HomeMy WebLinkAbout23-010 - BOA BOARD OF ADJUSTMENT
RESOLUTION NO. 2023-010
File No.: VAR-2308-000034
A RESOLUTION APPROVING A VARIANCE TO ALLOW A PREVIOUSLY
CONSTRUCTED BRIDGE CRANE (FORMBOARD AND FOOTERS) TO ENCROACH
9 AND 1/8 IN. INTO THE REQUIRED MINIMUM 25-FOOT FRONT YARD (SETBACK),
PROVIDING A FRONT YARD (SETBACK) OF 24 FEET, 2 7/8 INCHES OR 24.24
FEET 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. Edel Ortega of Fierce Construction, LLC, on behalf of Terra Property Acquisitions, LLC
petitioned a variance from Section 7.04.01 (Table 7-10) - Lot Size and Dimensional
Requirements of the St. Lucie County Land Development Code for a previously
constructed bridge crane to encroach 9 and 1/8 inches into the 25 ft. front yard
(setback). The subject property is in the IL (Industrial Light) Zoning District.
2. On October 25, 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:
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 does not result from the
applicant's own making. The previously constructed bridge crane (formboard and
footers) was constructed in good faith and the encroachment of the wall into the front
yard (setback) was unknown, and not reasonably foreseeable, to the contractors at
the time of construction.
b. The granted 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida: '
MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5283401 12/29/2023 10:13:19 AM
DR BOOK 5089 PAGE 687-689 Doc Type:RESO
RECORDING: $27.00
October 25,2023 ' BOA Resolution No.2023-010
File No.VAR-2308-000034' Page 1
A. The petition of Edel Ortega of Fierce Construction, LLC, on behalf of Terra Property
Acquisitions, LLC, requesting a variance from Section 7.04.01 (Table 7-10) — Lot Size
and Dimensional Requirements of the St. Lucie County Land Development Code seeks
a reduction in the required 25-foot front yard (setback) by 9 and 1/8 inches, providing a
24-foot and 2 and 7/8 inch front 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
June 16, 2023.
B. Based on the evidence presented, the requested variance for the specific purpose of
permitting a bridge crane (formboard and footers) described in Paragraph A is approved
as stated above.
C. The petition site is described and located as follows:
Legal: LOT 22, BLOCK B OF KINGS HIGHWAY INDUSTRIAL PARK UNIT TWO,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 32,
PAGE(S) 5 AND 5A, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA. CONTAINING 1. 38 ACRES, MORE OR LESS.
Address: 7397 Commercial Circle, Fort Pierce, FL 34951
Parcel Identification Number: 1335-802-0044-000-4
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.
PASSED AND DULY ADOPTED this 25th day of October 2023.
ATTEST,
Secretary
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Date
a-Le,-Z--3
OF ADJUSTMENT
�9'CQUNTY, FLORIDA
Special Mag
APPROVED AS TO FORM
AND CORRECTNESS:
Clerk Filing Date
,�O-County Aftbrney
October 25, 2023 BOA Resolution No. 2023-010
File No, VAR-2308-000034 Page 2
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October 25, 2023 BOA Resolution No. 2023-010
File No. VAR-2308-000034 Page 3