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Home My WebLink About26-004 - BOA • MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5621470 05/15/2026 0314607 4 PM OR BOOK 5475 PAGE 1596 1600 Doc Type:RESO RECORDING: $44.00 BOARD OF ADJUSTMENT RESOLUTION NO. 2026-004 File No.: VAR-2601-000067 A RESOLUTION APPROVING A VARIANCE TO ALLOW AN EXISTING DETACHED CMU STRUCTURE TO ENCROACH 14.9 FT. INTO THE 15 FT. MINIMUM REAR YARD SETBACK FOR AN OVERALL SETBACK OF 0.1 FT., AND TO ENCROACH 7.1 FT. INTO THE 10 FT. MINIMUM SIDE YARD SETBACK FOR AN OVERALL SETBACK OF 2.9 FT. ADDITIONALLY, TO ALLOW AN EXISTING WOODEN SHED TO ENCROACH 12.4 FT. INTO THE 15 FT. MINIMUM REAR YARD SETBACK FOR AN OVERALL SETACK OF 2.6 FT., 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. Gregory King & Brenise Barclay-King petitioned for a variance to allow deviations from the following sections of the St. Lucie County Land Development Code, Section 7.04.01 (Table 7-10) - Lot Size and Dimensional Requirements for an existing (unpermitted) detached CMU structure to encroach 14.9 ft. into the required 15-foot rear yard setback (providing a rear setback of 0.1 feet), and to encroach 7.1 ft. into the required 10-foot side setback (providing a side setback of 2.9 feet). Additionally, for an existing (unpermitted) wooden shed to encroach 12.4 ft. into the required 15-foot rear yard setback (providing a rear yard setback of 2.6 feet) for property located at 701 Brack Rd. within the RS-3 Residential, Single Family-3 Zoning District, as described IN paragraph B below. 2. After publication of a notice of such hearing, installation of a sign on the property, and notification by mail to all owners of property within 500 feet of the subject property, this Board held a public hearing on March 25, 2026. 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: a. The variance requested arises from a condition that is unique and peculiar to the land, structures and buildings involved and an issue of which the current property owners were without notice or knowledge. b. Given the property owners' testimony that the structures are not moveable and would have to be destroyed, it would create a hardship, not a mere inconvenience, to enforce the setbacks at this time. BOA Resolution No. 2026-004 File No. VAR-2601-000067 Page 1 c. The condition to be remedied by the variance arises out of the application of the code to a situation which was not created through any fault on part of the property owner. d. Granting the variance, on the conditions incorporated below, will not impair or injure other property or improvements in the neighborhood or endanger public safety. e. The variance requested is not the minimum variance necessary to make reasonable use of the land;however, in the circumstances presented, it is the minimum variance necessary to make reasonable use of the buildings or structures involved. f. The variance requested is not opposed to the general spirit and intent of the Code or the Comprehensive Plan. g. Based on the evidence presented, the current owners did not remove the vegetation that had been questioned, so this variance is not conditioned on addressing that issue. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: A. Gregory King & Brenise Barclay-King, requesting variance from Section 7.04.01 (Table 7-10) — Lot Size and Dimensional Requirements of the St. Lucie County Land Development Code to allow an existing (unpermitted) detached CMU structure to encroach 14.9 ft. into the required 15-foot rear yard setback (providing a rear setback of 0.1 feet), and to encroach 7.1 ft. into the required 10-foot side setback (providing a side setback of 2.9 feet). Additionally, for an existing (unpermitted)wooden shed to encroach 12.4 ft. into the required 15-foot rear yard setback (providing a rear yard setback of 2.6 feet), for the property described in Part B below, and as depicted on the boundary survey created by NexGen Surveying, a Florida Licensed Surveyor and Mapper, dated May 29, 2024, attached herein as Exhibit "A" is approved as subject to the following conditions: 1. Exterior lighting on the sides of the structures which face adjacent property, or lighting that is directed toward adjacent property, is prohibited, and 2. No living or residential use, including any overnight lodging, is permitted in these accessory structures. B. The petition site is described and located as follows: Legal: LOTS 16 AND 17, BLOCK B, HUNT SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE(S) 47, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Address: 701 Brack Rd. Ft Pierce, 34982 Parcel Identification Number: 3403-701-0043-000-1 BOA Resolution No. 2026-004 File No. VAR-2601-000067 Page 2 C. This Resolution 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 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 25t'' day of March 2026. B• -D OF A •JUrTMENT ATTEST: UC = ' 0,1k r , FLORIDA Ar Secretary Date Special Magistr1 APPROVED AS TO ORM AND CORRECTNESS: Clerk Filing DateCount‘ry BOA Resolution No. 2026-004 File No. VAR-2601-000067 Page 3 Exhibit A Survey 701 BRACK ROAD,FORT PIERCE,FL.34982 t4ELL TO HOUSE:2t WELL TO THE SOUTH BOUNDARY LINE:I T# WELL TO THE WEST BOUNDARY LINE;2'# STREET(PLAT) BRACK ROAD(FIELD) N — 4 — fit' l.t ASPHALT ROADWAY 6Nit r..�. 4.•` a 50'RIGHT-CF-WAY 4 AERULFhUTd(T7AFff SAE.i•-;L: - DRP1EWAY pn*,rsA�L� 771,5asPt \ ( _wo.00t(D} .BLCCf FOUND v } I ' :. k.. 4uND ire' Twor) *RENE CORNER IRON ROD f': 4 Rork'ROD CORNER AT LOT 1 1.0'5 o 2 OF LOT19 BLOCK'A" m ( BLOCK"B' acci FOUND UT IRON ROD DRIVEV1AY .0 t79' , 19.7' FENCE _.�._.,- - r FENCE/ FENCE! = LOT 16 LOT 17 LDT 15 1sw FENCE m BLOCK'8" ELOCit"B" LOT t8 BLOCK 8" ONLINE € RESIDENCE -. L�' #701 i. . p BLOCK"B" 2 a 17.8' . . g_- 197' . .!q, m F. 1,1 /'O'LLL�r 3 J .4 18.0' 71_, 1rr 4 FENCE' FENCE g 2.3. 9O'BUS t S 1 . 0.8111 €� i Olf N SE71a'2'IRO FENC F. I 100.0 MIL-FENCE SET t12'IRON ROD AND CAP 0.2'w a FENCE y6 . ^' 1.17 N ROD AND CAP LOT 32 LOT 35 "NEXGEN 8111" 0-3'N, 8s 09 5 LOT a4 ill. 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