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Home My WebLink About25-004 - BOA MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5498238 06/26/2025 04:32:23 PM RESO OR BOOK 5332 PAGE 2378-2386 Doc Type: RECORDING: $78.00 BOARD OF ADJUSTMENT RESOLUTION NO. 2025-004 File No.: VAR-2412-000054 A RESOLUTION DENYING A VARIANCE FOR CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. The petition requests a Variance from the provisions of St. Lucie County Land Development Code Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements, to allow a single-family residential home to exceed the maximum 20% (2,295 sq ft.) lot coverage allowed by buildings. 2. On May 28, 2025, this Board held a public hearing on the petition, after publishing a notice of such hearing in the St. Lucie News Tribune, installing a sign on the property and notifying by mail all owners of property within 500 feet of the subject property. 3. After consideration of the testimony presented during the public hearing, including staff comments, exhibits, and the standards of review for granting variances set out in Section 10.01.02, St. Lucie County Land Development Code, the Board of Adjustment has made the following determinations: The requested Variance(s) has (have) not met the standards of review as set forth in Section 10.01.02, St. Lucie County Land Development Code and is in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan, because, a. Based on the testimony given and the evidence presented, the proposed variance - to exceed the maximum lot coverage does not result from any hardship unique to the property; b. The variances requested do not arise from a condition that is unique and peculiar to the land involved and it is created by the conditions of this Code and by the actions of the property owner or applicant; and c. The variance requested is not the minimum variance that will make possible the reasonable use of land and structures. The property is zoned and can be used for construction of a single family residence. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: A. The petition of Brian Reis, for Variance for a proposed single-family home seeks to exceed the maximum 20% lot (building) coverage by 105% within the RE-2 (Residential, Estate —2 du/ac) Zoning District, on the property depicted on the attached aerial map as Exhibit "A" and more specifically described as follows: File No. VAR-2412-000054 BOA Resolution No. 2025-004 Page 1 Legal Description: MILLERS S/D FROM INT OF S LI LOT 2 AND ELY R/W FECRR RUN N 61 DEG 30 MIN E ALG SD S LI 200.56 FT FORPOB, TH CONT NELY 85 FT, THN28 DEG 30 MIN W135FT,THS61DEG30 MIN W85 FT. THS28DEG 30 MIN E 135 FTTO POB SUBJECT TO AN ESMT OVER N 15 FT (7B) Address: 12343 S. Indian River Dr, Jensen Beach, FL 34957 Parcel ID Number: 4504-603-0009-000-3 B. Based on the evidence presented, including but not limited to the testimony presented, staff comments, and exhibits, this variance request to allow a proposed single-family home to exceed the maximum 20% lot (building) coverage by 105% within the RE-2 (Residential, Estate— 2 du/ac) Zoning District is denied. C. This Order shall become effective upon the date indicated below. An appeal from the Board of Adjustment's action must be filed with the courts of the State of Florida within thirty (30) days following the rendition of the decision of this Order in accordance with Section 10.01.07, of the St. Lucie County Land Development Code. D. This Order shall be recorded in the public records of St. Lucie County. After staff's presentation and the testimony heard by the Special Magistrate, the variance was denied by the Board of Adjustment (Special Magistrate) as contained herein. PASSED AND DULY ADOPTED this 28th day of May, 2025. BOARD 9 I�DJUSTMENT ATTEST: S U ( OU TY, F DA s Secretary Date pecial Magistrat APPROVED AS T FORM AND CORRECTNESS: l Clerk Date Asst. County Attorney File No. VAR-2412-000054 BOA Resolution No. 2025-004 Page 2 Exhibit A Reis Residence - 12343 S Indian River Dr Variance \ \ . VAR-2412-000054 =PP'-'1`'d. J ri — rJ \ . \fj-. .. i y `` - f '� �i---- -- t �-' \ .- . / .i 0 tis / \ -- i / PORT ST. o %e.