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BOA Agenda 09.22.2021
LuIl BOARD OF ADJUSTMENT AGENDA ST. LUCIE COUNTY Regular Meeting Wednesday, September 22, 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 St. Lucie Works to deliver superior service that enhances our quality of life Page 1 of 107 Regular Meeting Wednesday, September 22, 2021 9:30 AM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES A. Approval of the August 25, 2021 BOA Meeting Minutes S. SWEAR IN STAFF MEMBERS 6. PUBLIC COMMENTS 7. AGENDA ITEMS A. Crandall Setback Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion 5. Public Comment 6. Board Discussion/Decision B. McNeill Pool 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 2 1 P, : Page 2 of 107 Regular Meeting Wednesday, September 22, 2021 9:30 AM 8. OTHER BUSINESS 9. ANNOUNCEMENTS 10. ADJOURN NOTICE: The proceedings of the Board of Adjustment are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at a meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time as may be necessary to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TDD 772-462-1428 at least forty-eight (48) hours prior to the meeting. Any questions about this agenda may be referred to the St. Lucie County Board of Adjustment at 772-462-2822. 31u,iii Page 3 of 107 BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA Regular Meeting August 25, 2021 Convened: 9:32 AM Adjourned: 10:01 AM 1. CALL TO ORDER The meeting was called to order at 9:32 AM by Chairman Lowe. 2. PLEDGE OF ALLEGIANCE Pledge of Allegiance Led by Chairman Lowe. Invocation Led by Mr. Mencer 3. ROLL CALL Board Secretary did the Roll Call Board Member Kevin Griffin, Board Member Stewart Mencer, Chair Bob Lowe Excused Board Member Alexander Tommie, Vice -Chair Derek Foxx 4. APPROVAL OF MINUTES A. Approval of the July 28, 2021 Board of Adjustment Meeting Minutes RESULT: APPROVE MOVER: Board Member Kevin Griffin SECONDER: Board Member Stewart Mencer AYES: Chair Bob Lowe, Stewart Mencer, Kevin Griffin NAYS: None EXCUSED: None S. SWEAR IN STAFF MEMBERS Board Secretary Swore -In SLC Staff as follows: Tahir Curry Kori Benton Page 4 of 107 Board of Adjustment Wednesday, August 25, 2021 9:30 AM Linda Pendarvis Doug Harvey 6. PUBLIC COMMENTS None. 7. AGENDA ITEMS A. Wynne Variance (Quasi -Judicial Item -Board Disclosures) 1. Staff Presentation 2. Board Discussion 3. Applicant Sworn -In Presentation 4. Board Discussion S. Public Comment 6. Board Discussion/Decision STAFF PRESENTATION: Tahir Curry, Associate Planner, SLC made a presentation. Petition of James & Jamie Wynne, for a variance from the provisions of St. Lucie County Land Development Code Section 7.04.01 Lot Size and Dimensional Requirements, within the RS-4 (Residential, Single-Family-4 du/ac) Zoning District, to permit a pool to encroach 2.5 feet into the required 15-foot rear yard setback, providing a total rear setback of 12.5 feet from the rear property line. He went over Public Notice, Aerial, Zoning District, Survey, and Mail Notice Response.The variance sought does not arise from conditions that are unique and peculiar to the property. The variance does not qualify as a hardship as defined in the St. Lucie County Land Development Code. Staff has reviewed this petition and determined 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. Staff is recommending denial of the requested variance. BOARD DISCUSSION: Chair Lowe inquired about responses in favor. Mr. Curry responded that there were three responses in favor, including one received today by his neighbor Ken Walker, 138 Parliament Circle. Mr. Griffin inquired about inspection of the site. Mrs. Pendarvis responded that no staff members had been to the site. APPLICANT PRESENTATION: James (Bud) and Jaime Wynne, 17 Majestic Way. Stated that the engineer revealed to them that the pool would be encroaching on the setbacks. Others in the neighborhood have had this variance as well and it has not been an issue. BOARD DISCUSSION: Mr. Griffin inquired if they planned on including a screened enclosure as they would have to return to the board to add it. Chair Lowe also recommended it. The 2 1 P, : Page 5 of 107 Board of Adjustment Wednesday, August 25, 2021 9:30 AM applicant does not plan on doing that at this time. Chair Lowe inquired about the location of the septic tank and the applicant responded that it is in the front yard. Mr. Mencer inquired about staff recommendation for denial. Ms. Pendarivis responded that, as per the strict interpretation of the Land Development Code, it is not a true hardship. Mr Mencer also inquired about the reason for the location of the pool and slab. The applicant responded that the contractor stated there was no other location that would work. PUBLIC COMMENT: None BOARD MOTION: 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 James & Jamie Wynne, 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 a pool to encroach 2.5 feet into the required minimum 15-foot rear yard setback, providing a 12.5 foot rear yard setback, within the RS-4 (residential, single-family-4 du/ac) zoning district, because the applicant is stuck on the seawall and there isn't a lot of room for them to move the pool and no opposition from the neighbors. RESULT: APPROVE MOVER: Board Member Stewart Mencer SECONDER: Board Member Kevin Griffin AYES: Bob Lowe, Stewart Mencer, Kevin Griffin NAYS: None EXCUSED: None 8. OTHER BUSINESS A. Board members request to record video of BOA Meetings. Ms. Pendarvis stated that the Director would provide for the County Administrator and would be presenting it in a meeting with the Administration in the second week of September to present dua BOCC informal meeting. 9. ANNOUNCEMENTS 10. ADJOURN Meeting Adjourned at 10:01 am 3 1 P, I Page 6 of 107 Board of Adjustment Wednesday, August 25, 2021 9:30 AM RESULT: APPROVE MOVER: Board Member Stewart Mencer SECONDER: Board Member Kevin Griffin AYES: Chair Bob Lowe, Stewart Mencer, Kevin Griffin NAYS: None EXCUSED: None 4 1 P, I Page 7 of 107 AGENDA REQUEST TO: Board of Adjustment PRESENTED BY: Bethany Grubbs, Planner SUBMITTED BY: Planning & Development Services SUBJECT: Crandall Setback 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: ITEM NO. (ID # 2021-52402) DATE: 9/22/2021 RES NO: BOA-2021-012 The request of Roger Crandall for a Variance from the minimum building setback requirements in the Harbour Ridge, Royal Fern Village Planned Unit Development (PUD). If approved, the Variance will allow a patio deck and screen enclosure to encroach into the required 20-foot rear yard setback by no more than 3.38-feet, providing a 16.62-foot rear yard setback. PREVIOUS ACTION: N/A RECOMMENDATION: The proposed Variance arises from conditions that are not unique and do not qualify as a hardship as defined in the St. Lucie County Land Development Code. The Variance 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 is therefore recommending denial of the requested Variance. COMMISSION ACTION: RESULT: Page 8 of 107 khCOATII:1F SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures 410/X blw� Date: September 17 2021 p , Linda Pendarvis, Planning Manager Date: September 17, 2021 Benjamin Balcer, Planning & Development Services Assistant Director Date: September 17, 2021 Caroline Valentin, Assistant County Attorney Page 9 of 107 air')i d eVellll o IIp iiir ri�i e iiri����� S t o!' IIr° V III i A i" "'s III) "'III°�,�� m i III III"III'°"'11V ii°°III III ��" III a ui �i ui iu iu ii �)g III ! uiV ui n s iu:: 111'°1u RA III N11 0 IIIw,ll III 1 I�J IINA TO: Board of Adjustment THROUGH: Benjamin Balcer, AICP, Assistant Director Kori Benton, AICP, Assistant Planning Manager FROM: Bethany Grubbs, Planner DATE: September 15, 2021 SUBJECT: Roger Crandall's request for a Variance from the minimum building setback requirements in the Harbour Ridge, Royal Fern Village PUD (Planned Unit Development) ITEM NO.: 2021-52402 AGENDA TA. NO.. GENERAL INFORMATION: PROPERTY OWNER: LOCATION: PARCEL: PARCEL SIZE: FUTURE LAND USE: ZONING DISTRICT: Roger Crandall 2006 NW Royal Fern Ct. Palm City, FL 34990 2006 NW Royal Fern Ct. Palm City, FL 34990 4425-605-0017-000-6 0.37-acres RE (Residential, Estate) PUD (Planned Unit Development) PURPOSE: The purpose of this Variance is to allow a patio deck and screen enclosure to encroach into the required 20-foot rear yard setback by no more than 3.38-feet, providing a 16.62-foot rear yard setback. EXISTING USE: Single -Family Residence UTILITIES: Private Sewer Treatment Facility Private Water Treatment Facility ROADWAY IMPROVEMENTS: None Page 10 of 107 Board of Adjustment Crandall Variance (BA-6202126081) SURROUNDING ZONING: To the north: PUD (Planned Unit Development) To the south: PUD (Planned Unit Development) To the east: PUD (Planned Unit Development) To the west: PUD (Planned Unit Development) BACKGROUND: The subject property is located within the Harbour Ridge, Royal Fern Village (also known as Plat No. 6) Subdivision, at 2006 NW Royal Fern Court, which was platted in 1986 (OR Book 25 Page 40-40E). The property is zoned PUD (Planned Unit Development), and has a RE (Residential, Estate) Future Use Designation. The parcel contains a 3,051 square -foot single family home constructed in 1987 and a pool with a screen enclosure. The petitioner, Roger Crandall is requesting a Variance from the minimum building setback requirements as noted in the Harbour Ridge, Royal Fern Village PUD (Planned Unit Development) Site Plan for a patio deck and screen enclosure to encroach into the required 20-foot minimum rear yard setback. The applicant is proposing to reconfigure the existing screened pool enclosure to encompass the proposed patio deck expansion. The applicant's project narrative requests a 5-foot encroachment; however, established by the certified survey prepared by Jim Cesiro, PSM, the project improvements denote an encroachment of 3.38- feet, providing for a 16.62-foot rear yard setback. Accordingly, staff s review is founded on the measurements denoted on the certified survey. The following table provides the minimum dimensional requirements for structures in the Harbour Ridge, Royal Fern Village PUD Zoning District along with existing site conditions. Harbour Ridge, Royal Fern Village Minimum Dimensional Requirements Tye Required Proposed Minimum Front Yard Setback 25 feet 28.89 feet(existing) Minimum Rear Yard Setback 20 feet 16.62 feet (proposed) Minimum Side Yard (Between Units) 30 feet (15' for each unit) 16.53 feet (existing - right) 2 1. 10 feet (existing - left) Exhibit 1: Boundary Survey 1m.0 Cfac 1, M BRNG'blrt o,k M6111f, Vox 0�!l oW fit. Hy'.tt Ole Ctle Pod ef @+.O l !0 Board of Adjustment Crandall Variance (BA-6202126081) ENVIRONMENTAL REVIEW: Background: The Environmental Resources Department (ERD) is in receipt of the June 28th, 2021, date -stamped submittal from Planning and Development Services (PDS). The applicant is seeking approval of a Variance to allow for the expansion of the pool patio area and associated screen enclosure to lie approximately 15-ft off the rear property line. The project is located at 2006 NW Royal Fern Court, and currently consists of one (1) single family residence on a 0.37-acre lot (Parcel ID 4425-605-0017-000-6) zoned Planned Unit Development (PUD). Findings: The proposed Variance is not anticipated to result in any adverse environmental impacts as the lot is already developed and the proposed expansion is modest in size. Recommendation: ERD has no objection to the approval of the referenced Variance. 