HomeMy WebLinkAbout14-015 - BOAI BOARD OF ADJUSTIVIENA
2 RESOLUTION NO. 14-015
3 File No.: BA 320144745
4
5 A RESOLUTION DENYING A VARIANCE FOR
6 CERTAIN PROPERTY LOCATED AT 7900 HOEFFNER LANE IN ST. LUCIE
7 COUNTY, FLORIDA
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9 WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony and
10 evidence, including, but not limited to the staff report, has made the following determinations:
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12 1. This case arises from a notice of violation ("NOV') relating to the location of an existing
13 chicken coop in violation of the AR -1 Zoning District regulations. The AR -1 Zoning
14 District regulations require 100 foot setbacks between a chicken coop and a neighboring
15 property line. The chicken coop in question is located seven (7) feet from the east
16 neighboring side property line and forty-six (46) feet from the rear property line south. It
17 houses approximately forty (40) birds.
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19 2. In response to the code enforcement proceedings triggered by the NOV, the petitioners
20 filed an application for a variance to allow them to maintain the chicken coop in its
21 current location. Specifically, on March 28, 2014, Eric and Elizabeth Martin filed a
22 petition for a Variance from the Provisions of Section 7.10.03 of the St. Lucie County
23 Land Development Code to permit the continued use of a chicken coop that encroaches
24 into the minimum 100 foot setback required from all property lines. The variance
25 requests a 93 foot encroachment into the required 100 feet side (east property line)
26 setback and 54 foot encroachment into the required 100 feet rear setback (south
27 property line).
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29 1. On September 24, 2014 this Board held a public hearing on the petition, after
30 publishing a notice of such hearing, installing a sign on property and notifying by mail
31 all owners of property within 500 feet of the subject property.
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33 2. At the applicant's request, this Board continued the public hearing for this petition to
34 October 22, 2014.
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36 3. On October 22, 2014 the public hearing was held by the Board of Adjustment.
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38 4. The applicant again requested a continuance to January, which this Board denied
39 through Resolution No. 14-014.
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41 5. After consideration of the testimony presented during the public hearing, including
42 staff comments, exhibits, and the standards of review for granting variances set out
43 in Section 10.01.02, St. Lucie County Land Development Code, the Board of
44 Adjustment has made the following determination -
45
46 The requested variance does not meet the standards of review as set forth in
47 Section 10.01.02, St. Lucie County Land Development Code and is in conflict
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
October 22, 2014 SAINT LUCIE COUNTY at 04:50 PM BOA Resolution No. 14-015
File No. BA 320144745 FILE # 4013787 11/1412014 Doc Type: RESO Page 1
OR BOOK 3690 PAGE 1469 - 1471
RECORDING: $27-00
with the goals, objectives, and policies of the St. Lucie County Comprehensive
Plan, because
1. The neighbors objected based on the continuing noise, and odors, produced
by the chicken coop in its present location.
2. There is no legally sufficient evidence of a zoning hardship.
3. The evidence at the hearing established that compliance with the Code is
possible by movement of the chicken coop. The ability to relocate the
chicken coop in compliance with the zoning code was demonstrated by the
evidence presented by staff which the Board found to be competent and
credible.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. Petition of Eric and Elizabeth Martin for a Variance from the Provisions of Section
7.10.03 of the St. Lucie County Land Development Code to permit the continued use of
a chicken coop that encroaches into the minimum 100 foot setback required from all
property lines. The variance requests a 93 foot encroachment into the required 100 feet
(east property line) side setback and 54 foot encroachment into the required 100 feet
rear setback (south property line) that is required within the AR -1 Zoning District to allow
animals other than domestic pets to be housed within 100 feet of any property line.
B. The property on which this variance is being denied is described as follows:
THE NORTH HALF OF LOT 5 AND THAT PART OF THE NORTH HALF OF LOT 6, LYING
WEST OF THE WEST GAS LINE RIGHT OF WAY OF MODEL LAND CO. SUBDIVISION IN
THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 35 SOUTH, RANGE 39 EAST,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGES(S) 10D,
OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LEASS AND EXCEPTING
THEREFROM THE WEST 564.94 FEET; ALSO LESS AND EXCEPTING THE NORTH 30 FEET
THEREOF. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND
EGRESS OVER AND ACROSS THE NORTH 30 FEET OF THE EAST 534.94 FEET OF THE
WEST 564.94 FEET THEREOF.
PARCEL IDENTIFICATION NUMBER: 2323-501-0005-030/0
C. This variance is denied in accordance with Section 10.01.05 of the St. Lucie County
Land Development Code.
D. An appeal from the Board of Adjustment's action may be pursued in accordance with
Section 10.01.07, of the St. Lucie County Land Development Code. Any aggrieved
person by a decision of the Board of Adjustment may, within thirty (30) days after the
rendition of such a decision, appeal to the courts of the State of Florida for relief in
accordance with general law.
October 22, 2014 BOA Resolution No. 14-015
File No. BA 320144745 Page 2
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After motion and second, the vote on this resolution was as follows:
Chairman Ron Harris AYE
Vice Chairman Richard Pancoast AYE
Commissioner Robert Lowe AYE
Commissioner Buddy Emerson AYE
Commissioner Ron Knaggs AYE
PASSED AND DULY ADOPTED This 22nd day of October, 2014.
ATTEST:
BOARD OF ADJUSTMENT
ST. LUCIE COUNTY, FLORIDA
Cfiairma-n
APPROVED AS TO FORM
AND CORRECTNESS:
1�e_-
Asst. County Attorney
G:\Planning\PROJECT FILESWartin, Eric & Elizabeth BA 320144745
October 22, 2014
File No. BA 320144745
BOA Resolution No. 14-015
Page 3