HomeMy WebLinkAboutApproved BOA minutes 081016Page 1 of 6
Draft BOA Minutes
August 10, 2016
St. Lucie County Board of Adjustment
St. Lucie County Administration Building Commission Chambers 1
August 10, 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
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
Ron Harris... ......................................... Board Member 14
Michael Jacquin .................................... Board Member 15
Richard Pancoast ................................. Board Member 16
17
MEMBERS ABSENT 18
Derek Foxx... ........................................ Board Member 19
20
OTHERS PRESENT 21
Katherine Barbieri ................................. Assistant County Attorney 22
Bonnie Landry ...................................... Planning Manager 23
Jeff Johnson ......................................... Senior Planner 24
Beverly Austin ....................................... Recording Secretary 25
26
ANNOUNCEMENTS 27
Vice Chair Lowe welcomed Ron Harris to the Board. He also acknowledged the passing of 28
Ron Knaggs in which everyone stood for a moment of silence. He allowed staff to introduce 29
themselves and apologized to the applicants for the delay. 30
31
AGENDA ITEM #1 – MINUTES OF May 25, 2016 32
Mr. Pancoast motioned approval of the minutes as written. 33
Mr. Jacquin seconded and the motion carried unanimously. 34
35
AGENDA ITEM #2 – Public Comments 36
None 37
38
AGENDA ITEM #3–Petition of Vega’s Home Construction, Inc. for a variance from the 39
provisions of Section 7/04.01 of the St. Lucie County Land Development Code to construct a 40
single family residence to encroach0.72 feet into the minimum 25 foot front yard setback. The 41
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Draft BOA Minutes
August 10, 2016
subject property is located at 6412 Las Palmas Way in the RM-5 (Residential, Multiple Family-42
5) zoning district. Staff report by Jeff Johnson. 43
44
Jeff Johnson, Senior Planner stated there are two similar variance requests in the same residential 45
subdivision that require separate hearings and actions. 46
Legal advertisement for this public hearing was placed in the St. Lucie News Tribune and a public 47
hearing notice sign has been installed on the subject property. The applicant, Vega’s Home 48
Construction, Inc. is requesting a variance to construct a 2,412 s.f. one-story, single family residence 49
to encroach 0.72 feet into the minimum 25 foot front yard setback. The subject 8,800 s.f. lot is located 50
at 6412 Las Palmas Way (approximately 1/5 mile north of Kitterman Road on the east side of Las 51
Palmas Way) in the Las Palmas 33-lot single family residential subdivision. This subdivision was 52
approved by the Board of County Commissioners through Resolution No. 03-205 back on October 21, 53
2003. 54
The encroachment or condition of an existing concrete foundation for a proposed single family home 55
into the front yard setback was not created by the actions of the applicant. The foundation was 56
constructed, and approved by the Building Division through building permit (0509-686), that was 57
issued on May 15, 2006. A form board survey that was provided by a licensed surveyor and was 58
approved by zoning staff that demonstrated compliance with the 25 foot minimum front yard setback. 59
The building permit was void by the Building Division on July 16, 2013 due to the lack of progress or 60
work on the residence. The applicant submitted a new building permit recently to complete the 61
construction of the dwelling unit and comply with the recent changes in the Florida Building Code. A 62
licensed surveyor (Roland Rollins) was hired to provide a current survey that now shows a 0.72 foot 63
encroachment. 64
The requested variance is the minimum necessary to make possible the reasonable use of the land. 65
Pouring a new foundation that complies with the minimum building setback requirement would result 66
in a financial hardship. 67
Mail notices went out to surrounding owners within 500 as of date staff has received no objections 68
from adjacent property owners. Also, a letter of no objection to this request has been provided by the 69
Property Association. 70
Staff recommends approval of the variance as results from circumstances that were beyond control 71
of the property. 72
The granting of the variance will allow a single family home to be constructed on the existing 73
foundation. The single family home will be deemed legal, non-conforming as per County Land 74
Development Code requirements as noted in LDC, Section 10.00.03 – Nonconforming Structures. So 75
if it was ever destroyed by more than 50% of its fair market value, the home can be reconstructed with 76
an encroachment of up to 0.72 feet into the front yard setback. It should be noted that the building 77
contractor will be required to provide an engineering report to confirm that the foundation will provide 78
adequate structural support for the proposed improvements. 79
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Vice Chair Lowe opened the meeting for discussion and questions of staff 80
No questions for staff 81
82
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
88
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 Vega’s Home Construction, Inc. for variance from the provisions of 92
