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HomeMy WebLinkAboutBOA Agenda Packet 08.26.2020Vo LUjccI BOARD OF ADJUSTMENT AGENDA ST. LUCIE COUNTY Regular Meeting Wednesday, August 26, 2020 9:30 AM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARDMEMBERS CHAIR VACANT VICE -CHAIR ROBERT LOWE SR. COMISSIONERS CHIEF DEREK FOXX ALEXANDERTOMMIE STEWART MENCER KEVIN GRIFFIN Mission Statement To provide service, infrastructure and leadership necessary to advance a safe and sustainable community, maintain a high quality of life, and protect the natural environment for all our citizens Page 1 of 166 Regular Meeting Wednesday, August 26, 2020 9:30 AM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES A. Approval of the Minutes for the June 24th, 2020 Board of Adjustment Meeting S. PUBLIC COMMENTS 6. ELECTION OF OFFICIALS 7. AGENDA ITEMS A. Oceanglass Residences & Marina B. Gerner Pool Variance C. United Teleports - SES Variance 8. OTHER BUSINESS 9. ANNOUNCEMENTS 10. ADJOURN NOTICE: The proceedings of the Board of Adjustment are electronically recorded. PURSUANTTOSection 286.010S. Florida Statutes, if a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at a meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time as may be necessary to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least forty-eight (48) hours prior to the meeting. Any questions about this agenda may be referred to the St. Lucie County Board of Adjustment at 772-462-2822. 2 1 dg Page 2 of 166 Vo LUJCCI BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA Regular Meeting June 24, 2020 Convened: 09:36 A.M. Adjourned: 11:00 A.M. 1. CALL TO ORDER The meeting was called to order by Vice -Chair Lowe at 9:36 AM. 2. PLEDGE OF ALLEGIANCE Initiated by Vice -Chair Robert Lowe 3. ROLL CALL LIST ATTENDEES, TITLES, AND ARRIVAL TIME Attendee Name Title VACANT POSITION ROBERT LOWE STEWART MENCER CHIEF DEREK FOXX ALEXANDERTOMMIE OTHERS PRESENT Attendee Name Title KATHERINE BARBIERI LINDA PENDARVIS KORIBENTON BETHANY GRUBBS TAHIR CURRY KRIS MCCRAIN NADEGE PIERRE Assistant County Attorney Planning Manager Assistant Planning Manager Planner Associate Planner Associate Planner Sr. Staff Assistant Status Chair Vacant Vice -Chair Present Commission Me mber Excused Absence Commission Member Present Commission Member Present - Remotely Page 3 of 166 Board of Adjustment Wednesday, June 24, 2020 9:30 AM 4. APPROVAL OF MINUTES A. Board of Adjustment minutes for the meeting of October 23, 2019 RESULT: APPROVE MOVER: Board Member Derek Foxx SECONDER: Board Member Alexander Tommie AYES: Derek Foxx, Bob Lowe, Alexander Tommie NAYS: None EXCUSED: None S. PUBLIC COMMENTS None. 6. AGENDA ITEMS A. Pit Stop Canopy Variance - 5101 Turnpike Feeder Road Katherine Barbieri, Assistant County Attorney asked Board Member, Alexander Tommie if he had a chance to review the agenda packet. Mr. Tommie confirmed that he reviewed the agenda packet. Presented by Tahir Curry, Associate Planner for St. Lucie County Planning and Development Services Department. Pit Stop request variance approval to construct a 20 X 40 (800 square foot) metal canopy 23 feet within the required minimum 25-foot front yard setback, providing a two (2) foot total front yard setback located at 5101 Turnpike Feeder Road (within the Lakewood Park Community. The variances pertain to the standards of the CN (Commercial, Neighborhood) Zoning District. The site is located within the Commercial Neighborhood zoning district and conforms to the minimum lot standards for this district. The surrounding properties are located within the Commercial Neighborhood, Commercial Office, Residential Mobile Home - 5, and the Residential, Multiple -Family— 5 Zoning District. The Survey Submitted to the Planning Department Shows the Proposed 20 X 40 Metal Canopy. Notices were mailed on June 11, 2020 to 40 Adjacent Property Owners, Located within 500 feet of the Subject Parcel. The Planning and Development Services Department received three Responses, two in Favor, and one not in Favor. STAFF RECOMMENDATION 2 1 Page 4 of 166 Board of Adjustment Wednesday, June 24, 2020 9:30 AM Staff recommends denial of the request as the variance is not consistent with the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. as it does not arise from conditions that are unique to the site and is not a hardship as defined in the St. Lucie County Land Development Code. Vice -chair Lowe asked if any of the board members spoke to the applicant regarding the petition. The board members answered no. Katherine Barbieri, Assistant County Attorney asked Mr. Curry if someone from the public submitted a public comment re: the subject request via the public comment email. Tahir confirmed that he received one notice — applicant not in favor. APPLICANT/AGENT PRESENTATION Rosio Soto, FL licensed building contractor with Miami Design Builders; home address: 8266 NW 5th Ct, Miami, FL 33150. She provided a copy of the plans to the board members, an electronic copy was emailed to Mr. Tommie for review (these plans were not provided to the Planning Department nor P&Z Board before the meeting). Mr. Tommie asked about the approval process prior to construction of the proposed request. Linda Pendarvis, Planning Manager, informed him that the proposal will not require additional board approval after BOA —application for building permit would be the next steps. Ms. Soto requested that Mr. Curry load the picture of the existing location. Mr. Tommie confirmed of the electronic plans. Ms. Soto stated that the site was purchased in 1974 developed as gas station as convenience store, no canopy was installed. The benefit to the canopy would offer better service to enhance the look, provide customers with shield from sun and rain, enhance the neighborhoods and bring up property value. Ms. Soto explained that the denial poses a hardship to comply with set -back requirement as the owner would be required to lift the gas tanks and lift station. QUESTIONS FOR THE APPLICANT Mr. Foxx asked about the set -back requirements for the original canopy. Mr. Curry informed him that there were no prior canopy on this property. Ms. Soto stated that there are two "dog -bone" islands were permitted and installed on the property forty-six years ago, which is where the owner wants to install the canopy that would greatly enhance the look of the neighborhood. Mr. Foxx asked if the front set -back on Feeder Rd. Ms. Soto answered yes. He also asked if there will be a 2-foot set -back once the canopy is installed from the edge of the pavement? Mr. Curry informed him that it would be from the property line. Ms. Soto stated that it would be from the top of the canopy which is fifteen feet height clearance the columns are existing at twelve feet from the property line, which can't be moved. Mr. Foxx asked about the distance between the edge of the canopy to the edge of the roadway. Ms. Soto answered two feet. Mr. Foxx about whether a fire sprinkler requirement for the canopy. Ms. Soto stated that the canopy will be made 3 1 Page 5 of 166 Board of Adjustment Wednesday, June 24, 2020 9:30 AM of metal, non-combustible material, the fire extinguisher for the pumps are already there. Vice -chair Lowe asked about wind restrictions for the canopy. Ms. Soto stated that they comply with wind calculations (170 miles/hr.), which are provided to the building department (signed and sealed) when applying for a permit. Vice -chair Lowe asked of the plans were just provided to the Building Department. Ms. Soto stated yes, but only the proposed plans were provided to Planning. Linda Pendarvis, Planning Manager, clarified that the set -back is approximately two feet west of the sidewalk. Ms. Soto stated that its fifty feet from the center of the road. Mr. Tommie clarified Mr. Foxx questions regarding the 2-feet setback. Ms. Soto stated that the canopy would not cause obstruction —it will provide shade to pedestrians. Mr. Lowe asked if a camper could pull in once side. Ms. Soto stated that it would be accessible. Mr. Lowe asked if there was a comment associated with written responses for and against the variance request. Mr. Curry stated that there were no comments. Mr. Foxx asked about whether the utility easements will affect the roadway. Mr. Curry stated that it's a state road and the DOT will not weigh in on this request. Ms. Soto stated that the canopy will not cause any obstruction to the currently utility and gas lines and there is not requirement for DOT. Vice -chair Lowe asked about lighting. Ms. Soto stated that LED lights are proposed, no new circuits will need to be installed, just installation of the new lights. QUESTION FOR STAFF Mr. Tommie asked about the variance height for the canopy. Mr. Curry stated that the plans show eighteen. Mr. Tommie reiterated his question and stated that he would like to know the County code regarding height restrictions. Mr. Curry stated thirty-five. Ms. Barbieri confirmed that the variance request is for the set -back not height restrictions. Mr. Curry stated yes. RESULT: APPROVE MOVER: Board Member Derek Foxx SECONDER: Board Member Alexander Tommie AYES: Derek Foxx, Bob Lowe, Alexander Tommie NAYS: None EXCUSED: None Vice -chair requested that the item be approved with the condition that lighting must be added under canopy. Page 6 of 166 Board of Adjustment Wednesday, June 24, 2020 9:30 AM B. Hribar Residence - Lot 3 Variance Presented by Bethany Grubbs, Planner. Petition of Gary and Sherilyn Hribar for a variance from the minimum lot width requirements of the HIRD (Hutchinson Island Residential) Zoning District as set forth in Section 7.04.01 of the St. Lucie County Land Development Code. The applicants propose a reduction in the required 75' lot width by 5.07' to a minimum width of 69.93' for the subject property in order to construct a single-family residence. Public notices were mailed to properties within 500 feet of the subject property. Twelve mail notice responses were received by The Planning and Development Services Department: two in Favor, and one not in Favor. Nine in favor, two not in favor, one of no opinion. Ms. Barbieri asked Mrs. Grubbs whether she received public comment submitted via email. Mrs. Grubbs stated that she received a public comment regarding Item 6D. STAFF RECOMENTATION Staff recommends denial as the petition does not arise from conditions that are unique and peculiar from the land and physical surroundings, is not required to make reasonable use of the property and is from circumstances created by the actions of the property owners. QUESTIONS FOR STAFF Vice -chair Lowe asked if there are any easements going through the subject property and the property next to it. Mrs. Grubbs stated that there is a 10-foot utility easement located on the front setback of the lots. The property next to it has 10-foot utility easement as well. Mr. Foxx asked if there were comments associate with the written responses. Mrs. Grubbs stated no. Vice -chair Lowe asked about the purpose of the request. Mrs. Grubbs stated the purpose of the request is to build a single-family residence, plans have not been drafted. AGENT/ APPLICANT PRESENTATION Richard Ladyko, with Ladyko Design Group (4400 Bell Grove Drive, Fort Pierce, FL). Building plans are not available yet. Gary Hribar (494 NE Plantation Rd. Stuart, FL). There are plans to build a home one lot, request made by HOA. Vice -chair Lowe asked Ms. Barbieri if a letter from the HOA is required. Ms. Barbieri stated that it is not a standard in the code. Mrs. Grubbs stated that an approval letter from the HOA was provided. Mr. Foxx requested to see the HOA approval letter. The letter was emailed to Mr. Tommie (he was a virtual attendee). Vice -chair Lowe stated that he read the HOA approval letter. RESULT: APPROVE MOVER: Board Member Derek Foxx SECONDER: Board Member Alexander Tommie AYES: Derek Foxx, Bob Lowe, Alexander Tommie NAYS: None EXCUSED: None 5 1 Page 7 of 166 Board of Adjustment Wednesday, June 24, 2020 9:30 AM C. Hribar Residence - Lot 4 Variance Presented by Bethany Grubbs, Planner. Petition of Gary and Sherilyn Hribar for a variance from the minimum lot width requirements of the HIRD (Hutchinson Island Residential) Zoning District as set forth in Section 7.04.01 of the St. Lucie County Land Development Code. The applicants propose a reduction in the required 75' lot width by 5.02' to a minimum width of 69.98' for the subject property in order to construct a single-family residence. Public notices were mailed to properties within 500 feet of the subject property. Twelve mail notice responses were received by The Planning and Development Services Department: Nine in favor, two not in favor, one of no opinion. Vice -chair Lowe commented on the shape of the property and requested to view the aerial of the property. He also stated that the distance between the setback and the road. Located on the Indian River additional 50-ft shoreline protection buffer on the rear end of the property. Vice -chair Lowe asked about the comments associated with the response forms. Bethany stated that there were no comments. The HOA granted approval of the request. AGENT/ APPLICANT PRESENTATION Richard Ladyko, with Ladyko Design Group (4400 Bell Grove Drive, Fort Pierce, FL).He informed the Board and staff that he looks forward to the approval. Gary Hribar, (494 NE Plantation Rd. Stuart, FL) stated that this property has submitted a building permit and all requirements have been met, the additional five feet would be more pleasing to the neighbor and be beneficial to constructing a single-family home. RESULT: APPROVE MOVER: Board Member Derek Foxx SECONDER: Board Member Alexander Tommie AYES: Derek Foxx, Bob Lowe, Alexander Tommie NAYS: None EXCUSED: None D. Logsdon, Debra & Dalton Variance Presented by Bethany Grubbs, Planner. The applicant/s does not own the property, however, they are in the process of purchasing and the owner signed and notarized the affidavit. The applicants are requesting to deviate from the minimum front yard setback requirements, established by St. Lucie County Land Development Code (LDC) Section 7.04.01 (Table 7-10) - Lot Size and Dimensional Requirements, within the AR-1 (Agricultural, Residential —1 du/ac) Zoning District. The applicants propose a reduction in the required 50-foot front setback requirement by 25- feet, respectively, resulting in a front setback of 25-feet to allow for the construction of a one-story, single-family residence. Public notices were mailed to properties within 500 feet of the subject property. Ten mail notice responses were received by The Planning and Development Services Department: seven in favor, three not in favor, zero of no opinion. STAFF RECOMMENDATION Staff recommends approval as the Variance results from a hardship that is unique to the property owner as the circumstances involved in the placement of the single-family Page 8 of 166 Board of Adjustment Wednesday, June 24, 2020 9:30 AM residence on the property are beyond the control of the property owner. Vice -chair Lowe asked if there were any other properties in the neighborhood with approved variances. Mrs. Grubbs stated yes. Vice -chair Lowe asked if there were any easements going through the property. Mrs. Grubbs stated that there is a 25-foot easement —the property owners are not permitted to construct within the easement in the front line of their property as well as a 6-foot utility easement in the rear of the property. The applicant is requesting 25 Y foot set -back, which is permitted. Vice -chair Lowe asked where the property is on septic or well. Mrs. Grubbs confirmed and stated that the applicant would need approval from the health department. APPLICANT PRESENTATION Mr. Dalton Logsdon, 3015 S. 8th Street, Fort Pierce, FL. Seeking the 25 % foot set -back to build a single-family home on a % acre lot (approximately). Well /septic will be requested. QUESTIONS FOR STAFF Vice -chair Lowe stated that well and septic will be approved when during permitting process. Mrs. Grubbs stated that well and septic would have to be approved zoning will receive stamped plans from the health department. Ms. Barbieri clarified with Mrs. Grubbs that the email from Mr. Robert Gorman, objecting to the variance request, have been distributed to the Board. Mrs. Grubbs stated that there were three objections submitted by one person who owns three properties. Mr. Tommie confirmed that he received and reviewed Mr. Gorman's letter objecting the variance request. Mr. Foxx asked Ms. Barbieri if the County has met all the legal requirements to proceed with the variance request. Ms. Barbieri stated yes. Vice -chair Lowe stated that the owner also signed the application. RESULT: APPROVE MOVER: Board Member Derek Foxx SECONDER: Board Member Alexander Tommie AYES: Derek Foxx, Bob Lowe, Alexander Tommie NAYS: None EXCUSED: None E. Bailey Residence Variance Presented by Kris McCrain, Associate Planner. Petition of Darrick Bailey from the minimum lot width requirements of the AR-1 (Agricultural, Residential-1du/ac) Zoning District as set forth in St. Lucie County Land Development Code Section 7.04.01. The applicant is proposing an 18.76' reduction in the required 150' lot width to 131.24' for a single-family residence. Public notices were mailed to properties within 500 feet of the subject property. Five mail notice responses were received: three in favor, one not in favor, one of no opinion. STAFF RECOMMENDATION Staff recommends approval as the petition arises from conditions that are unique and peculiar to the land and physical surroundings, is required to make reasonable use of the property and is from circumstances created by the actions of the property owners. QUESTIONS FOR STAFF Mr. Tommie asked about the mitigation process with South Florida Water Management. There is a wetland on the property, per the environmental impact report. He asked if there have been additional site visits to ensure that there are no Gopher tortoise or wildlife that could impact the mitigation process. Mr. McCrain stated it was initially mitigated in the 80's, however, an additional site visit was done prior to the approval of the Administrative Page 9 of 166 Board of Adjustment Wednesday, June 24, 2020 9:30 AM Wetland Waiver in May. Mr. Tommie asked about whether ERD drafted a final. Mr. McCrain informed Mr. Tommie and Ms. Barbieri that the report can be found within the memo recommending approval. Mr. Tommie asked whether the Cabbage Palms, Oaks and Slash Pines will be removed from the property or remain in their location. Mr. McCrain stated that proposed location for the construction of the home would reduce the impact to the trees towards the rear of the property, there is also 15-foot buffer easement on the site in the rear of the property. The ERD report was emailed to MR. Tommie for easy accessibility. RESULT: APPROVE MOVER: Board Member Derek Foxx SECONDER: Board Member Alexander Tommie AYES: Derek Foxx, Bob Lowe, Alexander Tommie NAYS: None EXCUSED: None 7. OTHER BUSINESS Vice -chair stated that he would like to hold the Election of Officials during the next Board of Adjustment Meeting. Mr. Foxx stated that he may not attend the next meeting. Vice -chair Lowe asked Mr. Barbieri if Commissioner Dzadovsky would appoint his new board member by the next meeting. Ms. Barbeiri informed vice -chair Lowe that she does not know, however, Mr. Foxx could attend via telecommunications options. Mr. Tommie asked if the Election of Officials could take place today. Ms. Barbieri informed Mr. Tommie that it could be done because there is a quorum, however, it should be postponed as there were two members were not at the meeting and the vacant position has not been filled yet. 8. ANNOUNCEMENTS None. 9. ADJOURN The meeting was adjourned by the vice -chair Lowe at 11:00 AM. 8 1 II:� L„ Page 10 of 166 S51�o' L U C AGENDA REQUEST TO: Board of Adjustment PRESENTED BY: Bethany Grubbs, Planner SUBMITTED BY: Planning & Development Services SUBJECT: Oceanglass Residences & Marina BACKGROUND: ITEM NO. (ID # 2020-50059) DATE: 8/26/2020 RES NO: BOA-2020-007 Public Hearing of Igal Zakhodin's application for a Variance from the provisions of Section 4.01.04 (Hutchinson Island Height Limitations — Zone B) of the St. Lucie County Land Development Code to allow a twenty-nine (29) unit townhome development, to be known as Oceanglass PUD, to exceed the maximum thirty-five (35) foot building height requirement by seven (7) feet, for a maximum building height of forty-two (42) feet within the PUD (Planned Unit Development) Zoning District. PREVIOUS ACTION: On June 20, 2006, the Board of County Commissioners granted rezoning approval, through Res. 06-155, from HIRD to PUD and Final PUD Site Plan approval for a project to be known as Tailers Cove, consisting of 24 dwelling units in 11 buildings and granting a variance, allowing for an encroachment of 10 to 25 feet into the required 50-foot Indian River Lagoon shoreline setback area in specific areas. RECOMMENDATION: Staff recommends denial of the requested as it does not conform to a strict interpretation of the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Page 11 of 166 Coordination/Signatures Date: August 20, 2020 Benjamin Balcer, Planning & Development Services Assistant Director Date: August 20, 2020 Katherine Barbieri, Assistant County Attorney III Page 12 of 166 BOARD OF ADJUSTMENT M EMORANDIJM TO: Board of Adjustment THROUGH: Linda Pendarvis, Planning Manager Kori Benton, AICP, Assistant Planning Manager FROM: Bethany Grubbs, Planner DATE: August 17, 2020 SUBJECT: Petition of Igal Zakhodin, for a project to be known as OceanGlass PUD, requesting a Variance from the provisions of St. Lucie County Land Development Code Section 4.01.04 (Hutchinson Island Height Limitations — Zone B), to allow a twenty-nine (29) unit townhome development to exceed the maximum thirty-five (35) foot building height requirement by seven (7) feet. ITEM NO.: 2020-50059 AGENDA 6.A. NO.. Applicant: Igal Zakhodin Seaglass Ocean Drive Development, LLC 3996 194' Lane Sunny Isles, FL 33160 Agent: Dennis Murphy Culpepper & Terpening, Inc. 2980 South 25" Street Fort Pierce, FL 34981 Location: 10101-10151 South Ocean Drive Jensen Beach, FL 34957 Parcel ID Number: 4502-801-0008-000-8 Parcel Size: 14.39-acres (Overall Site) 11.21-acres (above Mean High Water) & 3.18-acre (below Mean High Water) Zoning District: PUD (Planned Unit Development) Future Land Use: RU (Residential, Urban) CPUB (Conservation Public) Purpose: The purpose of this Variance is to exceed the maximum thirty-five (35) foot building height requirement by seven (7) feet. Existing Use: Vacant Utilities: FPUA Water; SLCU Wastewater Page 13 of 166 Board of Adjustment Staff Report OceanGlass Residences & Marina Variance (BA-5202025750) August 17, 2020 BACKGROUND: The subject 14.39-acre vacant property is located on South Hutchinson Island, approximately 1.15-miles north of the Martin County line, west of South Ocean Drive (SR AlA) across from the existing Atlantis Condominium development. This area lies within the Hutchinson Island Overlay Zone, which regulates building height to ensure that development in the coastal area is compatible with the physical environmental characteristics. St. Lucie County Land Development Code (LDC) Section 4.01.04 - Hutchinson Island Height Limitations which limits building height on this subject property, within Height Zone B, to 35 feet. The petitioner is requesting a Variance to construct a three-story, over a garage, twenty-nine (29) unit townhome development. LDC Section 10.01.03 - Limitations on Granting Variances provides that no building shall have an excess height 120% of the permitted height, limiting the maximum height eligible via a variance as 42 feet, no more than seven (7) additional feet in Zone B. LDC Section 2.00.00 defines Building Height as "The vertical distance between the minimum finished grade and the highest finished main roof surface in the case of flat roofs or shed roofs, the deck line of a mansard roof and the average distance between the eaves and the ridge of sloped roof'withpitch greater than a 4J2 ratio. For the purposes of this Code, minimum finished grade shall be that elevation, for both residential and nonresidential uses, required to meet minimum flood protections." FIGURE 2.11 BUILDING H IGH7 EXAMPLES GABLE/HIP ROOF DESIGN MANSARD ROOF' DESIGN Maa�law a� ., a4WC! ny,R'uti!: fl� " _ JI Kuu cHS Y�oN�.^,v "1 Q a v 8UIL (lhIt".k BUILDING HEIGHT HEIGHT W" XAkW,V14WJlV V•IIWU�N�%F'iCa {YFiAJJS. dS;W#Iltl#AY.YMR IM1- X.@MW11. 'Y�0 BXP°WM# 1114PM�Fk ^M + Pry A.MdpCMM �" fly` WA1" BUILDING H . ........................................................�..,..w.".w.".w.".w.".w.".w.".w.,..w.,..w.,..w.,..w.,..w.,.. .�,.,.,.,.,.,.,,.,.. M:PoNb9&kMLAW WtlWWCWY fIGHM' tlGY,.,.,.,.,.,.,.,w.. O GRAM. SHED tFL T ROOF DESIGN Building height is calculated from the base flood elevation established by the Federal Emergency Management Agency (FEMA), which for this property is 5 feet (AE-5), plus an additional 1 foot. This determines that the required minimum finished floor elevation for this development is 6 feet. The applicant is requesting the maximum 7 foot variance limited by the LDC, seeping the maximum height eligible by a variance of 42 feet due to the variabilities in the site's final grading required to meet flood protection and provide design flexibility, Page 14 of 166 Board of Adjustment Staff Report OceanGlass Residences & Marina Variance (BA-5202025750) August 17, 2020 Prior Approval On June 20, 2006, the Board of County Commissioners granted rezoning, through Resolution 06-155, from HIRD to PUD and a Final PUD Site Plan for a project to be known as Tailers' Cove, consisting of 24 dwelling units in 11 buildings and granting a 10 to 25 feet encroachment into the required 50-foot Indian River Lagoon shoreline setback area in specific areas in accordance with LDC Section 10.01.30. Site infrastructure construction commenced in 2007-2008 but subsequently stopped in 2008-2009 due to market conditions. These construction activities included the site's stormwater system that served to 'vest' the PUD Site Plan approval. Current Development Proposal The applicant has a pending PUD Site Plan Adjustment, with the Development Review Committee (DRC), to increase the gross density from twenty-four (24) units to twenty-nine (29) units, and to reconfigure the multi- family arrangements on the site to a series of two-family, five -family, and six -family residential structures. Variance Request The purpose of this Variance is to grant a maximum building height of 42 feet, where LDC Section 4.01.04 Hutchinson Island Overlay — Zone B limits the maximum building height to 35 feet above minimum base flood elevation. The applicant's narrative states that the requested relief will allow for the construction of the proposed three (3) story townhome residences while elevating the units high enough to keep all living and mechanical areas outside of any potential flood hazard area. The lower 2.25 feet (more or less) of each unit will likely be located below the base flood elevation (there will be no habitable space below the minimum base flood elevation). As depicted on the architectural elevations, the proposed townhome units are three (3) living floors over a garage. Each unit will have an interior elevator and stairs. Additionally, each unit will have a rooftop deck for private use. Without encompassing overall height to the roofline, the following floor plan is proposed as follows: • Garage: 8-feet • First Floor: 10/11-feet (actual height varies due to structural beam location requirements) • Second Floor: 9-feet (with floor thickness being approximately 1-foot) • Third Floor: 9-feet (with floor thickness being approximately 1-foot) STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a variance from the St. Lucie County Land Development Code, the Board of Adjustment shall consider and make the following determinations: 1. The variance requested arises from conditions that are unique and peculiar to the land, structures, and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee, Page 15 of 166 Board of Adjustment Staff Report OceanGlass Residences & Marina Variance (BA-5202025750) August 17, 2020 or occupant, as distinguished from a mere inconvenience, if the Provisions of Chapter 7 are literally enforced; that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Chapter 7, of this Code, and not by an action or actions of the property owner or the applicant. The variance does not arise from conditions that are unique and peculiar to the land, structures, or buildings involved. The subject property has similar buildable area as the adjacent properties. The request is the result of the desire of the property owner to construct a three-story over garage townhome development that exceeds the maximum building height. The variance to increase the height is created by the actions of the property owner. It would be possible to build the project, through alternative design, to not exceed the maximum height limitations. The applicant has not sufficiently demonstrated that the unique conditions of the property have caused unnecessary hardship as distinguished from a mere inconvenience. The applicant's narrative argues that due to environmental limitations, additional horizontal development is not an option, and dictates that to have any effective use of the property they need to develop vertically with the development plan. The creation of additional townhome units, above that approved in 2006, does not justify conditions that result in an unnecessary hardship. 2. The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The granting of the requested variance is neither expected to harm other property or improvements in the neighborhood, nor is it expected to impair an adequate supply of light or air to the adjacent public streets, increase the danger of fire, or endanger the public safety. The proposed townhome buildings could be designed in a manner that complies with the 35 foot maximum building height. The proposed architectural building design is similar to other religious facilities constructed in St. Lucie County. Adjacent Properties Location Future Land Use Zoning District Existing Land Use RU (Residential, Urban) CPUB HIRD (Hutchinson Island Undeveloped- Atlantis North (Conservation Public) Residential District) CPUB Condominium Boat (Conservation Public) Storage; County Conservation Land Adjacent South RU (Residential, Urban) HIRD (Hutchinson Island Tradewinds Condominium Parcels Residential District East RM (Residential, Medium) HIRD (Hutchinson Island Atlantis Condominium Residential District N/A N/A Indian River Lagoon West 3. The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structures. The requested variance is not needed to make possible the reasonable use of the land. The proposed development has greater lot coverage by buildings (37,750 s.£) than the previously approved project (31,102 s.f.). Furthermore, the applicant is proposing to increase the overall floor area ratio (FAR) by Page 16 of 166 Board of Adjustment Staff Report OceanGlass Residences & Marina Variance (BA-5202025750) August 17, 2020 increasing the height of the units to add a third -story. It is the action of the property owner to increase the height of the structures. The development was previously approved at a height which conformed to Code and did not require a variance to exceed the allowable height of buildings within the Hutchinson Island — Building Height Overlay Zone B.; therefore, the project can be re -designed and still accommodate the proposed density by merely decreasing the height of the townhome units. 4. The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The requested deviation from the 35 foot maximum building height is not entirely in conflict with the Land Development Code, as it does allow variances to be requested up to a maximum building height of 42 feet. Plan. However, the proposed development areas do not respect the restrictions of wetland and preservation policies and the upland buffering policies outlined in the Comprehensive Plan. The Site Plan was previously granted a Wetland Waiver to impact required wetland buffers. The concurrent Site Plan modification retains these impacts, in addition to proposing an increased building maximum building height and an increase of density. RECOMMENDATION: Staff has reviewed this petition and determined the proposed Variance does not arise from conditions that are unique and does not qualify as a hardship as defined in the St. Lucie County Land Development Code. The petition does not conform to a strict interpretation of the standards of review set forth in LDC Section 10.0 1.02; therefore, Staff recommends denial. Page 17 of 166 Board of Adjustment Staff Report OceanGlass Residences & Marina Variance (BA-5202025750) August 17, 2020 Suggested motion to recommend approval/denial of this requested variance. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF IGAL ZAKHODIN FOR A VARIANCE TO EXCEED THE MAXIMUM THRITY-FIVE (35) FOOR BUILDING HEIGHT REQUIREMENT BY SEVEN (7) FEET, WITHIN THE HUTCHINSON ISLAND OVERLAY ZONE — ZONE B, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF IGAL ZAKHODIN FOR A VARIANCE TO EXCEED THE MAXIMUM THRITY-FIVE (35) FOOR BUILDING HEIGHT REQUIREMENT BY SEVEN (7) FEET, WITHIN THE THE HUTCHINSON ISLAND OVERLAY ZONE — ZONE B, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC) 6 Page 18 of 166 Planning & Development Services Department Planning Division 23O0Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-482'2822—Fax: 772-4S2'1581 http://www.at|ucioco.org/p|mnning/p|gnning.htm Prior iosubmittal, all applications require opre-application conference. Please contact the Planning Division to schedule an appointment Site Plan [--1 Major Site Plan Minor Site Plan F--1 Major Adjustment toMajor Site Plan F—� Major Adjustment to Minor Site Plan Major Adjustment VmPUD/PNRD/PK4UD Minor Adjustment <nMajor Site Plan [--� Minor Adjustment toMinor Site Plan Minor Adjustment VuPUCVPNR[VPK4UD Planned Deve|oornenk [--� Planned Town orVillage (PTV) Planned Country Subdivision (PCS) [--� Planned Retail Workplace (PRN) �--1 Prelim. Planned Unit Develop. (PUD) Prelim. Planned Mixed Use Develop. (PMUD) �--1 Prelim. Planned Non -Res. Dave|op.(PNRD) [--� Final Planned Unit Develop. (PUD) F--� Final Planned Mixed Use Develop. (PK8UD) [--1 Final Planned Non-Rmn.Develop. (PNR[) Conditional Use m �] Conditional Use Major Adjustment kzm Conditional Use [--- Minor Adjustment 0oaConditional Use Van;ance(2) F--1 Administrative Variance Variance [--� Variance tnCoastal Setback Line Rezoning(3) [—� Rezoning (straight rezoning) Rezoning (includes PUDAPNRD/PMU[) Rezoning with Plan Amendment Commorehensive. Plan Amendment m Future Land Use Map Change �--1 Comprehensive Plan Text Amendment Other F---| Administrative Relief Class Mobile Homo (n) �--1 Developer Agreement (Submit per LDC11,O8.03) F--� Power Generation Plants [--1 Extension hoDevelopment Order F--1 Historical Designation/Change (W) [--� Land Development Code Text Amendment (q Plat Post Development Order Change �--� Re -Submittal # (8) �--1 Shoreline Variance Stewardships —Sending/Receiving [--1 Telecom Tower (Submit per LDC71D.23) [--1 Transfer ofDevelopment Rights [--� Waiver tnLDC/Comp Plan Requirements (o) F--� Appeal of Decision by Administrative Official <in> Application Supplement Packages 1 . Conditional Use 6. 1 Historical Designation/Change 9. Appeal of Decision by Administrative Official 2, Variance 7. LDC Text Amendment 3. Rezoning / Zoning Atlas Amend. 8. Re- Submittal 10. Eminent Domain Waiver 4. Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan Requirements 5. Class A Mobile Home Refer toFee LSchedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised May O.oO13 Page 19 of 166 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: Variance - OceanGlass Residences & Marina Supplemental Application Package No.: 2 (Please provide separate fee calculation worksheet for each application type) BASE REVIEW FEE: $ 850 (A) CONCURRENCYFEE: $ (B) ERD REVIEW FEE: $ (C) UTILITIES: $ PER ACREAGE CHARGE: $ (D) F1 RESUBMITTAL FEE: (if applicable) $ (E) 11 OTHER $ SUBTOTAL OF BASIC FEES: 850 PRE -APPLICATION MEETING FEE: (F) $ 0) deduction Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $ 850 SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code $950.00 — Methodology Meeting (H) (If Applicable) 11 Additional fees will be due if a 3rd party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3rd party. I-,) Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". 11 Other fees may be applicable by other external reviewing agencies; ie. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting Request f!1CANMWA.%C ?4rA--_uc=% A MAUWAr w S Applicant Name (Printed) Signature of Applicant (For office use only) INTAKE REVIEWER - SIGNATURE DATE VERIFIED BY - SIGNATURE DATE File Number: Receipt Number: Page 2 of 6 Revised May 14, 2015 Page 20 of 166 Submittal Requirements The following checklist is provided as a reminder. All Submittals MUST be in complete folded and collated sets. All applications must include the following: Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) [�l Aerial Photograph —pmpartymutl|ned Property Deed [\�| Legal description, inW1SWord format, ofsubject property ^ [>"�| PnopertyTaxKOap—propertyouUined Survey 2CDs of all documents submitted - with files named according tothe Required Naming List. (attaohed) [--1 Cnnourrenny Deferral Affidavit or, [--1 Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LOC Section 5.08.02). This will require o Transportation Assessment or o full Traffic Impact Report. if applicable. �—1 Site Plan 24"x3K6" edescale of1^=5[Y (12 copies- folded, not rolled) | | Boundary Survey — Signed and Sealed (12originals) F--1 Topographic Survey — Signed and Sealed (12originals) | | Landscape Plan — Signed and Sealed (13originals) �--� Traffic impact Report (T|R) (4C0pi8m) if: *5U+residential units * Development on N. orS. Hutchinson |e|ond mNon-residential (see LDCSection 11.02.09(4)) Environmental Impact Report (4 copies) if: (See LDCSection 11.02.09(5)) oThe property katen acres orgreater o The propedy, regardless of size, contains a wetland; oThe property isidentified nnthe "Native Habitat Inventory for SLC^; •The proposed development is |000bod in who|a, or part, within the One Hundred Year Flood Plain; • Development on N. orS. Hutchinson Island Development Order Extension Applications only require the following: | | Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) | | Updated Traffic Analysis ifapplicable (4copies) Approved Resolution or GM Order �—� Main Application and back upmaterial | | Approved Site Plan and copy ofapproved Development Order | | Plat - Include extra copies ofPlat for applicable conditions ufapproval Four (4) Original Mylars are due following final staff review. *Please note: Only e surveyor, attumey, or title agent is authorized to provide m |oge| description. The legal description provided on the property appraiser's webai0e is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it will invalidate the results of any hearing(s). Page aofs Revised May 14.oU1s Page 21 of 166 Project Information: Project Name: OceanGlass Residencies & Marina Site Address: South A-1 -A (South Ocean Drive), Jensen Beach (St. Lucie County), Fla. Parcel ID Number(s): 4502-801-0008-000/8 K xx ',"XX X X I, "', :c ";� r' Legal Description: (Attach additional sheets if necessary - also must be provided in IVIS Word format on CD) Property Location — Section/Township/Range: Property Size — Acres: 14.39 Future Land Use Designation: Zoning District: SEEMMUSM 02/37S/41 E Square Footage: RU (Residential Urban) Seeking a variance to the restrictions of Section 4.01.04, of the St. Lucie County Land Development Code, permitting a maximum building height of 42 feet, in a 35 foot height limited zoned (Hutchinson island Building Heights Zone B). See attached justification statements. sheets if necessary) Commercial Total Square Footage: Existing Proposed Industrial Total Square Footage: Existing Proposed Residential No. of Residential Units Existing Proposed 29 No. of Subdivided Lots Existing Proposed 29 (residences only) Other Specify Number and size of out parcels (if applicable): Page 4 of 6 Revised May 14, 2015 Page 22 of 166 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. Applicant Information (Property Developer): Business Name: OceanGlass Residencies & Marina Name: Igal Zakhodin Address (please use an c/o Ecologics Development, LLC address that can accept 3996 194' Lane overnight packages) Sunny Isles, FL 33160 Phone: Fax: E-Mail: igal@ecologicsgroup.com Applicant Information (Agent): Business Name: Culpepper & Terpening, Inc. Name: Attn: D. Murphy 2980 South 25th Street Address (please use an address that can accept Ft. Pierce, Florida 34981 overnight packages) — Phone: 772-464-3537 Fax: 722-464-9497 E-Mail: dmurpl)y@ct-,nR.com . Lg_ Please note: both applicant and agent will receive all official correspondence on this project. This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application tffraVb�-rovar. The property owner's signature below shall also serve as authorization for the v above applic 7gent to ct on behalf of said property owner. oc4j'y-) 1��,rorerty Owner -Signature Property Owner Name (Printed) Mailing Address: 'Y16 1 Ae Phone: A56-3SIVO z, ,- ,VW 3e,& o - If more than one owner, please submit additional pages STATE OF: oy" ri, N COUNTY OF: A ll\0(1 The foregoing instrument was acknowledged before me this day of 20, by m y1v Ir\ who is pe&nally knotto e ck whqlhas produced ­V-1, as identification. Signature of Notary Page 5 of 6 Revised May 14, 2015 Commission Number (Seal) Type or Print Name of Notary I'V A"JAr"y Amow� I p If "AN ql1� 12/V`0 ICI Page 23 of 166 OCEANGLASS RESIDENCIES & MARINA PUD Legal Description portion of - North 400 feet of - South one of • -rnment Lot 5, in Section Township 37 South, Range 41 East, lying West of State Road A-1-A (North Ocean Drive) and also described as folloivs: The North 400 feet of Parcel G, lying West of State Road A-1-A (North Ocean Drive), F.E. Englar's Plat of r • • to the map or plat thereof Records of - County,• • Page 24 of 166 CULPEPPER&TERPEN/NG.INC. CONSULTING ENGINEERS I LAND SURVEYORS File number o*x400n Writers e-mxo:umum»v@ct-eou.mm May 10,20O K45Leslie Olson, A|CP Director St. Lucie County Planning and Development Services Department 23OOVirginia Avenue Ft, Pierce, Florida 34982 Subject: OceanGlass Residences & Marina — Building Height Variance request Dear Ms. Olson: On behalf of our client, Seaglass Ocean Drive Development LLC, enclosed please find an application for Variance from the provisions of Section 4.0I.04 of the 6t. Lucie County Land Development Code addressing building heights onoSouth Hutchinson Island. More specifically, weare requesting through this application, that St. Lucie County grant to us a seven (7)foot variance from the building height restrictions applicable to those properties located inBuilding Height Zone 8,ofthe Hutchinson Island Building Height Overlay Area, The OceanG|aus PUD residential community (formerly referred toasthe OceanG|os PUD) is to be 29 unit, townhome development that will be located along the west side of SRA,1-A\ opposite the existing Atlantis condominium community. Previously the site was approved by the St. Lucie County as the Taylors Cove PUD, and construction of base site infrastructure was commences in the 2007-2008 time period. Construction was subsequently stopped in the 2008-2009 time period due to loss of market conditions, Atthe time ofinitial site construction activities, the sites backbone stormvvaternystem was completed, which served under County regulations, to 'vest' the base development approval/ authorizations for this project site. This project site is currently the subject ofa Major Site Plan/ PUD adjustment to account for several base changes tothe project site plan. Attached are typical cross -sections of the buildings to be constructed in this community. Essentially, these units are three (3) living floors over garage. Each unit will have an interior elevator, in addition to interior stairs. Each unit will have a rooftop deck for the owner's private use. The lower Z.25feet (more o, less) of each unit will likely be located below the base flood elevation. There will be no habitable spaces in this area and all areas below the minimum base flood elevation will be flood proofed in accord with applicable codes and standards, All mechanical and electrical will be above the minimum base flood elevation, unless otherwise addressed inthe building permit application process. The existing 36[ootheight restriction woukjnormo|lyprovideforuthreestory/foorbuiNing. These proposed buildings are three (3) floors each. As indicated on the attached typical section for these buildings, each of the proposed buildings is to be three eLoh*s tall with a rooftop recreation area. Floor heights are; Ofeet for the garage; 11/10 feet for the first floor (actual height varies due to structural beam location and requirements); nine (9) foot floors on next two level and with floor thicknesses being approximately one (1) foot (except for the beams as noted in the typical sections). Measuring from the expected base flood elevation for this property, the maximum building height of each unit will in the area of39feet (round x LEGACY OF EXPERTISE AND cxccuswcs 2980 aourx csrn amcsr I pr p/snos, pl- 34981 / (r/u) *s^'uoor 1 pxx: (r/u) e4'9*e7 Subject: oco,mslaaResidences & Marina — Building Height v^nonre May u\2020 Page 2 numbers). However, due to varieties in the sites final grading required to meet flood protection and positive drainage considerations, that actual heights of the individual units could vary by up to an additional 12 inches. If granted, the requested relief, permitting a maximum building height of 42 feet will allow for the construction of these proposed three (3) story residences, and still have the units elevated high enough to keep all living and mechanical areas outside ofany potential flood hazard area. Please look over the attached application materials and if there are any questions, please do not hesitate to let me now. Thank you, and we look forward to our presentation before the Board of Adjustment. Sincerely, CULPEPPER8kTERPEN|NG,INC. Dennis ].Murphy Principal Planner 0JM e18-140.OU2_20}51O_u|uplan, UO0.u|aon.variance application uubmiooiondocx Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details �. |(we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is The purpose of this requested variance, to Section 4.01.04 of the St. Lucie County Land Development Code, is to seek approvals for a maximum building height of approximately 42 feet above the minimum required flood elevation, for certain properties located along the west aide of State Road A,1'A, in a building height zone otherwise restricted to maximum of 35 feet above minimum base flood elevation. 2. What is the purpose ufthe proposed variance and the intended development mfthe subject property if the variance is granted: The purpose of this requested variance, to Section 4.01.84 of the St. Lucie County Land Development Code, is to seek approvals fora maximum building height of approximately 42 feet above minimum required flood elevation, for certain properties located along the west side of State Road A,I-A\ in a building height zone otherwise restricted to maximum 35 feet above minimum base flood elevation. The OceanGlass PUD residential community is to be 29 unit, townhome development that will be located along the west side of 5R A,1-A\ opposite the existing Atlantis condominium community. Previously the site was approved by the St. Lucie County asthe Taylors Cove PUD, and construction of base site infrastructure was commences in the 2007-2008 time period. Construction was subsequently stopped in the 2008-2009time period due to loss ofmarket conditions. Atthe time of initial site construction activities, the sites backbone sturmwaiersystem was completed, which served under County regulations, to 'vest' the base development approval/ authorizations for this project site. This project site is currently the subject o[a Major Site Plan/ PUD adjustment toaccount for several base changes tothe project site plan. Attached are typical cues -sections of the buildings to be constructed in this community. Essentially, these units are three (3)living floors over agarage. Each unit will have aninterior elevator, inaddition to interior stairs. Each unit will have a rooftop deck for the owner's private use. The lower 2.25 feet (more or less) of each unit will likely be located below the base flood elevation. There will be no habitable spaces in this area and all areas below the minimum base flood elevation will be flood proofed in accord with applicable codes and standards. All mechanical and electrical will beabove the minimum base flood elevation, unless otherwise addressed in the building permit application process. The existing 35-foot height restriction would normally provide for a three story/floor building. These proposed buildings are three (3)f|000 each. As indicated on the attached typical section for these buildings, each of the proposed buildings is to be three stories tall with a rooftop recreation area. Floor heights are; Q feet for the garage; 11/10 feet for the first floor (actual height varies due to structural beam location and requirements); nine (9) foot floors on next two level and with floor thicknesses being approximately one (1) foot (except for the beams as noted in the typical sections). Measuring from the expected base flood elevation for this property, the maximum building height of each unit will in the area of39 feet (round numbers). However, due to varieties in the sites final Page 27 of 166 grading required to meet flood protection and positive drainage considerations, that actual heights of the individual units could vary byuptuanadditional 12inches. |fgranted, the requested re|ief, permitting a maximum building height of42 feet will allow for the construction of these proposed three (3) story residences, and still have the units elevated high enough to keep all living and mechanical areas outside of any potential flood hazard area. 1 State the specific hardship imposed on the owner by the LDC? Applying the existing base code requirement of3S feet limits the building heights for these structures so that a third floor is not a possibility. The base property while 11.2 acres in area above mean high-water, has only an effective building (use) area of approximately 3 acres and taking into account the needs to provide for site stormwater treatment; access and internal circulation; parking (driveways); utility alignments and locations in a serviceable way, and general site open spaces, the only way to effectively make use of the site density (maximum 41 units) is for the individual units to vertical. Going vertical with our floor space, when accounting for flood and drainage considerations, requires that we seek relief through the Board of Adjustment to grant us partial relief to the Building Height restrictions of the designated Height Zone B, as described in Section 4.81.04 of the Cnunt/s Land Development, in order to exercise the same basic ability ofaproperty not sootherwise restricted inthe Zone Qenvironment. 4. State reasons why this hardship bunique to the owner and why other property similarly situated does not suffer from the same hardship. The requested variance will permit the development of three (]) story unit in the property, which is an option to other homes (properties) located in this area. As noted above the finished height of the individual units will not likely exceed 99feet above minimum base flood elevation (However we are seeking maximum option inorder toensure final design f|exibi|by). This represents anincrease ofjust 11% over the regulated maximum building height, and is under the Code mandated herd cap ofJO% maximum relief. Nothing prevents a property under like conditions from seeking the same requested relief option has found in this application should their particular conditions warrant such considerations. Receipt of the requested relief will not create an absolute precedent for any future applicant for such relief. Each application for relief would be expected to stand on its own merits. 5. State reasons why this variance will not beinjurious to other property and/or improvements in the neighborhood |nwhich the subject property imlocated. The applicant does not believe that the granting of the requested relief will be injurious to other property owners in the area. The closest units (along the south side of the property) are approximately 35-feet (20 foot on the applicant property and 15 feet on the adjacent site (King Nep(une's Estates)) from each other. adjacent properties are located Page 28 of 166 SLIPPLEMENT2 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values |nthe neighborhood inwhich the subject property |slocated. The granting of the requested variance does not provide for any increase in residential units not otherwise addressed or permitted on this property as depicted in the County's Comprehensive Plan. The granting oftherequesUedvahancewiUno1increasethedangerofhoetneithertheadiucertnmtivo eco-systems or the units themselves. All dwelling unit construction will be in accord with applicable fire codes and standards. The granting oftherequestedvahanoeisnc8axpectediohaveanyimpoinnentuponpnopertyva|uesin the adjacent neighborhood as the uses of the property will be/remain residential, consistent with the property tothe east and south ofthe petition site. 7. State vuhV this variance is the minimum variance that will make possible a reasonable use of the land, building and structures, As noted above, the finished height of the individual units will not likely exceed 39 feet above minimum base flood elevation (However we are seeking maximum option in order to ensure final design flexibility). This represents an increase of just 11& over the regulated maximum building height, and isunder the Code mandated hard cap of20%maximum relief. 8. Explain how this proposed variance imconsistent with the general spiritofthe LDC and the St. Lucie County Comprehensive Plan The requested relief, to provide for buildings in this Planned Unit Development that will be slightly in excess of the otherwise restrictive elevations in height 78 is not in conflict with any policy or objective ofthe [ounty's Comprehensive Plan, The proposed development areas on the property, respect the restrictions of the Plans wetland and preservation policies and the upland buffering policies. The proposed site usage for infrastructure development respects the policies of the comprehensive plan. The remaining developable land, after limitations for both environmental and physical aspects is take in into consideration, limits the options for horizontal development and dictates that to have any effective use of the property we need to go vertical with the development plan. The requested variance will permit the development of a three (3) story unit in the property, which is anoption toother homes (properties)located inthis area. As noted above,the finished height ofthe individual units will not likely exceed 39feet above minimum base flood elevation (However we are seeking maximum option inorder toensure final design flexibility). This represents an increase ofjust 1196 over the regulated maximum building height, and is under the Code mandated hard cap of20% maximum relief. 9. Is this variance request located within aHomeowners orProperty Owners Association? Page 29 of 166 41MUCTITUM Mo 1M For any variance request within an area that has a Homeowners or Property Owners Association, letter from that Association is required stating their position regarding the variance request. Name of Association: n/a Is there a letter from that association attached? Yes: M • Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. • Per LDC Section 10.01.04(A)(7) If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. • Except for non-residential accessory structures in AG-1, AG-2.5 and AG-5, if the application is for 100% variance from the road frontage requirements, proof of recorded legal access shall be furnished with the application. • I (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the public hearing. Applicant or Agent Name (Printed) Signature Page 30 of 166 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 4617934 OR BOOK 4322 PAGE 164, Recorded 09/20/2019 12:49:14 PM Doc Tax: $12600.00 Prepared by and return to: Andrew E. Feldman Clear Title•Scrviccs, Inc. 1111 Kane Concourse Suite 209 Bay Harbor Islands, FL 33154 305-865-5718 File Number: 19-0492 Ecologi Will Call No,: Above This tine For Recording This Warranty Deed made this 16 day of September, 2019 between Tailers' Cove Development, LLC, it Florida limited liability company whose post __ ' st office address is 274 Big Brown Dr., Austin, TX 78737, grantor, and SEAGLASS OCEAN DRIVE DEVELOPMENT LLC, a Florida limited liability company whose post office address is I III Katie Concourse, Suite 209, Bay Harbor Islands, FL 33154, grantee: (Whenever used herein the terms"grantor" and "grantee" iticitwe all the parties to this histrament and the heirs, legal relmseiiialives, and iissigas of individuals, and the successors and assigns ol'corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration Of tile stun of TEN AND NO/100 DOLLA16 ($10.00) and other good and valuable considerations to said grantor in hand paid by said and being in Saint Lucie County, grantee, the receipt whereof is hereby ackleged, has granted, bargained, and sold to file said Orantec, and grantee's heirs and assigns forever, the following describednowdkcind, situate, lying 1. rity, Florida to wit: That Portion of the North 400 feet of the South One-half (S 1/2) of Government Lot 5, in Section 2, Township 37 South, Range 41 East, lying West of State Road A-l-A (North Ocean Drive) and also described as follows: Tile North 400 feet of Parcel G, lying West of State Road A -]-A (North Ocean Drive), F.E. Englars Plat Of Survey, according to the map or plat thereof as recorded in Plat Book 7, Page 13, Public Records or St. Lucie County, Florida, Together With all of Grantor's rights, title and interest in and to that certain casement created by that certain Deed of Easement dated July 17, 2003, recorded in O.R. 1759, Page 2357, Public Records of St. Lucie County, Florida, by and between Claridge 11 Development Company, a Florida corporation, and Hutchinson Island Properties, Ltd., a Florida limited liability partnership, as more fully described in the Deed of Easement. Parcel Identification Number: 4502-801-0008-000/8 SUBJECT TO: 1) Taxes for the year 2019 and subsequent years and all applicable zoning ordinances and governmental regulations; 2) Conditions, restrictions, limitations, and easements of record, if any, but without the intention of reimposing same. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in tee simple forever. DoubleTime,& OR BOOK 4322 PAGE 165 And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good tight and lawful authority to sell and convey said land; that the gmrantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whosoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2018. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: -4W Witne Name; fitness Name:AT .1__�.�._va �7� State of texas County ofComal Tailers' Cove Development LLC, a Florida limited liability camp• � ,�� thy: , �, _lna�t t . tanJase 13eri udez, Manager The foregoing instrument was acknowledged before nic this % day of September, 2019 by Juan Jose 13er•nurdez, Manager of Tailers' Cove Development LLC, a Florida limited liability company, on behalf of tile limited liability company. Ile/she [_] is personally known to me or [XI has produced a driver's license as identification. [Notary Seal] PEOGYHOPMNS . r My Notary ID # 30t�122 Expires August 9, 2022 Notary P Printed Name; My Commission lxpires: If%urrunh Deed - Page 2 DoubleTimep OCEANGLASS RESIDENCIES & MARINA PUD Legal Description portion of - North 400 feet of - South one of • -rnment Lot 5, in Section Township 37 South, Range 41 East, lying West of State Road A-1-A (North Ocean Drive) and also described as folloivs: The North 400 feet of Parcel G, lying West of State Road A-1-A (North Ocean Drive), F.E. Englar's Plat of r • • to the map or plat thereof Records of - County,• • Page 33 of 166 110-11 LU u i H 2 LU 2 J 0 LL Z LL _J LLl u wI Z J O 0 J LL 0 1 N � M LL I I J LU I � u w J 0 0 LL- 0 Z 0 u LLw Ln I „7/ � 6 -SE „0-111 w a a 0 a 0 I i 0 � wiw LL Z L, Z LL. LU w z Iw V J V I � O W z O I LL LL N p N O I is 1 I%i 37/�6-SE L. �,0 LU _z J LL. 0 0 olf n I& LLI z J LL 0 0 v „0 - 101 w ;T _z J V- LL. cV 0 ' v. 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W � Mc- d pp w Co Z � Z Cp t o O ia- Z m LL- N {� -74 91. 06 ��� S& �,� d Public Hearing Date: Wednesday, August 26, 2020 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL. 34982 Meeting Time: 9:30 AM (or soon thereafter) ApplicantlProperty Owner Igal Zakhodin Seaglass Ocean Drive Development, LLC 3996 194th Lane Sunny Isles, FL 33160 Agent Dennis Murphy Culpepper Terpening, Inc. 2980 South 25th Street Fort Pierce, FL 34981 Proiect Location 10101-10151 South Ocean Drive Jensen Beach, FL 34957 Future Land Use RU (Residential, Urban) & R/C (Residential/Conservation) Zoning District PUD (Planned Unit Development) Location k — ------ Public Hearing Notice Notice of Proposed Variance Request You are receiving this notice because you are a property owner within 500 feet of the proposed petition. Proiect Description The petitioner has requested a variance from the provisions of Section 4.01.04 (Hutchinson Island Height Limitations — Zone B) of the St. Lucie County Land Development Code to allow a twenty- nine (29) unit townhome development, to be known as Oceanglass PUD, to ex- ceed the maximum thirty-five (35) foot building height requirement by seven (7) feet, for a maximum building height of forty-two (42) feet within the PUD (Planned Unit Development) Zoning Dis- trict. The St. Lucie County Board of Adjust- ment (BOA) has the power to authorize variances from the dimensional require- ments in accordance with the provisions of Section 10.01.00, of the St. Lucie County Land Development Code. All interested persons will be given an opportunity to be heard. The public will be able to physically attend this meeting, but seating in the Chambers will be regu- lated to comply with social distancing protocols. Members of the public that do attend in person are encouraged to wear masks or similar devices, which cover the nose and mouth. You can contact Bethany Grubbs, Project Manager, via phone or email as an alternative to mak- ing public comments in person. Public comment for upcoming meetings can be submitted several ways: Email: Giu��.�,.. II��t�,,tlVii,id a.il��1 or Email: I�uulllli a; >i�ii�i in aUllu.0 l pii::q Residents without access to the internet can comment by phone at 772-462-1687 and TDD (telecommunications device for the deaf) number at 772-462-1428. Writ- ten comments to the Board of Adjust- ment should be received by the Planning and Development Services Department - Planning Division by noon prior to the scheduled hearing. Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772-462-1546 or TDD 772-462-1428 Further details are available in the Planning and Development Services Department — Planning Division please contact: Staff Bethany Grubbs Tel (772) 462-1687 Email GrubbsB@stlucieco.org Date Mailed August 14, 2020 Page 45 of 166 PLANNING AND DEVELOPMENT SERVICES DEPARTMENT Planning Division Please Return This Form To: St. Lucie County Planning & Dev. Serv. Dept. - Planning Division ATTN: Bethany Grubbs, Project Manager 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email: GrubbsB(a-)_stlucieco.orp or Fax (772) 462-1581 PROPOSED REQUESTED VARIANCE: Public Hearing of Igal Zakhodin's application for a Variance from the provisions of Section 4.01.04 (Hutchinson Island Height Limitations — Zone B) of the St. Project Lucie County Land Development Code to allow a twenty-nine (29) unit Description: townhome development, to be known as Oceanglass PUD, to exceed the maximum thirty-five (35) foot building height requirement by seven (7) feet, for a maximum building height of forty-two (42) feet within the PUD (Planned Unit Development) Zoning District. Project Location: 10101-10151 South Ocean Drive, Jensen Beach, FL 34957 Current Zoning: PUD (Planned Unit Development) File No: BA-520205750 If you wish to comment, please check only one of the three following statements and return no later than Tuesday, Auqust 25, 2020. Forms returned without a name and address will not be considered. All returned forms are a matter of public record and are available for viewing upon request. Please attach additional pages with comments, if necessary. I AM IN FAVOR OF THE REQUESTED VARIANCE I AM NOT IN FAVOR OF THE REQUESTED VARIANCE I HAVE NO OPINION ABOUT THE REQUESTED VARIANCE I certify that as of the date written below, I am a property owner within 500 feet of the requested Variance. Name (Please Print): Address: Date: Signature: Please call, Bethany Grubbs, Project Manager at (772) 462-1687 if you have any questions. Page 46 of 166 P-01D Cu01LaslName Cu0lFirstName Cu02LastName Cn02FIrstName CuOStreetl CUOStree12 C4OCIfY CUOState CUOP"RAl 4511-5180007-0000 Abraham DanlelA Abraham DavldA 10200 S Ocean Dr Apt 109 Jensen Beach FL 3495] 4502-804 0031-000-] Acesta Mighd E 2333 Brlckell Ave Apt 2314 Miaml FL 33129 4502- BE, .054000-1 Aglc (TR) Zaler 10152 SOcean DR Apt 6111 Jensen Beach FL 34957 4502-807000]-000-9 Agulla Thomas5 Agulla KIM,L 101]S S Ocean DR Jensen Beach FL 3495] 4511-5180035-000-5 Albert id.. Albert Anita 2Norman Ct Dix Hills NY 11141 4102-804-00421000-5 Alberta Jorge Alberto GemmaM 8215 SW 116[h TER Miami FL 33156 4502-804-003-0004 Allense Orlando Carr Timothy Earl ]O80 SW 10)[h ST Pinecrest FL 33156 4102-SD]-0004-000-8 Alonso Alexander Al— Aq; li-F 10189SOcean DRNB-2 Jensen Beach FL 34957 4502-SD3-0045-000-5 Andollo(TR) Wllmo And0110(TR) Martha 12548 Bonnington Range DR Boynton Beach FL 31413 4102-SD3-0023-000-5 Andreala(TR) Anthony Andreala(TR) Dolores 17Fern St Middletown NY 10940 4502-SD3-BOSS-CEO-B Anteau Da1le1L Anteau KathyM 515 Ave DeLafayette Menroe MI 48162 4112-SD2-0012-DDD-] Arnold Steven B Armstrong -Arnold Jehnette M 11] VIa Veracruz lu plter FL 33411 4511-518-0062-DDD-3 Arroyo AntonioN Bevis RickyA 1621 Logo AVE Coral Gables FL 33156 4502-811-0009-DDD-S Atlantis Bulldl rig A Cond Assn Atlantis Bullding B Cond Assn 10102SOcean Dr Jensen Beach FL 34957 4511-516-0000.DDD-1 Atlantis 111 By The Sea Condominium Assoclationlh, 1020050cean DR Jensen Beach FL 34957 4502-BD4-0001-DDD Avila William Patterson AnaM 164615W 60[h TER Miami FL 33193-5704 4502-BD3-002]-DDD-3 Avila lesusM Avila Mary 1002 Ponce de Leon AVE Clewiston FL 33440 4502-BD3-0036-DDD-9 Avila JZ' 1011 NE 2nd St Belle Glade FL 33430 4511-516-0045-DDD Badaczewskl Donald Badaczewskl Audrey 10200 OCEAN DR N 50] Jensen Beach FL 34957 4502-BD4-0004DDD-9 Baker Daniell 262 Bergen AVE eellmawr NJ 8031 4511-516-0012-000� Baranowskl David Baranowskl Ellen 103 Squires RD Madison CT 01443-1754 4502-BD4-0011-DDD-1 Batlwalla De III( Batlwalla Carol 100445 Ocean DR Apt 203 Jensen Beach FL 34957 4502-BD2-0006-DDD-] Baysinger Jerald L 4638 Monengeheia St San Diego CA 92117 4502-BD2-002]-DDD-O Beit Peter eeit Gail 600 OIL EENS QUAY W SPHOS LORD.To ON 151'3M3 4502-BD3-0014DDD-9 Bell (LF EST) Stephen C 1820 NE Jensen Beach Blvd Apt 624 Jensen Beach FL 3495] 4511-516-006]-DDD Belllno Cynthia 10200SOcean DRNPH-9 Jensen Beach FL 3495] 4511-516-0005-PER -6 BeIIIno Family Trust 19015W San Antonio DR Palm City FL 34990 4502-BD4-0023-PER K Berdugo(TR) TInA 100445 Ocean D R Ap[ 30] Jensen Beach FL 3495] 4502-BD400]9-DDD-S Bi1- RobiI Blber CarolM 1004450cean DR Ap[ 100] Jensen Beach FL 3495] 4502-BD4-0019-000-] Bimler Johnl ei mler Marcia 10044S Ocean Dr Apt 303 Jensen Bch FL 3495] 4511-516-0043-000-4 Black Ronald G Did— Toni M 1398 SW 160th AVE Ste 202 Sunrise FL 3332A 4502-BD2-0049-000-0:111 Betty1 10102101ean Dr Apt 602A Jensen Beach FL 34957 4502-602-BOOS-000-0 BLUU 4 Management LLC 11611 SW 104th CT Miami FL 331]6 4112-614-1148-000-9 Bodenschatz(TR) JOt,W 1004410— DR Apt 608 Jensen Beach FL 34957 4511-518-0064-000-] Bogdan Joshua Bogdan Megan 102000CEAN DR M PH Jensen Beach FL 34957 4502-604-0063-000-0 Bogdewic Th—A BegdewiL Mary Ann 1405 Magee RD Sewickley PA 15143 4502-804-006]-000-8 Bonfield TeenaM 1004450cean DRApt 903 Jensen Beach FL 34957 4112-6141111100 6 BOhVilin0 (UP EST) Laura 100441 OtIth DR Apt 1103 Jensen Beach FL 34957 4102-802-0011-000-] Bomas Mildred 48 Nick Tmil Masphee MA 2649 4502-8020066-000-5 Borten Austin Borrell N—M 59005W 12][h All 13401 Miami FL 33183 4502-801-0004000-3 Bouchard Andrew P 10102 S Ocean DR Unit 104A Jensen Beach FL 34957 4502-803-0018-000-] Boyd 4511-518-0020-000-] Bazzo Victoria1 Giuseppe 10152 S Ocean DR Apt 311E 15591 1C1 Jensen Beach MISSISSAUGA FL ON 3I'd ] I-3K7 4511-518-0022-000-1 8ozzo (LF EST) Natale Bozzo(LF EST) Niceletta 1559 GOLDMAR DR MISSISSAUGA ON L4X1N6 4511-518-0052-000-0 8'd theta Da"IR 1020050cean DR Apt 604 Jensen Beach FL 3495]-2565 1511-518-0031101019 Bra mar LeighA Thomas Brian L 119495 Wander Way Parker CO 80138 45it-El -0051-000-0 Bremer JeffreyA Bremer ChristineA 19815E Dock It Port Sa'mt Lucie FL 34112 1502-602-0031-000-3 Brick leffreyI 9835 Hawthorne Glen DR Grosse lie MI 48138 4511-516- EPIC -BEE -3 Briggman David Briggman Santlra 1020050cean D R Apt 501 Jensen Beach FL 3495] 4502-603-0019-000-4 Broome Herbert MCDonald Ellen M 6051 Veeder RD Slingerland, NV 12159-9811 4502-604-0055-000-1 Bulat En, l C 34 Blackberry LN Brewster MA 2631 4502-BD4-008]-000-4 Burnett Marilyn M 1219 Minnesota RD Lot 97 Mi Port Huron MI 48060 ,I', 511-516-0034000. Butlar (TR) GOi E Butler (TR) Jane F 2033 Pointe Dr N W Kennesaw GA 3015 152-1111 4502-BD2-0009-000� Cabrera ChristopherA 1]45 St]6th ST Hialeah FL 33014 4502-BD4-0021-DDD-4 Cabrera Miliva Cabrera Angel 6254 NW 63rd Way Parkland FL 33067 4502-B05-000]-DDD-3 Calipari JohnV Calipari Sue Ellen 338 Lexington AVE Lexington KY 40506 4511-516-005]-DDD-S Caputo Angela Caputo Saverio 11 Nightfall CT Kleinbu rg ON LOJ 1C0 4502-BD4-0091-DDD-S Casey Jr Michael Casey Annonziata 100424 Ocean DR Apt 1203 Jensen Beach FL 3495] 4502-BD2-0001-DDD-2 Catania Sal A Catania Nitaya 5 10LIP Ocean Dr Apt 101 Jensen Beach FL 3495] 4502-BDR 0006-0000 Chalmers Robyn 101525 Ocean DR Apt 11. Jensen Beach FL 3495] 4502-BD5-0016-DD0-9 Chapman DavidC Chapman Christine5 100]25 Ocean DR M 9 Jensen Beach FL 3495] 4511-516-0D53-DD0-] Cha rlton(TR) EldA ICe llett(TR) Brian 840N OId WO1ld3rd STSV301 Milwaukee 1'1 53203-1704 4502-BD2-0019-DD0-1 Chizzoniti Josephs Chizzoniti CathyS 1440 Pine DR Bay Shore NV 11706 45D2-803-004]-000-9 Churchill Mary D 4 Fresh Pond RO Sag Harbor NY 11963 4502-BOS-0000.000A Claridge By The Sea Condominium Association Inc 10072I I_DR Jensen Beach FL 34957 45D2000-1 Clemons Ed_hewT Clemons Tina Marie 395 SW 24th AVE Okeechobee FL 34974 4511-518BID31-ODD-] Cobele Jorge Luis Cobelo Ana Teresa 310 SW 161th AVE Pembroke Pines FL 33027 45D2-802-0054-DDD-B Comstock Robert I Comstock Frances L LOT02 S Ocean Dr Unit 107A Jensen Beach FL 34957 4502-803-0040-ODD-O Consoli Robert) Consoli Joanne 181 Delta PI Brick NJ 8723 4511-518-0002-DDD-S Contreras Jr AntonioIT Contreras AdelaM 109 Forest Hill BLVD West Palm Beach FL 33405 4511-518-0008-000-] Craine JOsephA Craine DennaM 35]3 Souti.1w AVE Wantagh NV 11]93-2]25 4101 .1 E053-DDD-] Cmssi Cha&eJ Cressi JoanM 1315ea Cliff AVE Glen Cove NV 11542 4102-804-0008-000-] Crilly Mary l( Crilly JosephP 1200Bdyb—V Rd Manasquan NJ 8]36 1511-51R EIEL1 DDD-3 Crisafulli (TR) Margaret 21 Gage AVE Albany NV 12203 1502-802-00D3-000£ Crouch (TR) Lorri 10102 S Ocean DR Unit 103 Jensen 3each FL 34957 4502-802-0046-000-9 Cytrez Rick LLC 12]1] W Sunrise BLVD 4106 Sunrise FL 33323 4511-518-0068-000-5 1Abbendanza Louis DAbbondanza Maria IROSSMULL CRES WOODBRIDGE ON L4L]CB 1501 .1 ED3. LEE I Daneshkhah Kasra Daneshkhah Iwena 211 West Dr Golden CO 10403 4502-801-0011-000-2 Dap Dhaduk]LLC 1008 Windemere Cir Dalton PA 18414 4502-802-0002-LE'Daukas Philip F Daukas Maria M 19 Jordan DR Weymouth MA 2190 45D2-802-0011-ODD-S D—Ba Gerard5 G—" CorineC PD Box 423 Arkville NV 12406 45D2-803-0024-DDD-2 DeLarlo 1502-802-0O15-DDD-3 Oecesare PhihpA JohnR GO-10 Lisa ]Haynes ST 28 Mount Mew Dr Staten Island Clinton NV MA 10309 1510 4502-803-0039-000-0 Decker E-L,T 0Keefe J.-P 101521 O"_ DR Apt 512 Jensen Beach FL 34957 4102-803-0009-DDD-1 Del Valle KarilynH 5700 Collins AVE At 9A Miami Beach FL 33140 4502-804-0084000-3 Dicker (TR) IlonaR 111 Mulberry CT Peachtree Cty GA 30269 1112-803-0032-DDD-1 Oigiergie Jon 10152SOcean DR Apt 415E Jensen Beach FL 3495] 4502-803-0043-000-1 eonaghy(TR) Matthew Donaghy(TR) Matthew 4Nottingham CA Nescons.t NY 11]6] 1111-118-0042-000-] Doss Angie 1504 Calledel Sur Santa Fe NM 8J507 4511-518-0001-000-8 Dowd John M Dowd Mindy L 1547 S Buchanan Cir Aurora CO 80018 41D2-803-0048-000-0 Ecker(IT EST) loan 1015210cean Dr# 1110 Jensen Beach FL 3495] 4102-80]-0OOfi-000.2 Egger JasonR Egger Jennif"N 371 NW 113th DR Okeechobee FL 349]2 45D2-802-0023-000-2 Egeavil Ralph 1170 Mount Airy RO Basking Ridge NJ 7920 41D2-804-00.38-DOOL Ely(TR) 41D2-805 1113-000-8 Empty Nest Properties LLC CharlesE Ely (TR) GayleL 1004410— OR Apt 506 I_ N W 11" PL Jensen Beach Coral Springs FL FL 34957 3306] gel 4111-518-003fi-000.2 Enson Steven IN1020 0 S Ocean Dr408 Jensen Beach FL 34" 4102-805-0DOs-000.9 Erickson OavidIT Erickson Su—K 100]250cean D-4 Jensen Beach FL 34957 41D2-802-0014000L Estrada Florentine 1010250cean OR Unit207A Jensen Beach FL 3495]-2532 45D2-805-ODDS-ODD-O Eustace Robert R Eustace Elsa M 1111 NE Ocean BLVD Jensen Beach FL 34957 45D2-802-DD24-DDD-9 Fanara(LF EST) AnnA 38 Bayview OR Huntington NV 11743 15112-804-0043-ODOA Felice(TR) Lucille ELI-(TR) Paul 1004410— DR Apt 603 Jensen Beach FL 3495] 4102-804-0042-DDD-] Ferrante Raffaele Ferrante Annita H01 Appaloosa TRL Southwest Ranches FL 3333038 JR 41D2-8041111-1111 Fetter RobelE 10044 I(— DR Apt]03 Jensen Beach FL 34957 41D2-804 LIPS, DEER Finemn I(enneth W Fineren Mane 122 Cypress ST Millburn NJ 704T 4511-518-001E-000-4 Finnerman Douglas Finnerman Eula 6114011-11 11r Sturgis MI 4909T 45D2-802-001-DDD-9 Flot[mann (TR) Amy 1919 Anna Leah Ln Washington MO 6309E 1512-8111121-100 8 Ferier (TF) Jahn T Testa (TR) Mane 2411 SW Creel<si1, DR Palm City FL 34990 2532 4502-802-0029-LEE -4 Fox Martini Fox Barbara 101021 C—Dr 402A Jensen Beach FL 34957 41D:-131 013-000A Foy Cheryl 83fi SW Vineland Port ItLucie FL 34986 4102-803-0013-000-2 Foy Lillian 1015210cean DC M21fiB Jensen Beach FL 3495] 1512-1111118-000-1 Frank Pascal Fank Karen 30302 I C— DR Unit 201A Jensen Bea ch FL 34957 4111-'RRBILLI 110-2 Freed I F EST) Peggy M 102001 Ocean DR Apt 113 Jensen Beach FL 3495] 15D2- III -0ET]-000£ Ganem(TR) JosephE Ganem(IT) MlrlamE 100]250cean DR#10 IN Jensen Bea ch FL 34957 45D2-RD20055-PER -S Garcia AIR-.T L balleira Maria 15041 SW 15011, Ct Miami FL 33196 45D2-BD4-DD28-PER -3 Garofalo RichardA Garofalo LvnnF 10044SOcean DRApt 404 Jensen Beach FL 34957 45D2-BD]-0OT0.PER I Gayle V HaII Revo�ble Living Trust 119 Vllameura WAY Duluth GA 30097 45D2-BDS-0OT8-LEE R Geisler I(ay Haines -ImilaK 2302 Golfside DR Lebanon IN 46052 45D2-BD4-DD39-DDD-3 Gendron(TF) -o A 1004410cean DR Apt 507 Jensen Beach FL 34957 45D2-BD4-0D86-000-] Gibson Jr WilliamB ED— OHn—B 41 Cran bury Neck R❑ Cranbury NJ 8512 45D2-BOS-DD12-000-1 6igantino (TR) E L,v 100]250cean DR Apt 75 Jensen Beach FL 34957 45D2-BD4-DD82-000-9 Ginese Ell h-IT Ginese D—A 9fi prospect Hill RD Clinton Corners NV 12514 45D2-SDI 0036-PER -2 G—hier(TR) L-D,G Gonthler(TR) Carol1 141 ESIB—RD Morris CT 6763 Page 49 of 166 4502-804-0025-000-2 Gonzalez Geryaciol 10044 S Ocean DR Apt 401 Jensen Beach FL 34957 4502-.1LLB3-000-9 Gonzalez -Coln Dalry4 Mlllan Daniel 213 Reatling AVE Titusville FL 32]96 4502-802-0061-000-0 Gorman III LewisE 116 Garfield AVE Cherry Hill NJ 8..2 4511-518-0023-000-8 Grande RettyJ 10200 SOcean Dr Apt 305 Jensen BetIT FL 3495] 4511-518-0044000-1 Grlgas leffr,,C Grlgas CoralR 10200 S Ocean Dr 4506 Jensen Beach FL 3495] 45.2-104-0012-POP -6 Guerette lean FrancoisP Guerette CathyG 191 Avro Circle 07AWA ON K1K 4Y9 4502-804-0034-POP -8 Guz MellssaT Gut Ronall1 1951 Lanches111 CT Chesterfield MO 6301] 45.2-102-0043-000-8 Haft JohnM Haf[ Heidi 10102SOcean DR Uni[506A Jensen Beach FL 3495] 4112-SD4-0058-POP -2 HaTNT Heil<e Muehlenstr 11 24631 Lah`AYdd l 4511-518-0024000-5 Hanna (TR) Marilyn A Hanna Davltl 6 2342 RNerslde DR Clncinnatl ON 45202 41.2-SD4-0093-000-9 IT. d (TR) NR he IT 493 Taft Pond RD Pomfret Center CT 6251 4111- SIR -0026-DDD-9 Hein Fredericl(1 Hein Md—desM 14111 SW]4th Ter Miami FL 33183 4511-538-0059-DDD-9 Hendrichsen Larry 1950 SW Palm City Rd 41304 Stuarl FL 34114 4502-SD4-0069-POP -2 Hermes.. JohnM Hennessy EIIenA 18 Martin LN Stow MA 1]]5 4502-SD4-0061-POP L Hernandez Humberto Hernandez Ileana 2333 Slidell AVE Apt 511 Miaml FL 33121 4111-1111111-1006 Hlg9111 LEE EST) I(a ...A 1020050ce.. DR PH 3 Jensen Beach FL 3495] 4502-BD1 GGA4POP -] IT Jutta 10044SOcean DR Jensen Beach FL 3495] 4511-516-0054DDD6 HIII Ir Edward HIII Rosemary 1020050c"' DR Apt606 Jensen eeach FL 34951 45.2-BD2-0042-DDD-1 Hoffman Douglas0 Hoffman Ann a nziata 46 Till St Enfield CT 6082 4502-BD4-003S-DDD-S Hoing Matthew Hoing JesslcaL 21 Gilmore RD Havertown PA 19083 4502-BD2-0036-DDD-6 Horbelt RobertL Horbel[ Carol 10102SOcean Dr409A Jensen eeach FL 3495] 4502-BD4-0013-DDD-S Horton Barbara 10044S Ocean Dr Apt 205 Jensen Beach FL 34951 45.2-BD4-0018-DDD-0 Iskowltz ITS) Steven e Iskowltz (TR) Visa 12600 Classic DR Coral Springs FL 33071 4502-BD3-0066-DDD lams Edi P lams Gay L 2936 Fairmount Blvd Cleveland Heights ON 44118 4511-516-0066-DDD-1 licha The—C llcha PatriclaA 1020010cean DR Apt]O8 Jensen eeach FL 34957 4502-BD3-0058-DDD-9 1DhP L Investment Properties LLC 2,0, Sean Vim Mount Shasta CA 96067 4502-BD2-0020-DDD-1 lohnson(TR) DennisL 6085 Rowland Road Aid 305 Minnetonka MN 55343 4502-BD2-0063-DDD-4 lohnso ITR) Marion l( 2875SOrange AVE Ste 500-29 Orlando FL 32806 4502-BD4-0040-000-3 Je— RichardE 10044SOcean Dr Apt 508 Jensen Beach FL 3495] 4502-BD2-0003-DDD-1 1R Holdings IPc 830 MiSRi dge CT Port Elgin ON NON 2C4 4502-BD4-0033-000-1 Junk Wlll B. Christopher DA—h.Junk JOyceM 10044S Ocean DR Apt 501 Jensen Beach FL 34957 4511-536-0038-000-6 K""' Arg—P 1020OS Ocean DrApt 410 Jensen Beach FL 34957 4502-BD204-COOL Kaplan Jacl(S Kern AndreaJ 10102 SOcean DR Jensen Beach FL 34957 4511-53600'41112 Karamourtopoulos Peter ICaramourtopoulos Audrey RR1 Box445 Fremont NH 3044 4502-BDS-0002-000E Karen elankmeyer Trust 1007210— DR Apt 25 Jensen eeach FL 34957 4502-BD2-0062-000-] Kazem (TR) Mohamad 5608 SW Longspur LN Palm City FL 34990 4102-BD3-0012-000-5 Keating BradleyE 2245 SWTrailslde PATH Stuart FL 34997 4502-BD4-0..4-POOL Kerrigan Patrlckl ICerrlgan DOrISA 677 Shawnee DR Fanklln Lakes NJ T41T 4102-603-0041 l000-3 Klttrell(TR) DanICIW ICRtrelI ITS) Karenl 9556 SW Eastbrook ClR Port St Lucie FL 3498] 4111-1111146-DDD-S Klima SellF Rox-Klima ludithA 4114Ashley Lake CI R Vero Beach FL 3296] 4102-804-0016-DDDE Knapik NicolasI ICnapik MelanieC 10044S Ocean DR Apt 208 Jensen Beach FL 3495) 4502-8P4-0041-PPPE Koenig TR) 31191tD 10044 SOcean DR Apt 605 Jensen Beach FL 3495) 4111-518-0025-'PP -2 Kos Neda 9650 SOCean DRApt 404 Jensen Beach FL 3495) 4102-8P4-0089-POPE Kostun(TR) John 6133 Su.dance TRL Brighton MI 48116 4502-8011O111000-0 Kowalski Fa nkE Kowalski Be— PO Box 560005 Miami FL 33256 4502-80]-0O11-DDD-0 Krazer Michael R I<razer Anne 211 Maple AVE Sa'mt Louis MO 63119-243] 4502-803-0035-000-2 Kreps Tov.J I(reps Israel 10152SOc... DR Apt 4186 Jensen Beach FL 3495T 1111-516-0060-000-9 Kroscher(TR) Mariam Chadton (TR) EadA 840N OId—ld 3rd 5T Milwaukee N'I 53203-1704 4502-BD3-0046-000-2 Kulko John Cavallo Linda 10152S Ocean DR Apt519 B Jensen eeach FL 34957 4502-BD2-0040-000-T Kunze Kevinl I<unze Terrill 9621 Locust Hill Dr Great Falls VA 22066 4502-602-0022-000-5 Kwapinski ",I Majek I,— 101C210— DR Unit 305A Jensen eeach FL 34957 4502-603-ODDS-000-3 Laca lamita Domenico Lacalamita Fedelina 15 Arisiag Dr Maple ON L6A 1V6 4502-BD3-0001-000-5 Lamontagne (LF EST) Richar, G 1015210— DR Apt 11. Jensen eeach FL 34957 4502-BD31161-000-3 Lauricella Chade, ' Ddil MarieC 1561 HE Maureen CT Jensen Beach FL 34957 4502-BD3-003]-POP L L.Itner (TM Steph" P H.—h (TR) Sh—h L 1013 Snapper LN Key Largo FL 33037 45tG 8040092-000-2 Llizeroyich Gustavo Leizerovich Marisa 20414 HE 34th CT Aventura FL 33ES. 4502-BD2-0041-000A Leuper Christopher Matflerd Carolyn. 9Yard Ave Freehold NJ ]]28 4502-BD2-0013-DDD-9 Lie" Donna Marie 1010250cean DR Unit 206A Jensen eeach FL 34957 4502-BD2-0038-DDD-O Lindau AHarold 1010250cean DRUnit501A Jensen eeach FL 34957 4502-BD4-003]-DDD-9 Lindgren William Lindgren Julie 10044SOc11, DRApt 505 Jensen eeach FL 34957 4502-BD3-0D59-DDD-0 Lipman I<atherineE 1D15210'.h DR Apt]12B Jensen eeach FL 34957 4511-51' 1132-1111 Lo..t Edmond I Loyot CIlleeh B 3021 W Signature DR Apt 402 Davie FL 33314 4502-BD4 PDT]-DDD-3 Luebbe Power LOriA Ewing GregA 10044 I OE.h DR Apt 301 Jensen —eh FL 34957 4502-BD2-0045-DDD-2 Lupacchino Carmine Lupacchino Victoria 471 NW 1C8th Ave Coral Springs FL 330]1 4502-BD2-0065-D..A Lytwyniuk Richard Lytwyniuk Ma A 10102 SOcean DR U nit]08A Jensen Beach FL 34957 4502-BD3-0063-DDD-] MacFarlane Jani'G I_Lighthouse Drive Naperville IL 60565 4502-BD4-0026-DDD-9 Mack(TR) Th—W 100441011-DR Apt 402 Jensen Beach FL 34957 4502-BD4-0088-DDD-1 Madea ValerieA Mad- DavidD 22 Clifkop RD Northampton PA 18067 4502-BD4-00]0-DDD-2 Maltman Michael 1004410cean DR Apt 906 Jensen Beach FL 34957 4502-BD3-0034D00-5 Marino William P Marino Christopher W 4 1 Westwood Rd Old Lyme CT 63]1 4502-BD2-0059-DDD-3 Marmion Gordon 10102 S 0-1, DR Unit 702A Jensen Beach FL 34957 4502-BDS-00B3-DDD-5 Mary Lee George 1989JQPRTrus %Advantage Management 235051effe—iT Ave Saint Clai r Shores MI 48080 4511-S18-0O1F0006 Massey (TR) SwttKV Massey(TR) KathleenA 15900SWMinut.Maid RD Indiantown FL 34956 4502-BD3-0OOT-DDD-] Matteson Jr RichardL 19825E Crystal Mis[ST Port It Lucie FL 34983 4502-BD4-11429 DDD-6 Matys.k Linda Jane Malek Natalie 351C QUELLETTEAVE WINDSOR ON NEE3M2 4502-BD2-000-0004 McCarthy Kevinl McCarthy StillI— Rolling PASS Glenview IL 6"25 4502-BDS-0010-DDD-T McClelland JR) Jean Munfard 100]210cean DR Apt AS Jensen Beach FL 34957 4511-518-002T-DDD-6 McCue Anthony McCue Peggy 186 Twining Sri dge RD Newtown PA 18940 4502-8D2-0008-DDD-6 McGraw Jessica N 10173 S Ocean DR M D-2 Jensen Beach FL 34957 4502-8D2-0009-DDD-3 McGraw Asset Management LLC 4102-804-0044000-1 Mcllvaine HarryA MCllvaine L—F 101]3 S Ocean DR 232 L.—t Ave Jensen Beach Houston FL PA 34957 15342 4502-8D3-0042-DDOL MCLean(TR) 4502-8D4-0065-DDD-4 McNamara Kevin DenT"M MCLean(TR) MCIJamara Marilynn AliceM 5412 Keeney St 1.4410— DR Apt 901 Morton Grove Jensen Beach IL FL 60053 34957 4102-8D2-0012-PPP-T MN,, William K MCNew Debra 41411 La PA— DR Palm City FL 34" 4502-8D3-0021-PPP-1 MealeY Robert Eugene Gillis -Mealy Barbara 12640 Yardley DR Boca Raton FL 33428 4102-8D21034PPP-2 MCI IT Deysi Melnicoff James 10102 S Ocean D R Unit 40] Jensen Beach FL 34957 4102-805-0001-PPP-1 Merrell 41.2-8P3-006J-PPP-S Messna Williams DennisJ Merrell Barbara 100]210— DR Apt 2N 1111 SW 6]th AVE Jensen Beach Pinecrest FL FL 3495] 33156 4502-802-0053-000-1 MKMM Rental Properties LLC 790 SE Ablett Ln Port St Lucie FL 34984 4102-80. ...ODD-5 Monahan StacyE Monahan Michael1 134 Marion CT Pompton Lakes NJ 7442 4102-:ET NN.0.000-5 Mooradian Raffe Mooradian Judith 41 Christy RD Apt 1008 Portland ME 4103 4111-1111113-DDD-S Moretti 4111-518-0021-POOL Moretti EST) Vincent Giuseppe Moretti Maria 18 Windsor Rd 3158 GOLDEN ORCHARD DR Toronto MISSISSAUGA ON ON M9R 3G1 L4X 2W2 (LF 4111-518-0051-DDD-3 Moretti (IT EST) Aldo 62 PETTIT DR ETOBICOKE ON M9R 2X1 4111-5180055 DDD-1 Moretti(IT EST) Antonio Moretti IF EST) Josephine 3062 GOLDEN ORCHARD DR MISSISSAUGA ON L4X 2W2 4502-BD400]6-DDD-4 Morrison NihmondW Morrison Si,-1 1004410--DR Apt 1004 Jensen Beach FL 34957 4102-BD3-0061-000-1 Morrison MaryC 32229thIS la Crosse WI 54601-6012 4111-51'1113-DDD-0 Mosca LindaF Mosce RonaldE 1020010—DR M PH-5 Jensen Beach FL 34957 4102-BDS LLlB EDGE Mulligan Ile,,B Mulligan DeboahA 114Cassidy WAY Brockport NY 14421 4512-BDS-1109-DDD-] Munford M CCl.11and(TR) Jean 100J2S Ocean DR It, 6 Jensen Beach FL 3495] 4102-BD3-0020.DDD4 Murphy Victar W 1301 C011inwood Ave Fort Worth TX ]610] 4512-BD2-0060-DDD-3 Muzychka Nataliya 60 SIR STEVENS OR MAPLE ON L6A 0H9 4111-SIR LB33-DDD-1 Nelson Thomas5 Nelson Karen M 348 W Shore Tail Spmm NJ 71 1 4112-BD3-002&DDD-0 N.ISon (TR) Pe-T I(eating (TR) Rd-- 1552 Fairway 0R Peso Robles CA 93446 4102-BD2B 44DDD-s Nickola Charles 10302 S Ocean DR Unit 50] Jensen Beach FL 34957 4112-BD5-0004DDD-2 O'Mal leylr JR) Petricl(J 10072 S Ocean D R Apt 35 Jensen Beach FL 34957 4102-BD2-0018-POOL O'Sullivan JellE O'Sullivan K—L J3 Cottage St Hampden ME 4444 4112-BD4-0094DDD�i 19di JR) James H Ogiba (TR) Paula A 5 Michelle CIR Poquoson VA 23662 4102-BD4-0O15-DDD-0 Otto Charles H Otto Anita G 600J Live Oak Pl Sprang TX 77379 4512-BD4-11]4-DDD-1 Ouim.t "INBoyer Dominique 2—BOULEVARD ROI-CHARLES ST St -Jerome QC 15L 4502-BD4-I)—D00-2 Paez Carlos Paez Nor.ley 111-35 Pine Valley Dr Wellington FL 33414 45B2-BD3-0..2-DDD-O Page RogerJ Page Alice 10112 S Ocean Dr Apt]15B Jensen Beach FL 34957 41B2-BD4-0029-0OD-0 Palon(TR) LeehM 77. Fortunella Cr SW Vero Beach FL 3296. 4112-BD41173-1111 Palumbo Michael Palumbo Ann — 21 Davison AVE East Rockaway NY 1151. 4511-51R 0041-DDD0 Papa Christopher Papa Joan 1*21111 an Dr 1111 Jensen Beach FL 34957 45B2-BD4-0096-DDD-O Pappas Demetre 2Shute AVE Hingham MA 2043 45.2-.D2-0.48-DDD-3 Paredes Raul 5a.tillana Ingrid PO Box 4097 Hialeah FL 33014 4502-BD4-0062-POPE Parker EdwardL Parker Ta..IthL 1004410— DR Apt 806 lens.. Beach FL 34957 4502-.D4-1122-LED -1 Parker (TR) Michael I( Parker(TR) Pamela H ]1]8 Regents Park BLVD Toledo OH 43117 4511-516-0030.LED-0 Pascale LeslieA Pascale YvonneA 340W fith IT Ship Bottom NJ SODS 45.2-.D40009-DDD-4 Patriquin ll L.T,A 1.44 S Ocean D R Apt 2.1 Jensen Beach FL 3495] 4512-BD2-NODS-000-5 Paye JoanE 1O182S Ocean D R M C-1 Jensen Beach FL 34951 4511-518 0006-LLD 3 Peitler JR) Mary Mary Peitler Revocable Liv Tr 10200 S Ocean Dr Apt 108 Jensen Beach FL 34957 Page 50 of 166 POPE -803 I'll -DDD-] Pennink(TR) Kare1B Pennlnk(TR) Eli, thB 27 Wdford Leas Medford NJ 08055-2218 4502-802-0025-DDD-6 Petreccia Giuseppe Petreccia Marianna 53 Rue des Hetres Austin QC JOB1B0 4502-803-0008-000-4 Pierce Larry 41 Moscow Rd Jefferson MA 1522 4502-102-0039-010-] Poetzsch TPeter 10102SOcean DR Unit 502A Jensen Beach FL 1495] 4502-805-0019-000-0 Ponsold[ Mariane L 100]2 S Ocean DR Ph North Jensen Beach FL 3495] 4502-803-0052-000-] Por[er (TR) Do11yV .4]US Highway 31 N V✓Illlamsburg MI 49690 4511-518-0065-DDD 4 Po hlawala ITS) AminY Pothlawala ITS) P-1hA 31 Wlnterlane CIS Essex J unction VT 5452 4502-802-0052-000-4 Price (TR) Dolores 418 N Ith St Ap[ 6 Lantana FL 33462 4502-SD4-0020-000-] Pruett JamesM Pruett C—IL 10044SOcean DR Apt 304 Jensen Beach FL 34957 4502-802-0033-000-5 Przestrzelskl Fir hk M Przestrzelskl A—, A 725 NW 156th Ave Pembroke Pines FL 33128 4112-SD4-0030-000-0 Quint HildegardG 10044S Ocean Dr Apt 406 Jensen Beach FL 3495] 4511-51S P.40-DDD-3 Radko RlchardC Radko E11WC 11 Salisbury Rd Delmar NV 12054 4111-518-11121 DDD-4 Ralph Jr George L 9823 Golf Course RD Unit 11 0—. City MD 21842 4502-SD4-005-DDD-0 Ratliff CharleAA Ratliff MA "RW 10044S Ocean DR Apt]04 Jensen Beach FL 34957 4502-803-0056-DDD-S Reed B,dYH Vanderbilt Sharon 121 Templet on LN Hi— TN 37343 4502-BD4-0010-DDD4 Relchart Wayne Relchart Linda 20 LaW Dr Thornton PA 193J3 4502-BD3-0053-DDD 4 Riley Gregory M Riley Myra C 16]643ur1<et DR Westfield IN 460I4 4502-BD3-0016-DDD-3 Ronan ILF EST) ClaireA 101525Ocean DRAp[2198 Jensen Beach FL 34957 4502-BD3-000]-DDD-4 Rovira(LF EST) Marg,ritaR 8]00 SW 133rd Avenue RD Apt 306 Miami FL 33183 4502-BD3-0OlC DDDA Ruess Peter F Rues Cynthla A 10152 S Ocean Cr Apt 2143 Jensen Beach FL 34957 4502-8020035-DDD-9 Ruth JohnA Doubleday Warunee 9Holsteln Dr Pelham NH 30I6 4502-BDS-0015-DDD-2 Sachs ITR) Sally 100]2 S Ocean DR Unit 9 Jensen3each FL 3495I 4502-BDS-0011-DDD Sahni Roger Sahni CaroleK 100]25 OCean DR Apt IN Jensen Beach FL 3495I 4511-5180058-DDD-2 Sallee SheI H Young Knit:lye 2310 E Plateau PI Bloomington IN 474" 4502-BD3-0002-Ill -2 Samples Garrett Samples Jeanine 10152 S Ocean DR Apt 112E Jensen Beach FL 3495I 4502-BD3-0044-DDD-S Sanchez Nlna 10520 SW 110 St Miami FL 33176 4502-BD3-0004PPPE Santa Maria (LF EST) Joseph A Santa Maria (LF EST) Noreen P 47Illy Ave Albany NV 12203 4502-602-0031-DDD-1 Santiago George 10102SOcean DR Unit 404A Jensen3each FL 3495I 4502-605-0020-DDD-O Sasgen MaHhaN 100]25 Ocean DR Ph South Jensen3each FL 3495I 4502-BD3-0038-DDD-3 Saunders I(enneth Saunders Cathleen 11515 NW 51st PL Coral Springs FL 33076 4502-802-0018-PPP-4 Schindler Jr Joseph Schindler Edmund 111111, —Cir Payson AZ 85541 4502-602-0064-PPP-1 Schmidt Ricky0 Schmidt LoriA 15]16 Custer DR Macomb MI 48042-5I00 4502-BD1-0008-DDD. Seaglass Ocean Drive Development IL 1111 I(ane Concourse Ste 209 Bay Harbor Islands FL 33114 4112-504-0OObPPO-1 Seawinds Condominium Associatlon ln, 10044 S Ocean DR JD. sen3each FL 3495I 4502-603D 41-D00-] Selig Francine 872 Greenbelt Pl<wy W Holbrook NY 11741 4112-603-0015-000-6 Seymour Michael l Seymour Linda L 552 Harrogate Dr Pittsburgh PA 15241 4511-516-0049-000E SId.1i Harry Sldoll Chrfstfna 413 Sunset DR Venice FL 14285-3I30 4502-604-0041-000-0 Sloll Frankl SIOII LmdaJ 10561 SW 140th St Miami FL 331I6 4502-6010010-ODD-1 Sllchko(TR) George 101525Ocean DRApt 2133 Jensen3each FL 34957 4102-80100012-DDD-2 State Tmstee Services LLC(TR) 701 S Carson ST Ste 200 Carson City NV 89I01 4502-805-0006-DOGE Stefanovic JR) Radenko M[Intil�Stehnovic(TR) TammyM 14Jessin LN Warren NJ ]059 4102- Ill -0016-000-0 Steiner Sr(TR) Richard Steiner(TS) C—Idi-M 111,-d RD Island Park NY 11558 4511-518-0048-DDD-9 Stepha risen Andrew 1550 Mountain Hill LN Knoxville TN 3]931 4502-801-00.56-000-2 Stewart —,A 10102 SOcean DR O nit 609A Jensen3each FL 3495] 4511-518-0015-000-9 Stillman Charles Stillman Yesenia 21142 Palm Grass Dr Boca Raton FL 11428 1512-SOJ-0085-000-0 Suitor Jr lohnI Suitor 3ethanyH 10044 SOcean DR Apt 1105 Jensen3each FL 14157 4502-803-0026-000E Swaun(LF EST) lohnW PO Sox 1625 Jensen3each FL 34958 4502-603-OP64-000-4 Tamguay Elise to 690530UL GOUIN E 805 Condo Domaine Des PAN DID TREAL-NORD QC ING 6L5 4502-503-ODS]-000-2 Tauraso Patrick Ta PAA, Michelle 3]003each WAY Hollywood FL 33026-1208 4502-602-OPSP-Ill -P Terpstra Mark R Terpstra Luz C 11992 N W 82nd ST Coral Springs FL 330I6 4502-502-POOP-PPP -5 The Atlantis BuildingACondominlUm Association lnc 101025Ocean DR Jensen3each FL 3495I 4502-3J1-0PP1-120-4 The Atlantis Building 3Condom in ium Association,Inc The Atlantis 3nllding A Condominium Association l nc 101525 Ocean DR Jensen3each FL 3495I 1.2-SP2-PP26-PPP -3 Thiel Elizabeth D Thiel Christopher R 11254 Eaton WAY V✓estminster CO 80020-6820 4502-BD3-001]-000-0 Thompson Ill CurtisA Thompson RIOS 101525Ocean DR Apt 2203 Jensen3each FL 3495I 4502-BD3-0D6D-000-6 Thomson (LF EST) DAudreyL 101521 Ocean DR Apt I133 Jensen3each FL 3415I 1111-515-PP18-Ill -P Tomeu (LF EST) Adkda 115 Alpine RD V✓est Palm Sea ch FL 33405-JI23 450E-BPI-POOP-PPP -P Tradewinds Condominium Association l nc 1280 SW 36th AVE Ste 305 Pompa no 3each FL 33069 4502-8030025-000-9 Treanor Charles Treanor Patricia 1479 Montana ST Yorktown Heights NV 10598 4502-SDI-0001-000-I Turner Ricl<L Turner Patricia3 101955 Ocean DR Unit A Jensen3each FL 3415I 4511-5111111 IPPE Tyler (EST) Diane L 232 Charter Rd Tolland CT 6084 450E-BDJ-PPP2-DDD-S l'alla—, MI"ya Morales Miguel 19301 NW 48th CT INiami Gardens FL 33055 4502-SD2-0028-000-I Varas Cri.. 101 NW 12PUT AVE Miami FL 33182 4502-BDJ-0006-000-3 Pars JosephH Vars AmyE 10D445 Ocean DR Apt 106 Jensen3each FL 34157 450E-BD4-0PSI-PPO-S Vasilopoulos Elias Vasilopoulos Christina 12D Waterman RD Canton MA 2021 4502-803-0031-DOOA Venn CT,,I, T 5 Medley LN CI'mton CT 6413 4502-804-0OT&OOOA Vedizzo Nichalas VeHizzo KathleenF 143 FOshay AVE Pleasantville NV 115]C 4502-BOJ-0OIS-DOD-I Vlera JorgeL 13845W 18th ST Miami FL 33145 4502-BDJ 1111I00-1 V'mcente Jr Oscar Vincente NPc, 9353 NW 50th D—I CirN Doal FL 331]8 4502-BOJ-0OIl-000J Waxahachie Prop lnc %West&Company CPAs PC PO Box 1219 Gloversville NV 12CI8 4502-803-0022-000A Weber Michael Weber SandraR 198 STONE ATE DR Squami.h-Lillooet BC VON 3z2 4502-BOJ-0050-DOGE Weed StevenN Weed Medha 100445Ocean DRApt7C2 Jensen Beach FL 34157 4511-518-0OSfi-000-8 Weinberg Steven) Weinberg LindaL 102005Ocean DrApt 608 Jensen Beach FL 34957 4511-518-0O11-000-1 Wells 4502-BD3-0033-000A Wettenstein RichardL El—H Wells Wettenstein TeTiK ArleneD 102005 Ocean D R Apt 2C3 22]]SWO—e Canyon Way Jensen Beach Palm City FL FL 34157 3499C 1502-803-0O50-D00-3 Wheeler(BTH) Dorothy Wheel-(TR) CIiHoNlames 335 Highland Gate CIR Suwanee 6A 31124 1511-518-0028-Ill -3 Wigton Bryan l( Wigton Laural 14 Robyn DR Marlboro NV 12542-fi02I 4502-BOJ-0059-000 J Wright Michael H Wright C_Io R 10490 NW 181 PL Pembroke Pines FL 33126 1502-804-002I-000E Wuehler Herbert 11-hl er Caroline PO Box 117 Drient NY 1195I 4502-805-0014-000-5 Yake, JudithG 100]2 S Ocean DR Apt 85 Jensen Beach FL 3495I 1502-804-0081-000-2 Yebra Jahn Yebra Katherine 10044S Ocean D R Apt 1101 Jensen Beach FL 3495I 4502-804-004I-000-2 Y.-&kul ABelma PO Box 1405 Palm City FL 34991 1502-802-0032-000A Zammas JR) GeorgeT I-- ITS) Jacq-1—P 4801 SW MITI AVE South—t Ranches FL 33332 4511-518-004I-000-2 Zebib Laura 10200 S 0cean DR Apt 509 Jensen Beach FL 3495I 4502-804-00.56-DDOA Zehren CelesteM We- M Iehren Revocable Living T—t 10044 S 0cean DR Apt 708 Jensen Beach FL 34917 1502-803-0—DDD-I Zollo Enaa fi4 Twin River DR Dakdale NY 11769 Page 51 of 166 PLANNING ANI) I)EVE'L0111MLIN'T SERVICES L)EJ1AR'_FME1"NT' Planning Division COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS - SIGN AFFIDAVIT KUFRYMBUWT�1�7 1. 1 am the owner or the agent for the project known as Oceanglass PUD for the following petition: File No. 12W 5!zp 2. 1 hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E of the St. Lucie County Land Development Code for the August 26, 2020 public hearing to be conducted by the fad of Adjustment on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by the St Lucie County Planning and Development Services - Planning Division on August 14, 2020 _. The following required documentation is attached: A. Dated Photo submitted electronically (Close up) 20.08.14 _ B. Dated Photo submitted electronically (Distant) 20.08.14 _ Further affiant sayeth not. Sig"ture of Affiant STATE OF FLORIDA COUNTYOF,Jff' L(A(ie- JV4, Y The foregoing instrument was acknowledged before me this day, of A4;Q4 20 20, by Said person Vis personally known to me,-_--produced-a--dfiver's United- �aes Fwiin �the —Ia-s—t Ti—ve75) ­a-t�ca YI, -or­•ro-d:.• • Ter 0 Notary Public, State of ROBER :: A TO CAB W W COMMISSION OMM S COMMISSION # GG 93M EXPIRES: November 19,2023 BOW Thm ary BwWed Thn Notary Public Wwafters Typed or Printed Name of Notary Commission No.: 2- My Commission expires: ST. LUCIEpage52ofi6i Sent from my Wad Page 53 of 166 iii:iiilllm, flow, St. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA August 26, 2020 NOTICE OF PROPOSED VARIANCE REQUEST Notice is hereby given in accordance with Section 11.00,03 of the St. Lucie County Land Development Code and in accordance with the Provisions of the St. Lucie County Comprehensive Plan that the following applicant has requested that the St, Lucie County Board of Adjustment consider the following request: Purpose: Hearing of Igal Zakhodin'sapplication for a Variance from the provisions of Section 4,01.04 (Hutchinson Island 'Height Limitations — Zone B) of the St. Lucie County Land Development Code to allow a twenty-nine (29) unit townhome development, to be known as Oceanglass PUD, to exceed the maximum thirty-five (35) foot building height requirement by seven (7) feet, for a maximum building height of forty-two (42) feet Within the PUD (Planned Unit Development) Zoning District. File Number: BA 5202025760 , Location: West side of South 06686 Drive, 'appr6irria ' i(ely 1 -mile north of the Martin County line Parcel ID: 4502-801-0008-000-8 The Public Hearing on this item will be held,in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. , Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce,, Florida on Wednesday, August 26, 2020 beginning at 9:30 a.m. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. The public will be able 10 physically attend this meeting, but seating in the Chambers will be regulated to comply with social distancing protocols. Members of the public that do attend are encouraged to wear masks or similar devices, which cover the nose and mouth. If residents are concerned about COVID-19 or have health concerns, please retrain from coming to public meetings in person. You can contact Bethany Grubbs, Project Manager via phone or small as an alternative to making public comments in person. Pubfic comment for upcoming meetings can be submitted several ways: • Email at Grubbsb@stlucieco,org; • Email at publiccomaient@stlucleco.org; or • Residents without Internet access can comment by phone at 772-462-1687 and TDD (telecommunicatiorrs device for the deaf) number at 772- 1 462- 1 1,t28. Written comments to the board of Adjustment should be received by the Planning and Development Services Department - Planning Division by noon prior to the scheduled hearing. Comments will be distributed to the board in advance of the meeting and included In the record provided the comments comply with the county's rules. 