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HomeMy WebLinkAboutBOA Approved Minutes 05-27-09St. Lucie County Board of Adjustment St. Lucie County Administration Building Commission Chambers May 27, 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 Richard Pancoast........................Board Member MEMBERS ABSENT Buddy Emerson...........................Board Member OTHERS PRESENT Robin Meyer................................Assistant Director, Growth Management Kristin Tetsworth..........................Planning Manager Katherine Smith..................... .....Assistant County Attorney Michelle Hylton...............?.............Senior Staff Assistant Dawn Milone................................Senior Staff Assistant Agenda Item #1 – Minutes Approval of the Minutes for April 22, 2009. Mrs. Andrews motioned approval of the minutes; Mr. Bangert seconded. The motion carried 4-0. Page 1 of 4 Public Hearing Maryon A. Thiery May 27, 2009 BA-320093965 Agenda Item #2 – Maryon A. Thiery Kristin Tetsworth, Planning Manager, stated this item was continued based on changes that had to be made, modifications to the sketch plan that was provided. Ms. Tetsworth summarized the project for the Board: a petition for an adjustment to an existing variance approved through BOA Resolution number 08-022, for 11 feet to encroach into the 23-foot minimum front setback. Ms. Tetsworth concluded her presentation stating staff is still recommending denial; after review of the requested amendment, they determined that it does not conform to a strict interpretation of the standards of review set forth in Section 10.01.02 of the St. Lucie County Land Development Code. Maryon Thiery, the petitioner, said Travelers Insurance suggested a circular drive with no overhang and she said it was unacceptable because her husband would still get wet, so she had no plans to bring to the hearing. Mrs. Thiery said the contractors from the Cory Company had an incomplete rough draft of plans from Travelers if the Board members wish to see it. Mr. Harris said if the rough draft does not have any concrete dimensions, he would be hesitant to vote for approval or denial at this time, to which the Board members agreed. Mr. Harris then suggested continuing the hearing to next month to give the applicant more time since she is working with an insurance company. Carl Moore, contractor on the project, said he knows there have been two sets of drawings completed by an engineer/architect, one approved and the second that encroached further was denied. Mr. Moore said they came at quite a cost to have them professionally prepared, and in his opinion, he thinks that Travelers only wants to have it drawn one more time because of the costs incurred by having it professionally done. He said that while the rough drawing does not have the dimensions, he has a general idea of how far the encroachment would be in order to meet their needs. Mr. Moore asked the Board how professional the plans would need to be done to satisfy the Board’s requirements. Mr. Harris said the Board will not vote on a rough draft and he suggests preparing a plot plan by a surveyor or an architect who can accurately dimension what the distance would be to the right-of-way line. Mr. Harris returned to the Board for a motion. Mr. Pancoast expressed concern that the applicant would not have enough time. Page 2 of 4 Mrs. Thiery said she was told that it only takes a few moments to prepare the plans by computer, so the plans could be ready in a month once she has come to an agreement with Travelers. Mr. Harris asked Ms. Smith if the Board could continue for 60 days, and she said as long as it is a date certain. Mrs. Thiery was concerned that the rainy season is here and her husband continues to wait longer. She said if Travelers has 30 days it will be sufficient. Mr. Pancoast made a motion to continue to June 24. Mrs. Andrews seconded, and the motion passed 4-0. Mrs. Andrews commented that the Board does not need extra copies again, to save paper. Ms. Tetsworth asked that the new plans be sent to staff so that it can be distributed and reviewed prior to the meeting, even if it is sent by email. OTHER BUSINESS Robin Meyer, Assistant Director of Growth Management, presented the draft of Chapters10 and 12 of the St. Lucie Land Development Code that staff and the Planning and Zoning Commission have put together. He noted that this is not a final draft, and there will be a number of opportunities to comment and make changes to it. Mr. Meyer said it directly relates to some of the functions of this Board. Mr. Harris asked Mr. Meyer if he preferred the Board’s comments come in writing. Mr. Meyer said he would take any forms in which the Board wants to give them to him. Mr. Meyer presented Dawn Milone who is keeping track of all the comments. He said if there are things the Board wishes to discuss with staff, he is here for that, but if they would prefer to give their comments in writing, that would be fine too. Mrs. Andrews mentioned she would send misspellings in an email, but noted several sentence structure and word usage issues throughout the text. Mrs. Andrews verified whether it should be stated that the Board’s decision is kept on file in the form of a Resolution that needs to be recorded. Mr. Meyer said it should be stated and the changes will be made throughout the text. Mrs. Andrews noted where it refers to the written approval of a Homeowner’s Association; it is not listed under “Variance Permit Standards,” and should be stated as it is part of the application. She also suggested they insert the word “mandatory” since there are HOAs and POAs out there that are not mandatory. Page 3 of 4 Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 Mrs. Andrews stated she would like to see if it is appropriate to add a variance for disability, so that a variance may be granted that does not necessarily meet all the listed requirements if it is a certified medical necessity, and it is the homesteaded property of the disabled or his caretaker. Mr. Bangert said the time limit of 12 months when a non-conforming conditional use is discontinued or abandoned seems long; and six months should be enough time to show that it is non-conforming and to change it. Mrs. Andrews suggested more word and paragraph changes for Chapter 12. On Section 12.06.01: “In addition to the jurisdiction, authority, and duties which may be conferred on the Public Works Department Director by other provisions, the Public Works Director Department shall also have the following powers and duties under this Code.” Mrs. Andrews said she does not think the Department has the duties, the Director has the duties, yet Director is crossed out. Mr. Harris agreed. Mr. Meyer said the Public Works Director and the County Engineer are in the same department, and staff was trying to figure out how to keep them in the same department. Mrs. Andrews suggested it say the Director or the County Engineer. Having no further business, the meeting adjourned at about 10:00 a.m.