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HomeMy WebLinkAboutBOA Agenda Packet 01.27.2021LuIl BOARD OF ADJUSTMENT AGENDA ST. LUCIE COUNTY Regular Meeting Wednesday, January 27, 2021 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 62 Regular Meeting Wednesday, January 27, 2021 9:30 AM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES A. Approval of Minutes for the November 18, 2020 Board of Adjustment Meeting S. SWEAR IN STAFF MEMBERS 6. PUBLIC COMMENTS 7. ELECTION OF OFFICIALS 2021 A. Board Chair -Person B. Board Vice -Chair Person 8. AGENDA ITEMS A. Wilson 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 9. OTHER BUSINESS 10. ANNOUNCEMENTS 2�14"': Page 2 of 62 Regular Meeting Wednesday, January 27, 2021 9:30 AM 11. 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 62 .µme 7�5 C r d ri y �. BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA Regular Meeting November 18, 2020 Convened: 9:36 AM Adjourned: 11:26 AM 1. CALL TO ORDER The meeting was called to order at 9:36 AM by Chairman Lowe 2. PLEDGE OF ALLEGIANCE Chairman Lowe directed the Pledge of Allegiance and Mr. Griffin led the invocation. 3. ROLL CALL Present Chair Bob Lowe, Stewart Mencer, Board of Adjustment Council Member Kevin Griffin, Board Member Alexander Tommie Excused Board Member Derek Foxx 4. APPROVAL OF MINUTES A. Approval of the October 28, 2020 BOA Regular Meeting Minutes RESULT: APPROVE MOVER: Board of Adjustment Council Member Kevin Griffin SECONDER: Board Member Alexander Tommie AYES: Bob Lowe, Alexander Tommie, Stewart Mencer, Kevin Griffin NAYS: None Page 4 of 62 Board of Adjustment Wednesday, November 18, 2020 9:30 AM EXCUSED: None 5. SWEAR IN STAFF MEMBERS Madame Secretary swore in the following SLC staff members present: 1. Kori Benton, Assistant Manager, Planning SLC 2. Melissa Brubaker, Supervisor, Zoning & Permitting SLC 3. Linda Pendarvis, Manager, Planning SLC 4. Bethany Grubbs, Planner, Planning SLC 6. PUBLIC COMMENTS None. 7. AGENDA ITEMS A. Lot 31 Watersong Variance STAFF PRESENTATION Bethany, Grubbs, Planner for Planning Department of Saint Lucie County. Applicant requests a variance 13 feet encroachment into the required 40 ft. setback. Public Notification, Aerial, Zoning District, Approved Site Plan, Building Footprint Snapshot, Mail Notice response (not in favor). Staff recommends denial as per strict interpretation of the LDC. BOARD DISCUSSION Mr. Griffin referred to page 57 of the agenda which was the exhibit for the lot. He inquired if this was provided to FDEP. Ms. Grubbs replied that FDEP received a floorplan and survey dated 8/31/2020 which was on pg. 48 of agenda packet. Ms. Grubbs also stated that this was approved by BOCC in 2003 later modified in 2006. Mr. Griffin inquired if there was any modification. Ms. Grubbs said it had not been modified. Mr. Griffin inquired if the site plan includes the coastal control line. Ms. Grubbs said in involved a typical lot CCC Line in the rear. Mr. Griffin inquires if the original was sent to BOCC for approval. Ms. Grubbs confirmed it was the approved plan. Mr. Griffin inquired if the current coastal construction line vs. the new coastal construction control line is on the plan. Ms. Grubbs highlighted on presentation. Mr. Griffin inquired if the county follows the line from the past or current coastal line. Ms. Pendarvis stated that this lot would follow current coastal control line 1988 anything east of the newer CCCL line require DEP Approval prior to county approval. Mr. 2 1 p„ Page 5 of 62 Board of Adjustment Wednesday, November 18, 2020 9:30 AM Griffin inquired about the dunes and environmental impact. Ms. Pendarvis replied there is no environmental impact report however the ERD department sated that it would be ok. Mr. Griffin inquired letter FDEP comments being in conjunction with our ordinance. Ms. Pendarvis replied that the request does not comply with the PUD approved by the PUD. Mr. Griffin wanted to clarify that the applicant can become in compliance by simply moving the structure and Ms. Grubbs confirmed. Mr. Griffin inquired about typo stating SE or SW. Ms. Grubbs replied it is meant to state SW. Ms. Pendarvis clarified for Chairman Lowe that the staff recommends that the building can simply be moved to meet the setback. Ms. Grubbs responded to Mr. Mencer regarding mail in notice count total vs comments. Ms. Grubbs replied to the Chairman regarding any other variances in the project which there were not. Mr. Griffin inquired about other buildings constructed in PUD and approved. Ms. Grubbs stated that they are approximately 17 other beach front buildings and are on the same line of Lot 31. APPLICANT PRESENTATION Mario Arbucci, 4800 Watersong Way, Fort Pierce, FL 34949. Home is a unique double wide lot, and the road radius is the problem. Help for property to the north with a 20ft rear setback. Has an approval from DEP for the 27ft setback. There is a house into the rear setback about the same as the proposed. None have complained about this home. Read the answers to answers for the supplement verbatim and presented the appraiser photos via application submitted. The photos reflected the aerial that to the applicant reflects that the home was not meeting setback requirements. He has a survey created to prove that it was in the setback. Ms. Pendarvis stated that the permit met the 40 ft. setback and that the survey would not be viable for evidence. Mr. Tommie requested a copy of the survey provided by the applicant and Ms. Grubbs provided and Madame Secretary provided to each member. Mr. Arbucci stated that in preparation for house to be built in the north in Tract B for the future. The FDEP permit issued for 20 ft. setback. Chairman inquired how long ago the lot was bought. He replied 7/25/2020. Chairman inquired if he knew about the plans. Mr. Griffin clarified that as it is a PUD and therefore not much room for changes. The HOA board just approved this request. Mr. Mencer clarified that the applicant is a part of two boards in the HOA and the Arch Board. Mr. Arbucci said that he resigned from Arch board as of that morning. He also stated that he recused himself from decisions made for his lot. Richard Ladyko (Engineer) Mr. Ladyko gave history of Watersong PUD 91 single family lots. In 2005 the southern 75 lots were platted, sold, and constructed. The 16 lots to north (Tract B) a portion was not permitted by DEP because of CCCL. Tract B was acquired by separate individual to bring back Tract B and adding to Watersong PUD. He represents the applicant for Watersong Tract B. The two main requirements from DEP were to move the roadway to the west side of the tract away from the ocean side to switch the lots and roadway and second was to move construction of tract B westward of old Control Line. Line of construction approved by DEP and mandated 20-foot rear setback. The project then fell and now the attorneys and POA to bring application in the next few months back. With that application the 20-foot rear setback will be set as per DEP. An additional 12-23 lots would be added versus 16 lots. 3 1 p„ Page 6 of 62 Board of Adjustment Wednesday, November 18, 2020 9:30 AM Staff did not have any issues 20-foot setback for that project. BOARD DISCUSSION Mr. Mencer inquired regarding complaints from public is view obstruction. Mr. Ladyko stated that as per his 30 year experience most people would like a Southeast vs. Northeast view of the ocean. Mr. Griffin inquired that because of his experience PUD's