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HomeMy WebLinkAboutApproved BOA minutes 02282018Page 1 of 4 DRAFT BOA Minutes February 28, 2018 St. Lucie County Board of Adjustment St. Lucie County Administration Building Commission Chambers 1 FEBRUARY 28, 2018 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 9:30 A.M. 10 11 ROLL CALL 12 Bob Lowe... ........................................... Chair 13 Ron Harris... ......................................... Vice Chair 14 Derek Foxx... ........................................ Board Member 15 Michael Jacquin .................................... Board Member 16 17 ABSENT 18 Alexander Tommie……………………….Board Member 19 20 OTHERS PRESENT 21 Katherine Barbieri ................................. Assistant County Attorney 22 Linda Pendarvis .................................... Development Review Coordinator 23 Bethany Grubbs .................................... Planner 24 Beverly Austin ....................................... Recording Secretary 25 26 Staff introduced themselves 27 28 ANNOUNCEMENTS 29 None 30 31 AGENDA ITEM #1 – MINUTES OF October 25, 2017 32 Mr. Jacquin motioned approval of the minutes as written. 33 Vice Chair Harris seconded and the motion carried unanimously. 34 35 AGENDA ITEM #2 – Public Comments 36 None 37 38 AGENDA ITEM #3–Petition of Petition of Daniel and Valentina Longman for a variance from the 39 provisions of Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements of the St. Lucie 40 County Land Development Code to allow the existing single-family residence to encroach a maximum 41 of 2.5 feet into the required minimum 25 foot front setback and a maximum of 1.5 feet into the required 42 Page 2 of 4 DRAFT BOA Minutes February 28, 2018 minimum 7.5 foot side setback for a property located within the HIRD (Hutchinson Island Residential 43 District) zoning district. Staff report by Bethany Grubbs. 44 Bethany Grubbs, Planner stated the applicant Daniel Longman request a continuance to a date certain 45 of March 28, 2018 to allow additional time to install the required sign notice on the property. 46 47 Chair Lowe opened the meeting for discussion and questions of staff 48 49 The Board asked staff if the item had to be re-advertised and they stated yes. 50 51 Chair Lowe opened the public hearing 52 None 53 Chair Lowe closed the public hearing 54 55 Chair Lowe returned to the Board for discuss and/or motion. 56 Vice Chair Harris made a motion: To continue this agenda item to the date certain of March 57 28, 2018 and staff will re-advertise. Chief Foxx seconded the motion. 58 59 The roll was called: 60 Chair Lowe Yes 61 Vice Chair Harris Yes 62 Chief Foxx Yes 63 Mr. Jacquin Yes 64 APPROVED 65 66 AGENDA ITEM #4-Petition of David and Debra Crowe for a variance from the minimum building 67 setback requirements of the AR-1 (Agricultural, Residential – 1 du/ac) zoning district to remedy 68 encroachments in the rear and side yard setbacks. The subject property is located at 5210 69 Indrio Road. Staff report by Bethany Grubbs. 70 71 Bethany Grubbs, Planner stated the subject 1.01 acre property is a rectangular shaped lot located in 72 the AR-1 (Agricultural, Residential – 1 du/ac) Zoning District. The purpose of the AR-1 district is to 73 provide and protect an environment suitable for single-family dwellings at a maximum density of one 74 (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible 75 with very low density rural residential surroundings. The said zoning district requires a side setback of 76 20 feet and a rear setback of 30 feet for structures. 77 78 The parcel is improved with a 1,680 square foot residence that was constructed in 1985, according to 79 records of the Property Appraiser. The County received a complaint for the construction of a non-80 compliant accessory structure at the subject property. A Notice of Violation was issued by the St. Lucie 81 County Code Compliance Division on September 21, 2017 for a Quonset hut, which was erected 82 without a building permit, and as a result encroaches into the required setbacks. Upon receipt of the 83 Notice of Violation, the applicants submitted an application for a variance from the provisions of 84 Section 7.04.01(Table 7-10), of the St. Lucie County Land Development Code to permit a Quonset 85 hut that encroaches a maximum of 18.5 feet into the required minimum rear yard setback and 8.6 feet 86 into the minimum west side yard setback. While reviewing the application submittal, staff noted that 87 there were two additional accessory structures, a shed and pole barn, also encroaching into the rear 88 yard and east side yard setbacks. In an effort to remedy the situation, the applicants are requesting 89 Page 3 of 4 DRAFT BOA Minutes February 28, 2018 two (2) variances from the minimum building setback requirements as required in the AR-1 90 (Agricultural, Residential – 1 du/ac) Zoning District. 