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HomeMy WebLinkAboutBOA Approved Minutes 04-22-09St. Lucie County Board of Adjustment St. Lucie County Administration Building Commission Chambers April 22, 2009 9:30 a.m. A compact disc recording of this meeting, in its entirety, can be obtained from the Growth Management 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 Mr. Ron Harris called the meeting to order at about 9:30 A.M. ROLL CALL Ron Harris ..................................Chairman Bob Bangert................... .............Vice Chairman Diane Andrews............................Board Member Buddy Emerson...........................Board Member MEMBERS ABSENT Richard Pancoast........................Board Member OTHERS PRESENT Kristin Tetsworth..........................Planning Manager Linda Pendarvis...........................Senior Planner Katherine Smith...........................Assistant County Attorney Michelle Hylton............................Senior St?aff Assistant Agenda Item #1 – Minutes Approval of the Minutes for March 25, 2009. Mr. Bangert motioned approval of the minutes; Mrs. Andrews seconded. The motion carried 4-0. Page 1 of 5 Public Hearing Maryon A. Thiery April 22, 2009 BA-320093965 Agenda Item #2 – Maryon A. Thiery Linda Pendarvis presented the petition of Maryon Thiery for an amendment to a previously approved variance granted by the Board of Adjustment on August 27, 2008. The variance was for an encroachment of 11 feet into the minimum setback of 25 feet required in the RS-4 (Residential Single Family, 4 du/acre) Zoning District. Mrs. Thiery is requesting the encroachment be increased to allow a maximum encroachment of 23 feet into the minimum front setback of 25 feet. Ms. Pendarvis said the amendment request to the previously approved variance arises from conditions that are not necessarily unique and not a hardship as defined in the St. Lucie County Land Development Code (LDC). The need for the requested amendment is to allow the construction of a 19 ½ x 23-foot carport area within the required front yard setback. At the conclusion of her presentation, Ms. Pendarvis stated staff has reviewed this petition and determined it does not conform to standards of review as set forth in the LDC and may be in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff is therefore recommending denial of the requested amendment to the Board of Adjustment Resolution Number 08-022. Mrs. Andrews said the original variance that was granted does not specify the width of the carport, because it was not required; so if the applicant were to just increase the width of the driveway, it would not require a variance but a building permit. Ms. Pendarvis confirmed that and stated the encroachment is into the front yard setback, and not the side yard setbacks. Mrs. Andrews asked if the increase of the width of the driveway would affect the percent of coverage allowed. Ms. Pendarvis said she did verify the lot coverage information and it does not cause any issues that would affect lot coverage. The petitioner Maryon Thiery told the Board several plans were drawn to modify her home to meet her husband’s needs after an accident in October 2007 left him in a wheelchair. She said the previously approved plans did not meet the needs of a disabled person. Mrs. Thiery stated her husband is being loaded and unloaded unsafely and unprotected from the weather in the street when the medical van picks him up; the size of the medical van is 20 feet long and seven feet wide. She said the two styles of vans are rear loading and side loading and they need enough space for the ramp to open, as well as the wheelchair and the person pushing it. Mrs. Thiery said all of their neighbors are in agreement and supportive of her husband’s needs. She said her husband is a veteran and the VA recommends that the disabled veterans coming home now should have a 24 foot by 24-foot carport. Page 2 of 5 Mrs. Andrews noted the front elevation shows that there is a garage door at the head of the driveway, which also appears to be in the Property Appraiser’s photo, but there is a window instead of a garage door in the photos submitted by the applicant. Mrs. Thiery said there is not a garage door, but the engineer drew it in. Mrs. Andrews asked if the 11-foot incursion from the variance granted last year was measured from the house. Mrs. Thiery said she couldn’t answer the building questions since she does not always get to have any input because it has been handled by worker’s comp. Chief Emerson asked the contractor on Mrs. Thiery’s home, Eddie McCarthy with Paul Davis Restoration and Remodeling, how far the proposed concrete pad is from the culvert. Mr. McCarthy said he does not have an exact measurement so he cannot say exactly; but he does know that the distance they are asking for from the home is 23 feet from the home out. Chief Emerson stated his concern is the drainage situation in Indian River Estates, and if you are building a structure so close to the drainage structure, it could cause a problem. Mr. Harris showed Chief Emerson the distance as he measured it on the survey. Chief Emerson illustrated on a photo where the front tire of a van was parked on the culvert. Mrs. Thiery said they never park there, but the reason for the photo