are "cookie - cutter" homes. Mr. Ladyko confirmed it was so. Mr. Griffin also clarified that the survey that was to be provided by the applicant to be used as precedence was not valid and did not have a variance. Mr. Arbucci inquired regarding comments referred to by Mr. Mencer. Mr. Arbucci clarified that he is on the HOA Board and no longer on the Architectural Review Board. Public Comments All Sworn in Antonio Lanza 4917 Watersong Way, Hutchinson Island, FL 34949 Moved into the community 3 months ago and found challenges with construction in community. The attorney retained by several of the HOA members stated that there are no minutes to show the applicants' recusal. There was also fraudulent documentation provided to the ARB Committee. Homeowners were never noticed of ARB meeting. The immediate neighbor is opposed, and other neighbors would have attended, but declined due to COVID -19. BOARD DISCUSSION Mr. Mencer inquired if the attorney was present and Mr. Lanza stated that he was not. Mr. Griffin inquired where Mr. Lanza's home was in close proximity to the applicant. Mr. Lanza responded that it is 10-15 lots away and developed and on riverside. Mr. Tommie inquired of Ms. Barbieri regarding proceeding with hearing despite litigation. Ms. Barbieri responded that there is no stay at that moment and that the Board members would proceed with following LDC. Carlos Lanza 4845 Watersong Way, Hutchinson Island, FL 34949 Registered Architect and Planning and Zoning Director for 15 years for city in South Florida. Never received notice of the variance even though he was within 500 feet of the property. Variance does not comply with LDC and stated requirements of a variance as per the code. Applicant sits on both Boards when application was submitted for approval. Last week it was discovered that approved plans by HOA were fraudulent as they were not created by a registered architect but by an engineer. Provided exhibit 7A2 & 3 which reflected compliance of setbacks. All new board members are opposed. This would be setting a precedent for future owners. Reference to Tract B is irreverent because those plans have not been approved yet and DEP does not control zoning regulations. 4 1 p„ Page 7 of 62 Board of Adjustment Wednesday, November 18, 2020 9:30 AM BOARD DISCUSSION Mr. Mencer inquired regarding approval of proposal made to HOA, whether all HOA members can vote or if only Board members get to vote. Mr. Lanza responded only Board members, but that it is in the process of changing. Michael J. Ferrera 4804 Watersong Way, Hutchinson Island, FL 34949 Purchased home 1 year ago in Watersong next to lot. Object because of obstruction of view and serves as precedence. Dr. Stephen Brent Harris 5120 Watersong Way, Hutchinson Island, FL 34949 His home under construction on south end. All homes are not exactly alike some lots are shorter. He submitted house plans to county first and was approved. However, with HOA changes which included Mario on board he had to go back to the county four times before approved by HOA because of setbacks and even had to remove swimming pool because of setbacks guidelines. It should be fair across the board for all HOA members. All virtual comments read into the record as follows: 1. Maura N. Clausen, 400 Main St, Stanford, CT 06901 " All lots and buildings must conform to current minimum setback rule please." 2. Gail Kabler, 4800 Waterson Way, Fort Pierce, FL 34949 I am not in favor of this requested variance for the following reasons: 1. There was not a stated reason as to why this variance was requested. Because there was not a need stated in asking for this variance once would deduct that it is simply a variance that the individual is wanting to do. That might be okay as long as it didn't infringe on the rights of the neighbors. But I do think it infringes on Watersong neighbor's rights as stated below. 2. There would be a partial obstruction of the northern ocean view for the two existing Watersong homes (4804 and 4808 Watersong Way) that are south of this variance house. The houses in Watersong only have a total of 12 feet of distance between them (side distance). If one house were to jet out 13 feet into the rear set back that would result in significant visual view issues to the houses next to it. Not only would it restrict their current ocean view to the north, but it would be unsightly and definitely hurt the resale value of their homes. 3. There is a community walkway that is for the use for all the Watersong residents and it is adjacent to the 4800 Watersong lot. Allowing this variance would limit the open area that was created for easy access to this walkway for all the Watersong owners. Thank you, Gail Kabler. 5 1 III: �:� p„ Page 8 of 62 Board of Adjustment Wednesday, November 18, 2020 9:30 AM 3-10. Esteban Endere 4905 Watersong Way, Joseph Chala 4876 Watersong Way, Santiago Camacho 4865 Watersong Way, Jose Martinez Medrano 4873 Watersong Way, Mark A. Eidemueller 5040 Watersong Way, Kristin Newman 5024 Watersong Way, Michael Thompson, 924 Watersong Way all stated the following: St. Lucie County Planning and Development Service Department Planning Division - Board of Adjustments Re: Mario Arbucci Variance Request for Lot 31 As a Homeowner of the Watersong Community I am opposed to the proposed setback variance requested by Mr. Arbucci to encroach the proposed residence 13 feet into required 40' minimum rear setback which is to be heard before the Board of Adjustment on November 18, 2020. 1 respectfully ask the board to deny this application for the following reasons: 1. The proposed setback variance is inconsistent with the Watersong neighborhood's context. 2. According to the St Lucie County Land Development Code 10.01.02 - 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. This application does not comply with any of the reasons of Article 10.01.02 (A), Mr. Arbucci submitted an initial Site Plan application to the Watersong Architectural Review Board on July 14, 2020 which demonstrate the proposed residence fit within the property without the need of setback a variance. Furthermore, the applicant can modify the proposed plans to make the house smaller in depth and wider in width to accommodate his desires. (see attached site plan) 3. Mr. Arbucci is a board member of the Watersong Homeowner's Association and also board member on the Architectural Review Board which granted this approval without any notification to the homeowners nor in compliance Architectural Review Board's criteria to grant a variance. The Architectural Review Board Article 9.6 states: The ARB may authorize variances from compliance with any of its guidelines and procedures when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require, but only in accordance with rules and regulations adopted by the ARB. Such variances can only be granted, however, when unique circumstances dictate. The validity of this approval by both the Board of Directors and Architectural Review Board is being contested by the homeowners of Watersong. 11. Mr. Arbucci stated that he is not aware of a lawsuit. The lawyer is Mr. Lanza's son. ARB Committee never have meetings all communications are done via emails thru property manager. There is no requirement in covenant that designs need to be created by an architect. 6 1 p„ Page 9 of 62 Board of Adjustment Wednesday, November 18, 2020 9:30 AM Chairman inquired about HOA Members not being noticed about HOA meetings. Mr. Arbucci ARB meetings do not require residence to be in attendance. 