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HomeMy WebLinkAboutERD-21-001E RD 21-001 File No. AV-11202025898 AN ORDER GRANTING A VARIANCE 'FROM THE PROVISIONS OF SECTION 6.02.02(B), OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE — ST. LUCIE RIVER SHORELINE DEVELOPMENT REGULATIONS, TO ALLOW FOR THE CONSTRUCTION OF A NEW SEPTIC SYSTEM APPROXIMATELY 205 FEET FROM THE RIVERINE SHORELINE WITHIN THE 300 FT ZONE B PROTECTION ZONE OF THE ST. LUCIE RIVER LOCATED AT 6311633 HIDDEN RIVER DRIVE IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the St. Lucie County Environmental Resources and. Public Works Directors have reviewed the application for a shoreline variance submitted by Paul Charette and Pam Paysner, in. coordination with the St. Lucie County Development Review Committee, and made the k; following determinations: 1. Paul Charette and Pam Paysner presented a petition for a variance from the provisions of Section 6.02.02(B)(2)(a), of the ,St. Lucie County Land Development Code — St. Lucie River Shoreline Development Regulations, to allow for the construction of a new septic system approximately 205 feet from the Mean High Water Line of the North Fork of the St. Lucie River within the 300 feet Zone B Protection Zone located at 631/633 Hidden River Drive. Environmental Resources Department staff worked with the applicant to position the proposed septic system as far away from the North Fork of the St. Lucie River as the site constraints allow. The proposed septic system will be located 205 feet from the Mean High Water Line (MHWL) of the North Fork of the St. Lucie River and shall consist of an aerobic treatment unit in lieu of a traditional septic system to minimize the potential for water quality impacts. 2. On January 15, 2021 mail notices were sent to all owners of property within 500 feet of the subject property. Within ten (30) calendar days of mailing the notification, the Environmental Resources Department received a total of six (6) responses including five (5) 'responses in -.favor of granting the variance and one (1) in , opposition. The Environmental Resources Director considered these responses when making this determination. 3. The Environmental Resources Department staff have reviewed the variance for the proposed project and found it to meet technical requirements of the St. Lucie County Land Development Code and to be consistent with the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Order. 3. After consideration of the staff comments and the standards of review for granting variances set out in Section 10.01.30, St. Lucie County Land Development Code, the Environmental Resources Director has made the following determination: ERD Order No.21-001 February 16, 2021 Page 1 a. Unnecessary Hardship. Denial of the variance request would result in a hardship for the applicant as public wastewater service is not available within 1,000 feet of the subject property. The variance requested arises from constraints that are unique and particular to the specific parcel of land involved as the subject properly is located on the North Fork of the St. Lucie River and, platted in 1978 as part of the Hidden River Estates subdivision. This hardship was not created by the actions of the owner and consequentially the property cannot be developed without the granting of this variance, resulting in a hardship for the owner. b. Circumstances Beyond Control of the Applicant. The location of public wastewater service is beyond the control of the applicant and the conditions warranting the variance were not created by the applicant. c. No Adverse Impacts to Adjacent Shorelines. The variance granted will not impair or injure other property or improvements in the neighborhood in which the subject parcel of land is located as the neighboring properties include previously approved traditional septic tanks. No alterations to the natural shoreline are proposed and the required fifty (50) foot Zone A native shoreline buffer is provided consistent with Land Development Code 6.02.02. The granting of the variance will not contribute to erosion or siltation of the adjacent waterbody or shoreline. d. No Water Quality Impacts. The requested variance will prevent negative water quality impacts through the Condition of Approval requiring the installation of an aerobic treatment septic unit, which provides a higher level of treatment within the system than a standard septic unit. The effluent produced from an, aerobic treatment unit is cleaner by the time it reaches the distribution point than with a standard absorptive field, where a large amount of treatment occurs within the soil below the drainfield. The Condition of Approval requiring the installation of an aerobic treatment unit septic system reduces potential impacts from nutrients leaching into the North Fork of the St. Lucie River. Aerobic treatment units have proven to reduce the overall biological oxygen demand (BOD), total suspended solids (TSS) and reduce the Nitrogen load entering the North Fork 'of the St. Lucie River. The granting of the variance will not contribute to erosion or siltation of the adjacent waterbody or shoreline. The granting of the variance will not contribute to erosion or siltation of the adjacent waterbody or shoreline. e. Minimum Necessary. The variance granted is the minimum to allow for the construction of single family residence within the Zone B Shoreline Protection Buffer, making it possible for reasonable use of the