HomeMy WebLinkAboutMinutes 08-27-2008
1
St. Lucie County Board of Adjustment
2
St. Lucie County Administration Building Commission Chambers
3
August 27, 2008
4
9:30 a.m.
5
6
7
CALL TO ORDER
8
Chairman Mr. Ron Harris called the meeting to order at 9:30 A.M.
9
10
11
ROLL CALL
12
Ron Harris ..................................Chairman
13
Bob Bangert.................................Vice Chairman
14
Diane Andrews...........................Board Member
15
Buddy Emerson...........................Board Member
16
Richard Pancoast........................Board Member
17
18
19
OTHERS PRESENT
20
Linda Pendarvis...........................Planner
21
Aneela Ansar...............................Senior Planner
22
Heather Young............................Assistant County Attorney
23
Veronica Torres ..........................Senior Staff Assistant
24
25
26
ANNOUNCEMENTS
27
None
28
29
Agenda Item #1 – Minutes
30
31
Approval of the Minutes of Regular Meeting of July 23, 2008.
32
33
Mrs. Andrews motioned approval of the minutes; Mr. Pancoast seconded.
34
35
The motion carried unanimously.
36
37
38
Page 1 of 8
Public Hearing Leslie Schneider
1
August 27, 2008 BA-620081486
2
3
Mr. Ron Harris stated that one of the Board Members, Mr. Pancoast wishes to recuse
4
himself.
5
6
Leslie Schneider for a Variance from the Provisions of Section 7.04.01(Table 7-10) of
7
the St. Lucie County Land Development Code to permit the construction of a new
8
swimming pool with screen enclosure that encroaches a maximum of 4.47 feet into the
9
minimum rear setback of 15 feet required in the RS-3 (Residential, Single family –
10
3du/acre) Zoning District.
11
12
The purpose of the petition is for the construction of a new swimming pool with screen
13
enclosure for a single family residence.
14
15
The future land use designation of the subject parcel is RU and the future land use
16
designation of the adjoining property to the north, east, south and west is also RU which
17
allows 5 du/acre. The zoning district is of the subject parcel is RS-3 and the zoning
18
district of the adjoining property to the north, east, south and west is also RS-3 which
19
allows 3 du/acre.
20
21
Pictures shown:
22
?
Aerial photo shows most of the neighborhood is developed with single family
23
residences.
24
?
A zoomed in picture of the property where the applicant requested relief. The
25
applicant proposes a swimming pool in the setback area which will encroach 4.47
26
feet into the minimum rear setback of 15 feet required in the RS-3 Zoning District.
27
The area from this property line to the building line is 30.5 feet.
28
?
The photo shown is the area of the property and photographs of structures at
29
site.
30
?
The two properties are on the rear setback where they are proposing a swimming
31
pool.
32
?
The side setback is where the staff says there is enough space for applicant to
33
propose a swimming pool on the side setback.
34
35
Staff finds the subject property has adequate area in the side yard along the north
36
property line where the swimming pool with screen enclosure could be constructed.
37
38
According to St. Lucie County Code Enforcement, there are no outstanding or pending
39
violations on the subject property.
40
41
The variance sought arises from conditions that are not unique, and not necessarily a
42
hardship as defined in the St. Lucie County Land Development Code. The need for the
43
requested variance is created by the desire of Leslie Schneider to be granted
44
permission for the construction of a new swimming pool with screen enclosure to the
45
46
Page 2 of 8
Public Hearing Leslie Schneider
1
August 27, 2008 BA-620081486
2
3
rear of the property whereas the pool and enclosure could be construction on the north
4
side yard area without a variance.
5
6
Staff has reviewed this petition and determined that it does not conform to the standards
7
of review as set forth in Section 10.01.02, St. Lucie County Land Development Code
8
and may be in conflict with the goals, objectives, and policies of the St. Lucie County
9
Comprehensive Plan. Staff is, therefore, recommending denial of the requested
10
variance.
11
12
Public Comment
13
14
Mrs. Leslie Schneider stated they had built their home in 2005. In doing so approached
15
the County; the County had required them to build their home up 27 inches on Davis
16
Street. The dead end street where they had built their home is the highest point on
17
Davis Street. The fact that they had to build it up 27 inches higher than any of the
18
surrounding homes has made their home exceptionally high.
