HomeMy WebLinkAboutApproved BOA minutes 022416Page 1 of 5
Draft BOA Minutes
February 24, 2016
St. Lucie County Board of Adjustment
St. Lucie County Administration Building Commission Chambers 1
February 24, 2016 2
9:30 a.m. 3
4
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
8
CALL TO ORDER 9
Chair Knaggs called the meeting to order at 9:30A.M. 10
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ROLL CALL 12
Ron Knaggs .......................................... Chair 13
Bob Lowe... ........................................... Vice Chair 14
Richard Pancoast ................................. Board Member 15
Derek Foxx... ........................................ Board Member 16
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OTHERS PRESENT 18
Katherine Barbieri ................................. Assistant County Attorney 19
Bonnie Landry ...................................... Planning Manager 20
Jeff Johnson ......................................... Senior Planner 21
Beverly Austin ....................................... Recording Secretary 22
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ANNOUNCEMENTS 24
None 25
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AGENDA ITEM #1 – Minutes of January 27, 2016 27
Mr. Pancoast motioned approval of the minutes as written. 28
Mr. Lowe seconded and the motion carried unanimously. 29
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AGENDA ITEM #2 – Public Comments 31
None 32
33
AGENDA ITEM #3–Petition of Edward & Sandra Puckett for a variance from the provisions of 34
Section 7.04.01 of the St. Lucie County Land Development Code to install a pool enclosure and 35
swimming pool to encroach 5 feet and 2 feet into the required minimum 15 foot rear yard 36
setback and to allow an existing single family home to encroach 0.3 feet into the required 37
minimum 25 foot front yard setback. The subject 0.24 acre property is located approximately 38
¼ mile west of Highway A1A on the north side of Marina Drive (North Hutchinson Island). Staff 39
report by Jeff Johnson. 40
41
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Draft BOA Minutes
February 24, 2016
Jeff Johnson, Senior Planner stated the petitioners, Edward and Sandra Puckett are requesting a 42
variance to allow for the construction of a pool enclosure and swimming pool to encroach 5 feet and 43
2 feet, respectively, into the required minimum 15 foot rear yard setback and to allow the existing 44
2,958 s.f. single family residence to encroach 0.30 feet into the required minimum 25 foot front yard 45
setback. The subject approximately ¼ acre property is located at 254 Marina Drive on North 46
Hutchinson Island in the RS-4 (Residential, Single Family – 4) zoning district (see attached location 47
map). Land Development Code Section 7.04.01 establishes minimum building setback requirements 48
for zoning districts. Any deviations from the minimum district requirements require Board of 49
Adjustment review and final action. 50
Staff recommends denial of the variance for the swimming pool and enclosure as it does not arise 51
from conditions that are unique and peculiar from the land and physical surroundings and is created 52
by the actions of the property owner. The proposed swimming pool and enclosure can be re-located 53
closer to the single family residence and comply with the minimum building setback requirements. 54
55
Staff recommends approval of the variance for the single family residence as the condition was not 56
created by the actions that are beyond the control of the property owner. 57
58
Chair Knaggs opened the meeting for discussion and questions of staff 59
60
The Board discussed the pool being built closer to the house, the seawall and other issues of the 61
variance. 62
63
Mrs. Puckett was sworn in and stated in was ok if the pool was closer to the house. 64
65
Chair Knaggs opened the public hearing 66
No one spoke 67
Chair Knaggs closed the public hearing 68
69
Chair Knaggs returned to the Board for discuss and/or motion. 70
71
There would be two separate votes on this agenda item. 72
73
Mr. Lowe made a motion: After considering the testimony presented during the public hearing, 74
including staff comments, and the Standards of Review as set forth in Section 10.01.02 of the 75
St. Lucie County Land Development Code, I hereby move that the Board of Adjustment approve 76
the petition of Edward & Sandra Puckett for a variance from the provisions of Section 7.04.01, 77
of the St. Lucie County Land Development Code to allow for the existing home to encroach 78
0.30 feet into the required minimum setback because this would create a hardship to the owner 79
if not approved. Captain Foxx seconded the motion. 80
81
The roll was called: 82
Chair Knaggs Yes 83
Chief Foxx Yes 84
Mr. Lowe Yes 85
Mr. Pancoast Yes 86
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Draft BOA Minutes
February 24, 2016
Mr. Pancoast made a motion: After considering the testimony presented during the public 87
hearing, including staff comments, and the Standards of Review as set forth in Section 10.01.02 88
of the St. Lucie County Land Development Code, I hereby move that the Board of Adjustment 89
approve the petition of Edward & Sandra Puckett for a variance from the provisions of Section 90
7.04.01 of the St. Lucie County Land Development Code to allow for the construction of a 91
proposed pool enclosure and swimming pool to encroach 5 feet and 2 feet, respectively into 92
the minimum required 15 foot rear yard setback because there is no harm to other property 93
owners and it allows for a better use of the pool. Captain Foxx seconded the motion. 94
95
The roll was called: 96
Chair Knaggs Yes 97
Chief Foxx Yes 98
Mr. Lowe Yes 99
Mr. Pancoast Yes 100
101
Both were approved. 102
103
AGENDA ITEM #4-Petition of Morris L. Garten for a variance from the provisions of Section 104
4.01.04 (Hutchinson Island Height Limitations) of the St. Lucie County Land Development Code 105
to allow four multi-family buildings to exceed the maximum 35 foot building height requirement 106
