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BOA 022019 Agenda Packet
St. Lucie County Board of Adjustment Administration Building Commission Chambers AGENDA February 27, 2019 CALL TO ORDER • Pledge of Allegiance • Roll Call • Announcements AGENDA ITEM #1 - MINUTES - January 23, 2019 • Action Recommended: Approval AGENDA ITEM #2- Public Comment _AGENDA ITEM #3- Petition of Christopher Workman for a variance from the provisions of St. Lucie County Land Development Code Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements to allow for a screen enclosure over a pool to encroach into the rear setback for the property located within the RS-4 (Residential, Single -Family -4 dulac) Zoning District. • Exhibit #3- Staff Report: Tahir Curry • Action Recommended: Denial AGENDA ITEM #4 -- Petition of Dianne Soldevilla for a variance from the provisions of St. Lucie County Land Development Code Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements, to allow the existing covered screen porch to encroach into the side setback; and to also allow for the existing pool enclosure to encroach into the rear setback. • Exhibit #4: Staff Report: Kris McCrain • Action Recommended. Denial AGENDA ITEM #5 - Petition of Leah Phillips for a variance from the provisions of St. Lucie County Land Development Code Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements, to allow an existing outdoor utility shed to encroach into the side and rear setback • Exhibit #5: Staff Report: Kris McCrain • Action Recommended: Denial OTHER BUSINESS ADJOURN NOTICE: The proceedings of the Board of Adjustment are electronically recorded PURSUANT TO Section 286.0165, 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 proceedingwiU be granted an opportunity to cross-examine anymdividual testifying during a hearing upon request. If it becomes necessary. a public hearing may be continued from time to time as may be 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 777-462.1777 or TUB 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 Beard of Adjustment at 772-462-2822. Form No. 07-37 Page 1 of 7 St. Lucie County Board of Adjustment 1 St. Lucie County Administration Building Commission Chambers 2 January 23, 2019 3 9:30 a.m. 4 5 A compact disc recording of this meeting, in itsgntirety 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 Lowe called the meeting to order at 9:31 A.M. 11 12 ROLL CALL 13 Bob Lowe ............................................. Chair 14 Ron Harris ............................................ Vice Chair 15 Chief Derek Foxx.................................. Board Member 16 Alexander Tommie............................Board Member 17 Michael Jacquin ............................... Board Member 18 19 OTHERS PRESENT 20 Katherine Barbieri ................................. Assistant County Attorney 21 Linda Pendarvis.................................... Development Review Coordinator 22 Kris McCrain......................................... Associate Planner 23 Mayte Santamaria ............................ Assistant Planning Director 24 Vanessa Desnoyers ............................. Planning Technician 25 Roxann Johnson ................................... Recording Secretary 26 Maria Cristales..................................... Information Technology 27 28 Staff introduced themselves 29 30 ANNOUNCEMENTS 31 Chairman Lowe requested to move agenda item number 5 to be the first on the agenda. Vice 32 Chair Harris made the motion to move agenda item number 5 to be first on the agenda. Mr. Jacquin 33 seconded the motion. 34 35 AGENDA ITEM #5 — ELECTION OF OFFICERS 36 37 Chairman Lowe nominated Vice Chair Harris to be new Chairman to the BOA. 38 Chief Foxx seconded the motion. 39 Vice Chair Harris accepted 40 41 Draft BOA Minutes January 23, 2019 Page 2 of 7 42 Vice Chair Harris nominated Chairman Lowe to be new Vice Chair to BOA. 43 Mr. Jacquin seconded the motion. 44 Chairman Lowe accepted. 45 46 Assistant Attorney Katherine Barbieri reminded the Board of the vacancy of the Recording Secretary 47 for the Board and stated that the Board had the option of appointing a recording secretary for the BOA 48 or appointing the Planning Dept. staff to continue serving as Recording Secretary. 49 50 Vice Chair Lowe stated that it was so moved that the Planning Dept remain serving on the BOA. 51 The Board agreed unanimously. 52 53 AGENDA ITEM #1 — MINUTES OF December 19, 2018 54 Chairman Harris motioned approval of minutes as written. 55 Chief Foxx seconded. 56 57 AGENDA ITEM #2 — Public Comments 58 None 59 60 AGENDA ITEM #3 — Petition of Ashley Erickson request for variance from the minimum building 61 setback requirements of the AR-1 (Agricultural, Residential-1 du/ac) Zoning District to remedy multiple 62 encroachments in the rear, corner side and front yard setback requirements. 63 Linda Pendarvis, Development Review Coordinator states that Ashley Erickson is requesting a 64 variance for multiple structures that are encroaching into the minimum building setback requirements, 65 as noted in the AR-1 (Agricultural, Residential — 1 du/ac) Zoning District for an approximately 0.84- 66 acre property. The purpose of the AR-1 district is to provide and protect an environment suitable for 67 single-family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with 68 such other uses as may be necessary for and compatible with very low density rural residential 69 surroundings. 70 In 1984, the property was rezoned to the AR-1 zoning district and was subject to the AR-1 minimum 71 land area and building setbacks. The following table provides the minimum zoning district 72 requirements for structures in the AR-1 zoning district as of the adoption of the current Land 73 Development Code in 1984, with existing site conditions. Please refer to the attached boundary 74 survey. The applicant is requesting a variance for the nonconforming structures that encroach within 75 the required yard setbacks on the south, east and west property lines. 76 The parcel is improved with a +/- 2,628 square foot residence that was constructed in 1979, according 77 to the Property Appraiser records. Over the years, additional improvements were developed on the 78 property, such as a pool in 2005. A 2014 aerial does not indicate a guest house on the property, 79 however, the structure was present prior to 2017 when the current property owner purchased the 80 property. County records do not clearly indicate when the three accessory structures (pump house, 81 shed and pole barn) were placed on the property. Draft BOA Minutes January 23, 2019 Page 3 of 7 82 In 1979, the zoning district for the subject property was R-1C — Residential one family dwelling. The 83 single family residence on the subject property was in compliance with the minimum required land 84 area and building setbacks for the R-1 C zoning district at that time. The property owner purchased the 85 property in April 2017 with the existing structures and in June 2017 received a Notice of Violation from 86 Code Enforcement to obtain a permit for enclosing the porch, installing hardi siding and doing electrical 87 work. Ms. Erickson has since applied for after the fact permits but is required to obtain a Variance for 88 the nonconforming structures prior to the permits being issued. 89 The single family residence in the south east corner of the property will encroach a maximum of 11.9 90 feet into the southeast minimum corner side setback of 30 feet and a maximum of 30.6 feet 91 encroachment of the 50 feet front setback. The residence was constructed in 1975, and complied with 92 that zoning district at the time which required a minimum land area of 10,000 square feet, a front 93 setback of 25 feet and rear setback and a side setback of 15 feet. The three accessory structures pole 94 barn, shed, and pump house encroach a maximum of 13.2 feet into the minimum rear setback. There 95 are no clear records to indicate when these accessory structures were constructed on the property. 96 The guest house that is located on the south side of the property encroaches 4 feet into the southwest 97 corner of the side setback'. The guesthouse on the property was not shown on the 2014 aerial, 98 however the structure was present on the 2017 aerial when the current owner purchased the property. 99 There were 23 mail notices sent out to adjacent property owners within 500 feet of the subject property. 100 Only one neighbor north of the subject property was not in favor of the variance. 101 Staff has reviewed this petition and determined that it does not necessarily conform to a strict 102 interpretation of the standards of review as set forth in Section 10.01.02, St. Lucie County Land 103 Development Code. While the variance sought arises from conditions that are not unique and do not 104 qualify as a hardship as defined in the St. Lucie County Land Development Code, the variance is not 105 in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 106 The single family residence was constructed prior to the adoption of the current AR-1 zoning district 107 creating a nonconforming structure due to greater setback requirements than the previous R-IC 108 zoning district. Staff is recommending approval of the requested variance for the single family 109 residence as the encroachment into the front and side yard setbacks is the result of the County's 110 overall zoning district amendment to AR-1 Zoning District for the Jay Gardens Subdivision. 111 Staff is recommending denial of the requested variance for the guest house and three accessory 112 structures (pump house, shed and pole barn) as there are no building permits issued to indicate the 113 date of construction or location within the property. The applicant is requesting the variance to allow 114 for the existing structures to remain and to be permitted to apply for an after the fact permit. 115 Chairman opened the floor for discussion and questions for staff. 116 Staff was asked who the owner to the north and if the lot was vacant. Staff confirmed that the property 117 to the north is vacant and that the property owner north of the subject property has a New York 118 address. Staff was asked if there had been any previous permits for the accessory structures on the 119 property. Staff was also asked about the 6 foot drainage easement that runs north and south through Draft BOA Minutes January 23, 2019 Page 4 of 7 120 the property and if the easement had been abandoned. Ms. Pendarvis stated that she was unsure of 121 the status. 122 123 Chairman Harris opened the public hearing 124 125 Ms. Erickson of 251 N. Cardinal Place was sworn in and gave reasons for the request. When she 126 purchased the property in 2017 these structures were already there and she was unaware that they 127 were not permitted. Ms. Erickson purchased the house through buy owner (or by owner) and the title 128 company the owner had was out of county. 129 130 She discovered the code violations when reconstructing the hard board siding which resulted in a code 131 violation. The code enforcement officer informed her that no structure on the property had been 132 permitted. At that point Ms. Erickson brought all structures up to code. Ms. Erickson has spent over 133 $20,000 dollars bringing the guest house and pole barn up to code, restoring foundation. Upon 134 submitting changes, Code enforcement informed Ms. Erickson that she needed a survey and a 135 variance. Ms. Erickson stated all structures on the property were brought up to code, so she's a little 136 shaken by the County's request for the variance. 137 138 Ms. Erickson was asked by Commission what was in the pump shed: Ms. Erickson explained that 139 there is a pool pump and well located in the shed. The septic is out there as well, they do not have 140 city water. The pump house is the pump for the pool and the pump for the well for the house. Ms. 141 Erickson purchased the shed shown on map and made changes to the pole barn, both were permitted. 142 The guest house is being used as a mother -in law suite and requests that the Commission accept the 143 buildings as they are, and approve them being that they have all been brought up to code to her 144 knowledge. 145 146 Vice Chair Mr. Lowe asked staff how much these structures are in violation. Ms. Pendarvis stated that 147 that the greatest encroachment is the pump house which encroaches 13.2 feet. The shed and the pole 148 barn are less, they encroach approximately 8 feet on the pole barn and 6 feet on the shed. Mr. Jacquin 149 inquired if the setbacks were 30 feet. Ms. Pendarvis stated that because the property is a corner lot 150 the side setbacks are 30 feet. 151 152 Chairman Lowe closed the public hearing 153 154 Mr. Jacquin made the motion: After considering the testimony presented during the public hearing, 155 including staff comments and the Standards of Review as set forth in section 10.01.02 of the St. Lucie 156 County Land Development Code, I hereby move that the Board of Adjustment table the petition of 157 Ashley Erickson until such time that she may provide more information about her residence. The 158 petition will be revisited at the March 27, 2019 Committee meeting. Mr. Lowe seconded the motion. 159 All were in favor. 160 The roll was called 161 Vice Chair Lowe Yes 162 Chairman Harris Yes 163 Mr. Tommie Absent 164 Chief Foxx Yes 165 Mr. Jacquin Yes Draft BOA Minutes January 23, 2019 Page 5 of 7 i.. 167 AGENDA ITEM #4 168 Petition of Michael Chesanek for a variance from the provisions of Sections 7.10.16 F. 1. — Setbacks 169 and 7.10.16 Q.1.a.1. (b) & (d), of the St. Lucie County Land Development Code, which provide 170 minimum building setbacks for all recreational vehicle lots existing on or before August 1, 1990, to 171 allow a raised wood deck, accessory to a mobile home, within the required side and rear yards. 172 Kori Benton, Senior Planner stated that Michael and 173 The purpose of this variance request is to allow a raised wood deck, accessory to a mobile home, with 174 the following encroachments: 175 • An 8 ft. encroachment into the required, 8ft., side yard setback for an 11ft. linear section of 176 deck, 177 • A 4.65 ft. encroachment into the required, 8ft., side yard setback for a 26.7 ft. linear section of 178 deck; and 179 • A 5ft. encroachment into the required, 5ft., rear yard setback for a 30 ft. wide section of deck. 180 The subject 0.05-acre parcel, or Co-op site #343, is located within the Ocean Resort Cooperative RV 181 Park, situated within the HIRD, Hutchinson Island Residential Zoning District and RH, Residential High 182 (15 du/1 acre) future land use category. The subject property also lies within the Hutchinson Island — 183 Building Height Overlay Zone A, which provides for a maximum building height of 120 feet. 184 The encompassing complex is nearly 100 acres in size and was originally developed as a campground 185 by the Bryn Mawr Corporation in the 1970s. Ocean Resorts was incorporated as a Cooperative in 186 1980, and was labeled as a "residential park for recreational units". Presently, dwellings within the park 187 consist of wood -frame houses, mobile homes, and a collection of empty lots suited for transient or non- 188 transient recreation vehicles (RVs). The Ocean Resorts co-op contains 400 sites. 189 The petition site features a 1,144 sq. ft. double -wide mobile home, Jacobsen Signature Model, Serial 190 # M464, permitted in 2010. Mr. Chesanek was not the owner of the mobile home at the time. County 191 records note the mobile home features 2 bedrooms and 3 baths, and is established within the AE Zone 192 (FEMA Map Service EL 4). Subsequent to installation in 2010, a wood deck was installed across the 193 entire rear yard, extending around the north-west corner to the primary, west entry. The wood deck 194 provides a staircase to grade -level for pedestrian access, and an elevated walkway between the 195 primary and rear doors of the unit. No permit records for this accessory structure exist. 196 The deck, at the time of construction, was adjacent to Co-op site #344 which was utilized by an RV 197 until a mobile home was installed in late 2017 to replace use by an RV. 198 Staff recommends denial of the variance as requested as it does not arise from conditions that are 199 unique and peculiar to the land and physical environment, is not necessary to make possible the 200 reasonable use of the land, building, or structures, and could potentially impair or injure other property Draft BOA Minutes January 23, 2019 Page 6 of 7 201 or improvements in the neighborhood in which the subject property is located. The variance request 202 is not required to make reasonable use of the land. The mobile home can be utilized and access 203 provided via the St. Lucie County allowance for landings, ties of 4X4 feet in addition to stairs or a 204 modified deck system put in to provide access to the western primary entrance of the mobile home as 205 well as the rear sliding glass doors offering a means of egress to this mobile home unit. 206 Chairman Harris opened the meeting for discussion and questions for staff 207 208 Mr. Jacquin questioned staff about an alternate solution for the deck. Mr. Benton Stated the St. Lucie 209 County code would provide and option to reduce the footprint of the wood deck allowing for a 4X4 foot 210 wood landing, a staircase elevating to this entrance, terminating and not allowing for the raised 211 connection wrap -around to this mobile home unit. In the event that tis deck would be replaced by a 212 4X4 platform landing and staircase, it would be the encouragement of staff and potentially the Florida 213 building code for the wood to be fire treated, have an alternative composite, or raised concrete as an 214 option to prevent fire hazard. 215 Mr. Jacquin questioned if the applicant would need an easement of some nature because the structure 216 is encroaching on the 8 feet setback. Mr. Benton stated St. Lucie County provides an opportunity for 217 an administrative variance to reduce the setback and accommodate means of ingress and egress. 218 Chief Foxx inquired if the building department has weighed in on this request for variance. Mr. Benton 219 stated the building department has not received a set of development plans providing full schematics 220 and engineered drawings of structure and materials to be used to provide guidance. The building 221 department is a part of the DRC committee and has received and electronic copy of application. 222 Chief Foxx inquired if the fire department weighed in on variance request. Mr. Benton stated that the 223 Planning Dept. had correspondence with the Fire District. Capt. Langel indicated that when it is a 224 specific single family mobile home unit, the district does not provide a jurisdiction for a specific review. 225 The Fire District did provide some general feedback and encouragements. 226 Chief Foxx stated that he doesn't believe the building department would need more information prior 227 to issuing the variance and if they would even accept the deck as built. 228 229 Chairman Harris opened the public hearing 230 231 Mr. Chesanek of 1450 Old Mims Rd was sworn in and presented two more variance response forms 232 approving project, a letter from Ocean Resort Co-op required to complete the variance process and 233 polaroid pictures of his father building the deck. 234 Mr. Chesanek's parents purchased the property at 808 Osprey Court in 1981. Mr. Chesanek's father 235 initially built the deck over the seawall the full width of the property. Mr. Cheasnek presented pictures 236 of his father building the deck in 1981. Mr. Chesanek's neighbors to the east have a raised deck, 237 hanging over the seawall as well. 238 There was a discussion regarding dispute among neighbors with similar decks and violations. Draft BOA Minutes January 23, 2019 Page 7 of 7 239 Chief Foxx inquired if Mr. Chesanek had spoken to the building department to see if they would accept 240 the deck as built. Mr. Chesanek stated that he wasn't given .clear directions, just given the violations 241 and things to be fixed. 