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HomeMy WebLinkAboutBOA Agenda Packet 10.28.2020LuIl BOARD OF ADJUSTMENT AGENDA ST. LUCIE COUNTY Regular Meeting Wednesday, October 28, 2020 9:30 AM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 BOARD MEMBERS CHAIR ROBERT LOWE SR. VICE -CHAIR CHIEF DEREK FOXX COMISSIONERS ALEXANDER TOMMIE 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 112 Regular Meeting Wednesday, October 28, 2020 9:30 AM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES A. Approval of the September 23, 2020 BOA Regular Meeting Minutes B. Approval of the October 6, 2020 BOA Workshop Minutes 5. SWEAR IN STAFF MEMBERS 6. PUBLIC COMMENTS 7. AGENDA ITEMS A. Joseph Branca Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion 5. Public Comment 6. Board Discussion/Decision B. Richard James Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion 5. Public Comment 6. Board Discussion/Decision 8. OTHER BUSINESS 2�14"': Page 2 of 112 Regular Meeting Wednesday, October 28, 2020 9:30 AM 9. ANNOUNCEMENTS 10. ADJOURN NOTICE: 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 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. Page 3 of 112 .µme 7�5 C r d ri y �. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA Regular Meeting September 23, 2020 Convened: Adjourned: 1. CALL TO ORDER The meeting was called to order at 09:42 AM by Chairman Lowe. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was done by Chair Lowe. Board Member Stewart Mencer led the invocation. 3. ROLL CALL Chairman Lowe requested a roll call and the Secretary. Present Vice -Chair Bob Lowe, Board Member Derek Foxx, Board Member Alexander Tommie, Stewart Mencer, Board of Adjustment Council Member Kevin Griffin Excused 4. APPROVAL OF MINUTES A. Approval of the August 26, 2020 BOA Meeting Minutes Motion was made by Vice Chair Foxx to approve the minutes and seconded by Mr. Mencer. Board Member Griffin requested the minutes be amended to reflect that the extensions were not known to be filed for Tailers Cove PUD. Ms. Barbieri can withdraw the motion. Motion withdrawn as follows: Page 4 of 112 Board of Adjustment Wednesday, September 23, 2020 9:30 AM RESULT: WITHDRAW MOVER: Board Member Derek Foxx SECONDER: Stewart Mencer AYES: Bob Lowe, Derek Foxx, Alexander Tommie, Stewart Mencer, Kevin Griffin NAYS: None EXCUSED: None Mr. Dennis Murphy replied regarding the existence of the extensions filed. Mr. Murphy stated that he believes the extensions for Tailer Cove were granted, but not granted to current applicant as they did not own the property at that time. Mr. Griffin stated that they were not found in county records. Mr. Murphy replied he would have to research it. Secretary to make update. Vice -Chair Foxx motioned to approve, and Mr. Mencer seconded. Motion details as follows: RESULT: APPROVE MOVER: Board Member Derek Foxx SECONDER: Stewart Mencer Bob Lowe, Derek Foxx, Alexander Tommie, Stewart Mencer, Kevin AYES: Griffin NAYS: None EXCUSED: None S. SWEARING IN STAFF MEMBERS Madame Secretary swore in staff members as follows: Staff Members Linda Pendarvis-Manager, Planning Tahir Curry- Associate Planner, Planning Kori Benton- Assistant Manager, Planning Aimee Cooper- Environmental Planner, ERD Jodi Nentwick- Senior Planner, Planning Bethany Grubbs- Planner, Planning 6. PUBLIC COMMENTS None. 7. AGENDA ITEMS 2 1 III: �:: p„ Page 5 of 112 Board of Adjustment Wednesday, September 23, 2020 9:30 AM A. Oceanglass Residences & Marina (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion S. Public Comment 6. Board Discussion/Decision BOARD DISCLOSURES Chairman Lowe stated that Mr. Dennis Murphy was in his office the day prior to the meeting and he only reminded him that there was a BOA meeting the following day. No other disclosures made. STAFF PRESENTATION Bethany Grubbs made presentation regarding Board request from 8/26 BOA meeting to continue petition to 9/23 BOA meeting. She provided a refresher of the variance to allow to exceed the maximum building height of 42 feet. An aerial was provided, zoning district, permit overview, elevation snapshot and mail notices. Staff recommended denial as per strict interpretation of the Land Development Code. BOARD DISCUSSION Vice Chair Foxx inquired if the responses are the same from previous meeting or new. Ms. Grubbs replied that there are new and that the numbers on presentation include totals overall. Mr. Mencer inquired regarding procedure if artifacts were found on site, whether it would stop construction. Ms. Grubbs replied that they would have to stop the project and notify state and county. Mr. Tommie made clarification as per state procedure for finding artifacts on site. They are to be submitted to the tribe, the state and federal government. Mr. Griffin inquired about the property being vested. Ms. Grubbs responded that pursuant to LDC section 11.02.06 the project is vested with the vegetation removal permit and subsequent South Florida Water Management district permits, and Public works permit as per planning department. Ms. Pendarvis responded as well that project is vested as per Tailer Cove extensions until 2013 and permits. The section Mr. Griffin referred to is only applicable if there were no permits related to the project. APPLICANT PRESENTATION Mr. Murphy reviewed historic resources request from 8/26 BOA meeting request from Mr. Tommie. Provided record of review made to secretary for the record which was a letter from Michael Halter, the Civil engineer/ Plans examiner for the county s. Community outreach request from Vice Chair Foxx, Mr. Murphy reached out to individual associations and president's council of South Hutchinson Island. Three emails in support of the project has been submitted to Secretary. One of the meeting with council was cancelled last night therefore no formal action was provided. The team investigated lowering the height as per the last meeting however, they are asking that the board consider the full height request. Mr. Murphy provided building permit approval letter to secretary. Mr. Mencer inquired regarding date and the secretary replied April 12, 2007. Storm water permit approval from April 12th, 2007 is equivalent to building permit and therefore makes the project vested. 3 1 p„ Page 6 of 112 Board of Adjustment Wednesday, September 23, 2020 9:30 AM BOARD DISCUSSION Chairman Lowe inquired if the board grant heights like this in the past. Mr. Murphy said that some have been presented above the 35-foot limitation. Staff provided variance history via the PowerPoint presentation. Mr. Murphy also stated that he had no ex-parte communication with any board members regarding this petition. Mr. Mencer wants to understand the height differences with the different levels. Mr. Murphy clarified that market looks for more height in living space and less in bedrooms. Vice -Chair Foxx inquired about the emails in favor and Mr. Murphy stated they are with the secretary. Secretary read all comments into the record 1 against and 3 in favor as provided by Mr. Murphy. PUBLIC COMMENT 1. Mr. John Bodenschatz, 10044 S. Ocean Drive Unit 608, Jensen Beach, FL 34957 This photo is what the objection is all about. I waited a long time to get this condo with the 85-foot long deck. Had to be on the south side because of winter north winds, had to be the 6th floor or higher to view the bridge at night. I have added thousands (you can check building permits) in the 3 years I've been here. I'm 79 with COPD and Doctor said because of the virus not to go anywhere there is 10 people or more. I would happily meet with anyone on a individual basis to discuss this in more detail. John Bodenschatz, Seawinds 608. 2. Don Stacks,10410 S Ocean Drive, unit 302, Jensen Beach, FL 34957 (The Island Club). Dear St Lucie County, My name is Don Stacks and serve as the treasurer and a member of the Board of Directors the President's Council of Hutchinson Island. I also live at 10410 S Ocean Drive, unit 302, the Island Club. I am aware of the Oceanglass town home project and I support the variance request to allow the Oceanglass townhomes to be 7 feet higher. I believe this project will increase the value of all our properties, while simultaneously protecting preserved land on Hutchinson Island South. Regards, Don Stacks 3. My name is Rick Mihaljevic I reside at Hutchinson Island Club Condominiums, 10410 S Ocean Drive unit 903. 1 also serve as President of the Homeowners Association and as a member of the President's Council of Hutchinson Island. I am aware of the Oceanglass town - home project and their requests for a 7-foot height variance. I believe this project will smartly balance the land development while being environmentally sensitive to land usage as they plan to develop only a few acres of the total site for the town -homes while maintaining most of the acreage as natural vegetation. The project will continue to support the home values in the area and bring the right type of development to Hutchinson Island South. Sincerely Rick Mihaljevic 4. Joan Paye 10187 S Ocean Drive, Jensen Beach FL 34957 Dear St Lucie County Commissioners: 4 1 p„ Page 7 of 112 Board of Adjustment Wednesday, September 23, 2020 9:30 AM My name is Joan Paye and I am a resident of Tradewinds at 10187 S Ocean Drive on Hutchinson Island. I am aware of the Oceanglass town home project next door to my residence and I support the variance request to allow the Oceanglass townhomes to be 7 feet higher. I believe this project will increase the value of all our properties, while simultaneously protecting preserved land on Hutchinson Island South. Sincerely yours, Joan Paye BOARD DISCUSSION Discussion regarding the previously approved variances on the island made between Chairman Lowe, Mr. Mencer and Ms. Grubbs. Mr.Griffin inquired regarding the height request. Mr. Murphy stated that a subsection in the LDC limits variance opportunities are not to exceed more than 20% which is 7 feet. The team estimates the height to be at 41.5 or 41.7 feet in height. Mr. Griffin wanted to clarify elevations provided. Mr. Murphy replied that the 47-foot reference in the aerial is true zero which is below grade and the flood elevation is 41 feet. Mr. Griffin inquired about the differences regarding the approved resolution for the initial PUD versus the proposed project. Mr. Murphy replied that all are the same except for increased density and footprint and that the density still within what is allotted for future land use. Mr. Griffin wanted to confirm that the new applicant would abide by requirements stipulated in the resolution. Mr. Murphy clarified that the applicant is subject to the original resolution and would follow accordingly. He also clarified that the hardship is that the markets have changed, and the code has not. Mr. Griffin mentioned hurricane issues from the time of the 2006 resolution. Mr. Murphy replied that the project has taken storm surge and flood zoning into consideration. Chairman Lowe inquired if the impact fee would be the current rates and not those of the time of the resolution. Mr. Murphy clarified that they would be the current rates. PUBLIC COMMENT None. BOARD DISCUSSION Motion made by Mr. Griffin to deny the variance but was not seconded, therefore the motion failed. Another motion was made to approve the variance by Mr. Mencer and seconded by Vice - Chair Foxx. Details of the motion as follows: RESULT: APPROVE MOVER: Stewart Mencer SECONDER: Vice -Chair Derek Foxx Chairman Bob Lowe, Vice -Chair Derek Foxx, Alexander Tommie, AYES: Stewart Mencer NAYS: Kevin Griffin 5 1 III: �:: p„ Page 8 of 112 Board of Adjustment Wednesday, September 23, 2020 9:30 AM EXCUSED: None B. St. Nicholas Woods (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion S. Public Comment 6. Board Discussion/Decision STAFF PRESENTATION Bethany Grubbs, Planner St. Lucie County presented with variance to allow a permanent dead-end street to exceed one thousand (1,000) feet in length, authorizing a 2,139 feet dead- end street with a cul-de-sac as access for a proposed 14-lot subdivision, to be known as St. Nicholas Woods, within the AG-5 (Agricultural-5) Zoning District. The applicant purchased the property(s) on December 10, 2014 and is seeking to develop a 14-lot subdivision. An Aerial, Public Notification information, and Site Plan were presented. 