land. The- aerobic treatment unit has been located as far away from the riverine shoreline as possible with required setbacks for the existing lot configuration, approximately 205 feet from the Mean High Water Line. f. Achieves the General Intent and Purpose of the Land Development Code and Goals, Objectives and Policies in the Comprehensive Plan. The variance desired, ERD Order No.21-001 February 16, 2021 Page 2 with the included Conditions of Approval, will not be opposed to the general spirit and intent of this ordinance or the St." Lucie County Comprehensive Plan. NOW, THEREFORE, BE IT ORDERED: A: Pursuant to. Sections 6.02.02(B)(2) and 10.01.30(B) of the St. Lucie County Land Development Code, the request of Paul Charette and Pam Pavners for a variance from the provisions of Section 6.02.02(B)(2), of the St. Lucie County Land Development Code St. Lucie River Shoreline Development Regulations, to allow for the construction of a new septic system approximately 205 feet from the Mean High Water Line, within the 300 foot Zone B Protection Zone of the St. Lucie River shoreline located at 6311633 Hidden River Drive is hereby approved for the property depicted on the attached maps as Exhibit "A",subject to the following conditions: 1) The new septic system shall consist of an aerobic treatment unit (ATU) as permitted by the Florida Department of Health due to proximity of the proposed system to the North Fork of the St. Lucie River and additional cleansing of wastewater afforded by the aerobic treatment unit process. 2) Prior to commencement of development activities an erosion control barrier shall be installed along the between the. construction area and the river frontage to ensure protection of the required Zone A 50 foot shoreline buffer. No impacts are permitted within the 50 foot Zone A shoreline protection area. Environmental Resources Department staff shall be notified for an inspection once completed. 3) Prior to the issuance of ar Certificate of Occupancy for the single family home, per Section. 7.09.05, Category I Invasive vegetation shall be removed from within the project boundary. Environmental Resources Department staff shall be notified for an inspection once completed. B. Ther property on which this administrative variance approval is being granted is described as follows: PARCEL ID: 3427-7014006-000-4 LEGAL DESCRIPTION: (OFFICIAL RECORDS BOOK 3287, PAGE 1809) LOT 5, BLOCK 1, OF HIDDEN RIVER ESTATES SUBDIVISION, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, IN AND FOR ST. LUCIE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 18, PAGE 14, TOGETHER WITH THE FOLLOWING DESCRIBED PROPERTY: BEGIN AT THE NORTHEAST CORNER OF LOT 5, BLOCK 1, OF HIDDEN RIVER ESTATES, A SUBDIVISION RECORDED'IN PLAT BOOK 18, AT PAGES 14, 1.4A THROUGH 14B, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE RUN NORTH 89°47'08" EAST, ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 5, TO THE WESTERN ERD Order No.21-001 February 16, 2021 Page 3 SHORE OF THE LAGOON SHOWN ON THE PLAT OF HIDDEN RIVER ESTATES; THENCE MEANDER SOUTHEASTERLY, ALONG SAID SHORELINE, TO THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 5; THENCE RUN SOUTH 89047'08" WEST, ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 5, TO THE SOUTHEAST CORNER OF SAID LOT 5; THENCE RUN NORTH 51 °09'39" WEST, ALONG THE EAST LINE OF. SAID LOT 5, A DISTANCE OF 158.70 FEET, TO THE POINT OF BEGINNING. ALL LYING AND BEING IN SECTION 27, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA C. The approvals granted by this administrative order shall expire exactly one, (1) year from the date of issuance, unless a Building Permit is obtained or an extension is granted in accordance with the provisions of Section 10.01.30(c) of the St. Lucie County Land Development Code. D. The developer is advised all applicable development permits and construction. authorizations from the appropriate state and federal and local regulatory agencies shall be obtained prior to the commencement of any development activities on the property described in Part B. Issuance of this permit by the County does not in any way create any, rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. E. This Order, shall become effective upon the date of approval indicated below. Should the property owner, developer or authorized agent wish to appeal any condition described in Part A above, all such appeals must be filed in writing with the Planning and Development Services Director within 30 days of the rendering of this Order, as described in Section 11.11.02.A, St. Lucie County Land Development Code. Should an appeal to this Order be filed, no permitting reviews or further administrative action shall take place on the processing of this development project until the appeal is resolved. F. The conditions set forth in Part A are an integral nonseverable part of the Administrative Variance approval granted by this Order. If any condition set forth is Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the variance approval granted by this order shall become null and void.. G. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 161' day of February, 2021. ENVIRONMENTAL RESOURCES DIRECTOR ST. LUCIE COUNTY, FLORIDA PUBLIC WORKS DIRECTOR ST. LUCIE COUNTY, FLORIDA ERD Order No.21-001 February 16, 2021 Page 4 ® , 1 1 APPROVED A,,". AND CORREGTN S: `I BY Daniel McIntyre, Cou February 16, 2021 ERD OrderNo21-001 Page 6 II Exhibit A - General Location Map ERD Order No.21-001 February 16, 2021 Page 6