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HomeMy WebLinkAboutBOA 032019 Agenda PacketSt. Lucie County Board of Adjustment Administration Building Commission Chambers AGENDA March 27, 2019 9:30am CALL TO ORDER • Pledge of Allegiance • Roll Call • Announcements AGENDA ITEM 41 — Public Comment AGENDA ITEM #2 — Petition of James Orlando for a variance from the minimum building setback requirements of the RS -2 (Residential, Single Family — 2 du/ac) Zoning District. • Exhibit #2: Staff Report and Presentation by Bethany Grubbs, Planner I • Action Recommended: Denial AGENDA ITEM #3- Board of Adjustment's continuance of the petition of Ashley Erickson from the January 23, 2019 public hearing. • Exhibit #3: Staff Report and Presentation by Linda Pendarvis, Development Review Coordinator • Action Recommended: Denial AGENDA ITEM #4 — Board of Adjustment's continuance of the petition of Michael Chesanek from the January 23, 2019 public hearing. • Exhibit #4: Staff Report and Presentation by Kori Benton, Senior Planner • Action Recommended: Denial AGENDA ITEM #5 — Board of Adjustment's continuance of the petition of Dianne Soldevilla from the February 27, 2019 Public Hearing. • Exhibit #4: Staff Report and Presentation by Kris McCrain, Associate Planner • Action Recommended: Denial OTHER BUSINESS • 2/27/19 BOA meeting minutes are to be voted for approval at 4/24/19 BOA Meeting ADJOURN NOTICE: The proceedings of the Board of Adjustment are electronically recorded. PURSUANT TO Section 286.0105. Florida Statutes, if a person decides to appeal any decision made by the Board of Adjustment wdh respect to any matter considered at a meeting or hearing, he vall need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to he based. Upon the request of any party to the proceedingr individuals testifying during a hearing will he sworn in. Any party to the proceeding will he granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary. a public hearing may he continued from time to time as may he necessary to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the SL Lucie County Community Services Manager at 772-4E2-1777 or TOO 772-462-1428 at least forty-eight (48) hours prior to the meeting. Any questions about this agenda may he referred to the St Lucie County Board of Adjustment at 772-462-2822. Form No. 07-37 Planning and Development Services Department MEMORANDUM TO: Board of Adjustment THROUGH: Mayte Santamaria, Assistant Directo Linda Pendarvis, Development Review���_ Co333��o rdinato FROM: Bethany Grubbs, Planner�S DATE: March 16, 2019 SUBJECT: Petition of James Orlando for a variance from the minimum building setback requirements of the RS -2 (Residential, Single -Family — 2 du/ac) Zoning District. ITEM NO. IF— PROPERTY OWNER: James Orlando 1640 South Ivy Trail Baldwinsville, NY 13027 Agent: Louis DiMartino 1510 Latham Road, #5 West Palm Beach, FL 33409 LOCATION: 7678 Wexford Way, Port St. Lucie, FL 34986 PARCEL ID: 3321-801-0018-000-3 ZONING DISTRICT: RS -2 (Residential, Single -Family — 2 du/ac) FUTURE LAND USE: RS (Residential Suburban — 2 du/ac) PURPOSE: Petition of James Orlando for a 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 a proposed screen enclosure, inclusive of a pool house, to encroach a maximum of 12.75 feet into the required minimum 15 foot rear yard setback for a property located at 7678 Wexford Way, in the RS -2 (Residential, Single -Family — 2 du/ac) Zoning District. EXISTING USE: Single -Family Residence Board of Adjustment Petition: Orlando Variance March 15, 2019 Page 2 of 6 ADJACENT LAND USE/ ZONING/ USE: Direction Future Land Use Zoning Existing Use(s) North N/A N/A Reserve Blvd — 2 lane road South RS (Residential RS -2 (Residential, Single-family residence Suburban — 2 du/ac) Single -Family — 2 du/ac) East RS (Residential RS -2 (Residential, Single-family residence Suburban — 2 du/ac) Single -Family — 2 du/ac) West RS (Residential RS -2 (Residential, Single-family residence Suburban — 2 du/ac) Single -Family — 2 du/ac) BACKGROUND The subject 0.83 -acre parcel is located within the Reserve Plantation Phase 1 Subdivision, at 7678 Wexford Way, Port St. Lucie. The zoning of this property is RS -2, with a RS Future Land Use Map designation. The petitioner is requesting a variance to reduce the required 15 foot rear yard setback by 12.75 feet, allowing for a 2.25 foot setback for a proposed pool screen enclosure, inclusive of a pool house. The Reserve Plantation Phase I Subdivision was platted in 1985 (Plat Book 24, Page 20). The rear yard of the property abuts Reserve Boulevard, the subdivision's main thoroughfare. The property is improved with a pool and existing screen enclosure that complies with the dimensional standards of the Code. The applicant is proposing to expand the screen enclosure, additionally encompassing the pool house. As a result of the expansion, the proposed screen enclosure will encroach 12.75 feet into the required 15 foot rear setback. The applicant has submitted an application for a variance from the provisions of Section 7.04.01(Table 7-10), of the St. Lucie County Land Development Code to request a 2.25 foot rear setback. While reviewing the application submittal, staff noted that there is a non -conforming accessory structure, a pool house, also encroaching into the rear setback. The 337 sq. ft. pool house was constructed in 1993 and approved under BP#9300171. The current boundary survey depicts the pool house structure 6.7 feet from the rear property line, resulting in an existing 8.3 foot encroachment. The current property owner purchased the property in 2018, with the improvements already in place. The following table provides the minimum setback requirements for structures in the RS -2 Zoning District, along with existing site conditions, which are depicted in the attached boundary survey. RS -2 (Residential, Single -Family — 2 du/ac) Minimum Dimensional Requirements Minimum Building Setback Required Proposed Screen Enclosure Existing Pool House Rear Yard Setback 15 feet 2.25 feet 8.3 feet Board of Adjustment Petition: Orlando Variance March 15, 2019 Page 3 of 6 Excerpt of boundary survey depicting the existing conditions and requested variance. Area of •saese.ma greatest F. S.Wlk Impact ,Q®,u,,,, %: \ \ i d ♦ \ L � tiof 1, l \ /i/ / v �JSi i ''�♦ ♦♦ i , �� ♦♦ Q'r�j 4E -'.� V� { �� h V �hUgf994ty �'' / h r l cq. h M4 ,, `\ o Zoom-in of rear yard area of greatest impact. ��,E� piENEO ms`s .� 4Su'Py1 \ \ Board of Adjustment Petition: Orlando Variance March 15, 2019 Page 4 of 6 +++++++++++++++++++++++++++++++++++++++++++++++++++++++ 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: 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 applicant has submitted a boundary survey prepared on November 8, 2018, which reflects the existing single-family residence with all site improvements; existing pool with screen enclosure, existing pool house, and the proposed screen enclosure. The RS -2 zoning district requires all structures to have a minimum 15 foot setback requirement from the rear property line. The property owner is requesting a variance for a maximum of 12.75 feet from this 15 foot setback requirement, to expand the screen enclosure to encompass the pool house. The variance does not arise from conditions that are unique and peculiar from the land and physical surroundings that would result in unnecessary hardship for the owner. The platted lot is not irregularly shaped and is similar in shape and size as the adjacent properties. It is the desire or actions of the property owner to construct the proposed, expanded screen enclosure within the required minimum rear yard setback. 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. The screen enclosure is located behind the applicants' single-family residence. The proposed screen enclosure structure will abut the rear property line adjacent to the 50 -foot landscape buffer/right-of- way on Reserve Boulevard. The granting of the requested variance is not expected to harm other property or improvements in the neighborhood, impair adequate supply of light or air to adjacent properties or streets, increase the danger of fire, or endanger public safety. The applicant received the PGA Village Property Owner's Association Architectural Review Committee approval on October 5, 2018 for the expansion of the screen enclosure, to encompass the pool house, along with the additional requests to change the frame color from bronze to white, and replace the cracked sidewalk. 3. The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structures. The requested variance is not the minimum variance necessary to make possible the reasonable use of the land, building and structures. The provisions of the St. Lucie County Land Development Code (LDC) did not prevent the construction of the existing swimming pool and screen enclosure. It is the Board of Adjustment Petition: Orlando Variance March 15, 2019 Page 5 of 6 desire of the property owner to install these improvements in a manner that do not comply with the minimum setback requirements of the RS -2 zoning district. A screen enclosure extension is not necessary to make possible the reasonable use of the land, building, or structures. 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 desired is opposed to the general spirit and intent of the St. Lucie County Land Development Code. Section 7.04.01 of the St. Lucie County Land Development Code establishes minimum building setbacks and deviation from the minimum building setback requirements is in conflict with the requirements of the Land Development Code. Staff has reviewed this petition for a variance and determined that it does not conform to a strict interpretation of the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. RECOMMENDATION Staff recommends denial of the requested variance as it does not arise from conditions that are unique and peculiar from the land and physical surroundings and are created by the actions of the property owners. Board of Adjustment Petition: Orlando Variance March 15, 2019 Page 6 of 6 SUGGESTED MOTION TO APPROVE/DENY THIS REQUESTED VARIANCE: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF JAMES ORLANDO FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01 (TABLE 7-10), OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO ALLOW A PROPOSED SCREEN ENCLOSURE. INCLUSIVE OF A POOL HOUSE TO ENCROACH A MAXIMUM OF 12.75 FEET INTO THE REQUIRED MINIMUM 15 FOOT REAR YARD SETBACK FOR A PROPERTY LOCATED AT 7678 WEXFORD WAY BECAUSE....... (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF JAMES ORLANDO FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01 (TABLE 7-10), OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO ALLOW A PROPOSED SCREEN ENCLOSURE, INCLUSIVE OF A POOL HOUSE TO ENCROACH A MAXIMUM OF 12.75 FEET INTO THE REQUIRED MINIMUM 15 FOOT REAR YARD SETBACK FOR A PROPERTY LOCATED AT 7678 WEXFORD WAY BECAUSE....... (CITE REASON WHY - PLEASE BE SPECIFIC) oom<o n9Cn<ouriOF] nnLID u(In oT_uori[IM uuuy uompO N 3 NN'O, <<>uKKOJ TTTT TT -OTT J D' d d 2 j=? o a d d N N N=55W N Nj d T 0 0 0 0 o w V�mv O o g �H 0 DD (/1= ti j o N c m m .- a n= dd�333nnnODDDDDD(n a vm7w l(Olc u 7D N35 F-im< mZNc Nc ONN _Y^0 C) 0. 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N n m o n N O 2 m < m T Q V J ❑uu@Vaau e>_ >3 O 0 N m a ryr a D n D b y N N O n C O r0 O li a a V e d a m n O of 5 O jp' d� 0y [XJX v N �p p N d N n O p 'Toar Q n v 3 c d n O C ry U J O » N d a J a v m] N p C 3 a o Ng O m 3 ,d m 7 y p N < 3 m o 3 i c J o p o m D b A o N d N c � d N J V]id O d_ 2 d J n O J J N _• ; \� \ - / _ & \ 0 \ ( / \ w Q4 as c � \\\}\\} - m {b(f!±! \ & fi / _ j �22z71= X. \ ( J \ } w ; OR Iw / / » \ \ /[ y \ 0 \ ( / \ w - m \ & fi / _ j \ } \ § � i OR Iw / / » \ \ /[ 3 n O 30 0 no o T m�o�r o � r m Nn�m N�NO� wn �N N � O d9m� am t m m Supplement 2 Variance Application Supplement Refer to St Lucie County Land Development Code (LDC) Sector, 10.01.00 for details I (we) do hereby petition the St. Lucia County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LCC from which the vtina i is requested.) iGrS-�,L ..,�rc�5rt- 3,3.-t�;��KtT� 7G. 2, What Is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: I 3. State the specific hardship mposed on the owner oy the LDC? ✓rte =w. ch—c. � i%.tA � C-aint �CG I (Jc r �� 7 t %�S �r_�..�-cC.� 4. State reasons why this hardship is unique to the owner and why other property similarly situated aces not suffer from the same hardship. 5. State reasons why this variance will not be injurious to other property anclor improvements in the neighborhood in which the subject property is posted. 6. Stale reasons why this variance will not increase traffic, the danger of fre, or impair property values in the neighborhood in which the subject property is located. {'-F 63 7, 7. State why this variance is the minimum variance that will make possible a reasonable us1e.. of the land. building and structures. Page t or Revised Feona, i. 20'9 Supplement 2 8. Explain how this proposed variance is consistent with the general slant of the LDC and the St. Lucie County Comprehensive Plan. 1�71F1 9. Is this va . request located within a Homeowners or Property Owners Association? VE NO If yes, then letter is required. • For any variance request within an area that has a Homeowners or Property Owners Association, a letter from that Association 'rs required stating their position regarding the variance request. 1 10. Name of Association `J/= �^ b ��� C �<=t; ` 11, Is there a letter from that association attached?YES NO • Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to urdersland this application. Pt (1 S e's 65 r-��y a--r�vw4. r.h • Per LDC Section 10.01 04(A)(7) If the variance Is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to :he effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. C I P, • Except for non-residential accessory structures in AG -1. AG -25 and AG -5, d the application is for 100% variance from the road frontage requirements, proof of recorded legal access shall be famished with the application. 12 I A • I (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared ro answer these questions at the public hearing. Applicant or Agent Name (printed) Signature Page 1 of 3 3e•isce7r,c,.ry 5. 2013 H E- P'-A7 v P�arcd by an_d_ictwroto: Susan Prill K 'Fide Company, LLC 8301 1fol Icy free TraiI Porl St. Lucie, fl. 3498( Pile Number: PR 18102 (Spa It A bco e'Ili is tine Por Kec oud ing Data l Warranty Deed This Warranty Deed made this kn_ _clay of April, 2015, between John f3eaumicr an unmarried person and Pierre f3eaumicr, a married person whose post office address is 534 Pandora Avenue, Unit 101 Victoria, HC V8W IN6, grantor, and James .I. Orlando, a married person whose post office adores.s is 1640 S. Ivy 'frail, Baldwinsville, NV 13027,grantec: (Whenever used herein the terms "grantnr" and "grmtce" include all the parties to ll, is insoumenl and the heirs, legal rcgresentali ves. and assigns of individuak and the successors and assigns of corporations. trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of 3 EN AND NO/ 100 INCH. I.ARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained. and sold to the said grantee, and grantee's heirs and ass igns forever, the Follow ing descr ibcd land, situate, lying and being in the St. Lucie County, Florida, to -wit Lot 18, RESERVE PLANTAXION PHASE I, according to themap oplat thereof, as recorded in Plat hook 24, Page(s) 20, of the public Records of SL Lucie County, Florida. Parcel Identification Number: 3321-801-0015-000-3 lire herein described property does not Constitute nor is it contiguous to the homestead property of the Gran tors, further G rancor Pierre Beau Mier resides at: 77 Main Street South, B ram pton, Ontario, Canada L6Y IM9. Together with all the tenements, hercd itantc tits and appurtenances there i n bel otgi ng or i n anywise appertai n ing 'I o I lave and to I told, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims o I all persons whomsoever : and that said land is free o I all 0111cumbrances, except tares accruing subsequent to Deccmbet 31, 2017. In Witness Whereof, grantor has hereunto set grantor's hard and seal the day and year' first above written Signed,scalcd and delivered in ourpiesetice: Ole.sla Rozheniuk regal Assfsfent C'70 Douglas Stiaat - ..ox997,VlctoiiaMainPO - Witness Na/mcJ -)rl p .. RCV8W2S8 3 -)\acey Warnock legal Assf-,taat 8a0- 10')ODOUgIcssIzeI y,0. Box 99-7, Victoria Main PO Vidorhtj-BCV8W2,,8 Country ij of C, Province of A" Owif, , i wu ackilowicclged before mc this I day (if APR] L 20 18, by 'Pnst m i 9 ly kii(i"lomeoi;AO"j@spioduce(4 45 j )ispersonall as i&Aification L? Prmic . d L M\ (.orrisillwon I:xi);Ics: I-S'I'ANI.FYEfgg j Bariisicir8solicitor CREASE HARMAN p 800-1070 Douglas Street Victoria, B C V8W 2S8 Signed. seeled end del lveren n o/ presence Witness P rte, eaumier Country of CavkaAa ltye forcgoviginstmment wps nclmowledged be1'om me this 27 day of APRIL, 2018, by be ) is personally known to me or O has produced as identification. Nr•lary Public"" " Printed Nemr.%jA_M_`e-J f_• s. I r S My Commission Expires. —LVV _ RS -2 RESIDENTIAL, SINGLE-FAMILY - 2. Purpose. The purpose of this district is to provide and protect an environment suitable for single- family dwellings at a maximum density of two (2) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low density residential surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Family day care homes. (999) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home with and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) c. Single-family detached dwellings. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off -Street Parking Requirements. Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Conditional Uses: a. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) b. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 7. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00. a. Solar energy systems, subject to the requirements of Section 7.10.28. DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.04.01 St. Lucie County Land Development Code Supp. No. 3 7:37 Adopted August 1, 1990 o " m m » M m 'd l tOrJ cOrJ o O o O O O A 0 0 � 0 0� 0 0� O O O O O'n N O 2 VI dm VJ 6 'n Z-,5 � O E E w M O m E4 Efl � OY Lj A bD h0 A hY EO A � EO A 60 Eu ,F"+ N N N N N N N N N N N N N Q' _ yro� aro o0 'n � m .n oo in � oo W E m o c �oo o o 0 0 0 0 o 0 0 0 0 0 o o o a o o o 0 c o 0 o 0 c N ro E o1 m m n n o 0 0 0 C 0 0 0 c o p c 0 0 0 0 0 y O E V F 0 O E- O O Q Q W W a a N a w 0[ ti 0 W W N M a n 9 p J w w F F F aW W Ww &, W'x W W w'Z-' Ww .F7F ?� a Ca F6 Ww aV.Q [zc1W AW W C?W pw Aw Aa aw Qaz Aw a .a. e x z w z w ma �a�zzo ma na and ma baa c5� z�la maw w zw w ¢ wF v w d m rn m mQ A z z z m toF9 m St. Lucie County Land Development Code Supp. No. 3 7:37 Adopted August 1, 1990 6l OZ/OC/ I fid.' l 9096£ 9£8S£/S£/a9eiui/sagalDlSa9euil/9.io alsed•mmm//:sdlly I 3o I aged C-<ƒ�2a \22M- �D\§ �_9e co Ct, g�2 § ECm CDGCD#�@ _-W " 4= g ) � 3 M/ 2F cm C 7= � kKcoML ®' I a PLy\I\iNING AND DI:`v'IILC)P?IL'\\J SL�R�%iC iii (7r P�;It I :v1Cr.� t. I'lannimg Division COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS -SIGN AFFIDAVIT STATE OF FLORIDA COUNTY OF _l 6, rV -I' (•' " i c� l being first duly sworn deposes and states: 1. 1 am the owner or the agent for the project known as c i `t Ztti for the following petition: File No i ; f I `> :7 2. 1 hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E of the St. Lucie County Land Development Code for the ( iL-, -J, ,6 ' I00� C- public hearing to be conducted by the 1 Cf . V :A L 10 � i I',`"It' , on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by the St Lucie County Planning and Development Services - Planning Division on 161` �- I'� ! �! G �- ! The following required documentation is attached: A. Dated Photo submitted electronically (Close up) _ B. Dated Photo submitted electronically (Distant) Further affiant sayeth not. STATE OF FLORIDA COUNTY OF L Signature of Affiant n The foregoing instrument was acknowledged before me this 1�day of 1 tn i 20_6by a (� E)'L/ (` � • (l� +7 � � [ Said person _ is personally known to me, produced a drivers _ license issued by a state of the United States within the last five (5) years as identification, or _ produced other identification, to wit Typed or Prinfte"me of Notary Commission No.: My Commission expires: Heather Slavlk Notary Public, State of New York Qualified in Onondaga County p01SL6332100 My Commission Expires October 26, 20� FST. U, Ls' BOARD OF ADJUSTMENT Public Hearing Date: March 27, 2019 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue Ft Pierce, Florida 34982 Time: 9:30 AM Applicant James Orlando 1640 South Ivy Trail Baldwinsville, NY 13027 Aaent Louis DiMartino 1510 Latham Road #5 West Palm Beach, FL 33409 Property Location 7678 Wexford Way Port St. Lucie, FL 34986 Zonin RS -2 (Residential, Single - Family -2 du/ac) Future Land Use RS (Residential Suburban - 2 du/ ac) Staff's Recommendation Board denial of requested vari- ance. Orlando Residence Variance BA -120195451 PUBLIC HEARING NOTICE Notice of Proposed Variance Request File Number: BA 120195451 Orlando Residence Variance BA -120195451 Owners Atalloel o� 4� e� �% �� � gFsr cwNlwsesx 3 L •-- :soon nMna, ®Sugect Parwl o em av Mep Osla'. Me 1�1�2018 Pa,ce6 wiNYn 500ft Nolinretim gees Fw, You are receiving this notice because you area property owner within 500 feet of the proposed petition. Public Hearing Description Petition of James Orlando for a 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 a proposed screen enclosure, inclusive of a pool house, to encroach a maximum of 12.75 feet into the required minimum 15 foot rear yard setback, for a property located within the RS -2 (Residential, Sin- gle -Family – 2 du/ac) Zoning District. The subject 0.83 acre parcel is located within the Reserve Plantation Phase 1 Subdivision, at 7678 Wexford Way, Port St. Lucie and the PGA Village POA Ar- chitectural Review Committee has approved the request. The St. Lucie County Board of Adjustment has the power to authorize variances from the dimensional requirements of the St. Lucie County Land Development Code, in accordance with the provisions entailed. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of Adjustment should be received by the Planning and Development Services Department - Planning Division at least three (3) days prior to the scheduled hearing. Anyone with a disability requiring accommodations to attend this meeting may contact the St. Lucie County Community Risk Manager in advance @ 772-462-1546 or TDD 772-462-1428. Further details are available in the Planning and Development Services Department, Planning Division. Please contact: Bethany Grubbs, Project Manager Telephone: 772-462-1687 Email: GrubbsB@stlucieco.org Mail: 2300 Virginia Avenue Fort Pierce, FL 34982 | . . \\\\j\\\\\\\\\\\\\\\\\\ � 2H.\2 \\2/a§/gQR2/g///gg/\ QI )(§))}))))\)}()(()9........999999 9-9)))))( &g _- : b;/ | . /m0 .0 \\ )(§))}))))\)}()(()9........999999 9-9)))))( Please Return To: St. Lucie County Planning and Development Services — Planning Division Attn: Bethany Grubbs, Planner 2300 Virginia Avenue Ft. Pierce, Florida 34982 Email: GrubbsB@stlucieco.org Fax # 772-462-1581 PROPOSED REQUESTED VARIANCE: Petition of James Orlando for a 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 a proposed screen enclosure, inclusive of a pool house, to encroach a maximum of 12.75 feet into the required minimum 15 foot rear yard setback, for a property located within the RS -2 (Residential, Single -Family — 2 du/ac) Zoning District. REGARDING PROPERTY LOCATED AT: 7678 Wexford Way, Port St. Lucie, FL 34986 If you wish to comment, please check only one of the three following statements and return no later than March 25, 2019. 1 AM IN FAVOR OF THE REQUESTED VARIANCE ............................................ I AM NOT IN FAVOR OF THE REQUESTED VARIANCE .................................... I HAVE NO OPINION TO THE REQUESTED VARIANCE .................................... I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. Name (Please Print): Address: Date: Signed: Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. (File No.: BA 120195451) Form 07-34 ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA March 27, 2019 NOTICE OF PROPOSED VARIANCE REQUEST Notice is hereby given in accordance with Section 11.00.03 of the St. Lucie Coun- ty Land Development Code and in accordance with the Provisions of the St. Lucie County Comprehensive Plan that the following applicant has requested that the St. Lucie County Board of Adjust- ment consider the following request: Purpose: Petition of James re - to allow a proposea screen enclosure, inclusive of a pool house, to encroach a maxi- mum of 12.75 feet into the required minimum 15 foot rear grc setback, for a propperty located within the RS -2 (Resi- dential, Single -Family - 2 du/ ac) Zoning District. File Number: BA 120195451 Location: 7678 Wexford Way, Port St. Lucie, FL 34986 Parcel ID: 3321-801-0018-000-3 The Public Hearing on this item will be held in the Com- mission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Ave- nue, Fort Pierce, Florida on Wednesday,March 27, 2019 beginning at 9:30 a.m. or as soon thereafter as possible. All interested persons will begiven an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written com- ments to the Board of Ad'ust- ment should be receive by the Plannina and Develooment at or The St. Lucie County Board of Adjustment has the power to authorize variances from the dimensional requirements of the St. Lucie County Land Development Code, in accor- dance with the Provisions of Section 10.01.00, of the St. Lucie County Land Develop- ment Code. The proceedings of the Board of Adjustment are electroni- cally recorded. PURSUANT TO SECTION 286.0105. FLORIDA STATUTES, if a person decides to p any decision made by the Board of Adjustment with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim malvmuals testnymg curing a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individu- al testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time to a date -certain. Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie Coun- ty Risk Manager at least for- ty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D. (772)462-1428. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA /S/ RON HARRIS, CHAIRMAN PUBLISH DATE: March 14, 2019 TCN2248114 .e'41l ljz_;T' I'C�A b'tlltu)e lit >;A October S. 2018 Jim Orlando 7678 Wexhad War Port St Lucie_ FL 14986 RE: 7678 WEXFORD WAN' — RF,STRVE PLANTATION DESCRIPTION: ALRh:AUI" CONFETTI?D— REPIM TD CRACKED SIDEWALK wi'm Ni,,w. ENLARGE SCREEN LANI TO ENCLOSE GUES1' HOUSE1. CIIANGE FRAME FROM BRONZETO WHITE. Dear Mr. Orlando: I ho PITA Village POA Architectural Re%ie\y Committee has revieN ed and approved your application to replace the front cracked sidewalk. 4Ve also approve the expansion of your screened lani to enclose the guest house and to change (lie frame color from bronze to \%hire. Please submit your landscape design Ibr approval. Should you have any questions or concerns please feel free to call our oll ice (77') 467-150". l'hauk you. PGA Village POA Archilectm'al Reyic\v° Committee .3/15/2019 code/(S(thbstsbkbwneralrz2sg4asy)yAdd_Ed itPerm it.aspx �idrr0 ` BUILDING & CODE SYSTEM YOu are IOeaetl In as: STLUCIECG\G. Verelan 3 Property I Veluatlen I PmpeM Ml n I Edit Permit I S..rt Pomp I Review I Inspecnon I P..R Fee/Pay I Mi. Fee I Copha , I Reports I Main[ I R.1 I nmd Log I Front Cwnt I EM I Gr.n Cert I Energy Cal[ I Email Vennk PlNse enter Pam f rn tertEex ntl 1-1S EMMER t0 Vier Rr Edit s P. -it M cllh 'Md PeMt' brtton td add nev P. -It. Print ADD OR EDIT PERMIT Add New Renewal Permi( Print ALL Permit# Confirm# Status View Permit! Enter Permit #: (Press ENTER)_ 300171 9300171 View Scan _ Finaled (Enter ZC Proposed Bus Name(Press ENTER) CURRENTPARCEL Change Parl:Nld I Address: Historic: Jurisdiction: S/D: Parcel #: 3321-801-0018-000/3 Block: Lot IN: 18 Zoning: RESIDENTIAL, SINGLE Fi FLU: RS Flood Map: FA—NEL 260 OF 420 Flood Elevation: Flood Zone: Location: 210516 MAINLAND CONTACT INFORMATION Add Contact Type (Contractor, OwnerBuilder, Tenant, Applicant, PermitRunner) 1. Clack to Edit Property Owners and Then Returd 2. to Update Property Owners Type Name Company I Cert # I Phone Fax Cell Email Street Addre City state Zip Property WALTER D 7678 WEXFORD Owner DAUB WAY PERMIT INFORMATION EDIT Permit Information Renew This Permit I Permit Event: Pemlit #: 300171 Permit Category: Permit Status: IFInoted Pernit Type: BUILDING (MISCELLANEOUS) Confirmation #: Date Applied: 1/15/1993 Taken By: inellb Date Issued: 1/15/1993 Issued By: Date Finaled: 2/18/1993 Posted By: Flat Fee Valuation: C Date Voided: Voided By: Date Expired: Expired By: Date Ong Expired: Date Renewed: Renewed By: FCC: ON RESIDENTIAL ADDITION/ALTERATION & CONVERSION — 43 Max Expire Date: 7/11/1994 ARGET INDUSTRY PERMIT INFORMATION Target Industry Category: F— _ — _ Target Industry Company Name: UB TRADE PERMITS INFORMATION Add Sub Petmh Message: '— Sub Per Type I Rag Clad Status I Contract Compan Cert# Status Owner131 Tenant Phone I Jb_DE4 Date Ap Red By I Date Iss Date Rn Date Eti Status PLUMB] PLUMB] GLENN SNEED (772) Edit Delete 930031 - — Floated M PLUMB] 9070 Active 464- 10/6/11 nellb 1/25/11 2/18/11 RESIDE CERTIFI SNEED INC 9799 _ MECH/M TRACY (772) Edit Delete 9300483 Finaled D 336- 10/6/199 nellb 2/3/1993 2/18/199 NOT STEELE 2418 USE Edit Delete 930048 ELECTR ELECTR Finaled JOSEPH JOE'S 4267 Dorman (772) 10/6/11 nellb 2/4/19! 2/18/1! Count - — E ELECTR 465- Certifi RESIDE REGIST HERNDI OF ST 2363 Date LUCIE Dorm COUNT Is INC popul: State Regist Date Dome is popul: LIABII http://code/(S(thbstsbkbwnerairz2sg4asy))/Add_EditPermit.aspx 1/3 .3/15/2019 code/(S(thbstsbkbwneralrz2sg4asy))/Add_EditPermit.aspx INSUP IS 573 DAYS LATE. WORK INSUP IS 553 DAYS LATE. CAROM ROOF ROOFIA BRAD ROOFIN (772) Edit Delete 930079 - Flnaled 5 & 9072 Active 335- 10/6/11 nellb 2/18/11 2/18/11 FIBERG SIDING SHINGL CO CERTIF: XOGAN 9550 INC Message: CONSTRUCTION INFORMATION EDITon iction,Zom g_g Li dTTgmoorarytSDecial Permit Information Permit #: 300171 Confirmation #: # New Units: 0 # New Floors: 0 # New Buildings: 0 # New Bedrooms: # New Bathrooms: Exterior Type: NOC Required: NOC Received Date. NOC Expire Date: Cert CAP Required: Setbacks: Front: IO.00 Back: 0.00 Left Side: 1.0.00 _ _ Right Side: 0.00 CONSTRUCT CABANA BATH HOUSE Job Description: Additional Info: ONING COMPLIANCE PERMIT Certification Type: County Certificate/Registration Proposed Business Name: Proposed Use: .... ___ Proposed Business Address: Shopping Center Name: SIC—Code: Certificate of Competency Required: Alcohol License Type: Office Sq Ft: http://code/(S(thbstsbkbwneralrz2sg4asy))/Add_Ed!tPermit.aspx 2/3 .3/15/2019 code/(S(lhbstsbkbwneraim2sg4asy))/Add_EditPermit.aspx ONING COMPLIANCE CONDITIONS OF APPROVAL adaWied DmFN I rMWdmel d Mpmsti Deas c,.ted ay (Date Created (last omgea By Dad last ounyed Number of Banners: Number of Days: Display Period Start Date: End Date: Employee Requesting File Date Requested http://code/(S(thbstsbkbwneralrz2sg4asy))/Add_Ed ilPenniLaspx nw data d dapiay Pool Dimensions fi 1 )_ Length: ( Pool wall must Ix,. minimum of ID feet Width: IL from orerlead power lines) Height above ground: Fence: Fence Permit Number: ! !I Pool Ladder Description: ! J Date Returned I Notes New No data to display 3/3 Planning & Development Services Building & Code Regulation Division 2300 Virginia Avenue Fort Pierce, FL. 34982 Phone:(772)462-2172 Fax:(772)462-6443 Inspection Card Permit # : 9300171 Online address: http://www.stiuciew.org/planning/permitting.htm Quick Links: Permit Status Lookup Online Building Inspection System Permit# SLC -9300171 Confirmation M Issued: 1/15/1993 Type: Job Location: 7678 Wexford Way City: Jurisdiction: ST LUCIE COUNTY Parcel: Subdivision: RESERVE PLANTATION PHASE 1 Flood: Elev: Set backs: Left: 0.00 Right: Job Description: Construct Cabana Bath House Property Owner Walter D Daub 7678 Wexford Way Permit No 9300312 9300483 9300485 9300791 BUILDING (MISCELLANEOUS) Port St Lucie 3321-801-0018-000/3 Lot: 18 Block: Flood Map: 0.00 Front: 0.00 SUB -PERMITS Status Permit Type Cert # Finaled PLUMBING - RESIDENTIAL 9070 Finaled MECH/HVAC - DO NOT USE 8813 Finaled Finaled ELECTRIC -RESIDENTIAL 4267 ROOF - FIBERGLASS SHINGLE 9072 DBA Sneed Plumbing Inc Tracy D Steele A/C Inc Joe's Electric Of St Lucie County Inc Cardinal Roofing & Siding Cc Inc Status FIN Rear: 0.00 Owner/Builder Go to http•//codeinspectionpublic stlucieco aov to schedule online. For the Automated inspection system call (866) 284-1280. All inspections requested prior to 9:00 PM will be scheduled for the next business day. Inspection requests between 9:00 PM Friday and 9:00 PM Monday will be scheduled for the following Tuesday. If you require any assistance please contact the Building Department at (772) 462-1574. YOU ARE REQUIRED TO REQUEST INSPECTIONS IN THE ORDER THEY ARE LISTED BELOW UNDER DESCRIPTION. Inspection Notes: Permit # Code Description Priority Schad, Date Res Description Inspector Insp. Date NOTICE OF 9300171 101 COMMENCEMENT- 0 1/29/1993 90 Approved Billy Hatcher 1/29/1993 RECORDED -OFFICE Report prepared on 3/15/2019 1:23:31 PM (LEGACY INSPECTION) 9300171 110 FOOTER/FOUNDATION (LEGACY INSPECTION) 9300171 140 CONSTRUCTION ROUGH FRAMING (LEGACY INSPECTION) 9300171 141 INSULATION (LEGACY INSPECTION) 9300171 167 ROOF FINAL (LEGACY INSPECTION) 9300171 238 ELECTRIC ROUGH (LEGACY INSPECTION) 9300171 280 ELECTRIC FINAL (LEGACY INSPECTION) 9300171 351 MECHANICAL ROUGH- IN(DUCTS) (LEGACY INSPECTION) 9300171 380 MECHANICAL FINAL (LEGACY INSPECTION) 9300171 420 PLUMBING ROUGH (LEGACY INSPECTION) 9300171 423 PLUMBING TOP OUT (LEGACY INSPECTION) 9300171 480 PLUMBING FINAL (LEGACY INSPECTION) 9300171 999 FINAL INSPECTION (LEGACY INSPECTION) Total Inspections: 0 1/29/1993 Inspection Card Approved Billy Hatcher Permit # : 9300171 Planning & Development Services Online address: Building & Code Regulation Division hitp://www.stlucieoo.org/planning/permitting.htm 2300 Virginia Avenue Quick Links: Fort Pierce, FL. 34982 Permit Status Lookup Phone:(772)462.2172 Fax:(772)462-6447 Online Building Inspection System Page 2 of 2 (LEGACY INSPECTION) 9300171 110 FOOTER/FOUNDATION (LEGACY INSPECTION) 9300171 140 CONSTRUCTION ROUGH FRAMING (LEGACY INSPECTION) 9300171 141 INSULATION (LEGACY INSPECTION) 9300171 167 ROOF FINAL (LEGACY INSPECTION) 9300171 238 ELECTRIC ROUGH (LEGACY INSPECTION) 9300171 280 ELECTRIC FINAL (LEGACY INSPECTION) 9300171 351 MECHANICAL ROUGH- IN(DUCTS) (LEGACY INSPECTION) 9300171 380 MECHANICAL FINAL (LEGACY INSPECTION) 9300171 420 PLUMBING ROUGH (LEGACY INSPECTION) 9300171 423 PLUMBING TOP OUT (LEGACY INSPECTION) 9300171 480 PLUMBING FINAL (LEGACY INSPECTION) 9300171 999 FINAL INSPECTION (LEGACY INSPECTION) Total Inspections: 0 1/29/1993 90 Approved Billy Hatcher 1/29/1993 0 2/4/1993 90 Approved 2/4/1993 0 2/5/1993 90 Approved 2/5/1993 0 2/18/1993 90 Approved 2/18/1993 0 2/4/1993 90 Approved 2/4/1993 0 2/18/1993 90 Approved 2/18/1993 0 2/4/1993 90 Approved 2/4/1993 0 2/18/1993 90 Approved 2/18/1993 0 1/29/1993 90 Approved Billy Hatcher 1/29/1993 0 2/4/1993 90 Approved 2/4/1993 0 2/18/1993 90 Approved 2/18/1993 0 2/18/1993 90 Approved 2/18/1993 13 Report prepared on 3/15/2019 1:23:31 PM a BOUNDARY SURVEY !f,M - � v s LONOiECj Planning and Development Services Department Planning Division MEMORANDUM TO: Board of Adjustment \\ � THROUGH: Mayte Santamaria, Assistant Direct6rN,) FROM: Linda Pendarvis, Development Review Coordinator DATE: March 22, 2019 SUBJECT: Addendum to Agenda Item #3 for the petition of Ashley Erickson for a variance from the provisions of Section 7.04.01 of the Land Development Code. This is an addendum to the petition of Ashley Erickson that was presented at the January 23, 2019 Board of Adjustment (BOA) public hearing and was continued to the March 27, 2019 public hearing to allow the applicant time to research the additional information requested by the BOA. The applicant submitted the attached documents on March 22, 2019 to the Planning Department which include: 1. Survey that was included in with the closing documents. 2. Florida Department of Health stamped document indicating the location of existing septic tank and drain field. 3. Building Permit for 10X14 shed and approved inspection card. 4. First American Title Owner's Policy of Title Insurance S. Pictures of guest house and pump house. ST. LUCIE i#tJ $: p| .:_ • !; $ q. )| 'SCALE ,' %F [ , (| M // � t/§/` ! � ■ }]%��///[ i�� ■ � •,m- SAM §, _— _,_._\�/`<- 6IOZ/IZ/Z "'HTlfl[sd�Id94[ I�CRI[t/Q£d!4SY�lfl�zdlL=3axZxdse lamarN.lama�ngam//p £/aSpiaga�uoa aSpcaga [s/�:sd�lq N=8HO Li,69=0 =aaOHO 9l'6f=1 i f OHS 08S ,4YZ---"1` (Zl OW ll) 3SVHd ONV 3000 'SVGS '(N3.LVS 311-n31VS NOIIVOIAVN 1V8010) SSNO SSVN010/Sd� St SO / it S0 V0131 AON3nO3Hd -TVl10 :3dAL a3AI903a SVC (XLH) OIIVN3NIN 3NLL lV38 !OOH13'1 A3Aaf1S 'S'd'L :S31ON ('S•d'0) N31SAS ONINOWSOd WGOlO S,HOAW ,94109.69 N Y99 I I 3aao ,t ! 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J,a01S-t I I I N i ! 