19
20
The lots are very narrow so how they have their house positioned off the front easement
21
they have a septic system, then they have the house and so it pushes their house back
22
even further. At least that very narrow part of their backyard is very high. It is on a very
23
narrow slope and for them to build a pool, there is enough room for them to put a
24
swimming pool back there without encroaching on the easement but it only leaves 6
25
inches to place a deck.
26
27
If someone was to get out of the swimming pool on the deck they are going to fall 27
28
inches. To put a screen enclosure on there they are stuck between a rock and a hard
29
place because to put a screen enclosure they can’t even get out of the swimming pool.
30
It is a safety issue. She and her husband decided what the minimum that they would
31
really need to encroach on that back easement so they can safely get out of the
32
swimming pool and not encroach as much as they would want to on the back setback of
33
the house.
34
35
Then speaking about them building on the north lot, it is not practical because there is
36
no access to a rest room; they have to get in and out to go into the house. They do not
37
have city water where they are so there is a well on that property, if something was to
38
happen to that well they have no options if there is a swimming pool on that property.
39
40
During this past tropical storm, Fay if anyone had come down their street they would
41
have noticed that is where all the water drains. If they were to put a pool there the
42
water is going to back up behind their home and it is going to back up into both of their
43
neighbors in the back; they call that Lake Schneider. They have gone from Mount
44
Schneider to how high their house is in relation to all the other homes on their street to
45
when a tropical storm or hurricane it is Lake Schneider. The whole lot will fill up and it
46
Page 3 of 8
will even fill up in front of their driveway. They rely on that for drainage, not only for
1
themselves but for their neighbors as well.
2
3
It is a safety issue, they want a swimming pool which they can put in but with their
4
house being so high to abide by St. Lucie County Codes, which they did, they can’t do it
5
without a rear deck. They still have to build a stem wall, that is an incurred cost with a
6
swimming pool because they have to reinforce the swimming pool and then put the
7
screen enclosure over it.
8
9
Mr. Bangert commented that he was sure that there are a lot of people in Port St. Lucie
10
and Lakewood Park that would happy to trade houses with her last week.
11
12
Mrs. Schneider stated that her neighbor had made a comment about the flooding
13
because there is still standing water in their yards. They were back there the other night
14
and even with it as high as their water is it is still ankle deep. If they build a swimming
15
pool on the north side it is going to be shin or knee deep and possibly into their
16
neighbor’s homes behind them. It is not practical. He made a comment about flooding
17
and she said “There is no flooding at her house” and even when she went into the
18
insurance company because they did the Florida Safe Homes they even made a joke
19
about, “Oh did you get any flooding” because they know how high their home is.
20
21
They did everything right in building their home by the County; they didn’t put a
22
swimming pool at the time because their daughter couldn’t swim. If their daughter could
23
swim when they were building the home this would not be an issue. Now she can swim
24
and they want a swimming pool.
25
26
Mrs. Andrews commented out of curiosity she wanted to know why they built their home
27
so far south since there is all that property on the north side. The pool could have gone
28
sideways.
29
30
Mrs. Leslie Schneider commented that honestly she couldn’t answer. Their neighbor to
31
the north of them works on cars. He works on hot rods, he is a mechanic, his home is
32
not aesthetically pleasing and he has been under Code violation many times. He has a
33
lot of people going there, they have small children and they would like to keep it as far
34
to the south as they could so that they can see who is coming and going with their
35
children being outside. With people that they don’t know, being a mechanic they would
36
like to keep everything closer to the end of the street so they can monitor it.
37
38
Mr. Pancoast stated his name and address.
39
40
Ms. Heather Young asked if he had conflict on this petition and wanted to know if he
41
was going to file a Conflict Memo.
42
43
Mr. Pancoast replied that he did not have a conflict.
44
45
Page 4 of 8
Ms. Young stated it was not really appropriate for him to participate in the discussion as
1
a member of the Board.
2
3
Mr. Pancoast asked if the fact that he sent in a letter of approval was that sufficient.
4
5
Ms. Young commented that should be sufficient and that he should be on the list.
6
7
Mr. Bangert made motion to approve.
8
After considering the testimony presented during the public hearing including staff
9
comments, and the Standards of Review as set forth in Section 10.01.02 of the St.
