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Home My WebLink AboutBOA 042019 Agenda PacketSt. Lucie County Board of Adjustment Administration Building Commission Chambers AGENDA April 24, 2019 9:30am CALL TO ORDER • Pledge of Allegiance • Roll Call • Announcements AGENDA ITEM #1— Minutes- February 27, 2019 and March 27, 2019 • Action Recommended: Approval AGENDA ITEM #2 — Public Comment AGENDA ITEM #3- Petition of Bobby E. Garnett for a variance from the provisions of St. Land County Development Code Section 7.04.01.C. L(c) Minimum Building/Structure Elevation for measuring the Maximum Height Requirements to allow for the development of a single-family dwelling residence with a second story covered balcony/patio. • Exhibit #3: Staff Report: Jodi Nentwick, Senior Planner • Action Recommended: Denial OTHER BUSINESS ADJOURN NOTICE: The proceedings of the Board of Adjustment are electronically recorded. PURSUANT TO Section 2B6.0105, Florida Statutes, if a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at a meeting or hearing, he will 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 be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time as maybe necessary to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-4112-1777 or TDD 772-462-1428 at least forty-eight (48) hours prior to the meeting. Any questions about this agenda may be referred to the St. Lucie County Board of Adjustment at 772-462-2822. Form No. 07-37 Page 1 of 10 St. Lucie County Board of Adjustment 1 St. Lucie County Administration Building Commission Chambers 2 February 27, 2019 3 9:30 a.m. 4 5 A compact disc recording of this meeting, in its entirety, can be obtained from the Planning and Development 6 Services Department along with these minutes. A fee is charged. In the event of a conflict between the written 7 minutes and the compact disc, the compact disc shall control. 8 9 CALL TO ORDER 10 Chairman Harris called the meeting to order at 9:30 A.M. 11 12 ROLL CALL 13 Ron Harris ............................................ Chair 14 Bob Lowe .............................................. Vice Chair 15 Chief Derek Foxx.................................. Board Member 16 Alexander Tommie............................Board Member 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Michael Jacquin ............................... Board Member 101 Ill: 14 Z91 a 7*140kI Katherine Barbieri ............................... Linda Pendarvis.................................. Kris McCrain....................................... Mayte Santamaria ........................... Vanessa Desnoyers ........................... Daniel Allison ...................................... Staff introduced themselves ANNOUNCEMENTS None Assistant County Attorney Development Review Coordinator Associate Planner Assistant Planning Director Planning Technician Information Technology AGENDA ITEM #1 — MINUTES OF January 23, 2019 Vice Chair Lowe motioned for the approval of minutes. Chairman Harris notated changes with minor edits for the record. Mr. Jacquin seconded. Motion passed. AGENDA ITEM #2 — Public Comments None Draft BOA Minutes February 27, 2019 Page 2of10 43 44 AGENDA ITEM #3 — Petition of Christopher Workman for a variance from the provisions of St. 45 Lucie County Land Development Code Section 7.04.01 (Table 7-10) Lot Size and Dimensional 46 Requirements to allow for a screen enclosure over a pool to encroach into the rear setback for 47 the property located within the RS-4 (Residential, Single -Family — 4 du/ac) Zoning District. 48 Tahir Curry, Associate Planner stated that the purpose of this variance is to allow for an encroachment 49 of a screen enclosure over a pool 5 feet into the required minimum 15-foot rear setback, providing a 50 rear setback of 10 feet, within the RS-4 (Residential, Single -Family — 4 du/ac) Zoning District. The 51 subject property is located in the Coral Cove Beach Subdivision on North Hutchinson Island, at 238 52 Bimini Drive. The property abuts a canal along the northern property line. The applicant is proposing 53 a 14'9" by 40'2" screen enclosure over a pool and pool deck to encroach into the required setback by 54 no more than 5 feet, providing a total rear setback of 10 feet for these structures. The current zoning 55 of this property is RS-4 (Residential, Single -Family — 4 du/ac), and has a RU (Residential, Urban) 56 Future Use Designation. 57 Mr. Workman purchased the home in 2018 and the home was built in 1967. When the home was 58 constructed, it was built 48 feet from the front property line and approximately 25 feet from the rear 59 property line. The required rear setback for RS-4 is 15 feet, leaving approximately 10 feet between 60 the home and rear setback for the proposed pool and enclosure. The setback requirements in 1967 61 were similar to the RS-4 Zoning. The variance does not arise from conditions that are unique and 62 hardship as defined in the St. Lucie County Land Development Code. The need for the variance is 63 created by the original structure being constructed with a greater front setback than required within 64 the RS-4 Zoning District. Resulting in a smaller rear yard area than what could have been allowed, if 65 the house was built closer to the front property line. Additionally, the variance is requested based the 66 current owner's desire to add a pool in the rear yard. 67 The subject property backs up against a canal to the Indian River Lagoon; therefore, the screen 68 enclosure and pool should not impair or injure other property or improvement in the neighborhood, nor 69 impair, adequate supply of light or air, increase traffic, danger of fire or endanger public safety. The 70 variance is not entirely in conflict with the goals, objectives and policies of the St. Lucie County 71 Comprehensive Plan. The encroachment into the rear setback is in conflict with the Section 7.04.01 72 of the St. Lucie County Land Development Code minimum building setbacks for the RS-4 Zoning 73 District requirements. Pursuant to Section 7.04.01, which states "No structure shall be constructed on 74 a lot that is less than the minimum lot size and dimensional requirements as shown in Table 7-10 for 75 the zoning district in which it is located'. 76 The variance sought does not arise from conditions that are unique and peculiar to the property. The 77 variance does not qualify as a hardship as defined in the St. Lucie County Land Development Code. 78 Staff has reviewed this petition and determined it does not conform to a strict interpretation of the 79 standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. 80 Staff is, therefore, recommending Denial of the requested variance. Draft BOA Minutes February 27, 2019 Page 3of10 81 Chairman Harris opened the floor for discussion and questions for staff. 82 Mr. Workman of 238 Bimini Drive, Hutchinson Island, FL. 34949 was sworn in and gave reasons for 83 the request. Mr. Workman is requesting to improve his property with a variance to put up a screen 84 enclosure and remove old, broken up concrete to make property more appealing. 85 86 Vice Chair Lowe stated that there have been six, or seven variances prior to Mr. Workman's request 87 on other properties in that area and inquired if Mr. Workman was familiar with them. Mr. Workman 88 replied he was only familiar with a few of them, as he has only been there since July. 89 90 Chairman Harris closed the public hearing 91 92 Vice Chair Lowe made the motion: After considering the testimony presented during the public 93 hearing, including staff comments, and the standards of review as set forth in section 10.01.02 of the 94 St. Lucie County Land Development Code, I hereby move that the Board of Adjustment approve the 95 petition of Christopher Workman, for a variance from the provisions of section 7.04.01 (table 7-10) lot 96 size dimensional requirements, of the St. Lucie County Land Development Code to permit the 97 development of a screen enclosure over a pool to encroach into the required minimum 15-foot rear 98 setback by no more than 5 feet, providing a total rear setback of 10 feet, within the RS-4 (residential, 99 single-family— 4 du/ac) zoning district, because .... the granting of the variance will not impare, or injure 100 property or improvements to the neighborhood in which the subject property is located. Nor impare an 101 adequate supply of light or air to adjacent property, substantially increase the congestion to the public 102 street, increase the danger of fire, Create a hazard to the air navigation, endanger the public safety or 103 sustainability, diminish or impair property value in the neighborhood. 104 105 Mr. Jacquin seconded 106 107 The roll was called: 108 109 Chair Harris Yes 110 Vice Chair Lowe Yes 111 Mr. Tommie Absent 112 Chief Foxx Absent 113 Mr. Jacquin Yes 114 115 Chief Foxx joined meeting, arriving at 9:40am 116 117 AGENDA ITEM #4 - Petition of Dianne Soldevilla for a variance from the provisions of St. Lucie County 118 Land Development Code Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements, to 119 allow the existing covered screen porch to encroach into the side setback; and to also allow for the 120 existing pool enclosure to encroach into the rear setback. 121 122 Kristopher McCrain, Associate Planner, stated that the purpose of this variance is to allow for an 123 existing covered screen porch to encroach into the required minimum 20-foot side yard setback by 124 no more than 9.12 feet, providing a total side yard setback of 10.88 feet for this structure; and to also Draft BOA Minutes February 27, 2019 Page 4 of 10 125 allow for the existing pool enclosure to encroach into the required minimum 30-foot rear yard 126 setback by no more than 0.45 feet, providing a total rear yard setback of 29.55 feet for these 127 structures, within the AR-1 (Agricultural, Residential — 1 du/ac) Zoning District. 128 The petitioner, Dianne Soldevilla is requesting a variance to allow for an existing covered screened 129 porch to encroach 9.12 feet into the required minimum 20-foot side yard setback; and to also allow 130 for the existing pool enclosure to encroach 0.45 feet into the required minimum 30-foot rear yard 131 setback. The subject 1.32-acre parcel is located at 7017 Gullotti Place (approximately '/z mile north 132 of Tilton Road on the west side of Gullotti Place) within the St. Lucie Gardens Subdivision (Plat Book 133 1, Page 35). The parcel is located in the AR-1 (Agricultural, Residential — 1 du/ac) Zoning District, 134 with a RE (Residential Estate) Future Use Designation, and is located within the USB (Urban 135 Service Boundary). 136 The building permit for the single-family home was approved by the Building Division on March 5, 137 2010 and received form board survey approval from the Zoning Division on March 18, 2010. The 138 form board survey was approved incorrectly by staff with a 2.06-foot encroachment into the required 139 minimum 20-foot side setback. On April 22, 2015, the Board of Adjustment through BOA Resolution 140 No. 15-005 (see attached Resolution) granted a variance to allow the existing single-family 141 residence to encroach up to 3 feet into the required minimum 20-foot side yard setback. 142 On January 27, 2016, the Board of Adjustment through BOA Resolution No. 16-002 denied a 143 variance to permit the construction of a pool enclosure to encroach 10 feet into the required 144 minimum 20-foot side yard setback. 145 Staff has reviewed this petition and determined that it does not conform to a strict interpretation of the 146 standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. 147 There is ample yard space in the rear and side yard to place these structures while complying with the 148 required minimum building setback requirements. 149 Staff is, therefore, recommending Denial of the requested variance. 150 Chairman Harris opened the floor for discussion and questions for staff. 151 Mr. Tommie joined meeting, arriving at 9:47am 152 Ms. Soldevilla of 7017 Gullotti Place, Port St. Lucie, FL. 34952 was sworn in and gave reasons for the 153 request. Ms. Soldevilla states that her home was built in the wrong location unbeknownst to her. Ms. 154 Soldevilla stated that her home was built in 2010 correctly to her knowledge, and 5 years later in 2015, 155 Planner Jim Johnson came to her saying that the County made a mistake in letting her home be built 156 3'/z feet into the encroachment. Ms. Soldevilla stated that Mr. Johnson told her that the County would 157 do a variance for the home and that she didn't need to do anything, that the county would complete 158 variance application process. 159 Draft BOA Minutes February 27, 2019 Page 5 of 10 160 Ms. Soldevilla relayed to Mr. Johnson that she had plans for a front porch and back porch as she was 161 going through the variance process with the county. Ms. Soldevilla stated she didn't put the plans for 162 front and back porch on initially because she planned to go back and build later when she could afford 163 to do more. Ms. Soldevilla stated that as she was building her pool, and the County and Zoning 164 Department allowed her to build up a back surface put behind the house so that she could walk on a 165 foundation to her pool instead of 30 feet of dirt from her back door to the pool. Ms. Soldevilla stated 166 that the same inspector that signed off on her home, also inspected her pool enclosure which was 6 167 inches off. Ms. Soldevilla stated that the variance for the pool enclosure was applied for by Pools by 168 Greg the company she used. She did not fill out a variance application, the pool company did. Ms. 169 Soldevilla stated that to her knowledge the pool was legal. She claims to not have filled out any 170 variances previous to the current petition. Ms. Soldevilla doesn't believe that granting this variance 171 would impact any of her neighbors or cause any harm. It would improve her living area by giving her 172 more liveable area. 173 174 Vice Chair Lowe questioned Ms. Soldevilla about previous variance requests on the property. Ms. 175 Soldevilla denied having applied for any additional variance to her property and relayed that the 176 County processed a variance application in 2015 and "Pools by Greg" put in for a variance without her 177 knowledge because they wanted to put her pool in a different location. She didn't request or pay for 178 either. Ms. Soldevilla states that this is the only variance that she has requested. 179 180 Ms. Soldevilla discussed buildings that were on her property prior to her purchase. She contacted 181 Code Enforcement and Building Inspector and working with them she brought all properties up to code 182 and grandfathered her in once they were hurricane proof. 