HomeMy WebLinkAboutApproved BOA minutes 012716Page 1 of 4
Draft BOA Minutes
January 27, 2016
St. Lucie County Board of Adjustment
St. Lucie County Administration Building Commission Chambers 1
January 27, 2016 2
9:30 a.m. 3
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A compact disc recording of this meeting, in its entirety, can be obtained from the Planning and Development 5
Services Department along with these minutes. A fee is charged. In the event of a conflict between the written 6
minutes and the compact disc, the compact disc shall control. 7
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CALL TO ORDER 9
Chairman Pancoast called the meeting to order at 9:30A.M. 10
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ROLL CALL 12
Richard Pancoast ................................. Chairman 13
Ron Knaggs .......................................... Vice Chairman 14
Bob Lowe... ........................................... Board Member 15
Derek Foxx... ........................................ Board Member 16
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OTHERS PRESENT 18
Katherine Barbieri ................................. Assistant County Attorney 19
Kara Wood. ........................................... Interim Planning Manager 20
Bonnie Landry ...................................... Planning Manager 21
Jeff Johnson ......................................... Senior Planner 22
Diana Waite .......................................... Senior Planner 23
Beverly Austin ....................................... Recording Secretary 24
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ANNOUNCEMENTS 26
None 27
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AGENDA ITEM #1 – Minutes of September 23, 2015 29
Mr. Lowe motioned approval of the minutes as written. 30
Mr. Knaggs seconded and the motion carried unanimously. 31
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AGENDA ITEM #2 – Public Comments 33
None 34
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AGENDA ITEM #3–Petition of Melanie VanHook for a variance from the provisions of Section 36
7.04.01 of the St. Lucie County Land Development Code to allow an existing garage to encroach 37
2.34 feet into the 7.5 foot minimum side setback. Staff report by Diana Waite. 38
39
Diana Waite, Senior Planner presenting staff comments for the application of Melanie VanHook 40
requesting a variance from the side setback requirements in the RS-4 Zoning District to allow an 41
existing garage to remain on the property located at 7202 Cabana Lane in Lakewood Park. This is a 42
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Draft BOA Minutes
January 27, 2016
quasi- judicial public hearing. Proof of the required public notice items may be found in the agenda 43
package. The public notice items for this hearing included the mailing of 63 notices and response 44
forms to property owners within 500 feet of the subject property. Of the 7 responses received, 6 are 45
in favor and 1 had no opinion. No calls or other public comment was received. 46
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The garage is located at 7202 Cabana Lane, one lot east of Kings Highway in the Lakewood Park 48
subdivision. The parcel contains .45 acres. The uses surrounding the subject parcel are single family 49
homes. Zoning Districts surrounding the parcel are RS-4 (Residential, Single Family) the same as the 50
subject parcel, and all surrounding land uses are residential. The purpose of the requested variance 51
is to allow the existing separate garage to remain on the property in compliance with the County’s 52
Land Development Code. The boundary survey indicates that at its closest point the garage is set 53
back 5.16 feet from the side property line, which results in a 2.34 foot encroachment into the minimum 54
required 7.5 foot set back in the parcels RS-4 Zoning District. 55
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According to County records the house, the detached garage and the adjacent parcel at the corner of 57
Kings Highway and Cabana Drive were previously under one ownership. Ms. VanHook purchased two 58
of the lots in May 2014 and Lot 1, at the corner of Cabana Lane and Kings Highway, was sold to a 59
separate party on November 21, 2014. Subsequent to Ms. VanHook purchase of the property, she 60
received notice of a code enforcement violation for the garage. Ms. VanHook is seeking the variance 61
to address the violation and bring the property in compliance with code. The applicant has submitted 62
a letter from the Lakewood Park Property Owner’s Association, Inc. dated April 24, 2015 in support of 63
the requested variance. The variance sought does not arise from conditions that are particular to the 64
property, and does not necessarily qualify as a hardship as defined in the St. Lucie County Land 65
Development Code. 66
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Staff has reviewed this petition and determined that it does not conform to a strict interpretation of the 68 standards of review as set forth in Section 10.01.02, St. Lucie County Land Development Code, but 69 is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 70
Staff recommends denial of the requested variance. 71
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Chairman Pancoast opened the meeting for discussion and questions of staff 73
There were no questions for staff. 74
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James Morris, attorney representing Ms. VanHook explained the circumstances of the variance. It 76
was asked about the survey done in 2014 and title policy not showing the error. 77
78
Chairman Pancoast opened the public hearing 79
No one spoke 80
Chairman Pancoast closed the public hearing 81
82
Chairman Pancoast returned to the Board for discuss and/or motion. 83
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Mr. Knaggs made a motion: After considering the testimony presented during the public 85
hearing, including staff comments, and the Standards of Review as set forth in Section 10.01.00 86
of the St. Lucie County Land Development code, I hereby move that the Board of Adjustment 87
approve the petition of Melanie VanHook for a variance from the provisions of Section 7.04.01, 88
of the St. Lucie County Land Development Code to permit a garage to encroach 2.34 feet into 89
the minimum side setback of 7.5 feet required in the RS-4 zoning district because the variance 90
