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HomeMy WebLinkAbout08-27-2014St. Lucie County Board of Adjustment Administration Building Commission Chambers AGENDA August 27, 2014 9:30 a.m. CALL TO ORDER ® Pledge of Allegiance ® Roll Call ® Announcements AGENDA ITEM #1 - MINUTES ® Exhibit #1: Minutes of June 25, 2014 ® Action Recommended: Approval ,9 - , AGENDA ITEM #3 — Petition of Idlewild Hutchinson island, LLC for a variance from the provisions of Section 8.00.04(A) of the St. Lucie County Land Development Code that permits a wall to be located in any required front yard provided that the wall does not exceed a maximum height of four feet above the elevation of the center line of the adjacent roadway. ® Exhibit #3: Staff Report Linda Pendarvis ® Action Recommended: Denial OTHER BUSINESS ® Other business at Board Members' discretion NOTICE: The proceedings of the Board afAd/'ustment ape e%Monica//yPecorded. PDXSUA#T TOSectian798bllff, ff N6 Statutes, ifa person decides to appeal anydecision made bythe Bcapd of Ad/'ustmeat with respect to anymatter cans1deped8t8 meeting orheaping, he willneed a recardaftheppaceedings Far such puppose, hemayneed to ensure that a verbatim recapdaf the proceedings m made, which racordmoludes the testimonyand evidence upon which the appeal is to he based. Open the pequestafanypartyta the ppoceeding, tndiuiduals testifying during a hearing will be sworn in. Anypapty to the proceeding willbegpantedan apportunityta crass -examine anyiadiuidua/testifying during a hearing upon pequest lfitbecomesnecessary, a public heapingmaybe cantinuedfrom time to time asmaybe necessapy to a date -certain.. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462- 1777 or TOD 772-462-1428 at least forty-eight (48) hours prior to the meeting. Any questions about this agenda may he referred to the St. Lucie County Board of Adjustment at 772-462-2822. Form No. 07-37 Page 1 of 5 St. Lucie County Board of Adjustment 1 St. Lucie County Administration Building Commission Chambers 2 June 25, ,. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 49T11157'i i� 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 9:30A.M. Ron Harris.............................................Chair Bob Lowe .............................................. Board Member Richard Pancoast..................................Board Member Ron Knaggs ..........................................Board Member MEMBERS ABSENT Buddy Emerson ..................................... Board Member OTHERS PRESENT Katherine Barbieri .................................Assistant County Attorney Diana Waite ..........................................Senior Planner Linda Pendarvis ....................................Planner Beverly Austin ....................................... Recording Secretary ANNOUNCEMENTS None AGENDA ITEM #1 — Minutes of May 28, 2014 Mr. Pancoast motioned approval of the minutes as written. Mr. Lowe seconded and the motion carried unanimously. AGENDA ITEM #2 — Public Comments None AGENDA ITEM #3 — 41" continuance petition of Brent Norman for a variance from the provisions of Section 7.04.01 of the St. Lucie Land Development Code to allow a screened enclosure for a pool to encroach 1.4 feet and 1.75 feet into the minimum side yard setbacks as required in the Portofino Shores PUD zoning district. Staff report by Linda Pendarvis. Draft BOA Minutes June 25, 2014 Page 2 of 5 41 Linda Pendarvis, planner stated the petition was originally presented at the January 23, 2013 BOA 42 public hearing and was continued to allow the applicant time to have the screen enclosure drawn on 43 the survey and provide a signed copy of the POA letter that acknowledges the proposed 44 encroachment. 45 46 At the last public hearing for this petition on January 22, 2014 this Board continued this item for a 47 fourth time at the request of the applicant to a date certain of June 25, 2014. The applicant has not 48 been able to obtain a letter of approval from the Portofino Shores PUD POA Board. Staff's review of this petition and determined that it 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, but is not in conflict with the goals, objectives, and policies of the St. Lucie County comprehensive Plan. Staff recommends denial of the requested variance. Chairman Harris opened the meeting for discussion and questions of staff Mr. Pancoast stated the record will indicate that the last time we were here; he questioned whether the Board should go any further with this. There is a cost to the taxpayers of St. Lucie County; we have given this 4 hearings. He thinks whatever fees were charged in the beginning have been worn out a long time ago. He would like a legal opinion from the county attorney or whether we should continue any further and if there are any legal reasons to continue. Ms. Barbieri, assistant county attorney stated this is a Board discretionary item on whether to continue. Legally the Board can continue the hearing but staff's recommendation is that it must be set for a date certain. Mr. Pancoast stated he does not know how the other Board members feel but he would be in favor in giving a specific date that things can't be pulled together by that period that this case die a natural death. Mr. Lowe asked the county attorney that if the Board go against the HOA because evidently there