HomeMy WebLinkAboutApproved BOA minutes 052516Page 1 of 5
Draft BOA Minutes
May 25, 2016
St. Lucie County Board of Adjustment
St. Lucie County Administration Building Commission Chambers 1
May 25 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
Vice-Chair Lowe called the meeting to order at 9:30A.M. 10
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ROLL CALL 12
Bob Lowe... ........................................... Vice Chair 13
Derek Foxx... ........................................ Board Member 14
Michael Jacquin .................................... Board Member 15
Richard Pancoast ................................. Board Member 16
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MEMBERS ABSENT 18
Ron Knaggs .......................................... Chair 19
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OTHERS PRESENT 21
Katherine Barbieri ................................. Assistant County Attorney 22
Bonnie Landry ...................................... Planning Manager 23
Jeff Johnson ......................................... Senior Planner 24
Linda Pendarvis. ................................... .Planner 25
Beverly Austin ....................................... Recording Secretary 26
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ANNOUNCEMENTS 28
It was announced that Mr. Knaggs was in the hospital. 29
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AGENDA ITEM #1 – MINUTES OF April 27, 2016 31
Mr. Pancoast motioned approval of the minutes as written. 32
Mr. Jacquin seconded and the motion carried unanimously. 33
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AGENDA ITEM #2 – Public Comments 35
None 36
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AGENDA ITEM #3–Petition of Fort Pierce No.1, LLC, for a variance to construct an 38
approximately 270 sq. ft. railcar shaker A-frame to be utilized for the unloading of aggregate 39
materials. The request is for the proposed structure to encroach 27 feet 2 inches into the 40
minimum required 30 foot side yard setback and 30 feet 10 inches into the minimum required 41
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Draft BOA Minutes
May 25, 2016
50 foot front yard setback. The subject 9.22 acre property is located at 5720 Environment Drive 42
in the IH, Industrial, Heavy zoning district. Staff report by Jeff Johnson. 43
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Jeff Johnson, Senior Planner stated the applicant Fort Pierce No.1, LLC is requesting a variance to 45
construct an approximately 270 sq. ft. railcar shaker A-frame to be utilized for the unloading of 46
aggregate material from an existing on-site railroad spur. The structure as proposed, is to encroach 47
27 feet 2 inches into the minimum required 30 foot side yard setback and 30 feet 10 inches into the 48
minimum required 50 foot front yard setback. Legal advertisement for this public hearing was placed 49
in the St. Lucie News Tribune and a public hearing notice sign has been installed on the subject 50
property. The subject 9.22 acre property is located at just north of Midway Road and east of the Florida 51
Turnpike. The address is 5720 Environment Drive and is zoned and surrounded by Industrial Heavy 52
Zoning. This zoning is compatible with the IND future land use that is designated on the subject 53
property. 54
The proposed request arises from conditions that are unique and peculiar to the land and existing 55
structures. There is an existing railroad spur that runs north-south that is off-set approximately 10 feet 56
from the west side property line. The location of the existing railroad spur with its close proximity to 57
the property line causes a hardship. The proposed structure as shown is required to straddle the 58
railway and is a necessity to unload aggregate product and facilitate more efficient operations. 59
The granting of the requested variance is neither expected to harm other property or improvements in 60
the adjacent vicinity, and therefore should have no negative impact on property values. The proposed 61
structure is to be located at the southwest corner of the property, adjacent to a stormwater pond. The 62
proposed improvement would be buffered by trees so as not to be visible from adjacent rights-of-ways 63
(Florida Turnpike and Glades Cut-Off Road). The requested variance may be the minimum necessary 64
to make possible the reasonable use of the land, buildings and structures. The existing railroad spur 65
is over 1500 feet in length and is located within a 40 foot wide railroad access easement. The re-66
location of the spur in order to place a structure that overlaps and complies with the minimum building 67
setbacks may result in a financial hardship. 68
Notice went out by mail to 14 property owners within 500 feet of the subject property……..as of date 69
staff has not received any responses. Nor has staff received any written or verbal correspondence 70
from the public in regards to this request. Staff recommends approval as the variance results in a 71
hardship that is unique to the existing railroad improvement on the property, 72
Vice Chair Lowe opened the meeting for discussion and questions of staff 73
No questions for staff 74
75
Vice Chair Lowe disclosed that he spoke with Jeff Johnson regarding an association being in the area 76
and there was none. 77
78
Mike McCarty of Land, Planning & Design explained the reasons for the variance. 79
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Vice Chair Lowe opened the public hearing 83
No one spoke 84
Vice Chair Lowe closed the public hearing 85
86
Vice Chair Lowe returned to the Board for discuss and/or motion. 87
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Mr. Pancoast made a motion: After considering the testimony presented during the public 89
hearing, including staff comments, and the Standards of Review as set forth in Section 10.01.02 90
of the St. Lucie County Land Development Code, I hereby move that the Board of Adjustment 91
approve the petition of Fort Pierce No. 1, LLC for a variance from the minimum building setback 92
requirements for a proposed railcar shaker A-Frame to encroach into the 30’10” and 27’2” into 93
the required minimum front and side yards, respectively because it is industrial zoning with no 94
property complaints in the area and it will be in an area where it can’t be seen. 95