183 184 Vice Chair Lowe again questioned if this was the first request for a variance that Ms. Soldevilla 185 requested, and Ms. Soldevilla confirmed that she hadn't filed for another variance. 186 187 Chairman Harris inquired of Staff the timeframe that the porch was covered and screened, and when 188 it became in violation of the setback. Mr. McCrain clarified that the screen enclosure for the pool were 189 permitted but the roof was not which triggered the violation. 190 191 Chairman Harris inquired if there was a permit pulled for the roof and if it was constructed without a 192 permit. Mr. McCrain replied that there are records of the previous variance applications with Ms. 193 Soldevilla's signature. Ms. Soldevilla denied paying anything and maintains that this variance is the 194 only one that she applied for herself. Mr. McCrain clarified that the first variance was completed by the 195 county and the second variance was requested by the pool company. 196 197 Mr. Mccrain clarified the previous planner's name is Jeff Johnson, not Jim Johnson. 198 199 Chairman Harris inquired about the 2 additional accessory structures on Ms. Soldevilla's property, a 200 covered storage area and a wooden gazebo which are all in violation of the rear setback. Chairman 201 Harris asked for clarification stating that Ms. Soldevilla would still be in violation of the rear setbacks Draft BOA Minutes February 27, 2019 Page 6 of 10 202 if the variance was approved. Mr. McCrain confirmed that the 2 structures on the back of the property 203 would still be in violation if they were granted. Chairman Harris questioned as to why the additional 204 structures hadn't been added to the variance petition. 205 206 Ms. Pendarvis stated that at the variance request for the original house was approved the structures 207 were there previously and overlooked at the time and the structures could be added to the petition. 208 209 Chariman Harris replied that the structures couldn't be added at this time. 210 211 Ms. Soldevilla stated that she had the paperwork and could prove that although she didn't build the 212 structures, she brought them up to code to comply with the county's regulations. Ms. Soldevilla stated 213 that she permits for all the buildings and stated that Ms. Pendarvis could verify these statements. Mr. 214 McCrain verified that we have the documents on file. 215 216 Chairman Harris stated that the county cannot "grandfather" in property or structures, that maybe they 217 misspoke. 218 219 Mr. Jacquin stated there were several issues present that the Board will need further research. 220 221 Chairman Harris asked if the applicant had any additional questions. Ms. Soldevilla stated that the 222 accessory structures on her property have nothing to do with her variance and have already been 223 permitted. She doesn't understand why they are an issue at the present. 224 225 Mr. Jacquin stated that he would like to continue the matter and reschedule for a date certain which 226 would be the March 27, 2019 Board of Adjustments meeting. Mr.Jacquin asked if the additional 227 structures were to be added for review, that there would be re -advertising fees and leaves it up to staff 228 to re -agenda the petition. 229 230 Ms. Soldevilla stated that she did not have the money to begin this process again and that she had 231 the paperwork at home to prove she has the permits for these structures. Chairman Harris asked staff 232 if we have documentation of permits pulled for Ms. Soldevilla. Mr. McCrain stated that he can produce 233 permit documentation for the next Board of Adjustments meeting. 234 235 Mr. Nicholas Olivo of 7001 Gullotti Place, Port St. Lucie, FL. 34952 was sworn in and gave reasons 236 of his support for the request. Mr. Olivio spoke in support of the continuance to help Ms. Soldevialla 237 get her paperwork together. 238 239 Mr. Jacquin inquired if Mr. Olivio was in agreement with Ms. Soldevilla's request for the variance being 240 that he would be most affected by the approval of the variance. Mr. Olivio expressed his agreement. 241 Draft BOA Minutes February 27, 2019 Page 7of10 242 Vice Chair Lowe expressed that there are two separate issues before the board and he would like to 243 help Ms. Soldevilla by voting on the issue before the board presently. Mr. Harris stated his concern 244 that Ms. Soldvilla has an unpermitted roof. 245 Vice Chair Lowe suggested having an approved permit after the fact be a condition of approval and 246 that if Ms. Soldevilla didn't comply, then she would not get the variance for the covered porch. 247 Assistant Attorney Katherine Barbieri confirmed that reasonable conditions may be added to 248 approvals. 249 Ms. Maria Gryner of 7020 Shanas Trail, Port St. Lucie, FL. 34952 was sworn in and gave reasons 250 of she's against the request. Ms. Gryner asked that the comments she previously mailed into 251 the Planning Department be read aloud for the record. 252 253 Ms. Gryner stated (read aloud by Mr. McCrain): 254 255 "This had been applied for and denied on two separate variance requests. She ignored the 256 county and put it up anyways in total violation of the findings of the board. The fact that she 257 had no regard for the rules and regulations of the existing setbacks and continues to do 258 whatever she pleases is an outrage. I cannot believe she is able to continue to apply for denied 259 variances. She did this in direct violation of the boards findings. This cannot be permitted to 260 remain as rules must be followed by everyone, not just the people you choose to live by them. 261 It must be removed as it is a direct violation." 262 263 Ms. Gryner reiterated that the house itself was in an easement and Ms. Gryner spoke on behalf 264 of Ms. Soldevilla to keep her house as she didn't expect Ms. Soldevilla to move her home, but 265 requested that nothing else be built there. Ms. Soldevilla built a screen room, and it does 266 directly affect Ms. Gryner's property and is in a total violation. 267 268 Chairman Harris closed the public hearing 269 270 Mr. Tommie stated that he would like to hear the adjacent property owner's comments in support or 271 against the petitioner Ms. Soldevilla. Mr. Tommie stated it's a violation of the whole variance. He 272 stated that the Board needs more time to review and research this request and sort out issues. 273 Chief Foxx questioned Staff there was a variance requested that was denied prior to construction of 274 the pool enclosure in 2016. Mr. McCrain clarified that permits were issued and notes were made on 275 the site plan that it should not encroach into the rear setback. When the pool was inspected the 276 violations were found. 277 Mr. Jacquin would like to have all the information before making a decision, Mr. Tommie agreed. 278 Chief Foxx is in favor of tabling agenda item until more information is given. Draft BOA Minutes February 27, 2019 Page 8 of 10 279 Vice Chair Lowe would like to vote on the issue before us today to allow the existing covered screen 280 porch to encroach into the side setback; and to also allow for the existing pool enclosure to encroach 281 into the rear setback and deal with the roof separately. 282 Vice Chair Lowe made the motion: After considering the testimony presented during the public 283 hearing, including staff comments, and the standards of review as set forth in section 10.01.02 of the 284 St. Lucie County Land Development Code, I hereby move that the Board of Adjustment approve the 285 petition of Dianne Soldevilla, for a variance from the provisions of section 7.04.01 (table 7-10) lot size 286 dimensional requirements, of the St. Lucie County Land Development Code to permit an existing 287 covered screen porch to encroach into the required 20-foot side setback by no more than 9.12 feet, 288 providing a total side setback of 10.88 feet; and allow a pool/pool deck and screen enclosure to 289 encroach into the required 30-foot rear setback by no more than 0.45 feet, providing a total rear 290 setback of 29.55 feet for these structures, within the AR-1 (Agricultural, Residential — 1 Du/Ac) Zoning 291 District, with a condition that the roof plans be submitted again in compliance with the building code. 292 There was no second 293 The motion failed 294 Mr. Jacquin motioned for a continuance in 30 days. 295 Chief Foxx seconded 296 The roll was called: 297 Chair Lowe Yes 298 Vice Chair Harris Yes 299 Mr. Tommie Yes 300 Chief Foxx Yes 301 Mr. Jacquin Yes 302 303 Chairman Harris called up Ms. Soldevilla and clarified to her that her variance has been continued to 304 the March 27, 2019 Board of Adjustments meeting date and that all she needs to do at the moment is 305 bring in the building permits she has for board members and staff to review. 306 307 Ms. Soldevilla stated she doesn't understand why other departments have become involved. 308 309 Chairman Harris stated that he saw a violation, and needed to address it, that other buildings aren't 310 involved, the Board would like to review her permitted plans. That she has a screen, roof and enclosure 311 that will all need to be addressed. 312 313 AGENDA ITEM #5 - Petition of Leah Phillips for a variance from the provisions of St. Lucie County 314 Land Development Code Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements, to 315 allow an existing outdoor utility shed to encroach into the side and rear setback 316 317 Kristopher McCrain, Associate Planner states that the purpose of this variance is to allow for an 318 existing utility shed to encroach into the required minimum 15-foot rear yard setback by no more than Draft BOA Minutes February 27, 2019 Page 9of10 319 3.1 feet, providing a total rear yard setback of 11.9 feet; and encroach into the required minimum 10- 320 foot side yard setback by no more than 5.2 feet, providing a total side yard setback of 4.8 feet for this 321 structure, within the RMH-5 (Residential, Mobile Home — 5 du/ac) Zoning District. 322 The subject property is located in the Green Acres Subdivision, approximately 520 feet west of the 323 Treasure Coast International Airport, at 5069 Margaret Ann Lane. The Green Acres Subdivision was 324 platted in 1971 (Plat Book 16, Page 10). The 0.17-acre parcel is rectangular shaped and has a total 325 area of 7,500 square feet. The subject parcel is currently zoned RMH-5 (Residential, Mobile Home 326 — 5 du/ac), with a MXD (Mixed -Use Development) Future Use Designation, and is located within the 327 USB (Urban Service Boundary). 328 The subject parcel has a total land area of 7,500 square feet with a maximum lot coverage by 329 buildings of 2,625 square feet for the RMH-5 zoning district. The existing structures located on the 330 parcel include a single-family residence, covered screen porch and metal utility shed, for a total 331 building coverage of 1,739.23 square feet. Although the subject parcel does not meet the required 332 minimum lot size of 10,000 square feet for the RMH-5 zoning district, the parcel has been 333 determined to be a Nonconforming Lot of Record. 334 The applicant submitted an after the fact permit for the existing shed on May 11, 2018 (Permit # 335 1805-0371), which is still pending and under review by the St. Lucie County Building Department. 336 According to the responses provided by the applicant on the variance supplement package, the 337 original wood frame utility shed was constructed in 1979 and sustained damage during Hurricane 338 Irma in 2017. After attempting to repair the leaks and other damage sustained from the storm, the 339 shed was replaced with a smaller metal framed utility shed on the existing concrete slab. The 340 applicant has indicated the shed is used to store the pool pump and other miscellaneous items. 341 Staff has reviewed this petition and determined that it does not conform to a strict interpretation of the 342 standards of review as set forth in the St. Lucie County Land Development Code Section 10.01.02. 343 The variance sought does not arise from conditions that are unique and does not qualify as a hardship 344 as defined in the St. Lucie County Land Development Code. 345 Staff is, therefore, recommending Denial of the requested variance. 346 Chairman Harris opened the floor for discussion and questions for staff. 347 Mr. Jacquin questioned if the shed was in for permitting. Mr. McCrain verified that it was in for a code 348 case and is in review under permit right now and the variance request. Mr. Jacquin confirmed that 349 they were just replacing a shed that had been constructed since 1974. 350 Jackson Phillips of 174 Dusk Way, Ft. Pierce, FI 34945 was sworn in and gave reasons for the 351 request on behalf of his mother. Mr. Phillips replaced the previous shed after damage from a storm 352 and did not get a permit. Mr. Phillips apologized, but stated that the structure is in for permitting, up 353 to code and structurally sound and much smaller, therefore encroaching less. 354 Draft BOA Minutes February 27, 2019 Page 10 of 10 355 Serafini Phillips of 174 Dusk Way, Ft. Pierce, FI 34945 was sworn in and gave reasons for the 356 request on behalf of her mother-in-law. Ms. Phillips stated that the project began as a few siblings 357 trying to help their mother repair the damage done to the shed after the recent hurricane. It was an 358 emotional process due to sentimentality and Ms. Phillips thanked the staff for their patience an 359 assistance throughout this process. 360 Leah Phillips of 5069 Margaret Ann Lane, Fort Pierce, FL. 34946 was sworn in and gave reasons 361 for the request. She has lived at the property for 39 years and keeps her property pleasant to look 362 at. She thanks staff and hopes to get an approval for the variance presented before the board. 363 Elizabeth Brant 5041 Mar Margaret Ann Lane, Fort Pierce, FL. 34946 was sworn in and gave 364 reasons for her support. Ms. Brant stated that she enjoys living next to Ms. Phillips, She has 365 improved the neighborhood and the property. Ms. Brant acknowledged that Ms. Phillips made a 366 mistake and asks the board to grant the request. 367 Chairman Harris closed the public hearing 368 369 Mr. Jacquin makes the motion: 370 After considering the testimony presented during the public hearing, including staff comments, and 371 the standards of review as set forth in section 10.01.02 of the St. Lucie County Land Development 372 Code, I hereby move that the board of adjustment approve the petition of Leah Phillips, for a variance 373 from the provisions of section 7.04.01 (table 7-10) lot size dimensional requirements, of the St. Lucie 374 County Land Development Code to permit an existing utility shed to encroach into the required 375 minimum 15-foot rear yard setback by no more than 3.1 feet, providing a total rear yard setback of 376 11.9 feet; and encroach into the required minimum 10-foot side yard setback by no more than 5.2 feet, 377 providing a total side yard setback of 4.8 feet for this structure, within the RMH-5 (Residential, Mobile 378 Home — 5 du/ac) Zoning District, because they are replacing an existing one that has been there since 379 1974 and it doesn't impact adjacent property owners. 