[Music] [Music] [Music] [Music] for e e e e e now that Mr Newman's here we can get started all right thank you uh let's all stand for the Pledge of Allegiance Pledge of algi to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all maybe seated I now call the scheduled meeting of The Bard County Board of adjustments to order we we do have a quorum and we are prepared to move forward I'm going get a couple quick announcements out of the way um Dr Bass sitting to the left to me uh was recently moved from an alternate position to a primary position representing District 4 uh Mr Dave Newman who is the alternate for District 5 is sitting in place of Bill Hoffman the vice chair who is not available today um I also want to uh say on the record and let my fellow board members know that due to a significant increase in my personal workload I sent a letter of res for from the board to the Commissioner's Office recently um although they accepted it we went engaged in further um Communications and it I'm going to stay on the board but I'm going to uh step down from the chair and I think that would alleviate the issue and we'll see how it goes from there but I think remaining on the board would be important so I think we wait to next board meeting to elect the the next chair since we have two primaries that are not here today um with that uh we can move forward um would Mr bod from the planning and development office please describe the function and operation of the board of zoning adjustment to our applicants and the audience yes Mr chairman the board of adjustment is a quasi judicial body established by the board of County Commissioners under chapter 62 Article 2 Division 4 of The Bard county code the board of adjustment is empowered to hear the requests for variances to the zoning regulation and the sign regulation in chapter 62 article 6 and article 9 pursuant to Florida rules of appellant procedure any person or persons jointly or severly agreed by any decision of the board of adjustment May within 30 days after the date the order is signed apply to a court of competent jurisdiction for appropriate relief Mr chairman you have seven items on your agenda today thank you Mr bod Mr chair before we get started I'd like to bring a manner to um uh to your attention has come to my attention that the courtesy notices that um are our standard business practices were not sent out for this meeting I do apologize for that oversight um and I want to stress that it's not required as far as our code however it is a standard business practice that's listed on our website that we send out courtesy notices so um it is your choice whether to move forward and and um our County attorney is here to provide any legal advice for you but I just wanted you to be aware that the courtesy notices were not sent out thank you are there any additional uh letters in opposition or in favor of this request there's there's one item and I believe it's item six G6 that has two letters in opposition all right and in the package we have several letters in favor uh can I just by show a hand see who's here to speak on item six the yin's application there there really isn't a need at this moment no um I'm going to make a judgment call I've uh been to the resident several times uh this is a another variance request uh that followed a next door neighbor variance request which was approved not long ago I'm very familiar with the prior variance request and the current variance request I was at the property just the other day we have um several letters in favor several letters in opposition I think we're going to get a really good overall um sampling of any argument for and against so I would favor moving forward with it today and not tabling it especially for the fact that I don't plan on being at the next meeting and I feel as I have the most um informed knowledge of of this variance request so we will move forward with that that do we need to have a vote of the board or is is no um we've met all legal requirements therefore we can um move forward without any uh legal concerns so it's at the pleasure of of the board you're aware of the um courtesy notices not required just something that we do as our normal business practice okay well with everyone taking time off of their work and other personal matters and coming today I think it'd be um efficient and and best suited to move forward with that application today thank thank you would Dr Bass please explain to the applicants and the audience the statutory definition of a hardship yes Mr chairman a variance may be granted when it is not been contrary to public interest and where owning to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship the term undue hardship has a specific legal definition in this context and essentially means that without the requested variance the applicant will have no reasonable use of the subject property under existing development regulations personal medical reasons shall not be considered as grounds for establishing undo hardship sufficient to qualify an applicant for a variance economic reasons may be considered only in the instances where the landowner cannot yield a reasonable use Andor reasonable return under the existing Land Development regulations the applicant must answer a variance hardship worksheet with six questions the board of adjustment will discuss these questions today with each applicant who has requested a variance thank you Dr Bass I will now address I will now address our board members the applicants and our audience regarding the board procedures for today's hearing the board of zoning adjustment is a quasi judicial board with members appointed by The Bard County Board of County Commissioners and will utilize Robert's Rules of Order to to conduct its proceedings the chair is asking all board members not to ask questions while the applicants are making