Loading...
HomeMy WebLinkAbout25-003 - BOA MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5489297 06/05/2025 09:41:31 AM OR BOOK 5322 PAGE 2068-2071 Doc Type:RESO RECORDING: $35.50 BOARD OF ADJUSI MIN I RESOLUTION NO. 2025-003 File No.: VAR-2501-000058 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. Petition of Fernand Labonte for a Variance from Land Development Code Section 8.00.02.(A.) Dimension and Location Regulations, for Accessory Uses and Structures, to allow a 40ft. x 50ft. (2000 sq. ft.) non-commercial garage to exceed the height of the home by 3ft., where located in front of the home. The proposed garage is 19 ft. tall. The property is located at 3762 Edwards Road in the RS-3 (Residential, Single-Family — 3) Zoning District. 2. On March 26, 2025, 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 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 partly arises from conditions that are unique and peculiar to the land or physical surroundings as defined in the St. Lucie County Land Development Code. With standard residential lots (i.e. under a half acre), the location, scale and appearance of accessory structures warrant attention and minimum criteria. b. Ordinance 2024-3 integrated the allowance in LDC Section 8.00.02 C. for a non- commercial garage, like as proposed, to exceed the height of the primary structure where: 1) limited to twenty(20) feet in height; and 2) located a minimum of five (5) feet behind the front facade of the primary structure. c. The proposal meets the height standard, however when considering the southern property line as the "front" given it's closest to Edwards Road, and the entry File No. VAR-2501-000058 BOA Resolution No. 2025-003 Page 1 drive, relief is necessary. The parcel is, however, unique as to its size, absence of frontage on a public or private road, distance from Edwards Road and the heavy tree vegetation. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: A. Petition of Fernand Labonte for a Variance from Land Development Code Section 8.00.02.(A.) Dimension and Location Regulations, for Accessory Uses and Structures, to allow a 40ft. x 50ft. (2000 sq. ft.) non-commercial garage to exceed the height of the home by 3ft., where located in front of the home. The proposed garage is 19 ft. tall. The property is located at 3762 Edwards Road in the RS-3 (Residential, Single-Family - 3) Zoning District as depicted on the attached Aerial Map as Exhibit "A" and more specifically described as follows: Legal Description: 29 35 40 N 660 FT OF E 330 FT OF E 1/2 OF NW 1/4 OF NW 1/4- LESS N 92 FT FOR CANAL R/W(4.30 AC) (OR 727-1340: 1734-2455) Address: 3762 Edwards Rd, Fort Pierce, FL 34981 Parcel ID Number: 2429-221-0002-000-6 B. Based on the evidence presented, including but not limited to the testimony presented, staff comments, and exhibits, this variance request is approved to allow for a detached (non-commercial) garage on the property, nominally taller than the four-decade old home, in a location remote from adjacent streets and rights-of-way, with support for relief specific to the height and area, and is the minimum necessary to allow for the reasonable use of a property this large - particularly when compared to standard or average lot sizes in the same Zoning District. 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 26th day of March, 2025. B STM 1� ATTEST: T Y, FLORIDA S-Z�-2oZ> Secretary Date pecial Magistrat File No. VAR-2501-000058 BOA Resolution No. 2025-003 Page 2 APPROVED AS TO FORM AND CORRECTNESS: r4 :-g0 2� Clerk Date / :;k) ""-- aunty Attorn y File No. VAR-2501-000058 BOA Resolution No. 2025-003 Page 3 Exhibit A "Labonte Garage Variance" -- �� ei '-_` 1, '--i ----- - '"� � OOpe. / , J * . . 1 f 1 1 / f 1 1 J , Labonte Residence f ` . til �1 I 1 ti s.7P' ..7 . 4+ #a„ o, .. - � •f 1 �i.>ij, „ L K' - :.• _. _ I t• 1 . gyp, •• . r�, �i=`7.. • 4, 11 joir; jik. Driveway to Edwards Rd. , ,,,,100.s it .‘,•., f nk''' • T.r O :7 kt 4/- ` ._ Prope �J ine' _ � File No. VAR-2501-000058 BOA Resolution No. 2025-003 Page 4