242 243 Chairman Harris closed the public hearing 244 245 246 Mr. Jacquin made the motion: After considering the testimony presented during the public hearing, 247 including staff comments and the Standards of Review as set forth in section 10.01.02 of the St. Lucie 248 County Land Development Code, I hereby move that the Board of Adjustment table the petition of 249 Michael Chesanek until such time that staff can discuss the petition and render clarity from the code. 250 The petition will be revisited at the March 27, 2019 Committee meeting. Chief Foxx seconded the 251 motion and added that staff get input from the building department. All were in favor. 252 The roll was called: 253 Vice Chair Lowe Yes 254 Chairman Harris Yes 255 Mr. Tommie Absent 256 Chief Foxx Yes 257 Mr. Jacquin Yes 258 259 260 OTHER BUSINESS 261 262 Chairman Harris approved BOA meeting schedule for 2019. 263 264 265 ADJOURN 266 Having no further business, the meeting was adjourned at 10:53 am. 267 Draft BOA Minutes January 23, 2019 COUNTY '' F L O R I D A TO: Board of Adjustment Planning and Development Services Department Planning Division MEMORANDUM THROUGH: Mayte Santamaria, Assistant Director Linda Pendarvis, Development Review Coordinator FROM: Tahir Curry, Associate Planner DATE: February 8, 2019 SUBJECT: Petition of Christopher Workman for a variance from the provisions of St. Lucie County Land Development Code Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements to allow for a screen enclosure over a pool to encroach into the rear setback for the property located within the RS-4 (Residential, Single -Family — 4 du/ac) Zoning District. ITEM NO.: III LOCATION: 238 Bimini Drive, Hutchinson Island, FL. 34949 PARCEL ID: 1425-701-0045-000-7 ZONING DISTRICT: RS-4 (Residential, Single -Family — 4 du/ac) FUTURE LAND USE: RU (Residential, Urban) PURPOSE: The purpose of this variance is to allow for an encroachment of a screen enclosure over a pool 5 feet into the required minimum 15- foot rear setback, providing a rear setback of 10 feet, within the RS- 4 (Residential, Single -Family — 4 du/ac) Zoning District. EXISTING USE: Single -Family Residence UTILITIES: Water is serviced through St. Lucie County Utilities Wastewater is serviced by a septic system SURROUNDING ZONING: RS-4 (Residential, Single -Family — 4 du/ac) Zoning surrounds the subject property in all directions. Board of Adjustment Workman, Christopher Variance (BA-120195444) February 8, 2019 Page 2 BACKGROUND: The subject property is located in the Coral Cove Beach Subdivision on North Hutchinson Island, at 238 Bimini Drive. The property abuts a canal along the northern property line. The applicant is proposing a 14'9" by 40'2" screen enclosure over a pool and pool deck to encroach into the required setback by no more than 5 feet, providing a total rear setback of 10 feet for these structures. The current zoning of this property is RS-4 (Residential, Single -Family — 4 du/ac), and has a RU (Residential, Urban) Future Use Designation. ZI KINGFISHER WATERWAY _ _ PIL7�IES AWALL WWOD00( IIDG9'4TW W WOOD GOCIC T"STORY REST Nn.2M ILI' CONCRM Lore OR14MY SLaaa N ASPWILTRMD LGT4 VLOCK3 1)MMTOPHERKWORI M WAN19-ADDPROPOSMPOOL Board of Adjustment Workman, Christopher Variance (BA-120195444) February 8, 2019 Page 3 The Coral Beach Subdivision was platted in 1958 (Plat Book 11, Page 30). The subject .20-acre property is a rectangular shaped lot and is 80' X 110' in size. The lot is conforming in regard to the minimum lot width of seventy-five feet (75`), and a minimum land area of 8,000 square feet, as is required in the present zoning district. The following table provides the minimum lot and dimensional requirements for structures in the RS-4 Zoning District. Minimum Setback Requirements Zoning District Front Setback Rear Setback Side Setback RS-4 25 feet 15 feet 7.5 feet Actual Setbacks to Existing House Front Setback Rear Setback Right Side Setback 48.15 feet 24.91 feet 8.48 feet Left Side Setback 9.37 feet STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a variance from the St. Lucie County Land Development Code, the Board of Adjustment shall consider and make the following determinations: The variance requested arises from conditions that are unique and peculiar to the land, structures, and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the Provisions of Chapter 7 are literally enforced; that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Chapter 7, of this Code, and not by an action or actions of the property owner or the applicant. The RS-4 Zoning District requires all structures to have a minimum 15' rear setback requirement from the property line. The owner is requesting a variance for a maximum of encroachment 5' into the 15' rear setback requirement to allow for a screen enclosure over a pool. The submitted survey reflects the proposed screen enclosure, pool and pool deck located on the subject property. Mr. Workman purchased the home in 2018 and the home was built in 1967. When the home was constructed, it was built 48 feet from the front property line and approximately 25 feet from the rear property line. The required rear setback for RS-4 is 15 feet, leaving approximately 10 feet between the home and rear setback for the proposed pool and enclosure. The setback requirements in 1967 were similar to the RS-4 zoning. The variance does not arise from conditions that are unique and hardship as defined in the St. Lucie County Land Development Code. The need for the variance is created by the original structure being constructed with a greater front setback than required within the RS-4 zoning Board of Adjustment Workman, Christopher Variance (BA-120195444) February 8, 2019 Page 4 district. Resulting in a smaller rear yard area than what could have been allowed, if the house was built closer to the front property line. Additionally, the variance is requested based the current owner's desire to add a pool in the rear yard. 2. The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The subject property backs up against a canal to the Indian River Lagoon; therefore, the screen enclosure and pool should not impair or injure other property or improvement in the neighborhood, nor impair, adequate supply of light or air, increase traffic, danger of fire or endanger public safety. There have been other variances granted within the Coral Cove Subdivision for an increase to the maximum lot coverage and encroachment of the rear setback. Board of Adjustment Workman, Christopher Variance (BA-120195444) February 8, 2019 Page 5 3. The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structures. The property is a rectangular shaped lot with no unique features. The variance requested is not the minimum variance that will make possible the reasonable use of land and structures. The proposal of the screen enclosure over a pool is an accessory structure to the single-family residence. Without the requested variance, the property owner will still have reasonable use to continue utilizing the single-family home as it currently exists. 4. The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The variance is not entirely in conflict with the goals, objectives and policies of the St. Lucie County Comprehensive Plan. The encroachment into the rear setback is in conflict with the Section 7.04.01 of the St. Lucie County Land Development Code minimum building setbacks for the RS-4 zoning district requirements. Pursuant to Section 7.04.01, which states "No structure shall be constructed on a lot that is less than the minimum lot size and dimensional requirements as shown in Table 7-10 for the zoning district in which it is located'. RECOMMENDATION: The variance sought does not arise from conditions that are unique and peculiar to the property. The variance does not qualify as a hardship as defined in the St. Lucie County Land Development Code. Staff has reviewed this petition and determined it does not conform to 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. Board of Adjustment Workman, Christopher Variance (BA-120195444) February 8, 2019 Page 6 Suggested motion to recommend approval/denial of this requested variance. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF CHRISTOPHER WORKMAN, FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01 (TABLE 7-10) LOT SIZE DIMENSIONAL REQUIREMENTS, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO PERMIT THE DEVELOPMENT OF A SCREEN ENCLOSURE OVER A POOL TO ENCROACH INTO THE REQUIRED MINIMUM 15-FOOT REAR SETBACK BY NO MORE THAN 5 FEET, PROVIDING A TOTAL REAR SETBACK OF 10 FEET, WITHIN THE RS-4 (RESIDENTIAL, SINGLE-FAMILY - 4 DU/AC) ZONING DISTRICT, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF CHRISTOPHER WORKMAN, FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01 (TABLE 7-10) LOT SIZE DIMENSIONAL REQUIREMENTS, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO PERMIT THE DEVELOPMENT OF A SCREEN ENCLOSURE OVER A POOL TO ENCROACH INTO THE REQUIRED MINIMUM 15-FOOT REAR SETBACK BY NO MORE THAN 5 FEET, PROVIDING A TOTAL REAR SETBACK OF 10 FEET, WITHIN THE RS-4 (RESIDENTIAL, SINGLE-FAMILY - 4 DU/AC) ZONING DISTRICT, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC). ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 hftp://www.stiucieco.org/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 fcheck each that appliesl Site Plan Rezoning3 ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (RCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance I ❑ Pddministrative Variance Variance ❑ Variance to Coastal Setback Line Other ❑ Administrative Relief ❑ Class A Mobile Home 6 ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change 6 ❑ Land Development Code Text Amendment 7 ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # 6 ❑ Shoreline Variance ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements' ❑ Appeal of Decision by Administrative Official10 ❑ Eminent Domain Waiver" Application Supplement Packages 1. Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2. Variance 7. LDC Text Amendment Administrative Official 3. Rezoning / Zoning Atlas Amend. 8. Re- Submittal 11. Eminent Domain Waiver 4. ComR. Plan Amendments 9. Waiver to LDC/Comp. Plan 5. Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised March 2, 2018 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. Ai pplications must include the following: Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) ❑ ial Photograph — property outlined (available from Property Appraiser's office L�' bperty Deed El Legal description, in MS Word format, of subject property ❑ Property Tax Map — roperty o tlined (electronic copy not required) C�/S rvey(24x36) �� (�'iej� I J�CDs of all documents submitted - with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, K applicable. Site Plan and Planned Development Applications must also include: ❑ Site Plan 24"x36" at a scale of V=50' (12 copies- folded, not rolled) ❑ 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: 0 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is 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 ❑ 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 2 of 6 Revised March 2, 2018 Proi��e��c)t Information Project Name: �►^r S , �e� INo c kwic v, Site address: %�U 12 M , u.: �c �A".}&I S( Parcel ID Number(s): I LA .) i _-7n I .- nt-N Li -.1 S Ia,y Legal Description: (Attach additional sheets if necessary - also must be provided in MS Word format on CD) Coca-k C",e 'B - S -eci- ic^ 0v%C-'�Ik Property location - Section/Township/Range: _zS l 3 d S I Llo C Property size - acres: b..Z Square footage: 3 N 3 Ll Future Land Use Designation: R ILk Zoning District: V S -W Description of project: (Attach additional sheets if necessary) (fool CL,� pool eec, - Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing ❑ Industrial Total Square Footage: Existing Residential No. of residential units: Existing 3 L13 Ll No. of subdivided lots: Existing Other Please specify: Number and size of out parcels (if applicable): Proposed: Proposed: Proposed: Proposed: 0 O Page 3 of 6 Revised March 2, 2018 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer): Agent Information: Business Name: Business Name: Name: _ Ck(,sA-roLcr W,,vVy,,c, Name: Address: �$T� r^ ( r • Address: lii�1�•�jai IS CL (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: 7s q— Nil y Phone: Fax: 4� Fax: Email: l_fn h� � i�I c (Dwxe a! . Ca Email: Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant orapent to act on behalf of said property owner. 1 X Property Owner Signatum Property Owner Name (Printed) Mailing Address::2S Phone: 722-539-Ic1I0 If more than one owner, please submit additional pages STATE OF COUNTY OF S &-Last c The foregoing instrument was acknowledged before me this a c r� day of /Vc-c— r , 20 IT by who is personally known to me or who has produced nt.w�95-1i3-r73- I J a- y-- as identification. Signature of Notary G'(s UWAQa— Commission Number (Seal) Page 4 of 6 Revised March 2, 2018 Type or Print Name of Notary alpew— k2'_l. 2:P FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: VC,.c I o, X_ e _ Supplemental Application Package No.: (Please provide separate fee calculation worrkksheet for each application type) ❑ BASE REVIEW FEE: $ 690 (A) ❑ CONCURRENCY FEE: $ (B) ❑ ERD REVIEW FEE: $ (C) ❑ UTILITIES $ ❑ PER ACREAGE CHARGE: $ (D) ❑ RESUBMITTAL FEE: (if applicable) $ (E) ❑ OTHER $ SUBTOTAL OF BASIC FEES: $ ❑ PRE -APPLICATION MEETING FEE: (F) $( ) deduction Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $ 8� SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047, amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 — Methodology Meeting (H) (If Applicable) • Additional fees will be due if a 31d 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 uest Applicant Name (Printed) Signature of applicant Page 5 of 6 Revised March 2, 2018 Required Document Naming List * All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Required Name on CD Aerial Photograph PDF Aerial. df Application PDF Application.pdf Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchElev. df Boundary/ Topographic Survey PDF BoundaryTopo.pdf Drainage / Stormwater Plan PDF Draina ePln.pdf Easements PDF Easements.pdf Environmental Impact Report PDF or Word EIR. df or EIR.doc Existing Condition Plan PDF Existin Cond.pdf Flood Plain PDF or Word Flood. df or Flood. Doc 'Landscape Plan PDF Landsca e. df Legal Description Word Le al.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Paving Plan PDF Paving.pdf Permit (External) PDF Permit.pdf Plat PDF Plat. df or Plat.doc Property Deed PDF Deed. df Site Plan PDF SitePlan.pdf Traffic Impact Report PDF or Word TIR. df or TIR.doc Tree Survey PDF Tree. df Turtle Protection PDF or Word Turtle. df or Turtle.doc Utility Plan PDF Uti[iity.pdf Vegetation Removal Application PDF Ve etation. df Page 6 of 6 Revised March 2, 2018 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.) -7 0y. o\ 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: r� G�c�,� t. •1� tLe 'ir-, [�c\J �o:; I 7tc Ic / c,—c s:cree, �rCtus ki f. 1 3. State the specific hardship imposed on the owner by the LL C? LA'J ` k1 ►w�< i�ss�61f etCfti i t e heeie yu 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. tau sr ; s '+,j C io Se . 4U h�dc Szi_wcil tzti SC471x.c_IL t7t ..: �•�" �^ I •C!'o t1 \%c �v�r1 w�t'� :w.�,-.:oe..-t✓�S i-c '�t t`< (-�O .r. r. 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. V;u ti Q�.0 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in_which the subje t property is located. +Y 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. 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. `� 1 t-e cse 5� �= (�O�t S i I'kcks C"Cl SC.'ne_ Aix WA:' , 9. Is this variance request loca d within a Homeowners or Property Owners Association? YES NO If yes, then letter is required. • For any variance request within an area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. 10. Name of Association'; j 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) Page 2of3 Revised: February 5, 2013 Signature Prena ed lie and return to: Ed\sard X\• Becht. Esq. Attorne\ at Las% Eduard \1. Becht. P.A. 321 South Second Street Fort Pierce. Ft.34950 1-465-5500 File Number: NCorkntancoppa 1% ill Call No.: JOSEPH E. SMITH. CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY =!LE 9 445477' 07 05 2C13 03 45.35 Plat OR BOOK 4153 PAGE 1616 - 1617 DOC Type PRDEED RECORDING: S18.50 P. , —m 52450D0 III`a<: \f•o\e !h i. i..: i , 7 Rc:, �rJ tn_ D;dai_- Personal Representative's Deed This Personal Representative's Deed made this day of _ _ 2018 bemeen Theresa F. Cnppa as Personal Representatire(s) of the Estate of Tony C'oppa, deceased \\hose post office address is 1124 Stilh\ater Dri\e..Jupiter. FL 33458. grantor. and Christopher U. s\orkman. a single man \chose post office address is 238 Bimini Drire. Fort Pierce. FL 344JI9. erantee: \chew\er u.\ J h rain the term, eran(r :mJ -r ui ac Nndud\ all ala partir• a flu- 1,1.1:mnem 4nJ the heir., keal and asaen: of indis WWII s r and the -u r .mJ a>•i_n. of :• q•, nti n Solos and tnn!ec- Witnesseth. that aid granny. for and in consideration of the \um TF\ 1\D NO 100 DOLLARS t510.001 and other gDodc and \aluable C0ss1derd1i0ns to _ i 1 rantor in hand paid b\ said grantee the receipt \\hereof is hereby ackno\\ledged. his n.uned. bargained. and sold to the said grantee. and grvnee> heir. and deign. foie\er. the follo\\ine described land, situate. 1\ in-, anil henry in Saint Lucie Comm. Florida. io-\\ it: Lot 5. Block 3. CORAL COVE REACH. SECTION ONE. according to the map or plat thereof as recorded in Plat Book 11. Pages 30A and 30B. Public Records of Saito Lucie Counh. Florida. Parcel Identification Number: 1425.-01-0045.000' Together o ith all the tenements. hcrctlitaments and appurtenances thereto beloneine or in any\\ ise appertaining. To Ha\e and to Hole. the same in tee ample fore\er. .and the Grantor does co\emit to and \\ith the Grantee. and Grantee's heirs, successors and assigns. that in all thine, preliminar\ to and in and about this comr,ance. the Order Appro\ing Sale dated June 18. 1018. and the la\vs of the State oll Florida ha\e been lollo\\ed and conipbed \\ ith in all respects. -8nd the grantor hereby co\enants \\ith said erintee that the ;•rantor has good ri;;ht and laMlil authority to sell and coney said land: that the Ln- mor \\arrants the title to said land for anf G \ acts orantor and \\ill defend the title against the la\\ful claims ofall person: claiming I,y. throueh. or under Gran[or. In Witness Whereof. Grantor has hereunto set (iiamoi , hand and seal the day and year first abo\e written. DoubleTime`- Siated. sea' d and deIitered in our presence: Theresa F. Coppa. Personal Representtnt z of the [.state of Tom_ Coppa. deceased-- / \\ aricss Name: State of Florid. Count\ of -__?