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HomeMy WebLinkAboutJuly 28, 2010 Agenda PackagePlanning and Development Services Department MEMORANDUM TO: Board of Adjustment THROUGH: Kara Wood, Planning Managerw FROM: Linda Pendarvis, PlannerA DATE: July 28, 2010 SUBJECT: Petition of Phillip Oates, for a variance from the Provisions of Section 7.04.01(A), of the St. Lucie County Land Development Code to permit the construction of a swimming pool which will encroach a maximum of 9 feet into the minimum rear setback of 15 feet required in the RS-4 (Residential, Single Family — 4 du/ac) Zoning District. ITEM NO. Z GENERAL INFORMATION: APPLICANT: Phillip Oates 5913 Yucca Drive Fort Pierce, FL Phone: 772-528-2734 AGENT: A & G Pools Mike Fordresher 410 Saeger Avenue Fort Pierce, FL Phone: 772.878.7752 Fax: 772.467.1624 LOCATION: 5913 Yucca Drive ZONING DISTRICT: RS-4 (Residential, Single Family — 4 du/ac) FUTURE LAND USE: RU (Residential, Urban) PARCEL SIZE: 0.22 acre PROPOSED USE: Swimming Pool SURROUNDING ZONING: RS-4 (Residential, Single Family-4du/ac) Zoning District Petition: Phillip Oates File No.: BA-520104063 July 28, 2010 . Page 2 TRANSPORTATION IMPACTS RIGHT-OF-WAY SCHEDULED IMPROVEMENTS: None. STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a Variance to 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 Section 7.04.01(A), are literally enforced; ADEQUACY: The existing right-of-way for Yucca Drive is 60 feet. that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Section 7.04.01(A), of this Code, and not by an action or actions of the property owner or the applicant. The subject property is located at 5913 Yucca Drive, Indian River Estates Subdivision and zoned RS-4 (Residential, Single Family — 4 du/ac), which requires a minimum setback of 15 feet from the rear property line. Mr. Oates would like to construct a swimming pool in the rear yard of the subject property. Minimum Setback Re uirements Zoning District Front Setback Rear Setback Side Setback RS-4 25 feet 15 feet 7.5 feet Actual Setbacks to Existing House Front Setback Rear Setback Right Side Setback Left Side Setback 42.5 feet 25.2 feet 11.6 feet 11.7 feet Mr. Oates purchased the property in 2002 and the house was constructed in 2005. When the house was constructed on the property it was placed an additional 17.5 feet farther back than the required minimum 25 foot front setback, thereby reducing the rear yard area. This limited rear yard constrains where a swimming pool may be placed on the property. The variance sought arises from conditions that are unique, but not necessarily a hardship as defined in the St. Lucie County Land Development Code. The need for the requested variance is created by the choice of location of the house and the desire of Mr. Oates to construct a swimming pool in the rear yard of his property. Petition: Phillip Oates File No.: BA-520104063 July 28, 2010 Page 2 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 public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The granting of the requested variance is not expected to impair or injure other property or improvements in the neighborhood. Mr. Oates intends to place a four foot fence around the swimming pool as required by 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 the minimum needed to allow for the construction of the swimming pool in the location desired by the applicant. 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 and may not necessarily be in conflict with the St. Lucie County Comprehensive Plan. Comments The subject parcel and the adjacent parcels were developed approximately around the same time period. The house on the subject property was constructed in 2005 and has a front setback of 42.5 feet. The home on the subject property is now at a disadvantage because it was placed farther back on the lot with a deeper front setback, thereby limiting the use of the rear yard. • The house located to the north of the subject property was constructed in 2006 and has a front setback of 28 feet. • The house located to the south of the subject property was constructed in 2005 and has a front setback of 30 feet. Recommendation Staff has reviewed this petition and determined that it may not necessarily be in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. However, the