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Home My WebLink AboutBOA Resolution 2021-005.doc lp File No. BA-3202125999 BOA Resolution No. 2021-005 Page 1 BOARD OF ADJUSTMENT RESOLUTION NO. 2021-005 File No.: BA - 3202125999 A RESOLUTION APPROVING A VARIANCE 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: 1. Petition of Wylie Klyce for a Variance from the provisions of St. Lucie County Land Development Code (LDC) Section 7.05.06. C. 2. f (3) to allow a driveway with left turn movements to be located less than 350-feet from the Turnpike Feeder Road parallel base building line. This request proposes a full access driveway, with left-turn movements, 176-feet east of the required parallel base building line. The applicant is also requesting a Variance from LDC Section 7.05.06. C. 2. c. to allow the edge of a driveway less than twenty-five (25) feet from a side property line. This request proposes a 10-foot side setback for a driveway to serve a proposed non-residential development, to be known as the Self-Storage Kings Highway, within the CG (Commercial, General) Zoning District. 2. On April 28, 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 the 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 of the St. Lucie County Land Development Code, the Board of Adjustment has made the following determinations: The requested Variance has met the standards of review as set forth in Section 10.01.02, St. Lucie County Land Development, and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan, because: a. There is no evidence that the driveway setback will cause adverse traffic conditions and congestion on the adjacent roadway; and b. The recent roadway improvements, including the construction of a median at the intersection of Turnpike Feeder Road and Miramar Avenue, will limit File No. BA-3202125999 BOA Resolution No. 2021-005 Page 2 turn movements to a right-turn-only, directing trips northbound, creating a safer circulation pattern. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: A. The petition of Wylie Klyce for a Variance from the provisions of the St. Lucie County Land Development Code Section 7.05.06. C.2.(f)(3) to allow a driveway with left turn movements to be located less than 350-feet from the Turnpike Feeder Road parallel base building line and a Variance from LDC Section 7.05.06. C. 2(c) to allow the edge of a driveway less than twenty-five (25) feet from a side property line, for the property depicted on the attached Site Plan as Exhibit “A” and the legal description more specifically described below, subject to the following condition of approval: 1. The granting of the requested Variance is conditioned upon the Non-Exclusive Cross Access Easement Agreement connection with the property to the south known as Indrio Crossing Shopping Center recorded in OR Book 4572 Page 2421-2429, securing the dispersed trip distribution as proposed on the Self-Storage Kings Highway Major Site Plan. Legal Description: THAT PART OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 13, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA LYING EAST OF SUNSHINE STATE PARKWAY FEEDER ROAD (S.R. 713) AND NORTH OF INDRIO ROAD. LESS AND EXCEPT ROAD RIGHTS-OF-WAY AS DESCRIBED IN THOSE CERTAIN DEEDS RECORDED IN OFFICIAL RECORD BOOK 585, PAGES 1449 THROUGH 1451, AND OFFICIAL RECORD BOOK 649, PAGES 027 AND 028, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT: THAT PART OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ SECTION 13, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LYING EAST OF SUNSHINE STATE PARKWAY FEEDER ROAD (S.R. 713) AND LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A POINT (P.O.C.) BEING THE SOUTHEAST CORNER OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 13, RUN THENCE NORTH 00° 02’ 03” WEST ALONG THE EAST LINE OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 13, 708.55 FEET TO THE POINT OF BEGINNING (P.O.B.); THENCE RUN SOUTH 89° 59’ File No. BA-3202125999 BOA Resolution No. 2021-005 Page 3 58” WEST, PARALLEL WITH THE ¼ SECTION LINE, 760.46 FEET; THENCE RUN SOUTH 44° 59’ 58” WEST, 51.71 FEET; THENCE RUN NORTH 45° 00’ 02” WEST, 268.56 FEET; THENCE RUN NORTH 75° 00’ 02” WEST 202.22 FEET TO THE EAST RIGHT-OF-WAY LINE OF SUNSHINE STATE PARKWAY FEEDER ROAD (S.R. 713) AND THE END OF THIS DESCRIBED LINE. Location: Southeast corner of Turnpike Feeder Road and Miramar Avenue Parcel ID Number: 1313-232-0002-000-1 B. Based on the evidence presented, this Variance is approved with that condition to require the shared access connection to the south, securing the dispersed trip distribution as proposed on the Site Plan. C. This Variance 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 Robert Lowe AYE Vice Chairman Derek Foxx ABSENT Commissioner Alexander Tommie AYE Commissioner Stewart Mercer AYE Commissioner Kevin Griffin NAY File No. BA-3202125999 BOA Resolution No. 2021-005 Page 4 PASSED AND DULY ADOPTED this 28th day of April 2021. BOARD OF ADJUSTMENT ATTEST: ST. LUCIE COUNTY, FLORIDA _________________ ___________ ______________________________ Secretary Date Chairman APPROVED AS TO FORM AND CORRECTNESS: _________________ ___________ Clerk Date ______________________________ Asst. County Attorney File No. BA-3202125999 BOA Resolution No. 2021-005 Page 5 Exhibit “A” (Site Plan)