380 Chairman Harris made an addition to motion "and no additional traffic impacts or reduction of property 381 values." 382 Chief Foxx seconded 383 The roll was called: 384 Chair Lowe Yes 385 Vice Chair Harris Yes 386 Mr. Tommie Yes 387 Chief Foxx Yes 388 Mr. Jacquin Yes 389 OTHER BUSINESS 390 ADJOURN 391 Having no further business, the meeting was adjourned at 10:38 am. 392 Draft BOA Minutes February 27, 2019 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 29 30 31 32 33 34 35 36 37 38 39 40 Page 1 of 15 St. Lucie County Board of Adjustment St. Lucie County Administration Building Commission Chambers March 27, 2019 9:30 a.m. A compact disc recording of this meeting, in its entirety, can be obtained from the Planning and Development Services Department along with these minutes. A fee is charged. In the event of a conflict between the written minutes and the compact disc, the compact disc shall control. CALL TO ORDER Chairman Harris called the meeting to order at 9:31 a.m. ROLL CALL Ron Harris ............................................ Chair Bob Lowe .............................................. Vice Chair Chief Derek Foxx.................................. Board Member (Absent) Alexander Tommie............................Board Member (arrived at 9:36am) Michael Jacquin ............................... Board Member OTHERS PRESENT Bethany Grubbs .................................... Planner Dave Johnson ....................................... Chief Building Inspector Jodi Nentwick....................................... Senior Planner Justin Bartlett ........................................ Information Technology Katherine Barbieri ................................. Assistant County Attorney Kori Benton ........................................... Senior Planner Kris McCrain......................................... Associate Planner Linda Pendarvis.................................... Development Review Coordinator Mayte Santamaria ............................ Assistant Planning Director Roxanne Johnson ................................. Notary Vanessa Desnoyers .............................. Planning Technician ANNOUNCEMENTS Chairman Harris thanked staff for expedient responses to Board members individual questions about petitions. The information was laid out beautifully and easy to follow. AGENDA ITEM #1 — Public Comment None Draft BOA Minutes March 27, 2019 Page 2of15 41 AGENDA ITEM #2 - Petition of James Orlando for a variance from the minimum building 42 setback requirements of the RS-2 (Residential, Single -Family - 2 du/ac) Zoning District. 43 44 Bethany Grubbs, Planner stated that the purpose of this variance is to allow a proposed screen 45 enclosure, inclusive of a pool house, to encroach a maximum of 12.75 feet into the required minimum 46 15 foot rear yard setback for a property located at 7678 Wexford Way, in the RS-2 (Residential, Single- 47 Family - 2 du/ac) Zoning District. 48 49 The subject 0.83-acre parcel is located within the Reserve Plantation Phase 1 Subdivision, at 7678 50 Wexford Way, Port St. Lucie. The zoning of this property is RS-2, with a RS Future Land Use Map 51 designation. The petitioner is requesting a variance to reduce the required 15 foot rear yard setback 52 by 12.75 feet, allowing for a 2.25 foot setback for a proposed pool screen enclosure, inclusive of a 53 pool house. 54 The Reserve Plantation Phase I Subdivision was platted in 1985 (Plat Book 24, Page 20). The rear 55 yard of the property abuts Reserve Boulevard, the subdivision's main thoroughfare. The property is 56 improved with a pool and existing screen enclosure that complies with the dimensional standards of 57 the Code. The applicant is proposing to expand the screen enclosure, additionally encompassing the 58 pool house. As a result of the expansion, the proposed screen enclosure will encroach 12.75 feet into 59 the required 15 foot rear setback. The applicant has submitted an application for a variance from the 60 provisions of Section 7.04.01(Table 7-10), of the St. Lucie County Land Development Code to request 61 a 2.25 foot rear setback. 62 While reviewing the application submittal, staff noted that there is a non -conforming accessory 63 structure, a pool house, also encroaching into the rear setback. The 337 sq. ft. pool house was 64 constructed in 1993 and approved under BP#9300171. The current boundary survey depicts the pool 65 house structure 6.7 feet from the rear property line, resulting in an existing 8.3 foot encroachment. 66 The current property owner purchased the property in 2018 67 68 Staff recommends denial of the requested variance as it does not arise from conditions that are unique 69 and peculiar from the land and physical surroundings and are created by the actions of the property 70 owners. The variance sought does not qualify as a hardship as defined in the St Lucie County Land 71 Development Code. 72 Chairman Harris opened the floor for discussion and questions for staff. 73 Chairman Harris inquired about a response form from Ms. Pamela Hammer addressing some items 74 and insisting that the setback is 50 feet from property line as opposed to the 15 feet required by the 75 Land Development Code. Ms. Grubbs clarified that Ms. Hammer sits on the Master Architectural 76 Review Board for PGA Village. Ms. Grubbs spoke to her on Monday, March 26, 2019 and Ms. Hammer 77 relayed that PGA Village's POA has stricter guidelines than our Land Development Code and stated 78 that there is a 50 foot rear setback according to their subdivision's rules for structures. 79 Mr. Jacquin asked if the buffer was 50 feet and Ms. Grubbs clarified although the buffer may be 50 80 feet, PGA Village's POA requires the rear setback is 50 feet from the property line. Draft BOA Minutes March 27, 2019 Page 3 of 15 81 Chairman Harris addresses a document included in the packet provided by Staff from the PGA Village 82 POA. Ms. Hammer states in this letter that there is no variance approved. Ms. Grubbs stated that Ms. 83 Hammer relayed to her that the survey was illegible and the POA did not do their due diligence in 84 asking for a survey where they could read the figures. Ms. Hammer stated that she was not a part of 85 that decision and does not sit on that Board. 86 Chairman Harris asked Ms. Grubbs if she agreed that the PGA Village POA did grant the variance 87 and Ms. Grubbs agreed. 88 Jim Orlando of 7678 Wexford way, Port Saint Lucie, FL 34986 was sworn in and gave reasons for 89 request. Mr. Orlando stated that he went through all the proper channels, getting approval from the 90 HOA, and POA. Mr. Orlando pulled the appropriate permits for construction, hiring an architect and 91 contractor, and wasn't aware of any issues until pulling the permit for the screen enclosure. Mr. 92 Orlando doesn't feel that the area is his back yard, he feels that it is his side yard, based on how the 93 property sits. Mr. Orlando states that his surveyor shows a 10 foot offset. Mr. Orlando states he did 94 not build the pool house, and he feels he did a great job improving his home and hopes to correct any 95 issues to continue his project. Mr. Orlando also stated that the side yard has a 50 foot landscaping 96 buffer, a two lane road a 100 foot median and another 50 foot buffer. 97 Judy Seeger of 7675 Wexford Way, Port Saint Lucie, and FL 34986 was sworn in and gave reasons 98 for her support of the variance request. Ms. Seeger owns property to the west of Mr. Orlando. Ms. 99 Seeger stated that she enjoyed watching Mr. Orlando build up and improve his property. Ms. Seeger 100 is in a home built by Paul Jacquin in 1988 and desires to complete the backyard to improve her 101 property as well. Ms. Seeger doesn't understand the need for a variance because their properties 102 back up to the road that is well maintained. 103 104 Mr. Jacquin inquired if the existing structure is non -conforming and if they could make a motion to 105 encapsulate both issues. Chairman Harris replied that the Board could not because both issues 106 weren't advertised. Ms. Grubbs replied that she included the term "inclusive of a pool house" in the 107 wording of the motion and that it was advertised with that language. 108 109 Chairman Harris closed the public hearing 110 111 Mr. Jacquin made the motion: 112 After considering the testimony presented during the public hearing, including staff comments, and 113 the Standards of Review as set forth in section 10.01.02 of the St. Lucie County Land Development 114 Code, I hereby move that the Board of Adjustment approve the petition of James Orlando for a 115 variance from the provisions of section 7.04.01 (Table 7-10), of the St. Lucie County Land 116 Development Code to allow a proposed screen enclosure, inclusive of a pool house to encroach a 117 maximum of 12.75 feet into the required minimum 15 foot rear yard setback for a property located at Draft BOA Minutes March 27, 2019 Page 4 of 15 118 7678 Wexford way because of the adjacent property owner's not having an issue with it. It does not 119 adversely impact traffic, or the property owner's value. 120 121 Vice Chair Lowe seconded the motion 122 123 124 The roll was called: 125 Chair Harris Yes 126 Vice Chair Lowe Yes 127 Mr. Tommie Yes 128 Chief Foxx Absent 129 Mr. Jacquin Yes 130 131 132 AGENDA ITEM #3 — Board of Adjustment's continuance of the petition of Ashley Erickson from the 133 January 23, 2019 public hearing. This petition of Ashley Erickson was presented at the January 23, 134 2019 Board of Adjustment (BOA) public hearing and was continued to the March 27, 2019 public 135 hearing to allow the applicant time to research the additional information requested by the BOA. 136 137 Ms. Linda Pendarvis, Development Review Coordinator stated the variance request is to allow three 138 (3) accessory structures (pole barn, shed and pump house) to encroach a maximum of 13.2 feet into 139 the rear setback, a guest house to encroach 4 feet into the southwest corner side setback and the 140 single family residence to encroach 11.9 feet into the southeast corner side setback and 30.6 feet into 141 the front setback from the minimum building setback requirements of the AR-1 (Agricultural, 142 Residential — 1 du/ac) Zoning District to remedy multiple encroachments in the rear, corner side and 143 front yard setback requirements. 144 At the public hearing the BOA posed the following questions: 145 The survey presented indicates a twelve foot drainage easement that runs north to south under the 146 single family residence. Was the drainage easements abandoned? 147 148 Staff Response: On April 25, 1978, through Resolution No. 78-41, the Board of County 149 Commissioners approved the vacating and abandoning of the east 6 feet of Lot 18 and the west 6 feet 150 of Lot 19, Block 6 of Jay Gardens Subdivision, thereby abandoning the drainage easement that the 151 single family residence is built over. 152 153 The pump house that encloses the well and pool equipment for the residence and the pool is located 154 in close proximity of the septic system near the guest house. The BOA had a concern regarding the 155 separation requirement not being met between a well to a septic system of seventy five feet. 156 157 Staff Response: On October 19, 2018, the Department of Health approved an onsite sewage 158 treatment and disposal system construction inspection and final approval that converted two septic 159 systems on the property to one. The existing septic tank on the southwest corner (near guest house) 160 of the property was converted to a lift station to pump waste into the septic tank and discharge into 161 the one drain field located on the northeast side of the single family residence. Draft BOA Minutes March 27, 2019 Page 5 of 15 162 163 The BOA requested the property owner to go back to her Title Company and/or Mortgage Company 164 and find out why they did not require a survey at closing. 165 166 Staff Response: On February 11, 2019, the applicant indicated in an email that she contacted her 167 mortgage company to find out why there was no survey required. On February 18, 2019, the applicant 168 stated in an email that she had an appointment with an attorney and will provide an update to the BOA 169 at the March 27, 2019 meeting. 170 Based on the staff analysis included in BOA memorandum dated January 4, 2019 and the additional 171 information provided based on the BOA's review and questions on January 23, 2019, staff has 172 determined that the petition does not necessarily conform to a strict interpretation of the standards of 173 review as set forth in Section 10.01.02, St. Lucie County Land Development Code. The variance 174 sought arises from conditions that are not unique and do not qualify as a hardship as defined in the 175 St. Lucie County Land Development Code; however, the variance is not in conflict with the goals, 176 objectives, and policies of the St. Lucie County Comprehensive Plan. 177 The single family residence was constructed prior to the adoption of the current AR-1 zoning district 178 creating a nonconforming structure due to greater setback requirements than the previous R-1 C 179 zoning district. Staff is recommending approval of the requested variance for the single family 180 residence as the encroachment into the front and side yard setbacks is the result of the County's 181 overall zoning district amendment to AR-1 Zoning District for the Jay Gardens Subdivision. 182 Staff is recommending denial of the requested variance for the guest house and three accessory 183 structures (pump house, shed and pole barn) as there are no building permits issued to indicate the 184 date of construction or location within the property. The applicant is requesting the variance to allow 185 for the existing structures to remain and to be permitted to apply for an after the fact permit. 186 Chairman Harris opened the floor for discussion and questions for staff. 187 Ashley Erickson of 251 North Cardinal Place, Fort Pierce, FL 34945 was sworn in and gave reasons 188 for variance request. Ms. Erickson stated that at the previous BOA meeting on January 23, 2019 she 189 was very confused about the requests made by the Board for surveys and additional documents. 