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Home My WebLink AboutPDS-23-036 - Setback Variance, Nettles Island Lot 626 at 9801 S Ocean Dr, Jensen BeachMICHELLE R. MILLER, CLERK OF THE CIRCUIT COUR' SAINT LUCIE COUNTY FILE # 5199922 06/01/2023 04:03:54 PM OR BOOK 4998 PAGE 1286 - 1295 Doc Type: ORD RECORDING: $86.50 PDS NO. 2023-036 File No. AVP-2305-000022 AN ORDER GRANTING ADMINISTRATIVE SETBACK VARIANCE APPROVAL FOR A MOBILE HOME ON A PROPERTY LOCATED IN NETTLES ISLAND LOT 626 AT 9801 S OCEAN DR., JENSEN BEACH, 34957, 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: 1. The Administrative Setback Variance submitted by Rusty Hilcken has been approved for a landing and stairs, Nettles Island Lot 626, on a property located at 9801 S Ocean Dr. Jensen Beach, Florida. 2. The Administrative Setback Variance allows for a reduced side yard setback from eight (8) feet to seven feet four inches (T 4") to allow a replacement of the landing and stairs within Nettles Island Lot 626 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 May 23, 2023, entitled Rusty Hilcken Administrative Setback Variance (AVP-2305-000022). 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 Rusty Hilcken Administrative Variance is hereby approved as shown on the illustration by Mr. Rusty Hicken, and attached herein as "Exhibit A," subject to the following condition: 1. The 8 inch side yard setback variance from the dimensional requirements shall be valid for a period not to exceed 12 months, unless a building permit is issued within 12 months. File No.: AVP-2305-000022 PDS No. 2023-036 May 23, 2023 Page 1 B. The property on which this approval is being granted is described as: NETTLES ISLAND INC, A CONDO -SECTION II PARCEL 626 ANDPRO-RATA SHARE IN COMMON ELEMENTS (OR 1597-216) PARCEL ID: 4502-501-0812-000/6 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 23Id Day of May. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Benjamin Balcer, Director APPROVED AS TO FORM AND CORRECTNESS: M File No.: AVP-2305-000022 PDS No. 2023-036 May 23, 2023 Page 2 Exhibit "A" (Approved Administrative Variance Illustration) to ' K79V t viceTE 74 er\ � \ A NO M,D, File No.: AVP-2305-000022 May 23, 2023 LOT 625 es E G&OW P- FM 51Y ti NO 1.0. ` LOT 44,E SiNRS TAN LOT 6 S� lAAdtUFACF HX % c+�nEw�m r�mar .soot SL* � EXHIBIT "B" Staff Memorandum Dated May 23, 2023 Page 3 PDS No. 2023-036 Planning and Development Services Department Building & Code Regulation Division TO: Benjamin Balcer, Director THROUGH: Monica Graziani, Building & Code Regulation Manager FROM: Melissa Brubaker, Zoning & Permitting Supervisor DATE: May 23, 2023 SUBJECT: Rusty Hilcken, Administrative Mobile Home Setback Variance (AVP-2305-000022) GENERAL INFORMATION Property Owner: Rusty Hilcken & Applicant 626 Nettles Blvd Jensen Beach, FL 34957 Location: 626 Nettles Blvd, Jensen Beach, FL 34957 Parcel ID Number: 4502-501-0812-000/6 Planning Area: 9801 S. Ocean Dr. Proposal: Request to encroach 8 inches into the required 8 ft unobstructed side yard setback, providing a 7.4 ft side setback, to allow a replacement of landing and stairs to obtain access to the mobile home Zoning: HIRD (Hutchinson Island Residential District) Future Land Use: RU (Residential Urban) Existing Use: Mobile Home Urban Service Boundary: The project site is located within the Urban Service Boundary (USB) Fire/EMS Protection: Station #8 (7583 S Ocean Dr) is located 3.7 miles southwest of the subject parcel Background: The applicant, Rusty Hilcken, is requesting an Administrative Variance to encroach into the required unobstructed eight -feet (8') side yard setback by 8 inches (8"), providing a total side setback of seven feet, four - inches (7'4") to