HomeMy WebLinkAboutPDS-23-013 - Windsong Mobile Village Park, Unit #63 at 3200 So. 7th St FPMICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 5165754 03/13/2023 10:26:48 AM
OR BOOK 4961 PAGE 1130 - 1140 Doc Type: ORD
RECORDING: $95.00
PDS NO. 2023-013
File No. AVP-2302-000020
AN ORDER GRANTING ADMINISTRATIVE SETBACK VARIANCE
APPROVAL FOR A MOBILE HOME ON A PROPERTY LOCATED IN THE
WINDSONG MOBILE VILLAGE PARK UNIT #63 AT 3200 So. 7TH
STREET, FT. PIERCE, 34982, ST. LUCIE COUNTY, FLORIDA
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the
application for an administrative mobile home setback variance, including but not limited to the
staff report, and made the following determinations:
The Administrative Setback Variance submitted by Griselda Zelaya has been approved
for a mobile home, Unit #63, on a property located at 3200 So. 7t" Street, Fort Pierce,
Florida.
2. The Administrative Setback Variance for 2ft 6in allows for a reduced side yard setback
from fifteen (15) feet to twelve feet six inches (12.6) to allow a mobile home to be replaced
within the Windsong Mobile Village for Unit #63.
3. The staff has reviewed the Administrative Setback Variance on the subject property and
found it to meet technical requirements of the St. Lucie County Land Development Code
Section 10.01.14 B and to be consistent with the Comprehensive Plan.
4. The staff has analyzed the parcel's eligibility for encroachment into the required side yard
setback according to Section 10.01.14.13 2. a-h of the St. Lucie County Land Development
Code (LDC). That analysis is found in a memorandum dated February 24, 2023, entitled
Griselda Zelaya Administrative Setback Variance (AVP-2302-000020).
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 according to Section 10.01.14. An analysis of the standards may be found in a
Planning and Development Services memorandum described above and attached herein
as "Exhibit B."
NOW, THEREFORE, BE IT ORDERED:
A. Pursuant to Land Development Code Section 10.01.14 B, the Griselda Zelaya
Administrative Variance is hereby approved as shown on the illustration by Ms. Griselda
Zelaya, and attached herein as "Exhibit A," subject to the following condition:
1. The 2.6-foot side yard setback variance from the dimensional requirements for
the Windsong Mobile Village shall be valid for a period not to exceed 12
months. Unless a building permit is issued within 12 months, this variance shall
expire for Unit #63.
File No.: AVP-2302-000020
February 28, 2023
Page 1
PDS No. 2023-013
B. The property on which this approval is being granted is described as:
MARAVILLA GARDENS S/D-UNIT THREE- PART OF LOTS 180 TO 183 INC MPDAF: FROM NW COR
LOT 183 RUN E ALG N LI LOT 183 562.1 FT, TH S 85 FT, TH E 140 FT, TH S 177 FT, TH E 257 FT, TH
S 238 FT, TH W 92 FT, TH S 50 FT, TH E 5 FT, TH S 75 FT, TH W 182.18 FT, TH S 200 FT, TH E 25.4
FT, TH S 322.7FT, TH W 730.67 FT TO E R/W LI S MAYFLOWER RD, TH N ALG SD E RAN 522.67 FT,
TH E 135 FT, TH N 75 FT, TH W 135 FT TO AFORESAID E R/W, TH N ALG SD E R/W 550.34 FT TO
POB (OR 3855-1410)
PARCEL ID: 2427-601-0060-000-0
C. Based on the evidence presented, the Administrative Variance is approved.
D. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the 28'h Day of February.
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
Mayte'santamai4la, Director
APPROVED AS TO FORM
AND CORRECTNESS:
File No.: AVP-2302-000020 PDS No. 2023-013
February 28, 2023 Page 2
Exhibit "A"
(Approved Administrative Variance Illustration)
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File No.: AVP-2302-000020
February 28, 2023
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PDS No. 2023-013
EXHIBIT "B"
Staff Memorandum
Dated February 24, 2023
File No.: AVP-2302-000020 PDS No. 2023-013
February 28, 2023 Page 4
Planning and Development
Services Department
Building & Code Regulation Division
TO: Mayte Santamaria, Director
THROUGH: Monica Graziani, Building & Code Regulation Manager
FROM: Melissa Brubaker, Zoning & Permitting Supervisor
DATE: February 24, 2023
SUBJECT: Griselda Zelaya, Administrative Mobile Home Setback Variance (AVP-2302-000020)
GENERAL INFORMATION
Property Owner: Griselda Zelaya
& Applicant 3200 S. Th Street
Fort Pierce, FL 34982
Location: Unit #63 - 3200 S. 71h Street, Fort Pierce, FL 34982
Parcel ID Number: 2427-601-0060-0000
Planning Area: Windsong Mobile Village Unit #63 Maravilla Gardens Subdivision.
