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HomeMy WebLinkAboutApproved BOA minutes 04252018Page 1 of 6 Draft BOA Minutes April 25, 2018 St. Lucie County Board of Adjustment St. Lucie County Administration Building Commission Chambers 1 APRIL 25, 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 Alexander Tommie……………………….Board Member 15 Michael Jacquin .................................... Board Member 16 Derek Foxx... ........................................ Board Member 17 18 19 OTHERS PRESENT 20 Katherine Barbieri ................................. Assistant County Attorney 21 Linda Pendarvis .................................... Development Review Coordinator 22 Bethany Grubbs .................................... Planner 23 Ben Balcer…………………………………ERD Manager 24 Beverly Austin ....................................... Recording Secretary 25 26 Staff introduced themselves 27 28 ANNOUNCEMENTS 29 None 30 31 AGENDA ITEM #1 – MINUTES OF February 28, 2018 32 Vice Chair Harris motioned approval of minutes as written. 33 Chief Foxx seconded. 34 35 AGENDA ITEM #2 – Public Comments 36 None 37 38 AGENDA ITEM #3–Herb & Kathleen Yancy’s appeal of the Administrative Shoreline variance 39 condition of approval #1-- requiring the installation of an aerobic treatment septic unit. Staff 40 report by Ben Balcer, Environmental Resource Department Manager. 41 Page 2 of 6 Draft BOA Minutes April 25, 2018 Katherine Barbieri, Assistant County Attorney stated since this is an appeal, the appellate goes first 42 and explain why they are appealing the decision. 43 44 Vice Chair Harris recused himself from voting on this agenda item due to knowing Mr. Yancy. 45 46 Kathleen and Herb Yancy of 4217 Sunrise Blvd. were sworn in and gave their reasons for the appeal. 47 48 Ben Balcer, ERD Manager stated Herbert and Kathleen Yancy by appeal letter dated April 12, 2018 49 are appealing the decision of the Environmental Resources Department (ERD) Director requiring the 50 installation of an aerobic treatment septic unit as a condition of approval of their Administrative 51 Shoreline variance permitting the installation of a new septic unit within the 300’ zone B shoreline 52 buffer along the fork of the St. Lucie River. Land Development Code 6.02.02.B.2.c prohibits the 53 installation of new septic systems within the 300’ zone B shoreline buffer, unless authorized by a 54 variance granted in accordance with Section 10.01.30 of the St. Lucie Land Development Code (LDC). 55 Section 10.01.30.E of the LDC stated that any party aggrieved by a decision may appeal such decision 56 to the Board of Adjustment. 57 58 Chair Lowe opened the meeting for discussion and questions of staff 59 60 The Board members except Vice Chair Harris discussed the issue and asked staff about the septic 61 system. 62 63 Chair Lowe opened the public hearing 64 None 65 Chair Lowe closed the public hearing 66 67 Chair Lowe returned to the Board for discuss and/or motion. 68 Mr. Jacquin made a motion for approval to the St. Lucie County Land Development Code 69 Section 11.11.02D, there is substantial competent evidence in the record that an error was 70 made for reasons of his belief that the environment does not get impacted additionally any 71 more with the standard system that an aerobic system. There was no second. 72 73 Mr. Tommie made a motion of denial of the variance of the Land Development Code Section 74 11.11.02D in determination and interpretation there is substantial evidence in the record that 75 an error was made in the decision being applied that fails to comply with the requirements of 76 this code being that the new county rules; I think that there was no error and the county system 77 applies. Chief Foxx seconded the motion. 78 79 The roll was called: 80 Chair Lowe No 81 Vice Chair Harris Recused 82 Mr. Tommie No 83 Mr. Jacquin No 84 Chief Foxx No 85 86 0-Yes 4-No Motion failed 87 88 The Chair stated he was confused and was having difficulty understanding…there is no room on the 89 2 acre parcel to put another septic system? Staff tried to explain with the site plan by stating the 300 90 Page 3 of 6 Draft BOA Minutes April 25, 2018 foot Zone B buffer is the green line. There is nowhere on this property, in order to meet a setback and 91 put a septic tank on this parcel. That 300 foot is off of this property. They could not build the home 92 without a variance. The variance has been issued and they are appealing the condition of approval 93 of the variance. 94 95 Mr. Jacquin tried to clarify by stating they are going to put a standard one in if we approve it or they 96 have to put an aerobic one in generally in the same location if we deny or we don’t make a motion 97 either way. Is that what we are voting on? They can still build the house either way. 98 99 Ms. Barbieri stated they have been granted a variance right now—the variance is they may put a 100 septic in within 300 feet—without that variance they could not put any septic in. But as a condition, 101 the Environmental Resources Director put in the requirement that it be an aerobic system. They are 102 appealing that one part of the variance that it be an aerobic system. If the Board grant the appeal, 103 then there will be no requirement that they put in an aerobic system. If the Board deny the appeal, 104 they will have to put the aerobic system in. 105 106 Mr. Jacquin stated it boils down to money; that is why he made the comment about the water. The 107 water is still going to be there. What is being talked about is a little bit extra they got with the aerobic 108 that’s being taken out and not with a standard septic tank. Either way the water is going to be there 109 but his comment was is that there is so much water that comes down from out west; we are arguing 110 about a small amount but a lot of money to them. That is what he is talking about. 