_ 'I 1U( %-k __-- The foreeoine instrument ttas acknottled�,ed belwe me thi;' -){ _ dat of 2018 b\ Theresa F. Coppa. Personal Representatixe of the estate of I-om Coppa. deceased. Mho ( is per:oi tllc knottn to me or (XI has produced a driver's license as identification. - (Kotan Sea]] vNuca'.Y J:�37i:G ?4V, Sy Xotan Public. State of Ilorida Printed Mime: M. Commission Expires DoubleTime' Michelle Franklin, CFA-- Saint Lucie County Property Appraiser -- All rights reserved. Site Address: Parcel ID: Account#: Map ID: Use Type: Zoning: City/County: Ownership Christopher M Workman 238 Bimini DR Hutchinson Island, FL 34949 Legal Description CORAL COVE BEACH -SECTION ONE- ELK 3 LOT 5 Current Values Just/Market Value: $365,700 Assessed Value: S365,700 Exemptions: SO Taxable Value: $365,700 Taxes for this parcel: SLC Tax Collector's Office Download TRIM for this parcel: Download PDF Date: Book/Page: Sale Code: Deed: Grantor: Price: Date: Book/Page: Sale Code: Deed: Grantor: Price: Date: Book/Page: Sale Code: Deed: Grantor: Price: Property Identification 238 BIMINI DR 1425-701-0045-000-7 8996 14 25S 0100 RS-4 Saint Lucie County Total Areas Finished/Under Air (SF): 2,341 Gross Area (SF): 3,434 Land Size (acres): 0-2 Land Size (SF): 8,800 Sale History Jul 5, 2018 4153 / 1616 0119 PR Coppa (EST) Tony $350,000 Dec 27, 2016 3950 / 2904 0001 WD Lowe Adele S $400,000 Jun 19, 2012 3403 / 1634 0111 QC Lowe Steve T $100 Date: Oct 1, 1996 Book/Page: 0517 / 0690 Sale Code: XX00 Deed: CV Grantor: Price: S 135,000 Building Information (1 of 1) Finished Area: 2,341 SF Gross Total Area: 3,434 SF Exterior Data View: Roof Cover: Metal Building Type: HC Year Built 1967 Grade: C Effective Year: 1977 Story Height: 2 Story No. Units: I Interior Data Bedrooms: 2 Electric: MAXIMUM Full Baths: 2 Heat Type: FrcdHotAir Half Baths: I Heat Fuel: ELEC A/C %: 100% Heated %: 100% Special Features and Yard Items Type: Driv-Concret Quantity: I Units: 900 Year Built: 1967 Type: SEAWALL WOOD Quantity: I Units: 80 Year Built: 1988 Roof Structure: Hip Frame: Primary Wall: Conc Block Secondary Wall: Vinyl Siding Primary lot Wall: Avg Hgt/Floor 0 Primary Floors: Carpet Sprinkled %: N/A% Type: WOOD DOCK Quantity: Units: Year Built: 1 480 1988 Current Values Breakdown Building: 5125,700 Land: 5240,000 Just/Market: 5365,700 Ag Credit: SO Save Our Homes or so 10% Cap: Assessed: $365,700 Exemption(s): So Taxable: 5365,700 Current Year Values Current Year Exemption Value Breakdown Current Year Special Assessment Breakdown Start Year AssessCode Units Description Amount 2009 2009 12 County Solid Waste $252.06 Historical Values This does not necessarily represent the total Special Assessmments that could be charged against this property. The total amount charged for special assessments is reflected on the most current tax statement and information is available with the SLC Tax Collector's Office ©. Permits Number. C53747 Issue Date: Oct 3, 1990 Description: Additions to existing construction Amount: $33,768 Fee: $33,768 Number: C06080028 Issue Date: Aug 2, 2006 Description: Storm Shutters Amount: 5700 Fee: $o Number: C1703-0124 Issue Date: Mar 6, 2017 Description: Electric Amount: $0 Fee: SO Number: C1704-0584 Issue Date: Apr 27, 2017 Description: Remodel Amount: $0 Fee: SO Number: C1705-0333 Issue Date: May 16, 2017 Description: Plumbing Amount so Fee: so Number: C 1810-0143 Issue Date: Oct 5, 2018 Description: Electric Amount: so Fee: s0 Notice: This does not necessarily represent all the pern its for this property. Click the following link to check for additional permit data in Saint Lucie County This information is believed to be correct at this time but it is subject to change and is not warranted. O Copyright 2019 Saint Lucie County Property Appraiser. All rights reserved. J. RS-4 RESIDENTIAL, SINGLE-FAMILY- 4. 1, Purpose. The purpose of this district is to provide and protect an environment suitable for single- family dwellings at a maximum density of four (4) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low density residential surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00 00 of this Code. 2, Permitted Uses: a. Family day care homes. (999) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (FIRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) c. Single-family detached dwellings (999) 3 Lot Size Requirements. Lot size requirements shall be in accordance with Section 7 04 00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off -Street Parking Requirements. Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Conditional Uses: a. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) b. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 7. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00. a. Solar energy systems, subject to the requirements of Section 7.10.28. 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 Section 7.10.16(Q)(1)(a) of this Code. C. Minimum Building/Structure Elevation. 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 It 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: 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. 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. 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N � U v W Y � E a�i cd axi o a E a p°', ❑ N a cC ty L 00 C � Y Ec 6 o ;a -0� E � N C ,'�+ O C p+ N 0 0 a+ U U C W ^ rz •C N a¢ 3 O w 0 H M O w O w$ 00, w �., C E- O w 23 O F- U. 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: Permit a building or structure to have a height in excess of one hundred twenty percent (120%) of that permitted by Table 1 in Section 7.04.00. 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 Section 10.00.04, 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. Permit the use of land or a structure contrary to the use provisions of Section 3.01.00; 3. Permit a variance from the provisions of Section 4.01.00 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 Section 10.01.07. C. A variance from the requirements of Section 7.07.00, Stormwater Management, shall be governed by the provisions of Section 10.01.08. D. A variance from the requirements of Section 7.05.06, Driveways, shall be governed by the provisions of Section 10.01.09. E. A variance from the requirements of Section 6.05.00, Flood Damage Prevention, shall be governed by the provisions of Section 10.01.10. F. No variance from the dimensional requirements of Section 7.00.00, other than variances granted for or in conjunction with a Final Development Order as described under Section 11.02.00, 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 Section 11.02.00 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 for one hundred percent (100%) variance from road frontage requirements, proof of recorded legal access shall be furnished with the application, 5. The purpose for the requested variance and a statement of the intended development of property if the variance is granted; 6. A statement of the hardship imposed on the applicant by this Code; a statement setting forth reasons why this hardship is unique to the applicant, and why the same hardship is not imposed on other property in the neighborhood that is similarly situated, a statement of why the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located, a statement of why the variance will not increase traffic, the danger of fire, or impair property values in the neighborhood, a statement of why the proposed variance is the minimum variance that will make possible a reasonable use of the land, building, and structures, and a statement explaining how the proposed variance is consistent with the general spirit and intent of this Code and the St. Lucie County Comprehensive Plan; 7. If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in 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. 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 Section 4.00.00, 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 Section 11.00.03. In reviewing the application for variance approval, the Board of Adjustment shall use the standards in Section 10.01.02. 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 Section 4.00.00, 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 Section 11.00.04(F). 10.01.06. - Extensions of Variance Approvals. The time limitations imposed on any Variance by Section 10.01.03(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 Section 10.01.05. 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 law. D 9� 9a Subject Parcel f0 a G MARINA DR m A _—BERMUDA BEACH-w Q Atlantic Ocean J 3 BIMINI DR ~ _ O (7 J = SHOREWINDS DR a Z Indian River 2 0 Lagoon MOORINGS LN—n, Py �� 7 O GPJy<G 9` 9�y'P O ?� 9y� 20 ny O� O �`NONPM�,N 9�2 n O� s 10 ,.4 . u00 -no (D (D D1 D m CID Q- a :3 m � N .z O to O N O 4 N HIGHWAY A1A 'FL a CD 9 O)OP ON ! �7 10 ou of > 0 ;u CO) N) -0 CA CD av CD V FLOTILLAT ER (D Cb As (1 z '"D j i 7 � O O m e 3 3 r m m WE m z j O n 0 a � o m N O CD O m 0 N O x O A Cm G_ z v y O A f W m g m c A O Z D D c m m x 0 z FLOTILLA TER N HIGHWAYAIA 2 TAMARIND DR p &I 0 CD U7 2 O S m z 0 cn 0 a K n n N O O 3 a m 3 n c m � m nz o d. - C W `D o � i a a a 'm a w m a � c C n N N n 0 0I C FLOTILLA TER N HIGHWAYAIA A 3 x v 1 CD STATE OF FLORIDA COUNTY OF ST. LUCIE COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS • SIGN AFFIDAVIT Services FED 12 2019 RECEIVED �f` S tiv�J /rl W IC C4%a -v being first duly sworn deposes and states: 1. 1 am the owner or the agent for the project known as Workman, Christopher Variance for the following petition: File No. BA - 120195444 2. 1 hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E of the St. Lucie County Land Development Code for the Board of Adjustment public hearing to be conducted by Wednesday, February 27, 2019 on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided y t St Lucie County Planning and Development Services -Planning Division on i)� 1eq . The following required documentation is attached: A. Dated Photo submitted electronically (Close up) B. Dated Photo submitted electronically (Distant) l/ Further affiant sayeth not. Signature of Affiant STATE OF FLORIDA�`` COUNTY OF ! ST'. Wc�k The foregoing instrument was acknowledged before me this Q day of � 20�, by nY ` ylay� VVGY nw-N . Said person _ is personally known to me, pr duced a driver's license issued by a state of the United States within the last five (5) years as identification, or _ produced other identification, to wit rlL.a. •tea: ROSAIDA NIVAR Notary Public - State of Fbs7da ^R Commission a GG 099707 MyComm.Expires MayLNR1 Notary Public, Stag ��cuAdti N%V0I Typed or Printed Name of Notary Commission No.: G(� pgq?o? My Commission expires: is* ) 2O;a-I ST. LUCIE 714P— NOTICE OF PUBLIC HEARING Public Hearing of Christopher Workman for an appitcation for a Variance from the provisions of Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements of the St. Lucie County Land Development Code, within the RS-4 (Residential, Single -Family - 4dufacl Zoning District. If approved, the project will permit a screen enclosure over the pool to encroach into the required minimum 15-foot rear setback by no more than 5 feet, providing' a total rear setback of 10 feet. The PUBLIC _ HEARING for this item is to be held in the C Commission Chambers, Roger PolhasAnnex, E 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida, on Wednesday, February 27, 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 VirgimaAvenue, Fort Pierce. If you have any questions, please call the Planning and Development Services Department at (772)462-2822. Plamn Shea rupmam FEB 12 2019 "�Fc&VFD Adjustment John Doe 123 Anywhere St. Anywhere, USA 12345 Public Hearing Date: Wednesday, February 27, 2019 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL. 34982 Meeting Time: 9:30 AM (or soon thereafter) Applicant/Property Owner Christopher Workman 238 Bimini Dr. Fort Pierce, FL. 34949 Proiect Location 238 Bimini Dr. Fort Pierce, FL. 34949 Future Land Use RU (Residential Urban - 5 du/ac) Existing Zoning RS-4 (Residential, Single -Family - 4 du/ac) Staff's Recommendation Denial of the requested variance. 11 �, j� saeiaa Parcel +I Public Hearing Notice Notice of Proposed Variance Request BA - 120195444 Workman, Christopher Variance Aerial 5 n Buffer I—jSVEIecl Parcel 0 120 240 960 480� Mappreperae Janue,29,2019 This notice is provided because you are an owner of property within 500 feet of the proposed petition. Proiect Description The petitioners have requested a vari- ance from the provisions of Sec. 7.04.01 (Table 7-10) - Lot Size and Dimensional Requirements of the St. Lucie County Land Development Code. If approved, the project will permit a screen enclosure over a pool to encroach into the required minimum 15-foot rear setback by no more than 5 feet, providing a total rear setback of 10 feet for these structures within the RSA (Residential, Single - Family - 4 du/ac) Zoning District. The subject .20 acre property is located at 238 Bimini Drive, Ft. Pierce, FL. 34949. 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 ServicB'9 Department —Planning Division at least 3 days prior to the scheduled hearing. 7 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 TOD 772.462.1428 Further details are available in the Planning and Development Services Department —Planning Division please contact: Staff Tahir Curry Tel (772) 462-2615 Email Curryt@stlucieco.org Mail 2300 Virginia Avenue Date Mailed 2/13/2019 I6 gg m� gg g g m$AARA��RRRARiAAAA«A�%�ABARRRRA«Re%�AR 9.u^.R �ARARRAAR F.`Xm ARRAA R.`XfidAR �`,�XR�^ARRAR FuuuumuuuuuumuuuuFuuuuuuuuuuu.3.zuuuu�3.uuuuuuuuuuuuuuuuuuuu�uuuuu z�.uu u�.0 3 Ear s;aaaaga a8s�a HK s 5 EEE5 JE EL EEL 5za za m4 6LEE555aa4§��jj. ' Ile �,n,n gggg �b6fib9E bLLbiLL6r 6�56fi6SS�6fi6b55f5552;fi��fi6fi55 i�°fi6�E=55666�=6`a 63i66g�5 lit - HE o dddd =8 &8 fio 08 ;a a ¢ _ aoIZE= °gm x3 �3. a� §o�P 3 EiE��3$g=�E$°E �zi=oE= € Min —M.m3 - -i zweP ��`�m8 M_$`anrnsr,c pax°ears«�u's"x Rim^kaR�aRRe��s"?aa `s=.eer.m�xAemr��"x y � 5 6 933ItHI 11,151i'9E$ f�p8a. ���,j" ppfly #g€ M HB Le6.s ,5d m r F ��,4 m - iii3xs s ............s....... ..... .;;; s;; s3�;3ss sa¢ ss§ maams as as am a p pp p p p p p »ssaasa` w.. w w »w w gww o ow ww ogw g oo`o saasaa�oos=3aasaaso�ooi,s_000s<is__soeoo�a;�'_s<a«a<mo<'s'se;=`so�sss ieo��S�oo m mmmmmmww mm.mmmm.mm,.mmmmmm,.mmm°YELL.mmmmm„m„LLmmmmmmm£¢.,.mmmmm£�m,.m.�mmhmmmmm ^s �a a sa::a.$eaasseee=s::�s :e------- ---- � ,.,.� .. ........ .. ......��m�ao -pg_g__{_- -_-- o _9_4_$_S_4_4_4_9_4_�99 _ - --_ 8$3�q$994 ?4 �949 4ES4 4 a QoQooaoe.yQ A AAAA �.nnnnnnnnaAnnnnannannnAnnAnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn Yin AdAAAAAn Treasure Coast Newspapers ' ..aPf L St. Lucie News -Tribune 1939 SE Federal Highway, Stuart, FL 34994 �13� � � �7�i1�7�[aetii[�7►� STATE OF FLORIDA COUNTY OF ST, LUCIE Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the St. Lucie News -Tribune, a daily newspaper published at Fort Pierce In St. Lucie County, Florida: that the attached copy of advertisement was published in the St. Lucie News -Tribune in the following issues below. Affirms further says that the said St Lucie News -Tribune is a newspaper published in Fort Pierce, in said St. Lucie County, Florida, and that said newspaper has heretofore been continuously published in said St. Lucie County, Florida, daily and distributed In St. Lucie County. Florida, for a Period of one year next preceding the first publication of the attached copy of advertisement; and afFiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The St. Lucie News -Tribune has been entered a5 Periodical Mader at the Post Offices in Fort Pierce, St. Lucie County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 438160- ST LUCIE COUNTY GROWTH NIANAGEIA 22Z2838 SOALEGALAD Pub Dates February 13, 2019 Sworn to and subscribed before me this day Of, February 13, 2C19, by L Natalie Wilk V (XI personally kno:m to me or ( I who has rumored f q one Karol Kangas J Notary Public gtle LEIAtK4$ Yaary aNk 9meafie.rk Al _(ammbtioni GG lNq{t ':!,n.,r'y h9@>,m Fapirzs19 E9, 1Ni1 iL,ae�raq, eei wwurxw as identification ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA Wednesday, February 27, 2019 NOTICE OF PROPOSED VARIANCE REQUEST Notice is hereby given in accordance with Section 11.00.03 of the St. Lucie Coun- ty Land Development Code and in accordance with the Provisions of the St. Lucie County Comprehensive Plan that the following applicant has requested that the St. Lucie County Board of Adjust- ment consider the following request: PURPOSE: A petition of Chris- topher Workman for a vari- ance from the provisions of Section 7.04.01 (Table 7-10) Lot Size and Dimensional Require - Single -Family - 4 du/ac) Zon- ing District, to allow for a screen enclosure over a pool to encroach into the required minimum 15-foot rear setback by no more than 5 feet, pro- viding a total rear setback of 10 feet, for the following described property: LOCATION: 238 Bimini Drive, Fort Pierce. FL.34949 PARCEL I.D.:1425-701-0045- 000/7 FILE NUMBER: BA-120195444 The PUBLIC HEARING on this item will be held before the St. Lucie County Board of Adjust- ment on Wednesday,_ February 271C�019 beginning at 9:30 am or as soon thereafter as —possi- ble in the Commission Cham- bers, Roger Poitras Annex, 3rd Floor, St. Lucie County Admin- istration Building. 2300 Virgin- ia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard. Written comments able for review at the Planning and Development Services Department - Planning offices located at 2300 Virginia Ave- nue, 2nd Floor, Fort Pierce, Florida during regular busi- ness hours. Please call (772) 462-2822 or TDD (772) 462-1428 if you have any questions or require additional information about this petition. The St. Lucie County Board of Adjustment has the power to authorize variances from the dimensional requirements of the St. Lucie County Land Development Code, in accor- dance with the Provisions of Section 10.01.00, of the St. Lucie County Land Develop- ment Code. The proceedings of the Board of Adjustment are electroni- at a or she the testimony and evidence upon which the appeal is to be based. Upon the request of any oarty to the oroceedina. may be continued from time to time to a date -certain. Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie Coun- ty Risk Manager at least for- ty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772)462-2822. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA RON HARRIS, CHAIRMAN Pub February 13th 2019 TCN 2222838 'ODD PILING (TYPICAL) FOUND DRILLHOLE- (NO IDENTIFICATION) N 0 10 20 LOT BLOCKS FOUND 1/2' IRON ROD & CAP'RLS 2391' OH GUY WIRE C n KINGFISHER WATERWAY DOCK SEAWALL N870847IN 80.00' t0.03'`- PROPOSED POOL POOLDECK Q� TWO STORY RESIDENCE No. 238 LOT BLOCK N87'08'47'W PEDISTAL WOOD DOCK CONCRETE CONCRETE DRIVEWAY, 13 11 In ASPHALT ROAD am =_ — This Survev is for the benefit of only the following Darties: 1) CHRISTOPHER M. WORKMAN Date of Survey: APRIL 25, 2018 Property Address: _ 238 BIMINI DRIVE FOUND DRILLHOLE (NO IDENTIFICATION) 9erwEa il! RCr a_k FORT PIERCE, FL. 34949 LEGEND 238 Bimini Or, FoK CAN = CABLE TELEVISION BOX Pie m, FL 14949 AIC = AIR CONDITIONER R/W = RIGHT OF WAY = CENTERLINE Yaortrga to 'i L = ARC LENGTH R = RADIUS LOCATION MAP 4 ff = LIGHT POST ® = WATER METER DESCRIPTION OHW = OVERHEAD WIRES LOT 5, BLOCK 3, CORAL COVE BEACH, SECTION ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 11, PAGE 30A, PUBLIC CO, = WOOD POWER POLE RECORDS OF SAINT LUCIE COUNTY, FLORIDA. g W SURVEYOR'S CERTIFICATION This drawing and the prerequisite field survey have been prepared to conform with the applicable Standards of Practice as set to forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J-17, Florida Administrative Code, pursuant to g Section 472.027, Florida Statutes and is based on documentary evidence as provided to the undersigned surveyor and existing field evidence. This certification is a statement of professional opinion and is not an expressed or implied warranty or guarantee. This survey is for the sole and exclusive benefit of the parties named hereon and for the specific purpose noted, and must not be relied upon by any other individual or entity whatsoever, and is not transferable under any circumstances. No liability or responsibility is assumed by the undersigned surveyor for any other use of this survey or to any party not specifically named LOT 4 hereon. This drawing is not valid without the signature and the original raised embossed seal of the undersigned surveyor and BLOCK 3 reproduction of this drawing without the written permission of the undersigned surveyor is hereby forbidden. SURVEY NOTES FOUND 5/8' IRON ROD (NO IDENTIFICATION) 1. THIS IS A BOUNDARY SURVEY AS DEFINED IN CHAPTER SJ-17 OF THE FLORIDA ADMINISTRATIVE CODE. 2. BEARINGS BASE: N87°08'47"W RELATIVE TO THE CENTERLINE OF BIMINI DRIVE. 3. SUBJECT PARCEL IS LOCATED IN FLOOD ZONE AE and X, PANEL No. 12111 C 0181 J, DATED: 2/6/2012. 4. ALL DISTANCES ARE MEASURED UNLESS OTHERWISE NOTED. 5. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS SURVEY IS NOT VALID. 