requested variance 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. Please contact this office if you have any questions on this matter. Attachments lap CC., Phillip Oates, Property Owner Mike Fordresher, A&G Pools, Agent Katherine Smith, Asst. County Attorney File Suggested motion to approve/deny 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 PHILLIP OATES FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01(A), OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO PERMIT THE CONSTRUCTION OF A SWIMMING POOL, WHICH WILL ENCROACH A MAXIMUM OF 9 FEET INTO THE MINIMUM REAR SETBACK OF 15 FEET REQUIRED IN THE RS-4 (RESIDENTIAL, SINGLE FAMILY - 4 DU/AC) ZONING DISTRICT, 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 10.01.00 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF PHILLIP OATES FOR A VARIANCE FROM THE PROVISIONS OF SECTION 7.04.01 (A), OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO PERMIT THE CONSTRUCTION OF A SWIMMING POOL, WHICH WILL ENCROACH A MAXIMUM OF 9 FEET INTO THE MINIMUM REAR SETBACK OF 15 FEET REQUIRED IN THE RS-4 (RESIDENTIAL, SINGLE FAMILY -4 DU/AC) ZONING DISTRICT, BECAUSE.... (CITE REASON WHY - PLEASE BE SPECIFIC). rn to wn "l 14-00-goy-yo ca J N 7 LL I 174 m D U 10 c . _ as wdsive as tiQ OOewvG cc 9) L cc C 0 CL G. O t C CD 0 V! LO lip? yic xr n - F dr ST. LUCIE COUNTY GROWTH MANAGEMENT 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 —Fax: 772-462-1581 www.stlucieco.gov/growth DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. Please contact the Growth Management Department to schedule an appointment. Submittal Type rcheck each that appliesl Site Plan ❑ Major Site Plan ❑ Minor Site Plan ❑ Major Adjustment to Major Site Plan ❑ Major Adjustment to Minor Site Plan ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Minor Adjustment to Major Site Plan ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PR" ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use 1 ❑ Conditional Use ❑ Major Adjustment to a Conditional Use El Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance ❑ Variance ❑ Variance to Flood Damage Prevention ❑ Variance to Coastal Setback Line Rexonina 3 ❑ Rezoning (straight rezoning) ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Rezoning with Plan Amendment Comprehensive Plan Amendment a ❑ Future Land Use Map Change ❑ Comprehensive Plan Text Amendment Other ❑ Administrative Relief ❑ Class A Mobile Home e ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change 6 ❑ Land Development Code Text Amendment' ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # ❑ Stewardships - Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements 9 Auplication Suppiement Packages 1. Conditional Use 4. Comp. Plan Amendments 7. LDC Text Amendment 2. Variance 5. Class A Mobile Home 8. Re- Submittal 3. Rezoning / Zoning Atlas Amend. 6. Historical Designation/Change 9. Waiver to LDC/Comp. Plan Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the anpropriate non- refundable fee(s). %O@Wed fhl - - - - MAY 46-30 Page 1 of 6 ,�, 10 Revised July 14, 2009 <*'#iftawrlant FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — GROWTH MANAGEMENT Application Type:. VW, W br, Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) BASE REVIEW FEE: 13 CONCURRENCY FEE: p ERD REVIEW FEE: p PER ACREAGE CHARGE: 0 RESUBMITTAL FEE: (if applicable) p OTHER SUBTOTAL OF BASIC FEES: Cj PRE -APPLICATION MEETING FEE: (F) Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: 'O(A) $ (B) (C) (D) (E) ZN deduction SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code p $950.00 — Methodology Meeting (G) (If Applicable) • Additional fees will be due if a 3`d party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3`d party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Growth Management. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; le. Fire District and proof of pa m t will be required prior to project approval. Pre -A lication Meeting Request �' tr Vim, Applicant Name (Printed) Signature of applicant Page 2 of 6 Revised July 14, 2009 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: WAppplication, completed in black ink, with property owner signature(s) and notary seal (1 original armed 9 copies) EY Aerial Photograph — property outlined (available from Property Appraiser's office lPloperty Deed ®/Legal description, in MS Word format, of subject property VPoperty Tax Map — property outlined (electronic copy not required) Survey 13 2 CDs of all documents submitted - 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: 0 Site Plan 24"x36" at a scale of 1"=50' (10 copies- folded, not rolled) 0 Boundary Survey — Signed and Sealed (10 originals) E3 Topographic Survey — Signed and Sealed (10 originals) E3 Landscape Plan — Signed and Sealed (10 originals) 13 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)) CI 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: 0 Letter of justification —submitted at least 2 weeks prior to expiration. (LDC 11.02.06) D Updated Traffic Analysis if applicable (4 copies) C1 Approved Resolution or GM Order *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 will invalidate the results of any hearing(s). _ Page 3 of 6 _ Revised July 14, 2009 ,�JIProject Information Project Name: C)a4e5' jef> (. cLc ' '� Site address: 5Q 13 Y ( I ( i VAL Parcel ID Number(s): Legal Description: (Attach additional sheets if. necessary —also must be provided in MS Word format on CD) IO+-as1Bloce.Bq,T Twer&sb�a,uiulNine, and irr� lai +hAtvF 05 fu� te� fqt ?4,fuNa.Peeeds ersfla�C� -�c Property location — Section/Township/Range: Property size — acres: A Square footage:, , �a Future Land Use Designation: 0 A Zoning District: A , n�b 6. � Description of project: ar4v'�[ a '5w t rrvrrrYnJO Pw (Attach additional sheets if necessary) Type of construction (check all applicable boxes): 0 Commercial Total Square Footage: Existing Proposed: O Industrial Total Square Footage: Existing Proposed: Residential No. of residential units: Existing i Proposed: N 1i No. of subdivided lots: Existing Proposed: 13 Other Please specify: Number and size of out parcels (if applicable): 951/ K sz3 3 Page 4of6 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. ACKNOWLEDGMENTS Name: Address: Phone: w �111[• �+ Fax: 11 Name: Add Phone: -712 — 7F" Fax: 1701 ` Cf (a 7 Please indicatepue individual to receive all official correspondence on this project. Name: I BPhone: J lam• 1S J W / / G_ Addre s: r ` Alternate Phon `97257 �{ Email Addres (Please use an address that can accept overnight package 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 approval. The property owner's signature below shall also serve as auth do for the above applicant or agent to act on behalf of said property owner. r I I e y_ wner Qtg4ure Irroperly Owner Name (Printed) Mailing der ss: !7 Y Phone: If more than one owner, please submit additional pages STATE OF , COUNTY OF�• C+�- The foregoing instrument was acknowledged before me this_ day of, 20 L 0 by `t' [ �-Ali,p OT-Q-S who is personally known to me or who has produced 111i CQYJ as identification. Cy signature of o ary I ype or Print Na r e Of o ary Commission Number (Seal) ; JANS�SHBp" o.�u�rnny, HhRD _ Pale 5 of 6 ; =�� Y Domm# DDo72 Revised July 14, 2009 EXplrea 12/14/2011 e ��i�mr``° Fbrfda No ...................:....... �►YAsan., Inc � Required 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 CD Aerial Photograph PDF Aerial. df -Application PDF Application.pdf Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchElev. df Boundary! Topographic Survey PDF BoundaryTopo.pdf Drainage / Stormwater Plan PDF Draina ePln. df Easements PDF Easements. df Environmental Impact Report PDF or Word EIR. df or EIR.doc Existing Condition Plan PDF Existin Cond. df Flood Plain PDF or Word Flood. pdf 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. df 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 Utiliity Plan PDF Utiliit . df Vegetation Removal Application PDF Ve etation. df ---P-age-6-of-6 Revised July 14, 2009 Print Form Supplement 2 Variance Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details 1. 1 (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.) .n , , , _ 1 r 11 _ 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is grantecj. / ntnnnrlln...n�AL ii1 Ndna- .1,. r�nhLldH A /h 11n1t f,/ Ali"►Mnivl^ h/7Ff1 U� State the specific hardspip jmpo�ed on the owner by the LDC? f P 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same h dship. �1t)rrl�n/IAr►DA g hnf lhf ���- LnJ �C .4n �n►v r,�.