The URL can be used to link to this page

Home My WebLink About25-001 - BOA MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5451316 03/07/2025 12:05:15 PM OR BOOK 5279 PAGE 1897-1900 Doc Type:RESO RECORDING: $35.50 BOARD OF ADJUSTMENT RESOLUTION NO. 2025-01 File No.: VAR-2407-000049 A RESOLUTION DENYING A VARIANCE 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. The St. Lucie County Land Development Code (LDC) Table 7-10 in Section 7.04.01., Lot Size and Dimensional Requirements, requires lots in the AG-5 (Agricultural-5) Zoning District to have minimum road frontage of 60 feet. 2. As defined in LDC 2.00.00., frontage is "[t]he length of a lot that fronts on a public street or that fronts on a private street having been constructed in conformance with the St. Lucie County Standard Specifications for Public Works Construction." 3. Marburger Ranch, LLC, the property owner, and Mike's Organic Topsoil, an enterprise pursuing authorizations to engage in the recycling of vegetative debris (also called yard trash) into topsoil, petitioned for a variance to eliminate the entire frontage requirement for a +/-101.6-acre parcel in the AG-5 Zoning District which has no frontage. 4. The subject +/-101.6-acre parcel is located between Range Line Road and Glades Cut- Off Road with the southern boundary of the property being the South Florida Water Management District's C-23 Canal, which Canal is the boundary between St. Lucie County and Martin County. More specifically, the subject parcel is approximately three miles west of Range Line Road. 5. The subject parcel has access to the public street network (Range Line Road) via an easement dated January 30, 1968 (O.R. Book 170, Pages 1346 through 1350). The easement created "rights of way and utility easements to provide access for all parties to their respective properties" and granted and conveyed to all parties and their successors and assigns a "perpetual non-exclusive easement for constructing, using, maintaining and operating a road for traffic purposes. . . upon the following described property, to- wit: a strip of land fifty feet (50') in width running parallel and adjacent to the North right- of-way line of Canal C-23 extending East/West over Section 36, Township 37 South, Range 38 East." 6. On December 18, 2024, after a notice of public hearing was published in the local newspaper, a sign was installed on the property, and all owners of real property within 500 feet of the subject property were notified by mail, the Board of Adjustment held a public hearing on the petition. 7. Sworn testimony on behalf of the Applicant was provided by Anthony Bordinger, an employee of Mike's Organic Topsoil. 8. The City of Port St. Lucie, an owner of land adjoining the subject property was represented at the public hearing by Elizabeth Hertz, Senior Deputy City Attorney for the City of Port St. Lucie. Sworn testimony was provided by Kevin Matyjaszek, Director of the City of Port St. Lucie Utilities Systems, and by Diana Spriggs, Assistant Director of the Public Works Department for the City of Port St. Lucie. 9. Mr. Matyjaszek testified that the City of Port St. Lucie has invested millions of dollars in acquiring the nearby land and that the purpose of that acquisition was to provide a future source of drinking water. He further explained that pumping stations pull excess fresh water from the C-23 Canal and store it in impoundments. In addition to providing a future source of drinking water the City's action reduces what would otherwise be harmful discharges to the North Fork of the St. Lucie River. 10. Mr. Matyjaszek explained that the use of the unimproved road by diesel trucks creates environmental concern about the quality of the stormwater run-off and that improved access creates security concerns about unauthorized access and vandalism. 11. Additional factual assertions made by Mr. Matyjaszek included that the City has preliminary data showing in some instances 300 to 400 trips per day on the dirt road within the easement, that the vehicles being driven within the easement require a CDL (commercial driver license), and that speeding is an issue. 12. Mr. Bordinger testified that he believed the highest number of trucks received at the site on a single day was 91, that the facility is not open to the public, and that the enterprise has 10 to 15 employees working there. 13. Ms. Spriggs testified as to concern that the existing dirt road is not a two-lane facility, and therefore two-way traffic by trucks creates concerns about safety for users of the road. 14. The City of Port St. Lucie also submitted written comment regarding the petition for the variance prepared by Carly A. Fabien, Deputy City Attorney, dated December 13, 2024, which comment is included in the record of the public hearing. 15. County staff did advise Applicant, prior to Applicant buying the subject parcel, that the parcel was non-conforming due to lack of road frontage and might not qualify for a Conditional Use Permit. 16. Based on the evidence presented, including but not limited to the testimony presented at the public hearing by county staff, the Applicant, and the City of Port St. Lucie, which is an owner of an adjacent parcel and other parcels within 500 feet of the subject property; 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: (1) The variance request does not arise from a condition that is unique and peculiar to the land, structures and buildings involved. Lack of frontage is a common condition in the AG-5 Zoning District. Therefore, the requested variance does not meet the standards of review as set forth in Section 10.01.02. and denial of the variance is required. Page 2 of 4 (2) Given this finding of the lack of unique and peculiar conditions of the land resulting in the need for the variance, the Board of Adjustment need not determine whether granting of the variance will impair, injure, or threaten to impair or injure other property in the vicinity of the subject property. (3) Additionally, it is noted that LDC Section 10.01.03.A.1.b. permits a variance to be approved for a parcel of ten acres or more in the AG-1, AG-2.5 or AG-5 Zoning Districts to have less than sixty (60) feet of road frontage, but it does not permit the grant of a variance to allow no road frontage. (4) Finally, no ruling is needed or made on the disagreement between the Applicant and the City of Port St. Lucie regarding the Applicant's use of the easement and whether such use is consistent with the easement or exceeds reasonably anticipated use. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: A. The petition of Marburger Ranch, LLC. and Mike's Organic Topsoil for a variance from LDC Section 7.04.01. and Table 7-10 regarding frontage requirements in the AG-5 (Agricultural-5) Zoning District, is denied. B. Parcel Identification Number: 4233-133-0001-000-4. The survey of the subject property is attached as Exhibit "A." C. This Order shall become effective on 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 this Resolution 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. PASSED AND DULY ADOPTED this �� day of 2025. BeARP OF AB USTMENT ATTEST: . NTY FLORIDA c ��• � vo_ 2)26 / 2O2 Secretary Date Richard Neill, Z q. Special Magistr.te - . • � � 2I2( 2 APPROVED AS TO FORM Clerk Filing Date AND CORRECTNESS: Asst. County Attorney Page 3 of 4 Exhibit A Survey .- -- - - __ -_ - - j I !: ir111111111111;1111111141111111111ii 4 •*11 NI Itili 1 i -" Ill III 11511; 1 I il 1 1 1 1 II i I 11 I' III 1 I I Ii I it i ;..\I I I1'! i / N- 1 0 I ix it 1 a 7 ! i 1 1 ti : I1 II AL 4 a 1 11 + 1 I I 0114 II II 111 .� t — — __ t Fc .1 ' di ii i' H € n 14 f V IN 11 . Al ¢ it 441 1,.it Is s Iift d g glig J31; il , Tv gougei , , q0 it It g 2ce x Ip a. t�+6 41,111/01110CNISIDA0 ARNOLD OURVIMINS.MC. -I I A . , ......r , ua�— _ulww_ •q 1 ¢ -fie" °� ..R .. .o. inwa 1111111111401 PAR imameime APProval Ordor No t 1.LULL-, - 2025-01 D' .., El APPROVED m DISAPPROVED Page 4 of 4 APPROVED W/ COND RIONS BY Szedmayed AO DATE:2r1di2025 PROJECT MANAGER