.(C.)(1.)(a.) to allow for a reduction in distance between the driveway and the side property line from the required 5 feet to 1.8 feet, for property located at 115 Queens Road, in the RS-4 (Residential, Single-Family—4) Zoning District. 2. On May 24, 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. After consideration of the testimony presented during the public hearing, including that of the petitioner, 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 for a screen enclosure to encroach into the rear yard (setback) 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 variance into the rear yard setback 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, the size and configuration of which are not unusual; and MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT May 24,2023 SAINT LUCIE COUNTY BOA Resolution No.2023-004 File No.VAR-2301-00002 FILE# 5217558 07/17/2023 08.55:13 AM Page 1 OR BOOK 5017 PAGE 353-356 Doc Type:RESO RECORDING: $35.50 c. The variance requested is not the minimum variance that will make possible the reasonable use of the land and structures, because the petitioner can make reasonable use without a variance. The requested after-the-fact variances have met the standards of review as set forth in Section 10.01.02, St. Lucie County Land Development Code and are not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan, because: a. The granting of the requested variances arises from a condition that is unique and peculiar to the land as the home was permitted and inspected by the St. Lucie County Building Division in 2002 and approved to be constructed in its present size and location. b. The granting of the requested variances 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 is in-line with neighboring single- family homes. c. The granting of the requested variances is the minimum necessary that will make reasonable use of the land and building. d. The requested variances meet 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. Petition of Casey and Marilyn Suarez requesting 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 15-foot rear yard (setback) by 7.4 feet, providing a 7.6-foot rear yard (setback), for the property depicted on Exhibit "A" and described below, as shown on the boundary survey created by Michael T. Owen, submitted to the Planning and Development Services Department and date stamped on February 27, 2003. B. Based on the evidence presented, the requested screen enclosure variance described in Paragraph A is denied as stated above. C. Petition of Casey and Marilyn Suarez requesting two after-the-fact variances allowing an existing single-family home to exceed the maximum lot coverage by 2%, providing a 32% lot coverage by buildings, and to allow for a reduction in distance between the driveway and the side property line from the required 5 feet to 1.8 feet, for the property depicted on Exhibit "A" and described below, as shown on the boundary survey created by Michael T. Owen, submitted to the Planning and Development Services Department and date stamped on February 27, 2003, subject to the following conditions: May 24,2023 BOA Resolution No.2023-004 File No.VAR-2301-00002 Page 2 1) Should the driveway be replaced in the future, the design shall be sloped in a manner that routes stormwater to the south, to the interior of the lot, avoiding run-off to the adjacent lot. D. Based on the evidence presented, the requested after-the-fact variances variance described in Paragraph C are approved as stated above. E. The petition site is described and located as follows: Legal: QUEENS COVE-UNIT THREE- BLK-25 LOT 5 Address: 115 Queens Road, Hutchinson Island, FL 34949 Parcel Identification Number: 1423-602-0005-000-5 F. 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. G. This Order shall be recorded in the public records of St. Lucie County. PASSED AND DULY ADOPTED this 24th day of May 2023. B 'RD.OF A 4USTMENT ATTEST: 9O , RIDA (-,--ZO—277 ecretary; Date special Magistrate APPROVED AS TO FORM • AND CORRECTNESS: Clerk Filing Date 6 County Attorney May 24, 2023 BOA Resolution No.2023-004 File No.VAR-2301-00002 Page 3 ,t ,I• c) cu 0 0) (77) a) EN CI_ 0 (N1 0 Z - .._ C BOUNDARY & TOPOGRAPHIC SURVEY .2 -5 FOR CASEY SUAREZ 4 1110.4 SITE 0 (,) : ,.........„...,- •<Ca) .... 1 co 4 waNrry NIAI' r; i. SYMBOL&ABBREVIATION tecolock . ...... mo,.c...ul :' :4,^ ; .;';'..« ; ..... - "" W° —`" • i ii N it zE ): . -- a :-.:.• - r =2 -.• ;it: .- ,. z L:.. 7 < P, ft 4.1H1 -:,11. ISPSM 13,111 ...-' .".."“ • Ir•*. .i 316.47i' -... r,...•... !" c:4;4' :'" 'tiv;P.V. ....... ,.' '••••••%.,•• • ..•••.' .."' . ' ''.• ..' a-•-- - Ai-u.. 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