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Home My WebLink About26-046 MICHELLE R.MILLER.CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 5669556 09/16/2026 12:45:04 PM OR BOOK 5531 PAGE 1479-1484 Doc Type:ORD RECORDING: $52.50 PDS ORDER 2026-046 File No.: WLDC-2604-000001 AN ORDER GRANTING A WAIVER FROM SECTION 8.00.05.(A.) FENCING REQUIREMENTS FOR A SWIMMING POOL FOR PROPERTY LOCATED AT 3720 ANACOSTIA PLACE, FORT PIERCE, FL. WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed the request to reduce the fencing requirements for swimming pools in accordance with Land Development Code (LDC) Section 8.00.05.(A.) for the property located at 3720 Anacostia Place, Fort Pierce, FL and has made the following determinations: 1. The applicant, Michael Mckercher, representing FJL Holdings, LLC., is requesting a waiver from the fencing requirements for swimming pools, as outlined in Land Development Code Section 8.00.05.(A.) — Swimming Pools. The 0.65-acre parcel is located on South Hutchinson Island, east of Highway A1A, on Anacostia Place, in Fort Pierce, FL. The subject property is located in the HIRD (Hutchinson Island Residential District) zoning district, and it has an RU, (Residential Urban, 5du/ac) Future Land Use designation. 2. On December 19, 2000, the Board of County Commissioners of St. Lucie County, Florida, approved the Major Site Plan for the project known as Anacostia Subdivision through Resolution No. 00-139, presented as Exhibit "A". 3. On January 7, 2025, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 2025-03 which amended the Land Development Code's requirements for pool fencing and granted the Planning and Development Services Director the authority to allow, after a full analysis of all potential impacts, for reductions to and waivers from these requirements. 4. The Development Review Committee reviewed and performed an analysis of the request for the waiver and has determined the following: the request has met the provisions for relief set forth in LDC Section 8.00.05.(A.) and is in substantial conformity with the spirit and intent of the Land Development Code and Comprehensive Plan. B. A. The pool and spa will be constructed on an elevated deck approximately 2 feet 8 inches above the maximum adjacent finished grade, with access from the yard directed to the designated stairway shown on Exhibit"C."There will be a removable mesh pool safety barrier meeting the Florida Building Code requirements surrounding the pool, and all doors and windows leading to the pool will have exit alarms capable of producing at least 85 dBA at 10 feet, in accordance with Section 515,27 F.S. WLDC-2604-000001 PDS 2026-046 Page 1 of 6 5. Based on the foregoing, and subject to the conditions set forth in Part A of this Order, the Planning and Development Services Director finds that the removable pool safety barrier, exit alarms, elevated pool deck, and designated stair-access configuration, when collectively installed and maintained as required by this Order,will provide protection equal to or greater than the four-foot-high permanent fence required by Land Development Code Section 8.00.05.A. NOW,THEREFORE, BE IT ORDERED: BY THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR OF ST. LUCIE COUNTY, FLORIDA: B. Pursuant to Ordinance 2025-03 and the St. Lucie County Land Development Code, the request from Michael Mckercher, representing FJL Holdings, LLC, for a waiver to reduce the fencing requirements for a swimming pool in the HIRD (Hutchinson Island Residential District) zoning district is hereby approved subject to the following conditions: 1. The property owner shall maintain the integrity of established Dune Preservation Zone and shall comply with Land Development Code 7.09.04.1. and 7.09.04.M. 2. The difference in elevations between the pool deck's elevation and the finished grade of the yard will be maintained. 3. The mesh pool safety barrier will be designed, installed, and maintained to meet Florida Building Code, and the alarms will be maintained to ensure continued functionality. C. The property on which this deferment is being granted is described as follows: Legal Description: BEING ALL OF LOT 6, ACCORDING TO THE PLAT OF ANACOSTIA, AS RECORDED IN PLAT BOOK 43, PAGE 1 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. CONTAINING 0.65 ACRES, MORE OR LESS. Address: 3720 Anacostia Place, Fort Pierce, FL 34949 Parcel ID: 2519-800-0011-000-5 D. The waiver granted by this Order applies to the property described in Part B, shall run with the land, and shall be binding upon the property owner and all successors in title or interest for as long as the swimming pool or spa remains on the property. The waiver may be relied