allow a replacement of landing and stairs at 626 Nettles Blvd. ST. LUCIE Project Name: Rusty Hilcken Administrative Variance File Number: AVP-2305-000022 May 23, 2023 Page 2 Nettles Island is zoned HIRD (Hutchinson Island Residential District), with a Residential Urban (RU) future land use designation. The mobile home park is a one hundred- and fifty -seven -acre tract, which was lawfully established in the late 1970s. Figure I — Zoning Map of Nettles Island I= Map of Nettles Island Zoning ® Nettles Island (157.37 Acres) = CPUB, Conservation Public * Lot 626 HIRD, Hutchinson Island Residential Dist PNRD, Planned Non -Residential Development 0 250 500 HIRD 1,000 1,500 2,000 Feet Map prepared 52212023 ru C7w� ST. LUCIE Project Name: Rusty Hilcken Administrative Variance File Number: AVP-2305-000022 May 23, 2023 Page 3 Figure 2 — Future Land Use Map of Nettles Island ;77- -� Map of Nettles Island '..dU.. RU :trdinn der �Qyb„ CPUB Wlil Mean N ® Nettles Island (157.37 Acres) = CPUB, Conservation Public �/}� * Lot 626 = R/C, Residential/Conservation, 1 du/5 ac 0 250 500 1,000 1,500 2,000 W�%:LE Feet RU, Residential Urban, 5 du/ac ��1j®� RM, Residential Medium, 9 du/ac Mep prepared 5/22/2023 $ ST. LUCIE Project Name: Rusty Hilcken Administrative Variance File Number: AVP-2305-000022 May 23, 2023 Page 4 Figure 3 - Proposed Side Setback Encroachment Photo and Survey of Lot 626 LOT 625 na 5N NO IIA N.7!'30'0 L B&OW P- FND. fi/e a go II 01. l a �\G I 4 �4.0 uu'� I(,OT ss 6 G MANUFACTURE 1,0ML •. CONCRffC & a CW EVOUCANTI } 4 WNDDW FMJ HAIL NO iI'D. ,a No aD..,H.7930'OO�E G&Ocr (P) ?.� f J� LOT 443 SET La ST. LUCIE i� ,� `... Project Name: Rusty Hilcken Administrative Variance File Number: AVP-2305-000022 May 23, 2023 Page 6 .................................................. 0 M 0 0 0 0 ...... 0 0 0 0 0 0 ...... 0 0 M a M M.■ Administrative Setback Variance Standards Of Review As Set Forth In Land Development Code Section 10.1.14.B 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 1970'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 the replacement of landing and stairs on lot 626, within Nettles Island. 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.) The landing and stairs on this mobile home existed previously on the subject property prior to the effective date of Ordinance No. 06-013. This request is to allow the replacement of the landing and stairs. 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 landings and stairs will have a side setback of seven feet four inches (7' 4") from the mobile home on lot 625. 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: Rusty Hilcken Administrative Variance File Number: AVP-2305-000022 May 23, 2023 Page 7 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 unobstructed eight feet (8') side yard setback by eight inches (8") for a total side setback of 7 feet 4 inches (7'4") from the mobile home on lot 625 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 access the mobile home. The Administrative Variance would permit an encroachment into the required unobstructed eight feet (8') side yard setback by eight inches (8") for a total side setback of seven feet, four inches (7'4"), to allow replacement landing and stairs for lot 626 in Nettles Island. The landing and stairs are a replacement for ones that have deteriorated and were unsafe. 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 unobstructed eight feet (8') side yard setback by eight inches (8") for a total side setback of seven feet, four inches (7'4") shall be valid for 12 months and shall automatically expire unless a building permit is issued within 12 months for Lot 626 in Nettles Island. Attachments: PDS Order 2023-036 ST. LUCIE