10
Lucie County Land Development Code hereby move that the Board of Adjustment
11
approve the Petition of Leslie Schneider for a variance from the Provisions of Section
12
7.04.01, of the St. Lucie County Land Development Code to permit the construction of a
13
new swimming pool with screen enclosure that encroaches a maximum of 4.47 feet into
14
the minimum rear setback of 15 feet required in the RS-3 (Residential, Single Family- 3
15
du/acre) Zoning District because after soliciting the neighbors none of the neighbors at
16
this point have any argument against the pool being put in. The Board has allowed
17
many similar cases in the past.
18
19
Mr. Harris stated that there would be no increase in traffic to the neighborhood.
20
21
Mrs. Andrews stated that it is a logical place to put the pool because of where their patio
22
is and the access. She had no objections.
23
24
Mr. Andrews seconded the motion.
25
26
Motion passed 3-0.
27
Page 5 of 8
PUBLIC HEARING Maryon A. Thiery
1
August 27, 2008 BA-620081493
2
3
Maryon A Thiery,
Petition of for a variance from the Provisions of Section
4
7.04.01(Table 7-10), of the St. Lucie County Land Development Code to permit the
5
construction of a covered porch/carport which will encroach a maximum of 11 feet into
6
the minimum front setback of 25 feet required in the RS-4 (Residential Single Family 4)
7
Zoning District.
8
9
The applicant is requesting a variance because of a handicap person who resides at the
10
residence asking that this porch be put up so that they would be covered from inclement
11
weather before they get into the transportation.
12
13
The requested variance is not in conflict with the purpose and intent of the Land
14
Development Code, which seeks in part to preserve, protect, and improve the public
15
health, safety, comfort, good order, appearance, convenience and general welfare. The
16
requested variance is not in conflict with the Goals, Policies, and Objectives of the
17
Comprehensive Plan.
18
19
Staff has reviewed this petition and determined that it conforms to a strict interpretation
20
of the standards of review as set forth in Section 10.01.02, St. Lucie County Land
21
Development Code and is not in conflict with the Comprehensive Plan. Staff is,
22
therefore, recommending approval of the requested variance
23
24
PUBLIC COMMENT
25
26
Maryon Thiery stated on October 2, 2007 her husband had a catastrophic accident and
27
he has a brain injury. He goes with medical van transportation who comes and picks
28
him up and at this point they have to load and unload him on the wheelchair out on the
29
street. He has several times with the nurse, even with umbrellas has gotten soaked.
30
He is in the wheelchair and in the hospital bed and one of the worse things they fight
31
against is pneumonia. For him to get wet and come inside to the air-conditioning is
32
detrimental to his health. This is a request so that whenever the transportation brings
33
him to and from he will be under a covering.
34
35
Hearing no further comments in favor or in opposition to the petition, Chairman
36
Harris closed the public portion of the meeting.
37
38
Mrs. Andrews made motion.
39
After considering the testimony presented during the public hearing, including staff
40
comments, and the standards of review as set forth in Section 10.01.02 of the St. Lucie
41
County Land Development Code, hereby move that the Board of Adjustment approve
42
Maryon A. Thiery
the Petition of for a variance from the Provisions of Section 7.04.01,
43
of the St. Lucie County Land Development Code to permit the construction of a covered
44
porch/carport, which will encroach a maximum of 11 feet into the minimum front
45
46
Page 6 of 8
PUBLIC HEARING Maryon A. Thiery
1
August 27, 2008 BA-620081493
2
3
setback of 25 feet required in the RS-4 (Residential Single Family 4) Zoning District
4
because this is a matter of accommodating a handicap and because of safety of the
5
gentlemen’s health. There are whole subdivisions that have been granted a setback
6
variance in the RS-4 District from 25 to 15 feet so she sees no reason to deny it here.
7
8
Mr. Bangert seconded the motion.
9
10
Mr. Ron Harris stated he would like to amend the motion to indicate a maximum of 11
11
feet plus or minus. We have not seen any construction plans; there is normally variation
12
in construction so the Board needs to allow the applicant a little leeway there.
13
14
Mrs. Andrews inquired if it was the addition of the words “plus or minus” 11 feet; she did
15
agree.
16
17
Motion passed unanimously.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
Page 7 of 8
Public Hearing
1
August 27, 2008
2
3
4
Other Business
5
6
Chief Emerson arrived at 9:50 a.m.
7
8
Ms. Heather Young commented because Mr. Pancoast lives in the notice area for the
9
Leslie Schneider petition she will prepare a Conflict Memo and he would have to sign
10
that for the record.
11
12
Adjourned 9:55 a.m.
13
14
Page 8 of 8