is still no letter of approval from the HOA; are we liable for anything. Ms. Barbieri stated the Board is not liable. The county has rules and the Board of Adjustment is ruling on those. The HOA has their own rules and they enforce those rules themselves; we don't enforce their rules. Mr. Brent Norman of 6128 Santa Margarito Drive, Ft. Pierce, FL was sworn in and gave his reasons for the Board to approve his variance. His attorney asked the county attorney could the Board agree to the variance without the HOA agreement. The county attorney stated the Board has broad authority to take action. He understands that they cannot proceed until he has both the county and HOA permission. In this situation, since we have done all reasonable actions and now are forced into legal actions which could take up to 18 months to do; we are asking the Board to go ahead and approve this variance as requested. Mr. Harris stated this has been going on for 18 months and a letter has not been produced. In the past, it has been this Board's policy never to approve a variance that was within a HOA unless we had a HOA sign off. He will not be supporting this. He will be looking for a denial. Draft BOA Minutes June 25, 2014 Page 3 of 5 89 Ms. Barbieri stated whoever makes the motion should base it on the four things that are in the code 90 and if the fact the he does not have a HOA letter is part of the reason that they will do it under 91 granting the variance will not ... that they feel that it will impair and injure other properties because the 92 HOA has not done it which would be... because there is nothing specific in the code about the HOA. 93 94 Chairman Harris opened the public hearing 95 No one spoke 96 Chairman Harris closed the public hearing 97 98 Mr. Pancoast made a motion to DENY with the assistance of the county attorney: After 99 considering the testimony presented during the public hearing, including staff comments, and the 100 Standards of Review as set forth in section 10.01.00 of the St. Lucie County Land Development 101 Code, I hereby move that the Board of Adjustment deny the petition Brent and Theresa Norman for 102 a variance from the provisions of Section 7.04.01, of the St. Lucie County Land Development Code 103 to allow a screened enclosure for a pool to encroach 1.4 feet and 1.75 feet into the minimum side 104 yard setbacks of 6 feet as required in the Portofino Shores PUD zoning district because the 105 variance does not arise from conditions that are unique and peculiar to the land, structures and 106 buildings involved. That granting of the variance will impair or injure other property or improvements 107 in the neighborhood in which the subject property has not been able to get any letters from the 108 neighbors saying otherwise; that it will impair the adequate supply of light or air to adjacent to public 109 streets and that the variance will not make possible the minimum required use of the land, building 110 or structure. Mr. Knaggs seconded the motion. 111 112 The roll was called: 113 Chairman Harris Yes 114 Mr. Pancoast Yes 115 Mr. Lowe Yes 116 Mr. Knaggs Yes 117 118 AGENDA ITEM #4 - Eminent Domain Waiver determination for Florida Department of 119 Transportation (FDOT) for 1200 West Midway Road/aka Marathon Gas Station. Staff report by 120 Diana Waite. 121 122 Diana Waite, Senior Planner presenting staff comments for the application of FDOT requesting an 123 Eminent Domain Waiver for property located at 1200 West Midway Road. The property owner's 124 legal representative contacted our office for general information and discussion regarding the 125 proposal. No other comments have been received. 126 127 The subject parcel is located on the northwest corner of West Midway Road and Sunrise Boulevard, 128 in White City. The Florida Department of Transportation (FDOT) is preparing to widen West Midway 129 Road from two to four lanes and requires additional right-of-way from the subject parcel for the 130 project. Approximately 10 feet of this parcels' Midway Road frontage is proposed for acquisition. The 131 subject parcel includes a convenience store with gas pumps approved as a conditional use with a 132 site plan project known as Marathon Gas Station. The surrounding uses include: an existing church 133 to the east, undeveloped land to the west, a retail store to the south and single family homes on the 134 north and east side of Charlotta Street. The existing landscape buffer and front setback for this 135 parcel is currently not conforming to the zoning district. With the proposed right-of-way acquisition, 136 the existing landscape buffer and front setback would be decreased by 3 feet. Specially, this 137 request is for: Draft BOA Minutes June 25, 2014 Page 4 of 5 ® An 8 foot waiver from the 25 foot building setback requirement in the parcel's CN Zoning District. The pump islands would be setback 17 feet from the new property line, rather than the existing 20 feet. ® The second item is a 9.2 foot waiver from the'landscape buffer along a portion of West Midway Road. The proposed landscape plan provides a buffer ranging from the 5'8" to 20 feet wide along this parcels frontage. The purpose of the requested waiver is to allow the existing business to operate similar to its pre - acquisition condition. In this case, approval will improve