HomeMy WebLinkAbout23-008 - BOA BOARD OF ADJUSTMENT
RESOLUTION NO. 2023-008
File No.: VAR-2306-000030
A RESOLUTION DENYING A VARIANCE FOR A PREVIOUSLY
CONSTRUCTED 8 FT. FENCE IN THE SIDE AND REAR
YARDS OF 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. Jesse Poirier petitioned a variance from Section 8.00.04.(A.) — Fences, Walls and
Hedges of the St. Lucie County Land Development Code to allow for an 8 ft. tall fence to
be permitted (after the fact) on the north, east, and south sides of the property, for
property located at 7203 Cabana Ln., in the RS-4 (Residential, Single-Family — 4)
Zoning District.
2. On August 30, 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 an 8 ft. tall fence 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 for a previously constructed 8 ft. fence does not result from a hardship
created by the property; and
b. The variance requested does not arise from a condition that is unique and
peculiar to the land involved and is not created by the conditions of this Code, but
rather arises from the actions of the property owner or applicant; and
c. The variance requested is not a result of a hardship created by the property; the
petitioner's property is uniform and similar in size and shape to surrounding
residential properties.
MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5254406 10/12/2023 01:13:11 PM
OR BOOK 5057 PAGE 200-202 Doc Type:RESO/DEED
RECORDING: $27.00
August 30,2023 BOA Resolution No.2023-008
File No.VAR-2306-000030 Page 1
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. The petition of Jesse Poirier requests a variance from Section 8.00.04.(A.) - Fences,
Walls and Hedges of the St. Lucie County Land Development Code to allow for an 8 ft.
tall fence to be permitted (after the fact) on the north, east, and south sides of the
property, for the property depicted on the attached aerial map as Exhibit "A" and more
specifically described as follows:
Legal: LAKEWOOD PARK-UNIT 11- BLK 150 LOT 25 (MAP 13/12)
Address: 7203 Cabana Ln., Fort Pierce, FL 34951
Parcel ID Number: 1301-613-0324-000-6
B. Based on the evidence presented, including but not limited to the testimony presented,
staff comments, and exhibits, this variance request to allow for an 8 ft. tall fence to be
permitted (after the fact) on the north, east, and south sides of the property, within the
RS-4 (Residential, Single-Family -4 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 30th day of August 2023.
BO Dp , A USTMENT
AT EST: L • NTY, FLORIDA
,��'...z P/Z Z3
Secretary Date Special Magist e
ZAPPROVED AS TO FORM
---- /6/1/Z. AND CORRECTNESS:
lerk Filing Date
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.4 tCounty Attor ey
August 30,2023 BOA Resolution No.2023-008
File No.VAR-2306-000030 Page 2
Exhibit A
Jesse Poirier Variance
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Map prepared 877/2023
August 30,2023 BOA Resolution No.2023-008
File No.VAR-2306-000030 Page 3