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January 27, 2016
as granted is not in conflict with the general spirit and intent of the land development code and 91
comprehensive plan. 92
93
Mr. Lowe seconded the motion. 94
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The roll was called: 96
Chairman Pancoast Yes 97
Chief Foxx Yes 98
Mr. Lowe Yes 99
Mr. Knaggs Yes 100
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AGENDA ITEM #4-Petition of Dianne Soldevilla for a variance to install a pool enclosure and 102
swimming pool to encroach in the minimum required side yard setback. The subject 1.25 acre 103
property is located at 7017 Gullotti Place approximately ½ mile north of Tilton Road on the west 104
side of Gullotti Place. Staff report by Jeff Johnson. 105
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Jeff Johnson, Senior Planner stated the petitioner, Dianne Soldevilla, is requesting a variance to allow 107
for the construction of a pool enclosure and swimming pool to encroach 10 feet and 6 feet, 108
respectively, into the required minimum 20 foot side yard setback. The subject 1.25 acre property is 109
located at 7017 Gullotti Place (approximately ½ mile north of Tilton Road on the west side of Gullotti 110
Place) in the AR-1 (Agricultural, Residential – 1) Zoning District. Land Development Code Section 111
7.04.01 establishes minimum building setback requirements for zoning districts. Any deviations from 112
the minimum district requirements require Board of Adjustment review and final action. 113
114
On April 22, 2015 the Board of Adjustment through BOA Resolution No. 15-005 granted a variance to 115
allow the existing single family residence to encroach up to 3 feet into the required minimum 20 foot 116
side yard setback. The building permit for the single family home was approved by the Building 117
Division staff on March 5, 2010 and received form board survey approval from the Zoning Division on 118
March 18, 2010. The form board survey was approved incorrectly by staff with a 2.06 foot 119
encroachment into the minimum required 20 foot side yard setback. The requested variance is not 120
the minimum variance necessary that will make reasonable use of the land, structures and property. 121
It is the desire of the property owner to install a pool enclosure that covers the ingress/egress and 122
provides additional patio area in the side yard setback. The owner could re-design the placement of 123
these improvements to comply with the minimum 20 foot setback. Staff recommends denial of the 124
variance as it does not arise from conditions that are unique and peculiar from the land and physical 125
surroundings. There is reasonable yard space in the rear and side yard to place an enclosed 126
swimming pool and comply with the minimum building setback requirements. 127
Chairman Pancoast opened the meeting for discussion and questions of staff 128
The Board discussed the septic drain field situation, the survey and there being no HOA. 129
130
Chairman Pancoast opened the public hearing 131
The property owner Dianne Soldevilla was sworn in by the secretary and explained her need for the 132
variance. 133
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Chairman Pancoast opened the public hearing 137
Maria Griner 7020 Shannon’s Trail, Port St. Lucie objected to the variance because the owner chose 138
to place the house the way it is. The owner is not a victim; she knew what she was doing. Ms. Griner 139
recommends the board to decline because the owner has plenty room to place the pool elsewhere on 140
the property. 141
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Ms. Soldevilla rebutted the statement from Ms. Griner stating the surveyors and the builders put the 143
house where they thought she wanted it. She is not anywhere near the Griner’s home. It is not the 144
pool encroaching; it is the screening part. 145
Chairman Pancoast closed the public hearing 146
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Chairman Pancoast returned to the Board for discuss and/or motion. 148
149
Mr. Lowe made a motion to deny: After considering the testimony presented during the public 150
hearing, including comments and the standards of review as set forth in section 10.01.02 of 151
the St. Lucie County Land Development Code, I hereby move that the Board of Adjustment 152
deny the petition of Dianne Soldevilla for a variance from the provisions of Section 7.04.01 of 153
the St., Lucie County Land Development Code to allow for a construction of a proposed pool 154
enclosure and swimming pool to encroach 10 feet and 6 feet, respectively into the minimum 155
required 20 foot side yard setback, located at 7017 Gullotti Place in the AR-1 zoning district 156
because there is reasonable yard space in the rear and side yard to place an enclosed 157
swimming pool and comply with the minimum building setback requirements. 158
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Mr. Knaggs seconded the motion. 160
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The Board was unanimously in favor of the denial. 162
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AGENDA ITEM #5- Election of Officers 164
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Chairman Pancoast nominated Mr. Knaggs as Chair of the Board of Adjustment for 2016. 166
Chairman Pancoast motioned-Mr. Lowe seconded- all agreed unanimously. 167
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Mr. Knaggs nominated Mr. Lowe as Vice Chair of the Board of Adjustment for 2016. 169
Mr. Knaggs motioned-Chairman Pancoast second-all agreed unanimously. 170
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Mr. Knaggs motioned to keep the Planning & Development Services department as the Board’s 172
secretary. Mr. Lowe seconded the motion-all agreed unanimously. 173
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OTHER BUSINESS 175
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The Board approved the 2016 meeting schedule. 177
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Kara Wood, the interim Planning Manager introduced the new Planning Manager Bonnie Landry. Also 179
there will be a meeting in February and is requesting a quorum. 180
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ADJOURN 182
Having no further business, the meeting was adjourned at 9:48am. 183
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