► nvrrn�r-r-� t� noF kVva 5. State reasons why this variance will not be injurious to other property and/or 6. State reasons why this variance will not increase traffic, the danger of fire, or impair propgrty yalues in the neighborbpoq in which the subject prgperty is located. 1 I 7. State why this variance is the minimum variance that will make possible a reaso�nabl u e of the land, buildingand structures. ` N nl ; ,bA P k- � I W Ft- ✓1vM'Otf�1-1A Page 1 of 3 Revised: December 4, 2008 amffecj MAY 26 2010 Supplement 2 8. Explain how this proposed variance is consistent with the general spirit of the LDC and they qt. Lucie County Comprehensive Plan. 9. Is this variance request located hin a Homeowners or Property Owners Association? YES NO wi 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. 10. Name of Association N JA 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. • 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. Ph% I h Applicant or Agent Name (prin ed) Signature Page 2 of 3 Revised: December 4, 2008 V n Ica &MAY 26 2010 Corporate Warranty Deed This Indenture, made this 6th day of September A.D. 2002 Between J.A. Weir General Contractor, Inc. whose post office address is: 6108 Yucca Drive Ft, Pierce, FL 34982 a corporation existing under the laws of the State of Florida , Grantor and Phillip Oates whose post office address is: 5108 Hickory Drive Ft. Pierce, FL 34982 Grantee, Witnesseth, that the said Grantor, for and in consideration of the sum of ( Ten & NO/100 ) Dollars, to it in hand paid by the sold Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee forever, the following described land, situate, lying and being in the County of St. Lucie , State of Florida, to wit: Lot 23, Block 89 of INDIAN RIVER ESTATES UNIT NINE, according to Plat thereof as recorded in Plat Book 10, Page 74, of the Public Records of St. Lucie County, Florida. Subject to covenants, restrictions and easements of record. Subject also to taxes for 2001 and subsequent years. Parcel Identification Numbers 3402-610-0591-000/5 And the said Grantor does hereby fullywarrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. In Witness Whereof, the said Grantor has caused this instrument to be executed in Its name by its duly authorized officer and caused its corporate seal to be affixed the day and year first above written. J.A. Weir General Contractor, lc. Signed and Se din Orr PresettCe; By: J es A. Weir lls President N'iuett fth State of Florida. County of St. Lucie The foregoing instrument was acknowledged before me this 6th James A. Weir, President of J.A. Weir General Contractor, Inc, a corporation existing under the laws of the State of Florid He/She Is pers6nally known to me or has produced Florid Florida RECORD & RETURN TOt First American Title nli' cwD•t 109 North Second Street ero9 Ft. Pierce, Florida 34950 IV4,1- %T... 7,ff,•, <C.. .1 •, Rim (Corporate Seal) Nf W •J CJ day of September 2002 �pWw ii U :, y y�. V L'�wv.OV(- LEGAL DESCRIPTION FOR SUBJECT PROPERTY LOT 23, BLOCK 89 OF INDIAN RIVER ESTATES UNIT NINE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 74, OF THE PUBLIC RECORDS OF MARTIN COUNTY, FL SAMW ST 125 125 125 10 ko 125 125 125 2 125 125 125 $, 21 coo 3 12 125 125 22 a, 4 125 125. 2 M 125 125 2' C}- 125 0611- co Ctl} ". 1"25 125 125 000/6) 2 � 125 125 28 10 125 125 125 125 S 12 125 125 1 1 (010- 0 99- Q 125 AFFIDAVIT COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS STATE OF COUNTY OF 1 J- ! V) ( qy Cj&�__) being first duly sworn deposes and states: 1. I am the owner or the a ent for IT (insert owner's name) for the following petition: M T 2.01 Obi' Via (insert petition number). 2. 1 hereby certify that I have complied with the notice requirements set forth in Sec io 11 00.3.E of the St. Lucie County Land Development Code for the (insert date) public hearing to be conducted by the 0MOu (insert entity name) on the above -referenced petition. I ne requi ea sign was printed and posted to the specifications listed on the Sign Content ano . i Requirements forms provided by St Lucie County Planning Division oi'(date). The following required documentation is attached: f �7 A. Dated Photo (Close up) t ►"� 0 B. Dated Photo (Distant)�� Further atfiant sayeth not. (Na 6eof ffiant) STATE OF COUNTY t.._. T The foregoing instrument was acknowledged before me this V v�'� day of 20kp , by a •�+Y;, e,/ v eA . Said person (Check one) is personally known to me,—�� produced a driver's license (issued by a state of the United States within the last five (5) years as identification, or produced other identification, to wit iesua ... aa a Caab aao.. uni�.