HomeMy WebLinkAbout26-006 - BOA BOARD OF ADJUSTMENT
RESOLUTION NO. 2026-006
File No.: VAR-2602-000068
A RESOLUTION APPROVING A VARIANCE TO ALLOW A SINGLE-
FAMILY RESIDENCE TO ENCROACH 9.6 FT. INTO THE 10 FT. MINIMUM
FRONT YARD SETBACK FOR A 0.4 FT SETBACK, AND TO ENCROACH
UP TO 1.3 FT. INTO THE 5 FT. MINIMUM SIDE YARD SETBACK FROM
COMMON AREAS FOR A 3.7 FT. SETBACK, FOR PROPERTY LOCATED
AT 5241 LOGGERHEAD PLACE 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 petition of Karl and Margaret Ticknor for a Variance from St. Lucie County Land
Development Code Section 7.10.16.(F.)1., Figure 7-32 & 7.10.16.(Q.)1.a.1.c., seeks a
variance to allow a proposed single-family residence to encroach 9.6 ft. into the ten (10) ft.
minimum front yard (setback)for a 0.4 ft. front setback, and to encroach up to 1.3 ft. into the 5
ft. minimum separation from a common area, for a Recreational Vehicle Park within the HIRD
(Hutchinson Island Residential District) Zoning District.
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 May 27, 2026.
3. After consideration of the testimony presented during the public hearing, including that of the
petitioner, neighbors, 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 granting of the side and front setback variance request will not impair or injure
other property or improvements in the neighborhood in which the subject property is
located nor is it anticipated to directly harm other properties or other improvements in
the area.
b. The setback variance request arises from conditions that are unique and peculiar to
the land or physical surroundings involved. The parcel's rear property line is occupied
with a thick line of mangroves along the Indian River Lagoon. Additionally. the southern
side property line abuts an Ocean Resorts Co-Op common area which includes a
dense landscape buffer that provides additional geographic and vegetative separation
from the Bryn Mawr Ocean Resorts Towers site to the southeast. Additionally, the
front lot line, particularly as it extends south, is well removed from the roadway.
c. Under the circumstances, a reduction of size as required by the setbacks would deny
reasonable use; so, the side and rear setback variance request is the minimum
variance that will make possible the reasonable use of the property and is not contrary
to the general spirit and intent of Saint Lucie County's Land Development Code or the
Comprehensive Plan.
Resolution No. 2026-006
File No. VAR-2602-0 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT Page 1
SAINT LUCIE COUNTY
FILE# 5635457 06/19/2026 08.25:11 AM
OR BOOK 5492 PAGE 1434-1437 Doc Type:RESO
RECORDING: $35.50
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida,
the Petition of Karl and Margaret Ticknor, requesting variance as detailed herein is hereby
approved for the property described in Part A below, as shown on the boundary survey created
by Christopher Henn dated May 11, 2026, submitted to the Planning and Development Services
Department, attached herein as Exhibit"A", subject to the condition that the entry staircase design
be modified to avoid any additional encroachment into the southern setback unless reduced to an
encroachment of 2.5 feet or less, and/or the projecting structure is at grade.
A. The petition site is described and located as follows:
Legal: Ocean Resorts Cooperative Site 376
Address: 5241 Loggerhead Place, Fort Pierce, FL 34949
Parcel Identification Number: 1410-502-0376-000-9
B. 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.
C. This Resolution shall be recorded in the public records of St. Lucie County.
PASSED AND DULY ADOPTED this 27`" day of May 2026.
RD F ADJ STMENT
ATTEST: T. L RIDA
Secretary Date pecial Magistr t
APPROVED AS T FORM
AND CORRECTNESS:
% OA /) /
C}iLO.J�r
Clerk Filing Date County Attorney
BOA Resolution No. 2026-006
File No. VAR-2602-000068 Page 2
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BOA Resolution No. 2026-006
File No. VAR-2602-000068 Page 3
Exhibit A-2
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BOA Resolution No. 2026-006
File No. VAR-2602-000068 Page 4