1NHVB 310d (d) 1N313SV3 30NNIY8a 09 i 3, N=8H0 OHO 6f-1 I I (d) 1N3N3SV3 ,0092 a .9£ \ I 130VNIVHO ,0"9 L'— $ rwa Q yNl� 13o I abed S9CX—X-�aX= dna „W g i (cadn00 10" N O co � (d) ,00.91 '089 (d) ,69.OZ9 (0) AVON s 9N lama[n qaM a8pygg- Plan 0 a Dsvebplesllt 801vlas Bulking 8: cods RerAWon DlNewn 2308 Vkpbds Avenue FwtPWw,FL 3082 Phons:W2YM4172 Fas:(772)1828443 Inspection Card Permit # :1809-0624 Online address: htip:i/w.stludeco.org/pianning/permitting.hlm Quick Links: Permit Status Lookup Online Building Inspection System Permit# SLC -1809-0624 #Confirmation 273 Status ISS Issued: 9/27/2018 Type: SHED LESS THAN 144 SF Job Location: 251 N Cardinal PI City: Fort Pierce Jurisdiction: SAINT LUCIE COUNTY Parcel: 2311-601-0103-000/8 Subdivision: JAY GARDENS OF FORT PIERCE Lot: 18 Block: 6 Flood: X Elev: Flood Map: 175F Setbacks: Left: Right: Front: Rear: Job Description: Install 10 X 14 = 140 Sq Ft Pre -Manufactured Shed. No Electric No Veg Removed. Owner Builder Ashley Erickson (772) 267-2446 251 Cardinal PI Fort Pierce, FL 34945-3406 Property Owner Ashley Erickson (772) 267-2446 251 Cardinal PI Fort Pierce, FL 34945-3406 SUB -PERMITS Permit No Status PermitType Cert(x DBA Owner/Builder For the automated inspection system call (866) 284-128D. To schedule an inspection online go to hftp:/lcodeinspee ionpublic.stiucleco.gov. All inspections requested prior to 9:00 PM will be scheduled for the next business day. Inspection requests between 9:00 PM Friday and 9:00 PM Monday will be scheduled for the following Tuesday. If you require any assistance please contact the Building Department at (772) 462-2172. Inspection Notes: Permit # QQde Description Priority Sched Date Rea Description Inamcct4t Insp. Date 1609-0624 176 SHED TIE DOWN 1 --� 1 1809-0624 999 FINAL INSPECTION Total Inspections: 2 Report prepared on 9/27/2018 12:39:52 PM Planning 8 Development Services Building 8 Code Regulation Division 2300 Virginia Avenue Fort Pierce, FL 34982 Phone: (772)462-1553 Fax: (772)462-1578 Permit #: SLC 1809-0624 BUILDING PERMIT yy1� N IIiA Online address: http:/Mx .stiucieco.org/planning/pernitting.h lY ,y Quick Links: Permit Status Lookup 0) N C Online Building Inspection System UW Job Location: 251 N CARDINAL PL Permit Type: SHED LESS THAN 144 SF Aj:7iiriti'iF1il:TilFi3f'4Lt1 Status: ISS Issued: 9127/2018 City: FORT PIERCE Date Expired: 03/27/2019 Job Description: INSTALL 10 X 14 = 140 SQ FT PRE -MANUFACTURED SHED. NO ELECTRIC NO VEG REMOVED. Subdiv: JAY GARDENS OF FORT PIERCE Lot: 18 Setbacks Left: Right: Number of Units: Flood Map: Block: 6 Floors: 1 Flood Zone: X Property Owner ASHLEY ERICKSON 251 CARDINAL PL OwnerBuilder ASHLEY ERICKSON 251 CARDINAL PL Parcel: 2311-601-0103-000/8 Front: Rear: Zoning: AR -1 Elev: Buildings: 1 Square Footage: FORT PIERCE, FL 34945 FORT PIERCE, FL 34945 (772) 267-2446 (772) 267-2446 Permit holder acknowledges through acceptance of this permit that separate permits must be obtained as required by the Florida Building Code including those for all electric, plumbing, mechanical, roofing and structural work. Further he/she acknowledges responsibility to comply with all requirements of the Florida Bulding Code and the St Lucie County Land Devielopment Code. Issuance of this permit may be appealed to the St. Lucie county Board of Adjustment by an aggrieved party by filing a notice of appeal with St. Lucie County Growth Management Director within thirty (30) days of the issuance of this permit in accordance with St. Lucie County Lard Cevelopment Code, Section 11.11.00., Appeals. Building Permits shall expire and become null and void if work authorized by such Building Permit is not commenced, having called for and received a satisfactory Inspection within six (6) months from the dale of issuance of the permit or 8 the work is not completed within 18 months (permit by contractor) or 24 months (permit by owner) from the date of issuance of the Building Permit in accordance with St Lucie County Land Development Code Section 11.05.01 (A)(2). NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the records of this county, and there may be additional permits required from other governmental entities such as water management disitricts, state agencies, or federal agencies. s:553.79(10), F.S. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOU PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. a NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORIDNG YOU NOTICE OF COMMENCEMENT. s:713.135 (10(a), F.S. 91 r %� Carl Peterson Date Building Official Planning b Development Services Building & Code Regulation Division 2380 Virginia Avenue Fort Pierce, FL 34982 Phone: (772)462.1553 Fax: (772)462-1578 .f. Receipt 0000143689 Permit Number: 1809-0624 Online address: htIpJAM .stlucieco.org/planning/pwmRting.htm 251 N CARDINAL PL m $85.26 Quick Links: VISA Permit Status Lookup $ N Online Building Inspection System Gq Daily Inspector Schedule CM LU V.a Q W Date: September 27, 2018 Receipt #: 0000143689 Permit Number: 1809-0624 Job Address: 251 N CARDINAL PL Amount: $85.26 Paid With: VISA Credit Card # Paid By: ASHLEY ERICKSON Received By: givensd Fee Description NBIMS651 N -BP BIMS NBPSur959 N -BP Surcharge - Permi751 - Shed less than 144 sf NBPTru1018 N -BP Trust Surcharge - Permi751 - Shed less than 144 sf NPermi751 N -Permit Fee - Shed less than 144 sf Credi15 06 -Credit Card Fee - 1.5% Total: 9/27/2018 12:39:51 PM Fee Amount $5.00 $2.00 $2.00 $75.00 $1.26 $85.26 FirstAmerican Title'" Owner's Policy Owner's Policy of Title Insurance (with Florida modifications) IBBUED aV o First American Title Insurance Company' P CV NUMBER GQ 5011412-0454056e 4N Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown In Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the 'Company") insures, as of Date of Policy against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: Title being vested other than as stated in Schedule A. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not property created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise Invalid power of attorney; (vi) a document not property filed, retarded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. Unmarketable Title. No right of access to and from the Land. (Covered Risks Continued on Page 2) In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company Dennis J. Gilmore President Q"0f Jeffrey S. Robinson Secretary (This Policy is valid only when Schedules A and a are attached) For Reference: File #: 17-0063 Loan #: 9017263191 Issued BY: Express Title Services of Citrus, Inc. 2704 W. Woodview Lane Lecanto, FL 34461 This jacket was created electronically and constitutes an original document CopptaM i00114t)" American land THE. Ns«knee. MI clams reserved. tae use d We fwm le msettad to KTA Imneaes end ALTA rnemE m h aocd atandN as of caw dale of use. All 00mr vase art "bed. RepMletl antler Acense tom ew Ane4mn Lantl Tek AswtlMion. Forth 5011412 (2-1-11) Page 1 of 5 1 ALTA Ownef's Policy of Title Insurance (6-17-06) (with Florida modifications) ...,r .Oak mm First American Title Owner's Policy of Title Insurance ISSUED BY L4 First American Title Insurance Comply o N Schedule A POLICY NUMBER � W 5011412-0454056e w 0 V � W Name and Address of Title Insurance Company: IE FIRST AMERICAN TITLE INSURANCE COMPANY, 1 First American Way, Santa Ana, California 92707 File No.: 17-0063 Address Reference: 251 N.Cardinal Place, Fort Pierce, Florida 34945 Amount of Insurance: $285,000.00 Premium: $1,500. Date of Policy: April 18, 2017 at 05:00 PM Effective Date: April 18, 2017 at 05:00 PM (or the date of recording of the instrument executed at closing vesting title in the insured, whichever is later) 1. Name of Insured: Ashley S. Erickson, 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: Ashley S. Erickson, 4. The Land referred to in this policy is described as follows: Lots 18, 19, 20 and 21, Block 6 of JAY GARDENS -FT. PIERCE, according to the Plat thereof as recorded in Plat Book 10, Page(s) 70, of the Public Records of St. Lucie County, Florida. Property address: 251 N. Cardinal Place, Fort Pierce, FI 34945 Express Title Services of Citrus, Inc. 2704 W. Woodview Lane Lecanto, Florida 34461 By, 40vL4-11a .� Authorized Countersignature ( his Schedule A valid only when Schedule B is attached) Form 5011412- SCH (2-1-11) Page 1 of 2 ALTA Owner's Policy of Title Insurance (6-17-06) (with Florida modifications) File No.: 17-0063 Policy No.: 5011412-0454056e Schedule B EXCEPTIONS FROM COVERAGE C o Iii Z y N This policy does not insure against loss or damage and the Company will not pay costs, attorneys' feel exg nseQat arise by reason of: g N ¢ V W 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land. 3. Any lien for services, labor, or materials in connection with improvements, repairs or renovations provided before, on, or after Date of Policy, not shown by the public records. 4. Any dispute as to the boundaries caused by a change in the location of any water body within or adjacent to the land prior to Date of Policy, and any adverse claim to all or part of the land that is, at Date of Policy, or was previously, under water. 5. Taxes or special assessments not shown as liens in the public records or in the records of the local tax collecting authority, at Date of Policy. 6. Any minerals or mineral rights leased, granted or retained by prior owners. 7. Taxes and assessments for the year 2017 and subsequent years. NOTE: Exception(s) numbered 1 THRU 5 above istare hereby deleted. 8. The Standard Exception for any minerals or mineral rights leased, granted or retained by current or prior owners is hereby deleted. 9. Restrictions, dedications, conditions, reservations, easements and other matters shown on the plat of JAY GARDENS --FT. PIERCE, as recorded in Plat Book 10, Page(s) 70, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 10. That certain mortgage from Ashley S. Erickson, a single woman to The Federal Savings Bank dated 04/18/2017 in the original principal sum of $275,437.00 and the terms and conditions thereof. Form 5011412-SCH (2-1-11) Page 2 of 2 ALTA Owner's Policy of Title Insurance (6-17-06) (with Florida modifications) Policy #: 5011412.0454056e 6. 7. 8. 9. 10. COVERED RISK (Continued) The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; ? LU (b) the character, dimensions, or location of any improvement erected on the Land; o o > (c) the subdivision of land; or e.J (d) environmental protectiona Cq ul if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforut o!!� to tho extent of the violation or enforcement referred to in that notice. =E W�y An enforcement action based on the exerdse of a governmental police power not covered by Covered Risk 5 if a notice the enforoemefW action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred t that notice. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. Any taking by a governmental body that has occurred and Is binding on the rights of a purchaser for value without Knowledge. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an altemative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Ttle as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (1) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. Any defect in or lien or encumbrance on the Tito or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer In the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. Form 5011412 (7-1-14) Page 2 of 5 1 ALTA Ownees Policy of Title Insurance (6-17-06) (with Florida modifc tlons) Policy* 5011114112-0454056o CONDITIONS DEFINITION OF TERMS The following terms when used in this policy mean: (a) 'Amount of Insurance': The amount stated In Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of Owe Conditions. (b) 'Date of PoliW: The date designated as 'Date of Policy' in Schedule A. (c) "Enfitr: A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) 'Insured*: The Insured named In Schedule A. (I) The term 'Insured' also includes (A) successors to the This of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of Idn; (B) successors to an Insured by dissolution, merger, consolidation, distributhon, or reorganization; (C) successors to an Insured by its conversion to another kind of Enbty; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Tifle (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly- owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly -mad by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or EnlIty, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (0), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured, (a) "Insured Clalmanr: An Insured claimlng loss or damage. (1) 'Knowledge' or wKnown*: Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that import constructive notice of matters affecting the Title. (g) 'Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land' does not include any property beyond the lines of the area described in Schedule A. nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, Or waterways, but this does not modify or limit the extent that a fight of access to and from the Land is insured by this policy. (h) "Mortgage': Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (I) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real propej to purg0sersis value and without Knowledge. With fis OV10 Risk 5(d), 'Public ReoDrds' shall also 1 enflinmerim protection liens filed in the records of th 11 of% Uni States District Court for the district where nd %ocoa 'Fite: The estate or interest described 16 chedulA. (k) 'Unmarketable Tiffe: Title affected by an [aged or appare9n matter that would permit a prospective purchaser or losses of the Title or lender on the Title to be released from the obligation to purchase, lease, or tend H there is a contractual condition requiring the delivery of marketable title. L CONTINUATION OF INSURANCE The coverage of this policy shall confinue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warrantes in any transfer or conveyance of the Tide. This policy shall not continue in force in favor of any purchaser from the Insured of either (I) an estate or interest in the Land, or (!I) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (I) in case of any litigation as set forth In Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of tifle or interest that is adverse to the Tilie, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its oplion, require as a condition of payment that the Insured Claimant fumish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. S. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay. shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. it shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured In the defense of those causes of action that allege matters not insured against by this policy. Forrn 5011412 (7-1-14) Page 3 of 5 1 ALTA Owner's Po1lGy of Title Insurarim (6-17-06) (with Florida modifications) Policy N: 5011412.04540569 (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Tide, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not 8 shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at Its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Companys expense, shall give the Company all reasonable aid (t) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, In whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, If requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shell not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant 10 submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. CONDITIONS (Continued) 7. OPTIONS TO PAY OR OTHERWISE SQTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Compaj shall tie the(j following additional options: d (a) To Pay or Tender Payment of the Amount of n To pay or tender payment of the Amount ortynderi, this policy together with any costs, attor0bys' feee%g and expenses incurred by the insured Cl ijartt that -were authorized by the Company up to the fimfof payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liabli ty or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. () To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company Is obligated to pay; or (11) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, ariomeys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability, of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Tifie subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10°%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the dale it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. Fonn 5011412 (7.1-14) Page 4 of 5 ALTA Owner's Policy of Title Insurance (6-17-06) (with Florida modifications) Policy #: 5011412.0454056e 10. 11. 12. 13. Kill LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the Ind of a right of access to or from the Land, or cures the daim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Companys consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as Insured. (c) The Company shall riot be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, ahomeys' fees, and expenses, shall reduce the Anwunt of Insurance by the amoral of the payment LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed In accordance with these Conditions, the payment shall be made within 30 days. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Tolle and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shag permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully ower the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. ARBITRATION Unless prohibited by applicable taw, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the Insured at the time of a controversy or claim. Arbitrable maters may 15. 16. 17 18. CONDITIONS (Continued) include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or rela6to this policy, an service of the Company in connection with its issuance or 05 bre of a policy provision or other obligation. Arbitrr to policy and under the Rules in effect on thend 149 arbitration is made, or, at the option of the Iules effect at Date of Policy shall be binding upon thawe may Include atlomeys' fees only'd the laws of th tate in 'ch th Land is located permit a court to award aleys' tees to prevailing party. Judgment upon the award endered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim whether or riot based on negligence shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to Ns policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (i) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. SEVERABILITY In the event any provision of this policy, in whole or in part, is held Invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwriften the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of lige insurance of thejhaisdction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of daims against the Title that are adverse to the Insured and to interpret and enface the terms of this policy. In neither case shall the court or arbitrator appy its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriatejurisdiction. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under Oris policy must be given to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707. Phone: 888.632-1642 Form 5011412 (7-1-14) Page 5 of 5 1 ALTA Owner's Policy of Title Insurance (6-17-06) (with Florida modifications) I C, �J 5 k w5 h0r-It �O r,y I4 yew dd -,,she c. 5kvde'"Id hu, old sol. 1 d 5 cnl oucr be 1 n) 1 1 q Ae roo -\ 4v /ode, +hl- bjd8'(.,1j y �,. G5 SvS3e5�-d by e ode ei CVice�j d !os dd«W5l ��Sf Geo "0 hc,v-e • J G yoJ do nod ?k -f lKtr,'cvKe dav5kIvr C.d nd5un's h0^f c{wjn 4hey w�") hc""e tee, ?Ip -,se Z do bl, fe5 I cJe Com T LWse �-ti�s ld ^ � �IlaSz 1.1.1 N e�7 W < , his �s khe Q�J^p ha„Se hov3L5 kk- pool uf('k PJJPl J A tU kG n i i a.� d e l Z Gk� �' l y, z Carl n/o`` �- pho,n�or-y �h\eI hovs�l7 0� owr'�v Gh �.rOv1 d GaS�" rt eJ2 A ll al` k� %5 0",d ev<ly d F LU ° N W S U LU MOihar orr fin, Four b,olot,'c-ol, Sfx oAop+ect (wm ie SE. Luef- coue)VI �oskar Care rn `aot5. -L 4m a F'rsi b'me {1eMe. miner, juSk' kry°ng ko1 pro0cle. a 5ba61e. home. For my Fam"ly. Z ee.l as was �-aken adv4lyknte mF 61 ktie previous owner rven 2 have- no 1inoVJk43e.. of { kc- Bonne. 6uyinq Process. L klave ,penk over a,a,00vo' 6rNitfA0 kt,e propen4y up 1'o co4c-� whteh has �nanc"a11y anct Men'citl.t draPnad me• Z am pte.adPPIu kh°s board -6 (Meese approve khe Variance Cor alt hem6ers c�` ` �roper4y i kerns. DOncAvyn l �� cJrneereky 6zb1 0 TKK�o �ra� Planning and Development Services Department MEMORANDUM TO: Board of Adjustment THROUGH: Mayte Santamaria, Assistant Director- FROM: irector FROM: Linda Pendarvis, Development Review CoordinatJ'p V� DATE: January 4, 2019 SUBJECT: Petition of Ashley Erickson request for a variance from the minimum building setback requirements of the AR -1 (Agricultural, Residential — 1 du/ac) Zoning District to remedy multiple encroachments in the rear, corner side and front yard setback requirements. ITEM NO. III PROPERTY OWNER LOCATION: PARCEL ID: ZONING DISTRICT: FUTURE LAND USE: PROPERTY SIZE: Ashley Erickson 251 N Cardinal Place Fort Pierce. FL 34945 251 N Cardinal Place Fort Pierce, FL 34945 2311-601-0103-000-8 AR -1 (Agricultural, Residential — 1 du/ac) RU (Residential Urban) +/- 0.84 acres PURPOSE: To allow three (3) accessory structures (pole barn, shed and pump house) to encroach a maximum of 13.2 feet into the rear setback, a guest house to encroach 4 feet into the southwest corner side setback and the single family residence to encroach 11.9 feet into the southeast corner side setback and 30.6 feet into the front setback. EXISTING USE: Single -Family Residence UTILITIES: Well and septic system Board of Adjustment Petition: Erickson Variance Page 2 of 7 BACKGROUND The applicant, Ashley Erickson is requesting a variance for multiple structures that are encroaching into the minimum building setback requirements, as noted in the AR -1 (Agricultural, Residential — 1 du/ac) Zoning District for an approximately 0.84 -acre property The purpose of the AR -1 district is to provide and protect an environment suitable forsingle-family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings. Surrounding Land Use and Zoning Location Future Land Use_Zoning Required Land Setbacks Existing Land Use (Adjacent North iRU (Residential Urban ;AR -1 (Agricultural, _ jUndeveloped Parcels Dwelling — 5 du/ac) ( Residential — 1 du/ac) I South iRU (Residential Urban AR -1 (Agricultural, (Single Family Residence 1 I— 5du/ac) Residential — 1 du/ac) -- East --- IRU (Residential Urban j— AR -1 (Agricultural, Single Family Residence 5 du/ac) Residential _1 du/ac) West RU (Residential Urban AR -1 (Agricultural, Single Family Residence — 5 du/ac) Residential — 1 du/ac), RS -4 (Residential, Single -Family _ 4 du/n) The parcel is improved with a +/- 2,628 square foot residence that was constructed in 1979, according to the Property Appraiser records. Over the years, additional improvements were developed on the property, such as a pool in 2005. A 2014 aerial does not indicate a guest house on the property; however, the structure was present prior to 2017 when the current property owner purchased the property. The records do not clearly indicate when the three accessory structures (pump house, shed and pole barn) were placed on the property. The property owner purchased the property in April 2017 with the existing structures and in June 2017 received a Notice of Violation from Code Enforcement to obtain a permit for enclosing the porch, installing hardi siding and doing electrical work. Ms. Erickson has since applied for after the fact permits but is required to obtain a Variance for the nonconforming structures prior to the permits being issued. In 1979, the zoning district for the subject property was R-1 C — Residential one family dwelling. The single family residence on the subject property was in compliance with the minimum required land area and building setbacks for the R -1C zoning district. LDC Code Zoning District Required Land Setbacks Area 1961 R-1 C — One Family 10,000 sq. ft. 25' Front Dwelling 15' Corner Sides 15' Rear In 1984, the property was rezoned to the AR -1 zoning district and was subject to the AR -1 minimum land area and building setbacks. The following table provides the minimum zoning district requirements for structures in the AR -1 zoning district as of the adoption of the current Land Development Code in 1984, with existing site conditions. Please refer to the attached boundary survey. The applicant is requesting a variance for the nonconforming structures that encroach within the required yard setbacks on the south, east and west property lines. Board of Adjustment Petition_ Erickson Variance Page 3 of 7 AR -1 Zoning District Yard l LDC Minimum Existing Existing T Existing Required guest house pole barn/shed/pump Residence Building t setbacks house setbacks setbacks Setback Front 50 feet N/A r N/A 19.4 feet Rear 30 feet N/A 16.8 feet N/A Side a@Corner- L 30 feet 1 26 feet N/A 18.1 feet CRIPPLE CREEK LANE - WEST AVENUE "E" (P) -_5 �e uttF ROAp - 12" CHIP FUFC H 09'5095' E i3491 (0) -.� �. FCR: 75C (P)�a771� E(P.E EASEMENT AS I \ 35 49' EASEMKIENTNt (P) I L-J9.Jo, R=2S.00' CHORD A2' \ pGRC C=90'1211 O .2268'-• 1 6.0' SR.9HACE �: EASEI/ENt (F) a. 2 POLE BARN. 2222' (MAT FLOOR) ! to ) I s I � o.2I-STORY -24.25' FRAME SHFO I I 'm tY CIIP LOT 7t LOT 20 I .. (LATE (IOLAiION OF GF S' NOg1 FCNCF ,B.6' �— h—iS'$ \6' WC00 FENCE Q. N HouSE\ \CWKRr.:E' ✓� :'.;, 9 PCO C'ECR1 1 �o�, ` IOT I z r g n f e I -STORY FRAME /((�� I RESVENCE-ST I U i FRd EN L \1\ III e..I :. o' X06 APPRO%iAASE �1'f� CDRIVEL LOCA➢ON CE I ., CONCRETE PGRC WALK SEPNC I TIDO I I GRAVEL N 99'50"95 E 0=09'9499" CHRdJ 94'59'51" E Excerpt of BOUNDARY SURVEY Board of Adjustment Petition. Erickson Variance Page 4 of 7 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: 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 applicant purchased the property in April of 2017 with all of the conditions in place. The subject site consists of a 230' x 160' parcel (+/- 36,800 sq. ft.) that is generally rectangular in form. The applicant has submitted a boundary survey dated 10/9/2018, which reflects the single-family residence, pool, guest house, pole barn, pump house and shed located within the required minimum setbacks. The nonconformity of the single family residence resulted from the adoption of the 1984 Land Development Code (LDC) that rezoned the Jay Gardens Subdivision to AR -1 (Agricultural -Residential -1 du/ac) zoning district which created nonconforming lot size and nonconforming structures within this subdivision. At the time of the adoption of the LDC property owners were notified of the possible nonconformities and were provided the opportunity to rezone their parcel to RS -4 (Residential, Single family — 4 du/ac) with land area and setback requirements similar to the prior zoning district; although, restricting the accessory agricultural uses. Section 7.04.01 of the Land Development Code establishes minimum lot size and minimum building setbacks for structures with the purpose to preserve, improve visibility and uniformity and appearance to a neighborhood. The Jay Garden Subdivision was platted in 1957 with average lot size of 75 X 100. The Jay Garden Subdivision currently consist of variety of lot sizes and structures as well as parcels that are zoned AR -1 (Agricultural, Residential — 1 du/ac), RS -4 (Residential, Single Family — 4 du/ac) and RM -5 (Residential -Multi Family -5 du/ac). The variance does not arise from conditions that are unique and peculiar from the land and physical surroundings that would result in unnecessary hardship for the owner. The lot is not irregularly shaped and is similar in shape and size as the adjacent properties. The variance arises from the desire of the new property owner wanting to memorialize the existing structures to conform to the AR -1 zoning district setbacks. 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. The granting of the requested variance is neither expected to harm other property 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. The existing structures comply with Board of Adjustment Petition: Erickson Variance Page 5 of 7 all other minimum AR -1 yard requirements. building height and lot coverage requirements stated in the Land Development Code. The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structures. The requested variance is the minimum needed to remedy the setback nonconformities of the existing single family residence, the guest house and three accessory structures (pump house, shed and pole barn) and to remain in the existing location. 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 requested variance is not in conflict with any element of the St. Lucie County Comprehensive Plan. The variance is not entirely in conflict with the purpose and intent of the Land Development Code, which seeks in part to preserve, protect, and improve the public health, safety, comfort good order, appearance, convenience and general welfare. In accordance with LDC Chapter 10 — Hardship Relief Nonconformities that states 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. Nonconformities may continue, but the provisions of this Section are intended to curtail substantial investment in nonconformities and to bring about theireventual elimination, when appropriate, in order to preserve the integrity of the zoning district. It is noted that the subject property is large enough to relocate these structures to satisfy the minimum required yard setback. The AR -1 zoning district placed on the Jay Gardens Subdivision in 1984 caused the subject property land area and the single family residence to become nonconforming due to the fact that the property consist of less than one acre and the minimum required setbacks are greater than the prior 1984 zoning district. The following Land Development Code section addresses the nonconforming single family residence and notes that the nonconforming structure may remain and allows ordinary repair and maintenance to occur. 10.00.03. - Nonconforming Structures. A. Authority to Continue. A nonconforming structure devoted to a use permitted in the zoning district in which it is located may be continued in accordance with the provisions of this Code. B. Ordinary Repair and Maintenance. Normal maintenance and repair of nonconforming structures may be performed. C. Expansions. Any expansion of a nonconforming structure shall be in conformance with the provisions of this Code. This shall not prevent expansion as long as the nonconformity is not increased. In the event that a structure is nonconforming due to the fact that there is encroachment into a required minimum yard, as defined in Section 7.04.00, expansion of the structure shall be allowed into that minimum yard. However, no such expansion shall be allowed if it results in a greater dimensional nonconformity than that which previously existed. D. Relocation. A nonconforming structure that is moved shall thereafter conform to the regulations of the zoning district in which it is located after such move. Board of Adjustment Petition. Erickson Variance Page 6 of 7 E. Termination Upon Damage or Destruction. 1. Any part of a nonconforming structure that is damaged or destroyed to the extent of fifty percent (50%) or more of the assessed value of said structure shall not be restored unless that part conforms to the provisions of this Code. 2. If St. Lucie County or a portion thereof is declared a disaster area by the Governor of the State of Florida or the President of the United States, as a result of a hurricane, tornado, flood, or other similar act of God, then the provisions of Section 10.00.03 shall be hereby modified to allow within the declared disaster area the replacement or reconstruction of structures on or in the location of the original foundation, except that the any replacement construction most comply with the applicable provisions of Section 6.05.00 and Section 13.00.00 of this Code, provided, this modification to county regulations to allow the replacement or reconstruction of nonconforming structures shall not effect the application and enforcement of state or federal laws and agency regulations regarding replacement or reconstruction of nonconforming structures. RECOMMENDATION Staff has reviewed this petition and determined that it does not necessarily conform to a strict interpretation of the standards of review as set forth in Section 10.01.02, St. Lucie County Land Development Code. While the variance sought arises from conditions that are not unique and do not qualify as a hardship as defined in the St. Lucie County Land Development Code, the variance is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. The single family residence was constructed prior to the adoption of the current AR -1 zoning district creating a nonconforming structure due to greater setback requirements than the previous R -1C zoning district. Staff is recommending approval of the requested variance for the single family residence as the encroachment into the front and side yard setbacks is the result of the County's overall zoning district amendment to AR -1 Zoning District for the Jay Gardens Subdivision. Staff is recommending denial of the requested variance for the guest house and three accessory structures (pump house, shed and pole barn) as there are no building permits issued to indicate the date of construction or location within the property. The applicant is requesting the variance to allow for the existing structures to remain and to be permitted to apply for an after the fact permit. Board of Adjustment Pelitiom Erickson Variance Page 7 of 7 SUGGESTED MOTION TO APPROVE/DENY THIS REQUESTED VARIANCE: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF ASHLEY ERICKSON FOR A VARIANCE to allow three (3) accessory structures (pole barn, shed and pump house) to encroach a maximum of 13.2 feet into the rear setback„ a guest house to encroach 4 feet into the southwest corner side setback and the single family residence to encroach 11.9 feet into the southeast corner side setback and 30.6 feet into the front setback BECAUSE....... (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01 .02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, 1 HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF ASHLEY ERICKSON FOR A VARIANCE to allow three (3) accessory structures (pole barn, shed and pump house) to encroach a maximum of 13.2 feet into the rear setback„ a guest house to encroach 4 feet into the southwest corner side setback and the single family residence to encroach 11.9 feet into the southeast corner side setback and 30.6 feet into the front setback BECAUSE....... (CITE REASON WHY - PLEASE BE SPECIFIC) Y l I N`.'I -,:I TO: Bethany Grubbs, Planning R Development Services Department THROt Gti: Aniv E. Griffin, Em ironmental Resourecs Director Ben Balcer, Environmental Resources vianager FROM: Aimee Cooper. Environmental Planner DATE: October I, 2018 SUBJECT: Erickson, Ashley IIA -920 185372 Backeround The Environmental Resources Department (GRD) is in receipt of a variance application requesting approval for two (2) encroachments: 1) an 8.9 ft, encroachment into the required rear setback for an existing detached garage located on the northwest part of the parcel; and 2) a four (4) ft. encroachment into the required side -corner setback for an existing guest house located on the southwest part of the parcel. The 0.84 -ac residential lot is located just north of Orance Rd. at 251 N. Cardinal Place within Jay Gardens of pt. Pierce. Findings The proposed variance is not anticipated to result in any adverse environmental impacts. Should any site development activities be proposed in the future, CRD staff will conduct further review through the site plan or building permit review process. Recommendation ERD recommends approval of the proposed variance ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 - Fax: 772-462-1581 httl2://www.stiucieco.o[g/Qlanning/plaaaDq htm DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal Please contact the Planning Division to schedule an appointment. Submittal Type [check each that applies] Site Plan Major Site Plan Rezoning' ' Rezoning (straight rezoning) Minor Site Plan L Rezoning (includes PUD/PNRD/PMUD) Major Adjustment to Major Site Plan Rezoning with Plan Amendment Major Adjustment to Minor Site Plan Comprehensive Plan Amendment ° 7 Major Adjustment to PUD/PNRD/PMUD 7 Future Land Use Map Change Minor Adjustment to Major Site Plan L Comprehensive Plan Text Amendment Minor Adjustment to Minor Site Plan Minor Adjustment to PUD/PNRD/PMUD Planned Development Planned Town or Village (PTV) Planned Country Subdivision (PCS) Planned Retail Workplace. (PRW) 7 Prelim. Planned Unit Develop. (PUD) Prelim. Planned Mixed Use Develop. (PMUD) _1 Prelim. Planned Non -Res, Develop. (PNRD) Final Planned Unit Develop. (PUD) CI Final Planned Mixed Use Develop. (PMUD) L; Final Planned Non -Res. Develop. (PNRD) Conditional Use' L-1 Conditional Use 1 Major Adjustment to a Conditional Use Cl Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance 2Variance UJ Variance to Coastal Setback Line Other Administrative Relief Class A Mobile Home 5 Developer Agreement (Submit per LDC 11.08 03) Power Generation Plants Extension to Development Order Historical Design ation/Change6 Land Development Code Text Amendment ' E Plat Post Development Order Change Re -Submittal # e Shoreline Variance Stewardships - Sending/Receiving it Telecom Tower (Submit per LDC 7.10.23) Transfer of Development Rights Waiver to LDC/Comp. Plan Requirements 9 Appeal of Decision by Administrative OfficialtO 1-1 Eminent Domain Waiver" Application Supplement Packages 1. Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2.', Variance 7 LDC Text Amendment Administrative Official 3." Rezoning /Zoning Atlas Amend. 8. Re- Submittal 11 Eminent Domain Waiver 4 Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan 5 Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable feels). Page 1 of G Revised May 6. 2013 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: _ Supplemental Application Package No (Please provide separate fee calculation worksheet for each application type) 1 BASE REVIEW FEE: $ _., :: (A) CONCURRENCY FEE: $ (B) ERD REVIEW FEE: $ (C) C UTILITIES $ PER ACREAGE CHARGE. $ -- — (D) RESUBMITTAL FEE. (if applicable) $ (E) OTHER SUBTOTAL OF BASIC FEES: $ 23SU ° PRE -APPLICATION MEETING FEE: (F) $(_ ) deduction Receipt No. of Payment _ Date of Pre App _ 60 BALANCE OF FEES DUE: $ SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11 01 of the St. Lucie County Land Development Code $950.00 — Methodology Meeting (H)(If Applicable) ------------ • Additional fees will be due if a 31 party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 31 party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures'. • Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting Request _ i Page 2 of 6 Revised May 14, 2015 Project Name Site address: Parcel ID Number(s) Project Information Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) oH,o. Property location — Seclion/Township/Range:_ --L2 CtC-dtn S Property size — acres U, 1 Squarare fffootage:_364 Future Land Use Designation Zoning District—S-1-Li C. It Description of project: (Attach additional sheets if necessary) � ppco✓ed Lf Ueir�r� (r? -lv (-c)o, cine -J,1 b,,'14 on App)V�J 414 (vhovSe S,').5 0^ ©ra�v�y. j Type of construction (check all applicable boxes). ❑ Commercial Total Square Footage: Existing ❑ Industrial Total Square Footage: Existing i Residential No. of residential units: Existing // No. of subdivided lots: Existing ❑ Other Please specify: _ Number and size of out parcels (if applicable): _ Page 4 of 6 Revised May 14, 2015 Proposed: Proposed: Proposed: Proposed: SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer): OWr'+,t! Business Name: Name: -A,5�-1Iy-- Ir S40,. - - - Address: d 51 61 (" d i, J — (Please use an address that can accept overnight packages) Phone aye Fax E Agent Information: Business Name: Name- Address: (Please use an address that can accept overnight packages) Phone: Fax Email Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. 691 Property " / iopety O.vner Name (Pnn:e]) Mailing Address a yV [o c-i{r„41 Phone: %?J . (7 - N I L �AG f f S If more than one owner, please submit additional pages STATE OF je -' COUNTY OF 4,1 614-✓ 121' The foregoing instrument was acknowledged before me this "S0 day of fJ1--K , 20 12 by & I[41�y /I PLK S dam / who is personally known to me ofwhohla$ produced TM4 VW r LA as identification. �-- ' ` d rht /f r ^ y � L L� Sgnatwe n: N ary Type or Pnnl Name of Notary ee 1-7 $1-7 Commission Number (Seal) so- TO IAS RUIZ DE LUZURIAGA i _ * °. Nota,y Public - Slate of Florida r Page 5 of 6 c` Commission N FF 178175 j •.�,E �-p, n. a. rFfi Contm. Ex ues Nov 19, 2018 ; Revised May 14, 2015 .' o.o �1 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. Alf applications must include the following: Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 1,1 copies) C -i Aerial Photograph — property outlined (available from Property Appraisers office -IProperty Deed Legal description, in MS Word format of subject property* ; E roperty Tax Map — property outlined (electronic copy not required) Survey (2406) t� CDs of all documents submitted - with files named according to the Required Naming List (attached) I. a Concurrency Deferral Affidavit, or Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report.. if applicable Site Plan and Planned Development Applications must also include: [i Site Plan 24"06' at a scale of 1"=50'(12 copies- folded, riot rolled) Boundary Survey (2406) — Signed and Sealed (12 originals) J Topographic Survey (24x36) — Signed and Sealed (12 originals) i.-' Landscape Plan — Signed and Sealed (12 originals) Li Traffic Impact Report (TIR) (4 copies) if: 0 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) 'L1 Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland: o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S Hutchinson Island Development Order Extension Applications only require the following: El Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) l' Updated Traffic Analysis if applicable (4 copies) 1-1 Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 copies of the following: Main Application and back up material P Approved Site Plan and copy of approved Development Order t_) Plat - Include extra copies of Plat for applicable conditions of approval Four (4) Original Molars are due following ling! staff review. "Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s). Page 3 of 6 Revised May 14, 2015 Brit u- v � e L4.scly Supplement 2 Variance ApplicationSupplement j pid 17'v0�., Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details 1 1 (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) 7 , 011-{. b, 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: 'The, JiQ'q w'Is by i ).� i n 1 971 and pr 4ke retw4 Lao) avrr,tY Is no4 poStIto^ed en Ut Qr• pa'7' load (on-eii;P� �o �oduys rvdt. i 3. State the specific hardship imposed on the owner by the LDC? 'TIBC bwr+tr bovSk, 4;6 ho.t, (1'1 '20" u..Il SII of her Syv,,,sf This Ia r y It` h•.,e 'T),ts 's 0" {+,•...t, vt 'eed i� }o svr✓t t, 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. lit h p' Vas by ; ) � dtfort At rodrs wtra pv� 1`' P).ct aa� nrvta- addrejj'o ltC-w naw. 5. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhpod in which the subject propertyy is locat d. mord �►,:s. Ito t was •�ti at- Ydc 6rrsl hr,..rs by 11 �n�."5 ne s 7= 4 I n"rl NI%d4IVe.1 ;l is vat( le✓�%,o.d vd� w+ tit Surf. 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. }� '%c ko•-t kets %r. )fere Ocu 19IL7 64V %U. e,t woe, bo r a 4. 1e, 6'-ee is A"a vl.tcA welts -)�G neesklow-h Mel' VOJ'.e. ry. 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. St. ISSVf— r-Uds 4t, rlSO�vt � a, d 4'S W-711 a ddre-4 I Page 1 of 3�� i 1OI(s Revised: February 5, 2013 Supplement 2 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. A�P�ur,) A15 variant w;if QrOM04 See«el ionj 4tV-i Cron 0.4;C dtvG(Vp^*4, 9 Is this variance request loraled within a Homeowners or Property Owners Association? YES `NO \ If yes, then letter is required. • For any variance request within\an area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. 10. Name of Association `J f ✓� 11.Is there a letter from that association attached? YES N 1'} NO • Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. • Per LDC Section 10.01.04(A)(7) If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. • Except for non-residential accessory structures in AG -1, AG -2.5 and AG -5, if the application is for 100% variance from the road frontage requirements, proof of recorded legal access shall be furnished with the application. • 1 (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the public hearing. U`l��`C�IPJ, �! tCln`1�r1 Applicant dr Agent Name (printed) Page 2 of 3 Revised. February 5, 2013 Signature me w(prUVr..� Supplement 2 Variance Application Supplement oK.0{`�US Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details 1 1 (we) do hereby petition the St Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) 7 01,4 . lc� C 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted:' kt by;101,V is Zfo F6t+ fib,, J-Ae proew-�y lkc Pow At -rrt 4 IA..d svr,rrr, �hqs A y Cad4 VArlo.n,e is r?lvelo .rd Se btiw,F -'4 bv:ldl,X, aB r,vLe, *I. purport OF 44 bo!14 %n1 tb t< bedrv0...,. 3. State the specific hardship imposed on the owner by the LDC?Owntr 4tas wlrt.,clY tr s e+� ov it, -Ihovshd 461lws br;.Ji.J 3 4 bv;Id;,s ko t.tlt for wn 4hk 4;jf P �it.d prr-..•�. Alda 41nly wovtd ow,w last At honty 6A w brdroo-, f r ktr ch;ldn'&J, -MIS wvta ll-�Vrn tai,sc w htrdsl.;p kr alt (,,. N VA'-;' 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship.W►.rn Ut prdee-LI ij4s bn%t.d w yrwr "Jr o.t v wwS %4 a.r..re %E 114 I.tlt .F 06 --JS -nd 4, JwrimpW5. owrtr is a S1gA m04r 04 Io ch;ld.C" N bt.lastr.l wA 46 old, -A i, kht A -r Fora .rd to adoe4ci Easltr- ch old, 1.4-1 eF 4 ch;ldr.., 41'% ha -.t. fhe nods 411; hrdrvr. %a 4rr9^r4e }4 30"e 5. State reasons wily this variance will not be injurious to other property and/ori XAt k dli Ximprovements in the neighborhood in which the subject property is located. 'I4 bv;Iu;�Jhwt. bun on +k �'°oe4j Gor w )vw64 4 4e-rs''. br bi.1 dint, •3 hth:,d ^ ptIJQ�y Ftnr.t. 'IF L4 a,d;ld:.y wws inj Of""Jt Ont woad hope i} tlerld h4,c be, wildpeslgd. 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located.1he bv:lt;,5 is w Wnw.., to rtsidrnjtnl Rr.Ittrl1 bth;nd a (61st. > hkS nvi r.d ,til/ ark i+troti: ar.�Ftt� 4:r4& or wwy 44to i,trir ,t !f. 'fht ►,:Id%^J is A r.o-, w�Lh w 1►.�l.rrtn vhrclr ..t:ll iltr*ort 44 +"rop"l`/ V►Ivt, 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. "INt K 9tru4 velriw,tt is ,II 4 -kr 4 is rl�jv; .ci Or;n' k� bv:Id.Yd t� to -'IP" 166 4)v Goc ub"k w:11 wl(.,r F„r kk s�q.t k1+S F., ly ntccis. Page 1 of 3 I' 1 o nof,, Revised: February 5. 2013 Supplement 2 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Cornprehensive Plan. tt F-1ffrov�nq �%1t �% G0 VAC—I'Mre ftrrA��s ionSfSfc•� DftuvJC ' LAI kke Dv'%) � OF L:(( {,r ll.rs SGG r[St d•..� A d ch d d rr, 9. Is this variance request to within a Homeowners or Property Owners Association? YES NO If yes, then letter is required. • For any variance request with 1 area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. 10. Name of Association Iv A 11. Is there a letter from that association attached? YES I'q ) A NO • Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. • Per LDC Section 10.01.04(A)(7) If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. • Except for non-residential accessory structures in AG -1, AG -2.5 and AG -5, if the application is for 100% variance from the road frontage requirements, proof of recorded legal access shall be furnished with the application. • I (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the public hearing. ,5 e uric - a, Applicant brAgent Name (printed) Page 2 of 3 Revised. February 5. 2013 Signature Suppl�.,rent 2 Variance Application Supplement FoK (jOt,i;' di G%v Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details 1. I (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: (h gr.c r'S N 01 ljcari� rte, .%� Ic G .I - •''i'"1' r{fiv,�, •C fa- 5'rii'Sx r-� e1� 3 C ' � vse- � c e( 5 a•o���:.e oh r1 � k 5 c<e , 3. State the specific hardship imposed on the owner by the LDC? Tt �u<<S roar rn Y // c1,(1 // av+ cnGi /G� n ,3I� 1 r/cam(C n� c ./o `�� `p"•2 Gnc � T- Lav( `i-�14 i.i- C:6t�n P`-� Vr CJ �,Lr( i OGSL -r/.P 41t•( fi da o 4. State reasons why this hardship is unique to the owner and why other property kG"e similarly situated does not suffer from the same hardship. II.r. poli. IDrn �-,/as by 1.j l A�rs4.! Irlr 5. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhood in which the subject property is located. ^f ilfvv✓� oJnrr by;I.1e viiC ba-, ce� w�v a e! Gil u!f" )-LP Cv�.4-.l nG'sH6a5 ve-c wy- s,). -Il 110 . &,V' f q 4f -r c/ oK i S...P 5 . 6. State eeasons�vhy Phis variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. '1"dt. polc. bHrn 1S t((yGld U'( -e" .1. Lt•on �- F-�.i Js °I tyre ft S -e "s jt -&-(e '5 "4 ICs and '440 w.. 7. State why this variancels�the minimum variance that will make reasonable use of the land, building and structures. Possible a &L(n IS o irv�(jY �Lr{ VC r�vl rl -)-- Page Page 1 of 3 Revised: February 5, 2013 £0/ZO 39Vd >13ve S 9 890£ ZZ:Or elm/110/01 Suppl...ient 2 8. Explain how this proposed variance is consistent with the general spirit of the LDC and sI the St. Lucie County Comprehensive Plan. !1 r 11l�< ole, �k4in W rn, Y�7 P �ti�v� Vr •�, �T i_S nc•r rte.. e�fP Sur-e� (44iy 1 r COJ d. �h� ViCQ o/I ✓`', Gi.. �/ G,i=•Y.S'. 9. IS this variance request Io ate4, within a Homeowners or Property Owners Association? YES NO ) If yes, then letter is required. • For any variance request with -a area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. 10. Name of Association N1 14 11. Is there a letter from that association attached? YES CI ��- NO Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. Per LDC Section 10.01.04(A)(7) If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shalt be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Except for non-residential accessory structures in AG -1, AG -2,5 and AG -5, if the application is for 100% variance from therod frontage requirements, proof of a recorded legal access shall be furnished with the application. 1 (we) have reviewed LDC Section 10. Public hearing. 01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the Applicant or gent Name (printed) Page 2 of 3 Revised: February 5. 2013 Signature �� £0/£0 39vd NDCB S 5 890E �L:01 8TH/b010i JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY TILE # 4301744 OR BOOK 3988 PAGE. 2691, Recorded 04/26/2017 11:44:16 AM Doc Tax: $1995.00 Prepared by: Tracy Kjos, an employee of Express Title Services of Citrus, Ine., 2704 W. Woodview lane 1 ccanto, Florida 34461 RECORD 6r RETURN TO: GR.ANTIT Consideration: $785,000.W File Namnber: 17-0063 General Warranty Deed Made this April 18, 2017 A.D. By Thorns Ferguson and Lauren J. Ferguson, husband and wife, 251 N.Cardinal Place, Fort Pierce, Florida 34945, hereinafter called the grantor, to Ashley Erickson, a single woman, whose post office address is: 251 N. Cardinal Place, Fort Pierce Fl. 34945 ,hereinafter called the grantee: (Whenever used herein the tenn "grantor" and "grantee" include all the patties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and contirnvs unto the grantee, all that certain land situate in St. Lucie County, Florida, viz: Lots 18, 19, 20 and 21, Block 6 of JAY GARDENS -FT. PIERCE, according to the Plat thereof as recorded in Plat Book 10, Page(s) 70, of the Public Records of St. Lucie County, Florida. Parcel ID Number: 2311-601-0103-000-8 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all poisons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2016. GR BOOK 398E3 PAGE 2692 Prepared by: "rracy Kjos, an employee of Express Titte Services of Citrus, Inc„ 2704 W. Woodview Lane L.ecauto, Florida 34461 RECORD & RETMN TO: GRANTEE Consideration: $285,000.00 File Number: 17-0063 in Witness Whereof, the said grantor has signed and sealtA these presents the day and year first above written. Signed, sealed rind delivve'- rel in ourpresenre: Witness Of Sign {,_�_�1'/�`%`.'�"=-,Yhnma Witness Printed Name -� o (t _ H V f P V, CL- Address: -_ �__— Witness#2 Sign. I- (�/{x_ Witness Pnnted Name State of 0 0 CA County of "�A -A Qae J —(Seal) Place, Fort Pierce, Florida 34945 Addrmsr 251 N.Cardinal P _(Seal) Pierce, Florida 34945 The foregoing instrument was acknowledged before me this �Tay oflAi �Cll 2017, by Thomas Ferguson and Lauren J. Ferguson, husband and wife, who is/are personally known to me or who has produceddyjj3?ys __�. i_C�"�'— as identification. AFFIX NOTARY SEAL .,,,.., , Nota c.. ,<° Ncfaiy PLJhL $Id(E of � — m y Comnt .pir¢y OCI $, %Gp Jty Commtrsion F.idAres: Q ••e�F COrtL9,i55iJ9 N FF __�,_.. Rorded fir 049374 aryn Nat�ana� Naary Assn FNVIRONMENTAL RESOIJRCES FINAL RITORT TO: Bethany Grubbs, Planning & Development Services Department THROUGH: Amy E. Griffin, Environmental Resources Director Ben Balcer, Environmental Resources Manager FROM: Aimee Cooper, latvironmental Planner DATE: October 1, 2018 SU13JECT: Erickson, Ashley BA -920185372 Background The Environmental Resources Department (ERD) is in receipt of a variance application requesting approval for two (2) encroachments: I ) an 8.9 ft, encroachment into the required rear setback for an existing detached garage located on the northwest part of the parcel; and 2) a four (4) ft. encroachment into the required side -corner setback for an existing guest house located on the southwest part of the parcel. The 0.84 -ac residential lot is located just north of Orange Rd. at 251 N. Cardinal place within Jay Gardens of Ft. Pierce. Findings The proposed variance is not anticipated to result in any adverse environmental impacts. Should any site development activities be proposed in the future, FRD staff will conduct further review through the site plan or building permit review process. Recommendation ERD recommends approval of the proposed variance 0 o v m m W W J tp _C o 0 0 0 0 0 0 0 X N -O O O O O O O O ut W J Q fp c 3 U < LL F< W LL Z W LL W Q Z O Z OZ K J G m J l7 K Z N N N N N X � M Vl Vl Vl N N N K N N C O O O O O O O O O O VI V N N N N N N > N O O O O O O E r r Z LL N N N N N N W J � W cc LL o J L Z C O O n n r n c0 Z a W r- g N w o E v N O O o 0 0 Zc '� trf n/ r N O O O O W N C in E 3 N N Q (a l7 p p 0 ci N W W N M d J F H W U W J Q W _I Q F W < LL F< W LL Z W LL W Q Z O Z OZ K J O K J l7 Z J l7 K Z N N N N N W W 2' K 0 E. AR -1 AGRICULTURAL, RESIDENTIAL - 1. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for single- family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings. The number in '( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(8). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Family day care homes. (999) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) c. Single-family detached dwellings. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. 5. Off -Street Parking Requirements. Off-street parking requirements shall be in accordance with Section 7.06.00, 6. Conditional Uses: a. Crop services. (072) b. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) c. Industrial wastewater disposal. (999) d. Kennels - completely enclosed. (0752) e. Landscaping and horticultural services. (078) f. Retail: (1) Fruits and vegetables. (543) g. Riding stables. (7999) h. Veterinary services. (074) L Telecommunication towers - subject to the standards of Section 7.10.23. (999) 7. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Agriculture (farms and ranches accessory to single-family detached dwelling). (01/02) b. Animals, subject to the requirements of Section 7.10.03. (999) c. Guest house subject to the requirements of Section 7.10.04. (999) d. Mobile home subject to the requirements of Section 7.10.05. (999) e. Retail and wholesale trade - subordinate to the primary authorized use or activity. f. Solar energy systems, subject to the requirements of Section 7.10.28. SCHEDULE OF DISTRICT REGULATIONS 74• ST. LUCIE COUNTY FLORIDA Resolution adopted September 13, 1961 R-lAA to R -1C ONE FAMILY DWELLING These districts are intended. to be single family residential areas, ranging from lot to medium population density and ranging from large lots to lots with somewhat lower minimum requirements for lots & yards. PERMITTED PRINCIPAL USES AND STRUCTURES . One family dwelling. Recreation buildings and facilities, playground, playfields, parks, beaches, owned and operated by Federal, State, County or Municipal .governments. Existing cemetery, crematory or mausoleum. Existing railroad right of way, not including switching freight, or storage tracks, yards, buildings, or maintenance structures. Publicly owned. and operated library, art gallery, or museum. NOTE: In R-lAA', lots of lesser size than hereinafter specified lying between Indian River Drive and Indian River may be utilized for benches, approaches to river, docks and boat houses; the roofs of which do not extend higher than the adjacent elevation of Indian River Drive. In R-lAA District onl the.owner of a parcel of land containing not less than two acres and who resides thereon, may keep not more than -two (2)'horses or two -(2) ponies for his personal or family use; provided. they are not placed; kept, or permitted within one hundred fifty (150) feet of any dwelling under separate ownership and not less than three hundred (300) Net from the edge of the West right - of -stay -of South Indian River,.Drive. PERMITTED ACCESSORY USES AND STRUCTURES Uses accessory to any of the permitted uses when located on �he same lot and not involving conduct of any business, trade, occupy ion, or profession. SPECIAL EXCEPTIONS PERMISSIBLE. BY THE BOARD OF' ADJUSTMENT AFTER PUBLIC HEARING AND SUB- JECT,TO APPROPRIATE CONDITIONS AND SAFEGUARDS. Public utility buildings. Churches, Open accessory parking lots. . Educational, recreational, and social centers not operated for profit. and intended to serve the surrounding neighborhood.. Nursery School or child care center operated by a church on same premises as church when building is located not less than 20 feet from any other lot in an R District, provided that there is established, maintained, and used for the children at playp in connection therewith one or moire completely and securely fenced play lots which- if closer than 50 feet to .any property line, shall be screened by .9 masonry. wall or compact evergreen hedge not less than 5 feet in height, lgcated not less than 20 feet from any, other lot in an R district. Mobile home as. accessory use to a permitted private school to protect property against vandals, th$ev.es,•etc. , providing that any grant of. Speciai Exception shall set a time limit of not to exceed one (1) year. . AMENDED RESOLUTION No. 90-30 (3-25-80) Section 29 i'S 75. R-1AA to R -IC ONE FAMILY DWELLING Private schools offering curricula substantially equivalent to public schools of comparable grades and meeting requirements of State Department of Education. Golf course, not including miniature golf course or practice driving tee, providing lot comprises of at least 100 acres or land in one parcel and any accessory parking area, building, or structure is located at least 100 ft. from any other residentially, zoned prop- erty. In R-lAA districtonnly for lots abutting Indian River Drive: Guest houses, providing that for any grant of special exception for such purpose the owner shall sign an agreement that such guest house will not be used for rental purposes, and providing such guest house shall have a minimum floor area of 500 sq. ft.. Home occupation subject to.provisions.of Para 17, Section 7. In the R-lA, R-lB and R -IC Districts, an owner of a parcel of land containing not less than two acres, and who resides thereon, may keep not more than two horses or two ponies or one horse and one pony for his personal or family use; provided they are not stabled or stalled within one hundred fifty (150) feet of any dwelling under separate ownership. The horses or ponies shall not be kept for sale or resale nor for commercial purposes, including breeding, boarding, or veterinary care. The entire area shall be kept in a clean and sanitary condition meeting all requirements of the St. Lucie County Health Department. AMEND RESOLUTION 77-102, adopted 9/6/77. M7 NIMUM LOT REQUIREMENTS (Area/width) RESIDENTIAL STRUCTURE OR USE: RZAA - Tor lots abutting Indian River Drive, State Road 707: Width: 100 feet Depth: 250 feet. Other lots conform to R -IB district. R -1A - Width: 100 ft. Area; 11,000 sq. ft. R -IB - With well & septic tank: Width: 85 ft. Area: 10,000 sq. ft, with either well or septic tank or with neither: Width: 85 ft. Area: 9,350 sq. ft. R -IC - Wath well & septic tank: Width: 75 ft. Area: 10,000 sq. ft. with either well or septic tank or with neither: Width: 75 ft. ' Area: 8,250 sq. ft. With central water system and central sewage collection & secondary treatment facilities: Width: 75 ft. Area: 7,500 sq. ft. Permitted Non -Residential Structure or Use: Width: 100 rea: lOeOOO sq. ft. .Except that in R-1AA district lots abutting Indian River Drive, State Road 707, shall meet resi- dential requirements. MAXIMUM LOT COVERAGE BY ALL BUILDINGS: 35% MINIMUM YARD REQUIREMENTS (Depth of front & rear yards, width of side yards) See also Section 10. Residential: t ro ffat-25 f., except lots in R-1AA district abutting Indian River Drive shall have minimum 50 ft. Side: 10 ft., except that in R-lC district minimum is I ft. Rear: 15 ft. Corner lots: 25 ft. front yard (except minimum for lots in R-lAA district abutting Indian River Drive is 50 ft.) and side yard 15 ft. Section 29 R-1AA to R -1G ONE FAMILY DWELLING Permitted Non -Residential Structure or Use ront: 30 ft. except accessory buil Ings, Side: 20 ft,, with increase in minimum of height of structure in excess of 20 buildings, structures or uses.) Rear: 25 ft. except accessory buildings, 76. structures, or uses.) 1 ft. for each 2 ft, of ft. (except accessory structures or uses.) Residence: 2 J/2 stories or 35 ft. Permitted Non -Residence: Same, except that with approval of Board of la-justment maximum eight may be 4 stories or 50 ft. if Board of Adjustment shall find such action will not injure surrounding pro- perty and accords with spirit and purpose of the Resolution. A14ENDED RESOLUTION NO. 73-44 4/3/73 MINIMUM FLOOR AREAS (See Definition) R-lAA: 1,000 sq. ft. except lots abutting Indian River Drive have minimum 1,250, sq, ft. R -1A: 19500 sq. ft. R -1B: 1,000 sq. ft. "R -lc: 850 so. ft,, LIMITATIONS ON SIGNS No signs intended to be read from off the pre- mises—_except: ee Section 9 for General Sign Regulations) One non -illuminated wall or ground sign not over 6 sq. ft. in area ad- vertising sale or rental of property upon which sign is located. One non -illuminated wall or ground sign not over 2 sq. ft. in area to. prohibit trespassing, for safety, or for caution. On a lot containing permitted non-residential use, other than an accessory use, one identification wall sign not over 12 sq. ft. in area and one bulletin sign not over 32 sq, ft. in area, on each side street. Two non -illuminated, subdivision or project, ground signs, each having an area not over 128, sq. ft. on a subdivision while under develop- ment to advertise the sale of lots or .new houses, provided such subdivision has an area of at least 3 acres. No animated, roof or projecting type signs permitted. Overall height of any ground sign not to exceed 4 ft. above the ground, except that bulletin sign or subdivision sign may extend to maximum height of 12 ft. above the ground. One temporary construction project ground sign, not to exceed 32 sq. ft. of area, on each street side on which lot abuts, such sign not to be -closer than 15 ft. to any property line, not to be erected more than 60 days prior to beginning actual construction, and to be removed upon completion of construction. If construction is not begun within 60 days after sign is erected or if construction be not continuously and actively prosecuted to completion, sign shall be removed. Neon -type sign prohibited. Strip lighting prohibited. Section 29 .7 . R -IAA to R -IC ONE FAMILY DWELLING - - PROHIBITED USES: (Amend Resolution No. 77-129, 10/25177) The raising or keeping of any animal, livestock or fowl except those specifically permitted or those animals generally recognized as household domestic pets. Any business, trade, occupation or profession, except a "home occupation" as provided in Subsection 17 of Section, 7. Section 29 ("�;�x � "SS 4.yi it j.:• '3 �t xR, �� }:. i �� v ''14G1�� ; V � ,s a ] P 6 ttt 1 51, gg Y � t1 .1 aF � � • � � � � fti til r 'S ., 97 ��-.,R{}i���`l� {1{1{1 � 11� �F� �•<��� v • �� • fYv r g r{ 3 a 0 J f� 1jai it It I -y.�u.. _ � 1 �'z^�k..�'—v�`T•�� �r JGYO� X7+1 { .)'s: •` l• : i O l r , � . er{ie�',1y``��?t� r`l$ l"�•1i � �. �� a� � l ' `. tl• t r � `' �..d4` �,.+'. Q' a Z c� b N N E s, m 0 z a 2 (0 U 7 � 'O 7 d LO C � lv O LL N N O LL > - C � � CU a d EL W. . o L a 0� D U O a m c m o � m m � O O 7 E C U U E ,o O) O 7 Qo U m N Q U t.% m C .•' ti > to >% z co d 1-1 . r O .0 Ip v O N 0 N Q Q ' C) C13 0' Q • 'n 'yam •. ..... �. �t W Q' a Z c� b N N E s, m 0 z a 2 (0 U 7 � 'O 7 d LO C � lv O LL N N O LL > - C � � CU a d EL W. . o L a 0� D U O a m c m o � m m � O O 7 E C U U E ,o O) O 7 Qo U m N Q U a� � as �MWKJ CU z< 0 O C9 Qz N R c' C i p o 2 U L � LL a o a Z 3 a LL m .. D d .. 3 LO N � CU O C9 Qz R c' C i p o 2 U o a Z U O .. D d .. 3 LO N J 1 !® LO M • ' {. aa'3NNIF8 c m M a c 4 ((� ■�%1 t . J ffi co u i W C 4.. N M m• ui u is I— O a~� o N N •••••• •• N ........• N.L L W �dnn�H�dagivg o 0 V d O LL ... u. O 0- U v CU Qz R c' � p o 2 w m` o a Z U O C to () d .. CD J 1 !® ST. LUCIE COUNTY The proceedings of BOARD OF ADJUSTMENT of Adjustment are PUBLIC HEARING AGENDA Cally recorded. PUR January 23. 2019 SECTION 286.0105, NOTICE OF PROPOSED to appeal anyy de VARIANCE REQUEST by the Boar tl of with respect to of i a a an the to set- res - feet side the File Number: BA 920185372 Location: 251 North Cardinal Place, Fort Pierce, FL 34945 Parcel ID: 2311-601.0103-000.8 The Public Nearing on this Item will be held in the Com- mission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Ave- nue, Fort Pierce Florida on January 23, 2019beginning at 9:30 a.m. or as Soon therea ter as possible. The St. Lucie County Board of Adjustment has the power to authorize variances from the dimensional requirements of the St. Lucie County Land Development Code, in accor- dance with the Provisions of Section 10.01.00, of the St. Lucie County Land Develop- ment Code. or sne wm need a e droceedinds. For be upon request. It it becomes necessary, a public hearing may be continued from time to time to a date -certain. Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie Coun- ty Risk Manager at least for- ty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D. (772)462-1428. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA /S/ ROBERT LOWE, CHAIRMAN PUB Jan 4, 2019 TCN 2185306 Board of Adjustment Meeting Time: 9:30 AM (or soon thereafter ) John Doe 123 Anywhere St. Anywhere, USA 12345 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 Applicant Ashely Erickson 251 N. Cardinal Place Fort Pierce, FL 34945 Proiect Location 251 N. Cardinal Place Fort Pierce, FL 34945 Parcel Size 0.84 acres Future Land Use RU (Residential, Urban) Existing Zoning AR -1 (Agricultural Residential -1 du/ac) Staffs Recommendation Board denial of requested van ante. Erica.on, Aanlay Variance eA.a:aelesarx Location Date Mailed 01/09/2019 Public Hearing Notice Wednesday, January 23, 2019 Notice of Proposed Variance Request for Ashley Erickson (File No. BA 920185372) 500a Noufiu�gn Trea 0 YA SCO i50 tt'W ABfia1IbNT'XIIB rMsugau Ganl _____ 1 Map pr¢pa.'etl NOv 6, 2010 A Prolect Description Petition of Ashley Erickson requesting a Variance for multiple existing residential structures from the minimum building setback requirements in the ARA (Agricultural, Residential - 1 dwelling unit) Zoning District to allow three (3) accessory structures (pole barn, shed and pump house) to encroach a maxi- mum of 13.2 feet into the rear setback, guest house to encroach 4 feet into the southwest corner side setback and the single family residence to encroach 11.9 feet into the southeast corner side set- back and 30.6 feet into the front setback. The St. Lucie County Board of Adjust- ment (BOA) has the power to authorize variances from the dimensional require- ments in accordance with the provisions of Section 10.01.00, of the St. Lucie County Land Development Code. County policy strongly encourages pub- lic input and comment at the public hear- ing. You may also mail or email written comments regarding this proceeding in advance of the public hearing for inclu- sion in the official record. Written com- ments to the BOA should be received by the Planning and Development Services Department—Planning Division at least 3 days prior to the scheduled hearing. Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772.462.1546 or TDD 772.462.1428 Further details are available in the Planning and Development Services Department—Planning Division please contact: Linda Pendarvis, Project Manager, Tel 772-462-1562 Email pendarvisl@sllucieco.org Mail 2300 Virginia Avenue Fort Pierce, FL 34982 ST. LUCIE COUNTY VARIANCE RESPONSE FORM Please Return To: St. Lucie County Planning and Development Services — Planning Division Attn: Linda Pendarvis, Development Review Coordinator 2300 Virginia Avenue Ft. Pierce, Florida 34982 Email: PendarvisL@stlucieco.org Fax # 772-462-1581 PROPOSED REQUESTED VARIANCE: Petition of Ashley Erickson requesting a Variance for multiple existing residential structures from the minimum building setback requirements in the AR - 1 (Agricultural, Residential - 1 dwelling unit) Zoning District to allow three (3) accessory structures (pole barn, shed and pump house) to encroach a maximum of 13.2 feet into the rear setback, guest house to encroach 4 feet into the southwest corner side setback and the single family residence to encroach 11.9 feet into the southeast corner side setback and 30.6 feet into the front setback. REGARDING PROPERTY LOCATED AT: 251 North Cardinal Place, Fort Pierce, FL 34945 If you wish to comment, please check only one of the three following statements and return no later than January 21, 2019. 1 AM IN FAVOR OF THE REQUESTED VARIANCE ............................................ I AM NOT IN FAVOR OF THE REQUESTED VARIANCE .................................... I HAVE NO OPINION TO THE REQUESTED VARIANCE .................................... I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. Name (Please Print): Address: Date: Signed: Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. (File No.: BA 920185372) Form 07-34 q N l7 a l0 P a N a O N N O N N N N N r p N N (b pN N (O (p yN y N N p N N VI 00 d ONO rn m rnm V N m m m mi m m m N m m m m .01 m m m rn o rn O a .R O O LL LL LL IJi LL LL iJi LL Z LL lL LL lJl � IJi LL Z LL LL LL ll LL LL v 0� v 0�nQI ,dN na nv v v v a a a U a v v _v a a avN naa nv ` `UUUUU U ` ` U i V ` ` ` ` `p._ as a U Na (L CL anwoasa 0 0 0 0 0 0 0 0 O O O O O O VVN 0 0 0 0 0 0 LL LL LL LL LL LL w LL m (n LL LL n LL LL LL m LL LL LL LL w w U y 6] O c 7 @ U � 0 m N N 3k J 3 J Z Z i W J Q y U O n w 00 c Q N T S w z ZD z @ a @_ � n' Y; C j z a@@ .� c o Q �y r S o O v mcj m00 5-N �'Lwv@3 ow a�'�mw W N U 0 fn U U O a �a J N m U 0 O J O N O O TmN �-�-NNmNMNm mmmm a E A N N TN E Q Q Q Q m O A E �` C A y Ay Ug F@`2 KC) W fsw U m 00 > A Z = 90 0O mEE m '�. O 0 n V U 2 g�J aX ¢ to H I A Z N T Q C .0 L a A >> LL m N C C y c E 4 v >. n E E r c w c- o v c o 5:22 n �U' �¢ YKlo CO -f QK �-vi �Fa- w �Y0n0 ' a za EJ O 'JA C A A a J A A N g J ` QJ O C C Y C [11 C N ✓i tV UEouEotHHoix>N aawm E-° yd :° A - '- o o $ $ o- @ v v v v x Ni I Ill lllll�C r 1+11 VII COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS -SIGN AFFIDAVIT STATE OF FLORIDA COUNTY OF.� , j �c �L? Ashley Erickson__.__. being first duty sworn deposes and states: 1. 1 am the owner or the agent for the project known as Ashley Erickson Variance for the following petition: File No. SA 920185372. 2. 1 hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E of the St Lucie County Land Development Code for the January 23, 2019 public hearing to be conducted by the Board of Adjustment on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by the St Lucie County Planning and Development Services - Planning Division on January 9, 2019. The following required documentation is attached: A. Dated Photo submitted electronically (Close up) _ B. Dated Photo submitted electronically (Distant) _ Further affiant sayeth not. / a ;=Fw ANGfIO CR�t GRIiFiTi 7 6'Ctary NElis_513IP=s Gtpnl± ��� 1 Conmssicn: GG 1<it t3 �`+.`� My Ccmm. Ex,@ts 517:5. ZCZi Signafure of Affiant STATE OF FLORIDA COUNTY OF S k. L v 6 e The foregoing instrument was acknowledged before me this it' day of 3-nv-tq 2019, by I N s h l c rl 5 y t G r i c 1t Son . Said person _ is personally known to me, L9roduced a driver's license issued by a state of the United States within the last five (5) years as identification, or _ produced other identification, to wit 0f�- .2 2�-� Notary Public, State of FtoCA � Aov V'�f` �s f15C`tl Typed or Printed Name of Notary Commission No.: G(5 N lailly My Commission expires: oy • 2G- 21 ST. LUCIE Planning and Development Services Department Planning Division MEMORANDUM TO: Board of Adjustment THROUGH: Mayte Santamaria, Assistant Director FROM: Linda Pendarvis, Development Review Coordinator Xi o DATE: March 1, 2019 V SUBJECT: Board of Adjustment's continuance of the petition of Ashley Erickson from the January 23, 2019 public hearing. This petition of Ashley Erickson was presented at the January 23, 2019 Board of Adjustment (BOA) public hearing and was continued to the March 27, 2019 public hearing to allow the applicant time to research the additional information requested by the BOA. The variance request is to allow three (3) accessory structures (pole barn, shed and pump house) to encroach a maximum of 13.2 feet into the rear setback, a guest house to encroach 4 feet into the southwest corner side setback and the single family residence to encroach 11.9 feet into the southeast comer side setback and 30.6 feet into the front setback from the minimum building setback requirements of the AR -1 (Agricultural, Residential — 1 du/ac) Zoning District to remedy multiple encroachments in the rear, comer side and front yard setback requirements. At the public hearing the BOA posed the following questions: I . The survey presented indicates a twelve foot drainage easement that runs north to south under the single family residence. Was the drainage easements abandoned? 