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HomeMy WebLinkAbout07-28-04 MinutesST. LUCIE COUNTY BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA JULY 28, 2004 REGULAR MEETING MINUTES MEMBERS PRESENT: Chairman Richard Pancoast, Bob Bangert, Buddy Emerson, Ron Harris, and Stix Nickson. OTHERS PRESENT: Hank Flores, Development Review Planner III; Heather Young, Assistant County Attorney III; and, Veronica Torres, Office Assistant III. PLEDGE OF ALLEGIANCE Mr. Pancoast led the Pledge of Allegiance. APPROVAL OF THE MINUTES OF THE REGULAR BOARD OF ADJUSTMENT MEETING OF June 23, 2004. Mr. Bangert made motion to approve minutes. Minutes of June 23, 2004, approved unanimously. 2 Public Hearing Michael and Deborah Haas File No.: BA-04-013 Petition of Michael and Deborah Haas, for a Variance from the Provisions of Section 7.04.01(A), of the St. Lucie County Land Development Code to permit the construction of a single-family home which proposes a floor area of 4,086 square feet, thereby exceeding by 5.1 percent (836 square feet) the maximum 20 percent lot coverage by buildings allowed in the RS- 2 Zoning District for property located on Lot 30 of the Winding Creek Subdivision, which is on the North side of Winding Creek Lane, approximately 1,200 feet east of South 25th Street. The Haas’ would like to construct a single-family home that would have a floor area of 4,086 square feet. The subject property is 16,250 square feet and the zoning allows maximum lot coverage of 3,250 square feet by buildings. The proposed home would have a lot coverage by buildings of 25.1 percent, thereby exceeding by 5.1 percent (836 square feet) the maximum lot coverage permitted. The building plan has been approved by the Homeowners Association. The variance sought arises from conditions that may be unique, but do not necessarily qualify as a hardship as defined in the St. Lucie County Land Development Code. The need for the requested variance is created by the desire of the Haas’ to construct a home on their single- family lot larger than permitted in the RS-2 Zoning District. 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 Land Development Code and may be in conflict with the Comprehensive Plan. Staff is, therefore, recommending denial of the requested variance. Mr. Pancoast stated he remembered the board had a similar case before on the same street, on the same side. Mr. Flores replied that was correct, about three lots to the west. Mr. Pancoast stated that he believed the board approved that and the reason was a couple of houses had already split theirs. Mr. Flores stated that there are apparently about five or six that are over 20%. Mr. Emerson asked if they met all the setback requirements? Mr. Flores replied that he believed that they do. Mr. Emerson asked even with the proposed change? Mr. Flores replied that they did. Public Comment Deborah Haas and Mike Haas stated that they would like to have this approved, the main reason that they had constructed the house and designed the house in the way that they have is because there are a lot of oaks trees on this lot. The main thing that they wanted to do is to construct a residence where they could leave the trees and take out as few as possible. They wanted to keep it in its natural state, which is one of the reasons why they bought the lot. It is in 3 such natural condition, it has probably close to thirty trees on it and the majority of those are 10, 15, 20 inch oak trees that they would like to keep. No matter what type of house that they build they are going to have to take out some of the trees, about a half dozen trees. A courtyard home enables them not to have to take out any of the trees in the back of the lot. They do intend to have a pool and they put the pool inside the house basically so they don’t have to take out anything in the back. There are a lot of homes in this sub-division which are bigger than theirs and they feel the precedent has been set for this type of home. It is not going to be the biggest one in there; it is not going to have any additional impact on anyone in the sub-division and a nice addition to the neighborhood. They had their plans approved by the architectural review board and the board of directors for Winding Creek and would like it approved. Mr. Harris asked if it was a single story or multi story structure. Mrs. Haas replied that it was a single story. Mr. Steve Watkins said he is the Chairman for the Architectural Review Committee, the plan has been approved. The nature of the house plan will help in the diversity of the community. Each house is very individual in there and so is theirs. They have no problem with it being built and it is actually really going to help the community. Hearing no further comments in favor or in opposition to the petition, Chairman Pancoast closed the public portion of the meeting. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 10.01.02 of the St. Lucie County Land Development Code, I hereby move that the Board of Adjustment approve the petition of Michael and Deborah Haas, for a variance from the Provisions of Section 7.04.01(A), to permit the construction of a single-family home, which is proposed to have a floor area of 4,086 square feet, thereby exceeding by 5.1 percent (836 square feet) the maximum 20 percent lot coverage by buildings allowed in the RS-2 (Residential, Single-Family -2 du/acre) Zoning District, because the granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located. It will not impair an adequate supply of light or air to the adjacent public streets or increase the danger of fire, endanger public safety or substantially diminish or impair property values within the neighborhood. There are others in the area already the same or of larger size and also because it seems to be unanimously approved by the neighbors. Mr. Bangert made the motion. Mr. Nickson seconded the motion. Motion passed 5–0 in favor. The next meeting will be held on August 25, 2004, in the Commission Chambers at 9:30 a.m. Meeting adjourned 9:40 a.m.