HomeMy WebLinkAbout24-024 PDS ORDER NO. 2024-024
File No. SFRVAR-2401-000017
AN ORDER GRANTING AN ADMINISTRATIVE VARIANCE FOR
PROPERTY LOCATED AT 3705 S. INDIAN RIVER DRIVE
IN ST. LUCIE COUNTY, FLORIDA.
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
application for an administrative variance, including, but not limited to the staff report and made
the following determinations:
1. Petition by Mark and Leslie Shaber for an Administrative Variance from the provisions of
Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements of the St. Lucie
County Land Development Code for a proposed shed/garage addition to encroach up to
2.15 feet into the required minimum 10-foot side yard setback for property located 3705
S. Indian River Drive, Fort Pierce, FL, and further described in Paragraph "B", within the
RE-2, Residential, Estate —2, Zoning District.
2. On February 22, 2024, Planning & Development Services staff notified by mail all owners
of property within 500 feet of the petition site and the applicant installed a sign on the
subject property in accordance with Land Development Code Section 11.00.03.
3. The Administrative Variance provides for a 21.5 percent reduction of the minimum
required side yard (setback), allowing a reduction from 10 feet to 7.85 feet for a
shed/garage structure attached to a previously constructed shed. The encroachment into
the minimum required side yard (setback) is for a length of approximately 48.60 feet,
generally parallel to the side property line, for the proposed shed/garage depicted on the
boundary survey dated September 5, 2023, as shown in Exhibit "A".
4. After consideration of staff's analysis found in a memorandum dated March 21, 2024,
entitled Shed/Garage Addition Administrative Variance SFRVAR-2401-000017, including
exhibits and the standards of review for granting administrative variances set out in Land
Development Code Section 10.01.14.(C.), the Planning & Development Services Director
has made the following determinations:
The requested administrative variance meets the standards of review as set forth in
8 o Section 10.01.14.C. of the St. Lucie County Land Development Code and is not in conflict
0 with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan,
because:
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o° a) There were no objections made from the public in regard to the proposed
° •°' administrative variance;
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N b) The requested encroachment will not have an undue adverse effect on adjacent
Wa property, does not encroach into any easements, common areas, or environmentally
o o N- sensitive areas;
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J J o c) The request does not impair or otherwise injure other property values or improvements
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File No.: SFRVAR-2401-000017 PDS No. 2024-024
March 14, 2024 Page 1
in the area in which the subject property is located; and
d) The request is the minimum variance that will make possible the reasonable use of
the shed, and yard, while avoiding impacts to existing trees, etc.
NOW, THEREFORE, BE IT ORDERED by the Planning & Development Services Director:
A. Pursuant to Section 10.01.14C., LDC, the Shed/Garage Addition Administrative Variance
is hereby approved as described herein. The administrative variance approval provides
the setback variance for the specific footprint and the type of structure shown on the
approved survey; does not reduce or waive any other required setbacks for any future
structures or additions. The variance remains for the type of structure in the specific
footprint in perpetuity and runs with the land.
B. The property on which this approval is being granted is generally described as:
THE NORTH 75 FEET OF THE SOUTH 105 FEET OF GOVERNMENT LOT 4, LYING EAST OF
THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY IN SECTION 26, TOWNSHIP 35
SOUTH, RANGE 40 EAST, LESS RIGHT OF WAY FOR SOUTH INDIAN RIVER DRIVE. ALL
LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA.
PARCEL ID: 2426-413-0007-000-1
C. This Order shall become effective upon the date indicated below. An appeal from the
Planning & Development Services Director's action may be submitted within thirty (30)
days, in accordance with Section 10.01.14.C.9. of the St. Lucie County Land Development
Code.
D. This Order shall be recorded in the Public Records of St. Lucie County.
26
ORDER effective the day of March 2024.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
Benja Balcer, ICP
APPROVED AS TO FORM
AND CORRECTNESS:
BY
County Attorney
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File No.: SFRVAR-2401-000017 PDS No. 2024-024
March 14,2024 Page 2
Exhibit "A"
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File No.: SFRVAR-2401-000017 PDS No. 2024-024
March 14, 2024 Page 3