2. The pump house that encloses the well and pool equipment for the residence and the pool is located in close proximity of the septic system near the guest house. The BOA had a concern regarding the separation requirement not being met between a well to a septic system of seventy five feet. 3. The BOA requested the property owner to go back to her Title Company and/or Mortgage Company and find out why they did not require a survey at closing. ST. LUCIE Board of Adjustment Petition: Erickson Variance Page 2 of 3 CRIPPLE CREEK LANE - WEST AVENUE "E" (P) NOOSE _ \CONCR❑❑E' LO 1 H POOL DECK) I II 1 -STORY I y,v i - FRAME � 11-9 'ry9 I APPROXIMATE GRAVEL LOCATION OF I _ SEPTIC DRIVE - I 8 FRAME FRAME RESIDENCE GRAVEL DRIVE LOT 19 0 Excerpt of BOUNDARY SURVEY CMP a z CHO-N 44'56'51" E uc yr uwt ROAD 12" CMP FORC.'N 68'50'45'E 134.91'(C)., rFDRC _X -._P : - X—.y—_;65.80'->(P)--w �\A' , 6.0' DRAINAGE 3.1'� 35.49" i EASEMENT (P) L-39.36', R=25.00' h� 1 CHORD_35.42' 090'12'12" FARC i O 1 CMB=N 4503'09' W - ••• 22.68" _ 6.0' DRAINAGE 2T.3' �EASEMFNT (P) \ r� IJ.4' 11 ` a, r, POFE BARNS �0 2.22',-- (DIRT FI.00R) I I V m 1.29' t 124.25'- i0.2' 1 -STORY I FRAME SHED $ I I _ I 8 � 2I LOT 21 LOT 20 I 9I I I � I ( J --N_- I d N 6' WOOD FENCE I I -�-_ % APPROXIMATE LATE J/LOCATION OF f SEPPC *, '5.6' I- $ N `6' WDOD FENCE PDAIP NOOSE _ \CONCR❑❑E' LO 1 H POOL DECK) I II 1 -STORY I y,v i - FRAME � 11-9 'ry9 I APPROXIMATE GRAVEL LOCATION OF I _ SEPTIC DRIVE - I 8 FRAME FRAME RESIDENCE GRAVEL DRIVE LOT 19 0 Excerpt of BOUNDARY SURVEY CMP a z CHO-N 44'56'51" E Board of Adjustment Petition: Erickson Variance Page 3 of 3 In response to the BOA's concerns, the following information is provided Response to # 1: On April 25, 1978, through Resolution No. 78-41, the Board of County Commissioners approved the vacating and abandoning of the east 6 feet of Lot 18 and the west 6 feet of Lot 19, Block 6 of Jay Gardens Subdivision, thereby abandoning the drainage easement that the single family residence is built over. Response to #2: On October 19, 2018, the Department of Health approved an onsite sewage treatment and disposal system construction inspection and final approval that converted two septic systems on the property to one. The existing septic tank on the southwest corner (near guest house) of the property was converted to a lift station to pump waste into the septic tank and discharge into the one drain field located on the northeast side of the single family residence. Response to #3: On February 11, 2019, the applicant indicated in an email that she contacted her mortgage company to find out why there was no survey required. On February 18, 2019, the applicant stated in an email that she had an appointment with an attorney and will provide an update to the BOA at the March 27, 2019 meeting. RECOMMENDATION Based on the staff analysis included in BOA memorandum dated January 4, 2019 and the additional information provided based on the BOA's review and questions on January 23, 2019, staff has determined that the petition does not necessarily conform to a strict interpretation of the standards of review as set forth in Section 10.01.02, St. Lucie County Land Development Code. The variance sought arises from conditions that are not unique and do not qualify as a hardship as defined in the St. Lucie County Land Development Code; however, the variance is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. The single family residence was constructed prior to the adoption of the current AR -1 zoning district creating a nonconforming structure due to greater setback requirements than the previous R -IC zoning district. Staff is recommending approval of the requested variance for the single family residence as the encroachment into the front and side yard setbacks is the result of the County's overall zoning district amendment to AR -1 Zoning District for the Jay Gardens Subdivision. Staff is recommending denial of the requested variance for the guest house and three accessory structures (pump house, shed and pole bam) as there are no building permits issued to indicate the date of construction or location within the property. The applicant is requesting the variance to allow for the existing structures to remain and to be permitted to apply for an after the fact permit. Attachments: Resolution 78-41 Department of Health Permit Email between staff and applicant Staff Report for January 23, 2019 GN INN 2100 3A,L41 NV3r oll o (d; ld -.VNIOkW) N T1 nl T, No tt 1)t z'4,— itt 0 > id) 3AV NQStlOIN AlIM A-JVBCIIVI t 13 T q', IVNVO 0 0 RESOLUTION NO. 78=41 WHEREAS, the Board of County Commissioners of t. Lucie County, Florida, held a public hearing on the 25th day of A ril, 1978, after first publishing a notice of said hearing in the Ne s Tribune at Fort Pierce, Florida, on the 10th day of April, 1978, on closing, vacating and abandoning that portion of the following descri ed easement and renouncing and disclaiming any right of St. Lucie C unty and the public in and to the lands lying within that portion of sa d easement in St. Lucie County, Florida described as follows: The east 6 feet of Lot 18 and the west 6 feet of Lot 19, Blod� 6 of Jay Gardens Subdivision, as per plat thereof recorded in Plat Book 10 at page 70 of the public records of St. Lucie County, Florida and, WHEREAS, at said public hearing there were no bjections to closing, vacating and abandoning said easement"and renounci-n and disclaiming any right of St. Lucie County and the public in and to the lands lying within said easement, and in the opinion of the Board of C unty Commissioners, it is to the best interest of the public to close, acate and abandon said easement and disclaim and renounce any right c and the public in and to the lands lying within sai NOW, THEREFORE, BE IT RESOLVED by the Board of of St. Lucie County, Florida, in meeting assembled April, 1978 as fo-lows: 1. That portion of a public easement in St. L described as follows: The east 6 feet of Lot 18 and the west 6 feet Block 6 of Jay Gardens Subdivision, as per pl recorded in Plat Book 10 at page 70 of the pu of St. Lucie County, Florida be and the same is hereby closed, vacated and aban of St. Lucie county and the public in and to the 1 said easement is hereby disclaimed and renounced. St. Lucie County easement County Commissioners his 25th day of e County, Florida, f Lot 19, thereof is records ned, and any right d lying within 2. That a Notice of Adoption of this resolute n shall be published in the News Tribune, Fort Pierce, Florida, one tim within thirty 30 of the date hereof. 0 0 3. That the proof of publication of the Noti a of Public Hearing, a certified copy of this resolution and the proof f publication of the Notice of Adoption of this resolution be recor ed in the public records of St. Lucie County, Florida. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FL RIDA aiiman ATTEST: Cl erk STATE OF FLORIDA COUNTY OF ST. LUCIE The undersigned, Clerk of the Board of CountyCommissioners of the County and State aforesaid, does hereby certif that the above and foregoing is a true and correct copy of a reso ution adopted by the said Board of County Commissioners at a meetin held on the 25th of April, 1978. Witness my hand and the seal of said Board ths a $'d day of April, 1978. Roger Poit as, Clerk of the Board of C unty Commissioners of St. Lucie County, Florida APPLICANT: Ashley Erickson AGENT: Bruce Mc Cullers (Reliable Treasure Coast Services) PROPERTY ADDRESS: 251 N Cardinal PI Fort Pierce. FL 34945 LOT: 18.20 APPLICATION 8: 4^� STATE OF FLORIDA PERMIT a:56 -SF -1867289 5 { DEPARTMENT OF HEALTH e:F11224463 SETBACKS 2 Z' ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM DOCUMENT SURFACE WATER FT J TANK MATERIAL Concrete [ ] (281 DITCHES FT [ 1 [031 OUTLET DEVICE CONSTRUCTION INSPECTION AND FINAL APPROVAL DATE PAID:08/01/2018 [ 1 [04] .moo v.E ♦h N [ 1 [301 PUBLIC WELLS FT ' OUTLET FILTER [ ] [311 FEE PAID:350.00 [ ] [06] LEGEND 1. Unknown 2. [ 1 [321 RECEIPT n:56 -PID -3633676 APPLICANT: Ashley Erickson AGENT: Bruce Mc Cullers (Reliable Treasure Coast Services) PROPERTY ADDRESS: 251 N Cardinal PI Fort Pierce. FL 34945 LOT: 18.20 BLOCK: 6 SUBDIVISION: Jay Gardens ID#: 2311601-0103-000-8 CHECKED [X] ITEMS ARE NOT IN COMPLIANCE WITH STATUTE OR RULE AND MUST BE CORRECTED. TANK INSTALLATION SETBACKS [ ] 1011 TANK SIZE (11 1050.00 (2] [ ] (271 SURFACE WATER FT [ 1 [021 TANK MATERIAL Concrete [ ] (281 DITCHES FT [ 1 [031 OUTLET DEVICE [ 1 [291 PRIVATE WELLS 77 FT [ 1 [04] MULTI-CHAMBERED [ Y i N [ 1 [301 PUBLIC WELLS FT ( 1 [051 OUTLET FILTER [ ] [311 IRRIGATION WELLS FT [ ] [06] LEGEND 1. Unknown 2. [ 1 [321 POTABLE WATER 45 FT [ ] (07] WATERTIGHT [ 1 [331 BUILDING FOUNDATIONS 5 FT [ ] [083 LEVEL [ 1 [341 PROPERTY LINES 7 FT ( 1 (091 DEPTH TO LID [ j [351 OTHER FT DRAINFIELD INSTALLATION FILLED / MOUND SYSTEM [ 1 [101 AREA [1] 675 (2] SQFT [ j [361 DRAINFIELD COVER [ 1 [11] DISTRIBUTION BOX _ HEADER X [ 1 [371 SHOULDERS [ 1 [12] NUMBER OF DRAINLINES 1. 7.00 2. [ 1 (383 SLOPES [ ] [131 DRAINLINE SEPARATION [ 1 [391 STABILIZATION [ ] 1141 DRAINLINE SLOPE [ J (151 DEPTH OF COVER ADDITIONAL INFORMATION ( ] [161 ELEVATION [ ABOVE / BELOW ]BM 14_00 ( 1 [401 UNOBSTRUCTED AREA ( ] (17] SYSTEM LOCATION [ 1 [411 STORMWATER RUNOFF [ 1 [181 DOSING PUMPS [ ] [421 ALARMS [ 1 (191 AGGREGATE SIZE [ ] [43] MAINTENANCE AGREEMENT [ 1 (201 AGGREGATE EXCESSIVE FINES [ ] [441 BUILDING AREA ( ] (211 AGGREGATE DEPTH [ ] (45] LOCATION CONFORMS WITH SITE PLAN FILL / EXCAVATION MATERIAL [ ] [46] FINAL SITE GRADING [ ] (47] CONTRACTOR Bruce T Mc Cullers (Reliable T [ ] [221 FILL AMOUNT [ ] [481 OTHER INFILTRATOR ARC 24 [ ] [23] FILL TEXTURE [ ] [241 EXCAVATION DEPTH ABANDONMENT [ ] (25) AREA REPLACED [ ] [491 TANK PUMPED [ 1 [261 REPLACEMENT MATERIAL [ ] [50] TANK CRUSHED 6 FILLED Comments: Comments are on page 2. / /&117- St. Lucie CHD DATE: 1011912018 CONSTRUCTION [APPROVED DISAPPROVED -� 1' Environmental Supervisor l DiannaSS May (Florida Department of Halt FINAL SYSTEM [ APPROVED / � r St. Lucie CHD DATE: 10/19/2016 DISAPPROVED ]: ' �L Environmental supervisor I Dianna S May (Florida Department of Heal (Explanation of Violations on following page) IS 4016, 08/09 (Obsoletes all previous editions Which may not be used) Incorporated: 64E-6.003, FAC Page 2 of 3 � rye sxp F STATE OF FLORIDA b� DEPARTMENT OF HEALTH ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM CONSTRUCTION INSPECTION AND FINAL APPROVAL APPLICATION 8: PERMIT n:56 -SF -1867289 DOCUMENT x:F11224463 DATE PAID:08/01/2018 FEE PAID:350.00 RECEIPT n:56 -PID -3633676 Violation Number Comment Comments Existing tank information per DH4015 page 4. Existing septic tank used, new DF installed 46 and 3x7 chambers long. Two systems on property converted to one: The existing ST on SW corner of property was converted to a lift station to pump waste into the septic tank and discharge into one drainfield. No violations observed, system ok to cover. Contractor notified onsite and emailed final approval. DH 4016, 08/09 (Obsoletes all previous editions which may not be used) Incorporated: 64E-6.003, FAC Page 2 of 3 Planning & Development Services (772{ 462-1562 2300 Virginia Ave Fort Pierce, FL 34982 . ,he : sL,r✓e: �'e http://www.stIucieco.gov/planning/SLCPIanningSurvey.htm From: Ashley Erickson [mailto:aumadoda0@gmail.coml Sent: Saturday, February 09, 2019 9:38 AM To: Linda Pendarvis <pendarvisl@stlucieco.org> Subject: Re: 251 N CARDINAL PL Good morning, one of the questions the board has was where my well was. Does what I sent you show where the well is? Just want to make sure that whole issue is resolve so the pump house maybe approved. Also can you speak with your supervisor about the shed. Since your department gave me a permit maybe you can approve the shed based upon that fact. On Mon, Jan 28,2019,1:29 PM Ashley Erickson <aumadoda0r%email.com wrote: Thank you so very much. On Mon, Jan 28, 2019, 1:14 PM Linda Pendarvis <pendarvisl asthrcieco.ork wrote: I will provide building a copy of the permit. From: Ashley Erickson [mailto:aumadoda0@gmail.coml Sent: Monday, January 28, 2019 1:11 PM Linda Pendarvis From: Ashley Erickson <aumadoda0@gmail.com> Sent: Monday, February 18, 2019 4:27 PM To: Linda Pendarvis Subject: Re: 251 N CARDINAL PL Hello, I have an appointment this Thursday with an attorney as the board requested. He is asking for any paperwork pertaining to the variance. Do you have anything from the hearing like a print out of what they wanted answered specifically and the next hearing date so the attorney can attend if need be. He also wants to see the pictures you have of when you see the buildings on the property to try and verify when they were built. Please and thank you so much On Mon, Feb 11, 2019, 8:03 AM Ashley Erickson <aumadoda0 iv--mail.com wrote: Good morning no I cannot afford to pay the contractor to do anything else it'll just stay there. I have a call in to the mortgage company he said He will look into the survey being done or not and he has nothing in his records about the permits. I had yet to call an attorney I will do that just for a price I don't have any more money to pay for anything so I'm not sure what they want me to do but will get as much information as we can thank you for all your help. On Mon, Feb 11, 2019, 7:51 AM Linda Pendarvis <pendarvisl;� stlucieco.or wrote: Good Morning, Ashley What you sent me on the septic system indicates the septic near the well is not going to be used. Is your contractor removing it? The shed cannot be approved based on the permit. It will still need to be resolved through the variance process. Have you had any luck with the Title Company and/or Mortgage Company? I think the Board was looking, also for some response from them why they did not investigate the fact that no permits were applied for the structures in questions? z Linda Pendarvis Planning Division To: Linda Pendarvis<pendarvisl@stlucieco.org> Subject: Fwd: 251 N CARDINAL PL ---------- Forwarded message --------- From: RELIABLE PERMITS <reliablesepticpemlits a+email.com> Date: Mon, Jan 28, 2019, 1:10 PM Subject: Fwd: 251 N CARDINAL PL To: <aumadodaO'�gmail.com> Bree McFarling Reliable Septic & Services PO Box 1116 Vero Beach, FL 32961 Tel: 772-562-4242 Fax: 772-567-7183 ---------- Forwarded message --------- From: Ingram, Brian J <Brian.Ingram a flhealth.sov> Date: Wed, Nov 14, 2018 at 8:49 AM Subject: RE: 251 N CARDINAL PL To: RELIABLE PERMITS<reliablesepticpemiits,.a%tmail.com>, Vance, Melanie H <Melanie.VanceLy!flhealth.gov>, DL CHD56 SLCDOH - OSTDS <SLCDOH-OSTDS,cflhealth.eov> From: RELIABLE PERMITS[mailto:reliablesepticpemiits•Agmail.comj Sent: Wednesday, November 14, 2018 8:25 AM To: Ingram, Brian J <Brian.Ineram!urtlhealth.Ypv>; Vance, Melanie H <Melanie.Vaiue cr'tlheatth.sov>; DL CHD56 SLCDOH - OSTDS <SLCDOH-OSTDS,.'&, lhealth.s!ov> Subject: 251 N CARDINAL PL CAN YOU PLEASE SEND FINAL FOR THIS ADDRESS? Bree McFarling Reliable Septic & Services PO Box 1116 Vero Beach, FL 32961 Tel: 772-562-4242 Fax: 772-567-7183 2 ..et s'_r _l IJ a Y-. F t ,A S - _ _. _S u. - L(<c ic. .. -_ �..I nlcnJ R. iDE ars,.'. LSra'rt 2 Planning and [development Services Department MEMORANDUM TO: Board of Adjustment THROUGH: Mayte Santamaria, Assistant Director', ,;, FROM: Linda Pendarvis, Development Review Coordinator/jtl` DATE: January 4, 2019 (J SUBJECT: Petition of Ashley Erickson request for a variance from the minimum building setback requirements of the AR -1 (Agricultural, Residential — 1 du/ac) Zoning District to remedy multiple encroachments in the rear, corner side and front yard setback requirements. ITEM NO. III PROPERTY OWNER LOCATION: PARCEL ID: ZONING DISTRICT: FUTURE LAND USE PROPERTY SIZE: Ashley Erickson 251 N Cardinal Place Fort Pierce, FL 34945 251 N Cardinal Place Fort Pierce, FL 34945 2311-601-0103-000-8 AR -1 (Agricultural, Residential — 1 du/ac) RU (Residential Urban) +/- 0.84 acres PURPOSE: To allow three (3) accessory structures (pole barn, shed and pump house) to encroach a maximum of 13.2 feet into the rear setback, a guest house to encroach 4 feet into the southwest corner side setback and the single family residence to encroach 11.9 feet into the southeast corner side setback and 30.6 feet into the front setback. EXISTING USE: Single -Family Residence UTILITIES: Well and septic system Board of Adjustment Petition: Erickson Variance Page 2 of 7 BACKGROUND The applicant, Ashley Erickson is requesting a variance for multiple structures that are encroaching into the minimum building setback requirements, as noted in the AR -1 (Agricultural, Residential – 1 du/ac) Zoning District for an approximately 0.84 -acre property The purpose of the AR -1 district is to provide and protect an environment suitable for single-family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings. Surrounding Land Use and Zoning Location Future Land UseZoning Required Land Setbacks —� Existing Land Use -- (Adjacent North — iRU (Residential Urban .AR 1 (Agricultural, :Undeveloped Parcels –5du/ac) :Residential 1 du/ac) IAR-1 15' Corner Sides South RU (Residential Urban (Agricultural, I Single Family Residence – 5 du/ac) Residential 1 du/ac) East !RU (Residential Urban AR -1 (Agricultural, Single Family Residence – 5 du/ac) Residential – 1 du/ac) – West RU (Residential Urban AR -1 (Agricultural, Single Family Residence – 5 du/ac) Residential – 1 du/ac), RS -4 (Residential, Single _Family — 4 du/act_,_ The parcel is improved with a +/- 2,628 square foot residence that was constructed in 1979, according to the Property Appraiser records. Over the years, additional improvements were developed on the property, such as a pool in 2005. A 2014 aerial does not indicate a guest house on the property; however, the structure was present prior to 2017 when the current property owner purchased the property. The records do not clearly indicate when the three accessory structures (pump house, shed and pole barn) were placed on the property. The property owner purchased the property in April 2017 with the existing structures and in June 2017 received a Notice of Violation from Code Enforcement to obtain a permit for enclosing the porch, installing hardi siding and doing electrical work. Ms. Erickson has since applied for after the fact permits but is required to obtain a Variance for the nonconforming structures prior to the permits being issued. In 1979, the zoning district for the subject property was R -1C – Residential one family dwelling. The single family residence on the subject property was in compliance with the minimum required land area and building setbacks for the R -1C zoning district. LDC Code Zoning District Required Land Setbacks —� Area 1961 R -1C — One Family 10,000 sq. ft. 25' Front Dwelling 15' Corner Sides 15' Rear In 1984, the property was rezoned to the AR -1 zoning district and was subject to the AR -1 minimum land area and building setbacks. The following table provides the minimum zoning district requirements for structures in the AR -1 zoning district as of the adoption of the current Land Development Code in 1984, with existing site conditions. Please refer to the attached boundary survey. The applicant is requesting a variance for the nonconforming structures that encroach within the required yard setbacks on the south, east and west property lines. Board of Adjustment Petition: Erickson Variance Page 3 of 7 ARA Zoning District Yard LDC Minimum Existing Existing Existing Required guest house pole barn/shed/pump Residence Building Setback setbacks house setbacks setbacks Front Rear Side Corner 50 feet 30 feet ( 30 feet N/A A 19.4 feet N/A 26 feet 16.8 feet [ NIA N/A 18.1 feet CRIPPLE CREEK LANE - WEST AVENUE "E" (P) . f[ICE OF OI@t ROAD___ I2" CpIP FORC RI 69'59'45' E tJt91' (C] --- 7�g,. 7506'tP)--s'-f.- I i 6.0' OMI6A9C ; 35.49. USSmENT (P)�"I I t^JA3o'. 6 I CHORE G=9 CIIE-14 45'6 n •-22.68'-22J �60' ]Rh NAGE 11 I EdSENEN! (F) i �PCLE BARN.. IEo 2.22'.- (ORT FI(00R) . ! ri 1.28'-) j I`-- io.1' -~SNOBS '.�--24.25' FRAME SHED I ' I . 91 LOT 21 OT 2( 6' W'000 FONCE II .CATE WCOO MIKE I I PUMP) COHCP,: EC I_STORY FRAVE ____. ... RES'OENCE I W I I ALAo/]� f.RE OCAMN Cr DRIVE SEPTIC I i 6.0' � I OMVEt ccc�xvnarfl 139`x • a r 8 i „-' I $ f 52' CIlP t� ., • I 8 I (LOCAVON OF 94ATE 1 SEPTICQ. I J I OT 9$ 21,4' U _.19.4, j Z L_39.18', R-25OU CHORD=3529' 6=69'47'46" CHB.N 44'56'51" E Excerpt of BOUNDARY SURVEY Board of Adushnent Petition: Erickson variance Page 4 of 7 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 applicant purchased the property in April of 2017 with all of the conditions in place. The subject site consists of a 230' x 160' parcel (+/- 36,800 sq. ft.) that is generally rectangular in form. The applicant has submitted a boundary survey dated 10/9/2018, which reflects the single-family residence, pool, guest house, pole barn, pump house and shed located within the required minimum setbacks. The nonconformity of the single family residence resulted from the adoption of the 1984 Land Development Code (LDC) that rezoned the Jay Gardens Subdivision to AR -1 (Agricultural -Residential -1 du/ac) zoning district which created nonconforming lot size and nonconforming structures within this subdivision. At the time of the adoption of the LDC property owners were notified of the possible nonconformities and were provided the opportunity to rezone their parcel to RS -4 (Residential, Single family — 4 du/ac) with land area and setback requirements similar to the prior zoning district; although, restricting the accessory agricultural uses. Section 7.04.01 of the Land Development Code establishes minimum lot size and minimum building setbacks for structures with the purpose to preserve, improve visibility and uniformity and appearance to a neighborhood. The Jay Garden Subdivision was platted in 1957 with average lot size of 75 X 100. The Jay Garden Subdivision currently consist of variety of lot sizes and structures as well as parcels that are zoned AR -1 (Agricultural, Residential — 1 du/ac), RS -4 (Residential, Single Family — 4 du/ac) and RM -5 (Residential -Multi Family -5 du/ac). The variance does not arise from conditions that are unique and peculiar from the land and physical surroundings that would result in unnecessary hardship for the owner. The lot is not irregularly shaped and is similar in shape and size as the adjacent properties. The variance arises from the desire of the new property owner wanting to memorialize the existing structures to conform to the AR -1 zoning district setbacks. 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. The granting of the requested variance is neither expected to harm other property 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. The existing structures comply with Board of Adjustment Petition: Erickson Variance Page 5 of 7 all other minimum AR -1 yard requirements; building height and lot coverage requirements stated in the Land Development Code. 3. The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structures. The requested variance is the minimum needed to remedy the setback nonconformities of the existing single family residence, the guest house and three accessory structures (pump house, shed and pole barn) and to remain in the existing location. 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 requested variance is not in conflict with any element of the St. Lucie County Comprehensive Plan. The variance is not entirely in conflict with the purpose and intent of the Land Development Code, which seeks in part to preserve, protect, and improve the public health, safety, comfort good order, appearance, convenience and general welfare. In accordance with LDC Chapter 10 — Hardship Relief Nonconformities that states 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. Nonconformities may continue, but the provisions of this Section are intended to curtail substantial investment in nonconformities and to bring abort their eventual elimination, when appropriate, in order to preserve the integrity of the zoning district. It is noted that the subject property is large enough to relocate these structures to satisfy the minimum required yard setback. The AR -1 zoning district placed on the Jay Gardens Subdivision in 1984 caused the subject property land area and the single family residence to become nonconforming due to the fact that the property consist of less than one acre and the minimum required setbacks are greater than the prior 1984 zoning district. The following Land Development Code section addresses the nonconforming single family residence and notes that the nonconforming structure may remain and allows ordinary repair and maintenance to occur. 10.00.03. - Nonconforming Structures. A. Authority to Continue. A nonconforming structure devoted to a use permitted in the zoning district in which it is located may be continued in accordance with the provisions of this Code. B. Ordinary Repair and Maintenance. Normal maintenance and repair of nonconforming structures may be performed. C. Expansions. Any expansion of a nonconforming structure shall be in conformance with the provisions of this Code. This shall not prevent expansion as long as the nonconformity is not increased. In the event that a structure is nonconforming due to the fact that there is encroachment into a required minimum yard, as defined in Section 7.04.00, expansion of the structure shall be allowed into that minimum yard. However, no such expansion shall be allowed if it results in a greater dimensional nonconformity than that which previously existed. D. Relocation. A nonconforming structure that is moved shall thereafter conform to the regulations of the zoning district in which it is located after such move. Board of Adjustment Petition. Erickson Variance Page 6 of 7 E. Termination Upon Damage or Destruction. 1. Any part of a nonconforming structure that is damaged or destroyed to the extent of fifty percent (50%) or more of the assessed value of said structure shall not be restored unless that part conforms to the provisions of this Code. 2. If St. Lucie County or a portion thereof is declared a disaster area by the Governor of the State of Florida orthe President of the United States, as a result of a hurricane, tornado, flood, or other similar act of God, then the provisions of Section 10,00. 03 shall be hereby modified to allow within the declared disaster area the replacement or reconstruction of structures on or in the location of the original foundation, except that the any replacement construction must comply with the applicable provisions of Section 6.05.00 and Section 13.00.00 of this Code, provided, this modification to county regulations to allow the replacement or reconstruction of nonconforming structures shall not effect the application and enforcement of state or federal laws and agency regulations regarding replacement or reconstruction of nonconforming structures. RECOMMENDATION Staff has reviewed this petition and determined that it does not necessarily conform to a strict interpretation of the standards of review as set forth in Section 10.01.02, St. Lucie County Land Development Code. While the variance sought arises from conditions that are not unique and do not qualify as a hardship as defined in the St. Lucie County Land Development Code, the variance is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. The single family residence was constructed prior to the adoption of the current AR -1 zoning district creating a nonconforming structure due to greater setback requirements than the previous R -IC zoning district. Staff is recommending approval of the requested variance for the single family residence as the encroachment into the front and side yard setbacks is the result of the County's overall zoning district amendment to AR -1 Zoning District for the Jay Gardens Subdivision. Staff is recommending denial of the requested variance for the guest house and three accessory structures (pump house, shed and pole barn) as there are no building permits issued to indicate the date of construction or location within the property. The applicant is requesting the variance to allow for the existing structures to remain and to be permitted to apply for an after the fact permit. Board of Adjustment Petition. Erickson Variance Page 7 of 7 SUGGESTED MOTION TO APPROVE/DENY THIS REQUESTED VARIANCE: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF ASHLEY ERICKSON FOR A VARIANCE to allow three (3) accessory structures (pole barn, shed and pump house) to encroach a maximum of 13.2 feet into the rear setback„ a guest house to encroach 4 feet into the southwest corner side setback and the single family residence to encroach 11.9 feet into the southeast corner side setback and 30.6 feet into the front setback BECAUSE... -.. (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01 .02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF ASHLEY ERICKSON FOR A VARIANCE to allow three (3) accessory structures (pole barn, shed and pump house) to encroach a maximum of 13.2 feet into the rear setback„ a guest house to encroach 4 feet into the southwest corner side setback and the single family residence to encroach 11.9 feet into the southeast corner side setback and 30.6 feet into the front setback BECAUSE....... (CITE REASON WHY - PLEASE BE SPECIFIC) lffiiltl lil6,l h, f'CkI v` 6 O R jl] 1pto TO: Bethany Grubbs, Planning & Development Services Department THROUGH: Amv E. Griffin, Environmental Resources Director Den Dalcer, Environmental Resources Manager FROM: Aimee Cooper. Environmental Planncr DATE: October 1. 2018 SUR.IECT: Erickson, Ashley 13A-920185372 Background The Environmental Resources Department (ERD) is in receipt of a variance application requesting approval for two (2) encroachments: 1) an 8.9 ft. encroachment into the required rear setback for an existing detached garage located on the northwest part of the parcel; and 2) a foto• (a) ft. encroachment into the required side -corner setback for all existing guest house located on the southwest part of the parcel. The 0.84 -ac residential lot is located just north of' Orange Rd. at 251 N. Cardinal Place within Jay Gardens of Pt. Pierce. Findings The proposed variance is not anticipated to result in any adverse environmental impacts. Should any site development activities be proposed in the future, ERD staff will conduct further review through the site plan or building permit review process. Recommendation ERD recommends approval of the proposed variance. ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office 772-462-2822 — Fax: 772-462-1581 " http://www.stluc:ieco.org/121anning/planning.hti-r, DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal Please, contact the Planning Division to schedule an appointment. Submittal Type (check each that applies] Site Plan _7 Major Site Plan Rezoning' Minor Site Plan Rezoning (straight rezoning) Rezoning (includes PUD/PNRD/PMUD) Major Adjustment to Major Site Plan Rezoning with Plan Amendment u Major Adjustment to Minor Site Plan Comprehensive Plan Amendment' Major Adjustment to PUD/PNRD/PMUD Future Land Use Map Change Minor Adjustment to Major Site Plan Comprehensive Plan Text Amendment Minor Adjustment to Minor Site Plan 7 Minor Adjustment to PUD/PNRD/PMUD Planned Development Planned Town or Village (PTV) Planned Country Subdivision (PCS) Planned Retail Workplace (PRW) Prelim. Planned Unit Develop. (PUD) Prelim. Planned Mixed Use Develop. (PMUD) Prelim Planned Non -Res. Develop. (PNRD) Final Planned Unit Develop. (PUD) s1 Final Planned Mixed Use Develop. (PMUD) tJ Final Planned Non -Res. Develop. (PNRD) Conditional Use F1 Conditional Use Major Adjustment to a Conditional Use F1 Minor Adjustment to a Conditional Use Variance 1 L' /Administrative Variance Y Variance ❑ Variance to Coastal Setback Line Other Administrative Relief Class A Mobile Home 6 Developer Agreement (Submit per LDC 11.08 03) Power Generation Plants i Extension to Development Order Historical Designation/Change6 Land Development Code Text Amendment ' Plat Post Development Order Change Re -Submittal # e Ei Shoreline Variance Stewardships — Sending/Receiving D Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights Waiver to I.DC/Comp. Plan Requirements' F-1 Appeal of Decision by Administrative Official10 J Eminent Domain Waiver" Application Supplement Packages 1. Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2."iVariance 7 LDC Text Amendment Administrative Official 3'' Rezoning / Zoning Atlas Amend. 8. Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan 5 Class A Mobile Horne Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable feels). Page 1 of G Revised May 6. 2013 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: _ Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) r 7 BASE REVIEW FEE: $ (A) CONCURRENCY FEE: $ (B) ERD REVIEW FEE: $ (t ) UTILITIES $ PER ACREAGE CHARGE: $ (D) RESUBMITTAL FEE: (if applicable) $ (E) OTHER _ $ SUBTOTAL OF BASIC FEES: $ PRE -APPLICATION MEETING FEE: (F) $(^ ) deduction Receipt No. of Payment Date of Pre App: _ BALANCE OF FEES DUE: $ 15 SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code $950.00 — Methodology Meeting (H) (If Applicable) •Additional fees will be due if a 3°' party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3b party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures'. • Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting Request 9_5� ev x).,10.. h� Page 2 of 6 Revised May 14, 2015 Project Name Site address: Parcel ID Number(s) 'd31t• (off Project Information Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) 7, o,4,0/ Property location — Section/Township/Range: J�n�/_ &a<do S Property size —acres: Square f( ootage: Future Land Use Designation Zoning District: J-1 &,) Q Description of project: (Attach additional sheets if necessary) APPro✓ed '1 FJ Uct<i,, ( -�O roo., c (rrad� Ob„; N on N Appro./ cJ 414 wcy ale hayse s,'1s o 44 pz(IV e,, Type of construction (check all applicable boxes). FJ Commercial Total Square Footage: Existing ❑ Industrial Total Square Footage: Existing Residential No. of residential units. Existing No. of subdivided lots: Existing ❑ Other Please specify: __ Number and size of out parcels (if applicable): Page 4 of 6 Revised May 14, 2015 Proposed: Proposed: Proposed Proposed: SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developed: 0Wry,W Business Name: Name: Uri' — Address: i (Please use an address that can accept overnight packages) Phone Fax Agent Information: Business Name: Name Address: (Please use an address that can accept overnight packages) Phone: Fax Email Please note: both applicant and agent will receive all official corres on this Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. - P:.PertYer $ignatrr/�/�_ _ _-J--�✓�.4.J-._V!(� �,_,- " I n roperty Q,vnar Name (Pnn;eo) Mailing Address: 2-51 251 (ic-Al'tJ YL Phone: -72). 20- RR- Lf kk If more than one owner, please Submit additional pages STATE OF COUNTY OF 4N(bl4-A✓ R! V--7,, The foregoing instrument was acknowledged before me this day of , 20 12 AS_ by 1-1/ �� K �� who is personally known to me or who has produced VW z as identification. /(r r y ,ik t_ti o r hr7 Q SignaWro of N ary Type or Pnnt Name o, votary t-7 $!-7 Commission Number (Seal) "�'"ba'•; TONIAS PUIZ DE LUZURIAGA a , _ NOVI( NBC - Slate of Florida V Page < <ya`' Commission EFF 178115 Pa e5of6 > NFo r r1�y Comm. Expires Nov 19, 2018r) Revised May 74, 2015 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. Afiapplications must include the following: Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 1-1 copies) -' Aerial Photograph — property outlined (available from Property Appraisers office i._a " Property Deed Legal description, in MS Word format; of subject property' Property Tax Map — property outlined (electronic copy not required) ' Survey (24x36) 2 CDs of all documents submitted - with files named according to the Required Naming List (attached) Concurrency Deferral Affidavit. or - Description and analysis of the impact of the de'velopmOrd on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02) This will require a Transportation Assessment or a full Traffic Impact Report. if applicable Site Plan and Planned Development Applications must also include: Site Plan 24"06" at a scale of 1"=50'(12 copies- folded, not rolled) Boundary Survey (2406) — Signed and Sealed (12 originals) LJ Topographic Survey (24x36) — Signed and Sealed (12 originals) Landscape Plan — Signed and Sealed (12 originals) _] Traffic Impact Report (TIR) (4 copies) if: 0 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) _1 Environmental Impact Report (4 copies) if:(See LDC Section 11 02.09(5)) 0 The property is ten acres or greater o The property, regardless of size, contains a wetland: o The property is identified on the "Native Habitat Inventory for SLC", o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain. o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02 06) L__ Updated Traffic Analysis if applicable (4 copies) 11 Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 copies of the following: E Main Application and back up material L Approved Site Plan and copy of approved Development Order J Plat - Include extra copies of Plat for applicable conditions of approval Four (4) Original Mvlars are due following final staff review. *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s). Page 3 of 6 Revised May 14, 2015 "the N-•v)ie y4ss6E Supplement 2 Variance Application Supplement i;'o(� 1-i�G'S�. Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details 1. I (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) I , OLJ. t)J 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: 1ha � o.q Vis bv; l� i, 1 971 and pr 4t rwlO,4 10, d &Vevey is no4 pOSi �runrd On -}ht Qnr'e 64 cvrrec.11,1 �o 4VJr-J5 toAe. 3. State the specific hardship imposed on the owner by the LDC? f hk bwntr bevsi4 4 t6 110-.t, rt.y -2 017 wok a jl ai htr Sy v,%,Ss ova ko"t wt, ^44.01 4 4e 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. lit h Qt vis by : I � be Cat At todts woii pv� 1`,, pl.ct ad ntv& addrett.o( hC-wK now. 5. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhppod in which the subject property is local d k. 6w'�+oad fiV.ts, 41`t Lf� •„ti of ut f""4 ho..rs b !1 .n TA.'s nes, r5 In nt*u toftd:l4'ar`r ;' tS vol( le.�o.d vd4 w+ t-fr sun. 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. 'the ka•.e kas i3" Jtt,.t 1y71 o44r ko—e,3 wo-e. '14 6 c is n:tt vl.teh kaar,s -)it netsl+ba-houE v0.1"e. c.r. 7. State why this variance is the minimum variance that will make possible a ,reasonable use of the land, building and structu/res. SALI AL 15svt r'UC(s av r3L rt $' JJ" ct a� d U;'s w, i/ a ddrtiAr i h, Page 1 of 3 I. 2OI(i Revised: February 5, 2013 Supplement 2 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. pfprov.") A15 vctripn'e wtlf Pror04 564'r 104J t%n 4.4"e cl W-tAq.n&.4. 9 Is this variance request to axed within a Homeowners or Property Owners Association? YES \NO If yes, then letter is required. For any variance request within`an area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. 10. Name of Association `� f ✓q 11. Is there a letter from that association attached? YES N 1'q NO • Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. • Per LDC Section 10.01.04(A)(7) If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. • Except for non-residential accessory structures in AG -1, AG -2.5 and AG -5, if the application is for 100% variance from the road frontage requirements, proof of recorded legal access shall be furnished with the application. • I (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the public hearing, r,i e rlC' U Applicant dr Agent Name (printed) Page 2 of 3 Revised. February 5, 2013 I• Signature Inc, VrO4'oor-1 Supplement 2 Variance Application Supplement i Df'<. Refer to St Lucie County Land Development Code (LDC) Section 10.01 .00 for details 1 I (we) do hereby petition the St Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) 7OY . 6 1 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted:14 by kiln is Z6 ke.4- fro.t 44�t pro y per -At rtte,4 la..d dvrvtr, +hvs a 4 Fvo.� Varlo,n,t, tS reIvtrol-ed �o bsi.s -�4 by%Id:y' ao todt, sit Pvrpost. opo U4 bv;ld%nJ i,1 3. State the specific hardship imposed on the owner by the LDC?Owntr kqr alrtad s e,� &vtr it Glows" e(o jfa $ bri.5i.J Ue bv; Supplement 2 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie` LCounty Comprehensive Plan. t f-pfrov�nq 4kc 14 Goo VAC;Mce riMA.'S Consilj+en4 bee vJe J �.,f�l e�,�,m�e �� �vgl:�y of L��c {w- .11.,g 5cc resld•.'1 �� ����d�t^. 9. Is this variance request to within a Homeowners or Property Owners Association? YES NO If yes, then letter is required. • For any variance request with � 1 area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. 10. Name of Association N) A 11. Is there a letter from that association attached? YES N )A NO • Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. • Per LDC Section 10.01.04(A)(7) If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. • Except for non-residential accessory structures in AG -1, AG -2.5 and AG -5, if the application is for 100% variance from the road frontage requirements, proof of recorded legal access shall be furnished with the application. 1 (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the public hearing. 5 I e brI o, Applicant brAgent Name (printed) Page 2 of 3 Revised: February 5, 2013 rJ � Signature 0 Suppl...,tent 2 r Variance Application Sup plernent croft J0Ot,t;:' &IIWIIIv. Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details 1. I (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: (} .� c °5 N o rri) %i V-) Lr -i r2 skco�f. 3. State the specific hardship imposed on the owner by the LDC? ��hZ- �QoIrS � loair arC c��j( furl;- GAG ��J` nrsy � 'Ju��Cj n�4c �Eo 4fe WU✓tfl QGSL' "rte G11.( :fi.,+c�P `aP 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. ?Ore. 6Gr, �V.s bU:'.� >Lt-arP V e,.'f 5. State reasons why this variance will riot be injurious to other property and/or improvements in the neighborhood in which the subject property is located. ��� 1 lryof np' UJ j r T A)ul,� bGv'•-r r l yee s adv a el ter/ �i 11� crC.. 5 { « �� 1'vot _ ✓,Z:oT .lv �d . .T ,s 6,, n n } C Ct iJ- 6. State reasonsYvhy his variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. r1t po(L bwn is .n daolc //yGld wncl 1 f+el 'wd�rr rr, }z 4je UwrW: a G.6,4 1�-,v l JS °I C�r�e IS 7. State why this �variance s the minimum variance that will make reasonable use of the land, building and structures. 11 Possible a barn I'S ajrY,otjY ^-kr'C. V2 '^ro,tcl t l0 1E� r' W ovO7 Page 1 of 3 Revised: February 5, 2013 E0/Z0 39Vd ADV'9 S 9 0906 ZZ:01 GIN/1)0/01 5uppl,.aent 2 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Pian. �01 e, kkwn w' I / rm if -c 1-0J d- Ohl li.if X1/1 ,r—�,A^� cJc. Y.5. 5. IS this variance request tooaK within a Homeowners or Property Owners Association',, YES NO ) If yes, then letter is required. • For any variance request with arrarea that has a Homeowners or Property Owners Association, a leiter from that Association is required stating their position regarding the variance request. 10. Name of Association Al / 11. Is there a letter from that association attached? YES NO Please attach a dia ram f th U o e property showing the dimensions of the lot and all other dimensions necessary to understand this application. Per LDC Section 10.01.04(A)(7) If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Except for non-residential accessory structures in AG -1, AG -2.5 and AG -5, if the application is for 100% variance from the road frontage requirements. Proof of recorded legal access shall be furnished with the application. I(we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the Public hearing. r/C MI�v APPlioant or gent Name (printed) Page 2 of 3 Revised: February s, 2013 Signature ED/E0 3DVd NS%8 S 9 890E 77:01 6T0Z./60/01 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY c'ILE # 4301744 OR BOOK 3988 PAGE 2691, Recorded 04/26/2017 11:44:16 AM Doe Tax: $1995.00 Prepared by: Tracy Kjos, an employee of Express Title Services of Ciuus, Inc., 2704 W. Woodview lane Lccanto, Florida 34461 RECORD & RETl1RN TO: GR.4NTFE Consideratiow $285,000.00 File Number: 17-0063 General Warranty Deed Made this April 18, 2017 A.D. By Thomas Ferguson and Lauren,). Ferguson, husband and wife, 251 N.Cardinal Place, Fon Pierce, Florida 34945, hereinafter called the grantor, to Ashley Erickson, a single woman, whose post office address is: 251 N. Cardinal Place, Fort Pierce FL 34945 ,hereinafter called the grantee: (Whenever used herein the tens "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirnis unto the grantee, all that certain land situate in St. Lucie County, Florida, viz: Lots 18, 19, 20 and 21, Block 6 of JAY GARDENS—FT. P[ERCE, according to the Plat thereof as recorded in Plat Book 10, Page(s) 70, of the Public Records of St. Lucie County, Florida. Parcel ID Number: 2311-601-0103-000-8 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2016. GR BOOK 3966 PAGE 2692 Prepared by Tracy Kjos, an employee of Express Title Services of Citms, Inc., 2704 W. Woodview Lane Lxaauto, Florida 34461 RECORD & RETMN TO: GRANTEE Consideration 5285,000.00 File Number: 17-0063 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, settled and delivve� de in our presence: Witness NI Sign Tlmmas k _. use Witness Primed Name�a f I-IeV ( ✓a— Addass: I N ardinal Place, Fort Pierce, Florida 34945 h ����' Witness #2 Sign: --�rr_c� -- r ,L Fergus witness Panted Namc Q Address 251 N.Cardinal Place, Fort Pierce, Florida 34945 State of F10r'k County of C�Qc �-e_ The foregoing instrument was acknowledged before me this '�T day of 4vC"l 2017, by Thomas Ferguson and Lauren I. Ferguson, husband and wife, who isfare personally (mown to me or who has produced] j fj jf.V-�i_C. Pr't as identification. AFFIX NOTARY SEAL: ... _ i 7 v -r — - Nota (y RM 'R"+=Y rtiRRERAPrint Name.epi[ � $131¢ of Venda.'. ;+Gust Ocl 5, qpMy Commission Eapires:ss,;;'i N iF 114937 17 —G. m' 4 5 lal,mal N[tary Assn IINVIRONN/IFNTAt, RISOURCES FINAT, RETORT TO: Bethanv Grubbs, Planning & Development Services Department THROUGH: Amy E. Griffin, Environmental Resources Director Ben Balcer, Environmental Resources Manager FROM: Aimee Cooper, Environmental Planner DATE: October I, 2018 SUBJECT: Erickson, Ashley BA -920185372 Background The Environmental Resources Department (ERD) is in receipt of a variance application requesting approval for two (2) encroachments: I ) an 8.9 ft. encroachment into the required rear setback for an existing detached garage located on the northwest part of the parcel; and 2) a four (4) ft. encroachment into the required side -corner setback for an existing guest house located on the southwest part of the parcel. The 0.84 -ac residential lot is located just north of' Orange Rd. at 251 N. Cardinal place within Jav Gardens of Et. Pierce. Findings The proposed variance is not anticipated to result in any adverse environmental impacts. Should any site development activities be proposed in the future, F,RD staff will conduct further review through the site plan or building permit review process. Recommendation ERD recommends approval of the proposed variance C V ti ci N N M C+ K w W N V N Q Q K C K a a Y 0 N N m W W N M h Z J W U0 W Q W J Q Z p W J a Z W 0 F W OJ W a LL k Z ~ W LL J W Ur Z tp U m N N N N M M M m K X S lfl In N Vl Vl Ifl Vl t(1 cN G = m M M M M M m m N C O O O O O O O {n U O O � a o o � in in vi vi in Z ,yam N N N N N N w w E m cr N C O O O O O o O O K O M M M M M m m w c C LL J C, z E p 0 E o v0 O 0 Oo 0 J r r r m Z Q w N_ m m 0 w Oo o E n N 0 0 0 0 Q C `� o M M r- N O O O 0 O eH W N G En E Y a � X C C V ti ci N N M C+ K w W N V N Q Q K C K a a N N W W N M h Z J W U0 W Q W J Q Z p W J a Z W 0 F W OJ W a LL k Z ~ W LL J W Ur Z W W K K C V ti ci N N M C+ K w W N V N Q Q K C K a a E. AR -1 AGRICULTURAL, RESIDENTIAL - 1. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for single- family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(8). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2 00 00 of this Code. 2. Permitted Uses: a. Family day care homes. (999) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feel of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by NRS (999) c. Single-family detached dwellings. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. 5. Off -Street Parking Requirements. Off-street parking requirements shall be in accordance with Section 7.06.00, 6, Conditional Uses: a. Crop services. (072) b. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) c. Industrial wastewater disposal. (999) d. Kennels - completely enclosed. (0752) e. Landscaping and horticultural services. (078) f. Retail: (1) Fruits and vegetables. (543) g. Riding stables. (7999) h. Veterinary services. (074) i. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 7. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Agriculture (farms and ranches accessory to single-family detached dwelling). (01102) b. Animals, subject to the requirements of Section 7.10.03. (999) c. Guest house subject to the requirements of Section 7.10.04. (999) d. Mobile home subject to the requirements of Section 7.10.05. (999) e. Retail and wholesale trade - subordinate to the primary authorized use or activity. f. Solar energy systems, subject to the requirements of Section 7.10.28. SCHEDULE OF DISTRICT REGULATIONS T4• ST. LUCIE COUNTY, FLORIDA Resolution adopted September 13, 1461 R-1AA to R -IC ONE FAMILY DWELLING These districts are intended to be single family residential areas, ranging from lot to medium population density and ranging from large lots to lots with somewhat lower minimum requirements for lots & yards. PERMITTED PRINCIPAL USES AND STRUCTURES . One family dwelling. Recreation buildings and facilities, playground, playfields, parks, beaches, owned and operated by Federal, State, County or Municipal governments. Existing cemetery, crematory or mausoleum. Existing railroad right of way, not including switching freight, or storage tracks, yards, buildings, or maintenance structures. Publicly owned. and operated library, art gallery, or museum. NOTE: In R-lAA, lots of lesser size than hereinafter specified lying -'B—etween Indian.River Drive and Indian River may be utilized for benches, approaches to river, docks and boat houses, the roofs of which do not extend higher than the adjacent elevation of Indian River Drive. In R-1AA District'0 the owner of a parcel of land containing not t ess an two the and who resides thereon, may keep not more than -:two (2)*horses or two -(2) ponies for his personal or familyuse; provided. they are not placed; kept, or permitted Within one hundred fifty (150) feet of any dwelling under separate ownership and not less than three hundred (300) feet from the edge of the West right- of--iter-of South Indian River�Drive. PERMITTED ACCESSORY USES AND STRUCTURES Uses accessory to any of the permitted uses when located on the same lot and not.involving conduct of any business, trade, occupa ion, or profession. SPECIAL EXCEPTIONS P41 IISSIBLE.BY THE BOARD OF' ADJUSTMENT AFTER PUBLIC HEARING AND SUB- JECT.TO APPROPRIATE CONDITIONS AND SAFEGUARDS. Public utility buildings. Churches, Open accessory parking lots. . Educational, recreational, and social centers not operated for profit and. intended to serve the surrounding neighborhood. Nursery School or child care center operated by a church on same .premises as church when building is located not less than 20 feet from any other lot in an R District, provided that there is established maintained, and used for the children at play in connection therewith one or more completely and securely fenced play lots which- if closer than 50 feet to any property line, shall be screened by .9 masonry. wall or compact evergreen hedge not less than $ feet in height, 19cated not less than 20 feet from any other lot in an R district. Mobile home as. accessory use to a permitted private school to protect property against vandals, thieves, etc., providing that any grant of. Special Exception shall set a time limit of not to exceed one (1) year. AMENDED RESOLUTION No. 80-30 (3-25-80) ) Section 29 75. R-lAA to R -1C ONE FAMILY DWELZ.ING Private schools offering curricula substantially equivalent to public schools of comparable grades and meeting requirements of State Department of Education.' Golf course, not including miniature golf course or practice driving tee, providing lot comprises of at least 100 acres or land in one parcel and any accessory parking area, building, or structure is located at least 100 ft. from any other residentially, zoned prop- erty. In R-lAA district only for lots abutting Indian River Drive: Guest houses, prove ing that for any grant of special exception for such purpose the owner shall sign an agreement that such guest house will not be used for rental purposes, and providing such guest house shall have a minimum floor area of 500 sq. ft.. Home occupation subject to.provisions.of Para 17, Section 7. In the R -IA, R -IB and R -1C Districts, an owner of a parcel of land containing not less than two acres, and who resides thereon, may keep not more than two horses or two ponies or one horse and one pony for his personal or family use; provided they are not stabled or, stalled within one hundred fifty (150) feet of any dwelling under separate ownership. The horses or ponies shall not be kept for sale or resale nor for commercial purposes, including breeding, boarding, or veterinary care. The entire area shall be kept in a clean and sanitary condition meeting all requirements of the St. Lucie County Health Department. AMEND RESOLUTION 77-102, adopted 9/6/77. MINIMUM LOT REQUIREMENTS (Area/width) RESIDENTIAL STRUCTURE OR USE: TPLAA —for lots abutting Indian River Drive, State Road 707: Width: 100 feet Depth: 250 feet. Other lots conform to R -IB district. R-lA - Width: 100 ft. Area; 111000 sq. ft. R -IB - With well & septic tank: Width: 85 ft. Area: 10,000 sq. ft, with either well or septic tank or with neither: Width: $5 ft. Area: 9,350 sq. ft. R -IC - Wtth well & septic tank: Width: 75 ft. Area: 10,000 sq. ft. with either well or septic tank or with neither: Width: 75 ft. " Area: 8,250 sq. ft. With central water system and central sewage collection & secondary treatment facilities: Width: 75 ft. Area: 7,500 sq. ft. dth: 100 ft.r�I ea - i0,, sq. t. Except that in R-1AA district lots abutting Indian River Drive, State Road 707, shall meet resi- dential requirements. MAXIMUM LOT COVERAGE BY ALL BUILDINGS: 35% MINIMUM YARD REQUIREMENTS (Depth of front & rear yards, width of side yards) See also Section 10. Residential: Fronti: 254t., except lots in R-1AA district abutting Indian River Drive shall have minimum 50 ft. Side: 10 ft., except that in R -IC district minimum is 7J ft. Rear: 15 ft. Corner lots: 25 ft, front yard (except minimum for lots in R-lAA district abutting Indian River Drive is 50 ft.) and side yard 15 ft. Section 29 R-1AA to R -1c ONE FAMILY DWELLING Permitted Non -Residential Structure or Use front: 30 ft. except accessory buildings, Side: 20 ft., with increase in minimum of height of structure in excess of 20 build in s, structures or uses.) Rear: 25 ft. except accessory buildings, 7e. structures, or uses.) 1 ft. for each.2 ft. of ft. (except accessory structures or uses,) Residstories or 35 ft. erm tte Non -Residence: Same, except that with approval of Board of justment maximum eight may be 4 stories or 50 ft. if Board of Adjustment shall find such action will not injure surrounding pro- perty and accords with spirit and purpose of the Resolution. A4ENDED RESOLUTION NO. 73-44 4/3/73 MINIMUM FLOOR AREAS (See Definition) R-lAA: 1,000 sq. ft. except lots abutting Indian River Drive have minimum 1,250. sq, ft. R -IA: 1,500 sq. ft. R -1B: 11000 sq. ft. eR-10: 850 sq. ft" LTMITATIONS ON SIGNS No signs intended to be read from off the pre- mises except: ee Section 9 for General Sign Regulations) One non -illuminated wall or ground sign not over 6 sq. ft. in area ad- vertising sale or rental of property upon which sign is located. One non -illuminated wall or ground sign not over 2 sq. ft. in area to. prohibit trespassing, for safety, or for caution. On a lot containing permitted non-residential use, other than an accessory use, one identification wall sign not over 12 sq. ft, in area and one bulletin sign not over 32 sq. ft, in area, on each side - street. Two non -illuminated, subdivision or project, ground signs, each having ah area not over 12$, sq. ft. on a subdivision while under develop- ment to advertise the sale of lots or new houses, provided such subdivision has an area of at least 3 acres. No animated, roof or projecting type signs permitted. Overall height of any ground sign not to exceed 4 ft. above the ground, except that bulletin sign or subdivision sign may extend to maximum height of 12 ft. above the ground. One temporary construction project ground sign, not to exceed 32 sq. ft. of area, on each street side on which lot abuts, such sign not to be .closer than 15 ft. to any property line, not to be erected more than 60 days prior to beginning actual construction, and to be removed upon completion of construction. If construction is not begun within 60 days after sign is erected or if construction be not continuously and actively prosecuted to completion, sign shall be removed. Neon -type sign prohibited. Strip lighting prohibited. Section 29 77. R-lAA to R -IC ONE FAMILY DWELLING --- PROHIBITED USES: (Amend Resolution No. 77-129, 10/25/77) The raising or keeping of any animal, livestock or fowl except those specifically permitted or those animals generally recognized as household domestic pets. Any business, trade, occupation or profession, except a "home occupation" as provided in Subsection 1.7 of Section, 7. Section 29 �':� ,, r i 'l-� ., n _ _ .. _. "�ti3 '� �'. Y �; ,° � r;. � > , j�i 1 � 4 k' _ �� l �a y� • I "v .�,4 ����� a� (y R� �'�� h _ �' � � � u r a Z U v C t� 16. > ♦• •• .. tM 00 >% Q) • Z 1-1 t : 0O O O N m i N Q o a ■ U O a N •. �� •r rrr.r �w %t W r a Z U 0 LL a l W 0 V U ca �L �••` .. •ate LON C-4 �• •� 421'31VN12J0� c m _ � �.' � o co d ■ •' m m v r O Z u ? ■ ■ Z' W N n c .i 1 ■ O to m N ~ Q ._Wj ■ Q L. = H N N •��.• • �i .......w• !A E LL uj I�bNi1I�d8GIV] 'a o O U O a O u - w LL U a Q w 0 Z m � d � C U w N LL O Z U 0 p N a C N vii U) .. -� M 1® ST. LUCIE COUNTY The proceedings of the Board BOARD OF ADJUSTMENT of Adjustment are electroni- PUBLIC HEARING AGENDA tally recorded. PURSUANT TO January 23, 2019 SECTION 286.0105, FLORIDA STATUTES, if a person decides NOTICE OF PROPOSED to appeal any decision made VARIANCE REQUEST by the Board of Adjustment with respect to any matter Notice is hereby given in considered at a meeting or accordance with Section hearing, he or she will need a 11.00.03 of the St. Lucie Coun- record of the proceedings. For ty Land Development Code such purpose, he or she may and in accordance with the need to ensure that a verbatim Provisions of the St. Lucie record of the proceedings is County Comprehensive Plan made, which record includes that the following applicant the testimony and evidence has requested that the St. upon which the appeal is to Lucie County Board of Adjust- be based. Upon the request of ment consider the following any oarty to the oroceedina. Petition of reauestino a a nearing becomes hearing ,in time to structures (pole barn, shed Anyone with a disability and pump house) to encroach requiringg accommodations a maximum of 13.2 feet into to attentl this meeting should the rear setback guest house contact the St. Lucie Coun- to encroach 4 feet into the ty Risk Manager at least for. southwest corner side set- ty-ellht(48) hours prior to the back and the single family res- meetingy at (772)462-1546 or idence to encroach 11.9 feel T.D.O.(772)462.1428. into the southeast corner side setback and 30.6 feet into the BOARD OF ADJUSTMENT front setback. ST. LUCIE COUNTY, FLORIDA File Number: BA 920185372 PUBJan4, ROBR2U OWE, CHAIRMAN TCN 2185306 Location: 251 North Cardinal Place, Fort Pierce, FL 34945 Parcel ID: 2311-601-0103.000-8 The Public Nearing on this Item will be held in the Com- mission Chambers, Roger Polices Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Ave- nue, Fort Pierce Florida on January 23, 2019 6e coning at 9:30 a.m. or as soon thereafter as possible. The St. Lucie County Board of Adjustment has the power to authorize variances from the dimensional requirements of the St. Lucie County Land Development Code, in accor- dance with the Provisions of Section 10.01.00, of the St. Lucie County Land Develop- ment Code. Board of Adjustment Meeting Time: 9:30 AM (or soon thereafter ) John Doe 123 Anywhere St. Anywhere, USA 12345 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 Applicant Ashely Erickson 251 N. Cardinal Place Fort Pierce, FL 34945 Project Location 251 N. Cardinal Place Fort Pierce, FL 34945 Parcel Size 0.84 acres Future Land Use RU (Residential, Urban) Existing Zoning AR -1 (Agricultural Residential -1 du/ac) Staffs Recommendation Board denial of requested vari- ance. Erickson, Ashley v.r .c. 9A-120018012 Location Date Mailed O1i09/2019 Public Hearing Notice Wednesday, January 23, 2019 Notice of Proposed Variance Request for Ashley Erickson (File No. BA 920185372) 50011 Nabfl � nArea o 3:0 '-CO )SU �aw Aellal pawn 2010 seen. pace O vm Yeo WaaaRtl Nov 6, 2019 A Proiect Description Petition of Ashley Erickson requesting a Variance for multiple existing residential structures from the minimum building setback requirements in the AR -1 (Agricultural, Residential - 1 dwelling unit) Zoning District to allow three (3) accessory structures (pole bam, shed and pump house) to encroach a maxi- mum of 13.2 feet into the rear setback, guest house to encroach 4 feet into the southwest corner side setback and the single family residence to encroach 11.9 feet into the southeast corner side set- back and 30.6 feet into the front setback. The St. Lucie County Board of Adjust- ment (BOA) has the power to authorize variances from the dimensional require- ments in accordance with the provisions of Section 10.01.00, of the St. Lucie County Land Development Code. County policy strongly encourages pub- lic input and comment at the public hear- ing. You may also mail or email written comments regarding this proceeding in advance of the public hearing for inclu- sion in the official record. Written com- ments to the BOA should be received by the Planning and Development Services Department—Planning Division at least 3 days prior to the scheduled hearing. Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772.462.1546 or TDD 772.462.1428 Further details are available in the Planning and Development Services Department—Planning Division please contact: Linda Pendarvis, Project Manager, Tel 772-462-1562 Email pendarvisl@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, FL 34982 ST. LUCIE COUNTY VARIANCE RESPONSE FORM Please Return To: St. Lucie County Planning and Development Services — Planning Division Attn: Linda Pendarvis, Development Review Coordinator 2300 Virginia Avenue Ft. Pierce, Florida 34982 Email: PendarvisL@stlucieco.org Fax # 772-462-1581 PROPOSED REQUESTED VARIANCE: Petition of Ashley Erickson requesting a Variance for multiple existing residential structures from the minimum building setback requirements in the AR - 1 (Agricultural, Residential - 1 dwelling unit) Zoning District to allow three (3) accessory structures (pole barn, shed and pump house) to encroach a maximum of 13.2 feet into the rear setback, guest house to encroach 4 feet into the southwest corner side setback and the single family residence to encroach 11.9 feet into the southeast corner side setback and 30.6 feet into the front setback. REGARDING PROPERTY LOCATED AT: 251 North Cardinal Place, Fort Pierce, FL 34945 If you wish to comment, please check only one of the three following statements and return no later than January 21, 2019. 1 AM IN FAVOR OF THE REQUESTED VARIANCE ............................................ I AM NOT IN FAVOR OF THE REQUESTED VARIANCE .................................... I HAVE NO OPINION TO THE REQUESTED VARIANCE .................................... I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. Name (Please Print): Address: Date: Signed: Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. 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N N N N N N N N N N N N N N N N N N N N 0 E C d ko STATE OF FLORIDA COUNTY OF cJ , b,)C Q Ashley Eric I "tll"HIL; il1Y1J1 V11 COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS -SIGN AFFIDAVIT being first duly sworn deposes and states 1. 1 am the owner or the agent for the project known as Ashley Erickson Variance for the following petition: File No. SA 920185372. 2. 1 hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E of the St Lucie County Land Development Code for the January 23, 2019 public hearing to be conducted by the Board of Adjustment on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by the St Lucie County Planning and Development Services - Planning Division on January 9, 2019. The following required documentation is attached: A. Dated Photo submitted electronically (Close up) _ B. Dated Photo submitted electronically (Distant) _ Further affiant sayeth not. / / , ANGIO KAiL GRUETU F��:. ' Reta.y PU'I,C-srok:r Rpn,. � ,��. Co, mKsw I GG 14ii 15 `+2-a.�._ r MyC mm..zp'rrza.eD:5. Ml Sign ure of Affiant STATE OF FLORIDA COUNTY OF 5 k. IV t,! e The foregoing instrument was acknowledged before me this 9day of 2019, by iiv ( Cr c U Son . Said person _ is personally known to me, I produced a drivers 1 license issued by a state of the United States within the last five (5) years as identification, or _ produced other identification, to wit Notary Public, State of Ftos'A � Anv_�e10 V\,c1 (, ri6ckti Typed or Printed Name of Notary Commission No.: C2 G 1 N b 115 My Commission expires: 09.2- 21 ST. LUCIE .7 Planning arts! Development Services Department Planning Division WINVININTIEFffigNiTil TO: Board of Adjustment THROUGH: Mayte Santamaria, Assistant Directort Linda Pendarvis, Development Review Coordinator FROM: Kori Benton, Senior Planner�� DATE: March 13, 2019 SUBJECT: Board of Adjustment's Continuance of the Petition of Michael Chesanek from the January 23, 2019 Hearing A variance petition of Michael Chesanek was presented at the January 23, 2019 Board of Adjustment (BOA) public hearing and was continued to the March 27, 2019 public hearing to allow the applicant and staff time to research additional information requested by the Board, as detailed below. The variance request is to allow a raised wood deck, accessory to a mobile home, with the following setback encroachments: 1) An 8 ft. encroachment into the required, 8ft., side yard setback for an 1 I ft. linear section of deck; 2) A 4.65 ft. encroachment into the required, 8ft., side yard setback for a 26.7 ft. linear section of deck; and 3) A 511. encroachment into the required, 5ft., rear yard setback for a 30 ft. wide section of deck. At the public hearing, the BOA requested verification of the following: 1) Would authorization of the variance, therefore retention of the existing deck, impact future setback requirements for the site to the west? • Determination of future measurement points of setbacks (8 ft. unobstructed area between mobile home units). 2) Could the deck be permitted under current Florida Building Code or Fire Code, where applicable? • Potential conflicts with Florida Building Code and/or Fire Code as it relates to the ability to permit a deck in the current location (along the western facade of the mobile home, adjacent to another existing unit). ST. LUCIE Board of Adjustment Petition: Chesanek Variance January 8, 2019 Page 2 Adjacent Land Use/Zoning/Uses: Direction Future Land Use Zoning Existing Use(s) River / Ocean Harbour RH, Residential High - 15 HIRD, Hutchinson Island Condominium (Docking North d/u acre Residential District Facilities) RH, Residential High - 15 HIRD, Hutchinson Island Single-family Residence South d/u acre Residential District (Mobile Home) RH, Residential High - 15 HIRD, Hutchinson Island Single-family Residence East d/u acre Residential District (Mobile Home) RH, Residential High - 15 HIRD, Hutchinson Island Single-family Residence West d/u acre Residential District (Mobile Home) The subject 0.05 -acre parcel, or Co-op site #343, is located within the Ocean Resort Cooperative RV Park, situated within the HIRD, Hutchinson Island Residential Zoning District and RH, Residential High (15 du/1 acre) future land use category. The subject property also lies within the Hutchinson Island — Building Height Overlay Zone A, which provides for a maximum building height of 120 feet. The encompassing complex is nearly 100 acres in size and was originally developed as a campground by the Bryn Mawr Corporation in the 1970s. Ocean Resorts was incorporated as a Cooperative in 1980, and was labeled as a "residential park for recreational units". Presently, dwellings within the park consist of wood -frame houses, mobile homes, and a collection of empty lots suited for transient or non -transient recreation vehicles (RVs). The Ocean Resorts co-op contains 400 sites. The petition site features a 1,144 sq. ft. double -wide mobile home, Jacobsen Signature Model, Serial # M464, permitted in 2010. County records note the mobile home features 2 bedrooms and 3 baths, and is established within the AE Zone (FEMA Map Service EL 4). Subsequent to installation in 2010, a wood deck was installed across the entire rear yard, extending around the north west comer to the primary, west, entry. The wood deck provides a staircase to grade -level for pedestrian access, and an elevated walkway between the primary and rear doors of the unit. No permit records for this accessory structure exist. The deck, at the time of construction, was adjacent to Co-op site #344 which was utilized by an RV until a mobile home was installed in late 2017 to replace use by an RV. Variance Request The petition seeks a variance from provisions of Sections 7.10.16 F. L — Setbacks and 7.10.16 Q. La. 1. (b) & (d), of the St. Lucie County Land Development Code, which provides minimum building setbacks for all recreational vehicle lots existing on or before August 1, 1990, to allow permitting (retention) of a raised wood deck (existing), accessory to an existing mobile home, with the following encroachments: l) An 8 ft. encroachment into the required, 8ft., side yard setback for an 1 I ft. linear section of deck; 2) A 4.65 ft. encroachment into the required, 8ft., side yard setback for a 26.7 ft. linear section of deck; and 3) A 5ft. encroachment into the required, 5ft., rear yard setback for a 30 ft. wide section of deck. ST. LUCIE Board of Adjustment Petition: Chesanek Variance Page 3 of 3 In response to the BOA's inquires, the following information is provided: Response to 41: If the variance were approved and deck permit issued, the applicable setback(s) would be measured from this deck structure for the purpose of any existing, newly constructed or reconstructed structure(s) adjacent or where applicable. Based upon this affirmation, the western segment of the proposed deck may adversely impact the lot/site/unit to the west in the future upon application for replacement). and Response to H2: Staff & the petitioner met with Gary Steplavich, St. Lucie County Building Official, who affirmed applicability of the following code(s): -Minimum 3 ft. separation between the deck and adjacent mobile home/building/structure if materials are non-combustible. o The applicant's engineer would be required to affirm the materials of construction (replace the deck material, etc.) are non-combustible and a minimum of 3 ft. between the adjacent structure; or -Minimum 5 ft. separation from adjacent lot if constructed of combustible materials o The applicant's engineer would be required to provide an adjusted design and separation of a minimum 5ft. Exception - NFPA 501A states that the above distances apply " ... 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." Please contact your area representative of the State Fire Marshal's Office for assistance when applying this exception. (Bulletin Attached) RECOMMENDATION Based on the staff analysis included in BOA memorandum dated January 11, 2019 and the additional information provided based on the BOA's review and questions on January 23, 2019, staff has determined that the petition does not necessarily demonstrate consistency with the standards of review as set forth in Section 10.01.02, St. Lucie County Land Development Code. The variance sought does not arise from conditions that are unique and peculiar to the land and physical environment, is not necessary to make possible the reasonable use of the land, building, or structures, and could potentially impair or injure other property or improvements in the neighborhood in which the subject property is located. Staff recommends denial of the variance as requested. Alternatives include replacement of the western deck with a landing structure in conformance with applicable code(s) and a modified deck system to the north of the mobile home complying with applicable setbacks and code(s). Attachments: Mobile Home Setbacks —NFPA January 11, 2019 Staff Report Planning and Development Services Department Planning Division MEMORANDUM TO: Board of Adjasunent q ALJ THROUGH: Mayte Santamaria, Planning & Development Servicesjj A�s,sistanl Direckii t vU� Linda Pendarvis, Development Review CoordinatorjYJ� FROM: Kori Benton, Senior Planner DATE: January I L 2019 SUBJECT: A petition of Michael Chesanek fora variance from the provisions of Sections 7.10.16 P. 1. -Setbacks and 7.10. 