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; therefore Staff is recommending denial. BOARD DISCUSSION Vice -Chair Foxx, inquired in regards to dead end requirements as per fire district. Ms. Bethany Grubbs replied that the SLC Fire district, Captain Langel, stated that the width was sufficient for their vehicles and the cole-de-sac turn around, however sprinklers and water supply for fire hydrants. Mr. Griffin inquired if they would be on well water and septic and Ms. Grubbs responded that it was. Ms. Grubbs also mentioned that the road length exceeds by double for purposes of one road for all homes and eliminate multiple entrances off of Shinn Road. APPLICANT PRESENTATION Richard Laventure, Atlantic Civil Engineering, 2552 Peters Rd, Suite D, Fort Pierce FL 34945 as well as Eduard Leal, Leal Three, 4554 N Hwy A1A, Hutchinson Island, FL 34949 presented. Mr. Laventure went over highlights of variance supplement answers provided in application. If variance is not approved the number of lots for project would need to be reduced by half. The hardship involves the costs of building the roads. A list of approximately 20 other roads that exceed the LDC limits were provided. Mr. Leal, the owner, mentioned that the request and plans of five acre lots are the market demand. Mr. Mencer inquired if the site was a part of orange grove and if applicant is concerned about drilling and if water would be safe to drink. Owner responded yes and the water will be discussed with county during site plan. Chairman Lowe inquired if it would be an HOA. Both responded yes and they would be responsible. Mr. Mencer inquired what the alternative would be if it is cut down to 1,000 feet. The agent stated that it would eliminate lots and expand lots to double the size which are more difficult to market. Mr. Griffin inquired if they looked into alternatives to dead end road such as driveways around the rear of the homes. Mr. Laventure mentioned that it would 6 1 p„ Page 9 of 112 Board of Adjustment Wednesday, September 23, 2020 9:30 AM triple road costs and environmental impact. Mr. Griffin also mentioned that the people on the end would be affected by the road. Mr. Griffin inquired regarding the road maintenance. Agent responded the HOA is responsible and road would meet county standards and would last up to 20 years. Chairman Lowe inquired regarding county involvement for sewer and water and what is the nearest location. Ms. Grubbs said no county involvement and that the nearest most likely 2 mile distant. Mr. Mencer wanted to know if there are more builders in the area. The agent repthat there are not in the area however there are 20 or so other existing colde sacs that are functioning in the community. Vice -Chair Foxx is concerned about fire protection in the area. Mr. Laventure has not had discussion with fire district. Sprinklers are required for all homes and Vice -Chair mentioned that applicant will have to endure fire district for requirements that might not be favorable and potentially lose lots. Chairman Lowe inquired regarding the process for the county if the variance is approved. Ms. Grubbs replied that it would require a major site plan review by the county. Mr. Griffin inquired how far away is the site from utilities. Ms. Grubbs stated that to the best of her knowledge the closest water is the fairgrounds. The agent suggested a review of the LDC to reconsider the 1,000 foot road length. PUBLIC COMMENTS None. BOARD DISCUSSION Motion made by Vice -Chair Foxx subject to compliance with fire district requirements during site plan approval and seconded by Mr. Mencer. Results as follows: RESULT: APPROVE MOVER: Vice -Chair Derek Foxx SECONDER: Stewart Mencer Chairman Lowe, Vice -Chair Derek Foxx, Alexander Tommie, Stewart AYES: Mencer, Kevin Griffin NAYS: None EXCUSED: None 8. OTHER BUSINESS Chairman Lowe inquired about a workshop for BOA set up by the county staff. Ms. Pendarvis replied that the secretary can send out calendar dates and times and receive feedback from the board. Mr. Griffin would like to have the legal department participate with a case law presentation. Ms. Barbieri clarified that as they have just completed a workshop for code board, they would be able to conduct one for BOA within 30 days prior to the next BOA meeting open to the public. Individual emails will be sent by board secretary to coordinate. 7 1 p„ Page 10 of 112 Board of Adjustment Wednesday, September 23, 2020 9:30 AM A. 2020 November and December Meetings Motion to cancel December was made by Mr. Mencer and seconded by Vice -Chair Foxx RESULT: APPROVE MOVER: Stewart Mencer SECONDER: Vice -Chair Derek Foxx AYES: Chairman Bob Lowe, Vice -Chair Derek Foxx, Alexander Tommie, Stewart Mencer, Kevin Griffin NAYS: None EXCUSED: None B. 2021 BOA Meeting Calendar Approval RESULT: APPROVE MOVER: Vice -Chair Derek Foxx SECONDER: Board Member Alexander Tommie AYES: Chairman Bob Lowe, Vice -Chair Derek Foxx, Alexander Tommie, Stewart Mencer, Kevin Griffin NAYS: None EXCUSED: None Chairman Lowe requested Board Secretary to provide calendar to board members and add to agenda October if any changes. 9. ANNOUNCEMENTS Chairman Lowe reminded board members that this is a quasi-judicial boards and disclosures are to be made. 10. ADJOURN Mr. Mencer motioned to adjourn the meeting and Vice -Chair seconded the motion. RESULT: APPROVE MOVER: Stewart Mencer SECONDER: Vice -Chair Derek Foxx AYES: Chairman Bob Lowe, Vice -Chair Derek Foxx, Alexander Tommie, Stewart Mencer NAYS: None EXCUSED: Kevin Griffin Meeting adjourned at 11:50 am. 8 1 p„ Page 11 of 112 Board of Adjustment Wednesday, September 23, 2020 9:30 AM 9 1 p„ Page 12 of 112 Board of Adjustment Workshop Tuesday, October 6, 2020 9:15 AM BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA WORKSHOP October 6, 2020 Convened: 9:15 AM Adjourned: 12:13 PM 1. CALL TO ORDER The meeting was called to order at 09:15 AM by Chairman Robert Lowe Sr. 2. ROLL CALL Present Chairman Robert Lowe, Vice -Chair Derek Foxx, Board Member Kevin Griffin (arrived at 9:30 am), Board Member Stewart Mencer, Board Member Alexander Tommie Excused N/A 3. AGENDA ITEMS A. Introductions- Benjamin Balcer, Assistant Director of Planning Division B. Powers and Duties as per Chapter 12 LDC- Benjamin Balcer, Assistant Director of Planning Division Labels for notebooks to keep for Public Record C. Standards of Variance- Linda Pendarvis, Planning Manager Notable conversations regarding decision types to include administrative appeals, eminent domain, and variances. Hardship example provided by Linda Notable conversation on administrative appeal example. Page 13 of 112 Board of Adjustment Workshop Tuesday, October 6, 2020 9:15 AM Leslie Olson, Director of Planning Division had discussions with the board regarding administrative appeals process and examples. D. Action of BOA- Katherine Barbieri, Assistant County Attorney • Notable conversation regarding use of Voting Conflict Form, quasi-judicial, sunshine law, code of ethics, conflict of interest (recusal) and standards stated during motions. E. 2020 Meetings • November 18, 2020 is the modified meeting date • December Meeting cancelled F. Adjournment • Meeting adjourned by Chairman Lowe at 11:30 am Page 14 of 112 ITEM NO. (ID # 2020-50495) S54fo L U C AGENDA REQUEST TO: Board of Adjustment PRESENTED BY: Kristopher Mccrain, Associate Planner SUBMITTED BY: Planning & Development Services SUBJECT: Joseph Branca Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion 5. Public Comment 6. Board Discussion/Decision BACKGROUND: DATE: 10/28/2020 RES NO: BOA-2020-010 A petition of Joseph Branca 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 of the RS-4 (Residential, Single -Family — 4 du/ac) Zoning District. The request seeks to allow an existing pole barn to encroach into the required 15- foot rear yard setback by no more than 10.7 feet, providing a 4.3 foot rear yard setback; and to allow an existing 10'x10' metal shed to encroach into the required 15-foot rear yard setback by no more than 14.3 feet in the rear, providing a 0.7 foot rear yard setback, and to encroach into the required 7.5-foot side yard setback by no more than 5.2 feet, providing a 2.3 foot side yard setback for this structure PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends denial of the requested Variance 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 Page 15 of 112 SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: October 21 2020 Linda Pendarvis, Planning Manager Date: October 21, 2020 Benjamin Balcer, Planning & Development Services Assistant Director Date: October 21, 2020 Katherine Barbieri, Assistant County Attorney III Page 16 of 112 Board Memorandum TO: Board of Adjustment THROUGH: Linda Pendarvis, Planning Manager Kori Benton, AICP, Assistant Planning Manager FROM: Kris McCrain, Associate Planner DATE: October 28, 2020 SUBJECT: Petition of Joseph Branca 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 an existing pole barn and metal shed to encroach into the required rear and side yard setbacks. ITEM NO.: 2020-010 AGENDA 2020-50495 NO.: Agenda Item 7.A. Location: 4960 Conley Place, Fort Pierce, FL. 34951 Zoning District: RS-4 (Residential, Single -Family — 4 du/ac) Future Land Use: RM (Residential Medium) Purpose: Allow an existing pole barn to encroach into the required 15 ft. rear yard setback by no more than 10.7 ft., providing a 4.3 ft. rear yard setback; and to allow an existing 10 ft. x 10 ft. metal shed to 1) encroach into the required 15 ft. rear yard setback by no more than 14.3 ft. in the rear, providing a 0.7 ft. rear yard setback, and 2) encroach into the required 7.5 ft. side yard setback by no more than 5.2 ft., providing a 2.3ft side yard setback, respectively. Existing Use: Single -Family Residence Utilities: Sewer— Private Septic System Water — Private well Surrounding Zoning: The RS-4 (Residential, Single -Family — 4du/ac) Zoning District surrounds the subject property to the north, south, and west. The U (Utilities) and RM-5 (Residential, Multi -Family — 5du/ac) Zoning District are located east of the subject parcel. Roadway Improvements: None BACKGROUND: Page 17 of 112 Board of Adjustment Staff Report Joseph Branca Variance (BA-8202025834) October 28, 2020 The un-platted parcel located at 4960 Conley Place, Fort Pierce is zoned RS-4 (Residential, Single -Family — 4 du/ac) with an RM (Residential, Medium) Future Use designation, and is located within the Urban Service Boundary (USB). The petitioner, Joseph Branca, is requesting a Variance to permit an existing pole barn to encroach into the required 15 ft. rear yard setback by no more than 10.7 ft., providing a 4.3 ft. rear yard setback; and to also allow an existing 10'x10' metal shed to encroach into the required 15 ft. rear yard setback by no more than 14.3 ft. in the rear, providing a 0.7 ft. rear yard setback, and also encroach into the required 7.5 ft. side yard setback by no more than 5.2 ft., providing a 2.3ft side yard setback, respectively. The structures are accessory to an existing single-family home built in 1996 by the previous property owner. The pole barn is utilized for storage of a private boat and similar, while the shed is utilized to store miscellaneous yard equipment. Exhibit 1, below, identifies the property and structures subject in the Variance request. The pole barn was recently constructed without a permit. Extnnit is rroposeag-;onstruction UNP A7IT-1.1) ' F• a(71Nr UFBEGINNINC .P(71MT OF BEGINNING E. -a (PARCELi� � S00'1T10"W 359,00' ' /(PARCEL2) 77 Shed wW' 4.3 ft. h a .,. ❑e "' yWy Setback Poly Ba x it a� I PA[4i..F..1.. 1 z ,1T�"apz nie.7� i� arrvr S 00*' r. CONLEY PLACE alrs uu�va... UNPLAITED P V,w, P@IVG.i I Wny Setback The subject 1.04-acre property (45,234 ft2) is rectangular shaped and approximately 359' X 126' 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 10,000 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 Minimum Yard Max Lot Zoning District Size (sf) Width Road Frontage Coverage Front Rear Side RS-4 Residential, Single- 10,000 ft2 75 ft. 30 ft. 25 ft. 15 ft. 7.5 ft. 30% Family — 4 du/ac 0a Page 18 of 112 Board of Adjustment Staff Report Joseph Branca Variance(BA-8202025834) October 28, 2020 ENVIRONMENTAL REVIEW: Background: The Environmental Resources Department (ERD) is in receipt of the August 31, 2020 date -stamped submittal from Planning and Development Services. The applicant is seeking approval of a variance to decrease the minimum required construction setback of 15-ft to the rear (east) property line to allow for a recently constructed pole barn. The existing pole barn's building foundation measures 4.3-ft to the rear property line. The subject site consists of one (1) single family residence and one (1) pole barn. The 1.02-acre parcel (Parcel ID 1313-131-0007-000-6) is located at 4960 Conley Place in Fort Pierce and is zoned RS-4. Findings: A `Notice of Vegetation Removal Permit Exemption' - Permit # 20191140 - was issued on 12/04/2019 for the removal of slash pine trees within the area of the pole barn. At that time, it was determined that these slash pine trees did not meet the size threshold for required mitigation. The proposed variance is not anticipated to result in any adverse environmental impacts as the lot is already developed and no increase to the existing construction footprint is proposed. Recommendation: The Environmental Resources Department has no objection to 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. The applicant constructed the pole barn within the required fifteen (15') foot rear yard setback. Furthermore, the existing 10'x10' metal shed was erected without a building permit and does not meet the rear or side yard setbacks, as required for the RS-4 (Residential, Single -Family — 4 du/ac) Zoning District. Although native trees exist on the property, lot area is available to relocate the structures within the required setbacks. 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. Page 19 of 112 Board of Adjustment Staff Report Joseph Branca Variance(BA-8202025834) October 28, 2020 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 St. Lucie County Water Treatment Facility. 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 relocate the pole barn and metal shed to meet the required minimum rear and side 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 therefore, recommends denial of the requested Variance. Page 20 of 112 Board of Adjustment Staff Report Joseph Branca Variance(BA-8202025834) October 28, 2020 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 JOSEPH BRANCA, FOR A VARIANCE FROM THE PROVISIONS OF ST. LUCIE COUNTY LAND DEVELOPMENT CODE SECTION 7.04.01 (TABLE 7-10) LOT SIZE DIMENSIONAL REQUIREMENTS, TO ALLOW AN EXISTING POLE BARN TO ENCROACH INTO THE REQUIRED 15 FT. REAR YARD SETBACK BY NO MORE THAN 10.7 FT., PROVIDING A 4.3 FT. REAR YARD SETBACK; AND TO ALLOW AN EXISTING 10'X10' METAL SHED TO 1) ENCROACH INTO THE REQUIRED 15 FT. REAR YARD SETBACK BY NO MORE THAN 14.3 FT. IN THE REAR, PROVIDING A 0.7 FT. REAR YARD SETBACK, AND 2) ENCROACH INTO THE REQUIRED 7.5 FT. SIDE YARD SETBACK BY NO MORE THAN 5.2 FT., PROVIDING A 2.3FT SIDE YARD SETBACK, RESPECTIVELY, 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 JOSEPH BRANCA, FOR A VARIANCE FROM THE PROVISIONS OF ST. LUCIE COUNTY LAND DEVELOPMENT CODE SECTION 7.04.01 (TABLE 7-10) LOT SIZE DIMENSIONAL REQUIREMENTS, TO ALLOW AN EXISTING POLE BARN TO ENCROACH INTO THE REQUIRED 15 FT. REAR YARD SETBACK BY NO MORE THAN 10.7 FT., PROVIDING A 4.3 FT. REAR YARD SETBACK; AND TO ALLOW AN EXISTING 10'X10' METAL SHED TO 1) ENCROACH INTO THE REQUIRED 15 FT. REAR YARD SETBACK BY NO MORE THAN 14.3 FT. IN THE REAR, PROVIDING A 0.7 FT. REAR YARD SETBACK, AND 2) ENCROACH INTO THE REQUIRED 7.5 FT. SIDE YARD SETBACK BY NO MORE THAN 5.2 FT., PROVIDING A 2.3FT SIDE YARD SETBACK, RESPECTIVELY, WITHIN THE RS-4 (RESIDENTIAL, SINGLE-FAMILY — 4 DU/AC) ZONING DISTRICT, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC). 