their presentations once the applicants have completed their presentation we will begin board questioning with the board member who represents the applicant's district when concluded questioning is open to the full board the chair will recognize each board member in turn once all board members have completed their questioning we will then open the floor to the audience who may be here to speak concerning the applicant's application anyone from the audience wishing to speak will be given the opportunity to to trust the board only once at the conclusion of public comment the applicant will be given additional time for rebuttal as well as time to present their final comments once completed no further comment will be heard from the applicant or the public the action then moves to the board for discussion and action we will not use a timer for this meeting instead we are asking each speaker to be concise in what they have to stay say it is important that you stay on the subject and avoid information that is not relevant all persons speaking must provide their name and address for the public record those wishing not to verbally State their address may ask the clerk at the podium for an address card please fill it out and return it to the clerk our next order of business is to approve the minutes of our previous meeting um and we actually have minutes for our January meeting and minutes for our February meeting to address and approve uh let's start with our January minutes do we have a a motion on that I'll make the motion motion to approved by Mr Newman yep second second by Miss Mard uh we got a motion to approve and a second all in favor to approve the minutes say I I I any opposed all right the minutes are approved and now for the minutes of our February meeting uh do we have a motion for those I'll make a motion uh Mr Newman we had a motion to approve I'll second second by Dr Bass all in favor say I I I and uh those minutes are approved as well Mr bod may we have the first applicant that is requesting a variance yes Mr chairman item G1 was uh re advertised from the January 17 2024 boa meeting and this item needed to be re advertized due to an error in the legal description of the warranty deed this is application 23v 0000 47 Christopher D strer request variance of chapter 62 article 6 bouard county code section 62- 1345a to permit a variance of 10 ft from the required 75 ft minimum lot width in an ru- 1-11 single family residential zoning classification and and this is located at tax account number 2511 433 in District 2 Mr bod is this location um in Mims I I believe the um the application arises in district one okay this is the tax account number it is 2104 4016 and it is located in district one that's a good catch Kevin okay thank you Mr bod there are a couple on here that are that um the district is not correct so when you come across them um for example uh G4 says it's District 4 but it's actually in mered island and that's not D4 I believe the uh section of Meritt Island below pinita Causeway is uh District 4 yes that's correct all right thank you thank you will the applicant for item one please approach the podium how y'all doing good afternoon how are you Christopher stroer 2466 Kaiser M Florida would you raise your right hand please do you swear and affirm that the evidence you're about to give to this board of adjustment is the truth yes sir thank you you may speak clearly into the microphone and present your matter yes I um I had this property and I think back in Mr Brody was telling me back in the 60s it was zoned for a different a different zoning and and I was willing I was wanting to rezone it so I could put a residential house on there I think think we did the variance already so we passed the variance so I'm just wanting to know if we can do a resoning to the status of what it need to be so we're we're here to um to hear your request for a variance yes sir and to address that request and either approve or deny the variance and then with that you're wishing to have the property legitimized so you then can reone it yes sir and that's what I want so Mr chair just so so you understand it was during the review of Mr uh stroer rezoning application there was found an error in the legal description for his warranty deed therefore he needed it to uh redo the variance request that he's here today for was that legal description revised and updated it was yes it was all right I'm just bear with me yes sir Miss Maller were you did you visit this location or take some time to to review this okay yes I did for not recently but um maybe last month or a month ago two months ago give or take I visited the property out in mems I did okay so that was a great catch because I didn't even catch that but um yes why don't you start with some questioning and so I would just like to refresh ourselves yes ma'am I remember visiting your property out Mims and again um the way your land is situated if I now just refresh my memory because the way your land was situated it was on that street it was like two houses to your right and I think a tower on your left yes ma' am I correct um it was a FPL Tower by so I want to make sure I have the right property okay and again we just want to make sure that you were just building on this land a single family home for your family yes ma'am and you needed to be rezoned to do so yes ma'am okay so that's what I remember from this that's correct I remember the block and I remember the property so now we're back because it was the warranty deed that had to be reinstated and we needed the legal description revised and updated and that is has been done correct yes I corrected that okay so now we back just to get a variance on your land so you can start building you haven't started building now is that correct no ma'am no not permission okay okay that's all questions I I remember exactly any other