the non -conformities on the parcel. FDOT has submitted a cure plan for the remainder parcel that depicts the alternative landscape plan along Midway Road and the 17 foot setback between the new property line and the existing gas pump island. Staff would note that the new roadway designs will include a six foot sidewalk and bike lane between the subject property lines and the travel lanes. If approved, the cure plan and the landscape plan will be incorporated by reference into the approval order for the proposed waiver. Staff has reviewed this petition and has found that the waiver conforms to the standards of review as set forth in St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends approval of the requested wavier. Chairman Harris opened the meeting for discussion and questions of staff Mr. Pancoast stated if by chance in one of these cases we were to decide to NOT approve it (it's just a question) does that mean FDOT is forced to buy the whole property? Lynn Zolezzi of Land Design South 400 Columbia Drive, Suite 101, West Palm Beach Florida was sworn in. She is the representative for Florida Department of Transportation (FDOT). She stated you can only take a portion of the property used for the roadway. You can't take the entire property, there is a necessity issue. FDOT can compensate the property owner to a certain extent but not buy the entire property and redevelop. FDOT looks at issues and try to cure the property as best they can and then pay for the improvements. Chairman Harris disclosed that he reviewed this cure plan as a member of county staff and in no way it affects his decision. The reason for the eminent domain waiver is to hold down the cost of right-of-way acquisitions. Ms. Zolezzi stated this will be a signalized intersection at Sunrise which is an improvement to the area. In general it is a very good plan and we met the criteria of granting the waiver. Chairman Harris opened the public hearing None Chairman Harris closed the public hearing Mr. Pancoast made a 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 10.01.00 of the St. Lucie County Land Development Code, I hereby move that the Board of Adjustment approve the petition of Florida Department of Transportation (FDOT) for an Eminent Domain Waiver from the provisions of Section 7.04.01 of the St. Lucie County Land Development Code to permit a building to encroach 8 feet into the minimum front setback and to reduce the Draft BOA Minutes June 25, 2014 Page 5 of 5 185 required landscape strip along West Midway Road to 5 feet 8 inches, as shown on the cure plan 186 because the cure plan will improve the property. Mr. Lowe seconded the motion. 187 188 The roll was called: 189 Chairman Harris Yes 190 Mr. Pancoast Yes 191 Mr. Lowe Yes 192 Mr. Knaggs Yes 193 194 The Board had a discussion with the FDOT representative and Glenn Spivey, the appraiser of how 195 the process works. Mr. Spivey of 399 Tequesta Drive, Tequesta, FL was sworn in. 196 197 OTHER BUSINESS 198 Mr. Lowe asked about the summer meeting schedule. Mr. Knaggs stated he will be on vacation for 199 the July meeting. 200 201 ADJOURN 202 Having no further business, the meeting was adjourned at 10:1lam. Draft BOA Minutes June 25, 2014 T6371anning and Development Services Depa[FE B C TO: Board of Adjustment THROUGH: Leslie Olson, Planning Manager ` FROM: Linda Pendarvis DATE: August 27, 2014 SUBJECT: Petition of Idlewild Hutchinson Island, LLC for a variance from the provisions of Section 8.00.04(A) of the St. Lucie County Land Development Code that permits a wall to be located in any required front yard provided that the wall does not exceed a maximum height of four feet above the elevation of the center line of the adjacent roadway. ITEM NO. III LOCATION: Approximately 2/3 of a mile north of Regal Drive, on the east side of State Road A1A (Parcel ID # 1414-310-0005-000-1) PARCEL SIZE: +/- 1.25 acres ZONING DISTRICT: HIRD (Hutchinson Island Residential District) FUTURE LAND USE: RH (Residential High — 15 du/acre) EXISTING USE: Vacant PURPOSE: The petitioner proposes to construct a four foot wall, two feet above the maximum height measured above the elevation of the centerline of the roadway adjacent to the front property line in the HIRD (Hutchinson Island Residential District) Zoning District SURROUNDING ZONING: Zoning District Designations of Abutting Properties To the north: HIRD (Hutchinson Island Residential District) To the south: HIRD (Hutchinson Island Residential District) To the east: Not Available To the west: CPUB (Conservation Public) Board of Adjustment Petition: Idlewild Hutchinson Island, LLC August 27, 2014 Page 2 of 5 Background The petitioner, Idlewild Hutchinson Island, LLC is proposing to construct a privacy wall along their front property line on a +/- 1.25 acre parcel located on North Hutchinson Island, approximately 2/3 of a mile north of Regal Drive, on the east side of State Road A1A. Land Development Code (LDC) Section 8.00.04(A) permits a wall, fence or landscape berm to be located in any required front yard provided that the wall, fence or landscape berm does not exceed a maximum height of four feet'above the elevation of the center line of the adjacent roadway. The proposed variance is to allow the construction of a four foot wall, two (2) feet above the maximum height measured above the elevation of the centerline of the roadway adjacent to the front property line in the HIRD (Hutchinson Island Residential District) Zoning District. The intent of the regulations is to restrict property owners from creating a berm and then constructing a four foot wall on top of the berm. Toporsu' rAr -... M U AT KOO. 16AT M,( f MWO MIX AM D (J ) rt3 TCEMR COOT. 5-1 UCC 1 F DISH A14D VARIT WTI STQF 3 O wA U ". 