HomeMy WebLinkAboutApproved BOA minutes 042716Page 1 of 3
Draft BOA Minutes
April 27, 2016
St. Lucie County Board of Adjustment
St. Lucie County Administration Building Commission Chambers 1
April 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
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
Derek Foxx... ........................................ Board Member 15
Michael Jacquin .................................... Board Member 16
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MEMBERS ABSENT 18
Richard Pancoast ................................. Board Member 19
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OTHERS PRESENT 21
Katherine Barbieri ................................. Assistant County Attorney 22
Bonnie Landry ...................................... Planning Manager 23
Jeff Johnson ......................................... Senior Planner 24
Beverly Austin ....................................... Recording Secretary 25
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ANNOUNCEMENTS 27
None 28
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AGENDA ITEM #1 – MINUTES OF March 23, 2016 30
Chief Foxx motioned approval of the minutes as written. 31
Mr. Lowe seconded and the motion carried unanimously. 32
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AGENDA ITEM #2 – Public Comments 34
None 35
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AGENDA ITEM #3–Petition of John & Kathleen Soukup for a variance from the minimum 37
building setback requirements in the Harbour Ridge, Deer Moss Village Planned Unit 38
Development (PUD) subdivision for an existing single family residence and an existing screen 39
enclosure to encroach up to 0.60 feet into the required minimum 20 foot rear yard setback. The 40
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Draft BOA Minutes
April 27, 2016
subject 0.32 acre property in located at 1737 Buttonbrush Circle in the PUD zoning district. 41
Staff report by Jeff Johnson. 42
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Jeff Johnson, Senior Planner stated the applicants, John and Kathleen Soukup are requesting a 44
variance from the minimum building setback requirements as noted in the Harbour Ridge, Deer Moss 45
Village Planned Unit Development (PUD) Final Site Plan for an existing one-story, 4,206 s.f. single 46
family residence and an existing 1,227 s.f. screen enclosure to encroach up to 0.60 feet into the 47
required minimum 20 foot rear yard setback. Legal advertisement for this public hearing was placed 48
in the St. Lucie News Tribune and a public hearing notice sign has been installed on the subject 49
property. The subject 0.32 acre lot is located at 1737 Buttonbrush Circle. 50
This subdivision is comprised of single family homes. The subject property backs up to a golf course 51
and has residences on the north, south and west sides. This zoning is compatible with the RE, 52
Residential Estate future land use that allows a maximum residential density of 1 dwelling unit per 53
acre. The Soukups purchased the property last year and hired a surveyor to provide a current survey 54
of the property that shows an approximately 6 tenths of a foot encroachment into the rear yard setback. 55
This existing condition or encroachment into the rear yard setback was not created by the actions of 56
the current property owner, but by the builder due to an apparent error in the original construction 57
when the home was built in 1992. 58
The adjacent lots are of similar size and are predominately occupied with single family homes. The 59
granting of the requested variance is neither expected to harm other property or improvements in the 60
neighborhood, nor is it expected to impair an adequate supply of light or air to adjacent public streets, 61
increase the danger of fire, or endanger the public safety, and therefore should have no negative 62
impact on property values. 63
The requested variance is the minimum necessary to make possible the reasonable use of the land. 64
Modifications to the existing home and screen enclosure in order to make the structures comply with 65
the minimum building setback requirement would result in hardship. Mail notices went out to 24 66
surrounding property owners within 500 feet of the subject property……..as of date staff has received 67
8 response forms – all in favor. An approval letter was submitted by the Harbor Ridge POA Director 68
which has been included in the agenda item. 69
The granting of the variance will allow a single family home and screen enclosure to remain on their 70
existing foundations. The single family home and screen enclosure will be deemed legal, non-71
conforming as per County Land Development Code requirements …….so if it was ever destroyed by 72
more than 50% of its fair market value, the home can be reconstructed with an encroachment of up to 73
0.60 feet into the rear yard setback. Staff recommends approval of the variance as results from 74
circumstances that were beyond control of the property. 75
Chair Knaggs opened the meeting for discussion and questions of staff 76
No questions for staff 77
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Draft BOA Minutes
April 27, 2016
Nicholas Gieseller, attorney for the applicants agreed with Jeff Johnson’s staff report; he had nothing 79
to add 80
. 81
Chair Knaggs opened the public hearing 82
No one spoke 83
Chair Knaggs closed the public hearing 84
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Chair Knaggs returned to the Board for discuss and/or motion. 86
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Mr. Lowe made a motion: After considering the testimony presented during the public hearing, 88
including staff comments, and the Standards of Review as set forth in Section 10.01.02 of the 89
St. Lucie County Land Development Code, I hereby move that the Board of Adjustment approve 90
the petition of John & Kathleen Soukup for a variance from the minimum building setback 91
requirements in the Harbour Ridge, Deer Moss Village PUD for an existing single family 92
residence & an existing screen enclosure to encroach up to 0.60 feet into the required minimum 93
20 foot rear yard setback for the property located at 1737 Buttonbrush Circle because there is 94
a letter from the HOA with no objection and it could cost a hardship to the owner and there 95
was no objections from 8 property owner responding and it will not harm the neighborhood. 96
Chief Foxx seconded the motion. 97
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The roll was called: 99
Chair Knaggs Yes 100
Chief Foxx Yes 101
Mr. Lowe Yes 102
Mr. Jacquin Yes 103
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OTHER BUSINESS 105
There was discussion of pre-existing conditions similar to this agenda item may be exempted in the 106
future and not require a meeting of the Board of Adjustments. Surveyors get different measurements 107
which causes issues for the property owner. Staff will be working on a process called an administrative 108
variance which they don’t have the capacity to currently do. Language will be drafted regarding small 109
variance type of issue such as this agenda item so the Board does not have to meet. 110
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Next meeting date is May 25, 2016. 112
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ADJOURN 115
Having no further business, the meeting was adjourned at 9:41 am. 116
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