HomeMy WebLinkAboutStaff Minutes 04-23-2008
BOARD OF ADJUSTMENT
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Commission Chambers, 3 Floor, Roger Poitras Annex
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April 23, 2008 at 9:30 A.M.
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MINUTES
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CALL TO ORDER
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Chairman Ron Harris called the meeting to order at 9:30 A.M.
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ROLL CALL
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Ron Harris...................................Chairman
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Bob Bangert.................................Vice Chairman
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Diane Andrews............................Board Member
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Buddy Emerson...........................Board Member
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Member Absent:
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Richard Pancoast........................Board Member
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OTHERS PRESENT
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Leslie Olson.................................Planner
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Larry Szynkowski.........................Planner
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Katherine Mackenzie-Smith Assistant County Attorney
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Veronica Torres ..........................Senior Staff Assistant
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ANNOUNCEMENTS
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None.
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Agenda Item #1 – Minutes
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Approval of the Minutes of Regular Meeting of March 26, 2008.
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Mrs. Andrews motioned approval of the minutes; Mr. Bangert seconded.
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The motion carried unanimously.
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Public Hearing Richard Todd Owens
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BA-120081400
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Agenda Item #2
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Richard Todd Owens,
Petition of for a variance from the Provisions of Section
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7.04.01(Table 7-10), of the St. Lucie County Land Development Code to permit the
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construction of a swimming pool screen enclosure which will encroach a maximum of 10
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feet into the minimum rear setback of 15 feet required in the RS-3 (Residential Single
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Family 3) Zoning District.
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The swimming pool and deck are existing. There was an existing screen enclosure
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prior to Hurricane Frances. The location is 4790 River Oak Lane, Ft. Pierce.
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Staff has reviewed the petition and determined that it does not conform to a strict
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interpretation of the standards of review as set forth in Section 10.01.02, St. Lucie
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County Land Development Code and may be in conflict with the goals, objectives, and
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policies of the St. Lucie County Comprehensive Plan. Staff is, therefore, recommending
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denial of the requested variance.
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Mrs. Andrews stated that staff says the maximum of 10 feet is the encroachment, the
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applicant says 6 feet, which is correct?
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24 Ms. Leslie Olson commented that there is a small portion that juts out from the rear deck further
25 into and it can be seen on the aerial, there is a small portion that juts out about 4 feet.
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27 Mrs. Andrews stated that she did not see what Ms. Olson was saying. After a closer look she
28 commented that Board Members could see what Ms. Olson was saying.
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PUBLIC COMMENT
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32 Mr. Bruce Hurley stated he was before the Board on behalf of Available Aluminum and Todd
33 Owens. Regarding the 4 foot section that juts out the proposed screen enclosure will not be on
34 that particular portion. They did not know whether that would be considered part of the variance
35 or not, it does exist there. There is a little jutting out portion there. The variance that is being
36 sought is for pool enclosure for an existing swimming pool that has been there since the 1970s.
37 The homeowner bought the house in 1990 with the pool as it exists and the screen enclosure on
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40 The screen enclosure was subsequently damaged by a tree that had fallen on it during the
41 hurricanes. The homeowner did not find out about the encroachment until they put in for the
42 application for the screen enclosure. Regarding the back property line, first of all there was one
43 letter that he wanted to submit to the Board from the property owner from behind it. There is a
44 7.09 acre property behind Mr. Owens’ home; it is the only property behind it. It is owned by the
45 James E. Sampson Memorial SDA School and he had a letter from the School Board Chairman
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1 and the Principal of the School, it is a letter of non-objection. The letter was submitted to the
2 secretary as an exhibit.
3 The situation with the swimming pool is such that it is not just the deck that encroaches slightly
4 on the rear setback but the swimming pool itself which would be an extreme hardship for the
5 homeowner. One of the primary reasons he bought the home is that he has small children and
6 the house has a swimming pool. Mr. Owens just wants to rebuild the screen enclosure as it
7 existed prior when he bought the house and has been there for decades. They have estimated the
8 cost if he had to tear out the swimming pool and rebuild it the cost would be $30,000 to $40,000.
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10 This particular home if you look at the aerial you will see especially on this street and the
11 neighborhood is oriented in an unique way, the way the house is oriented it is further back than
12 the other homes, so this is only way to put the swimming pool. They could not put it
13 horizontally it had to be put vertically. It is his guess that is why the swimming pool was put in
14 there to begin with like that. It has been there so long he is not exactly sure what occurred when
15 it was first put in but it has been there for decades.