board members have questions all right you may stand aside or have a seat real briefly is there anyone in the audience who wishes to speak on behalf or in opposition to this variance request seeing none you may step back to the podium were there any uh letters in opposition or in favor okay I don't see any okay um all right at this time I didn't mean for you to step back at the board at the um Podium you can have a seat on apologize um this time we'll move the agenda item to the board for discussion and action do we have a um a motion yes I do make a motion as previously stated but I make a motion again now to approve the variance despic despited according to the survey however um because it's been updated the warranty deed and a legal description revised I make that motion to approve we have a motion to approve by Miss Mard do we have a second I second second by Dr Bass um do you have any any further comments about this open to discussion no the only comment that we was concerned about before but it wasn't really a concern was exactly what he was going to do with the land and what was going to be on that land and I was proud to see that he's building a single family home for his family um and nothing else and in that neighborhood that's going to increase the value of the neighborhood as well any any further discussion uh just in general uh it sounds like we uh pretty much went through the issue last time when it was in January I was not presently here uh but that being said it was gone forward pretty positively so I think it's all good to to move forward with us thank you not bad yes I do recall the last conversations that we had about this I was here so I'm in agreement uh with the motion at this time all right in order to author any variance the board of adjustment through a majority vote must find all of the following factors to exist that special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in The Identical zoning classification that literal enfor ment of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will be Poss that will make possible the reasonable use of the land building or structure and that the granting of the variants will be in harmony with the general intent and purpose of this chapter and that such use varant use variants will not be injurious to the area involved or otherwise detrimental to the public welfare with that I'll call the motion to vote all in favor say I I I any opposed with that your variance passes with an anonymous vote of approval thank you Mr bod may we have the next applicant yes item number G2 variance application 24v 0000 02 Steve Cary Barnes and Lisa Marie Barnes request variance of chapter 62 article 6 Bard county code as follows variance number one section 62- 1345a to permit a variance of 2 feet from the required 7.5 foot side east setback for a primary structure in ru-1 single family Ro residential zoning classification and this is located at tax account number 2956 450 in District 3 thank you will the applicant please step forward to the podium thank you please St your name and address for the record my name is Steve Barnes I live at 310 Beverly Court Melbourne Beach and simply looking for a variance okay Mr Barnes would you please raise your right hand do you swear and affirm that the the evidence you're about to give to the board of adjustment is the truth I do thank you you may speak directly into the microphone we have uh tried on multiple times to figure out a great place to put a garage specifically the West Side the souths side the north side the East Side the only way we're going to be able to put one is to the east side so that's the only opportunity we have we have checked with the locals that's within 300t of our house both opposing of the canal as well as our street no one was opposing to that and uh I think it's all listed there in my hardship variance and uh some additional information so simply looking for basically 1.83 variants we put two feet just to round it up was that in feet ma'am you said one point it's 1. 1883 feet that we're looking for looking for the adjective and we put twoot just around up doctor if you're going to speak could you please turn on your uh microphone so it could be recorded thank you okay do you anything else to present other than we've spoken with everyone and none of the neighbors and we're trying to actually I have used my neighbors across the street garage he has a very large garage with a RV in it while they're gone I've been using it from my vehicle my truck because it will not fit inside of our smaller garage this is an older home built in like 61 so we're restricted to how much space we have to be able to put our gear in there to protect it mostly from storms and also from uh we've had occasional break-ins in the area and that's what I'm trying to do is just protect my equipment thank you your application arises out of District 3 and District 3 is not represented today um so we'll just randomly ask you questions I'll I'll start just to I think I know what you're asking I just want you know make sure I have full clarity yes sir you are you you're wanting to build a garage structure onto your house only place to build it is on the sidey yard where once it's built you're encroach into the back by less than two feet that's correct thank you thank you anyone else uh so I'm I'm taking a look at the aerial map here just so you know what I'm looking at yes sir so uh this is it sounds like this is for equipment you said this isn't a garage for a vehicle or anything of that nature because I see a garage the reason I'm saying that I see a garage here that wasn't was that converted into living space or what's the the situation there if you don't mind me asking no good question the garage is a gar garage truly my vehicle will not fit in it and that's specifically is what I'm looking for is my truck okay it's