6. UNDERGROUND IMPROVEMENTS, UTILITIES AND FOUNDATIONS ARE NOT LOCATED UNLESS OTHERWISE NOTED. FOUND RAILROAD SPIKE (NO INTERsICAl10N) 7. ADDITIONS OR DELETIONS TO THE SURVEY MAPS OR REPORT BY OTHER THAN THE SIGNING PARTY OR PARTIES FOUND NAIL AT INIERSEt;T10N IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. (NO IDENTIFICATION) B. NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS OFFICE. 9. SURVEY BASED ON LEGAL DESCRIPTION PROVIDED BY CLIENT. N87'08'471W 348.72' n 1 (BEARING BASIS) Revisions: BJAN19... ADD PROPOSED POOL SITE PLAN Profohas E. Whidden essional Surveyor and Mapper Florida License No. 6225 Whidden Surveying & Mapping, Inc. 9200 Belvedere Road, Ste 114 Royal Palm Beach, FL 33411 Phone: 561.790.5515 Fax: 561.790.6557 www.whiddensurveying.com Licensed Business No. 7232 COUNTY'` F LORI D A 4 TO: Board of Adjustment Planning and Development Services Department Planning Division MEMORANDUM THROUGH: Mayte Santamaria, Assistant Director of Planning & Development Services Linda Pendarvis, Development Review Coordinator FROM: Kris McCrain, Associate Planner DATE: February 5, 2019 SUBJECT: Petition of Dianne Soldevilla for a variance from the provisions of St. Lucie County Land Development Code Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements, to allow the existing covered screen porch to encroach into the side setback; and to also allow for the existing pool enclosure to encroach into the rear setback. ITEM NO.: IV LOCATION: 7017 Gullotti Place, Port St. Lucie, FL. 34952 ZONING DISTRICT: AR-1 (Agricultural, Residential — 1 du/ac) FUTURE LAND USE: RE (Residential Estate) PURPOSE: The purpose of this variance is to allow for an existing covered screen porch to encroach into the required minimum 20-foot side yard setback by no more than 9.12 feet, providing a total side yard setback of 10.88 feet for this structure; and to also allow for the existing pool enclosure to encroach into the required minimum 30- foot rear yard setback by no more than 0.45 feet, providing a total rear yard setback of 29.55 feet for these structures, within the AR- 1 (Agricultural, Residential — 1 du/ac) Zoning District. EXISTING USE: Single -Family Residence UTILITIES: Sewer— Private Septic System Water — Private Well SURROUNDING ZONING: AR-1 (Agricultural, Residential — 1 du/ac) zoning surrounds the subject property in all directions. ROADWAY IMPROVEMENTS: None Board of Adjustment Soldevilla, Dianne Variance (BA-1220185425) February 5, 2019 Page 2 BACKGROUND: The petitioner, Dianne Soldevilla is requesting a variance to allow for an existing covered screened porch to encroach 9.12 feet into the required minimum 20-foot side yard setback; and to also allow for the existing pool enclosure to encroach 0.45 feet into the required minimum 30-foot rear yard setback. The subject 1.32-acre parcel is located at 7017 Gullotti Place (approximately Y2 mile north of Tilton Road on the west side of Gullotti Place) within the St. Lucie Gardens Subdivision (Plat Book 1, Page 35). The parcel is located in the AR-1 (Agricultural, Residential — 1 du/ac) Zoning District, with a RE (Residential Estate) Future Use Designation, and is located within the USB (Urban Service Boundary). The building permit for the single-family home was approved by the Building Division on March 5, 2010 and received form board survey approval from the Zoning Division on March 18, 2010. The form board survey was approved incorrectly by staff with a 2.06-foot encroachment into the required minimum 20- foot side setback. On April 22, 2015, the Board of Adjustment through BOA Resolution No. 15-005 (see attached Resolution) granted a variance to allow the existing single-family residence to encroach up to 3 feet into the required minimum 20-foot side yard setback. On January 27, 2016, the Board of Adjustment through BOA Resolution No. 16-002 (see attached Resolution) denied a variance to permit the construction of a pool enclosure to encroach 10 feet into the required minimum 20-foot side yard setback. NW Corner of Subject Parcel Image clipped from the attached Boundary Survey) fII10E M0.1C I FND IRC 'La 6790' 0.49'N, 0.801 02 OI I O OOOOQ N N 7.75' �e5 f) !Q 70.E2' 29.55...._. 8 Z x 91.59' 0 25.8]' — Q: 11.9J' -4 O SITE "'VE'ARK f'9 tl.s SF�T IRC TRAVEf�SE' t "Y LiVATID ASSUMED 0 M0 K Board of Adjustment Soldevilla, Dianne Variance (BA-1220185425) February 5, 2019 Page 3 The following table provides the minimum lot and dimensional requirements for structures within the AR- 1 (Agricultural, Residential - 1 du/ac) Zoning District. Minimum Lot Size and Dimensional Requirements AR-1 (Acricultural. Residential - 1 du/ac) Table 7-10 Lot Size and Dimensional Requirements Min Lot Min Lot Min Road Minimum Yard Max Lot Zoning District Size (sf) Width Frontage Coverage Front Rear Side Agricultural, AR-1 Residential - 1 43,560 150 30 50ft. 30ft. 20ft. 20% du/ac Environmental Resources Review: The Environmental Resources Department has performed a cursory environmental review and stated there are no environmental issues regarding the requested variance. STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a variance from the St. Lucie County Land Development Code, the Board of Adjustment shall consider and make the following determinations: The variance requested arises from conditions that are unique and peculiar to the land, structures, and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the Provisions of Chapter 7 are literally enforced; that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Chapter 7, of this Code, and not by an action or actions of the property owner or the applicant. The variance does not arise from conditions that are unique and peculiar to the land and physical surroundings that would result in unnecessary hardship for the owner. It was the desire or actions of the property owner to construct a screen enclosure directly behind the residence for convenience. There is ample space in the rear and side yard to place the screen enclosure while complying with the minimum setback requirements. 2. The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The granting of the requested variance is neither expected to harm other property or improvements in the neighborhood, nor is it expected to impair an adequate supply of light or air Board of Adjustment Soldevilla, Dianne Variance (BA-1220185425) February 5, 2019 Page 4 to adjacent public streets, increase the danger of fire, or endanger the public safety. The surrounding properties are of similar size and are zoned AR-1, with existing single-family residences to the north, south and east. 3. The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structures. On January 27, 2016, the Board of Adjustment denied a variance (BOA Resolution No. 16-002) for the construction of these structures due to an encroachment into the required minimum side setback. The requested variance is not the minimum variance necessary to make possible the reasonable use of the land, building and structures. It was the desire of the property owner to construct a covered screen porch that would encroach into the required minimum side yard setback, as well as a pool enclosure to encroach into the required minimum rear yard setback in order to provide additional patio area. There were options to configure the placement of these structures in order to comply with the required minimum rear and side yard setbacks for the AR- 1 (Agricultural, Residential — 1 du/ac). 4. The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The variance desired is opposed to the general spirit and intent of the St. Lucie County Land Development Code. Section 7.04.01 of the St. Lucie County Land Development Code establishes minimum building setbacks for structures with the purpose to preserve and improve visibility and uniformity, as well as the overall appearance to the neighborhood. RECOMMENDATION: Staff has reviewed this petition and determined that it does not conform to a strict interpretation of the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. There is ample yard space in the rear and side yard to place these structures while complying with the required minimum building setback requirements. Staff is, therefore, recommending denial of the requested variance. Board of Adjustment Soldevilla, Dianne Variance (BA-1220185425) February 5, 2019 Page 5 Suggested motion to recommend approval/denial of this requested variance. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF DIANNE SOLDEVILLA, FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01 (TABLE 7-10) LOT SIZE DIMENSIONAL REQUIREMENTS, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO PERMIT AN EXISTING COVERED SCREEN PORCH TO ENCROACH INTO THE REQUIRED 20-FOOT SIDE SETBACK BY NO MORE THAN 9.12 FEET, PROVIDING A TOTAL SIDE SETBACK OF 10.88 FEET; AND ALLOW A POOL/POOL DECK AND SCREEN ENCLOSURE TO ENCROACH INTO THE REQUIRED 30-FOOT REAR SETBACK BY NO MORE THAN 0.45 FEET, PROVIDING A TOTAL REAR SETBACK OF 29.55 FEET FOR THESE STRUCTURES, WITHIN THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU/AC) ZONING DISTRICT, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF DIANNE SOLDEVILLA, FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01 (TABLE 7-10) LOT SIZE DIMENSIONAL REQUIREMENTS, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO PERMIT AN EXISTING COVERED SCREEN PORCH TO ENCROACH INTO THE REQUIRED 20-FOOT SIDE SETBACK BY NO MORE THAN 9.12 FEET, PROVIDING A TOTAL SIDE SETBACK OF 10.88 FEET; AND ALLOW A POOL/POOL DECK AND SCREEN ENCLOSURE TO ENCROACH INTO THE REQUIRED 30-FOOT REAR SETBACK BY NO MORE THAN 0.45 FEET, PROVIDING A TOTAL REAR SETBACK OF 29.55 FEET FOR THESE STRUCTURES, WITHIN THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DU/AC) ZONING DISTRICT, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC). ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 —Fax: 772-462-1581 http://www.stlucieco.org/planiiing/plaiiiiin.g.htm DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Type (check each that applies Site Plan Rezoning' ❑ Major Site Plan Rezoning (straight rezoning) Minor Site Plan Rezoning (includes PUD/PNRD/PMUD) i I Major Adjustment to Major Site Plan 1 Rezoning with Plan Amendment 17 Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 t_ Major Adjustment to PUD/PNRD/PMUD ; Future Land Use Map Change • Minor Adjustment to Major Site Plan i Comprehensive Plan Text Amendment Ll Minor Adjustment to Minor Site Plan C1 Minor Adjustment to PUD/PNRD/PMUD Planned Development Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) 1 Planned Retail Workplace (PRW) u Prelim. Planned Unit Develop (PUD) Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) _ Final Planned Unit Develop. (PUD) Final Planned Mixed Use Develop. (PMUD) _i Final Planned Non -Res. Develop. (PNRD) Conditional Use' [! Conditional Use r' Major Adjustment to a Conditional Use Minor Adjustment to a Conditional Use Variance t ❑ Administrative Variance XVariance t_I Variance to Coastal Setback Line Other _1 Administrative Relief Class A Mobile Home e Developer Agreement (Submit per LDC 11, 08, 03) Power Generation Plants Extension to Development Order F. Historical Design ation/Change° L_I Land Development Code Text Amendment 7 n Plat ❑ Post Development Order Change ❑ Re -Submittal # ° ❑ Shoreline Variance Stewardships — Sending/Receiving 11 Telecom Tower (Submit per LDC 7,10,23) n Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements ° ( 1 Appeal of Decision by Administrative Official10 ❑ Eminent Domain Waiver" Application Supplement Packages 1, Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2 Variance 7. LDC Text Amendment Administrative Official 3. Rezoning / Zoning Atlas Amend. 8, Re- Submittal 11. Eminent Domain Waiver 4 Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan 5. Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable feels). Page 1 of 6 Revised May 6, 2013 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: VUX /it/YC'� Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) t_1 BASE REVIEW FEE $ R SD (A) r CONCURRENCY FEE: $ (B) ERD REVIEW FEE: $ (C) UTILITIES PER ACREAGE CHARGE RESUBMITTAL FEE (if applicable) ci OTHER SUBTOTAL OF BASIC FEES $ (D) r i PRE -APPLICATION MEETING FEE (F) $( ) deduction Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $ SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code �I $950.00 — Methodology Meeting (H) (If Applicable) • Additional fees will be due if a 3r° party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3r0 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 )�e�uest n Name Page 2 of 6 Revised May 14, 2015 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: �3 Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) Aerial Photograph — property outlined (available from Property Appraiser's office P�' Property Deed A, Legal description, in MS Word format, of subject property' I Property Tax Map — property outlined (electronic copy not required) l Survey (24x36) 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) Concurrency Deferral Affidavit, or i Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02) This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: [ ! Site Plan 24"x36" at a scale of V=50' (12 copies- folded, not rolled) Boundary Survey (24x36) — Signed and Sealed (12 originals) Topographic Survey (2436) — Signed and Sealed (12 originals) CI Landscape Plan — Signed and Sealed (12 originals) FI Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) 1 Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC". o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain, o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11,02,06) L Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 copies of the following: ❑ Main Application and back up material AJ Approved Site Plan and copy of approved Development Order Plat - Include extra copies of Plat for applicable conditions of approval Four 14) Original Mylars are due following final staff review. `Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s). Page 3of6 Revised May 14, 2015 Protect Information /Project Name: .��/fI/I/VE �// )/1fz=V/&i% Site address: 701 ? r7u O l 1 nt c, Parcel ID Numbers)3414. Legal Description: (Attach additional sheets if necessary - also must be provided in MS Word format on CD) 3414- -_�C�� �UC> (r� 1G6- Y LLGFh , A sS ;'/r'WAI Property location - Section/Township/Range: 1� I qI2 � �r Property size -acres: �(G S Square footage: i f%li l) S5l, // Future Land Use Designation:_ Zoning District/�-/ /)'fG'i7FiL/ll/IL Description of project: (Attach additional sheets if necessary) Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing Ll Industrial Total Square Footage: Existing /` Residential No. of residential units: Existing �L No, of subdivided lots: Existing ❑ Other Please specify: Number and size of out parcels (if applicable): Page 4 of 6 Revised May 14, 2015 Proposed: Proposed: Proposed: (� Proposed: SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information Prg_pertv Developer) Business Name: Name j�//)r ✓��!)cDci/u-A Address 70/ 7 L ULLo // PL (Please use an address that can accept overnight packages) Phone:(n/) Fax. Email: Please note: both a e ev r) Agent Information: Business Name:\jam_ Name: Address: (Please use an address that can accept overnight packages) Phone. Fax Email: and agent will receive all official correspondence on this Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above app ant or agent to a t on behalf of said property owner. ropedy Owner S.gnaNre // Property Owner Name (,Primed) Mailing Address: Phone:(%g/) 1„3 If more than one owner, please submit additional Rick- i pages p ' STATE OF 5- UA(t@ , COUNTY OF The foregoing instrument was ac cnowledged before me this _ _(�day of20 lb b (DiUAP L c�✓� ��Q y Q V1 who is personally known to me or who has produced Jf _"J1' 5Lb'0 as identification. r ,t h `. d t �t S�gnaNre of Notary type or Pdnl Name of Notary t Commission Number (Seal) _ LYDIAB.GALBRAjn1 - MY COMM45SIC N GC 155626 EXPIRES:January22,2022 Page 5 of 6 6oiaea Thu Katy wait unJewit. Revised May 14, 2015 Variance Application Supplement 2 Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details 1. 1 (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested LDC Section 7.04.01 (Building Setback Requirements) Petition of Dianne Soldevilla for a variance to encroach a maximum of 9.12 feet respectively, into the required minimum 20 foot side set back in the AR-1 (Agricultural, Residential -1) Zoning District The address of the property is 7017 Gullotti Place (approximately Y: mile north of Tilton Road on the west side of Gullotti Place) 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: The variance request arises from the conditions that are unique and peculiar to the land, structures, and buildings involved: that the particular physical surroundings, the shape or topographical condition of the specific property involved would result in unnecessary hardship of the owner as distinguished from a mere inconvenience if the provisions of Chapter 7 are literally enforced; that they are conditions that are not ordinarily found in the same zoning district, and the conditions are created by the regulations of Chapter 7, of this code and not by an action or actions of the property owner. 3. State the specific hardship imposed on the owner by the LDC? The original variance given Apr 22, 2015 arises from the conditions that are unique and peculiar to the structure involved and so pose a hardship on the owner, Dianne Soldevilla. The property was purchased in 2008 and applied for a building permit to construct a single family residence on January 2, 2010 The building permit for the single family home was approved by the Building Division Staff on March 5, 2010 and received from board survey approval from the Zoning Division on March 18, 2010. The 1 form board survey was approved incorrectly by staff with a 2.06 foot encroachment into the minimum 20 foot setback. This condition was not created by the action or actions of the property owner. 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. As stated in 3. above the continuing hardship is that the home had a planned pool and screen enclosure that was delayed by the owner due to finances. When the first variance was given to correct errors in the original building placement no accounting was taken for the future pool and enclosure as planned later that year. The variance of April 22, 2015 was only given for the amount of encroachment that the house itself was encroaching upon. The future pool and screen enclosure was not a consideration at that time by the planners who corrected their error with this variance and paid for only the cost of their mistakes, leaving myself the home owner with the only space allowable to build the pool beside the house. The pool was permitted and completed within the setbacks allowed. This left the rear of the home with only a cement patio attached to the back of the home which attaches to the pool enclosure beside the home. In order to complete the patio with a screening enclosure which would attach the patio to the pool enclosure there is a 9.12 foot variance needed. 5. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhood in which the subject property is located. The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, nor create a danger of fire nor endanger the public, nor subsequently diminish or impair property values within the neighborhood. 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. i] The surrounding properties are of similar size and are zoned AR-1 with existing single family residences to the north, south and east. The granting of the requested variance is neither expected to harm other property or improvements in the neighborhood, nor is it expected to impair an adequate supply of light or air to the adjacent public or private streets nor increase the danger of fire, or endanger the public safety. 