HomeMy WebLinkAboutAPPROVED BOA minutes 05242017Page 1 of 3
APPROVED BOA Minutes
May 24, 2017
St. Lucie County Board of Adjustment
St. Lucie County Administration Building Commission Chambers 1
May 24, 2017 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
Chairman Lowe called the meeting to order at 9:40 A.M. 10
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ROLL CALL 12
Bob Lowe... ........................................... Chair 13
Ron Harris... ......................................... Board Member 14
Derek Foxx... ........................................ Board Member 15
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ABSENT 17
Alexander Tommie ................................ Board Member 18
Michael Jacquin .................................... Board Member 19
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OTHERS PRESENT 21
Katherine Barbieri ................................. Assistant County Attorney 22
Bonnie Landry ...................................... Planning Manager 23
Diana Waite .......................................... Senior Planner 24
Beverly Austin ....................................... Recording Secretary 25
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Staff introduced themselves 27
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ANNOUNCEMENTS 29
None 30
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AGENDA ITEM #1 – MINUTES OF October 26, 2016 32
Mr. Harris motioned approval of the minutes as written. 33
Chief Foxx seconded and the motion carried unanimously. 34
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AGENDA ITEM #2 – Public Comments 36
None 37
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AGENDA ITEM #3–Petition of Mark & Kelly McElwee for a variance from the provisions of 39
Section 7.04.01 of the St. Lucie County Land Development Code to allow a maximum 5 foot 40
encroachment into the 15 foot minimum rear set back. Staff report by Diana Waite. 41
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APPROVED BOA Minutes
May 24, 2017
Diana Waite, Senior Planner presented staff comments for the application of Mark & Kelly McElwee 42
for requesting a variance from the rear setback requirements in the RS-4 zoning district to allow a 43
proposed pool to encroach 5 feet into the required setback. This is a quasi-judicial public hearing and 44
proof of the required public notice is a picture of the sign in front of the home. The public notices for 45
this hearing included the mailing of 63 notices and response forms to property owners within 500 feet 46
of the subject property. Of the three responses received, 3 were in favor and zero had no opinion; 47
with no calls of other public comment being received. The garage is located at 116 Harris Street on 48
the NE corner of Ridge Avenue and Harris Street, opposite the St. Lucie County Walton Community 49
Center. 50
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The uses surrounding the subject parcel are single family homes. The applicant submitted a letter of 52
support signed by the adjacent property owner to the rear of the parcel; according to county records 53
the lots in this area were plated in 1913 with many being small irregular shaped lots. There was 54
previously a block house on the property that was demolished. Building permits have been submitted 55
for a new home. 56
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The variance sought does not arise from conditions that are particular to the property and does not 58
necessarily qualify as a hardship as defined in the St. Lucie County Development Code. Staff has 59
review this petition and determined that it does not conform to a strict interpretation of the Standards 60
of Review as set forth in Section 10.01.02 of the St. Lucie Land Development Code but is not in conflict 61
with the goals, objectives and policies of the St. Lucie County Comprehensive Plan. Staff 62
recommends denial of the requested variance. 63
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Chair Lowe opened the meeting for discussion and questions of staff 65
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The Board briefly discussed the agenda item noting an error with the proposed resolution stating in 67
#3 c “The Homeowners Association supports the variance”…there is no Homeowners Association. 68
Staff stated the error would be corrected. 69
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Kelly McElwee of 232 SW Fairchild Avenue, Port St. Lucie was sworn in and gave reasoning for the 71
request. 72
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Chair Lowe opened the public hearing 74
No one spoke 75
Chair Lowe closed the public hearing 76
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Chair Lowe returned to the Board for discuss and/or motion. 78
Mr. Harris made a motion: After considering the testimony presented during the public 79
hearing, including staff comments, and the Standards of Review as set forth in Section 10.01.00 80
of the St. Lucie County Land Development Code, I hereby move that the Board of Adjustment 81
approve the petition of Mark and Kelly McElwee for a variance from the provisions of Section 82
7.04.01 of the St. Lucie County Land Development Code to permit an unscreened pool to 83
encroach 5 feet into the minimum rear setback of 15 feet as required in the RS-4 (Residential, 84
Single Family-4DU/AC) zoning district because there will be no additional traffic to impact the 85
neighborhood, the adjourning land owner most affected by the granting of this variance is in 86
support and the variance is a minimum required to allow reasonable use of the land. Chief 87
Foxx seconded the motion. 88
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APPROVED BOA Minutes
May 24, 2017
The roll was called: 91
Chair Lowe Yes 92
Vice Chair Harris Yes 93
Chief Foxx Yes 94
APPROVED 95
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OTHER BUSINESS 97
Next meeting June 28, 2017 98
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ADJOURN 100
Having no further business, the meeting was adjourned at 9:54 am. 101
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