12. Mr. Antonio Lanza F.S. Chapter 7.20 All committee meetings must be noticed, and minutes maintained. Attorney is my son a licensed attorney in State of Florida. There is no lawsuit and two lawsuits Stephanie Eidemueller The ARB and BOA was put on notice in zoom meeting in May to provide access to residence to meeting. Chairman inquired if this was documented. Rodney the property manager received the notification. Board Discussion Mr. Tommie felt that this would not be fair for other residence as per testimony. All should be treated equally. Mr. Mencer thanked the public for coming. Mr. Griffin inquired about the process; the variance is lacking as it violates the LDC. Mr. Ferrera's testimony as direct neighbor of view obstruction. The Chairman stated he agrees with the board. BOARD MOTION Mr. Griffin motioned to deny variance as per staff comments and the evidence presented by exhibits Site Plan, Letters, and photographs and LDC. RESULT: MOVER: SECONDER: AYES: NAYS: EXCUSED: 8. OTHER BUSINESS DENY Board of Adjustment Council Member Kevin Griffin Stewart Mencer Bob Lowe, Alexander Tommie, Stewart Mencer, Kevin Griffin None None Chairman inquired about January meeting. Ms. Pendarvis that January will be held on the 27th. 9. ANNOUNCEMENTS Mr. Tommie announced that Tuesday the 24th annual turkey giveaway on Avenue D and 15th St. in Fort Pierce from12-3pm. Hope for the homeless organization and Seminoles tribe involved. Chairman thanked staff and community. 7 1 p„ Page 10 of 62 Board of Adjustment Wednesday, November 18, 2020 9:30 AM 10. ADJOURN The meeting was adjourned at 11:26 am. 8 1 III: �� p„ Page 11 of 62 ITEM NO. (ID # 2021-50948) S54fo L U C AGENDA REQUEST TO: Board of Adjustment PRESENTED BY: Tahir Curry, Associate Planner SUBMITTED BY: Planning & Development Services SUBJECT: Wilson 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: 1/27/2021 RES NO: BOA-2021-001 The request of Sara & Edwin Wilson 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 1) allow a pole barn (existing) to encroach into the required 30-foot rear yard and 20-foot side yard setback, providing a total rear and side yard setback of 10.5 feet; and 2) allow a metal shed and adjoined lean-to (both existing) to encroach into the required 20-foot side yard setback by no more than 10.2 feet for both structures, providing a total side yard setback of 9.8 feet, on a 1.16 acre parcel, within the AR-1 (Agricultural, Residential - 1) Zoning District. 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: Page 12 of 62 RESULT: MOVER: None SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures Date: January 21, 2021 Benjamin Balcer, Planning & Development Services Assistant Director Date: January 21, 2021 Katherine Barbieri, Assistant County Attorney III Page 13 of 62 u TO: Board of Adjustment THROUGH: Linda Pendarvis, Planning Manager Kori Benton, AICP, Assistant Planning Manager FROM: Tahir Curry, Associate Planner DATE: January 6, 2021 S � �� iirv�� i c e s III �u III!�� �o iii�� III iii° iu�,���iiu N��� iii iI't III a iu m iii iii lii ii� g III °,� �liiv ui � u ui o iii IIW/II 1VI 0 A U II%4 SUBJECT: The request of Sara & Edwin Wilson 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 pole barn, metal shed, and lean-to to encroach into the rear and side setback. ITEM NO.: 2021-001 AGENDA 2021-50948 NO.: Agenda Item 8.A. GENERAL INFOMRTAION: PROPERTY OWNERS: LOCATION: PARCEL: PARCEL SIZE: FUTURE LAND USE: ZONING DISTRICT: Sara & Edwin Wilson 4911 Bald Cypress Trail Fort Pierce, FL 34951 4911 Bald Cypress Trail, Fort Pierce, FL. 34951 1418-132-0040-000-4 1.16-acres RU (Residential Urban) AR-1 (Agricultural, Residential - 1) PURPOSE: The purpose of this Variance is to allow 1) A pole barn (existing) to encroach into the required 30-foot rear yard and 20-foot side yard setback, providing a total rear and side yard setback of 10.5 feet; and 2) Allow a metal shed and adjoined lean-to (both existing) to encroach into the required 20-foot side yard setback by no more than 10.2 feet for both structures, providing a total side yard setback of 9.8 feet. EXISTING USE: Single -Family Dwelling UTILITIES: Wastewater— Septic Water — Well Page 14 of 62 air „� �J,'us 10.5 fit. P w',' Board of Adjustment Wilson Variance (BA-10202025856) ROADWAY IM PROVEMENTS: None SURROUNDING ZONING: The AR-1 (Agricultural, Residential - 1) Zoning District surrounds the subject property to the north, south, east, and west. BACKGROUND: The un-platted property is located at 4911 Bald Cypress Trail, Fort Pierce, FL. The 1.16-acre property consists of a (+/-) 2,104 sq. ft. single-family residence with a 36.5' X 49.0' pole barn, 11.8' X 19.9' metal shed, and a 19.8' X 19.9' lean-to adjoining the shed. The single-family home was built in 2006, by the current property owners. The accessory structures were constructed without a building permit. The pole barn is utilized to store a private boat, RV, and similar, while the shed and lean-to are utilized to store miscellaneous yard equipment and an ATV (dirt bike). The pole barn was cited by St. Lucie County Code Enforcement and is currently pending building permit (BP# 2007-0205) approval, contingent upon the granting of this variance. The applicant(s) stated the pole barn was constructed in March of 2020, the lean-to in 2019, and the metal shed in 2008. The unpermitted structures require building permits and inspections to be retained in place, with variance approval, or for relocation in alignment with applicable setbacks. The petitioners, Sara & Edwin Wilson, seek to permit the existing pole barn to encroach into the required 30-foot rear yard and 20-foot side yard setback, providing a total rear and side yard setback of 10.5 feet; and permit the existing metal shed and adjoining lean-to which encroach into the required 20-foot side yard setback by no more than 10.2 feet for both structures, providing a total side yard setback of 9.8 feet, within the AR-1 (Agricultural, Residential - 1) Zoning District. 8ft"""1'% „„ Exhibit 1: Boundary Survey aG1C i 11 4 a x x 11.1 � , p P 1 0 Q? ."9 Lean-Ta 19,8' X 19,9' ip. r Wetiand Areaa 7rM5�i rn r N.fz "4"N+I $xJ1.11-,' 1, 5' 11.8' X� r� r�7 Pole Barn 19.9 Ui X 22.' F x. JCAGEr t19.r - Family DRI ,. c�zl r[ .l .DRIVE• "i'Ed.l. SCREEN IN - �1 b 22.�s 90, 52.4' c / ;'I r; -------- ----- �f�WINtr ILSO i Lm K�U r I �I ____—.l 13 004 ... cOVERe� �rre�rn�rxax 49118AL ➢ CYPRESS 1HL PORCH L-------- x x.—x—rs—r�---...y,,— —,w— ,.,�,�A.,X..X.........X—rs�tre—t,—w—t—x—t,—x— — — —x— —'—� ,oil rh p DI RT 13RIVIE 1- 11 7T-4,.