Proposal: Request to encroach 2'6" into the required 15' side yard setback, providing a
12'6" setback, to allow a replacement mobile home within the Windsong
Mobile Village — Unit #63
Zoning:
Future Land Use:
Existing Use:
Urban Service Boundary:
Utilities:
Fire/EMS Protection:
Background:
CO (Commercial Office)
RH and COM (Residential High and Commercial)
Vacant, the previous mobile home on the lot was relocated to another lot
The project site is located within the Urban Service Boundary (USB)
Water & wastewater services are available from Ft. Pierce Utility Authority
(FPUA)
Station #6 (350 E Midway Road) is located 4.34 miles southwest of the
subject parcel
The applicant, Griselda Zelaya, is requesting an Administrative Variance to encroach into the required fifteen -
foot (15') side yard setback by two feet, six inches (2'6"), providing a total side setback of twelve feet, six -
inches (12'6") to allow a replacement mobile home on Unit #63 within the Windsong Mobile Village.
ST. LUCIE
Project Name: Griselda Zelaya Administrative Variance
File Number: AVP-2302-000020
February 24, 2023
Page 2
The Windsong Mobile Village is zoned Commercial Office (CO), with a Residential High (RH) and
Commercial (COM) future land use designation. The mobile home park is a twenty -acre tract, which was
lawfully established in the late 1960s. Currently, mobile homes are not permitted in the CO zoning district,
however, based on Comprehensive Plan Policy 1.1.1.4, replacement of mobile homes is allowed because the
previous residential dwelling unit was lawfully established.
Policy 1.1.1.4 — Notwithstanding the density limitations set forth in Policies 1.1.1.1 and 1.1.1.2 land
upon which a lawfully established residential dwelling unit exists (single family residence or mobile
home) shall be entitled to a density of one dwelling unit per each recognized lawfully established unit.
Such lawfully -established dwelling unit(s) shall not be considered as nonconforming as to the density
provisions of Policies 1.1.1.1 and 1.1.1.2 and the St. Lucie County Land Development Code.
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Figure I — Zoning Map of Windsong Mobile Village
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2427-601-0060-000-0
IL, Industrial Light
RM-11, Residential, Multi-Pamity, 11 du/ac
RMH-5, Residential Mobile Homes, 5 lots/ac
City of Fort Pierce
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Project Name: Griselda Zelaya Administrative Variance
File Number: AVP-2302-000020
February 24, 2023
Page 4
Figure 3 - Proposed Side Setback Encroachment Drawing
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ST. LUCIE
Project Name: Griselda Zelaya Administrative Variance
File Number: AVP-2302-000020
February 24, 2023
Page 5
Figure 4 —Aerial of the Windsong Mobile Village Lot 63
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ST. LUCIE
Project Name: Griselda Zelaya Administrative Variance
File Number: AVP-2302-000020
February 24, 2023
Page 6
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Administrative Setback Variance
Standards Of Review As Set Forth In
Land Development Code Section 10.1.14.E
St. Lucie County Land Development Code (LDC) Section 10.1.14.13 establishes the general standards for the
issuance of administrative variances for minimum yard setback standards within mobile home parks. A person
may apply for an administrative variance to decrease any required minimum yard setback in an existing Mobile
Home Park by replacing a pre-existing structure after the effective date of this Ordinance (Ordinance 06-013 on
6/6/2006) by no more than two-thirds of the minimum setback standard. The Planning and Development
Services Director shall consider the analysis below in reviewing this Variance Petition.