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. Due to the angular placement of the home on the lot, this variance is not the length of the property but only is the minimum amount of land needed to complete this project. This variance will allow the pool with it's enclosure already built to the side of the home to be connected and ease of use and safety of both. Less than 3% enclosure of the variance encroaches into the setback. 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. The variance desired will not be opposed to the general spirit and intent of this Code or the St Lucie County Comprehensive Plan. Section 7.04.01 of the St Lucie Land Development Code establishes minimum building setbacks for the structures with the purpose to preserve, improve visibility and uniformity, and the appearance to the neighborhood. Although the deviation to the side yard setback is in conflict with the Land Development Code, the single-family residence complies with all other applicable minimum district requirements including the minimum rear and front yard setbacks, building height, and building lot coverage requirements. The granting of the variance will allow the single-family structure to be deemed legal, non -conforming as per County Land Development Code requirements as noted in the LDC Section 10.00.03 Non- conforming structure. 3 9. Is this variance request located within a Homeowners or Property Owners Association? YES NO If yes, then letter is required. NO For any variance request within an area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. 10. Name of Association N/A 11.Is there a letter from that association attached? NO Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. Per LDC Section 10.01.04(A)(7) If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Except for non-residential accessory structures in AG-1, AG-2.5 and AG- 5, if the application is for 100% variance from the road frontage requirements, proof of recorded legal access shall be furnished with the application. I (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the public hearing. Applicant or Agent Name (printed) Signature Dianne Soldevilla Property owner a JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE 9 3527156 OR BOOK 3240 PAGE 644, Recorded 10/26/2010 at 09:50 AM Doc Tax: $0.70 PREPARED BY AND RETURN TO: Robert D. Schwartz, Esq. 2240 Woolbright Road, Suite 411 Boynton Beach, Florida 33426 Telephone (561) 736-3440 Property Identification No. W ARRANFY DEED THIS WARRANTY DEED, executed this d0_ day of r�2T 2010. by DIANNE SOLDEV ILLA, a single woman, Grantor, to DIANNE SOLDEV ILLA, as Trustee of the STORMY DAY' S Revocable Trust under Agreement dated I%%Tii .1'� O 1 2010 with full power and authority to protect, conserve and to sell, or to lease or to encumber, or otherwise to manage and dispose of the real property described herein, and whose post office address is 7017 Gullotti Place, Port St. Lucie, Florida 34952, Grantee, WITNESSETH, That the Grantor for and in consideration of the sum of TEN AND NO1100 (S10.00) DOLLARS and othervaluable consideration, receipt whereof is herebyacknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate, lying and being in the County of St. Lucie, State of Florida, to -wit: The North 165 feet of the South 1155 feet of Lot 6, Block 2, Section 24, Township 36 South, Range 40 East, Plat No. I of St. Lucie Gardens, according to the Plat thereof, recorded in Plat Book 1, page 35, Public Records of St. Lucie County, Florida. NOTE TO PROPERTY APPRAISER: The Grantor confirms that under the terms of the Trust referred to above, the Grantor has not less than a beneficial interest for life and is entitled to a homestead exemption pursuant to the provisions of Florida Statute 196.041(2). SUBJECT TO: Taxes and assessments for the current year and all subsequent years. SUBJECT TO: Conditions, restrictions, limitations, easements and utility agreements of record, if any. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing in the current year. IN W rFNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Signed, oSeaI and Delivered in the presence.of:. - (f d,witnees ssilgnature) DLkNNE SOLDEVB,LA (fi t /r�C le L Lsor r.+4 prmu name) (second witiciss signature) NCOMK Lftzs (second witness print name) State of >2✓ County 7>9 Qr'e I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared DIANNE. SOLDEVrLLA, who is personally known to me or who has produced a drivers license as identification and who did not take an oath. �p nn WITNESS my hand and official seal in the County and State lastaforesaid, this ,, day 6f1J E, - VA r- 2010. My oommiss A . FARR NOTARY P LIC 40 r TET1NEf.85Ee ry A3 1; P� 6 RO � nY` Properre Card P IEc 1 of 5' Michelle Franklin, CFA -- Saint LL1Cle County Property Appraiser -- All rights reserved S iic AddI e,, —01 , GL I 1 01 11 1'(_ SecTocvr Ranoe"21 365:a6Y Map [1) 31 24\ Conine: AR -I Ownership Dmnnc SMde%ula Cfltt 701- Gullotu PI port St I_ua ic. FL 3-199 Property Identification Parcel ID: 3:111 Sol-1006-111118 AccOunt = 1090] Cse l j•pe: ri 104 huisdictiof) : Saun I. uac (OUR!% Legal Description SlIJ C IF GNtDF\S 2436-10 BI A)S I65 FI of ;3oI I of I_Of6 ( 125 V ) (MAP 3424]) (OR 3005-1 -2,1 3210-6441 Current Values hi,tiMarko Value: SIi2 Sou Assessed Value: S91301 I'Xemptions: S<r("50o Triable Value: SIUri I l axes for this parcel: St_C Tax Collector', Office Dos+nload TRIM for this parcel: Download PDI' Total Areas Pinishcdi0nder Air(SI'): �41 Gress Area (SI'): Land Size (acres): LZ5 Land Size (St ): z445O Sale History Date Book Page Sale Deed (grantor price Code Sep 20.2010 3240 r 0614 0130 WD Solde,d a Dianne S100 Au_e 13, 2008 300i r 1724 XX01 SP Coastal Bank S89,900 ,Iul 16,2008 3001'0171 XX01 CF Watts l l l Wallet R S100 Jan 6. 2005 2151 f 0513 XX00 R"D Stmzmall lire W S12S,Ooo Oct 9, 1997 1103 / 2565 XXoo R'D (jolt Michael C S14.000 turn 13, 1994 0906/0418 XX01 WD MapMule 512000 Apr 18,1989 0634,0416 XXos WD Hauy Fickmecer S8 00 Star 1,I985 045810631 XXOO CS' S6,600 Building Information (1 of 4) Finished .Area. '41 SF (foss Total Area 23895E Fxerior Data V iota: Roof Cover. Metal Roof Struclure: Gable Building Type: If('- Year Built 2010 Frame: Grade: C'- Fffeclive rear: 2010 Pronzry Wall: CB Since(, Story 11e1,ht I St(,,., NO" Units. I Seconclark Wall: Hardt plank Interior Data Bedrooms: I Electric: MAXIMUM Primun Int Wall, Full Badts:l Heat "i ype: I rcdllotAir A,-g HgdFloor:0 Half Baths: 0 Heal Fuel: Ll FC I'rintar,, I loon: Vinyl Tdes Nips: ";`Hww paslc-orp;Rl.Car& 120,:2018 Property Card Sketch Area Legend Sub Description Area Fin, Perimeter Area Area BAS BASEAREA 741 741 110 NVSE Screen Enclosure for Sketch Only (Valued in 1050 0 130 SFYI) OPAA Open Porch Attached Average 158 0 72 WDK WOOD DECK 440 0 124 Building Information (2 of 4) Finished Area 0 SF Gross Total Area: 480 SF Exterior Data View: Roof Cover: Sheet Metal Roof Structure Gable Building Type: DGAR Year Built: 2010 Frame Grade: DG Effective Year: 2010 Primary Wall: EnuidPfb Mil Stop Height. I Story So. Units: 0 Secondary Wall. Interior Data Bedrooms:0 Electric: Primary Int Wall. Full Baths:0 Heat Type: Avg Hgt/Floor. 0 Half Baths: 0 Heat Fuel: Primary Floors: A/C %: o% Ileated %. % Sprinkled %: 0% 1 �: . 6�' F Ir is i � I r " 'a iE :.... t i. Sketch Area Legend Sub Area Description Area Fin. Area Perimeter GDA Garage Detached Average 480 0 88 littps://vAvw.paslc.org/RECard/ Page 2 of 5 12/6/2018 Propert}' Card Page 3 of t Vices 130ilding -I.pe: FanuCtil Grade: 25 Story Height: I Sioq Bedrooms: 0 Full Baths: 0 I lalf Baths. 0 A/C % 0 % Finished Area. 0 SF Gross Total Area 400 SF Exterior Data Roof Cover: Sheet Metal Year Built 2000 Effective Year: 2000 \o. units.0 Interior Data Electric: Heat Type: Heat Fuel: Heated %. % Roof Structure: Gable Frame: Priman Wale. Rood no Sh SccondanWall: Priman• Int Nall. Avg Hgt/Floor: 0 Primary Floors'. Sprinkled %. 0% Sketch Area Legend Sub Area Description Area Fin. Area Perimeter B22 BASE AREA B22 400 0 too View. Building Type.- FamtPole Grade. 21 Story Height I.Ston Bedrooms. 0 Full Baths: 0 Half Baths:0 A/C % % Building Information (4 of 4) Finished Area 0 SF Gross Total Area: 299 SF Exterior Data Roof Cover: Sheet Metal Roof Structure: Flat/Shed Year Built: 2004 Frame. Effective Year: 2004 Priman• Wall: No. Units: 0 Secondary Wall: Interior Data Electric: Primary lot Wall: Heat Type: Avg I Igt/Floor. 0 l teat Fuel: Primary Floors: Heated %: % Sprinkled %. % hitps:/hti-A-w.paslc.org/RECard/ 12/6/2018 Property Card Page 4 of t Sketch Area Legend Sub Area Description Area Pin. Area Perimeter BR\ BASE AREA BAR\ 299 0 72 Special Features and Yard Items type Qty Units Year Bit SPA -HOT TLB 1 36 2016 POOL DR-AVG 1 450 2016 RES Pool. AVG 1 450 2016 POOL FNC-AVG 1 1050 2016 Current Values Breakdown Building: S95,300 Land 557,500 Just/Market. S152,800 Ag Credit. $0 Save Our Homes or $58,499 10% Cap: Assessed: 194,301 Exentption(s): S50.500 l axable: 543,801 Current Year Values Current Year Exemption Value Breakdown Tax Grant Code Description Year Year 2018 2011 0500 Homestead Exemption 2018 2011 0550 Homestead Exemption over S 50,000 2018 2011 4000 Widow's Exemption Current Year Special Assessment Breakdown Amount S25.000 S25,000 S500 Start Year AssessCode units Description Amount 201 I 2009 12 County Solid Waste S252.06 This does not necessarily represent the total Special Assessemenls that could be charged against this property. The total amount charged for special assessments is r 11i7e ed on the most current tax statement and information is available with the SLC Tax C ollector's Office Year 2018 2017 2016 Historical Values Just/Market Assessed S152,800 $94.301 S131,900 S92,368 S84,900 S65263 Exemptions 'raxable S50,500 $43,801 S50,500 S41,868 S40A63 S24,800 https://ww5n,.paslc.org/107Card/ 12/6/2018 loropert5- Card Page 5 of 5 Number Issue Date Description Amount CI001-0226 Jan 26, 2010 fence s0 C1001-0222 Mar 5. 2010 Residential New 30 Construction C1003-0063 Mar 5. 2010 Al reraaons/Remodel ing so C 1010-0125 Noy 15-2010 Shed so C 1502-0102 Jul 6. 2015 Barn s0 C1502-0106 Jul 6. 2015 Shed so C1502-0108 Ju16,2015 Gazeba'Grecnhouse s0 C1607-0418 Are 2. 2016 Pool s0 C1607-0419 Aug h. 2016 Fnclosure s0 Notice'. This does not necessarily represent all the pennns for this Dropem'. Click the following link to check for additional permit data in Sa.tn Lucie County This information is believed to be correct at this time but it is subject to change and is not warranted. Copyright 2018 Saint Lucie Count. Property Appraiser. .A II rights reserved. f ee so so so s0 so 50 so so so littps./,INN-x,A,.paslc.org/RECard/ 12/6/2018 I BOARD OF ADJUSTMENT 2 RESOLUTION NO. 15-005 3 File No.: BA 320154843 4 5 A RESOLUTION APPROVING A VARIANCE FOR 6 CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA 7 8 WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony and 9 evidence, including, but not limited to the staff report, has made the following determinations: 10 11 1. Petition of Dianne Soldevilla for a variance from the provisions of Section 7.04.01 12 (Building Setback Requirements) of the St. Lucie County Land Development Code for an 13 existing single family residence to encroach up to a maximum of 3 feet into the required 14 minimum 20 foot side yard setback in the AR-1, Agricultural, Residential — 1 Zoning 15 District. 16 17 2. On April 22, 2015 this Board held a public hearing on the petition, after publishing a 18 notice of such hearing, installing a sign on property and notifying by mail all owners of 19 property within 500 feet of the subject property. 20 21 3. After consideration of the testimony presented during the public hearing, including staff 22 comments, exhibits, and the standards of review for granting variances set out in Section 23 10.01.02, St. Lucie County Land Development Code, the Board of Adjustment has made 24 the following determinations: 25 26 The requested variance meets the standards of review as set forth in Section 10.01.02, 27 St. Lucie County Land Development Code and is not in conflict with the goals, 28 objectives, and policies of the St. Lucie County Comprehensive Plan, because 29 30 a) There were no oral objections made from the public in regards to the variance, 31 32 b) The variance is the minimum variance that will make possible the reasonable use 33 of land; 34 35 c) The variance does not impair or otherwise injure other property or improvements 36 in the area in which the subject property is located; and 37 38 d) The re -location or demolition of the existing single family may cause a financial 39 burden to the property owner. 40 41 NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, 42 Florida: 43 344 Petition of Dianne Soldevilla for a variance from the provisions of Section 7.04.01 (Building 45 Setback Requirements) of the St. Lucie County Land Development Code for an existing single 46 family residence to encroach up to a maximum of 3 feet into the required minimum 20 foot side JOSEPH E. SMITH. CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY April 22, 2015 FILE a 4063705 4'S. 20 1 16 L O3t5 Doc ryue RE50 BOA Resolution No. 15-005 File No. BA 320154843 OR aooh 3739 Page 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 yard setback in the AR-1, Agricultural, Residential — 1 Zoning District., for the property depicted on the attached map as Exhibit "A" and described as follows: THE NORTH 165 FEET OF THE SOUTH 1155 FEET OF LOT 6, BLOCK 2, SECTION 24, TOWNSHIP 36 SOUTH, RANGE 40 EAST, PLAT NO. 1 OF ST. LUICE GARDENS, ACCORDING TO THE PLAT THEREOF, RECORED IN PLAT BOOK 1, PAGE 35, PUBLIC RECORDS OF ST. LUCIE COUNTY. FL. PARCEL IDENTIFICATION NUMBER: 3414-501-1006-100-8 A. Based on the evidence presented, this variance is approved. An appeal from the Board of Adjustment's action may be processed in accordance with Section 10.01.07, of the St. Lucie County Land Development Code. After motion and second, the vote on this resolution was as follows: Chairman Richard Pancoast AYE Commissioner Robert Lowe AYE Commissioner Buddy Emerson ABSENT Commissioner Ron Knaggs AYE Commissioner Michael Jacquin ABSENT PASSED AND DULY ADOPTED This 22nd day of April, 2015. ATTEST: 4cr ary April 22, 2015 File No. BA 320154843 BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: Asst. County A ney BOA Resolution No. 15-005 Page 2 Exhibit A n April 22, 2015 BOA Resolution No. 15-005 File No. BA 320154/543 Page 3 I JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 415904202/1112016-109.46 AM OR BOOK 3835 PAGE 28M - 2850 DO, Type. RESO RECORDING: $27.00 1 4 BOARD OF ADJUSTMENT 2 - RESOLUTION NO. 16-002 3 File No.: BA 120167978 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 41 42 43 44 45 46 47 A RESOLUTION DENYING A VARIANCE FOR CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: Petition of Dianne Soldevilla for a variance for the construction of pool enclosure and swimming pool to encroach 10 feet and 6 feet, respectively, into the required minimum 20 foot side yard setback in the AR-1 (Agricultural, Residential — 1) Zoning District. 2. On January 27, 2016 this Board held a public hearing on the petition, after publishing a notice of such hearing, installing a sign on property and notifying by mail all owners of property within 500 feet of the subject property. After consideration of the testimony presented during the public hearing, including staff comments, exhibits, and the standards of review for granting variances set out in Section 10.01.02, St. Lucie County Land Development Code, the Board of Adjustment has made the following determinations: The requested variance does not meet the standards of review as set forth in Section 10.01.02, St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan, because a) There is adequate yard space in the rear and side yard to install the proposed improvements (pool enclosure and swimming pool) and comply with the minimum building setbacks and b) The variance does not arise from conditions that are unique and peculiar to the land, structures, and buildings involved. There are no physical or topographical conditions that would result in unnecessary hardship. NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: Petition of Dianne Soldevilla for a variance for the construction of pool enclosure and swimming pool to encroach 10 feet and 6 feet, respectively, into the required minimum 20 foot side yard setback in the AR-1 (Agricultural, Residential — 1) Zoning District, for the property depicted in the attached map as "Exhibit A" and legally described below: LEGAL DESCRIPTION THE NORTH 165 FEET OF THE SOUTH 1155 FEET OF LOT 6, BLOCK 2, SECTION 24, TOWNSHIP 36 SOUTH, RANGE 40 EAST, PLAT NO. 1 OF ST. LUICE GARDENS, ACCORDING TO THE PLAT THEREOF, RECORED IN PLAT BOOK 1, PAGE 35, PUBLIC RECORDS OF ST. LUCIE COUNTY. FL. January 27, 2016 File No. BA 120167978 BOA Resolution No. 16-002 Page 1 4 s 6 8 9 10 Il 13 13 14 I Iti 17 18 19 20 PARCEL IDENTIFICATION NUMBER 3414-501-1006-100-8 A Based on the evidence presented, the variance is denied B An appeal from the Board of Adjustment's action may be processed in accordance with Section 10.01.07, of the St Lucie County Land Development Code. After motion and second.. the vote on this resolution was as follows Chairman Richard Pancoast AYE Commissioner Robert Lowe AYE Commissioner Derek Foxx AYE Commissioner Ron Knaggs AYE PASSED AND DULY ADOPTED This 27" day of January, 2016. ATTEST ary BOARD OF ADJUSTMENT ST LUCIE COUNTY. FLORIDA Chairman t APPROVED AS TO FORM AND CORRECTNESS. l� Asst County Attorney January 2?. 2016 BOA Resolution No 16-002 File No BA 120161978 Page 2 January 27, 2016 File No RA 120167978 Exhibit A � MUI Dianne Soldevilla BA-120164978 Subject Property a BOA Resolution No 16-002 Page 3 St. Lucie County Land Development Code Section 3.01.03 Zoning Districts E. AR-1 AGRICULTURAL, RESIDENTIAL -1 1. Purpose. The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2,00.00 of this Code. 2. Permitted Uses: a. Family day care homes. (999) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) c. Single-family detached dwellings. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 1 in Section 7,04,00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. 5. Off -Street Parking Requirements. Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Conditional Uses: a. Crop services. (072) L. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) c. Industrial wastewater disposal. (999) d. Kennels - completely enclosed. (0752) e. Landscaping and horticultural services. (078) f. Retail: (1) Fruits and vegetables. (543) g. Riding stables. (7999) h. Veterinary services. (074) i. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 7. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Agriculture (farms and ranches accessory to single-family detached dwelling). (01/02) b. Animals, subject to the requirements of Section 7.10,03. (999) c. Guest house subject to the requirements of Section 7.10.04. (999) d. Mobile home subject to the requirements of Section 7.10.05. (999) e. Retail and wholesale trade - subordinate to the primary authorized use or activity. f. Solar energy systems, subject to the requirements of Section 7.10.28. 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 (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. la. For properties lying within a designated Special Flood Hazard Area for which the base flood elevation has not been determined, all buildings shall be elevated as follows: 1. A minimum of thirty-six (36) inches above the adjacent average natural grade, or eighteen (18) inches above the crown of any adjacent roadway, whichever is greater; or 2. As determined by a sub -basin drainage study for the proposed development meeting the requirements of a stormwater permit as set forth in Chapter VII. c. For properties lying outside of a Special Flood Hazard Area, as further defined under Chapter 11 of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above any adjacent roadway. 