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HomeMy WebLinkAboutDraft 092612 Minutes BOA Minutes Page 1 of 6 July 25, 2012 St. Lucie County Board of Adjustment 1 St. Lucie County Administration Building Commission Chambers 2 September 26, 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 9:33 A.M. 11 12 ROLL CALL 13 Ron Harris ....................................... Chair 14 Ron Knaggs ..................................... Board Member 15 Richard Pancoast ............................ Board Member 16 Bob Bangert ..................................... Board Member 17 Buddy Emerson ............................... Board Member 18 19 OTHERS PRESENT 20 Katherine Barbieri ............................ Assistant County Attorney 21 Kara Wood ....................................... Planning Manager 22 Diana Waite ..................................... Senior Planner 23 Beverly Austin .................................. Executive Assistant 24 25 ANNOUNCEMENTS 26 Chairman Harris welcomed new Board member, Ron Knaggs, the replacement for 27 Mrs. Andrews. 28 29 Agenda Item #1 – Minutes of July 25, 2012 30 31 Mr. Pancoast motioned approval of the minutes. 32 Mr. Bangert seconded and the motion carried unanimously. 33 34 Agenda Item #2 – Petition of Carroll Collins for a variance from the provisions of 35 Section 7.05.06(c) of the St. Lucie County Land Development Code which requires 36 all nonresidential driveways to comply with a 25-foot setback from the property line 37 for a site located at the intersection of South 25th Street and Edwards Road. 38 BOA Minutes Page 2 of 6 July 25, 2012 39 Ms. Waite, Senior Planner stated this Item is the request of Carroll Collins for a variance 40 from the Provisions of Section 7.05.06(2)(C) of the St. Lucie County Land Development 41 Code which requires driveways, other than those for one or two families, to be setback 25 42 feet from the side property line. The request is associated with an application for a change 43 in the parcel’s future land use designation and a change in zoning to allow for future 44 automobile sales. 45 46 The subject property is located at the NE corner of the South 25th Street and Edwards Road 47 intersection and bordered to the east and north by lands within the City of Fort Pierce. The 48 property’s zoning district is CN Commercial, Neighborhood and it is bordered by similar 49 zoning districts within the City. City staff had no objection to this petition. The parcel is 50 currently vacant and contains some large oak trees, which the applicant would like to 51 maintain. This is a public hearing and documentation of the required public notice is 52 included in your packet. 46 variance request forms were sent to residents within 500 feet of 53 the property. One form was returned with an indicating the owner had no opinion on the 54 variance. In addition, one phone call was received requesting additional information and 55 expressing concerns related to the future use of the property, but no concerns related to the 56 proposed driveway location. No other public comments have been received. The applicant 57 has requested the variance to allow for the construction of a driveway on South 25th Street 58 that will encroach a maximum of fifteen feet into the required 25 foot minimum setback 59 distance from the northern property line to allow 2 large oak trees to be preserved. Staff 60 has reviewed this petition and has found that the variance is the result of conditions that are 61 unique and peculiar to the land involved and conform to the standards of review as set forth 62 in St. Lucie County Land Development Code and is not in conflict with the goals, objectives, 63 and policies of the St. Lucie County Comprehensive Plan. 64 65 Staff is, therefore, recommending approval of the requested variance, with conditions. 66 67 Chairman Harris opened the meeting for discussion and questions of staff 68 69 Mr. Knaggs asked staff if the applicant agrees to the drive way conditions that staff 70 is proposing. 71 72 Ms. Waite stated yes. 73 74 Chairman Harris asked staff if there is a copy of the pre-application with Florida 75 Department of Transportation (FDOT). 76 77 Ms. Waite stated there is a copy on file. 78 79 Chairman Harris closed the meeting for discussion and questions of staff 80 Chairman Harris opened the public hearing 81 82 BOA Minutes Page 3 of 6 July 25, 2012 Janet Collins of 381 Chamberlin Blvd., Ft. Pierce was sworn in by the secretary and 83 staff Ms. Waite went over the agenda item thoroughly and it was agreed to the 84 driveway limitations. FDOT has given us an initial approval of a driveway but 85 wanted it as far away as possible from the intersection at 25th Street and Edwards 86 Road. 87 88 There were no other public comments for or against the petition. 89 90 Chairman Harris closed the public hearing 91 92 Chief Emerson stated for the purpose of disclosure, his son has played for Carroll 93 Collins little-league baseball team this past season but it will not affect his vote. 94 95 Chairman Harris stated for the purpose of disclosure, he met with Mr. Collins at the 96 pre-application meeting during the process and it has no effect on his judgment; 97 there is no personal gain. 98 99 Mr. Pancoast stated after considering the testimony presented during the public 100 hearing, including staff comments and the standards of review as set forth in 101 section 10.01.02 of the St. Lucie County Land Development Code (LDC), I hereby 102 move that the Board of Adjustment approve the petition of Carroll Collins for a 103 variance from the provisions of Section 7.05.06 (2)(C) of the LDC to allow the 104 construction of a driveway that encroaches 15 feet into the minimum side setback of 105 25 feet because there would be no injury to other property owners in the area and 106 will save the oak trees and no forms returned against the variance. 