5 Page 21 of 112 ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 httl2://www.stiucieco.org/planning/plannin.g.htm DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Tvoe rcheck each that applies Site Plan Rezoning s ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop, (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) Final Planned Non -Res. Develop. (PNRD) Conditional Use I ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance X Variance ❑ Variance to Coastal Setback Line Other ❑ Administrative Relief ❑ Class A Mobile Home a ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change 6 ❑ Land Development Code Text Amendment' ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # s ❑ Shoreline Variance ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7,10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements g ❑ Appeal of Decision by Administrative Official10 ❑ Eminent Domain Waiver's Application Supplement Packages 1. Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2. Variance 7. LDC Text Amendment Administrative Official 3. Rezoning / Zoning Atlas Amend. 8, Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan 5. Class A Mobile Home 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 1 of G Revised May 6, 2013 Page 22 of 112 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: Variance Supplemental Application Package No.: 2 (Please provide separate fee calculation worksheet for each application type) ❑ BASE REVIEW FEE: $ 850.00 (A) ❑ CONCURRENCY FEE: $ (B) ❑ ERD REVIEW FEE: $ (C) ❑ UTILITIES $ ❑ PER ACREAGE CHARGE: $ (D) ❑ RESUBMITTAL FEE: (if applicable) $ (E) OTHER $ SUBTOTAL OF BASIC FEES: $ ❑ PRE -APPLICATION MEETING FEE: (F) $( ) deduction Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $ 850.00 SEPARATE CHECK FOR TRAFFIC IMPACT STUDY -- Ordinance No. 06-047; amending Chapter 6.11.01 of the St. Lucie County Land Development Code u $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 31d 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 Meeting Request cant Name Signature of applicant (For office use only) INTAKE REVIEWER - SIGNATURE DATE VERIFIED BY - SIGNATURE DATE File #: Receipt #: Targeted Industry: Page 2 of 6 Revised March 15, 2016 Page 23 of 112 Submittal Requirements The following checklist is provided as a reminder. 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: ® Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) ® Aerial Photograph — property outlined (available from Property Appraiser's office tR Property Deed ® Legal description, in MS Word format, of subject property ❑ Property Tax Map — property outlined (electronic copy not required) ® Survey (24x36) 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or ❑ 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 or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ❑ Site Plan 24" x36" at a scale of V=50' (12 copies- folded, not rolled) ❑ Boundary Survey (24x36) — Signed and Sealed (12 originals) ❑ Topographic Survey (24x36) — Signed and Sealed (12 originals) ❑ Landscape Plan -- Signed and Sealed (12 originals) ❑ Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. 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 if applicable (4 copies) ❑ Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 cozies of the following: ❑ Main Application and back up material ❑ Approved Site Plan and copy of approved Development Order ❑ Plat - Include extra copies of Plat for applicable conditions of approval (3 Original Mylars Needed for Recording) *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s). Page 3of6 Revised March 15, 2016 Page 24 of 112 Project Information Project Name: Site address: Parcel ID Number(s): Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) Property location -- Section/Township/Range: Property size -- acres: Square footage: Future Land Use Designation: Zoning District: Description of project: (Attach additional sheets if necessary) Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing Proposed: ❑ Industrial Total Square Footage: Existing Proposed: ❑ Residential No. of residential units: Existing Proposed: No. of subdivided lots: Existing Proposed: ❑ Other Please specify: Number and size of out parcels (if applicable): Page 4 of 6 Revised March 15, 2016 Page 25 of 112 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. ACKNOWLEDGMENTS Applicant Information (Property Developer): Agent Information: Business Name: Business Name: Fee, Yates & Fee, PLLC Name: Joseph Branca Name: Frank H. Fee, IV, Esq Address: 4960 Conley PI, Fort Pierce, Florida 34951 Address: 426 Avenue A Fort Pierce, Florida 34950 (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: t �_ t Phone: 772 461 -5020 Fax: Fax: Email: Email: hfee@feeyateslaw.com 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 property owners of record, which shall serve as an acknowledgment of the submittal of this applic�aonapproval. The property owner's signature below shall also serve as authorization for the above appligan£ 9 a ent to act on behalf of said property owner. Property Owner 5ignature Maili96 Address: 4960 Conley Pl, Fort Pierce, Florida 34951 0 scpb A ri Property Owner Name (Printed) Phone: `7-1:,-- ' —70— tl l a if more than one owner, please submit additional pages STATE OF r to f t �,,t COUNTY OF The foregoing instrument was acknowledged before me this < day of l�, 20 Q—C� by who is p6rsonaliy know to me or who has produced --- W 1 as identification r Signature of Notary \\\1i�IffwWrint Commission Nu Page 5 of 6 Revised March 15, 2016 Aer,'�PU.'Y"s T z ;x 03s3 2 a � Y1b1aed thN y G . �UndetWt,•4���� Name of Notary Page 26 of 112 Required Document Namin 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 CD Aerial Photograph PDF Aerial. df Application PDF Application.pdf Approval Order PDF ApprovalOrder,pdf Architectural Elevations PDF ArchElev. df Boundary 1 Topographic Survey PDF BoundaryTopo,pdf Drainage / Stormwater Plan PDF Draina ePln. df Easements PDF Easements. df Environmental Impact Report PDF or Word EIR. df or EIR.doc Existing Condition Plan PDF Existin Cond.pdf Flood Plain PDF or Word Flood. df or Flood. Doc Landscape Plan PDF Landsca e. df Legal Description Word Le al.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Paving Plan PDF Paving.pdf Permit (External) PDF Permit. df Plat PDF Plat. df or Plat.doc Property Deed PDF Deed. df Site Plan PDF SitePlan. df Traffic Impact Report PDF or Word TIR. df or TIR,doc Tree Survey PDF Tree. df Turtle Protection PDF or Word Turtle. df or Turtle.doc Utility Plan PDF Utillit . df Vegetation Removal Application PDF Ve etation. df Page 6 of 6 Revised March 15, 2016 Page 27 of 112 Supplement 2 Variance Application Supplement Refer 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.) Joseph Branca of 4960 Conley PI, Fort Pierce, Florida 34951 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted; Mr. Branca requests an eleven (11) foot Variance to allow his pole barn located 4.3 feet off his East property line to remain as constructed. 3. State the specific hardship imposed on the owner by the LDC? To remove and relocate the pole barn eleven (11) feet to the West would create an undue and substantial economic hardship, which is not necessary after due consideration given to the pole barn's immediate physical surroundings. The nearest habitual structure located closest to the pole barn, aside form Mr. Branca's home, is over a hundred feet away 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. Most neighbors in the immediate vicinity to the subject property have customarily stored their recreational vehicles and secondary vehicles in a sprawling fashion promoting clutter which reduces curb appeal within the subject neighborhood. The variance requested arises from a condition that is unique and peculiar to the neighborhood in that Mr. Branca desires to be a good neighbor by constructing the pole barn for the purpose of storing his vehicles and boats. This is a conscious and neighborly effort by Mr. Branca to free the street and to remove from plain view of his neighbors such recreational vehicles. The construction of the pole barn was intended to be a positive effort to enhance the aesthetics of the surrounding neighborhood. 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, Tile construction of the pole barn was intended to be a positive effort to enhance the aesthetics of the surrounding neighborhood. Furthermore, there are no habitual structures located in close proximity to the pole barn. The nearest habitual structure located closest to the pole barn, aside form Mr. Branca's home, is over a hundred feet away. To remove and relocate the pole barn eleven (11) feet to the West would create an undue and substantial economic hardship, which is not necessary after due consideration given to the pole barn's immediate physical surroundings. Furthermore, the pole barn will not increase the congestion in the public streets as this structure is intended to store recreational vehicles and will not be used commercially. 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. The nearest habitual structure located closest to the pole barn, aside form Mr. Branca's home, is over a hundred feet away. the purpose of the pole barn is to free the street and to remove from plain view of his neighbors such recreational vehicles and to prevent sprawling clutter. Page 28 of 112 Supplement 2 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. The eleven (11) foot Variance is needed because to grant a lesser Variance would require the structure to be removed. 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. Canopy structures like pole barns are permitted under the LDC the 5t. Lucie County Comprehensive Plan. 9. Is this variance request located within a Homeowners or Property Owners Association? YES NN 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 e 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 answr hese questions at the public hearing, A"lica6it or Agent Namq, printed) rovv\ Page 2 of 3 Revised: February 5, 2013 Sign dre To5eph ocot Page 29 of 112 Supplement 2 Variance Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 10,01.00 for details i . I (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.) Joseph Branca of 4960 Conley PI, Fort Pierce, Florida 34951 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: Mr. Branca requests an eleven (11) foot Variance to allow his pole barn located 4.3 feet off his East property line to remain as constructed. 3. State the specific hardship imposed on the owner by the LDC? To remove and relocate the pole barn eleven (11) feet to the West would create an undue and substantial economic hardship, which is not necessary after due consideration given to the pole barn's immediate physical surroundings. The nearest habitual structure located closest to the pole barn, aside form Mr. Branca's home, is over a hundred feet away 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. Most neighbors in the immediate vicinity to the subject property have customarily stored their recreational vehicles and secondary vehicles in a sprawling fashion promoting clutter which reduces curb appeal within the subject neighborhood. The variance requested arises from a condition that is unique and peculiar to the neighborhood in that Mr. Branca desires to be a good neighbor by constructing the pole barn for the purpose of storing his vehicles and boats. This is a conscious and neighborly effort by Mr. Branca to free the street and to remove from plain view of his neighbors such recreational vehicles. The construction of the pole barn was intended to be a positive effort to enhance the aesthetics of the surrounding neighborhood. 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. The construction of the pole barn was intended to be a positive effort to enhance the aesthetics of the surrounding neighborhood. Furthermore, there are no habitual structures located in close proximity to the pole barn. The nearest habitual structure located closest to the pole barn, aside form Mr. Branca's home, is over a hundred feet away. To remove and relocate the pole barn eleven (11) feet to the West would create an undue and substantial economic hardship, which is not necessary after due consideration given to the pole barn's immediate physical surroundings. Furthermore, the pole barn will not increase the congestion in the public streets as this structure is intended to store recreational vehicles and will not be used commercially. 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. The nearest habitual structure located closest to the pole barn, aside form Mr. Branca's home, is over a hundred feet away. the purpose of the pole barn is to free the street and to remove from plain view of his neighbors such recreational vehicles and to prevent sprawling clutter. Page 30 of 112 Supplement 2 7. State why this variance Is the minimum variance that will make possible a reasonable use of the land, building and structures. The eleven (11) foot Variance is needed because to grant a lesser Variance would require the structure to be removed. B. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. Canopy structures like pole barns are permitted under the LDC the St. Lucie County Comprehensive Plan. 9. Is this variance request located within a Homeowners or Property Owners Association? YES 0 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 041 • 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 AGA, 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 qt by the applicant for a variance and will be prepared to ansM public hearing. ica6t or Agent Name 1printed) Sign re Page 2 of 3 Revised: February 5,2013 ns to be answered to questions at the i tSe ph %3mncvt Page 31 of 112 Supplement 2 10. Name of Association 11. Is there a letter from that association attached? YES NO 1� 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. Joseph Branca Name) swear (or affirm) that the information and facti,stait�t n*n the application is true and correct. Applicant Signature Date: STATE OF Florida COUNTY OF St. Lucie The foregoing instrument was acknowledged before me this 12, day of 20 20 by Joseph Branca whom i ersonally known o m r who has produced- as identification. Sig ig tune of Notary Type or Print Name of Notary &461VICommission Number (Seal) ft — 100 0 *WL; Pyi% JAMI; "MONNO)lk A Notary Public - State of Florida AF1.1 Commission # GG 963729 My Comm. Expires Feb 27, 202024 Notary Bonded through National Notary Assn. Page 32 of 112 This Instrument Prepared by: PRANK H. FEE, IV, ESQUIRE FEE, YATES & FEE, PLLC 426 Avenue A Fort Pierce, Florida 34950 Return to: JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4634113 10/25/2019 03:24:13 PM OR BOOK 4337 PAGE 2832 - 2834 Doc Type: UT RECORDING: $27.00 UNITY OF TITLE DECLARATION For and in consideration of development permits or approvals provided, or to be provided, by governmental entities having jurisdiction, Joseph Branca ("Declarant"), whose address is 4960 Conley Pl, Foil Pierce, FL 34951, hereby declares, to wit: WITNESSETH: WHEREAS, Declarant is the owner of two contiguous parcels of real property more fully described on Exhibit "A" hereto ("Property") pursuant to deeds of conveyance duly recorded among the Public Records of St. Lucie County, Florida; and WHEREAS, the Property of Declarant is assessed on the tax roll of St, Lucie County, Florida under two separate and distinct parcel identification numbers, to wit: 1313-131-0007- 000/6 and 1313-131-0008-000/3; WHEREAS, Declarant wishes to conjoin both the parcels of the Exhibit "A" real property as a single separate and distinct Property for residential purposes by this Declaration. NOW, THEREFORE, in considerationof the premises above set forth, including the development approvals requiring this Declaration, Declarant hereby agrees and declares to restrict its Property in the following manner: 1. All of the Exhibit "A" Property shall hereafter be considered as one plot or parcel of land such that no portion thereof shall be sold, transferred, devised, or assigned separately and distinct from the entire parcel of the Property as described on Exhibit "A 2, Declarant further agrees and declares that this unity of title condition, restriction and limitation shall be deemed a covenant running with the land at law, and in equity, and the same shall remain in full force and effect and be binding upon the Declarant, and its successors and assigns, until such time as the same may be released by recordable instrument given by St. Lucie County, a political subdivision of the State of Florida, or any governmental agency having jurisdiction. Page 1 of 3 Page 33 of 112 3. Declarant agrees that this instrument shall be spread upon the Public Records of St. Lucie County, Florida. c" AWITNES WH ,REOF, Declarant has caused these presents to be executed this ay of , 2019. Signed, Sealed and Delivered in the Presence of: STATE OF FLORIDA COUNTY OF ST. LUCIE �HEREU C TIFY that the foregoing instrument was acknowledged,before me this day of 19, by Joseph Branca, who is p e'i-sonally known �o me or who �� provided as 1dcntcationd who°„d1d-riot take an oath. �J 0 TARPUB My Commission Expires: My Commission No,: .• 3 OST 20, M 303161 ?'bile 010 'W/4161111MO Page 2 of 3 Page 34 of 112 EXHIBIT "A" PARCELI: Begin at the Northeast corner of the Southwest Quarter of the Northeast Quarter of Section 13, Township 34 South, Range 39 East, St. Lucie County, Florida: thence run South along the Quarter Section line 198 feet for the Point of Beginning; thence continue South 179.5 feet to a point: thence turn and run West 126 feet to a point; thence turn and run North 179.5 feet to a point; thence turn and run East 126 feet to the Point of Beginning. Parcel ID No, 1313-131-0007-000/6 PARCEL 2: Begin at the Northeast corner of the Southwest 1/4 of Northeast 1/4 of Section 13, Township 34 South, Range 39 East; thence run South along quarter section line 377.5 feet for Point of Beginning; thence continue South 179.5 feet to a point; thence turn and run West 126 feet to a point; thence turn and run North 179.5 feet to a point; thence turn and run East 126 feet to Point of Beginning. All lying and being in St. Lucie County, Florida. Parcel ID No. 131313100080003 Page 3 of 3 Page 35 of 112 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 3971090 OR BOOK 3648 PAGE 817, Recorded 06/30/2014 at 04:08 PM Doc Tax: $1225.00 This Document Prepared By and Return to: Elizabeth Moran St. Lucie Title Services, Inc. 800 Virginia Ave., Suite 47 Fort Pierce, FL 34982 Parcel ID Number: 1313 -131- 0 0 0 7- 0 0 0/ 6 Warranty Deed This Indenture, Made this 3 0 th day of June , 2014 A.D. , Between Joan B. Cade, a single woman of the County of St. Lucie , State of Florida , grantor, and Joseph Branca, a single man whose address is: 4960 Conley Place, Fort Pierce, FL 34951 of the County of St. Lucie , State of Florida , 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 S t . Lucie State of Florida to wit: Begin at the Northeast corner of the Southwest Quarter of the Northeast Quarter of Section 13, Township 34 South, Range 39 East, St. Lucie County, Florida: thence run South along the Quarter Section line 198 feet for the Point of Beginning; thence continue South 179.5 feet to a point: thence turn and run West 126 feet to a point; thence turn and run North 179.5 feet to a point; thence turn and run East 126 feet to the Point of Beginning. and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. In Witness Whereof, the grantor has hereunto set her hand and seal the day and year first above written. Signedj,valeq and delivered in our presence: Prepared by and return to: Hank Fee Fee & Fee, PLLC 426 Avenue A Fort Pierce, FL 34950 (772)461-5020 File Number: 19-154 Will Call No.: JO5EPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4634112 10/2512019 03:24:13 PM OR BOOK 4337 PAGE 2830 - 2831 Doe Type: DEED RECORDING; $18.50 Doc Tax: $35.00 Above This Line For Recording Warranty Deed This Warranty Deed made this 24th day of October, 2019 between Kyle Parrish, a married man and Lecanne Parrish, a married woman whose post office address is 4215 Gator Trace Ave, APT L, Fort Pierce, FL 34982, grantor, and Joseph Branca, a married snail whose post office address is 4960 Conley Pl, Fort Pierce, FL 34951, 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, (rusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND N01100 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 St. Lucie County, Florida to -wit: Begin at the Northeast corner of the Southwest 1/4 of Northeast 1/4 of Section 13, Township 34 South, Range 39 Last; thence run South along quarter section line 377.5 feet for Point of Beginning; thence continue South 179.5 feet to a point; thence turn and run West 126 feet to a point; thence turn and run North 179.5 feet to a point; thence turn and run East 126 feet to Point of Beginning. All lying and being in St. Lucie County, Florida. Parcel Identification Number, 131313100080003 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 11/30/2018. 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: Wittiest Kyle Parrish Pt=itt.ted Name: (73 Witness Printed Narne: � 2 'S Page 37 of 112 ess ir_ Wihie s Printed Name: -�-� State of Florida County of St. Lucie L. eanne Parrish The foregoing instrument was acknowledged before me this 24th day of October, 2019 by who L] are personally known or j l ve produced a driyer's-lice5is'e`as,jdentification, �. [Notary Seal] Public Printed Name: My Commission Expires: Leeanne Parrish, A •�•.� h. 6oabs�Joa.' d� auaIA '.""O'��� File Number; 19-154 Warranty Peal — Page 4 Page 38 of 112 Ad Map Location Map Indian River County Y D E E W Indn0 Rd b 6 Subject Parcel E � o 'V Sunshine State Parkway �e r St. Lucie Blvd f 5 K m Juanita Ave C25 Canal (Belcher Canal)___ _____...._....._. kale. Rd Avenue D Change Ave �5 M -yr N 10a o . E E o p N � Viryinla Ave 3 Po t V) Page 39 of 112 Aerial Map Owners Mail -Out Ma Joseph Branca Variance BA - 8202025834 Owners Mailout o^ ............................................................................ ........, ,�o tiP _ _ ♦1f PALEOVINES ■ .. CIR R♦ PALEU PINES OR ■ y > � U • . � R • R R . f R # f# ....s ■�.. f 1 1 f R R 1 .� J O ® Subject Parcel N .....anon Buffer ,, 0 25LII 500 750 1,000 Parcels within 50OR Butler Feet 1., 12. 1— Page 40 of 112 Zoning Map Future Land Use Map Page 41 of 112 O Cn 4�:, W N 2 m co m D Z C7 Cn Cn 2 Z 2 m m O z D m CO D Cl) m 0 O z m m Cn m O m _r Z m D z G7 D W m D z O O m Cn O O 0 Cn O m m m D i C ;C7 m Cn z O 0 D z O Cl) C7 D r m z O 0 m O CO O 0 m D F Z O m D C7 2 O 2 m C CA r C7 m C) O 70 0 m O m m c O C/a m O m D CA C/) D C7 Z G) r m D co m m O m c 00 2 co O m O D r 0 m Cn C7 O z Z7 O 0 m a� C� r m Z 7-1 0 O r m co D Z m (J� m zu 0 r m Z m fJ c m Cn O Co N O IV p * v-u-u-uv-uOZZZZ�rr—Tnmom;o > TC7 OM(=Z M>>>r->M�r-OZZZZ�—M —r-o>— OmczmmDDD>Dmo�TDODOmommzmOO� z��oz�zo:C7DG�:c70D���7ZZ mzC� moCC)m �Ozccn�Omz��Dz=oO�m=Tm�mrz m�� z�� O m� �r-m<nnoo D0Ozm�� m m� �� �z nm7�r- c 000 00-uo m z mD OOn m cn z0 r�z � z z mcn �oD z x �<r" D n D MC o�z m r Cn — _ m < C') G !n Cnz D m Z C,)-< Om� c� � m0 ��n n m E: C-j D --Ic o D D m m > D C �> C� c m Public Hearing Date: Wednesday, October 28, 2020 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL. 34982 Meeting Time: 9:30 AM (or soon thereafter) ApplicantlProperty Owner Joseph Branca 4960 Conley Place Fort Pierce, FL 34951 Agent Fee, Yates & Fee, PLCC Frank H. Fee, IV, Esq. 426 Avenue A Fort Pierce, FL 34951 Proiect Location 4960 Conley Place Fort Pierce, FL 34951 Future Land Use RM (Residential Medium) Existing Zoning RS-4 (Residential, Single -Family - 4du/ ac) Staff's Recommendation Denial of the requested variance. Public Hearing Notice Notice of Proposed Variance Request Proiect Description The request of Frank H. Fee, IV, Esq., Fee, Yates & Fee, PLCC, on behalf of Joseph Branca, 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, within the RS-4 (Residential, Single -Family — 4 du/ac) Zoning District. If approved, the Vari- ance will allow an existing pole barn to encroach into the required 15 ft. rear yard setback by no more than 10.7 ft., providing a 4.3 ft. rear yard setback; and to allow an existing 10'x10' metal shed to 1) encroach into the required 15 ft. rear yard setback by no more than 14.3 ft. in the rear, providing a 0.7 ft. rear yard setback, and 2) encroach into the required 7.5 ft. side yard setback by no more than 5.2 ft., providing a 2.3ft side yard setback , respectively. The St. Lucie County Board of Adjustment (BOA) has the power to authorize vari- ances from the dimensional requirements in accordance with the provisions of Sec- tion 10.01.00, of the St. Lucie County Land Development Code. All interested persons will be given an op- portunity to be heard. 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 encouraged to wear masks or similar devic- es, 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 Tahir Curry, Project Man- ager, 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 Adjustment should be received by the Planning and Development Services Department - Plan- ning Division by noon prior to the sched- uled hearing. Anyone with a disability requiring accom- modations to attend this meeting may con- tact 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 Plan- ning and Development Services Depart- ment —Planning Division please contact: Staff Kristopher McCrain Tel (772) 462-1265 Email McCrainK@stlucieco.org Date Mailed October 16, 2020 Page 43 of 112 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@stlucieco.org Fax: (772) 462-1265 PROPOSED REQUESTED VARIANCE: The request of Joseph Branca, 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 for existing pole barn to encroach into the Project required 15-foot rear yard setback by no more than 10.7 feet, providing Description: a total rear yard setback of 4.3 feet; and also allow an existing 10x10 metal shed to encroach into the required 15-foot rear yard setback by no more than 14.3 feet in the rear, providing a total rear yard setback of 0.7 feet, and to encroach into the required 7.5-foot side yard setback by no more than 5.2 feet, providing a total side yard setback of 2.3, within the RS-4 Residential, Single -Family — 4 du/ac Zoning District. Project Location: 4960 Conley Place, Fort Pierce, FL. 34951, Fort Pierce, FL 34951 Current Zoning:RS-4 (Residential, Single -Family File No.: BA- 8202025834 — 4 du/ac If you wish to comment, please check only one of the three following statements and return no later than Monday, October 26, 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. � , ,)1,r r lit a c }, 18, 2 () n1 Page 44 of 112 ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLlqJ1EARING AGENDA Wednesday, October 28, 2020 NOTICE OF PROPOSED VARIANCE REQUEST Notice is hereby given in ac- cordance with Section 11.00.03 of the St, Lucie Coun- ty Land Development Code and the Provisions of the St. Lucie County Comprehensive Plan that the,St. Lucre County Board of Adjustment will con- sider the following request: PURPOSE: A petition of Joseph Branca for a Variance from the provisions of St, Lu- cie County Lind Development Code Section 7,04.01 (Table 7- 10) - Lot Size and Dimensional Requirements of the RS-4 (Residential, Single -Family — 4 dulac) Zoning District, The re- quest seeks to allow an exist- ing pole barn to encroach into the required 15-foot rear yard setback by no more than 10.7 feet, providing a 43 foot rear yard setback; and to allow an existing 10'x10' metal shed to encroach into the required 15- foot rear yard setback, by no more than 14.3 feet in the rear, providing a 0.7 foot rear yard setback, and to encroach into the required 7.5-foot side y 1 5f yard setback by no more than .2 pet, roviding a 2.3 foot side yard; setback, for this structure, accordinTly, for the following describe property: LOCATION: 4960 Conley Place, Fort Pierce, FL. 34951 , PARCEL I.D.: 1313-131-Q007-000-6 FILE NUMBER: BA-8202025834 The PUBLIC HEARING on this item will be held before the St. Lucie County Board of A.d. ultment on Wednesday, - ��% 2QZO beginning al 9:30-1-a-m or as soon thereafter as possible in the Commission Chambers, Roger Poitras An nex, .3rd Floor, St. Lucie Coun ty Administration Building 2300 Virginia Avenue, For Pierce, Florida. As of the date of this notice the Board intends to conduc the October 28,,2020 publi, hearing . at the County Com mission Chambers with th, Pub ic able to physically at tend I n person, 'as outline( above. The public is advise,d't, contact the County at (772 462-2822 or visit the County' website at https://www.stlucli co-,g,pv the day before th meeting for any notification regarding changes in th meeting schedule or forma necessitated by the COVID-1 pandernic. All interested persons will be Pliven an opportunity to be eard. Written comments re- ceived in advance of the pub- lic hearing will also be consid- ered. The public will be able to physically attend this rneet- ing, but seating in the Cham- bers will be regulated to corn-' ply with social distancing pro- tocols. Members of the public that do attend are required to wear masks or similar devices, which cover the nose and rnouth. If residents are con- cerned about COVID-19 or have health concerns, please refrain from coining to public meetings in person. You can contact Kristooier 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 wa s: oEmail at 6cCrainK@stlucieco. o rg;. oEmail at publiccomment@s,t,l,u cieco.org; or oResidents 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 Set -vices De- rartment - Planning Division y noon on the day prior to the scheduled hearing. :Corn- ments will be distributed to the Board in advance of the meeting and included in the record provided the com- ments comply with the Coun- ty's rules. Comments received by phone will be either played at the Board meeting or tran- scribed do written form pro- vided that the comments com- ply with the County's rules. The petition file is available for review at the Planning and Development Services De- partment — Planning Division offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida during regular business hours, Please call(772) 462-2822 or TDD (772) 462-1428 If You have any questions or require addition- al information about this peti- tion. The St. Lucie County Board of Adjustment has the power to authorize variances from the dimensional requirements of the St. Lucie County Land De- velopment Code, in accord- ance with the Provisions of Section 10.01.00, of the St. Lu- cie County Land Development Code. The proceedings of the Board of Adjustment are electroni- cally 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 of the proceedings. For such purpose, he or she may need to ensure that a verba- tim 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. An rarty to the proceeding will e granted an opportunity to cross-examine any individual testifying clUrin7 a hearing RECEIVED . .. . ... .. ... necessary, a public hearing may be continued from time to time to a date -certain. Anyone with a disability re- quiring accommodations to attend this meeting should contact the St. Lucie County Risk Manager at least forty- eight (48) 1hours prior to the meetin at (772) '462-1546 or T. D.D.