HomeMy WebLinkAboutMEMORANDUMPlanning a=_ -A, Development
Services Department
SGANIq i ilding and Code Regulation Division
!3t LiyPBy
IP r�pp��� MEMORANDUM
i
TO: Mark Satterlee, AICP, Director
THROUGH: Monica Graziani, Manager
FROM: Debra Zampetti, Zoning & P itting Supervisor
DATE: April 2, 2014
SUBJECT: Weinerman
Administrative Variance — 526 Nettles Blvd.
AV 320144747
On March 31, 2014, Nancy Armstrong, agent of record, submitted an Administrative Variance
application for parcel ID# 4502-501-0712-000-5 on behalf of Martha and Alan Weinerman. The
applicant is requesting an encroachment into the side yard required setback from 8 feet to 4.2
feet to install a 4 x 12 deck with stairs {and sit down chair -glide for a total encroachment of 48
square feet. The subject property is located at 526 Nettles Blvd, Jensen Beach, Florida 34957.
Analysis
Pursuant to Section 10.01.14.A(1)(a) of the St. Lucie Land Development Code (LDC), a person
may decrease the minimum required setback in an existing recreational vehicle park by no more
than 50 percent of the minimum standard in order to qualify for an administrative approval by
the Director.
The total square foot area of the side yard is 492 square feet. The stairs and the landing total 48
square feet which amount to less than a 50 percent overall encroachment. Accordingly, the
applicant meets the standards to qualify for an administrative variance. Attached hereto and
incorporated herein is a survey by Mixon Land Surveying, Inc., dated February 7, 2014.
Pursuant to Section 10.01.14.A(2)(a-g), if an applicant can meet the general standards for
issuing the variance, then the County shall grant the variance. The applicant meets the
standards as follows:
a. Demonstration that the recreational ,vehicle park was in legal existence upon the
effective date of this Ordinance. (Ordinance No. 94-007)
The subject recreational vehicle park was in legal existence on or before 1984 which
was before the effective date of the ordinance.
b. Demonstration that the existing, structure on the adjacent properties have been
constructed without, or in violation or, prior permit approvals and that these violations
have been granted conforming status consistent with Section 1.10.16 (Q)(2) of this
Code. .
Weinerman Admin. Variance
File No.: AV 320144747
April 2, 2014
Page 2
No violations have been found to exist on adjacent properties.
C. The literal application of the provisions in Section 7.10.16(Q) will result in an
undue hardship on the property owner(s) and would otherwise prohibit the use of the
petitioned property as others are used in the surrounding neighborhood.
The literal application of the setback provisions will result in an undue hardship wherein
the property owner would be den' egress from the side of the residence and
would deny a use that most homeowners have within the surrounding neighborhood.
d. The variance will not result in any encroachment into any access or utility easement or
other common area.
There will be. no encroachments into any easements or common areas.
e. The variance requested does not pesu/t in an encroachment of any more than 50
percent into any required yard setback area.
The requests amount to less than a 50 percent into the required setback.
f. The variance will not conflict with any other provisions of this code.
The dimensions of the landing and stairs are the minimum variance necessary and will. _.
not conflict with any other provisions of this code.
Recommendation
Staff finds that the applications meets the standards as provided in Section 10.01.14(2)(a-g) as
outlined hereinabove and is not in conflict with the St. Lucie County Comprehensive Plan. Staff
recommends that the Planning and Development Services Director approve the administrative
variance.
Attachment: Survey dated 2/7/2014 by Mixon Land Surveying, Inc.
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PDS NO.14-020
File No. AV 320144747
AN ORDER GRANTING ADMINISTRATIVE APPROVAL FOR
PROPERTY LOCATED AT 526'!NETTLES BLVD, NETTLES ISLAND, ST.
LUCIE COUNTY, FLORIDA
WHEREAS, the St. Lucie County Planning and Development Services Director has reviewed
the application for an administrative variance including but not limited to the staff report and
made the following determinations:
1. The administrative variance submitted by Nancy Armstrong, agent of record, has been
approved for property located at 526 Nettles Blvd, Jenson Beach, FL 34957.
2. The Administrative Variance allows for an encroachment into the rear setback from the
required 8 to 4.2 feet foot for a total of 48 square feet as shown on Boundary Survey
created by Mixon Land Surveying, Inc. dated February 7, 2014.
3. The Development Review Committee has reviewed the administrative variance on the
subject property 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
Pan.
4. Staff has provided an analysis of the parcel's eligibility for an encroachment into the
minimum required setback by no more than 50 percent in an existing recreational vehicle
park pursuant to Section 10.01.14 of the St. Lucie County Land Development Code.
That analysis is found in a memorandum dated April 3, 2014 entitled Weinerman
Administrative Variance — 526 Nettles Blvd., File No. AV 320144747
5. The requested encroachment will not have an undue adverse effect on adjacent
property, does not encroach into any easements or common areas, does not conflict
with other codes and otherwise meets the intent and purpose of the general standards
for issuing a variance pursuant to Section 10.01.14.A(2)(a-g). An analysis of the general
standards may be found in a Planning and Development Services memorandum
described above.
NOW, THEREFORE, BE IT ORDERED:
A. Pursuant to Section 10.01.14 of the St. Lucie County Land Development Code, the
Weinerman Administrative Variance is hereby approved as shown on the boundary
survey prepared by Mixon Land Surveying, Inc. dated February 7, 2014.
File No.: AV 320144747
April 3, 2014
PDS No. 14-020
Page 1
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B. The property on which this approval is being granted is described as:
NETTLES ISLAND INC, A CONDO -SECTION II PARCEL 526 AND PRO-RATA SHARE IN
COMMON ELEMENTS
PARCEL ID: 4502-501-0712-000-5
C. This order shall be recorded in the Public Records of St. Lucie County.
ORDER effective the -5 day of April, 2014.
File No.: AV 320144747
April 3, 2014
PLANNING & DEVELOPMENT SERVICES DIRECTOR
ST. LUCIE COUNTY, FLORIDA
BY
Mark Satteriee, ALV'
APPROVED AS TO FORM
AND CORRECTNESS:
BY
County Attorney
PDS No. 14-020
Page 2
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