was to prove they needed width. She said the plans that were previously drawn did not offer enough width. Mrs. Thiery stated her husband is very susceptible to pneumonia and needs to be covered from the rain. Mr. Bangert asked if he still has to go from the front door to the carport. Mr. McCarthy said they would be building a ramp with a five-foot roof section that will attach to the carport. Chief Emerson asked why the first variance of 11 feet did not work. Mrs. Thiery said since January of 2008 there were many plans brought that did not meet the standards for a disabled person. She said the David Corey Company takes care of the needs of disabled people and Paul Davis does the work. Mrs. Thiery said Corey was possibly not involved or did not make a wise decision on the plan that was originally brought to the Board. She said Corey got more involved and realized that the plan would not suit her husband’s needs. Chief Emerson asked why they did not go wider instead of longer. Mr. McCarthy said most vehicles are approximately 20 feet long and they only requested 11 feet out from the house, so when they pull in they do not have enough area to be able to put the ramp down and exit the wheelchair to keep Mr. Thiery under cover. Page 3 of 5 Mr. McCarthy said he had the engineer draw up plans that he thought were sufficient to meet Mr. Thiery’s needs. After the variance was approved, the Corey Company or Travelers Insurance deemed the plans insufficient. Mr. Harris asked Mrs. Thiery if she talked to the neighbors north and south of the property. Mrs. Thiery said the neighbors are supportive. Mr. Harris returned to the Board for discussion. Mrs. Andrews said she was troubled by the fact that there were no responses from the next-door neighbor or those across the street who will have to look at this; and she agrees with Chief Emerson that something else could have been done to avoid this large incursion into the setback. Mr. Harris said he agrees something else could have been done; the distance to the right-of-way is extreme; but he understands the conditions and the situation the petitioner is in are extreme also. Mrs. Andrews asked if a circular drive would work there. Mr. Harris said it possibly could have worked. (Chief Emerson excused himself at about 9:55) Mr. Harris mentioned that the petitioner does not know which van would show up side loading or rear loading; and it would still need to be covered. Mrs. Andrews said if it was wide enough it could work; and it would be more attractive as well. (Chief Emerson returned at about 9:56) Mr. Harris said there are a lot of things that could be done. Mr. Bangert made a motion: 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 Maryon A. Thiery for a variance from the provisions of section 7.04.01, of the St. Lucie County Land Development Code to permit the construction of a covered porch/carport, which will encroach a maximum of eleven feet into the minimum front setback of 25 feet required in the RS-4 (Residential Single Family 4) Zoning District, because Mrs. Thiery has suffered enough problems in life, and the neighbors have no objections to this. Having no seconds, the motion was terminated. Page 4 of 5 Page 5 of 5 1 2 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 41 42 Mrs. Andrews proposed to continue the variance request to give the petitioner a chance to come up with a different design that would be more acceptable, yet still meet Mr. Thiery’s needs. Mr. Harris asked the Board what type of parameters they would like to place. Chief Emerson has a concern that this is well beyond what they normally see as a variance; because of the hardship presented to them, they should consider an addition to the variance that has already been granted. He said he did not think it had been explored as much as it could have been; but he does not know how much would be enough. Mr. Harris said it looks like the majority of the Board is leaning to continue this, and requesting that the applicant come back with a different design that would be more acceptable. He asked Ms. Smith if the Board could continue the hearing. Ms. Smith said the Board has the authority to continue it but she requested they continue to a date certain. Mrs. Andrews asked Mr. McCarthy if 30 days was sufficient, and he said it would be. Mrs. Andrews stated I would like to make a motion to continue this application for a variance to give the applicant time to come back with a better design that would decrease the amount of the encroachment that is being sought, but still meet the needs of the applicant’s husband, and to return to us with a different design on May 27. Chief Emerson seconded and stated he wanted the applicant to know that there is a portion of the van that could stick out from under the carport but still protect the occupants. Upon roll call, the motion carried 4-0 OTHER BUSINESS Kristin Tetsworth told the Board staff is cleaning up the versions of Chapters 10 and 12 that the Planning and Zoning Commission has reviewed, and as soon as they are ready, they will be presented to the Board. Ms. Tetsworth said the Board will be able to receive it with their May packets. Mrs. Andrews volunteered to get them by email to save money. Having no further business, the meeting adjourned at about 10:05 a.m.