190 When Ms. Erickson initially purchased the home she was unaware of the materials issues and her 191 need for a survey of home. The contractor Ms. Erickson hired to fix the siding of the house failed to 192 apply for a permit because he didn't believe the square footage allotted him to do so. One of Ms. 193 Erickson's neighbors called Code Enforcement and she discovered additional violations on her 194 property. Code enforcement informed Ms. Erickson that she needed to bring her structures up to code 195 or tear them down and provide a survey. After the survey was provided by Ms. Erickson, the variance 196 issue was discovered. Ms. Erickson feels that she was misinformed and misguided by Code 197 Enforcement from the beginning. Ms. Erickson stated that if she had been asked initially for a survey 198 by code enforcement she could have avoided misspent funds and gotten the variance first. 199 Draft BOA Minutes March 27, 2019 Page 6 of 15 200 Ms. Erickson asked to address each structure individually, starting with the pole barn. The Property 201 Appraiser's website has a picture of the pole barn and a built date of 2009. The shed was permitted 202 by code enforcement in 2018. The pump house houses the well, the pool pump and Ms. Erickson 203 assumes that it was built the same time as the pool in 2005. The mother-in-law suite is the most 204 important thing Ms. Erickson would like to get approved as it houses her daughter and grandson. Code 205 Enforcement informed Ms. Erickson that she could possibly move the structure to meet the setbacks, 206 so Ms. Erickson contacted a moving company and was informed that it may cost over $20,000 dollars 207 to move the in-law suite over 4 feet. Ms. Erickson was directed by the county to apply for permits for 208 the work done on her property so that she may be granted the variance. 209 Bonnie Shild of 2619 SE Emmett Road, Port Saint Lucie, FL 34952 was sworn in and gave reasons 210 for support of variance request. Ms. Shild assisted Ms. Erickson in purchasing the property. Ms. Shild 211 stated that the survey isn't titled and that the mortgage company mishandled the purchase of her 212 home, as well as the bank and title company. Ms. Shild appealed to the board to grant the variance. 213 Chairman asked that Staff provide the graphic of the people supporting the variance for Ms. Erickson. 214 Ms. Erickson responded that the neighbor to the north of her property voted against the variance 215 request and there inquiries, but were no additional votes for or against. Ms. Pendarvis confirmed. 216 Chairman Harris closed the public hearing 217 218 Vice Chairman Lowe made the motion: 219 After considering the testimony presented during the public hearing, including staff comments, and 220 the standards of review as set forth in section 10.01.02 of the St. Lucie County Land Development 221 Code, I hereby move that the Board of Adjustment approve the petition of Ashley Erickson for a 222 variance to allow three (3) accessory structures (pole barn, shed and pump house) to encroach a 223 maximum of 13.2 feet into the rear setback, a guest house to encroach 4 feet into the southwest corner 224 side setback and the single family residence to encroach 11.9 feet into the southeast corner side 225 setback and 30.6 feet into the front setback because she has met with the county and the county has 226 told her that if she addresses these three issues and gets final approval of the site plan then she will 227 also get the permits. 228 Mr. Jacquin seconded. 229 Chairman Harris amended the motion to make a condition of approval that Ms. Erickson get the final 230 permits. 231 Mr. Jacquin seconded 232 233 234 Draft BOA Minutes March 27, 2019 Page 7of15 235 The roll was called: 236 237 Chair Harris Yes 238 Vice Chair Lowe Yes 239 Mr. Tommie Yes 240 Chief Foxx Absent 241 Mr. Jacquin Yes 242 243 AGENDA ITEM #4- Board of Adjustment's Continuance of the Petition of Michael Chesanek from the 244 January 23, 2019 Hearing 245 246 A variance petition of Michael Chesanek was presented at the January 23, 2019 Board of Adjustment 247 (BOA) public hearing and was continued to the March 27, 2019 public hearing to allow the applicant 248 and staff time to research additional information requested by the Board. The variance request is to 249 allow a raised wood deck, accessory to a mobile home, with the following setback encroachments: 250 An 8 feet encroachment into the required, 8 feet., side yard setback for an 11 feet linear section of 251 deck, A 4.65 feet encroachment into the required, 8 feet., side yard setback for a 26.7 feet linear 252 section of deck; and a 5 feet encroachment into the required, 5 feet., rear yard setback for a 30 feet. 253 wide section of deck. 254 At the public hearing, the BOA requested verification of the following: 255 Would authorization of the variance, therefore retention of the existing deck, impact future setback 256 requirements for the site to the west? Determination of future measurement points of setbacks (8 feet. 257 unobstructed area between mobile home units). 258 Staff Response: If the variance were approved and deck permit issued, the applicable setback(s) 259 would be measured from this deck structure for the purpose of any existing, newly constructed or 260 reconstructed structure(s) adjacent or where applicable. Based upon this affirmation, the western 261 segment of the proposed deck may adversely impact the lot/site/unit to the west in the future upon 262 application for replacement). 263 Could the deck be permitted under current Florida Building Code or Fire Code, where applicable? 264 Potential conflicts with Florida Building Code and/or Fire Code as it relates to the ability to permit a 265 deck in the current location (along the western fagade of the mobile home, adjacent to another existing 266 unit). 267 Staff Response: Staff & the petitioner met with Gary Stepalavich, St. Lucie County Building Official, 268 who affirmed applicability of the following code(s): Minimum 3 feet. separation between the deck and 269 adjacent mobile home/building/structure if materials are non-combustible. The current deck is 270 constructed of wood. The applicant's engineer or design professional would be required to affirm the 271 materials of construction (replace the deck material, etc.) are non-combustible and a minimum of 3 272 feet between the adjacent structure; or as an alternative the applicant would be required to maintain 273 a minimum 5 feet separation from adjacent lot if constructed of combustible materials. The applicant's Draft BOA Minutes March 27, 2019 Page 8of15 274 engineer or design would be required to provide an adjusted design and separation of a minimum 5 275 feet. 276 Based on the staff analysis included in BOA memorandum dated January 11, 2019 and the additional 277 information provided based on the BOA's review and questions on January 23, 2019, staff has 278 determined that the petition does not necessarily demonstrate consistency with the standards of 279 review as set forth in Section 10.01.02, St. Lucie County Land Development Code. The variance 280 sought does not arise from conditions that are unique and peculiar to the land and physical 281 environment, is not necessary to make possible the reasonable use of the land, building, or structures, 282 and could potentially impair or injure other property or improvements in the neighborhood in which the 283 subject property is located. 284 Staff recommends denial of the variance as requested. Alternatives include replacement of the 285 western deck with a landing structure in conformance with applicable code(s) and a modified deck 286 system to the north of the mobile home complying with applicable setbacks and code(s). 287 Chairman Harris opened the floor for discussion and questions for staff. 288 Mr. Jacquin stated that it appears that 2.9 feet are the current existing conditions, less than the 3 foot 289 minimum, even though it is the incorrect material. Mr. Jacquin stated that there is 8 feet between the 290 property line and the adjacent structure on the property line. If it was going to be a combustible then 291 there would only be 3 feet left. 5 foot of combustible material is what the fire code requires. Mr. Benton 292 confirmed. 293 Vice Chair Lowe inquired if the homeowner's association approved of the variance request. Mr. Benton 294 replied that the homeowners association or co-op association provided a letter of no objection to this 295 request. Vice Chair Lowe asked for the graphic map of responses to variance request. 296 Vice Chair Lowe asked if the Board of Adjustments had previously approved a Variance request similar 297 to this in the past. Mr. Benton responded that he was unaware of and could not locate a specific 298 request within the Ocean Resorts identifying a side or rear setback request that was affirmed. 299 Vice Chair Lowe posed the question "Being that there are many requests for change coming from 300 Ocean Resorts, if we (the Board) should follow what we've always done, or try something new?" Mr. 301 Benton urged the Board to review the petition based on the established criteria of the St. Lucie County 302 Land and Development Code specifically exclusively looking at the unique characteristics or the 303 presented facts of this petition. 304 Mr. Jacquin followed Vice Chair Lowe's question with a question of if the adjacent property owner was 305 there prior to the deck being built, or was the deck built after the owner moved in? Mr. Benton replied 306 to his knowledge the property owner to the west owned the property site prior to the deck being built, 307 however they replaced the mobile home in 2017 which expanded the mobile home and provided a 308 closer proximity to the deck. The code case in violation of the deck began in 2018 roughly 8 years 309 after the deck was presumed to be constructed based upon aerial records. Draft BOA Minutes March 27, 2019 Page 9of15 310 Chairman Harris commented that if the variance is granted then the setbacks would be measured form 311 those (the deck) which would impact Lot 344 in the future taking away their area of building. 312 Michael Chesanek of 1450 Old Mims Road Geneva, FL 32732 was sworn in and stated reasons for 313 his request. Mr. Chesanek stated that his parents purchased this property in 1981, and built a home 314 in 2010 had to be built due to higher flood elevations. The deck was adjusted as well for entrance into 315 the home. The adjacent property owner's deck is elevated as well to accommodate the higher flood 316 elevations. Mr. Chesanek states that the adjacent property owner was aware of the variance issue 317 years prior due to the zero lot lines to the east of the property. Mr. Chesanek states that the adjacent 318 property owner has maxed her lot out and can no longer build or make adjustments. 319 Mr. Chesanek states that he is working with an engineer to fire proof his property and has met with. 320 The building official Mr. Gary Stepalavich. Mr. Chesanek states that Mr. Stepalavich has approved the 321 building material that he planned to use for the property and has no issues with how the deck was 322 built. Mr. Chesanek believes that the adjacent property owner desired a deck similar to his and he was 323 singled out because his neighbor could not achieve the same deck. 324 Mr. Jacquin and Chairman Harris asked about required 8 foot set back between the two structures 325 and the deck that jogs out from the existing CBS home then travels north for an amount of feet. That 326 area according to our Land Development Code all future setbacks will be measured from the elevated 327 deck. The encroachment reduces the amount of square footage available for development. Mr. 328 Benton confirmed. 329 Mr. Jacquin inquired about impacting Lot 344 from a safety standpoint and Assistant Attorney 330 Katherine Barbieri stated that Lot 344 was not originally apart of the application, they haven't been 331 noticed and did not concede to the variance so they cannot be listed in the motion. The Land 332 Development code allows for Mr. Chesanek to have a 4 foot landing. Mr. Benton confirmed. Mr. 333 Jacquin stated that he wanted the applicant to have a clear understanding of what is currently allowed 334 and what his options are. 335 Mr. Chesanek stated that Lot 344 has a raised deck as well with steps that have been in place. He 336 states that he is simply asking for a continuation of the deck and the front steps which are needed as 337 a life safety thing for fire. Mr. Chesanek states the only difference between the two structures is his 338 rear deck and rear door of the home. The difference between the front steps and the rear entrance 339 that the adjacent property owner doesn't have. 340 Mr. Jacquin responded stating that per the code, Mr. Chesanek is required to have a 4X4 foot landing 341 that can be at the rear entrance of the home with stairs that go down to the ground level. He explained 342 to Mr. Chesanek that he currently has a deck that's all same height, a side walkway that goes to the 343 rear deck. The code says if it is allowed to stay in place either 3 foot or 5 foot (depending on whether 344 it is fire treated or non -fire treated) the property line would need to be moved over and would impact 345 Lot 344 and would prevent buildability and impact the adjacent property owner. �L[: Draft BOA Minutes March 27, 2019 Page 10 of 15 347 Chairman Harris closed the public hearing 348 349 Mr. Jacquin made the motion: 350 After considering the testimony presented during the public hearing, including staff comments, and 351 the standards of review as set forth in section 10.01.02 of the St. Lucie County Land Development 352 Code, I hereby move that the board of adjustment deny the petition of Michael Chesanek for a variance 353 from the provisions of sections 7.10.16 F. 1. — Setbacks and 7.10.16 Q.1.a.1. (b) & (d) of the St. Lucie 354 Land Development Code to allow for a deck to extend within the required side and rear yard in the 355 HIRD Zoning District, because it would directly impact the adjacent property owner lot line. 356 Chairman Harris made an amendment to the motion: 357 To allow the deck along the northern property line immediately butting the north line of the trailer. 358 Mr. Jacquin disagreed and posed the question to Mr. Benton "If we allowed the 5 foot rear yard setback 359 and went with the current motion made, would Mr. Chesanek be allowed to keep the existing deck?" 360 Mr. Benton responded that Mr. Chesanek would need to modify the deck significantly. Staff provided 361 an exhibit which gives a visual of the possible changes Mr. Chesanek could make. To meet building 362 codes, Mr. Chesanek could add an extension with a minimum of 36 inches. 