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 c. For properties lying outside of a Special Flood Hazard Area, as further defined under Chapter 11 of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above any adjacent roadway. 3. When topographical conditions are such that compliance with this subsection would be impracticable or cause grade level conditions detrimental to adjacent or nearby property, the Growth Management Director shall grant relief from the provisions of this subsection, consistent with Flood Protection regulations. 4. For non-habitable/non-residential structures, when topographical conditions are such that compliance with this subsection would be impracticable or cause grade level conditions detrimental to adjacent or nearby property, the Growth Management Director may grant relief from the provisions of this Code, consistent with the intent of the Flood Protection regulations and any other applicable portion of this Code. D. Filled Land. 1. Any filled land created in the unincorporated area of St. Lucie County shall be filled so that the settled elevation of such land shall be at least five (5) feet above mean sea level (MSL), as measured by U.S.C. and G.S. Datum. 2. No trees, vegetation, organic materials, or garbage shall be used as fill material in the unincorporated area of St. Lucie County for the purpose of raising the existing grade of any land on which construction is intended. The disposal of all trees, vegetation, organic material, and garbage shall be in accordance with applicable St. Lucie County Regulations. 3. Where fill is used, the owners of the property on which the fill is being located, shall be responsible for assuring adequate drainage so that the immediate community will not be adversely effected. E. Non -Residential Buildings on Farms. Any person erecting a nonresidential farm building on a farm shall be required to obtain a Certificate of Zoning Compliance prior to construction showing that the structure meets the setback requirements shown in Table 7-10 for the zoning district in which it is located. .. v o a L o 0 0 0 0 0 0 0 �'~^� i! ��� O O O O O O O F M � U m K �� v� �n vi v� vi �n vi vi �x M M M M M M M M �v _ L � � .D O O O O O O U N N N N N N 9 � R ,Q O O _ _ _ G G _ �r N N O O O '/? '�? O � `\ `\ E E,. � r, c c -. c ,-. � � W M V] Vl V1 V1 ^ �Ly ^ ^ W L' � Gii iL N N N N N N a E v d E 'o � 0 0 O 0 0 0 0 0 0 z .Ga o o < � W .. z E a ° a 3 w � F � .. A � � N 'v1 � � O O O O 0 O zE �� h v, h � o o o 0 a o -- � � � �; o 0 0 0 � '� w N � � � � QE L C� V ^ ^ N N M V v1 a � �i A Q C� N... F � N M C Ada a a ¢� ¢� ¢� <�' �F � � FE F� Fg Fo �z � s za za za zx a a c� ���', �° �� �� zZ zZ zz z� a� ° ° � � � � � w � a z � G � ^. ^. 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E ¢ � c'n ti o o E aE vT L x c .c CL bD K O •O ro +L-` L '�' O' '> F O O E N 0 G V tEV buo c E r St. Lucie County Land Development Code Section 10.01.00 Variances 111M10I01s%\:7 FMIQ &14 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 �_,c 1; 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 ,)"..,j ;I); 3. Permit a variance from the provisions of r: ! ,_O 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 c Stormwater Management, shall be governed by the provisions of Section 10.01.08. D. A variance from the requirements of 't- Driveways, shall be governed by the provisions of Section 10.01.09. E. A variance from the requirements of lt'�L .n 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 �;,. ,o 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 _c lot, Li J_' ;: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 for one hundred percent (100%) variance from road frontage requirements, proof of recorded legal access shall be furnished with the application; 5. The purpose for the requested variance and a statement of the intended development of property if the variance is granted; 6. A statement of the hardship imposed on the applicant by this Code; a statement setting forth reasons why this hardship is unique to the applicant, and why the same hardship is not imposed on other property in the neighborhood that is similarly situated; a statement of why the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located; a statement of why the variance will not increase traffic, the danger of fire, or impair property values in the neighborhood; a statement of why the proposed variance is the minimum variance that will make possible a reasonable use of the land, building, and structures; and a statement explaining how the proposed variance is consistent with the general spirit and intent of this Code and the St. Lucie County Comprehensive Plan; 7. If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in ! ,; 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 _ " l �), 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 �,xi uf _{_i,lu i In reviewing the application for variance approval, the Board of Adjustment shall use the standards in �rct or .±i u i '_. 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 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 i(F). 10.01.06. - Extensions of Variance Approvals. The time limitations imposed on any Variance by 1 3(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 (,p 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 law. a cK - F�G �a�r 3 Ci L TT L Lennard Rd o a.. J A� ys1H sn E a> ` _ IL Y ple nder-AVe I-= 1 1 i x v` ao ._ n M N qqT LO 00 TM S4 �il N 0 m 7_v = 3 J /1• N W` C V O N a w n n m �W V LO U d' 0) Ln C 00 = t -1d IliO��f1J TOM tQ m 0 Q �w<'n •� M Z m m > W N C C U o v 81 � N N _ c IbYSVN`dHS o a w N U X W V/ LU U O N � d Z U W N Li _ a � � m J w � zv O � 3 L m N 3 z p �O C N 9 N N N n ry ,W V •L / O O Y I N d LO _ co � -ld uio-nno o O Q N c o l2lf VNVHS cu w O Z 0 0 0 o `O z U N � 9 COI U U) Lo U) N d jr 0 40 S tl �f n -41F P:. 1. _ 'qqql er �.'viZ�Ftf lilrRi �'� i � PLANNIN4Ca AND DEYEZ.OPlt>�ENT 13ERYZCEt3 7'fFPA RTMF'.7�TT RAWft&Dev9Jopm" COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS • SIGN AFFIDAVIT SeMces STATE OF FLORIDA COUNTY OF ST. LUCIE FEB 13 2019 RECEIVED _&JJA1N_A6E 1 /Jt IZA/1 d being first duly sworn deposes and states: 1. 1 am the owner or the agent for the project known as Soldevilla, Dianne Variance for the following petition: File No. BA - 1220185425 2. 1 hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E of the St. Lucie County Land Development Code for the Board of Adjustment public hearing to be conducted by Wednesday, February 27, 2019 on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by the St Lucie County Planning and Development Services - Planning Division on Wednesday, February 13, 2019. The following required documentation is attached: A. Dated Photo submitted electronically (Close up) V / B. Dated Photo submitted electronically (Distant) _ Further affiant sayeth not. � � Signature of Affiant STATE OF FLORIDACOUNTY OFc i n/. 1h The foregoing instrument was acknowledged before me this /,,;r day of J�A.A"g `�, 20a, by D> ck n oQ Y,,l c) r i,\C>aa Said persons personally known to me,�produced a driver's license issued by a state of the United States within the last five (5) years as identification, or _ produced other identification, to wit Notary I Lcstate of Typed or Printed Name of Notary Commission No.: 01� Kelly Molloy NOTARY PUBLIC o VIFExpires TATE OF FLORIDAomm# GG238684 9/18/2022 My Commission expires: 30 lalobl l ST. LUCIE _ t NOTICE OF PUBLIC HEARING Public Hearing of Dianne Soldevilla for an application for a Variance from the provisions of Section 7.04.01(Table 1.10) • Lot size and Dimensional Requirements of the S. Lucie County Land Development Code, within the AR•1(Agricullural, Residential • 1 dulac) Zoning Distrid. If approved the project will allow for an existing covered screen porch to encroach into the required minimum 4- foot side yard setback by no more than 9.12 feet, providing a total side yard setback of 10.88 feet', . and to also allow the existing pool enclosure to encroach into the required minimum 30•fool rearyard setback by no more than 0.45 feet, providing a total rear yard setback of 29.55 feet. The PUBLIC HEARING for this item is to be held in the Commission Chambers, Roger Poitras Annex, 1d Floor, St. Lucie County Administration Building, 2300VuginiaAvenue, Fort Pierce, Florida on Wednesday, February 27, 2019 at 9:30am or as soon lhereafler 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, 2300WIIiniaAvenue, Fort Pierce. If you have any questions, please call the Planning and Development Services Deparlmenl Adjustment John Doe 123 Anywhere St. Anywhere, USA 12345 Public Hearing Date: Wednesday, February 27, 2019 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL. 34982 Meeting Time: 9:30 AM (or soon thereafter) Applicant/Property Owner Dianne Soldevilla 7017 Gullotti Place Port St. Lucie, FL. 34952 Project Location 7017 Gullotti Place Port St. Lucie, FL. 34952 Future Land Use RE (Residential Estate) Existing Zonino AR-1 (Agricultural, Residential - 1 du/ ac) Staff's Recommendation Denial yParcel g i Public Hearing Notice Notice of Proposed Variance Request File Number: BA-1220185425 This notice is provided because you are an owner of property within 500 feet of the proposed petition. Proiect Description The petitioner has requested a variance from the provisions of Section 7.04.01 (Table 7-10) - Lot Size and Dimensional Requirements of the St. Lucie County Land Development Code. If approved the variance will allow for an existing covered screen porch to encroach into the re- quired minimum 20-foot side yard set- back by no more than 9.12 feet, provid- ing a total side yard setback of 10.88 feet; and to also allow for the existing pool enclosure to encroach into the re- quired minimum 30-foot rear yard set- back by no more than 0.45 feet, provid- ing a total rear yard setback of 29.55 feet for these structures within the AR-1 (Agricultural, Residential - 1 du/ac) Zon- ing District. The subject 1.32 acre parcel is located at 7017 Gullotti Place, Port St. Lucie, FL. 34952. The St. Lucie County Board of Adjust- ment (BOA) has the power to authorize variances from the dimensional require- ments in accordance with the provisions of Section 10.01.00, of the St. Lucie County Land Development Code. County policy strongly encourages pub- lic input and comment at the public hear- ing. You may also mail or email written comments regarding this proceeding in advance of the public hearing for inclu- sion in the official record. Written com- ments to the BOA should be received by the Planning and Development Services Department —Planning Division at least 3 days prior to the scheduled hearing. Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772.462.1546 or TDD 772.462.1428 Further details are available in the Planning and Development Services Department —Planning Division please contact: Staff Kristopher M. McCrain Tel (772) 462-1265 Email McCrainK@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, FL 34982 Date Mailed 02/13/2019 PLANNING AND DEVELOPMENT SERVICES DEPARTMENT Planning Division VARIANCE RESPONSE FORM Please Return This Form To: St. Lucie County Planning & Dev. Serv. Dept. -Planning Div. ATTN: Kristopher McCrain, Project Manager 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email: McCrainK(a)stlucieco.org or Fax (772) 462-1581 Project PROPOSED REQUESTED VARIANCE: Petition of Dianne Soldevilla Description: for a Variance from the Provisions of Section 7.04.01 (Table 7-10) - Lot Size and Dimensional Requirements of the St. Lucie County Land Development Code. If approved, this variance will allow for an existing covered screen porch to encroach into the required minimum 20-foot side yard setback by no more than 9.12 feet, providing a total side yard setback of 10.88 feet; and to also allow the existing pool screen enclosure to encroach into the required minimum 30-foot rear yard setback by no more than 0.45 feet, providing a total rear yard setback of 29.55 feet for these structures within the AR-1 (Agricultural, Residential - 1 du/ac) Zoninq District. Current Zoning: AR-1 (Agricultural, File No.: I BA - 1220185425 11 Residential — 1 du/ac) 11 If you wish to comment, please check only one of the three following statements and return no later than Tuesday. February 26, 2019. Forms returned without a name and address will not be considered. All returned forms are a matter of public record and are available for viewing upon request. Please attach additional pages with comments, if necessary. I AM IN FAVOR OF THE REQUESTED VARIANCE I AM NOT IN FAVOR OF THE REQUESTED VARIANCE I HAVE NO OPINION ABOUT THE REQUESTED VARIANCE I certify that as of the date written below, I am a property owner within 500 feet of the requested Variance. Name (Please Print): Address: Date: Signature: Please call, Kristopher McCrain, Project Manager at (772) 462-1265 if you have any questions. Revised March 18, 2011 \\\\\\\\\\\\ ,,,,: 9999 i | - il;:i!!!!!!;!!! )i � ------ - j\j!!!))\\\\/\!\ \\\\\\\}\}\\\ .. ._._..:_ , . | ! ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA Wednesday, February 27, 2019 NOTICE OF PROPOSED VARIANCE REQUEST Notice is hereby given in accordance with Section 11.00.03 of the St. Lucie County Land Development Code and in accordance with the Provisions of the St. Lucie County Comprehensive Plan that the following applicant has requested that the St. Lucie County Board of Adjustment consider the following request: PURPOSE: A petition of Dianne Soldevilla for a variance from the provisions of Section 7.04.01 (Table 7-10) - Lot Size and Dimensional Requirements of the St. Lucie County Land Development Code within the AR-1 (Agricultural, Residential — 1 du/ac) Zoning District, to allow for an existing covered screen porch to encroach into the required minimum 20-foot side yard setback by no more than 9.12 feet, providing a total side yard setback of 10.88 feet; and to also allow for the existing pool enclosure to encroach into the required minimum 30-foot rear yard setback by no more than 0.45 feet, providing a total rear yard setback of 29.55 feet, for the following described property: LOCATION: 7017 Gullotti Place, Port St. Lucie, FL. 34952 PARCEL I.D.: 341450110061008 FILE NUMBER: BA-1220185425 The PUBLIC HEARING on this item will be held before the St. Lucie County Board of Adjustment on Wednesday, February 27, 2019 beginning at 9:30 am or as soon thereafter as possible in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of Adjustment should be received by the Planning and Development Services Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Department — Planning offices located at 2300 Virginia Avenue, 2"d Floor, Fort Pierce, Florida during regular business hours. Please call (772) 462-2822 or TDD (772) 462-1428 if you have any questions or require additional information about this petition. The St. Lucie County Board of Adjustment has the power to authorize variances from the dimensional requirements of the St. Lucie County Land Development Form 11-06 BOA Legal Ad —REVISED 12/5/2017 Code, in accordance with the Provisions of Section 10.01.00, of the St. Lucie County Land Development Code. The proceedings of the Board of Adjustment are electronically recorded. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim 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 to a date -certain. Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA /S/ RON HARRIS, CHAIRMAN PUBLISH DATE: February 13, 2019 1 column, 1-inch-wide, by 10 inches long. Send Proof to: St. Lucie County Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-2822 Fax - (772) 462-1581 Send Bill to: St. Lucie County Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-2822 Fax - (772) 462-1581 Form 11-06 BOA Legal Ad — REVISED 12/5/2017 Treasure Coast Newspapers I l d L A L A Y . St. Lucie News -Tribune 1939 SE Federal Highway, Stuart, FL 34994 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared, Natalie 2ollar, 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. Lucle News -Tribune in the following Issues below. Athens further says that the sold St Lucie News -Tribune is a newspaper published in Fort Pierce, in said St. Lucie County, Florida, and that said newspaper has heretofore been wntinuously published in said St. Lucie County, Florida, daily and distributed in St. Lucie County, Florida, for a period of one year neat preceding the Brst publication of the attached copy of advertisement; and affsenl 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 neat preceding the first publication of the attached copy of advertisement. customer AdNumber Co"line PO 438160- ST LUCIE COUNTY GROWTH MANAGEM 2224992 PROJECT NAME SOLDEVILLA DIANNE Pub Dates February 13, 2019 Sworn to and subscribed before me this day of, February 23, 201%by .who is Natalie Zoll r (X) personally known to me or I I who has produced _ Karol Kangas Notary Public /,.. � KMOLf Y.LIXsIf / IN.ayPudk-RHedibW i�' [arAJubntG81WN1 '�`V'�'sY11 MYCmm.Bg4e1NN,1 '•L4'1•• traeiM1uNxor.Iblgax identification. Planring & Development Services FEB 1 3 2019 RECEIVED ST. LUCIE COUNTY BOARD OF the dimensional requirements ADJUSTMENT of the St. Lucie County Land PUBLIC HEARING AGENDA Development Code, in accor- Wednesday, February 27,2019 dance with the Provisions of Section 10.01.00, of the St. NOTICE OF PROPOSED Lucie County Land Develop- VARIANCEREOUEST ment Code. LOCATION: 7017 Gullotti Place, Port St. Lucie, FL. 34952 PARCEL I.D.: 341450110061008 FILE NUMBER: BA-1220185425 The St. Lucie County Board of Adjustment has the power to authorize variances from BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA /S/ RON HARRIS, CHAIRMAN PUBLISH DATE: February 13, 2019TCN 2224992 Plenrilirg 3 Development Services FEB 13 2019 RECEIVED COUNTY'' F L O R PEP I D A TO: Board of Adjustment Planning and Development Services Department Planning Division IhI1 :8hltell M-11►1911)IT, I THROUGH: Mayte Santamaria, Assistant Director of Planning & Development Services Linda Pendarvis, Development Review Coordinator FROM: Kris McCrain, Associate Planner DATE: February 5, 2019 SUBJECT: Petition of Leah Phillips for a variance from the provisions of St. Lucie County Lana Development Code Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements, to allow an existing outdoor utility shed to encroach into the side and rear setback ITEM NO.: V LOCATION: 5069 Margaret Ann Lane, Fort Pierce, FL. 34946, ZONING DISTRICT: RMH-5 (Residential, Mobile Home — 5 du/ac) FUTURE LAND USE: MXD (Mixed -Use Development) PURPOSE: The purpose of this variance is to allow for an existing utility shed to encroach into the required minimum 15-foot rear yard setback by no more than 3.1 feet, providing a total rear yard setback of 11.9 feet; and encroach into the required minimum 10-foot side yard setback by no more than 5.2 feet, providing a total side yard setback of 4.8 feet for this structure, within the RMH-5 (Residential, Mobile Home — 5 du/ac) Zoning District. EXISTING USE: Single -Family Residence UTILITIES: Water is available through Fort Pierce Utilities Authority. Waste Water is provided by an on -site septic system. SURROUNDING ZONING: RMH-5 (Residential, Mobile Home — 5 du/ac) zoning surrounds the subject property in all directions. ROADWAY IMPROVEMENTS: None Board of Adjustment Phillips, Leah Variance (BA-1120185418) February 5, 2019 Page 2 BACKGROUND: The subject property is located in the Green Acres Subdivision, approximately 520 feet west of the Treasure Coast International Airport, at 5069 Margaret Ann Lane. The Green Acres Subdivision was platted in 1971 (Plat Book 16, Page 10). The 0.17-acre parcel is rectangular shaped and has a total area of 7,500 square feet. The subject parcel is currently zoned RMH-5 (Residential, Mobile Home — 5 du/ac), with a MXD (Mixed -Use Development) Future Use Designation, and is located within the USB (Urban Service Boundary). The subject parcel has a total land area of 7,500 square feet with a maximum lot coverage by buildings of 2,625 square feet for the RMH-5 zoning