In accordance with LDC Section 10.0 1. 14.13.2, the Planning and Development Services Director shall grant the
Variance if an applicant has satisfied the following standards:
a. Demonstration that the Mobile Home Park was in legal existence upon the effective date of this
Ordinance. (Ordinance No. 06-013)
The subject mobile home park was in legal existence before the adoption of Ordinance No. 06-013 on
June 6, 2006. The mobile home park was established in the late 1960's.
b. Demonstration that the placement of the proposed structure will meet the intent of all separation
standards as required for all Mobile Home parks, any other applicable provision of this Code,
Florida Building Codes, or the fire code(s) and that the requested Variance is the minimum
necessary to locate the proposed structure on the property.
The requested Variance is the minimum necessary to replace a mobile home on Unit #63, within the
Windsong Mobile Village. The proposed structure will meet the intent of all separation standards
required for all Mobile Home parks, the applicable provision of this Code, Florida Building Codes, and
the fire code.
C. Demonstrate that a similar structure existed on the subject property at the proposed location of
the new structure on the effective date of this Ordinance (Ordinance No. 06-013.)
A mobile home existed previously on the subject property prior to the effective date of Ordinance No.
06-013. This request is to allow a replacement mobile home.
d. Demonstration that the placement of the proposed structure, if a mobile home, will not be located
closer than ten (10) ft (3 m) side to side, eight (8) ft (2.4 m) end to side, or six (6) ft (1.8 m) end to
end horizontally from any other mobile home, manufactured home, single-family detached
dwelling or community building unless the exposed composite walls and roof of either structure
are without openings and constructed of materials that will provide a one -hour fire rating or the
structures are separated by a one -hour fire -rated barrier.
The proposed mobile home unit will not be located closer than ten feet (10) ft (3 m) side to side, eight
(8) ft (2.4 m) end to side, or six (6) ft (1.8 m) end to end horizontally from any other mobile home,
manufactured home, single-family detached dwelling or community building. The proposed mobile
home will have a front setback of 30 feet, rear setback of 17 feet, and side setbacks of 12 feet and 12
feet 6 inches.
e. Demonstration that the placement of the proposed structure, if an accessory structure, if located
immediately adjacent to a site line is constructed entirely of materials that do not support
combustion and provided that such buildings or structures are not less than three (3) ft (0.9 m)
ST. LUCIE
Project Name: Griselda Zelaya Administrative Variance
File Number: AVP-2302-000020
February 24, 2023
Page 7
from an accessory building or structure on an adjacent site. An accessory building or structure
constructed of combustible materials shall be located no closer than five (5) ft (1.5 m) from the
site line of an adjoining site.
The Administrative Variance would permit an encroachment into the required fifteen -foot (15') side
yard setback by two feet, six inches (2'6") for a total side setback of twelve feet, six inches (12'6") from
the accessory structure (screen patio) attached to Unit #62.
f. The literal application of the provisions of the Code for the required minimum yard setback will
result in an undue hardship on the property owners and would otherwise prohibit the use of the
petitioned property as others are used in the surrounding neighborhood.
The literal application of the provisions of the St. Lucie County Land Development Code would result
in an undue hardship on the property owner and would otherwise prohibit the use of the property as
others are used in the neighborhood because they would not be able to permit the replacement home
that has been already purchased to live in. The Administrative Variance would permit an encroachment
into the required fifteen -foot (15') side yard setback by two feet, six inches (2'6") for a total side setback
of twelve feet, six inches (12'6"), to allow a replacement mobile home on Unit #63 within the Windsong
Mobile Village. The proposed mobile home is a replacement unit for one that was relocated to another
property.
g. The Variance requested will not result in any encroachment into any access/utility easement or
other common area.
The requested Variance will not result in encroachment into any access/utility easement or other
common areas.
h. The Variance requested will not conflict with any other provision of this Code.
The dimensions of the improvements are the minimum necessary and will not conflict with any other
provisions of the Code.
Recommendation:
Staff has reviewed this petition and determined that it meets the review standards provided in LDC Section
10.1.14.13 and does not conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive
Plan. Staff recommends that the Planning and Development Services Director approve the Administrative
Variance with the following condition:
1. The Administrative Variance permitting an encroachment into the required fifteen -foot (15') side yard
setback by two feet, six inches (2'6") for a total side setback of twelve feet, six inches (12'6") shall be
valid for 12 months and shall automatically expire unless a building permit is issued within 12 months
for Unit #63.
Attachments: PDS Order 2023-013
ST. LUCIE