-- _.ee m,,,. ...,., .. ree�rvfi ir�r� n i 1 20• Page 2 Page 15 of 62 Board of Adjustment Wilson Variance (BA-10202025856) The approximate 167' X 302' lot conforms to the required minimum lot width of one hundred fifty (150) feet and the required minimum 43,560 square feet land area within the AR-1 (Agricultural, Residential - 1) Zoning District. Bald Cypress Trail is a private easement and does not meet the County required minimum road frontage of thirty (30) feet. On April 24, 1991, non -conforming lot of record research determined that a building permit could be issued, subject to environmental permitting, provided a recorded easement to the property from the nearest public road was demonstrated. The existing residential structure was permitted accordingly. The following table provides the minimum lot and dimensional requirements for structures within the AR-1 (Agricultural, Residential - 1) Zoning District. Minimum Lot Size and Dimensional Requirements AR-1 (Agricultural, Residential - 1) 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 AR-1 Agricultural, 43,560 150ft 30ft 50ft 30ft 20ft 30ft 35ft 20% Residential - 1 ENVIRONMENTAL REVIEW: Background: The Environmental Resources Department (ERD) is in receipt of the October 7t", 2020 date - stamped submittal from Planning and Development Services. The applicant is seeking approval of a variance to decrease the minimum required construction setbacks of 30-ft to the rear (north) property line and 30-ft to the side (east) property line at corner to allow for a recently constructed pole barn. The existing pole barn's building foundation measures approximately 10-ft to the east property line and approximately 10-ft to the (north) property line. The subject site consists of one (1) single family residence, one (1) batting cage, one (1) metal shed, one (1) lean-to, and one (1) pole barn. The 1.16-acre parcel (Parcel ID 1418-132-0040-000-4) is located at 4911 Bald Cypress Trail in Fort Pierce and is zoned AR-1. Findings: A wetland measuring approximately 0.10 acre is present on the parcel, which is described as the `Apparent Wet Area' on the submitted survey dated January 315t, 2020. A non -binding jurisdictional wetland determination was provided by the Department of Environmental Protection on August 26, 2002 at which time the lot was first being developed. It is determined that the limits of the wetland as shown by DEP's determination and the current survey are consistent with each other. The closest part of the wetland measures approximately 48-ft to the pole barn's foundation. The proposed variance is not anticipated to result in any adverse environmental impacts as the lot is already developed and the existing pole barn does not impact the wetland onsite. Recommendation: ERD has no objection to the proposed variance with conditions as outlined below. Page 3 Page 16 of 62 Board of Adjustment Wilson Variance (BA-10202025856) Conditions of Approval: 1) An After The Fact (ATF) Vegetation Removal Permit shall be required at time of building permit approval. 2) Within 90 days of building permit approval, all Category I listed invasive plants shall be eradicated from the site. 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 applicant constructed the pole barn, metal shed, and lean-to within the required 30-foot rear and 20-foot side yard setback. Furthermore, the existing structures were erected without building permits and do not meet the rear or side yard setbacks, as required for the AR-1 (Agricultural, Residential - 1) Zoning District. The property size provides an opportunity for the structures to be relocated within the required setbacks or to avoid any impacts to the wetland area, depicted on the above Exhibit 1 Boundary Survey. 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 4 Page 17 of 62 Board of Adjustment Wilson Variance (BA-10202025856) Exhibit 2: Current Conditions — Existing Pole Barn, Shed, and Lean-to Location 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. 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 necessary to make possible the reasonable use of land and structures. No justification was presented to why the structures could not be relocated 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. Page 5 Page 18 of 62 Board of Adjustment Wilson Variance (BA-10202025856) The Variance is in conflict with the general spirit and intent of the St. Lucie County Land Development Code. The existing pole barn, shed, and lean-to encroach into the rear and side yard setbacks, conflicting with Section 7.04.01 of the St. Lucie County Land Development Code. LDC Section 7.04.01, affirms, "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". RECOMMENDATION: The Variance does not arise from unique conditions applicable to the land, and does 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 recommends denial of the requests. Page 6 Page 19 of 62 Board of Adjustment Wilson Variance (BA-10202025856) Suggested motion to recommend approval/denial of this requested variance. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF SARA & EDWIN WILSON, 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 POLE BARN (EXISTING) TO ENCROACH INTO THE REQUIRED 30-FOOT REAR YARD AND 20-FOOT SIDE YARD SETBACK, PROVIDING A TOTAL REAR AND SIDE YARD SETBACK OF 10.5 FEET; AND 2) ALLOW A METAL SHED AND ADJOINED LEAN-TO (BOTH EXISTING) TO ENCROACH INTO THE REQUIRED 20-FOOT SIDE YARD SETBACK BY NO MORE THAN 10.2 FEET FOR BOTH STRUCTURES, PROVIDING A TOTAL SIDE YARD SETBACK OF 9.8 FEET, ON A 1.16 ACRE PARCEL, WITHIN THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1) 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 SARA & EDWIN WILSON, 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) ALLOW A POLE BARN (EXISTING) TO ENCROACH INTO THE REQUIRED 30-FOOT REAR YARD AND 20-FOOT SIDE YARD SETBACK, PROVIDING A TOTAL REAR AND SIDE YARD SETBACK OF 10.5 FEET; AND 2) ALLOW A METAL SHED AND ADJOINED LEAN-TO (BOTH EXISTING) TO ENCROACH INTO THE REQUIRED 20-FOOT SIDE YARD SETBACK BY NO MORE THAN 10.2 FEET FOR BOTH STRUCTURES, PROVIDING A TOTAL SIDE YARD SETBACK OF 9.8 FEET, ON A 1.16 ACRE PARCEL, WITHIN THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1) ZONING DISTRICT, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC). Page 7 Page 20 of 62 ST. LUCIE COUNTY & Servic�en Planning & Development Services Department Planning Division 0C P 0 7 wo 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 hftiD://www.stlucieco.org/plannin,q/planning.htm AI V F D DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment, Submittal Type rcheck each that applies Site Plan Rezoning' El Major Site Plan 0 Rezoning (straight rezoning) o Minor Site Plan E".] Rezoning (includes PUD/PNRD/PMUD) Major Adjustment to Major Site Plan Ei Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 F1 Major Adjustment to PUD/PNRD/PMUD 0 Future Land Use Map Change 1-1 Minor Adjustment to Major Site Plan n Comprehensive Plan Text Amendment El Minor Adjustment to Minor Site Plan ri Minor Adjustment to PUD/PNRD/PMUD Planned Development El Planned Town or Village (PTV) Ei Planned Country Subdivision (PCS) • Planned Retail Workplace (PRV\I) • Prelim. Planned Unit Develop. (PUD) • Prelim, Planned Mixed Use Develop. (PMUD) F.i Prelim. Planned Non -Res. Develop. (PNRD) LJ Final Planned Unit Develop. (PUD) El Final Planned Mixed Use Develop. (PMUD) I.-] Final Planned Non -Res. Develop. (PNRD) Conditional Use' n Conditional Use 1-1 Major Adjustment to a Conditional Use D Minor Adjustment to a Conditional Use Variance 2 F1 Administrative Variance A" Variance F-1 Variance to Coastal Setback Line Other 11 Administrative Relief El Class A Mobile Home 6 El Developer Agreement (Submit per LDC 11-08.03) El Power Generation Plants • Extension to Development Order • Historical Designation/Change 6 El Land Development Code Text Amendment El Plat 0 Post Development Order Change El Re -Submittal # F.