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HomeMy WebLinkAboutApproved BOA minutes 10262016Page 1 of 5 Approved BOA Minutes October 26, 2016 St. Lucie County Board of Adjustment St. Lucie County Administration Building Commission Chambers 1 October 26, 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 Chairman Lowe called the meeting to order at 9:30A.M. 10 11 ROLL CALL 12 Bob Lowe... ........................................... Chair 13 Ron Harris... ......................................... Vice Chair 14 Richard Pancoast ................................. Board Member 15 Derek Foxx... ........................................ Board Member 16 17 ABSENT 18 Michael Jacquin .................................... 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 Staff introduced themselves 27 28 ANNOUNCEMENTS 29 None 30 31 AGENDA ITEM #1 – MINUTES OF August 24 2016 32 Vice Chair Harris motioned approval of the minutes as written. 33 Mr. Pancoast seconded and the motion carried unanimously. 34 35 AGENDA ITEM #2 – Public Comments 36 None 37 38 AGENDA ITEM #3–Petition of Danny Huff from the provisions of Section 7.04.00 of the St. Lucie 39 County Land Development Code to allow for the construction of a single family residence & 40 detached garage to exceed the maximum 10% lot coverage by building in the AG-1, 41 Page 2 of 5 Approved BOA Minutes October 26, 2016 Agricultural-1 zoning district. The subject one acre vacant parcel is located at 10518 Oakbridge 42 Court. Staff report by Jeff Johnson. 43 44 Jeff Johnson, Senior Planner presented the petitioner, Danny Huff in requesting a variance from the 45 provisions of Land Development Code, Section 7.04.00 to allow for the construction of a one-story, 46 3,339 s.f. single family residence with an attached garage and a 1,200 s.f. detached garage to exceed 47 the maximum 10% lot coverage by buildings in the AG-1, Agricultural – 1 zoning district. The subject 48 property is located at 10518 Oakbridge Court…located in North County – North of Indrio Road and 49 west of Johnston Road. 50 The Oakbridge 8-lot subdivision is zoned AG-1, Agricultural – 1 dwelling unit per acre and was 51 approved April, 2007 through GM Order 07-005. The lots in this subdivision are similar in size and 52 are all currently vacant. The request to construct a single family residence and detached garage that 53 would exceed the maximum lot coverage by 0.42 percent or 183 s.f. on the subject property does not 54 arise from conditions that are unique or peculiar to the land and physical surroundings that would 55 result in an unnecessary hardship for the owner. The boundary survey of the subject property shows 56 no encumbrances or obstacles that would hinder the development. The building plans could be 57 redrawn to reduce the amount of area to be provided to comply with the 10% maximum lot coverage 58 by buildings. Response forms were mailed out to property owners within 500 feet of the subject 59 property. There are no property owners in opposition of this request. 60 The variance should not harm other property or improvements in the neighborhood, impair an 61 adequate supply of light or air to adjacent public streets, increase the danger of fire, or endanger public 62 safety. The proposed structures will comply with all minimum building setbacks and height 63 requirements. The applicant has provided a letter of support from the Homeowners Association dated 64 September 2, 2016 65 Staff recommends denial of this variance as the request does not arise from conditions that are unique 66 to the structures, land and physical surroundings. The variance is created by the action(s) of the 67 applicant to propose structures that exceed the 10% maximum lot coverage by buildings that are 68 allowed in the AG-1 zoning district. 69 70 Chair Lowe opened the meeting for discussion and questions of staff 71 72 No questions for staff 73 74 Danny Huff, the property owner was sworn in and gave reasoning for the request. 75 76 Chair Lowe opened the public hearing 77 No one spoke 78 Chair Lowe closed the public hearing 79 80 Chair Lowe returned to the Board for discuss and/or motion. 81 82 Page 3 of 5 Approved BOA Minutes October 26, 2016 Mr. Harris made a motion: After considering the testimony presented during the public 83 hearing, including staff comments, and the Standards of Review as set forth in Section 10.01.02 84 of the St. Lucie County Land Development Code, I hereby move that the Board of Adjustment 85 approve the petition of Danny Huff for a variance from the provisions for Section 7.04.00 of 86 the St. Lucie County Land Development Code, to allow for the construction of a single family 87 residence and a detached garage to exceed the 10 percent maximum lot coverage by building 88 in the AG-1 zoning district by an amount not to exceed 10.5% of lot coverage (which equates 89 to a maximum of 4,574 s.f. of buildings) for the subject property because this variance will not 90 increase traffic, or result in the reduction on property values; the applicant has supplied a letter 91 from the HOA and there has been no opposition from adjacent property owners. 92 Mr. Pancoast seconded the motion. 93 94 The roll was called: 95 Chair Lowe Yes 96 Vice Chair Harris Yes 97 Mr. Pancoast Yes 98 Chief Foxx Yes 99 APPROVED 100 101 AGENDA ITEM #4–Petition of St. Lucie County Utility Department for a variance from the 102 provisions of Section 7.04.01 Table 7-10 Lot size & Dimensional requirements of the St. Lucie 103 County Land Development Code to allow the construction of a vacuum pump station to 104 encroach 25 feet into the 40 foot required front setback & 5 feet into the 20 foot required side 105 setback along the north property line within the Utilities Zoning District. Staff report by Bonnie 106 Landry, Planning Manager (for Linda Pendarvis). 