HomeMy WebLinkAboutDraft 062712 Minutes
BOA Minutes Page 1 of 5 June 27, 2012
St. Lucie County Board of Adjustment 1
St. Lucie County Administration Building Commission Chambers 2
June 27, 2012 3
9:30 a.m. 4
5
A compact disc recording of this meeting, in its entirety, can be obtained from the Planning and 6
Development Services Department along with these Minutes. A fee is charged. In the event of a 7
conflict between the written minutes and the compact disc, the compact disc shall control. 8
9
CALL TO ORDER 10
Chairman Ron Harris called the meeting to order at 9:35 A.M. 11
12
ROLL CALL 13
Ron Harris ....................................... Chair 14
Diane Andrews ................................ Vice Chair 15
Richard Pancoast ............................ Board Member 16
Bob Bangert ..................................... Board Member 17
18
MEMBERS ABSENT 19
Buddy Emerson ............................... Board Member 20
21
OTHERS PRESENT 22
Katherine Barbieri ............................ Assistant County Attorney 23
Kara Wood ....................................... Planning Manager 24
Linda Pendarvis ............................... Planner 25
Beverly Austin .................................. Executive Assistant 26
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ANNOUNCEMENTS 28
None 29
30
Agenda Item #1 – Minutes of April 25, 2012 31
32
Mrs. Andrews motioned approval of the minutes. 33
Mr. Pancoast seconded and the motion carried unanimously. 34
35
Agenda Item #2 – Petition of Kimberly J. Summerlin for a variance from the 36
provisions of Section 7.04.01 and Table 7-10 Lot size and Dimensional 37
Requirements of the St. Lucie County Land Development Code. 38
BOA Minutes Page 2 of 5 June 27, 2012
Ms. Pendarvis, planner, stated the subject request is a variance from the provisions of 39
Section 7.04.01 and Table 7-10 Lot Size and Dimensional Requirements of the St. Lucie 40
County Land Development Code, which requires that the total footprint of all structures shall 41
not exceed the maximum lot coverage and shall comply with minimum yard requirements 42
as shown in Table 7-10 for the applicable zoning district. 43
44
Notice was published in the News Tribune on June 15, 2012 and a sign was placed on the 45
subject property along with public notices being mailed out to 184 adjacent property owners 46
on June 11, 2012 in accordance with the St. Lucie County Land Development Code for a 47
Quasi-Judicial public hearing. Twenty four response forms were received “in favor”, 4 48
received “not in favor”, and 1 of no opinion. 49
50
The subject property is located on Lot 13, Block 5 of the Coral Cove Beach Section One 51
Subdivision and is zoned RS-4 (Residential, Single-Family – 4 du/ac). The 52
Summerlin/Yancy family would like to construct a one-story single family home that would 53
have a floor area of 3,699 square feet. The original home was destroyed by hurricanes and 54
was demolished in August 2005. The subject property is approximately 8,800 square feet 55
and the zoning allows maximum lot coverage of 2,640 square feet by buildings (30%). The 56
proposed home would have lot coverage of 42% percent, thereby exceeding by 12% (1,059 57
square feet) the maximum lot coverage permitted. The proposed home will meet the 58
minimum front and side setbacks required within the RS-4 zoning district except for the 59
swimming pool deck that is proposed to encroach 8 feet into the minimum rear setback of 60
15 feet. 61
62
The requested variance is not the result of conditions that are unique and peculiar to the 63
land involved but is created by the desire of the applicant to construct a single family 64
residence and pool deck that are larger than the lot coverage and setbacks of the RS-4 65
zoning district allow. The granting of the requested variance is not expected to impair or 66
injure other property or improvements in the neighborhood, nor is it expected to impair an 67
adequate supply of light or air to adjacent public streets, increase the danger of fire, or 68
endanger the public safety. If the variance is granted, the applicant will still be required to 69
comply with all applicable criteria for a single family residence including but not limited to 70
building codes, landscaping, parking, and architectural standards. The requested variance 71
is not needed to make possible the reasonable use of the land. The lot can support a two-72
story home of equal or greater square footage than proposed or the owner can propose a 73
smaller home. 74
75
The variance sought arises from conditions that are not unique and do not qualify as a 76
hardship as defined in the St. Lucie County Land Development Code. Staff has reviewed 77
this petition and determined that it does not conform to the standards of review as set forth 78
in Section 10.01.02, St. Lucie County Land Development Code. Staff is recommending 79
denial of the requested. 80
81
