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Home My WebLink AboutPDS-14-005 - 1245 Nettles Blvd. 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AN ORDER GRANTING ADMINISTRATIVE APPROVAL FOR PROPERTY LOCATED AT 1245 NETTLES BLVD, NETTLES ISLAND, ST. LUCIE COUNTY, FLORIDA WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the application for an administrative variance including but not limited to the staff report and made the following determinations: 1. The administrative variance submitted by William Rachwal has been approved for property located at 1245 Nettles Blvd, Jenson Beach, FL 34957. 2. The Administrative Variance allows for an encroachment into the rear setback from the required five (5) feet to one (1) foot for a total of 40.9 square feet as shown on Boundary Survey created by Earle R. Starkey, PLS, #4459 last revision date of December 18, 2013. 3. The Development Review Committee has reviewed the administrative variance on the subject property and found it to meet technical requirements of the St. Lucie County Land Development Code and to be consistent with the St. Lucie County Comprehensive Pan. 4. Staff has provided an analysis of the parcel's eligibility for an encroachment into the minimum required setback by no more than 50 percent in an existing recreational vehicle park pursuant to Section 10.01.14 of the St. Lucie County Land Development Code. That analysis is found in a memorandum dated January 27, 2014 entitled Rachwal, William, Administrative Variance - 1245 Nettles Blvd., File No. VA120144719. 5. The requested encroachment will not have an undue adverse effect on adjacent property, does not encroach into any easements or common areas, does not conflict with other codes and otherwise meets the intent and purpose of the general standards for issuing a variance pursuant to Section 10.01.14.A(2)(a-g). An analysis of the general standards may be found in a Planning and Development Services memorandum described above. NOW, THEREFORE, BE IT ORDERED: PDS NO. 14-005 File No. AV 1220124579 A. Pursuant to Section 10.01.14 of the St. Lucie County Land Development Code, the Rachwal, William Administrative Variance is hereby approved as shown on the boundary survey prepared by Earle R. Starkey, PLS, #4459 with a last revision date of December 18, 2013 and date stamped on January 14, 2014. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3922269 02/05/2014 at 12:02 PM OR BOOK 3601 PAGE 1582 - 1587 Doc Type: ORD RECORDING: $52.50 PDS No. 14-005 Page 1 File No.: AV 120144719 January 27, 2014 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 B. The property on which this approval is being granted is described as: NETTLES ISLAND INC, ACONDO-SECTION II PARCEL 1245 AND PRO-RATA HSARE IN COMMON ELEMENTS PARCEL ID: 4502-501-1432-000-5 C. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective tote'- January 27, 2014. BY File No.: AV 120144719 January 27, 2014 PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA ~i BY ~ ~ Mark Satterle , AICP APPROVED AS TO FORM AND CORRECTNESS: Count~i Attorney PDS No. 14-005 Page 2 Planning and Development Services Department Building and Code Regulation Division MEMORANDUM TO: Mark Satterlee, AICP, Director THROUGH: Monica Graziani, Manager FROM: Debra Zampetti, Zoning & Permitting Supervisor DATE: January 23, 2014 SUBJECT: Rachwal, William Administrative Variance - 1245 Nettles Blvd. AV 120144719 On January 24, 2014, William Rachwal submitted an Administrative Variance application for parcel ID# 4502-501-1432-000-5. The applicant is requesting an encroachment into the rear yard required setback from five (5) feet to one (1) foot to install a 4 x 4 landing with stairs for a total encroachment of 40.9 square feet. The subject property is located at 1245 Nettles Blvd, Jensen Beach, Florida 34957. Analysis Pursuant to Section 10.01.14.A(1)(a) of the St. Lucie Land Development Code (LDC), a person may decrease the minimum required setback in an existing recreational vehicle park by no more than 50 percent of the minimum standard in order to qualify for an administrative approval by the Director. The total square foot area of the rear yard is 173.2 square feet. The stairs and the landing total 40.9 square feet which amount to less than a 25 percent overall encroachment. Accordingly, the applicant meets the standards to qualify for an administrative variance. Attached hereto and incorporated herein is a survey by Earle R. Starkey, PLS, #4459, with a last revision date of December 18, 2013 and stamped received on January 14, 2014. Pursuant to Section 10.01.14.A(2)(a-g), if an applicant can meet the general standards for issuing the variance, then the County shall grant the variance. The applicant meets the standards