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CRB recommends approval of conditional‑use permit for 433 Southeast Lake Circle Drive, forwarding Resolution 16‑2026 to commission

City of Stuart Community Redevelopment Board · March 3, 2026
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Summary

After testimony from staff, the applicant and witnesses, the Community Redevelopment Board voted to recommend Resolution 16‑2026—allowing a 900‑sq‑ft outbuilding, a reduced 5‑foot rear setback, confirmation of impervious calculations (64.67%), and authorization to seek a revocable right‑of‑way permit—to the city commission with attached conditions.

The City of Stuart Community Redevelopment Board recommended approval of Resolution 16‑2026 on a roll‑call vote, forwarding to the city commission a request to regularize work at 433 Southeast Lake Circle Drive and to authorize several deviations from the East Stewart neighborhood code.

Staff report: Development Director Jody Cougler reviewed the petition and staff findings, saying notices were mailed to adjacent property owners and a sign posted on the property in accordance with the land development code. Cougler said staff determined the application conforms to the standards of review in the land development code and is consistent with comprehensive plan goals; staff recommended the board forward Resolution 16‑2026 to the commission with three conditions of approval (separate utility accounts, required permits and a revocable right‑of‑way permit for driveway access).

Applicant testimony: The applicant and the applicant’s representative told the board the outbuilding at the rear of the parcel measures about 900 square feet and was built after a 2021 building permit was issued; the owner said construction proceeded and inspections were completed but a certificate of occupancy was not issued. The representative described a ‘‘series of unfortunate events’’ in the permit history and said zoning and density rules changed in September 2024, reducing the allowable density. To bring the property into compliance the petitioner now proposes to convert three small existing units in the outbuilding into a single 900‑sq‑ft dwelling unit and to seek a revocable right‑of‑way permit for driveway access.

On the impervious surface requirement, the applicant supplied a survey showing 64.67% impervious surface, a figure staff said falls under the code’s maximum of 75%. The applicant acknowledged the outbuilding exceeds the 700‑sq‑ft single‑outbuilding limit but argued the parcel overall contains fewer built outbuilding square feet than two 700‑sq‑ft outbuildings would permit under the code.

Board questioning and testimony: Members asked when the owner first learned of the conditional‑use requirement and whether the outbuilding would be used as residential units; the applicant said he learned of the zoning issues during meetings in 2023–2024 and that he intends to convert the outbuilding to a single unit (four bedrooms, two baths, kitchenette) rather than separately renting the small units. The owner said the smaller units have not been occupied because no certificate of occupancy was issued after construction.

Public comment: A nearby property owner, James Christie, spoke in support of the applicant and urged the board to move the matter forward.

Vote and outcome: A motion to recommend approval of Resolution 16‑2026 with the attached staff conditions was moved and seconded. The roll‑call recorded affirmative votes from the members present (De Bard, Monero, Whan, Vice Chair Moser, Chair Mcrist and Board member James). The board’s recommendation forwards the resolution and conditions to the city commission for final action.

Next steps: If the commission approves the resolution and the associated conditions, the petitioner will need to obtain required building permits, a revocable right‑of‑way permit for driveway access and a certificate of occupancy before occupying the unit.