91 92 1. For the Quonset hut, a variance to permit the current location of the building, which encroaches 93 8.6 feet into the side yard setback and 18.5 feet into the rear yard setbacks and to facilitate the 94 issuance of a building permit for the Quonset hut for which no building permit was applied and no 95 inspections were made. 96 97 2. For the pole barn and shed, a variance is requested to memorialize the existing encroachment of 98 the pole barn and shed. These nonconforming structures encroach approximately 13 feet into the 99 rear yard setback and approximately 20 feet into the east side yard setback. 100 101 Quonset Hut 102 103 Staff has reviewed this petition and determined that it does not conform to the standards of review as 104 set forth in Section 10.01.02 of the St. Lucie County Land Development Code. Staff recommends 105 denial of the variance as it does not arise from conditions that are unique and peculiar from the land 106 and physical surroundings and are created by the actions of the current property owner. 107 108 Pole Barn and Shed 109 110 Staff recommends approval as the variance results from circumstances that were beyond the 111 applicant’s control. The LDC was adopted in 1984, coinciding with the erection of the structures. 112 113 Chair Lowe opened the meeting for discussion and questions of staff 114 115 The Board asked staff about the two responses in favor. The applicant gave the directions adjacent 116 to his property. 117 118 Chair Lowe opened the public hearing 119 Mr. Crowe was sworn in and gave reasons for the request. 120 121 Eric Wetmiller, a resident on 4811 Tree Top Trail was sworn in and stated his property would be 122 primarily affected and he has no objection to the variance. 123 Chair Lowe closed the public hearing 124 125 Chair Lowe returned to the Board for discuss and/or motion. 126 Vice Chair Harris made a motion: After considering the testimony presented during the public 127 hearing, including staff comments and the standards of review set forth in Section 10.01.02 of 128 the St. Lucie County Land Development Code (LDC), I hereby move that the Board of 129 Adjustments approve the petition of David and Debra Crowe for a variance from the provisions 130 of Section 7.04.01 (Table 7-10), of the LDC to allow the continued use of a pole barn and storage 131 shed that encroach 25 feet into the minimum 30 foot rear setback and 19.2 feet into the 132 minimum 20 foot right setback and a variance from the same provisions to allow a building 133 permit to be issued for a Quonset Hut to encroach 18.5 feet into the minimum 30 foot rear 134 setback and 8.6 feet into the minimum 20 foot left setback for a property located at 5210 Indrio 135 Road because mainly there are 3 people to be mostly affected by this; two did not respond at 136 all so it can be assumed there are no objections; the property owner most affected by it visited 137 Page 4 of 4 DRAFT BOA Minutes February 28, 2018 this meeting; made a testimony in support of the variance. There does not seem to be any 138 additional traffic impact in the community. Chief Foxx seconded the motion. 139 140 The roll was called: 141 Chair Lowe Yes 142 Vice Chair Harris Yes 143 Chief Foxx Yes 144 Mr. Jacquin Yes 145 APPROVED 146 147 AGENDA ITEM #5-ELECTION OF OFFICERS 148 Mr. Lowe was nominated to remain as Chair; it was unanimous. 149 150 Mr. Harris was nominated to remain as Vice-Chair; it was unanimous. 151 152 Planning & Development Services Department to remain as the secretary for the Board of Adjustment; 153 it was unanimous. 154 155 OTHER BUSINESS 156 The 2018 meeting schedule was approved unanimously by the Board. 157 158 ADJOURN 159 Having no further business, the meeting was adjourned at 9:52 am. 160 161