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HomeMy WebLinkAboutJuly 27, 2011 Approved Minutes1 St. Lucie County Board of Adjustment 2 St. Lucie County Administration Building Commission Chambers 3 July 27, 2011 4 9:30 a.m. 5 6 A compact disc recording of this meeting, in its entirety, can be obtained from the 7 Planning and Development Services Department along with these Minutes. A fee is 8 charged. In the event of a conflict between the written minutes and the compact disc, the 9 compact disc shall control. 10 11 CALL TO ORDER 12 Chairman Ron Harris called the meeting to order at 9:31 A.M. 13 14 ROLL CALL 15 Ron Harris ...........: ........................... Chairman 16 Diane Andrews ................................ Vice Chair 17 Richard Pancoast ............................ Board Member 18 Bob Bangert ..................................... Board Member 19 20 MEMBERS ABSENT 21 Buddy Emerson ............................... Board Member (Excused) 22 23 OTHERS PRESENT 24 .Katherine Barbieri ............................ Assistant County Attorney 25 .Kara Wood ....................................... Planning Manager 26 Jeffrey Johnson ............................... Senior Planner 27 Beverly Austin .................................. Executive Assistant 28 29 ANNOUNCEMENTS 30 Mr. Emerson has an excused absence. 31 32 Agenda Item #1 -Minutes of June 22, 2011 33 Mrs: Andrews motioned approval of the minutes. 34 Mr. Pancoast seconded and the motion carried unanimously. 35 36 Agenda Item #2 -Petition of Aimee Cablish & Eric Townsend for a Variance 37 ,from the Provisions of Section 11.05.2.(D) of the St. Lucie County LDC. 38 Jeffrey Johnson, senior planner stated this was a public hearing and legal 39 advertisement was placed in the St. Lucie News Tribune on July 14 and a public 40 hearing notice sign was installed on the property on July 13, 2011. Seven mailing 41 notices were sent to property owners within 500 feet of the subject property and BOA Minutes Page 1 of 4 July 27, 2011 42 to date no objections have been received. The purpose of the variance request 43 is to allow a Class A mobile home to deviate from the minimum roof pitch 44 requirements of not less than 1 foot of rise for each 4 feet of horizontal run as 45 stated in Section 11.05.02.(D) of the Land Development Code. The zoning 46 district designation and land use are AG-5, Agricultural 5 and the subject 47 property is a 1.56 acre parcel located at 13599 C-24 Canal Road. The lot is 48 defined as a legal non-conforming lot of record per Section 10.00.04 of the Land 49 Development Code. Principal and accessory buildings may be constructed on 50 the lot provided that all other applicable land development code requirements are 51 met. The land is vacant and there are currently no dwelling units within one mile 52 of the property. 53 54 Mr. Johnson stated on July 5th the Board of County Commissioners approved a 55 Class A mobile home permit for Aimee Cablish and Eric Townsend to place a 56 mobile home on the subject property. This approval allowed the mobile home to 57 be defined as a single family home with the condition that the mobile home 58 meets the aesthetic criteria stated in Section 11.05.02.(D). This criteria has been 59 met with the exception of the minimum roof pitch, which requires the applicant to 60 either modify the existing 2/12 roof pitch requirement or obtain a variance from 61 the minimum 3/12 roof pitch requirement prior to the issuance of a certificate of 62 occupancy. 63 64 The requested variance is the result of conditions unique to the structure in 65 question. The applicant purchased the mobile home with an existing 2/12 roof 66 pitch, less than the minimum required 3/12 roof pitch on the property. Modifying 67 the roof pitch requires substantial engineering design to the mobile home which 68 is governed under the Department of Motor Vehicles. This would result in an 69 unnecessary hardship. for the owner considering there would be no perceived 70 impact on the neighboring property if the roof pitch is not modified. It should be 71 noted that land development code requirements do not require a minimum roof 72 pitch for a single family home. Staff has reviewed this petition and determined 73 that it conforms to the standards of review as set forth in Section 10.01.02 of the 74 St. Lucie County Land Development Code; therefore, staff is recommending 75 approval of the requested variance. 76 77 Chairman Harris asked the Board if they had any questions for staff. 78 79 No questions were asked of staff. 80 Chairman Harris opened the public hearing. 81 82 Eric Townsend of 361 Johnson Street, Ft. Pierce, was sworn in by the recording 83 secretary. He stated he did not have any questions. 84 Chairman Harris .asked Board .members if they had any questions for Mr. 85 Townsend. BOA Minutes Page 2 of 4 July 27, 2011 86 87 Mrs. Andrews asked about the application regarding the temporary use of the 88 mobile home until the applicant builds on the subject property; what happens to 89 the mobile home after the permanent home is built. 90 91 Mr. Townsend stated the mobile home comes off; he will try and purchase more 92 property to put the mobile home on and use as a rental. 93 94 Mrs. Andrew stated she would agree to give a variance but with a condition that 95 when the mobile home is moved to another location; it again would meet the 96 criteria for that location. The applicant may have to get another variance. 97 98 Mr. Townsend agreed with Mrs. Andrews' comments. He stated it is temporary, 99 he is trying to do a cash build so no more than 5 years. He is going to work, 100 save and build; he was able to get the property paid for which cut some costs. In 101 this economy he is able to do the build. 102 103 Chairman Harris closed the public hearing. 104 105 Mr. Bangert made a motion to approve: 106 After considering the testimony presented during the public hearing, 107 including staff comments, and the standards of review as set forth in 108 section 10.01.02 of the St. Lucie Land Development Code, I hereby move 109 that the Board of Adjustment approve the petition of Aimee Cablish and 110 Eric Townsend for a variance from the provisions of section 11.05.02(D), 111 of the St. Lucie Land Development Code to allow a Class A mobile home 112 to have a roof pitch of 2/12, less than the minimum required 3/12 roof pitch 113 at 13599 C-24 Canal Road in the AG-5 (Agricultural-5) Zoning District, 114 because it is on a temporary basis and there will be a home built. 115 116 Mrs. Andrews wanted to add the condition-that when the temporary use 117 of the mobile home is over and moved off the property, it has to go 118 through the approval process again. 119 120 Mr. Johnson stated the Board could make a condition of approval in the 121 resolution but that is a standard Code requirement. If they were to move it 122 off the property they would have to comply with Code anyway. 123 124 Chairman Harris stated Mr. Johnson was correct; it the mobile home is 125 moved to a different location. 126 Mrs. Andrews asked if this variance would be carried with it. 127 BOA Minutes Page 3 of 4 July 27, 2011 128 Chairman Harris stated the variance is attached 'to the property at that 129 location. 130 131 Mrs. Andrews withdrew the condition and seconded the motion. 132 The roll was called: 133 Mrs. Andrews ................................... yes 134 Mr. Bangert ...................................... yes 135 Mr. Pancoast ................................... yes 136 Mr. Harris ......................................... yes 137 The motion passed 4-0. 138 139 OTHER BUSINESS 140 A. Other Business at Board Members' discretion. 141 None. 142 143 B. Next regular Board of Adjustment meeting. 144 Ms. Wood stated to-date no applications have been received for the 145 up-coming months so the August meeting is cancelled. A notice will be 146 sent out to confirm. 147 148 Having no further business, the meeting was adjourned at 9:41 am. 149 150 151 BOA Minutes Page 4 of 4 July 27, 2011