HomeMy WebLinkAboutJune 22, 2011 Approved Minutes1
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St. Lucie County Board of Adjustment
St. Lucie County Administration Building Commission Chambers
June 22, 2011
9:30 a.m.
A compact disc recording of this meeting, in its entirety, can be obtained from the
Planning and Development Services Department along with these minutes. A fee
is charged. In the event of a conflict between the written minutes and the compact
disc, the compact disc shall control.
CALL TO ORDER
Chairman Ron Harris called the meeting to order at 9:30 A.M.
ROLL CALL
Ron Harris ......................................:. Chairman
Diane Andrews ................................. Vice Chair
Richard Pancoast ........................:.... Board Member
Bob Bangert ..................................... Board Member
MEMBERS ABSENT
Buddy Emerson ............................... Board Member (Excused)
OTHERS PRESENT
Katherine Barbieri ............................ Assistant County Attorney
Kara Wood ..........:............................ Planning Manager
Linda Pendarvis ............................... Planner
Beverly Austin .................................. Executive Assistant
ANNOUNCEMENTS
Mr. Emerson has an excused absence.
Agenda Item #1 -Minutes of February 23, 2011
Mrs. Andrews motioned approval of the minutes.
Mr. Bangert seconded and the motion carried unanimously.
Agenda Item #2 -Petition of Joseph Davis for a Variance from the Provisions of
Section 7.04.01(8) & 7.04.04 of the St. Lucie County LDC.
Linda Pendarvis, planner presented the petition:
BOA Minutes
Page 1 of 7
June 22,.2011
40 The petition of Joseph Davis for a Variance from the Provisions of Section
41 7.04.01(B) and 7.04.04 of the St. Lucie County Land Development Code.
42
43 Ms. Pendarvis stated this is a quasi judicial public hearing with proof of advertising in
44 the agenda packet. A copy of the legal ad was printed on June 8, 2011. The mailing
45 list of 472 property owners received the standard notice with 68 responses. Of the 68,
46 four had no opinion, 13 were in favor and 51 were not in favor. The 51 not in favor were
47 from the residential condominium development known as Vista St. Lucie; of the 472
48 notices sent out 448 were to these property owners. There is a small area of the
49 development located within the 500 foot notification radius because the development is
50 a condominium with common ownership.
51
52 The purpose of this variance application is to allow the reconstruction of a commercial
53 building which will encroach a maximum of 30 feet into the minimum front setback of 70
54 feet. The building on the subject property was constructed in 1979 and is currently
55 setback for South US 1 ten feet; surrounded by Commercial General Zoning District to
56 the north, south, east and west. The existing structure is nonconforming because the
57 front of the building encroaches into the required front setback by 60 feet. Section
58 7.04.04 of the Land Development Code established a base building line (BBL) setback
59 for South US 1 from the centerline of the road which is 100 feet. The required front
60 setback for a building in the CG Zoning District is 25 feet. The minimum front setback
61 for a building on the subject property is comprised of the base building line setback of
62 100 feet plus the minimum 25 feet front setback for a required 125 feet setback, which
63 is measured from the centerline of the road. Variance request is not entirely in conflict
64 with the purpose and intent of the Land Development Code which seeks in part to
65 preserve, protect and improve the public's general welfare and is not in conflict with the
66 Comprehensive Plan. However, it does not conform to a strict interpretation of the
67 standards of review as set forth in Section 10.01.02. Staff is recommending denial of
68 the requested variance.
69
70 Chairman Harris asked the Board if they had questions for staff.
71
72 Mrs. Andrews asked how the proposed 40 feet setback compares to the others in the
73 area.
74
75 Ms. Pendarvis stated to the south of the subject property there are a few buildings that
76 were also constructed prior to the current code; so they do encroach into the existing
77 required 70 feet setback. The property to the north of the subject property has a current
BOA Minutes Page 2 of 7 June 22, 2011
78 and existing site plan that was approved in 2005 and that shows buildings setback at
79 185 feet.