363 Mr. Jacquin amended the motion to deny the variance request to the west entirely, because it 364 needs to meet county code, and approving the variance request for the raised deck on the 365 entire north property line of lot 343 immediately adjacent to the existing seawall over or under 366 as long as it meets the code for fire separation distance of 3ft. from site/lot line for non- 367 combustible materials and 5ft. for combustible materials. 368 Vice Chairman Lowe seconded the motion 369 The roll was called: 370 371 Chair Harris Yes 372 Vice Chair Lowe Yes 373 Mr. Tommie Yes 374 Chief Foxx Absent 375 Mr. Jacquin Yes 376 377 378 AGENDA ITEM #5 — Board of Adjustment's continuance of the petition of Dianna Soldevilla from the 379 February 27, 2019 Public Hearing 380 This petition of Dianne Soldevilla was presented at the February 27, 2019 Board of Adjustment (BOA) 381 public hearing and was continued to the March 27, 2019 public hearing to allow staff to research the 382 additional information requested by the BOA. 383 The variance request is to allow an existing covered screen porch to encroach into the required 384 minimum 20-foot side yard setback by no more than 9.12 feet, providing a total side yard setback of Draft BOA Minutes March 27, 2019 Page 11 of 15 385 10.88 feet for this structure; and to also allow for the existing pool enclosure to encroach into the 386 required minimum 30-foot rear yard setback by no more than 0.45 feet, providing a total rear yard 387 setback of 29.55 feet for these structures, within the AR-1 (Agricultural, Residential — 1 du/ac) Zoning 388 District 389 The Board of Adjustment public hearing was continued for the following reasons: 390 To allow the applicant to provide any necessary documents to support her variance request. 391 Staff Response: Applicant has not yet contacted the Planning and Development Services 392 Department to include any documents relating to previous permits, code cases, or variances. 393 To allow County staff to research the history of any and all building permits, code cases, and previous 394 variances. 395 Staff Response: Staff has prepared a complete timeline of all previous building permits, code 396 enforcement cases, and variances. A timetable of Code Cases, Building Permits, and Variances was 397 provided to Board Members for review. 398 Based on the staff analysis included in BOA Memorandum dated February 5, 2019 and the additional 399 information provided, based on the BOA's review and questions on February 27, 2019, staff has 400 determined that the petition does not conform to a strict interpretation of the standards of review as 401 set forth in Section 10.01.02, St. Lucie County Land Development Code. The variance sought arises 402 from conditions that are not unique and do not qualify as a hardship as defined in the St. Lucie County 403 Land Development Code; the variance is in conflict with the goals, objectives, and policies of the St. 404 Lucie Comprehensive Plan. On June 19, 2014 Code Enforcement identified three accessory 405 structures that did not have the required permits. The applicant was notified and stated the structures 406 were existing prior to purchasing the property. 407 The Building Department also noted that the rear setbacks for these structures would be accepted. 408 However, in the event that more than 50% of the structures were damaged, any new structures would 409 need to meet the minimum required setbacks for the AR-1 zoning district. 410 On July 6, 2015 this Code Case was closed after receiving the necessary after -the -fact permits. 411 On January 27, 2016 the applicant was denied a variance by the Board of Adjustment, in order to 412 construct a pool enclosure and screen patio that would encroach into the minimum required side yard 413 setback. 414 On July 20, 2016 the Applicant applied for a permit to construct a pool patio, screen enclosure, and 415 rear porch. 416 The Building Department review included a notation on the approved construction plans that all 417 structures must meet the minimum required rear and side yard setbacks. Draft BOA Minutes March 27, 2019 Page 12 of 15 418 On August 16, 2016 the Building Department received a revised set of construction plans, which were 419 approved on August 29, 2016. 420 The plans noted that no structure or roof would be permitted on the patio located to the rear of the 421 single-family structure. 422 On November 23, 2016 a Form board survey was received and disapproved for not meeting the 423 minimum required rear yard setbacks. 424 On December 2, 2016 a revised form board survey was received, indicating the setback were satisfied 425 and approved by the Building Department. 426 On January 26, 2017 the permit for the pool patio, screen enclosure and rear patio received final 427 approval after meeting the required minimum setbacks. 428 According to the original submitted as -built survey of the screen enclosure, the screened pool 429 enclosure did not meet the minimum required 30-foot rear yard setback by 0.45 feet, and was 430 disapproved on November 23, 2016. A second as -built survey was submitted and approved on 431 December 2, 2016 showing the pool enclosure meeting the minimum required rear and side yard 432 setbacks. 433 According to the original construction plans submitted to the Planning and Development Services 434 Department, dated January 6, 2016, both structures (screen enclosure and covered patio) did not 435 meet the minimum side and rear yard setbacks and was noted on the site plan in red ink. A revised 436 set of construction plans was later submitted, showing all structures meeting the minimum required 437 side and rear yard setbacks. The approved construction plans also include a note stating "No structure 438 or roof allowed on this patio", per Lydia Galbraith, Zoning Specialist. 439 Staff is recommending denial of the requested variance to allow an existing covered screen porch to 440 encroach into the required minimum 20-foot side yard setback; and to allow for the existing pool 441 enclosure to encroach into the required minimum 30-foot rear yard setback. Staff has reviewed this 442 petition and determined that it does not conform to a strict interpretation of the standards of review as 443 set forth in St. Lucie County's Land Development Code Section 10.01.02. There is ample yard space 444 in the rear and side yard to place these structures while complying with the required minimum building 445 setback requirements. The applicant is requesting the variance to allow for the existing structures to 446 remain and to be permitted for an after the fact permit. 447 Chairman Harris opened the floor for discussion and questions for staff. 448 Charmian Harris stated that the main issues are the pool deck and screen enclosure. The pool deck 449 does not need a variance because it meets the setbacks based on the last survey provided by staff. 450 The main issue is the roof and screened area along the side setback the northerly corner of the existing 451 structure. Draft BOA Minutes March 27, 2019 Page 13 of 15 452 Vice Chairman Lowe questioned if the screen issue was listed in the publication distributed to 453 surrounding property owners. Staff responded yes. 454 Ms. Soldevilla of 7017 Gullotti Place, Port St. Lucie, FL. 34952 was sworn in and gave reasons for the 455 request. Ms. Soldevilla states that her she was not here in (Florida) when her home was being built. 456 She lived in Tennessee at the time and traveled back and forth. Ms. Soldevilla relied heavily on her 457 surveyor to assist her and asked for him to be allowed to speak. 458 459 Alexander Piazza of 5416 Palmetto Drive, Ft Pierce, FL 34982 was sworn in and gave reasons for his 460 support of variance request. Mr. Alexander states that his company did an original survey in 2009 of 461 Ms. Soldevilla's home. He was contacted by Kallkell Builders to create site plan, build and see the 462 project through to the end. Mr. Piazza stated that Kallkell builders asked him to move the building 8 463 feet north. He revised the site plan to be resubmitted, notating changes, but was not directly 464 responsible for it being turned in. Mr. Piazza stated that build matched his floor plan at the time and 465 he didn't return to the property again until 2018. Mr. Piazza created site plans for the pool as well and 466 claimed that none his plans were built properly. Mr. Piazza states that Ms. Soldevilla had to pay him 467 multiple fees for services because of the building of her home being incorrect. Mr. Piazza maintains 468 that he created the correct site plans and submitted to the builders, but is unsure if they were turned 469 in to be permitted. 470 471 Mr. Jacquin asked Mr. Piazza if there was a variance request submitted. Mr. Piazza stated that neither 472 himself, nor Ms. Soldevilla requested a variance at that time. Mr. Jacquin asked what the setback 473 should have been on the house. Staff responded that it should have been 20 feet. Mr. Jacquin noted 474 that the home is off by 2.1 feet. Mr. Jacquin stated that someone knew it was off sequentially and 475 added the pool after the fact. 476 477 Vice Chair Lowe questioned if the roof was an issue on the home. Chairman Harris stated that on the 478 roof on the screened in area is unpermitted. 479 480 Ms. Soldevilla states that her home was planned in her mind for a long time, that this is her forever 481 home. The home was built in the wrong location unbeknownst to her. She was tricked and in a 482 vulnerable state and trusted the architect and builders to do their jobs. 483 484 Ms. Soldevilla stated that her home was built in 2010 correctly to her knowledge, and 5 years later in 485 2015, Planner Jim Johnson came to her saying that the County made a mistake in letting her home 486 be built 3'/2 feet into the encroachment. Ms. Soldevilla stated that Mr. Johnson told her that the County 487 would do a variance for the home and that she didn't need to do anything, that the county would 488 complete variance application process. 489 490 Ms. Maria Gryner of 7020 Shanas Trail, Port St. Lucie, FL. 34952 was sworn in and gave reasons of 491 she's against the request. Ms. Gryner reiterated that the house itself was in an easement and Ms. 492 Gryner spoke on behalf of Ms. Soldevilla to keep her house as she didn't expect Ms. Soldevilla to Draft BOA Minutes March 27, 2019 Page 14 of 15 493 move her home, but requested that nothing else be built there because the existing home was 494 grandfathered in. 495 496 Ms. Gryner stated that Ms. Soldevilla's request was denied previously and if we are becoming a 497 lawless society that allows someone to do something when they are physically and emotionally told 498 not to and they do it anyway, then there is no need for Planning and Zoning, Building Departments, or 499 Code Enforcement. It was clearly denied and built anyway. Ms. Gryner asks that the Board not reward 500 bad behavior by allowing this to continue. 501 502 Randall Barkley of 7017 Gullotti Place, Port St. Lucie, FL 34952 was sworn in and gave reasons of 503 support for the variance request. Mr. Barkley stated that after the last variance was approved allowing 504 for a back porch deck the previous planner Jeff Johnson, told Mr. Barkley and Ms. Soldevilla that they 505 could not put a roof over the porch, but if they did no one would see it and it wouldn't encroach any 506 further beyond the allowed deck. Mr. Barkley stated that Ms. Soldevilla is allergic to mosquitos and 507 need the enclosure to protect her from the wildlife. Mr. Barkley stated that they are not trying to get 508 away with anything, an engineer has been hired and they have documents to say it meets code from 509 staff and they will be submitting permits once they receive the variance. 510 511 Mr. Tommie asked for the graphic of those in support and against the variance request in the area. 512 Mr. Barkley stated that there were no neighbors against it, and that the neighbors to the north spoke 513 in support of Ms. Soldevilla would be effected the most. Mr. Barkley stated that Ms. Gryner's live on 514 the next street and have an acre and quarter lot behind them that buts against and is completely 515 wooded so he doesn't understand how they would be effected. 516 517 Mr. Tommie asked about the distance of the Gryner's residence from Ms. Soldevilla. Mr. McCrain 518 explained that it abuts against the west side at adjacent diagonally, they aren't directly behind the 519 property but, the corners of their properties touch. 520 521 Chairman Harris stated to Mr. Barkley Mr. Jeff Johnson's name continues to be thrown around but Mr. 522 Johnson isn't here. Chairman Harris read a note from Mr. Johnson, "The document says 11 foot to 523 patio only, not incorporating the pool screen area", ok per Jeff Johnson. Chairman Harris read an 524 additional note written by Lydia Galbraith "No structure or roof allowed on this patio. Open patio only" 525 Chairman Harris re -iterated that the instructions pertaining to the patio were explicit. Mr. Barkley 526 responded that he doesn't understand how it would affect the encroachment issue since it goes 527 straight up. 528 529 Mr. Jacquin stated that Ms. Soldevilla had been up before the board once, and was denied. The 530 instructions were clear and now Ms. Soldevilla is asking for forgiveness at this point. 531 532 Ms. Soldevilla stated the 8 year she lived in her home she was unaware of the encroachment issue. 533 Jeff Johnson came to her and relayed that information, telling her that her home was built incorrectly 534 and the county did not count it. Ms. Soldevilla planned on putting the pool in a different location, and Draft BOA Minutes March 27, 2019 Page 15 of 15 535 admits to breaking the rules by building the roof. Ms. Soldevilla states that Jeff Johnson directed her 536 to put the pool on the side and the deck in the back and that she also worked with Melissa Brubaker 537 to do a lot line change. Ms. Soldevilla stated in response to Ms. Gryner "They're encroaching us, we're 538 encroaching them, and we don't care. It's a wooded area, who cares?" Ms. Soldevilla maintained that 539 she needs her porch screened. 