- 8 72) 462-14218, BOARD OF ADJUSTMENT ST, LUCIE COUNTY, FLORIDA /S1 ROBERT LOWE, CHAIRMAN PUBLISH DATE: Friday, Octo- ber 16, 2020 TCN4418220 Page 45 of 112 I Environmental resources Final report TO: Kris McCrain, Planning & Development Services THROUGH: Jennifer McGee, Environmental Regulations Manager Amy E. Griffin, Environmental Resources Director FROM: Brian Arbeiter, Environmental Planner DATE: September 2, 2020 SUBJECT: Joseph Branca Variance BA-8202025834 Background The Environmental Resources Department (ERD) is in receipt of the August 31, 2020 date -stamped submittal from Planning and Development Services. The applicant is seeking approval of a variance to decrease the minimum required construction setback of 15-ft to the rear (east) property line to allow for a recently constructed pole barn. The existing pole barn's building foundation measures 4.3-ft to the rear property line. The subject site consists of one (1) single family residence and one (1) pole barn. The 1.02-acre parcel (Parcel ID 1313-131-0007-000-6) is located at 4960 Conley Place in Fort Pierce and is zoned RS-4. Findings A `Notice of Vegetation Removal Permit Exemption' - permit # 20191140 - was issued on 12/04/2019 for the removal of slash pine trees within the area of the pole barn. At that time, it was determined that these slash pine trees did not meet the size threshold for required mitigation. The proposed variance is not anticipated to result in any adverse environmental impacts as the lot is already developed and no increase to the existing construction footprint is proposed. Recommendation ERD has no objection to the proposed variance. Please contact Brian Arbeiter at 772-462-2866 if you have any questions. 1111111111 �������lllllllllllllllltllllllic E Page 46 of 112 The undersigned, who resides at 5000 Conley PI, Ft Pierce 34951 has viewed and approve the location of the open carport (pole barn) on Joe Branca's homestead property located at 4960 Conley PI, Ft Pierce FI 34951. 1 have no objection to the granting of a variance so that the pole barn can remain as constructed. 71Y/la 1 UO Todd Medlin Date The undersigned, who resides at 4995 Conley PI, Ft Pierce 34951 has viewed and approve the location of the open carport (pole barn) on Joe Branca's homestead property located at 4960 Conley PI, Ft Pierce F134951. 1 have no objection to the granting of a variance so that the pole barn can remain as constructed. r�� The undersigned, who resides at 4900 Conley PI, Ft Pierce 34951 has viewed and approve the location of the open carport (pole barn) on Joe Branca's homestead property located at 4960 Conley PI, Ft Pierce F134951. 1 have no objection to the granting of a variance so that the pole barn can remain as constructed. PaulKuhn Date The undersigned, who resides at who resides at 4870 Conley PI, Ft Pierce 34951 has viewed and approve the location of the open carport (pole barn) on Joe Branca's homestead property located at 4960 Conley PI, Ft Pierce FI 34951. 1 have no objection to the granting of a variance so that the pole barn can remain as constructed. Laura Lucas /j Date Page 47 of 112 e undersigned who resides at 4925 Conley PI, Ft Pierce 34951 has viewed and approve the location of the open ,arport (pole barn) on Joe Branca's homestead property located at 4960 Conley Pl, Ft Pierce FI 34951. 1 have no objection to the granting of a variance so that the pole barn can remain as constructed. Scott Marshall Date The undersigned, who resides at who resides at 4920 Conley PI, Ft Pierce 34951 has viewed and approve the location of the open carport (pole barn) on Joe Branca's homestead property located at 4960 Conley PI, Ft Pierce Fl 34951. 1 have no objection to the granting of a variance so that the pole barn can remain as constructed. /JoseAphMoore Date The undersigned, who resides at who resides at 4945 Conley PI, Ft Pierce 34951 has viewed and approve the location of the open carport (pole barn) on Joe Branca's homestead property located at 4960 Conley PI, Ft Pierce FI 34951. 1 have no objection to the granting of a variance so that the pole barn can remain as constructed. Victoria Curran I I)AAI ' M,A Date Page 48 of 112 The undersigned, who resides at 5000 Conley PI, Ft Pierce 34951 has viewed and approve the location of the open carport (pole barn) on Joe Branca's homestead property located at 4960 Conley PI, Ft Pierce FI 34951. 1 have no objection to the granting of a variance so that the pole barn can remain as constructed. 70- 20 Todd Medlin Date The undersigned, who resides at 499S Conley PI, Ft Pierce 349S1 has viewed and approve the location of the open carport (pole barn) on Joe Branca's homestead property located at 4960 Conley PI, Ft Pierce FI 34951. I have no objection to the granting of a variance so that the pole barn can remain as constructed. —07, llGililF,iit�.f� r The undersigned, who resides at 4900 Conley PI, Ft Pierce 34951 has viewed and approve the location of the open carport (pole barn) on Joe Branca's homestead property located at 4960 Conley Pl, Ft Pierce FI 34951.1 have no objection to the granting of a variance so that the pole barn can remain as constructed. Paul Kuhn - IR, Date The undersigned, who resides at who resides at 4870 Conley PI, Ft Pierce 34951 has viewed and approve the location of the open carport (pole barn) on Joe Branca's homestead property located at 4960 Conley PI, Ft Pierce FI 34951. 1 have no objection to the granting of a variance so that the pole barn can remain as constructed. ---.�� d Laura Lucas Date Page 49 of 112 to undersigned who resides at 4925 Conley PI, Ft Pierce 34951 has viewed and approve the location of the open Arport (pole barn) on Joe Branca's homestead property located at 4960 Conley PI, Ft Pierce Fl 34951. 1 have no objection to the granting of a variance so that the pole barn can remain as constructed. Scott Marshall Date The undersigned, who resides at who resides at 4920 Conley PI, Ft Pierce 34951 has viewed and approve the location of the open carport (pole barn) on Joe Branca's homestead property located at 4960 Conley PI, Ft Pierce Fl 34951. 1 have no objection to the granting of a variance so that the pole barn can remain as constructed. Ub Joseph Moore Date The undersigned, who resides at who resides at 4945 Conley PI, Ft Pierce 34951 has viewed and approve the location of the open carport (pole barn) on Joe Branca's homestead property located at 4960 Conley Pl, Ft Pierce Fl 34951. 1 have no objection to the granting of a variance so that the pole barn can remain as constructed. Victoria Curran J WAIJ Q*V 4 MAP Date Page 50 of 112 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.._9.192(13). 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 51 of 112 w Id A31NOD 096b SNOISIn3U NOliVV4UOAN1103POHd �A�� k,ry,.W.�•• o � 0 N LO m c� a_ w 6564E ld `3�2131d 12lOd J N 6 Id A31NOD 0964 �YONtR19 30f ;' .",. . 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(ID # 2020-50511) S54fo L U C AGENDA REQUEST TO: Board of Adjustment PRESENTED BY: Tahir Curry, Associate Planner SUBMITTED BY: Planning & Development Services SUBJECT: Richard James Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion 5. Public Comment 6. Board Discussion/Decision BACKGROUND: DATE: 10/28/2020 RES NO: BOA-20- The request of Richard James 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 approve 1) a pool screen enclosure, on an existing concrete slab/wall, to encroach 14.5 feet into the required minimum 15-foot rear yard setback, providing a 0.5 foot rear yard setback and 2) a 11.0' X 16.0' (176 sq. ft.) shed to encroach 10.8 feet into the required minimum 15-foot rear yard setback, providing a 4.2 foot rear yard setback within the RS-4 (Residential, Single -Family - 4) Zoning District. The 0.25 acre property is located at 4017 Greenwood Drive, Fort Pierce. PREVIOUS ACTION: N/A 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: Page 59 of 112 MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures 4M/X pjlr� Date: October 21 2020 Linda Pendarvis, Planning Manager Date: October 22, 2020 Benjamin Balcer, Planning & Development Services Assistant Director Date: October 22, 2020 Katherine Barbieri, Assistant County Attorney III Page 60 of 112 1J➢1�J�J�7���ri���s�Jl�kuvriu»�;�»rir�smmy��9�����.���� Illla iii iii iiirro ii� irir g I .��, iirn d �����w iir'Vtes III �u Ilk��� ^� � iii� III iii iii a m�� iii �i�°IIII�� a ii m iii iii lii ii )q III !� �i u s ui o in �/l ' I 0 U 'k1�l TO: Board of Adjustment THROUGH: Linda Pendarvis, Planning Manager Kori Benton, AICP, Assistant Planning Manager FROM: Tahir Curry, Associate Planner DATE: October 12, 2020 SUBJECT: The request of Richard James 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 a pool screen enclosure and shed to encroach into the rear setback. ITEM NO.: 2020-011 AGENDA 2020-50511 NO.: Agenda Item 7.13. GENERAL INFOMRTAION: PROPERTY OWNER: Richard James 4017 Greenwood Dr. Fort Pierce, FL 34982 AGENT: Gold Standard Construction Robert Sanders 5799 Ault Avenue Stuart, FL 34997 LOCATION: 4017 Greenwood Drive, Fort Pierce, FL. 34982 PARCEL: 2421-702-0041-000-3 PARCEL SIZE: 0.25-acres FUTURE LAND USE: RU (Residential Urban) ZONING DISTRICT: RS-4 (Residential, Single -Family - 4) PURPOSE: The purpose of this Variance is to allow 1) a pool screen enclosure to be constructed on an existing concrete slab/wall, to encroach into the required minimum 15-foot rear yard setback, providing a 0.5 foot rear yard setback and 2) an existing 11.0' X 16.0' (176 sq. ft.) shed to encroach 10.8 feet Page 61 of 112 Board of Adjustment Richard James Variance (BA-8202025830) into the required minimum 15-foot rear yard setback, providing a 4.2 foot rear yard setback. EXISTING USE: Single -Family Dwelling UTILITIES: Wastewater— Septic Water— Serviced by FPUA (Fort Pierce Utilities Authority) ROADWAY IMPROVEMENTS: None SURROUNDING ZONING: The RS-4 (Residential, Single -Family - 4) Zoning District surrounds the subject property to the north, south, east, and west. BACKGROUND: The subject property is located at 4017 Greenwood Drive, Fort Pierce, FL, in the Greenwood Community. The 0.25-acre property consists of a (+/-) 2,770 sq. ft. single-family residence with a pool and existing storage shed. The existing pool was built in 1979, and the storage shed was permitted in 1991 (BP # 9104950) but did not receive a variance approval to encroach into the rear yard setback. The petitioner, Richard James, is requesting a Variance to permit a pool screen enclosure to be constructed, on an existing concrete slab/wall, to encroach into the required minimum 15-foot rear yard setback, providing a 0.5 foot rear yard setback and 2) a 11.0' X 16.0' (176 sq. ft.) existing shed to encroach 10.8 feet into the required minimum 15-foot rear yard setback, providing a 4.2 foot rear yard setback. The parcel is in the RS-4 (Residential, Single -Family - 4) Zoning District, with a RU (Residential Urban) Future Use Designation. The site is located within the Urban Service Boundary (USB). Exhibit 1, below, presents the location of the screen enclosure and shed. Exhibit 1: Boundary Survey Page 2 Page 62 of 112 Board of Adjustment Richard James Variance (BA-8202025830) LU _ Proposed 0 Screen Enclosure iv cr Ai y Z z +r C? 4di G11 C"5 yp s f, r401001001w n0.Go, f _. __ G'GNftiEFF ------------------------- aY fi,�MbA1 [ 1 „.11> 1m A' y d ,m r lT7 M 1,AM ni G7 ,'" r•, h fh G.