HomeMy WebLinkAbout24-005 - BOA BOARD OF ADJUSTMENT
RESOLUTION NO. 2024-005
File No.: VAR-2404-000045
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. Susanne Patterson petitioned for a Variance to reduce the front yard setback from 15
feet to 14.14 feet, for property within the RS-4 (Residential, Single-Family — 4 du/ac)
Zoning District and described in Part A.
2. On August 28, 2024, this Board held a public hearing on the petition, after publishing a
notice of such hearing in the St. Lucie News Tribune, 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 permit application was initially denied because the wrong setback was applied. The
permit drawing submitted by applicant reflected the intent to meet the correct setback.
There was no notice or knowledge on the part of applicant that the fence location
violated the setback. The variance could have been granted administratively if the
request related to the primary structure and not a fence. Moreover, applicant and staff
advise that the permit has now been approved after inspection.
Under the circumstances, an after-the fact variance as to the as-built location is
appropriate.
Additionally, 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. Based on the testimony given and the evidence presented, the proposed
variance into the front yard setback would not impair or injure other properties in
the neighborhood; and,
b. The variance requested is the minimum variance that will make possible the
reasonable use of the existing structure.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
•
File No. VAR-2404-000045 BOA Resolution No. 2024-005
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT a Page 1
SAINT LUCIE COUNTY
FILE# 5394583 10/07/2024 01:42.40 PM
OR BOOK 5216 PAGE 2844-2846 Doc Type:RESO
RECORDING: $27.00
A. The Petition of Susanne Patterson seeks a Variance to reduce the 15-foot front setback
to 14.14 feet, within the RS-4 (Residential, Single-Family — 4 du/ac) Zoning District, for
the property depicted on the attached aerial map as Exhibit "A" and more specifically
described as follows:
Legal: QUEENS COVE-UNIT 1- BLK 9 LOT L (OR 3821-340)
CONTAINING 11,835 SQUARE FEET OR 0.27 ACRES, MORE OR LESS
Address: 127 Queen Christina Court, Fort Pierce, FL 34949
Parcel ID Number: 1414-701-0082-000-4
B. Based on the evidence presented, including but not limited to the testimony presented,
staff comments, and exhibits, this variance request to reduce the front setback from 15
feet to 14.14 feet, within the RS-4 (Residential, Single-Family — 4 du/ac) Zoning District
is approved; provided, however, that should the fence be destroyed by more than 50%
of its value, it shall be reconstructed to meet the 15-foot (or then current) front setback.
C. This Resolution 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 Resolution shall be recorded in the public records of St. Lucie County.
After staff's presentation and the testimony, the variance was approved by the Board of
Adjustment (Special Magistrate) as contained herein.
PASSED AND DULY ADOPTED this 28th day of August, 2024.
ARD F A USTMENT
ATTEST: S . L I NTY, FLORIDA
1/ /ay
'Secretary Date Special Ma ist ate
APPROVED TO FORM
AND CORRECTNESS:
/t /a1
Clerk Date
Asst. County Attorney
File No. VAR-2404-000045 BOA Resolution No. 2024-005
Page 2
Exhibit A
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File No. VAR-2404-000045 BOA Resolution No. 2024-005
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