upon for the purpose of obtaining construction permits from St. Lucie County, subject to compliance with all conditions of this Order. E. Nothing in this Order shall be construed to waive or modify any applicable requirements of the Florida Building Code, Chapter 515, Florida Statutes, or any other applicable federal, state, or local law. F. The developer is advised as part of this approval for 3720 Anacostia Place, including any successors in interest, the developer shall obtain all applicable development permits and WLDC-2604-000001 PDS 2026-046 Page 2 of 6 construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, Florida Department of Environmental Protection, South Florida Water Management District, and St. Lucie County's Environmental Resources and Building Departments prior to the commencement of any development activities on the property described in Part B. Issuance of this approval by the County does not in any way create any rights on the part of the developer to obtain a permit from a State or Federal agency and does not create any liability on the part of the County for issuance of this approval if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a State or Federal agency or undertake actions that may result in a violation of State or Federal law. G. The conditions set forth in Part A are an integral non-severable part of the Administrative Relief approval as granted by this Order. If any part of the condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the Administrative Relief approval granted by this order shall become null and void. H. A copy of this Order shall be placed on file with the Planning and Development Services Director and mailed to the developer or agent of record as identified on the written request for this waiver. This Order shall be recorded in the Public Records of St. Lucie County. This ORDER effective the U day of Ser46%‘d (1, 2026. PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA BY Ben in Balcer, AICP APPROVED AS TO FORM AND CORRECTNESS: k.7777- BY County Attorney WLDC-2604-000001 PDS 2026-046 Page 3 of 6 CD tO CD 0 6 1. c., a.) a ,-„, ...... c\I cz u) 0- Ak..350 I PLATFAGE_......v....A_BooK..,..r: ANACOSTIA0.. A SUBDIVISION LYING IN SECTIONS 19, 20, 29 & 30, TOWNSHIP 35 SOUTH, RANGE 41 EAST, SOUTH HUTCHINSON ISLAND, ST. LUCIE COUNTY, FLORIDA LEGELEI . --......-- CD ! ,. , UNPLA T.I,.ED ACREAE omits , „)-Wi=a „_ —I I' --.1* ..„, ..0 ‘, s%..t. . \ (4:'—- , \ ',.31.*L'T....7.:'14 ,," \ 11..,i st i I: ,atrA 1 . .1 ‘ .•t\ 1\‘i,,.......,... ! \ ,N; ig.,,,;.„. ,.,.....,c., , „ , \ \ ' i . ‘1,-, cor4.'5E1IVA TIM E h SEktf.14 I 908* t 7 11 .,/ {9 R.F-1001, 1274,Pt(:. :Pr„,2) \ }''‘'' '' >.' .., 0. / .• 0 EINL,-2'; 'R-A1,-,.i ;. TRACT^re ', \' ‘, ,,,- \;':,:ig- -41, il < 0. , l ,.. UNPLATTED ACREAGE L A ''', !, Ant! ' . \P #2 MIS EF PLAT AW7,11 %SA\\\n , aitiffi '"--" -- =1:.:.! V'}" 7 ..r...,' .. . .........., 5 .i., .x,....'5 I M PARt[ #4 \,1.W \\, X Cl) % ‘1,435:‘,'1 T','.''`... ,„, 27' III C '.v.,-..'',. s -Ifr.,•7 __________ - -----Mi-- 4.• -..... - ... '',' , -............- -' un p,,,, -• - 1, .., , C I (USDA ACE ,‘,7 7• \‘ 4\,i t,1 i"1I V,,„,\...2•f.,\'.,,-,-,.'‘k,,', \'g/ ,.,14!,"1-,:-Z,',-,,,-,S••,,-'-.,*-',,':,.-,',,,,—4",G.V n,,,,t-iag,,,',%=.'. ,\), -A % -- Cl) " 01 .". ,AW, •5 cOli,,ERVA.PON L'VIVMENT 4, A CO - , {r}F., NOOK 12 II PA)) 7952, MCI.C" 1, Cr) /4. \ LW fle 5 . - — . 1 ' UMIIS OF PLAT\ ,1,.:.",,&,... • '-' 0 \WITS OF PLAT 0 :\''ta., &Ii PII PAM Bt. 0 UPIPLATIED ACREAGE 111 AIRLHAEL I OTEIL P%1 140,5550 0 C M ING LAPEPFER& IM ,1110 0..B.4218) ERPO 90001 2510&WET 0 4 \ \ FORT PIERCE,MCORP 3.0182 j 0 CO c., 6 a _1 EXHIBIT "B" Left Elevation of Proposed Home and Pool Il y 'R as 8 8 to ri!I any -�. .' i.«CM .11 $m801 f 1 awn *1 CEOV :41011 1-- I.MI 1110111111111811001 0/01 E IS L PPP ( , "- 1. / I WLDC-2604-000001 PDS 2026-046 Page 5 of 6 EXHIBIT "C" Proposed Pool Barrier & Stairs PROVIDE REMOVABLE BABY FENCE COMPLYING WITH R4501.17.1.12 THROUGH R4501.17.15 REFER TO POOL BARRIER CODE NOTES IN PAGE A-1 TOTAL PERIMETER: 106' r PROPOSED STEPS 1 ----r��,----- ♦T.TT�T• L15• 'LT41T••rr••T•i_•••r -^f SEAER.LJNETSEWE* R.LINE--.3EV E4"LINE-r- SEWER.LtHE ' . ' .-. '. .• .' . - .. N I .-" :- �7 • • • EXTERNAL ♦ • �". • • �f-�Gt:,,, .' . . ' . - • BATH _ " U.S.P. i PROPOSED • ♦ 1., N POOL DECK - - PROPOSED ~ THREE-STORY RESIDENCE 03720 °' • • • F.F.E=6.05' NA%I 0 0 0 0 • •.• •• . -BY OTHERS- ' ' 101' -UNDER MASTER PERMIT- • • _0 .•: • :• /\ r --4 o . • • • • • &PROPOSED (5 0 • • •.. • MAIN PANEL POOLSPA • • •PM. . ELEC. +• ••:::� ELEC. PNL -HP2• // -g ; 8 .P i.1A:• / COVERED d • /�$ - • •- �OIVERE�D YILANN r •• •••• • ', �• 11 15•-10• 0 0 0 0 • ••. •. i WLDC-2604-000001 PDS 2026-046 Page 6 of 6