district. The existing structures located on the parcel include a single-family residence, covered screen porch and metal utility shed, for a total building coverage of 1,739.23 square feet. Although the subject parcel does not meet the required minimum lot size of 10,000 square feet for the RMH-5 zoning district, the parcel has been determined to be a Nonconforming Lot of Record. The applicant submitted an after the fact permit for the existing shed on May 11, 2018 (Permit # 1805- 0371), which is still pending and under review by the St. Lucie County Building Department. According to the responses provided by the applicant on the variance supplement package, the original wood frame utility shed was constructed in 1979 and sustained damage during Hurricane Irma in 2017. After attempting to repair the leaks and other damage sustained from the storm, the shed was replaced with a smaller metal framed utility shed on the existing concrete slab. The applicant has indicated the shed is used to store the pool pump and other miscellaneous items. Board of Adjustment Phillips, Leah Variance (BA-1120185418) February 5, 2019 Page 3 PROJECT BENCHMARK SET NAIL/TIN TAB (NO ID) EL=100.00 (ASSUMED) CALCULATED —POSITION 700.02MARGARET ANN LANE 2D' 124.96' 09 g9 (60' R/W) 10p1k ASPHALT FND IP (NO ID) (0.1' NORTH, IUo 0.1' EAST) r70 y 099 S9O'OO'OO"E 7014, 1 ) 75.00 00a 001 '� 1 _ _ R/W LINE — x x x x x R/W LINE FENCE TIE (0.5' LOT 7 BLOCK 1 FENCE TIE SOUTH, (0.3' EAST)' EAS w Z n n tj �� � rn OO wU U OO O O 0O O 10.7' O p LOT 8 O� U t o LOT 6 FFE=104.49 O o pool FFE=104.65 Z U h Single LL p`ti Family Residence 'o g �. U7 1,061.76 m FENCE TIE g (2,0' NORTH, Sq.Ft CONC DECK 1.7' EAST) f~/1 McWI 10�, FENCE TIE 10.4- (0.4' WEST) z Shed ^ o 65,6 ENCE TIE (1.4' NORTH, FND IP (NO 10) Sqft m a CONC 0.6' EAST) (0.1' SOUTH, FND IP (NO ID) 0.1' WEST) 10' U.E. ��'9 12'2 (C.2' WEST) x N90'00'00"W O d r° �o Doti ,a�� z 75.00' ° 'o 'g. moo, N LEGEND UNPLATTED ACREAGE R - CURW RADIUS Board of Adjustment Phillips, Leah Variance (BA-1120185418) February 5, 2019 Page 4 The following table provides the minimum lot size and dimensional requirements for structures within the RMH-5 (Residential, Mobile Home - 5 du/ac) Zoning District. Minimum Lot Size and Dimensional Requirements RMH-5 (Residential. Mobile Home - 5 du/ac) Table 7-10 Lot Size and Dimensional Requirements Min Lot Min Lot Min Road Minimum Yard Max Lot Zoning District Size (sf) Width Frontage Coverage Front Rear Side RMH-5 Residential Mobile 10,000 75 30 25ft. 15ft. loft. 35% Home-5du/ac Environmental Resources Review: The Environmental Resources Department has performed a cursory environmental review and stated there are no environmental issues regarding the requested variance. STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a variance from the St. Lucie County Land Development Code, the Board of Adjustment shall consider and make the following determinations: The variance requested arises from conditions that are unique and peculiar to the land; structures, and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the Provisions of Chapter 7 are literally enforced; that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Chapter 7, of this Code, and not by an action or actions of the property owner or the applicant. The owners are requesting a variance, from the provisions of Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements of the St. Lucie County Land Development Code, to allow an existing utility shed to encroach a maximum of 3.1 feet into the required minimum 15-foot rear yard setback and a maximum of 5.2 feet into the required minimum 10-foot side yard setback within the RMH-5 (Residential, Mobile Home - 5 du/ac) Zoning District. The applicant has submitted a survey which reflects the existing modular home, utility shed, pool and pool deck located on the subject property. The variance does not arise from conditions that are unique and peculiar to the land or physical surroundings. Special conditions and circumstances do not exist that are peculiar to the parcel of land, building or structure, that are not applicable to other parcels of land, structures or buildings in the same zoning district, or the Green Acres Subdivision. The lot is not irregularly shaped and is similar in shape and size to the surrounding properties. Board of Adjustment Phillips, Leah Variance (BA-1120185418) \� February 5, 2019 U Page 5 2. The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The granting of the requested variance is neither expected to harm other property or improvements in the neighborhood, nor is it expected to impair an adequate supply of light or air to adjacent public streets, increase the danger of fire, or endanger the public safety. The surrounding properties are of similar size and are zoned RMH-5, with existing single-family residences to the north, east and west. The vacant parcel located to the south of the subject parcel is approximately 2.0 acres and currently zoned CG (Commercial General) with a MXD (Mixed Use Development) Future Land Use. 3. The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structures. The requested variance is not the minimum necessary that will make possible the reasonable use of the land, building and structures. Although the existing utility shed is smaller in area than the previously damaged shed, the structure does not meet the required minimum rear and side yard setbacks for the RMH-5 Zoning District. 4. The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The variance requested is not entirely in conflict with the goals, objectives and policies of the St. Lucie County Comprehensive Plan. Although the outdoor shed's encroachment into the rear and side yard setbacks are in conflict with the Land Development Code, the modular home, pool and pool deck do comply with the building height requirements and the required minimum front, side and rear yard setbacks for the RMH-5 (Residential, Mobile Home — 5 du/ac) Zoning District. RECOMMENDATION: Staff has reviewed this petition and determined that it does not conform to a strict interpretation of the standards of review as set forth in the St. Lucie County Land Development Code Section 10.01.02. The variance sought does not arise from conditions that are unique and does not qualify as a hardship as defined in the St. Lucie County Land Development Code. Staff is, therefore, recommending denial of the requested variance. Board of Adjustment Phillips, Leah Variance (BA-1120185418) February 5, 2019 Page 6 Suggested motion to recommend approval/denial of this requested variance. kb' �� 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 LEAH PHILLIPS, FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01 (TABLE 7-10) LOT SIZE DIMENSIONAL REQUIREMENTS, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO PERMITAN EXISTING UTILITY SHED TO ENCROACH INTO THE REQUIRED MINIMUM 15-FOOT REAR YARD SETBACK BY NO MORE THAN 3.1 FEET, PROVIDING A TOTAL REAR YARD SETBACK OF 11.9 FEET; AND ENCROACH INTO THE REQUIRED MINIMUM 10-FOOT SIDE YARD SETBACK BY NO MORE THAN 5.2 FEET, PROVIDING A TOTAL SIDE YARD SETBACK OF 4.8 FEET FOR THIS STRUCTURE, WITHINTE RMH-5 (RESIDENTIAL, MOBILE HOME — 5 DU/AC) ZONING DISTRICT, BECAUSE.... 0'('1 1, � _ ahk 1 (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 LEAH PHILLIPS, FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01 (TABLE 7-10) LOT SIZE DIMENSIONAL REQUIREMENTS, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO PERMIT AN EXISTING UTILITY SHED TO ENCROACH INTO THE REQUIRED MINIMUM 15-FOOT REAR YARD SETBACK BY NO MORE THAN 3.1 FEET, PROVIDING A TOTAL REAR YARD SETBACK OF 11.9 FEET; AND ENCROACH INTO THE REQUIRED MINIMUM 10-FOOT SIDE YARD SETBACK BY NO MORE THAN 5.2 FEET, PROVIDING A TOTAL SIDE YARD SETBACK OF 4.8 FEET FOR THIS STRUCTURE, WITHIN THE RMH-5 (RESIDENTIAL, MOBILE HOME - 5 DU/AC) ZONING DISTRICT, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC). ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://Www.stlucieco.or-giplanning/planninci.htm DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Type [check each that applies Site Plan ❑ Major Site Plan Rezoning' ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Comprehensive Rezoning with Plan Amendment Plan Amendment 4 ❑ ❑ Major Adjustment to Minor Site Plan Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan Other ❑ Minor Adjustment to PUD/PNRD/PMUD o Administrative Relief Class A Mobile Home° Planned Development O Planned Town or Village (PTV) ❑ ❑ Developer Agreement (Submit per LDC ❑ Planned Country Subdivision (PCS) 11.08.03) ❑ Planned Retail Workplace (PRW) O Power Generation Plants ❑ Prelim. Planned Unit Develop. (PUD) ❑ Extension to Development Order ❑ Prelim. Planned Mixed Use Develop. (PMUD) Develop. (PNRD) ❑ ❑ Historical Designation/Changes Land Development Code Text Amendment 7 ❑ Prelim. Planned Non -Res. ❑ Final Planned Unit Develop. (PUD) Final Planned Mixed Use Develop. (PMUD) o ❑ Plat Post Development Order CB ange ❑ ❑ Final Planned Non -Res. Develop. (PNRD) ❑ Re -Submittal # Conditional Use' ❑ ❑ Shoreline Variance Stewardships — Sending/Receiving ❑ ❑ Conditional Use Major Adjustment to a Conditional Use ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Minor Adjustment to a Conditional Use ❑ Transfer of Development Rights Waiver to LDC/Comp. Plan Requirements' Variances ❑,Administrative Variance ❑ ❑ Appeal of Decision by Administrative Official" �S Variance ❑ Eminent Domain Waiver" ❑ Variance to Coastal Setback Line Application Supplement Packages 1. Conditional Use 6. Historical Designation/Change 10. Appeal Decision by 2. Variance 7. LDC Text Amendment Administrative Official 3. Rezoning / Zoning Atlas Amend. 8, Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan 5. Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be Included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised March 2. 2018 Submittal. Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. applications must Include the following: / Application, completed in black ink, with property owner signature(s) and notary seal (1 original and tj copies / ❑ iai Photograph — property outlined (available from Property Appraiser's office PFWeerty Deed — Rti p. 6q f.. t C j W legal description, in MS Word format, of subject property ❑ P�ry erty Tax Map — property outlined (electronic copy not required) fySCDs of CDs of all documents submitted -with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ❑ Site Plan 24"x36" at a scale of 1"=50' (12 copies -folded, not rolled) ❑ 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: 0 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is 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 ❑ 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 2 of 6 Revised March 2, 2018 Project Name: Site address: _ Parcel ID Project Information CR V E-9 Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) Green acres SJD 13LIC I L0 T q (or2 5.31 1-1'1 Property location—SectionrrownshiprRange: 30 3q S gofE TtArtJ, ,C- 6)1 If�f Property size — acres: Square footage: i f JOO (SF) L-146 ie' . Future Land Use Designation: pgs;do�ika, COUP Zoning District: Description of project: (Attach additional sheets if necessary) R04Mrrre4 po mP ana m a. Sfor-03°), Cxl�+,= 5%ed cues ��a�ed �` too Leaks f-�, d U e ro 16 jearS huvri-edi,e� i�l'i-rI --C:r .. Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing ❑ Industrial Total Square Footage: Existing Residential No. of residential units: Existing No. of subdivided lots: Existing Ot er Please specify: Number and size of out parcels (if applicable): , 1 J N Proposed: Proposed: Proposed: Proposed: Wl CO- 1111 ffi QS �- vwn Page 3 of 6 Revised March 2, 2018 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information Business Narne:-. (Please use an address that can accept overnight Phone: / Fax: Email: « G L f Please note: both I Address: (Please use an address that can accept overnight pack/ages) 1 Phone:.'/'�.J7 v?�T,9" zf�1lY� ! L IZ Fax: /Za�Z'w4�'�>%/ and anent will receive all offlclal on this Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all Property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. pp6 Prop Omer SI nature --firp1 ,,. /� Propo y a'+ner ame (Pool o Mailing Address: "A WAkPhone: l�(��� 7jq" k Prewe �� r If more than one owner, please submit additional t�% pages STATE OF Y 11k , COUNTY OF LAO I e The foregoing Instrument was acknowledged before me this _ day of _, 201 '_ by t� u 1 6' f ('1(�� who is personally known to me or who has produced Naur PoW • 6 C"Wislon Page 4 of 6 Revised March 2, 2018 as identification. iGt .A-.h AheS Type d Print Nome of Nvery Number (Seal) FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division _ Application Type: Vl i._9� Supplemental Applicatioh Package No.: (Please provide separate fee calculation worksheet for each application type) BASE REVIEW FEE: $ (A) ❑ CONCURRENCY FEE: $ (B) ❑ ERD REVIEW FEE: $ (C) ❑ UTILITIES $ ❑ PER ACREAGE CHARGE: $ (D) ❑ RESUBMITTAL FEE: (if applicable) $ (E) ❑ OTHER $ SUBTOTAL OF BASIC FEES: $ ❑ PRE -APPLICATION MEETING FEE: (F) $( ) deduction Receipt No. of Payment: Date of Pre App BALANCE OF FEES DUE: $ SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 — Methodology Meeting (H)(If Applicable) • Additional fees will be due if a 3rd party traffic study review is needed. These services will be invoiced to ' applicant upon receipt of quote of services from 314 party. • Please note: For all projects requiring public notice, you will be invoiced by Si. 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 31 (For office use only) INTAKE REVIEWER:- SIGNATURE DATE VERIFIED BY -SIGNATURE DATE File#: ReceiptM Targeted Industry. Page 5 of 6 Revised March 2, 2018 Supplement 2 Variance Application Supplement Refer to St Lude 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.) Setbacks are only 5 feet on either side and 10 feet on rear. 5 feet needed each way to meet requirements. 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: Replacement of existing shed that was previously built in 1979. 3. State the specific hardship imposed on the owner by the LDC? Shed was damaged in Hurricane Irma last year. Shed had been replaced in its existing location (actually smaller in size than before). The shed location, its size and its usage is important to the owner and needed for storage and pool pump enclosure. 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship_ Setbacks have changed since the original shed was built previously in 1979. The owners sons did what they could to try to fix the dangerous damaged shed, and in turn ended up replacing it with the exisiting shed. S. 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. New shed is actually smaller and up to new building codes. It is more appeasing to the eye and is of much better quality. This shed and its property are located in Green Acres a development with modular homes that have much less appealing sheds with much worse easment concerns than this property imporvement offer. The shed is located inside a fenced area away from neighbors fencelines. 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. No problem for traffic. No fire danger due to it being a metal structure (not wood framed as the previous shed). The improved shed is actually of more qulity and an importvement of consideration for the neighbors do to being able to sustain wind damage or concerns should another hurricane hit. 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. The improved new shed that has replaced the existing is actually smaller than the one previously there since 1979. It is appealing to the eye and encloses things not exposed that would take away from the general appearance of the yard. Page 1 or 3 Revised: February 5, 2013 Supplement 2 S. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. The shed being smaller allows maximun use of property, but still does not encroach on property lines. 9. Is this variance request within a Homeowners or Property Owners Association? YES NO If yes, then letter is required. • For any variance request wit n an a that has a Homeowners or Property Owners Association, a letter from that ssociation is required stating their position regarding the variance request. No 10. Name of Association N/A 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. LAG► a,, 'f /ffr l ,S Applicant or Agent Name (printe(j) Page 2 of 3 Revised: February 5, 2013 5' "RAW, a .e0 �1S(�i!jy eeYCO IOaY OI 'this Warranty Deed Mmir nn ,2 P►- toy of A4 e'er" It. 1), 107 by GEORGE B. DICKERSON and NANCY ANN DICKERSON, his wife bemin.lier callyd the grmdor, to JACKSON M. PHILLIPS and LEAH G. PHILLIPS 9a" Ndlwr ...Willie wbbr,s is 5069 Margaret Ann Lane, Ft. Pierce, FL 33450 hrminnfler roiled ibe prnnlrr; n V111, 1 "'" A:W M 1 nJ .......xluar aN de p,lw ,• �Ai. men( ,M Ill/ ihe Mil . Ind ue rvaumn and nn.ym rr :.14W..h. ud dr .rvva ,M ...nor of Witnesseth: Tml A, Finutor. I., and in ronsldr,.aw, .1 dm sum o(S 10. 00 and .11. •nLmLlr run,idrralluns, mrNpi wheu,.( is lu,"by art noodNluml. luaehy Brmns. hora.ga. sell, olirws. ra on.sm releases, mnrrys a,ul rw.lNon, unto On, 9... are. all thol m wn Imld slluntc In St. Lucie Cou„ly. 17Inndn. its: Lot 7, Block 1, GREENACRES SUBDIVISION, as per plat thereof recorded in plat book 16, page 10 of the Public Records of St. Lucie County, Florida '_aTATr F( IfW ' UOCUMENTARY,C: ;.;,S1AMP TAX I ,a = daa.l aF 6Is;'f 9 2. 5 0 1 Together with ail she l-nemml,, hereditament end .'Pune.... r' there(. belonging or In any- wise apPe,lalning. To liaue and to )told, the same In fee simple (ownr. e Rnd the grantor hereby muenanss with sold grantee that the grantor Is lawfully seised of sold land in fee simple: that the grantor has good dohl and lawful authority to sell and convey ..fit fond: that the orontor hereby fully warrants the title to said land and will defend the same against the lawful cll., of all persons whomsaerer; and that sold fond t (gee of all encumb,anees, a.c"I mass accruing subsequent 1. December 31. 1986 In Witness Ifttreof, she said nronler has egn,d and reeled these Peasant; the day and year flnl a a unillen. ' SIB d. r abA and delluo� in our presence: A _ /-,)_ STATE OF FL RIDA ± COUNTY OF 1 1 HEREBY CERTIFY ,hat on shl, die, briar, mI. a., uIlinr duty awhoei,sd in the State alorruid and in the Co..,, Ifa,esaid la u1r arin.='crrm,, wnerully ippared GEORGE B. DICKERSON and NANCY ANN DICKERSON, his wife to one 1waNA Ia br thr prrppn drurihrd in and xh. e.t,und the fouaoinS imtwmen, and tneYusnoxsedsed Isdore ma that they r,u..trd the umr. ••x.. WITNESS ors' hand and ollirid sl in the Cmamr and '•I Sun, tau afo,euid this a�i day all MY2.10 iNOp.... .......... :...._._......._......... .C1'... :....... .. ......