6 1,IXT CH R111DF E r_. _.. r1< ra Psi) NOS: COMRACT ALL SUBM WALL DETAIL Board of Adjustment Petition: Idlewild Hutchinson Island, LLC August 27, 2014 Page 3 of 5 North to South Al A Center Line Property Line Adjacent to Roadway (location of proposed wall with new to 0 9.16 11.2 9.00 11.4 8.93 10.8 10.5 10.8 Average 9.03 10.94 Previous Approvals On March 27, 2013 the Board of Adjustment granted a variance to permit single family residence to exceed the 35 foot maximum building height by 6.67 feet. On May 16, 2013 the Building Department issued a building permit to construct a 3 story single family residence on the subject property. In reviewing this application for a variance from 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 Chapter 7 are literally enforced; that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Chapter 7, of this Code, and not by an action or actions of the property owner or the applicant. The variance does not meet this standard as the request is the result of the desire of the property owner to construct a four foot concrete wall two (2) feet above the maximum height measured above the elevation of the centerline of the roadway adjacent to the front property line. There are no unique or particular physical on -site conditions that would result in an unnecessary hardship for the owner. Board of Adjustment Petition: Idlewild Hutchinson Island, LLC August 27, 2014 Page 4 of 5 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 property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The granting of the requested variance is not expected to harm other property or improvements in the neighborhood, neither is it expected to impair an adequate supply of light or air to adjacent public streets, increase the danger of fire, or endanger the public safety. The property is surrounded by vacant lands and the closest residential structure lies over a '/a mile to the west and south. The proposed improvements to the property should not impact property values. 3. The variance requested is the minimum variance that will mace possible the reasonable use of the land, building, or structures. The requested variance is the minimum needed to allow the construction of a four foot wall along the front property line. 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 variance desired is Land Development Cod Recommendation e The variance sought arises from conditions that are imposed by the applicant and does not necessarily qualify as a hardship as defined in the St. Lucie County Land Development Code. Staff has reviewed this petition and determined that it 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. Board of Adjustment Petition: Idlewild Hutchinson Island, LLC August 27, 2014 Page 5 of 5 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 IDELEWILD HUTCHISON ISLAND, LLC FOR A VARIANCE FROM THE PROVISION OF SECTION 8.00.04 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO ALLOW THE CONSTRUCTION OF A FOUR FOOT WALL, TWO FEET ABOVE THE MAXIMUM HEIGHT MEASURED ABOVE THE ELEVATION OF THE CENTERLINE OF STATE ROAD A-1-A FOR THE SUBJECT PROPERTY BECAUSE....... (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING 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 DENY THE PETITION OF IDELEWILD HUTCHISON ISLAND, LLC FOR A VARIANCE FROM THE PROVISION OF SECTION 8,00.04 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO ALLOW THE CONSTRUCTION OF A FOUR FOOT WALL, TWO FEET ABOVE THE MAXIMUM HEIGHT MEASURED ABOVE THE ELEVATION OF THE CENTERLINE OF STATE ROAD A-1-A FOR THE SUBJECT PROPERTY BECAUSE....... (CITE REASON WHY - PLEASE BE SPECIFIC) ST. L LJO GC CO U, M ril C planning Development 23ruices BepaHment a, MViSioLl 2300 Vfrginla Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 DEVELOPMENT APPLIICATOON A pre -application conference is recommended prior to Main application submittal. Please contact the Planning Division to schedule an appointment Sujbmi,U'al TmW&Tback bite Man�e9onin� each that ��Ipp - Lpejs Ei Major Site Plan El Rezoning (straight rezoning) El Minor Site Plan 11 Rezoning (includes PUDIPNRD/PPkfiUD) Ei Major Adjustment to Major Site Plan n Rezoning with Plan Amendment Ei Major Adjustment to Minor Site Plan Irehensive Plan Amendment 4 Ei Major Adjustment to PUD/PNRD/PMUD El Future Land Use Map Change 11 Minor Adjustment to Major Site Plan Ei Comprehensive Plan Text Amendment Ei Minor Adjustment to Minor Site Plan Other n Minor Adjustment to PUD/PNRD/PMUD 0 Administrative Relief Planned Devello ment Ei Class A Mobile Home 5 Ej Planned Town or Village (PTV) El Developer Agreement (Submit per LDC • Planned Country Subdivision (PCS) 11.08.03) • Planned Retail Workplace (PR" Ei Power Generation Plants ii Prelim. Planned Unit Develop. (PUD) Ei Extension to Development Order Ei Prelim. Planned Mixed Use Develop. (PMUD) 0 Historical Designation/Change 6 Ei Prelim. Planned Non -Res. Develop. (PNRD) El Land Development Code Text Amendment Ei Final Planned Unit Develop. (PUD) El Plat Ei Final Planned Mixed Use Develop. (PMUD) 0 Post Development Order Change Ei Final Planned Non -Res. Develop. (PNRD) Ei Re -Submittal # 8 Conditional Use I Ei Shoreline Variance Ei ConditionalUse11 Stewardships ® Sending/Receiving • Major Adjustment to a Conditional Use ii Telecom Tower (Submit per LDC 7.10.23) • Minor Adjustment to a Conditional Use Variance 2 Ei Transfer of Development Rights 0 Administrative Variance 0 Waiver to LDC/Comp. Plan Requirements o Appeal of Decision by Administrative Officiallo q. Variance o Eminent Domain Waiver" Ei Variance to Coastal Setback Line 1. Ap licaVon SURRLementr Pacl�a es Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2. 