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Home My WebLink About24-072 PDS ORDER NO. 2024-072 File No. SFRVAR-2407-000028 AN ORDER GRANTING AN ADMINISTRATIVE VARIANCE FOR PROPERTY LOCATED AT 5713 MYRTLE DR. IN 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. Petition by Michelle &Thomas LoBrutto for an Administrative Variance from the provisions of Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements of the St. Lucie County Land Development Code to allow an existing above ground pool (after the fact) up to 4.5 ft. within the required 15 ft. rear yard setback, proposing a 10.5 ft. rear yard setback for property located at 5713 Myrtle Dr. Fort Pierce, FL, and further described in Paragraph "B", within the RS-4 (Residential, Single-Family -4) Zoning District. 2. On July 12, 2024, Planning & Development Services staff notified by mail all owners of property within 500 feet of the petition site and the applicant installed a sign on the subject property in accordance with Land Development Code Section 11.00.03. 3. The Administrative Variance provides for a rear yard reduction from 15 feet to 10.5 feet for an accessory structure (pool), representing less than a 35 percent reduction of the minimum required setback. The encroachment into the minimum required rear yard (setback) is up to 4.5 feet for the above ground pool as depicted on the boundary survey submitted to the Planning & Development Services Department on August 8, 2024. 4. After consideration of staff's analysis found in a memorandum dated October 24, 2024, entitled 5713 Myrtle Dr. Administrative Variance SFRVAR-2407-000028, including exhibits and the standards of review for granting administrative variances set out in Land Development Code Section 10.01.14.C., the Planning & Development Services Director has made the following determinations: The requested administrative variance meets the standards of review as set forth in Section 10.01.14.C. of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan, because: a) There were 74 notification letters and response forms mailed to owners of property within 500ft., and less than 10% of noticed owners objected to the proposed administrative variance; b) The requested encroachment will not have an undue adverse effect on adjacent property, does not encroach into any easements, common areas, or environmentally sensitive areas; MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5405939 11/06/2024 01:08:49 PM OR BOOK 5230 PAGE 1441-1443 Doc Type:ORD RECORDING: $27.00 File No.: SFRVAR-2407-000028 PDS No. 2024-072 Page 1 c) The request does not impair or otherwise injure other property values or improvements in the area in which the subject property is located. NOW, THEREFORE, BE IT ORDERED by the Planning & Development Services Director: A. Pursuant to Section 10.01.14C., LDC, the 5713 Myrtle Dr. Administrative Variance is hereby approved as described herein, and generally depicted in Exhibit A as attached herein. The administrative variance approval provides the setback variance for the specific footprint and the type of structure shown on the approved survey; does not reduce or waive any other required setbacks for any future structures or additions. Upon issuance of the building permit pursuant to this administrative variance approval, the variance remains for the type of structure in the specific footprint in perpetuity and runs with the land. B. The property on which this approval is being granted is generally described as: LOT 29 IN BLOCK 60 OF INDIAN RIVER ESTATES UNIT 8, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 10, PAGE 73, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. PARCEL ID: 3402-609-0307-000-4 C. This variance shall expire twelve months (12) from the date of adoption unless a building permit is approved or an extension is granted in accordance with Section 10.01.06, of the St. Lucie County Land Development Code. D. This Order shall become effective upon the date indicated below. An appeal from the Planning & Development Services Director's action may be submitted within thirty (30) days, in accordance with Section 10.01.14.C.9. of the St. Lucie County Land Development Code. E. This Order shall be recorded in the Public Records of St. Lucie County. 5 ' ORDER effective the L` day of October, 2024. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY, FLORIDA BY Benj in Balcer, A P APPROVED AS TO FOR AND CORD CTNESS: BY County Attorney File No.: SFRVAR-2407-000028 PDS No. 2024-072 Page 2 Exhibit A 'NA OF SURVEY: 8DUNDARY PLOT PLAN U/C TIE IN FCUNJA110tS FINAL COMPLETED ON; 1-10-18 9-27-18 1-15-19 7-10-19 LEGAL DESCRIPTION: A ,R_ SURVEYOR'S REPORT: LOT Ii IN BLOCS 10 CF 110IAN RIStN IFS I ,.LBWS OTNEWISC SATED ONLY PUTTED EASEMENTS ARE 1STATTS WIT 6. ACCORDING TO TIC 316711 11E1E26. PUT MOON AS NECaCED IN PLAT 2 10 UO[RGOUO UTILITIES OR 11114110VLTCKS ACRE BOOK 10. PACE 73. OF THE PI/LIC G. LOCATED Miss 0T1ERU15C 511Dr1 400m5 CF GT. LUCIE CaMT1. FLORIDA. ^ 3 MIS SITE LIES emu.,FLOM ZOC'II'.ACCORo1AO To TIC nagII21 CE WTI NAP. r•NPAMITY PAWL NO. 121'1CO28I J.EFFECTIVE DATE FEI8AARY IE. 2012. ` 1. FLOW20K SIRERUNI RERUN IS AR INTERPRETATION CI TIE o SURVEYOR MO IS P,00NICCO AS A COURTESY. 11E FLOOD ABEIREVIAT IONS: 20K STOLID OE N[RITIEO W A aR1Y1RATI0N ACEICY. I ICARI ICS Slow IURCa AID MSFD W THE EAST LINE cF � CCORR.Ca1w Kf ALT'o"PE°"E k 1.01 21 ASSMCD TO 6EAl 500'02'04'E. 6.ALL K0 LOT 016Ia6 PLAT SWAN ARC KR AT IRL6S 06 WALD POT SET ^ 01) 15E NOTED.ALL SISK, ICASIAD,O13 ARE 14 COIL PO RC FINISHED FLOOR ELEVATION 7 ALL IIAPPFD FFATUKs 11001 TET N ARE Uctl ME nO FOUL 5/6' IRON REMIT DIRECT SUPERVISION Alp 11E3Pa6II CR ILITY OF ALAICER R IRE 3/5' IRON REEUI WITH PLASTIC CAP J PIAZZA INN. INC. -6/1' WOK MAR a. SLOVEN IMP Alp REPORT CC THE COPIES T10Cff ARE MITIR ISM-P 14 C AR 7AL1D 1ITNM THE SIGRATIRIE ANO ORIGINAL RAISED PL -PROPERTY LINE / AOoDIrION6 FLORIDA9 LIETI06 TO TIE TONEY MAP NSED SLINITIEN OOR IIEPORT PURE-PUBLIC UTIL IT Ili Al0 MAI MACE EASDCIT Of OTTER TI40. TIC SICNINE PARTY OR PARTIES IS 0/N -RIOI0T- -NRY PROII4ItED■ITIOUT COLSCIT CIT TIC SIGNING PARTY OR • =SET 5/6' 140N WHO RIM 0LA571C PARTIES. CAP'*JP PAR 67.0' EDP ' 1 CITY WATER & PRIVATE SEPTIC C I go $ Jg I j . 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