The URL can be used to link to this page

Home My WebLink AboutAPPROVED BOA minutes 1252017Page 1 of 5 APPROVED BOA Minutes January 25, 2017 St. Lucie County Board of Adjustment St. Lucie County Administration Building Commission Chambers 1 January 25, 2017 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 9:35A.M. 10 11 ROLL CALL 12 Bob Lowe... ........................................... Chair 13 Ron Harris... ......................................... Board Member 14 Alexander Tommie ................................ Board Member 15 Derek Foxx... ........................................ Board Member 16 Michael Jacquin .................................... Board Member 17 18 ABSENT 19 NONE 20 21 OTHERS PRESENT 22 Katherine Barbieri ................................. Assistant County Attorney 23 Bonnie Landry ...................................... Planning Manager 24 Jeff Johnson ......................................... Senior Planner 25 Beverly Austin ....................................... Recording Secretary 26 27 Staff introduced themselves 28 29 ANNOUNCEMENTS 30 Introduced new Board member-Alexander Tommie 31 32 AGENDA ITEM #1 – MINUTES OF October 26, 2016 33 Chief Foxx motioned approval of the minutes as written. 34 Mr. Harris seconded and the motion carried unanimously. 35 36 AGENDA ITEM #2 – Public Comments 37 None 38 39 AGENDA ITEM #3–Petition of Ronald Marsilia for a variance from the minimum building 40 setback requirements in the Harbour Ridge, Harbor Village Planned Unit Development (PUD) 41 Page 2 of 5 APPROVED BOA Minutes January 25, 2017 for a proposed swimming pool & screen enclosure to encroach 7 feet & 10 feet respectively 42 into the required minimum 30 foot rear yard setback. The subject 0.72 acre property is located 43 at 13506 Coco Plum Court in the PUD zoning district. Staff report by Jeff Johnson. 44 45 Jeff Johnson stated the applicant Ronald Marsilia is requesting a variance for a proposed swimming 46 pool and screen enclosure to encroach 7 and 10 feet respectively into the minimum 30 foot rear yard 47 setback. 48 The subject approximately 2/3rd acre property is located in the Harbour Ridge, Harbour Village 49 Planned Unit Development single family subdivision located at 13506 Coco Plum Court. Legal 50 advertisement for this public hearing was placed in the St. Lucie News Tribune, a public hearing notice 51 sign has been installed on the subject property. This zoning is compatible with the RE, Residential 52 Estate future land use that allows a residential maximum density of 1 dwelling unit per acre. The 53 subject property has single family homes on each side and backs up to a pond that is over 300 feet in 54 width. The variance does not arise from conditions that are unique and peculiar from the land and 55 physical surroundings that would result in unnecessary hardship for the owners. It is the desire or 56 actions of the property owner to construct a pool and screen enclosure that encroaches into the rear 57 yard setback. 58 As shown on the survey, there appears to be a reasonable amount of vacant land area in the rear 59 yard to accommodate an enclosure, provide for enjoyment and comply with the minimum 30 foot rear 60 yard building setback. The proposed structure will comply with the minimum required 20 foot side yard 61 setback and should not harm other property or improvements. 16 property owners within 500 feet of 62 the subject property were notified by mail with 4 responses—1 of no opinion and 3 were ok- 2 of which 63 were the owners on each side of the property. 64 There were 6 screen enclosure variances that were approved by the BOA over the past decade in 65 Harbour Ridge. The encroachments into the rear yard setback range from 3 to 7 feet on single family 66 lots that all back up to common open space. A letter of approval was received from the Board of 67 Directors of the Harbour Ridge Property Association for the 10 foot encroachment into the rear yard 68 setback. 69 Chair Lowe opened the meeting for discussion and questions of staff 70 71 No questions for staff 72 73 Travis Leonard, 10101 Crosby Place, the property owner’s agent was sworn in and gave reasoning 74 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 Page 3 of 5 APPROVED BOA Minutes January 25, 2017 Mr. Harris made a motion: After considering the testimony presented during the public 82 hearing, including staff comments, and the Standards of Review as set forth in Section 10.01.02 83 of the St. Lucie County Land Development Code, I hereby move that the Board of Adjustment 84 approve the petition of Ronald Marsilia for a variance from the minimum building setback 85 requirements in the Harbour Ridge, Harbor Village PUD for a proposed swimming pool and 86 screen enclosure to encroach 7 feet and 10 feet, respectively into the required minimum 30 87 foot rear yard setback for the property located at 13506 Coco Plum Court because there is no 88 increase in traffic, no decrease in property value and he has HOA approval. Mr. Jacquin 89 seconded the motion. 90 91 The roll was called: 92 Chair Lowe Yes 93 Vice Chair Harris Yes 94 Mr. Tommie Yes 95 Mr. Jacquin Yes 96 Chief Foxx Yes 97 APPROVED 98 99 AGENDA ITEM #4–Petition of Richard & Kathleen Scarpulla for a variance from the provisions 100 of Section 7.06.02 (A)(1) of the St. Lucie County Land Development Code to provide two off-101 street parking spaces that are two feet less than the minimum 10 foot width requirement and 102 construct a stairway that encroaches 3.6 feet into the minimum 15 foot rear yard building 103 setback that is established for the Venture Harbour subdivision. The subject property is 104 located at 10751 South Ocean Drive Lot 10-B in the HIRD (Hutchinson Island Residential 105 District) zoning district. Staff report by Jeff Johnson. 