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Home My WebLink AboutORDER GRANTING APPROVALJOSEPH E. SMITI4 _ RK OF THE CIRCUIT COURT �SAINT LUCIE COUNTY FILE # 4109203 09, 08 2015 at 04:37 M • OR BOOK 3785 PAGE 2397 - 2, L+; RECORDING: $44.0o ERD 15-003 p�� 292016 2 ��,`� St. IEFR411TTI 3 Ucie /� ORDER GRANTING APPROVAL FOR VARIANCE FROM THE PROV�§1614S OF 4 SECTION 6.02.02(B), OF THE ST.LUCIE COUNTY LAND DEVELOPMENT CODE — 5 ST. LUCIE RIVER SHORELINE DEVELOPMENT REGULATIONS, TO ALLOW FOR 6 THE CONSTRUCTION OF NEW AEROBIC TREATMENT UNIT SEPTIC SYSTEM 7 WITHIN 300 FEET OF THE ST. LUCIE RIVER SHORELINE LOCATED AT 4905 RIVER 8 PLACE, LOT 4, IN ST. LUCIE COUNTY, FLORIDA 9 10 WHEREAS, the St. Lucie County Environmental Resources Department and Public Works 11 Department have reviewed the application for shoreline variance submitted by Mr. Steve LiCausi, 12 and the comments of the St. Lucie County Development Review Committee on this application 13 and made the following determinations: 14 15 1. Mr. Steve LiCausi presented a petition for a variance from the provisions of Section 16 6.02.02(B), of the St. Lucie County Land Development Code — St. Lucie River Shoreline 17 Development Regulations, to allow for the construction of a new septic system within the 18 300 foot Zone B Buffer along the St. Lucie River shoreline located at 4905 River Place, 19 Lot 4. Environmental Resources Department staff worked with the applicant to place the 20proposed septic system as far away from the North Fork of the St. Lucie River as the site 21 would allow. The new septic system will be located 130 feet from the approximate edge 2' of water line of the North Fork of the St. Lucie River. 23 24 2. The Environmental Resources Department and Public Works Department staff has 25 reviewed the variance for the proposed project and found it to meet technical requirements 26 of the St. Lucie County Land Development Code and to be consistent with the St. Lucie 27 County Comprehensive Plan, subject to the conditions set forth in Part A of this Order. 28 29 3. After consideration of the testimony presented during the public input period, including 30 staff comments and the standards of review for granting variances set out in Section 31 10.01.30, St. Lucie County Land Development Code, the St. Lucie County Environmental 32 Resources Director and Public Works Director have made the following determination: 33 34 a. The variance requested arises from conditions that are unique and particular to the 35 specific parcel of land involved. The subject property is located on the North Fork 36 of the St. Lucie River. The property does not have access to public sewer. This 37 hardship was not created by the actions of the owner and consequentially the 38 property cannot be developed without the granting of this variance, resulting in a 39 hardship for the owner. 40 41. b. The variance granted will not impair or injure other property or improvements in 42 the neighborhood in which the subject parcel ofland is located. 43 44 c. The variance granted is the minimum to allow for the construction of single family 45 residence within the zone B shoreline protection buffer, making it possible for August 31, 2015 ERD Order No.15-003 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 reasonable use of the land. The requirement of an aerobic treatment unit type septic system reduces potential impacts to the minimum necessary for use of the property. d. The variance desired will not be opposed to the general spirit and intent of this ordinance or the St. Lucie County Comprehensive Plan. e. The requested variance will assist in preventing negative water quality impacts by requiring the installation of an aerobic treatment septic unit, which will reduce the amount of nutrients entering the St. Lucie River. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 6.02.02(B) of the St. Lucie County Land Development Code, the request of Mr. Steve LiCausi for 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 aerobic treatment unit septic system within 300 feet of the St. Lucie River shoreline located at 4905 River Place, Lot 4, 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 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 afforded by the aerobic treatment unit process. 2) No development or impacts are permitted within the 50 foot Zone A shoreline protection area. Environmental Resources Department staff shall be notified for an inspection once construction is completed. 3) No development or impacts are permitted within the 50 foot Wetland Buffer. Environmental Resources Department staff shall be notified for an inspection once construction is completed. 4) Prior to the issuance of a Vegetation Removal Permit, Environmental Resources staff shall conduct a site inspection to verify that silt fencing has been installed along the upland edge of the Wetland and Shoreline Protection Zones, to prevent any impacts to the intact native habitat and water quality. 5) Within 180 days of the issuance of the Certificate of Occupancy, the applicant, shall install native vegetation, in accordance with the approved upland buffer planting plan. An extension to this timeframe may be granted with formal written request and approval from the Environmental Resources Department Director. Environmental Resources Department staff shall be notified for an inspection once completed. B. The property on which this variance is being granted is described as follows: ERD Order No.15-003 August 31, 2015 Page 2 r 2 3 4 5 6 7 8 9 10 11 12 13 14 . 