'Comments Comments received by phone will be either played at the Board meeting or transcribed in written form provided that the comments comply with the county's rules, The petition file Is available for review at the Planning and Development Services Department— Planning Divisionoffices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida during regular business hours., Please call (772)462-2822 or TOO (772)462-1428 if you have any questions or require additional information about this petition. The St. Lucie County Board of Adjustment has the power to authorize variances from the dimensional requirements of the St. Lucie County Land Development Code, in accordance with the Provisions of Section 10.01.00, of ' the St. Lucie County Land Development Code. The proceedings of I ' he Board of Adjustment are electronically recorded, PQ_R$UAN1 TO SECTION 20 6, Q PLEIMWEATUTIS, If a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, tie or she may need to ensure that a verbatim record of tile proceedings Is made, which record includes the testimony and evidence upon which the appeal is to be, based. Upon the request of any party to the proceeding, Individuals testifying luring a hearing will be sworn In. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it I becomes necessary, a public hearing may be continued from time to time to, a date -certain, 4nyone with a disability requiring accommodations to attend this meeting should ,ontect the St, Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D. (772)462-1428. 30ARD OF ADJUSTMENT 3T. LUCIE COUNTY, FLORIDA 'S/ ROBERT LOWED VICE CHAIRMAN >UBLISH DATE: August 14, 2020 TR,GC10473430 01, '111 Page 56 of 166 4.01.04. - Hutchinson Island Height Limitations. Except as otherwise provided in this Code, no structure shall be erected or altered in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the following zones: A. Hutchinson Island —Zone A. The maximum building height shall not exceed 125 feet. B. Hutchinson Island —Zone B. The maximum building height shall not exceed 35 feet. Page 57 of 166 S51�o' L U C TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST Board of Adjustment Kristopher Mccrain, Associate Planner Planning & Development Services Gerner Pool Variance ITEM NO DATE: RES NO: (ID # 2020-50098) 8/26/2020 The applicant submitted a Variance Petition for a pool to encroach no more than 3.0-feet into the required minimum 15-foot rear yard setback, providing a total rear yard setback of 12-feet for this structure, within the RS-4 (Residential, Single -Family - 4 du/ac) Zoning District. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends denial of the Variance as it does not conform to the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Page 58 of 166 Date: August 18, 2020 Linda Pendarvis, Planning Manager Date: August 18, 2020 Benjamin Balcer, Planning & Development Services Assistant Director Date: August 19, 2020 Katherine Barbieri, Assistant County Attorney III Page 59 of 166 Board Memorandum TO: Board of Adjustment THROUGH: Linda Pendarvis, Planning Manager Kori Benton, AICP, Assistant Planning Manager FROM: Kris McCrain, Associate Planner DATE: August 10, 2020 SUBJECT: Petition of George and Elizabeth Gerner for a Variance from the provisions of St. Lucie County Land Development Code Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements, to allow the construction of a pool within the required rear setback. ITEM NO.: 2020-50098 AGENDA 6.13. NO.. Location: 253 Marina Drive, Fort Pierce, FL. 34949 Zoning District: RS-4 (Residential, Single -Family — 4 du/ac) Future Land Use: RU (Residential Urban) Purpose: The purpose of this Variance is to allow for the construction of a pool to encroach into the required minimum 15-foot rear yard setback by no more than 3.0 feet, providing a total rear yard setback of 12 feet to the water's edge for the swimming pool, within the RS-4 (Residential, Single -Family — 4 du/ac) Zoning District. Existing Use: Single -Family Residence Utilities: Sewer— Private Septic System Water — St. Lucie County Utilities Surrounding Zoning: The RS-4 (Residential, Single -Family — 4du/ac) Zoning District surrounds the subject property to the east, south, and west. The HIRD (Hutchinson Island Residential District) Zoning District is located north of the subject parcel. Roadway Improvements: None RACKGRO TND_ Page 60 of 166 Board of Adjustment Staff Report Gerner Pool Variance (BA-6202025767) August 10, 2020 The subject property is located in the Coral Cove Beach Subdivision on North Hutchinson Island, at 253 Marina Drive. The property abuts a canal along the northern property line with a hardened seawall or bulkhead. The property is zoned RS-4 (Residential, Single -Family — 4 du/ac), and has a RU (Residential, Urban) Future Use designation. The petitioners, George and Elizabeth Gerner, are requesting a Variance to construct a pool up to 3.0 feet into the required 15-foot minimum rear yard setback, providing a total rear yard setback of 12 feet to the water's edge for the swimming pool. Exhibit 1: Proposed Construction Flan/Survey V r MARINA 4,SfWAr, r PAK,, WNrd I � I A A CANAL RIOW Of" KAYONE 4,. YAl IFIrr„iCj!u', s r irr„V ��r NF (I"" raj " UM JG`tA„u' � �M 27 w�ad��f fJ�I%'4"d�� �'S V W�L�`r,�1�'�"k�,�r7l�,a u�= Mlp� J �gJ.I���yyu py' L�y�prT 'l�y�' r gi � f r 02 rRP,"Ar R V`_ E dmT a m U ,. 4+�"""iPrC*nor UED,A HERON' A 2 Page 61 of 166 Board of Adjustment Staff Report Gerner Pool Variance (BA-6202025767) August 10, 2020 The Coral Beach Subdivision was platted in 1958 (Plat Book 11, Page 30). The subject 0.20-acre property (8,800 ft') is a rectangular shaped lot and is approximately 80' X 110' in size. The lot is conforming to the required minimum lot width of seventy-five (75) feet, the required minimum road frontage of thirty (30) feet, and the required minimum land area of 8,000 square feet, as required in the RS-4 (Residential, Single -Family — 4 du/ac) Zoning District. Table 1: RS-4 (Residential, Single -Family — 4 du/ac) Minimum Lot and Dimensional Requirements Table 7-10 Lot Size and Dimensional Requirements Min Lot Min Lot Min Road Minimum Yard Max Lot Zoning District Size (si) Width Frontage Coverage Front Rear Side RS-4 Residential, Single- 8,000 ft2 75 ft. 30 ft. 25 ft. 15 ft. 7.5 ft. 30% Family — 4 du/ac ENVIRONMENTAL REVIEW: Background: The Environmental Resources Department (ERD) is in receipt of the June 22, 2020 date -stamped submittal from Planning and Development Services. The applicant is requesting a Variance to encroach 3.0-feet into the required 15-foot rear setback in order to construct a pool, adjacent to the existing single-family residence. The 0.20-ac parcel is located on the south side of Marina Drive in Ft. Pierce, along a manmade canal. Findings: The proposed Variance is not anticipated to result in any adverse environmental impacts. No existing native vegetation is present within the rear setback of the existing residence. Recommendation: ERD has no objection of the proposed Variance. STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a variance from the St. Lucie County Land Development Code (LDC), the Board of Adjustment shall consider and make the following determinations: 1. The variance requested arises from conditions that are unique and peculiar to the land, structures, and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the Provisions of Chapter 7 are literally enforced; that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Chapter 7, of this Code, and not by an action or actions of the property owner or the applicant. The Variance does not arise from conditions that are unique and peculiar to the land and physical surroundings and do not result in an unnecessary hardship for the owner. It is the applicant's desire or action to integrate a pool that is inconsistent with setback provisions for this Zoning District. Page 62 of 166 Board of Adjustment Staff Report Gerner Pool Variance (BA-6202025767) August 10, 2020 Special conditions and circumstances do not exist that are peculiar to the parcel of land, building or structure, that are not applicable to other parcels of land, structures or buildings in the same zoning district, or the Coral Cove Subdivision. The lot is not irregularly shaped and is similar in shape and size to the surrounding properties. 2. The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The requested Variance is not anticipated to harm other property or improvements in the neighborhood, impair adequate supply of light or air to adjacent properties or streets, increase the danger of fire, or endanger public safety. The subject property backs up to the Indian River Lagoon; therefore, the rear setback does not abut any other residential property. There have been similar variance requests previously granted within the Coral Cove Subdivision as depicted in Exhibit 2 below. Pool setbacks are measured from the pool water's edge when the patio or deck is constructed at grade. With this petition, the proposed pool deck is to be constructed at grade. At this time the applicant is not proposing a screen enclosure or other vertical fixture above the pool. The adjacent property to the east has an existing Page 63 of 166 Board of Adjustment Staff Report Gerner Pool Variance (BA-6202025767) August 10, 2020 fence, and should this Variance be approved, the required fencing will be constructed, as per LDC Section 8.00.05(A). 3. The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structures. The requested Variance is not the minimum needed to make possible the reasonable use of land and structures. The subject parcel is rectangular shaped with no unique features. The property owner has the option to construct a smaller pool, or redesign in order to meet the required minimum setbacks. 4. The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The Variance desired is opposed to the general spirit and intent of the St. Lucie County Land Development Code (LDC). Section 7.04.01 of the St. Lucie County LDC establishes minimum building setbacks for structures with the purpose to preserve and improve visibility and uniformity, as well as the overall appearance to the neighborhood. RECOMMENDATION: Staff has reviewed this petition and determined that it does not conform to the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. Staff is, therefore, recommending denial of the requested Variance. Page 64 of 166 Board of Adjustment Staff Report Gerner Pool Variance (BA-6202025767) August 10, 2020 Suggested motion to recommend approval/denial of this requested variance. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF GEORGE AND ELIZABETH GERNER, FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01 (TABLE 7- l 0) LOT SIZE DIMENSIONAL REQUIREMENTS, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO PERMIT THE CONSTRUCTION OF A POOL TO ENCROACH INTO THE REQUIRED MINIMUM 15-FOOT REAR YARD SETBACK BY NO MORE THAN 3.0 FEET, PROVIDING A TOTAL REAR YARD SETBACK OF 12 FEET TO THE WATER'S EDGE FOR THE SWIMMING POOL, WITHIN THE RS-4 (RESIDENTIAL, SINGLE-FAMILY — 4 DU/AC) ZONING DISTRICT, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF GEORGE AND ELIZABETH GERNER, FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01 (TABLE 7-10) LOT SIZE DIMENSIONAL REQUIREMENTS, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO PERMIT THE CONSTRUCTION OF A POOL TO ENCROACH INTO THE REQUIRED MINIMUM 15-FOOT REAR YARD SETBACK BY NO MORE THAN 3.0 FEET, PROVIDING A TOTAL REAR YARD SETBACK OF 12 FEET TO THE WATER'S EDGE FOR THE SWIMMING POOL, WITHIN THE RS-4 (RESIDENTIAL, SINGLE-FAMILY — 4 DU/AC) ZONING DISTRICT, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC). 6 Page 65 of 166 00'Ott g,,,el, tq.eoN 77VM sGo k Z6J 77V M S L �6 g ,Z -6 _7 0� L Z.p Ltj , Z'P Z,6 U., ,OW OZ'9.9 A MY 7 VM '00*0c (3N17NO)3ON3-4,94 '00'0" Q) 4 700,y G3SOdoyd 2 LO , c -po - I h. C) 4 W MW I St. Lucie County Land Development Code Section 3.01.03 Zoning Districts J. RS-4 RESIDENTIAL, SINGLE-FAMILY - 4. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for single- family dwellings at a maximum density of four (4) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low density residential surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in octi m._3.._91...02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in.._S€e liam_2..P . 0- of this Code. 2. Permitted Uses: a. Family day care homes. (999) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) c. Single-family detached dwellings. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.,_04.01. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with,. `...e lio tf._7..f 4. . 5. Off -Street Parking Requirements. Off-street parking requirements shall be in accordance with Se.elk)n 7.W00. 6. Conditional Uses: a. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) b. Telecommunication towers - subject to the standards ofc lim_71. 3..(999) _ �__ 7. Accessory Uses. Accessory uses are subject to the requirements of g %i. m._8,90 0.0. a. Solar energy systems, subject to the requirements of_Sec1i 117..._102.8. Page 67 of 166 7.04.00. - AREA, YARD, HEIGHT, AND OPEN SPACE REQUIREMENTS 7.04.01. - Requirements. A. Density, Height, and Lot Coverage - General. Except as modified by the provisions for conditional uses or variances, no structure shall be constructed, built, moved, remodeled, reconstructed, occupied, or used on a lot that is greater than the maximum density, the maximum height, or the maximum lot coverage requirement shown in Table 7-10 for the Zoning District in which it is located. B. Area, Width, and Yard Requirements - General. Except as modified by the provisions for conditional uses or variances, no structure shall be constructed, built, moved, remodeled, reconstructed, occupied, or used on a lot that is less than the minimum lot area, minimum lot width, and minimum yard requirement as shown in Table 7-10 for the zoning district in which it is located, except that unsupported roof overhangs may encroach up to thirty (30) inches within any required yard setback area. This provision does not supersede the restrictions of Section 7.10.16(Q)(1)(a) of this Code. C. Minimum Building/Structure Elevation. 1. The minimum first floor elevation of all residential buildings shall be as follows: a. For properties lying within a designated Special Flood Hazard Area where the base flood elevation has been determined, as further defined under Chapter II of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above the crown of the adjacent roadway or shall comply with the minimum flood elevation for the property as established on the Flood Hazard Boundary Map for St. Lucie County, whichever is greater. b. For properties lying within a designated Special Flood Hazard Area for which the base flood elevation has not been determined, all buildings shall be elevated as follows: 1. A minimum of thirty-six (36) inches above the adjacent average natural grade, or eighteen (18) inches above the crown of any adjacent roadway, whichever is greater; or 2. As determined by a sub -basin drainage study for the proposed development meeting the requirements of a stormwater permit as set forth in Chapter VII. c. For properties lying outside of a Special Flood Hazard Area, as further defined under Chapter II of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above any adjacent roadway. 2. Habitable/non-residential buildings shall comply with the following standards: a. For properties lying within a designated Special Flood Hazard Area where the base flood elevation has been determined, as further defined under Chapter II of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above the crown of the adjacent roadway or shall comply with the minimum flood elevation for the property as established on the Flood Hazard Boundary Map for St. Lucie County, whichever is greater. b. For properties lying within a designated Special Flood Hazard Area for which the base flood elevation has not been determined, all buildings shall be elevated as follows: 1. A minimum of thirty-six (36) inches above the adjacent average natural grade, or eighteen (18) inches above the crown of any adjacent roadway, whichever is greater; or 2. As determined by a sub -basin drainage study for the proposed development meeting the requirements of a stormwater permit as set forth in Chapter VII. c. For properties lying outside of a Special Flood Hazard Area, as further defined under Chapter II of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above any adjacent roadway. Page 68 of 166 3. When topographical conditions are such that compliance with this subsection would be impracticable or cause grade level conditions detrimental to adjacent or nearby property, the Growth Management Director shall grant relief from the provisions of this subsection, consistent with Flood Protection regulations. 4. For non-habitable/non-residential structures, when topographical conditions are such that compliance with this subsection would be impracticable or cause grade level conditions detrimental to adjacent or nearby property, the Growth Management Director may grant relief from the provisions of this Code, consistent with the intent of the Flood Protection regulations and any other applicable portion of this Code. D. Filled Land. 1. Any filled land created in the unincorporated area of St. Lucie County shall be filled so that the settled elevation of such land shall be at least five (5) feet above mean sea level (MSL), as measured by U.S.C. and G.S. Datum. 2. No trees, vegetation, organic materials, or garbage shall be used as fill material in the unincorporated area of St. Lucie County for the purpose of raising the existing grade of any land on which construction is intended. The disposal of all trees, vegetation, organic material, and garbage shall be in accordance with applicable St. Lucie County Regulations. 3. Where fill is used, the owners of the property on which the fill is being located, shall be responsible for assuring adequate drainage so that the immediate community will not be adversely effected. E. Non -Residential Buildings on Farms. Any person erecting a nonresidential farm building on a farm shall be required to obtain a Certificate of Zoning Compliance prior to construction showing that the structure meets the setback requirements shown in Table 7-10 for the zoning district in which it is located. TABLE 7-10 LOT SIZE AND DIMENSIONAL REQUIREMENTS Maximu Minimum Yard Max. Minimu Zonin m Minimu Minimu Lot m g Gross m m Side Max. Covera Road Distri Density Lot Size Lot @ Hht. ge by Frontag Front Rear Side ct (Du/Ac) (sf) Width corne Buildin e (a) r gs ........ ........ AGRICULTUR AR-1 AL 1 43,560 150 30 50 30 20 30 35 20% RESIDENTIAL ........................................................ ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,........................................... ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.......................................,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, RESIDENTIAL, RE-1 1 43,560 150 30 50 30(g) 20 30 35 20% ESTATE - 1 RE-2 RESIDENTIAL, 2 17,500 100 100 25(I) 15(I) 10(I) 20(I) 35 20% ESTATE - 2 Page 69 of 166 RESIDENTIAL, .......................................... ........................................... 15(g)( RS-2 SINGLE- 2 15,000 100 30 25(l) 10(l) 20(l) 35 20% FAMILY - 2 RESIDENTIAL, .......................................... ........................................... 15(g)( RS-3 SINGLE- 3 10,000 75 30 25(l) 10(l) 20(l) 35 30% FAMILY - 3 15(g)( 10,000 75 30 25(l) 7.5(l) 20(l) 35 30% RESIDENTIAL, RS-4 SINGLE- 4 FAMILY - 4 15(g)( 8,000(f) 75 30 25(l) 7.5(l) 20(l) 35 30% RESIDENTIAL, .......................................... ........................................... RMH- MOBILE 5 10,000 75 30 25(l) 15(l) 10(l) 20(l) 35 35% 5 HOME - 5 ............................................................................................ RESIDENTIAL, ........................................................ ........................................................ ........................................................ ........................................... . ........................................... 25(b) 15(b) 10(b) 20(b) 35(b, RM-5 MULTIPLE 5 10,000 100 60 40% FAMILY - 5 i) 15 (g)( .......................................... ........................................... SINGLE- 10,000 75 30 25(l) 7.5(l) 20(l) 35 3 % 0 FAMILY DEVELOPME ........................................... ....................................... ........................... 15(g)( NT LOT 8,000(f) 75 30 25(l) 7.5(l) 20(l) 35 30% ............................................................................................. .......................................................... RESIDENTIAL, .......................................... 25(b) 15(b) 10(b) 20(b) 35(b, RM-7 MULTIPLE 7 10,000 100 60 40% FAMILY - 7 ............................................................................................ ........................................................ ........................................................ ........................................................ ........................................... 1 5(g)( . ........................................... SINGLE- 10,000 75 30 25(l) 7.5(l) 20(l) 35 3 0 % FAMILY DEVELOPME 15(g)( NT LOT 8,000(f) 75 30 25(l) 7.5(l) 20(l) 35 30% RM -9 RESIDENTIAL, 9 10,000 100 60 25(b) 15(b) .......................................... 10(b) ........................................... 20(b) 35(b, 40 % MULTIPLE Page 70 of 166 FAMILY - 9 5(g)( .......................................... ........................................... 10,000 75 30 25(l) 7.5(l) 20(l) 35 30% SINGLE-FAMILY DEVELOPMENT LOT 15(g)( 8,000(f) 75 30 25(l) 7.5(l) 20(l) 35 30% RESIDENTIAL, .......................................... ........................................... RM- 25(b) 15(b) 10(b) 20(b) 35(b, MULTIPLE 11 10,000 100 60 40% 11 FAMILY - 11 15(g)( 10,000 75 30 25(l) I 7.5(l) 20(l) 35 30% SINGLE-FAMILY DEVELOPMENT LOT 15(g)(I 8,000(f) 75 30 25(l) 7.5(l) 20(l) 35 30% RESIDENTIAL, .......................................... ........................................... RM- 25(b) 15(b) 10(b) 20(b) 35(b, MULTIPLE 15 10,000 100 60 40% 15 FAMILY - 15 15(g)( .......................................... ........................................... 10,000 75 30 25(l) 7.5(l) 20(l) 35 30% 0 SINGLE-FAMILY DEVELOPMENT LOT 15(g)( 8,000(f) 75 30 25(l) 7.5(l) 20(l) 35 30% ............................................................................................. .......................................................... COMMERCIA .......................................... L CN 10,000 75 60 25 20 10 20 35 50% NEIGHBORH OOD COMMERCIA .......................................... ........................................... CO 10,000 75 60 25 20 10 20 35 50% L OFFICE ............................................................................................ COMMERCIA ........................................................ ........................................................ ........................................................ ........................................... . ........................................... 60(b, ........................... CG (d) 20,000 100 60 25(b) 20(b) 10(b) 20(b 50% LGENERAL CR ............. COMMERCIA ................ ... ........... .......... ........ .. 217,800 100 60 25(b) 20(b) 16i 60(b30% Page 71 of 166 L RESORT i) INDUSTRIAL .......................................... ........................................... I L 20,000 100 60 25 20 10 20 50(i) 50% LIGHT INDUSTRIAL I H 43,560 200 60 50 40 30 50 80(i) 50% HEAVY INDUSTRIAL .......................................... ........................................... Ix 435,600 (c) (c) (c) (c) (c) (c) (c) EXTRACTION U UTILITIES 43,560 200 60 40 30 20 20 40 30% AGRICULTUR .......................................... ........................................... AG-1 1 43,560 150 60 50 30 20 30 80(i) 10% (j AL- 1 AG- AGRICULTUR .4 108,900 150 60 50 30 20 30 80(i) 15% (j) 2.5 AL - 2.5 AGRICULTUR .......................................... ........................................... AG-5 .2 217,800 150 60 50 30 20 30 80(i) 10% AL-5 RESIDENTIAL/ .......................................... ........................................... R/C CONSERVATI .2 217,800 150 60 50 30 20 30 80(i) 2% ON CONSERVATI .......................................... ........................................... Cpub (k) (k) (k) 50 30 20 30 (k) (k) ON - Public INSTITUTION .......................................... ........................................... 40(e, 1 20,000 100 60 25 20 20 2 0 30% AL RELIGIOUS .......................................... ........................................... R F 20,000 100 60 25 20 20 20 40(i) 30% FACILITIES ............................................................................................ PLANNED ............................................................................................................................................................................................................................................................................................................................................................................................... ............................. .............. UNIT PUD SEE SECTION 7.01.03 DEVELOPME NT Page 72 of 166 NOTES: (a) Expressed as dwellings/per acre. (b) For three (3) or more dwelling units, motel, or hotel uses, use the building spacing formula identified in Section 7.04.03. (c) For Industrial extraction uses, refer to Mining Regulations, Section 6.06.00. (d) Maximum net density of thirty-six (36) guest units/acre, except for North and South Hutchinson Island. For hotel/motel development density on North and South Hutchinson Island refer to Policy 1.1.10.2 of the St. Lucie County Comprehensive Plan. (e) All structures in excess of forty (40) feet shall comply with the provision of Section 7.04.03. (f) With central water. (g) For enclosed storage structures, greenhouses, child's playhouse and gazebos, this dimension may be reduced to five (5) feet. (h) Ten thousand (10,000) square foot lots permitted when use limitations consistent with the CN and CO zoning districts (see Section 3.01.03(Q) and (R). (i) For any development activity on Hutchinson Island, refer to Section 4.01.00, Hutchinson Island - Building Height Overlay Zone. (j) For aquaculture production activities, the maximum percentage of lot coverage by building is fifty percent (50%). All buildings are subject to meeting the applicable stormwater management standards and requirements of this code. For the purpose of this section, aquaculture means the cultivation of aquatic organism and aqua cultural products as defined in F.S. Ch. 597.0015. (k) There shall be no minimum lot size required for the Cpub zoning district, however the minimum yard setback for any structures erected on any site zoned Cpub shall be as identified. Page 73 of 166 (1) For accessible handicap ramps the required yard setback may be reduced to fifty percent (50%) of the minimum setback requirement. The accessible handicap ramp permitted under this amendment shall not have a roof or be enclosed and shall not provide for a deck or landing larger than is necessary to be in compliance with the Florida Accessibility Code for Building Construction. A Physician's Certification Form and proper Building Permit Application documentation is required. (m) Maximum hotel/motel density of thirty-six (36) guest units/acre. For hotel/motel projects containing condominium hotel units (as defined in the Land Development Code) the total number of hotel/motel units of any kind (including condominium hotel units) may not exceed 36 units per acre. (Ord. No. 08-025, Pt. A, 9-16-2008; Ord. No. 15-002, Pt. A, 4-7-2015 ; Ord. No. 2016-23 , Pt. A, 11-1- 2016) 7.04.02. - Open Space Requirements. A. Purpose. The purpose of this Section is to provide standards for Open Space and Habitat Preserve areas within the areas designated for Agricultural Land Use under the St. Lucie County Comprehensive Plan. B. General Guidelines. The following activities and land uses may be counted toward open space: 1. Passive recreation areas. 2. Natural preserves, wetland and upland habitats, including those areas of on -site preservation required by the other provisions of this Code. 3. Required landscape and common areas. 4. Playgrounds and active recreation areas, but not including swimming pools, tennis courts and/or other impervious activity areas. 5. Golf courses. 6. Agricultural activities not involving any activities within an enclosed or covered structure. 7. Lakes, ponds, and waterways in private ownership, but available for use by the residents/occupants of the particular development. 8. Stormwater detention and retention facilities providing that no more than thirty percent (30%) of the overall open space requirement shall be satisfied in this manner. C. Open Space Standards in Agricultural Areas. (Reserved) D. Open Space Standards in Planned Unit Developments. Open space requirements, as a percentage of the total site, for all Planned Unit Developments shall be as set forth in Section 7.01.00. E. Open Space Standards in Planned Nonresidential Developments. Open space requirements, as a percentage of the total site, for all Planned Nonresidential Developments shall be as set forth in Section 7.02.00. F. Open Space Standards in Planned Mixed Use Developments. Open space requirements, as a percentage of the total site, for all Planned Mixed Use Developments shall be as set forth in Section 7.03.00. G. Open Space Standards in Planned Towns or Villages. Open space requirements for Planned Town or Villages shall be as set forth in Section 3.01.03.FF.2.b and 2.o. H. Open Space Standards in Planned Country Subdivisions. Open space requirements for Planned Country Subdivisions shall be as set forth in Section 3.01.03.GG.2.j. 7.04.03. - Building Spacing Formula. Page 74 of 166 A. Purpose. The purpose of this section is to insure the minimum distance between any multiple -family (except two- and three-family structures), hotel, or motel building, two (2) floors or greater in height, and any other building or any property line shall be regulated according to the length and height of such multiple -family, hotel, or motel building. B. Applicability. These requirements shall apply to all multiple -family dwellings, hotels, and motels, and to all accessory uses with two (2) or more floors that are customarily associated with and subordinate to the principal use. C. Maximum Horizontal Dimension. The maximum horizontal dimension of any building shall be three hundred (300) feet, including all deck areas and enclosed and covered walkways, as measured between the farthest points of such buildings. D. Formulas for Minimum Distance between Buildings and Property Lines. 1. Between Buildings. The formula regulating the required minimum distance between two (2) buildings (referred to as Building A and Building B) is as follows: D = [L A+ L B+ 2(H A+ H B )]/4 2. Between Building and Property Line. The formula regulating the required minimum distance between a building (referred to as Building A) and a property line is as follows: D = [ ' P L+ 2(H A )]/4 Page 75 of 166 FIGURE 7-7 BUILDING SPACING SPACING BETWEEN BUILDINGS THIS EXAMPLE ILLUSTPATES THE METHOD OF COMPUTING THE MINIMUM SEPERATION DISTANCE BETWEEN ANY TWO BUILDINGS LOCATED ON THE SAME COMMON DEVELOPMENT SITE. NOTES: La, Is the length of projection of Building *A* onto Building "S" when viewed at right angles from a vertical position above. For this example, 50 feet Is assumed. Lb Is the length of projection of Building *S* onto Building *A* when viewed at right angles from a vertical position above. For this example, 65 foot Is assumed He Is the height of Building 'A'. For this example, 100 feet Is assumed. Hb : Is the height of Building W. For this example, 60 foot Is assumed. Formula for determining the minimum distance between building *A" and building "B" La + Lb + 2( He Hb D= ........ 4 D = -50- t-65- *-2(100 t.60)-.. 