16 Q.l .a.1. (b) & (d), of the St. Lucie Comity Land Development Code, which provide minimum building setbacks for all recreational vehicle lots existing on or before August I, 1990, to allow a raised wood deck, accessoiv to a mobile home, within the required side and rear yards. ITEM NO. IV GENERAL INFORMATION Location: 808 Osprey Court, Fort Pierce, FL Parcel ID: 1410-502-0343-000-9 Zoning District: I IIRD, Ilutchinson Island Residential District Overlay Zoning District Hutchinson Island- Building Height Overlay Zone A Future Land Use(s): RIi, Residential High - 15 dwelling units per acre Purpose: The purpose of this variance request is to allow a raised wood deck, accessory to a mobile home, with the following encroachments: I) An 8 ft. encroachment into the required, 8R, side yard setback for an 1 I Il. linear section of deck; 2) A 4.65 ft, encroachment into the required, 8ft., side yard setback for a 26.7 A. linear section of deck; and 3) A 511. encroachment into the required, 5ft., rear yard setback for a 30 ft. wide section of deck. Pa reel Size: 0.05 acres Existing Use: Single-family Residence (Mobile Ilonte) Utilities: St. Lucie County Utilities Water & Wastewater ST. LUCIE Board of Adjustment Petition: Chesanek Variance January 8. 2019 Page 3 The minimum yard (setback) requirements for the subject site are presented below, in accordance with LDC Section 7.10.16 F. 1. - Setbacks, and corresponding text of Section 7.10.16 Q.l .a. L (b) & (d): Ml - .77779=7 ME R x_10 MEMa � .,°t,er8 %°��ti';35u�-n*ar��J3 ;�' "W� �'�n7�Wk..�M lE ti. NO "St e v ,r a s m t� -'M 3v t .€ Ya Jr ` .E r Front 10' 10.48' N/A Rear 5' 7.66' 0' Side 8' O'(East) / 8.02'(West) 0'/0.48' (West) The applicant is requesting relief from the required rear and west side yard requirements of 5ft. and 8ft., respectively, in order to permit and retain an existing wood deck as depicted on a site survey excerpt in Exhibit I, below. Exhibit 1: Co-op Site 343 Survey - Mobile Home (Blue), Wood Deck (Orange) & Adjacent Units (Red) existing N 88'54'09" E 30.03 seawall — cap �o Ra existing - off',' � �'•� existing wood deck -j r- 1_%� 1 concrete J LOT existing (r existing _ ,y; ti 343 z building concretem a s" to n existing m O x "�I _ Wood steps o <� o LOT Lo cr) z qtr 342 1_01o 4� n n 0 Cil � (occupied) ; cc- , 344 p o 2 ZMobile Home 0 __er,�tvna_ Mob . ile £Ionic - installed in installed in � Mobile Home '00( 1017 m installed in '010 BAn�bid. _ _ O'bidg. ° selhock setback existir }A concret ct J , 29.95' 30.01' 2«9.97' OSPREY COURT n a Photographs of the existing deck, constructed in 2010 without documented building permits, providing pedestrian access to the main structure entry and elevated walk along the west facade are presented below for context. S1. LUCIE Board of Adjustment Petition: Chesanek Variance January 8. 2019 Page 4 The photographs below present the rear deck (existing) expanse located within the rear yard. This deck also provides connectivity between the primary entrance to the mobile home and the rear sliding doors. The deck extends, north, beyond the established seawall. ST. LUCIE Board of Adjustment Petition: Chesanek Variance January 8, 2019 Page 5 ST. LUCIE Board of Adjustment Petition: Chesanek Variance January 8, 2019 Page 6 VARIANCE 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 determinations of whether: 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, Sections 10.16 F. 1, & Q.l.a.l. (b) & (d), 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 applicant, in his project description, has indicated the subject deck was built during the time his mother owned the property. Said deck, constructed in 2010 without a documented permit, was subject to a notice from the St. Lucie County Building & Code Divisions in 2018. It was further noted that neighbors to the east and west of our property have "similar" decks, to the deck subject to the variance petition, and been in existence for a number of years. The variance to reduce the required side (west) and rear yard to accommodate a raised wood deck does not directly originate by the actions of the property owner, but rather the proposed to retain the deck as - is, in the absence of modification to conform to required setbacks and/or available alternatives. The subject site is located within a FEMA AE zone, whereas the mobile home features a finished flood elevation several feet above grade, however this circumstance is experienced by adjacent sites and is not exclusively unique. It would be possible for modification of the wood deck, to be situated at -grade level and accompanied by two (2) landing features to provide reasonable access to both means of ingress/egress to the mobile home. Through this alternative design, which has been implemented at the site immediately to the west, access to the mobile home and an observation area within the rear yard may be maintained. The applicant has not sufficiently demonstrated that the unique conditions of the property have caused an unnecessary hardship as distinguished from a mere inconvenience or cost. Presumably, the filing of permits for construction of the deck, in 2010, would have guided alternative construction options in accordance with provisions of the land development code. 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. The variance may impair or injure other property or improvements in the neighborhood, if the same setbacks are applied to a future addition to or replacement of the unit situated to the west of the deck, as "a minimum eight (8) feet unobstructed between adjacent units shall be required" per code. Such application would impact the location of such addition or replacement, as this particular provision requires maintenance of an eight (8) feet unobstructed area or yard between adjacent units, as opposed to site, parcel, or lot lines. ST. LUCIE 3. Board of Adjustment Petition: Chesanek Variance January 8, 2019 Page 7 Further, the deck, in the expanse proposed, could increase the danger of fire or endanger the public safety, as the proximity to an adjacent mobile home unit may provide greater capacity for the spread of fire, if initiated in either structure/unit. The granting of the variance would not, however, impair or injure the supply of light or air to the adjacent public streets or adjacent sites, substantially increase the congestion in the public streets, create a hazard to air navigation, or substantially diminish or impair property values within the neighborhood. The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structures. The variance is not needed to make possible the reasonable use of land. The mobile home can be utilized and access provided via the County's allowance for landings (4ft. by 4ft. plus stairs), or a modified deck system/footprint may be eligible through alternative administrative remedy in accordance with LDC Section 10.01.14. A - Administrative Variances for the Required Minimum Yard Setback Standards, for Recreational Vehicle Parks. For example, the rear deck could be altered, or re -configured at grade, with an accompanying landing and staircase to provide a similar outdoor space at the waterfront. An example of this concept has been established at the site immediately adjacent to the west, as presented in Exhibits B & C below. This is simply provided for comparison and depiction of an alternative design. The applicant would need to ensure that any proposed design alternative meets County code requirements including setbacks. Exhibit B: Design Plans for Rear Landing and Observation Deck at Grade (Site 344 to West) uW RAIS© DECK I STAR 19TEP9 4 24-0 +— -_ TYPI^A_ oc Ac — EXISTING MOBILE 14011E Site 344 (to the west STAIRof Petition Site) G AT ION T. aDE �.`RYC Not Subject Site of Variance Request Si: LUCIE Deck at Grade �—; Landing— Administrative Variance Si: LUCIE Board of Adjustment Petition: Chesanek Variance January 8, 2019 Page 8 Exhibit C: Photo of Constructed Rear Landing and Observation Deck at Grade (Site 344 to West) The presented exhibits highlight an alternative design compliant with established yard and dimensional standards, whereas maintaining ingress and egress to the mobile home via a landing and an observation deck at grade with accompanying safety railings. A modified design, limiting each landing to 4ft. by 4ft., with an accompanying observation deck at -grade may be considered at the petition site. 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 purpose and intent of the LDC and Comprehensive Plan seek to preserve, protect, and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of St. Lucie County, with the particular guidelines (7.10.16 F. 1, & Q.La. 1. (b) & (d)) providing unobstructed separation between dwelling units within RV Parks of no less than 8 ft. The proposed variances and existing deck, beyond allowable landings, reflects obstructions and spatial relationships intended for avoidance within RV Parks, and similarly implemented for residential development. Alternatively, replacement of the current deck system with 411. by 4ft. landings or retention of a minimal width (36"- 42") elevated deck situated at the finished floor elevation which wraps around the rear and western fagade to connect established entrances (landings plus a bridged connection) may provide consistency with the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. STAFF RECOMMENDATION Staff recommends denial of the variance as requested as it does not arise from conditions that are unique and peculiar to the land and physical environment, is not necessary to make possible the reasonable use of the land, building, or structures, and could potentially impair or injure other property or improvements in the neighborhood in which the subject property is located. ST, LUCIE Board of Adjustment Petition: Chesanek Variance January 8, 2019 Page 9 SUGGESTED MOTION(S) TO APPROVEIDENY THIS REQUESTED VARIANCE: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF MICHAEL CHESANEK FOR A VARIANCE FROM THE PROVISIONS OF SECTIONS 7.10.16 F. L — SETBACKS AND 7.10.16 Q.La.L (b) & (d) OF THE ST. LUCIE LAND DEVELOPMENT CODE TO ALLOW FOR A DECK TO EXTEND WITHIN THE REQUIRED SIDE AND REAR YARD IN THE HIRD ZONING DISTRICT, BECAUSE...... (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, 1 HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF MICHAEL CHESANEK FOR A VARIANCE FROM THE PROVISIONS OF SECTIONS 7.10.16 F. 1. — SETBACKS AND 7.10.16 Q. La.l . (b) & (d) OF THE ST. LUCIE LAND DEVELOPMENT CODE TO ALLOW FOR A DECK TO EXTEND WITHIN THE REQUIRED SIDE AND REAR YARD IN THE HIRD ZONING DISTRICT, BECAUSE...... (CITE REASON WHY - PLEASE BE SPECIFIC) ST. LUCIE 0 1 ,wv 1� tY 1 r �i y.✓ #''f,r+ �"tX = #. 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On February 27, 2019, the Board requested the applicant provide any necessary documents supporting her variance request. Since the transmittal of the petition package for the March 27, 2019 Board of Adjustment meeting, the Planning and Development Services Department has received several additional documents from Mrs. Dianne Soldevilla. Please find attached for your review, an updated boundary survey, picture of the pool patio and screen enclosure, and email sent to Kristopher McCrain of the Planning and Development Services Department. Attachments: - Updated boundary survey - Picture of pool patio and screen enclosure - Email sent to the PDS Department Cc: Ron Harris, Board ofAdjusvnent Chairman Robert Lowe Sr., Board ofAdjustnrent Vice Chair Michael Jacquin, Board ofAdjustnrent Captain Derek Foxx, Board ofAdjustnrent Alexander Tommie, Board ofAdjustmew Katherine Barbieri, Assistant County Attorney Mayte Santamaria, PDSAssisiant Director ST. LUCIE VVO K,' a ' Kristopher McCrain From: Dianne Soldevilla <dsold999@gmail.com> Sent: Tuesday, March 19, 2019 9:44 PM To: Kristopher McCrain Subject: Fwd: BOA Continuance Packet 3/27/2019 Meeting Sorry continues did not mean to hit send un edited. I was finished. I am so close to bob cats, pigs,even a panther spotted in the park. I want to feel safe and having that area closed in gives me security. That is truly the hardship, it's long but it's my life and I think you needed to know more to understand that this 30 feet is the most stressful important life change issue facing me after I deal with my health. I Just can't understand why you are so against it, you're recommendation is very important tome and to the board. Can you explain tome why you feel you need to deny my request to fix my errors in bending the rules. I was wrong I see that now but it was a costly mistake. Without this variance my dream little one woman retirement dream will be shattered. I'm not that strong mentally, I'm drained here in Massachusetts trying to not be preoccupied by my worries about my house when I'm here to support someone not nearly as blessed as I have been. Sincerely Dianne Soldevilla Begin forwarded message: From: Dianne Soldevilla <dsOId999Cdemail.com> Date: March 19, 2019 at 9:32:28 PM EDT To: Kristopher McCrain <McCralnk(a�stlucieco.ore> Subject: Re: BOA Continuance Packet 3/27/2019 Meeting Nice job putting this all together. Thank you. Soothing I want you to know about me I came back to PSL after leaving in 2005 due to my disabled husband of 35 yrs to be close to Vanderbilt Hospital in Nashville for a one time chance at an experimental surgery to basically save his life. Unfortunately after 2 yrs there he sadly passed away in less than a week after his spinal surgery. I put the house up for sale did not know anyone in TN and I wanted to come home, which was actually in Southbend Lakes. I had lost everything with the housing crisis and selling two houses in two years loosing more than just equity. I lost a lot of my planned retirement savings. I came back to the area I live in because all my horse friends were there and I was alone, no family just friends. I built my little house on my lot using 100% of the life insurance I got and emptied out all our savings and investments to live my dream in my little happy calm place, next to nature, alone. I just wanted to hide. I was alone, I was taken advantage of by the independent builder that I had, not only what you see in the placement of the little house but in the non paid plumber, Surver and and the supply people he bought materials from. I had bills and threats of liens. Not to make you feel bad for me but my Mom passed away 3 days after my husband. My life needed a jump start so I picked myself up dusted off and I took the funds from my mom to build that house. I lived off of the rental she had till my widow Social Security started. I sold the house then and made just the right Amount of money to put in my dream pool. But even before I was blessed to be able to continue my plan on finishing my house I was contacted first by the county codes about it the un permitted Bldgs that were on my property. They were there when I bought the property. The county employees at code and permitting guided me through the process of getting every building inspected and permitted. Then .... a couple of years of planning to complete my little dream almost ready for the back patio that my architect designed could be finished and the pool installed. I was finally in a good place mentally ready to move on and the notification from Mr Johnson from the planning board about the house not in the right place. Mr Johnson handled everything he said he was correcting a county code mistake by letting me house be placed too close to the side setback. I paid people for this building project and expected with all the inspections and overlooking the county seemed to do for me I would never have expected to ever have county contact again. As it seems ever since the house was put in the wrong place my dream has become a nightmare. I have help from Randal Barkley, he's with me for a while then he's back home to his family in Nashville. Basically he helps me exist on my own he's my trustee. I am trusting him to try to help me with all this variance stuff because basically I really need to have help. I can not do this on my own anymore. I have tried to survive independently but at my age now I am experiencing health issues that being alone and having my heath to deal with and this patio thing m afraid will put me over the edge mentally and financially I'm strapped with too much credit. I was called on Saturday to come to Massachusetts on Monday to intervene in an elder abuse issue as I have abuse experience. My best friend, she's 76 yrs old, has been medically challenged and during her hospitalization and rehab a son has stolen her car, her credit cards and so much more. The metal abuse is the hardest. So that is why I had to drop everything (my scheduled brain mri) and come to Massachusetts to help her take back her identity and legal get her the help she needs. Then after can come home. Today was a good day for her, things are going to be taken care of so when we come home I know she will be ok. It's hard to be optimistic when reading your reasons for wanting to deny me 10 feet of my own property next to a neighbor highly in favor and telling the board that it he was highly in favor of my setback in a tiny area of 1.5 acres there was no noticeable difference to him that I'm closer in the far back of the huge property by a small 10 ft easement which is in the scheme of area minuscule. The locator of my property Is where it is for me to retire peacefully. This has not been the peaceful retirement I was planning. As for my un permitted roof. Ok I admit it I was wrong in putting a roof over my patio to screen i wanted a safe area to be outside at dusk and dawn to go from the back door to the pool area. We have had a major bobcat problem again coming on to our properties by the park and killing and steeling our chickens. I hav a small service dog, I love nature and that is why I live 1. Sent from my IPad On Mar 19, 2019, at 12:14 PM, Kristopher McCrain <McCraink(@stlucieco ora> wrote: Mrs. Soldevilla, I have attached the final Board of Adjustment agenda packet to this email foryour viewing. I have also mailed you a hard copy so that you may have it for your files. Please let me know if you have any questions. Thanks, Kristopher McCrain Planning and Development Services Associate Planner 2300 Virginia Avenue Fort Pierce, FL. 34982 (772) 462-1265 McCrainlQalstlucieco.ore www.stiucieco.ora ST. LUCIE Esi ^f IO oil <image001.jpg> +,aa Cc " Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie Counly that all County records shall be open for personal inspection, examination and/ or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. <Soldevilla BOA Continuance 3-27-2019 (Ful]).pdf> r ®-gym. I I I I I sa \ I Fvj 1 LLC. I _ _ I "�"n'gOirzmvr"'°w°iao'.[iii w�xi ¢ '^ .nmwuw vnmxo wuu¢nn nrzavn. ue LLC. Planning and Development Services Department Planning Division MEMORANDUM TO: Board of Adjustment THROUGH: Mayte Santamaria, Assistant Director Linda Pendarvis, Development Review Coordinator j�% FROM: Kris McCrain, Associate Planner Y(� DATE: March 18, 2019 SUBJECT: Board of Adjustment's continuance of the petition of Dianna Soldevilla from the February 27, 2019 Public Hearing This petition of Dianne Soldevilla was presented at the February 27, 2019 Board of Adjustment (BOA) public hearing and was continued to the March 27, 2019 public hearing to allow staff to research the additional information requested by the BOA. The variance request is to allow an existing covered screen porch to encroach into the required minimum 20 -foot side yard setback by no more than 9.12 feet, providing a total side yard setback of 10.88 feet for this structure; and to also allow for the existing pool enclosure to encroach into the required minimum 30 - foot rear yard setback by no more than 0.45 feet, providing a total rear yard setback of 29.55 feet for these structures, within the AR -1 (Agricultural, Residential — 1 du/ac) Zoning District. The Board of Adjustment public hearing was continued for the following reasons: 1. To allow the applicant to provide any necessary documents to support her variance request. 2. To allow County staff to research the history of any and all building permits, code cases, and previous variances. In response to the BOA's concerns, the following information is provided: Response to # 1: Applicant has not yet contacted the Planning and Development Services Department to include any documents relating to previous permits, code cases, or variances. Response to # 2: Staff has prepared a complete timeline of all previous building permits, code enforcement cases, and variances. Please see the attached table, labeled Timeline of Code Cases, Building Permits, and Variances. ST. LUCIE Timeline of Code Cases, Building Permits, and Variances Dot # File Type Notes Comments Number Permit Residential 01/22/2010- Construction of Single -Family Residence 03/05/2010- Date Permit was Issued. •1 #1001-0222 Single -Family (881 Sq. Ft. 1 Bedroom/1 Bathroom). 06/10/2010- Date Permitwas Finaled. Dwelling Permit Miscellaneous 10/15/2010- Installation of a pre -manufactured 11/15/2010- Date Permitwas Issued. *2 #1010-0125 Building storage shed 20'x24'w/electric. 12/10/2010- Date Permitwas Finaled. 06/19/2014-Applicantwas told that she will need to permit the three (3) existing structures: Code Case Code Code Case Note:- Please obtain a permit for the 48'x10'- Covered Storage Building 3 48M1 Enforcement accessory structures(Gazebo, Enclosed Barn, etc...) on 12'x26'- Wood Storage Building Case the property. 12' x14' - Wood Gazebo 07/06/2015- Code Case Closed with issuance of permits. BOA BOA 04/22/2015- Board of Adjustment approved a variance to allow asingle-family structure to encroach into required 20 foot 4 Resolution Resolution minimum side yard setback by 3feet. 2015-005 After -the- Building 02/09/2015- Applicant applied fora permit fora 40'x 07/06/2015- Date Permitwas Issued. •5 Fact Permit (Miscellaneous) 30' outdoor barn. Barn was brought in on truck around 07/07/2015- Date Permitwas Finaled. #1502-0102 2004 &tied down in 2008. 02/24/2015- Rear setbacks were accepted as is, since the structures have 02/09/2015- Wood structure/shed was built as an been there foryears. In the event that more than SOY of the structures After -the- Shed greater open run for horses. Applicant constructed sides to are damage, all new structres must meet minimum required setbacks, per *6 Fact Permit than 144 SF close -in storage shed, and add hurricane straps as Monica Graziani. #1502-0106 required by Florida Building Code. (Purchased with 07/06/2015- Date Permitwas Issued. property in 2008). 07/07/2015- Date Permitwas Finaled. 02/24/2015- Rear setback accepted as is, since the structures have been After -the- 02/09/2019- Wood gazebo (13.58'x 115) attached to in place for years. In the event that more than 50% of the structures are • 7 Fact Permit Miscellaneous ground with tie -downs. Bought property with damaged, all new structures must meet minimum required setbacks, per #1502-0108 Building structure built already in 2008. Monica Graziani. 07/06/2015- Date Permitwas Issued. 07/07/2015 -Date Permitwas Finaled. BOA 01/27/2016- Board of Adjustment denied a variance for screen patio, pool enclosure and pool patio to encroach into the 20 foot 8 Resolution BOA Resolution required minimum side yard setback by 10 Feet. 2016-002 Permit Review Notes: No structure shall be allowed on patio extension behind house, or outside the pool enclosure. Permit Pool/Spa- 07/20/2016- Installation of swimming pool & patio. O8/02/2016- Date Permit was Issued. 9 #1607-0418 Residential Anda 28'x10'slab only, adjacent to the rear of house. 11/23/2016- Received Form Board Survey& disapproved for rear setback. 12/02/2016- Revised Form Board Survey, meeting rear setback. 01/26/2017 - Date Permit was Finaled. 08/04/2016- Date Permitwas Issued. Permit 07/20/2016- Installation of an aluminum screen pool 08/73/2016- Revision to the permitto add a patio to the end of the house •]0 #1607-0419 Pool Enclosure enclosure. on right &relocated the spa. (34'10" x 29'5" on slab by the pool company) .01/12/2017- Date Permitwas Finaled. 04/24/2018- Code Case Notes:The screen room does 06/14/2018 -Code Case Notes: Applicant claims Jeff Johnson gave Code Case Code not have a permit. Please make sure the structure permision to allow for screen enclosure to encroach into side setback. IS #94805 Enforcement meets all zoning and building requirements prior to 02/08/2019 -Case has been continued until the April 3, 2019 Code Board, Case applying for the permit or remove thestructure. pending decision of The Board of Adjustment. 02/27/2019 -Board of Adjustment continued meeting in order to allow the applicant and staff to gather more information on *12 2019 Board of Adjustment past code cases, permits, and variances. • Documents will be available from staff at time of the meeting Board of Adjustment Petition: Soldevilla Variance Page 3 of 10 RECOMMENDATION Based on the staff analysis included in BOA Memorandum dated February 5, 2019 and the additional information provided, based on the BOA's review and questions on February 27, 2019, staff has determined that the petition does not conform to a strict interpretation of the standards of review as set forth in Section 10.01.02, St. Lucie County Land Development Code. The variance sought arises from conditions that are not unique and do not qualify as a hardship as defined in the St. Lucie County Land Development Code; the variance is in conflict with the goals, objectives, and policies of the St. Lucie Comprehensive Plan. On January 27, 2016 the applicant was denied a variance by the Board of Adjustment, in order to construct a pool enclosure and screen patio that would encroach into the minimum required side yard setback. According to the original submitted as -built survey of the screen enclosure, the screened pool enclosure did not meet the minimum required 30 -foot rear yard setback by 0.45 feet, and was disapproved on November 23, 2016. A second as -built survey was submitted and approved on December 2, 2016 showing the pool enclosure meeting the minimum required rear and side yard setbacks. According to the original construction plans submitted to the Planning and Development Services Department, dated January 6, 2016, both structures (screen enclosure and covered patio) did not meet the minimum side and rear yard setbacks and was noted on the site plan in red ink. A revised set of construction plans was later submitted, showing all structures meeting the minimum required side and rear yard setbacks. The approved construction plans also include a note stating "No structure or roof allowed on this patio", per Lydia Galbraith, Zoning Specialist. Staff is recommending denial of the requested variance to allow an existing covered screen porch to encroach into the required minimum 20 -foot side yard setback; and to allow for the existing pool enclosure to encroach into the required minimum 30 -foot rear yard setback. The applicant is requesting the variance to allow for the existing structures to remain and to be permitted for an after the fact permit. Attachments: - Timeline and other corresponding documents - Subset documents corresponding to the timeline Board of Adjustment Soldevilla, Dianne Variance (BA -1220185425) February 5, 2019 Page 5 Suggested motion to recommend approval/denial of this requested variance. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF DIANNE SOLDEVILLA, FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01 (TABLE 7-10) LOT SIZE DIMENSIONAL REQUIREMENTS, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO PERMIT AN EXISTING COVERED SCREEN PORCH TO ENCROACH INTO THE REQUIRED 20 -FOOT SIDE SETBACK BY NO MORE THAN 9.12 FEET, PROVIDING A TOTAL SIDE SETBACK OF 10.88 FEET; AND ALLOW A POOUPOOL DECK AND SCREEN ENCLOSURE TO ENCROACH INTO THE REQUIRED 30 -FOOT REAR SETBACK BY NO MORE THAN 0.45 FEET, PROVIDING A TOTAL REAR SETBACK OF 29.55 FEET FOR THESE STRUCTURES, WITHIN THE AR -1 (AGRICULTURAL, RESIDENTIAL — 1 DU/AC) ZONING DISTRICT, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF DIANNE SOLDEVILLA, FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01 (TABLE 7-10) LOT SIZE DIMENSIONAL REQUIREMENTS, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO PERMIT AN EXISTING COVERED SCREEN PORCH TO ENCROACH INTO THE REQUIRED 20 -FOOT SIDE SETBACK BY NO MORE THAN 9.12 FEET, PROVIDING A TOTAL SIDE SETBACK OF 10.88 FEET; AND ALLOW A POOUPOOL DECK AND SCREEN ENCLOSURE TO ENCROACH INTO THE REQUIRED 30 -FOOT REAR SETBACK BY NO MORE THAN 0.45 FEET, PROVIDING A TOTAL REAR SETBACK OF 29.55 FEET FOR THESE STRUCTURES, WITHIN THE AR -1 (AGRICULTURAL, RESIDENTIAL — 1 DU/AC) ZONING DISTRICT, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC). Page I of 1 Doc # 3 Code Enforcement System ISap[nr Mc45e1Ma4 WranY I�.r AarcaN .wo�la f55r Sear[,. You are logged In as —om m.. So., DYarY PIInI J Gage Write-up C..N.. ---- cau sinus sBNO. (ENTER) PUT— Edit U Edit Addm$VHomestesd Canal Addres"amwead Chanp.Npdal. 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Nob Nola Odk OdKatl Fnlaed BY Oate LaYOlange Uarged By E119/1019 daN PN wHxthe DWM b M hN k. a WWW K noand IN Ue 4ludur¢sA txs IomOnns - ams K 4kp Rlnaw mN WN Mae IIM114 NOV MW 32/10/1e owner fames 931-4924123 sM IS repues0n9 a fop/ of Ue M rile Ne Nought UK was taken fare of-wa are adxMdrl9 a na," lar 13/19/19 10 am aFe kbkykg PaPercmrk M M mAd 66w Ods mW E011MRi PUS TIME SHE 15 Nf OMNFR-SHE SITi A VARIMM -NVB VARIAMM APPROVED MMM RFADT Folk PM W V22/LS We 7I /15 PERMM STRL PENOINO- WA Polk SEPT MVS 1/6115 KL FEWITS ISSIEO CASE IMOSED MVS 1502-0109.1502-0101,1502-0102 MVR http://ceweb/(S(hmvugoauskwgcfOxcxrgi l iq))/CaseWriteup.aspx 3/18/2019 Doc # 4 BOARD OF ADJUSTMENT RESOLUTION NO. 15-005 3 File No.: BA 320154843 4 5 A RESOLUTION APPROVING A VARIANCE FOR 6 CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA 7 8 WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony and 9 evidence, including, but not limited to the staff report, has made the following determinations: 10 11 1. Petition of Dianne Soldevilla for a variance from the provisions of Section 7.04.01 12 (Building Setback Requirements) of the St. Lucie County Land Development Code for an 13 existing single family residence to encroach up to a maximum of 3 feet into the required 14 minimum 20 foot side yard setback in the AR -1, Agricultural, Residential — 1 Zoning 15 District. 16 17 2. On April 22, 2015 this Board held a public hearing on the petition, after publishing a 18 notice of such hearing, installing a sign on property and notifying by mail all owners of 19 property within 500 feet of the subject property. 20 21 3. After consideration of the testimony presented during the public hearing, including staff 22 comments, exhibits, and the standards of review for granting variances set out in Section 23 10.01.02, St. Lucie County Land Development Code, the Board of Adjustment has made 24 the following determinations: 25 26 The requested variance meets the standards of review as set forth in Section 10.01.02, 27 St. Lucie County Land Development Code and is not in conflict with the goals, 28 objectives, and policies of the St. Lucie County Comprehensive Plan, because 29 30 a) There were no oral objections made from the public in regards to the variance; 31 32 b) The variance is the minimum variance that will make possible the reasonable use 33 of land,• 34 35 c) The variance does not impair or otherwise injure other property or improvements 36 in the area in which the subject properly is located; and 37 38 d) The re -location or demolition of the existing single family may cause a financial 39 burden to the property owner. 40 41 NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, 42 Florida: 43 3.44 Petition of Dianne Soldevilla for a variance from the provisions of Section 7.04.01 (Building 45 Setback Requirements) of the St. Lucie County Land Development Code for an existing single 46 family residence to encroach up to a maximum of 3 feet into the required minimum 20 foot side JOSEPSAINTH E. E CiOUNTYERK OF THE CIRCUIT COURT April22,2015 PLEB 4063705'04'-62015 a%09:157�7+1 i .RESO ROA Resolution No. 15-005 File No. BA 320154843 OR BOOK 3739 PAGE 2613'2615 Oar �� Page 1 RE6'ORU.NO i2+ W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Doc # 4 yard setback in the AR -1, Agricultural, Residential — 1 Zoning District., for the property depicted on the attached map as Exhibit "A" and described as follows: THE NORTH 165 FEET OF THE SOUTH 1155 FEET OF LOT 6, BLOCK 2, SECTION 24, TOWNSHIP 36 SOUTH, RANGE 40 EAST, PLAT NO. 1 OF ST. LUICE GARDENS, ACCORDING TO THE PLAT THEREOF, RECORED IN PLAT BOOK 1, PAGE 35, PUBLIC RECORDS OF ST. LUCIE COUNTY, FL. PARCEL IDENTIFICATION NUMBER: 3414-501-1006-100-8 A. Based on the evidence presented, this variance is approved. B. An appeal from the Board of Adjustment's action may be processed in accordance with Section 10.01.07, of the St. Lucie County Land Development Code After motion and second, the vote on this resolution was as follows: Chairman Richard Pancoast AYE Commissioner Robert Lowe AYE Commissioner Buddy Emerson ABSENT Commissioner Ron Knaggs AYE Commissioner Michael Jacquin ABSENT PASSED AND DULY ADOPTED This 22nd day of April, 2015. ATTEST: i re ary April 22, 2015 File No. BA 320154843 BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA z1M11Ji2r,1z- Chairman APPROVED AS TO FORM AND CORRECTNESS: 1 Li i Asst. County A ney BOA Resolution No. 15-005 Page 2 Doc # 4 Exhibit A April 22, 2015 BOA Resolution No. 15005 File No. BA 320154843 Page 3 ST. LUCIE COUNTY Doc # 4 S 'i- Planning & Development Services Department p - ii" ` -. Planning Division ff �' U t�`•A'=" 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 htti):/Iwww.stiucieco.org/planning/plannin.g.htm DEVELOPMENT APPLICATION A pre-application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Type rcheck each thata00106l Site Plan Rezoning ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment" ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment o Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) o Final Planned Non -Res. Develop. (PNRD) Conditional Use' ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance t o Administrative Variance 2 Variance ❑ Variance to Coastal Setback Line Other Cl Administrative Relief ❑ Class A Mobile Home' ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change° ❑ Land Development Code Text Amendment' ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # ' ❑ Shoreline Variance ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements ❑ Appeal of Decision by Administrative Official7D ❑ Eminent Domain Waiver" Aoolication Supplement Packages 1. Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2. Variance 7. LDC Text Amendment Administrative Official 3. Rezoning / Zoning Atlas Amend. 8. Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan 5. Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable feels). Page 1 of 6 Revised May 6, 2013 Received By Planning Division MAR 4 2015 St. Lucie County M FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) ❑ BASE REVIEW FEE: $ (A) ❑ CONCURRENCY FEE: $ (B) ❑ ERD REVIEW FEE: $ (C) ❑ UTILITIES $ ❑ PER ACREAGE CHARGE: $ (D) ❑ RESUBMITTAL FEE: (if applicable) $ (E) ❑ OTHER $ SUBTOTAL OF BASIC FEES: $ ❑ PRE -APPLICATION MEETING FEE: (F) $( ) deduction Receipt No. of Payment Date of Pre App: O BALANCE OF FEES DUE: $ - SEPARATE CHECK FOR TRAFFIC IMPACT STUDY —Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 — Methodology Meeting (H) (If Applicable) • Additional fees will be due if a 3`d party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3" party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval. Pre -Application Meetin equest 0 7i/An/WA� V ALD v V t L[ f1 T!'C-fs /Q irD SJ��.,✓��� Applicant Name (Printed) Signature of applicant (For office use only) LL r2INTB!�MEVIKN�R - SIGNATURE DATE `: t` VERIFIED BY OIGNATURE / DATE File Number: (y' Receipt Number: Page 2 of 6 Revised February 13. 