HomeMy WebLinkAboutBoard Of AdjustmentA RESOLUTION APPROVING VARIANCES 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:
Petition of TD Enterprises FP, LLC, for Variances to: 1) Construct a vehicular parking
area 5 feet into the required fifteen (15) foot front landscape duffer along the right-of-way
2) Provide a two-way 24-ft access aisle for 90-degree angled parking instead of the
required 26-ft 3) Construct a driveway 20-ft into the required 25-ft setback for a five (5)
foot setback and 4) Construct a driveway 12-ft from an adjacent driveway, less than the
50-ft minimum separation, within the CIS (Commercial, General) Zoning District,
2. On May 26, 2021, 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 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 variances have 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 Count,,, Comprehensive Plan, because,
a. The Variances requested are the minimum necessary to make possible the
reasonable use of the land and structure.
b. The Variances do not harm other properties in the neighborhood or oppose the
general spirit and intent of the St. Lucie County Land Development Code.
c. The Variances arise from conditions that are unique and peculiar to the, land and
physical surroundings that result in a hardship to the applidantlowner.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. Petition of TD Enterprises FP, LLC, for variances from the provisions of Sections
7.05,06.C,2 & 7.06.02.13. driveway and performance standards of the St. Lucie County
Land Development Code is approved to: 1) Construct a vehicular parking area 5 feet into
the required fifteen (15) foot front landscape buffer along the -right-of-way 2)'Provide a
two-way 24-ft access aisle for 90-degree angled parking instead of the required 26-ft
File No. BA-9202025848 MICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT :solution No. 2021-007
SAINT LUCIE COUNTY
FILE# 4887069 0612912021 11:37:02 AM Page I
OR BOOK 4639 PAGE 939 - 942 Dm Type: RESO
RECORDING: $35.50
3) Construct a driveway 20-ft into the required 25-ft setback for a five (5) foot setback
and 4),Construct a driveway 12-ft from an adjacent driveway, less than the 50-ft
minimum separation, for the .property depicted on Exhibit "A" and described below, as
shown on the conceptual site plan created by Abraham Chabab, Inc., submitted to the
Planning and Development Services Department and date stamped on September 17,
2020, and revised on May 10, 2021.
Legal: THAT PART OF LOT 13 AND ALL OF LOT 14, BLOCK 2 OF AN
UNRECORDED PLAT OF TOTTEN SUBDIVISION IN SECTION 17,
TOWNSHIP 35 SOUTH, RANGE 40 EAST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCE AT THE SW CORNER OF THE
SW 1/4 OF SECTION 17, TOWNSHIP 35 RANGE 40 EAST, RUN THENCE
EAST ALONG SOUTH LINE. OF SECTION A DISTANCE OF 351.59 FEET,
THENCE NORTH 2 06' WEST A DISTANCE OF 199.5 FEET TO THE. POINT
OF BEGINNING: FROM SAID POINT OF BEGINNING RUN EAST
PARALLEL WITH THE SOUTH LINE OF SAID SECTION A DISTANCE OF
140 FEET, THENCE NORTH 2 06' WEST A DISTANCE OF 66 FEET,
THENCE WEST PARALLEL WITH SOUTHLINE OF SAID SECTION A
DISTANCE OF 140, THENCE SOUTH PARALLEL WITH THE EAST LINE A
DISTANCE OF 66 FEET TO THE POINT OF BEGINNING. SAID 'PROPERTY
LYING IN ST. LUCIE COUNTY, FLORIDA.
Address: 2210�South 40th Street, Fort Pierce, FL 34947
Parcel ID Number: 2417-704-0025-000-8
B. Based on the evidence presented, this variance from the provisions of driveway and
performance standards of the St. Lucie County Land Development Code is approved.
C. This variance approval shall expire twelve (12) months from the date of adoption unless
a building permit is approved or an extension is granted in accordance with Section
10.01.06, of the St. Lucie County Land Development Code.
D. 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.
E. This Order shall be recorded in the public records of St. Lucie County.
After motion and second, the vote on this resolution was as follows:
Chairman
Vice -Chairman
Commissioner
File No. BA-9202025848
Robert Lowe
Captain Derek Foxx
Alexander Tommie
AYE
AYE
P
ABSENT
BOA Resolution No. 2021-007
Page 2
Commissioner Stewart Mercer AYE
Commissioner Kevin Griffin NAY
PASSED AND DULY ADOPTED this 26tt, day of May, 2021.
BOARD OF ADJUSTMENT
ATTEST: ST. LUCIE COUNTY, FLORIDA
SC're ary Date 0hairman
1
APPROVED AS TO FORM
AND CORRECTNESS:
File No. BA-9202025848
A st. County Attorney
BOA Resolution No. 2021-007
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File No. BA-9202025848
Exhibit A
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BOA Resolution No, 2021-007
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