HomeMy WebLinkAbout23-006 - BOA BOARD OF ADJUSTMENT
RESOLUTION NO. 2023-006
File No.: VAR-2303-000026
A RESOLUTION APPROVING 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:
1. Petition of KOA Development LLC for a variance from the provisions of St. Lucie County
Land Development Code Section 7.05.02 (Streets) to allow a permanent dead-end street
to exceed one thousand (1,000) feet in length. This request seeks to allow a 3,190 linear
foot dead-end street with a cul-de-sac to serve eight (8) lots within a proposed eleven
(11) lot subdivision, to be known as Carlton Estates, within the AG-5 (Agricultural — 5)
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 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 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 this variance arises, in part, from the fact that the applicant's
currently owned property is more than 1,000 feet from Carlton Road so this
permitted use cannot be made without this variance.
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 large lot, single family, subdivision will be in-line with
neighboring single-family homes.
c. The granting of the requested variance is the minimum necessary that will make
reasonable use of the land.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. The petition of KOA Development LLC for a variance to allow a permanent dead-end
street to exceed one thousand (1,000) feet in length, on the attached Site Plan as Exhibit
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
May 24,2023 SAINT LUCIE COUNTY BOA Resolution No.2023-006
File No. VAR-2303-000026 FILE# 5217560 07/17/2023 08:55:13 AM
OR BOOK 5017 PAGE 361-365 Doc Type:RESO Page 1
RECORDING: $44.00
"A" is hereby approved as shown on the drawing prepared by McCarty & Associates
Land Planning & Design, LLC, dated May 23, 2023, and more specifically described as
follows, subject to the following condition:
1. The location of the proposed cul-de-sac shall shift south to reduce the length
of the 3,190 linear foot dead-end street as as much as practical, while still
following good engineering practice and providing access to the northern two
lots. The permanent dead-end street is approved to exceed one thousand
(1,000) feet in length, with the condition that the cul-de-sac is moved to
minimum point necessary, decreasing the length of the street.
2. The variance granted shall only be effective for implementing the subject
subdivision as currently designed.
Legal Description:
PARCEL 1:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 3, TOWNSHIP 37 SOUTH, RANGE 38 EAST, ST.
LUCIE COUNTY FLORIDA, LESS AND EXCEPT THE WEST 100 FEET FOR
PUBLIC ROADS AND DRAINAGE.
CONTAINING 910,645 SQUARE FEET OR 20.9055 ACRES, MORE OR LESS.
TOGETHER WITH:
PARCEL 2:
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION
3, TOWNSHIP 37 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA.
CONTAINING 1,969,372 SQUARE FEET OR 45.2105 ACRES, MORE OR
LESS. CONTAINING IN ALL 2,880,018 SQUARE FEET OR 66.116 ACRES,
MORE OR LESS.
Address: 9480 Carlton Road, Port St. Lucie, FL 34987
Parcel Identification Numbers: 4203-223-0001-000-7 & 4203-211-0001-000-0
B. Based on the evidence presented, this variance is approved.
C. This variance shall expire twelve months (12) 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 following the
rendition of the decision of this order in accordance with Section 10.01.07, of the St.
Lucie County Land Development Code.
E. This Order shall be recorded in the public records of St. Lucie County.
May 24,2023 BOA Resolution No.2023-006
File No. VAR-2303-000026 Page 2
May 24,2023 BOA Resolution No.2023-006
File No. VAR-2303-000026 Page 3
PASSED AND DULY ADOPTED this 24nd day of May 2023.
BOARD OF ADJUSTMENT
ATTEST: S . U E COUNTY, FLORIDA
-/
1 -27
Secretary Date Magistrate
APPROVED AS TO FORM
^ , �, AND CORRECTNESS:
Clerk fling Date
Asst. County Attorney
May 24,2023 BOA Resolution No.2023-006
File No. VAR-2303-000026 Page 4
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Exhibit A
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Note: The Condition of Approval will cause the final cul-de-sac location to shift south to the
minimum point necessary, decreasing the length of the street.
May 24, 2023 BOA Resolution No.2023-006
File No. VAR-2303-000026 Page 5