� 11' x 16' ° Existing Shed" n5 N', !"UNCM�tfFk WAu'4 -Z a ca tir SCl"YI[I"GU"� lifl. C}G" f � The subject property is within the Greenwood Subdivision, platted in 1959 (Plat Book 11, Page 41). The lot is approximately 100' X 110' in size and 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 10,000 square feet, as required in the RS-4 (Residential, Single -Family — 4 du/ac) Zoning District. The following table provides the minimum lot and dimensional requirements for structures within the RS-4 (Residential, Single -Family - 4) Zoning District. Minimum Lot Size and Dimensional Requirements RS-4 (Residential, Single -Family - 4) Table 7-10 Lot Size and Dimensional Requirements Min Min Minimum Yard Zoning District Min Lot Lot Road Max Max Lot Side Size (sf) Width Frontage Front Rear Side Height Coverage Corner Residential, RS-4 Single -Family - 4 10,000 75ft 30ft 25ft 15ft 7.5ft 20ft 35ft 30% Page 3 Page 63 of 112 Board of Adjustment Richard James Variance (BA-8202025830) 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. The Variance does not arise from conditions that are unique and peculiar to the land and physical surroundings that would result in unnecessary hardship for the owner. The survey and buildings plans propose a screen enclosure over the pool and seek to maintain the existing shed which encroaches in the rear yard of the property. The screen enclosure would be erected on the existing concrete wall, as depicted in Exhibit 2 below. The screen enclosure would provide a 0.5-foot rear yard setback from the property line. Furthermore, the existing 11.0' X 16.0' shed was built and permitted in 1991 (BP # 9104950) to encroach 10.8 feet into the required minimum 15-foot rear yard setback. The screen enclosure will be built over a portion of the existing shed as depicted in Exhibit 3 below. 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. Exhibit 2: Current Conditions — Existing Shed and Proposed Screen Enclosure Location Page 4 Page 64 of 112 Board of Adjustment Richard James Variance (BA-8202025830) Exhibit 3: Buiding Plans — Screen Enclosure Page 5 Page 65 of 112 Board of Adjustment Richard James Variance (BA-8202025830) 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 applicant indicates the Variance will be located in the backyard of the property and does not affect adjacent property owners or traffic. The applicant stated the Variance would add value and protection to the home. The applicant also indicated the shed was existing before the single-family home was purchased in 2017. Granting the requested variance is not 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, and therefore should have no negative impact on adjacent properties. 3. The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structures. The Variance requested is not the minimum variance that will make possible the reasonable use of land and structures. The pool existed without the need for the requested variance. No justification was presented to why the site could not continue to be enjoyed by the property owner without the need for the encroachment. 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 is in conflict with the general spirit and intent of the St. Lucie County Land Development Code. The proposed pool screen enclosure and shed encroachment into the rear yard setbacks is 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'. Page 6 Page 66 of 112 Board of Adjustment Richard James Variance (BA-8202025830) RECOMMENDATION: The variance sought arises from conditions that are not unique and do not qualify as a hardship as defined in the St. Lucie County Land Development Code. Staff has reviewed this petition and determined that it does not conform to a strict interpretation of the standards of review as set forth in Section 10.01.02, St. Lucie County Land Development Code. Staff is, therefore, recommending denial of the requested variance. Suggested motion to recommend approval/denial of this requested variance. MOTION TO APPROVE: Page 7 Page 67 of 112 Board of Adjustment Richard James Variance (BA-8202025830) 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 RICHARD JAMES, 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 APPROVE 1) A POOL SCREEN ENCLOSURE TO BE CONSTRUCTED, ON AN EXISTING CONCRETE SLAB/WALL, TO ENCROACH 14.5 FEET INTO THE REQUIRED MINIMUM 15-FOOT REAR YARD SETBACK, PROVIDING A 0.5 FOOT REAR YARD SETBACK AND 2) A 11.0' X 16.0' (176 SQ. FT.) EXISTING SHED TO ENCROACH 10.8 FEET INTO THE REQUIRED MINIMUM 15-FOOT REAR YARD SETBACK, PROVIDING A 4.2 FOOT REAR YARD SETBACK WITHIN THE RS-4 (RESIDENTIAL, SINGLE-FAMILY - 4) 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 RICHARD JAMES, 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 APPROVE 1) A POOL SCREEN ENCLOSURE TO BE CONSTRUCTED, ON AN EXISTING CONCRETE SLAB/WALL, TO ENCROACH 14.5 FEET INTO THE REQUIRED MINIMUM 15- FOOT REAR YARD SETBACK, PROVIDING A 0.5 FOOT REAR YARD SETBACK AND 2) A 11.0' X 16.0' (176 SQ. FT.) EXISTING SHED TO ENCROACH 10.8 FEET INTO THE REQUIRED MINIMUM 15-FOOT REAR YARD SETBACK, PROVIDING A 4.2 FOOT REAR YARD SETBACK WITHIN THE RS-4 (RESIDENTIAL, SINGLE-FAMILY - 4) ZONING DISTRICT, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC). Page 8 Page 68 of 112 Phinnim 8, I)PN0100110rvt ST. LUCIE COUNTY services Planning & Development Services Department A ( J G2, 5 Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 B`w E I V E D Office: 772-462-2822 — Fax: 772-462-1581 btV*//www.stluc1eco.orq/ llaojflg� kqannin /p_ _ DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment, Submittal TvDe [check each that ai3DIies Site Plan Rezoning3 • Major Site Plan El Rezoning (straight rezoning) • Minor Site Plan D Rezoning (includes PUD/PNRD/PMUD) F1 Major Adjustment to Major Site Plan 11 Rezoning with Plan Amendment 0 Major Adjustment to Minor Site Plan Comprehensive Plan Amendment F-1 Major Adjustment to PUD/PNRD/PMUD El Future Land Use Map Change 11 Minor Adjustment to Major Site Plan P Comprehensive Plan Text Amendment n Minor Adjustment to Minor Site Plan El Minor Adjustment to PUD/PNRD/PMUD Planned Development 11 Planned Town or Village (PTV) F-1 Planned Country Subdivision (PCS) 11 Planned Retail Workplace (PRW) • Prelim. Planned Unit Develop. (PUD) • Prelim. Planned Mixed Use Develop. (PMUD) L-1 Prelim. Planned Non -Res. Develop. (PNRD) 0 Final Planned Unit Develop. (PUD) F.1 Final Planned Mixed Use Develop. (PMUD) Ll Final Planned Non -Res. Develop. (PNRD) Conditional Use' F] Conditional Use Ll Major Adjustment to a Conditional Use El Minor Adjustment to a Conditional Use Variance I F-i Administrative Variance [Variance 0 Variance to Coastal Setback Line 1. Conditional Use 2. Variance 3. Rezoning / Zoning Atlas Amend 4. Comp. Plan Amendments 5. Class A Mobile Home Other El Administrative Relief 11 Class A Mobile Home El Developer Agreement (Submit per LDC 11.08.03) F.] Power Generation Plants L1 Extension to Development Order • Historical Designation/Change I • Land Development Code Text Amendment 7 • plat El Post Development Order Change 1-1 Re -Submittal #. 8 Li Shoreline Variance Ei Stewardships — Sending/Receiving Ei Telecom Tower (Submit per LDC 7.10.23) Ll Transfer of Development Rights F1 Waiver to LDC/Comp. Plan Requirements 9 D Appeal of Decision by Administrative Official" El Eminent Domain Waiver" Application Supplement Packages 6. Historical Designation/Change 7. LDC Text Amendment 8. Re- 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 69 of 112 - -- ---- - --- --- FEE CALCULATION WORKSHEET --- --- SITE DEVELOPMENT PLANS — Planning Division Application Type: Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) ❑ BASE REVIEW FEE: $ 1 00 (A) • CONCURRENCY FEE: $ (B) • ERD REVIEW FEE: $ (C) • UTILITIES $ El PER ACREAGE CHARGE: $ (D) I--] RESUBMITTAL FEE: (if applicable) $ (E) El OTHER $ SUBTOTAL OF BASIC FEES: $ Fi 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 0 $950.00 —Methodology Meeting (H)(If Applicable) • 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. • 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 tproject approval. Pre -Application Meeting Request Applicant Name (Printed) Signature of applicant (For office use only) INTAKE REVIEWER - SIGNATURE DATE VERIFIED BY - SIGNATURE DATE File #: Receipt Targeted Industry: Page 2 of 6 Revised March 15, 2016 Page 70 of 112 Submittal Requirements The following checklist is provided as a reminder. 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: ❑ Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) ❑ Aerial Photograph --- property outlined (available from Property Appraiser's office ❑ Property Deed ❑ Legal description, in MS Word format, of subject property ❑ Property Tax Map — property outlined (electronic copy not required) ❑ Survey (2436) ❑ 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or ❑ 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 or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ❑ Site Plan 24"x36" at a scale of 1"=50' (12 copies- folded, not rolled) ❑ Boundary Survey (24x36) —Signed and Sealed (12 originals) ❑ Topographic Survey (24x36) — Signed and Sealed (12 originals) ❑ Landscape Plan — Signed and Sealed (12 originals) ❑ Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. 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 if applicable (4 copies) ❑ Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 copies of the following: ❑ Main Application and back up material ❑ Approved Site Plan and copy of approved Development Order ❑ Plat - Include extra copies of Plat for applicable conditions of approval (3 Original Mylars Needed for Recording) 'Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s). Page 3 of 6 Revised March 15, 2016 Page 71 of 112 Project Information Project Name Site address: Parcel ID Number(s): C) C)(---J Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) o ww(A '�,F�. L-c&i� C, -�-A-) Property location — Section/Township/Range: Property size — acres: Square footage: Future Land Use Designation: Zoning District:- R5 --V Description of project: (Attach additional sheets if necessary) Type of construction (check all applicable boxes): n Commercial Total Square Footage: Existing El Industrial Total Square Footage: Existing Residential No. of residential units: Existing No. of subdivided lots: Existing 0 Other Please specify: Number and size of out parcels (if applicable): DV) S-h 0 5 S�et Proposed: Proposed: Proposed: Proposed: Page 4 of 6 Revised March 15, 2016 Page 72 of 112 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. ACKNOWLEDGMENTS Applicant Information (Property Developer): Agent Information: Business Name: Business Name: Name: ?O�c_ Address: H01­2 4 9Y-ern1. o�� M. Address: tD�Je�) Pyai (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: ':2,-) -1 b'-) Phone: Fax: Fax: Email: Email: 0 /)Vii - ------ 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 property 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 or agent to act on behalf of said property owner. Property Owner SignaturA i i fA Mailing Address: (4 J 4,10 G Property Owner Name (Printed) Phone: If more than one owner, please submit additional pages STATE OF ,COUNTY OF LUC Lf The foregoing instrument was acknowledged before me this day of 20_- by We who is personally known to me or who has produced as identification. Pnature ok Notary Type or Print Name of Notary Commission Number (Seal) Page 5 of 6 Revised March 15, 2016 CATHERINE JIMENEZ j�o��Gry Notary Public, State of Florida Cornrnission# GG 921213 fdYcOmn' expires October , 8, 2023] Page 73 of 112 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. ACKNOWLEDGMENTS Applicant Information (Property Developer): Business Name: Name: kcko 0- �.V-rl e s Address: LJ 01 L-)0ef,0",)0C-)d oitttr e CL 2 Lie) (Please use an address that can accept overnight packages) en Phone: < Fax: Email: Agent Information: Business Name: LAAd- 1*�ftl. (6n'S76 N -&�& 44- ame: Address: ftutA- Aver)A,"k IS-KA 14A (71 31.) e3lf,) (Please use an address that can accept overnight packages) Phone: Fax: Email: 0 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 Property 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 or agent to act on behalf of said property owner. Property 0 nor signature Mailing Address: L 0 1 0 f I ch'a Property Owner Name (Printed) Phone: If more than one owner, please submit additional pages STATE OF COUNTY OF ZS 4— L-L-Jer(--f The foregoing instrument was acknowledged before me this day of 4tJ0- 20;30 I - U by I. C V)Q rd, o w-)e-.S who is personally known to me or who has produced as identification. dwrwnei s gnature of Ndtary Type or Print Name of Notary �a1.8 6C*0d-' -') I J_� I Commission Number (Seal) Page 5 of 6 Revised March 15, 2016 0,ATHFH1NEJ1MeNaZ Notary Public, $Wo of N604 ) �, 1— Nl,,,, oypm*, Qdoar 13, 2Q23 Page 74 of 112 Required Document Naming 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 CD Aerial Photograph PDF Aerial df Application PDF Application.pdf Approval Order PDF ApprovalOrder,pdf Architectural Elevations PDF ArchElev. df Boundary 1 Topographic Survey PDF Bounds To o. df Drainage 1 Stormwater Plan PDF Drains ePln. df Easements PDF Easements. df Environmental Impact Report PDF or Word EIR. df or EIR.doc Existing Condition Plan PDF Existing Cond. df Flood Plain PDF or Word Flood. df or Flood. Doc Landscape Plan PDF Landsca e. df Legal Description Word Le al.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doe Paving Plan PDF Paving.pdf Permit External PDF Permit. df Plat PDF Plat. df or Plat.doc Property Deed PDF Deed. df Site Plan PDF SitePlan. df Traffic Impact Report PDF or Word TIR.pdf or TIR.doc Tree Survey PDF Tree. df Turtle Protection PDF or Word Turtle. df or Turtle.doc Utility Plan PDF Utiliit . df Vegetation Removal Application PDF Ve etation. df Page 6 of 6 Revised March 15, 2016 Page 75 of 112 Legal Description: Greenwood block 2 Lot 8 (D. 25AC) (Or 3977-1729) Page 76 of 112 Supplement 2 Variance Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 10.0 1.00 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.) 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: 3. State the specific hardship imposed on the owner by the LDC? PULA U�v 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. ,-' k ( ST) 0 (.-,) SC 4L 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. o or r) u 6 State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. 