540 541 Chairman Harris closed the public hearing 542 543 Mr. Jacquin made the motion: 544 545 After considering the testimony presented during the public hearing, including staff comments, and 546 the Standards of Review as set forth in section 10.01.02 of the St. Lucie County Land Development 547 Code, I hereby move that the board of adjustment deny the petition of Dianne Soldevilla, for a variance 548 from the provisions of section 7.04.01 (table 7-10) lot size dimensional requirements, of the St. Lucie 549 County Land Development Code to permit an existing covered screen porch to encroach into the 550 required 20-foot side setback by no more than 9.12 feet, providing a total side setback of 10.88 feet 551 based on the fact that she had prior knowledge and did not act in accordance to the code. 552 553 Mr. Tommie seconded 554 The roll was called: 555 Chair Harris Yes 556 Vice Chair Lowe Yes 557 Mr. Tommie Yes 558 Chief Foxx Absent 559 Mr. Jacquin Yes 560 OTHER BUSINESS 561 2/27/19 BOA meeting minutes are to be voted for approval at 4/24/19 BOA Meeting 562 563 ADJOURN 564 Having no further business, the meeting was adjourned at 11:26 am. 565 566 Next Agenda Item- 4/4/19 567 568 Garnett Residence Variance Draft BOA Minutes March 27, 2019 Planning and Development Services Department Planning Division MEMORANDUM TO: Board of Adjustment THROUGH: Mayte Santamaria, Assistant Director of Planning & Development Services Linda Pendarvis, Planning Manager FROM: Jodi Nentwick, Senior Planner DATE: April 24, 2019 SUBJECT: Petition (No. BA-3201915491) of Bobby E. Garnett for a variance from the provisions of St. Land County Development Code Section 7.04.01 Dimensional Requirements, , to allow for the development of a single-family residence with a second story covered balcony/patio to exceed the maximum 35 foot building height requirement by 7 feet. ITEM NO.: III LOCATION: 12331 S. Indian River Drive ZONING DISTRICT: RE — 2 (Residential, Estate — 2 du/1 ac) FUTURE LAND USE: IRS (Residential, Suburban) PURPOSE: The purpose of this variance is to allow for the development of a single-family residence to exceed the 35-foot maximum height requirement by seven (7) feet. EXISTING USE: Vacant Single Family Residential UTILITIES: Sewer -Private Septic System Water -Private Well SURROUNDING ZONING: RE-2 (Residential, Estate — 2 du/1 ac) Zoning District surrounds the subject property in all directions, except for west. The west side of the subject parcel is within the Florida East Coast Railroad (FEC) ROW and R/C (Residential/Conservation) ROADWAY IMPROVEMENTS: None Board of Adjustment Garnett Residence (BA-3201915491) April 24. 2019 Page 2 BACKGROUND: The request is a variance from the provisions of Land Development Code (LDC) Section 7.04.01 which regulates building height for property within the RE-2 (Residential, Estates - 2du/1 ac) Zoning District. The LDC states no structure shall be constructed greater than the maximum height requirement shown in Table 7-10 for the Zoning District in which it is located, which is 35 feet for the RE-2 Zoning District. Further, the LDC Section 7.04.01 states that the minimum first floor elevation of all residential buildings shall be elevated a minimum of eighteen (18) inches above any adjacent roadway for properties lying outside of a Special Flood Hazard Area. The subject property is outside of a Special Flood Hazard Area in Zone X. The petitioner is requesting a variance to construct a two-story, 960 square foot on the first floor (habitable), and 960 square foot on the second floor (open non -habitable covered balcony/porch) single- family residence that exceeds the maximum height requirement by 7.0 feet. LDC Section 7.04.01.C.1.(c) requires the minimum first floor elevation of all residential properties lying outside of a Special Flood Area to be elevated a minimum of eighteen (18) inches above any roadway. The adjacent roadway for the subject property is Indian River Drive, which is approximately 637.67 feet from the subject property. To calculate the height of the residence, the elevation of Indian River Drive is utilized, which is 18 feet, plus eighteen (18) inches above the crown of the road with an overall elevation of 19.6 feet. The maximum height for the RE-2 zoning district is 35 feet. By adding the road elevation of 19.6 feet and the maximum height of 35 feet allows an overall maximum height of 54.6 feet. The maximum height of the proposed structure is measured from the proposed finish floor elevation of 36.2 feet on the subject property, and adding the overall height of the proposed residence of 25.4 feet measured from the Mean Roof Height (MRH), with a total building height of 61.6 feet. The structure exceeds the maximum 35 foot building height requirement by 7 feet. LDC Section 2.00.00 defines Building Height as "The vertical distance between the minimum finished grade and the highest finished main roof surface in the case of flat roofs or shed roofs, the deck line of a mansard roof and the average distance between the eaves and the ridge of sloped roof with pitch greater than a 4:12 ratio. For the purposes of this Code, minimum finished grade shall be that elevation, for both residential and nonresidential uses, required to meet minimum flood protections." Board of Adjustment Garnett Residence (BA-3201915491) April 24, 2019 Page 3 FIGURE 2.11 BUILDING HEIGHT EXAMPLES GABLE /HIP ROOF DESIGN MANSARD ROOF DESIGN m ...w ..r uv BUILDING HEIGHT a .ww. wo. ram BOLDING HEIfiHT SHED /FLAT ROOF DESIGN IL01111 �\ BUILDING HEIGHT J / . . l•\ .cam' ['!' 1� $ // ' � pe� ' 'ce.�r�n\ / INA .. .-. � .. ....,a' / � \( �v i/tom/r('0° ` ,�P` './��•` � / C� 41 P Board of Adjustment Garnett Residence (BA-3201915491) April 24, 2019 Page 4 Image The Miller Subdivision consists of six (6) single family lots platted in 1926 (Plat Book 6, Page 48). The lots sizes range from 2.78 acres to 8.06 acres. Based on the plat, the lots frontage is Indian River Drive and the rear of the property is adjacent to the FEC. Overtime, the lots have been subdivided and a fifteen (15) foot reciprocal easement (Recorded Book 964, Page 2085) was established which provided access to the subdivided lots. The easement was not built to county standards and is not considered a road as defined in the LDC. 2.00.00 — Definition for Road. The term "road" includes streets, sidewalks, alleys, highways and other ways open to travel by the public including the roadbed, right-of-way and all culverts, drains, sluices, ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels and viaducts necessary for the maintenance for all ferries used in connection therewith." The lot frontage for the subject property is 100 feet in accordance to the RE -(Residential, Estate- 2du/lac) Minimum Lot Size and Dimensional Requirements. The subject property is considered a nonconforming lot of record and this requirement has been waived. Board of Adjustment Garnett Residence (BA-3201915491) April 24, 2019 Page 5 image cuppea trom the survey snowing cne recoraea easement The following table provides the minimum lot and dimensional requirements for structures in the RE-2 Zoning District. Minimum Lot Size and Dimensional Requirements Table 7-10 Lot Size and Dimensional Requirements Min Lot Min Lot Min Road Minimum Yard Max Lot Zoning District Size (sf) Width Frontage e Covera g Front Rear Side RE-2 Residential, 17,500 100 30 25ft. 15ft. 20ft. 20% Estate — 2 du/1 ac 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. Board of Adjustment Garnett Residence (BA-3201915491) April 24, 2019 Page 6 The requested variance is a result of conditions that are unique and peculiar to the land and structure due to the natural grade and topography involved. The height of the home is measured from Indian River Drive which is approximately 637.67 feet west of subject property. Indian River Drive elevation is significantly lower than the natural finish grade of the subject property. 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 the adjacent public streets, increase the danger of fire, or endanger the public safety. The surrounding properties are of similar size and are zoned RE-2, 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. The requested variance is not needed to make possible the reasonable use of the land. The RE- 2 (Residential Estate — 2) zoning district allows a 20% maximum lot coverage by buildings. In this particular case, the petitioner is proposing a second story non -habitable open porch/balcony. As proposed the lot coverage for building is 960 square feet, which is less than the maximum 11,151 square feet that is allowed. The home could be redesigned to fit into a larger footprint and stay within the 35ft height limitation. 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 deviation to the 35ft maximum building height is not entirely in conflict with the Land Development Code, as it does allow variances to be granted up to a maximum building height of 42 feet in the RE-2 zoning district. The applicant's request to depart from the height requirement is to achieve a desired 2-story home design with a second floor (open non - habitable covered balcony/porch). 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, convenience and general welfare. The variance desired is opposed to the general spirit and intent of the St. Lucie County Land Development Code, Section 7.04.01 for the maximum height for structures, with the purpose to preserve and improve visibility and uniformity, as well as the overall appearance to the neighborhood. RECOMMENDATION: The variance sought does not arise from conditions that are unique and do not qualify as a hardship as defined in the St. Lucie County Land Development Code. Staff has reviewed this petition and determined it does not conform to a strict interpretation of the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. Staff is, therefore, recommending denial of the requested variance. Suggested motion to recommend approval/denial of this requested variance. Board of Adjustment Garnett Residence (BA-3201915491) April 24, 2019 Page 7 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 BOBBY E. GARNETT, FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01.C.1.(C) MINIMUM BUILDING/STRUCTURE ELEVATION REQUIREMENTS, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO PERMIT THE DEVELOPMENT OF A SINGLE-FAMILY DWELLING TO EXCEED THE MAXIMUM HEIGHT REQUIREMENTS BY SEVEN FEET MEASURED FROM INDIAN RIVER DRIVE ROADWAY ELEVATION WITHIN THE RE-2 (RESIDENTIAL, ESTATE — 2 DU/1 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 BOBBY E. GARNETT, FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01.C.1.(C) MINIMUM BUILDING/STRUCTURE ELEVATION REQUIREMENTS, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO PERMIT THE DEVELOPMENT OF A SINGLE-FAMILY DWELLING TO EXCEED THE MAXIMUM HEIGHT REQUIREMENTS BY SEVEN FEET MEASURED FROM INDIAN RIVER DRIVE ROADWAY ELEVATION WITHIN THE RE-2 (RESIDENTIAL, ESTATE — 2 DU/1 AC) ZONING DISTRICT, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC). 70 J-t z-V W , no? 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.stiucieco,om/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 rcheck each that applies Site Plan Rezoning' ❑ Major Site Plan ❑ Rezoning (straight rezoning) Ll Minor Site Plan _J Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 Major Adjustment to PUD/PNRD/PMUD _l Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan 1 Comprehensive Plan Text Amendment Minor Adjustment to Minor Site Plan Other Minor Adjustment to PUD/PNRD/PMUD D Administrative Relief Planned Development ❑ Class A Mobile Home s Planned Town or Village (PTV) f; Developer Agreement (Submit per LDC Planned Country Subdivision (PCS) 11.08.03) u Planned Retail Workplace (PRW) G Power Generation Plants Li Prelim. Planned Unit Develop. (PUD) ❑ Extension to Development Order ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Historical Designation/Change° ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Land Development Code Text Amendment' U Final Planned Unit Develop. (PUD) ❑ Plat 11 Final Planned Mixed Use Develop. (PMUD) ❑ Post Development Order Change ❑ Final Planned Non -Res. Develop. (PNRD) ❑ Re -Submittal # e Conditional Use' ❑ Shoreline Variance ❑ Conditional Use ❑ Stewardships - Sending/Receiving ❑ Major Adjustment to a Conditional Use ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Minor Adjustment to a Conditional Use ❑ Transfer of Development Rights variance' ❑ Waiver to LDC/Comp. Plan Requirements s ❑ Administrative Variance ❑ Appeal of Decision by Administrative Official19 Variance ❑ Eminent Domain Waiver" ❑ Variance to Coastal Setback Line 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, B. 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 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) O CONCURRENCY FEE. $ (B) -1 ERD REVIEW FEE: $ (C) ❑ UTILITIES $ ❑ PER ACREAGE CHARGE: $ (D) G RESUBMITTAL FEE: (if applicable) $ (E) OTHER $ SUBTOTAL OF BASIC FEES: $ 1 PRE -APPLICATION MFFTING 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 a $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 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 Meeting Request Name Page 2 of 6 Revised March 15, 2016 Submittal Reouirements 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. AI pplicatlons must include the following: Application, completed in black ink, with property owner signature(s) and notary seal (1 original and copies) r 1 serial Photograph — property outlined (available from Property Appraiser's office L; Property Deed Legal description, in MS Word format, of subject property' Property Tax Map — property outlined (electronic copy not required) FCD ey (24x36) s of all documents submitted - with files named according to the Required Naming List. (,attached) currency 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. 'ASite Plan and Planned Development Applications must also include: ❑ Site Plan 24"06" at a scale of 1'=50' (12 copies- folded, not rolled) t: tt Boundary Survey (24x36) — 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)) Ll 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) • 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 C. Approved Site Plan and copy of approved Development Order ❑ Plat - Include extra copies of Plat for applicable conditions of approval (3 Original Mylars Needed for Recording) '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 March 15, 2016 Project Information Project Name: 6A"JC- Ij SiN(4L.k Site address: 17 33 I S .-NDIA✓ Al y64 l�(L Parcel ID Numbers) - — — Ll,6bLl - 6G2 023 -C200 Legal Description: (Attach additional sheets if necessary - also must be provided in MS Word format on CD) FEF- 1-5 S6 T441" PA2T OF [oi fj LY6W 6F 1NIO I?lv M AtPlbif, RG6 AT 7Atro,:: S Lt Lo7' /Y 41v3 E Vw FtC /ZR, TNNi�)Ly Ai,6 SD R/w 2t1 y cl 7U Sw Cat tc; I%,TV NFL} A 1 6 .5 Lu L-or /9.1k1. Th S 25' r7c(, 36 M+N 32 5rc F_ 1%7, 13 Fi it 6 c/ ccT I 714 Swc y At G Go; a a8.3. 81 /=r xPoe _01 ) 8 rc Z D4 -;9 3 -? 