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Home My WebLink AboutORDER PDS NUMBER 19-040PDS NO. 19-040 SCBYE® File No. AV 8201926593 St. Lucie County AN ORDER GRANTING ADMINISTRATIVE APPROVAL FOR PROPERTY LOCATED AT 808 OSPREY CT. FORT PIERCE, 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 aad madeAhe wowin etPrm�A_et�c; The Administrative Variance submitted by Michael Chesanek has been approved for property located at 808 Osprey Ct. Fort Pierce, Florida. 2. The Administrative Variance allows for a reduction of fifty percent into the minimum required side yard�ry nrm-8 feet t� t 3. The Administrative Variance allows for an encroachment into the minimum required side yard setback by 4jeet.fou llength of 32tsoM r feet. 4. Staff 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 Plan as conditioned. 5. 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 (LDC). That analysis is found in a memorandum dated August 26, 2019 entitled Michael Chesanek Administrative Variance — 808 Osprey Ct. A V-8201925593 6. 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 10.01.14A(2), LDC, the Chesenak Administrative Variance is hereby approved as described herein above subject to the following conditions: 14Z67►1011IAARY8]y1:1=16IT1.1 This variance from the dimensional requirements of Section 7.10.16 Q shall be valid for a period of no longer than (12) months unless a building permit is issued. B. The property on which this approval is being granted is generally described as: OCEAN RESORTS COOPERATIVE SITE 343 (OR 3506-1212; 3539-1431) File No.: AV 8201925593 PDS No. 19-040 September 17, 2019 Page 1 PARCEL ID: 1410-502-0343-000/9 C. This order shall be recorded in the Public Records of St. Lucie County. ORDER effective the day of September 2019. PLANNING & DEVELOPMENT SERVICES DIRECTOR ST. LUCIE COUNTY. FLORIDA Leslie Olson, AICP, Director APPROVED AS TO FORM AND CORRECTNESS: M. File No.: AV 8201925593 September 17, 2019 County Attorney PDS No. 19-040 Page 2 Planning and Development Services Department Building and Code Regulation Division MEMORANDUM TO: Leslie Olson, AICP, Director THROUGH: Monica Graziani, Manager FROM: Melissa Brubaker, Zoning & Permitting Supervisor DATE: August 26, 2019 SUBJECT: Michael Chesanek Administrative Variance — 808 Osprey Ct. AV-8201925593 On August 5, 2019, Michael Chesanek, submitted a completed Administrative Variance application for parcel ID 1410-502-0343-000/9. The applicant is requesting a variance from the required minimum 8 foot side yard setback to 4 feet to install a 4 X 8 landing and stairs to provide an entrance into the home. The subject property is located at 808 Osprey Ct., Fort Pierce, Florida. On January 23, 2019 Michael Chesanek, Owner of 808 Osprey went in front of the Board of Adjustments for a variance. They requested a variance for an 8ft encroachment into the required, 8ft side yard setback for an 11ft linear section of raised deck, a 4.65ft encroachment into the required 8ft side setback for a 26.7 linear section of a raised deck and a 5ft encroachment into the required 5ft rear setback for a 30ft wide section of raised deck. The variance was continued to the March 27, 2019 Board of Adjustments. On March 27 the board granted the variance for the 8ft encroachment into the required, 8ft side yard setback for an 11ft linear section of raised deck and the 5ft encroachment into the required 5ft rear setback for a 30ft wide section of raised deck as long as it met the fire code. The variance for a 4.65ft encroachment into the required 8ft side setback for a 26.7 linear section of raised deck was denied so that it would not affect the property owner to the west's setbacks. Analysis Pursuant to Section 10.01.14.A(1)(a) of the St. Lucie County 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. Applicant's request to encroach by 4 linear feet into the required 8 foot side setback meets the minimum standard in order to qualify for an administrative approval. The applicant has requested a 4 x 8 foot landing with stairs provide an entrance into the home. The requested total square foot area of the encroachment into the side yard would be 32 square feet. Data relied on for measurements consisted of a plot plan by Edward F. Shinskie. Chesanek Admin. Variance File No.: AV 8201925593 August 26, 2019 Page 2 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 1994 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 7.10.16 (Q)(2) of this Code. This criteria is not applicable for parks that are in existence before August 1, 1990. C. Demonstration that the placement of the proposed structure will meet the intent of all separation standards as required for all Recreational Vehicle Parks, Mobile Home parks, any other applicable provision of this Code, or the Florida Building Code, fire code(s) and that the requested variance is the minimum necessary to locate the proposed dwelling unit of the property. The existing mobile home is in compliance it was issued a building permit. The Administrative Variance is for access on the side of the property for a landing and stairs to provide an entrance into the home. d. 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 denied access to and from the side entrance and exit of the existing residence. e. The variance will not result in any encroachment into any access or utility easement or other common area. There will be no encroachment into any easements or common areas. The variance requested does not result in an encroachment of any more than 50 percent into any required yard setback area. The proposed landing with stairs will meet a 4 foot side yard setback that will amount to the 50 percent allowed encroachment, per the Land Development Code, into the required setback. g. The variance will not conflict with any other provisions of this code. The dimensions of the improvements are the minimum variance necessary and will not conflict with any other provisions of this code. Chesanek Admin. Variance File No.: AV 8201925593 August26, 2019 Page 3 Recommendation Staff finds that the applications meets the standards of review as provided in Section 10.01.14.A.(2) 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 with the following conditions: 1. This variance from the dimensional requirements of Section 7.10.16 Q shall be valid for a period of no longer than (12) months unless a building permit is issued.