HomeMy WebLinkAboutVariance ApplicationFEE & FEE, PLLC
FRANK I1. FEE,111
FRANK "HANK"FEE, IV
E. CI.AYTON YATES, P.A.
E. CLAYTON YATES
Wriler's Emall:
rree@fee3,atesth%v.com
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VEE, RATES & FEE, PLLC
1 A Partnership ofProjessiona! Corporations
ATTORNEYS AT LAW
SINCE 190S
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HISTORIC POPPELL HOUSE
426 AVENUE A
FORT PIERCE, FLORIDA 34950
July 25, 2018
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Mr. Stephen L. Smoak
Corporate Center Properties, LLC
175 Corporate Center Drive
Mooresville, NC 28117
FRED FEE (1888.1939)
FRANK FEE (1913-1983)
TELEPHONE
(772)461.5020
FACSIMILE
(772)468-3461
Re: Application for Administrative Variance from St. Lucie County Board of
Adjustment
Dear Mr. Smoak:
I appeared for argument this morning before the County Board of Adjustment and am
pleased to advise that we received a unanimous vote in favor of your petition.
Shortly before the hearing, I was advised, and later received the staff report submitted to
the Board that recommended a denial of our petition on the grounds that "it does not arise fiom
conditions that are unique and peculiar from the land and physical surroundings and are created by
the actions of the property owners." A copy of the staff report is enclosed. I was not entirely
surprised by this attitude on the part of the staff as they are hard-nosed in enforcing the Land
Development Code strictly as worded with little leave taken to vary the Code on specific facts. I
found it necessary to argue extensively that the travel space at the side of the pool adj acent to the
extension location was unduly restricted. I used the ADA argument that the staff refused to
mention in its report as residential properties are not subject to ADA requirements. I argued that
the ADA requirements are nevertheless beneficial to any permanent improvements, both present
and fiiture, All is well that ends well.
Enclosed is an invoice for services and costs advanced with credit given foryour earlier cost
deposit. Once again, the attitude of the County staff makes these applications difficult, particularly
as relates to out -of -pocked expenses. I regret the overall expense to you of the effort.
As a last requirement, the sign advertisingthis morning's publicc"aaring must be removed
from your property within ten days of today's date. Hopefully, you 177ft an acquaintance in the
area that can take care of that for you. If not, advise me, and I will seat it is done.
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Page Two
Mr. Stephen L. Smoak
July 25, 2018
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I expect to receive the instrument of waiver from the County for you to provide to your
design engineer or contractor.
Please do not hesitate to call with any questions or comments.
Very truly yours,
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�Z4
Frank H. Fee, III
FHFcsni
enclosures
FEE & FEE, P.L.L.C.
426 Avenue A
Fort Pierce, FL 34950
Ph:772-461-5020 Fax:772-468-8461
STEPHEN L. SMOAK
July 25, 2018
Corporate Center Properties, LLC
175 Corporate Center Drive
Mooresville, NC 28117
File #: SMOAK
Inv #: 9716
RE: Application for Administrative Variance from St. Lucie County
Board of Adjustment
DATE DESCRIPTION
AMOUNTLAWYER
Jul-25-18 For Services Rendered - All time and services devoted to
1,850.00 FHF
an application for adjustment and the lobbying of the
application with the St. Lucie County Board of Adjustment
and its staff, specifically including telephone consultations,
email messages, time devoted to research, arranging for
print and sign advertising as required, preparation and
revision of application and appearance at hearing
Totals
$1,850.00
DISBURSEMENTS ' Disbursements
Apr-13-18 Stephen J. Brown, Inc. (8 Certified Copies of Survey)
Apr-20-8 St. Lucie County (application fee)
Jun-21-18 Stephen J. Brown, Inc. Invoice #52707 (revision of survey to
show dimensions of expansion and distance to neighboring unit
Jul-10-18 Glomaster Sign Co., Inc. Invoice #76018 (preparation and
installation of sign of;notice of public hearing)
Jul-17-18 St. Lucie County (reimbursement for Advertising & Postage)
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Total Disbursements
Total Fees & Disbursements
Less Cost Deposit
Balance Due Now
100.00
850.00
275.00
372.75
238.75
$1,836.50
$3,686.50
$1,500.00
$2,186.50
Planning and Development Services
Department
MEMORANDUM
TO: Board of Adjustm
THROUGH: Mayte Santamaria, Assistant Director
Linda Pendarvis, Deivelopment Review Coordinator
FROM: Bethany Grubbs, Planner
DATE: July 9, 2018
SUBJECT: Petition of Stephen 11 and Gina Smoak for a variance from the minimum building
separation requirements in the Harbour Ridge — Sweetbay Village Planned Unit
Development (PUD).