Chairman Harris opened the meeting for discussion and questions of staff 82
Mrs. Andrews asked if the swimming pool was going to be enclosed. 83
84
BOA Minutes Page 3 of 5 June 27, 2012
Ms. Pendarvis stated a decision had not been made yet. 85
86
Mrs. Andrews asked why the pool deck is counted as opposed to the pool itself. 87
88
Mrs. Pendarvis stated it was for further foresight down the road that if they decided 89
to enclose the pool the option would be available without coming back to the Board. 90
91
Mr. Bangert had no questions. 92
93
Chairman Harris closed the meeting for discussion and questions of staff 94
95
Chairman Harris asked if the applicant had anything to say. 96
97
Joy Summerlin-Yancy of 200 Naco Road, Ft. Pierce, Florida was sworn in by the 98
secretary. She stated this was family property as a child and now has chosen to 99
build a home there and plan to keep it until retirement. They needed 2500 square 100
foot of living space. The pool is wanted for her children and realizes that it does 101
exceed the limit and that why she is here. 102
103
Chairman Harris asked the Board if there were any questions for the applicant. 104
105
Mrs. Andrews asked had they considered a 2 story. 106
107
Mrs. Yancy stated yes, it would take care of the 30% lot coverage but she was 108
thinking about the future; since they are going to be there for a long time it would 109
not be a smart idea. 110
111
Chairman Harris opened the public hearing 112
No one opposed 113
Chairman Harris closed the public hearing 114
115
Chairman Harris returned to the Board for discussion and or motions 116
Mrs. Andrews asked if 12% variance translates to 40% variance in square feet; 117
have we ever gone that high before. 118
119
Ms. Pendarvis stated she went back as far as 7 years and could not find anything in 120
the record that showed that a 12% variance was granted. 121
122
Mrs. Andrews stated the biggest she remembers was 33%. 123
Mr. Pancoast stated he did not have a problem going that high. It is on a canal and 124
there are no back yard neighbors. 125
126
Mr. Bangert had no comment. 127
BOA Minutes Page 4 of 5 June 27, 2012
Chairman Harris agreed with Mr. Pancoast based on the location of the property 128
being water-front and not wanting to live in a 2 story; single story is easier to 129
maintain. He does not have a problem with the lot coverage. 130
131
Mr. Pancoast stated all the people that objected live across the canal, they can’t see 132
the house. 133
134
Mr. Pancoast stated after considering the testimony presented during the 135
public hearing including staff comments and the standards of review as set 136
forth in Section 10.01.02 of the St. Lucie County Land Development Code, I 137
hereby move that the Board of Adjustment approve the petition of Kimberly J. 138
Summerlin for a variance from the provisions of Section 7.04.01 and Table 7-139
10, of the St. Lucie County LDC to permit the construction of a single-family 140
home that proposed a lot coverage by building of 42% and to allow the 141
swimming pool deck to encroach 8 feet into the minimum rear setback of 15 142
feet required because the home is on a canal; there is no neighbor to the back 143
yard; these homes in this area may become larger over time and the only 144
people that objected to the variance lives on the other side of the canal. 145
Mr. Bangert seconded. 146
147
The roll was called: 148
Mr. Pancoast Yes 149
Mrs. Andrews Yes 150
Mr. Bangert Yes 151
Chairman Harris Yes 152
The motion passed unanimously. 153
154
OTHER BUSINESS 155
Mr. Pancoast discussed the paperwork and staff time generated of the variance 156
response forms and other material. His suggestion is to print the ones that have a 157
comment on them and the others get a list of yes or no. 158
159
Chairman Harris stated they would need to ask the county attorney. 160
161
Ms. Wood stated she did not know if there was a legal determination that the Board 162
needs to see all of them; they do need to be kept on file. If the Board would prefer 163
to have tabulation and include the commented notices; staff could do it. 164
165
Chairman Harris asked if that would reduce the burden to staff. 166
167
Ms. Wood stated staff tabulates it in the map; it would take a few minutes to count 168
them and put it in the cover memo. The answer was no. 169
170
BOA Minutes Page 5 of 5 June 27, 2012
Chairman Harris asked what the pleasure of the Board was. 171
172
Mrs. Andrews stated it was a good idea with one added exception of specific 173
mention of the neighbors on each side of the property. Whether they did or did not 174
or had no comment. 175
176
Mr. Pancoast stated he would be ok with that. 177
178
Chairman Harris, Mr. Bangert and Mr. Pancoast agreed with Mrs. Andrews. 179
180
Ms. Wood stated there will be a BOA meeting in July. 181
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ADJOURN 183
Having no further business, the meeting was adjourned at 9:54am. 184