Mr. Jacquin seconded the motion. 96
97
The roll was called: 98
Vice Chair Lowe Yes 99
Chief Foxx Yes 100
Mr. Pancoast Yes 101
Mr. Jacquin Yes 102
APPROVED 103
104
AGENDA ITEM #4-Petition of George & Joyce Voigt for a variance from the provisions of 105
Section 7.10.16(Q)(1)(a), of the St. Lucie County Land Development Code. To allow for the 106
replacement of an old mobile home unit with a new manufactured home that will encroach a 107
maximum of 2.5 feet into the minimum side yard setback of 8 feet from the property line. Staff 108
report by Linda Pendarvis. 109
110
Ms. Pendarvis stated this agenda item is the request to allow for the replacement of an old mobile 111
home unit with a new manufactured home that will encroach a maximum of 2.5 feet into the minimum 112
side yard setback of eight feet required in Recreational Vehicle Parks located in the Hutchinson Island 113
Residential zoning district. Nettles Island is a subdivision that is developed with a variety of structures 114
that consists of recreational vehicles, mobile homes, manufactured homes and CBS built homes. 115
This is a quasi-judicial public hearing. Proof of advertising for this public hearing can be found in the 116
agenda packet which was printed on May 10th. A sign was placed on the subject property by the 117
property owner. And on May 10, the Planning and Development Services Department mailed notices 118
to 293 adjacent property owners within a 500 foot radius from the subject property. 119
A total of 78 response forms were received by the Planning Division. Fifteen responses were in favor, 120
56 responses not in favor, and 7 responses of no opinion. The concerns expressed by the property 121
owners were: 122
• Emergency access 123
• Minimum setbacks currently exist 124
• And setting a precedents for future variance request. 125
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The subject property had an old mobile home unit placed on the site in 1980 that has been removed. 126
Due to the pie shaped nature of the lot the land development code designate the lot as a special 127
situation lot therefore the 10 foot front setback required for regular shape lots is reduced to a 5 foot 128
front setback. The 8 foot side setback and zero right side setback and 5 foot rear setback are the 129
same setbacks required for all lots located in a Recreational Vehicle Park within the Hutchinson Island 130
Residential Zoning District. The proposed variance is needed to allow the proposed manufactured 131
home to encroach 2.5 feet into the required 8 foot left side setback. 132
The proposed variance request does not conform to a strict interpretation of the standards of review 133
as set forth in Section 10.01.02 of the Land Development code. The variance is not the result of 134
conditions that are unique and peculiar to the land involved. There are several lots within Nettles 135
Island that are designated special situation lots and that have less land area than the subject property. 136
The proposed manufactured home can be repositioned to meet setbacks or a smaller manufactured 137
home can be placed on the property to make possible the reasonable use of the land without granting 138
a variance. 139
The variance sought arises from conditions that are not unique and do not qualify as a hardship as 140
defined in the St. Lucie County Land Development Code. Staff has reviewed this petition and 141
determined that it does not conform to a strict interpretation of the standards of review as set forth in 142
Section 10.01.02, St. Lucie County Land Development Code. Staff is therefore recommending denial 143
of the requested variance. 144
Vice Chair Lowe opened the meeting for discussion and questions of staff 145
No questions for staff 146
147
George Voigt of 265 Nettles Blvd., Jensen Beach, FL was sworn in and explained why they needed 148
the variance. 149
150
Larry Gabor of 1505 SE 8th Avenue, Okeechobee, FL was sworn in and discussed the 5 foot setback 151
and the 8 foot setback. 152
153
The Board discussed and asked question of the applicant, Mr. Voigt regarding the special situation lot 154
that he owned. It was determined from a fire standpoint there could be some issues. The Board 155
discussed the 56 responses being not in favor. The St. Lucie County Building Official, Carl Peterson 156
explained certain issues regarding the petition. 157
158
Vice Chair Lowe opened the public hearing 159
No one spoke 160
Vice Chair Lowe closed the public hearing 161
162
Vice Chair Lowe handed the gavel off the Mr. Pancoast so that he could make a motion. 163
164
Vice Chair Lowe made a motion: After considering the testimony presented during the public 165
hearing, including staff comments, and the Standards of Review as set forth in Section 10.01.02 166
of the St. Lucie County Land Development Code, I hereby move that the Board of Adjustment 167
deny the petition of George Voigt for a variance from the provisions of Section 7.10.16(Q)(1)(a) 168
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May 25, 2016
of the St. Lucie County Land Development Code to allow for the replacement of an old mobile 169
home unite with a new manufactured home that will encroach a maximum of 2.5 feet into the 170
minimum side yard setback of 8 feet from the property line in the HIRD zoning district because 171
of a safety issue, because it does not meet the Code and 56 property owners were against the 172
request. Chief Foxx seconded the motion. 173
174
The roll was called: 175
Vice Chair Lowe Yes to deny 176
Chief Foxx Yes to deny 177
Mr. Pancoast Yes to deny 178
Mr. Jacquin Yes to deny 179
DENIED 180
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Mr. Voigt stated under the Freedom of Information Act, he requests copies of the denial and approved 182
letters that was received. The Assistant County Attorney stated everything is public record and will 183
be provided to him. 184
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OTHER BUSINESS 186
There will be a June 22 meeting. Mr. Pancoast stated he will not be attending the June meeting due 187
to a schedule conflict. 188
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ADJOURN 190
Having no further business, the meeting was adjourned at 10:33am. 191
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