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HomeMy WebLinkAboutAPPROVED BOA 072413BOA Minutes Page 1 of 4 July 24, 2013 St. Lucie County Board of Adjustment 1 St. Lucie County Administration Building Commission Chambers 2 July 24, 2013 3 9:30 a.m. 4 5 A compact disc recording of this meeting, in its entirety, 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 Ron Harris called the meeting to order at 9:30 A.M. 11 ROLL CALL 12 Ron Harris ............................................. Chair 13 Bob Bangert .......................................... Vice Chair 14 Ron Knaggs .......................................... Board Member 15 Richard Pancoast .................................. Board Member 16 Buddy Emerson .................................... Board Member 17 OTHERS PRESENT 18 Katherine Barbieri ................................. Assistant County Attorney 19 Leslie Olson .......................................... Planning Manager 20 Linda Pendarvis .................................... Planner 21 Jeff Johnson.......................................... Senior Planner 22 Beverly Austin ....................................... Executive Assistant 23 ANNOUNCEMENTS 24 None 25 26 Agenda Item #1 – Minutes of April 24, 2013 27 Mr. Knaggs motioned approval of the minutes as written. 28 Mr. Bangert seconded and the motion carried unanimously. 29 30 Agenda Item #2 – Petition of Brent Norman for a variance from the provisions of 31 Section 7.04.01 of the St. Lucie County Land Development Code to allow a screened 32 enclosure for a pool to encroach 1.4 feet and 1.75 feet into the minimum side yard 33 setback. 34 35 Ms. Pendarvis stated the petition was originally presented at the January 23, 2013 BOA public 36 hearing and was continued twice to allow the applicant time to have the screen enclosure 37 drawn on the survey and provide a signed copy of the POA letter that acknowledges the 38 proposed encroachment. To date the applicant has not been able to obtain a letter of approval 39 from the Portofino Shores PUD POA Architectural Review Board and is requesting that the 40 Board of Adjustment grant them a continuance indefinitely rather than continuing to a date 41 certain. The applicant believes that this request will allow them the time to pursue other 42 structural designs of the screen enclosure without incurring additional cost anticipating that a 43 variance will be necessary. In an effort to present the Board options for discussion, staff 44 proposes the following outline. 45 46 BOA Minutes Page 2 of 4 July 24, 2013 1. The Board may approve the request by the applicant to table the item indefinitely based on 47 the above information; 48 2. The Board may approve the Variance as is with the following conditions of approval, 49 a. The property owner must obtain the signed letter of no objection from the Portofino 50 Shores PUD POA Architectural Review Board prior to building permit being issued. 51 b. A modification to the Variance must be approved by the Board of Adjustment should 52 the encroachment in to the side setbacks be different than what is approved by this 53 Board; 54 3. The Board may deny the Variance. 55 56 Option #2 will allow the applicant time to pursue what is necessary for 12 months without this 57 Board continuing the petition indefinitely or denying the Variance. This Variance will expire if a 58 building permit has not been issued subject to the conditions of approval and/or a modification 59 to the Variance has been approved by this Board within twelve months. Pursuant to Section 60 10.01.06 the applicant may request a one-time 12 month extension by the Board of 61 Adjustment should the Variance expire. Staff recommends the Board consider approving the 62 variance with the two conditions as stated above. 63 64 Chairman Harris opened the meeting for discussion and questions of staff 65 Mr. Pancoast stated Ms. Pendarvis answered the two questions he had and he would support 66 staff’s recommendation because he is not in favor of approving something that may or may not 67 happen. Also it is a tax payer that has paid a good sum to be here and even though it is a 68 stretch for the Board to give them the time; since they have had to pay to be here that they 69 deserve a full hearing. 70 71 Chief Emerson asked about the staff recommendation being to approve it with the setbacks 72 that are in the plan currently. 73 74 Ms. Pendarvis stated yes only because at this point that is what we have to look at and put 75 into the variance; so the variance would have to be approving something. 