Section 7.04.01 of the St. Lucie County Land Development Code to construct a single family 93
residence to encroach 0.72 feet into the required minimum 25 foot front yard setback for the 94
subject property because it does not harm neighbors, neighbors have no objections and the 95
Property Association is in favor of it. 96
Mr. Jacquin seconded the motion. 97
98
The roll was called: 99
Vice Chair Lowe Yes 100
Mr. Harris Yes 101
Mr. Pancoast Yes 102
Mr. Jacquin Yes 103
APPROVED 104
105
AGENDA ITEM #4-Petition of Vega’s Home Construction, Inc. for a variance from the provisions 106
of Section 7.04.01 of the St. Lucie County Land Development Code to construct a single family 107
residence to encroach 0.81 feet into the minimum 25 foot front yard setback. The subject 108
property is located at 6408 Las Palmas Way. Staff report by Jeff Johnson. 109
110
Jeff Johnson, Senior Planner stated the next public hearing involves the adjacent property to the north 111
located at 6408 Las Palmas Way and involves the construction of a 2,412 s.f. single family home on 112
an 8,058 s.f. lot with a 0.81 foot encroachment in to the minimum required 25 foot front yard setback. 113
This foundation was constructed, and approved by the Building Division through building permit (0509-114
433, that was issued on May 15, 2006. A form board survey that was provided by a licensed surveyor 115
and was approved by zoning staff that demonstrated compliance with the 25 foot minimum front yard 116
setback. The building permit was void by the Building Division on July 16, 2013 due to the lack of 117
progress or work on the residence. 118
The applicant submitted a new building permit recently to complete the construction of the dwelling 119
unit and comply with the recent changes in the Florida Building Code. A licensed surveyor (Roland 120
Rollins) was hired to provide a current survey that now shows a 0.81 foot encroachment. Mail notice 121
went out to surrounding owners within 500 as of date staff has received no objections from adjacent 122
property owners. Also, a letter of no objection to this request has been provided by the Property 123
Association. 124
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Staff recommends approval of the variance as results from circumstances that were beyond control 125
of the property and should have no negative impact on the surrounding properties. 126
Vice Chair Lowe opened the meeting for discussion and questions of staff 127
128
There were no questions for staff. 129
130
Mr. Harris made an advisory comment by stating he looked at both of them and they are being carried 131
out to 100th of a foot. When it is measured again, it’s not going to be the same measurements. When 132
they do construction or whatever they are going to do, it’s going to change so there should be some 133
thought about opening up the variances a little more to allow for the minute discrepancies that will 134
happen during construction or during the surveying activities. 135
136
Vice Chair Lowe opened the public hearing 137
No one spoke 138
Vice Chair Lowe closed the public hearing 139
140
Vice Chair Lowe returned to the Board for discuss and/or motion. 141
142
Mr. Harris made a motion: After considering the testimony presented during the public 143
hearing, including staff comments, and the Standards of Review as set forth in Section 10.01.02 144
of the St. Lucie County Land Development Code, I hereby move that the Board of Adjustment 145
approve the petition of Vega’s Home Construction, Inc. for a variance from the provisions of 146
Section 7.04.01 of the St. Lucie County Land Development Code to construct a single family 147
residence to encroach 0.81 feet into the require minimum 25 foot front yard setback for the 148
subject property because there is no impact to adjacent property owners, no additional traffic 149
generated by this variance and it’s the right thing to do. Mr. Pancoast seconded the motion. 150
151
The roll was called: 152
Vice Chair Lowe Yes 153
Mr. Harris Yes 154
Mr. Pancoast Yes 155
Mr. Jacquin Yes 156
APPROVED 157
158
AGENDA ITEM #5-Petition of Verlon & Barbara Bennett, Inc. for a variance from the provisions 159
of Section 7.06.02(A) (1) of the SLC Land Development Code to provide 2 off-street parking 160
spaces that are two feet less than the minimum 10 foot width requirement & construct a 161
stairway that encroaches 2.2 feet into the minimum 15 foot rear yard building setback that is 162
established for the Venture Harbour subdivision. The subject property is located at 10751 S. 163
Ocean Drive Lot A-10 in the HIRD (Hutchinson Island Residential District) zoning district. Staff 164
report by Jeff Johnson. 165
166
Jeff Johnson, Senior Planner stated last month, the applicants, Verlon and Barbara Bennett applied 167
for a building permit to construct a 2,151, one story single family home. The petition contains 2 168
variances that will require separate actions…………a variance to reduce the required parking stall 169
width for the 2 required parking spaces by 2 feet in width from 10 feet to 8 feet…..and to construct a 170
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August 10, 2016
4 foot 10 inch by 7 foot stairway that is located at the rear of the proposed residence that will encroach 171
