Loading...
HomeMy WebLinkAbout26-009 - BOA MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5669742 09/16/2026 04.38:14 PM OR BOOK 5531 PAGE 2140-2143 Doc Type RESO RECORDING. $35.50 BOARD OF ADJUSTMENT RESOLUTION NO. 2026-009 File No.: VAR-2608-000074 A RESOLUTION APPROVING A VARIANCE TO ALLOW A DETACHED GARAGE TO ENCROACH 3.21 FT. INTO THE 10 FT. MINIMUM SIDE YARD SETBACK FOR AN OVERALL SETBACK OF 6.79 FT., WHILE DENYING A VARIANCE FOR THE SAME GARAGE TO ENCROACH 2.61 FT. INTO THE 15 FT. MINIMUM REAR YARD SETBACK 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. Michael and Debra Matos petitioned for a variance to allow deviations of certain sections of the of the St. Lucie County Land Development Code, Section 7.04.01 (Table 7-10) - Lot Size and Dimensional Requirements for a proposed detached garage to encroach 3.21 feet into the required minimum 10 ft. side yard setback, providing a side setback of 6.79 feet and to encroach 2.61 feet into the required 15-foot rear yard setback (providing a rear setback of 12.39 feet, within the RS-3, Residential, Single-family-3 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 August 26, 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: The petitioner can make reasonable use of the property and erect the desired structure without relief from the required 15-ft rear setback. Accordingly, as to the rear setback, there is no hardship and the requested relief cannot be said to be the minimum variance necessary. In light of the location of the existing structures on the property, including the septic and drain field, it would be a hardship to place the structure anywhere on the property other than the general area proposed and, because of the location of the existing shed, to do so requires the requested side setback relief; so, the requested side setback reduction represents the minimum variance necessary for reasonable use and is consistent with the spirit and intent of the St. Lucie County Land Development Code and Comprehensive Plan. Finally, the granting of the side setback variance request will not impair or injure other property or improvements in the neighborhood in which the subject property is located. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida that: BOA Resolution No. 2026-009 File No. VAR-2608-000074 Page 1 A. The Petition of Michael and Debra Matos, requesting a variance from Section 7.04.01 (Table 7-10) of the St. Lucie County Land Development Code to allow a detached garage to encroach 3.21 feet into the minimum required 10-foot side setback, providing a 6.79-foot setback, is hereby approved, as depicted on the plot plan exhibit attached as Exhibit "A" and Exhibit "A-1" subject to the following conditions: 1. The applicants shall provide a driveway from Buchanon Drive to the detached garage in accordance with Section 7.05.06.0 — Driveway Requirements of the St. Lucie County Land Development Code, where vehicular use is proposed. 2. The applicants shall apply for an after-the-fact vegetation removal permit by August 31, 2026, securing and fulfilling the permit by September 15, 2026. A tree mitigation plan shall be submitted as part of the removal permit application, addressing the native vegetation that was removed without prior authorization. The request for this structure to encroach 2.61 feet into the minimum required 15-foot rear setback (providing a 12.39-foot setback) is hereby denied. B. The petition site is described and located as follows: Legal: LOTS 24 AND 25 IN BLOCK 6 OF INDIAN RIVER ESTATES, UNIT 1, ACCORDING TO THE PLAT THEROF AS RECORDED IN PLAT BOOK 10, PAGE 43, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA Address: 5611 Buchanan Drive, Ft. Pierce, FL 34982 Parcel Identification Number: 3402-602-0216-000-8 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. After the staff presentation and the testimony heard by the Special Magistrate, the variance was partially approved/denied by the Board of Adjustment(Special Magistrate) as contained herein. PASSED AND DULY ADOPTED this 26th day of August 2026. B RD OF ADJUSTMENT ATTEST: LU C ,UNTY, FLORIDA qj (o/z Secretary Date pecial Magis ,te APPROVED AS TO FORM AND CORRECTNESS: .0) -• • 242 jcszcz, Y( Clerk Filing Date County Attorney BOA Resolution No. 2026-009 File No. VAR-2608-000074 Page 2 Exhibit A PIO P n.irrrso 0 '1 r�S 4'713. (I.n E,a.nrPg/ .,•.-0.P4'i5"W 13 .00 _ ' ' p7oe__ e_n nm 25'UE. rc �a fihi ,4 �,.... :g " n x PO it U II - a a N. a+ E ayang — - — ,d „,. E Ni x 4 Elf N n r-,tp N A, s WS h. Lr,P __.e. m Fall* a°1 a 0._—_,_ Px 40. n 4 } 3"x,9 7a' sea tor { ate- n g '4LEGer MR/4re G 500.04'15'E 132.00.1 ,�.—.�.` + ... ♦tb I'I' yt Is. 0 75.00' I 13100' 1 I, 1jO8.:d I� }^u S00•U145"E'11500'6�m10� 9 "4 I r z BUCHANAN DRIVE Z !0'Iten-20•MAYLT P0e0 D N (� BOA Resolution No. 2026-009 File No. VAR-2608-000074 Page 3 Exhibit A-1 -ENO IR +, 0.27 01'N 9* +•i & FND IRC B'WOCO FENCE 6'WOOD FENCE Rm 17Is g:309N& &"N i 1 BCE PCOStF 1 Nd IRC NOO'04 W 32A0 1 PL3 b208" u , . ' 1� nni�wt.`�.--a— 0 -0 ov.- _ '�: n RE �J Iy 0 4 30.56' 25' U.E. o {68D]B) 30.OD' • + I +, • + w— 0 Y � � ©WE11 �_ b r,r' an u 9 �� �� PQ a LilgV�)7 N N 0v 07�m Q r r • � / ai10SZm 4 "p'9) p liEp 4., rJ K 6l'1 3Q00' ,+ R MOVED aJ, i i BOA Resolution No. 2026-009 File No. VAR-2608-000074 Page 4