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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 Exhibit A-1 Survey Overall i. ,:\ --t a as a S a.000°P° . r qqqq "rriiA i $ �d IPC a"ao3al1B®3c.7'18 ?."t5 i,7IfP.Eo em O 4' p. $ �Q�yg't � p�� ES yRf { p �y1 A m �' q9 4 F —4 Z �s11iya x! alif OBE A S i i 11P511&1IL/ ig1A1i1 i1 O Ni' alb to b az"+�v adQ� ��� 's v '�pE3}�1 n� �s 8 3° . a v VVV d� F �a�� ; q $. _> 14b ri IV q e laP4 i 1 1 1 1 ¢ 1% ad d' i ig ° r,1 � § a• Do deg � � $ � WI o + 14 ifilli3 /I sill al i R C.) ;IV '''' Piibilife iII:ggi IS 414 all gl s11 i y�ONt ZI Ad 1. g353i 304 3 ;IArli' Jrflr 11 Pit \ `; ia54 - ,s il ii,i i 1:I ! l J t IA.11 I I J I lip ihi ,V �o+�+M 1` •_-li `• 7. 4 p 3Fq • ; , ,... nt a a i.` z ii, '• AY -•R 1 • 9 pY5! 7 SY R .y' A l a2 tmiw� p8 ?p� 3j ° a(irry!°.q :F t6+ q ! 4i _ AA 7 Tu.e[ Ita IIFaroStDbu[(wQ6�FdNi 4 i� a e A 3 ;AEI> !: . 44. At. 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