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HomeMy WebLinkAbout24-009 - BOA MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5451317 03/07/2025 12:05:15 PM OR BOOK 5279 PAGE 1901-1903 Doc Type:RESO RECORDING: $27.00 BOARD OF ADJUSTMENT RESOLUTION NO. 2024-009 File No.: VAR-2406-000047 A RESOLUTION CONDITIONALLY 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. Alain Dumont petitioned a Variance to allow a +/-14.25 ft. tall and 89 sq. ft. ground sign to encroach approximately 12 inches into the minimum 18-inch setback from the right-of- way and approximately 6 inches into the clear vision area adjacent to the site's access connection with Midway Road. 2. On November 13, 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, written correspondence from the Florida Department of Transportation, 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 height and size relief sought through the variance petition 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; however, the proposed deviation from the minimum setback and clear vision siting criteria failed to meet the Standards of Review, therefore: a. The dimensional relief requested specific to the sign's height and area is the minimum necessary to allow for the reasonable re-use of the applicant's existing sign (cabinet/display), on the subject property; b. The sign, if retained, shall be relocated elsewhere on-site to a location not in conflict with setback and clear vision requirements, to avoid conflict with drivers' line of sight, and visibility on the subject site, Midway Road, and adjacent private property. c. The Sign Permit should be revised to ensure that the sign will comply with LDC 7.10.24 — Community Architectural Standards, which includes a decorative base for the sign (outside of the stated separation limits). NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: File No. VAR-2406-000047 BOA Resolution No. 2024-009 Page 1 A. Petition of Alain Dumont for a Variance from the provisions of Section 9.01.01E, Permitted Permanent Signs and LDC Section 9.02.01 D, Ground Signs in the CN, Commercial Neighborhood Zoning District of the St. Lucie County Land Development Code, for a +/-14.25 ft. tall and 89 sq. ft. ground sign is accepted, as generally depicted in Exhibit "A", where terms of the siting, architectural and permitting standards are met however the sign is not permitted to encroach approximately 12 inches into the minimum 18-inch setback from the right-of-way and approximately 6 inches into the clear vision area adjacent to the site's access connection with Midway Road, for property specifically described as follows: Legal: WHITE CITY S/D 04 36 40 E 140 FT OF W 355 FT LOT 62-LESS RD R/WS AND LESS S 150 FT AND LESS TO SLC AS IN OR 679-1785- (0.48 AC) (MAP 34/03S) Address: 2455 W. Midway Road, Fort Pierce, FL 34981 Parcel ID Number: 3403-502-0096-020-2 B. Based on the evidence presented, including but not limited to the testimony presented, staff comments, and exhibits, this variance request to allow for a +/-14.25 ft. tall and 89 sq. ft. ground sign to encroach approximately 12 inches into the minimum 18-inch setback from the right-of-way and approximately 6 inches into the clear vision area adjacent to the site's access connection with Midway Road (is denied), with support for relief specific to the sign's height and area, and is the minimum necessary to allow for the reasonable re-use of the applicant's existing sign (cabinet/display) where relocated to comply with applicable setback standards and is enhanced to comply with LDC Section 7.10.24. C. This Order 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 Order shall be recorded in the public records of St. Lucie County. PASSED AND DULY ADOPTED this 13th day of November, 2024. B R OF , 9JUSTMENT ATTEST: . L N , ORIDA Secretary Date ecial Magistr e APPROVED AS 0 FORM AND CORRECTNESS: 2- - Clerk Date 4gfr- AcCounty orn ey File No. VAR-2406-000047 BOA Resolution No. 2024-009 Page 2 Exhibit A "Proposed / Retained Sign" 1 10.a 1 Tj 3 + 4--0.. + 3 0 +T ` b• 6 GUYS PIZZA PIES * 772-241-9181 I I www.6guyap zapies.cam I CALL AHEAD PICK-UP WINDOW IbbaCHINE— — — swmn OutQmi BEFORE 10' NOW 5'4" — z.) \VE;" , • \::;s1L[,?:.; st 11- INSIDE POLE: t 4 t ."t! I 8"DIAMETER THICKNESS DIMENSIONS:INSIDE POLE L@IGTH LONG-LENGTH OUTSIDE POLE:INSIDE DIAMETER W 1.1121 INSIDE POLE OUTSIDE DIAMETER 8' PIZZA SIGN DETAIL 1/4"=1'-0" (Note: sign content not considered as part of the variance) File No. VAR-2406-000047 BOA Resolution No. 2024-009 Page 3