�Suup�pp��4u LILLIAN S. 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M epNt M L�1 M M M to M M m M M M M M M M m LLl m m Q N O N BOARD OF COUNTY COMMISSIONERS July 12, 2010 Name Address City, state zip Phillip Oates (File No. BA 520104063) PLANNING AND DEVELOPMENT SERVICES In accordance with the provisions of the St. Lucie County Land Development Code you are hereby advised that Phillip Oates has petitioned St. Lucie County for a Variance from the Provisions of Section 7.04.01(A) of the St. Lucie County Land Development Code to allow the construction of a swimming pool which will encroach a maximum of 9 feet into the minimum rear setback of 15 feet required in the RS-4 (Residential Single Family — 4du/ac) Zoning District for the following described property: LOCATION: 5913 Yucca Drive LEGAL DESCRIPTION: Lot 23, Block 89 of Indian River Estates Unit Nine, according to the Plat thereof, as recorded in Plat Book 10, page 74, of the Public Records of St. Lucie County, FL The public hearing on this petition has been scheduled for July 28, 2010, at 9:30 a.m., or as soon thereafter as possible, in the Commission Chambers, Roger Poitras Annex of the St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of Adjustment should be received by the Planning and Development Services Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Planning and Development .Services Department offices located at 2300 Virginia Avenue, Fort Pierce, Florida. Please call 772-462-2822 if you have any questions or require additional information. The St. Lucie County Board of Adjustment has the power to authorize variances from the dimensional requirements of the St. Lucie County Land Development Code, in accordance with the provisions of Section 10.01.00, of the St. Lucie County Land Development Code. 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. CHRIS DZADOVSKY, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator— Faye W. Outlaw, MPA Website: www.co.st-lucle.fl.us 2300 Virginia Avenue - Fort Pierce FL. 34982-5652 _ PLANNING AND DEVELOPMENT SERVICES PHONE: (772) 462-2822 FAX: (772) 462-1581 NOTICE OF PROPOSED VARIANCE REQUEST Phillip Oates (BA 520104063) Page 2 Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Risk Manager at least forty-eight (48) hours prior to the meeting at 772- 462-1546 or T. D. D. 772-462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. If you should have any questions, additional information may be obtained by calling 772.462-2822 or atyendarvistftstlucieco.orn Please refer to project name and number listed above. Sincerely, BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA Ron Harris, Chairman Form No. 07-33 ••♦ SA TOWST / 1 / 1 1 500 ff. O 1 1 1� 44 1 1 a U I m � � I ® Subject property •• r (N� 500 ft. notification area I\ CPUB - Conservation Public RS-4 - Residential Single Family (4 dulac) ST. LUCIE COUNTY VARIANCE RESPONSE FORM Please Return To: St. Lucie County Planning and Development Services — Planning Division Attn: Beverlee Deans 2300 Virginia Avenue Ft. Pierce, Florida 34982 Fax # 772-462-1581 PROPOSED REQUESTED VARIANCE: Petition of Phillip Oates for a Variance from the Provisions of Section 7.04.01(A) of the St. Lucie County Land Development Code to allow the construction of a swimming pool which will encroach a maximum of 9 feet into the minimum rear setback of 15 feet required in the RS-4 (Residential Single Family — 4du/ac) Zoning District for the following described property: REGARDING PROPERTY LOCATED AT: 5913 Yucca Drive If you wish to comment, please check only one of the three following statements and return no later than July 24, 2010. AM IN FAVOR OF THE REQUESTED VARIANCE ............................................ I AM NOT IN FAVOR OF THE REQUESTED VARIANCE .................................... HAVE NO OPINION TO THE REQUESTED VARIANCE .................................... I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. Name (Please Print): Address: Date: Signed: Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. 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