-.1 Shoreline Variance F-3 Stewardships — Send ing/Receiving El Telecom Tower (Submit per LDC 7.10.23) F-1 Transfer of Development Rights 0 Waiver to LDC/Comp. Plan Requirements 9 F-1 Appeal of Decision by Administrative Official" El Eminent Domain Waiver" Application Supplement Packaaes 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 I of 6 Revised May 6, 2013 Page 21 of 62 r FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: G-I' o'& Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) \� V o BASE REVIEW FEE: $ (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: SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047, amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 — Methodology Meeting (H) (if Applicable) • Additional fees will be due if a 3ro party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 31 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 R uest l Applicant Name (Printed) ignature of applicant INTAKE REVIEWER - SIGNATURE VERIFIED BY - SIGNATURE File #: Receipt #: Page 2 of 6 Revised March 15, 2016 (For office use only) DATE DATE Targeted Industry: Page 22 of 62 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: ly IN Application, completed in black ink, with property owner signature(s) and notary seal (1 original and �C copies) l� Aerial Photograph — property outlined (available from Property Appraiser's office 21 Property Deed Legal description, in MS Word format, of subject property Property Tax Map — property outlined (electronic copy not required) CN Survey (24x36) X 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"06" 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 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 23 of 62 C Project Name: Site address: Parcel ID Number(s): N I t3 - 15Q - Planning & Development Proliect Information Services NOV (, 6 2020 Legal Description: (Attach additional sheets if necessary - also must be provided in IVIS Word format on CD) J1q -L��S 3C) ,--d ID50 Property location -SectionITownship/Range: J8hqS1qt)E Property size - acres:-1-hp A C- Square footage: 5030 Future Land Use Designation: Lw -t2L Zoning District: K-1 Description of project: (Attach additional sheets if necessary) Type of construction (check all applicable boxes): 11 Commercial Total Square Footage: Existing D Industrial Total Square Footage: Existing P"Residential No. of residential units: Existing No. of subdivided lots: Existing El Other Please specify: Number and size of out parcels (if applicable): Page 4 of 6 Revised March 15, 2016 Proposed: Proposed: Proposed: Proposed: Page 24 of 62 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 BoundaryTopo.pdf Drainage 1 Stormwater Plan PDF Draina ePln. df Easements PDF Easements.pdf 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 Utiliit . df Vegetation Removal Application PDF Ve etation. df Page 6 of 6 Revised March 15, 2016 Page 25 of 62 1� 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: Busine Name: c Business Name: Name: G won 1A, I Qhk Name: Address: `4qJ_(_ _ C,� (1-1, SC Tl Address: -�-� Ply . R -L40h:�1 _ (Please use an address that can accept overnight (Please use an address that can accept overnight S,cc, packages) packages) Phone: U2 9 (� -i7 -5� _ Phone: Fax: Fax: Email: Email: Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all 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 applic#t or agent to act on behalf of said property owner. Mailing Address: �a Property Owner Name (Printed) Phone: If more than one owner, please submit additional pages STATE OF , COUNTY OF s S6 LUCIJ The foregoing instruMent was acknowledged before me this day o , 20a� by s - _ who i e sr onally known to me r who has produced as identification. , Sign—arurerw Type or Print Name of Notary Commission Number (Seal) t�sr Age.: JAMiE OCONNOR �®) Notary Public • State of Florida `' Commisstorr p GG 463729 Page 5 of fi or,��?., My Comm. Expfres Feb 27,1024 Revised March 15, 2016 Bonded through National Notary Assn. Page 26 of 62 Planning &DOWOPment Services November4.2020 St. Lucie County Planning& Development Services Dept. Planning Division 2300 Virginia Avenue Fort Pierce, FL 34982 To whom it may concern, NOV o6na RECEIVED I am writing this letter for permission to apply for a variance for a pole barn that has been constructed on our property in March 2020 and a metal shed and Lean too that were constructed in 2007 when the home was built at our residence at the address of 4911 Bald Cypress Trail Fort Pierce, FL34951. The variance is for minor adjustments to the county required setback parameters and meets the requirements in Chapter 10, section 10.01.02 of the Code to Support a finding of a variance. The variance will not violate any of the the exclusionary parameters mentioned in section 10.01.03. We are requestioning a 10-foot variance to the side of the propertyto allow a pole barn, metal shed and lean too to remain 10 feet off the North property line and a 20-footvariance to the rear property line to allow the pole barn to remain 10.5 feet off the rear property line. The construction of the pole barn was completed bythe homeowners accordingto engineered plans during the worldwide closures due to the pandemic. It was done so underthe impression that this structure did not need a permitsince it does not have a concrete floor or enclosed sides and the location of the residence in an agriculture setting. The installation of the metalshed and lean too were completed in 2007 during the final stages of construction and it was broughtto our attention that these structureswere not permitted and did not meetthe required setback parameters. These structures are used to cover and house recreational vehicles, one of which is a 44-foot 51' wheel RV. If this structure is required to be moved in accordance to the setbacks it will make it very difficult to maneuverwithin the property lines due to the fact we have a large wetlands area within the centerof the property. The South side of our property will also hold water with increased rain making it prone to flooding. The cost of removing and relocating these structures will cause substantial economic hardship and will surpassthe actual cost of the structures. These structures are not visible from the front of the property. Theyare only visible to the neighboring residence, whom have all agreed on the current location on our property. These structures do not pose any threatsto any of the neighboring properties and should be considered an assetto increasing the propertyvalue. Page 27 of 62 We have enclosed the Developmental application, variance fee and supplemental application along with the other required documents. We completed an updated survey as requested and had all of our neighbors sign off on the current location on our property. Thank you for yourtime, Sara And Edwin Wilson Page 28 of 62 Planning & Development Supplement 2 Services NOV o 6 2on Variance Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details RECEIVED 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.) — - E S W. I �-On 0 86ud SS rcul 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is gr-,,anted: Q,, 4,e- a6UA re,�bvvezj Sr-4 Iwa C4 C - c) 0 a vourion!5Q_j.,, )100 liese- 6*Lr+vres 40 remcu:n OS tp _b )I, �4 ,pfol & L),p.I,,,e,, 6ueS�Ur ej 0"nCA veqjn (N-k Ca 6 Qbr SA, V) Wa�tA'e-r 1 0 le t 0 o f (b 0 CLrt e3 CL LA h�' 1 UY4, Y (*(, Pde-h�t� Lil f4e, -IaK 3. State th specifli ardship imposed onle0owner hx(the LDC? W vu-q ol Xwuii- -its LiC +�t �-rS aS V-("alwo, S b UJ- L� Dki 0 + Ct U4?- A-kie- eo(� axzk- ici� 4w-p(-0W+q ugl'o wrt, b(AcAUxikkn vdmeltS 4. State re ons why this hardship is unique to the owner and why ther rt similarly situated does not suffer from the same hardhip. TheMOTY 9ee(PTPft7n AZ h64,de-' PVce-. aC)DI 50 ()iovctx 4+ym , 4-1-1- tr L41 q^lso Clae ��-��f (L-))f ec"Isr C�vyllgdrarib ALI' S t 0�� 'WA CAV)CA low a7 -b WCo-r-vVtr &- LN 4 4-rZILIU4 4;& I-e 5. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhood in hich the subject goperty is locate�. ��,`(��res AMP, n-Kt�0 0 CIV 0-re_ OD-� VISIkD DAI 4X, f- POP" UJ ea -A aAcl 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 ropert locate n y is lo) I7-hesf- 'SA-Y-W-Wy-es oxf, Do hih('6WUJ Iric 0 elec;r\lc)A- "ar VyA, .oht WIvcj0I?_ La I I +- e- r �o -Y 1n&Tc4e Alurcl<�� WQI WrIcse- C, tj o-,, Sj\ey uSECI 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. p r to 4 \4c -sot Qo,(or - 4,t, M+Iq g, (tea pc,, I Ar OLI I 4VYz,?- ',_rk0tt �It tk OC)j�- popp. lCoe, I S nud beawZ &ny U 4 Avie, � e- 9 Vu c,� V v be- " 6 ve, d Page I of 3 Revised: February 5, 2013 Page 29 of 62 i supplement t 8. Explain how this proposed variance is consistent with the general spirit of the LDC end the St. Lucie County Comprehensive Plan. Shrvcl-UPS 1 I lLe� p� l� br��ns 1-C�n �oS o�nc� n��-a-j 5l fie. N'h�' Uncles fNe. �� � S�-, l,v�� C. - (Cc�v►��'�,G�rj7v� 19)1!�n . 9. Is this variance request Io within a Homeowners or Property Owners Association? YES (VOJ 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 po—A)a- • 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. • 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. jr(A 14 CsOn Applicant or Agent Name (printed) Page 2 of 3 Revised: February 5, 2013 anature Page 30 of 62 r Supplement 2 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 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. • 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 ,jsfions at the public hearing. (Applicant Name) swear (or affirm) that the information and facts sta therein on the application is true and correct. Applicant Signatu a Date: i1 �(� 1f 01t)pU STATE OFLQP`11� COUNTY OF,T��, The foregoing instrument was acknowledged before me this A day of 20�by : �� U 2� S nt s whom is personally known to rn or eo has 1p of[i�ed jrU U. 1l L, as identification. re Commission Number (Seal) �PY Pr� KAREN S. NIELSEN LB16_Staie of Rorida-Notary Public Commission # GG 207484 ;F vePc My Commission Expires June 12, 20222 ype or Print Name of Notary Page 31 of 62 Prepared by Diane Palm, an employee of First American Title Insurance Company 5481 Northeast St. James Boulevard Port St. Lucie, Florida 34983 (772) 344-6776 Return to: Grantee File No.: 2095-790912 wd 11111 :41 J31 This indenture made on April 06, 2005 A.D., by Robert E. Dooling whose address is: 7201 Santa Rosa Parkway, Ft. Pierce, FL 34951 hereinafter called the "grantor", to Edwin C. Wilson and Sara A. Wilson, husband and wife V E U whose address is: 2811 Stratford Point Drive, W. Melbourne, FL 34904 hereinafter called the "grantee": (Which terms "Grantor" and "Grantee" shall include singular or plural, corporation or individual, and either sex, and shall include heirs, legal representatives, successors and assigns of the same) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10,00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in St. Lucie County, Florida, to -wit: The South Half of the Southeast Quarter of the Northwest Quarter of the Southwest quarter of the Northeast Quarter of Section 18, Township 34 South, Range 40 East, St. Lucie County, Florida, less the East 30 feet thereof. Parcel Identification Number: 1418-132-0040-000/4 The land is not the homestead of the Grantor under the laws and constitution of the State of Florida and neither the Grantor nor any person(s) for whose support the Grantor is responsible reside on or adjacent to the land. Subject to all reservations, covenants, conditions, restrictions and easements of record and to all applicable zoning ordinances and/or restrictions imposed by governmental authorities, if any. Page I of 2 2095 -790912 Page 32 of 62 Together with all the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31st of 2004. In Witness Whereof, the grantor has hereunto set their hand(s) and seal(s) the day and year first above written. Robert E. Dooling Si nedlsealed and deliver d i r presence: Witness Signature Witness Signature Y Print Name: t o • �(,t.� Print Name: State of FL County of St. Lucie The Foregoing Instrument Was Acknowledged before me on A ril 06, 2005, by Robert E. Dooling who is/are personally known to me or who has/have pr uce a valid drivQislicense identification. ZZ) 7 NOTARY PUBLIC 01ANE W. PALM un`...x ". „P..,lNotary Print Name My Commission Expires: Page 2 of 2 2095 - 790912 Page 33 of 62 Property,'Ajrql, Page I of I 0C T 0 7 i&elle Franklin, CFA -- Saint Lucie County Property Appraiser -- All rights reserved. Property Identification Site Address: 4911 Bald Parcel 11): 1418-132-0040- Account #: 7893 Sec/Town/Range: Cypress'rRI, 000-4 18/34S/401,' Map ID- 14/18N Zoning: AR-1 Count Use "type: 0100 JUrisdiction: Saint Lucie County Ownership Legal Description Edwin C Wilso' 11 18 34 40 S 1/2 OF SE 1/4 OF NW 1/4 OFSW 1/4 OF NE Sara A Wilson 1/4-LESS El 30 FT- (I.16 AC) (OR 2210-105 1) 4911 Bald Cypress Trl Fort Pierce, FL 34951 Current Values Historical Values 3-year Just/Market: $228,600 Assessed: $153,216 Year Just/Market Assessed Exemptions Taxable FIxeniptions: $50,000 Taxable: $103,216 2019 $228,600 $153,216 $50,000 $103,216 2018 $222,700 $150,360 $50,000 $100,360 2017 $215,400 $147,268 $50,000 $97,268 Sale History Date Book/Page Sale Code Deed Grantor Price 04-06-2005 2210/ 1051 XX00 WE) Dooling Robert $105,000 09-20-2002 1584/ 1674 XX00 WD I learn JR) Mildred J $13,000 07-11-2002 1553/0284 XX00 WD Johnson Sandra K $7,200 Primary Building Information Finished Area of this building: 2,104 SF Gross Sketched Area: 3,488 SF viexv: Year Built: 2006 Primary Wall: CB Stucco Bedrooms: 3 Full Baths: 2 1 lalf Baths: 0 Rool'Cover: Dirn Shingle Frame: Story I leight: I story A/C %: 100% I leated %: 100% Sprinkled %: N/A',,<) Exterior Data Roof Structure: flip Grade: 11 No. Units: I Interior Data Electric: MAXIMUM I leas "Type: ImillotAir heat Fuel: EILE'C Total Areas Building Type: 11B Effective Year: 2006 Secondary Wall: Primary hat Wall: Avg I lgt/l,'I(,)or: 0 Primary Floors: Tile-Ccramic Finished/Under Air 2,104 (SF): Gross Sketched Area 3,956 Land Size (acres): 1.16 ],and Size (SF): 50,530 Total Building Count: . ....... .. 2 Special Features and Yard Items Type City Units Year 1111 Driv-Concret 1 300 2006 U11 1, ITY A V G 1 240 2006 Drive-Brkl)av 1 800 2006 All information is believed to be correct at this time, but is subject tO change and is provided without any warranty. ) Copyright V I y , 2020 Saint Lucie C'mint Property Appraiser. All rights reserved. httl)s://www.pasIc.oi-g/R]-,'(,'.ai-d/, Page J4 0 6/15/4yO SeMups 0 'i Ownership Edwin C Wilson Sara A Wilson 4911 Bald Cypress"I'd Fort Pierce, Fl.. 34951 Legal Description 18 34 40 S 1/2 OF SE 1/4 OF NW 1/4 OF SW 1/4 OF NE'l/4-LESS E 30 F-r- (1.16 AC) (OR 2210-1051) Page 35 of 62 e3, e rV i r �,, �i E: iv E The undersigned, who resides at 4940 Southwind TRL has viewed and approve the location of the open carport (pole barn) on Sara and Edwin Wilson's homestead property located at 4911 Bald Cypress Trail Fort Pierce, FL 349SI. I have no objection to the granting of a variance so that the pole barn can remain as constructed. Albert H Dollear II Date The undersigned, who resides a- .4950 Southwind TRL has viewed and approve the location of the open carport (pole barn) on Sara and Edwin Wilson's homestead property located at 4911 Bald Cypress Trail Fort Pierce, FL 34951, 1 have no objection to the granting of a variance en that the pole barn can remain as constructed. ancis I Torrado 0 I-D3 4 1;6-�c 31- Date The undersigned, who resides at - 4943 Bald Cypress TRL has viewed and approve the location of the open carport (pole barn) on Sara and Edwin Wilson's homestead property located at 4911 Bald Cypress Trail Fort Pierce, FL 34951. 