80
81 Mrs. Andrews asked not all of the right of way is purchased.
82
83 Ms. Pendarvis stated correct.
84
85 Mr. Bangert had no comment.
86
87 Chairman Harris stated for the Board members' benefit and knowledge, looking at the
88 northwest corner of the property on the survey, there is a dash line to the east of the
89 existing right of way line and it says TIITF line (The Internal Improvement Trust Fund),
90 Deed Book 100, page 583.
91 *NOTE: The correct page number is 563.
92 He did not have the opportunity to pull that book and look at it but generally when there
93 is a TIITF line, which is a road right of way reservation that was reserved by the State
94 when they sold this property back in the 1930's. The way that line is described is 100
95 feet each side of the center line as that state road now exists. The applicant have the
96 opportunity, should he chose to expand, to exercise his right and use that line.
97 Chairman Harris stated he would bet that it is a Murphy Deed and he has asked
98 someone to pull the deed for him. If this is an issue for the Board members, if they have
99 concerns; this meeting could be continued until the Board -get this information or the
100 meeting could continue on as we are doing. The choice would be the Board's.
101
102 Mr. Pancoast stated from the survey, the original building, the slab that is there now is
103 actually built past the center of the road. When did that happen?
104
105 Chairman Harris stated that would be correct. The TIITF Deeds were issued a long
106 time ago and people forget about them as time goes by and all of a sudden there they
107 are and they can create a problem.
108
109 Mrs. Andrews asked would the State have the right to demolish.
110
111 Chairman Harris stated no, the State would not demolish it; that's getting into
112 acquisitions and he is not an expert in acquisitions. There is another line on the survey
113 that says "15 foot license" and he does not see any recorded information on that and is
114 not sure what the license is for. That is something else that he would like to look at if
115 possible. It is up to the Board members on how they choose to proceed with this
116 matter.
BOA Minutes Page 3 of 7 June 22, 2011
117 Mrs. Andrews asked Ms. Pendarvis if the zoning department got to look at this
118 application.
119
120 Ms. Pendarvis stated no, they did not.
121
122 Mr. Bangert stated he would like to hear from the applicant.
123
124 Mrs. Andrews stated yes.
125
126 Mr. Pancoast stated they.are already here and can make the determination to continue
127 at any time.
128
129 Chairman Harris stated he agreed.
130
131 Chairman Harris opened the public hearing.
132 Mr. Rick Gilbert of 2165 SE Brisson Avenue, Port St. Lucie, FL 34952 was sworn in by
133 the recording secretary. He stated he is Joseph Davis' agent. Mr. Davis, the current
134 owner acquired this property in early 2000 and a remodel had been done by the
135 previous owner: The remodel was not substantial to code; there were so many
136 violations both structurally and electrical that was discovered after the purchase that
137 they went into a lawsuit which eventually was dropped. There were so many problems
138 the only choice was to demolish it and at the time with a different general contractor, we
139 sought to "grandfather" to rebuild. For many reasons, the economy being a big part,
140 and the owner not knowing the steps that needed to proceed to get the new building
141 built; that did not happen and now it is an eyesore. The owner .now has the funds
142 available to improve the property. There are a few issues that are preventing us from
143 backing the building up. There is a lift station; two drains and grease trap approximately
144 20 feet in the back of the building that is preventing the building from backing up. To
145 keep from the .cost of a major site plan approval, :the owner has agreed to build a new
146 building less than 6,000 feet and bring it up to all current codes and be an asset for the
147 county.
148
149 Mr. Pancoast asked what type of building will be put up, such as a restaurant or a store
150 front.
151
152 Mr. Gilbert stated it would be for future use, two parts-front half and a back half and the
153 owner may attempt to lease it out with a future build out. It would have a 12 foot high
154 wall; there are some preliminary drawings. It is not sure what the use is going to be yet
155 but there is some interest with the community in leasing it out.