2014 Doc # 4 Submittal Reauirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must Include the following: ■ Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) O Aerial Photograph - property outlined (available from Property Appraiser's office O Property Deed ❑ Legal description, in MS Word format, of subject property' ❑ Property Tax Map - property outlined (electronic copy not required) ■ Survey (2036) O 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or O Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: O Site Plan 24"x36" at a scale of V=50'(12 copies- folded, not rolled) ❑ Boundary Survey (2036) - Signed and Sealed (12 originals) ❑ Topographic Survey (2406) - Signed and Sealed (12 originals) ❑ Landscape Plan - Signed and Sealed (12 originals) ❑ Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LOC Section 11.02.09(4)) O Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC'; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: • Letter of justification - submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) O Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 conies of the following: ❑ Main Application and back up material ❑ Approved Site Plan and copy of approved Development Order ❑ Plat - Include extra copies of Plat for applicable conditions of approval Four (4) Oriainal Molars are due followino final staff review. "Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it will invalidate the results of any hearing(s). Page 3 of 6 Revised February 13, 2014 Project Information Project Name: Site address: Parcel ID Number(s): 3414-561- 1006 -100-6 Doc #4 Legal Description: (Attach additional sheets if necessary - also must be provided In MS Word format on CD) Property location - Sectionf township/Range: Property size -acres: 1.33 Square footage: r Future Land Use Designation: 1Zr Zoning District: M- ( Description of project: (Attach additional sheets if necessary) -�u 6V(XiAry .2,t*G f`_`�lwfq 1 as 5ii7- f//9E fe6YtAC(� Type of construction (check all applicable boxes): D Commercial Total Square Footage: Existing D Industrial Total Square Footage: Existing D Residential No, of residential units: Existing No. of subdivided lots: Existing D Other Please specify: Number and size of out parcels (if applicable): Page 4 of 6 Revised February 13, 2014 Proposed: Proposed: Proposed: Proposed: SPECIAL NOTICE Doc # 4 (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer): Agent Information: Business Name: Business Name: Name.,bviuye SOLZuli-LA Name: Address: ri 0 1 7 (n U LLQ f PLF1C4 Address: ?oAr ST' Ljc-,E a Pi- (Please L(Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: �93/�- O/ 9�3 Phone: Fax: Fax: Email: dkjold ema I I. com Email: Please note: both applicant and agent will receive all officiai correspondence on this project. Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. �r !✓//�A/A/k' �DLA4Vl �Lli IT" r Avner pne ure /grope—f-Gi y `caner ama nnfe Mailing Address: 70/1 G ULL077f PG Phone: If more than one owner, please submit additional PDR? Er kucIE pages STATE OF rL COUNTY OF M— 1,UCI The foregoing instrument was acknowledged before me this L day of —�JO� by �V(� �� `\ \C,j` who is personally known to me or who has produced as identification. M \ ,gna ureo o yp7 eor Pnn ame oa I (Y• Cw0ftfl%rnber Seal) EXPIRES: ApAlEMU S 20 15 8orgep 71ra NoferyP,* oftkr dela Page 5 of 6 Revised February 13, 2014 Doc # 4 Required Document Namin List All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. ' Document Document Format Required Name on CD Aerial Photograph PDF Aedal.pdf Application PDF Application.pdf Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchElev. df Boundary / Topographic Survey PDF BoundaryTopo.pdf Drainage / Stormwater Plan PDF Draina ePln. df Easements PDF Easements. df Environmental Impact Report PDF or Word EIR.pgf or EIR.doc Existing Condition Plan PDF Existin Cond. df Flood Plain PDF or Word Flood. df or Flood. Doc Landscape Plan PDF Landscape.pdf Le al Descri tion Word Le al.doc Lighting Plan I PDF I Lightinq.pdf Mitigation Pian PDF Miti ation. df Mobile Home Plans PDF or Word MobiieHome. df or MobilsHome.doo Paving Plan PDF Pa%fing.pdf Permit External PDF Permit. df Plat PDF Plat. df or Plat.doc Property Deed PDF Deed.pdf Site Plan PDF SitePlan. df Traffic Impact Report PDF or Word I TIR. df or TIR.doc Tree Survey PDF Tree. df Turtle Protection PDF or WordTurtle. df orTurtle.doc UtilityPlan PDF uuc-, t . f Vegetation Removal Application PDF Ve etation, df Page 6 of 6 Revised February 13, 2014 Doc # 4 Supplement 2 Variance Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details 1. 1 (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) Dimensional setback relief for the existing single family residence. 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: The purpose is to obtain a variance to allow the principal structure to be deemed legal, non -conforming per St. Lucie County LDC requirements. 3. State the specific hardship imposed on the owner by the LDC? The property owner purchased the property in 2008 and applied for a building permit to construct an 800 s.f. single family residence on January 22, 2010. The building permit was approved by staff on March 5, 2010 and received form board survey approval from the County's Zoning Division on March 18, 2010. The form board survey was approved incorrectly by staff with a 2426 foot encroachment into the side yard setback. 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. The variance requested is unique due to circumstances that were not in control of the property owner. The placement of the single family residence was approved in error by County staff. 5. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhood in which the subject property is located. The single family home received a Certificate of Occupancy on June 10, 2010. Code Enforcement staff has not received any complaints in regards to the placement of this structure. 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. A single family residence is a permitted use in the zoning district. Code Enforcement staff has not received any complaints in regards to the placement of this structure. Page 1 of 3 Revised: March 4, 2015 Received Sy Planning Division MAR 4 2015 St. Lucie County Doc # 4 Supplement 2 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. The single family residence has a permanent foundation and would be a financial hardship to re -locate. 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the Comprehensive Plan. The single family home complies with all other LDC dimensional requirements (height, setbacks, etc). There are no conflicts with the Comprehensive Plan. 9. Is this variance request located within a Homeowners or Property Owners Association? No 10. Name of Association NIA 11. Is there a letter from that association attached? No • Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. • Per LDC Section 10.01.04(A)(7) If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. 1 (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the public hearing. Jf}N I V OL/�/� ✓tt / A /I/� Applicant or Agent Name (printed) Page 2 of 3 Revised. March 4, 2016 N w Nyle->v.LG.c> 1T�� Signature JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILEN 41590420211112016 at 09;46 AM OR ROOK 3635 PAGE 2648-2650 Doc Typo; RESO RECORDING: $27.00 1 BOARD OF ADJUSTMENT Doc # H 2 - RESOLUTION NO. 16-002 3 File No.: BA 120167976 4 5 A RESOLUTION DENYING A VARIANCE FOR 6 CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA 7 8 WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony and 9 evidence, including, but not limited to the staff report, has made the following determinations: 10 11 1. Petition of Dianne Soldevilla for a variance for the construction of pool enclosure and 12 swimming pool to encroach 10 feet and 6 feet, respectively, into the required minimum 13 20 foot side yard setback in the AR -1 (Agricultural, Residential — 1) Zoning District. 14 15 2. On January 27, 2016 this Board held a public hearing on the petition, after publishing a 16 notice of such hearing, installing a sign on property and notifying by mail all owners of 17 property within 500 feet of the subject property. 18 19 3. After consideration of the testimony presented during the public hearing, including staff 20 comments, exhibits, and the standards of review for granting variances set out in Section 21 10.01.02, St. Lucie County Land Development Code, the Board of Adjustment has made 22 the following determinations: 23 24 The requested variance does not meet the standards of review as set forth in Section 25 10.01.02, St. Lucie County Land Development Cade and is not in conflict with the goals, 26 objectives, and policies of the St. Lucie County Comprehensive Plan, because 27 28 a) There is adequate yard space in the rear and side yard to install the proposed 29 improvements (pool enclosure and swimming pool) and comply with the 30 minimum building setbacks and 31 32 b) The variance does not arise from conditions that are unique and peculiar to the 33 land, structures, and buildings involved. There are no physical or topographical 34 conditions that would result in unnecessary hardship. 35 36 NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, 37 Florida: Petition of Dianne Soldevilla for a variance for the construction of pool enclosure and 38 swimming pool to encroach 10 feet and 6 feet, respectively, into the required minimum 20 foot 39 side yard setback in the AR -1 (Agricultural, Residential — 1) Zoning District, for the property 40 depicted in the attached map as "Exhibit A" and legally described below: 41 42 LEGAL DESCRIPTION 43 44 THE NORTH 165 FEET OF THE SOUTH 1155 FEET OF LOT 6, BLOCK 2, SECTION 45 24, TOWNSHIP 36 SOUTH, RANGE 40 EAST, PLAT NO. 1 OF ST. LUICE GARDENS, 46 ACCORDING TO THE PLAT THEREOF, RECORED IN PLAT BOOK 1, PAGE 35, 47 PUBLIC RECORDS OF ST. LUCIE COUNTY, FL. January 27, 2016 BOA Resolution No. 16,002 File No. BA 120167978 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Doc # 8 PARCEL IDENTIFICATION NUMBER. 3414-501-1006-100-8 A. Based on the evidence presented, the variance is denied. B. An appeal from the Board of Adjustment's action may be processed in accordance with Section 10.01.07, of the St. Lucie County Land Development Code. After motion and second, the vote on this resolution was as follows: Chairman Richard Pancoast AYE Commissioner Robert Lowe AYE Commissioner Derek Foxx AYE Commissioner Ron Knaggs AYE PASSED AND DULY ADOPTED This 27" day of January, 2016. ATTEST: ary January 27, 2016 File No. BA 120167978 BOARD OF ADJUSTMENT ST. LUCIE COUNTY. FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: Asst. County Attorney BOA Resolution No. 16002 Page 2 Doc # 8 Exhibit A Dianne Soldevilla /N �\ BA -120164978 A Subject , Property 'C a .Q a Tilton 7Rdt�7 QpF e e G� Dyer Rd \ 4£ SFA it Fq 1 \ January27, 2016 File No. BA 120167978 BOA Resolution No. 16002 Page 3 ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1561 http://www.stiucieco.orn/planning/planning.htm DEVELOPMENT APPLICATION Doc # 8 A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Tvoe rcheck each that similes Site Plan Rezoning' ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment' ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan Other ❑ Minor Adjustment to PUD/PNRD/PMUD o Administrative Relief Planned Development ❑ Class A Mobile Home E Planned Town or Village (PTV) ❑ Developer Agreement (Submit per LDC ❑ Planned Country Subdivision (PCS) 11.08.03) ❑ Planned Retail Workplace (PRW) ❑ Power Generation Plants ❑ Prelim. Planned Unit Develop. (PUD) ❑ Extension to Development Order ❑ Prelim. Planned Mixed Use Develop. (PMUD) o Historical Designation/Change$ ❑ Prelim. Planned Non -Res, Develop. (PNRD) ❑ Land Development Code Text Amendment' ❑ Final Planned Unit Develop. (PUD) ❑ Plat ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Post Development Order Change ❑ Final Planned Non -Res. Develop. (PNRD) ❑ Re -Submittal # " I Conditional Use' ❑ Shoreline Variance ❑ Conditional Use ❑ Stewardships — Sending/Receiving ❑ Major Adjustment to a Conditional Use ❑ Telecorp Tower (Submit per LDC 7.10.23) ❑ Minor Adjustment to a Conditional Use ❑ Transfer of Development Rights Variance' ❑ Waiver to LDC/Comp. Plan Requirements I ❑ Appeal of Decision by Administrative Official"Variance ❑ Eminent Domain Waiver" 0XAdministrativeVariance Variance to Coastal Setback Line Application Suoplement_Packanes 1. Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2. Variance 7. LDC Text Amendment Administrative Official 3. Rezoning/ Zoning Atlas Amend. 8. Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments g. Waiver to LDC/Comp. Plan 5. Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). ,Alpflnlltp S Development Services JAN 82016 Page 1 of 6 Revised May 6, 2013 RECEIVED 9 • FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS – Planning Division Application Type: Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) ❑ BASE REVIEW FEE: $ U�v— (A) ❑ CONCURRENCY FEE: $ (B) ❑ ERD REVIEW FEE: $ (C) ❑ UTILITIES $ ❑ PER ACREAGE CHARGE: $ (D) ❑ RESUBMITTAL FEE: (if applicable) $ (E) ❑ OTHER _ _ _ $ SUBTOTAL OF BASIC FEES: $ ❑ PRE -APPLICATION MEETING FEE: (F) $( ) deduction Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $ SEPARATE CHECK FOR TRAFFIC IMPACT STUDY – Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 –Methodology Meeting (H) (If Applicable) • Additional fees will be due if a 3rd party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3" party. • Please note; For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval. Pre -Application Meetin equest �l f fjjr[h(� C• • ntV ILIA Applicant Name (Printed) Signature of applicant (For office use only) Mm �WER -SIGNATURE DATE VERIFIED BY - SIGNATURE 1 (��(Q DATE y' FIIe Number: ,� + 10+4- –1 L U Recelpt Number: 10 1 (va�–> Page 2 of 6 Revised May 14, 2016 Doc # 8 Submittal Reguirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must Include the following: Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) ❑ Aerial Photograph — property outlined (available from Property Appraiser's office Property Deed Legal description, in MS Word format, of subject property' Property Tax Map — property outlined (electronic copy not required) Survey (24x36) ❑ 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ❑ Site Plan 24"xW!' at a scale of V=50'(12 copies- folded, not rolled) ❑ Boundary Survey (2438) — Signed and Sealed (12 originals) ❑ Topographic Survey (24x36) - Signed and Sealed (12 originals) ❑ Landscape Plan — Signed and Sealed (12 originals) ❑ Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S, Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if;(See LDC Section 11.02.09(5)) o The property is len acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC'; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain, o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification —submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 conies of the following: ❑ Main Application and back up material ❑ Approved Site Plan and copy of approved Development Order ❑ Plat - Include extra copies of Plat for applicable conditions of approval Four (4) Original Molars are due following final staff review. "Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s). Page 3 of 6 Revised May 14, 2016 Protect Information Dori # 8 �roject Name. Su1IM AWLe ('SOL. -L)&t iUCLOSNiti� ite address: 1017 (oUlLCr5 OLACCE ID Number(s): a;t114 501 -ICM- t06-9 Legal Description: (Attach additional sheets if necessary — also. must be provided in MS Word format on CD) 54 LV C .IF6ARpE7ut ay 84 AiDQj< 01S1G� F1' opN 33oFT 401:f 407* 41 1.,;6 A C ) (01 A P $`I/AVAt VProperty location — Section rownship/Range: atl- • 3& S . 4401� V Property size — acres:1. & 5 Square footage: ,V Future Land Use Designation: Zoning District: AAI Description of project: (Attach additional sheets if necessary) 0LM1wSi11)l, Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing ❑ Industrial Total Square Footage: Existing VIResidential No. of residential units: Existing No. of subdivided lots: Existing ❑ Other Please specify: Number and size of out parcels (if applicable): Page 4 of 6 Revised May 14, 2015 Proposed: Proposed: Proposed: Proposed: Doc # 8 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of E(pproval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer): Anent Information: Business Name: DAIVOCCOL.D6U1LLA Business Name: Name: Ib)7 Cowudfti PLPa Name: Address: Tjpgr & LD2^1 1 A_ By9Se+ Address: (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: 92,1•N9a-nI:ZA Phone. Fax: Fax: Email: JcdJqdiq 5)jnyu 1. Lam Email: Please note: both applicant and agent will receive ail official correspondence on this project. Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. c �f�i ��dl/.r/p `�_�aurJlE .�otpelliVILLA - -- Property owner signature Property Owner Name (Printed) Mailing Address; =S1J&AW f'[ Phone: q31 -119A >03 If more than one owner, please submit additional pages STATE OF _l L COUNTY OF Qf / Pelt The foregoing instrument was acknowledged before me this day of -A,71 .20 / ice. by DI a n nC Nde V l 110 who is personal)known oe or who has produced as identification. USignaiura of Nofenry g t hin pts �J2e� �r i!lam5'lflz�y ✓ 1 Type or Pont Moml of Notary �r %4 /q 7- Commission Number (Seal) --"11' • _ p:'''f�i AUDREYa HUMPFIREY t�,,p MY 81 174772 `•lt��?i EXPIRES: March 6, 2018 goaded Ter.7blerePelt Udem:ie,e Page 5 of 6 Revised May 14, 2015 Doc #8 Supplement 2 Variance Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details 1. 1 (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) 10fwj�Sto6 2, What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted. 'POM PATIO'DECK 3. State the specific hardship imposed on the owner by the LDC? DIJLi CAfJ SNSrRLL 'POOL w1 SCO2r'-L'til EtiJCt�S��2 W Infi ObOAMOAL 10' VPiatAIJCE A. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. (aoJs, WAS NdT 3tvtLmr oil ©IZt/�)1Ur fit - �Nos� rADVI&D 'BACK 5. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhood in which the subject property is located. -Dt)erS N DT CplVtt (��) l�►Fr72E �) L"2 A NOT kt)SE 31 ovek wd C ALAW4 ROAX049 \J %R1 Fkvcx ao t 5 Fo R Lawyz-/3`I oo� N T11 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. DSA ID SND ADO -S> 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. mVs i mgJG Odom To Moves Y�2c')I)Nn pooz. Plennin opment services JAN 8 M6 Page 1 of 3 RECEIVED Revised: February 5, 2013 Doc # 8 Supplement 2 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. Is this variance request located within a Homeowners or Property Owners Association? YES NO If yes, then letter is required. For any variance request within an area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. 10. Name of Association JUM 11. Is there a letter from that association attached? YES N • Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. SC ;ORVb'yCJU f0C-'NIS/ Per LDC Section 10.01.04(A)(7) If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Except for non-residential accessory structures in AG -1, AG -2.5 and AG -5, if the application is for 100% variance from the road frontage requirements, proof of recorded legal access shall be furnished with the application. I (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the public hearing. 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ME WRH DLAM MO WYE ANOTHER w slE lsM mG EN TO MY TO T£196MME Etld Qd= WGNBOR TO GEF A Ma OF 'MERE WD TO M ARE TO MEET THE SEIBACICi. PER LV 6/14/3018 GuDeBwm 1HEY fAY XOTGET APEWMn OLE TO BEING W THE SEIatOLA �� MERE K NO PERMrt, S1TA(E TD TME OWIAt AND91E 156NNnDG IHAT3ffF ]IIHSON TOLD Hm SHE CpAD OOTHLS.901-H]-Ot]I WN: D3FMTILL tMY 33. http://ceweb/(S(hmvugoauskwgcfOxcxrgi I iq))/CaseWriteup.aspx 3/18/2019 TO: Board of Adjustment Planning and Development Services Department Planning Division MEMORANDUM THROUGH: Mayte Santamaria, Assistant Director of Planning & Development Services Linda Pendarvis, Development Review Coordinator FROM: Kris McCrain. Associate Planner DATE: February 5, 2019 SUBJECT: Petition of Dianne Soldevilla for 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 the existing covered screen porch to encroach into the side setback; and to also allow for the existing pool enclosure to encroach into the rear setback. ITEM NO.: IV LOCATION: 7017 Gullotti Place, Port St. Lucie, FL. 34952 ZONING DISTRICT: AR -1 (Agricultural, Residential — 1 du/ac) FUTURE LAND USE: RE (Residential Estate) PURPOSE: The purpose of this variance is to allow for an existing covered screen porch to encroach into the required minimum 20 -foot side yard setback by no more than 9.12 feet, providing a total side yard setback of 10.88 feet for this structure; and to also allow for the existing pool enclosure to encroach into the required minimum 30 - foot rear yard setback by no more than 0.45 feet, providing a total rear yard setback of 29.55 feet for these structures, within the AR - 1 (Agricultural, Residential — 1 du/ac) Zoning District. EXISTING USE: Single -Family Residence UTILITIES: Sewer — Private Septic System Water — Private Well SURROUNDING ZONING: AR -1 (Agricultural, Residential — 1 du/ac) zoning surrounds the subject property in all directions. ROADWAY IMPROVEMENTS: None COUNT7DA F L O R I TO: Board of Adjustment Planning and Development Services Department Planning Division MEMORANDUM THROUGH: Mayte Santamaria, Assistant Director of Planning & Development Services Linda Pendarvis, Development Review Coordinator FROM: Kris McCrain. Associate Planner DATE: February 5, 2019 SUBJECT: Petition of Dianne Soldevilla for 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 the existing covered screen porch to encroach into the side setback; and to also allow for the existing pool enclosure to encroach into the rear setback. ITEM NO.: IV LOCATION: 7017 Gullotti Place, Port St. Lucie, FL. 34952 ZONING DISTRICT: AR -1 (Agricultural, Residential — 1 du/ac) FUTURE LAND USE: RE (Residential Estate) PURPOSE: The purpose of this variance is to allow for an existing covered screen porch to encroach into the required minimum 20 -foot side yard setback by no more than 9.12 feet, providing a total side yard setback of 10.88 feet for this structure; and to also allow for the existing pool enclosure to encroach into the required minimum 30 - foot rear yard setback by no more than 0.45 feet, providing a total rear yard setback of 29.55 feet for these structures, within the AR - 1 (Agricultural, Residential — 1 du/ac) Zoning District. EXISTING USE: Single -Family Residence UTILITIES: Sewer — Private Septic System Water — Private Well SURROUNDING ZONING: AR -1 (Agricultural, Residential — 1 du/ac) zoning surrounds the subject property in all directions. ROADWAY IMPROVEMENTS: None Board of Adjustment Soldevilla, Dianne Variance (BA -1220185425) February 5, 2019 Page 2 BACKGROUND The petitioner, Dianne Soldevilla is requesting a variance to allow for an existing covered screened porch to encroach 9.12 feet into the required minimum 20 -foot side yard setback, and to also allow for the existing pool enclosure to encroach 0.45 feet into the required minimum 30 -foot rear yard setback. The subject 1.32 -acre parcel is located at 7017 Gullotti Place (approximately '/2 mile north of Tilton Road on the west side of Gullotti Place) within the St. Lucie Gardens Subdivision (Plat Book 1, Page 35). The parcel is located in the AR -1 (Agricultural, Residential — 1 du/ac) Zoning District, with a RE (Residential Estate) Future Use Designation, and is located within the USB (Urban Service Boundary). The building permit for the single-family home was approved by the Building Division on March 5, 2010 and received form board survey approval from the Zoning Division on March 18, 2010. The form board survey was approved incorrectly by staff with a 2.06 -foot encroachment into the required minimum 20 - foot side setback. On April 22, 2015, the Board of Adjustment through BOA Resolution No. 15-005 (see attached Resolution) granted a variance to allow the existing single-family residence to encroach up to 3 feet into the required minimum 20 -foot side yard setback. On January 27, 2016, the Board of Adjustment through BOA Resolution No. 16-002 (see attached Resolution) denied a variance to permit the construction of a pool enclosure to encroach 10 feet into the required minimum 20 -foot side yard setback. NW Corner of Subject Parcel (Image clipped from the attached Boundary Survey) W AND IRC S LB 5790' 0.49'N, 0.80E y i o o N N 4$ 7.75' Obi Gya 70.82' 29.55' c9 oa, ��, ' 160 BB Z Q 2W v T!1 N u 11.9Y SITE BENCHMARK N n SET IRC "TRAVERSE" 1 ELEVATIOASSURIED cAzcceo g I Board of Adjustment Soldevilla, Dianne Variance (BA -1220185425) February 5, 2019 Page 3 The following table provides the minimum lot and dimensional requirements for structures within the AR - 1 (Agricultural, Residential — 1 du/ac) Zoning District. Minimum Lot Size and Dimensional Requirements AR -1 (Agricultural, Residential — 1 du/ac) Table 7-10 Lot Size and Dimensional Requirements Min Lot Min Lot Min Road Minimum Yard Max Lot Zoning District Size (SFS Width FrontageCoverage Front Rear Side Agricultural, AR -1 Residential — 1 43,560 150 30 50ft. 30ft. 20ft. 20% du/ac Environmental Resources Review: The Environmental Resources Department has performed a cursory environmental review and stated there are no environmental issues regarding the requested variance. 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: 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 does not arise from conditions that are unique and peculiar to the land and physical surroundings that would result in unnecessary hardship for the owner. It was the desire or actions of the property owner to construct a screen enclosure directly behind the residence for convenience. There is ample space in the rear and side yard to place the screen enclosure while complying with the minimum setback requirements. 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. The granting of the requested variance is neither expected to harm other property or improvements in the neighborhood, nor is it expected to impair an adequate supply of light or air Board of Adjustment Soldevilla, Dianne Variance (BA -1220185425) February 5, 2019 Page 4 to adjacent public streets, increase the danger of fire, or endanger the public safety. The surrounding properties are of similar size and are zoned AR -1, with existing single-family residences to the north, south and east. The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structures. On January 27, 2016, the Board of Adjustment denied a variance (BOA Resolution No. 16-002) for the construction of these structures due to an encroachment into the required minimum side setback. The requested variance is not the minimum variance necessary to make possible the reasonable use of the land, building and structures. It was the desire of the property owner to construct a covered screen porch that would encroach into the required minimum side yard setback, as well as a pool enclosure to encroach into the required minimum rear yard setback in order to provide additional patio area. There were options to configure the placement of these structures in order to comply with the required minimum rear and side yard setbacks for the AR - 1 (Agricultural, Residential — 1 du/ac). 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 desired is opposed to the general spirit and intent of the St. Lucie County Land Development Code. Section 7.04.01 of the St. Lucie County Land Development Code establishes minimum building setbacks for structures with the purpose to preserve and improve visibility and uniformity, as well as the overall appearance to the neighborhood. RECOMMENDATION: Staff has reviewed this petition and determined that it does not conform to a strict interpretation of the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. There is ample yard space in the rear and side yard to place these structures while complying with the required minimum building setback requirements. Staff is, therefore, recommending denial of the requested variance. Board of Adjustment Soldevilla, Dianne Variance (BA -1220185425) February 5, 2019 Page 5 Suggested motion to recommend approval/denial of this requested variance. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF DIANNE SOLDEVILLA, FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01 (TABLE 7-10) LOT SIZE DIMENSIONAL REQUIREMENTS, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO PERMIT AN EXISTING COVERED SCREEN PORCH TO ENCROACH INTO THE REQUIRED 20 -FOOT SIDE SETBACK BY NO MORE THAN 9.12 FEET, PROVIDING A TOTAL SIDE SETBACK OF 10.88 FEET; AND ALLOW A POOUPOOL DECK AND SCREEN ENCLOSURE TO ENCROACH INTO THE REQUIRED 30 -FOOT REAR SETBACK BY NO MORE THAN 0.45 FEET, PROVIDING A TOTAL REAR SETBACK OF 29.55 FEET FOR THESE STRUCTURES, WITHIN THE AR -1 (AGRICULTURAL, RESIDENTIAL — 1 DU/AC) ZONING DISTRICT, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF DIANNE SOLDEVILLA, FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01 (TABLE 7-10) LOT SIZE DIMENSIONAL REQUIREMENTS, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO PERMIT AN EXISTING COVERED SCREEN PORCH TO ENCROACH INTO THE REQUIRED 20 -FOOT SIDE SETBACK BY NO MORE THAN 9.12 FEET, PROVIDING A TOTAL SIDE SETBACK OF 10.88 FEET, AND ALLOW A POOUPOOL DECK AND SCREEN ENCLOSURE TO ENCROACH INTO THE REQUIRED 30 -FOOT REAR SETBACK BY NO MORE THAN 0.45 FEET, PROVIDING A TOTAL REAR SETBACK OF 29.55 FEET FOR THESE STRUCTURES, WITHIN THE AR -1 (AGRICULTURAL, RESIDENTIAL — 1 DU/AC) ZONING DISTRICT, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC). ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue.. Ft. Pierce, FL 34982 Office 772-462-2822— Fax 772-462-1581 http//www stlucieco ora/planning/planning htm DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal Please contact the Planning Division to schedule an appointment Submittal Type [check each that applies Site Plan Rezoning' ❑ Major Site Plan Rezoning (straight rezoning) [_' Minor Site Plan Rezoning (includes PUD/PNRD/PMUD) i Major Adjustment to Major Site Plan Rezoning with Plan Amendment I 1 Major Adjustment to Minor Site Plan Comprehensive Plan Amendment C Major Adjustment to PUD/PNRD/PMUD _1 Future Land Use Map Change C Minor Adjustment to Major Site Plan :_1 Comprehensive Plan Text Amendment L! Minor Adjustment to Minor Site Plan Minor Adjustment to PUD/PNRD/PMUD Planned Development 1.7 Planned Town or Village (PTV) I; Planned Country Subdivision (PCS) Planned Retail Workplace (PRW) Prelim, Planned Unit Develop (PUD) I Prelim. Planned Mixed Use Develop. (PMUD) L, Prelim. Planned Non -Res. Develop. (PNRD) Final Planned Unit Develop. (PUD) Final Planned Mixed Use Develop. (PMUD) Final Planned Non -Res. Develop. (PNRD) Conditional Use' Conditional Use I Major Adjustment to a Conditional Use F Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance Variance l Variance to Coastal Setback Line Other Administrative Relief Class A Mobile Home 6 Developer Agreement (Submit per LDC 11.08.03) Power Generation Plants Extension to Development Order Historical Design ation/Change6 Land Development Code Text Amendment ' ❑ Plat ❑ Post Development Order Change Re -Submittal # e 11 Shoreline Variance F', Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10,23) 1=1 Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements' Appeal of Decision by Administrative Officialt0 Ll Eminent Domain Waiver" ARplication Supplement Packages 1 Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2. Variance 7. LDC Text Amendment Administrative Official 3. Rezoning / Zoning Atlas Amend. 8 Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan 5 Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of G Revised May 6, 2013 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: 'ei'llvee" Supplemental Application Package No_ (Please provide separate fee calculation worksheet for each application type) BASE REVIEW FEE: $ _Q (A) CONCURRENCY FEE: $ (B) ❑C ERD REVIEW FEE: $ (C) f UTILITIES i: PER ACREAGE CHARGE. RESUBMITTAL FEE (if applicable) OTHER SUBTOTAL OF BASIC FEES i PRE -APPLICATION MEETING FEE: (F) Receipt No of Payment: Date of Pre App - BALANCE OF FEES DUE: $ (D) $ — ---- (E) $( ) deduction od-- SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047, amending Chapter 5.11.01 of the St. Lucie County Land Development Code J $950.00— Methodology Meeting (H)(If Applicable) • Additional fees will be due if a 3f° party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3r6 party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies, i.e. Fire District and proof of payment will be required prior to project approval. Pre -Application Meetinga uest Applicant Name (Printed) Signature of applicant Page 2 of 6 Revised May 14, 2015 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: lin- Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) Aerial Photograph - property outlined (available from Property Appraiser's office Property Deed Legal description, in MS Word format, of subject property 11-1 Property Tax Map - property outlined (electronic copy not required) Survey (2436) 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) C Concurrency Deferral Affidavit. or I J Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02) This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: Site Plan 24"x36" at a scale of 1"=50' (12 copies- folded, riot rolled) Boundary Survey (2436) - Signed and Sealed (12 originals) Topographic Survey (24x36) - Signed and Sealed (12 originals) Landscape Plan - Signed and Sealed (12 originals) F Traffic Impact Report (TIR) (4 copies) if. o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11 02.09(4)) 1 Environmental Impact Report (4 copies) if (See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC", o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain, o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: Letter of justification - submitted at least 2 weeks prior to expiration. (LDC 11.02,06) L Updated Traffic Analysis if applicable (4 copies) Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 copies of the following: 11 Main Application and back up material (_1 Approved Site Plan and copy of approved Development Order `_1 Plat - Include extra copies of Plat for applicable conditions of approval Four (4) Original Molars are due following final staff review. "Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation If it is incorrect, it may invalidate the results of any hearing(s). Page 3 of 6 Revised May 14, 2015 l [ Project Information Project Name: I) I)A,iV!_ �/&1),-V/ZL/% Site address: 7017 Parcel ID Number(s) 3414- Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) 3414- - 5e',/- /00 -/N) y S /2" L,�Z,,9/- _ &-S i X211—Im"V Property location — Section/Township/Range: IyI2 Property size — acres: 1 Cn s Square footage: 6% Future Land Use Designation: Zoning District/2,/�/ 24CJi,-A,(1 L, Description of project: (Attach additional sheets if necessary) Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing ❑ Industrial Total Square Footage: Existing Residential No. of residential units Existing �L No of subdivided lots: Existing ❑ Other Please specify Number and size of out parcels (if applicable): Page 4 of 6 Revised May 14, 2015 Proposed: Proposed: Proposed. Proposed: SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer): Business Name. Name;/�i/Ie.Nc=tiu [ [�cya 1J _ IAddress 'ZW� ,/1, /0 �i) % J;-Ai(c /[ (Please use an address that can accept overnight packages) Phone Fax. Email: Please note: both a Agent Information: pp Business Name: Name: --_--_ Address: (Please use an address that can accept overnight packages) Phone. Fax Email. and agent will receive all official correspondence on this Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above app 1 ant or agent to act on/behalf jof said property owner. lra ert Owrer S' / P Y gnatvre Prcperty Owner Name (Pnntea) Mailing Address. Phone:I If more than one owner, please submit additional pages STATE OF.. �l COUNTYOF ��� yt�h The foregoing instrument was a`cknowledged before me this / day of _��, 20 1 r7� n by t V ion yy L -'YAyl ho who is personally known to me or who has produced If -[ 11-- t J .`Xi JtV'l� as identification Segrmtll of Notary _ Type or Net Name of Notary Commission Number (Seal) LYDIAB. GALBRAITH • MY COMMISSION k GG 155826 '.•' EXPIRES: January 22.2022 Page 5 of 5 Bonded Tien Notary PublicUnJe"m Revised May 14, 2015 Variance Application Supplement 2 Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details 1. 1 (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested LDC Section 7.04.01 (Building Setback Requirements) Petition of Dianne Soldevilla for a variance to encroach a maximum of 9.12 feet respectively, into the required minimum 20 foot side set back in the AR -1 (Agricultural, Residential -1) Zoning District The address of the property is 7017 Gullotti Place (approximately 'h mile north of Tilton Road on the west side of Gullotti Place) 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: The variance request arises from the 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 of the owner 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. 3. State the specific hardship imposed on the owner by the LDC? The original variance given Apr 22, 2015 arises from the conditions that are unique and peculiar to the structure involved and so pose a hardship on the owner, Dianne Soldevilla. The property was purchased in 2008 and applied for a building permit to construct a single family residence on January 2, 2010 The building permit for the single family home was approved by the Building Division Staff on March 5, 2010 and received from board survey approval from the Zoning Division on March 18, 2010. The 1 form board survey was approved incorrectly by staff with a 2.06 foot encroachment into the minimum 20 foot setback. This condition was not created by the action or actions of the property owner. 