HomeMy WebLinkAboutMinutes 04-22-2009
St. Lucie County Board of Adjustment
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St. Lucie County Administration Building Commission Chambers
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April 22, 2009
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9:30 a.m.
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A compact disc recording of this meeting, in its entirety, can be obtained from the
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Growth Management Department along with these Minutes. A fee is charged. In
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the event of a conflict between the written minutes and the compact disc, the
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compact disc shall control.
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CALL TO ORDER
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Chairman Mr. Ron Harris called the meeting to order at about 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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MEMBERS ABSENT
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Richard Pancoast ........................ Board Member
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OTHERS PRESENT
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Kristin Tetsworth .......................... Planning Manager
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Linda Pendarvis ........................... Senior Planner
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Katherine Smith ........................... Assistant County Attorney
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Michelle Hylton ............................ Senior Staff Assistant
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Agenda Item #1 – Minutes
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Approval of the Minutes for March 25, 2009.
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Mr. Bangert motioned approval of the minutes; Mrs. Andrews seconded.
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The motion carried 4-0.
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Page 1 of 5
Public Hearing Maryon A. Thiery
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March 25, 2009 BA-320093965
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Agenda Item #2 – Maryon A. Thiery
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Linda Pendarvis presented the petition of Maryon Thiery for an amendment to a
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previously approved variance granted by the Board of Adjustment on August 27, 2008.
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The variance was for an encroachment of 11 feet into the minimum setback of 25 feet
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required in the RS-4 (Residential Single Family, 4 du/acre) Zoning District. Mrs. Thiery
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is requesting the encroachment be increased to allow a maximum encroachment of 23
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feet into the minimum front setback of 25 feet.
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Ms. Pendarvis said the amendment request to the previously approved variance arises
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from conditions that are not necessarily unique and not a hardship as defined in the St.
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Lucie County Land Development Code (LDC). The need for the requested amendment
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is to allow the construction of a 19 ½ x 23-foot carport area within the required front yard
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setback.
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At the conclusion of her presentation, Ms. Pendarvis stated staff has reviewed this
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petition and determined it does not conform to standards of review as set forth in the
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LDC and may be in conflict with the goals, objectives, and policies of the St. Lucie
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County Comprehensive Plan. Staff is therefore recommending denial of the requested
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amendment to the Board of Adjustment Resolution Number 08-022.
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Mrs. Andrews said the original variance that was granted does not specify the width of
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the carport, because it was not required; so if the applicant were to just increase the
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width of the driveway, it would not require a variance but a building permit. Ms.
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Pendarvis confirmed that and stated the encroachment is into the front yard setback,
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and not the side yard setbacks.
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Mrs. Andrews asked if the increase of the width of the driveway would affect the percent
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of coverage allowed. Ms. Pendarvis said she did verify the lot coverage information and
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it does not cause any issues that would affect lot coverage.
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The petitioner Maryon Thiery told the Board several plans were drawn to modify her
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home to meet her husband’s needs after an accident in October 2007 left him in a
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wheelchair. She said the previously approved plans did not meet the needs of a
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disabled person. Mrs. Thiery stated her husband is being loaded and unloaded unsafely
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and unprotected from the weather in the street when the medical van picks him up; the
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size of the medical van is 20 feet long and seven feet wide. She said the two styles of
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vans are rear loading and side loading and they need enough space for the ramp to
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open, as well as the wheelchair and the person pushing it.
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Mrs. Thiery said all of their neighbors are in agreement and supportive of her husband’s
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needs. She said her husband is a veteran and the VA recommends that the disabled
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veterans coming home now should have a 24 foot by 24-foot carport.
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Page 2 of 5
Mrs. Andrews noted the front elevation shows that there is a garage door at the head of
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the driveway, which also appears to be in the Property Appraiser’s photo, but there is a
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window instead of a garage door in the photos submitted by the applicant. Mrs. Thiery
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said there is not a garage door, but the engineer drew it in.
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Mrs. Andrews asked if the 11-foot incursion from the variance granted last year was
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measured from the house. Mrs. Thiery said she couldn’t answer the building questions
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since she does not always get to have any input because it has been handled by
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worker’s comp.
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Chief Emerson asked the contractor on Mrs. Thiery’s home, Eddie McCarthy with Paul
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Davis Restoration and Remodeling, how far the proposed concrete pad is from the
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culvert. Mr. McCarthy said he does not have an exact measurement so he cannot say
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exactly; but he does know that the distance they are asking for from the home is 23 feet
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from the home out.
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Chief Emerson stated his concern is the drainage situation in Indian River Estates, and
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if you are building a structure so close to the drainage structure, it could cause a
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problem.
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Mr. Harris showed Chief Emerson the distance as he measured it on the survey.