4 D = — 435-- = 108.75' 4 4 Page 76 of 166 FIGURE 7-8 BUILDING SPACING SPACING BETWEEN BUILDING AND PROPERTY LINE THIS EXAMPLE ILLUSTRATES THE METHOD OF COMPUTING THE MINIMUM SEPERATION DISTANCE BETWEEN ANY BUILDING AND ANY OUTISDE LOT OR SETBACK CONTROL LINE. EXAMPLE #1 EXAMPLE #2 10010-61 building angle varies NOTES: LpL: Is the length of projection of the Building onto any property line. He : Is the height of Building *A*. Building height is assumed to be 100 feet. Formula for determining the minimum side setback for Example #1 D LpL- +- 12(.11p) 4 D 75,+-, 2( 100) 4 Formula for determining the minimum side setback for Example #2 D = LpL + -2( Ha) 4 D 135 .... ... ... 4 D = 2745 - 68.75' D 335— - 83.751 3. Formula Symbols and Definitions. The symbols used in the formula described in Section 7.04.03(D)(1) and (2) mean the following: a. D is the required minimum horizontal distance between any wall of Building A and any wall of Building B (or the vertical extension of either) or between any wall of any building and a property line. Page 77 of 166 b. L a is the total length of Building A. The total length of Building A is the length of that portion or portions of a wall or walls of Building A from which, when viewed directly from above, lines drawn perpendicular to Building A will intersect any wall of Building B. C. L B is the total length of Building B. The total length of Building B is the length of that portion or portions of a wall or walls of Building B from which, when viewed directly from above, lines drawn perpendicular to Building B will intersect any wall of Building A. d. L P L is the total length of the property line. The total length of the property line is the length of that portion or portions of the property line from which, when viewed directly from above, lines drawn perpendicular to the property line will intersect any wall of any building. e. H ais the height of Building A. f. H B is the height of Building B. g. Length of walls or property lines shall be measured as the horizontal distance from corner to corner. Wall length of a circular building shall be construed as the diameter or longest chord of the building, with the exception of ground floor area. h. The term "wall or walls" shall include porches, balconies, deck areas, and enclosed or covered walkways with the exception of ground floor area. 7.04.04. - Base Building Line Setback Requirements. Base Building Lines are hereby established from which all front, side, and rear yard setbacks are to be measured. For all thoroughfares in St. Lucie County, the base building line dimension from centerline shall be in accordance with dimensions shown on the Base Building Line Information Chart. For all other roads not referenced in Table 7-11, the base building line dimension shall be thirty (30) feet. In any case, when a thoroughfare right-of- way from centerline is greater than the base building line dimension as hereby established, the right-of-way line shall serve as the basis on which to measure front, side, and rear yard setbacks. TABLE 7-11 BASE BUILDING SETBACK LINE (ALL DISTANCES EXPRESSED IN FEET) Base Existing Ultimate Roadway Segment Building R/W R/W Line South US #1 (SR 5) Ft. Pierce C/L to Martin County Line 120 200 100 North US #1 (SR 5) Ft. Pierce C/L to Indian River Line 200 200 100 SR A-1-A Indian River Line to Martin County Line 100 100 50 SR 70 (Okeechobee Rd) Ft. Pierce C/L to Okeechobee County Line 66/200 200 100 SR 68 (Orange Avenue) Ft. Pierce C/L to Kings Highway 80/120 120 60 CR 68 (Orange Avenue) Icings Highway to Okeechobee County Line 66/200 200 100 Page 78 of 166 SR 713 (No. Kings Highway) Orange Avenue to St. Lucie Blvd. (CR 608) 50/60 130 65 St. Lucie Blvd. (CR 608) to Indrio Rd (CR 614) 50/60 200 100 Indrio Rd (CR 614) to No. US #1 (SR 5) 100 130 65 SR 713 (So. Kings Highway) Orange Avenue to Okeechobee Road (SR 70) 50/60 130 65 Indrio Road (CR/SR 614) No. US #1 (SR 5) to Emerson Avenue 40/100 130 65 Emerson Avenue to I-95 (SR 9) 40/100 200 100 No. 25th Street (SR 615) Ft. Pierce C/L to Industrial Ave. #3 60 100 130 65 Industrial Ave. #3 to No. US #1 0 200 100 So. 25th Street (SR/CR 615) Virginia Avenue to Edwards Road 60 120 60 Edwards Road to Port St. Lucie C/L 60/120 120 60 West Midway Road (CR 712) So. US #1 to Oleander Avenue 80 100 50 Oleander Avenue to So. 25th St. (CR 615) 80/100 100 50 So. 25th St. (CR 615) to I-95 (SR 9) 80 120 60 Edwards Road (CR 611) So. US #1 (SR 5) to So. Jenkins Road 80 100 50 No. Jenkins Road (CR 611-A) Orange Avenue to St. Lucie Boulevard 0/120 120 60 So. Jenkins Road (CR 611-A) Orange Avenue to West Midway Road 0/80 120 60 St. Lucie Boulevard (CR 608) No. US 41 to Industrial 33rd St. 60 120 60 Industrial 33rd St. to No. Kings Highway 80/100 200 100 No. Kings Highway to Shinn Road 0 270 135 Page 79 of 166 10.01.00. - VARIANCES 10.01.01. - General. A. Authority. Unless otherwise provided for in this Code, the Board of Adjustment shall have authority to grant variances from the dimensional requirements of this Code, in accordance with the standards and procedures set forth in this section. B. Purpose. The purpose of a variance is to provide a mechanism when, owing to special conditions, the literal enforcement of the provisions of this Code would impose upon a landowner unnecessary hardship that can be mitigated without conferring on the applicant any special privilege. C. Initiation. A written petition for a variance is to be initiated by the owner of, or any person having contractual interest in, the property for which relief is sought. 10.01.02. - Standards for Granting Variances. The Board of Adjustment shall not grant a variance unless it shall, in each case, make specific findings of fact based directly upon the particular evidence presented supporting written conclusions that: A. The variance requested arises from a condition that is unique and peculiar to the land, structures and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved, would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the provisions of this Code are literally enforced; that it is a condition that is not ordinarily found in the same zoning district, and the condition is created by the regulations of this Code, and not by an action or actions of the property owner or the applicant; B. The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood; C. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structures; and D. The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. 10.01.03. - Limitations on Granting Variances. A. Variances shall not be granted that would: 1. Permit a building or structure to have a height in excess of one hundred twenty percent (120%) of that permitted by Table 1 in Section 7.04.00; or permit a lot width or road frontage less than eighty percent (80%) of that permitted by said Table, except: a. In the case of nonconforming lots of record, provided, however, that a variance to construct a permitted or authorized accessory structure on such a lot shall be governed by the provisions of Section 10.00.04; and b. In the AG-1, AG-2.5 and AG-5 Agricultural Districts, road frontage of less than sixty (60) feet may be permitted on parcels of ten (10) acres or more in total area. Page 80 of 166 2. Permit the use of land or a structure contrary to the use provisions of Section 3.01.00; 3. Permit a variance from the provisions of Section 4.01.00 that would authorize any building to have a height in excess of one hundred twenty percent (120%) of the maximum permitted by the particular zone in which it is located or to be in excess of one hundred twenty-five (125) feet, whichever is less. B. A variance to construct an accessory agricultural structure on agricultural property lacking sufficient frontage shall be governed by the provisions of Section 10.01.07. C. A variance from the requirements of Section 7.07.00, Stormwater Management, shall be governed by the provisions of Section 10.01.08. D. A variance from the requirements of Section 7.05.06, Driveways, shall be governed by the provisions of Section 10.01.09. E. A variance from the requirements of Section 6.05.00, Flood Damage Prevention, shall be governed by the provisions of Section 10.01.10. F. No variance from the dimensional requirements of Section 7.00.00, other than variances granted for or in conjunction with a Final Development Order as described under Section 11.02.00, shall be valid for a period longer than twelve (12) months unless a building permit is issued. A variance issued for, or in, conjunction with a Final Development Order as described under Section 11.02.00 shall expire upon the termination of that Final Development Order unless the Final Development Order is extended or otherwise determined to be compliant with the provisions of this Code. 10.01.04. - Procedures for Application. A. Application. An application for a variance shall be filed with the Growth Management Director, accompanied by a non-refundable fee, as established from time to time by the Board of County Commissioners to defray the actual cost of processing the application. The application shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by the Director and shall contain at least the following: Name and address of applicant; Legal description, street address, and lot number and subdivision name, if any, of the property which is the subject of the application; The size of the subject property; The variance sought and the Section of this Code from which a variance is requested. Except for non-residential accessory structures in AG-1, AG-2.5 and AG-5, if the application is for one hundred percent (100%) variance from road frontage requirements, proof of recorded legal access shall be furnished with the application; The purpose for the requested variance and a statement of the intended development of property if the variance is granted; A statement of the hardship imposed on the applicant by this Code; a statement setting forth reasons why this hardship is unique to the applicant, and why the same hardship is not imposed on other property in the neighborhood that is similarly situated; a statement of why the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located; a statement of why the variance will not increase traffic, the danger of fire, or impair property values in the neighborhood; a statement of why the proposed variance is the minimum variance that will make possible a reasonable use of the land, building, and structures; and a statement explaining how the proposed variance is Page 81 of 166 consistent with the general spirit and intent of this Code and the St. Lucie County Comprehensive Plan; If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00,the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. B. Filing an Application for Approval of ' a Variance. Within twenty (20) days after an application for approval of a variance is submitted, the Growth Management Director shall determine whether the application is complete. If the Director determines that the application is not complete, he shall send a written statement specifying the application's deficiencies to the applicant by mail. The Director shall take no further action on the application unless the deficiencies are remedied. C. Review of the Application. Review by the Growth Management Director. When the Growth Management Director determines an application for approval of a variance is complete, he shall review the application, make a recommendation, and submit it to the Board of Adjustment. Review by the Airport Director and the FDOT. a. If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the Growth Management Director shall determine whether the application for approval of a variance is complete. Once the application is complete, the Director shall furnish a copy of the application to the St. Lucie County Airport Director and to the Florida Department of Transportation Aviation Office, 605 Suwanee Street, MS-46, Tallahassee, Florida, within ten (10) days of the determination of completeness for advice as to the aeronautical effects of the variance. b. Upon receipt of the comments of the Airport Director and the FDOT, the Growth Management Director shall review the application, make a recommendation, and submit it to the Board of Adjustment. If the Airport Director does not respond to the application within fifteen (15) days and the Department of Transportation does not respond within forty-five (45) days after receipt, the Director shall review the application, make a recommendation, and submit it to the Board of Adjustment. 10.01.05. - Action of Board of Adjustment. A. Upon notification that an application for a variance is complete, the Board of Adjustment shall place the application on the agenda of a regularly scheduled meeting for a public hearing in accordance with Section 11.00.03. In reviewing the application for variance approval, the Board of Adjustment shall use the standards in Section 10.01.02. The Board may require the applicant to meet certain conditions before approval of the variance. B. Within a reasonable time of the hearing, the Board of Adjustment shall issue its decision approving, approving with conditions, or denying through resolution the requested variance. C. The Board of Adjustment may place reasonable conditions, limitations, and requirements upon the granting of any variance as may be necessary to ensure compliance with the intent of this Code. Such conditions, limitations, or requirements may be placed on the granting of any variance to prevent or minimize adverse effects upon other property in the neighborhood which might otherwise result from the reductions in standards being requested, including but not limited to conditions, limitations, or requirements on the size, intensity of use, bulk, and location of any structure; landscaping; lighting; Page 82 of 166 the provision of adequate ingress and egress, and the duration of the variance. Such conditions, limitations, or requirements shall be set forth expressly in the resolution granting the variance. D. Any variance from the provisions of Section 4.00.00, Airport Overlay Zone, will be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner's expense, such markings and lights as required by F.S. § 333.07(3, in accordance with the standards published in Chapter 14-60, FAC, Rules of the Department of Transportation. if deemed proper by the Board of Adjustment, this condition may be modified to require the owner to permit St. Lucie County at its own expense, to install, operate, and maintain the necessary markings and lights. E. The decision of the Board of Adjustment shall be mailed to the petitioner and filed with the Office of the Growth Management Director in accordance with Section 11.00.04(F). 10.01.06. - Extensions of Variance Approvals. The time limitations imposed on any Variance by Section 10.01.03(F) may be extended by the Board of Adjustment not more than one (1) time, and for not more than twelve (12) months, upon application by the applicant and after a public hearing held in accordance with Section 10.01.05. 10.01.07. - Appeals from the Board of Adjustment. Any person aggrieved by a decision of the Board of Adjustment may, within thirty (30) days after the rendition of such decision, appeal to the courts of the State of Florida for relief in accordance with general law. 10.01.08-10.01.12. - Reserved. 10.01.13. - Administrative Variances to Construct an Accessory Agricultural Structure. A. Application Procedures. A person desiring to construct an accessory agricultural structure on a parcel lacking frontage shall apply for a variance on a form provided by the Public Works Director. An application fee in accordance with Section 11.12.00. The application shall be in such form and contain such information and documentation as shall be prescribed from time to time by the Public Works Director, but shall contain at least the following: a. Name and address of applicant. b. Legal description of the property which is the subject of the application. Size of the subject property. d. Description of the existing agricultural operation. Description of proposed accessory structure and proposed use. f. Proof that the parcel is classified as agricultural land for purposes of ad valorem tax assessment. 4. Within a reasonable period of time not to exceed thirty (30) days after receipt of an application or receipt of additional information pursuant to this Section, the Public Works Director shall examine the application or information and notify the applicant of any apparent errors or omissions, and request such additional information as may be necessary for the processing of the application. Page 83 of 166 Within thirty (30) working days after an application has been determined to be complete, the Public Works Director shall either grant the variance or deny the variance, with reasons clearly stated. Any person aggrieved by a decision of the Public Works Director may within thirty (30) days after the rendition of such decision appeal to the Board of Adjustment pursuant to procedures set forth in Section 11.11.00 of this Code. B. General Standards for Issuance. The Public Works Director shall grant the requested variance if all of the following standards are satisfied: The parcel is classified as agricultural land for purposes of ad valorem tax assessment. The proposed structure will be constructed as a part of an existing productive agricultural operation. The proposed structure and use will be accessory to the already existing agricultural structures and uses. 10.01.14. - Administrative Variances for the Required Minimum Yard Setback Standards. A. For Recreational Vehicle Parks. Application Procedures. a. A person desiring to decrease any required minimum yard setback in any existing Recreational Vehicle Park on the effective date of this Ordinance (Ordinance 94-007) by no more than fifty percent (50%) of the minimum standard shall apply for a variance on a form provided by the Building Code Administrator or his/her designee. b. An application fee in accordance with Section 11.12.00. The application shall be in such a form and contain such information and documentation as shall be prescribed from time to time by the Building Code Administrator or his/her designee, but shall contain at least the following: Name and address of applicant. Legal description of the property which is subject of the application. Size of the subject property. A certified boundary survey for the subject property showing the location of the proposed RV, Mobile Home, or Single Family Residence, along with all setback and distance measurements to all adjacent structures, site improvements and utility services. In those cases where the application submitted is for a variance from the requirements of Section 7.10.16(Q)(2), proof that the existing structure(s) on the adjacent property(ies) is the cause for this application. The applicant must show that the adjacent structure(s) were constructed without the proper Local Government permits or in violation of those permits and as a result of the provisions of Section 7.10.16(Q)(2) has subsequently been granted existing nonconforming status. d. Within a reasonable period of time, not to exceed thirty (30) days after receipt of an application or receipt of additional information pursuant to this Section, the Building Code Administrator or his/her designee shall examine the application or information submitted and notify the applicant of apparent errors or omissions, and request such additional information as may be necessary for the processing of the application. Page 84 of 166 Within thirty (30) working days after an application has been determined to be complete, the Building Code Administrator or his/her designee, shall either grant the variance, grant the variance with conditions or deny the variance with reasons clearly stated. f. Any person aggrieved by a decision of the Building Code Administrator or his/her designee, may appeal the decision within thirty (30) days after the rendition of such decision to the Board of Adjustment pursuant to procedures set forth in Section 11.11.00 of this Code. General Standards for Issuance. The Building Code Administrator or his/her designee, shall grant the requested variance if all of the applicable following standards are satisfied: a. Demonstration that the Recreational Vehicle Park was in legal existence upon the effective date of this Ordinance (Ordinance No. 94-007). b. Demonstration that the existing structure(s) 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. 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. d. The literal application of the provisions of Section 7.10.16(Q) will result in an undo hardship on the property owners and would otherwise prohibit the use of the petitioned property as others are used in the surrounding neighborhood. The variance requested will not result in any encroachment into any access/utility easement or other common area. f. The variance requested does not result in an encroachment of any more than fifty percent (50%) into any required yard setback area. g. The variance requested will not conflict with any other provision of this Code. Conditions on Variances. The Building Code Administrator or his/her designee, shall attach such conditions, limitations, and requirements to the variance as are necessary to effectuate the purpose of this section. B. For Mobile Home Parks. Application Procedures. a. A person desiring to decrease any required minimum yard setback in any existing Mobile Home Park by replacing a pre-existing structure after the effective date of this Ordinance (Ordinance 06-013) by no more than two-thirds of the minimum standard shall apply for a variance on a form provided by the Building Code Administrator or his/her designee. b. An application fee in accordance with Section 11.12.00. Except as otherwise provided herein, the application fee shall be waived for completed applications received by the Building Official on or before December 31, 2006. The application shall be in such a form and contain such information and documentation as shall be prescribed from time to time by the Building Code Administrator or his/her designee, but shall contain at least the following: Name and address of applicant. Page 85 of 166 Legal description of the property which is subject of the application. Size of the subject property. A certified boundary survey or a scaled plot plan, as deemed necessary by the Building Code Administrator or his/her designee for the subject property showing the location of the proposed Mobile Home and any accessory structure, or Single Family Residence and any accessory structure, along with all setback and distance measurements to all adjacent structures, site improvements and utility services. d. Within a reasonable period of time, not to exceed thirty (30) days after receipt of an application or receipt of additional information pursuant to this Section, the Building Code Administrator or his/her designee, shall examine the application or information submitted and notify the applicant of apparent errors or omissions, and request such additional information as may be necessary for the processing of the application. e. Within thirty (30) working days after an application has been determined to be complete, the Building Code Administrator or his/her designee shall either grant the variance, grant the variance with conditions or deny the variance with reasons clearly stated. f. Any person aggrieved by a decision of the Building Code Administrator or his/her designee may appeal the decision within thirty (30) days after the rendition of such decision to the Board of Adjustment pursuant to procedures set forth in Section 11.11.00 of this Code. 2. General Standards for Issuance. The Building Code Administrator or his/her designee shall grant the requested variance if all of the applicable following standards are satisfied: a. Demonstration that the Mobile Home Park was in legal existence upon the effective date of this Ordinance (Ordinance No. 06-013). b. Demonstration that the placement of the proposed structure will meet the intent of all separation standards as required for all Mobile Home parks, any other applicable provision of this Code, Florida Building Codes or the fire code(s) and that the requested variance is the minimum necessary to locate the proposed structure on the property. c. Demonstrate that a similar structure existed on the subject property at the proposed location of the new structure on the effective date of this Ordinance (Ordinance No. 06- 013.) d. Demonstration that the placement of the proposed structure, if a mobile home, will not be located closer than ten (10) ft (3 m) side to side, eight (8) ft (2.4 in) end to side, or six (6) ft (1.8 m) end to end horizontally from any other mobile home, manufactured home, single family detached dwelling or community building unless the exposed composite walls and roof of either structure are without openings and constructed of materials that will provide a one -hour fire rating or the structures are separated by a one -hour fire -rated barrier. Demonstration that the placement of the proposed structure, if an accessory structure, if located immediately adjacent to a site line is constructed entirely of materials that do not support combustion and provided that such buildings or structures are not less than three (3) ft (0.9 m) from an accessory building or structure on an adjacent site. An accessory building or structure constructed of combustible materials shall be located no closer than five (5) ft (1.5 m) from the site line of an adjoining site. f. The literal application of the provisions of the Code for required minimum yard setback will result in an undo hardship on the property owners and would otherwise prohibit the use of the petitioned property as others are used in the surrounding neighborhood. Page 86 of 166 g. The variance requested will not result in any encroachment into any access/utility easement or other common area. h. The variance requested will not conflict with any other provision of this Code. 3. Conditions on Variances. The Building Code Administrator or his/her designee shall attach such conditions, limitations and requirements to the variance as are necessary to effectuate the purpose of this section. 10.01.15-10.01.16. - Reserved. 10.01.17. - Administrative Variances from Requirements of Stormwater Management. A. Application Procedures. Upon showing that an increase or decrease in the rate, volume, and quality of surface runoff shall not impact adversely the water resources of the County, any person required to obtain a stormwater permit pursuant to Section 7.07.00 may apply for an administrative variance on a form provided by the County Engineer. 1. An application fee as established by resolution of the Board of County Commissioners shall accompany the application for administrative variance. 2. The application shall be in such form and contain such information and documentation as shall be prescribed from time to time by the County Engineer but shall contain at least the following: a. Name and address of applicant. b. Legal description of the property which is the subject of the application. c. All information and documentation that is required for permit application. d. All information and documentation that will justify the variance. 3. Within a reasonable period of time not to exceed thirty (30) calendar days after receipt of an application or receipt of additional information pursuant to this section, the County Engineer shall examine the application or information and notify the applicant of any apparent error or omission, and request such additional information as may be necessary for the processing of the application. 4. Within thirty (30) working days after an application has been determined to be complete, the County Engineer shall either grant the variance or deny the variance, with reasons clearly stated. 5. Any person aggrieved by a decision of the County Engineer may, within thirty (30) calendar days after the rendition of such decision, appeal to the Board of Adjustment pursuant to Section 11.11.00. B. General Standards for Issuance. The variance requested arises from a condition that is unique and peculiar to the land, structures, and buildings involved; that the particular physical surroundings, the shape or topographical condition of the specific property involved, would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the provisions of this Code are literally enforced; and the condition is created by the regulations of this Code, and not by an action or actions of the property owner or the applicant. The granting of the variance will not impair or injure other property or improvement in the neighborhood in which the subject property is located or endangered the public safety. The variance granted is the minimum variance that will make possible the reasonable use of the land, buildings, or structures. Page 87 of 166 The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. 10.01.18-10.01.20. - Reserved. 10.01.21. - Administrative Variances from Requirements of Driveway Regulations. A. The County Engineer may approve variances from any dimensional requirement pursuant to Section 7.05.06, Driveways, provided that no variance shall permit a dimension less than eighty percent (80%) of that required by Section 7.05.06, except that in the case of a lot of record and upon demonstration that no other road frontage or road access exists, a variance permitting one (1) driveway for such lot may be granted. B. The County Engineer shall not approve a variance except upon specific written findings of fact based directly upon the particular facts submitted to him showing that: A literal interpretation of the provisions of this article would deprive the applicant of rights commonly enjoyed by similar properties; The granting of the variance will not be detrimental or injurious to surrounding properties, will not substantially increase traffic congestion and will not endanger the public safety; The variance is the minimum variance that will make possible the reasonable use of the land, building, and structures; and The variance requested arises from a condition that is unique and peculiar to the land involved and that is created by this Code and not by the actions of the property owner. C. An appeal may be initiated by any person aggrieved by a decision of the County Engineer. A Notice of Appeal must be filed with the Board of County Commissioners and the County Engineer within ten (10) days after rendition of such decision. The filing of such notice will require the County Engineer to forward to the Board of County Commissioners any and all records concerning the appeal. The Board of County Commissioners shall consider the appeal at a regularly scheduled meeting within a reasonable time after a notice of appeal is filed. The Board may reverse, affirm, or modify the decision subject to the requirements of subsection 2. 10.01.22-10.01.24. - Reserved. 10.01.25. - Special Provisions Where Variance is sought to Requirements of Flood Damage Prevention. A. Generally. The Board of Adjustment as established by St. Lucie County shall hear and decide appeals and requests for variances from the requirements of Section 6.05.00, Flood Damage Prevention. The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of Section 6.05.00. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure. Page 88 of 166 B. Application Procedures. 1. A person desiring a variance from the requirements of Section 6.05.00, Flood Damage Prevention shall apply for a variance on a form provided by the Floodplain Administrator. 2. An application fee as established by resolution of the Board of County Commissioners shall accompany the application. 3. The application shall be in such form and contain such information and documentation as shall be prescribed from time to time by the Floodplain Administrator, but shall contain at least the following: a. Name and address of applicant. b. Legal description of the property which is the subject of the application. c. Size of the subject property. d. The purpose for the requested variance and a statement of the intended development of property if the variance is granted. e. A statement of the hardship imposed on the applicant by this Code and a statement of why the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located. 4. Within a reasonable period of time not to exceed thirty (30) days after receipt of an application or receipt of additional information pursuant to this Section, the Floodplain Administrator shall examine the application or information and notify the applicant of any apparent errors or omissions, and request such additional information as may be necessary for the processing of the application. 