_...... ........... ..J�i' "�'";iti; �Suhptiirm P'tr`/fdnJ/y: Willi Raikes, III 715 Delaware Avenue `-•y• !p+'s'V Ft. Pierce, FL 33450 / 87 APR —3 A8 35�FiLtC DOUG, ST.LUt't T` 816412 �o TfU TO SUBJECT PROKITTY ab$ N0T BEEN EXAMINED. BY. r {bE SCRIVENER, Ir Property Card Pagel of 3 Michelle Franklin, CFA -- Saint Lucie County Property Appraiser -- All rights reserved. Site Address: 5069 MARGARF:T ANN LN Sec/TowNRange: 30/34S/40E Map ID: 14/30S Zoning: RM11-5 Ownership Leah G Phillips 5069 Margaret Ann Ln Fort Pierce, FL 34946 Legal Description GREEN ACRES S/D a1.R I LOT 7 (OR 537.777) Current Values Just7Market Value: S63,800 Assessed Value: $63,800 Exemptions: $39,300 Taxable Value: $24,500 Taxes for this parcel: SLC Tax Collectors Office Download TRIM for this parcel: Download PDF Property Identification Parcel ID: 1430-700-0007-000-2 Account U: 10217 Use *1 0200 Jurisdiction: Saint l.ucie County Total Areas Finished/Under Air (SF): Gross Area (SF): Land Size (acres): Land Size (SI'): Sale History Date Book/Page Sale Deed Grantor Code Mar I, 1987 0537/0777 XX00 CV Aug 1, 1979 0318/0465 XX01 CV May 1, 1973 0214 / 1005 XX00 CV Building Information (1 of 1) Finished Area: 1,054 SF Gross Total Area: 3,232 SF Exterior Data View: Roof Cover: Roof Structure: Building Type: MHL Year Built: 2005 Frame: Grade: MANH Effective Year:2005 Primary Wall: Story I[eight: I Story No. Units: I Secondary WAIT: Interior Data Bedrooms:0 Electric: Primary hit Wall: Full Baths; 0 Heat Type: Fred[lotnir Avg Iigt/Floor:0 Half Baths: 0 I lest Fuel ELEC Primary Floors: A/C %: 100% 1leated %: 100% Sprinkled %: N/A% 1,054 3.232 0.17 7.500 Price S18.500 $9,233 $5,000 https://www.paslc.org/RECard/ 1 /7/2019 Property Card Ab 0191j �r 901 ] YX I l]9'1 110511 Sketch Area Legend Sub Area Description Area Fin.Area Perimeter MH BASEAREA 1054 1054 135 NVPD Pool Deck for Sketch Only(V8lued in SFYI) 1196 0 160 PA PATIO FINISI IED 128 0 52 SPA Mobile Home Screen Porch Average 322 0 74 UMA Utility Room for MHA 332 0 94 Special Features and Yard Items Type Qty Units Year Bit CONCRETE LOW 1 91 2005 CHAINLINK 4' 1 I80 2005 RES POOL. AVG 1 480 2005 POOL DK-AVG 1 716 2005 Current Values Breakdown Building; $55.400 Land: $8,400 Just/Market: $63,800 Ag Credit: $0 Save Our Homes or $0 10% Cap: Assessed: $63,800 Exemption(s): $39.300 Taxable: $24,500 Current Year Values Current Year Exemption Value Breakdown Tax Grant Code Description Year Year 2018 1999 0500 Homestead Exemption 2018 2008 0550 Homestead Exemption over S 50.000 2018 2008 4000 Widow's Exemption Current Year Special Assessment Breakdown Page 2 of 3 Amount S25,000 $13.800 $500 Start Year AssessCode Units Description Amount 1999 0051 1 Fort Pierce Farts Water Management $19.50 District 2009 2009 12 County Solid Waste $252.06 This does not necessarily represent the total Special Assessements that could be charged against this property. rite total amount charged for special assessments is reflected on the most current lax statement and information is available with the SLC Tax Collectors Office . Historical Values Year Assessed Exemptions Taxable $63.800 $39,300 $24,500 $63.097 $38,597 $24,500 $61,800 $37,300 $24,500 Just/Market 2018 $63,900 2017 $65.400 2016 $61.800 https://www.paslc.org/RECard/ 1/7/2019 Property Card Permits Page 3 of 3 Number Issue Date Description Amount Fee 0000290 Apr I, 1974 RP Tag for so so Mobilc Home C05050105 hm 15, 2005 Allerations/Remodeling $4,499 so Notice: This does not necessarily represent ill the pennils for this propcily Click the following link to check for additional permit data in Saint Lucie Count This informalion is believed to be correct at this time bill it is sut jccl to change and is not warranted. Pl Copyright 2019 Saint Lucie Coonly Property Appraiser. All rights reserved. littps://www.paslc.org/RECard/ 1/7/2019 St. Lucie County Land Development Code Section 3.01.03 Zoning Districts K. RMH-S RESIDENTIAL, MOBILE HOME - S. 1. Purpose. The purpose of this district is to provide forthe permanent location of mobile homes for residential purposes, together with such other non-residential uses as may be necessary for and compatible with mobile homes. 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. Mobile home parks and courts subject to the requirements of Section 7.10.17. (999) c. Single-family detached dwellings on lots conforming to the dimensional requirements of Table 7-10.(999) 3. Density, Area, Yard, and Height Requirements. The density and dimensional requirements shall be in accordance with Section 7.04.00. 4. Parking. Parking shall be in accordance with Section 7.06.00. 5. Landscaping. Landscaping shall be in accordance with Section 7.09.00. 6. Conditional Uses: a. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 7. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00. a. Solar energy systems, subject to the requirements of Section 7.10.28. 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 Section 7.10.16 (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 VII. c. For properties lying outside of a Special Flood Hazard Area, as further defined under Chapter Il 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 Faris. 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. �d y o a L T G o 0 0 0 0 0 0 0 g U iG x IJ\ L .p L OM OM O O O O O O V i N N N N N N ON N O O O V? V? O � r r a - a ' a•Q M M � M M M M M a ` z s � r r r r 3 Q •� o� � � r o 0 0 0 N •y i W W az a O O O O O O O O O O O O O O O O O O O O O O O O O O O O O o O o O O O O O O N N N N N N O 00 ob co OO OA Oq bA V1 h 'n IN N Vl N N vi N N vt N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O F E rn w � E 0, O L O a w w z w z m �_ z z Wa Vw Wa �� F zrswj Lna ; �a rA x s z a a a 0 0 0 0 0 0 0 0 o a o o O O O O O O O O M M �/1 Vl V1 M V1 Vl M O V1 O O O O O O O O O O N N O O N N N N O O '9 O O v O O O O O r r v G r� O O v O O O O O N N O O N V M M M M M vi vl N N C Vl C Vl vi v1 A 'n h O O O O O O N N Vl Vl N Vl .^V.. � Vl Vl Vl Vl N N N N O O O O O O O O v O O O O O O O O O v C> O O O O N N O O O O 00 O O 0 O O O O 00 O O O O O O O O O O �O b � � W W O O O O oc Wa 7 N N 0. ° > w a < F GL } N a E. .-� ri w m U v z ct a a A w m w U a F F o It vi U OU U d U U U 0 0 i o i M M O � O O O M N N O O O V M M M O O O O O O O O N M O O O O F U F U F U o ri o �n v, vWi vWi vWi � vl N N W W W F- W O O O O V O O O O N N w a F O C F w w z F F Owa' >.c C7 7 w0 zA0 �O a Z a w> a a> z> x W A vF as z Ug o z oa A a A a a v a a a x y O y O Y N O C C M � N tNd U •� �" N v N � ❑ y G T > O ; E ° U y 7 Y L. a ' G ^ Y N G O •�, W N N .@ O O •d .y C� G � U on c � � E •O v c o. � •v y y C1 � 'E o NE a z W > w °o Ev° GU T U �'' E p 0w .� o •oD O cn M ❑ y ba •E � L U O G 0 4n 0'u a y E r N s a OJ N o o ••'� U °A a 0 O v 0 x on y o 3 > 8 o m ° N E .� o G° 0 z �° O > ov 0 Y p •N O N w o > w Y •• L O b o+ N E 3 �, 0 y u a 3 � G s w � 'e cai ❑ u G G � � .� r o d v v E N y y a R c o Ob N E a a� N bn H y R w X G rti .0 N G m cl X G C YO a y Y ftl G y0, 'O N 04 W .r F tC 03 yy N y y N U W w L Y x L p' N 7 �. U 0 O p ❑ O O �a `n R y Y yam.'° r ` N >. N •U E� Y U o �U G R •O aGi cl .N. '❑d N E .N U W OR E N Y E R p, O O D. b t i G a0+ R O `+.O O y m N G U C N N 'O N W z iN. N 'S G. G L . iC..n r 'N O '❑O a+ O 'OC 7 C a N y f6 l'! G G fUO 7 p U C 7 d cl 0..�. ,� O Y E Y� CO G O G o N a O N U O C 4 E G N O O O p On 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 Section 7.04.00; 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 Section 10.00.04; 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 Section 3.01.00; 3. Permit a variance from the provisions of Section 4.01.00 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 Section 10.01.07. C. A variance from the requirements Section 7.07.00, Stormwater Management, shall be governed by the provisions of Section 10.01.08. D. A variance from the requirements of Section 7.05.06, Driveways, shall be governed by the provisions of Section 10.01.09. E. A variance from the requirements of Section 6.05.00, Flood Damage Prevention, shall be governed by the provisions of Section 10.01.10. F. No variance from the dimensional requirements of Section 7.00.00, other than variances granted for or in conjunction with a Final Development Order as described under Section 11.02.00, 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 Section 11.02.00shall 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 for one hundred percent (100%) variance from road frontage requirements, proof of recorded legal access shall be furnished with the application; 5. The purpose for the requested variance and a statement of the intended development of property if the variance is granted; 6. A statement of the hardship imposed on the applicant by this Code; a statement setting forth reasons why this hardship is unique to the applicant, and why the same hardship is not . imposed on other property in the neighborhood that is similarly situated; a statement of why the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located; a statement of why the variance will not increase traffic, the danger of fire, or impair property values in the neighborhood; a statement of why the proposed variance is the minimum variance that will make possible a reasonable use of the land, building, and structures; and a statement explaining how the proposed variance is consistent with the general spirit and intent of this Code and the St. Lucie County Comprehensive Plan; 7. If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in 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. 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 Section 4.00.00. 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 Section 11.00.03. In reviewing the application for variance approval, the Board of Adjustment shall use the standards in Section 10.01.02. 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 Section 4.00.00, 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 Section 11.00.04(F). 10.01.06. - Extensions of Variance Approvals. The time limitations imposed on any Variance by Section 10.01.03(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 Section 10.01.05. 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 law. 00 T qRT 00 T 0 N T T pals c O O J 0 i ' I :F FFI i i • � I � i • it J 1a ,• r � '3�i ,� " , —fir � r''� Ir TO .:4 IL ei 7r Ile r Ys1 � � , `' A � • low cr M ro- r .. j � Awl. Moo= V /C \V W •L �i m V co M O d N J r r w N � .0 a M a J z J Q N cn W E I W�INGa�.. Q Z J Z Z a W Q a J c9! 0 J m w_ U 7 J N J J n .i mo i n C Z C 0 3 0 H w cp 3 z ^ N 3 Q " O �Z N J Q � a n d a m 2i31 ONIMSS0210 O8 (INOWWVH m L. w 00 i J LO W CD J p � N z w r. e_ z J > ¢ w Q 1S VOINO A3A of CA m Q CL .� o 0100 co Z Q W o co U w O z Oila31N30LO 0 O � C i � L � � 3 W U , cn Lo d S. Photos of Property 5069 Margaret Ann Lane, Ft. Pierce, FL. 34946 Previously Damaged Shed I E • PLANNING AND I)i_VEL0P\1EN'T' ' SERVICES DLPAR'l MEN 1 Planning Division Pbwft 8 Development COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS - SIGN AFFIDAVIT Services STATE OF FLORIDA FEB 1 1 2019 COUNTY OF ST. LUCIE �( p�^ �.&LA P l //f F r being first duly sworn deposes and sf�tICEIVED 1. 1 am the owner or the agent for the project known as Phillips, Leah Variance for the following petition: File No. BA - 1120185418 2. 1 hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E of the St. Lucie County Land Development Code for the Board of Adjustment public hearing to be conducted by Wednesday, February 27, 2019 on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by the St Lucie County Planning and Development Services - Planning Division on Wednesday, February 13, 2019. The following required documentation is attached: A. Dated Photo submitted electronically (Close up) Z B. Dated Photo submitted electronically (Distant) Further affiant sayeth not. 6 . Signature of Affiant STATE OF FL I A COUNTY OF� The foregoing instrument was acknowledged before me a--- e this day of rf�l/Y�Qti , 20A, by LeAh 2hiflig . Said personX, is personally known to me, _produced a driver's license issued by a state of the United States wjkn the last five (5) years as 094fication, or _ produced other identification, to wit Clio, NERI ANN HUGHES Notary Publle - Stale of FloridaCommission A FF 220849 My Comm. Expires May 15. 2019 00rd0d lraaepa Nnll� 'tl Notary AWL i State of S Typed or Printed Name of Notary Commission No.: FF 22'D oo ` 't 10 My Commission expires: Mu�j (5 130 1 ST. LUCIE Adjustment John Doe 123 Anywhere St. Anywhere, USA 12345 Public Hearing Date: Wednesday, February 27, 2019 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL. 34982 Meeting Time: 9:30 AM (or soon thereafter) Applicant/Property Owner Leah Phillips 5069 Margaret Ann Lane Fort Pierce, FL. 34946 Project Location 5069 Margaret Ann Lane Fort Pierce, FL. 34946 Future Land Use MXD (Mixed -Use Development) Existing Zoning RMH-5 (Residential, Mobile Home - 5 du/ac) Staff's Recommendation Denial ,.. 1 Public Hearing Notice Notice of Proposed Variance Request File Number: BA-1120185418 This notice is provided because you are an owner of property within 500 feet of the proposed petition. Proiect Description The petitioner has requested a variance from the provisions of Sec. 7.04.01 (Table 7-10) - Lot Size and Dimensional Requirements of the St. Lucie County Land Development Code, to permit an existing utility shed to encroach a maxi- mum of 3.1 feet into the required mini- mum 15-foot rear yard setback and a maximum of 5.2 feet into the required minimum 10-foot side yard setback within the RMH-5 (Residential, Mobile Home — 5 du/ac) Zoning District. The subject 0.17 acre parcel is located at 5069 Margaret Ann Lane, Ft. Pierce, FL. 34946. The St. Lucie County Board of Adjust- ment (BOA) has the power to authorize variances from the dimensional require- ments in accordance with the provisions of Section 10.01.00, of the St. Lucie County Land Development Code. County policy strongly encourages pub- lic input and comment at the public hear- ing. You may also mail or email written comments regarding this proceeding in advance of the public hearing for inclu- sion in the official record. Written com- ments to the BOA should be received by the Planning and Development Services Department —Planning Division at least 3 days prior to the scheduled hearing. Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772.462.1546 or TDD 772.462.1428 Further details are available in the Planning and Development Services Department —Planning Division please contact: Staff Kristopher M. McCrain Tel (772)462-1265 Email McCrainK@stlucieco.org _ Mail 2300 Virginia Avenue Fort Pierce, FL 34982 Date Mailed 02/13/2019 PLANNING AND DEVELOPMENT SERVICES DEPARTMENT Planning Division VARIANCE RESPONSE FORM Please Return This Form To: St. Lucie County Planning & Dev. Serv. Dept. -Planning Div. ATTN: Kristopher McCrain, Project Manager 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email: McCrainK(a)stlucieco.oro or Fax (772) 462-1581 Project PROPOSED REQUESTED VARIANCE: Petition of Leah Phillips for Description: a Variance from the Provisions of Section 7.04.01 (Table 7-10), Lot Size and Dimensional Requirements of the St. Lucie County Land Development Code, to permit an existing utility shed to encroach a maximum of 3.1 feet into the required minimum 15-foot rear yard setback and a maximum of 5.2 feet into the required minimum 10-foot side yard setback within the RMH-5 (Residential, Mobile Home — 5 du/ac) Zoning District. Project Location: 5069 Margaret Ann Lane, Fort Pierce, FL. 34946 Current Zoning: RMH-5 (Residential, Mobile File No.: BA - 1120185418 Home — 5 du/ac) If you wish to comment, please check only one of the three following statements and return no later than Tuesday, February 26, 2019. Forms returned without a name and address will not be considered. All returned forms are a matter of public record and are available for viewing upon request. Please attach additional pages with comments, if necessary. I AM IN FAVOR OF THE REQUESTED VARIANCE I AM NOT IN FAVOR OF THE REQUESTED VARIANCE I HAVE NO OPINION ABOUT THE REQUESTED VARIANCE I certify that as of the date written below, I am a property owner within 500 feet of the requested Variance. Name (Please Print): Address: Date: Signature: Please call, Kristopher McCrain, Project Manager at (772) 462-1265 if you have any questions. 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ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA Wednesday, February 27, 2019 NOTICE OF PROPOSED VARIANCE REQUEST Notice is hereby given in accordance with Section 11.00.03 of the St. Lucie County Land Development Code and in accordance with the Provisions of the St. Lucie County Comprehensive Plan that the following applicant has requested that the St. Lucie County Board of Adjustment consider the following request: PURPOSE: A petition of Leah Phillips for a variance from the provisions of Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements of the St. Lucie County Land Development Code, to permit an existing utility shed to encroach a maximum of 3.1 feet into the required minimum 15-foot rear yard setback and a maximum of 5.2 feet into the required minimum 10-foot side yard setback within the RMH-5 (Residential, Mobile Home — 5 du/ac) Zoning District, for the following described property: LOCATION: 5069 Margaret Ann Lane, Fort Pierce, FL. 34946 PARCEL I.D.: 143070000070002 FILE NUMBER: BA-1120185418 The PUBLIC HEARING on this item will be held before the St. Lucie County Board of Adjustment on Wednesday, February 27, 2019 beginning at 9:30 am or as soon thereafter as possible in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of Adjustment should be received by the Planning and Development Services Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development Services Department — Planning offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida during regular business hours. Please call (772) 462-2822 or TDD (772) 462-1428 if you have any questions or require additional information about this petition. The St. Lucie County Board of Adjustment has the power to authorize variances from the dimensional requirements of the St. Lucie County Land Development Code, in accordance with the Provisions of Section 10.01.00, of the St. Lucie County Land Development Code. Form 11-06 BOA Legal Ad —REVISED 12/5/2017 The proceedings of the Board of Adjustment are electronically recorded. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim 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 to a date -certain. Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any questions about this agenda may be referred to St. Lucie County Planning Division at (772) 462-2822. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA /S/ RON HARRIS. CHAIRMAN PUBLISH DATE: February 13, 2019 1 column, 1-inch-wide, by 10 inches long. Send Proof to: St. Lucie County Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-2822 Fax - (772) 462-1581 Send Bill to: St. Lucie County Planning and Development Services Department 2300 Virginia Avenue Fort Pierce, FL 34982 Phone - (772) 462-2822 Fax - (772) 462-1581 Form 11-06 BOA Legal Ad —REVISED 12/5/2017 Treasure Coast Newspapers I TCPA i_,AA St. Lucie News -Tribune 1939 SE Federal Highway, Stuart, FL 34994 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY 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 etter2ted copy of advertisement was published in the St. Lucle News -Tribune in the following issues below. Affiant further says that the cold St Lucie News -Tribune is a newspaper published in Fart Pierce, in said St. Lucie County, Florida, and that sold newspaper has heretofore been continuously published in said St. Lucie County, Florida, daily, and distributed In St, Lucle County, Florida, for a period of one year neat preceding the first publiation 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 secwing this advertisement for Publication In the sold newspaper. The St. Lucie News-Tdbune has been entered as Periodical Matter at the Post Offices in Fart Pierce, St. Lucie Cou nry, Florida and has been for a period of one year neat preceding the first publication of the attached so" of advertisement. customerlin PO a 438160- ST LUCIE COUNTY GROWTH MANAGEM 2225002 PROJECT NAME PHILLIPS LEAH Pub February 13, 2019 Sworn to and subscribed before me this day of, February 13, 2019, by —�%ict. C��l lee., ``�C..L.a' 1 .whole Natalie Zollgr (X( personally known to me or ( ( who has produced_ Ural Kansas V NotaryPublic g1aXEIGNMSIINPfNtlk-9slefor(ambeont(b L 12EW1 mycommERIenjulA 011 to�LdsAWaeaoNaaaFaas identification. PlenNnp d Development Services FEB 13 2019 RECEIVED ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA Wednesday, February 27, 2019 NOTICE OF PROPOSED VARIANCE REQUEST LOCATION: 5069 Margaret Ann Lane, Fort Pierce, FL. 34946 PARCEL I.D 143070000070002 FILE NUMBER: BA-1120185418 The St. Lucie County Board of Adjustment has the power to authorize variances from the dimensional requirements of the St. Lucie County Land Development Code, In accor- dance with the Provisions of Section 10.01.00, of the St. Lucie County Land Develop- ment Code. 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