HomeMy WebLinkAbout24-002 - BOA BOARD OF ADJUSTMENT
RESOLUTION NO. 20.24-002
File No.: VAR-2402-000043
A RESOLUTION APPROVING A VARIANCE TO ALLOW A COVERED PORCH
COLUMN (FORMBOARD AND FOOTERS) TO ENCROACH 0.94 FEET INTO THE
REQUIRED MINIMUM 10-FOOT SIDE YARD (SETBACK), PROVIDING A SIDE YARD
(SETBACK) OF 9.06 FEET, FOR A DUPLEX ON 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. Telco Investments, 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 to
reduce the required 10 ft. side yard (setback) by 0.94 feet for a covered porch column on
Unit A, proposing a 9.06 ft. side yard (setback). The subject property is in the RM-5
(Residential, Multiple-Family - 5) Zoning District.
2. On April 25, 2024, 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 granting of the variance will not impair or injure other property or improvements in
the neighborhood in which the subject property is located.
The variance requested arises from conditions that are unique.and peculiar to the land,
structures, and buildings involved, including the non-standard shape of the property.
The circumstances also support an after-the-fact variance in relation to the column that
was misplaced within the setback. The evidence was that the corners had been checked
before proceeding; and, there was a change in surveyors which could have caused the
discrepancy. On the evidence presented, there was no reason for the petitioner to have
questioned the location of the subject column (formboard and footers).
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. The petition of Telco Investments, LLC, requests a variance from Section 7.04.01 (Table
7-10) — Lot Size and. Dimensional Requirements of the St. Lucie County Land
Development Code to allow for a reduction in the required 10 ft. side yard (setback) by
April 24, 2024 MICHELLE R.MILLER CLERK OF THE CIRCUIT COURT 9SOIUtion No. 2024-002
File No. VAR-2402-00004 SAINT LUCIE COUNTY Page 1
FILE# 540202510/28/2024 04:40:43 PM
DR BOOK 5225 PAGE 1925-1927 Doc Type:RESO
RECORDING: $27.00
0.94 feet for a covered porch column on Unit A, proposing a 9.06 ft. side yard (setback).
for the property depicted on Exhibit "A" and described below, as shown on the boundary
survey created by Roland E. Rollins, dated February 15, 2024, submitted to the Planning
and Development Services Department.
B. Based on the evidence presented, the covered porch column (formboard and footers)
described in Paragraph A is approved/denied as stated above. No other relief is granted
and no additional structure or enclosure is permitted within the setback.
C. The petition site is described and located as follows:
Legal: ALL OF LOT 9, BLOCK 167, LAKEWOOD PARK - UNIT 12A, AS PER PLAT
THEREOF, AS RECORDED IN PLAT BOOK 11, PAGES 37 THROUGH 39, OF
THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
Address: 5309 Winter Garden Pkwy, Unit A, Fort Pierce, FL 34951
Parcel Identification Number: 1301-615-0010-000-8
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 24th day of April 2024.
BO D OF ADJUSTMENT
ATTEST: . U Y, FLORIDA
909/1/ .A 10M/a1-1
Secretary Date pecial Magistra
APPROVED AS TO FORM
974.(1/ AND CORRECTNESS:
Clerk Filing Date
OssL County Attorney
April 24, 2024 BOA Resolution No. 2024-002
File No. VAR-2402-000043 Page 2
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