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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. 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 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 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 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 -g ` � q` = ANN. AWOL INDICATES -AIR CONDITIONER 53 ` = INDICATES vol WOOD STEPS TRASH ® DISPOSAL OT 5Z9 . pc1 �R 0 5ra6NO . 00 R �/Opp L O'T �0"30� 00 � �' ROO $ o. � ON cr � LU Van Np :rn' • ,� z o tK La �U U Q cnZ Z LZ IQ QQ Q C xcnZ �0) k 11 O O co , G Y 4 �-► W i Lu cv W � oQl,a p eo o- o o o U. N O Q. p raa. 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