3. Variance 7. LDC Text Amendment Administrative official Rezoning / Zoning Atlas Amend. 8. * Re- Submittal 11. Eminent Domain Waiver 4. Comp. Plan Amendments g. Waiver to LDC/Comp. Plan 5. Class A Mobile Home Requirements Refer to Fee for applicable fees. All required materials must be included at the time of submittal along livith the appropriate non-refundable fee(s). Page I of 6 Revised May 6, 2013 ?014 b-mignuoungg Lunvmoov� Application Type: Supplemental Application Pack -age No,: (Please provide separate fee calculation worksheet for �each application type) El BASE REVIEW FEE: $ (A) El CONCURRENCY FEE: $ (8) El ERD REVIEW FEE: $ (C) El UTILITIES $ El PER ACREAGE CHARGE: $ (D) El RESUBMITTAL FEE: (if applicable) $ _ (E) El OTHER $ SUBTOTAL OF BA,,WC FEES - El PRE -APPLICATION MEETING FEE: (F) deduction Receipt No. of Payment: Date of Pro App: BALANCE OF FEES DUE: SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5. 11.01 of the St. Lucie County Land Development Code El $950.00 — Methodology Meeting (H) (if Applicable) ® Additional fees will be due if a 3rd party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 31d party. • Please note: For all projects requiring public notice, You will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". 9 • Other fees may be applicable by other external reviewing agencies; i.e e rict and proof of payment will be required prior to project approval. r- e ilq R Applicant Name (Printedl (For office use only) INTAKE REVIEWER - —SIGNATURE VERIFIED BY- SIG —NATURE File Number: Page 2 of ' Revised February 13, 2014 I DATE Receipt Number: 'r6le is provided) as a FaFbjinder. Pl0850 see MP00008 Code SOCUORS for more det0e col subb m6ttap msuits. requlre ,AAPi SubmKIMS Wr9UST Lo's in (­,om.ppete cooldledj and colld'dedl --Gts. A50 appOlcations rflugg include the following.. 0 Application, completed in black ink, with properly ovyner signatureqs) and notary seal (I original and 11 copies) El Aerial Photograph — property outlined (available from Property Appraiser's office El Property Deed 0 Legal description, in MS Word format, of subject property El Property Tax Map — property outlined (electronic copy not required) EJ Survey (24x36) El 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) El Concurrency Deferral Affidavit; or El 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 AppPkatlons must also include: El Site Plan 24")(36" at a scale Of V=50'(12 copies- folded, not rolled) El Boundary Survey (24x36) — Signed and Sealed (12 originals) 0 Topographic Survey (2446) — Signed and Sealed (12 originals) El Landscape Plan —Signed and Sealed (12 originals) 0 Traffic Impact Report (TIR) (4 copies) if., 0 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) El Environmental Impact Report (4 copies) if.(See LDC Section 11.02.09(5)) • The property is ten acres or greater • The properly, regardless of size, contains a wetland; • The property is identified on the "Native Habitat Inventory for SLC"; • The proposed development is located in whole, or part, within the One Hundred Year. Flood Plain; • Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: El Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11,02.06) El Updated Traffic Analysis if applicable (4 copies) El Approved Resolution or GM Order Final Plats only require 2® (ffo➢low Wc1ficMilons above) & 4=g2gjes of the following: El Main Application and back up material El Approved Site Plan and copy of approved Development Order ❑ Plat - Include e)dra copies of Plat for applicable conditions of approval *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 February 13, 2014 Project Site address: Parcel ID Number(s): Legal Description: (Attach additional sheets if necessary — s0so must be prolfidsd in MS Word format on CD) Property location — Section/Township/Range- Property size — acres:— Square footage: Future Land Use Designation: Zoning District: Description of project: (Attach additional sheets if necessary) Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing ❑ Industrial Total Square Footage:* Existing Residential No. of residential units: Besting No. of subdivided lots: Existing ❑ Other Please specify: e-L&O 1-.,e ) Number and size of out parcels (if applicable): Page 4 of 6 Revised February 13, 2014 Proposed: Proposed: Proposed - Proposed: SPECD[PL HOTE PLEA SE FkEAD BEFUCH M( aV4` s SELGJT) 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. AC KNO CVtq L E 0 0 M E Rif 73 MA-A—H'-Cang into t? . Business Name:' Llk& I. f2, VZ0� Name: Add ess: (Please use an address that can accept overnight Agantinformanon. Business Name: Name: a(/av'n Address: Mo, (Please use an address that can accept overnight packages) packages) Phone: 1q) Phone: a17 Fax: Fax: 182P D EmailAM-01-0 Pi"58 no both aPpHcant and agent will receive all official correspondence on this nroia&.