HomeMy WebLinkAboutBOA 07282010 Approved MinutesBOA Minutes Page 1 of 5 July 28, 2010 1 St. Lucie County Board of Adjustment 2 St. Lucie County Administration Building Commission Chambers 3 July 28, 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 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 21 MEMBERS ABSENT 22 Buddy Emerson ................................ Board Member 23 24 OTHERS PRESENT 25
Katherine Smith ................................ Assistant County Attorney 26 Linda Pendarvis? ............................... Planner 27 Jeff Johnson .....................................
Senior Planner 28 Michelle Hylton ................................. Senior Staff Assistant 29 30 ANNOUNCEMENTS 31 None. 32 33 Agenda Item #1 – Minutes 34 35 Mrs. Andrews motioned approval
of the minutes. 36 Mr. Pancoast seconded, and the motion passed 4-0 37 38 Agenda Item #2 – Phillip Oates BA-520104063 39
BOA Minutes Page 2 of 5 July 28, 2010 1 Linda Pendarvis, Planner, presented the petition: 2 The petition of Phillip Oates, for a variance from the Provisions of Section 3 7.04.01(A),
of the St. Lucie County Land Development Code to permit the 4 construction of a swimming pool which will encroach a maximum of 9 feet 5 into the minimum rear setback of 15 feet required
in the RS-4 (Residential, 6 Single Family – 4 du/ac) Zoning District. 7 8 Ms. Pendarvis stated staff has reviewed this petition and determined that it may 9 not necessarily be in conflict
with the goals, objectives, and policies of the St. 10 Lucie County Comprehensive Plan; however, the requested variance does not 11 conform to a strict interpretation of the standards
of review as set forth in Section 12 10.01.02 of the St. Lucie County Land Development Code staff is therefore 13 recommending denial of the requested variance. 14 15 Mrs. Andrews asked
whether there was any response from the property owner 16 that backs up to the house. 17 18 Ms. Ms. Pendarvis stated she received a call from that neighbor with concerns 19 whether it
was an in-ground or aboveground pool, and after a hurricane, how the 20 pool would affect her drainage. 21 22 Mr. Harris asked whether that neighbor made a statement whether she was
for or 23 against the petition. 24 25 Ms. Pendarvis stated she was only concerned with the drainage of her property, 26 not whether or not the pool was there. 27 28 Chairman Harris opened
the public hearing. 29 30 Jennifer Oates, the petitioner, stated they want to stay in the county, and want a 31 pool. 32 33 Mike Fordresher, A & G Pools, stated the house is set back
too far, which is why 34 they are requesting the variance. He stated it will be an in-ground pool, and will 35 not be enclosed but there will be a baby barrier per code. 36 37 Mr. Harris
asked if it would still violate the setback without the enclosure. 38
BOA Minutes Page 3 of 5 July 28, 2010 1 Ms. Pendarvis stated the setback goes to the water’s edge, so it will still 2 encroach. She said the six-foot variance would cover the enclosure
should they 3 come back for one. 4 Mr. Bangert asked whether they had a homeowner’s association. 5 6 Ms. Oates stated there is an association but it is voluntary. 7 8 Having no further
public comment, Mr. Harris closed the public hearing. 9 10 Mr. Pancoast made the motion: 11 After considering the testimony presented during the public hearing, 12 including staff comments,
and the standards of review as set forth in 13 Section 10.01.02 of the St. Lucie County Land Development Code, I 14 Hereby move that the Board of Adjustment approve the petition of Phillip
15 Oates for a variance from the provisions of Section 7.04.01(A), of the St. 16 Lucie County Land Development Code to permit the construction of a 17 swimming pool, which will encroach
a maximum of 9 feet into the 18 minimum rear setback of 15 feet required in the RS-4 (Residential, Single 19 Family – 4 Du/Ac) Zoning District, because the house is set back 47 feet
20 which created the need to move the pool back into the setback, the 21 setback is the minimum required, although the rear neighbor had a 22 comment on the flooding, she did not oppose
the construction. 23 . 24 25 Mrs. Andrews seconded. The motion carried 3-0. 26 27 Agenda Item #3 – Globe Wireless, LLC BA-620104067 28 29 Jeff Johnson, Senior Planner presented the petition:
30 Globe Wireless, LLC has requested a variance from the provisions of 31 Section 9.04.02(J) of the St. Lucie County Land Development Code to 32 allow three (3) flags to be placed on
the property less than the required 33 thirty (30) feet separation requirement between flags. 34 35 Mr. Johnson stated the request is not the direct result of conditions that are 36
unique or particular to the land, structures or topography involved. The minimum 37 thirty-foot separation requirement for permanent flags applies to all zoning 38 districts throughout
the county. As shown on their survey, there is ample space to 39 locate in the front yard in order to put the flags that comply with all applicable
BOA Minutes Page 4 of 5 July 28, 2010 1 setbacks and comply with the minimum thirty-foot separation requirement. Staff 2 has reviewed the petition and has determined that the request
does not meet the 3 strict interpretation of the standards of review as set forth in Section 10.01.02 of 4 the St. Lucie County Land Development Code, and therefore recommends 5 denial.
6 7 Mr. Pancoast asked for clarification if the reason for the variance is because they 8 could not get the thirty feet between poles. 9 10 Mr. Johnson stated that is correct. 11 12
Chairman Harris opened the public hearing. 13 14 Ron Ryan of Globe Wireless, the petitioner, stated they are a global maritime 15 telecommunications company and when dignitaries from
around the world visit 16 their facility, they want to show respect to their respective countries with their 17 flag. He stated that if they did separate the flags thirty feet, one would
end up in 18 the retention pond on the site. Mr. Ryan displayed photos with examples of the 19 clustered style they wish to have. 20 21 Mr. Ryan displayed photos with examples of the
clustered style they wish to 22 have. 23 24 Having no further public comment, Mr. Harris closed the public hearing. 25 26 Mrs. Andrews stated she sees nothing objectionable about this
request and 27 believes that the 30-foot code requirement is probably directed at places like the 28 car dealers on U.S. 1 who use multiple flags for advertising. 29 30 Mr. Bangert made
the motion: 31 After considering the testimony presented during the public hearing, including 32 staff comments, and the standards of review as set forth in Section 10.01.02 of 33 the
St. Lucie County Land Development Code, I hereby move that the Board of 34 Adjustment approve the petition of Globe Wireless, LLC for a variance from the 35 provisions of Section 9.04.02(J)
of the St. Lucie County Land Development Code 36 to allow a maximum of three (3) flags to be placed no less than ten (10) feet 37 apart which is 20 feet less than the 30 foot minimum
separation requirement in 38 (IH) Industrial Heavy Zoning District because they have plenty of space, and they
BOA Minutes Page 5 of 5 July 28, 2010 1 also have the retention pond that would obstruct it, and the reasons that were 2 presented by the Board. 3 4 Mrs. Andrews seconded. The motion
carried 3-0. 5 6 Having no further business, the meeting adjourned at about 9:50 a.m.