't c)-r J r o',_..r 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. Page 1 of 3 Revised: February 5, 2013 Page 77 of 112 Supplement 2 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. (_V)o HAS 9. Is this variance request lac within a Homeowners or Property Owners Association? YES 7�?N'10) 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 answered by the applicant for a variance and will be prepared to answer these questions at the public hearing. Applicant or Agent Name (printed) Page 2 of 3 Revised: February 5, 2013 Page 78 of 112 Michelle Franklin, CFA-- Saint Lucie County Property Appraiser --All rights reserved. Property Identification Site Address: Parcel 1 D: Account #: Map 1D: Use Type: Z oning: City/County : Ownership RichardA James Stephanie A James 4017 Greenwood DR Fort Pierce, FL 34982-6150 Legal Description GREENWOOD BLK 2 LOT 8 (0.25 AC) (OR 3977-1729) Current Values Just/Market Value: $189,000 Assessed Value: $189,000 Exemptions: $50,000 Taxable Value: $139,000 Propertytaxes are subject to change upon change of ownership. • Past taxes are not a reliable projection of future taxes. • The sale of a property will prompt the removal of all exemptions, assessment caps, and special classifications. Taxes for this parcel: SLC Tax Collector's Office I Download TRIM for this parcel: Download PDF I Date: Book/Page: Sale Code: Deed: Grantor: Price: Date: Book/Page: Sale Code: Deed: Grantor: Price: 4017 GREENWOOD DR 2421-702-0041-000-3 29414 24/21 S 0100 RS-4 Count Saint Lucie County Total Areas Finished/UnderAir (SF): 2,770 Gross Sketched Area (SF): 4,940 Land Size (acres): 0.25 Land Size (SF): 10,890 Sale History Mar 23, 2017 3977/1729 0001 WD George Joseph W $215,000 Dec 23, 2010 3257/1669 0112 SP US Bank NA Assoc JR) $67,500 Date: Book/Page: Aug 5, 2008 3020/1074 Page 79 of 112 Sale Code: XX01 Deed: CT Grantor: Cabriales Jose Price: $ l 00 Date: Feb 8, 2006 Book/Page: 2485 10035 Sale Code: XX00 Deed: W D Grantor: Lane Lucinda Price: $255,000 Date: Mar 26, 2004 Book/Page: 1933 / 1388 Sale Code: XX01 Deed: QC Grantor: Lane Lucinda Price: $100 Date: Oct 24, 2001 Book/Page: 1448 / 2233 Sale Code: XX00 Deed: W D Grantor: Hargrave Maxine Price: $ l 15,000 Date: Oct 22, 2001 Book/Page: 1448 / 2231 Sale Code: XX01 Deed: QC Grantor: Hargrave Lester B Price: $14,800 Date: Aug 11, 1995 Book/Page: 0969 / 2043 Sale Code: XX01 Deed: W D Grantor: Doris M Radke Price: $130,000 Date: Aug 11, 1995 Book/Page: 0969 / 2041 Sale Code: XX00 Deed: W D Grantor: EOMAR INC Price: $ l 30,000 Date: Apr 15, 1991 Book/Page: 0734 / 0870 Sale Code: XX00 Deed: W D Grantor: Floyd Darr Price: $100,000 Date: Oct 1, 1986 Book/Page: 0518 / 1972 Sale Code: XX00 Deed: Cv Grantor: Price: $72,500 Date: Aug 1, 1986 Book/Page: 0512 / 2739 Page 80 of 112 Sale Code: XX01 Deed: CV Grantor: Price: $10,000 Building Information (1 of 1) Finished Area: 2,770 SF Gross SketchedArea: 4,940 SF Exterior Data View: Roof Cover: Metal Building Type: HC Year Built: 1968 Grade: C Effective Year: 1978 Story Height: 1 Story No. Units: 1 Interior Data Bedrooms: 4 Electric: MAXIMUM Full Baths: 3 Heat Type: FredHotAir Half Baths: 0 Heat Fuel: ELEC A/C %: 100% Heated %: 100% Special Features and Yard Items Type: Driv-Concret Quantity: 1 Units: 720 Year Built: 1968 Type: RES POOL AVG Quantity: 1 Units: 450 Year Built: 1979 Roof Structure: Hip Frame: Primary Wall: C13 Stucco Secondary Wall: Primary Int Wall: Avg Hgt/Floor: 0 Primary Floors: Tile -Ceramic Sprinkled %: N/A% Type: POOL DK-GOOD Quantity : 1 Page 81 of 112 Units: Year Built: 928 1979 Type: Quantity: Units: Year Built: Type: Quantity: Units: Year Built: Current Values Breakdown Building: $160,500 Land: $28,500 Just/Market: $18 9,000 A Credit: $0 Save Our Homes or $0 10% Cap: Assessed: Exemp tion(s): Taxable: Start Year 2009 Start Year 2013 Historical Values Number: Issue Date: Description Amount: Fee: Number: Issue Date: Description Amount: Fee: Number: Issue Date: Description: $189,000 $50,000 $139,000 UTILITY GOOD 1 176 1991 WOOD FEN 6' 1 280 1999 Current Year Values Current Year Exemption Value Breakdown Tax Grant Code Description Amount Year Year 0500 Homestead $25,000 2020 2019 Exemption Tax Grant Code Description Amount Year Year 0550 Homestead $25,000 2020 2019 Exemption over $ 50,000 Current Year Special Assessment Breakdown AssessCode Units Description Amount 2009 12 County Solid Waste $276.14 AssessCode Units Description Amount 0054 0.25 North St. Lucie Water Management $25.00 District This does not necessarily represent the total Special Assessements that could be charged against this property. The total amount charged for special assessments is reflected on the most current tax statement and information is available with the SLC Tax Collector's Office ❑. Permits C91-04950 Sep 6, 1991 Shed $3,040 $3,040 C96-090012 Sep 3, 1996 Roof $4,300 $4,300 C1603-0361 Jun 15, 2016 Roof Page 82 of 112 Amount: $0 Fee: $0 Notice: This does not necessarily represent all the permits for this property. Click the following link to check for additional permit data in Saint Lucie County All information is believed to be correct at this time, but is subject to change and is provided without any warranty. O Copyright 2020 Saint Lucie County Property Appraiser. All rights reserved. Page 83 of 112 JOSEPH E. SMITH, FILE # 4291096 Tax: $1505.00 CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY OR BOOK 3977 PAGE 1729, Recorded 03/28/2017 09:15:51 AM Doc This Document Prepared By and Return to: Melissa Harnage St. Lucie Title Services, Inc. 800 Virginia Avenue, Suite 47 Fort Pierce, FL 34982 Parcel ID Number: 2421-702-0041-000-3 Warranty Deed This Indenture, Made this 27th day of March , 2017 A.D. , Joseph W. George and Linda George, husband and wife of the County of St. Lucie , State of Florida Richard A. James and Stephanie A. James, husband and wife whose address is: 4017 Greenwood Drive, Fort Pierce, FL 34982 Between ,grantors, and of the County of St. Lucie , State of Florida , grantees. WitneSseth that the GRANTORS, for and inconsideration of the sum of ------------------------TEN DOLLARS ($10)----------------------- DOLLARS, and other good and valuable consideration to GRANTORS in hand paid by GRANTEES, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said GRANTEES and GRANTEES' heirs, successors and assigns forever, the following described land, situate, lying and being in the County of St. Lucie State of Florida to wit: Lot 8, Block 2, Greenwood, according to the Plat thereof as recorded in Plat Book 11, page(s) 41, of the Public Records of St. Lucie County, Florida. and the grantors do hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever In Witness Whereof, the grantors have hereunto set their hands and seals the day and year first above written. Signed, sealed a livered in our presence: 1 / J. RS-4 RESIDENTIAL, SINGLE-FAMILY- 4. 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 Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 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 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off -Street Parking Requirements. Off-street parking requirements shall be in accordance with Section 7.06.00. 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 of Section 7.10.23. (999) 7. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00. a. Solar energy systems, subject to the requirements of Section 7.10.28. Page 85 of 112 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. 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 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. Habitable/non-residential buildings shall comply with the following standards: 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 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 86 of 112 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. 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N a a� O 's ., "y .T. >3 �� aAG �a C � • Y %-I � a' •; C � • � � � � � Q � U ice-+ A ri� vs O C -p Q? k y G r: y .00. 0 C O py O x; C cG p V O z U R N � O d YN3 �j O 0 c° {i°., Page 92 of 112 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: 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 In the AGA 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. 2. Permit the use of land or a structure contrary to the use provisions of Section 3.01.00; 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. Page 93 of 112 B. A variance to construct an accessary 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. 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: 1. Name and address of applicant; 2. Legal description, street address, and lot number and subdivision name, if any, of the property which is the subject of the application; 3. The size of the subject property; 4. 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; 5. The purpose for the requested variance and a statement of the intended development of property if the variance is granted; 6. 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 consistent with the general spirit and intent of this Code and the St. Lucie County Comprehensive Plan; 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. 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 Page 94 of 112 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. 1. 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. 2. 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; 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. Page 95 of 112 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. Page 96 of 112 L f SHEET 1 OF 2 (SURVEY SKETCH) SURVEY NOT COMPLETE WITHOUT ALL SHEETS MAP OF BOUNDARY SURVEY PREPARED FOR RICHARD A. JAMES AND STEPHANIE A. JAMES —NW CORNER OF BLOCK 2 N90°00'00"E 210.00' wPp FIR 5/8" FIR 5/8' (NO ID) (NO ID) BEARING BASIS LOT 9 BLOCK 2 0,5'— 0 0 0 t 0 0 0 0 0 O Z GREENWOOD DRIVE (60' R/W) 24' ASPHALT ROADWAY . d . .Q A d 4 aN9 °00'00"E 100.00, 4 d' . .a. .. a .. dA Al d.. d 'd d a 4 O a 4 .. d ° ' e. < da .C.d: .,.4 -4 d d' d .. a. 15,0' A 21,0' #4017 ONE STORY CB OT FIR 5/8" (NO ID) —0,5' 0 0 0 w 0 0 0 0 0 O V) LOT 7 BLOCK 2 POOL 8,2' SHED i6 0 8,2' 0,50,5' FIR 5/8' in S90°00'00"W 100.00, ij iu� FIR 5/8" (NO ID) o (NO ID) LOT 12 LOT 13 LOT 14 BLOCK 2 BLOCK 2 BLOCK 2 I SHEET 2 OF 2 /SURVEY DETAILS) SURVEY NOT COMPLETE WITHOUT ALL SHEETS LEGAL DESCRIPTION. - LOT 8, BLOCK 2, GREENWOOD, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 11, PAGES) 41, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. PROPERTY FRONT VIEW JOB NUMBER: 1703-062 FIELD WORK DATE: 0311812017 PROPERTY ADDRESS: 4017 GREENWOOD DRIVE, FORT PIERCE, FL 34982 FLOOD INFORMATION: PANEL NUMBER: 12111 CO186J FIRM DATE: FEBRUARY 16, 2012 FLOOD ZONE: X BASE FLOOD ELEVATION: NA AERIAL PHOTOGRAPH SURVEYOR'S LEGEND FFE = FINSHED FLOOR ELEVATION PCC = POINT OF COMPOUND CURVATURE FIP = FOUND IRON PIPE PCP = PERMANENT CONTOL POINT A/C = AIR CONDITIONING FIPC = FOUND IRON PIPE AND CAP POB = POINT OF BEGINNING BB = BEARING BASIS FIR = FOUND IRON ROD POC = POINT OF COMMENCEMENT BFP = BACKFLOW PREVENTER FIR = FOUND IRON ROD AND CAP PP = POOL PUMP BLDG = BUILDING FN = FOUND NAIL PRC = POINT OF REVERSE CURVATURE BLK = BLOCK FN&D = FOUND NAIL AND DISC PRM = PERMANENT REFERENCE MONUMENT BM = BENCHMARK FND = FOUND PT = POINT OF TANGENCY C = CURVE FPK = FOUND PK NAIL R = RADIUS LINETYPES & SYMBOLS CATV = CABLE T. V. RISER FPKD = FOUND PK NAIL AND DISC RNG = RANGE CB = CATCH BASIN FRRSPK = FOUND RAILROAD SPIKE RI W = RIGHT OF WAY = BOUNDARY LINE CL = CENTERLINE GAR = GARAGE S = SEPTIC - STRUCTURE LINE CLF = CHAIN LINK FENCE HYD = FIRE HYDRANT SEC = SECTION CLP = CONCRETE LIGHT POLE ID = IDENTIFICATION SIR = SET IRON ROD AND CAP — — — = CENTERLINE CONC = CONCRETE L = LENGTH SPKD = SET PK NAIL AND DISC v — = EASEMENT LINE CP = CONTROL POINT LB # = LICENSED BUSINESS SV = SEWER VALVE CPP = CONCRETE POWER POLE LS # = LICENSED SURVEYOR IBM = TEMPORARY BENCHMARK - a n a FENCE LINE D = DEED M = MEARSURED TOB = TOP OF BANK DF = DRAINFIELD MR = MAP BOOK TWP = TOWNSHIP 6,= FIRE HYDRANT ELEV = ELEVATION MES = MITERED END SECTION TR = TELEPHONE RISER =WATER METER EAT= ELECTRIC METER MH = MANHOLE TYP = TYPICAL EOW = EDGE OF WATER MLP = METAL LIGHT POLE WIT = WITNESS = POWER POLE EP = EDGE OF PAVEMENT OHW = OVERHEAD WIRES WLP = WOOD LIGHT POLE F = FIELD P = PLAT WM = WATER METER ® = WELL FCM = FOUND CONCRETE MONUMENT PB = PLAT BOOK WPP = WOOD POWER POLE FDH = FOUND DRILL HOLE PC = POINT OF CURVATURE WV = WATER VALVE = BENCHMARK SURVEYOR'S NOTES 1. THIS SURVEY DOES NOT DETERMINE OR INDICATE LAND OWNERSHIP, 2. THE SURVEYOR DID NOT RESEARCH OR ABSTRACT THE LAND RECORDS FOR RIGHTS -OF -WAY, EASEMENTS, RESERVATIONS, DEED RESTRICTIONS, ZONING REGULATIONS, SETBACKS, LAND USE PLAN DESIGNATIONS, ADJOINING DEEDS, LIENS, MURPHYACT RIGHTS -OF -WAY, AREAS OF LOCAL CONCERN, OR OTHER SIMILAR JURISDICTIONAL DETERMINATIONS. TO THE EXTENT THAT THIS TYPE OF INFORMATION IS SHOWN, IT IS SHOWN SOLELY ON THE BASIS OF INFORMATION PROVIDED BY THE CLIENT OR INFORMATION OTHERWISE KNOWN TO THE SURVEYOR AND MAY NOT BE COMPLETE. 3. UNDERGROUND UTILITIES, BUILDING FOUNDATIONS, AND OTHER UNDERGROUND FIXED IMPROVEMENTS WERE NOT LOCATED, UNLESS OTHERWISE INDICATED. TO THE EXTENT THAT THIS TYPE OF INFORMATION IS SHOWN, IT IS SHOWN SOLELY ON THE BASIS OF SURFACE INDICATIONS OBSERVED BY THE SURVEYOR AND MAYNOT BE COMPLETE. 4. JURISDICTIONAL WETLANDS AND ENDANGERED OR THREATENED SPECIES HABITAT, IF ANY, THAT MAY EXIST ON OR AROUND THE SURVEY SITE WERE NOT DETERMINED OR LOCATED. 5. THE SURVEY DATE IS THE FIELD DATE SHOWN IN THE TITLE BLOCK, NOT THE SIGNATURE DATE. 6. THIS SURVEY MAP OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ELECTRONIC OR ORIGINAL RAISED SEAL OF FLORIDA LICENSED SURVEYOR AND MAPPER. 7. FENCES SHOWN ON SURVEY ARE FOR ILLUSTRATIVE PURPOSES ONLY. FENCE TIES SHOWN ARE RELATIVE TO THE CENTER OF SAID FENCE. THE SURVEYOR WILL NOT BE RESPONSIBLE FOR DAMAGES RESULTING FROM THE REMOVAL ANDIOR CHANGES TO ANY FENCES UNLESS THE SURVEY WAS PROVIDED SPECIFICALLY FOR FENCE LOCATION PURPOSES. 8. PROPERTY LINES AND OR IMPROVEMENTS SHOWN WERE PHYSICALLY LOCATED BY FIELD SURVEY. 9. MONUMENTS FOUND OR SET ARE SHOWN, CALCULATED LINES AND INFORMATIONIS NOTED BY (C). 10. COMPUTATIONS OF LINES AND OR DATA NOT FOUND ARE SHOWN AS (C). 11. ACCURACIES OBTAINED IN THIS SURVEYIS GREATER THAN (RURAL) 1' IN 5000, (SUBURBAN) FIN 7500', (COMMERCIAL) 1' IN 10,000'. 12. PRIOR TO SURVEY INFORbIATION OBTAINED WAS LEGAL DESCRIPTION FROM CLIENT OR FROM PUBLICLY PUBLISHED COUNTY TAX COLLECTOR SITE, RECORDED PLATS AND OR SECTION CORNER RECORDS IF APPLICABLE. 13. IF ONLY A DIGITAL SURVEY COPY IS REQUIRED A SURVEY REPORT WILL BE PLACED IN FILE. THE DIGITAL SURVEYIS NOT FULL AND COMPLETE WITHOUT THE SURVEY REPORT FILE. 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N o'vw�< �ozQm y7 W N 0 0 w O O o LL ry J a ol ¢ o LE d uj Z 0 0 h O W 0 0 0 0 ' U 0 o w�U o 0 J Z LL o z�Nw� ..� C'1 0 \J 0 ! 0 J �Z LU O 0 Ui'FC�� z Q"'mow w ao�j;mow m O ZmNS Q��a Oozv�ia Z<�Nw K C7_iJ� ZNm �==o S mezzo z= ft°- Z r wy o Q3� w I OwN��V Z�.wi muZay\� yN Q Q U �owm�a `Oc.