- Property Owner information This application and any application supplement will not be considered complete without the notarized signature of all ro (an owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. o erty owner's signature below shall also serve as authorization for the above applicant or agent to act al of said property owner, Property J er Sign i I yre Property Owner ame (Print° Mailing Address: r r. Zff) Phone: If more than one owner, please submit additional MUDW pages STATE OF IVL:�Ll COUNTY OF The foregoing instrument was acknowledged before me this -2 —04L,- day of , — 2o-L9-- by who is personally known to me or who has produced /V6� 01VIJOLUM of INUldry Page 5 of 6 Revised February 13, 2014 as identification. Commission Number (Seal) P, rYP---7r.—nti7a ==m—.o, ffiT5�ry�" Roshan Patel Kelly Notary Public of Hunterdon County, New Jersey My Commission Explres 5- 12- q ) Prepared by and return to: Gregg M. Casalino Attorney at Law . O'HAIRE, QUINN, CANDLER & CASALINC3, CHI). 3111 Catd[nal Drive Vero Beach, FL 32963 772-231-6900 Fife Number: 7421-VA61 Will Call- 59 JOSEPH E. SMITH CLERK OF THE-: CWCUIT COUFZ-r SAINT LUCIE COUNTY FILE # 3807984 03106/2013 at 01.06 PM OR BOOK 3492 PAGE 123 -12 4 Doc Type: DEED RECORDING: $18.so D DOC STAMP COLLECTION: $0.7o (space Above This Line For Recording Datal WaTr;anty Deed ';i'lnis �i�'arrr�n 1LDe�d made this ��� ' ' day of Maireh, 2012 between Idlewgld Hutchinson Island, )r ILC, a Florida limited liability company, whose post office address is 19 Readington Road, Somerville NJ 08776, grantor, and Idlewild �nni�lninson lslarnd, �.�,�, a IFlcariida limited' liabilitycompany, whose post office address is 19 Reaidington load, Somerville NJ 08776, grantee: (When'ever used herein the terms "grantor" and "grantee,, include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sure of TEN AND N01100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in St. Lucie County, Florida to -wit: Government Lot 2, less the North 1,1199.16 feet and Government .Lot 3, less the South 1300 feet, LAM Fast df State Road A1A and lying and being in Section 14, Township 34 South, Range 40 East St. Lucie County, Florida, And Gover>rnMent Lot 2, less the North 1040 feet, and Government Lot 3,.Im the 8onnth 1439.16 feet, lyirna Fast of Stzte Road AlA and lying ,and being in Section 14, Township 34 South, Range 40 Fast, St. Lucie County, Florida. . Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all Property Appraiser w St.Lucie County, FL Page 1 of 1 Idlewild Hutchinson Island LLC Record: 1 of 1 PROPERTY RECORD CARD Property Identification <ePrev Next» Spec Assmnt Taxes Exemptions Permits Home Print Site Address: 14: Sec/Town/Range: 94 34S :40E ParcellD: 1414-310-0005-000.1 "\l1CIF% G Map ID: 14/14S Account #: 7970 p ! Zoning: HIRD Use Type; Vac Res:. ,� City/Cnty: St Lucie County Ownership and Mailing Owner: Idlewild Hutchinson Island LLC Legal Description Address: 19 Readington Rd 14 34 40 GOVT LOT 2-LESS N 104D FT -AND GOVT LOT 3-LESS S 1300 FT LYG E OF A1A- (1.88 AC) (OR 3236 Somerville NJ 08876 21 oro,,, Sales Information Date Price Code Deed 10/7/2010 1310000 OOD1 Assessment 2012 Total Land and Building BooWPage 2012 Final: 1200300 Land Value: 5/11/20D4 2260000 00 WD 8/30/2001 1200300 Acres: 1.12 3236 / 2127 Assessed: 1200300 Building Value: 0 1967 / 0542 Ag.Credit: 100 04 8/30/2001 WO VVD 0 1436 / 0707 Exempt Finished Area: 0 SgFt 8/30/2001 30D000 01 8/3 /2001 0 01 1C�lVD 1431 /0519 Taxable: 1431 / 0518 Taxes: 24283.63 0368 / 0750 Exterior Features View: _ ExtType: Grade: StoryHght: _ Interior Features BedRooms: FullBath: 1/2Bath: %A/C: Special Features and Yard Items BUILDING INFORMATION RoofCover: _ YearBlt: ENYrBit: No.Units: Electric: RoofStruct: _ Frame: _ PrimeWall: SecWall: HeatType: - PrmintWail: _ HeatFuel: AvgHl/Fl: %Heated: Prm.Flors: - %Sprinkled: Type Y/S Qty. Units Land Information Oual. Cond. YrBlt. No. Use Type Type ype Measure Depth 0000-Vac Res 280 -Front Ft 325 190 2 0000-Vac Res 280 -Acres 0,46 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED0.46 httP://www.paslc.org/Paslc/prc.asp?prelid=141431000050001 1/17/2013 Variance A I' Refer to St Lucie County sand ®evelopment Code (LDC) Section 10.01.00 for details 1 • I (we) do hereby petition the St. Lucie County Board of Ad Variance from the LDC. (State the variance sought and the section r for the following which the variance is requested. action from � e^,� ,;; m the LDC from 2• What is the purpose of the proposed variance and fhe intended subject property if the variance is ranted: g dad development of the _ v !~ ���+ , � £ (%y; .� C+•:ro `� _i ''. i'F� Fae�� is F` ±ye ; f"a -s � �r�E -w i -`� . DE 3. State the specific hardship imposed on the owner b th �. Y LDC?fU h �1%� e e j do I' .✓ =a o'' 1 c.:�,- 4e .yh� % a °' Pt'� ' "Cr, c' 4, dv � p is unique to the ownand why other property 4• State reasons why this hardship similarly situated does not suffer from the same hardship, •7 p owner 4`.7''� ii' Eci� `,.,�� T�•3 �^ fc� �"' i:�^R �;.