ITEM NO. III
PROPERTY OWNERS: Sltephen and Gina Smoak
2!740 SW Martin Downs Blvd., #421
Palm City, FL 34990
LOCATION: 1518 NW Sweetbay Circle, Palm City, FL 34990
PARCEL ID: 4426-803-0045-000-2
ZONING DISTRICT: PUD (Planned Unit Development)
FUTURE LAND USE: RE (Residential Estate —1 du/ac)
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PURPOSE: Petition of Stephen and Gina Smoak for a variance from the minimum
building separation requirements in the Harbour Ridge - Sweetbay
Village .Planned Unit Development (PUD) to allow a proposed privacy
wall with screen enclosure to encroach a maximum of 5 feet into, the
required 30 foot separation between units as adopted in the Sweetbay
Village PUD, for a property located at 1518 NW Sweetbay Circle.
EXISTING USE: gingle-Family Residence (one-story, +/- 4,446 s.f.)
Board of Adjustment
Petition: Smoak Variance
July 9, 2018
Page 2 of 5
BACKGROUND
Stephen and Gina Smoak are _requesting a variance to reduce the required minimum .30 foot separation
requirement between units, to allow a proposed privacy wall with screen enclosure to be located on the east
side of the existing one-story, single-family residence that will encroach 4.26 feet within the separation
requirement. The subject property is located in the Harbour Ridge — Sweetbay Village .Planned Unit
Development (PUD), at 1518 NW Sweetbay Circle. The zoning of this property is PUD (Planned Unit
Development), and has a RE (Residential Estate) future land use designation.
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The Harbour Ridge Plat No. 8 / Sweet Bay Village Subdivision was platted in 1987 (Plat Book 26, Page 6).
The subject 0.25 acre property is a rectangular shaped lot and is approximately 130' x 90' (11,700 square
feet) in size. The said zoning district requires a minimum building separation between units of 30 feet. Any
deviation from these minimum dimensional requirements requires Board of Adjustment review and final
action.
Excerpt of boundary survey depicting the existing conditions
ces � 5
a
� S
Ep�To.
.OP c
a
mod'. 4.26 feet
30 foot separation required
10.21+15.53=25.74
30-25.74=4.26 encroachment
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Board of Adjustment
Petition: Smoak Variance
July 9, 2018
Page 3of5
Harbour Ridge — Sweet Bay Village PUD
Miniimum Dimensional Requirements
Mmimum,Buildmg
:Required
;..Proposed, ` `
�
• Setba.ck ti r �
,}
, z , % } � r
� ,
� S
Between Units (Side)
30 feet
East Side: 25.74 feet
Surrounding Land Use and Zoning
Futuren.'in"..
T
d,Existin L"and Use f
Location
_
Adjacent
North
RE (Residential
PUD (Planned Unit
Golf Course
Parcels
Estate) I
Development)
South
RE (Residential
PUD (Planned Unit
Pond
Estate)
Development)
East
RE (Residential
PUD,(Planned Unit
Single -Family Residence
Estate)
Development)
West
RE (Residential
PUD (Planned Unit
Single -Family Residence
Estate)
I Development)
STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for a variance from the St. Lucie County Land Development Code, the Board of
Adjustment shall consider and make the following determinations:
1. The variance requested arises from conditions that are unique and peculiar to the land,
structures, and buildings involved; that the particular physical surroundings, the shape, or
topographical condition of the specific property involved would result in unnecessary
hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if
the Provisions of Chapter 17 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 applicants have submitted a boundary survey prepared on August 21, 2017, which reflects the
single-family residence, attached guest room via covered walkway, pool, ,and the proposed privacy
wall with screen enclosure Iodated on this lot. The variance does not arise from conditions that are
unique and peculiar from the land and physical surroundings that would result in unnecessary
hardship for the owners. Thee lot is not irregularly shaped and is similar in shape and size as the
adjacent properties. It is the desire or actions of the property owners to construct a 5.45' X 28.28'
privacy wall with screen enclosure that encroaches within the (east) side yard separation
requirement.
