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HomeMy WebLinkAboutAPPROVED BOA 082813BOA Minutes August 28, 2013 St. Lucie County Board of Adjustment St. Lucie County Administration Building Commission Chambers August 28, 2013 9:30 a.m. A compact disc recording of this meeting, in its entirety, can be obtained from the Planning and Development Services Department along with these minutes. A fee is charged. In the event of a conflict between the written minutes and the compact disc, the compact disc shall control. CALL TO ORDER Chairman Ron Harris called the meeting to order at 9:30 A.M. ROLL CALL Ron Harris ............................................ Chair Ron Knaggs .......................................... Board Member Buddy Emerson .................................... Board Member MEMBERS ABSENT Bob Bangert .......................................... Vice Chair (illness) Richard Pancoast ................................. Board Member (vacation) OTHERS PRESENT Heather Young ..................................... Assistant County Attorney Leslie Olson .......................................... Planning Manager Jeff Johnson ......................................... Senior Planner Beverly Austin ....................................... Executive Assistant ANNOUNCEMENTS None AGENDA ITEM #1 – Minutes of July 24, 2013 Chief Emerson motioned approval of the minutes as written. Mr. Knaggs seconded and the motion carried unanimously. AGENDA ITEM #2 – Petition of Joe Damiano for a variance from the provisions of Section 7.04.01 of the St. Lucie County Land Development Code for an existing 405 square foot carport to encroach 2.8 feet into the required 10 foot side yard setback. The subject property is located approx. 4/10 mile north of Midway Road on South Indian River Drive in the RE-2 (Residential Estate-2) zoning district. Jeff Johnson, Senior Planner stated this agenda item was continued from the July 24, 2013 meeting due to an error in the amount of encroachment requested that was referenced in the newspaper advertisement, public notification sign, and mail notices. The newspaper ad, notification sign and mail notices have been revised to provide proper and legal public notification that accurately reflects this change in encroachment from 2.4 feet to 2.8 feet. The petitioner, Joe Damiano is requesting a variance for an existing 405 square foot carport located in the rear yard on a 0.57 acre single family residential lot that will encroach 2.8 feet into the required minimum 10 foot interior side yard setback. The subject property is located BOA Minutes August 28, 2013 approximately 4/10 mile north of Midway Road on South Indian River Drive and is zoned RE-2, Residential Estate – 2 dwelling units per acre. Land Development Code, Section 7.04.01 establishes minimum building setback requirements for zoning districts. Any deviations from the minimum district requirements require Board of Adjustment review and final action. The proposed variance is a result of a Notice of Violation that was issued by the Code Enforcement Division on December 17, 2012. The petitioner was cited to obtain an approved building permit for the structure. The petitioner has hired an architectural firm to assist with the efforts of permitting this structure in compliance with Florida Building Code requirements. Staff recommends denial of the variance for the existing carport as there is reasonable space in the rear yard to relocate the structure and comply with the minimum building setback requirement. Chairman Harris opened the meeting for discussion and questions of staff Chief Emerson asked if the property owner immediately to the north was one of the five affirmed. Mr. Johnson referred to the applicant to answer that question. He stated he did not receive a response form from that property owner. Two property owners to the south were negative but after Mr. Damiano talked to them; they changed their mind to be in favor. Chairman Harris stated those letters should have been included in the packet. Chairman Harris opened the public hearing Joe Damiano of 4521 South Indian River Drive was sworn in and explained his need for the variance. He stated he received a letter of support in favor from the property owner to the north. Chairman Harris closed the public hearing Mr. Knaggs made the motion: After considering the testimony presented during the public hearing, including staff comments and the Standard of Review as set forth in Section 10.01.02 of the St. Lucie County LDC, I hereby move that the Board of Adjustment approve the petition of Joe Damiano for a variance from the provisions of Section 7.04.01 of the LDC to allow an existing carport to encroach 2.8 feet into the minimum required 10 foot side yard setback, at 4521 S. Indian River Dr. in the RE-2 zoning district because (1) Lack of neighbor concern, (2) No need to cause additional expense to move the septic field or remove large tree and (3) It complies with all other code requirements. Chief Emerson seconded the motion but for discussion amended it with a stipulation that the use of the existing building does not change in any way. That should be a condition to the variance. There was a consensus of the amended motion. The roll was called: Mr. Knaggs Yes Chief Emerson Yes Chairman Harris Yes OTHER BUSINESS There will be a September BOA meeting. ADJOURN Having no further business, the meeting was adjourned at 9:40 AM.