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: 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 submitted survey reflects the owner's request for a proposed patio deck with an associated screen enclosure to encroach 3.38 feet into the rear setback, providing an overall setback of 16.62 feet. The Variance for the patio deck and screen enclosure does not arise from conditions that are unique and peculiar from the land and physical surroundings that would result in unnecessary hardship for the owner. The lot is not irregularly shaped and is similar in shape and size to the adjacent properties. It is the desire or actions of the property owner to expand the existing pool deck and screen enclosure to encompass an additional 5-feet by 49.77-feet surrounding the existing swimming pool. The St. Lucie County Land Development Code (LDC) and Florida Building Code do not require a minimum amount of deck space adjacent to a pool. There are no minimum setbacks for pool decks provided they are constructed at grade and are not located in any easement. There are no easements located along the rear of the subject property. Swimming pool setbacks are measured from the pool water's edge when an enclosure is not provided. The applicant can potentially construct the +i-249 sf pool deck expansion, at grade by removing the screen enclosure from the redesign, to meet the 20- foot rear yard setback requirement. Page 3 Page 12 of 107 Board of Adjustment Crandall Variance (BA-6202126081) It should be noted that the swimming pool is required to be secured by an enclosure or a minimum 4- foot-high fence for safety purposes as per LDC Section 8.00.05 — Swimming Pools. A fence in lieu of an enclosure is an option for the owner to construct the additional deck space adjacent to the rear property line. 2. The granting of the Variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The requested Variance is not anticipated to harm other property or improvements in the neighborhood, impair adequate supply of light or air to adjacent properties or streets, increase the danger of fire, or endanger public safety The Harbour Ridge Property Owners Association does not have any objection to the encroachment. The adjacent properties are of similar size and zoning, with existing single-family residences to the south, east, and west. The subject property backs up to a waterway on the community's golf course; therefore, the screen enclosure is not projecting toward any other residential property. The Variance requested is the minimum Variance that will make possible the reasonable use of the land, building, or structures. The Variance is for an accessory use/structure. The requested Variance is not the minimum needed to make possible the reasonable use of land and structures. It is the actions of the property owner to install these improvements in a manner that do not comply with the minimum rear setback requirements. Pool setbacks are measured from the pool water's edge when an enclosure is not provided. The applicant can still accomplish the requested patio expansion by omitting the screen enclosure. 4. The Variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The requested variance is not consistent with the intent of the St. Lucie County Land Development Code. The intent of the Variance provisions is to provide a mechanism when, owing to special conditions, the literal enforcement would impose an unnecessary hardship that can be mitigated without conferring on the applicant any special privilege. The Variance sought arises from a condition that is not unique and peculiar to the property involved. RECOMMENDATION: The Variance sought does not arise from conditions that are unique and peculiar to the property. The Variance does not qualify as a hardship as defined in the St. Lucie County Land Development Code. Staff has reviewed this petition and determined 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. Staff is therefore recommending denial of the requested Variance. Page 4 Page 13 of 107 Board of Adjustment Crandall Variance (BA-6202126081) 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 ROGER CRANDALL FOR A VARIANCE FROM THE MINIMUM BUILDING SETBACK REQUIREMENTS IN THE HARBOUR RIDGE, ROYAL FERN VILLAGE PUD TO ALLOW A PATIO DECK AND SCREEN ENCLOSURE TO ENCROACH INTO THE REQUIRED 20-FOOT REAR YARD SETBACK BY NO MORE THAN 3.38- FEET, PROVIDING A 16.62-FOOT REAR YARD SETBACK, 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 ROGER CRANDALL FOR A VARIANCE FROM THE MINIMUM BUILDING SETBACK REQUIREMENTS IN THE HARBOUR RIDGE, ROYAL FERN VILLAGE PUD TO ALLOW A PATIO DECK AND SCREEN ENCLOSURE TO ENCROACH INTO THE REQUIRED 20-FOOT REAR YARD SETBACK BY NO MORE THAN 3.38- FEET, PROVIDING A 16.62-FOOT REAR YARD SETBACK, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC). Page 5 Page 14 of 107 1�4 [(��(��� �1 ST. LUCIE COUNTY •ti Planning & Development Services Department Submission email: Planning Division planningapplication@stlucieco.org 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 stlucieco.gov/planningdivision DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Type (check each that appliesl Site Plan Rezoning s ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment 4 ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment E) Minor Adjustment to Minor Site Plan Other ❑ Minor Adjustment to PUD/PNRD/PMUD ❑ Administrative Relief Planned Development ❑ Class A Mobile Home 6 ❑ Planned Town or Village (PTV) ❑ Developer Agreement (Submit per LDC ❑ Planned Country Subdivision (PCS) 11.08.03) ❑ Planned Retail Workplace (PRW) ❑ Power Generation Plants ❑ Prelim. Planned Unit Develop. (PUD) ❑ Extension to Development Order ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Historical Designation/Change 6 ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Land Development Code Text Amendment' ❑ Final Planned Unit Develop. (PUD) ❑ Plat ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Post Development Order Change ❑ Final Planned Non -Res. Develop. (PNRD) ❑ Re -Submittal # 8 Conditional Use' ❑ Shoreline Variance ❑ Conditional Use ❑ Stewardships — Sending/Receiving ❑ Major Adjustment to a Conditional Use ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Minor Adjustment to a Conditional Use ❑ Transfer of Development Rights Variance 2 ❑ Waiver to LDC/Comp. Plan Requirements 9 ❑ Administrative Variance ❑ Appeal of Decision by Administrative Official10 ® Variance ❑ Eminent Domain Waiver" ❑ Variance to Coastal Setback Line Application Supplement Packages 1. Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2. Variance 7. LDC Text Amendment Administrative Official 3. Rezoning / Zoning Atlas Amend. 8. Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan 5. Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Additional fees will be due if a 3rd party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3rd party. -Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". -Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval. Page 1 of 5 Revised January 2021 Page 15 of 107 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. 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 approv I. The property owner's signature below shall also serve as authorization for the above applicant or agent to t n behalf of said property owner. Roger Crandall Property Owner Signature ( Property Owner Name (Printed) Mailing Address:�� �� - e W Phone: If more than one owner, please submit additional w, ° pages STATE OF G'6 ' COUNTY OF The foregoing instrument was acknowledged before me this d n d day of 20 1 by C3 67 �.0 !s 1 ". �rf>_ 1 who is personally known to me or who has produced as identification. Signature of Notary Commission Number (Seal) Page 2 of 5 Revised January 2021 Type or Print Name of Notary � ;. � ,� � �r� ;-. �«•:��; .era Page 16 of 107 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: Ix-1 Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) 0 Aerial Photograph — property outlined (available from Property Appraiser's office Q Property Deed 0 Legal description, in MS Word format, of subject property ® Property Tax Map — property outlined (electronic copy not required) ® Survey (24x36) ❑ 2 USB's of all documents submitted (in lieu of email submission to planningapplicationpstlucieco.org - El with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ❑ Site Plan 24"x36" at a scale of V=50' (5 copies- folded, not rolled) ❑ Boundary Survey (24x36) — Signed and Sealed (5 originals) ❑ Topographic Survey (24x36) — Signed and Sealed (5 originals) ❑ Landscape Plan — Signed and Sealed (5 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 USBs (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 5 Revised January 2021 Page 17 of 107 Project Name Project Information Crandall - Setback Variance Site address: 2006 NW Royal Fern Court, Port St. Lucie, Florida Parcel ID Number(s): -0-001-000- Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on USB) Unit 3, Tract VA-3, ROYAL FERN VILLAGE, HARBOUR RIDGE PLAT NO. 6, according to the Plat thereof, recorded in Plat Book 25, Page 40, of the Public Records of St. Lucie County, Florida. Property location — Section/Township/Range: 26/37S/40E Property size — acres: 0.37 Square footage: 16,028.74 Future Land Use Designation: Zoning District: Planned Unit Development Description of project: (Attach additional sheets if necessary) The Applicant is requesting a five (5) foot setback variance in order to accommodate a larger patio area to allow for additional for access and use of that area. Similar variances and approvals have been granted to other property owners within the development. The Harbor Ridge homeowner's association has approved the request. Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing Proposed:. ❑ Industrial Total Square Footage: Existing Proposed:, Residential No. of residential units: Proposed:, Existing Proposed:; No. of subdivided lots: Existing Other Please specify: Number and size of out parcels (if applicable): Page 4 of 5 Revised January 2021 Page 18 of 107 Re uired 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 USB Aerial Photograph PDF Aerial. df Application PDF Application.pdf Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchElev.pdf Boundary / Topographic Survey PDF BoundaryTopo.pdf Drainage / Stormwater Plan PDF DrainagePln.pdf Easements PDF Easements. df Environmental Impact Report PDF or Word EIR.pdf or EIR.doc Existing Condition Plan PDF ExistingCond. df Flood Plain PDF or Word Flood. df or Flood. Doc Landscape Plan PDF Landsca e. df Legal Description Word Le al.doc Lighting Plan PDF Lighting.pdf Mitigation Plan PDF Miti ation. df Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Paving Plan PDF Paving.pdf Permit External PDF Permit. df Plat PDF Plat.pdf 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 Utiliity.pdf Vegetation Removal Application PDF Ve etation. df Page 5 of 5 Revised January 2021 Page 19 of 107 Supplement 2 Variance Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details I (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) The Applicant is requesting a five-foot (5) setback variance to the rear setback requirement under the Harbour Ridge Planned Unit Development ("PUD") in order to permit the expansion of the pool deck. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: The purpose of the variance is to allow for the expansion of a portion of a patio area at the rear of the existing swimming pool. As presently constructed, there is no room in this portion of the patio to walk or otherwise safely transverse the area. By granting the requested variance this portion of the patio can be enjoyed by the Applicant, as well as his guests and invitees, and multiple, young grandchildren visiting the property. A photo of the rear patio is included with this application. State the specific hardship imposed on the owner by the LDC? The PUD restricts the full enjoyment of the property and limits the rear setback in such a manner that prohibits the ability to construct a usable patio area around the entire pool. Because the existing residence was constructed prior to the Applicant's ownership, the PUD setback requirements restrict his ability to expand the patio as requested herein. The PUD rear setback requirements are greater than those that would be found in the standard St. Lucie County zoning district for comparable properties. By granting the variance the rear patio area can be expanded to allow for the safe use of that portion of the patio. 4 State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. This hardship was not due to the actions of the Applicant. The existing residence was constructed in or about 1987. The Applicant acquired the property in 2011. Due to the location and configuration of the dwelling unit and existing pool and patio area, there is no room within the setbacks to the use of the patio area behind the pool, creating a potential safety issue. Page 20 of 107 Supplement 2 The subject property is approximately 16,028 square feet in size, which size would be comparable to residential lots in the RS-2 (Residential Single- Family— 2) zoning district (requiring minimum lot size of 15,000 square feet). The rear setback for the RS-2 zoning district is 15 feet. If the subject property had a 15-foot rear setback, the requested variance would not be necessary. Similarly situated properties in the RS-2 zoning district do not suffer the same hardship as the Applicant or the subject property. The Applicant's parents currently occupy the property and the desire to obtain the variance and expand the rear portion of the patio is in order to enjoy the full patio and also for the safety of the occupants, invitees and other users of the property and pool area, including multiple, young grandchildren. State reasons why this variance will not be injurious to other property and/or 5' improvements in the neighborhood in which the subject property is located. No other property or improvements in the neighborhood will be injured or otherwise affected by the granting of the variance. The requested variance is a minimal variance necessary to permit the expansion of an existing patio area. Similar variance requests have been granted to other property owners within the Harbour Ridge PUD development. Copies of some of the prior Board of Adjustments variances granted to other properties within the Harbour Ridge PUD development are enclosed with this application. The Harbour Ridge homeowners' association has reviewed and approved the Applicant's request. A copy of that approval is included with this application. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. The requested variance will not increase traffic or the danger of fire as it will not affect the existing dwelling unit or occupancy therein. The proposed variance would not impair property values in the neighborhood in which the subject property is located. To the contrary, the proposed variance would be anticipated to actually increase the property values in the neighborhood. The variance requested is similar to other variances granted to properties within the Harbour Ridge PUD. Granting the requested variance would be consistent with those prior approvals, it would enhance the subject property and, as a result, likely increase values of surrounding properties within the development. Page 21 of 107 Supplement 2 State why this variance is the minimum variance that will make possible a �' reasonable use of the land, building and structures. The requested variance is the minimum variance necessary in order to safely enjoy the use of the rear portion of the patio behind the pool. The five-foot (5) variance would allow that portion of the patio to be expanded in order to allow for this area to be safely walked on and used by the Applicant, his parents, as well as other guests, including young grandchildren visiting the property. Explain how this proposed variance is consistent with the general spirit of the LDC $' and the St. Lucie County Comprehensive Plan. The requested variance is consistent with the general spirit of the LDC and the St, Lucie County Comprehensive Plan in that it allows for the use of the subject property, without negatively impacted adjacent properties or the neighborhood and development as a whole. Reducing the rear setback by five feet (5) as requested herein would permit the full enjoyment of the residential dwelling unit and accessory improvements existing on the subject property. As previously mentioned, similar variances have been granted by the Board of Adjustments for other properties in the Harbour Ridge PUD development. Is this variance request located within a Homeowners or Property Owners 9. Association? YES x NO 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 SEE LETTER ENCLOSED. 10 Name of Association Harbor Ridge Homeowners' Association, Inc. 11 Is there a letter from that association attached? YES X NO Page 22 of 107 KNOW ALL MEN BY THESE PRESENTS, that I, Roger Crandall, do by these presents hereby make, constitute and appoint Tyson Waters, Esquire, and Fox McCluskey Bush Robison, PLLC, as our attorneys -in -fact to represent us and to execute, acknowledge, and deliver in our names applications, documents and instruments, as our attorneys -in -fact may deem proper, as well as represent us at any hearings and meetings, that may be required to obtain a variance from the St. Lucie County Land Development Regulations, and other laws, rules and regulations, as may be applicable, for the following described real property: Unit 3, 'Tract VA-3, ROYAL FERN VILLAGE, HARBOUR DGE PLAT O.6, according to the Plat thereof, recorded in Plat Book 25, Page 40, of the Public Records of St. Lucie County, Florida. IN WITNESS WHEREOF, we have set our hands and seal this,2ji4 day of 2021. Signed, Sealed and delivered In the presen off: l-i p Print Name: /l Witness f a P nt Nar#ail Witness STATE OF COUNTY OF o Print Name: Roger Crandall The foregoing instrument was acknowledged before me by means of M physical presence or [ ] online notarization, this jo day of �fUkw� , 2021, by Roger Crandall, who is personally known to me or has produced as identification. Signature of otary Public Print, type or stamp commissioned Name of Notary Public C; r k-y t4tit i Htl �e r My Commission expires: Page 23 of 107 JOSEPH E. SMITH. CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 3658331 OR BOOK 3349 PAGE 584, Recorded 12/20/2011 at 04:25 PM Doc Tax: $2544.50 Laurie Rusk Sewell, Esq. Laurie Rusk Sewell, P.A. 2215 SW Martin Highway Palm City, FL 34"0 772-223-0106 File Number: 2168.001 Will Call No.: Parcel Identification No. 412S-605-0017-600.6 SpnceAbove 'ihis Line ForR=rding i7am Warranty Deed (STAnMIZ'Y r ORht - SECnON 689M. F.S.) This Indenture made this 16th day of Dezember, 2011 between Claire L Johnstone, an unremarried widow whose post office address is 467 Carter Street, New Canaan, CT 06840 of the County of Fairrield, State of Connecticut, grantor*, and Roger Crandall, a single man whose post office address is 1295 State Street, Springfield, MA 01111 of the County of Flatapden, State of Massachusetts, grantee*, Witnesseth, that said grantor, for and in consideration of the sutra of Till AND NollaD DoLLAR5 (SIo.00) and other good and valuable considerations to said grantor in hand paid by said V=tee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, tying and being in Saint Lucie County, Florida, to -wit - Unit 3, Tract VA-3, ROYAL FERN VILLAGE, HAMBOUR R] GE PLAT NO. 6, according to the plat thereof, as recorded in Plat Book 25, pages 40, Public Records of St. Lucie County, Florida. Subject to taxes for 2012 and subsequent years; covenants, tauditions, restrictions, easements, reservations and limitatiosls of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. • 'GrAntpY and "Grants' arc Used for singuisr or piur*L as Wntect regeires. In Witness Whereof, grantor has hand and seal the day and year first above written. Signed, staled and delivered in our presence: Witness Name: Clay ,AAI> 6 � cf`FfrG c it i iJ.YIiIlP�lt � Witness 7e State of Co ecticut r `� Coiatty af= FC1i 1-6&L s , Claire 17ohnstane The foregoing insttusneut was acknowledged before me ttiis day of December, 2011 by Claire L. Johnstone, who [ j is personally known or Pq has produced a driver's license as ' eu ' cation. '[No .j,S - „ No Pu s j Printed Name: s{7- +4'► � f - .r•y COn1rIIiSSIOII Expires: ID �D WCY S. HYNES �. NOTARYPUBLIC MY COMMISSION EXPIRES APRIL 30, 2015 r ` TLer.hf.Tin..� LEGAL DESCRIPTION Unit 3, Tract VA-3, ROYAL FERN VILLAGE, HARBOUR RIDGE PLAT NO. 6, according to the Plat thereof, recorded in Plat Book 25, Page 40, of the Public Records of St. Lucie County, Florida. Page 25 of 107 1�� HARBOUR RIDGE PROPERTY OWNERS ASSOCIATION May 17, 2021 Mr. Roger Crandall 2006 NW Royal Fern Court Palm City, FL 34990 Mr. Crandall, On May 17, 2021, the Harbour Ridge Property Owners Board of Directors, at a properly noticed meeting and in the presence of a quorum, unanimously agreed to your request to allow you to apply for a Saint Lucie County rear setback variance due to the inability of wheelchair access around your swimming pool. Please be reminded that no construction may begin until the variance is recorded into the official records of Saint Lucie County. Please provide Russ Reed a copy of the recorded variance so he may enter it into our records. Sincerely, F. Andrew Turley, President Board of Directors Page 26 of 107 DocuSign Envelope ID: 87742585-8B25-4C68-8402-A5A06E9437C0 LEGAL DESCRIPTION: Unit 3 Tract VA-3 ROYAL FERN VILLAGE HARBOUR RIDGE PLAT NO. SIX according to the plat thereof as recorded in Plat Book 25 pages 40, 40A through 40E of the Public Records of Martin County, Florida. , ABBREVIATIONS: (•)=Not verified by field measurement #=Value as plotted & field measured F.F.E.=Finished Floor Elevation SET = Set 5/8 iron rebor With VelloW cap marked "PSM 6643 =Value as measured in field OH--OH--OH—= Over Head Wires X--X--X—= Chain Link Fence FD=F and 6/8" Iron Rebor R.O.�j. = Right of Way 0--0--0—= Wood Fence �= FPL Transformer Pad PL=Value as plotted R = Radius of curve L = Length of curve 0 = Delta of Curve Site Benchmark EAS. = Measured S.F.=Square Foot CONC. = Concrete C,P,= Conc ete Pod ® = Water deter = PoWer Pole = Bell South O R S.O A'o��h 9p. ? `S 1 44?? SURVEYORS NOTES: 1. Unless otherWTse noted only platted easements are shown hereon. 2. No underground utilities or improvements Were located unless otherwise shown, 3. This site lies Within Flood Insurance Rote Map Firm Panel X Mop#12111CO4061< Doted 2-19-20 4. Flood Zone shown hereon is an interpretation by the surveyor and is provided as a courtesy. The flood zone should be verified by a determination agency. 5. Bearings shown hereon are based on the East line of Unit 3 Tract VA-3 as being N 33'22'20" according to the Plat described hereon. 