HomeMy WebLinkAboutApproved BOA minutes 032316Page 1 of 3
Draft BOA Minutes
March 23, 2016
St. Lucie County Board of Adjustment
St. Lucie County Administration Building Commission Chambers 1
March 23, 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
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
Michael Jacquin .................................... Board Member 17
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OTHERS PRESENT 19
Katherine Barbieri ................................. Assistant County Attorney 20
Bonnie Landry ...................................... Planning Manager 21
Jeff Johnson ......................................... Senior Planner 22
Beverly Austin ....................................... Recording Secretary 23
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ANNOUNCEMENTS 25
None 26
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AGENDA ITEM #1 – Minutes of February 24, 2016 28
Mr. Pancoast motioned approval of the minutes as written. 29
Chief Foxx seconded and the motion carried unanimously. 30
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AGENDA ITEM #2 – Public Comments 32
None 33
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AGENDA ITEM #3–Petition of A to Z Properties, Inc. for a variance from the provisions of 35
Section 7.04.01 of the St. Lucie County Land Development Code to construct a single family 36
residence to encroach 0.46 feet into the minimum 25 foot front yard setback. The subject 37
property is located at 6500 Las Palmas Way in the RM-5(Residential, Multi Family-5) zoning 38
district. Staff report by Jeff Johnson. 39
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Jeff Johnson, Senior Planner stated the petitioner, A to Z Properties, Inc. is requesting a variance to 41
construct a 2,432 s.f. one-story, single family residence to encroach 0.46 feet into the minimum 25 42
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Draft BOA Minutes
March 23, 2016
foot front yard setback. Legal advertisement for this public hearing was placed in the St. Lucie News 43
Tribune and a public hearing notice sign has been installed on the subject property. The subject 44
9,032 s.f. lot is located at 6500 Las Palmas Way (approximately 1/10 mile north of Kitterman Road on 45
the east side of Las Palmas Way) in the Las Palmas 33-lot single family residential subdivision was 46
approved by the Board of County Commissioners through Resolution No. 03-205 on October 21, 2003. 47
The property is zoned and surrounded by RM-5 ((Residential, Multiple family – 5) Zoning; it is 48
compatible with the RM, Residential Multiple Family future land use that allows a maximum residential 49
density of 9 dwelling units per acre. 50
The encroachment or condition of an existing concrete foundation for a proposed single family home 51
into the front yard setback was not created by the actions of the current property owner who purchased 52
the property last year from a financial institution. The foundation was constructed, and approved by 53
the Building Division through building permit (0509-0280, that was issued on May 15, 2006. A form 54
board survey that was provided by a licensed surveyor (Renner, Burgess, Inc. – Delray Beach, FL) 55
and was approved by zoning staff that demonstrated compliance with the 25 foot minimum front yard 56
setback. The building permit was void by the Building Division on July 16, 2013 due to the lack of 57
progress or work on the residence. 58
The current property owner submitted a new building permit last month to complete the construction 59
of the dwelling unit and comply with the recent changes in the Florida Building Code. A licensed 60
surveyor (Alexander Piazza, Inc. in Port St. Lucie) was hired to provide a current survey that now 61
shows a 0.46 foot encroachment. The adjacent lots are of similar size and are predominately occupied 62
with single family homes. The granting of the requested variance is neither expected to harm other 63
property or improvements in the neighborhood, nor is it expected to impair an adequate supply of light 64
or air to adjacent public streets, increase the danger of fire, or endanger the public safety, and 65
therefore should have no negative impact on property values. 66
Staff recommends approval of the variance as results from circumstances that were beyond control 67
of the property. The granting of the variance will allow a single family home to be constructed on the 68
existing foundation. The single family home will be deemed legal, non-conforming as per County 69
Land Development Code requirements as noted in LDC, Section 10.00.03 – Nonconforming 70
Structures. So if it was ever destroyed by more than 50% of its fair market value, the home can be 71
reconstructed with an encroachment of up to 0.46 feet into the front yard setback. It should be noted 72
that the building contractor will be required to provide an engineering report to confirm that the 73
foundation will provide adequate structural support for the proposed improvements. 74
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Chair Knaggs opened the meeting for discussion and questions of staff 76
No questions for staff 77
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John Katsock, Jr. of A to Z Properties was sworn in and concurred with Mr. Johnson’s staff report. 79
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Chair Knaggs opened the public hearing 81
No one spoke 82
Chair Knaggs closed the public hearing 83
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Draft BOA Minutes
March 23, 2016
84
Chair Knaggs returned to the Board for discuss and/or motion. 85
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Mr. Lowe disclosed that his real estate company had a listing from A to Z Properties last year—the 87
listing which was in Lakewood Park on Kings Highway expired and nothing was ever done. 88
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Mr. Lowe made a motion: After considering the testimony presented during the public hearing, 90
including staff comments, and the Standards of Review as set forth in Section 10.01.02 of the 91
St. Lucie County Land Development Code, I hereby move that the Board of Adjustment approve 92
the petition of A to Z Properties, Inc. for a variance from the provisions of Section 7.04.01, of 93
the St. Lucie County Land Development Code to construct a single family residence to 94
encroach 0.46 feet into the required minimum 25 foot front yard setback for the subject 95
property because the Home Owners Association had no objection and denial would create a 96
hardship for the owner and the approval would not harm other properties in the neighborhood. 97
Mr. Pancoast seconded the motion. 98
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The roll was called: 100
Chair Knaggs Yes 101
Chief Foxx Yes 102
Mr. Lowe Yes 103
Mr. Pancoast Yes 104
Mr. Jacquin Yes 105
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OTHER BUSINESS 107
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Next meeting date is April 27, 2016; Mr. Pancoast may have a schedule conflict. 109
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ADJOURN 111
Having no further business, the meeting was adjourned at 9:42 am. 112
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