111 112 Chair Lowe stated if they grant the appeal…Ms. Barbieri stated if the board grant the appeal there will 113 be no requirement of aerobic; but to grant the appeal you have to find that there was substantial 114 evidence that an error was made. That is why when Mr. Jacquin made his motion; he found that there 115 was no impact to the environment for the standard system. 116 117 Chair Lowe stated if they grant the appeal does the State have an appeal right? Ms. Barbieri stated 118 either party can appeal the board’s decision by a petition of certiorari to the circuit court within 30 days. 119 The county could do it or Mr. & Mrs. Yancy could do it. 120 121 Chair Lowe asked Mr. Jacquin to restate his motion. Mr. Jacquin restating his original motion for 122 approval of the request to grant it. He says he would reissue his Land Development Code Section 123 11.11.02.D… 124 125 Ms. Barbieri stated she could say something and they could say if they wanted to adopt it or not. Mr. 126 Jacquin stated please. 127 128 Ms. Barbieri sated the Board finds that there is substantial evidence in the record that an error was 129 made in the decision of the requirement of the aerobic treatment system and the appeal is granted 130 and the finding is based on that there is no substantial effect on the environment based on his 131 expertise. That was Mr. Jacquin’s motion. Chief Foxx seconded the motion. 132 133 The roll was called: 134 Chair Lowe Yes Mr. Jacquin Yes 135 Vice Chair Harris Recused Chief Foxx Yes 136 Mr. Tommie No 137 APPEAL APPROVED 138 139 Page 4 of 6 Draft BOA Minutes April 25, 2018 AGENDA ITEM #4-Petition of Daniel & Valentina Longman for a variance from the minimum 140 building setback requirements of the HIRD (Hutchinson Island Residential District) zoning 141 district. Staff report by Bethany Grubbs. 142 143 Bethany Grubbs, Planner stated the subject 0.29 acre property is located at 7667 Pelican Pointe Drive, 144 on South Hutchinson Island. Legal advertisement for this public hearing was placed in the St. Lucie 145 News Tribune on April 12, 2018, a public hearing notice sign has been installed on the subject property 146 and 10 mail notices were sent out to surrounding property owners within 500 feet of the subject 147 property. The applicants Daniel and Valentina Longman are requesting a variance to allow the existing 148 single-family residence to encroach a maximum of 2.08 feet into the required minimum 25 foot front 149 setback and a maximum of 1.25 feet into the required minimum 7.5 foot south-east (left) side setback. 150 The property is zoned HIRD (Hutchinson Island Residential District), and is surrounded by properties 151 with like zoning. Single-family dwelling units in the HIRD Zoning District must be in accordance with 152 the requirements for the RS-4 District. This zoning is compatible with the Residential Urban future land 153 use. A three-story, single-family residence with a pool already exists on the property. The property 154 owners purchased the property in 2016 with all of the improvements already in place. The St. Lucie 155 County Building Department issued a Certificate of Occupancy for this single-family residence on 156 November 26, 2003. The form board survey was approved as meeting setbacks. 157 The variance requested is to reduce the minimum required front setback a maximum of 2.08 feet, and 158 reduce the required minimum side setback a maximum of 1.25 feet. The applicant is requesting this 159 variance to allow these structure to remain “as is”. Ten property owners within 500 feet of the subject 160 property were notified by mail…as of today…..there have been two responses received, both in favor. 161 A letter of approval for this item was provided by Pelican Pointe Homeowners’ West Association, Inc. 162 Staff has reviewed this petition and recommends denial to the requested variance since the request 163 does not arise from a condition that is unique and peculiar to the land, structures and buildings 164 involved, nor is there a hardship. The property owners have reasonable use of their property. 165 Chair Lowe opened the meeting for discussion and questions of staff 166 167 Attorney Lee Dobbins of Dean Mead law firm represented the Longmans and explained the need for 168 the variance. 169 170 Chair Lowe opened the public hearing 171 None 172 Chair Lowe closed the public hearing 173 174 Chair Lowe returned to the Board for discuss and/or motion. 