6. P.U.D.E. denotes Public Utilities and Drainage Easement, 7. All Lot dimensions shown are per plat unless otherwise shown. \6lbi; 40 PO �89 OP°' O r OQO i / LAST FIELD DATE:6/22/15 cn 0 m D r r m r m D O z is m r m D z co HOUSE r D z m 35'-2" CONCRETE m O �n z n z m m O D O v r, v D =i z 0 0 z M D O 5'-3" COVERED PORCH W r O r Z O r � N � ca N O N M (ll Q CL g (6 A O LL V � .i NW Harbour Ridge Blvd i 00 Id Q V N O N N?o y� Y� �J O U 0 a U) Q) aD Q _0 O O U °J 0 � o � O �- a N � v cn a 0 4- CY) LJL ca 4 67 _0 (3) m LU CL O CD 00 NW Harbour Ridge Blvd > 00O CD a) CD U- a) U N T-- CN 0 C14 0 0 00 CD U =3 LU ra Ui `0 0 4-J U 0- (3) C: (3) Z) 0 -0 —j U— U 0 H Ld C =3 Lf) ry Al."Gelloo -Aeq;OOMS-MN. z SE -Amore -St to 00 I -Al as cn IS-&Wled-gS ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA Wednesday, September 22, 2021 NOTICE OF PROPOSED VARIANCE REQUEST Notice is hereby given in ac- cordance with Section 11.00.03 of the St. Lucie Coun- anLand Development Code d provisions of the St. Lucie County Comprehensive Plan that the following applicant has requested that the St. Lu- cie County Board of Adjust- ment consider the following request: PURPOSE: The request of Rog- er. Crandall for a Variance from the minimum building setback requirements in the Harbour Ridge, Royal Fern Village Planned Unit Develop- ment (PUD). If approved, the Variance will allow a patio deck and screen enclosure to encroach into the required 20- foot rear yard setback by no Tore than 3.38-feet, provid- ing a 16.62-foot rear yard set- back. FILE NUMBER: BA-6202126081 LOCATION: 2006 NW Royal Fern Ct., Palm City, FL 34990 PARCEL I.D.: 4425-605-0017- 000-6 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 Sep- tember 22, 2021, beginning at 9:30 a.m. or as soon there- after as possible. All interested persons will be ggiven an opportunity to be heard. Written comments re- ceived in advance of the pub- lic hearing will also be consid- ered. Written comments to the Board of Adjustment should be received by the Planning and Development Services Department Planning Division by noon prior to the scheduled hearing. The peti- tion file is available for review at the Planning and Develop- ment Services Department - Planning offices located at 2300 Virginia Avenue, Fort Pierce, Florida during regular business hours. Please call (772) 462-2822 or TDD (772) 462-1428 if you have any questions or require addition- al information about this peti- tion. The St. Lucie County Board of Adjustment has the power to authorize Variances from the dimensional requirements of the St. Lucie County Land De- velopment ;,Code, in accord- ance with the Provisions of Sectlon,M01.00, of the St. Lu- cie County Land Development Code: The proceedings of the Board Of Adjustment are electroni- cally recorded. PURSUANT TO SECTION 286.010.5 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 rBrnr,4 of tho �.....ne.l:...... COMPLIANCE WITH POSTING VFNOTICE REQUIREMENTS ' SIGN AFFIDAVIT Tyson Waters, being first duly sworn deposes and states: I. | ono the owner or the agent for the project known as for the following petition: File No. Z. | hereby certify that | have complied with the notice requirements set forth in Section 11.00.O3.Eofthe St. Lucie County Land Development Code for the September 22, 2021 public hearing to be conducted by the Board of Adjustment onthe above -referenced petition. The required sign was printed and posted tothe specifications listed onthe Sign Content and Sign Requirements forms provided bythe St Lucie County Planning and Development Services - Planning Division on September 8, 2021. The following required documentation isattached: A. Dated Photo submitted electronically (Close up) 09/10/2021 B. Dated Photo submitted electronically (Distant) 09/10/2021 FURTHER AFF|ANT5AYETHNOT. STATE C)FFLORIDA COUNTY OFMARTIN The foregoing instrument was acknowledged before me this 8th day ofSeptember, 2021, by means of physical presence by Tyson Waters, who is personally known to me. iz� Notary Public,'State of FlAda 1392 EXPIRES: Decemb 1: 22 � �' AW, ST N 00CWE Page 35 of 107 36 of 107 Page 37 of 107 Page 38 of 107 Alperin, Mark R 45 Marion ST Apt 413 Brookline, MA 02446 Public Hearing Date: Wednesday, September 22, 2021 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL. 34982 Meeting Time: 9:30 AM (or soon thereafter) Applicant/Property Owner Roger Crandall 2006 NW Royal Fern Ct. Palm City, FL 34990 Agent Tyson Waters, Esq. Fox McCloskey Bush Robinson 3461 SE Willoughby Blvd. Stuart, FL 34994 Proiect Location 2006 NW Royal Fern Ct. Palm City, FL 34990 Parcel ID: 4425-605-0017-000-6 Future Land Use RE (Residential, Estate) Zoning District PUD (Planned Unit Development) �.. c.endeu- Betback Variance .. BA-6202126081 �Y4 / ..... Location .......... Public Hearing Notice Notice of Proposed Variance Request Crandall -Setback Variance Aeriat BA-6202126081 yF �� i You are receiving this notice because you are a property owner within 500 feet of the proposed petition. Proiect Description The request of Roger Crandall for a Variance from the minimum building setback requirements in the Harbour Ridge, Royal Fern Village Planned Unit Development (PUD). If approved, the Variance will allow a patio deck and screen enclosure to encroach into the required 20-foot rear yard setback by no more than 3.38-feet, providing a 16.62-foot rear yard setback. The St. Lucie County Board of Adjust- ment (BOA) has the power to authorize variances from the dimensional require- ments in accordance with the provisions of Section 10.01.00, of the St. Lucie County Land Development Code. St. Lucie County policy strongly encour- ages public input and comments at the public hearing. You may contact Betha- ny Grubbs, Project Manager, via phone or email with inquiries relating to the proposal. Public comment for the upcoming meet- ing can be submitted several ways: Email: Gii iii flblbs513¢ ;�illggu e l::org or Email: II K p fill lli�,� imniim n u "itlllungg iry Written comments to the Board of Adjustment should be received by the Planning and Development Ser- vices Department Planning Division by noon prior to the scheduled hear- ing. Anyone with a disability requiring accommodations to attend this meeting may contact the SLC Com- munity Risk Manager at least 48 hours in advance at (772) 462-1546 or TDD (772) 462-1428 Further details are available in the Planning and Development Services Department — Planning Division please contact: Staff Bethany Grubbs Tel (772) 462-1687 Email GrubbsB@stlucieco.org Date Mailed September 10, 2021 Page 39 of 107 UICL PLANNING AND DEVELOPMENT SERVICES DEPARTMENT Planning Division Please Return This Form To: St. Lucie County Planning & Dev. Serv. Dept. - Planning Division ATTN: Bethany Grubbs, Project Manager 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email: GrubbsB(a-)-stlucieco.orp or Fax (772) 462-1581 PROPOSED REQUESTED VARIANCE: Petition of Roger Crandall for a Variance from the minimum building setback requirements in the Project Harbour Ridge, Royal Fern Village Planned Unit Development (PUD). Description: If approved, the Variance will allow a patio deck and screen enclosure to encroach into the required 20-foot rear yard setback by no more than 3.38-feet, providing a 16.62-foot rear yard setback. Project Location: 112006 NW Royal Fern Ct., Palm City, FL 34990 Current Zoning: 11 PUD (Planned Unit Development) 11 File No: 11 BA-6202126081 If you wish to comment, please check only one of the three following statements and return no later than Monday, September 20, 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, Bethany Grubbs, Project Manager at (772) 462-1687 if you have any questions. f",e v,,eiti 1 it lydh 8� 201 1 Page 40 of 107 442S6-051-000.6 Aperin MarkR Alperin Kathl—C 45 Marion ST Apt 413 Brookline FDA 02446 442S60b005""5 Beauchamp JR) Sha-S 2003 NW Leard Oak LN Pdm OR FL 34911 442'60S0020.D00.0 Chabot J Richard 93 The MDWS Enfidd CT 06082 442S60b001b 9 Chander 10 T S Ply— th RD Nervt square PA 19073 442'60SOD1""I' Cl—Al Roger PO Box 300 East Longmeatlow full 01026 442'60b0018-000.3 Daria Geoge W D.—Bonnie W 2008 NW Royal Fem Ct Pdm OR FL 34990 442'6OSOD1 S000.2 Deegan Raymond T Deegan Bonnie L 445 LakesM1ore P.-DR Ha vdl full 48843 442'60b002F000.2 FOrtle John P 2013 NW Royal Fem Ct Pdm OR FL 34911 442S60b0053-000.0 44256040903-000.2 Gaeta JR) Harbour Ridge Prop Owners Assn Theodore D 184 Harbor LN 12600 NW Harbour Ridge Blvd Massapequa Park NY 11]62-4008 Pdm Gify FL 34990 442S60b0019-000.0 Hartnett George F Hartnetl Marianna N 2010 NW Royal Fern Ct Pdm Gify FL 3499( 442S60b005]-D00.8 Hdmee WilliamK Hdmea BethL 2005 NW Laurel Oak In Pdm Ghy FL 34990 442S60b0021-000.] Kdlett Lad G Kellett Susan S 2014 NW R0ya1 Fem Ct Pdm G"hy FL 34990 442S60b0101-0114 44216010049-000.9 Laurd Oak Village Hm,—Assn Mackenzie Donald VV 12600 NW Harbour Ridge Blvtl 130 DUFFERIN RD Pdm OR FL 34990 OTTAWA ON KlM- 442160b0054000.] 442S60b0032000.7 M-Leish Miller Kenneth Thomas) —Leish Md1er Launa Virginial 375 BI-GAR 2001 NW R0yaI Fem GT Aurora ON 44212 Pdm Gify FL 34990 442SBObO02]-D00.B Nacd Stephen Neod COnceHa 2D11 NW ROyal Fem CT Pdm Ghy FL 349" 44256OSO050.D00.9 Nye JosephB Nye FJizabethW PO Box 1875 N—Lontlon NH 0325] 442560E-0052-000.3 0RAly(TR) PatrlolaM 2015NW Laurel Oak LN AmClfy FL 34990 442SBO5OD30.D00.3 Olson (TR) John H Olson (TR) Santlra L 2005 NW Royal Fern GT Pdm Clfy FL 34980 442S60SOOSSD00.4 Reetz Marlene 2D09 NW Laurel Oak L. Pdm Clfy FL 34111 442'60S0001-D26] Royd Fern Village ll--Assn PO Bar 2451 Sfuad FL 3495 442S60S0031-D00.0 Sages Douglas G Sages Mariltm J 2D03 NW Royal Fern GT Pdm OR FL 34990 442560E-0058-D00.1 Shearer Fretle-kI SM1eerer Karen E 2007 NW Laurel Oak LN P9m OR FL 34990 442560E-002&D00.6 Snitler (TR) Sharon S Snlder Jr ITR) James W 2—NW Royal Fern Ct Palm OR FL 34111 442560E-002B-D00.3 Steinberg (TR) Jeffrey Stelnbery (TR) Ruthl1 2007NW Raya1 Fern CT Palm OR FL 34990.8025 442560E-0022-D00.4 44256OSOOSB-D00.2 Wright Zanchl (TR) StuartG GII Wrlghr Zeno hi (TR) RitaM Judith Marl, G Md 2D16 NW Royal Fern CT 2001 NW Laurel Oak LN Palm OR FL 34980 Palm OR FL 34990 Maierrtds Page 41 of 107 I 4 I E- rn g -- < cr. z - o < -I PC z r, E-4 M 0 Ln W M W < r- E-4 > M O 4 r4 -,r Ocaz C% = 3: E- r- W W E- > -tr ELI U I C cn E-4 Ey "Cr Z U Z Z z Z 0 rn z '.4 0 r�nOW OTC rq z z 0 C) n to, L C4 — I 3: E4 z 0 0 U E-4 z . 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L4 W < .4J "1 E- Urj- _ z El 0 w ;�w Z: u u w r4 W E— r4 z ;r > > - z " I Czzw:7Cr.=43a: awa r-r Z C C7 D m C4 m -70 m k n D r m 0 0 -T L /_ Nir Y 0 J�D r=, 0 N t A cn 1 N N :q N N y 1 N @ 1 N w N W I is Q1 1 P N m w O z A O Ul w m N G) 1 (n A N I N ra 1 W cD m N IT b @ t 0 W I v m w N O N —1rmi7 "rat= it it 11 11 11 11 11 11 r m t= (V Ln ' ' rU U 11 II 11 .Dcc w rnnrn C�C" g n Li Z � -70 �s w Cr, w w:no C� f)� cs cn o utQ,w / rU? z ' cn 17% N , co L/ �Id -29E -,; RAb. 1.....- r I26.02 Q I :J� N rU CA Cn G+ c � r- a'....4! ,coTN3-45 if :i 11 w 1 O ►._. -� w v w� Ln w 0 � Lot on o� z 0 � m � .a Z a. O .J W W LU Z Z Q J a. r c%j LL i �+ U >' L F— +n Z LL O O U z LLI O — � U O cn a Cil w 0 LJ z rn c0 Z CL a:a O U LL O "} CD 0 U) >'- a W LLJ m cn N J O < O cn m cn w w z U � Oz m w cz co T J BEN VIRONM]EN TRESOURCES FINAL REPORT' TO: Bethany Grubbs, Planning & Development Services THROUGH: Jennifer L. McGee, Environmental Regulations Manager Amy E. Griffin, Environmental Resources Director FROM: Brian J. Arbeiter, Environmental Planner DATE: July 1211, 2021 SUBJECT: Crandall -Setback Variance BA-6202126081 Background The Environmental Resources Department (ERD) is in receipt of the June 28th, 2021 date -stamped submittal from Planning and Development Services. The applicant is seeking approval of a variance to allow for the expansion of the pool patio area to lie approximately 15-ft off the rear property line. The project is located at 2006 NW Royal Fern Court, in Port St. Lucie and currently consists of one (1) single family residence on a 0.37-acre lot (Parcel 1D 4425-605-0017-000-6) zoned Planned Unit Development (PUD). Findin The proposed variance is not anticipated to result in any adverse environmental impacts as the lot is already developed and the proposed expansion is modest in size. Recommendation ERD has no objection to the approval of the referenced variance. Please contact Brian Arbeiter at 772-462-2866 if you have any questions. 