� t 5• State reasons why this variance will not be injurious to improvements in the neighborhood in which the subjectproperty other property and/or � is located. � � � ✓'�'t��Gs"S¢Rd' J .r 7 6. State reasons why this variance will not increase traffic the danger of fire, or impair property values in the neighborhood in which the subject property is located. 7• State why this variance is the, reasonable use of the land, buildingand structures. , minimum variance that will make gpossible a Ga�� P� t'e.:o p�' . �?a,;GE•a 7'?a r'✓'� .� a ��, if ,�-, r" - _ Page 1 of 3 Revised: February 5, 2013 ved } tc rl`CiFpQ I �fJ E dlP[ t JUNV 2 4 j; suppilement 2 B. Explain how this proposed variance is consistent with the general spirit of the LD and the St. Lucie County Comprehensive Plan. i r-, . C .6 /. • -. (I ., 1 _. L _' > r .�. F .,f, 9. Is this variance request local within a Homeowners or Property Own Association? YES NO Y er,. For any variance request wit -i area that has aeHomeownethen ersior Property Owners Association, a letter from that Association is required stating their Position regarding the variance request. 10. Name of Association 11. Is there a letter from that association attached? YES NO a Please attach a diagram of the property showing the dimensions of the lot and other dimensions necessary to understand this application, all 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 proper 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 pForm 7460) as to the effect of the proposal on the operation of air navigation facilities an the safe, efficient use of navigable airspace. d ® 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 ue Public hearing. the Applicant or Agent Name (printed) Signature Page 2 of 3 Revised: February 5, 2013 Page 1 of 1 Fences, walls, and hedges are permitted, as follows: A. In any residential zoning district, a fence, wall or landscape berm may be located in any required front yard provided that the fence, wall or landscape berm does not exceed a maximum height of four (4) feet above the elevation of the centerline of the roadway adjacent to the property on which the fence, wall or landscape berm is located. A fence, wall or landscape berm a maximum of six (6) feet in height above the elevation of the centerline of the roadway adjacent to the property, may be located in any other required yard. Except that: 1 If a residential lot adjoins a non -residentially zoned lot, fence height may be increased to a maximum of eight (8) feet along the adjoining lot lines. 2. If a residential lot's rear or side lot line(s) adjoin a street right-of-way, the fence, wall or landscape berm height may be increased to a maximum of eight (8) feet along the street right-of-way, as depicted in Figure 8-1 below, provided that no other provision of this Code is violated. B. In non-residential zoning districts, a fence, a maximum of eight (8) feet in height, may be located anywhere on the lot. C. Hedges of any height may be located within any required front, rear or side yard provided that any hedge located at the intersection of two (2) streets shall comply with the provisions of Section 7,09.04(D) of this Code. FIGURE 8-1 INA RESIDE NTIALZONINO DISTRICT, THE MAXIMUM HEIGHT OF ANY FENCE WALL OR HEDGE IN THE REQUIRED FRONT YARD SHALL NOT EXCEED FOUR FEET IDE Y STREET RIGHT -OF- WAY FRONTYARD (REQUIRED MINIMUM DEPTH] REAR YARD YA INA RESIDENTIALZONING DISTRICT, THE MAXIMUM HEIGHT OF ANY FENCE, WALL OR HEDGE TH IS NOT LOCATED IN THE REQUIRED FRONT YARD, SHALL BE SIX(6) FEET, EXCEPT WHERE, THE RESIDENTIAL FR0PERTYLINE ISADJACENT TO NONRESIDENTAIL PROPERTY, OR AN ADJACENT STREET RIGHT-OF-WAY, THE MAXIMUM HEIGHT OF ANY FENCE, WALL OR HEDGE LOCATED OUTSIDE OFA REQUIRED FRONTYARD MAYBE EIGHT(i) FEET. https:Hlibrary.municode.cornlprint.aspx?h=&clientID=14641 &HTMRequest=https%3 a%2f... 8/7/2014 i� Vi CO C: 00 O ti (1) ct N U CD _ m � N �!go go i ar go► N� U a8 U 0 N M N T 7 a n a m L �\ cn U cu CU U LL " N a rn c o� �c— o U=� D0� U=� L cu c O Q U O L 4-4 Q. O U � N cl� O U) Lo 1 1 1 1 1 1 1� J m � ��� ,, ,.' �, ��:, �-"_--� i \ �� «\\\���������/� _ . ..�.... ... � � > A : . .� � � � .� w � � � � °� . ww � >� § %: meeting -'rim 9:30 AM (or soon thereafter) John Doe 123 Anywhere St. Anywhere, USA 12346 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 Applicant Idlewild Hutchinson Island, LLC 19 Readington Road Somerville, NJ 08776 Phone: 908-707-1122 Email: Farrokh764@aol.com Apehf Phoenix Fealty Homes Alan Tarpell 1760 N. Joe Road, Suite 140 West Palm Beach, FL 33411 Phone: 561-799-5900 Ext. 104 Email: Alan@PhoenixCompaniesFI.com Project Location 2/3 mile north of Regal Drive, on the east side of State Road Al A. 4600 N. Highway A1A, Fort Pierce Future Land Use RH (Residential, High-15 du/ac) EXjstinq Zoning HIRD (Hutchinson Island Residential District) Staff's recommendation Board denial of the requested vari- ance. Indrlo R u IStluoll.Blyd - - g� 'f'a N _ ..i-_Oran eA�i® - - - Avo - -'i— - - _ OREM (leisgil aI er Jr,, :1 4otice of Proposed Variance Reques (File No. BA + Ins , Subject property Zoning N MS - CPU • Canssrvatlan Publla ®� e, 600 ft. notification area HIRD • Hutchinson Island Residential Dktriot HIRb r®W mr R8.4 - Resldentlal Single Family (4 du/no) \� d d a u v. u n •• b d ••0 ddd m,, f B HIRD o Ocean r � o � e e � o r HIRD CPU® CPU; Project Descd2tio