HomeMy WebLinkAboutPDS-17-021 - 10701 S. Ocean Drive, Lot 8853
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PDS NO. 17-021
File No. AV 520175128
AN ORDER GRANTING ADMINISTRATIVE APPROVAL FOR
PROPERTY LOCATED AT 10701 S. OCEAN DR. LOT 885
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 Todd Dittrich of Dittrich LLC as agent for William
and Lynn Butler has been approved for property located at 10701 S. Ocean Drive, Lot
885, Jensen Beach, Florida.
2. The Administrative Variance allows for an encroachment into the minimum required side
setback by 3 feet 7 inches or a reduction in the required side setback from 8 feet to 4 feet
5 inches.
3. The Administrative Variance allows for an encroachment into the minimum required rear
setback by 2 feet for a length of 21 feet or a reduction in the required rear setback from 5
feet to 3 feet for 21 feet. In addition, the Administrative Variance allows for a reduction in
the minimum rear setback from 5 feet to one foot for approximately 8 feet m.o.l. for the
wrap around ramp as shown building plans dated April 18, 2017 and sealed by Wayne A.
Block, P.E.
4. 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.
5. 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 May 2, 2017 entitled Butler Administrative
Variance — 10701 S. Ocean Drive, Lot 885, File No. AV 520175128.
6. 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:
A. Pursuant to Section 10.01.14 of the St. Lucie County Land Development Code, the Butler
Administrative Variance is hereby approved as described herein above
File No,: AV 52 01 751 28
May 2,2017
JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE M 4312155 05/24/2017 11:31:04 AM
OR BOOK 4000 PAGE 285 - 288 Doc Type: ORD
RECORDING: $35.50
PDS No. 16-031
Page 1
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3:
B. The property on which this approval is being granted is described as:
LOT 885, OF VENTURE OUT AT INDIAN RIVER INC., A CONDOMINIUM, ACCORDING TO THE
DELCARATION OF CONDOMINIUM THEREOF, RECORDED IN OFFICIAL RECORDS BOOK
201, PAGE 1402, AND AS AMENDED BY THOSE AMENDMENTS RECORDED IN OFFICIAL
RECORDS BOOK 225, PAGE 809, AND OFFICIAL RECORDS BOOK 226, PAGE 393, ALL OF
THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA TOGETHER WITH AN UNDIVIDED
INTERESTIN THE COMMON ELEMENTS APPURTENANT THERETO SETFORTH IN SAID
DECLARATION.
PARCEL ID: 4511-510-0086-00013
C. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 5 day of May 2017.
File No.: AV 520175128
May 2,2017
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY ;v ,oL"_6 u')�'
Leslie Olsen, AICP, it ctor
APPROVED AS TO FORM
AND CORRECTNESS:
m
PDS No. 16-031
Page 2
Planning and Development
Services Department
Building and Code Regulation Division
LPMEMORANDUM
TO: Leslie Olsen, AICP, Director
THROUGH: Monica Graziani, Manager
FROM: Debra Zampetti, Zoning & Permitting SupervisorL%
DATE: May 2, 2017
SUBJECT: Butler
Administrative Variance — 10701 S. Ocean Dr., Lot 885
AV 620165030
On April 27, 2017, Todd Dittrich, Dittrick LLC, submitted an Administrative Variance application
for parcel ID# 4511-510-0086-00013 on behalf applicants, William and Lynn Butler. The
applicants are requesting a variance from the required minimum 8 foot side back to 4 feet 5 inches
to install a ramp (that will accommodate a wheelchair) with a gradual incline. The ramp will wrap
around connect to a dect to the rear of the mobile home to the rear entrance. The applicants are
also requesting a 2 foot encroachment into the rear setback from the required minimum of 5 feet
to 3 feet for 21 feet and a 4 foot encroachment into the rear setback for approximately 8 feet for
the rap around portion of the special needs entrance. The subject property is located at 10701 S.
Ocean Dr., Lot 885, 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 side yard is 320 square feet. The ramp totals 140 square feet
m.o.l which amounts to less than a 50 percent overall encroachment. The total square foot area
for the rear is 175 square feet. The encroachment of the wrap around ramp and deck total 84
m.o.l. Accordingly, the applicant meets the standards to qualify for an administrative variance.
Data relied on for measurements was a survey by Andrew Asbury, PLS, dated June 27, 1995,
building plans forthe deck and ramp by Wayne A. Brock,.PE, dated April 18, 2017, and the original
plans for the existing deck for the subject mobile home by John M. Ahern, PE dated September
12, 1995.
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)
III 10=
,,COUNTY
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O
R
I D
A
Planning and Development
Services Department
Building and Code Regulation Division
LPMEMORANDUM
TO: Leslie Olsen, AICP, Director
THROUGH: Monica Graziani, Manager
FROM: Debra Zampetti, Zoning & Permitting SupervisorL%
DATE: May 2, 2017
SUBJECT: Butler
Administrative Variance — 10701 S. Ocean Dr., Lot 885
AV 620165030
On April 27, 2017, Todd Dittrich, Dittrick LLC, submitted an Administrative Variance application
for parcel ID# 4511-510-0086-00013 on behalf applicants, William and Lynn Butler. The
applicants are requesting a variance from the required minimum 8 foot side back to 4 feet 5 inches
to install a ramp (that will accommodate a wheelchair) with a gradual incline. The ramp will wrap
around connect to a dect to the rear of the mobile home to the rear entrance. The applicants are
also requesting a 2 foot encroachment into the rear setback from the required minimum of 5 feet
to 3 feet for 21 feet and a 4 foot encroachment into the rear setback for approximately 8 feet for
the rap around portion of the special needs entrance. The subject property is located at 10701 S.
Ocean Dr., Lot 885, 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 side yard is 320 square feet. The ramp totals 140 square feet
m.o.l which amounts to less than a 50 percent overall encroachment. The total square foot area
for the rear is 175 square feet. The encroachment of the wrap around ramp and deck total 84
m.o.l. Accordingly, the applicant meets the standards to qualify for an administrative variance.
Data relied on for measurements was a survey by Andrew Asbury, PLS, dated June 27, 1995,
building plans forthe deck and ramp by Wayne A. Brock,.PE, dated April 18, 2017, and the original
plans for the existing deck for the subject mobile home by John M. Ahern, PE dated September
12, 1995.
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)
Butler Admin. Variance
File No.: AV 520175128
May 2, 2017
Page 2
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 9.10.96 (Q)(2) of this
Code.
No structural violations have been found to exist on adjacent properties.
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
one of the property owners would be denied egress from the residence due to a
handicap.
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 special needs ramp and wrap around 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) 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 dated 6127195 by Andrew Asbury, PLS