175 Vice Chair Harris made a motion: After considering the testimony presented during the public 176 hearing, including staff comments and the Standards of Review set forth in Section 10.01.02 177 of the St. Lucie County Land Development Code (LDC), I hereby move that the Board of 178 Adjustment approve the petition of Daniel and Valentina Longman for a variance from the 179 minimum building setback requirements in HIRD (Hutchinson Island residential District) for an 180 existing single-family residence to encroach a maximum of 2.5 feet into the required minimum 181 Page 5 of 6 Draft BOA Minutes April 25, 2018 25 foot front setback and a maximum of 1.5 feet into the required minimum 7.5 foot south-east 182 (left) side setback for the property located at 7667 Pelican Pointe Drive because they complete 183 and total support from the HOA; they have two “yeas” in favor; there will no impact on the 184 neighborhood and no degradation of property values. Chief Foxx seconded the motion. 185 186 The roll was called: 187 Chair Lowe Yes 188 Vice Chair Harris Yes 189 Chief Foxx Yes 190 Mr. Tommie Yes 191 Mr. Jacquin Yes 192 APPROVED 193 194 AGENDA ITEM #5-Petition of Paul Sasseville for a variance from the maximum lot coverage 195 requirements of the RS-4 (Residential, Single-Family-4 du/ac) zoning district. Staff report by 196 Bethany Grubbs. 197 198 Bethany Grubbs, Planner stated the subject 0.25 acre property is located at 25 Majestic Way, located 199 in the Queens Cove Subdivision on North Hutchinson Island. Legal advertisement for this public 200 hearing was placed in the St. Lucie News Tribune on April 12th, a public hearing notice sign has been 201 installed on the subject property and 36 mail notices were sent out to surrounding property owners 202 within 500 feet of the subject property. The applicant Paul Sasseville is requesting a variance to permit 203 the construction of a single-family residence, which proposes a total lot coverage of 3,376 square feet, 204 or 33.72%, thereby exceeding the maximum 30 percent lot coverage by 3.7 percent. The property is 205 zoned RS-4 (Residential, Single-Family – 4 du/ac), and is surrounded by properties with like zoning. 206 This zoning is compatible with the Residential Urban future land use. 207 Thirty-six property owners within 500 feet of the subject property were notified by mail…as of 208 today…..there have been: 5 In favor, 3 Not in favor, and 2 No opinion. 209 Queens Cove Property Owners Association, Inc. has provided a letter of support of the proposed 210 building plans. 211 The variance sought arises from conditions that are not unique and do not qualify as a hardship as 212 defined in the St. Lucie County Land Development Code. Staff has reviewed this petition and 213 determined that it does not necessarily conform to a strict interpretation of the standards of review as 214 set forth in Section 10.01.02 of the St. Lucie County Land Development Code. Staff is, therefore, 215 recommending denial of the requested variance. 216 Chair Lowe opened the meeting for discussion and questions of staff 217 218 Vice Chair Harris asked staff if a reason was given for the one not in favor and the answer was no. 219 220 Mr. Sasseville was sworn in and gave his reasons for the variance. 221 222 223 224 Page 6 of 6 Draft BOA Minutes April 25, 2018 Chair Lowe opened the public hearing 225 None 226 Chair Lowe closed the public hearing 227 228 Chair Lowe returned to the Board for discuss and/or motion. 229 Vice Chair Harris made a motion: After considering the testimony presented during the public 230 hearing, including staff comments and the Standards of Review as set forth in Section 10.01.02 231 of the St. Lucie County Land Development Code, I hereby move that the Board of Adjustment 232 approve the petition of Paul Sasseville for a variance from the provisions of Section 7.04.00 of 233 the St. Lucie County Land Development Code to allow for the construction of a single family 234 residence to exceed the 30 percent maximum lot coverage in the RS-4 (Residential, Single 235 Family-4du/ac) zoning district by an amount not to exceed 3.7% of lot coverage (which equates 236 to a maximum of 3,376 s.f. of buildings) for the subject property because they have acquired 237 approval letter from the HOA, the number in favor match the number against if he looked at 238 that correctly; however, the person that he would mostly be concerned about is not at the 239 meeting to state the reasons why they would be against it; there will be not additional impact 240 to the neighborhood; the proposed unit will meet all the building setbacks. Mr. Jacquin 241 seconded the motion. 242 243 The roll was called: 244 Chair Lowe Yes 245 Vice Chair Harris Yes 246 Chief Foxx Yes 247 Mr. Tommie Yes 248 Mr. Jacquin Yes 249 APPROVED 250 251 OTHER BUSINESS 252 Mayte Santamaria, Assistant Director wanted to provide an option for a workshop next month after the 253 regular agenda to go over the motions and the Standards of Review. Similar to the first agenda item 254 at this meeting where the board was struggling on what the standards were on how to make that 255 motion. It’s up to the Board if they want the workshop next month or the following month. 256 257 Mr. Jacquin asked about the administrative process that would not have ”housekeeping” items to go 258 through the Board of Adjustment. 259 260 Next meeting is May 23, 2018 with 3 agenda items. Mr. Jacquin stated if it’s a short meeting we will 261 have the workshop; if it’s a long meeting it will go to June. Chief Foxx stated he would be out of town 262 for the May meeting so it was agreed to have the workshop after the June meeting and if that one is 263 a long one, go to the next meeting. 264 265 ADJOURN 266 Having no further business, the meeting was adjourned at 10:31 am. 267 268