Petition of Idlewild Hutchinson island, LLC for a variance from the provisions of Section 8.00.04(A) of the St. Lucie Coun- ty Land Development Code that permits a wall to be located in any required front yard provided that the wall does not ex- ceed a maximum height of four feet above the elevation of the center line of the adjacent roadway. The petitioner proposes to construct a four foot wall, two feet above the maximum height measured above the elevation of the centerline of the roadway adjacent to the front property line in the HIRD (Hutchinson Island Residential District) Zoning District. Background The applicant is constructing a single family residence on the subject property. March 27, 2013 the Board of Adjustment granted a variance to permit single family residence to exceed the 35 foot maxi- mum building height by 6.67 feet. Further details are available in the Planning and Development Services Department --Planning Division The St. Lucie County Board of Adjust- ment (BOA) has the power to authorize variances from the dimensional require- ments in accordance with the provisions of Section 10.01.00, of the St. Lucie County Land Development Code. County policy strongly encourages pub- lic input and comment at the public hear- ing. You may also mail or email written comments regarding this proceeding in advance of the public hearing for inclu- sion in the official record. Written com- ments to the BOA should be received by the Planning and Development Services Department -Planning Division at least 3 days prior to the scheduled hearing. Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772.462,1646 orTDD 772.462.1428 Pro ect Manager Staff Linda Pendarvis Tel 772-462-1562 Email pendarvisl@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, FL 34982 ri o 0 i mp clq 0 vLO o a mD ko m o w m 00 o m r\ 00 m m m m ri m °- IJ LDD o m o m N, m mvm m (U a+ m _ LL Z LL LL LL LL LL U U mli mll '0 m m V m0 2 O ++ O ro > E E cm n -_ J' U m6 LL m0 LL 0.0 E U O E C U C7 in m°n 0 a N N N m LL � C 3 a ri o ri N U m mY C C mj d C C E t -0 O t C_ O N m K bn 00 3 E E Y _ > N 0) m m J t�/1 > - Z N Al, o Ol N NN r, r, O A N ci c-I Ql N N rI ml G1 E C LL m N Y C = o O a c E m c = U i > — N ,U m O N C N {1 J 101 N m Cp m LL a C L N .0 J C z 3 0 o w w a J J '0 N Q m +� N E � g U ON � p S i E tin m c U + X m X L = > — Q @ LL C LL C O , � _ci E '- m m O= r O m x� �c u � Z a mno N n ri Ql m m n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000000 O V Om» 0 0m 0m 0 0 - 0 0 ri o o zT ri v r, n m r, r, m+ m ` m �* ri �r T ri �r v c-I �r ri v a ri v 'T H a c mll mw -;t ri d a H ri ri ri ri ri a ri Foreign Account Number 11504098 Ad # 2641943 Ad Net Cost $67.62 Name (Primary) ST LUCIE COUNTY BOCC Company (Primary) ST LUCIE COUNTY BOCC Street 1 (Primary) ATTN: ACCOUNTS PAYABLE SUPE City (Primary) FT PIERCE State (Primary) FL ZIP (Primary) 34982 Phone (Primary) (772) 462-1692 Class Code 9424SC - Notice of Meeting Start Date 8/14/2014 Stop Date 8/14/2014 Prepayment Amount $0.00 Ad Sales Rep. 150 - Gertruida Zacharopoulos Width 2 Depth 147 ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA August 27, 2014 NOTICE OF PROPOSED VARIANCE REQUEST Notice is hereby given in accordant with Section 11.00.03 of the St. Luc County Land Development Code and accordance with the provisions of tl St. Lucie County Comprehensive Plt that the following applicants have r quested that the St. Lucie County Boa of Adjustment consider the followir request: PURPOSE: Petition of Idlewild Hutchi son Island, LLC for a variance from tf provisions of Section 8.00.04(A) of tt St. Lucie County Land Developmei Code that permits a wall to be locate in any required front yard provided th; the wall does not exceed a maximui height of four feet above the elevatic of the center line of the adjacent roat way. The petitioner proposes to cot struct a four foot wall, two feet abov the maximum height measured abov the elevation of the centerline of th roadway adjacent to the front propert line in the HIRD (Hutchinson Islan Residential District) Zoning District fc the following residential property: ADDRESS LOCATION/PARCEL IDENTIF CATION NUMBER: Location:Approximate ly 2/3 mile nortf of Regal Road, on the east side of Stat Road A1A on North Hutchinson Island, Parcel I D:1414-310-0006-000/8 LEGAL DESCRIPTION: Government Lo 2, less the North 1,199.16 feet and Gov ernment Lot 3, less the South 1300 feet Lying East of State Road A1A and lyinc and being in Section 14, Township 3, South, Range 40 East, St. Lucie County FL, fhe public hearing on this item will be held in the Commission Chambers Roger Poitras Annex, 3rd Floor, St. Lu cie County Administration Buildinn OLze-oev luU Xrd LLL?08V Ice.e.) 391i�0 s,ai,s�n3a ee —a v®ae,�v3.ne;mnw A3nans of s�mn x3is a3aav » ,oziza `�` cwz '�n� yr�u3nans moxxr iwiwdoo o $�`n < R - ��� 05< ware wua+a9 aaeaoa'aero iuw cowaweeer xv3d 3i,s -moe a3aav v3 1,02/E/E ra,doti Amnoo aion •iB e wee xa®nnw eeaonens mewaan rauo-W -d v —3. .m U., °3aav V3 ,oz/sz/ Y '� J', sTl3aarw 4 auoA3ATlne �raowsaaoaa also�nd °3°ar v� nozn„ 3oN30/ o77 ONv7S/ NOSS3U 731Vd �� m a N/HDinH cmma70/ i ONE SMAHnans a-loNatr ONd7Sl NOSH/Hal/]H A A ;� Mp z2. a n �__ - ._ a w z oo Z�w m mg c D / w'D zo m < a F / F m= aW"o �� 5 0 w < �. � a 0 62 " w z. 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