by 7 feet, for a total building height of 42 feet. The subject vacant property is located on South 107
Hutchinson Island, approximately 1/3 mile south of Frederick Douglas Park, on the east side 108
of Highway A1A. Staff report by Jeff Johnson. 109
110
Jeff Johnson, Senior Planner stated Hutchinson Sands is an approved unbuilt residential 111
condominium project located on South Hutchinson Island consisting of four condominium buildings 112
and 84 dwelling units. On April 24, 2015 the petitioner submitted a Minor Site Plan Adjustment to the 113
previous approved Major Site Plan for the project (see attached approved Major Site Plan and 114
proposed Minor Adjustment to Major Site Plan). The proposed modifications that are currently under 115
review include the following: 116
An increase in building height for four condominium buildings from 35 feet to 42 feet. 117
An increase of eight condominium dwelling units from 84 to 92. 118
An increase in the amount of developed land on the east side of Highway A-1A due to changes 119
in the mean high water line from 27.48 acres to 29.7 acres. 120
Re-location of the condominium buildings 25 feet to the west as mandated by the Department 121
of Environmental Protection (DEP)/Bureau of Beaches and Coastal Systems. 122
A reduction in building footprints for both building types (17,850 s.f. to 16,320 s.f. and 14,161 123
s.f. to 12,600 s.f.). The project will average 23 units per building ranging from 1,000 s.f. to 124
2,800 s.f. in size. 125
The provision of two parking lots between buildings. 126
Adjustments in the spacing of buildings to correspond with the proposed building height of 42 127
feet. 128
Adjustments to the landscaping between the buildings to provide additional buffering adjacent 129
to the parking lots. 130
Adjustments to the row of parking along the front of the buildings, 131
132
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February 24, 2016
The request is a variance from the provisions of Section 4.01.04 (Hutchinson Island Height Limitations) 133
of the St. Lucie County Land Development Code (LDC) which regulates the height of building on 134
Hutchinson Island by placing property within one of two overlay zones. The intent of this Overlay Zone 135
is to ensure that development in the coastal area is compatible with the physical and environmental 136
characteristics of the coastal property as per Comprehensive Plan Policy 5.1.1.1. 137
138
Previous Action 139
140
March 4, 2008 The Board of County Commissioners granted Major Site Plan approval through 141
Resolution No. 08-017 for 84 residential condominium units on 115.16 acres 142
and a wetland waiver to allow the construction of an access roadway, retaining 143
wall and parking on 2.5 acres of Category 1 wetlands. 144
145
November 30, 2010 The Planning and Development Services Director in accordance with Senate 146
Bill 1752 granted a site plan extension through PDS Order 10-022 which expired 147
on March 4, 2014. 148
149
March 7, 2014 The Planning and Development Services Director granted a two year Land 150
Development Code administrative extension in accordance with Section 151
11.02.06(B)(4) that is scheduled to expire on March 4, 2016. 152
153
January 28, 2016 The Planning and Development Services Director in accordance with 154
Governor’s Executive Order (EO) No. 15-173 declaring a State of Emergency 155
for Florida granted a site plan extension through PDS Order 16-009 with an 156
expiration date of November 4, 2016. 157
158
Staff recommends denial as the variance sought does not arise from conditions that are unique and 159
peculiar to the land and physical environment. Although the placement of the buildings are required 160
to be shifted to the west of the Coastal Construction line per DEP requirements, the applicant should 161
be able to obtain their previous approved density by reducing the number of buildings or size of the 162
dwelling units without increasing the height of the buildings. 163
164
Chair Knaggs opened the meeting for discussion and questions of staff 165
166
Chief Foxx disclosed that he worked on some of the approvals regarding the site plan of this agenda 167
item. He may have to weigh in on additional approvals of the site plan as well as the building plan 168
review. 169
170
The Board discussed other buildings in the area that had been approved above the 35 foot height. 171
Also the 3 objections which were over 300+ feet away. 172
173
James Brown, the agent was sworn in, along with David Miller, the architect, who gave a presentation 174
to the Board. 175
176
Chair Knaggs opened the public hearing 177
No one spoke 178
Chair Knaggs closed the public hearing 179
180
Chair Knaggs returned to the Board for discuss and/or motion. 181
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February 24, 2016
Chair Knaggs gave the gavel to the Vice Chair and made a motion: After considering the 182
testimony presented during the public hearing, including comments and the Standards of 183
Review as set forth in section 10.01.02 of the St. Lucie County Land Development Code, I 184
hereby move that the Board of Adjustment approve the petition of Morris Garten for a variance 185
from the provisions of Section 4.01.04 (Hutchinson Island Height Limitations) of the St. Lucie 186
Land Development Code to allow for a 7 foot height variance for the 4 multi-family residential 187
condominium building depicted on the proposed site plan adjustment in the HIRD zoning 188
district because this change is required by having been forced to move back and trying to not 189
encroach on any more wetlands, which is very positive and is in a neighborhood where similar 190
variances have been granted. Mr. Lowe seconded the motion. 191
192
The roll was called: 193
Chair Knaggs Yes 194
Chief Foxx Yes 195
Mr. Lowe Yes 196
Mr. Pancoast Yes 197
198
OTHER BUSINESS 199
200
Next meeting date is March 23, 2016. 201
202
Chair Knaggs stated he would speak with Commissioner Mowery regarding filling the vacancy on the 203
Board. 204
205
ADJOURN 206
Having no further business, the meeting was adjourned at 10:14 am. 207
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