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. As stated in 3. above the continuing hardship is that the home had a planned pool and screen enclosure that was delayed by the owner due to finances. When the first variance was given to correct errors in the original building placement no accounting was taken for the future pool and enclosure as planned later that year. The variance of April 22, 2015 was only given for the amount of encroachment that the house itself was encroaching upon. The future pool and screen enclosure was not a consideration at that time by the planners who corrected their error with this variance and paid for only the cost of their mistakes, leaving myself the home owner with the only space allowable to build the pool beside the house. The pool was permitted and completed within the setbacks allowed. This left the rear of the home with only a cement patio attached to the back of the home which attaches to the pool enclosure beside the home. In order to complete the patio with a screening enclosure which would attach the patio to the pool enclosure there is a 9.12 foot variance needed. 5. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhood in which the subject property is located. 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, nor create a danger of fire nor endanger the public, nor subsequently diminish or impair property values within the neighborhood. 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. 2 The surrounding properties are of similar size and are zoned AR -1 with existing single family residences to the north, south and east. The granting of the requested variance is neither expected to harm other property or improvements in the neighborhood, nor is it expected to impair an adequate supply of light or air to the adjacent public or private streets nor increase the danger of fire, or endanger the public safety. 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. Due to the angular placement of the home on the lot, this variance is not the length of the property but only is the minimum amount of land needed to complete this project. This variance will allow the pool with it's enclosure already built to the side of the home to be connected and ease of use and safety of both. Less than 3% enclosure of the variance encroaches into the setback. 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. The variance desired will not be opposed to the general spirit and intent of this Code or the St Lucie County Comprehensive Plan. Section 7.04.01 of the St Lucie Land Development Code establishes minimum building setbacks for the structures with the purpose to preserve, improve visibility and uniformity, and the appearance to the neighborhood. Although the deviation to the side yard setback is in conflict with the Land Development Code, the single-family residence complies with all other applicable minimum district requirements including the minimum rear and front yard setbacks, building height, and building lot coverage requirements. The granting of the variance will allow the single-family structure to be deemed legal, non -conforming as per County Land Development Code requirements as noted in the LDC Section 10.00.03 Non- conforming structure. 3 9. Is this variance request located within a Homeowners or Property Owners Association? YES NO If yes, then letter is required. NO For any variance request within an area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. 10. Name of Association N/A 11. Is there a letter from that association attached? NO Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. Per LDC Section 10.01.04(A)(7) If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Except for non-residential accessory structures in AG -1, AG -2.5 and AG - 5, if the application is for 100% variance from the road frontage requirements, proof of recorded legal access shall be furnished with the application. I (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the public hearing. Applicant or Agent Name (printed) Signature Dianne Soldevilla Property owner M JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE M 3527156 OR BOOK 3240 PAGE 644, Recorded 10/26/2010 at 09:50 AM Doc Tax: $0.70 PREPARED BY AND RETURN TO: Robert D. Schwartz, Esq. 2240 Woolbright Road, Suite 411 Boynton Beach, Florida 33426 Telephone (561) 736-3440 Property Identification No. WARRANTY DEED THIS WARRANTY DEED, executed this gtO_ day of r�2!t 2010, by DIANNE SOLDEV ILLA, a single woman, Grantor, to DIANNE SOLDEV B.LA, as Trustee of the STORMY DAY'S Revocable Trust under Agreement dated Ir7Jr iy_ O1 2010 with full power and authority to protect, conserve and to sell, or to lease or to encumber, or otherwise to manage and dispose of the real property described herein, and whose post office address is 7017 Gullotti Place, Pori St. Lucie, Florida 34952, Grantee, WITNESSETH, That the Grantor for and inconsideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and othervaluable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate, .lying and being in the County of St. Lucie, State of Florida, to -wit: The North 165 feet of the South 1155 feet of Lot 6, Block 2, Section 24, Township 36 South, Range 40 East, Plat No. 1 of St. Lucie Gardens, according to the Plat thereof, fecorded in Plat Book 1, page 35, Public Records of St. Lucie County, Florida. NOTE TO PROPERTY APPRAISER: The Grantor confirms that under the terms of the Trust referred to above, the Grantor has not less than a beneficial interest for life and is entitled to a homestead exemption pursuant to the provisions of Florida Statute 196.041(2).. SUBJECT T0: Taxes and assessments for the current year and all subsequent years. SUBJECT TO: Conditions, restrictions, limitations, easements and utility agreements of record, if any. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing in the current year. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, Seat and Delivered in the presence -of: - - (fir wltnes signature) DIANNE SOLDEVH,LA (f I4C t witness prin name) (a� 5cmdmddT_/wii1tthcks signature) (BCGOIId w�lme9aprint Slate of TI✓ County .7-4".'.V--�_`'.e� I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared DIANNE SOLDEVILLA, who is personally known to me or who has produced a drivers license as identification and who did not take an oath. WITNESS my hand and official seal in the County and Stets lastaforesaid,this dayof,E9 2010. My commies' A .PARR NOTARY PUBLIC g ?�� 9 OFE A COUNTY F L 0 R 1 0 A^' I l t RI_ C; Jk' TO: Kris McCrain, Planning & Development Services Department THROUGH: Amy E. Griffin, Environmental Resources Director Ben Balcer, Environmental Resources Manager FROM: Aimee Cooper, Environmental Planner DATE: December 17, 2018 SUBJECT: Soldevilla, Dianne Variance BA -1120185425 Background The Environmental Resources Department (ERD) is in receipt of the December 11, 2018 date-stamped submittal from Planning and Development Services. The applicant is requesting approval of a variance to encroach a maximum of 9.12 ft. into the side setback to the north in order to extend the covered screen porch. The 1.25 -ac residential lot is located at 7017 Gullotti PI. within Saint Lucie Gardens in Port St. Lucie. Findings The proposed variance is not anticipated to result in any adverse environmental impacts. Should any site development activities be proposed in the future, ERD staff will conduct further review through the site plan or building permit review process. Recommendation ERD recommends approval of the proposed variance. St. Lucie County Land Development Code Section 3.01.03 Zoning Districts E. AR -1 AGRICULTURAL, RESIDENTIAL -1 1. Purpose. The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Family day care homes. (999) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) c. Single-family detached dwellings. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. 5. Off -Street Parking Requirements. Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Conditional Uses: a. Crop services. (072) b. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) c. Industrial wastewater disposal. (999) d. Kennels - completely enclosed. (0752) e. Landscaping and horticultural services. (078) f. Retail: (1) Fruits and vegetables. (543) g. Riding stables. (7999) h. Veterinary services. (074) i. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 7. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Agriculture (farms and ranches accessory to single-family detached dwelling). (01/02) b. Animals, subject to the requirements of Section 7,10.03. (999) c. Guest house subject to the requirements of Section 7.10.04. (999) J. Mobile home subject to the requirements of Section 7.10.05. (999) e. Retail and wholesale trade - subordinate to the primary authorized use or activity. f. Solar energy systems, subject to the requirements of Section 7.10.28. St. Lucie County Land Development Code Section 7.04.00 Area, Yard, Height, and Open Space Requirements 7.04.01 — Requirements. A. Density, Height and Lot Coverage -General. Except as modified by the provisions for conditional uses or variances, no structure shall be constructed, built, moved, remodeled, reconstructed, occupied, or used on a lot that is greater than the maximum density, the maximum height, or the maximum lot coverage requirement shown in Table 7-10 for the Zoning District in which it is located. B. Area, Width and Yard Requirements - General. Except as modified by the provisions for conditional uses or variances, no structure shall be constructed, built, moved, remodeled, reconstructed, occupied, or used on a lot that is less than the minimum lot area, minimum lot width, and minimum yard requirement as shown in Table 7-10 for the zoning district in which it is located, except that unsupported roof overhangs may encroach up to thirty (30) inches within any required yard setback area. This provision does not supersede the restrictions of>cc( (Q)(1)(a) of this Code. C. Minimum Building/Structure Elevation. 1. The minimum first floor elevation of all residential buildings shall be as follows: a. For properties lying within a designated Special Flood Hazard Area where the base flood elevation has been determined, as further defined under Chapter 11 of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above the crown of the adjacent roadway or shall comply with the minimum flood elevation for the property as established on the Flood Hazard Boundary Map for St. Lucie County, whichever is greater. b. For properties lying within a designated Special Flood Hazard Area for which the base flood elevation has not been determined, all buildings shall be elevated as follows: 1. A minimum of thirty-six (36) inches above the adjacent average natural grade, or eighteen (18) inches above the crown of any adjacent roadway, whichever is greater; or 2. As determined by a sub -basin drainage study for the proposed development meeting the requirements of a stormwater permit as set forth in Chapter VII. c. For properties lying outside of a Special Flood Hazard Area, as further defined under Chapter II of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above any adjacent roadway. 2. Habitable/non-residential buildings shall comply with the following standards: a. For properties lying within a designated Special Flood Hazard Area where the base flood elevation has been determined, as further defined under Chapter 11 of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above the crown of the adjacent roadway or shall comply with the minimum flood elevation for the property as established on the Flood Hazard Boundary Map for St. Lucie County, whichever is greater. b. For properties lying within a designated Special Flood Hazard Area for which the base flood elevation has not been determined, all buildings shall be elevated as follows: 1. A minimum of thirty-six (36) inches above the adjacent average natural grade, or eighteen (18) inches above the crown of any adjacent roadway, whichever is greater; or 2. As determined by a sub -basin drainage study for the proposed development meeting the requirements of a stormwater permit as set forth in Chapter VII. c. For properties lying outside of a Special Flood Hazard Area, as further defined under Chapter 11 of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above any adjacent roadway. 3. When topographical conditions are such that compliance with this subsection would be impracticable or cause grade level conditions detrimental to adjacent or nearby property, the Growth Management Director shall grant relief from the provisions of this subsection, consistent with Flood Protection regulations. 4. For non-habitable/non-residential structures, when topographical conditions are such that compliance with this subsection would be impracticable or cause grade level conditions detrimental to adjacent or nearby property, the Growth Management Director may grant relief from the provisions of this Code, consistent with the intent of the Flood Protection regulations and any other applicable portion of this Code. D. Filled Land. 1. Any filled land created in the unincorporated area of St. Lucie County shall be filled so that the settled elevation of such land shall be at least five (5) feet above mean sea level (MSL), as measured by U.S.C. and G.S. Datum. 2. No trees, vegetation, organic materials, or garbage shall be used as fill material in the unincorporated area of St. Lucie County for the purpose of raising the existing grade of any land on which construction is intended. The disposal of all trees, vegetation, organic material, and garbage shall be in accordance with applicable St. Lucie County Regulations. 3. Where fill is used, the owners of the property on which the fill is being located, shall be responsible for assuring adequate drainage so that the immediate community will not be adversely effected. E. Non -Residential Buildings on Farms. Any person erecting a nonresidential farm building on a farm shall be required to obtain a Certificate of Zoning Compliance prior to construction showing that the structure meets the setback requirements shown in Table 7-10 for the zoning district in which it is located. o d y r] L T C o 0 0 0 0 0 0 0 iC j� 9 N O O O O O O O M U a1 K .. R L vi v1 v1 vt vi vi in v� C.I ti.l M M M M M M M M d V N N N N N N 9 E L bDCA c o c c y Vl h h h Vl i '-i Vl Vl h W LL N N N N N N a a E d W c o 0 0 o 0 0 0 0 0 z w s � F � — — — w 06 N N � Liz F Lz7 F N M � y F F F F F o za za za zx c o o c c ce z z a o o? z z z z x E m _ L � x St. Lucie County Land Development Code Section 10.01.00 Variances 10.01.00. - VARIANCES 10.01.01. - General. A. Authority. Unless otherwise provided for in this Code, the Board of Adjustment shall have authority to grant variances from the dimensional requirements of this Code, in accordance with the standards and procedures set forth in this section. B. Purpose. The purpose of a variance is to provide a mechanism when, owing to special conditions, the literal enforcement of the provisions of this Code would impose upon a landowner unnecessary hardship that can be mitigated without conferring on the applicant any special privilege. C. Initiation. A written petition for a variance is to be initiated by the owner of, or any person having contractual interest in, the property for which relief is sought. 10.01.02. - Standards for Granting Variances. The Board of Adjustment shall not grant a variance unless it shall, in each case, make specific findings of fact based directly upon the particular evidence presented supporting written conclusions that: A. The variance requested arises from a condition that is 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 this Code are literally enforced; that it is a condition that is not ordinarily found in the same zoning district, and the condition is created by the regulations of this Code, and not by an action or actions of the property owner or the applicant; B. 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; C. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structures; and D. The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. 10.01.03. - Limitations on Granting Variances. A. Variances shall not be granted that would: 1. Permit a building or structure to have a height in excess of one hundred twenty percent (I20%) of that permitted by Table I in -fir-,o ;; or permit a lot width or road frontage less than eighty percent (80%) of that permitted by said Table, except: a. In the case of nonconforming lots of record, provided, however, that a variance to construct a permitted or authorized accessory structure on such a lot shall be governed by the provisions of _ , ;:; and b. In the AG -1, AG -2.5 and AG -5 Agricultural Districts, road frontage of less than sixty (60) feet may be permitted on parcels of ten (10) acres or more in total area. 2. Permit the use of land or a structure contrary to the use provisions of - : , u; 3. Permit a variance from the provisions of j that would authorize any building to have a height in excess of one hundred twenty percent (120%) of the maximum permitted by the particular zone in which it is located or to be in excess of one hundred twenty-five (125) feet, whichever is less. B. A variance to construct an accessory agricultural structure on agricultural property lacking sufficient frontage shall be governed by the provisions of C. A variance from the requirements Stormwater Management, shall be governed by the provisions of Section 10.01.08. D. A variance from the requirements of Driveways, shall be governed by the provisions of Section 10.01.09. E. A variance from the requirements of r Flood Damage Prevention, shall be governed by the provisions of Section 10.01.10. F. No variance from the dimensional requirements of _ other than variances granted for or in conjunction with a Final Development Order as described under `. «_, shall be valid for a period longer than twelve (12) months unless a building permit is issued. A variance issued for, or in, conjunction with a Final Development Order as described under �,, , ! � , )('shall expire upon the termination of that Final Development Order unless the Final Development Order is extended or otherwise determined to be compliant with the provisions of this Code. 10.01.04. - Procedures for Application. A. Application. An application for a variance shall be filed with the Growth Management Director, accompanied by a non-refundable fee, as established from time to time by the Board of County Commissioners to defray the actual cost of processing the application. The application shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by the Director and shall contain at least the following: 1. Name and address of applicant; 2. Legal description, street address, and lot number and subdivision name, if any, of the property which is the subject of the application; 3. The size of the subject property; 4. The variance sought and the Section of this Code from which a variance is requested. Except for non-residential accessory structures in AG -I, AG -2.5 and AG -5, if the application is for one hundred percent (100%) variance from road frontage requirements, proof of recorded legal access shall be furnished with the application; 5. The purpose for the requested variance and a statement of the intended development of property if the variance is granted; 6. A statement of the hardship imposed on the applicant by this Code; a statement setting forth reasons why this hardship is unique to the applicant, and why the same hardship is not imposed on other property in the neighborhood that is similarly situated; a statement of why the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located; a statement of why the variance will not increase traffic, the danger of fire, or impair property values in the neighborhood; a statement of why the proposed variance is the minimum variance that will make possible a reasonable use of the land, building, and structures; and a statement explaining how the proposed variance is consistent with the general spirit and intent of this Code and the St. Lucie County Comprehensive Plan; 7. If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in ._ g_ �:,), the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. B. Filing an Application for Approval of a Variance. Within twenty (20) days after an application for approval of a variance is submitted, the Growth Management Director shall determine whether the application is complete. If the Director determines that the application is not complete, he shall send a written statement specifying the application's deficiencies to the applicant by mail. The Director shall take no further action on the application unless the deficiencies are remedied. C. Review of the Application. 1. Review by the Growth Management Director. When the Growth Management Director determines an application for approval of a variance is complete, he shall review the application, make a recommendation, and submit it to the Board of Adjustment. 2. Review by the Airport Director and the FDOT a. If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in k,1 fc , the Growth Management Director shall determine whether the application for approval of a variance is complete. Once the application is complete, the Director shall furnish a copy of the application to the St. Lucie County Airport Director and to the Florida Department of Transportation Aviation Office, 605 Suwanee Street, MS -46, Tallahassee, Florida, within ten (10) days of the determination of completeness for advice as to the aeronautical effects of the variance. b. Upon receipt of the comments of the Airport Director and the FDOT, the Growth Management Director shall review the application, make a recommendation, and submit it to the Board of Adjustment. If the Airport Director does not respond to the application within fifteen (15) days and the Department of Transportation does not respond within forty-five (45) days after receipt, the Director shall review the application, make a recommendation, and submit it to the Board of Adjustment. 10.01.05. - Action of Board of Adjustment. A. Upon notification that an application for a variance is complete, the Board of Adjustment shall place the application on the agenda of a regularly scheduled meeting for a public hearing in accordance with 7"< iS. In reviewing the application for variance approval, the Board of Adjustment shall use the standards in t : , . The Board may require the applicant to meet certain conditions before approval of the variance. B. Within a reasonable time of the hearing, the Board of Adjustment shall issue its decision approving, approving with conditions, or denying through resolution the requested variance. C. The Board of Adjustment may place reasonable conditions, limitations, and requirements upon the granting of any variance as may be necessary to ensure compliance with the intent of this Code. Such conditions, limitations, or requirements may be placed on the granting of any variance to prevent or minimize adverse effects upon other property in the neighborhood which might otherwise result from the reductions in standards being requested, including but not limited to conditions, limitations, or requirements on the size, intensity of use, bulk, and location of any structure; landscaping; lighting; the provision of adequate ingress and egress, and the duration of the variance. Such conditions, limitations, or requirements shall be set forth expressly in the resolution granting the variance. D. Any variance from the provisions of i o,, J',, Airport Overlay Zone, will be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as required by F.S. § 333.07(3, in accordance with the standards published in Chapter 14-60, FAC, Rules of the Department of Transportation. If deemed proper by the Board of Adjustment, this condition may be modified to require the owner to permit St. Lucie County at its own expense, to install, operate, and maintain the necessary markings and lights. E. The decision of the Board of Adjustment shall be mailed to the petitioner and filed with the Office of the Growth Management Director in accordance with h._ iii 1, t(F). 10.01.06. - Extensions of Variance Approvals. The time limitations imposed on any Variance by :c i- 1Ji,t(F) may be extended by the Board of Adjustment not more than one (1) time, and for not more than twelve (12) months, upon application by the applicant and after a public hearing held in accordance with 1, ., . 10.01.07. - Appeals from the Board of Adjustment. Any person aggrieved by a decision of the Board of Adjustment may, within thirty (30) days after the rendition of such decision, appeal to the courts of the State of Florida for relief in accordance with general 1 aw. O � N N T N J C N a `m a v a a m ♦W V .`� L _ / i ^, .AV W^ 00 W� r la Illollno _ O � 1 U N ._ N Q Q N r Q W � � Q � C C lljl7SVNVHS N ¢ = 0 o a i W U J j Cy U i cn � J c R m N N l� 3 �+ C LN W Q N A, ,W\ v M L � a. a � U cm d to C 00 r ld 1110'11(19 Q ._ N Q N W U � m a ^ 9 a G C a m m c m 4 h jp W fn ' Lil m co n c c cu CO UN� c O 1U107 VNVHS o a w <n N U (t af W cn � U O `m Z W v J 1 7 C � a � � J ST. LUCIE COUNTY BOARD OF the dimensional requirements ADJUSTMENT of the St. Lucie County Land PUBLIC HEARING AGENDA Development Code, in accor- Wednesday, February 17,2019 dance with the Provisions of Section 10.01.00, of the St. NOTICE OF PROPOSED Lucie County Land Develop - VARIANCE REQUEST ment Code. request: suc nee PURPOSE: A petition of Dianne rec Soldevilla for a variance from ma, the LOCATION: 7017 Gullotti Place, Port St. Lucie, FL. 34952 PARCEL I.D.: 341450110061008 FILE NUMBER: BA -1220185425 The PUBLIC HEARING i item will be held before Lucie Countv Board of All interested persons will begiven an opportunity to be heard. Written comments ments Ave - any questions or The St. Lucie County Board of Adjustment has the power to authorize variances from to rroceedings of the Board Jlustment are electroni- recorded. PURSUANT TO ION 286.01163 FLORIDA UTES, a person ipeaf any decision made ie Board of Adjustment respect to any matter tiered at a meeting or ng, he or she will need a it of the proceedings. For ppurpose, he or she may to ensure that a verbatim d of the proceedings is which record includes testimony and evidence which the appeal is to ised. Upon the request of )artyto the proceeding, iduas testifying during a ng will be sworn in. Any to the proceeding will anted an opportunity to c -examine any individu- stifying during a hearing request. If gt becomes ssary, a public hearing be continued from time to to a date -certain. ne with a disability or T.D.D. (772; questions abo may be referr County Planni (772)462-2822. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA /S/ RON HARRIS, CHAIRMAN PUBLISH DATE: February 13, 2019TCN 2224992 Plannfrn3 d Development Services FEB 13 2019 RECEIVED Board of Adjustment John Doe 123 Anywhere St. Anywhere, USA 12345 Public Hearing Date: Wednesday, February 27, 2019 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL. 34982 Meeting Time: 9:30 AM (or soon thereafter) ApplicantlProperty Owner Dianne Soldevilla 7017 Gullotti Place Port SL Lucie, FL. 34952 Proiect Location 7017 Gullotti Place Port St. Lucie, FL. 34952 Future Land Use RE (Residential Estate) Existing Zonino AR -1 (Agricultural, Residential - 1 du/ ac) Staff's Recommendation Denial ....,_: ,.. seeieI Parcel i - Date Mailed 02/13/2019 Public Hearing Notice Notice of Proposed Variance Request File Number: BA -1220185425 This notice is provided because you are an owner of property within 500 feet of the proposed petition. Proiect Description The petitioner has requested a 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. If approved the variance will allow for an existing covered screen porch to encroach into the re- quired minimum 20 -foot side yard set- back by no more than 9.12 feet, provid- ing a total side yard setback of 10.88 feel; and to also allow for the existing pool enclosure to encroach into the re- quired minimum 30 -foot rear yard set- back by no more than 0.45 feet, provid- ing a total rear yard setback of 29.55 feet for these structures within the AR -1 (Agricultural, Residential - 1 du/ac) Zon- ing District. The subject 1.32 acre parcel is located at 7017 Gullotti Place, Port St. Lucie, FL. 34952. The St. Lucie County Board of Adjust- ment (BOA) has the power to authorize variances from the dimensional require- ments in accordance with the provisions of Section 10.01.00, of the St. Lucie County Land Development Code. County policy strongly encourages pub- lic input and comment at the public hear- ing. You may also mail or email written comments regarding this proceeding in advance of the public hearing for inclu- sion in the official record. Written com- ments to the BOA should be received by the Planning and Development Services Department—Planning Division at least 3 days prior to the scheduled hearing. Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772.462.1546 or TDD 772.462.1428 Further details are available in the Planning and Development Services Department—Planning Division please contact: Staff Kristopher M. McCrain Tel (772) 462-1265 Email McCrainK@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, FL 34982 PLANNING AND DEVELOPMENT SERVICES DEPARTMENT Planning Division VARIANCE RESPONSE FORM Please Return This Form To: St. Lucie County Planning & Dev. Serv. Dept. -Planning Div. ATTN: Kristopher McCrain, Project Manager 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email: MCCrainKQstlycieco.ong or Fax (772) 462-1581 Project PROPOSED REQUESTED VARIANCE: Petition of Dianne Soldevilla Description: for a 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. If approved, this variance will allow for an existing covered screen porch to encroach into the required minimum 20 -foot side yard setback by no more than 9.12 feet, providing a total side yard setback of 10.88 feet; and to also allow the existing pool screen enclosure to encroach into the required minimum 30 -foot rear yard setback by no more than 0.45 feet, providing a total rear yard setback of 29.55 feet for these structures within the AR -1 (Agricultural, Residential - 1 du/ac) Zoning District. Project Location: 7017 Gullotti Place, Port St. Lucie, FL. 34952 Current Zoning: AR -1 (Agricultural, File No.: BA - 1220185425 Residential — 1 du/ac If you wish to comment, please check only one of the three following statements and return no later than Tuesday, February 26, 2019. Forms returned without a name and address will not be considered. All returned forms are a matter of public record and are available for viewing upon request. Please attach additional pages with comments, if necessary. I AM IN FAVOR OF THE REQUESTED VARIANCE I AM NOT IN FAVOR OF THE REQUESTED VARIANCE I HAVE NO OPINION ABOUT THE REQUESTED VARIANCE I certify that as of the date written below, I am a property owner within 500 feet of the requested Variance. Name (Please Print): Address: Date: Signature: Please call, Kristopher McCrain, Project Manager at (772) 462-1265 if you have any questions. ){:)am | ! \\/)> \\ ) \\))! | _ \]o)\/)\)//))\2\ k\j\\j\\\jjjjj\\) k)\\\\)))))\Enm'l � k((\\((\()()()))\ STATE OF FLORIDA COUNTY OF ST. LUCIE t'lb11 wq & Developrnem COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS • SIGN AFFIDAVIT Services FEB 13 2019 RECEIVED being first duly sworn deposes and states: 1. 1 am the owner or the agent for the project known as Soldevilia, Dianne Variance for the following petition: File No. BA - 1220185425 2. 1 hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E of the St. Lucie County Land Development Code for the Board of Adjustment public hearing to be conducted by Wednesday, February 27, 2019 on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by the St Lucie County Planning and Development Services - Planning Division on Wednesday, February 13, 2019. The following required documentation is attached: A. Dated Photo submitted electronically (Close up) V, / B. Dated Photo submitted electronically (Distant) _ Further affiant sayeth not. Signature of Affiant STATE OF FLORIDA COUNTY OF fes/ � The foregoing instrument was acknowledged before me this 11 day of !�E kVAA , 20 1j, by C, n nQ Ohl ()�_ L} l Lel . Said person VSpersonally known to me,vfproduced a driver's license issued by a state of the United States within the last five (5) years as identification, or _ produced other identification, to wit � Notary 1 c, State of Typed or Printed Name of Notary Commission No.: (Sb a3 F LQ3CA ,�,z11my Kelly Molloy NOTARY PUBLIC EiSTATE OF FLORIDA W Comm* GG238684 le Expires 9/18/2022 My Commission expires: 5# I31Jb1C1 ST. LUCIE Soldevilla, Diane Variance (Pictures of Posted Sign) 1'T'3 23A24 Y WRTYEST CUBBI EEe,w 2. o W.,.¢ w uenwm o"�'sW 5YE60LS: PERMIT /: SLC 1001-0222 GATE O FIELD SURVEY: DATE OF SURVEY: UPDATE SURVEY I(;I UBLEIxiEBO% YI St.ISIT' - a*w a.slx g n�c.xlc eoz j1 PULEL 9J% SN IIFTI Bx R� K.� -I(I wv IE LIFE �E FLD CUM / AJp FH. 35 PG. 41 JOB °� CJM GATE _ SENINHUBE'..O ®WxTFx WEL ®WH T11 LEi EX 8 FVIKx POLE DATE REVISIONS: BF. • pNlx 11. FENCE W — GMEP • va;rrleek nam WITH FaGTI GI ABBREV IATIOSo Ix WUlTlom N) DE • oe Pam . mIiIESoHnES Brox PH-awLln pi. It. rlw Px • war,E ¢ ¢r =¢rz =Pxlx lw L rEr¢ ¢ Walla¢ F V1EI:, - IIOII R FAYIRWNIY .1C.1CIs Is Wm® OCIILE IdN PIR inP -FIR BRINI M "L .FWD •nWIq RYFA [Llai I1. PIR ULB 1"IM� Own ,x Prs,ic w - w Lt 1 .1.LE aWE wn (v) -IEaacu wl -�HIa W,RA LINE AT_ A BT: I[Wm PAT BE ELtr P, MW - SRT, OIeEA 0. = P1JfRlT LIR YB -WHIR W Sclalw Px PY -WORM W PnBmEw • RNY.IEw RFaENF IMLEER to elw��y M9 PB -RIKPET➢m9ER PIF . FYD Pal MW (Sl. STOP 2P•S,W TRE BB RxxP_ sH . vxl,ur E S-SO111E21RLL T¢EPIX WX¢E sRR,w -noel wlw-E TLP -T'A`ri:1". M1 PH IEamE i MIL P -VL ME w ibMi9lic ]6 SW mE PPE 24 M1QCxO� 5, R LOCATION MAP NOT TO SCALE LEGAL DESCRIPTION: THE NORTH -165 FEET BE THE SOUTH1155 FEET OF LOT 6, BLOCK 2, SECTION 24, TOM6HIP 36 SOUTH, RANGE M 40 EAST. T W.1 OF Si. -XI E GARDENS, ACCORDING TO THE ANP OR PUT THEREOF AS RECORDED IN PUT BOOK 1. PAGE W. BE TIE PHEI E IC RECORDS OF ST. LUCIE COUNTY, FLORIDA. CONTAINING: 57,723 SQUARE FEET OR 1.325 ACRES NOW OR LESS SURVEY REPORT: 1. THIS IS A BOUNDARY SURVEY AS DEFINED IN CHAPTER SJ-1J.OSD(11 ), FLORIDA ADMINISTRATIVE CODE. v 2. SURVEY BASED ON PUT NO. I BE ST. LUCIE GARDENS AS RECORDED IN PUT BODE I. PAGE 35, OF THE PUBLIUC RECORDS OF ST. LUCIE COUNTY, FLORIDA. 3. IT IS THE INTENT OF THE LEGAL DESCRIPTION TO DIVIDE LOT 6 IMO 8 EQUAL PARTS. DUE TO THE ST. LUCIE COUNTY SECTIONAL MOMIAEMED BREAKDOWN, THESE PARCELS ARE SHIFTED WE TO THE IRREGULAR SHAPE OF SECTION 24, TOWNSHIP 35 SOUTH, RAND 40 EAST, ST. LIICIE COTRY, FLORIDA. 4. LEGAL DESCRIPTION WAS FURNISHED BY CLIENT. 5. BEARING BASIS: SOO'14'46•E ALONG THE UST PROPERTY LINE. 6. THIS SITE LIES WITHIN FLOOD ZONE •X', ACCORDING TO THE FLOOD INSURANCE DATE MNP, CO.MJNIiY PANEL HO. 12111CO283 F, EFFECTIVE DATE FEBRUARY 16. 2012. J. FLOOD ZONE SHOWN HEREOv IS AN INTERPRETATION BY THE SURVEYOR AND IS PROVIDED AS A COURTESY. THE FLOOD ZONE SHOULD RE VERIFIED BY A DETERMINATION AGENCY. 6. THERE MAY BE ADDITIONAL EASEMENTS AND/OR RESTRICTIONS NOT SHOWN ON THIS SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN PERFORMED BY ALEXANDER J. PIAZZA PSM, INC. 9. THE EXPECTED USE OF THE SUBJECT PROPERTY IS FOR THE COSTRUCTION OF A SINGLE FAMILY DETACHED RES I BENCE: AND FALLS WITHIN THE SUBURBAN; CATEGORY A CLASSIFIED IN CHAPTER 5J-17.051(2) FLORIDA ADMINISTRATIVE CODE. ALL FIELOJ.EASURED CONTROL MEASUREMENTS EXCEEDED 1:7,500, FEET ACCURACY REWIREMEMS FOR THIS CLASSIFICATION. 10. ADDITIONS OR DELETIONS TO THE SURVEY NAP OR REPORT BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY ON PARTIES, 11. ELEVATIONS SHORN ARE BASED ON ASSUMED DATUM AND ARE REFERENCED i0 THE SITE BENCHMARK. BENCBARKS SET OR FOND FOR THIS SUNEY ARE NOTED ON THE SKETCH. 12. THIS SURVEY IS PREPARED ONLY FOR THE PARTIES LISTED BELOW AHD IS NOT ASSIGNABLE. PREPARED FOR: DIANE SOLDEVILLA 13. QCOILRIGHT 2018 BY ALEXANDER J. PIAllA PSM. INC. THE SKETCH OF SUINEY AND SURVEY REPORT COMPRISE THE COMPLETE SURVEY. THIS SURVEY IS HOT VALID UNLESS THE SKETCH AND REPORT ACCOMPANY EACH OTHER. REPROOICTIOS OF THIS SURVEY ARE HOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND HARPER EMPLOYED BY ALEXANDER J. PIAllA M. INC. ALEXANDER J. PIAZZA PSN, INC. PERMIT /: SLC 1001-0222 GATE O FIELD SURVEY: DATE OF SURVEY: UPDATE SURVEY 9-10 18 3-17-10 3-17-10 ALEXAN ER J. PIee_ _ PROFESSIOAL SI&VEYOR AND COPPER FLORIDA CERTIFICATE W. 5330 ALEXANDER J. PIAZZA PSM, INC. Surveying • Mapping • Consulting 619 SW Biltmore Street ® ppH 9 vele, +ere S eet (772) 34o -77J0 lB/T190 Pox: p72) }b-2250 BOUNDARY SURVEY 7017 GULOTTI PLACE SEC 24, TWP 365, RGE 40E AS PREPARED FDR KALLKELL BUILDERS, LLC. G ° K °°"DEWS DNG2°D9 oNG D9-7,2.°"` R� K.� FLD CUM / AJp FH. 35 PG. 41 JOB °� CJM GATE 09-0712 1-06-I6 R -IB IE IXISiING IMPROVEMENTS AIP G6 -INS ADD PoscD POOL MP 13-10 ADD PROPOSER I Si°RY M N. 5 GE BU1 ING LJM SIRPhone, -l0 MOVE auIInIN x sEPrlc S NORrH aP GRD sHEEr 1 OF 1 DWG pJp D-390 DATE REVISIONS: BF.