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Home My WebLink About23-007 - BOA BOARD OF ADJUSTMENT RESOLUTION NO. 2023-007 File No.: VAR-2303-000027 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 Rachael and Terry Tanis for a variance from the provisions of LDC Section 7.04.01. (Table 7-10) — Lot Size and Dimensional Requirements, for an existing covered pole barn and enclosed garage to encroach 19.7 ft. into the required minimum 30 ft. rear yard (setback) and to encroach 7.6 ft. into the required minimum 20 ft. side yard (setback) for property located at 471 Sunrise Drive in the AG-2.5 (Agricultural — 2.5) Zoning District. 2. On June 28, 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 the requested variance arises from conditions that are unique and peculiar to the structure as there is clearly a hardship that is not resulting from the applicant's own making. Neither lack of a permit, nor encroachment into the setback(s), was known by the applicants when they bought the property. Nor, particularly in light of the size and quality of the improvement(s), was there any reason for the applicants to suspect such issues. 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. c. The granting of the requested variance is the minimum necessary that will make reasonable use of the land and buildings. d. The requested variance meets the general spirit and intent of the St. Lucie County Land Development Code and the St. Lucie County Comprehensive Plan. MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5225197 08/03/2023 08:26:21 AM OR June 28,2023 BOOK 5025 PAGE 1173-1176 Doc Type RESO : Resolution No.2023-007 File No.VAR-2303-000027 RECORDING: $35.50 Page 1 NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: A. The petition of Rachael and Terry Tanis for a variance from the provisions of LDC Section 7.04.01. (Table 7-10) — Lot Size and Dimensional Requirements, for an existing covered pole barn and enclosed garage to encroach 19.7 ft. into the required minimum 30 ft. rear yard (setback) and to encroach 7.6 ft. into the required minimum 20 ft. side yard (setback) as depicted on the attached Survey Exhibit as Exhibit "A", for property described in Paragraph B below, subject to the following conditions: 1.) The storage structures shall not be repurposed for a more intense use, such as a guest house or a primary garage with associated driveway. 2.) The homeowners are advised that the single-family home and accessory structure are close to meeting the Maximum Lot Coverage by Buildings of 15% (6,795.36 sq. ft.) for the AG-2.5 (Agricultural — 2.5) Zoning District. Construction of new buildings on the property cannot cause the maximum lot coverage by buildings to exceed 15%. 3.) Within 3 months of the approval of this order, the subject accessory structure, covered pole barn and enclosed garage, must be permitted with the St. Lucie County Building and Code Division. 4.) The structures shall be subject to the provisions of Section 10.00.03 — Nonconforming Structures. B. The property for which the subject variance is sought is described as: Legal: LOTS 51, 52, AND 53, BLOCK B, TROPICAL ACRES, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE(S) 20, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Address: 471 Sunrise Drive, Fort Pierce, FL 34945 Parcel Identification Number: 2308-601-0110-000-0 C. Based on the evidence presented, this variance is approved. 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. June 28,2023 BOA Resolution No. 2023-007 File No.VAR-2303-000027 Page 2 PASSED AND DULY ADOPTED this 28th day of June 2023. BOA '-' OF ADJUSTMENT ATT ST: : '• •r, FLORIDA ecretary Date agistrate I APPROVED AS TO FORM /ger 7 3 AND CORRECTNESS: Jerk Filing Date Asst. Count orney June 28,2023 BOA Resolution No.2023-007 File No.VAR-2303-000027 Page 3 Exhibit A pi,, Ati ipli �+ yilloppo ilpil iw ; i ,Ti.. .„ 0.---pF1 ,3, 0#, N ,c,o,.„ ... „..R,, .,..,,:,, 1 !, I, ,,.. cio,,,,,A .1 I. 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