1 have no objection to the granting of a variance so that the pole barn can remain as constructed. Jackie Faye Kendrick Date Page 36 of 62 The undersigned, who resides at 4875 Bald Cypress TRL , has viewed and approve the location of the open carport (pole barn) on Sara and Edwin Wilson's homestead property located at 4911 Bald Cypress Trail Fort Pierce, FL 34951. f have no objection to the granting of a variance so that the pole barn can remain as constructed. Michael S Spears Date The1itidersigned, who resides at 4851 Bald Cypress TRL has viewed and approve the locationI of the open carport (pole barn) on Sara and Edwin Wilson's homestead property located at 4911 Bald Cypress Trail Fort Pierce, FL 34951. 1 have no objection to the granting of a variance so that the pole barn can remain as constructed. % /7 71 Ryan M Doyle Date The undersigned, who resides at 43315 Bald Cypress TRL , has viewed and approve the location of the open carport (pole barn) on Sara and Edwin Wilson's homestead property located at 4911 Bald Cypress Trail Fort Pierce, FL 34951. 1 have no objection to the granting of a variance so that the pole barn can remain as constructed. Date Page 37 of 62 The undersigned, who resides at _i87v - w i'reI _, has viewed and approve the location of the open carport (pole barn) on Sara and Edwin Wilson's homestead property located at4911 Bald Cypress Trail Fort Pierce, FL 34951. 1 have no objection to the granting of a variance so that the pole barn can remain as constructed. N me Date Page 38 of 62 3.01.03. - Zoning Districts. E. AR-1 AGRICULTURAL, RESIDENTIAL - 1. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for single- family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural 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 Table 1 in Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Table 1 in 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. Crop services. (072) b. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) c. Industrial wastewater disposal. (999) d. Kennels - completely enclosed. (0752) e. Landscaping and horticultural services. (078) f. Retail: (1) Fruits and vegetables. (543) g. Riding stables. (7999) h. Veterinary services. (074) i. 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, and include the following: a. Agriculture (farms and ranches accessory to single-family detached dwelling). (01/02) b. Animals, subject to the requirements of Section 7.10.03. (999) c. Guest house subject to the requirements of Section 7.10.04. (999) d. Mobile home subject to the requirements of Section 7.10.05. (999) e. Retail and wholesale trade - subordinate to the primary authorized use or activity. Page 39 of 62 Solar energy systems, subject to the requirements of Section 7.10.28. Page 40 of 62 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 41 of 62 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. Page 42 of 62 O O O O O O O M � U � kl I�y` M M M Ln M kn M kn M v7 M kn M O O cV N N N N N V >1 10 N O O O 6 M ,,y O M 0 ,� ~ GA bD Lr) bD in b0 W) k% �t w Ili .�- w L7r kn kn N N N kt-I N W N v N � a d W a +° •^'� O C> M a M 0 O a M O M O M O M C) M vW y C'• Z H � 3 o Cs o 0 0 � CD a z� r.. v t- o kr C) O 0 O Q C7 C> O W 00 (� v N N rn e) to cc A A r+ N � y N M ww ww w wx a a kn Page 43 of 62 O O b b O O O O O O O O C> C) o © a C> o a C7 a C7 O C) ,D M M N M M k M M t M M V) M M M M M �-.i 1--. r� ✓ r. ram. 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Vl V1 N © W) U ..... d e}' Cl V) O kn O kr� O Y1 N N N N C7 C> O O Cl O O O v O O C7 d CS O CD O O d u O kn O C C> N a a a o C> 0 o C) a o CD CDa oCD 0 0 00o in M M 00 ,�_, 00 •--� N N N d' d. N N W 0 a� wkn q p d o w z w C3 d z N a a z O w N d 04 CID z U U CAZ OU A W p4 a z Z Z C�7 d U U U GU U V v� Page 45 of 62 O o O L rti V C? N O N O N ^ O N C7 M O ^ Q o O N O U U U o W N N V] V) V] W vn v� u "0 0 o 0 o N a N OCOD Z Z �+ r%? p Z A �.., z A W A z W W W 0.4 ► A H L U y � �a wp z zp0 0 �w� � [~ z w w a a i w w w z � A W A 0 z a w °za W w A a �a x V w z A W O z w Page 46 of 62 r, j d y C O " O M � r CA 0 v O Q � > Cd N v, CA O M 6 v c tCi U p .d N rCn Ob O C U to o b CA b0 E� G p U E a� C C. Cd p 4-4 En N v Ei O a c- O 00 nCD C 9 a ci r� c;s O C p y O ,� O O U N C C +O C D L N 4° a ` 'cr O d cr cd u, o O ate . w w p C4 °° ai0.r �v o �r;S ..0 y RS cd U (� •✓� c1 N N sU. 'C1 C C `_1i d y 'w+ C +O+ • � v p Ln � y.y �'i O ~ •^.i 5- O OU ¢ .D U N M CZ ru _ cn Y 0 p [p� +��rr'• rn may', O •sz H ay • •� El ly CU 0 U 0 0 0 a � L. -0 9 N x N m o 4 C OK ^C 0 T3 C� O R 0 s; o^ p O O� z `� e3 O C CJ p N ( y N Z C Cp U O O d ` J p cn rCd N y C RS 4YV3 as aj v Q 404up. o c° Page 47 of 62 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 48 of 62 B. A variance to construct an accessory agricultural structure on agricultural property lacking sufficient frontage shall be governed by the provisions of Section 10.01.07. C. A variance from the requirements of Section 7.07.00, Stormwater Management, shall be governed by the provisions of Section 10.01.08. D. A variance from the requirements of Section 7.05.06, Driveways, shall be governed by the provisions of Section 10.01.09. E. A variance from the requirements of Section 6.05.00, Flood Damage Prevention, shall be governed by the provisions of Section 10.01.10. 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.D4. - 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 49 of 62 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 50 of 62 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 51 of 62 CD UL w It < u CN LL LO OW Oil oft W U \ .a CO U-) CIO 0 70 75 O LL ;I- 0 4 0� CM W 00 �r Z 00 U F: W W U) LL 00 : W U LL 0 r 0 LL z m g o Q) L p J W o ry zzM W CN � N 0) Ln L O 0-) r� 00 �1: IIV Im I I 9 LO 0 U r Y ~ o cLl < N �C/) J Z U- W M J W u• I 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: October 9tn, 2020 SUBJECT: Wilson Variance BA-10202025856 Background The Environmental Resources Department (ERD) is in receipt of the October 7t11, 2020 date -stamped submittal from Planning and Development Services. The applicant is seeking approval of a variance to decrease the minimum required construction setbacks of 30-ft to the rear (north) property line and 30-ft to the side (east) property line at corner to allow for a recently constructed pole barn. The existing pole barn's building foundation measures approximately 10-ft to the east property line and approximately 10-ft to the (north) property line. The subject site consists of one (1) single family residence, one (1) batting cage, one (1) metal shed, one (1) lean-to, and one (1) pole barn. The 1.16-acre parcel (Parcel ID 1418-132-0040-000-4) is located at 4911 Bald Cypress Trail in Fort Pierce and is zoned AR-1. Findings A wetland measuring approximately 0.10 acre is present on the parcel, which is described as the `Apparent Wet Area' on the submitted survey dated January 3111, 2020. A non -binding jurisdictional wetland determination was provided by the Department of Environmental Protection on August 26, 2002 at which time the lot was first being developed. It is determined that the limits of the wetland as shown by DEP's determination and the current survey are consistent with each other. The closest part of the wetland measures approximately 48-ft to the pole barn's foundation. The proposed variance is not anticipated to result in any adverse environmental impacts as the lot is already developed and the existing pole barn does not impact the wetland onsite. Recommendation ERD has no objection to the proposed variance with conditions as outlined below. Conditions of Approval 1) An After The Fact (ATF) Vegetation Removal Permit shall be required at time of building permit approval. 