111111111 �������lllllllllllllllltllllllic w t Page 61 of 107 AGENDA REQUEST TO: Board of Adjustment PRESENTED BY: Bethany Grubbs, Planner SUBMITTED BY: Planning & Development Services SUBJECT: McNeill Pool 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: ITEM NO. (ID # 2021-52403) DATE: 9/22/2021 RES NO: BOA-2021-013 The request of Dina McNeill 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 a swimming pool to encroach into the required 15-foot rear yard setback by no more than 5-feet, providing a 10-foot rear yard setback, within the RS-4 (Residential, Single-Family-4 du/ac) Zoning District PREVIOUS ACTION: N/A RECOMMENDATION: The proposed Variance arises from conditions that are not unique and do not qualify as a hardship as defined in the St. Lucie County Land Development Code. The Variance 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 is therefore recommending denial of the requested Variance. COMMISSION ACTION: RESULT: MOVER: Page 62 of 107 SECONDER: None AYES: None NAYS: None EXCUSED: None Coordination/Signatures 4m Ix /gi'x Linda Pendarvis, Planning Manager Benjamin Balcer, Planning & Development Services Assistant Director COAOL44JOA�' Caroline Valentin, Assistant County Attorney Date: September 17, 2021 Date: September 17, 2021 Date: September 17, 2021 Page 63 of 107 air')i d eVellll o IIp iiir ri�i e iiri� t S t o!' IIr° V III t A i" "'s III a ui �i ui iu iu ii �)g III ! uiV ui n s iu:: 111'°1u RA III V! 0 IIIw,ll III 1 I�J 1111A TO: Board of Adjustment THROUGH: Benjamin Balcer, AICP, Assistant Director Kori Benton, AICP, Assistant Planning Manager FROM: Bethany Grubbs, Planner DATE: September 16, 2021 SUBJECT: Dina McNeill's request for a Variance from the provisions of St. Lucie County Land Development Code Section 7.04.01 (Table 7-10) - Lot Size and Dimensional Requirements, within the RS-4 (Residential, Single-Family-4) Zoning District. ITEM NO.: 2021-52403 AGENDA NO.: 7.B. GENERAL INFORMATION: PROPERTY OWNER: LOCATION: PARCEL: PARCEL SIZE: Dina McNeill 131 Queen Catherina Ct. Fort Pierce, FL 34949 131 Queen Catherina Ct. Fort Pierce, FL 34949 1414-701-0141-000-6 0.30-acres FUTURE LAND USE: RU (Residential Urban — 5 du/ac) ZONING DISTRICT: RS-4 (Residential, Single -Family — 4 du/ac) PURPOSE: The purpose of this Variance is to allow a swimming pool to encroach into the required 15-foot rear yard setback by no more than 5-feet, providing a 10-foot rear yard setback. EXISTING USE: Single -Family Residence UTILITIES: Water, St. Lucie County Utilities (SLCU) Wastewater, private septic system ROADWAY IMPROVEMENTS: None Page 64 of 107 Board of Adjustment McNeill Pool Variance (BA-8202126112) SURROUNDING ZONING: To the north: Indian River Lagoon To the south: RS-4 (Residential, Single -Family - 4) To the east: RS-4 (Residential, Single -Family — 4) To the west: RS-4 (Residential, Single -Family — 4) BACKGROUND: The subject property is located in the Queens Cove Subdivision on North Hutchinson Island, at 131 Queen Catherina Court. The property abuts a canal along the northern property line with a hardened seawall or bulkhead. The property is zoned RS-4 (Residential, Single -Family — 4 du/ac), and has a RU (Residential, Urban) Future Use designation. The petitioner, Dina McNeill, is requesting a Variance to construct a pool up to 5-feet into the required 15-foot minimum rear yard setback, providing a total rear yard setback of 10-feet to the water's edge for the swimming pool. Exhibit 1: Boundary Survey The Queens Cove subdivision was platted in 1958 (Plat Book 11, Page 12). The subject 0.30-acre property is approximately 105' x 130' in size. The lot is conforming to the required minimum lot width of seventy-five (75) feet, the required minimum road frontage of thirty (30) feet, and the required minimum land area of 8,000 square feet, as required in the RS-4 (Residential, Single -Family — 4 du/ac) Zoning District. Page 2 Page 65 of 107 Board of Adjustment McNeill Pool Variance (BA-8202126112) Minimum Lot Size and Dimensional Requirements RS-4 (Residential, Single -Family — 4) Table 7-10 Lot Size and Dimensional Requirements Min Min Minimum Yard Min Lot Max Max Lot Front Rear Side Side Zoning District Size (sf) Lot Road Height Coverage Width Frontage Corner RS-4 Residential, 8,000 75ft 30ft 15ft* 15ft 7.5ft 20ft 3511 30% Single -Family —4 * In 1976 a variance was granted by the Board of Adjustment to allow a 15' front setback for Queens Cove Unit 1 ENVIRONMENTAL REVIEW: Background: The Environmental Resources Department (ERD) is in receipt of the August 3d, 2 02 1, date -stamped submittal from Planning and Development Services. The applicant is seeking approval of a variance to install an inground pool in the backyard approximately 10-ft from the rear lot line. The project is located at 131 Queen Catherina Ct. in Ft. Pierce and currently consists of one (1) single family residence on a 0.30-acre lot (Parcel ID 1414-701-0141-000-6) zoned Residential, Single Family - 4 (RS-4). Findings: The proposed pool is to lie approximately 13.5-ft from the seawall. The adjacent canal is manmade and therefore exempt from the riverine protection standards as outlined in Land Development Code 6.02.02.C. The proposed variance is not anticipated to result in any adverse environmental impacts as the parcel has already been impacted. Recommendation: ERD has no objection to the approval of the referenced Variance. 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 and do not result in an unnecessary hardship for the owner. It is the applicant's desire or action to integrate a pool that is inconsistent with setback provisions for this Zoning District. Page 3 Page 66 of 107 Board of Adjustment McNeill Pool Variance (BA-8202126112) Special conditions and circumstances do not exist that are peculiar to the parcel of land, building or structure, that are not applicable to other parcels of land, structures or buildings in the same zoning district, or the Queens Cove Subdivision. The lot is not irregularly shaped and is similar in shape and size to the surrounding properties. The granting of the Variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The requested Variance is not anticipated to harm other property or improvements in the neighborhood, impair adequate supply of light or air to adjacent properties or streets, increase the danger of fire, or endanger public safety. The subject property backs up to the Indian River Lagoon; therefore, the rear setback does not abut any other residential property. There have been similar Variance requests previously granted within the Queens Cove Subdivision and the homeowner's association does not object to the request. Pool setbacks are measured from the pool water's edge when the patio or deck is constructed at grade. With this petition, the proposed pool deck is to be constructed at grade. At this time, the applicant is not proposing a screen enclosure or other vertical fixture above the pool. The adjacent property to the east has an existing fence, and should this Variance be approved, the required fencing will be constructed, as per LDC Section 8.00.05(A). 3. The Variance requested is the minimum Variance that will make possible the reasonable use of the land, building, or structures. The requested Variance is not the minimum needed to make possible the reasonable use of land and structures. The subject parcel is rectangular shaped with no unique features. The property owner has the option to construct a smaller pool, or redesign in order to meet the required minimum setbacks. 4. The Variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The Variance desired is opposed to the general spirit and intent of the St. Lucie County Land Development Code (LDC). Section 7.04.01 of the St. Lucie County LDC establishes minimum building setbacks for structures with the purpose to preserve and improve visibility and uniformity, as well as the overall appearance to the neighborhood. RECOMMENDATION: The Variance sought does not arise from conditions that are unique and peculiar to the property. The Variance does not qualify as a hardship as defined in the St. Lucie County Land Development Code. Staff has reviewed this petition and determined 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. Staff is therefore recommending denial of the requested Variance. Page 4 Page 67 of 107 Board of Adjustment McNeill Pool Variance (BA-8202126112) 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 DINA MCNEILL FOR A VARIANCE FROM THE MINIMUM BUILDING SETBACK REQUIREMENTS TO ALLOW A SWIMMING POOL TO ENCROACH INTO THE REQUIRED 15 FOOT REAR YARD SETBACK BY NO MORE THAN 5 FEET, PROVIDING A 10 FOOT REAR YARD SETBACK., 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 DINA MCNEILL FOR A VARIANCE FROM THE MINIMUM BUILDING SETBACK REQUIREMENTS TO ALLOW A SWIMMING POOL TO ENCROACH INTO THE REQUIRED 15 FOOT REAR YARD SETBACK BY NO MORE THAN 5 FEET, PROVIDING A 10 FOOT REAR YARD SETBACK., BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC). Page 5 Page 68 of 107 ST. LUCIE COUNTY Planning & Development Services Department Submission email: Planning Division planningaPplicafion@soucieco.org 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 it1u_CLqcqo. q2v—/P-A Darwin DEVELOPMENT APPLICATION VA U G 03 u it .ft I A pre -application conference is recommended prior to main application u mi tia. 2021 Please contact the Planning Division to schedule an appointme Site Plan Submittal T4ye r -beck each that mlalies l 0 Major Site Plan 9� 0 Minor Site Plan [3 Rezoning (straight rezoning) 0 Major Adjustment to Major Site Plan 0 Rezoning (includes PUD/PNRD/PMUD)0 Rezoning with Plan Amendment 0 Major Adjustment to Minor Site Plan Comi3rehensive Plan Amendment 4 0 Major Adjustment to PUD/PNRD/PMUD 13 Future Land Use Map Change - 0 Minor Adjustment to Major Site Plan 0 Comprehensive Plan Text Amendment 0 Minor Adjustment to Minor Site Plan Qther 0 Minor Adjustment to PUD/PNRD/PMUD Planned Development 0 Administrative Relief "g El Planned Town or Village (PTV) E3 Class A Mobile Home 5 [I Planned Country Subdivision (PCS) 0 Developer Agreement (Submit per LDC 11 Planned Retail Workplace (PRW) 11.08-03) 11 Prelim. Planned Unit Develop. (PUD) [3 Power Generation Plants 0 Extension to Development Order 13 Prelim, Planned Mixed Use Develop. (PMUD) 0 Historical Designation/Change 6 0 Final Planned Unit Develop. (PUD) 0 Prelim. Planned Non -Res. Develop. (PNRD) [3 Land Development Code Text Amendment 7 11 Plat 0 Final Planned Mixed Use Develop. (PMUD) 0 Post Development Order Change 0 Final Planned Non -Res. Develop. (PNRD) 13 Re -Submittal # 8 Conditional Use'0 Shoreline Variance 0 Conditional Use 0 Stewardships —Sending/Receiving 0 Major Adjustment to a Conditional Use ❑ Telecom Tower (Submit per LDC 7.10.23) 0 Minor Adjustment to a Conditional Use Variance 2 D Transfer of Development Rights Administrative Variance 0 Waiver to LDC/Comp. Plan Requirements Variance 0 Appeal of Decision by Administrative Official" ❑ Variance to Coastal Setback Line 0 Eminent Domain Waiver" Application. Supplement Packages 1 - Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2. Variance 7. LDC Text Amendment Administrative Official 3. Rezoning / Zoning Atlas Amend. 8. Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan 5. Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Additional fees will be due if a 3rd Party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3rd party. -Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". -Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval. Page 1 of 5 Revised January 2021 Page 69 of 107 SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval All appropriate require must be met prior to this project being presented for approval to the appropriate - requirements authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer): Business Name: Name: Address: q (Please use an address that can accept overnight packages) Phone: Fax: Email: Agent Information: Business Name: Name: Address: (Please use an address that can accept overnight EM Please note: both applicant and agent will receive all official correspondence on this Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all 2ropertv owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. Property Owner Signature Mailing Address: �3 k W'evn .mtn-e-, ii Property Owner Name (Printed) Phone: 5) 9 - /) 6 3 If more than one owner, please �submit additional pages STATE OF COUNTY OF <: -17, L-u The foregoing instrument was acknowledged before me this 34 day ofAA-A�, 20_AA by (1 11 e� who has produced as identification. SigZ�tu�ree of N ry &evoyi— L I ype or Print Name of Notary ,Commission Number (Seal) Page 2 of 5 Revised January 2021 CMYL L WATERS WCOMMUOOM43 i I.0, MMEVM-J=M28.2Q26 Pdk t1hdod" Page 70 of 107 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: Nf Application, completed in black ink, with property owner signature(s) and notary seal (I original and 11 copies) M Aerial Photograph — property outlined (available from Property Appraiser's office Property Deed Legal description, in MS Word format, of subject property El Property Tax Map — property outlined (electronic copy not required) F1 Survey (24x36) ss m 'in lieu of email submission pLnnina n 2 USB's of all documents submitted cieco.2rg - El with files named according to the Required Naming List. (attached) El 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: 0 Site Plan 24"x36" at a scale of 1 "=501 (5 copies- folded, not rolled) Boundary Survey (24x36) — Signed and Sealed (5 originals) Topographic Survey (2436) — Signed and Sealed (6 originals) ❑ Landscape Plan — Signed and Sealed (5 originals) ❑ Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units o Development on N. or S. Hutchinson Island 0 Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if -(See LDC Section 11.02.09(5)) 0 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: n Letter of justification —submitted at least 2 weeks prior to expiration. (LDC 11-02.06) 0 Updated Traffic Analysis if applicable (4 copies) 0 Approved Resolution or GM Order Final Plats only require 2 USBs (follow specifications above) & 4 copie of the following: El Main Application and back up material El Approved Site Plan and copy of approved Development Order El 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 5 Revised January 2021 Page 71 of 107 Prol2ct Information Project Name: Pw\ Site address: L Parcel —ID—N u—m —be —r(s —): Legal Description- (Attach additional sheets if necessary — also must be provided in MS Word format on USB) Q�'kews Cove- i giv, 15 L-or 1+ (CAtclo-s S) Property location — Section/Township/Range: 14 1 :X'L+C, L4 1) F Property size — acres:-. 11 Square footage: to Future Land Use Designation: Zoning District: ° (OL'n�t Description of project: (Attach additional sheets if necessary) 'rnstcA�la�irjv% 0-� C�- pool, Type of construction (check all applicable boxes): El Commercial Total Square Footage: Existing 11 Industrial Total Square Footage: Existing V/Residential No. of residential units: Existing No. of subdivided lots: Existing Other Please specify: Number and size of out parcels (if applicable): Page 4 of 5 Revised January 2021 Proposed: Proposed: Proposed:—?n-0 Proposed: Page 72 of 107 * 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 Aerial Photqgraph Application .,�Approval Order Architectural Elevations ..Boundary Topographic Sui Drainage Stormwater Plan Easements _Environmental Impact Existing Condition Plan Flood Plain Landscape Plan Legal Description Lighting Plan Mitigation Plan Mobile Home Plans Permit (External Plat Property Deed Site Plan Traffic Impact Ro Tree Survey Turtle Protection UtilityPlan Document Format 0 B mm- -Em — 001M9MM- 00 'NIDF or Word womm ` r111 WMMMMNWMNWWA� El M-milly Illllli - NICE= min 2-M NOR - Required Name on Aerial. pdf .8pplication.pdf- A pprovalOrder.pdf ArchElev.pdf Bounda!yT2po,.pdf DrainagePIn.pdf Easements.pdf 6R.pdf or EIR.doc Hood.pdf or Flood. Doc — i Landsca Legal.doc Mitigation.pdf MobileHome or MobileHome.do-c Permit.pdf Plat. ,pdf or Plat.doc Deed. pdf SitePlan.pdf TIR,.Pdf or TIR.doc Tree.pdf Turtle.pdf or Turtle.i Page 5 of 5 Revised January 2021 Page 73 of 107 Variance Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 10.01 .00 for details I (we) do hereby petition the St. Lucie County Board of Adjustment for the following 1. Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) �s � nc"L Ml-n'ei L t� C see c-k' oL4.1�k 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: Pectr -5;4�6rc4-/ -b CCnA-U& Ck SLojmv1vi") Po,)J, 3. State the specific hardship imposed on the owner by the LDC? 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship. 'Ais Curexx' is "Ne onil Pod�O" 06 OL-r Pr-bre4y Ify.& Will accofy%modok (:;,, Peol. S. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhood in which the subject property is located. T�\ i 5 POO I Ujil I be- �Ohl)lj (OtAfciined- W&Iin oLLr ptloprll 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. p- Pool CjL oSibve 'irvyoc+ C)r\ P(Uft'C tj VCAALXR-, 7. Stag why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. t+64k °VWS Vat- I'CA-0co- *VXe-rk Wi k� ()0+ be enou (-oo &X fb \0LX0A- n- rv\UCU5- fboi 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie I County Comprehensive Plan.` T6,, Pool %'�' C6nS'kaeAqA �0 bQ- C:LA 'Cy\PMVf WmA- 4-t +t-e Pvtf)(4y, 9. Is this variance request located within a Homeowners or Property Owners Association? YES —... z NO 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 Page 74 of 107 Supplement 2 10. Name of Association Leea Co w- � 0 A) -ErNc 11. Is there a letter from that association attached? YES NO • Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. • Per LDC Section 10.01.04(A). (7) If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. • Except for non-residential accessory structures in AG-1, AG-2.5 and AG-5, if the application is for 100% variance from the road frontage requirements, proof of recorded legal access shall be furnished with the application. 0 1 (we) have reviewed LDC Section 10-01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the public hearing. (Applicant Name) swear (or affirm) that the information and facts ted therein on the application is true and correct. Applicant Signature facts STATE OF �( COUNTY OF The foregoing instrument was acknowledged before me this Ira _day of W4L4fik_, 20—Z-L_by �t ey% M C Lp % ------ XAom is personally identificatioF- M V ON ?11"Mrp/i YL_ I - [A Jj47EXS Signs6re of otary Type or Print Name of Notary 'Commission Number (Seal) CHE"L L. WATERS WCMMM10 NORN066743 EXPIRES.] januwy 2o, 2o26 Page 75 of 107 Ms. Dina McNeill, The architectural committee has no issues with your proposed rear setbacks for the pool if approved by the county. Stephen Neill, Architectural Committee, QCPOA August 3, 2020 Cell: 561-718-1768 email: s.neill@callawayandprice.com Page 76 of 107 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 4615810 OR BOOK 4319 PAGE 2002, Recorded 09/13/2019 02:11:57 PH Prveawd by and return ig: Joya Lippard K Title Company, LLC 8301 Holley Tree Trail Port St, Lucie, FL 34986 File Number: PRI9339 ** This Deed is a corrective Deed to correct the erroneous legal description as 0a Dead recorded in Official Records Book 4307, page 2VA, of the public Records of St. s Lucie County, Florida. Corrective Warranty Deed This Warranty Deed made this day of September, 2019, between Steven Johnston and Suzanne Johnston, husband and wife whose post office address is Post Otfice Box 776, Bokeelia, FL 33922, grantor, and Dias McNeill. an unmarried woman whose post office address is 131 Queen Catherina Court, Hutchinson Island, FL 34949, grantee: (Wheno,cr used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assign:: ofiudiA•iduals. and the successors and assigrs of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration Of the sum of TEN AND N0,1100 DOLLARS ($10-00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described kind, situate, lying and being it, the St. Lucie County, Florida, to -wit: Lot H. Block IS, Queens Cove (;nit 1, according to plat thereof as recorded in plat Book 11, Page 12A, 128 and 12C, of the Public Records of St. Lucie County, Florida. Puree[ Identification Number: 1414-701-0141 -000-6 Together with all the tenements,hereditaments. and appurtenances thereto belonging or in anywise appertaining. To Have, and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons Whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2018. In Witness Whereof, grantor has hereunto set grantor's hand and sea! the day and year first above written. karruiqv reed - Pqx I Page 77 oill 07 OR BOOK 4319 PAGE 2001, Signed, scaled and delivered in our presence: Wit essName- L Wen J n State of Florida County of �"I. e-- The foregoing instrument was acknowledged before me this September, 2019, by Steven JOhnstan and Suz nneJohnston, who (_) arc r n�ally kdraoYworifto me or have produced as identification. JACKLIN JOHNS Commission 4 n FF93]5rA4 S40 !x 0 p MY C70M SI(A iq MMtss 0 2 EYDCO' sion #FF935r M Mis ion Expires 4 MIN �2:0,20i 9 WarraNY Iked - Page 2 Notary 7 public Printed Name: E Tres: My Commission'y Page 78 of'l 07 OUEENS COVE. -UNIT 1- BLK 15 LOT H (OR 2610-55) Page 79 of 107 CORNER BOUNDARY SURD VEY FALLS IN �§�*25'0811 F - 130.14' CANAL 006D IRON F ?D LB #7 g Pool u ui 4.9 tX 12,5* I AXI, i 131,()(7K 16 &RIM 'Q,6�?IES ME CROSSING INTO RAV ON SOUTHERLY SIDE OF LM LINE TABLE LINE LENGTH i BEARING L, ��NDI-59'ME CURVE TABLE CURVE LENGTH RADIUS DELTA C2 64.69" 50.00 _ I 6r39'52' (15 M NNE& OSBORN IESS R...E DMAPPER06415 BOUNDARY SURVEY 4ESENrATIONGFA YDIREcnom iNT[CATED ELECTRONZ rED ELECTRONIC SEAL, .AND SIGNAME. Kenneth "0"'1191 ly Kenneth Osbome Osborne ""I" 115:05'.08 -04'00' 4NNAw"rT?MX4 11 POINT FALLS INTO WALL X8' cn ca 3UILDING #131 UJI 1.101, F BLOCK 15 eon C-If t2 z ET 112" 01 CGISICRETIf", DRIVE RON ROD wm 8 #7893 -CATS/0 R 50.00' CO aa.CO 0 09 z Z LAI z9 0 =jgzo LL- 62M N. MILITARY TRAIL, SUITE 102 WEST PALM BEACH, PL 33407 PHONE (661) 6404M STATEWIDE PHONE (000) 22&4W STATEWIDE I==( WEMTE: Page 80 of 107 CORNER BOUNNARY SURVEY FALLS IN S8502501081'E 130 14' CANAL WATER DE SET 112" IRON ROD LB #7893 POINT FALLS INTO WALL LOT H BLOck 15 r2 31.1' 14.8" C:? 4.0' BUILDING #131 Lu 1,0'"FF A/C BLOCK 15 'i 3 co (po 12.5' 23 6.9' b) 11.7' Lc) o z 30.2' LOT J BLOCK 16 ? 'v- ET 112"''60'N'CRETE RON ROD VyM B #7893 CAT \4 '-6 14� SURVEY NOTES =RETE-MVE CROSSING; INTO RM ON SOUTHERLY SIDE OF LOT, t's R 0.00' LINE TABLE C) LINE LENGTH BEARING d U) 1 — coo Ll 5.00' r N011-59'301 Z �32 CURVE TABLE =)Z� © cl 0 z Z—c) CURVE LENGTH RADIUS DELTA LL- p =)<t C2 54.69- 50.00- 62*3952" z ILL IOUNDARYSURVEY IESENTAT[ON OF A ,DIRECTION, .NTICATED ELECTRONIC rED ELECTRONIC SEAL, AND SIGNATURE. Kenneth Digitally signed by Kenneth Osborne Orzknrno Date: 2019.08.20 16:05:08-041001 KENNETH J OSBORNE PROFESSIONAL SURVEYOR AND MAPPER #11415 (NEAWTQ k.;g A1'9,) — I . .1 vv I "%-,I %I"/-% 6250 N. MILITARY TRAIL, SUITE 102 WEST PALM BEACH, FL 33407 PHONE (561) 6404800 STATEWIDE PHONE (800) 226.4807 STATEWIDE FACSIMILE (800) 741-0576 WEBSITE: http://targetsurveying.net Page 81 of 107 sWk� Lot H, Block 15, QUEENS COVE UNIT I, according to the Plot thereof, as recorded in Plat Book 11, Pages 128 and 12C, of the Public Records otST LUCIE County, Florida. Community Number: 120285 Panel.