^,w OaU�4 y6oa =OO�Z3 w�ww j 3�zl'Q o Environmental resources Final report TO: Tahir Curry, Planning & Development Services THROUGH: Jennifer McGee, Environmental Regulations Manager Amy E. Griffin, Environmental Resources Director FROM: Brian Arbeiter, Environmental Planner DATE: August 28, 2020 SUBJECT: Richard James Variance BA-8202025830 Background The Environmental Resources Department (ERD) is in receipt of Planning and Development Services August 25, 2020 date -stamped submittal. The applicant is seeking approval of a variance to decrease the minimum required construction setback of 15-ft to the rear property line to allow for a proposed pool enclosure and an existing shed. The proposed pool enclosure is to be built on the existing pool slab. The existing pool slab to property line setback measures 0.5-ft and the shed to property line setback measures 4.2-ft. The subject site consists of one (1) single family residence and is located at 4017 Greenwood Drive in Fort Pierce and is zoned RS-4. Findings The proposed variance is not anticipated to result in any adverse environmental impacts as the lot is already developed and no increase to the existing construction footprint is proposed. Recommendation ERD has no objection to the proposed variance. Please contact Brian Arbeiter at 772-462-2866 if you have any questions. 1111111111 �������lllllllllllllllltllllllic E Page 106 of 112 John Doe 123 Anywhere St. Anywhere, USA 12345 Public Hearing Date: Wednesday, October 28, 2020 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL. 34982 Meeting Time: 9:30 AM (or soon thereafter) ApplicantlProperty Owner Richard James 4017 Greenwood Dr. Fort Pierce, FL 34982 Anent Gold Standard Construction Robert Sanders 5799 Ault Avenue Stuart, FL 34997 Proiect Location 4017 Greenwood Dr. Fort Pierce, FL 34982 Future Land Use RU (Residential Urban) Existina Zonina RS-4 (Residential, Single -Family - 4) Location Richard J.— BA - 8282828838 Public Hearing Notice Notice of Proposed Variance Request Proiect Description The request of Richard James, for a Vari- ance from the provisions of Section 7.04.01 (Table 7-10) - Lot Size and Dimen- sional Requirements of the St. Lucie Coun- ty Land Development Code to approve 1) a pool screen enclosure, on an existing con- crete slab/wall, to encroach 14.5 feet into the required minimum 15-foot rear yard setback, providing a 0.5 foot rear yard set- back and 2) a 11.0' X 16.0' (176 sq. ft.) shed to encroach 10.8 feet into the re- quired minimum 15-foot rear yard setback, providing a 4.2 foot rear yard setback with- in the RS-4 (Residential, Single -Family - 4) Zoning District. The subject property con- sists of .25 acre and is located at 4017 Greenwood Drive, Fort Pierce. The St. Lucie County Board of Adjustment (BOA) has the power to authorize vari- ances from the dimensional requirements in accordance with the provisions of Sec- tion 10.01.00, of the St. Lucie County Land Development Code. All interested persons will be given an op- portunity to be heard. 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 in person are encouraged to wear masks or similar devices, which cover the nose and mouth. You can contact Tahir Curry, Project Manager, via phone or email as an alter- native to making public comments in person. Public comment for upcoming meetings can be submitted several ways: Email- uuufr pp a ;uaiiW,q or Email: p>gblluco inineiil�(�ifllg!JeC o oiirg 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 accom- modations to attend this meeting may contact the SLC Community Risk Man- ager 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 Tahir Curry Tel (772) 462-2515 Email CurryT@stlucieco.org Date Mailed 10/16/2020 Page 107 of 112 PLANNING AND DEVELOPMENT SERVICES DEPARTMENT Planning Division VARIANCE RESPONSE FORM Please Return This Form To: St. Lucie County Planning & Dev. Serv. Dept. -Planning Div. ATTN: Tahir Curry, Project Manager 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email: CurryT(a)stlucieco.org or Fax (772) 462-1581 PROPOSED VARIANCE: The request of Richard James, 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 Project Code to approve 1) a pool screen enclosure, on an existing concrete Description: slab/wall, to encroach 14.5 feet into the required minimum 15-foot rear yard setback, providing a 0.5 foot rear yard setback and 2) a 11.0' X 16.0' (176 sq. ft.) shed to encroach 10.8 feet into the required minimum 15-foot rear yard setback, providing a 4.2 foot rear yard setback within the RS-4 (Residential. Sinale-Familv - 4) Zonina District. Project Location: Current Zoning 4017 Greenwood Drive, Fort Pierce, FL 34982 RS-4 (Residential, Single -Family - 4) 111 File No.: IIII BA - 8202025830 If you wish to comment, please check only one of the three following statements and return no later than Monday, October 26, 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, Tahir Curry, Project Manager at (772) 462-2515 if you have any questions. �'e nsa,ri I 1 ai'c h, 18, 20"12 Page 108 of 112 2421-342-0004-000-8 Anez Ruben A Anez Gloria C 1814 W Boothe DR Fort Pierce FL 34982 2421-704-0001-000-7 Bethune Sandra K Bethune Marvin E 1806 W Boothe Dr Fort Pierce FL 34982 2421-702-0042-000-0 Blackwelder (EST) Janet C 4019 Greenwood Dr Fort Pierce FL 34982 2421-702-0017-000-6 Blackwood (LF EST) Gosmay G 4030 Greenwood Dr Fort Pierce FL 34982 2421-331-0005-000-1 Bolin Kim T 2110 W Boothe Dr Fort Pierce FL 34982 2421-702-0023-000-1 Brandlein Vincent B Brandlein Carol R 4042 Greenwood Dr Fort Pierce FL 34982 2421-702-0048-000-2 Britton William T Britton Teri L 4045 Greenwood Dr Fort Pierce FL 34982 2421-702-0018-000-3 Crooks Nicki Ann M Tulloch Ervin C 4032 Greenwood DR Fort Pierce FL 34982 2421-702-0051-000-6 Dennis Bonnie L Dennis Norman R 4051 Greenwood Dr Fort Pierce FL 34982 2421-702-0007-000-3 Fangman Susan 1922 Hunters Ridge DR Grapevine TX 76051 2421-702-0009-000-7 Ferraro Mary A 4014 Greenwood DR Fort Pierce FL 34982 2421-704-0007-000-9 Freeman Troy Freeman Rebecca 2891 Crist DR Fort Pierce FL 34982 2421-702-0019-000-0 Ft Pierce City Of PO Box1480 Fort Pierce FL 34954 2421-702-0036-000-5 Gates Larry Gates Diane S 4007 Greenwood Dr Fort Pierce FL 34982 2421-702-0049-000-9 Grant JR) Verna M 4047 Greenwood Dr Fort Pierce FL 34982 2421-702-0022-000-4 Green Jr Robert L Green Elizabeth H 4040 Greenwood Dr Fort Pierce FL 34982 2421-704-0005-000-5 Guzman Marciela 2887 Crist Dr Fort Pierce FL 34982 2421-702-0021-000-7 Henson (LF EST) Rose L 4036 Greenwood DR Fort Pierce FL 34982-6151 2421-702-0040-000-6 Hilburn Patrick 4015 Greenwood DR Fort Pierce FL 34982 2421-331-0004-000-4 Hill D Jeannette 2050 W Boothe DR Fort Pierce FL 34982 2421-702-0041-000-3 James Richard A James Stephanie A 4017 Greenwood DR Fort Pierce FL 34982-6150 2421-704-0006-000-2 Joe and Gina Noelke LLC 480 River Prado Fort Pierce FL 34946 2428-601-0133-000-6 Juarez Bonifacio 2009 Edwards RD Fort Pierce FL 34982 2421-702-0045-000-1 Kaplan David A 4035 Greenwood Dr Fort Pierce FL 34982 2421-702-0011-000-4 Kepfer Percy D Kepfer Lilyana 4018 Greenwood Dr Fort Pierce FL 34982 2421-334-0000-010-8 Klevers Fred Klevers Diane 2920 Nicholas Rd Fort Pierce FL 34982 2421-702-0038-000-9 Lewis Andrew J Lewis June 4011 Greenwood Dr Fort Pierce FL 34982 2421-702-0008-000-0 Loveday (TR) Lawrence John 4012 Greenwood DR Fort Pierce FL 34982 2428-602-0030-000-7 Macias David J Ramirez Edilma 3001 S 21st St Fort Pierce FL 34982 2421-702-0020-000-0 McKillips Sean 4034 Greenwood DR Fort Pierce FL 34982-6151 2421-702-0027-000-9 McLoughlin Kevin J McLoughlin Mary G 4050 Greenwood Dr Fort Pierce FL 34982 2421-702-0010-000-7 Meadows Michael B 4016 Greenwood DR Fort Pierce FL 34982 2421-702-0006-000-6 Miller Jason L Caporoso JR) Whitney Miller 4008 Greenwood DR Fort Pierce FL 34982 2421-702-0012-000-1 Montejo Marcy M 4020 Greenwood DR Fort Pierce FL 34982 2428-601-0001-000-2 Moore James E 3010 Linda Vista AVE Fort Pierce FL 34982 2428-601-0126-000-4 Moore (LF EST) Dannie 2007 Edwards RD Fort Pierce FL 34982 2421-702-0046-000-8 Moreno Gustavo L 4039 Greenwood DR Fort Pierce FL 34982-6150 2421-331-0003-000-7 Moro JR) Marvin J 2088 W Boothe DR Fort Pierce FL 34982 2421-702-0014-000-5 Mosher Sharon K 4026 Greenwood Dr Fort Pierce FL 34982 2421-702-0013-000-8 Musselman Amanda Jean Musselman Cory L 4024 Greenwood DR Fort Pierce FL 34982-6151 2421-702-0050-000-9 Noach Jr Joseph R Noach Theresa A 4049 Greenwood DR Fort Pierce FL 34982-6150 2421-702-0054-000-7 NSLRWCD 14666 Orange AVE Fort Pierce FL 34945 2421-702-0026-000-2 Owens Charles R 4046 Greenwood Dr Fort Pierce FL 34982 2421-702-0037-000-2 Price Shauna 4009 Greenwood Dr Fort Pierce FL 34982 2421-702-0047-000-5 Samuel Matthew D Samuel Crystal A 4041 Greenwood Dr Port St Lucie FL 34982 2421-334-0000-020-1 Schelin Kim T 2110 W Boothe Dr Fort Pierce FL 34982 2421-702-0043-000-7 Schellenberg Fredrick 4021 Greenwood DR Fort Pierce FL 34982 2421-702-0025-000-5 Smith Claudia M 4044 Greenwood Dr Fort Pierce FL 34982 2421-702-0044-000-4 Stoll Patricia L 4033 Greenwood Dr Fort Pierce FL 34982 2421-702-0015-000-2 Underwood Galen D 4028 Greenwood DR Fort Pierce FL 34982 2421-331-0001-000-3 Venegos Juan 3023 Dame RD Fort Pierce FL 34981 2421-334-0001-000-2 Viamontes Jose A 1100 N Weatherbee Rd Fort Pierce FL 34982 Owners Mailout.As Page 109 of 112 ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA Wednesday, October 28, 2020 NOTICE OF PROPOSED VARIANCE REQUEST Notice is hereby given in ac- cordance with Section 11,00.03 of the St, Lucie Coun- ty land Development, Code an d provi' ions of the St. LUcIC County Comprehensive Plan that the St, Lucie County Board of Adjustment is to consider the following re- quest: PURPOSE: The petition of Ri- chard James, for a Variance from the provisions of St. Lu- cie County Land Development Code Section 7.04,01 (Table 7- 10) - Lot Size and Dimensional Requirements to approve 1) a pool screen enclosure, or) an existing concrete slab/wall, to encroach 14.5 feet into the re- quired minimum 15-foot rear yard setback, providing a 0.5 foot rear yard setback and 2) a 11.0' X 16.0' (176 sq. ft.) shed to encroach 10.8 feet in- to the required'minimum 15- foot rear yard setback, provid- 1 n ' a 4.2 foot rear yard set- back within the RS-4 (Residen- tial, Single -Family 4) Zoning District. LOCATION: 4017 Greenwood Drive, Fort Pierce, FL 34982 PARCEL 'I.D,: 2421-702-0041- 000-3 FILE NUMBER: BA-8202025830 The Public Hearing on this item will be held in the Com- mission Chambers, Roger Pol- tras Annex, 3rd Floor, St. Lucie Count� Administration Build- ing, 300 Virginia Avenue, Fort Pierce, Florida on Octo- ber 28, 2020 beginning at 9:30 a.m. or as soon thereafter as possible. All interested persons will be iven an opportunity to be Bard: Written comments re- ceived in advance of the pub- lic hearing will also be consid- ered. The public will be able to physically attend this meet- bgn but seating in the Charn- ers will be regulated to com- ply with social distancing pro- tocols. Members of the public that do attend are encour- aged 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 Tahir Curry, 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: 0 Email at CurrytOstlu cieco.org; 0 Email at publiccorn ment@stiucieco.org; or 4 Residents without In- tern6t access can comment by phone at 772-462-1687 and D (telecommunications de- vice for" the deaf) number at 772-462-142$. Written comments to the Board of Adjustment should be received by the Planning and D,evelopment Services De- partment - Planning Division t b p noon rior to t e sched- uled Comments will be d , i st r, buted to the board in advance of the meeting and included in the record provid- ed the comments comply with the, county'§ rules. Comments received by` yphone will be ei- ther playedat the Board meeting or transcribed in written form provided that the comments comply with the county's rules. The peti- tion file is available for review at the Planning and Develop - merit Services Department — Planning Division offices lo- cated at 2300 Virginia Ave- nue, ' 2nd Floor, Fort Pierce Florida during regular busi- ness hours. Please call (772)462-2822 or TDD (772)462-1428 if you have any questions or require addition- al information about this peti- tion. The St. Lucie County Board of Adjustment has the power, to authorize variances from the dimensional requirements of the St. Lucie County Land De- velopment Code, in accord- ance with the Provisions of Section 10.01,00, of the St. Lu- cie County 'Land Development Code. The proceedings of the Board of Adjustment are electroni- cally recorded. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person,decides to appeal any decision made by Te Boar 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,, be or she may need to ensurethat a verba- tim 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 an , party to the proceeding, ln�jlviduals testifying during a hearing will be sworn in. An arty to the proceedinq M, be granted an opportunity to cross-examine any individual testifying Burin a hearing upon request. 17 it becomes s necessary, a public hearing may be continued from time to time to a date -certain. Anyone with a disability re- qUirm 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, (772)462-1428. BOARD OF ADJUSTMENT ST, LUCIE COUNTY, FLORIDA S/ ROBERT LOWE, CHAIRMAN Pub: _Oct _16, 2Q�LCN-02 4 __ 4? _942J.- V13;9'TWQ* J4V61OPMent Services OCT 1,6 2020 RECEIVED Page 110 of 112 '77 . . .. ... . ...... being first duly sworn deposes and statel the owner or the agent for the project known as Richard James Variance for the followinif" petition- File No. BA — 8202025830 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 Wlednesday, October 28, 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—ZLI &-hcR , 2- 6) -�' D . The following required documentation is attached: A. Dated Photo submitted electronically (Close up) BDated Photo submitted electronically (Distant) Further affiant sayeth not. STATE OF FLORIDA COUNTY OF 1�4 1 J,,C] -C The foregoing instrument was acknowledged before me this day of cma3w—, 2020, by 101yu,(i Said person _ is personally known to me, &produced a driver's license issued by a state of the United States within the last five (5) years as identification, or _ produced other N'Z Florida A cATHERINE JIMENEZ Pqorary public, State of Florida ((Ilmission# GG 921213 foe�] o . 0 �berB.2023 Typed or Printed Name of Notary Commission No.: Clel ID My Commission expires: L 11,J I E Page 111 of 112