107 108 Chairman Harris requested to include in the motion staff’s conditions of approval. 109 110 Mr. Pancoast accepted the inclusion. 111 112 Mr. Bangert seconded the motion. 113 The roll was called: 114 Mr. Pancoast Yes 115 Chief Emerson Yes 116 Mr. Knaggs Yes 117 Mr. Bangert Yes 118 Chairman Harris Yes 119 The motion passed unanimously. 120 121 Agenda Item #3 – Petition of Charles Cunningham for a variance from the provisions 122 of Section 7.04.01 of the St. Lucie Land Development Code to allow a 7 foot 123 encroachment into the 20 foot minimum rear setback. 124 125 BOA Minutes Page 4 of 6 July 25, 2012 Ms. Waite stated this Item is the request of Charles Cunningham Jr. for a variance 126 from the Provisions of Section 7.04.01(Table 7-10), of the St. Lucie County Land 127 Development Code to construction a screen porch in the rear of his existing home in 128 the Bayberry Village section of the Harbour Ridge PUD Zoning District. The 129 applicant indicates that the minimum width recommended by their constructor for a 130 proposed rear porch addition is 12’ and only 5 ‘is available without encroaching into 131 the 20’ rear setback of the PUD. Therefore a 7’ variance from the rear setback is 132 requested to allow for the proposed porch to be located 13 feet from the rear 133 property line that borders the golf course. This is a public hearing and 134 documentation of the required public notice is included in your packet. 26 variance 135 request forms were sent to residents within 500 feet of the property. Ten forms were 136 returned. Seven property owners indicated that they are in favor of the proposed 137 variance and three forms indicated no opinion. No other public comments have 138 been received. 139 140 A copy of the approval from the Harbor Ridge Architectural review Board is 141 included in your packet. The need for the requested variance is created by the 142 desire of Mr. and Mrs. Cunningham to construct a screen porch to eliminate bugs 143 and allow room for furniture. The house was constructed without a screen porch in 144 1988. The home has an existing open patio, which extends from the house, 145 approximately 10 feet. This variance request is not entirely in conflict with the 146 purpose and intent of the Land Development Code which seeks in part to preserve, 147 protect and improve the public’s general welfare and is not in conflict with the 148 Comprehensive plan. However, it does not conform to a strict interpretation of the 149 standards of review as set forth in Section 7.04.01 and outlined on this screen. 150 151 Staff is therefore recommending denial of the requested variance 152 153 Chairman Harris opened the meeting for discussion and questions of staff 154 155 There were no questions for staff. 156 . 157 Chairman Harris opened the public hearing 158 159 Mr. Charles Cunningham of 1823 Buttonbush Circle, Palm City was sworn in by the 160 secretary and passed out pictures of his property to the Board members and 161 discussed his reasons for wanting the variance. 162 163 Mr. Pancoast asked if he was getting enough variance; were there any plans drawn 164 up. 165 166 Mr. Cunningham stated the more he gets the nicer the enclosure would be; he only 167 talked to some screen enclosure people. 168 BOA Minutes Page 5 of 6 July 25, 2012 Chief Emerson and Mr. Bangert had no questions or comments for the applicant. 169 170 Chairman Harris asked Ms. Waite about the advertisement; was seven feet 171 specified and if it is that is the number that has to bee voted on. 172 173 Ms. Waite stated she believed it did. 174 175 Ms. Wood stated typically the discussion in the past with the attorney’s office was 176 that any board can’t approve anything that is more impactful than was has been 177 advertised. You can approve something less impactful not more. 178 179 Ms. Barbieri, county attorney stated it was advertised at a maximum of seven feet. 180 181 Chairman Harris closed the public hearing 182 183 Mr. Bangert stated after considering the testimony presented during the 184 public hearing, including staff comments, and the Standards of Review as set 185 forth in Section 10.01.00 of the St. Lucie County Land Development Code, I 186 hereby move that the Board of Adjustment approve the petition of Charles 187 and Katherine Cunningham for a variance for the provisions of Section 188 7.04.01 of the St. Lucie County Land Development Code to permit a screen 189 enclosure to encroach 7 feet into the minimum rear setback of 20 feet 190 required in the Harbour Ridge-Planned Unit Development Zoning District 191 because the homeowners association has no conflict with it and it is not 192 infringing on any neighbor. 193 194 Chief Emerson seconded the motion. 195 196 The roll was called: 197 Mr. Pancoast Yes 198 Chief Emerson Yes 199 Mr. Knaggs Yes 200 Mr. Bangert Yes 201 Chairman Harris Yes 202 The motion passed unanimously. 203 204 205 OTHER BUSINESS 206 207 A. Vice-Chair Vacancy 208 Chairman Harris stated there is a vacancy for the Vice Chair position due to Mrs. 209 Andrews leaving. He opened the floor for nominations. 210 211 BOA Minutes Page 6 of 6 July 25, 2012 Mr. Pancoast nominated Mr. Bangert for Vice Chair. 212 213 Chief Emerson seconded the nomination. 214 215 Chairman Harris closed the floor for nominations. 216 217 The roll was called: 218 Mr. Pancoast Yes 219 Chief Emerson Yes 220 Mr. Knaggs Yes 221 Mr. Bangert Yes 222 Chairman Harris Yes 223 The motion passed unanimously. 224 225 Mr. Bangert is the Board of Adjustment Vice Chair. 226 227 B. Next meeting date 228 There will be a meeting in October. 229 230 ADJOURN 231 Having no further business, the meeting was adjourned at 9:56am. 232