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
3.
4.
Board of Adjustment
Petition: Smoak Variance
July 9, 2018
Page 4of5
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 adjacent properties are zoned PUD as, well, with existing single-family residences to the east
and west. The rear yard of the property abuts the subdivision's golf course. The requested variance
should not harm other property or improvements in the neighborhood, impair adequate supply of
light or air to adjacent properties or streets, increase the danger of fire, or endanger public safety.
The applicant received Harbour Ridge Architectural Review Board's partial approval on March 7,
2018 for the expansion of the pool deck and screen enclosure, assuming that the necessary
variance for,the expansion is obtained from the County.
The variance requested is the minimum variance that will make possible the reasonable use
of the land, building, or structures.
The provisions of the St. Lucie County Land Development Code (LDC) would not prevent
construction or expansion of a swimming pool screen enclosure around the existing swimming pool.
It is the actions of the property owners to install these improvements in a manner that do not comply
with the minimum separation 'requirements of the subdivision. A screen enclosure extension is not
necessary to make possible the reasonable use of the land, building, or structures.
The variance desired, will not be opposed to the general spirit and intent of this Code or the
St. Lucie County Comprehensive Plan.
Planned Unit Developments establish their own minimum building setback requirements for
structures. The deviation to the required separation between units is in conflict with the requirements
of the subdivision; however, the privacy wall and screen enclosure will be required to comply with all
other applicable requirements associated with the PUD, Land Development Code and Florida
Building Code.
RECOMMENDATION
Staff recommends denial of the varia'rice as it does not arise from conditions that are unique and peculiar
from the land and physical surroundings and are created by the actions of the property owners.
Board of Adjustment
Petition: Smoak Variance
July 9, 2018
Page 5 of 5
SUGGESTED MOTION TO APPROVE/DENY THIS REQUESTED VARIANCE:
MOTION TO APPROVE:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING
STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH' IN SECTION 10.01.02 OF
THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF
ADJUSTMENT APPROVE'THE PETITION OF STEPHEN AND GINA SMOAK FOR A VARIANCE FROM
THE MINIMUM BUILDING SEPARATION SETBACK REQUIREMENTS IN THE HARBOUR RIDGE,
SWEETBAY VILLAGE PUD SUBDIVISION FOR A PROPOSED PRIVACY WALL WITH SCREEN
ENCLOSURE TO ENCROACH A MAXIMUM OF FIVE (5) FEET INTO THE REQUIRED THIRTY (30)
FOOT SEPARATION BETWEEN I UNITS AS ADOPTED IN THE SWEETBAY VILLAGE PUD
SUBDIVISION, FOR A PROPERTY LOCATED AT 1518 NW SWEETBAY CIRCLE BECAUSE.......
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(CITE REASON WHY
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MOTION TO DENY:
- PLEASE BE SPECIFIC)
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 DiEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF
ADJUSTMENT DENY THE PETITION OF STEPHEN AND GINA SMOAK FOR A VARIANCE FROM THE
MINIMUM BUILDING SEPARATION SETBACK REQUIREMENTS IN THE HARBOUR RIDGE,
SWEETBAY VILLAGE PUD SUBDIVISION FOR A PROPOSED PRIVACY WALL WITH SCREEN
ENCLOSURE TO ENCROACH A MAXIMUM OF FIVE (5) FEET INTO THE REQUIRED THIRTY (30)
FOOT SEPARATION BETWEEN I UNITS AS ADOPTED .IN THE SWEETBAY VILLAGE PUD
SUBDIVISION, FOR A PROPERTY LOCATED AT 1518 NW SWEETBAY CIRCLE BECAUSE.......
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(CITE REASON WHY - PLEASE BE SPECIFIC)