2) Within 90 days of building permit approval, all Category I listed invasive plants shall be eradicated from the site. Please contact Brian Arbeiter at 772-462-2866 if you have any questions. 1111111111 �������lllllllllllllllltllllllic E Page 56 of 62 John Doe 123 Anywhere St. Anywhere, USA 12345 Public Hearing Date: Wednesday, January 27, 2021 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL. 34982 Meeting Time: 9:30 AM (or soon thereafter) ApplicantlProperty Owner Sara & Edwin Wilson 4911 Bald Cypress Trail Fort Pierce, FL 34951 Proiect Location 4911 Bald Cypress Trail Fort Pierce, FL 34951 Future Land Use RU (Residential Urban) Existing Zoning AR-1 (Agricultural, Residential - 1) Parcel ID 1418-132-0040-0004 w i Variance B A-1�102020268H56 Location f V Public Hearing Notice Notice of Proposed Variance Requests You are receiving this notice because you are a property owner within 500 feet of the proposed petition. Proiect Description Sara & Edwin Wilson petitioned 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: 1) Allow for an existing pole barn to encroach into the required 30-foot rear yard and 20-foot side yard setback, providing a total rear and side yard setback of 10.5 feet; and 2) Allow an existing metal shed and adjoining lean-to to encroach into the required 20-foot side yard setback by no more than 10.2 feet for both struc- tures, providing a total side yard set- back of 9.8 feet. The subject 1.16 acre property is located within the AR-1 (Agricultural, Residential - 1) Zoning District and the Airport overlay district. 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: iiii°( tlVuu ur u:2 or Email: Il�uull�lli°ad�un��ui��°,u'(ETr,ulluu�;,fl,ir:;,,1 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 1/14/2021 Page 57 of 62 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(@sducieco.org or Fax (772) 462-1581 PROPOSED REQUESTED VARIANCE: The request of Sara & Edwin Wilson 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 30-foot rear yard and 20-foot side yard setback, providing a total Description: rear and side yard setback of 10.5 feet; and allow an existing metal shed and adjoining lean-to to encroach into the required 20-foot side yard setback by no more than 10.2 feet for both structures, providing a total side yard setback of 9.8 feet, within the AR-1 (Agricultural, Residential - 1) Zoning District. Project Location: 4911 Bald Cypress Trail, Fort Pierce, FL 34951 Current Zoning: 11 AR-1 (Agricultural, Residential - 1) 111 File No.: IIII BA-10202025856 If you wish to comment, please check only one of the three following statements and return no later than Monday, January 25, 2021. 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. Page 58 of 62 1418-133-0040-000-7 Chambers Ross A Chambers Norann 1200 N Ffa RD Fort Pierce FL 34945 1418-132-0020-000-8 Dollear II Albert H Dollear Pamela W PO Box 4418 Fort Pierce FL 34948 1418-133-0010-000-8 Doyle Ryan M Doyle Angela R 4851 Bald Cypress Trl Fort Pierce FL 34951 1418-132-0005-000-7 Episcopo Philip Episcopo Karen 3520 Lamp Post LN Gainesville GA 30504 1418-122-0041-000-0 Highway 1 Estates LLC Ubberhurst Oberborg Inc PO Box 380129 Murdock FL 33938 1418-132-0030-000-1 Jabeth Michelle Bacon Maurice 5149 Water Lilly Way Fort Pierce FL 34981 1418-132-0010-000-5 Kendrick Jackie Faye Kendrick Gregory Franklin 4943 Bald Cypress TRL Fort Pierce FL 34951 1418-244-0005-000-1 Martinez Luis Martinez Cathy PO Box 690024 Vero Beach FL 32967 1418-241-0010-000-0 Skopelja William R 6605 Green Dolphin ST Fort Pierce FL 34951 1418-241-0040-000-9 Skopelja William G Skopelja Regina G 4655 Hillcrest CT Crown Point IN 46307 1418-133-0030-000-4 Smith Hopeton 3449 SW Englewood ST Port Saint Lucie FL 34953-4940 1418-133-0025-000-6 Smith Hopeton 4909 Andre Dr West Palm Beach FL 33407 1418-133-0005-000-0 Spears Michael S Spears Crystal G 4875 Bald Cypress Trl Fort Pierce FL 34951 1418-132-0035-000-6 Testa Richard J Testa Jennifer A 4935 Bald Cypress Trl Fort Pierce FL 34951 1418-132-0015-000-0 Torrado Francisco J Johnson-Torrado Haley A 4950 Southwind TRL Fort Pierce FL 34951 1418-133-0020-000-1 Vizzi Margarette D 4411 Lafayette Blvd Fredericksburg VA 22408 1418-133-0035-000-9 Waters Anthony 4750 Indrio Rd Fort Pierce FL 34951 1418-132-0040-000-4 Wilson Edwin C Wilson Sara A 4911 Bald Cypress Trl Fort Pierce FL 34951 OwnersMailout.xls Page 59 of 62 N fD 4- 0 O fD N Ol C6 Text of Ad: 01 /08/2021 ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA Wednesday, January 27, 2021 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 provisions of the St. Lucie County Comprehensive Plan that the St. Lucie County Board of Adjustment is to consider the following re- quest: PURPOSE: The request, of Sara & Edwin Wilson, for a Var- iance from the provisions of St. Lucie County Land Devel- opment Code Section 7.04.01 (Table 7-10) - Lot Size and Di- mensional Requirements to 1) allow a pole barn (existing) to encroach into the required 30- foot rear yard and 20-foot side yard setback, providing a total rear and side yard set- back of 10.5 feet; and 2) allow a metal shed and adjoined lean-to (both existing) to en- croach into the required 20- foot side yard setback by no more than 10.2 feet for both structures, providing a total side yard setback of 9.8 feet, on a 1.16 acre parcel, within the AR-1 (Agricultural, Resi- dential - 1) Zoning District. LOCATION: 4911 Bald Cypress Trail, Fort Pierce, FL 34941 PARCEL I.D.: 1418-132-0040-000-4 FILE NUMBER: BA-10202025856 The Public Hearing on this item will be held in the Com- mission Chambers, Roger Poi- tras Annex, 3rd Floor, St. Lucie County Administration Build- ing, 2300 Virginia Avenue, Fort Pierce, Florida on January 27, 2021, beginning at 9:30 a.m. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments re- ceived in advance of the pub- lic hearing will also be consid- ered. The public will be able to physically attend this meet- ing, but seating in the Cham bers 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: -Email at Curryt@stlucieco.org Email at publiccomment@stlu cieco.org; or .Residents without Internet access can comment by phone at 772-462-1687 and TDD (tel- ecommunications device for 1__t1 _..._­ _. 1428. Written comments to the Board of Adjustment should be received by the Planning and Development Services De- partment - Planning Division by noon prior to the sched- uled hearing. Comments will be distributed to the Board in advance of the meeting and included in the record provid- ed the comments comply with the county's rules. Comments received by phone will be ei- ther played at 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- ment 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 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. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time to a date -certain. Anyone with a disability re- quiring 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 Publish: January 14, 2021 TCN4546759 Page 62 of 62