8-6 -6 2 3 Property location - SectionRownship/Range: Property size - acres: /, 2 y r� Square footage: Future Land Use Designation: R E - Z — Zoning District: S c ". - __ <- Cc 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 fk Residential No, of residential units: Existing No. of subdivided lots Existing Q El Other Please specify: Number and size of out parcels (if applicable): Page 4 of 6 Revised March 15, 2016 Proposed: _ Proposed:_ — Proposed: _b_____ Proposed__. i SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. Aii 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): BusinessName: ( W,,,�r 3 t L t)t=((- Name ;� �SLSL_Sa�� rZ--------- Address: J 8 J- y iKCS JbA/ e i LAk-F cookTf+ Fc ?SV (Please use an address that can accept overnight packages) Phone: Fax: Email: Agent Information: Business Name: Name: Address' (Please use an address that can accept overnight packages) Phone. Fax Finail. Please note: both applicant and agent will receive all official Property Owner Information on this 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. -T Property Ownar Signature ?roperty Owner Name (?nn;eOJ Mailing Address: L3a f 1b4/ c T Phone: If more than one owner, please submit additional L h k. E pages STATE OF /r <ti COUNTY OF 4 G1 (4 ne this _-0 day of IAA.Vq , 20JJ_ oho is personally known to me or who has produced 3s identificatipn. nkt `ype or Pnnt Nam ?f NQUa Seat) Page 5 of 6 Revised March 15, 2016 • 'e, UNA URQL r`•'• ,.�� • _ Nalarp Public - state of Fiorida �' •. Conm;Ssian k FF 921971 s °„ f'Y COMM Expires Sep 27. 2019 Page 6 of 6 Revised March 15, 2016 Legal Description FEE'S SD THAT PART OF LOT 19 LYGW OF IND RIV DR MPDAF: BEG AT INTOF S LI LOT 19 AND E RAN FEC RR, THNWLY ALG SD R/W 211.9 FT TO SW COR LOT 18, TH NELY ALG S LI LOT 18 282.81 FT, TH S 25 DEG 38 MIN 32 SEC E 183.13 FT TO S LI LOT 19, TH SWLY ALG LOT LI 283.81 FT TO POB (1.28 AC) (OR 3776-2854; 3786-623) nning & Development Selvdvolement 2 i'"Ail 0 X 2019 Variance Application Supplement Refer to St Lucie County Land Development Code (LDC) Sectidr Q etails 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.) - � OL- O 1 - L_O S ( Ze un� (eau ?!en,, '.y -'c 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: 3. State the specific hardship imposed do the owner by the LDC? bf-t- 1u /vG+4\�' l 5 r� b- Ore. er g 4�V- x ct+� &c,A -tom rd-� IS / F- 410- �- si16w s4-�A 2 sk7 h 4. State reasons why this hardship is unique to the owner and why other property 16ci}a, f� similarly situated does not suffer from the same hardship. }invkc b '-- t� /5 56 goo G�vI w-� S+ sC' 5�� I"S C' X l rS h pn rtA-c7 (i 4 4t(. LS f 4(3"J e vk 5�State reasons whhthis variance will not be injurious to other property and/or ,y improvements in the neighborhood in which pthe subject property is located. Fw- �ti I6� aGGGS 5 Uwe h n q I i S /t R-t �'IS ,j % 6. State reasons why this variance will not increase traffic, the danger of fire, or impair 0 property values in the neighborhood in which the subject property is located. L Ian (S S Sj� a 2 /+ 0 �+�c rc/.�.,�..�1 S ✓t4f 2 Jrc Yi( 0 156�J. 1a1 ,4,e� � � I�'-L State why this variance is the minimum variance ht will make possible a reasonable use of the land, building and structures. Page 1 of 3 ! r f Revised: February 5, 2013}L�Jy V Itc-wS Oyu S+A fLS, Supplement 2 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. / 4t, ' ho -- w-OAL �L' C u-1� _ S i— _w4 r^ 1t—sr.,4 Is this variance request Iwithin a Homeowners or Property Owners Association? YES NO If yes, then letter is required. For any variance request within n 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 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 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. Applicant or Agent Name (printed) 'gn Lure Planning & Development services 'MN� 0 17019 Page 2 of 3 Revised: February 6, 2013 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.) 1. 04 . 01 - LOT 512E yx q U4i FNSI uNRL �eV it 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: To RL'cow Ero1L- } Z Si+t-y 1+4"'C= T° �F4 6v iLi c/i A Lc i Thai HA% A /h@A,N F-LE✓/t,rv✓ l7' f}/,o.r T4F c(Lo. uF T4a- IVEARFsf /ItvA,,c.,P6r I&A ii 3. State the specific hardship imposed on the owner by the LDC? bue- i� yQAe- cn�- Sk>Q<- of tle— gfe45 -bpa,(caPhll k14%) T E b1STA,✓LF F2o4M 14& fZoA0 9G-,fJt JSCO Fof i-L�vftila THC LAG IpEs NQr At_�ca.v FAQ, A Z 5-N, �jo h�• 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. 7-#C #amE biQGcT LY 4J4(G--,ji 8-ITT i.N 1v96 (RT S,vME 6FAof DO es v=r SQFFtQ Flee . 'Th,s hA¢"t1le 4,00 THE_ Vn,-AvF�iess of;r T#1S CU+J0lMi#, PrcP"h� does Nei 1 x,sr" AN{. tt Pf- 6Lsf 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. Ng1,F 71r6 #1k)#e s ofv T l,F— Srer--F s R(—(— 2 s +--'/ s A,vo Th15 5f W,Lt ,uu- QLcuc Lf6F{T ofZ 16.wS f-2vA, N4)6,g1fc,eS 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. 7hE L-i 1S RL4EA0V 6LLc.-�Czr7 7?J ifhrA A HLJSr_ c^" 1T 50 -F^ S+'t> D"-,s 400 .Vd Cx ¢A• 7aA!-Fis PJJ4r) A S,i,,&LJL FijCC 2E rc vV< IS /111/2 IuR- z Sf-y J%.MIrh pooie s,,v. 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. W1T4o�r VAL1AA/CG 11( Q2c,,Oe27y iJ,tA- 1vr,7 S Pee, a, rtN. SAMF- 4LLO. A,rc,:5 JJfAT CvF(Ly aTME/L Q(LUnE2iy 19 AL Low I) Page 1 of 3 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. Sf C k)(-I CUJnty ¢Pp (_QA1(J1'< ile✓151Yc P/4n 15 icel ItI4 / h Jr o, vn•Fo��/ kfc f Qh� /CeC� /� y�- cu.n, Mvn;�S G!'c_ A a ho1.c Afs ,1t W- vh5>< is y//o vcd 9. Is this variance request logated, 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 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 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 Page 2 of 3 Revised. February 5, 2013 11.lM.art.nl PrnprN "t aW Charlotte M. Walters St. Lucie Titla Services, Inc. 900 Virginia Avenue, Suite 47 Fort Pierce, FL 34982 Nn ul 11) A.mhuo Warranty Deed This lsdento", %u&63 loth d"M August .2015.a.1>. Between Terry W. English end Patricia 1. Kennedy, both single adults di Om Co•nnv m Franklin A:w or North Carolina , grantors, u.d Bobby E. Garcwrtt nl..� site, n 2824 Boston Court, Lantana, M 33462 or m. C..w1..1 Palm Beach lour er Florida , grauter. Witnc55fth h. 1h GRn#HHll. he,w mn.,:i�a:nsn una. nnm nl ________________________TEN DOLLARS ($10)----- ..----------------- 00c. RS a m. pea ea .y.Jy, nn•idrwian w ('M\\I•ai. a V: rad M GMT 10_ aw we1..bei r. Mnb atwa64a.4, a..a rr.nnd, hrtwwd and Wd a W, and Cok N%I LI.:N dM \\ I Ltl L.— .,....,... wa —4h.a..c,a Llbrwie.ksrMd W Wa w. I.Ir.nJhspwA teen of St. Lucie 4xm Florida nei Paccal 1: Beginning at a point South 59'31'19" Nest, a distance of 637.67 feat free where the Southwest right of way line of Indian River Drive intersects the Southeast property line of lvt 19, Pee Property, according to the sap or plat thereof, as reaor in Plat Hook 4, Pagets) 44, Public Records of St. Lucie County, Florida end extending thence; 1. South S9'31'19e West, a distance of 283.81 feet to a monument being the Northeast right of way line of the Florida East Coast Railroad, thence: 2. North 25038r32'• West along said Railroad right of ray, a distance of 21.90 feet to the Southeast line of Lot 18, of said Subdivision, thence; 3. North 65'20.19- East, a distance of 282.85 feat along said Southeast line of Lot 18, to a point, thence; (Continued on Attached) y.i A -...e. Ju let IwfulA e...au J.mk a :...d Iy.l. aK ne hi,Al M .aar 1 hneJ ,Iwn, of fi l..v. wMnisae,er In \YitaeSa Wheriaf,,rc �.en,. r.. t,aan „( rho Ivul, .� _+. dr a,. a,a •:.Q ew 4.nr «,eta Signed, uskd and dtlittred in our prex c Printed Nt+•e. pnu.H !%Y!<( Terry W Englis W}tllnss ./.. ✓`n}^!.ladJ/rc-. 'Ri CYOawwA 0: t oi.bn,M V � -• n � a Printed Wae: G-�Yn.. /+` '✓.r. r./' Patricia I. Kennedy Witness RO. iJhb•. Hd Cllanrv„WfnMe, nu.Tura, It 114, STATE OF Worth Carolina COUNTY OF=rnr.¢.t•.1 __ IN is,'. tllw. .e Ae-k4P4 '•v6.. s.: Ai, ;NI do nr August , 2015 by Tarry W. English and Patricia I. Kennedy xim n�orn.a•vn, an•n.am.w or..na nn.. enam lr,•:r [4:'. �>iNye l..ad(iI�SQ-S a.,aa>rar n.a, (j "tIj PrinteQ War: (�;I (.LL.a:•l:. 4'r�tt.��l11eZ. Notary Public hACagE MARRJa2 \ry 1'r.ia•:rr l.re. i{'1 Lc %1n L\, "[.:;i `f' RM, fuhr" ftmmm county nx.b Cvnf.t gt Cests..EAsc. 'V'2o;e 15717 ,.. o... n.... ... i.,a............. Warranty Deed . Parr, 2 Ned In %.W, 4. South 25'38'32- East, a distnnco of 183.13 feet to the Point and Place of Beginning. Parcel 2: Beginning at a point where the Southeasterly right of way line of Indian Rivor Drive intersects the southeast Property Sls, of Lot 19, Fee Property, according to the cap or Plat thereof, as recorded in Plat. Hook 4, page (a) 44, Public Records of St. Lucie County, Florida, and eatanding thane; 1. North 32'30'30' east, a distance of 30.0 feet to a point, thence; 2. North 59'31'19" East, a diaranco of 75 East t/-, to the waters of the Indian River, thence; 3. Meandering in a Southeasterly direction along said waters, Is distance of 30 fast a/-, to the point of Intersection vitb the South lino of II.ot 19, thence: 4. South 5V 31.19" Neat, a distance of 7S feet /-, to the Point and Place of Beginning. Parcel 3: An undivided 213 intereat in the following: The North 15 foot lying East of the Florida East Coast Railroad right of Way of the following described property: Lots 1 and 2, Miilai'a Subdivision, according to the eap or plat thereof, as recorded in Plat Bank 6, Page(s) 48, Public Records of St. Lucie County, Florida. The Property herein conveyed is vacant land and DOES NOT constitute the HOMESTEAD Property of the Grantor. The Grantor's HOMESTEAD address is 205 Cliftonwoods Drive, Louiaturg, NC 27549. Property Identification Ownership Legal Description FH K r 7 F �S U, - 1, Current Values Total Areas St. Lucie County Land Development Code Section 3.01.01 Zoning Districts G. RE-2 RESIDENTIAL, ESTATE- 2. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum gross density of two (2) dwelling units per 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 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. Bed and breakfast residences - Subject to the requirements of Section 7.10.20. (999) b. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) c. Telecommunication towers - subject to the standards of Section 7.10.23. (999) Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and including the following: a. Guest house subject to the requirements of Section 7.10.04. (999) b. Horses, subject to the requirements of Section 7.10.03. (999) C. 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 SCc ioi, 7. 10, 1 o (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 II 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 II 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 VIL e. 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. 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. �x JL U b E � � (Jy N N N N N N a .. E a =a 0.1Z •Eat - E m C 00 Z v� �n vi o 0 0 0 a 4 z z 0 0 0 o 0 0 0 0 0 0 o o o O O O O O O O O O O O O O M M M M M O N N O N N O N N O N N O N N N N N V1 yl � V1 Vl A V1 Vl ,9 yl y) D to M oD oq a V1 V] Vl V] vl vl h vl h h : Vl Vl Vl N N N N N O O O O O O O O O O O O O O O O O 00 O O O O O O O O O O O W 0 06 : o z w F F< �Tw G a a N N N N vi vt : N N vi vi N vt �. <t vl vl 'n vt N N N N O O O O O O v1 vt h C7 z O V U w z w c w o w c z z z x U a U ¢ U d z v Q � C O M M U O O V M O V O O O C G O � U C O O O C O O UD C O � N N '✓] Vl � � E Lij ✓) V) V] U o0 C � ro c � D C V O O ^ O r O U N ti U V) ...... ._. v." vi C O O `p W U I O _G E O Vi o zCAx ¢ �cr w �z a w Fz z w W az z w a as CA v 4 W ccLn a � a -o N 7 to 3 o � L c aKi d Y a a a x p cn 'D i F T � c v; U E ro '� a m cki L tJ N V F .E p F U F T E O b4 Q d C -O YO F � c O U Y 7 o E F O cFtl U U U CG �- c R i lFtl F L 'V U 47 b. 0 E c U A V � p, Y >' .Y' o ti L o� F c c U T N E U w 7 p O O C O d E U O o bFq - tV ECA U cFtl CIO N .F- GS �:. > U O Y OF FO O p E O N O � N p p> m y Cd O E" v ° E cc w U U U i U C N c E w E p c E b L E d U v u 0 C E F to .— .� 0. O E ctl U b F X F FO In G N M O L O U Y E �? F Qt^ O' p T w _ ... FM 'ln .� � � VO w �=• id Q. N J N U ''7 W w 'O F ro E U R in O Q L y 0 F U O E U ctl E c z C F ti v p by E_ R _ E s 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 (120%) of that permitted by Table 1 in " ;,; ",, ; 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 z _ 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 _ , 3. Permit a variance from the provisions of ' _I', 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 S, ..� ,_ ' _', 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 ,: i 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 `tic1 '2fir , 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 ...7 1n� !;)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-1, AG-2.5 and AG-5, if the application is to] - 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 ' �, , =��J, 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 :; „r of 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 _ _' - . In reviewing the application for variance approval, the Board of Adjustment shall use the standards in 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 .a� �; !it, 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 `jcc ,)> 'r.Ji {(F). 10.01.06. - Extensions of Variance Approvals. The time limitations imposed on any Variance by _.(;,�(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 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 I aw. BA-3201915491 Garnett Variance 0:1WO, Location st U) Orange Ave = ' Virginia Ave YU T Okeecr°bee Midway Rd a, �s Walton Rd e� as Port St Lucie Blvd a c N 0 W. E U S N O3 c0 O N O N 0 o o N Q (p n: Q. U c9 of m fn N LLI d' - E cu t6 LL LL L� N C m m N LU N N Q' C .0 C '�6 fn w N N N L ,V Lo � �� N N � `RN�RtoR Lh m � C a 0 � U aC)cn C: U o in tAl a co ERP�� Ng�PG > �N J Planning Division ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS UNDA BARTZ CHAIR DISTRICT 3 CATHYTOWNSEND VICE -CHAIR DISTRICT 5 CHRIs DZADOVSKY DISTRICT 1 March 22, 2019 Bobby E. Garnett 2824 Boston CT Lantana, FL 33462-3878 RE: Garnett, Bobby Variance File No.: BA-3201915491 Dear Mr. Bobby Garnett: Enclosed are the Public Notice sign requirements, sign content, affidavit and invoice required for the above petition. The "Sign Content Form" indicates the exact wording required for the sign. The "Sign Requirements Form" specifies the required color, size and height dimensions for the sign as well as the requirement to locate any underground utilities that might exist on the property at least 3 days prior to digging by calling 811 or 1- 800-432-4770. The attached affidavit must be signed, notarized and returned to the SEAN MITCHELL DISTRICT 2 Planning and Development Services Department —Planning Division along with payment and two electronic photos of the sign (one close-up depicting the sign's content and one far away showing the sign's location on the property) as specified in the sign requirements FRANNIE HUTCHINSON and content forms. DISTRICT 4 Payment along with the photos and signed affidavit must be received by the Planning and Development Services Department — Planning Division on or before (Wednesday, April HOWARD N. TIPTON 10, 2019). A separate invoice will be billed to you for advertisement requirements COUNTY ADMINISTRATOR pursuant to the St. Lucie County Land Development Code Section 11.00.03. DAN MCINTYRE As agent/applicant for this petition the authorization to proceed with the Public Hearing is COUNTY ATTORNEY subject upon the receipt of the photos, signed notarized affidavit and the deposit and verification of funds. MAILING ADDRESS Please contact me with any questions you might have regarding this process. 