- 0089 Suffix: J Flood Zone: AE(NA VD88) Field Work.. Certified To: DINA MCNEILL; K TITLE COMPANY, LLC; OLD REPUBLIC NATIONAL TITLE INURANCE; CALIBER HOME LOANS, INC. ISAOA Property Address: 131 QUEEN CA THERINA COURT FORT PIERCE, FL 34949 Survey Number, 379086 ABBREVIATION DESCRIPT04., A.E. ANCHOR EASEMENT F.F. EL. FINISH FLOOR ELEVATION OR.M OFFICIAL RECORDS BOOK A/C AIR CONDITIONER FAR FOUND IRON PIPE PLAT B.M. BENCH MARK FAR FOUND IRON ROD PLAT BOOK B.R. BEARING REFERENCE F.P.K. FOUND PARKER-KALON NAIL P.C. POINT OF CURVATURE (C) CALCULATED (L) LENGTH P-CC. POINT OF COMPOUND CURVE a CENTRAL I DELTA ANGLE L.A.E. LIMITED ACCESS EASEMENT P-O-B, POINT OF BEGINNING CH CHORD LM-F- LAKE MAINTENANCE EASEMENT P.O.C. POINT OF COMMENCEMENT (D DEED I DESCRIPTION MEASURED I FIELD VEI VERIFIED P.FLC. POINT OF REVERSE CURVE D1 DRAINAGE EASEMENT �M MANHOLE P.T. POINT OF TANGENCY D.H. DRILL HOLE R&D NAIL & DISK RAN RIGHT-OF-WAY DAN DRIVEWAY N, P. NOT RADIAL RADIAL / RADIUS E.O.W. EDGE OF WATER N.T.S. NOT TO SCALE s 11 P. SET IRON ROD F.C.M. FOUND CONCRETE MONUMENT O.HL OVERHEAD UTILITY LINES T.O.B. TOP OF BANK .-..- PAGE I OF 2 PAGES (NOT comnsrp w amrr PA% 2) GENERAL NQTES: 2 1 1 LEGAL DESCRIPTION PROVIDED BY OTHERS THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS OR OTHER RECORDED ENCUMBRANCES NOT SHOWN ON THE PLAT, 3) UNDERGROUND PORT04S OF FOOTINGS, FOUNDATIONS OR OTHER IMPROVEMENTS WERE NOT LOCATED, 4) WALL TIES ARE TO THE FACE OF THE WALL AND ARE NOT TO BE USED TO RECONSTRUCT BOUNDARY LINES. ONLY VISIBLE ENCROACHMENTS LOCATED. DIMENSIONS SHOWN ARE PLAT AND MEASURED UNLESS OTHERWISE SHOWN, FENCE OWNERSHIP NOT DETERMINEM ELEVATIONS INDICATED HEREON ARE IN FEET AND DECIMALS REFRENCED TO N.G,V.D. '192 1081 IN . §9MOISTANCES, GRAPHIC REPRESENTATIONS HAVE BEEN 9XAGGFRATFn Tn UnOr SYMBOL DESCRIPTIONS:. -CATCH BASIN MISC. FENCE - CENTERLINE ROAD 0 - PROPERTY CORNER a COVERED AREA a a UTILITY BOX +)LO ® EXISTING ELEVATION - UTILITY POLE - HYDRANT - WATER METER 8 - MANHOLE 9% a WELL — x — w METAL FENCE — , # -- w WOOD FENCE 4F SERVING FLORIDA 6250 ft MILITARY TRAIL, SUITE 102 WEST PALM BEACH, FL 33407 PHONE (661)644800 STATEWIDE PHONE (800) 226-M STATEWIDE FACSIMILE (8W) 741.157e WEBSITE: h0r./Itnetsurveong.net Page 82 of 107 .ftft low N 0 cn 1 ;0 ;uOuleflJed now 10 Il;ieemuowwoo =1 — rwol ;j uolulwoa 0 co 00 uuv ueeno 0 0- 0- co 10 sses ueeno ;0 &uliaY;eo ueeno o 0 C, JO &Mlismyo ueent) U) u fu _0 �J yea U) a) E C) Ln C: 4� C: 0� a) a)C: 0 _0 0 CL N -0 U� u) 0� L U) a LJL V U J ;uauieilaed V � i tQ •— N > N O� N O N ;o Wleemuouiuioo a co • m Z A 10 uoiuiuio p 4 )o uu y uaano 10 ssas uaantj ;3 euiaay;eo uaantj JO eui;suyo uaano 4aa''b w r 0 r aL 0 N co L Q a) L Q Q m 0 C o` LO co Dim I� i u fu Ln c ru L V) D (3) o � M o +, V Q � J o -p U- n- Fn u ry _0 °), CP J ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA Wednesday, September 22, 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 following applicant has requested that the St. Lu- cie County Board of Adjust- ment consider the following request: PURPOSE: The -request of Dina McNeill for a Variance from the provisions of Section 7.04.01 (Table 7-10) Lot Size and Dimensional Require- ments of the St. Lucie County Land Development Code, to allow a swimming pool to en- croach into the required 15- foot rear yard setback by no more than 5-feet, providing a 10-f6ot, rear .yard setback, within. the .RS-4 (Residential, Single -Family - 4 dulac) Zon- ing District FILE NUMBER: BA-8202126112 LOCATION: 131 Queen Cath- erina Ct., Fort Pierce, FL 34949 PARCEL I.D.: 1414-701- 0141-000-6 The Public Hearing on this item will be held in the Com- mission Chambers, Roger Pok tras Annex, 3rd Floor, St. Lucie County Administration Build- ing, 2300 Virginia Avenue, Fort Pierce, Florida on Sep- tember 22, 2021, beginning at 9:30 a.m. or as soon there- after 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. Written comments to the Board of Adjustment should be received by the Planning and Development Services Department Planning Division by noon prior to the scheduled hearing. The peti- tion file is available for review at the Planning and Develop- ment Services Department - Planning offices located, at 2300 Virginia Avenue, Fort Pierce, Florida during regular business hours. Please call (772) 462-2822 or TDD (772) 462-1428 if' you have any questions or require addition- al information about this peti- tion. The St. Lucie County.Board of Adjustment has the power to authorize Variances from the dimensional requirements of the St. Lucie County Land De- velopment Code, in accord- ance with the Provisions of Section 10.01.00, of the St. Lu- cie County Land Development Code. The proceedings of the Board of Adjustment are electroni- cally recorded. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings: For such purpose, he or she may F','L.ANNM."� AND DEVELOPMENT SEMflCES DEPARTMENT Planning Division COMPINCE NTH FUSTINd OF 0ME R9001119MENTS - SIGN AFFIDAVIT ?TATE OF FLORIDA �hN —(u � \\ , being first duty sworn deposes and states: 1. 1 am the owner or the agent for the project known as Pook Vlwtear% y- for the following petition: File No.-� I a - I 2. 1 hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E of the St. Lucie County Land Development Code for the a74 -IC2,\ public hearing to be conducted by theleati-A 0 1 g4L on the above -referenced petition. 0 The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by the St Lucie County Planning and Development Services - PlanninLt Division on The following required documentation is attached: A. Dated Photo submitted electronically (Close up) _ B. Dated Photo submitted electronically (Distant) — Further affiant sayeth not Signature of Affiant v,�aef - The foregoing instrument was acknowledged before me this day of 1e 20�),t , by il'V-NF, m LL Said person ?Q is personally known' to me, _produced a drivers license issued by a state of the United States within the last five (5) years as identification, or produced other identification, to wit ST. LUCIE Page 90 of 107 Aiello, Peter D 9 Decker LN Boonton, NJ 07005 Public Hearing Date: Wednesday, September 22, 2021 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL. 34982 Meeting Time: 9:30 AM (or soon thereafter) Applicant/Property Owner Dina McNeill 131 Queen Catherina Ct. Fort Pierce, FL 34949 Proiect Location 131 Queen Catherina Ct. Fort Pierce, FL 34949 Parcel ID: 1414-701-0141-000-6 Future Land Use RU (Residential, Urban) Zoninq District RS-4 (Residential, Single -Family — 4 du/ac) McNull Pool Var,ance BA4202126112 Location 1 a .......... Public Hearing Notice Notice of Proposed Variance Request You are receiving this notice because you are a property owner within 500 feet of the proposed petition. Proiect Description The request of Dina McNeill for a Vari- ance from the provisions of Section 7.04.01 (Table 7-10) Lot Size and Di- mensional Requirements of the St. Lucie County Land Development Code, to allow a swimming pool to encroach into the required 15-foot rear yard set- back by no more than 5-feet, providing a 10-foot rear yard setback, within the RS-4 (Residential, Single -Family — 4 du/ac) Zoning District Written comments to the Board of Adjustment should be received by the Planning and Development Ser- vices Department Planning Division by noon prior to the scheduled hear- ing. Anyone with a disability requiring accommodations to attend this meeting may contact the SLC Com- munity Risk Manager at least 48 hours in advance at (772) 462-1546 or TDD (772) 462-1428 The St. Lucie County Board of Adjust- ment (BOA) has the power to authorize Further details are available in the variances from the dimensional require- Planning and Development Services Department — Planning Division ments in accordance with the provisions please contact: of Section 10.01.00, of the St. Lucie Staff Bethany Grubbs County Land Development Code. Tel (772) 462-1687 Email GrubbsB@stlucieco.org St. Lucie County policy strongly encour- ages public input and comments at the public hearing. You may contact Betha- ny Grubbs, Project Manager, via phone or email with inquiries relating to the proposal. Public comment for the upcoming meet- ing can be submitted several ways: Email: i i ull3llm >II i����UL :u g, co:: oil g or Email: Ilmm ip girl licgim i m n Ill::mgie or q Date Mailed September 10, 2021 Page 91 of 107 UICL PLANNING AND DEVELOPMENT SERVICES DEPARTMENT Planning Division Please Return This Form To: St. Lucie County Planning & Dev. Serv. Dept. - Planning Division ATTN: Bethany Grubbs, Project Manager 2300 Virginia Avenue, Ft. Pierce, FL 34982 Email: GrubbsB(a-)_stlucieco.orp or Fax (772) 462-1581 PROPOSED REQUESTED VARIANCE: Petition of Dina McNeill for a Variance from the provisions of Section 7.04.01 (Table 7-10) Lot Size Project and Dimensional Requirements of the St. Lucie County Land Description: Development Code, to allow a swimming pool to encroach into the required 15-foot rear yard setback by no more than 5-feet, providing a 10-foot rear yard setback, within the RS-4 (Residential, Single -Family — 4 du/ac) Zoning District Project Location: 11 131 Queen Catherina Ct., Fort Pierce, FL 34949 1 Current Zoning: RS-4 (Residential, Single -Family — 4) File No: BA-8202126112 If you wish to comment, please check only one of the three following statements and return no later than Monday, September 20, 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, Bethany Grubbs, Project Manager at (772) 462-1687 if you have any questions. f",e v,,eiti 1 it lydh 8� 201 1 Page 92 of 107 1414-701-012&000-9 Aiello Peter Aiello Deborah 9Decker LN Boonton NJ 07005 1414-701-013&000-2 Anne &Gerald Napolilano Trust 128 Queen Catherina CT Hutchinson Island FL 34949 1414-7D1-0137-000-5 Antonio (TR; William G 124 Queen Catherine CT Hutchinson Island FL 34949 1414-701-0135000-1 Beene Lee Andrew Beene Rachel M 22 Sovereign WAY Hutchinson Island FL 34949 1414-7D1-0060- 00-0 Benns(TR) GI HeA 131 Queen Ch ristina CT Fort Pierce FL 34949 1414-701-0075000-2 Bilello William V Bilello Maria C 429 Pelhamdale AVE Pelham NY 10803 1414-701-0118-000-6 Brown Jeffrey M Pieczvnski Denise M 133 Dominion CT Hutchinson Island FL 34949 1414-702-0010-000-2 Buhl Hans Buhl Susanne Ringstr 1 97483 Ehmann Limbach 1414-701-D154-000-0 Bullis(LFEST) DelmarL Bullis(LFEST) BetNJ 127 Queen Bess CT Hutchinson Island FL 34949 1414-701-0146-000-1 Bush (TR) John J Bush (TR) Shervi E 24 Sovereign WAY Hutchinson Island FL 34949 1414-7D2-DOD 1-000-6 Concern Loris Caononi Pamela 31 Sovereign WAY Fort Pierce FL 34949 1414-701-0165000-0 Cast Carmen 134 Parliament CT Fort Pierce FL 34949 1414-7D1-D116-000-2 Davis Philip Boggs Nancy 137 Dominion CT Fort Pierce FL 34949 1414-701-0155000-7 Dean Edward E 125 Queen Bess CT Hutchinson Island FL 34949 1414-701-0132-000-0 Donaldson Dan G Donaldson Barbara A 138 Commonwealth Ct Fort Pierce FL 34949 1414-701-0136-000-8 Emerson Ronald H Heermance Paula F 122 Queen Catherina CT Hutchinson Island FL 34949 1414-701-0152-000-6 Farmer (TR) Robert J 128 Queen Bess CT Fort Pierce FL 34949 1414-701-0145-000-4 Ferrell Timothy Ferrell Patti 102 Ashley Ann CT Townsend DE 19734 1414-701-0084-000-8 Gloeckner David H 32 Sovereign WAY Hutchinson Island FL 34949 1414-701-0126-000-5 Gornto James M 135 Commonwealth Ct Fort Pierce FL 34949 1414-701-0143-000-0 Gutwir[h A G 127 Queen Catherina CT Hutchinson and FL 34949 1414-701-0162-000-9 Henry Sr (LF EST) Ralph W 133 Parliament CT Hutchinson (sand FL 34949 1414-702-0009-000-2 Hill David V 118 Queen Christina CT Hutchinson Island FL 34949 1414-702-0017-000-1 Hughes Jr BilliG Hughes Karen G 441 He an Sosebee Rd Dawsonville GA 30534 1414-701-0076-000-9 Ipel Peter Igel Wendy 12, Queen Christina CT Hutchinson Island FL 34949 1414-701-0149-000-2 Johnson Sandra L 122 Queen Bess CT Hutchinson Island FL 34949 