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17 The rear of the property has a 35 foot drainage ditch and utility easement which is primarily a
18 drainage ditch; it is on the property owned by the school. In addition to that 35 foot easement
19 there is a 10 foot drainage and utility easement for a total of 45 feet. Neither of those easements
20 is infringed, so there is no residential, back yard neighbor on the property. The only neighbor is
21 the school itself and the side setbacks are not part of the variance either; it is just the rear setback.
22 There are no other parties except the school that would be affected by the variance. The only
23 other option to a variance in this case for Mr. Owens is the demolition of the swimming pool and
24 deck and building a new pool and deck.
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26 The most important part of the variance is Number 16 of the variance application, there are a lot
27 of reasons why they believe it is consistent with the general spirit of the St. Lucie County
28 Development Code and the Comprehensive Land Plan to grant this variance. It is compatible
29 with the subject property’s zoning, it does not in any way infringe on the low density
30 surrounding. It is compatible with base building line setback requirements as set forth in Section
31 7.04.04 of the Code. Table 7-10 (note g) of the Code allows for permanent structures such as
32 gazebos and greenhouses all the way to 5 feet from the property line. The proposed variance is
33 9.7 feet from the property line. A gazebo and greenhouse is a fairly consistent use with a
34 swimming pool enclosure. Also Section 10.00.03 of the Code (Nonconforming Structures)
35 allows for repair and maintenance of nonconforming uses. The subject property’s deck,
36 swimming pool, and screen enclosure all existed as proposed prior to the adoption of the Land
37 Development Code on August 1, 1990 and as such constitutes a nonconforming use.
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39 The proposed variance does not in any way interfere with or exceed the limitation set forth in
40 Section 10.01.03 of the Code (Limitations of Granting Variances). The proposed variance is
41 compliant with the St. Lucie County Comprehensive Plan in that it does not affect any density
42 provisions, planned roadways, or zoning designations.
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44 The property owner simply wants what he purchased when he bought the house and what has
45 been there for many decades not affecting anybody, the adjacent property owners have no
46 objection, the only property affected by it is the school and they have issued a letter from both
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1 the Chairman and the Principal of the school stating that they have no objection. Especially
2 because of the 35 foot drainage, utility easement, the 10 feet easement, he can’t think of a
3 situation where there would be less of an impact on a neighboring property than this particular
4 variance. On behalf of Mr. Owens, the property owner they very humbly request the Board
5 consider this variance and grant it.
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7 Mr. Ron Harris stated he did have a question for Mr. Hurley. The 10 foot drainage utility
8 easement was dedicated by plat to the public, he wanted to know if Mr. Hurley had any sign offs
9 from the utility companies, we have a part of your structures in it. He would be reluctant to grant
10 the variance just because of that unless he had a sign off. The Board would be willing to
11 condition based on him obtaining that.
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13 Mr. Hurley commented that he did appreciate that. The reason they did not get that because the
14 only infringement on that, they are not planning on building the screen enclosure on that, they
15 were planning on building within that. They do not anticipate building the screen enclosure on
16 that 10 foot drainage easement.
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18 Mr. Ron Harris asked if Mr. Hurley was telling the Board that the screen enclosure when it is
19 installed will be outside of the 10 foot drainage easement.
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21 Mr. Hurley stated that was correct.
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Hearing no further comments in favor or in opposition to the petition, Chairman
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Harris closed the public portion of the meeting.
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26 Mr. Bangert made motion. Mrs. Andrews seconded the motion.
27 After considering the testimony presented during the Public Hearing, including staff comments,
28 and the Standards of Review as set forth in Section 10.01.02 of the St. Lucie County Land
Richard
29 Development Code, hereby move that the Board of Adjustment approve the petition of
Todd Owens
30 for a variance from the Provisions of Section 7.04.01, of the St. Lucie County
31 Land Development Code to permit the construction of a swimming pool screen enclosure, which
32 will encroach a maximum of ten feet into the minimum rear setback of 15 feet required in the
33 RS-3 (Residential Single Family 3) Zoning District because it does not affect any neighbors in
34 the rear, it is merely replacing an enclosure that has been there in the past . There is no objection
35 from the adjacent land owner and as a member of the Board Of Adjustment for the past twelve
36 years he would like to have a dollar for every one they have approved.
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38 Motion passed unanimously 4-0.
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PUBLIC HEARING CITRUS LAKES ESTATES
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April 23, 2008 APP-120081394
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5 MINUTES TRANSCRIBED:
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7 ESQUIRE REPORTING, Inc
8 Laura E. Melton R.M.R
9 Email: lauraemelton@yahoo.com
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11 422 Camden Avenue
12 Stuart, FL 34994
13 772-283-8002
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15 505 S. Second St., Ste 210
16 Fort Pierce, FL 34950
17 772-464-7955
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19 1-800-282-8803
20 Fax 772-283-5168
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