5. Within thirty (30) working days after an application has been determined to be complete by the Floodplain Administrator, he or she shall review the application, make a recommendation, and submit it to the Board of Adjustment. 6. Upon notification that an application for a variance is complete, the Board of Adjustment shall place the application on the agenda of a regularly scheduled meeting for a public hearing in accordance with Section 11.00.03. In reviewing the application for variance approval, the Board of Adjustment shall use the standards in Section 10.01.25(C) below. The Board may require the applicant to meet certain conditions before approval of the variance. 7. Within a reasonable time of the hearing, the Board of Adjustment shall issue its decision approving, approving with conditions, or denying the variance. S. The decision of the Board of Adjustment shall be mailed to the petitioner and filed with the Office of the Floodplain Administrator in accordance with Section 1 L00.04(F). 9. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the lowest floor being located below the base flood elevation (as high as $25.00 per $100.00 of coverage). 10. Any person aggrieved by the decision of the Board of Adjustment, or any taxpayer may appeal such decision to a court of competent jurisdiction as provided by the Florida Statutes. 11. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. Page 89 of 166 C. General Standards for Issuance. In passing upon such applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors, all standards specified in Section 6.05.00, and: 1. The danger that materials may be swept onto other lands to the injury of others; 2. The danger to life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, in the case of a functionally dependent facility; 6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area; 9. The safety of access to the property in times of flood for ordinary and emergency vehicles; 10. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and, 11. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. D. Ability to Impose Special Conditions. Upon consideration of the factors listed above and the purposes of Section 6.05.00, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of Section 6.05.00. E. Variances within Designated Floodways. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. F. Conditions for Variances. 1. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 2. Variances shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship; and, C. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (Ord. No. 11-031, Pt. B, 12-20-2011; Ord. No. 12-010, Pt. B, 2-14-2012) 10.01.26-10.01.29. - Reserved. Page 90 of 166 10.01.30. - Request for a Variance from Riverine Shoreline Protection Regulations. A. Request for Variance. Purpose and Intent. The purpose and intent of this section is to define the procedures and standards for granting a variance from Riverine Shoreline Protection Regulations in Section 6.02.02. Procedures. a. A request for variance shall be submitted by the applicant in writing to the Environmental Resources Director, or designee, in a form approved by the Environmental Resources Director and accompanied by a non-refundable fee, as established by the Board of County Commissioners. The request for variance shall include documentation of how the project qualifies for a variance. b. Within twenty (20) business days after an application has been submitted, the Environmental Resources Director shall determine whether the application is complete. If the Director determines that the application is not complete, the applicant will be notified in writing via certified mail of the application's deficiencies. The Director shall take no further action on the application unless the deficiencies are remedied. Within twenty (20) business days of the date the application the Environmental Resources Department shall provide notification by mail to all property owners who own real property directly affected by the proposed action and whose address is known by reference to the latest approved ad valorem tax roll, and to all property owners who own real property within five hundred (500) feet of the property directly affected by the proposed action whose address is known by reference to the latest ad valorem tax rolls. Notices shall be assigned a specific return date, not less than ten (10) calendar days from the date the notice was mailed, in order to be entered into the record for consideration in the variance decision. d. Within forty (40) business days of the date the application is determined complete, Environmental Resources Department staff and Public Works Department staff shall review and provide findings and a recommendation of approval, approval with conditions, or denial of the application to the Environmental Resources Director and the Public Works Director. The recommendation will be based on whether the project meets the Standards for Issuance of a variance from Riverine Protection Regulations (Section 10.01.30.13) and other applicable Land Development Code requirements or Comprehensive Plan policies. e. The Environmental Resources Director and the Public Works Director shall consider the application, findings, staff recommendation and any other information provided by the applicant, public and other interested parties. Within ten (10) working days after receipt of the recommendation from staff the Environmental Resources Director and the Public Works Director shall approve, approve with conditions, or deny the variance request. B. Criteria for Granting a Variance from Riverine Shoreline Protection Regulations. Standards of Review. A Variance from the Riverine Shoreline Protection Regulations in Section 6.02.02 may be granted if the applicant demonstrates to the satisfaction of the Environmental Resources Director that the project meets the following criteria: a. Unnecessary Hardship. Denial of the variance request would result in a hardship for the applicant (versus a mere inconvenience) such as, but not limited to, severe property loss or damage and unsafe conditions. Page 91 of 166 b. Circumstances beyond Control of Applicant. The conditions warranting a variance were created by circumstances, and/or actions beyond the applicant's control. No Adverse Impact to Adjacent Shorelines. Granting the variance will not adversely affect adjacent shorelines or injure other property or improvements in the immediate vicinity. This standard of review is based on physical findings and fact. Facts provided by other interested parties and the public will be given equal consideration. d. No Water Quality Impacts. Granting the variance will not adversely affect water quality or contribute to erosion or siltation of the adjacent waterbody and shorelines. Minimum Necessary. The project is the minimum necessary for reasonable protection and/or use of the land, building, or structures. f. Achieves the General Intent and Purpose of the Land Development Code and Goals, Objectives and Policies in the Comprehensive Plan. Conditions of Approval for Granting a Variance. When granting a variance request, the Environmental Resources Director, and the Public Works Director or designees, may impose conditions, including, but not limited to, limitations on areal extent and scope of the project, restricted use, planting requirements, conservation of additional shoreline buffer and erosion control, etc. which meet the intent and purposes of the Land Development Code and the Goals, Objectives and Policies of the St. Lucie County Comprehensive Plan. C. Expiration and Extension. Expiration. Variances shall be valid for one (1) year from date of issuance, unless a Building Permit is issued. Extension. Applications for a time extension must be made in writing to the Environmental Resources Director a minimum of thirty (30) calendar days prior to expiration of the variance. Variances may only be extended one (1) time for a maximum of twelve (12) months. D. Amendment. A variance from Riverine Shoreline Protection Regulations may be amended, extended, or modified only in accordance with the procedures established for its original approval. E. Appeal. Any party aggrieved by a decision may appeal such decision to the Board of Adjustment pursuant to Section 11.11.01 of this Code. (Ord. No. 13-038. Pt. A. 9-3-2013 : Ord. No. 14-019. Pt. A. 9-16-20141 10.01.31-10.01.34. - Reserved. Page 92 of 166 ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 7"72-462-2822 — Fax: 772-462-1581 hftr)://www.stlucieco.orq/iDiannina/iDiannina.htm A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Site Plan Re 0 Major Site Plan El Rezoning (straight rezoning) 1:1 Minor Site Plan El Rezoning (includes PUD/PNRD/PMUD) 0 Major Adjustment to Major Site Plan E:1 Rezoning with Plan Amendment El Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 El Major Adjustment to PUD/PNRD/PMUD 0 Future Land Use Map Change 11 Minor Adjustment to Major Site Plan 0 Comprehensive Plan Text Amendment El Minor Adjustment to Minor Site Plan 1:1 Minor Adjustment to PUD/PNRD/PMUD Planned Development o Planned Town or Village (PTV) El Planned Country Subdivision (PCS) • Planned Retail Workplace (PR■W) • Prelim. Planned Unit Develop. (PUD) Prelim. Planned Mixed Use Develop. (PMUD) Prelim. Planned Non -Res. Develop. (PNRD) Ei Final Planned Unit Develop, (PUD) 0 Final Planned Mixed Use Develop. (PMUD) El Final Planned Non -Res. Develop. (PNRD) Conditional Use I Ei Conditional Use i-i Major Adjustment to a Conditional Use Ei Minor Adjustment to a Conditional Use Variance 2 o Administrative Variance X, Variance El Variance to Coastal Setback Line Conditional Use 2.0 Variance 3. Rezoning / Zoning Atlas Amend 4. Comp. Plan Amendments 5. Class A Mobile Home Other I--] Administrative Relief El Class A Mobile Home El Developer Agreement (Submit per LDC 11.08.03) El Power Generation Plants F-1 Extension to Development Order El Historical Designation/Change6 El Land Development Code Text Amendment 7 El Plat Li Post Development Order Change El Re -Submittal # 8 11 Shoreline Variance Ei Stewardships — Send ing/Receiving Ei Telecom Tower (Submit per LDC 7.10.23) E:1 Transfer of Development Rights El Waiver to LDC/Comp. Plan Requirements 9 El Appeal of Decision by Administrative Official" Li Eminent Domain Waiver" 0 [WIM=1 6. Historical Design ation/Change 7. LDC Text Amendment Submittal 9. Waiver to LDC/Comp. Plan Requirements 10. Appeal of Decision by Administrative Official 11. Eminent Domain Waiver Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised May 6, 2013 Page 93 of 166 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Applicat"*ift Type: V6cC Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) ­� ­1 ❑ BASE REVIEW FEE: $ (A) ❑ CONCURRENCY FEE: $ (B) El ERD REVIEW FEE: $ (C) Ei UTILITIES $ 0 PER ACREAGE CHARGE: $ (D) Ei RESUBMITTAL FEE: (if applicable) $ (E) Ei OTHER 0 PRE -APPLICATION MEETING FEE: (F) $( .) deduction Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code El $950.00 —Methodology Meeting (H) (If Applicable) • Additional fees will be due if a 31d party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3rd party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; i.e,, Fire District and proof of payment will be required prior to project approval. Pre -Application Meetinoqu` t 19 L Applicant Name (printed) Signature of alYplicant INTAKE REVIEWER - SIGNATURA VERIFIED BY - SIGNATURE File #: Receipt #: Page 2 of 6 Revised March 15, 2016 (For office use only, DATE DATE Targetec Page 94 of 166 Submittal Requirements The following checklist is provided as a reminder. All Submittals MUST be in complete folded and collated sets. All applications must include the following: 0� Aoo|ioaton, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) '~ �Q Aerial Photograph — property outlined (available from Property Appraiser's office Property Deed _ Legal description, in M8Word fo at f ° LJ Property Tax Map —property outlined (el otroniocopy not required) Survey a4x36T I X�~-J ��7��fr«c5� �Z 2 CDs Of - -wiUh h|8S named according to the Required Nanning List. (attached) LJ CoDcurnennyDeferral /#fid8vit;or [] Description and analysis of the impact of the development on public facilities in oouordmOoo with the methodologies acceptable to the County (LOC Section 5.08.02). This will require a Transportation Assessment Vrafull Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: El Site Plan 24"x36" at Sn@ka of 1"=50' (12 copies- folded, not rolled) JP Boundary Survey (24x30)—Signed and Sealed (12originals) LJ Topographic Survey (24x30)—Signed and Sealed (12originals) [] Landscape Plan — Signed and Sealed /12originals) [] Traffic Impact Report (T\R)(4copies) if: o 50+ residential units o Development on N. OrS. Hutchinson |S|8Od o Non-residential (see LDC Section 11.02.09(4)\ El Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, reganjk*Sa of size, contains a wetland; o The property iaidentified nnthe "Native Habitat Inventory for 8LC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or8. Hutchinson Island Development Order Extension Applications only require the following: [] Letter mfjustification — submitted atleast 2weeks prior toexpiration. (L[)C11D2.00) [] Updated Traffic Analysis if applicable (4 copies) LJ Approved Resolution OrGyWOrder Final Plats only require 2 CDs (follow specifications & 4 copies of the following: LJ Main Application and back upmaterial LJ Approved Site Plan and copy ofapproved Development Order LJ Plat Include extra copies of Plat for applicable conditions of appn]x8\ (3 Original My|ars Needed for Recording) *Please note: Only osurveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided OO the property 8ppr@iser'svvebSite is not valid for our purposes. The legal description you provide us will be used in all future documentation. \fitiS inoornact, it may invalidate the results of any hR8ring(s). Page 3ofG Page 95 of 166 lgomm"in Legal Description: (Attach additional sheets if necessary — also must be provided in IVIS Word format on CD) Property location — Section/Township/Range: a -- 64 � E7 Property size — acres: 0. 2, Square footage: Future Land Use Designation: Zoning District:, 5' 4/ Description of project: (Attach additional sheets if necessary) C10 heN emm C.0 Type of construction (check all applicable boxes): 0 Commercial Total Square Footage: Existing El Industrial e-sidential Total Square Footage: Existing Proposed: Proposed: No. of residential units: Existing ;,;Ap1C) 0 Proposed: No. of subdivided lots: Existing Proposed: El Other Please specify: Number and size of out parcels (if applicable): Page 4 of 6 Revised March 15, 2016 01. Page 96 of 166 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right torequest additional information 10ensure acomplete review ofthis project. Al2plicant Information (Property Developer): Agent Information: Business Name: Business Name: Address: 2 A Address: (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Fax: Fax: Email: kb Email: Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all propeLty owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant oragent tnact nnbehalf ofsaid property owner. - Z'e( -4 2-4-Al, - Property Ow6er Name (Printed) Phone: Kmore than one owner, please submit additional pages STATE OF COUNTY OF � The foregoing instrument was acknowledged before me this K -day of by who is personally known to me or who has produced as identification. S I natu rl,61 Nbtary Type or Print Name of Notary Commission Number (Seal) Page 5of6 Revised March 15.201G C al I EXPIRES: December 20, 2022 Bonded Thru Notary Public UnderwdR,,.irs Page 97 of 166 H LA Reguired Document Namig_q List All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Required Name on CID Aerial Photograph PDF Aerial.pdf Application PDF Alication.pdf-- Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchElev.pdf Boundary Topographic Survey PDF BoundaryTopo.pdf Drainage Stormwater Plan PDF DrainagePIn.pdf Easements PDF Easements.pdf Environmental Impact Report PDF or Word EIR.pdf or EIR.cloc Existing Condition Plan PDF ExistingCond.pdf Flood Plain PDF or Word Flood.pdf or Flood. Doc Landscape Plan PDF Landscape.pdf Legal Description Word Legal.cloc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Mitigation.pdf Mobile Home Plans PDF or Word MobileHome.pdf or Mobilel-lorne.doc Paving Plan PDF Paving.pdf Permit (External) PDF Permit.pdf Plat PDF Plat.pdf or Plat.doc Property Deed _ PDF Deed.pdf Site Plan PDF SitePlan.pdf Traffic Impact Report PDF or Word TIR.pdf or TIR.doc Tree Survey PDF Tree.pdf Turtle Protection PDF or Word Turtle.pdf or Turtle.doc Utility Plan PDF Utiliity.pdf Vegetation Removal Application PDF Vegetation.pdf 0 Page 6 of 6 Revised March 15, 2016 Page 98 of 166 'Tariance Application Supplement 'Xefer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details 1. 1 (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) L� " Je- are-. � ccq, VCI&+" 4-"rev,, -V,eJL CO eC24114--� Q -4, rI 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: A-L c 1-c irx-c-" 3. State the specific hardship imposed on the owner by the LDC? ro 4. State reasons why this hardship is unique to the owner and why other property similarly -situated does not suffer from the same hardship. 41 -Ix ""n, tY D rL, 0 b fIr fYU-�,J 0 b r- s.'�4 6 /'T,21 (T f 6, p-kA� 5. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhood in which the subject property is located. -P(A,,,'>( WWI -C 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the sybJect property is located. , 0 1 - a 'f��ee 6 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. S, 6 (p"'24- RLty,-K- 'lob Page 1 of 3 Q. kk- Revised: February 5, 2013 Page 99 of 166 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. A CTS 9, Is this variap- ',pe, request located within a Homeowners or Property Owners Association?,/,YES NO If yes, then letter is required. For any varian equest within an area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. 10. Name of Association 11. Is there a letter from that association attached? YES NO Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. Per LDC Section 10.01.04(A)(7) If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Except for non-residential accessory structures in AG-1, AG-2.5 and AG-5, if the application is for 100% variance from the road frontage requirements, proof of recorded legal access shall be furnished with the application. 1 (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the public hearing. 7 Applicant or A6ent Name (printed) Signature Page 2 of 3 Revised: FebruarX 5, 2013 Page 100 of 166 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 4581249 OR BOOK 4283 PAGE 1156, Recorded 06/14/2019 09:41:08 AM Doc Tax: $3500.00 Prepared by and return to: Edward W. Becht, Esq. Attorney at Law Edward W. Becht, P.A. 321 South Second Street Fort Pierce, FL 34950 772-465-5500 File Number: GesnerGerner Purchase Price: 500,000.00 Above This Line For Recording Warranty Deed This Warranty Deed made this _LL_ day of June, 2019 between Joan A. Gesner, the unremarried surviving spouse of William J. Gesner whose post office address is 14 S. Henley Drive, Avondale, PA 19311, grantor, and George J. Gerner and Elizabeth A. Gerner, husband and wife whose post office address is 253 Marina Drive, Hutchinson Island, FL 34949, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the stun of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Saint Lucie County, Florida to -wit: Lot 26, Block 5, CORAL COVE BEACH, Section One, as per plat thereof as recorded in Plat Book 11, Pages 30A and 30B, Public Records of Saint Lucie County, Florida. Parcel Identification Number: 1425-701-0139-000/3 Subject to taxes and assessments for the year 2019 and all subsequent years; comprehensive land use plans, zoning and other land use restrictions, prohibitions and other requirements imposed by governmental authority, restrictions and matters appearing on the plat or otherwise common to the subdivision, outstanding oil, gas, and mineral rights of record without right of entry, and unplatted public utility easements of record, but reference hereto shall not serve to reimpose same. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2018. OR BOOK 4283 PAGE 1157 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: AP T ' Witness Nafne: Witness gamie: l�l. • ' i State of Pe s ivania County of al} an A. Gesner The foregoing instrument was acknowledged before me this �,'�L day of June, 2019 by Joan A. Gesner, who dis personally known or [] has produced a driver's license as identification. �4wat- Notar#-Public,' a " ckift Printed Name: My Commission Expires: AhFG-61 R 1 uam• UM Vuak M!� Coni"WR Erb JMi X. ant CORAL COVE BEACH IH OWNERS S1 1@ TIOIIM, HMG. 219 Marina IlDuriiive June 19, 2020 Forl, 11Fl1iieirce,„ 111'°IIL. 34949 To Whom it May concern; Coral Cove Beach Owners Association was formed for the sole purpose of administering and maintaining certain beach access granted to it on behalf of the residents of the Coral Cove Beach Plat -Section 1. The association has no other function and asserts no other authority. Regarding the request for variance on the property located at 253 Marina Drive, North Hutchinson Island, the Association has no interest nor objection to said request. Please forward any inquires to: coralcovehomeowners@gmail.com. Respectfully, 2��A 4,J David A. Israel President, Coral Cove Beach Owners Association, Inc. Page 103 of 166 John Doe 123 Anywhere St. Anywhere, USA 12345 Public Hearing Date: Wednesday, August 26, 2020 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL. 34982 Meeting Time: 9:30 AM (or soon thereafter) Applicant/Property Owner George & Elizabeth Gerner 253 Marina Drive Fort Pierce, FL. 34949 Proiect Location 253 Marina Drive Fort Pierce, FL. 34949 Future Land Use RU (Residential Urban) Existing Zoning RS-4 (Residential, Single -Family - 4du/ ac) Staff's Recommendation Denial Staff Kristopher M. McCrain Tel (772) 462-1265 Email McCrainK@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, FL 34982 Subject ,are I �_— Public Hearing Notice Notice of Proposed Variance Request ^ Subject Parcel 500ft Notification Buffer Gerner Pool Variance BA - 6202025767 125 250 375 500 Feet Aerial Aerial date: 2018 Map prepared on August 4, 2020 This notice is provided because you are an owner of property within 500 feet of the Proiect Description The petitioner has requested a variance from the provisions of Section 7.04.01 (Table 7-10) - Lot Size and Dimensional Requirements of the St. Lucie County Land Development Code. If approved the variance will allow for the construction of a pool to encroach into the required mini- mum 15-foot rear yard setback by no more than 3.0 feet, providing a total rear yard setback of 12 feet to the water's edge for the swimming pool, within the RS-4 (Residential, Single -Family - 4 du/ ac) Zoning District. The St. Lucie County Board of Adjust- ment (BOA) has the power to authorize variances from the dimensional require- ments in accordance with the provisions of Section 10.01.00, of the St. Lucie County Land Development Code. All interested persons will be given an opportunity to be heard. The public will be able to physically attend this meeting, but seating in the Chambers will be regu- lated to comply with social distancing protocols. Members of the public that attend are encouraged to wear masks or similar devices, covering the nose and mouth. If residents are concerned about COVID -19 or have health concerns, please refrain from coming to public meetings in person. You can contact Kristopher McCrain, Project Manager, via phone or email as an alternative to making public comments in person. Public comment for upcoming meetings can be submitted several ways: Email: mccraink@stlucieco.org or Email: publiccomment@stlucieco.org Residents without access to the internet can comment by phone at 772-462-1687 and TDD (telecommunications device for the deaf) number at 772-462-1428. Writ- ten comments to the Board of Adjust- ment should be received by the Planning and Development Services Department - Planning Division by noon prior to the scheduled hearing. Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772-462-1546 or TDD 772-462-1428 Date Mailed 08/14/2020 Page 104 of 166 PLANNING AND DEVELOPMENT SERVICES DEPARTMENT Planning Division Please Return This Form To: St. Lucie County Planning & Dev. Serv. Dept. -Planning Div. ATTN: Kristopher McCrain, Project Manager 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email: McCrainK(a)-stlucieco.org or Fax (772) 462-1581 PROPOSED REQUESTED VARIANCE: Petition of George and Elizabeth Gerner for a Variance from the Provisions of Section 7.04.01 (Table 7-10) - Lot Size and Dimensional Requirements of the St. Lucie Project County Land Development Code. If approved, this variance will allow Description: for the construction of a pool to encroach into the required minimum 15- foot rear yard setback by no more than 3.0 feet, providing a total rear yard setback of 12 feet to the water's edge for the swimming pool, within the RS-4 (Residential, Single -Family - 4 du/ac) Zoning District. Project Location: 253 Marina Drive, Fort Pierce, FL 34949 Current Zoning:RS-4 (Residential, Single-Family-4 du/ac) File No: BA-6202025767 If you wish to comment, please check only one of the three following statements and return no later than Friday, August 21, 2020. Forms returned without a name and address will not be considered. All returned forms are a matter of public record and are available for viewing upon request. Please attach additional pages with comments, if necessary. I AM IN FAVOR OF THE REQUESTED VARIANCE I AM NOT IN FAVOR OF THE REQUESTED VARIANCE I HAVE NO OPINION ABOUT THE REQUESTED VARIANCE I certify that as of the date written below, I am a property owner within 500 feet of the requested Variance. Name (Please Print): Address: Date: Signature: Please call, Kristopher McCrain, Project Manager at (772) 462-1265 if you have any questions. %e:v1 r r­j 18, 2,,)"n1, Page 105 of 166 Gerner Pool Variance Posted Signs Page 106 of 166 Page 107 of 166 COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS - SIGN AFFIDAVIT STATE"OF ELORIDA . .... .. COUNTY OF ST. LUCIE n being first duly sworn deposes and states: 1. I am the owner or the agent for the project known as Gerner Pool Variance for the following petition: File No. BA - 6202026767 2, 1 hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E of the St. Lucie County Land Development Code for the Board of Adjustment public hearing to be conducted by Wednesday, August 26, 2020 on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by the St Lucie County Planning and Development Services - Planning Division on Wednesday, August 12, 2020. The following required documentation is attached: A. Dated Photo submitted electronically (Close up) —/j`/ B. Dated Photo submitted electronically (Distant) Further affiant sayeth not. AA/v,,--, Signature of dilgt STATE OF FLORIDA , COUNTY OF IN ��-- Th , foregoing instrument was acknowledged before me this t day ofa20)0, by , 4, kft­CQ . Said person _ is personally known 4b me, _produced a driver's license issued bp a state of the United States within the last five (5) years as identification, or (�fi6d6c7e;d-'other —idmtifimtto-n-;-3o wit 'HA -INA y, ;, , 1, V., - I GRAM-RAHMING N oPublio, State M'e 0NIMISS ION # GG 275060 t ry EXPJRES; Dccelllber20,2022 Typed or Printed Nbme of Notary 0 Thro Nolafy Public Undorw�(Ors Commission No.: W My Commission expires: STd, � , . LUCIE � ), I Page 108 of 166 Page 110 of 166 ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA Wednesday, August 26, 2020 NOTICE OF PROPOSED VARIANCE REQUEST Notice is hereby given in accordance with Section 11.00.03 of the St. Lucie County Land Development Code and in accordance with the Provisions of the St. Lucie County Comprehensive Plan that the fallowing applicant has requested that the St. Lucie County Board of Adjustment consider the following request: PURPOSE: A petition of George and Elizabeth Garner for a variance from the provisions of Section 7.04.01 (Table 7-10) - Lot Size and Dimensional Requirements of the St Lucie County Land Development Code within the RS-4 (Residential, Single -Family — 4 Au/ac) Zoning District, to allow construction of a pool to encroach into the required minimum 15-foot rear yard setback by no more than 3 feet, providing a total rear yard setback of 12 feet, for the following described property: LOCATION: 253 Marina Drive, Fort Pierce, FL. 34949 PARCEL I.D.:1425-701-0139-000-3 FILE NUMBER: BA-6202025767 The PUBLIC HEARING on this item will be held before the St. Lucie County Board of Adjustment an Wednesday, August 26, 2020 beginning -at 9:30 am or as soon thereafter as possible in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida. As of the date of this notice the Board intends to conduct the August 26, 2020 public hearing at the County Commission Chambers with the public able to physically attend In person, as outlined above. The public Is advised to contact the County at (772) 462-2822 or visit the County's website at httpsJ/ voymstlucieco.gov the day before the meeting for any notifications recording changes in the meeting schedule or format necessitated by the Covid-19 pandemic. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. The public will be able to physically attend this meeting, but seating in the Chambers will be regulated to comply with social distancing protocols. Members of the public that do attend are required to wear masks or similar devices, which cover the nose and mouth. If residents are concerned about COVID-19 or have health concerns. please refrain from coming to public meetings In person. You can contact Kristopher McCrain, Project Manager via phone or email as an alternative to making public comments in person. Public comment for upcoming meetings can be submitted several ways: • Email at McCrainKQsducieco.org; • Email at publiccomment@stlucieco.org: or • Residents without Internet access can comment by phone at (772) 462-1687 and TDD (telecommunications device for the deaf) number at (772) 462-1428. Written comments to the Board of Adjustment should be received by the Planning and Development Services Department- Planning Division by noon on the day prior to the scheduled hearing. Comments will be distributed to the Board in advance of the meeting and included in the record provided the comments comply with the County's rules. Comments received by phone will be either played at the Board meeting or transcribed in written farm provided that the comments comply with the County's rules. The petition file is available for review at the Planning and Development Services Department — Plan ono Division offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida during regular business hours. Please call (772) 462-2822 or TOO (772) 462-1428 if you have any questions or require additional information about this petition. The St. Lucie County Board of Adjustment has the power to authorize variances from the dimensional requirements of the St. Lucie County Land Development Cade, in accordance with the Provisions of Section 10.01.00, of the St. Lucie County Land Development Coda. The proceedings of the Board of Adjustment are electronically recorded. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at a meeting or hearing, he or she will need a record althis, proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings Is made, which record includesthe testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be Piano in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time to a date -certain. Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Risk Manager at least forty-eight (48) hours prior to the meeting at (772)462-1546 or T.D.D.1772)462-1428. BOARD OFADJUSTMJE,NgTI ST.LU CWNTY,NCCCHlijnj 166 PUBLISH DA : Friday, August 14, 2020 The following map depicts the previously approved variances within the Coral Beach Subdivision. The proceeding table details these variances as depicted in the map. # Name Approved Description To allow the construction of a single-family dwelling to exceed the 30% 1 Kimberly J. 6/27/2012 Max Lot Coverage by buildings by no more than 12%. Also, allowing the Summerlin pool deck to encroach 8 feet into the 15 feet min rear setback in the RS-4 Zoning District. Friedrich Exceed the 30% Max Lot Coverage by no more than 5%. Also allowing 2 Residence 9/27/2017 the pool to encroach 4.7 feet into the 15 feet min rear setback in the RS-4 Zoning District. Allow a pool to encroach 2-feet and a pool enclosure to encroach 5-feet Edward & 2/24/2016 into the required min 15-foot rear setback. Additionally, allowing the 3 Sandra Puckett existing SF dwelling to encroach 0.3 feet into the required 25-foot front yard setback in the RS-4 Zoning District. Page 112 of 166 David & Colene 5/25/2005 Permit the reconstruction of a SF dwelling to exceed the 30% Min Lot 4 Israel Coverage by 0.68% (60ft). Kenneth & 3/28/2007 Allow construction of a 20 x 40 foot flat open deck, to encroach 15-feet 5 Sandy Carrier into the min 15-foot rear setback. Allow construction of a pool and screen enclosure to encroach 5-feet into Franklin & 5/25/2005 the required min 15-foot rear setback. Also, allow the continued use of a 6 Pauline Roan SF dwelling to exceed the 30% lot coverage by buildings, by no more than 6.12% (539 Sq. Ft.). Allow a SF Dwelling/Detached Garage to exceed the 30% Max lot Donald & Linda 12/19/2018 coverage by no more than 3%. Also allow a pool and pool deck to 7 Hinkle encroach into the 15 foot rear setback by 6 feet, providing a total rear setback of 9 feet for these structures. Christopher Allow for construction of a pool screen enclosure to encroach into the 8 Workman 2/27/2019 required 15-foot rear setback by no more than 5 feet, providing a total rear Variance setback of 10 feet for these structures. Matthew Allow for construction of a SF dwelling/detached garage to exceed the 9 Reeves 7/23/2008 30% maximum lot coverage by 9.03%, as well as allow these structures to Variance encroach 4-feet into the front setback, 1.4-feet into the side yard setback, and 3.33-feet into the rear setback. Page 113 of 166 ITEM NO. (ID # 2020-50103) S54fo LU�',.-a�,w DATE: 8 26 2020 AGENDA REQUEST RES NO: BOA Resolution-2020-006 o' TO: Board of Adjustment PRESENTED BY: Bethany Grubbs, Planner SUBMITTED BY: Planning & Development Services SUBJECT: United Teleports - SES Variance BACKGROUND: Public Hearing of UT Land Company, LLC, for the project to be known as United Teleports - SES, request for a Variance from the provisions of Section 7.04.01 (Table 7-10) — Lot Size and Dimensional Requirements of the St. Lucie County Land Development Code to allow multiple existing structures to encroach into the minimum required yard setbacks for property located within the IH (Industrial, Heavy) Zoning District. If approved, this request will allow fifteen (15) satellite antennas to remain within the required minimum side and/or rear yard setbacks, a 22 foot in diameter water storage tank to remain within the required minimum rear yard setback, and a +/- 368 square foot one-story concrete pump house to remain within the required minimum rear yard setback. PREVIOUS ACTION: N/A RECOMMENDATION: Staff has reviewed this petition and determined that it does not conform to the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. Staff is, therefore, recommending denial of the requested variance. COMMISSION ACTION: RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Page 114 of 166 Coordination/Signatures Date: August 20, 2020 Benjamin Balcer, Planning & Development Services Assistant Director Date: August 21, 2020 Katherine Barbieri, Assistant County Attorney III Page 115 of 166 PLANNING A DEVELOPMENT ,S ER'VIC E BOARD OF ADJUSTMENT M]EMORANDIJM TO: Board of Adjustment THROUGH: Linda Pendarvis, Planning Manager Kori Benton, AICP, Assistant Planning Manager FROM: Bethany Grubbs, Planner DATE: August 16, 2020 SUBJECT: Petition of UT Land Company, LLC, for the project to be known as United Teleports — SES, for a variance from the provisions of St. Lucie County Land Development Code Section 7.04.01 (Table 7-10) Lot Size and Dimensional Requirements, to allow multiple existing structures to encroach into the minimum required yard setbacks. ITEM NO.: 2020-50103 AGENDA 6.C. NO.. Applicant: Renato Dias UT Land Company, LLC 19000 NE 5th Avenue North Miami Beach, FL 33179 Agent: Michael Sanchez, AICP Managed Land Entitlements, LLC 3710 Buckeye Street, Suite 100 Palm Beach Gardens, FL 33410 Location: 10161 Range Line Road, Fort Pierce, FL 34987 Parcel ID Number: 4201-113-0001-030-2 Parcel Size: 3.79-acres Zoning District: IH (Industrial, Heavy) Future Land Use: IND (Industrial) Purpose: The purpose of this variance is to allow for fifteen (15) existing satellite dishes, a pump house, and water storage tank to encroach into the required side and/or rear setbacks. Existing Use: Satellite communications facility Utilities: Well and septic system Page 116 of 166 (2019) Site Aerial UNITED TELEPORTS Board of Adjustment Staff Report United Teleport— SES Variance (BA-6202025770) August 16, 2020 United Teleports, Inc. ("UT"), the primary lessee of the Facility, is headquartered in Miami, Florida, and provides innovative and customized satellite telecommunications services via its teleports to Cable, Satellite, Internet/OTT, Terrestrial Television Broadcasters and Telecom providers in the United States, Latin America, and Caribbean. Strategic partnerships with teleports worldwide extend the reach of these services to Europe, Africa, the Middle East and Asia. United Teleports, Inc. currently maintains 20 employees on -site at this facility. SES SES, a second lessee of the Facility, is a global satellite service provider with headquarters in Betzdorf Luxembourg, operating satellites in the geostationary and medium earth orbits that develops primary use products for the aeronautical and maritime industries providing both critical communications paths and connectivity for the customer which includes internet access to their customers. SES has partnered with United Teleports in St Lucie County to provide control of satellites serving the Caribbean and South American markets. BACKGROUND: The subject 3.79-acre property is located at 10161 Range Line Road, approximately 0.9-miles south of Glades Cut - Off Road. The parcel is zoned IH (Industrial, Heavy), which is consistent with the IND (Industrial) Future Land Use designation and is located outside of the Urban Services Boundary (USB). On June 11, 2020, the applicant attended a Pre -application meeting with the Development Review Committee (DRC), to discuss site improvements. At which time, it was identified that multiple existing communications fixtures were located within the required 30-foot side setback, including one (1) that encroaches into the required 40-foot rear setback. Additionally, it was identified that the development's pump house and a water storage tank needed to be included in this variance request. County records do not indicate that a building permits were issued for the pump house and water storage tank. County records do not indicate that any of the structures have been permitted; therefore, all of the structures encompassed within this variance request will be subject to after -the -fact permitting. The applicant has submitted a Site Plan denoting the removal of fifteen (15) of the thirty-three (33) ground -mounted satellite dishes that are in conflict with parking, drive aisles, and/or turning radii and/or are located within the required setbacks as identified with a red "X" as depicted in Exhibit #1 below. Page 117 of 166 Board of Adjustment Staff Report United Teleport— SES Variance (BA-6202025770) August 16, 2020 Exhibit #1 Satellite Removal Plan ..... .,...0 .. Y _. U Mvur ' .. ., wu ky .mwr r 4� Min " � ' " � `� :1� f i `k+ d •/ � �1F5°i�. � i �.M!"7!�7:"fP� rr M,�iW'4M��MAW dN MkM ,� k ......... ...„ a ors ... '0 40Al If approved, this variance request will allow fifteen (15) of the remaining eighteen (18) satellite antennas to remain within the required minimum side and/or rear yard setbacks, a 22-foot in diameter water storage tank to remain within the required minimum rear yard setback, and a +/- 368 square foot one-story concrete pump house to remain within the required minimum rear yard setback. The setbacks shall be in accordance with the requested / existing setbacks outlined in the chart below. IH (Industrial, Heavy) Lot Size and Dimensional Requirements Table 7-10 Lot Size and Dimensional Requirements Min Min Minimum Yard Max Zoning District Lot Size Lot Min Road Frontage g Buildin g Max Lot Coverage Side a (st) Width Front Rear Side r Corner Aeight Industrial, IH 43,560 200' 60' 50' 40' 30' 50' 80, 50% Heavy Note: The precise extent of overhang for each of the westward satellite dishes is not feasible to calculate. The measurement would be according to the angle for which each antenna is angled at said time; therefore, the approximate 5-foot overhang is based on the scaled (1"=20') Site Plan drawings provided by the applicant. 3 Page 118 of 166 Board of Adjustment Staff Report United Teleport— SES Variance (BA-6202025770) August 16, 2020 Variance Request Requested / Existing Setbacks Structure Side Setback from the Base (West) Rear Setback from the Base (North) Rear Setback from the 5' Overhang (North) Satellite #1 16' 6" 34' 6" 29' 6" Satellite #2 16' 6.5" - - Satellite #3 16' 1.5" - - Satellite #4 15' 8.5" - - Satellite #5 15' 8.8" - - Satellite #6 151211 - - Satellite #7 14' 10" - - Satellite #8 15' 3" - - Satellite #9 17' 6" - - Satellite #10 - 42' 1" 37' 1" Satellite #11 - 41' 8.5" 36' 8.5" Satellite #12 - 41' 7" 36' 7" Satellite #13 - 44' 4" 39' 4" Satellite #14 - 44' 3" 39' 3" Satellite #15 - 44' 4" 395411 Pump House - 35' 2" - Water Storage Tank - 33' 3" - Exhibit #2 Aerial of Remaining Antennas and North Parcel Access Road (Side Setback Encroachment) �lr %D//G „!/%�l%/�w /i/r A il>"M , � k—����w���s' r ar'r'�Ym4�m..,,, �»vr� d...,,.����i ;f'�JV�i��i��/f�Yll��l� Page 119 of 166 Board of Adjustment Staff Report United Teleport— SES Variance (BA-6202025770) August 16, 2020 Exhibit #2 Aerial of Remaining Antennas, Pump House, and Water Storage Tank (Rear Setback Encroachment) APPROVAL HISTORY: Previous Site Plan Approvals On August 11, 1998, Sky Latin America, LLC was granted Minor Site Plan approval through CD Order 98-013 to construct a 22,676.5 square foot satellite transmission facility on the subject property. On February 4, 1999, Sky Latin America, LLC was granted a Minor Adjustment to the Minor Site Plan to reduce the total building footprint and to relocate the building's air conditioning units along the north property line. Pending Site Plan Adjustment UT Land Company, LLC and SES are currently working with the County to adjust their Site Plan, and obtain related building permits, to allow for certain improvements to the facility including (1) an elevated steel structure platform to be located on the south side of the existing building that will support additional satellite antennas mounted to the top of the platform; (2) a new mezzanine storage area; (3) minor site improvements; and (4) landscape upgrades Among other things, these pending improvements and site plan amendment will bring the facility into conformance with the County's Land Development Code to the greatest extent possible. STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a variance from the St. Lucie County Land Development Code, the Board of Adjustment shall consider and make the following determinations: 1. The variance requested arises from conditions that are unique and peculiar to the land, structures, and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the Provisions of Chapter 7 are literally enforced; that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Chapter 7, of this Code, and not by an action or actions of the property owner or the applicant. Page 120 of 166 Board of Adjustment Staff Report United Teleport— SES Variance (BA-6202025770) August 16, 2020 The variance does not arise from conditions that are unique and peculiar to the land and physical surroundings and is not the result of an unnecessary hardship for the owner, lessee, or occupant. This is a 660' x 250', rectangular parcel and is conforming with regard to the minimum lot width (200') and area (43,560 sq.ft.) requirements of the LDC. The subject property has no unique environmental conditions, nor are there any known regulatory conditions that would prevent the satellite structures from being placed in such a manner that would comply with Code. This existing satellite communications facility was originally approved in 1998. The satellite structures started emerging in late 2016. While the satellites are required to aim south, this is not a hardship that would prevent reasonable use of the land. This hardship is created by the actions of the property owner. The property owner did not receive authorization prior to installing the existing satellite structures and now the site is limited in space, not only for expansion, but even to accommodate the existing satellites. 2. The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The variance is neither expected to harm other property or improvements in the neighborhood, nor is it expected to impair an adequate supply of light or air to adjacent public streets, increase the danger of fire, or endanger the public safety. This is a remote area and the remaining antennas are located at least 14'-10" from the abutting property to the north and are adjacent to an access road for the northern parcel. The closest remaining antenna is located 29' 6" from the overhang (34'-6" from the base) to the property to the west, which is a 125-acre vacant pasture. Adjacent Properties Location Future Land Use Zoning District Existing Land Use North IND (Industrial) IH (Industrial, Heavy) Vacant Industrial South IND (Industrial) IH (Industrial, Heavy) Vacant Industrial Adjacent NCD (New Community MPUD (Master Planned Parcels East Development) — City of PSL Unit Development) — Undeveloped City of PSL West IND (Industrial) IH (Industrial, Heavy) Vacant Industrial 3. The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structures. The requested variance is not the minimum needed to make possible the reasonable use of land, building, and structures that would result in an unnecessary hardship for the property owner. The satellite communications facility has been in operation for several years and this variance is to memorialize existing structures that were placed within the minimum required rear and side yard setbacks because the structures did not receive prior authorization via a building permit. The need for the requested variance is to allow the applicant to apply for a building permit for the existing structures in their current locations. The applicant has the ability to relocate and retain some of the satellite dishes on the proposed platform proposed by a concurrent application for a Site Plan Adjustment. Additionally, reconfiguration of the site's infrastructure could permit placement of the satellite structures within the buildable envelope. For example, 6 Page 121 of 166 Board of Adjustment Staff Report United Teleport— SES Variance (BA-6202025770) August 16, 2020 the required parking area could be relocated to the east of the existing building and the stormwater maintenance area could be relocated elsewhere on site. 4. The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The variance desired is opposed to the general spirit and intent of the St. Lucie County Land Development Code (LDC). The encroachments are in conflict with Section 7.04.01 of the St. Lucie County Land Development Code. Pursuant to Section 7.04.01, which states, "No structure shall be constructed on a lot that is less than the minimum yard requirements as shown in Table 7-10 for the zoning district in which it is located". The variance desired is not entirely opposed to the general spirit and intent of St. Lucie County Comprehensive Plan. Satellite Communications is classified as a Targeted Industry by St. Lucie County. The existing location of the remaining antennas will allow a Targeted Industry business to continue operations with the County which is consistent with Objective 1.1.13 of the County's Comprehensive Plan, entitled "Economic Sustainability", which encourages the promotion of a sound and resilient local economy and the expansion of existing businesses and industrial opportunities. RECOMMENDATION: Staff has reviewed this petition and deterinined that it does not conform to the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. Staff is, therefore, recommending denial of the requested variance. Page 122 of 166 Board of Adjustment Staff Report United Teleport— SES Variance (BA-6202025770) August 16, 2020 Suggested motion to recommend approval/denial of this requested variance. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF UT LAND COMPANY, LLC, FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01 (TABLE 7- 10) LOT SIZE DIMENSIONAL REQUIREMENTS, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO ALLOW FIFTEEN (15) SATELLITE ANTENNAS TO REMAIN WITHIN THE REQUIRED MINIMUM SIDE AND/OR REAR YARD SETBACKS, A 22-FOOT IN DIAMETER WATER STORAGE TANK TO REMAIN WITHIN THE REQUIRED MINIMUM REAR YARD SETBACK, AND A +/- 368 SQUARE FOOT ONE-STORY CONCRETE PUMP HOUSE TO REMAIN WITHIN THE REQUIRED MINIMUM REAR YARD SETBACK, WITHIN THE IH (INDUSTRIAL, HEAVY) ZONING DISTRICT, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF UT LAND COMPANY, LLC, FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01 (TABLE 7-10) LOT SIZE DIMENSIONAL REQUIREMENTS, OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO ALLOW FIFTEEN (15) SATELLITE ANTENNAS TO REMAIN WITHIN THE REQUIRED MINIMUM SIDE AND/OR REAR YARD SETBACKS, A 22-FOOT IN DIAMETER WATER STORAGE TANK TO REMAIN WITHIN THE REQUIRED MINIMUM REAR YARD SETBACK, AND A +/- 368 SQUARE FOOT ONE-STORY CONCRETE PUMP HOUSE TO REMAIN WITHIN THE REQUIRED MINIMUM REAR YARD SETBACK, WITHIN THE IH (INDUSTRIAL, HEAVY) ZONING DISTRICT, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC) 8 Page 123 of 166 jMANAGED LAND -PENTITLEENTS Strategic management of land development design, entitlements and permitting. UNITED TELEPORTS/SES ST. LUCIE COUNTY VARIANCE APPLICATION FOR EXISTING ANTENNAS PROJECT NARRATIVE/JUSTIFICATION STATEMENT June 23, 2020 REQUEST SUMMARY A request by United Teleports, Inc., and SES (collectively, the "Applicant"), on behalf of UT Land Company, LLC, property owner, for approval by St. Lucie County (the "County') of a variance for the approximately 3.79-acre United Teleports facility (the "Facility") in order to allow certain existing satellite antennas to remain within the required side and rear setbacks. The Facility is located on the west side of Range Line Road approximately 0.9-miles south of Glades Cut -Off Road at 10161 Range Line Road. PROJECT HISTORY The latest site plan for Facility was approved by the County in February of 1999. The Facility is comprised of a primary structure with an approximately 29,959 square -foot footprint and 16,704 square feet of enclosed building area. The unenclosed portion of the structure is open to the sky and houses large satellite antennas mounted to the ground within the building courtyard and on the roof of the structure. In addition to the primary structure, the Facility comprises ancillary structures such as a guardhouse, firewater pump house and fire water tank, and contains paved parking spaces and drive aisles as well as stormwater areas along the front (east), south and rear (west) sides of the Facility. Since the original site plan approval for the Facility in 1999, several ground mounted satellite antennas have been erected on the Facility grounds, some of which have been installed on large concrete foundations. The Applicant believes that these antennas may have been installed without permits and, thus, is working with the County to obtain approval of said antennas by way of building permits to be submitted. FUTURE LAND USE AND ZONING The subject property has a future land use designation of Industrial (IND) and a zoning designation of Industrial Heavy (IH). UNITED TELEPORTS United Teleports, Inc. ("UT"), the primary lessee of the Facility, is headquartered in Miami, Florida, and provides innovative and customized satellite telecommunications services via its teleports to Cable, Satellite, Internet/OTT, Terrestrial Television Broadcasters and Telecom providers in the United States, Latin America e3710 BUCKEYE SFREEF, SUITE 100, PAI._IM PEACH GAMIENS, FI._ 33410 - E 561.568.8045 Page 124 of 166 Planning & Development Services Department Planning Division 23O0Virginia Avenue, Ft. Pierce, FL 34982 ht A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment, Site Plan Rezonin g O Major Site Plan O Rezoning (straight rwzoning) O Minor Site Plan O Rezoning (includes PUO/pNF!D/PK8UO) U Major Adjustment toMajor Site Plan O Rezoning with Plan Amendment O Major Aduednnenttm Minor Site Plan Comprehensive Plan Amendment 4 O Major Adjustment to PUD/PNRD/PMUD O Future Land Use Map Change O Minor Adjustment tOMajor Site Plan O Comprehensive Plan Text Amendment O Minor Adjustment toMinor Site Plan O Minor Adjustment toPU[xPNRCVPMUD Planned Development O Planned Town orVillage (PTV) O Planned Country Subdivision (PCS) O Planned Retail Workplace (PRVV) O Prelim. Planned Unit Develop. (PUD) O Prelim. Planned Mixed Use Develop. (PMUD) O Prelim. Planned Non -Res. Develnp,(PNRD) O Final Planned Unit Develop. /PUD> O Final Planned Mixed Use Develop. (PMUD) O Final Planned Non-Res.Develop. (PNRU) Conditional Use I O Conditional Use O Major Adjustment toa Conditional Use O Minor Adjustment tooConditional Use Variance u O Administrative Variance N Variance O Variance toCoastal Setback Line Other O Administrative Relief O Class Mobile Home s O Developer Agreement (Submit per LDC 11.UD.O3> O Power Generation Plants O Extension to Development Order O HiShDrima|OesiOnodion/ChanQe6 O Land Development Code Text Amendment ' O Mat O Post Development Order Change a O Re -Submittal O Shoreline Variance O StewmrdshiVs—Sending/Neoeiving O Telecom Tower (Submit perL[}C 7.10.23) O Transfer of Development Nights El Waiver hmLDC/Comp. Plan Requirements o O Appeal of Decision by Administrative Official" O Eminent Domain Waiver" ADD|icathmMSuDDlementPa#kacies 1. Conditional Use 6. Hiatorica|Desi 10. Appeal of Decision by 2. Variance 7. LOCText Amendment Administrative Official 1 Rezoning / Zoning Atlas Amend. 8. Re- Submittal 11.Eminent Domain Waiver 4. Comp. Plan Amendments 9� Waiver to L[]C/Connp. Plan 5. Class AMobile Hume Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s)' Page 1of6 Revised May 8.2O13 Page 125 of 166 - ------------ FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division ....................... ...................... ---------- Application Type: Variance SUpplernental Application Package No.: (Please provide separate fee calculation worksheet for each application type) BASE REVIEW FEE: $ 850,00 (A) CONCURRENCY FEE: $ (B) Fi ERD REVIEW FEE: $ (C) UTILITIES $- 0 RESUBMITTAL FEE: (if applicable) worliffim Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $ (D) $ (E) $ 850,00 deduction aim SEPARATE CHECK FOR TRAFFIC IMPACT STUDY --'ordinance No. 06-047; amending Chapter 5.11 t01 of the St. Lucie County Land Development Code -�i $950-00 — Methodology Meeting (H)(If Applicable) • Additional fees will be due if a 3111 party traffic study review is needed. These services will be invoiced applicant upon receipt of quote of services from 31d party, • Please note. For all projects requiring public notice, you will be invoiced by St. LUcie County Planni Division. • Refer to "PUNic Procedures". • Other fees may be applicable by other external reviewing agencie,; i.e. Fire D�i and 7proof of payrne will be required prior to project approval. Pre -Application Meeting R qUest u'r Land (brnpany, LLQ by Renato Dias Manager icant Name (Printed 46WATUR Page 2 of 6 Revised March 15, 2016 pill lug 154227 W IIU DATE: DATE Sion Lure of aDDlicant Page 126 of 166 Submittal Requirements The following checklist hsprovided meareminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: CX1 Aop|ication, completed in black ink, with property owner signature(s) and notary seal /1 original and 11 copies) IN Aerial Photograph — property outlined (available from Property Appraiser's office IN Property Deed IN Legal description, in MS VVVnd formot, of subject property ° Q0 Property Tax Map — property outlined (electronic copy not required) NQ Survmy(24x30) LJ 2CDs of all documents submitted - with files named according tothe Required Naming List. (attoohed) [] COnCurrenoyDeferral Affidavit; or LJ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment orufull Traffic Impact Report, ifapplicable, Site Plan and Planned Development Applications must also include: IN Site Plan 24"x3G"ata scale of 1~=50' (12 copies- folded, not rolled) IN Boundary Survey C24x3G\—Signed endSeuled(12Vriginaks) [] Topographic Survey (24x36)—Signed andSealmd/12originmls> [] Landscape Plan — Signed gndSealedU2ohginaks> [] Traffic Impact Report (T|N)(4copies) if: o 5O+residential units o Development on N. VrS. Hutchinson Island o Non-residential (see LDC SectiVn11,D2.O9(4)) [] Environmental Impact Report /4copies) ��/SeeL[}C Seotion11.O2.O9(5)) • The property ieten acres Orgreater • The property, regardless ofsize, contains awetland; • The property iaidentified onthe "Native Habitat Inventory for 8LC''; • The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; • Development VnN.orS.Hutchinson Island Development Order Extension Applications only require the following: Q0 Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02,06) [] Updated Traffic Analysis if applicable /4 copies) [] Approved Resolution OrGMOrder Final Plats only require 2 CDs i(follow specifications above) & 4 copies mfthe following: [] Main Application and back upmaterial 0 /\DD[OVed Site Plan and copy Ofapproved Development Order [] Plat - Include extra copies of Plat for applicable conditions of approval (3 Original KOy|ars Needed for Recording) *Please note; Only a 5UrvBYDr, attorney, or title agent is authorized to provide O k02l description, The legal dmaohoUon provided on the property appraiser's vvebsKm is not valid for our purposes, The |aQa| description you provide VS will be used in all future documentation, If it is inC0rreCt, it may invalidate the results of any Page 3ofG Revised March 15.2015 Page 127 of 166 Project Name United Teleports(SES Protect Information Site address: 10161 Range Line Road, St. Lucie Cbunty Parcel ID Number(s): 4201-113-0001-030-2 Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) 0 151 r BIA r• r I I «' I. I,. fi Property location — Section/Township/Range: Section 1, Township 37South, Range38 East Property size — acres: 3.79 Square footage: 165,070.67 Future Land Use Designation: Industrial (IND) Zoning District: Industrial Heavy (IH) Description of project: (Attach additional sheets if necessary) Please see att ached Project Narrative/Just if icat ion Statement. Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing Proposed: ® Industrial Total Square Footage: Existing 16,680IT Proposed: ❑ Residential No. of residential units: Existing No. of subdivided lots: Existing ❑ Other Please specify: Number and size of out parcels (if applicable): Page 4 of 6 Revised March 15, 2016 Proposed: Proposed: Page 128 of 166 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must bomet prior tothis project being presented for approval tnthe appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer): Agent Information: Business Name: UTLandCbmpany,LLC Business Name: Managed Land Entitlements Name: Renato Dias Name* Michael %nchez Address: 19000 NE5th Avenue Address: 3710 Buckeye Rreet, %ite'100 Nort h Miami Beach, Florida 33179 Palm Beach Gardens, Florida 33410 (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Fax: Fax: Email: renatodias@unitedteleports.com Email: michael@mylandentitlementscom Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information applicationThis application and any %| considered be comside� complete wnotarized�utthenotarized signature of all Property owners o r , which shall serve eeanacknowledgment mfthe submittal cfthis perty owner's application for approval. il),01 l5ror signature below shall also serve aoauthorization for the above abehalf of said property owner. UTLand [bmpany.LLC by: Renato Dias, Manager Property Owner Signature Propeily Owner Name (Pnnted) Mailing Address: 1gOOONE5thAvenue phone: 30 <3333 |fmore than one owner, please submit additional North Miami EeoohHurida33�9 ' pages STATE OF.11w-18cx COUNTYOF The foregoing instrument was acknowledged before rnethis ZZY18 day of JOAe, .2O_2l0____ by < who ispersonally known 1omemwho has produced S(griature of Notary Typeor Print Narve of Notary Commission Number (Sea[) Notary Public -State of Florida Commission # GG 964 ej OF My Commission Expires Page 5ofG Revised March 15.2016 Page 129 of 166 United Teleports/SES—St. Lucie County Variance Application — Project Narrative/Justification Statement June 23, 2020 Page 2 of 7 and Caribbean. Strategic partnerships with teleports worldwide extend the reach of these services to Europe, Africa, the Middle East and Asia. SES SES, a second lessee of the Facility, is a global satellite service provider with headquarters in Betzdorf Luxembourg, operating satellites in the geostationary and medium earth orbits that develops primary use products for the aeronautical and maritime industries providing both critical communications paths and connectivity for the customer which includes internet access to their customers. SES has partnered with United Teleports in St Lucie County to provide control of satellites serving the Caribbean and South American markets. SES is planning to further expand its operations in St. Lucie County at the Facility that will allow SES to perform development and testing of the next generation of terminal equipment needed to support the maritime, cruise and aeronautical industries. TARGETED INDUSTRY The County's Economic Development Council has identified the United Teleports/SES Facility as a Targeted Industry due to the high paying jobs generated by the Facility. PENDING IMPROVEMENTS UT and SES are currently working with the County to obtain site plan approval and related building permits to allow for certain improvements to the Facility including (1) an elevated steel structure platform to be located on the south side of the existing building that will support additional satellite antennas mounted to the top of the platform; (2) a new mezzanine storage area; (3) minor site improvements; and (4) landscape upgrades Among other things, these pending improvements and site plan amendment will bring the Facility into conformance with the County's Land Development Code to the greatest extent possible. EXISTING ANTENNAS The Applicant attended a pre -application meeting with the County on June 11, 2020 to discuss the above - referenced pending improvements, and it was identified by the County that certain antennas existing within the Facilitythat were installed subsequentto the original site plan approval forthe Facility and which are within the required 30-foot side setback including one that also encroaches into the required 40-foot rear setback. The County indicated that a variance request would need to be approved to allow the existing antennas to remain. REMOVAL OF EXISTING ANTENNAS The Applicant understands that certain antennas were located in areas that were previously designated as required parking on the approved site plan and within the required side and rear setbacks and desires to work with the County to bring the Facility into compliance. Accordingly, the Applicant has agreed to remove 15 antennas from the Facility that are in conflict with parking, drive aisles, and/or turning radii and/or are located within the required setbacks as identified with a red "X" on the survey provided with this submittal . That said, the Applicant is not able to remove and/or relocate nine (9) antennas that exist within the required side Page 130 of 166 United Teleports/SES—St. Lucie County Variance Application — Project Narrative/Justification Statement June 23, 2020 Page 3 of 7 setback including one that also encroaches within the rear setback without causing a substantial impact to its operations, thus the need for the subject variance request discussed below. VARIANCE REQUEST: MAINTAIN NINE (9) EXISTING ANTENNAS The subject application involves a request for a variance to Table 7-10 of the County Land Development Code (LDC) which requires a side setback of 30 feet and a rear setback of 40 feet (the "Required Setbacks") within the Industrial Heavy (IH) zoning district as noted below in order to allow nine (9) antennas (the "Remaining Antennas") to