76 77 Chief Emerson stated the only problem he had with that was during the discussion with the 78 HOA; they come with some alternative plan and they would have to come back here for a 79 change. That would be complicating the process. If they have not worked it out with the HOA 80 he would be more in favor of continuing and put a stipulation of up to 12 months subject to the 81 attorney saying that is ok and deal with it in its entirety when it is settled. 82 83 Mr. Pancoast and Chair Harris stated they would support that. Chairman Harris stated it must 84 be a date certain. He asked if the applicant was in attendance. 85 86 Ms. Pendarvis stated the applicant sent an email stating that they are currently out of the 87 country and apologized for not attending. 88 Chairman Harris closed the meeting for discussion and questions of staff 89 90 Chairman Harris opened the public hearing 91 No one spoke 92 Chairman Harris closed the public hearing 93 94 Chairman Harris returned to the Board for discussion or motion. 95 Mr. Pancoast asked staff about a time frame to give the applicant. 96 97 BOA Minutes Page 3 of 4 July 24, 2013 Ms. Pendarvis stated it would be up to the Board. 98 99 Ms. Barbieri, Assistant County Attorney stated if it is continued, it has to be to a date 100 certain. 101 102 Chairman Harris looking at the calendar suggested January 22, 2014; that gives them 103 five months. If they cannot work out their differences in five months; they probably are 104 not going to work them out. 105 106 Mr. Pancoast motioned to approve that the Board of Adjustment give the applicant a 107 continuance to January 22, 2014. Chief Emerson seconded the motion. 108 109 The roll was called: 110 Mr. Pancoast Yes 111 Mr. Knaggs Yes 112 Mr. Bangert Yes 113 Chief Emerson Yes 114 Chairman Harris Yes 115 116 Agenda Item #3 – Petition of Joe Damiano for a variance from the provisions of Section 117 7.04.01 of the St. Lucie County Land Development Code for an existing 405 square foot 118 carport to encroach 2.4 feet into the required 10 foot side yard setback. The subject 119 property is located approx. 4/10 mile north of Midway Road on South Indian River 120 Drive in the RE-2 (Residential Estate-2) zoning district. 121 122 Mr. Johnson stated it was just noticed of a typo in the legal ad; the encroachment that 123 is being requested is 2.8 feet as opposed to 2.4 feet in accordance to the survey. We 124 apologize for the error and request the petition to be continued so we may re-run the 125 ad correctly for the next Board meeting in August. 126 127 Chairman Harris opened the meeting for discussion and questions of staff 128 Chairman Harris asked the assistant county attorney can the Board continue this. 129 130 Ms. Barbieri stated you can open the public hearing and continue it but it still has to be 131 re-advertised. 132 133 Chairman Harris opened the public hearing 134 Ms. Olson asked that the Board to hear from the applicant today to give their testimony so next 135 month they won’t have to come back again; as long as the Board is satisfied with their 136 testimony. 137 138 Joe Damiano of 4521 South Indian River Drive was sworn in and explained why he was at the 139 meeting regarding a variance for a structure that he inherited on his property when he 140 purchased it in 2001. He received a code violation letter to obtain a permit for the structure in 141 which he has responded and submitted building plans and he is in the process of permitting 142 the structure. It would be difficult to move because of the septic system and a very large 100 143 BOA Minutes Page 4 of 4 July 24, 2013 year old oak tree which is next to the structure. He has letters from neighbors on both sides 144 and to the north and south and they are in favor. 145 146 Mr. Pancoast stated it is always to the applicant’s advantage to be at the meetings. You never 147 know what can happen. 148 149 Chief Emerson asked what would be the use of the structure. Will you change it from what it is 150 currently? 151 152 Mr. Damiano stated as an open structure carport. It will not be changed from that. 153 Chairman Harris closed the public hearing 154 155 Mr. Knaggs moved that the Board of Adjustment give the applicant a continuance to 156 August 28, 2013. Mr. Pancoast seconded the motion. 157 158 The roll was called: 159 Mr. Pancoast Yes 160 Mr. Knaggs Yes 161 Mr. Bangert Yes 162 Chief Emerson Yes 163 Chairman Harris Yes 164 165 OTHER BUSINESS 166 Mr. Knaggs stated that if this happened again he would like to hear the staff presentation 167 before the public comment. 168 169 ADJOURN 170 Having no further business, the meeting was adjourned at 9:47 AM. 171