2.2 feet into the minimum required 15 foot rear yard setback. 172
The applicant is proposing to construct a single 1,557 s.f. family home with an attached 480 s.f. garage 173
on the subject 4,550 s.f. vacant property that will be placed near the front property line that utilizes the 174
entire buildable area. The owner plans on providing the two (2) required off-street parking spaces 175
within the garage that is 19 feet in width at the opening, with two (2) 18” inch columns on each side. 176
The variance to reduce the required off-street parking stall width from 10 feet to 8 feet arises from 177
conditions that are unique to the lot which is pie shaped with a narrow front yard. The area in the front 178
yard is constrained due to the shape and the 7.5 foot side yard setback requirement. 179
The variance to construct a 4’ x10’ x 7’ wide stairway at the rear of the residence does not arise from 180
conditions that are unique or peculiar to the land and physical surroundings that would result in an 181
unnecessary hardship for the owner. It is the desire or actions of the owner to place a 58 inch wide 182
stairway that exceeds the minimum 36 inch wide requirement as noted in the Florida Building Code 183
within the rear yard setback. The pie shaped lot provides more space in the rear yard for building 184
improvements. The variance is not the minimum to make possible the reasonable use of the land and 185
structures …the plans could be redrawn to comply with the minimum building setback which would 186
result in a minor loss of proposed habitable living space. 187
On the other hand, the adjacent lots on both sides are single family homes. The variance request 188
should not harm the property or improvements in the neighborhood. The proposed stairway will be 189
shielded by habitable area and should not obstruct water views from the property owners on either 190
side. Therefore, property values should not be impacted. 191
Legal advertisement for this public hearing was placed in the St. Lucie News Tribune and a public 192
hearing notice sign has been installed on the subject property. Mail notices went out to 138 193
surrounding owners within 500 feet of the subject property… as of date staff has received a total of 35 194
responses…28 in favor, 4 opposed, 3 with no opinion. Also, a letter from Venture Harbour Inc. has 195
been provided ….the letter indicates that their Board has no objection to the request to reduce the 196
width of the parking stalls. 197
Vice Chair Lowe opened the meeting for discussion and questions of staff 198
199
Mr. Harris asked staff about the letter from the Board of Directors of the mobile home park did not 200
include any objection to the over-sized stair-way. Is there a reason we don’t have the letter sayings 201
its ok. 202
203
Michael Richards, the agent who resides at 10701 South Ocean Drive, Lot 632, Jensen Beach, FL 204
was sworn in and advised the Board the reasons regarding the letter and other factors he deemed 205
necessary. 206
207
Vice Chair Lowe opened the public hearing 208
No one spoke 209
Vice Chair Lowe closed the public hearing 210
211
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Vice Chair Lowe returned to the Board for discuss and/or motion. 212
213
Mr. Harris made a motion: After considering the testimony presented during the public 214
hearing, including staff comments, and the Standards of Review as set forth in Section 10.01.02 215
of the St. Lucie County Land Development Code, I hereby move that the Board of Adjustment 216
approve the petition of Verlon & Barbara Bennett for a variance from the provisions of Section 217
7.06.02(A)(1) of the St. Lucie County Land Development Code to allow for two off-street parking 218
spaces that are 2 feet less than the minimum width requirement and to construct a stairway 219
that encroached 2.2 feet into the required minimum 15 foot rear yard setback for the subject 220
property because the adjoining lot owners that would be most affected did not protest; they 221
were in total support. There will be no additional traffic and no harm and will be a benefit for 222
the individuals moving in. Mr. Pancoast seconded the motion. 223
224
The roll was called: 225
Vice Chair Lowe Yes 226
Mr. Harris Yes 227
Mr. Pancoast Yes 228
Mr. Jacquin Yes 229
APPROVED 230
231
OTHER BUSINESS 232
233
Election of Chair: 234
Mr. Pancoast nominated/motioned Mr. Lowe as Chair of the Board of Adjustment 235
Mr. Harris seconded. Unanimously passed. 236
237
Election of Vice Chair: 238
Mr. Pancoast nominated/motioned Mr. Harris as Vice Chair of the Board of Adjustment 239
Mr. Jacquin seconded. Unanimously passed. 240
241
The roll was called: 242
Vice Chair Lowe Yes 243
Mr. Harris Yes 244
Mr. Pancoast Yes 245
Mr. Jacquin Yes 246
247
Other Business at Board members discretion 248
There was Board discussion regarding the time frame for the Chair being 2 years. The assistant 249
county attorney, Katherine Barbieri stated the Land Development Code calls for elections yearly. 250
251
Mr. Harris stated he may not be at the next meeting on August 24th due to having a jury summons. 252
253
ADJOURN 254
Having no further business, the meeting was adjourned at 10:19 am. 255
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