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HomeMy WebLinkAboutMEMORANDUMTO: FROW DATE: .. MEN - Planning and Development Services Department o� Planning Vvisican ll9lEMORANDUM Leslie Olson, AiCP, Director of Planning & Development Services Ma a Santamaria, Assistant Director of Planning & Development, Serviced yt g P November 5, 2018 Housing Horses in AR-1 Agricultural, Residential - i District - Can an Oplicant provide a `shelter' for a horse in the AR-1 zoning district within zone -hur Bred (100) feet of any property line? Section 7 �10.03 of the 'St. Lucie County Land Development Code (LDC), states within ilte AR-1 district, ariirnals other tha household domestic pets may be kept provided they are not housed within one lurndr"ed (100) feet ,of any property , dine. The' LDC does not define the term "housed" but the term can be interpreted to mean an enclosed structure' ghat contains or restricts the movement,ofan animal. lit line with this,: interpretation, on Ally 23, 2008, the Board ofdjustment of St: Lucie Countyapproved the continued use of.an unenclosed pole barn encroaching 45 feet into the munum 100 foot required setback, 'as long as the pole barn did riot have dooms and no animals were tethered ,r confined in the pole barn. (BOA Resolution 08419 - attached). PlannindlDirector's Interuretatioii of the Intent of the Code and Policy Determination: An applicant may provide `shelter,'" such as unenclosed pole barns, unenclosed garages,, unenclosed carports, unencl'os d metal buildings, and unenclosed .barns for a horse in file AR-1 zoning district within one hundred. (100) feet of a ily property line. An applicant will need to provide an affidavit with the requested building permit for an animal, si'elter stating, `no animals will be housed inside the proposed structure." If animas are to be housed, tethered and confined .within the proposed structure then the structure will need to be located ne hundred, (100) feet `from any property line. Alternatively, .an applicant may submit an application for a variance'�to locate the shelter within the setback, if there is a condition that is unique and peculiar to the land, structure..I involved; that the particular physical surroundings, the shape, or topographical condition of'the specific property iinvolved, would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere in 6venience, if the provisions of the LDC are literally enforced; that 'it is a condition that is not ordinarily found iIf the same zoning district, and the condition is created by the regulations of the LDC,. and not by an action or actions the property owner or the applicant. Plami tg.and Development Services ST. LUCK