� , Lu f dt: �,'� ; Subject Property , + N �y\ ; File No. VAR-2412-000054 BOA Resolution No. 2025-004 Page 3 • � nn nn� Planning and Development �o Lb'.. Q� N Services Department COu N-TY Planning Division MEMORANDUM (� L OR t ` D` A -=�ti��= TO: Board of Adjustment THROUGH: Benjamin Baker,AICP,Planning&Development Services Director Kori Benton,AICP,Planning Manager FROM: James Glover,COSS,Planning Compliance Specialist DATE: May 22,2025 SUBJECT: Petition request for Variance from the provisions of St. Lucie County Land Development Code Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements, to allow a single-family residential home to exceed the maximum 20%lot coverage allowed by buildings. ITEM NO.: 2025-4269 AGENDA NO.: 7.A. GENERAL INFOMRTAION: PROPERTY OWNER: Brian Scott Reis 29 Shore Dr. Fairhaven,MA 02719 REPRESENTATIVE(S): Steven Albequerque LUSO Construction 1421 SE Village Green Dr Port St Lucie,34952 LOCATION: 12343 S. Indian River Dr,Jensen Beach FL,34957 PARCEL ID NUMBER: 4504-603-0009-000-3 PARCEL SIZE: +/-0.23-acres; 11,475 sq.ft. FUTURE LAND USE: RS(Residential, Suburban) ZONING DISTRICT: RE-2(Residential, Estate-2 du/ac) PURPOSE: The proposed Variance seeks to allow a single-family, single-story residential home to exceed the maximum 20% (2,295 sq ft.) lot coverage allowed by buildings, for a proposed home to cover 41% (4,692 sq ft)of the+/-11,475 sq. ft.parcel in the RE-2,Residential, Estate-2 Zoning District. EXISTING USE: Undeveloped,Recently Cleared UTILITIES: Private well and septic system SURROUNDING ZONING: RS-2(Residential,Estate-2 du/ac)Zoning District 1 • Board of Adjustment Reis Residence Variance (VAR-2412-000054) BACKGROUND: The subject property is located at 12343 S. Indian River Dr, Jensen Beach FL, 34957. The property is currently vacant.The owner,Brian Scott Reis, is requesting a variance to allow a single-family residential home to exceed the maximum 20% (2,295 sq ft.) lot coverage(by buildings), for a proposed single-story home to cover 41%(4,692 sq ft)of the+/-11,475 sq. ft. lot. Exhibit 1, below,presents the location of the proposed single-family home with a covered porch on the boundary survey. Exhibit 1,Boundary Survey with Proposed Residence ��006- �,3. ' ao% oil• , zL 1 OVA\d,d �Ty r� " SIT BThO0.I K C�j1 p (�lt I .�` 6h ~\p:\-'1Atf:. 0 i Q SETN 5IeE . "A�lp, •_ QV.,1y�4�w�1988 � Ft' " "Alt N1‘ ° �t* an "/5 S r ft ' ,6 { $6p � it‘ . 2^ 'is I >s>o T1 4 yR4. C\ ,s7k I.N vt 1- 9k , . d ,,,_ .,5600t4°96 \ 0 6 010 MSCOULDNOTTO3(TTAL PIPE Z. '�,�'LP Ill' 9 \ `V�,,-Ydr 7 CIO llCCM TO FLOOD LL[vOT10M 9 •b`�`y,1a-t4 4y \ �_~ / I/O ZI141 KSS •MO IR[MIFICATOS OC, . T,0 9" "6, f INC =/O I W AIN PLASTIC w Q \pe PV PONMNLMT CONTROL POINT It MACAW OW PDX PAL IC UTILITIES AN0 DM IMF[MO[R RA NICHI-W 17 LO1 LNEA II,47b.1 • SET S/!•HIM RIM RIM PLASTIC INRINIOUS AKA 5.233.1 45 OON CAP'AN PSI NJO' p PLINIWS.RGL 6.22701 1O31 . 47k i. �L L�A 12343 SOUTH INDIAN RIVER DRIVE TGGLN'LETE BEY. 12-65 23 I 17-I-23 I SIC TIE IN FIlM4 'TOPOGRAPHIC LAST FIELD DATE: 12-19-23 The maximum allowable building coverage on the subject 11,475 sq. ft. parcel is 2,295 sq. ft. with the applicant proposing a 4,692 sq. ft. single-story, single-family home. The proposed home intends to cover 2,397 sq. ft.more of the parcel than is allowable, in the RE-2 Zoning District. Minimum Lot Size and Dimensional Requirements (RE-2, Residential, Estate-2) Table 7-10 J Lot Size and Dimensional Requirements Min Min Min Minimum Yard Zoning District Lot Lot Road Max Max Lot Size Side Height Coverage Width Frontage Front Rear Side (sf) Corner RI,-2 Residential Estate I7.000 1001i 100ft 25ft 15ft 10ft 20ft 35ft 20% 2' (41%proposed) The table above provides the minimum lot and dimensional requirements for structures within the RE-2 (Residential,Estate—2)Zoning District. Page 2 Board of Adjustment , Reis Residence Variance (VAR-2412-000054) Exhibit 2: Front Elevaton& Plan Summary for Proposed Residence PLAN INFORMATION . ,�.:- A SINGLE FAMILY RESIDENCE __!% iuI1 -7 ,-..- MODEL CUSTOM _ GARAGE SIDE LEFT �I ii"11111111111111 III�I�111!' III ELECTRICAL SERVICE TBD t a 11Q11111II;' 111IID111Q I,. 1 }_ `�'* EXPOSURE 165-D _.MI111111111111110 all iq 1 : 1 V �Ill - ,-- -'jil PLAN DIMENSIONS 64'-0"X 9-V-8" iill FiiIr. - -11Hi �r!1� AREA TABULATIONS Z` . �:nl,,�i�II . — LIVING AREA 2842 SQUARE FEET '•, : " - 3 CAR GARAGE 807 SQUARE FEET C' COVERED ENTRY 98 SQUARE FEET BACK PORCH 945 SQUARE FEET TOTAL FOOTPRINT 4692 SQUARE FEET ANOTHER BEAUT/FUL HOME BYLUSO CONSTJZOCT/ON, LLG 12343 SOUTH INDIAN RIVER DRIVE,FORT PIERCE,FLORIDA 34982 VOLUME: 31989 CUBIC FEET Exhibit 3, Detailed Floor Plan (4,692 sq.ft.proposed) . _ ��o"` . • 0i MIN i . 