106 107 Jeff Johnson, Senior Planner stated the variance petition contains 2 variances that will require 108 separate actions…a variance to reduce the required parking stall width for the 2 required parking 109 spaces by 2 feet in width from 18 feet to 16 feet...and to construct an approximately 4 foot x 14 foot 110 stairway that is located at the rear of the proposed residence that will encroach 3.6 feet into the 111 minimum required 15 foot rear yard setback. The subject 3,665 square foot vacant lot is located on 112 South Hutchinson Island approximately ½ mile north of the Martin County Line on the west side of 113 State Road A-1A in the Venture Harbour subdivision. The property is zoned and surrounded by HIRD 114 (Hutchinson Island Residential District) zoning. This zoning is compatible with the RU, Residential 115 Urban future land use that allows a maximum residential density of 5 dwelling units per acre. 116 Off-Street Parking Spaces The applicant is proposing to construct a 2,000 square foot single family 117 home with an attached approximately 340 s.f. garage on the subject property that will be placed near 118 the front property line that utilizes the entire buildable area. The owner plans on providing the two (2) 119 required off-street parking spaces within the garage that is approximately 19 feet in width at the 120 opening. The variance to reduce the required off-street parking stall width from 10 feet to 8 feet arises 121 from conditions that are unique to the lot which is pie shaped with a narrow front yard. The area in 122 the front yard is constrained due to the shape and the 7.5 foot side yard setback requirement. 123 Page 4 of 5 APPROVED BOA Minutes January 25, 2017 Stairway The variance to construct a stairway at the rear of the residence does not arise from 124 conditions that are unique or peculiar to the land and physical surroundings that would result in an 125 unnecessary hardship for the owner. It is the desire or actions of the owner to place a 48 inch wide 126 stairway that exceeds the minimum 36 inch wide requirement as noted in the Florida Building Code 127 within the rear yard setback. The pie shaped lot provides more space in the rear yard for building 128 improvements. The variance is not the minimum to make possible the reasonable use of the land and 129 structures …the plans could be redrawn to comply with the minimum building setback which would 130 result in a minor loss of proposed habitable living space. On the other hand, the adjacent lots on both 131 sides are single family homes. The variance request should not harm the property or improvements 132 in the neighborhood. The proposed stairway will be shielded by habitable area and should not obstruct 133 water views from the property owners on either side. Therefore, property values should not be 134 impacted. 135 Legal advertisement for this public hearing was placed in the St. Lucie News Tribune and a public 136 hearing notice sign has been installed on the subject property. There is an approval letter from the 137 Homeowners Association. Also, the applicant has provided letters of support for both variances from 138 property owners on each side of their property. 139 Chair Lowe opened the meeting for discussion and questions of staff 140 141 There was discussion about side yard and building setbacks issues and street parking being a safety 142 issue. 143 144 Chair Lowe opened the public hearing 145 Richard Scarpulla, the applicant was sworn in and gave reasoning for the variances. 146 Chair Lowe closed the public hearing 147 148 Chair Lowe returned to the Board for discuss and/or motion. 149 150 Note: It was the motion maker’s preference to do both motions into one; (a) the off-Street 151 parking spaces and (b) the stairway encroachment. 152 153 Mr. Harris made a motion: After considering the testimony presented during the public 154 meeting, including staff comments, and the Standards of Review as set forth in Section 155 10.01.02 of the St. Lucie County Land Development Code, I hereby move that the Board of 156 Adjustment approve the petition of Richard and Kathleen Scarpulla for a variance from the 157 provisions of Section 7.06.02(A)(1) of St. Lucie County Land Development Code to allow for 158 two off-street parking spaces that are two feet less than the minimum width requirement and 159 to construct a stairway that encroaches 3.6 feet into the required minimum 15 foot rear yard 160 setback for the subject property because there will be no additional increase in traffic, it will 161 not reduce property values; they have the support from their HOA and adjourning land owners 162 that would be the most impacted by this variance. Chief Foxx seconded the motion. 163 164 165 The roll was called: 166 Chair Lowe Yes 167 Page 5 of 5 APPROVED BOA Minutes January 25, 2017 Mr. Harris Yes 168 Mr. Tommie Yes 169 Mr. Jacquin Yes 170 Chief Foxx Yes 171 APPROVED 172 173 AGENDA ITEM #5–Election of Officers 174 175 Mr. Harris nominated Mr. Lowe for Chair of Board of Adjustment. 176 Mr. Jacquin seconded. 177 178 The roll was called: 179 Chair Lowe Yes 180 Mr. Harris Yes 181 Mr. Tommie Yes 182 Mr. Jacquin Yes 183 Chief Foxx Yes 184 185 Chief Foxx nominated Mr. Harris for Vice Chair of Board of Adjustment. 186 Mr. Jacquin seconded. 187 188 The roll was called: 189 Chair Lowe Yes 190 Mr. Harris Yes 191 Mr. Tommie Yes 192 Mr. Jacquin Yes 193 Chief Foxx Yes 194 195 Vice Chair Harris nominated the Planning and Development Services Department of St. Lucie 196 County has the secretary for the Board of Adjustment. 197 Mr. Tommie seconded. 198 199 The roll was called: 200 Chair Lowe Yes 201 Vice Chair Harris Yes 202 Mr. Tommie Yes 203 Mr. Jacquin Yes 204 Chief Foxx Yes 205 206 OTHER BUSINESS 207 The 2017 meeting calendar was approved. 208 209 ADJOURN 210 Having no further business, the meeting was adjourned at 10:11 am. 211 212