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Chief Emerson illustrated on a photo where the front tire of a van was parked on the
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culvert. Mrs. Thiery said they never park there, but the reason for the photo was to
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prove they needed width. She said the plans that were previously drawn did not offer
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enough width. Mrs. Thiery stated her husband is very susceptible to pneumonia and
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needs to be covered from the rain.
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Mr. Bangert asked if he still has to go from the front door to the carport. Mr. McCarthy
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said they would be building a ramp with a five-foot roof section that will attach to the
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carport.
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Chief Emerson asked why the first variance of 11 feet did not work. Mrs. Thiery said
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since January of 2008 there were many plans brought that did not meet the standards
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for a disabled person. She said the David Corey Company takes care of the needs of
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disabled people and Paul Davis does the work. Mrs. Thiery said Corey was possibly not
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involved or did not make a wise decision on the plan that was originally brought to the
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Board. She said Corey got more involved and realized that the plan would not suit her
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husband’s needs.
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Chief Emerson asked why they did not go wider instead of longer. Mr. McCarthy said
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most vehicles are approximately 20 feet long and they only requested 11 feet out from
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the house, so when they pull in they do not have enough area to be able to put the ramp
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down and exit the wheelchair to keep Mr. Thiery under cover.
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Page 3 of 5
Mr. McCarthy said he had the engineer draw up plans that he thought were sufficient to
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meet Mr. Thiery’s needs. After the variance was approved, the Corey Company or
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Travelers Insurance deemed the plans insufficient.
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Mr. Harris asked Mrs. Thiery if she talked to the neighbors north and south of the
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property. Mrs. Thiery said the neighbors are supportive.
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Mr. Harris returned to the Board for discussion.
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Mrs. Andrews said she was troubled by the fact that there were no responses from the
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next-door neighbor or those across the street who will have to look at this; and she
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agrees with Chief Emerson that something else could have been done to avoid this
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large incursion into the setback.
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Mr. Harris said he agrees something else could have been done; the distance to the
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right-of-way is extreme; but he understands the conditions and the situation the
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petitioner is in are extreme also.
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Mrs. Andrews asked if a circular drive would work there. Mr. Harris said it possibly could
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have worked.
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(Chief Emerson excused himself at about 9:55)
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Mr. Harris mentioned that the petitioner does not know which van would show up side
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loading or rear loading; and it would still need to be covered. Mrs. Andrews said if it was
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wide enough it could work; and it would be more attractive as well.
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(Chief Emerson returned at about 9:56)
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Mr. Harris said there are a lot of things that could be done.
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Mr. Bangert made a motion:
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After considering the testimony presented during the public hearing, including
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staff comments, and the standards of review as set forth in section 10.01.02 of
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the St. Lucie County Land Development Code, I hereby move that the Board of
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Maryon A. Thiery
Adjustment approve the petition of for a variance from the
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provisions of section 7.04.01, of the St. Lucie County Land Development Code to
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permit the construction of a covered porch/carport, which will encroach a
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maximum of eleven feet into the minimum front setback of 25 feet required in the
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RS-4 (Residential Single Family 4) Zoning District, because Mrs. Thiery has
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suffered enough problems in life, and the neighbors have no objections to this.
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Having no seconds, the motion was terminated.
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Page 4 of 5
Mrs. Andrews proposed to continue the variance request to give the petitioner a chance
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to come up with a different design that would be more acceptable, yet still meet Mr.
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Thiery’s needs.
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Mr. Harris asked the Board what type of parameters they would like to place. Chief
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Emerson has a concern that this is well beyond what they normally see as a variance;
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because of the hardship presented to them, they should consider an addition to the
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variance that has already been granted. He said he did not think it had been explored
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as much as it could have been; but he does not know how much would be enough.
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Mr. Harris said it looks like the majority of the Board is leaning to continue this, and
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requesting that the applicant come back with a different design that would be more
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acceptable. He asked Ms. Smith if the Board could continue the hearing.
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Ms. Smith said the Board has the authority to continue it but she requested they
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continue to a date certain.
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Mrs. Andrews asked Mr. McCarthy if 30 days was sufficient, and he said it would be.
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Mrs. Andrews stated
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I would like to make a motion to continue this application for a variance to give
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the applicant time to come back with a better design that would decrease the
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amount of the encroachment that is being sought, but still meet the needs of the
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applicant’s husband, and to return to us with a different design on May 27.
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Chief Emerson seconded and stated he wanted the applicant to know that there is a
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portion of the van that could stick out from under the carport but still protect the
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occupants.
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Upon roll call, the motion carried 4-0
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OTHER BUSINESS
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Kristin Tetsworth told the Board staff is cleaning up the versions of Chapters 10 and 12
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that the Planning and Zoning Commission has reviewed, and as soon as they are
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ready, they will be presented to the Board. Ms. Tetsworth said the Board will be able to
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receive it with their May packets.
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Mrs. Andrews volunteered to get them by email to save money.
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Having no further business, the meeting adjourned at about 10:05 a.m.
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