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982 Sincerely, PHONE (772) 462-2622 Jodi Nentwick, Project Manager Planning & Development Services Department TDD (772) 462-1580 (772) 462-1428 NentwickJ(gistlucieco.orq FAX (772) 462-1 581 JN Enclosures: 4 E-MAIL MCC RAI N K@STLUC I ECO.O RG WEBSITE WWW.STLUCIECO.GOV 5T. LUCI S1 R V 3� Planning Dk ision POSTING OF NOTICE SIGN CONTENT FORM Project Name: Garnett, Bobby Variance Project File No. BA-3201915491 Applicant: Bobby Garnett Agent: None Public Hearing Body: Board of Adjustment Public Hearing Date: Wednesday, April 24, 2018 This sign must be installed by Monday, April 8, 2019. Submit signed and notarized affidavit along with two dated color photos of the installed sign to the St. Lucie County Planning and Development Services Department— Planning Division office by Wednesday, April 10, 2019 (Please see attachments). being removed from the Agenda. Please call the Project Manager, Jodi Nentwick at (772) 462-1580 if you have any questions. NOTICE OF PUBLIC HEARING Public Hearing of Bobby E. Garnett for an application for a Variance from the provisions of Section 7.04.01.C.1.(c). — Minimum Building/Structure Elevation Requirements of the St. Lucie County Land Development Code to permit the construction of a single family house which exceeds the 35-foot maximum height requirements by 7 (seven) feet within the RE-2 (Residential, Estates — 2 du/ac) Zoning District. The subject property is located at 12331 S. Indian River Drive. The PUBLIC HEARING for this item is to be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida, on Wednesday, April 24, 2019 at 9:30 am or as soon thereafter as possible before the Board of Adjustment. Copies of the petition are available at the front desk in the Planning and Development Services Department, County Administration Building, 2300 Virginia Avenue, Fort Pierce. If you have any questions, please call the Planning and Development Services Department at (772) 462-2822. POSTING OF NOTICE SIGN REQUIREMENTS FORM All Public Notice Signs must be printed by a professional printer. A locate for underground utilities must be conducted on the property by callinq 811 or 1-800-432-4770 at least 3 days prior to digging and installation of the sign. Sign wording to be provided by the SLC Planning Division on the "Posting of Notice Sign Content" form at least 20 days prior to the required Public Hearing. Times may vary depending on Code requirements and / or types of applications. SIGN: Sign Material Waterproof Sign Size 3 x 5 ft. in area, Minimum Sign Color Yellow Font Arial Text Size Header: 4" Minimum Body: 2" Minimum Text Color Black INSTALLATION: Height: 6' at center of sign Location As indicated on attached map Reasonable maintenance of the sign(s) by the applicant is required to ensure that the required sign(s) remain unobstructed and legible. All posted signs must be removed by the applicant within ten days after final action has been taken on the application. % LUCI O 1 O W U C (Q �L \cu y-+ L cu V O cu U O J C m STATE OF FLORIDA COUNTY OF ST. LUCIE 'o CSC .g x' ,v T being first duty sworn deposes and states: 1. 1 am the owner or the agent for the project Wwwn as Barnett Residence Variance for the following petition. File No. BA - 320916491, 2. 1 hereby certify that I have complied with the notice requvenients set forth in Section 11.00.03.E of the St Lucre County Land Development Code for the Board of Ad)usfmant public hearing to be conducted by Wednesday, April 24, 2018 on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Conterr and Sign Regtmements fors provided by the St Lucie County Planning and Development Services - Planning Division on Wednesday, April 10, 2019 The following required documentation is attached: A- Dated Photo submitted electronically (Close up) _ B. Dated Photo submitted electronically (Distant) _ Further affiant sayeth not. Stpnatun of Arrant STATE OF FLORIDA COUNTY OF P2�m lfh The foregoing instrument was acknowledged before me this 30day of 031uf'h . 201:1, by Lxt rry —ft Said person _ is personalty known to me, .&_produced a driver's license isstfed by a state of the United States within the last five (5) years as identification, or _ produced other identification, to wit Parida Ionyer breime ✓•� FALLON OARR rk NOW f rWik • $1014 01 fbiidi CommtnaA I IF?10594 kit Comn. f.grrf ADr tl. ?0f 9 Notary Public, State of Ca aDn -1 z'rr- Typed or Prknod Nams of Notary Commissbn No.: ff ZI My Commission expires: Npr ST. LUCIE �f au a L ,yya C 'G7 C�7 Q. C� C..> ) J C CCS CIO QJ CV N C:) m (13 fu to C17 Cl_ CD - .0 CD 3 t/] J y� L-U CJ7 _ _ co Qom] `C Cii O Li <5 U-J C� CU % l_ C7 C" 7 C V C� C:� Ct; -CD CD C? O c�i� t1S cn Ci y.ti Z2 N Q? CD LL AZI � O m CD C7_ C"> _C L7 '� C-0 C=) Cs CL> E CD o C_? M CZ- CV �C -• C7? Q C � cn _ CRi m C:> (33 p E _jc:l CO C= Csa CD CL� C C3_ C] CU � CU �C � `C CeSS C C`r? CCJ co CL- cp 6 Cla CO O Q� C[S CCS O C'ci w Co ca p C tom__] Z U N C3C 3 ¢ u co r Cl� C C17 CIO Q m Ca O E CO C C'— p w t I3CXD U CZ) CI3 C ti c n CU C o C1J -L3 � >< C� Q- EL p_ C: "C7 C� C1> ca [ "a {_ "� w � C3 W i LZ G::) (V t— CY] Q V G] `— 1 L> T a !TX t y s 14 J r` tf.� y '4 COUNTY F L 0.0. 1 0 A' Bobby E. Garnett 2824 Boston CT Lantana, FL 3482 Date: April 2, 2019 File No.: BA-3201915491 Project Name: Garnett Variance Applicant Name: Bobby E. Garnett Due Date: April 10, 2019 Contact Information: BILLABLE SERVICES MEETING MEETING DESCRIPTION TYPE DATE ADVERTISING BOA 4/24/2019 Scripps: Tribune POSTAGE BOA 4/24/2019 Domestic: APO Ltrs (500ft) 26 @ .50 Due Date: April 10, 2019 AMOUNT DUE: RETAIN THIS COPY FOR YOUR RECORDS Make all checks payable to: St. Lucie Co. Board of County Commissioners AMOUNT $ 239.25 $ 13.00 $ 252.25 1 Listing of Local Sign Companies Design a Sign, Inc Krissy Louderback, Owner 10229 SE Lennard Rd Port St. Lucie, FL (772) 337-4020 Budget Graphic Dennis Newman, Owner 1978 SW Bayshore Blvd Port St. Lucie, FL Phone (772) 879-1789 Universal signs & Accessories Pete Wells, Reginal Sales Manager 3001 Orange Ave. Fort Pierce FL 34947 1-800-432-0331 Toll Free Cell (772) 216-6035 Fax (772) 461-0669 Email: pwells(a)universalsipnsfl.co m Signs of the Times Natalie Klaas 10110 S us 1 Port St Lucie FL 34952 Phone: 772-873-5170 Website: www.buvvoursign.com Sign Art Plus Todd & Teresa 6006 Silver Oak Drive Fort Pierce 34982 Phone (772) 465-2633 Fax (772) 465-3933 Email: teresa ccDsignartplus.com Website: www.signartplus.com Glomaster Signs Tracie Lamb Rebecca Hart, Owner 4141 Bandy Blvd Fort Pierce, FL 34981 (772) 464-0718 Phone (772) 464- 2157 Fax Adjustment Meeting Time: 9:30 AM (or soon thereafter ) Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Applicant Bobby E. Garnett 2324 Boston CT Lantana, FL 33462-3878 File Number BA 3201915491 Project Location 12331 S. Indian River Drive Jensen Beach, FL 34957 Future Land Use Existing Zonino RE-2 (Residential, Estates-2 - 2 dull ac Staff's Recommendation Board denial of requested variance. BA-3201915491 Location Garnett Variance o xi+• v 4;P ev qo �=v M Public Hearing Notice Wednesday, April 24, 2019 Notice of Proposed Variance Request You are receiving this notice because you are a property owner within 500 feet of the proposed petition. BA-3201915491 Garnett Variance Owners Mallout 0. 0.NE N. NO sz eeq 9 eB Nn9 mm z G Fp T p B %t m, , 09 Sm 9b .s Legend a 500 t 000 �SOOfl Notification Area I Parcels witM1in 500X Notillcalion ®Sub'ed Parcel _.I City of Pont 5l. Lucie real Proiect Description Petition of Bobby E. Garnett for a Vari- ance from the Provisions of Section 7.04.01.C.1.(c). - Minimum Building/ Structure Elevation Requirement of the St. Lucie County Land Development Code to permit the construction of a single-family residence which exceeds the 35-foot maximum height require- ments by 7 (seven) feet within the RE-2 (Residential, Estates - 2 du/1 ac) Zoning District. The subject 1.28 acre vacant parcel is located at 12331 S. Indian River Drive. Further details are available in the Planning and Development Services Department —Planning Division please contact: Staff Jodi Nentwick Tel 772.462.1580 Email NentwickJ@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, FL 34982 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 Date Mailed April 5, 2019 PLANNING AND DEVELOPMENT SERVICES DEPARTMENT Planning Division VARIANCE RESPONSE FORM Please Return This Form To: St. Lucie County Planning & Dev. Serv. Dept. -Planning Division ATTN: Jodi Nentwick, Project Manager 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email: NentwickJ(o)stlucieco.Orp or Fax (772) 462-1581 Project PROPOSED REQUESTED VARIANCE: Description: Petition of Bobby E. Garnett for a Variance form the Provisions of Section 7.04.01.C.1.(c). — Minimum Building/Structure Elevation Requirement of the St. Lucie County Land Development Code to permit the construction of a single-family residence which exceeds the 35-foot maximum height requirements by 7 (seven) feet within the RE- 2 (Residential , Estates — 2 du/1 ac) Zoning District. The subject 1.28 acre is currently vacant. , Estates - 11 File No.: J BA - 3201915491 If you wish to comment, please check only one of the three following statements and return no later than Monday, April 22, 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, Jodi Nentwick, Project Manager at (772) 462-1580 if you have any questions. UAi UAi VAi VAi (Ali N N N N UAi UAi N N N U U faT faT N N taT Vai A A UOi AAAAAAA4AA A L L L> L L1?1 A In . m m In In . . . . 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L L m d o I/m1 f/m1 m c m m m m 0m` m` m` 0 m` W m` m` OR N N' N d d d w � (O W t0 (O (O t0 A f0 f0 t0 f0 V A �D tD N W tD J t0 t0 ci W tOp N V V V JN V V V V (Oli N J J A N� A J J y N b W O N CO m U N VW 6 Treasure Coast Newspapers ,_im St. Lucie News -Tribune 1939 SE Federal Highway, Stuart, FL 34994 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNT' OF ST. LUCIE Before the undersigned authority personally appeared, Natalie collar, who on oath says that she is Classified Inside Sales Manager of the St. Lucie News -Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida: that the attached copy of advertisement was published in the St. Lucie News -Tribune in the following issues below. Affianl further says that the said St Lucie News -Tribune is a newspaper published in Fort Pierce, in said St. Lucie County, Florida, and that said newspaper has heretofore been continuously published in said St. Lucie County, Florida, daily and distributed In St. Lucie County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The St. Lucie News -Tribune has been entered as Periodical Matter at the Post Offices in Fort Pierce, St. Lucie County, Florida and has been for a period of one year next preceding the First publication of the attached copy of advertisement. 438160- ST LUCIE COUNTY GROWTH MANAGEM 2263391 GARNETT VARIANCE Pub Dates April 5, 2019 Sworn to and subscribed before me this day of, April 05, 2019, by who is Natalie Z01141 (K) personally known to me or I I who has produced as identification. f q Y' Karol Kangas NotaryPublic "'- 'F'}r.'-,, SAaOLENFNWS Ndary(4vlk-Nate:fflakk -��'� ,;' C^mmhsionlGG k66ri My Camm.Expbe51u119,Kfl aslEltmuphMYerc.IXNryAM ST. LUCIE COUNTY BOARD OF The proceedings of ADJUSTMENT of Adjustment are PUBLIC HEARING AGENDA cally recorded. PUP Wednesday, April 24, 2019 SECTION 286.0105 STATUTES NOTICE OF PROPOSED to appeal eapeap any deci VARIANCE REQUEST by the Board of 4 LOCATION: 12331 S. Indian River Drive, Jensen Beach, FL 34957 PARCEL I.D.: 4504-602-0023-000/4 FILE NUMBER: BA-3201915491 The St. Lucie County Board of Adjustment has the power to authorize variances from the dimensional reouirements kill th the Provisions of 10.01.00, of the St. unty Land Develop - at a or she may time ng, ga BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA RON HARRIS, CHAIRMAN PUBLISH DATE: Friday, April 5, 2019TCN2263391 y�r 4 I I N W_ NI. E PLANNING DEVELOPMENT August 23, 2018 ST. LUCIE COUNTY BOARD OF COUNTY Bob Garnett Construction Inc. COMMISSIONERS 2824 Boston Ct Lake Worth, FL 33462 CHRIS DZADOVSKY Re: Parcel Id: 4504 602 0023 000 4 CHAIRMAN DISTRICT 1 - Dear Mr. Garnett: ANTHONY GONNA The above referenced parcel has a zoning designation of ER-2 (Estate Residential 2 du/1 ac) VICE-CHAIRMAN and a Future Land Use Classification of RS (Residential Suburban 2 du/lac)). DISTRICT 2 The above parcel is nonconforming because it does not meet the minimum required frontage of 100 feet. Frontage is defined in the St. Lucie County Land development Code (LDC) as LINDA BARr2 "the length of a lot that fronts on a public street or that fronts on a private street having been DISTRICT 3 constructed in conformance with the St. Lucie County Standard Specifications for Public Works Construction." In order for a parcel to be considered a nonconforming lot of record F'RANNIE HUC'CHINSON and thereby qualify for a waiver of this requirement, it must exist in separate ownership and DISTRICT 4 not be contiguous to other lots in the same ownership prior to July 1, 1984 pursuant to Section 10.00.04, LDC. CATHY TOWNSEND Pursuant to the research of county records, it has been determined that the property was not DISTRICT 5 contiguous to other lots in the same ownership prior to July 1, 1984. Accordingly, this parcel is considered a non -conforming lot of record. As a result, the lot frontage HOWARD N. TIPTON requirements is hereby waived. The RE 2 setbacks are as follows: 25 foot front, 10 foot COUNTY ADMINISTRATOR side, 20 foot side corner, and 15 foot rear. A copy of your warranty deed showing your 1/3 ownership in the private road providing access to Indian River Drive will be required at the time of building permit application DAN MCINTYRE SllbmlSSlOn. COUNTYATTORNEY Please contact the health department regarding well and septic at (772) 873-4903 to ensure MAILING ADDRESS that their requirements can be satisfied prior to applying for a building permit for the subject 2300 VIRGINIA AVENUE property. FORT PIERCE, FL 34982 If you have any questions with regard to the above determination, please don't hesitate to PHONE contact the undersigned. (772) 462-1553 Sincerely, TDD (772) 462-1428 FAX a"`LliiStpe i Zoning & Pe fitting Supervisor (772) 462-1578 E-MAIL PERMITSPSTLUC IECO.ORG WEBSITE WWW.STLUCIECO.GOV STi LUCIE _-��•