as follows: a. Demonstration that the recreational vehicle park was in legal existence upon the effective date of this Ordinance. (Ordinance No. 94-007) The subject recreational vehicle park was in legal existence on or before 1984 which was before the effective date of the ordinance. b. Demonstration that the existing structure on the adjacent properties have been constructed without, or in violation or, prior permit approvals and that these violations have been granted conforming status consistent with Section 1.10.16 (Q)(2) of this William Rachwal Admin. Variance File No.: AV 120144719 January 27, 2014 Page 2 Code. This standard is not applicable in this case. c. The literal application of the provisions in Section 7.10.16(Q) will result in an undue hardship on the property owner(s) and would otherwise prohibit the use of the petitioned property as others are used in the surrounding neighborhood. The literal application of the setback provisions will result in an undue hardship wherein the property owner would be denied egress from the rear of the residence and would deny a use that most homeowners have within the surrounding neighborhood. d. The variance will not result in any encroachment into any access or utility easement or other common area. There will be no encroachments into any easements or common areas. e. The variance requested does not result in an encroachment of any more than 50 percent into any required yard setback area. The requests amount to less than a 50 percent into the required setback. f. The variance will not conflict with any other provisions of this code. The dimensions of the landing and stairs are the minimum variance necessary and will not conflict with any other provisions of this code. Recommendation Staff finds that the applications meets the standards as provided in Section 10.01.14(2)(a-g) as outlined hereinabove and is not in conflict with the St. Lucie County Comprehensive Plan. Staff recommends that the Planning and Development Services Director approve the administrative variance. Attachment: Survey by Earle R Starkey, PLS, #4459, last revision date of December 18, 2013, and stamped received on January 14, 2014. ~" 52~ ~~ _..,~."~ ~ .,,N ~ ~~ 325 NN ~No ~o• SURVEYOR'S NOTES 1, SURVEY ^F DESCRIPTI^N AS FURNISHED BY CLIENT, UNLESS ^THERWISE NOTED. 2. LANDS SHOWN HEREON WERE N^T ABSTRACTED FOR EASEMENTS, BUILDING SETBACKS, AND/^R RIGHTS-^F-WAY ^F RECORD BY ACCURIGHT LAND SURVEYING, INC, 3, ELEVATIONS SHOWN HEREON ARE RELATIVE T^ N^RTH AMERICAN VERTICAL DATUM OF 1988, SEE SURVEY F^R REFERENCE BENCH MARK, UNLESS OTHERWISE NOTED. 4. THERE ARE N^ AB^VE GROUND ENCROACHMENTS, UNLESS OTHERWISE N^TED. S,ADDITI^NS ^R DELETIONS T^ SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PR^HIBITED WITHOUT WRITTEN C^NSENT OF THE SIGNING PARTY ^R PARTIES. ~ ~~ ~ 15~oa ~F> vs% \: ~/~- LEGEND A/C - AIR C^NDITI^NER LB - LICENSED BUSINESS C^NC, - CONCRETE C^V'D - C^VERED I,B. - IR^N BAR R/W - RIGHT-^F-WAY I.D. - IDENTIFICATION FND, - F^UND N.A,V.D, 88 - N^RTH AMERICAN VERTICAL DATUM 1988 SET I.B. - SET 5/8' IRON BAR CAP #4459 CP> - DEN^TES DISTANCE, ANGLE ^R BEARING BY FURNISHED DESCRIPTION CF) - DEN^TES MEASURED DISTANCE, ANGLE ^R BEARING CC) - DEN^TES CALCULATED DISTANCE, ANGLE ^R BEARING i LEGAL DESCRIPTION LOT 12 `SECTION II, OUTDOOR RESORTS OF AMERICA .,~ /NN~ NETTLES ISLAND, ACCORDING TO THE MAP OR PLAT THEREOF, ~JNo ~D' AS RECORDED IN PLAT BOOK 16, PAGES 1, lA THROUGH iJ, ii PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. PROPERTY LOCATED IN FLOOD ZONE 'VE' BASE ELEVATION 10.0 N.A.V.D. 1988 COMMUNITY PANEL NO.~ 120285-0311-J DATED 02/16/2012 PROPERTY STREET ADDRESS 1245 NETTLES BOULEVARD JENSEN BEACH, FL. 34957 CERTIFIED TOE 1. WILLIAM J. RACHWAL & ANN M, RACHWAL ~ 2. SEACOAST NATIONAL BANK, IT'S SUCCESSORS AND/0R ASSIGNS, A.T.I.M.A. 3. CHICAGO TITLE INSURANCE COMPANY 4. OUGHTERSON, SUNDHEIM 8~ ASSOCIATES, P.A. LOT 1246 "~~ SYMBOLS ~~F ~ '+'r . ~~ sr~ ~T - TRANSFORMER lG Gc ® - WATER METER A ~F Q - CENTERLINE ~pP SE Pw PLL O , 2 GpNC. 51 PARS ~ O NNE PR~POLPN~`NG ENO \O /~'J~WP~~ CPP D ~pN~. s z3 BOIINL~AR`~ SURVEY ACCURIGF~i ~-NB ~URVEYING,,tI~: m 0 N m N N \ Z \ c a ~ c o z ~ ° o o J ~ Z Z Z a~ H H J W W ~ w ~ ~ ., a A ~ ~ y V/ q ¢ ¢ q W ~ p 0 to v a f z a ~ o o > ~ ~ a ~ t~ a o I N 0 N ~ ~ It7 \ 0 (N ~ l+l h ~ W 0 .N.. F- W q ~ q } ~ q w -+ 11 =~ W ~ q J H z ~ Y 2 W U a ~ q v vi • U ~ Z z ~m r~ n J r N N z Z NN n "" O U X z~ = a U `` W Z a ~ g Z Q H r= V W Z W ~ EARLE R. STARKEY -PROFESSIONAL LAND SURVEYOR U j REGISTRATION N0. 4459 -- STATE OF FLORIDA U j SURVEY NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL Q ~ RAISED SEAL OF A FLORIDA LICENSED LAND SURVEYOR AND MAPPER q m W H ~ 0~ W ~ ~ ~ Z W Q A ~ O W -~ Y W Q ~ ~¢ °_ ~- ti H