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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 r Exhibit A 1. „,, , . ,n•,;,.:„..,„ ,. • __ .._ ..,. i r et ,, 1 ti i111 I 1 I I . P e iq I I ,ii 1 i1 I I I !* ;lie;i�'I I,„�' 6 • !1;ii`, Ili i;1ii iii I I j i 11i� 0y �- — .i t,i' e►b I I' ji! I � I I a, i i ,,m1 i ii, / 11 , sc, I m j j i iii^`iiiiiiia. M. 4 w ' t1 1 1 j 11 j o I I 1 * _..—_l—_--__—L_—._—.._1..� N 3411111. :it ii t:It I I I t i1 1 I I I 1 I I I I ; 1 I I E .1-- L--------L-------i-- — -_. _ : li .:..1 s. �' Carlton Estates '��` iiiiv Sl.Woe County.Fonda f! 45 ) -� Variance Exhibit it . r z `f�1 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