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HomeMy WebLinkAboutMinutes 06-23-2010 St. Lucie County Board of Adjustment 1 St. Lucie County Administration Building Commission Chambers 2 June 23, 2010 3 9:30 a.m. 4 5 A compact disc recording of this meeting, in its entirety, can be obtained 6 from the Planning and Development Services Department along with these 7 Minutes. A fee is charged. In the event of a conflict between the written 8 minutes and the compact disc, the compact disc shall control. 9 10 11 CALL TO ORDER 12 Chairman Mr. Ron Harris called the meeting to order at about 9:30 A.M. 13 14 ROLL CALL 15 Ron Harris ........................................ Chairman 16 Diane Andrews ................................. Vice Chair 17 Bob Bangert ..................................... Board Member 18 Richard Pancoast ............................. Board Member 19 Buddy Emerson ................................ Board Member 20 21 MEMBERS ABSENT 22 None 23 24 OTHERS PRESENT 25 Heather Young ................................. Assistant County Attorney 26 Diana Waite ...................................... Senior Planner 27 Michelle Hylton ................................. Senior Staff Assistant 28 29 ANNOUNCEMENTS 30 Ms. Young addressed the Board regarding a civil action pending on the appeal 31 filed by the Conservation Alliance, Indian Riverkeeper, and George Jones. She 32 said because of the civil action, the parties have agreed to cancel the hearing, 33 which may be re-advertised for a later date. 34 35 Agenda Item #1 – Minutes 36 37 Mrs. Andrews motioned approval of the minutes. 38 Mr. Pancoast seconded, and the motion passed unanimously. 39 Agenda Item #2 – Eugene Nawrocki BA 420104053 40 BOA Minutes Page 1 of 3 June 23, 2010 1 Diana Waite, Senior Planner, presented the petition: 2 This Item is the request of Eugene Nawrockifor a variance from the 3 Provisions of Section 7.04.01(Table 7-10), of the St. Lucie County Land 4 Development Code to permit the expansion of a swimming pool screen 5 enclosure which will encroach a maximum of 5 foot into the minimum rear 6 setback of 20 feet required in the West Hammock section of the Harbour 7 Ridge PUD Zoning District. 8 9 Ms. Waite stated staff has reviewed this petition and determined that it does not 10 conform to the standards of review as set forth in St. Lucie County Land 11 Development Code and may be in conflict with the goals, objectives, and policies 12 of the St. Lucie County Comprehensive Plan. She concluded staff is 13 recommending denial of the requested variance. 14 15 Mrs. Andrews asked whether the screen enclosure has been in place since 1989. 16 Ms. Waite stated yes, but it currently meets the setback. 17 18 Chairman Harris opened the public hearing. 19 20 Eugene Nawrocki, the applicant, explained he needs to extend his deck in order 21 to keep his balance when cleaning. He also stated the current enclosure is very 22 weak. Mr. Nawrocki stated there were other residents in Harbour Ridge who 23 have had the same variance. 24 25 Mrs. Andrews asked whether Mr. Nawrocki had lived in the house since 1989. 26 Mr. Nawrocki stated no, but the house was built that year. 27 28 Peggy Epperson, Community Association Manager for Harbour Ridge, spoke in 29 favor of the petition. She stated the Association has had three prior approvals, 30 and if there were a change, she would want to let the members know before they 31 go to the expense of the process. 32 33 Mr. Pancoast stated every one of these cases is heard on their own merit, but he 34 does not remember one that has been denied. 35 36 Mrs. Andrews asked if it were possible for the homeowner’s association to 37 request a blanket variance for the development. Ms. Young stated there has to 38 be a certain percentage of the residents to sign a petition. 39 40 BOA Minutes Page 2 of 3 June 23, 2010 Mr. Bangert stated in many of the cases they have heard there is nothing in back 1 of the home, but he does not think he would agree with a blanket because there 2 might be homes on the other side. 3 4 Mr. Harris concurred with Mr. Bangert, and said the case has merit because it is 5 a safety concern. 6 7 Having no further public comment, Mr. Harris closed the public hearing. 8 9 Mr. Bangert made the motion: 10 After considering the testimony presented during the public hearing, 11 including staff comments, and the standards of review as set forth in 12 Section 10.01.00 of the St. Lucie County Land Development Code, I 13 hereby move that the Board Of Adjustment approve the petition of Eugene 14 and Dianne Nawrocki for a variance from the provisions of Section 15 7.04.01, of the St. Lucie County Land Development Code to permit the 16 expansion of the swimming pool deck and enclosure to encroach 5 feet 17 into the minimum rear setback of 20 feet required in the Harbour Ridge – 18 Planned Unit Development Zoning District, because there are no 19 residents that are opposed to it, the property owners association is in favor 20 of the variance, it is no problem for the golf course that it butts up against, 21 and there is no problem with safety conditions. 22 23 Mr. Pancoast seconded. The motion carried unanimously. 24 25 Mr. Harris addressed errors in the resolution within the Board packet. 26 27 Agenda Item #3 – Conservation Alliance of SLC, Indian Riverkeeper & 28 George L Jones APP 520104062 29 30 Mr. Harris opened the public hearing. 31 32 No one spoke. 33 34 Mr. Harris closed the public hearing. 35 36 Ms. Young advised Mr. Harris that no action is required. 37 38 Having no further business, the meeting adjourned at about 9:45 a.m. 39 BOA Minutes Page 3 of 3 June 23, 2010