107 108 Bonnie Landry, Planning Manager presenting this petition for Linda Pendarvis stated this petition is 109 the request of St. Lucie County Utilities Department for a variance from the provisions of Section 110 7.04.01 Table 7-10 Lot Size and Dimensional Requirements of the St. Lucie County Land 111 Development Code to allow the construction of a vacuum pump station to encroach 25 feet into the 112 40 foot required front setback and 5 feet into the 20 foot required side setback with in the Utilities 113 zoning district. This is a quasi-judicial public hearing. Proof of advertising for this public hearing was 114 printed on October 14, 2016. This sign was placed at the entrance of the Wastewater Treatment 115 Facility. Planning and Development Services Department mailed 307 notices to adjacent property 116 owners within a 500 foot radius of the subject property. A total of 9 response forms have been 117 returned to the Planning Department with seven (7) not in favor and two (2) in favor. 118 The subject property is developed as the existing North Hutchinson Island Wastewater Treatment 119 Facility. This variance is sought by St. Lucie County Utility department will provide the most suitable 120 location for the proposed vacuum station on the 3.74 acres. This location on the Wastewater 121 Treatment Facility plant site will provide the maximum setback from residential properties and restricts 122 the impacts to the onsite wetland area. The St. Lucie County Environmental Resource Department 123 provided a letter of support for the requested variance. 124 The location on the existing wastewater treatment facility has the least amount of impacts to: 125 Page 4 of 5 Approved BOA Minutes October 26, 2016 • Adjacent residential properties 126 • On site wetland areas 127 • Cost for the benefitted property owners, and 128 • Allows for sufficient access for the operation of the vacuum pump station 129 The proposed vacuum pump station is associated with the removal of septic systems existing on North 130 Hutchinson Island. The variance request will grant relief from the north property line that is adjacent 131 to Pepper Park and to the east property line that is adjacent to North A-1-A. 132 This variance request will permit the construction of the vacuum pump station to be setback from the 133 north and east property lines fifteen feet. Staff has reviewed this petition and determined that it does 134 not conform to a strict interpretation of the standards of review as set forth in Section 10.01.02, Land 135 Development Code but supports the overall public safety and general welfare of the community. Staff 136 is recommending approval of the requested variance. 137 Chair Lowe opened the meeting for discussion and questions of staff 138 139 The Board discussed the location of the pump station and the reasons the 7 residents objected. Of 140 the seven, only one wrote the reason of devaluing their property. 141 142 Matt Hammond, Utilities Engineer was sworn in and gave detailed reasons of why that particular 143 location. He explained the vacuum station’s operation; talked about a feasibility study done a few 144 years ago evaluating a number of different collection systems options. He also stated the aesthetics 145 of the building, the architectural style and coloring will match the adjacent buildings as well as 146 landscaping will be added to the north end adjacent to Pepper Park. 147 148 Chair Lowe opened the public hearing 149 150 Richie Jacquin of 3210 South Lakeview Circle was sworn in and asked about the odor and the station 151 on South Beach. Mr. Hammond answered the question to the resident’s satisfaction. 152 153 Jennie Malato of 2029 Lynx Drive was sworn in and stated her house is directly adjacent to the 154 treatment plant and her main concern was the noise factor. Mr. Hammond answered the question to 155 the resident’s satisfaction. 156 157 Chair Lowe closed the public hearing 158 159 Chair Lowe returned to the Board for discuss and/or motion. 160 161 Mr. Pancoast made a motion: After considering the testimony presented during the public 162 meeting, including staff comments, and the Standards of Review as set forth in Section 163 10.01.02 of the St. Lucie County Land Development Code, I hereby move that the Board of 164 Adjustment approve the petition of the St. Lucie County Utilities department for a variance 165 from the provisions of Section 7.04.01 of St. Lucie County Land Development Code to allow 166 the construction of a vacuum pump station to encroach 25 feet into the 40 foot required 167 setback, 5 feet into the 20 foot required side setback for the utilities zoning because there is 168 Page 5 of 5 Approved BOA Minutes October 26, 2016 not a lot of room to put this in because of the wetland issue; it will be surrounded by trees that 169 will hide it; the building will match the neighborhood. Chief Foxx seconded the motion. 170 171 The roll was called: 172 Chair Lowe Yes 173 Vice Chair Harris Yes 174 Mr. Pancoast Yes 175 Chief Foxx Yes 176 APPROVED 177 178 OTHER BUSINESS 179 The November and December BOA meetings will be combined. The date will be December 14, 2016. 180 Staff will advise the Board ahead of time if there are no agenda items to have a meeting. The next 181 meeting after that is January 25, 2017. 182 183 ADJOURN 184 Having no further business, the meeting was adjourned at 10:02 am. 185 186