remain within the Required Setbacks along the north property line as noted on the Project site plan provided with this submittal. The Remaining Antennas are located as close as 14'-10" to the north property line, and one is located 34'-6" from the rear property line. Table 7-1.0 Lot Size and Dimensional Requirements Min. Min. Minimum Yard Max Zonis District Min Lot. Lot Road Bldg. Max. Lot Side',, Size (sf) Width Frontage Front Rear Side Corner Height Coverage 1H (industrial, 43,560 LC)0 60' 50' 40' 30' 50' so, SC)% Heavy) The Remaining Antennas are used to downlink content which is then packaged and delivered to the UT facility in Miami, Florida and/or directly to customers, and are also used to monitor uplinks which is extremely important to ensure that the satellites have the correct transmission power levels so that they do not go off - air. The Remaining Antennas are pointed to various satellites in the geosynchronous orbit which are located around the equator. While their look angles vary slightly east and west, the Remaining Antennas MUST have a clear line of sight south. Details regarding the look (Azimuth) angle, elevation angle and side setback of the Remaining Antennas are noted below (Note: The antenna numbers below correspond to the labels on the site plan provided with this submittal): ANTENNA (AZIMUTH) LOOK ANGLE ELEVATION ANGLE SETBACK FROM NORTH P/L 1 194° 57' 16'-6" (34'-6" setback from rear/west P/L) 2 234° 42' 16'-6 %z" 3 241° 3S° 16'-1 %z" 4 213° 53" 15'-8 %Z" 5 156` 54' 15'-8" 6 219` 51' 15'-2" 7 142' 48' 14'-10" 8 248.1° 28.2° 18'-10" 9 241.8° 35.4° 26'-10" Page 131 of 166 United Teleports/SES—St. Lucie County Variance Application — Project Narrative/Justification Statement June 23, 2020 Page 4of7 As demonstrated above, the Remaining Antennas all have a southward facing look angle and, as such, need to be placed away from any obstructions to the view of the antennas to the south. Remaining Antennas 1, 2, 6 and 7 are located as far away as possible from the north property line and cannot be placed any farther south due to the adjacent existing large antenna to the south (for 1 and 2) and the existing building (for 6 and 7). Remaining Antenna 1 which encroaches into the rear setback by 5'6" cannot be moved out of the setback due to the location of the Remaining Antennas to the east. Remaining Antennas 3-5 could potentially be moved by two (2) or three (3) feet south without causing a disruption to the look angles, but the Applicant feels that such a minor shift south for Remaining Antennas 3-5 would not provide for any material change so long as the other adjacent antennas are approved by the County to remain in their current location. Remaining Antennas 8-9 cannot be moved any farther south without causing an obstruction of the look angles by the existing building. As noted on the site plan provided herewith, there is no other place within the Property to which to relocate the Remaining Antennas inside of the required setbacks due to the existing pavement, building, ancillary structures, other antennas and stormwater detention areas along the west and east portions of the property. Additionally, the Applicant cannot relocate the Remaining Antennas to the south side of the main east/west driveway since the look angles would be blocked by the large shade trees within the buffer along the south property line. The Applicant will already be losing a significant amount of revenue with the 15 antennas that will be removed as noted above, but removing the Remaining Antennas would put lost revenue to between 40-50% from current which would render the business no longer viable. The Applicant understands that it should have consulted with the County prior to installation of the antennas on site and is working to bring the site up to conformance with by way of this variance application, the pending site plan amendment and the upcoming building permit submittals; however, the Applicant finds no other alternative but to request a variance from the County to allow the Remaining Antennas to remain. The number of antennas required to serve the Applicant's customers has grown exponentially as modern technology is more dependent on satellite transmission, so if the Remaining Antennas are not permitted to remain, the Applicant will likely be forced to find an alternate location for its operations. The closest Remaining Antenna to the north property is approximately 14'-10" from the neighboring property to the north (the "North Property"). The North Property is an approximately 22-acre industrial facility that appears to be used as a transfer facility between rail and truck for dairy feed products. The North Property is "flag" shaped such that a narrow approximately 60-foot wide portion of the parcel provides access to the main portion of the property from Glades Cut-off Road, and the main (larger) portion of the North Property is located to the west along the railway. The portion of the North Property that is adjacent to the Remaining Antennas is the 60-foot strip which is only used for the access road (see aerials below). As such, keep the Remaining Antennas approximately 15 feet from the north property line (where 30 is required) will have no adverse effect whatsoever on the North Property. Additionally, Antenna #1 is located 34'-6" from the rear property which encroaches into the required 40' rear setback by 5'-6". The property to the west is a 125-acre agricultural pasture with no structures, so there is no impact to said property based on the location of Antenna #1. It should be noted that buffer trees either exist and/or will be planted as required by the County between the Remaining Antennas and the north and west property lines to provide additional buffering. Page 132 of 166 United Teleports/SES—St. Lucie County Variance Application — Project Narrative/Justification Statement June 23, 2020 Page 5 of 7 AERIAL OF NORTH PROPERTY AND ACCESS ROAD AERIAL OF REMAINING ANTENNAS AND NORTH PARCEL ACCESS ROAD VARIANCE STANDARDS Section 10.01.02 of the County's LDC entitled "Standards for Granting Variances" contains the standards listed below that shall be considered by the County's Board of Adjustments when considering the approval of a Page 133 of 166 United Teleports/SES—St. Lucie County Variance Application — Project Narrative/Justification Statement June 23, 2020 Page 6 of 7 variance application. The Applicant's demonstration of compliance with said criteria is contained below in italics typeface: A. The variance requested arises from a condition that is unique and peculiar to the land, structures and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved, would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the provisions of this Code are literally enforced; that it is a condition that is not ordinarily found in the same zoning district, and the condition is created by the regulations of this Code, and not by an action or actions of the property owner or the applicant; Demonstration of Compliance: The variance request arises from the fact that there is no other viable location to place the Remaining Antennas within the property due to existing improvements and the required look angles as described in detail in the "Variance Request" section above. The Remaining Antennas are required to keep up with the increased demand for satellite transmission, and having to remove the Remaining Antennas will render the Applicant's business model unfeasible. These circumstances are peculiar to the property. The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood; Demonstration of Compliance: The Remaining Antennas are located at least 14'-B" from the neighboring North Property and are adjacent to an access road for the North Parcel. Remaining Antenna 1 is located 34'-6" from the property to the west which is a 125-acre vacant pasture. There will no impairment or injury to any other properties as part of the variance request. C. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structures; and Demonstration of Compliance: As demonstrated in "Variance Request" section above, the Remaining Antennas are placed as far away from the north property line as possible while maintaining the required clear view to the southern sky and not interfering with other antennas, the parking area and/or the existing building. D. The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. Demonstration of Compliance: The existing location of the Remaining Antennas will allow a Targeted Industry industrial business to continue operations with the County which is consistent with Objective 1.1.13 of the County's Comprehensive Plan entitled "Economic Sustainability" which encourages the promotion of a sound and resilient local economy and the expansion of existing businesses and industrial opportunities. Additionally, the Remaining Antennas will have no negative impact to the public and or adjacent property owner, therefore the requested variance will not be opposed to the general spirit and intent of the LDC or the Comprehensive Plan. Page 134 of 166 United Teleports/SES—St. Lucie County Variance Application — Project Narrative/Justification Statement June 23, 2020 Page 7 of 7 CLOSING The requested variance will allow the Applicant to continue operations at the Facility which employs approximately 20 employees. The Applicant appreciates the County's consideration regarding the requested variance and looks forward to working with the County on the subject application. Page 135 of 166 Supplement 2 Variance Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details 1. | kN8\ do hereby petition the S{ Lucie County Board of AdiUStOleO1 for the fDl|OVVDg Variance from the [DC. (State the variance sought and the SeoUoD from the LQC from which the variance is requested.) Variance iosought from Table 7-0-Minimum SdeYard Setback: 30' Minimum Rear Yard Setback: 40' See at t ached Project Narrative/Just if icat ion St at ement for details on variance sought. 7. What is the purpose of the proposed Vah3n03 and the intended development Ofthe subject property if the variance is granted: Seeattached Project Narrative/Justification Statement 3. State the specific hardship imposed on the owner by the LDC? See attached Project Narrative/Justif ication Statement 4. State [8aSOOS why this hardship is unique to the owner and why Other property similarly situated does not suffer from the same hardship. See attached Project Narrat ive/Just iticat ion Statement 5. State reasons vvhV this variance will not be injurious to Other pnOp8dx and/or improvements in the neighborhood in which the subject property is located. See att ached Project Narrative/Just if icat ion St at ement 6. State reasons why this Veh@noe will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. See attached Project Narrative/Just if icat ion St at ement 7. State ««h« this V2[aDCe is the DliOiDlUrD variance that will make possible a reasonable use of the land, building and structures. See attached Project Narrat ive/Just iticat ion Statement Page 1of3 Page 136 of 166 Supplement 2 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. See attached Project Narrat ive/Just if icat ion Statement 9. Is this variance request loc d within a Homeowners or Property Owners Association? YES QN NO If If yes, then letter is required. • For any variance request within an area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. 10. Name of Association 11. Is there a letter from that association attached? YES NO • Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. Per LDC Section 10.01.04(A)(7) If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Except for non-residential accessory structures in AG-1, AG-2.5 and AG-5, if the application is for 100% variance from the road frontage requirements, proof of recorded legal access shall be furnished with the application. • 1 (we) have reviewed LDC Section 10,01.00, including the questions to be an by the applicant for a variance and will be prepared to answer these que public hearing. A�pricant�or Agent Name (printed) S nature '27 2,7 � DO_. Pnge 2 of 3 Revised: February 5, 2013 s at the Page 137 of 166 JOSEPH E. SMITH, CLERK FILE # 4086848 OR BOO Doc Tax: $5565.00 OF THE CIRCUIT COURT — SAINT LUCIE COUNTY K 3762 PAGE 2753, Recorded 06/30/2015 at 03:01 This Document Prepared By and Return to: Jeffrey Rodriguez, Esq. Adams Gallinar, P.A. 1000 Brickell Avenue Suite 300 Miami, FL 33131 Parcel 1D Number: 4201-113-0001-030-2 Warranty Deed This Indenture, Made this 2,05 day of June, 2015 A.D., Between Globe Wireless Radio Services, Inc., a South Dakota corporation, of the County of Hughes, State of South Dakota, hereinafter referred to as the "GRANTOR", and UT Land Company, LLC, a Florida limited liability company, whose address is: 19000 NE 5th Avenue, North Miami Beach, FL 33179, of the County of Miami -Dade, State of Florida, hereinafter referred to as the "GRANTEE". Witnesseth that the GRANTOR, for and in consideration of the sum of -------------------------------------------------TEN DOLLARS($10)-------- --------------- ------------ DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of St. Lucie, State of Florida to wit: Commence at the Northeast corner of Section 1, Township 37 South, Range 38 East, St. Lucie County, Florida; thence run South 00 degrees 00 minutes 54 seconds West, along the Range Line, a distance of 4,176.86 feet, to the Point of Beginning; thence continue along said Range Line, a distance of 250.00 feet; thence run North 89 degrees 59 minutes 06 seconds West, a distance of 660 feet; thence run North 00 degrees 00 minutes 54 seconds East, parallel with aforesaid Range Line, a distance of 250.00 feet; thence run South 89 degrees 59 minutes 06 seconds East, a distance of 660.0 feet to the Point of Beginning. THIS CONVEYANCE IS SUBJECT TO: 1. Real property taxes and assessments for 2015 and subsequent years; 2. Laws and ordinances of all appropriate governmental authorities including, without limitation, existing zoning ordinances; and 3. All conditions, reservations, limitations, easements, dedications, agreements, restrictions and other matters of records; provided, however, that the foregoing shall not serve to impose or re -impose the same. and the GRANTOR does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. AC5660-5 OR BOOK 3762 PAGE 2754 In Witness Whereof, the GRANTOR has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Printed Name: � pcxl•%ti 4A Witness 4-91 MIN .f.� STATE OF 50y4gj 1 WK-4-- " COUNTY OF1�tj i �7'vM Globe Wireless Radio Services, Inc., a South Dakota corporation By: BankWest, Inc., as Trustee of the Joanne C. Lauridsen Trust dated October 1, 1972, sole shareholder (Seal) Nam : itton Title: VP/Trust epartment Manager of BankWest, Inc. P.O. Address: 420 South Pierre St, Pierre, SD 57501 (Corporate Seal) The foregoing instrument was acknowledged before me this fe!�2 day of June, 2015 by Greg Litton, VP/Trust Department' Manager of BankWest, Inc. as Trustee of the Joanne C. Lauridsen Trust dated October 1, 1972, as the sole shareholder of Globe Wireless Radio Services, Inc., a South Dakota corporation, who is personally known to me or who has produced his ! j ij %/.ff�5 L as identification. DANIELLE R. PATTERSON NOTARY PUBLIC p SOUTH DAKOTA Printed Name: Notary Public Danielle My Commission Expires: / / terson My Commtss ontExpirres November22, 2019 AC5660-5 ry d : Jar R r fl��r,Fi � UL ^ N � r � r ���{J �r n /fir ✓ r � � a � � (D O �, ¢ t O ^ n O W /r/ a n O V a� N ♦ My/ A f O V/ U 1 O N 0 OCL — a� 6M .� uuuuuiuuuuuuuuuuuuuuuuuuuuuuuuuuuu � - m C� N (D Q _j nu)r1�. O U O Lo O LO a) = z - — cu Q O O ....:.................:.................:............. - LO U LL LL J $ m c� a� Q c� 0 N O r1' W a�J 3NI-I -3ONV2J N L N O CL N 4) z w a U a co U) -j > � -0 w Z ui C o a ro O M 0 3 w U- 3: Z z O Z of �, -0 o — L- :D cL ;a o J �` 'q w w w 0O OQ z� cn z J Q v� w �JC7wZ ww-lz- Q� pCI) ao MZ30 cn woo a ¢ o � X a a a N lL w v7 C7 0 a o LLI U w cow LLI >cnU)¢w Z cn o Q O W CL J Q D O❑ W W pW O �p a W J 0 � a-ja m¢a¢0 a 0 m Public Hearing Date: Wednesday, August 26, 2020 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL. 34982 Meeting Time: 9:30 AM (or soon thereafter) Applicant/Property Owner Renato Dias UT Land Company, LLC 19000 NE 5th Avenue North Miami Beach, FL 33179 Agent Michael Sanchez Managed Land Entitlements, Inc. 3710 Buckeye Street, Suite 100 Palm Beach Gardens, FL 33410 Proiect Location 10161 Range Line Road Fort Pierce, FL 34987 Future Land Use IND (Industrial) Zoning District IH (Industrial, Heavy) .00,,,aEs Location ..........— .. w Public Hearing Notice Notice of Proposed Variance Request You are receiving this notice because you are a property owner within 500 feet of the proposed petition. Proiect Description The petitioner has requested a variance from the provisions of Section 7.04.01 (Table 7-10) — Lot Size and Dimensional Requirements of the St. Lucie County Land Development Code for the project to be known as United Teleports—SES. The request is to allow multiple existing structures to encroach into the minimum required yard setbacks for property locat- ed within the IH (Industrial, Heavy) Zon- ing District. If approved, this request will allow fifteen (15) satellite antennas to remain within the required minimum side and/or rear yard setbacks, a 22 foot in diameter water storage tank to remain within the required minimum rear yard setback, and a +/- 368 square foot one- story concrete pump house to remain within the required minimum rear yard setback. The St. Lucie County Board of Adjust- ment (BOA) has the power to authorize variances from the dimensional require- ments in accordance with the provisions of Section 10.01.00, of the St. Lucie County Land Development Code. All interested persons will be given an opportunity to be heard. The public will be able to physically attend this meeting, but seating in the Chambers will be regu- lated to comply with social distancing protocols. Members of the public that do attend in person are encouraged to wear masks or similar devices, which cover the nose and mouth. You can contact Bethany Grubbs, Project Manager, via phone or email as an alternative to mak- ing public comments in person. Public comment for upcoming meetings can be submitted several ways: Email: or Email: u.ullllu a: u�nu�na unujtllu.0 ii Residents without access to the internet can comment by phone at 772-462-1687 and TDD (telecommunications device for the deaf) number at 772-462-1428. Writ- ten comments to the Board of Adjust- ment should be received by the Planning and Development Services Department - Planning Division by noon prior to the scheduled hearing. Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772-462-1546 or TDD 772-462-1428 Further details are available in the Planning and Development Services Department — Planning Division please contact: Staff Bethany Grubbs Tel (772) 462-1687 Email GrubbsB@stlucieco.org Date Mailed August 14, 2020 Page 151 of 166 PLANNING AND DEVELOPMENT (77 ;J 1 SERVICES DEPARTMENT Planning Division Please Return This Form To: St. Lucie County Planning & Dev. Serv. Dept. - Planning Division ATTN: Bethany Grubbs, Project Manager 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email: GrubbsB(a-)_stlucieco.orp or Fax (772) 462-1581 PROPOSED REQUESTED VARIANCE: Public Hearing of UT Land Company, LLC, for the project to be known as United Teleports - SES, request for a Variance from the provisions of Section 7.04.01 (Table 7- 10) — Lot Size and Dimensional Requirements of the St. Lucie County Land Development Code to allow multiple existing structures to Project encroach into the minimum required yard setbacks for property located Description: within the IH (Industrial, Heavy) Zoning District. If approved, this request will allow fifteen (15) satellite antennas to remain within the required minimum side and/or rear yard setbacks, a 22 foot in diameter water storage tank to remain within the required minimum rear yard setback, and a +/- 368 square foot one-story concrete pump house to remain within the required minimum rear yard setback. Project Location: 10161 Range Line Road, Fort Pierce, FL34987 Current Zoning: IH (Industrial, Heavy) File No: BA-6202025770 If you wish to comment, please check only one of the three following statements and return no later than Tuesday, Auqust 25, 2020. Forms returned without a name and address will not be considered. All returned forms are a matter of public record and are available for viewing upon request. Please attach additional pages with comments, if necessary. I AM IN FAVOR OF THE REQUESTED VARIANCE I AM NOT IN FAVOR OF THE REQUESTED VARIANCE I HAVE NO OPINION ABOUT THE REQUESTED VARIANCE I certify that as of the date written below, I am a property owner within 500 feet of the requested Variance. Name (Please Print): Address: Date: Signature: Please call, Bethany Grubbs, Project Manager at (772) 462-1687 if you have any questions. Page 152 of 166 Q C) c 3 C) CN (D CY) M cn LU 0 0 C� - cn CD -., LO 0 C4 I IE1 Q CLNI N a) 2A.3NI.139NV, ■ 0 m 0 O CL O U) (.5 Lb U) CL 4201-134-0003-000-2 Range Line Holdings LLC 631 US Highway 1 Ste 409 North Palm Beach FL 33408 4201-113-0001-030-2 UT Land Company LLC 19000 NE 5th AVE North Miami Beach FL 33179 4201-132-0001-000-2 Dairy Feeds Inc PO Box 1365 Okeechobee FL 34973 4201-113-0001-000-3 St Lucie Holdings Cana LLC %S Goodman, Southern Power Co 30 Ivan Nlen Jr Blvd NW Atlanta GA 30308 4306-311-0000-000-6 MATTAMY PALM BEACH LLC 2500 Quantum Lakes DR Ste 215 Boynton Beach FL 33426 Owners Mailout.xls Page 158 of 166 7.04.01. - Requirements. A. Density, Height and Lot Coverage - General. Except as modified by the provisions for conditional uses or variances, no structure shall be constructed, built, moved, remodeled, reconstructed, occupied, or used on a lot that is greater than the maximum density, the maximum height, or the maximum lot coverage requirement shown in Table 7-10 for the Zoning District in which it is located. B. Area, Width and Yard Requirements - General. Except as modified by the provisions for conditional uses or variances, no structure shall be constructed, built, moved, remodeled, reconstructed, occupied, or used on a lot that is less than the minimum lot area, minimum lot width, and minimum yard requirement as shown in Table 7-10 for the zoning district in which it is located, except that unsupported roof overhangs may encroach up to thirty (30) inches within any required yard setback area. This provision does not supersede the restrictions of Section 7.10.16(Q)(1)(a) of this Code. C. Minimum Building/Structure Elevation. The minimum first floor elevation of all residential buildings shall be as follows: a. For properties lying within a designated Special Flood Hazard Area where the base flood elevation has been determined, as further defined under Chapter II of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above the crown of the adjacent roadway or shall comply with the minimum flood elevation for the property as established on the Flood Hazard Boundary Map for St. Lucie County, whichever is greater. b. For properties lying within a designated Special Flood Hazard Area for which the base flood elevation has not been determined, all buildings shall be elevated as follows: A minimum of thirty-six (36) inches above the adjacent average natural grade, or eighteen (18) inches above the crown of any adjacent roadway, whichever is greater; or As determined by a sub -basin drainage study for the proposed development meeting the requirements of a stormwater permit as set forth in Chapter VI I. C. For properties lying outside of a Special Flood Hazard Area, as further defined under Chapter II of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above any adjacent roadway. Habitable/non-residential buildings shall comply with the following standards: a. For properties lying within a designated Special Flood Hazard Area where the base flood elevation has been determined, as further defined under Chapter II of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above the crown of the adjacent roadway or shall comply with the minimum flood elevation for the property as established on the Flood Hazard Boundary Map for St. Lucie County, whichever is greater. b. For properties lying within a designated Special Flood Hazard Area for which the base flood elevation has not been determined, all buildings shall be elevated as follows: 1. A minimum of thirty-six (36) inches above the adjacent average natural grade, or eighteen (18) inches above the crown of any adjacent roadway, whichever is greater; or As determined by a sub -basin drainage study for the proposed development meeting the requirements of a stormwater permit as set forth in Chapter VI I. C. For properties lying outside of a Special Flood Hazard Area, as further defined under Chapter II of this Code, all buildings shall be elevated a minimum of eighteen (18) inches above any adjacent roadway. When topographical conditions are such that compliance with this subsection would be impracticable or cause grade level conditions detrimental to adjacent or nearby property, the Page 159 of 166 Growth Management Director shall grant relief from the provisions of this subsection, consistent with Flood Protection regulations. For non-habitable/non-residential structures, when topographical conditions are such that compliance with this subsection would be impracticable or cause grade level conditions detrimental to adjacent or nearby property, the Growth Management Director may grant relief from the provisions of this Code, consistent with the intent of the Flood Protection regulations and any other applicable portion of this Code. D. Filled Land. Any filled land created in the unincorporated area of St. Lucie County shall be filled so that the settled elevation of such land shall be at least five (5) feet above mean sea level (MSL), as measured by U.S.C. and G.S. Datum. No trees, vegetation, organic materials, or garbage shall be used as fill material in the unincorporated area of St. Lucie County for the purpose of raising the existing grade of any land on which construction is intended. The disposal of all trees, vegetation, organic material, and garbage shall be in accordance with applicable St. Lucie County Regulations. Where fill is used, the owners of the property on which the fill is being located, shall be responsible for assuring adequate drainage so that the immediate community will not be adversely effected. E. Non -Residential Buildings on Farms. Any person erecting a nonresidential farm building on a farm shall be required to obtain a Certificate of Zoning Compliance prior to construction showing that the structure meets the setback requirements shown in Table 7-10 for the zoning district in which it is located. TABLE 7-10 LOT SIZE AND DIMENSIONAL REQUIREMENTS Max. Lot Maxim Minimu Max. Covera um Minimu Minimu Minimum Yard m Hht. ge by Zoning Gross m m Road Buildin District Density Lot Size Lot Frontag gs (Du/Ac) (sf) Width (a) e Side @ Front Rear Side corner AGRIC ULTUR AR-1 AL 1 43,560 150 30 50 30 20 30 35 20% RESIDE NTIAL RESIDE RE-1 NTIAL, 1 43,560 150 30 50 30(g) 20 30 35 20% ESTATE Page 160 of 166 -1 RESIDE NTIAL, RE-2 2 17,500 100 100 25(I) 15(I) 10(I) 20(I) 35 20% ESTATE -2 RESIDE NTIAL, SINGLE RS-2 2 15,000 100 30 25(1) 15(g)(1) 10(1) 20(I) 35 20% FAMILY -2 RESIDE NTIAL, SINGLE RS-3 3 10,000 75 30 25(1) 15(g)(1) 10(1) 20(I) 35 30% FAMILY -3 RESIDE 10,000 75 30 25(1) 15(g)(1) 7.5(1) 20(I) 35 30% NTIAL, SINGLE RS-4 4 - 8,000(f 75 30 25(1) 15(g)(1) 7.5(1) 20(I) 35 30% FAMILY ) -4 RESIDE NTIAL, MOBIL RMH-5 5 10,000 75 30 25(I) 15(I) 10(I) 20(I) 35 35% HOME - 5 RESIDE NTIAL, MP�E I RM-5 5 10,000 100 60 25(b)(1) 15(b)(1) 10(b)(1) 20(b)(1) 35(b,i) 40% FAMILY -5 Page 161 of 166 SINGLE 10,000 75 30 25(1) 15(g)(1) 7.5(1) 20(I) 35 30% FAMILY DEVEL 8,000(f 75 30 25(1) 15(g)(1) 7.5(1) 20(I) 35 30% OPMEN ) T LOT RESIDE NTIAL, M RM-7 7 10,000 100 60 25(b)(1) 15(b)(1) 10(b)(1) 20(b)(1) 35(b,i) 40% PLEI FAMILY -7 SINGLE 10,000 75 30 25(1) 15(g)(1) 7.5(1) 20(I) 35 30% FAMILY DEVEL 8,000(f 75 30 25(1) 15(g)(1) 7.5(1) 20(I) 35 30% OPMEN ) T LOT RESIDE NTIAL, M RM-9 9 10,000 100 60 25(b)(1) 15(b)(1) 10(b)(1) 20(b)(1) 35(b,i) 40% PLEI FAMILY -9 10,000 75 30 25(I) 15(g)(1) 7.5(I) 20(1) 35 30% SINGLE-FAMILY DEVELOPMENT 8,000(f LOT ) 75 30 25(I) 15(g)(1) 7.5(I) 20(1) 35 30% RESIDE NTIAL, M RM-11 11 10,000 100 60 25(b)(1) 15(b)(1) 10(b)(1) 20(b)(1) 35(b,i) 40% PLEI FAMILY -11 SINGLE-FAMILY 10,000 75 30 25(I) 15(g)(1) 7.5(I) 20(1) 35 30% Page 162 of 166 DEVELOPMENT 8,000(f 75 30 25(I) 15(g)(1) 7.5(I) 20(1) 35 30% LOT ) RESIDE NTIAL, MPLE I RM-15 15 10,000 100 60 25(b)(1) 15(b)(1) 10(b)(1) 20(b)(1) 35(b,i) 40% FAMILY -15 10,000 75 30 25(I) 15(g)(1) 7.5(I) 20(1) 35 30% SINGLE-FAMILY DEVELOPMENT 8 000(f LOT ) 75 30 25(I) 15(g)(1) 7.5(I) 20(1) 35 30% COMM ERCIAL CN NEIGH 10,000 75 60 25 20 10 20 35 50% BORHO OD COMM CO ERCIAL 10,000 75 60 25 20 10 20 35 50% OFFICE COMM ERCIAL CG (d) 20,000 100 60 25(b) 20(b) 10(b) 20(b) 60(b,i) 50% GENER AL COMM ERCIAL 217,80 CR (m) 100 60 25(b) 20(b) 10(b) 20(b) 60(b,i) 30% RESOR 0 T INDUST IL RIAL 20,000 100 60 25 20 10 20 50(i) 50% LIGHT IH INDUST 43,560 200 60 50 40 30 50 80(i) 50% RIAL Page 163 of 166 HEAVY INDUST RIAL 435,60 IX (c) (c) (c) (c) (c) (c) (c,i) (c) EXTRAC 0 TION UTI LITI U 43,560 200 60 40 30 20 20 40 30% ES AGRIC AG-1 ULTUR 1 43,560 150 60 50 30 20 30 80(i) 10% (j) AL-1 AGRIC 1080,90 AG-2.5 ULTUR .4 150 60 50 30 20 30 80(i) 15% (j) AL - 2.5 AGRIC 2170,80 AG-5 ULTUR .2 150 60 50 30 20 30 80(i) 10% (j) AL-5 RESIDE NTIAL/ 217,80 R/C CONSE .2 150 60 50 30 20 30 80(i) 2% 0 RVATIO N CONSE RVN Cpub (k) (k) (k) 50 30 20 30 (k) (k) Public INSTIT I UTION 20,000 100 60 25 20 20 20 40(e,i) 30% AL RELIGI OUL RF 20,000 100 60 25 20 20 20 40(i) 30% FACIIT IES Page 164 of 166 PLANN ED UNIT PUD SEE SECTION 7.01.03 DEVEL OPMEN T PLANN ED NON - RESIDE PNRD SEE SECTION 7.02.03 NTIAL DEVEL OPMEN T PLANN ED MIXED PMUD USE SEE SECTION 7.03.03 DEVEL OPMEN T HUTCHI NSON ISLAND HIRD RESIDE SEE SECTION 3.01.03(AA) (b), (d), (i) NTIAL DISTRIC T NOTES: (a) Expressed as dwellings/per acre. (b) For three (3) or more dwelling units, motel, or hotel uses, use the building spacing formula identified in Section 7.04.03. (c) For Industrial extraction uses, refer to Mining Regulations, Section 6.06.00. Page 165 of 166 (d) Maximum net density of thirty-six (36) guest units/acre, except for North and South Hutchinson Island. For hotel/motel development density on North and South Hutchinson Island refer to Policy 1.1.10.2 of the St. Lucie County Comprehensive Plan. (e) All structures in excess of forty (40) feet shall comply with the provision of Section 7.04.03. (f) With central water. (g) For enclosed storage structures, greenhouses, child's playhouse and gazebos, this dimension may be reduced to five (5) feet. (h) Ten thousand (10,000) square foot lots permitted when use limitations consistent with the CN and CO zoning districts (see Section 3.01.03(Q) and (R). (i) For any development activity on Hutchinson Island, refer to Section 4.01.00, Hutchinson Island - Building Height Overlay Zone. (j) For aquaculture production activities, the maximum percentage of lot coverage by building is fifty percent (50%). All buildings are subject to meeting the applicable stormwater management standards and requirements of this code. For the purpose of this section, aquaculture means the cultivation of aquatic organism and aquacultural products as defined in F.S. Ch. 597.0015. (k) There shall be no minimum lot size required for the Cpub zoning district, however the minimum yard setback for any structures erected on any site zoned Cpub shall be as identified. (1) For accessible handicap ramps the required yard setback may be reduced to fifty percent (50%) of the minimum setback requirement. The accessible handicap ramp permitted under this amendment shall not have a roof or be enclosed and shall not provide for a deck or landing larger than is necessary to be in compliance with the Florida Accessibility Code for Building Construction. A Physician's Certification Form and proper Building Permit Application documentation is required. (m) Maximum hotel/motel density of thirty-six (36) guest units/acre. For hotel/motel projects containing condominium hotel units (as defined in the Land Development Code) the total number of hotel/motel units of any kind (including condominium hotel units) may not exceed 36 units per acre. (Ord. No. 08-025, Pt. A, 9-16-2008; Ord. No. 15-002, Pt. A, 4-7-2015 ; Ord. No. 2016-23 , Pt. A, 1I- 1-2016) Page 166 of 166