11111114°.' 0 . Garage - EGIED .1 _I 11 1aI I�' Porch • r•- ! •r 1rO0rM1 : .__ 11 ` - IBM Mil ,t }( ram... + FLOOR PLAN o �I 0 -� , I Page 3 Board of Adjustment Reis Residence Variance (VAR-2412-000054) The subject+/-0.23-acre or 11,475 sq. ft. lot is nonconforming as it does not meet the minimum 17,000 sq. ft. lot area, 100ft.width or 100 ft. frontage as required in this zoning district. Land Development Code 10.00.01. -Purpose. The purpose of this Section is to regulate and limit the continued existence of uses, lots, signs, and structures established prior to the effective date of this Code that do not conform to the provisions of this Code. Xonconformities may continue, but the provisions of this Section are intended to curtail substantial investment in nonconformities and to bring about their eventual elimination, when appropriate, in order to preserve the integrity of the zoning district. Definitions: Lot of Record:As used in this Code, a lot of record shall mean: 1) Any contiguous quantity of land that is part of an approved subdivision recorded in the Office of the Clerk of the Circuit Court; or 2) Any contiguous quantity of land which is capable of being described with such definitiveness that its location and boundaries are established, and which has been so recorded in the public records in the Office of the Clerk of the Circuit Court prior to January 9, 1990, unless otherwise considered to be a nonconforming lot of record as described in Section 10.00.04 of this Code; or 3) Any contiguous quantity of land which is the subject of an agreement for deed or other instrument of conveyance properly executed prior to January 9, 1990, and which describes the parcel with such definitiveness that its location and boundaries are established and recognized by Florida Law, unless otherwise considered to be a nonconforming lot of record as described in Section 10.00.04 of this Code. Lot Coverage: The total horizontal ground area of a lot covered by all buildings or structures on the lot not open to the sky. ENVIRONMENTAL REVIEW: Background The Environmental Resources Department (ERD) is in receipt of the December 6, 2024, date-stamped submittal, transmitted on December 16, 2024, with comments due January 16, 2025, from Planning and Development Services. The applicant is seeking approval of a variance to allow construction of a single- family residential home utilizing 41%of the lot's total area. The project is located at 12343 S. Indian River Dr. in Jensen Beach and is currently vacant on a 0.23-acre lot (Parcel ID 4504-603-0009-000-3) zoned Residential, Estate-2(RE-2). Findings The proposed variance is not anticipated to result in any adverse environmental impacts. If any site development activities are proposed,ERD will conduct further review through the site plan or building permit review process. Recommendation ERD has no objection to the approval of the referenced variance. Page 4 Board of Adjustment Reis Residence Variance (VAR-2412-000054) **************************************************** STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 ST.LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a variance from the St.Lucie County Land Development Code,the Board of Adjustment shall consider and make the following determinations: 1. The variance requested arises from conditions that are unique and peculiar to the land, structures, and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved would result in unnecessary hardship for the owner,lessee,or occupant,as distinguished from a mere inconvenience,if the Provisions of Chapter 7 are literally enforced;that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Chapter 7, of this Code,and not by an action or actions of the property owner or the applicant. The variance,to the extent requested, does not arise from conditions that are unique and peculiar to the land or physical surroundings as defined in the St. Lucie County Land Development Code. The lot is not irregularly shaped and is similar in shape and size to the adjacent properties. The lot, at 11,475 sq. ft. in area, is less than the minimum 17,000 sq. ft. lot area prescribed for the RE-2 Zoning District, therefore the application of a 20% coverage limit does constrain the home footprint to less