1414-701-0077-000-6 Jones Bruce M Hughes Kristen M 4501 Sailbreeze CT OAand. FL 32810 1414-701-0142-000-3 Kelley (TR) Michael D Kellev (TR) Susan M 2820 Marione RD Saint Cloud FL 34772 1414-701-007&000-0 Knagps (LF EST) Sh.11.y6 133 Queen Christina CT Hutchinson Island FL 34949 1414-701-0153-000-3 Koutsofios Demetrios Koutsofios Yvonne 129 Queen Bess CT Hutchinson Island FL 34949 1414-701-007&000-3 Lange Chris Lange MaryAnn 132 Queen Christina CT Fort Pierce FL 34949 1414-701-0160-000-5 Liddell Jamey Liddell Jill 137 Parliament CT Hutchinson Island FL 34949 1414-701-0164-000-3 Magee James M Magee Denise C 132 Parliament CT Hutchinson Island FL 34949 1414-701-0131-000-3 MMl is Mark J Malizia Dorothy E 135 Commonwealth CT Fort Pierce FL 34949 1414-701-0125000-8 Mair Jr Howard G Marsch Bonnie L 137 Co. monwasth Ct Fort Pierce FL 34949 1414-701-0119-000-3 Martin Karen L 145 Worth Ct N \Nest Palm Beach FL 33405 1414-702-0018-000-8 McCrea RhondaItBrach. Jorge 5151 N Highway AlA Apt315 H mchinson Island FL 34949 1414-701-0150-000-2 McKemi TR William McKennay(TR) Nancy 124 Queen Bess CT Hutchinson Island FL 34949 1414-701-0141-DOD-6 McNeill Dina 131 Queen Catherina CT Hutchinson Island FL 34949 1414-701-0124000-1 Michelson Gary W Miller -Michelson Linda S 139 Gomm.nwealth Gt Fort Pierce FL 34949 1414-701-0073-000-8 Morgan Jack Morgani Nancy 30 Sovereign WAY Hutchinson Island FL 34949 1414-701-0133000-9 Napolitano (TR) Gerald J N.dolism. (TR) Anne L 128 Queen Catherine CT Hutchinson Island FL 34949 1414-701-0122-010-0 Neves Torrey Kars— Manlia 140 Dominion CT Hutchinson Island FL 34949 1414-701-0117-000-9 Parker James W Parker Deborah J 135 Dominion CT Hutchinson Island FL 34949 1414-701-0163-000-6 Parkins Walter Parkins Caroline 131 Parliament CT Hutchinson Island FL 34949 1414-701-0083-000-1 Payroll AnlhonvA Parrott SandraA 125 Queen Christina CT Hutchinson Island FL 34949 1414-701-0082-DOD-4 Patterson Dennis M Patterson Susanne U 127 Queen Christina CT Fort Pierce FL 34949 1414-702-0011-000-9 Proust Gerhard Am Stadtvald 6 92676 Eschen6ach 1414-701-010&000-9 Queens Cove Properties Inc DC Saxon / Golden Holding LLC 1252E Oak Arbor Ln Boynton Beach FL 33436 1414-701-0121-000-0 Rocheleau Deborah O Rocheleau Richard T 1570 SE Ballanlrae CT Port St Lucie FL 34952 1414-701-0129-000-6 Rvals (LF EST) Oswald G Rivals (LF EST) Carolyn M 132 Commonwealth CT Hutchinson Island FL 34949 1414-701-0157-000-1 Sabla (LF EST) Vincent 121 Queen Bess CT Hutchinson Island FL 34949 1414-701-0061-DOD-7 Sasseville Gail Sassevile Paul H 25 Majestic N✓AV Hutchinson Island FL 34949 1414-701-0161-000-2 Saunders (TR) James D 135 Parliament CT Hutchinson Island FL 34949 1414-701-0122-000-7 it,(TR) Lucille J PO Box268 Higgins Lake MI 4862, 1414-701-0127-000-2 Sherman Alvin P Sherman Glvnis M 133 Commonwealth Ct Fort Pierce FL 34949 1414-701-0151-DOD-9 She r Ed- 126 Queen Bess CT Fort Pierce FL 34949 1414-701-0130_000-6 Smilev Mark Smile, Elizabeth 624 Kinageh RD North Palm Beach FL 33408 1414-701-0158-000-B Sorce Marc D Sorce Betty F 20 Sovereign N✓AV Hutchinson Island FL 34949 1414-701-0144-000-7 Stuller R Scoll Stuller Deborah 125 Queen Catherina CT Hutchinson Island FL 34949 1414-701-0140-000-9 Weber William R Waber Joy P 130 Queen Catherina CT Hutchinson Island FL 34949 1414-701-0074-000-5 York David 124 Queen Christina CT Hutchinson Island FL 34949 Maioutxls Page 93 of 107 W 0 CD v Rt 5 a C N 3 PH suaano -- U U � m a oCU U U ;p uuywelenb 0 0 N V ` - i ;p ;uauieYJed ;p ssaa_uaanb i. T� — mv , N O N _ _._ ;p euiaay;ep uaano 0Q CN a OO a Q 'gym ;p uoiuiuiop ;p eui;suyp uaantj Z V � � Q y� o to v 0 Z <C o r o oLO (3) c pay o 0- 0 Bch z U O L BEN VIRONM]EN TRESOURCES FINAL REPORT' TO: Bethany Grubbs, Planning & Development Services THROUGH: Jennifer L. McGee, Environmental Regulations Manager Amy E. Griffin, Environmental Resources Director FROM: Brian J. Arbeiter, Environmental Planner DATE: August 16', 2021 SUBJECT: McNeil Pool Variance BA-6202126057 Background The Environmental Resources Department (ERD) is in receipt of the August 3rd, 2021 date -stamped submittal from Planning and Development Services. The applicant is seeking approval of a variance to install an inground pool in the backyard approximately 10-ft from the rear lot line. The project is located at 131 Queen Catherina Ct. in Ft. Pierce and currently consists of one (1) single family residence on a 0.30-acre lot (Parcel 1D 1414-701-0141-000-6) zoned Residential, Single Family - 4 (RS-4). Findings The proposed pool is to lie approximately 13.5-ft from the seawall. The adjacent canal is manmade and therefore exempt from the riverine protection standards as outlined in Land Development Code 6.02.02.C. The proposed variance is not anticipated to result in any adverse environmental impacts as the parcel has already been impacted. Recommendation ERD has no objection to the approval of the referenced variance. Please contact Brian Arbeiter at 772-462-2866 if you have any questions. 1111111111 llllllic Page 95 of 107 J. RS-4 RESIDENTIAL, SINGLE-FAMILY- 4. Purpose. The purpose of this district is to provide and protect an environment suitable for single- family dwellings at a maximum density of four (4) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low density residential surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Family day care homes. (999) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) c. Single-family detached dwellings. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off -Street Parking Requirements. Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Conditional Uses: a. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) b. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 7. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00. a. Solar energy systems, subject to the requirements of Section 7.10.28. Page 96 of 107 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 97 of 107 3. When topographical conditions are such that compliance with this subsection would be impracticable or cause grade level conditions detrimental to adjacent or nearby property, the Growth Management Director shall grant relief from the provisions of this subsection, consistent with Flood Protection regulations. 4. For non-habitable/non-residential structures, when topographical conditions are such that compliance with this subsection would be impracticable or cause grade level conditions detrimental to adjacent or nearby property, the Growth Management Director may grant relief from the provisions of this Code, consistent with the intent of the Flood Protection regulations and any other applicable portion of this Code. D. Filled Land. 1. Any filled land created in the unincorporated area of St. Lucie County shall be filled so that the settled elevation of such land shall be at least five (5) feet above mean sea level (MSL), as measured by U.S.C. and G.S. Datum. 2. No trees, vegetation, organic materials, or garbage shall be used as fill material in the unincorporated area of St. Lucie County for the purpose of raising the existing grade of any land on which construction is intended. The disposal of all trees, vegetation, organic material, and garbage shall be in accordance with applicable St. Lucie County Regulations. 3. Where fill is used, the owners of the property on which the fill is being located, shall be responsible for assuring adequate drainage so that the immediate community will not be adversely effected. E. Non -Residential Buildings on Farms. Any person erecting a nonresidential farm building on a farm shall be required to obtain a Certificate of ,Zoning Compliance prior to construction showing that the structure meets the setback requirements shown in Table 7-10 for the zoning district in which it is located. 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N a a� O 's ., "y .T. >3 �� aAG �a C � • Y %-I � a' •; C � • � � � � � Q � U ice-+ A ri� vs O C -p Q? k y G r: y .00. 0 C O py O x; C cG p V O z d U R N � O YN3 �j O c° 0 {i°., Page 103 of 107 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 104 of 107 B. A variance to construct an accessary agricultural structure on agricultural property lacking sufficient frontage shall be governed by the provisions of Section 10.01.07. C. A variance from the requirements of Section 7.07.00, Stormwater Management, shall be governed by the provisions of Section 10.01.08. D. A variance from the requirements of Section 7.05.06, Driveways, shall be governed by the provisions of Section 10.01.09. E. A variance from the requirements of Section 6.05.00, Flood Damage Prevention, shall be governed by the provisions of Section 10.01.10. No variance from the dimensional requirements of Section 7.00.00, other than variances granted for or in conjunction with a Final Development Order as described under Section 11.02.00, shall be valid for a period longer than twelve (12) months unless a building permit is issued. A variance issued for, or in, conjunction with a Final Development Order as described under Section 11.02.00 shall expire upon the termination of that Final Development Order unless the Final Development Order is extended or otherwise determined to be compliant with the provisions of this Code. 10.01.04. - Procedures for Application. A. Application. An application for a variance shall be filed with the Growth Management Director, accompanied by a non-refundable fee, as established from time to time by the Board of County Commissioners to defray the actual cost of processing the application. The application shall be in such form and shall contain such information and documentation as shall be prescribed from time to time by the Director and shall contain at least the following: 1. Name and address of applicant; 2. Legal description, street address, and lot number and subdivision name, if any, of the property which is the subject of the application; 3. The size of the subject property; 4. The variance sought and the Section of this Code from which a variance is requested. Except for non-residential accessory structures in AG-1, AG-2.5 and AG-5, if the application is for one hundred percent (100%) variance from road frontage requirements, proof of recorded legal access shall be furnished with the application; 5. The purpose for the requested variance and a statement of the intended development of property if the variance is granted; 6. A statement of the hardship imposed on the applicant by this Code; a statement setting forth reasons why this hardship is unique to the applicant, and why the same hardship is not imposed on other property in the neighborhood that is similarly situated; a statement of why the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located; a statement of why the variance will not increase traffic, the danger of fire, or impair property values in the neighborhood; a statement of why the proposed variance is the minimum variance that will make possible a reasonable use of the land, building, and structures; and a statement explaining how the proposed variance is consistent with the general spirit and intent of this Code and the St. Lucie County Comprehensive Plan; 7. If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00,the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. B. Filing an Application for Approval of a Variance. Within twenty (20) days after an application for approval of a variance is submitted, the Growth Management Director shall determine whether the application is complete. If the Director determines that the application is not complete, he shall send Page 105 of 107 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 106 of 107 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 107 of 107