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HomeMy WebLinkAboutBOA 06232010 Approved MinutesBOA Minutes Page 1 of 4 June 23, 2010 1 St. Lucie County Board of Adjustment 2 St. Lucie County Administration Building Commission Chambers 3 June 23, 2010 4 9:30 a.m. 5 6 A compact disc recording of this meeting, in its entirety, can be obtained 7 from the Planning and Development Services Department along with these 8 Minutes. A fee is charged. In the event of a conflict between the written 9 minutes and the compact disc, the compact disc shall control. 10 11 12 CALL TO ORDER 13 Chairman Mr. Ron Harris called the meeting to order at about 9:30 A.M. 14 15 ROLL CALL 16 Ron Harris ........................................ Chairman 17 Diane Andrews ................................. Vice Chair 18 Bob Bangert ................................ .... Board Member 19 Richard Pancoast ............................. Board Member 20 Buddy Emerson ................................ Board Member 21 22 MEMBERS ABSENT 23 None 24 25 OTHERS PRESENT 26 Heather Young ................................. Assistant County Attorney 27 Di?ana Waite ...................................... Senior Planner 28 Michelle Hylton ........................ ........ Senior Staff Assistant 29 30 ANNOUNCEMENTS 31 Ms. Young addressed the Board regarding a civil action pending on the appeal 32 filed by the Conservation Alliance, Indian Riverkeeper, and George Jones. She 33 said because of the civil action, the parties have agreed to cancel the hearing, 34 which may be re-advertised for a later date. 35 36 Agenda Item #1 – Minutes 37 38 Mrs. Andrews motioned approval of the minutes. 39 Mr. Pancoast seconded, and the motion passed unanimously. BOA Minutes Page 2 of 4 June 23, 2010 1 Agenda Item #2 – Eugene Nawrocki BA 420104053 2 3 Diana Waite, Senior Planner, presented the petition: 4 This Item is the request of Eugene Nawrocki for a variance from the 5 Provisions of Section 7.04.01(Table 7-10), of the St. Lucie County Land 6 Development Code to permit the expansion of a swimming pool screen 7 enclosure which will encroach a maximum of 5 foot into the minimum rear 8 setback of 20 feet required in the West Hammock section of the Harbour 9 Ridge PUD Zoning District. 10 11 Ms. Waite stated staff has reviewed this petition and determined that it does not 12 conform to the standards of review as set forth in St. Lucie County Land 13 Development Code and may be in conflict with the goals, objectives, and policies 14 of the St. Lucie County Comprehensive Plan. She concluded staff is 15 recommending denial of the requested variance. 16 17 Mrs. Andrews asked whether the screen enclosure has been in place since 1989. 18 Ms. Waite stated yes, but it currently meets the setback. 19 20 Chairman Harris opened the public hearing. 21 22 Eugene Nawrocki, the applicant, explained he needs to extend his deck in order 23 to keep his balance when cleaning. He also stated the current enclosure is very 24 weak. Mr. Nawrocki stated there were other residents in Harbour Ridge who 25 have had the same variance. 26 27 Mrs. Andrews asked whether Mr. Nawrocki had lived in the house since 1989. 28 Mr. Nawrocki stated no, but the house was built that year. 29 30 Peggy Epperson, Community Association Manager for Harbour Ridge, spoke in 31 favor of the petition. She stated the Association has had three prior approvals, 32 and if there were a change, she would want to let the members know before they 33 go to the expense of the process. 34 35 Mr. Pancoast stated every one of these cases is heard on their own merit, but he 36 does not remember one that has been denied. 37 BOA Minutes Page 3 of 4 June 23, 2010 1 Mrs. Andrews asked if it were possible for the homeowner’s association to 2 request a blanket variance for the development. Ms. Young stated there has to 3 be a certain percentage of the residents to sign a petition. 4 5 Mr. Bangert stated in many of the cases they have heard there is nothing in back 6 of the home, but he does not think he would agree with a blanket because there 7 might be homes on the other side. 8 9 Mr. Harris concurred with Mr. Bangert, and said the case has merit because it is 10 a safety concern. 11 12 Having no further public comment, Mr. Harris closed the public hearing. 13 14 Mr. Bangert made the motion: 15 After considering the testimony presented during the public hearing, 16 including staff comments, and the standards of review as set forth in 17 Section 10.01.00 of the St. Lucie County Land Development Code, I 18 hereby move that the Board Of Adjustment approve the petition of Eugene 19 and Dianne Nawrocki for a variance from the provisions of Section 20 7.04.01, of the St. Lucie County Land Development Code to permit the 21 expansion of the swimming pool deck and enclosure to encroach 5 feet 22 into the minimum rear setback of 20 feet required in the Harbour Ridge – 23 Planned Unit Development Zoning District, because there are no 24 residents that are opposed to it, the property owners association is in favor 25 of the variance, it is no problem for the golf course that it butts up against, 26 and there is no problem with safety conditions. 27 28 Mr. Pancoast seconded. The motion carried unanimously. 29 30 Mr. Harris addressed errors in the resolution within the Board packet. 31 32 Agenda Item #3 – Conservation Alliance of SLC, Indian Riverkeeper & 33 George L Jones APP 520104062 34 35 Mr. Harris opened the public hearing. 36 37 No one spoke. 38 39 Mr. Harris closed the public hearing. BOA Minutes Page 4 of 4 June 23, 2010 1 2 Ms. Young advised Mr. Harris that no action is required. 3 4 Having no further business, the meeting adjourned at about 9:45 a.m.