than a lot conforming to the minimum standard, however 20% coverage of a minimum RE-2 lot would yield a 3,400 sq. ft. home footprint, whereas the applicant is requesting a 4,692 sq. ft. single-story home. 2. The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located,nor impair an adequate supply of light or air to adjacent property,substantially increase the congestion in the public streets,increase the danger of fire,create a hazard to air navigation,endanger the public safety,or substantially diminish or impair property values within the neighborhood. Granting the requested variance is not anticipated to directly harm other properties or improvements in the neighborhood,nor is it expected to impair an adequate supply of light or air to adjacent public streets, increase the danger of fire,or endanger the public safety,and therefore should have minimal negative impact on adjacent properties. However, it is important to note that there are few viable options for effective on-site stormwater retention or diversion in light of the proposed 41% impervious surface coverage. The absence of a mitigation strategy increases the risk of uncontrolled runoff onto adjacent properties. A stormwater grading plan is required for all infill single-family homes(Ordinance 2022-2),whereas the proposed structure placement and area requires design incorporation. 3. The variance requested is the minimum variance that will make possible the reasonable use of the land,building,or structures. The variance requested does not represent the minimum necessary to enable reasonable use of the property. Even without the variance, the property owner would still be able to construct a single- family home within the existing development standards.A reasonably sized single-story home—or a comparable two-story design—could be accommodated within the 20%lot coverage limit,consistent with established zoning requirements and the character of the surrounding neighborhood. Page 5 Board of Adjustment Reis Residence Variance (VAR-2412-000054) Alternatively, as highlighted above, the proposed 4,692 sq. ft. single-story home on this non- conforming 11,475 sq. ft. lot would exceed the maximum 20% lot coverage(3,400 sq. ft.) for a lot which that met the District's minimum 17,000 sq.ft.lot.The proposed variance for this single-family home exceeds this minimum"typical"building envelop in the RE-2 Zoning District by 1,292 sq. ft. A two-story design or modified single-story design size could comply with the dimensional criteria for site development,with example alternatives below: • Single-Story Home, inclusive of garage and covered porch,at 2,295 sq. ft. • Single-Story Home, inclusive of garage, with screen porch, at 2,295 sq. ft., as screened areas without a roof impervious to weather are not included in "lot coverage"; or • Two-Story Home,4,590 sq. ft. in area,with a 2,295 footprint(lot coverage). Narrowing the garage to a standard "two car" size, and transition of the rear covered porch to a screened enclosure would bring the proposed home size more in line with the allowance for a home on a minimum,typical, RE-2 lot. 4. The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The variance conflicts with the St. Lucie County Land Development Code Section 7.04.01. Pursuant to Section 7.04.01, which states, "No structure shall be constructed on a lot that is less than the minimum lot size and dimensional requirements as shown in Table 7-10 for the zoning district in which it is located". The proposed single-family home conflicts with the maximum allowable 20% lot coverage requirement. As stated above,the scale and extent of the home design exceeds the minimum that will make possible the reasonable use of the land,and exceeds the allowance for a lot which would adhere to the minimum RE-2 Zoning District Standards,with no indication of design concessions or alternatives to comply with the Land Development Code. RECOMMENDATION: The variance is not the minimum variance that will make possible the reasonable use of the land, and does not qualify as a hardship as defined in the St.Lucie County Land Development Code.Staff has reviewed this petition and determined it does not conform to the standards of review as set forth in St.Lucie County's Land Development Code Section 10.01.02. Staff is therefore recommending denial of the requested variance. Page 6