15 16 17 18 19 2C 21 22 23 24 25 26 27 26 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 C LEGAL DESCRIPTION: Lot 4, "RIVER PLACE" According to the Plat thereof, as recorded in Plat Book 18, Page 10 of The Public Records of St. Lucie County, Florida. Together with all land lying and being westerly of the above described parcel bounded on the north by the extension westerly of the north line of said parcel and on the south by the extension westerly of the south line of the above described parcel, and situate and being easterly of the main stream of the North Fork of the St. Lucie River. Less and excepting therefrom that certain parcel described in Warranty Deed from Frank H. Fee, III, joined by his wife, LeVan N. Fee, to Herbert Neuberger and Augusta Neuberger, his wife, dated January 7, 1986 and recorded in O.R. Book 487, Page 2738, of the Public Records of St. Lucie County, Florida. PARCEL ID# 3404-601-0005-000/9 The approvals granted by this administrative order shall expire September 1, 2016, unless a Building Permit is obtained or an extension is granted in accordance with the provisions of Section 1.1.02.06 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 County Administrator within 30 days of the rendering of this Order, as described in Section 11.02.03(B), 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. A copy of this Order shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Planning and Development Services Director and mailed to the developer and agent of record as identified on the site plan application. G. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Order. If any condition set forth in Section A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this order shall become null and void. H. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the 15t day of September, 2015. August 31, 2015 ERD Order No.15-003 Page 3 t. • a . 1 2 3 4 5 6 8 9 10 11 12 13 14 ENVIRONMENTAL RESOURCES DIRECTOR P1 ST. LUCIE COUNTY, FLORIDA S. A IA -LA 5; �& j BY B' Amy Griffi 0"-- 1 � APPROVED AS TO FORM AND CORRECTNESS: I" August 31, 2015 1— mx--hibit A General 9-ocation Map L,Ca'Oi, Steven ,--,S.horeline Varlanoe ..— '..! '*4 ST ALIgUst 31, 2015 ERD Order No.,15-00.3 Paae 5 Custom Soil Resource Report St. Lucie County, Florida 2—Ankona and Farmton sands Map Unit Setting National map unit symbol. 1 jpty Elevation: 20 to 200 feet Mean annual precipitation: 49 to 58 inches Mean annual air temperature: 70 to 77 degrees F Frost -free period. 350 to 365 days Farmland classification: Not prime farmland Map Unit Composition Ankona and similar soils: 50 percent Farmton and similar soils: 40 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Ankona Setting Landform: Flatwoods on marine terraces Landform position (three-dimensional): Talf Down -slope shape: Convex Across -slope shape: Linear Parent material: Sandy and loamy marine deposits Typical profile A - 0 to 19 inches: sand E - 11 to 38 inches: sand Bh - 38 to 48 inches: loamy sand Btg - 48 to 57 inches: sandy loam Cg - 57 to 80 inches: loamy fine sand Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: 31 to 50 inches to ortstein Natural drainage class: Poorly drained Runoff class. High Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: About 6 to 18 inches Frequency of flooding: None Frequency of ponding: None Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Sodium adsorption ratio, maximum in profile: 4.0 Available water storage in profile: Very low (about 1.5 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 4w Hydrologic Soil Group: C/D Other vegetative classification: Sandy soils on flats of mesic or hydric lowlands (G156BC141 FL) 10 Custom Soil Resource Report Description of Farmton Setting Landform: Flatwoods on marine terraces Landform position (three-dimensional): Interfluve, talf Down -slope shape: Convex Across -slope shape: Linear Parent material. • Sandy and loamy marine deposits Typical profile A - 0 to 7 inches: sand E - 7 to 34 inches: sand Bh - 34 to 50 inches: sand Btg - 50 to 80 inches: sandy loam Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Poorly drained Runoff class: High Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: About 6 to 18 inches Frequency of flooding: None Frequency of ponding. None Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhbs/cm) Sodium adsorption ratio, maximum in profile: 4.0 Available waterstorage in profile: Moderate (about 6.9 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 4w Hydrologic Soil Group: B/D Other vegetative classification: Sandy soils on flats of mesic or hydric lowlands (G156BC141 FL) Minor Components Electra Percent of map unit. 4 percent Landform: Rises on marine terraces, knolls on marine terraces Landform position (three-dimensional): Interfluve Down -slope shape: Convex Across -slope shape: Linear Other vegetative classification: Sandy soils on rises and knolls of mesic uplands (G156BC131 FL) Waveland Percent of map unit: 3 percent Landform: Flatwoods on marine terraces Landform position (three-dimensional): Talf Down -slope shape: Convex Across -slope shape: Linear Other vegetative classification: Sandy soils on flats of mesic or hydric lowlands (G156BC141 FL) 11