BOA Minutes Page 4 of 7 .June 22, 2011
156 Mr. Richard Rappa of 308 Holly Avenue, Port St. Lucie, FL was sworn in by the
157 recording secretary. He stated there are preliminary sketches of a CBS building; the
158 proposed ceiling height is 12 foot, top of the wall and a lot of landscaping.
159
160 Mr. Pancoast stated he knows they have to live up to certain codes; he was interested
161 in what type of proposed use like a restaurant.
162
163 Mr. Rappa stated currently it is for tenant space/lease; that is as far as it has gotten. At
164 this point there are no tenants but the residents of River Park are upset and complaining
165 about the look. The owner just wants to get the structure up.
166
167 Mr. Pancoast stated he was playing with the numbers; he was trying to get a feel for the
168 actual distance of the building; what it would be from the TIITF line. Would that be
169 about 25 feet?
170
171 Chairman Harris stated it would be about 20 feet by scale.
172
173 Mr. Pancoast stated he was only one member and does not want to speak for everyone
174 but if there was a way for this to be worked out today and not hold them up, he would be
175 in favor of that.
176
177 Mrs. Andrews stated she agrees but she would like to know how many parking spaces
178 you can get in this use.
179
180 Mr. Rappa stated a tremendous amount; a lot of open space.
181
182 Mrs. Andrews stated that would influence what could be done with the building.
183
184 Mr. Bangert had no questions at the time.
185
186 Ms. Wood stated she had not addressed the Board directly before but wanted to
187 address those questions about some of the larger site planning issues. Currently the
188 variance issues are being dealt with so there is no draft site plan or architectural plan to
189 review but they will all be fully reviewed when the applicant comes in for a building
190 permit. In terms of the site plan for parking, the applicant will decide how much parking
191 they will be designing for the square footage. When the applicant comes in for a use,
192 they will have to show that those uses are consistent with the parking numbers that they
193 have designed for their site plan. We have conducted a site visit and looked at their
BOA Minutes Page 5 of 7 June 22, 2011
194 square footage for. parking and vehicular use areas; it appears they have plenty of
195 space to accommodate parking for the square footage that they are proposing.
196
197 Mr. Pancoast stated he would like to move this ahead. It is in the county's interest to
198 help small businesses get up and running, provide jobs and if this was a real serious
199 encroachment, he would feel different about it.
200
201 Chairman Harris asked if there was anyone else to speak for or against this item.
202
203 There was none.
204
205 Chairman Harris closed the public hearing.
206
207 Mr. Bangert made a motion to approve:
208 After considering the testimony presented during the public hearing, including
209 staff comments, and the standards of review as set forth in section 10.01.02 of
210 the St. Lucie County Land Development Code, I hereby move that the Board of
211 Adjustment approve the petition of Joseph Davis for a variance from the
212 provisions of section 7.04.01(B) and 7.04.04 of the St. Lucie Land Development
213 Code to allow the reconstruction of a commercial building which will encroach a
214 maximum of 30 feet into the minimum front setback of 70 feet located at 7180
215 South US1 in the CG (Commercial General) Zoning District because there are
216 also at this time; other properties within the setback that violate the variance. It
217 also will be a big improvement to the area and provide jobs.
218
219 Mr. Pancoast seconded the motion.
220 The roll was called:
221 Mrs. Andrews ................................... yes
222 Mr. Bangert ...................................... yes
223 Mr. Pancoast .................................... yes
224 Mr. Harris ......................................... yes
225 The motion passed 4-0.
226
227 OTHER BUSINESS
228 A. Other Business at Board Members' discretion.
229 None.
230
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232
BOA Minutes Page 6 of 7 June 22, 2011.
233 B. Next regular Board of Adjustment meeting.
234 Ms. Pendarvis stated there may be a petition next month regarding aClass-A
235 mobile home with a pitched roof issues.
236
237 Having no further business, the meeting was adjourned at 10:09 am.
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BOA Minutes Page 7 of 7 June 22, 2011