been exposed to the elements we've had obviously we know we have storms there and I've had repairs done to it I'm just up to here with the storms okay and so so you're uh when you say the the vehicle won't fits too low it's not wide enough just out of curiosity what's the what's the situation there a little bit of height this is a lowered garage it's a very short garage because it's an older home okay excellent and then you don't have any plans to convert that garage into living space or you're keeping that as a garage the current one or do you plan on doing other things with that in relation to the variance the both existing garage and the new garage will be nothing but a garage not living space okay thank you that's all I have okay thank you I have a follow-up question the neighbor directly next to you who' be most affected by that garage have you spoken to them I have what's their position zero problems any other board member yes uh I was looking at the same house that uh our chairman was looking at um and I noticed in the picture that on the opposite side uh it's it looks like those people have moved a little bit over into his into your neighbor's property and then you are now going to go two feet in further in uh on his other side is there between you and the your neighbor uh is there enough room there for fire department and Emergency Equipment to get through were there to be a fire in the back of someone's home there very much so if you looking at the neighbor to the east of us I assume that I think well according to this is to the West okay to the West uh there's no encroachment from them or from ourselves you can clearly get through if it's to the west and is that the person that said it's all right that you say is in agreement the person to the West actually I I have a list of all the neighbors within 300 foot they have signed off no issues but I also understand the concern for being able to get a fire department through that there will be zero problems getting through they still have clearance both on my easterly side which that's where we wanting to build okay or the Westerly side okay okay I was looking at this particular P picture and I was looking at the the directions down at the bottom and it looks like they're not quite the same as what they should be so all right my confusion that's okay Miss bass I will tell you also we've gone to Google Earth and looked our property up as well as Mr bod looked it up and it took us to the wrong house I don't know why the legal description is correct inside the warranty deed but Google Earth took us to the wrong house so just want to let you know yes thank you that was why I was talking what appeared to be out of turn yeah that's okay it wasn't out of okay that was my question um I was concerned about the uh the safety of the houses near you understand clearly and if you look if I don't know if it shows it there but directly to the east of us there's an extremely large oak tree that resides on my neighbors's yard it just it is just constantly dousing our house along with luckily I got a metal roof but also our vehicles and that's what I'm trying to do I'm very familiar with that issue yep yes no question my question's been answered okay you may uh stand aside for a quick sec thanks sir is there anyone in the audience who'd like to speak in favor or opposition to this variance seeing none you can return to the podium I do this again what's that yeah okay yeah do you have any final comments no sir okay you may you may be seated thanks sir board members what is your pleasure well it sounds like uh it's pretty straightforward I guess I would make a motion to approve the variance we have a motion to approve the variance I'll second that with a second um any discussion no discussion no discussion with that um in order to authorize any variance the board of adjustment through a majority vote must find all the following factors to exist that special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings and structures in The Identical zoning classification that literal enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the application that the variance granted is the Min minimum variance that will make possible the reasonable use of the land building or structure that the granting of the variants will be in harmony with the general intent and purpose of this chapter and that such use variants will not be injur injurious to the area involved or otherwise detrimental to the public welfare uh with with that let's take a vote on the motion we have a motion to approve the variance with a second all in favor say I I I any opposed your variance has passed unanimously you're welcome Mr bod may we please have the next applicant yes item G3 variance application 24v 00003 James Roland and Sarah Jane singal single request variance of chapter 62 article 6 bavar County fot as as follows variance number one section 62- 13725 c 2 to permit a variance of 17. 36 ft from the required 20ft rear setback for a primary structure variance number two section 62- 13725 C1 6.25 4 ft from the required 25 ft front setback for a primary structure in an ru-2 15 medium density multif family residential zoning classification and this is located at tax count number 24 35723 in District 2 thank you with the applicant please step forward to the podium good afternoon uh good after afternoon uh please state your name and address for the record uh James Rowan 5542 Jamaica Road uh would you please raise your right hand do you swear and affirm that the evidence you are about to give this board of adjustment is the truth I do thank you uh please speak directly into the microphone uh application for the variance uh is that uh when we bought the property we we did not know the distance that was supposed to be the the two houses were built in uh 1957 I think and uh we are uh trying to build an addition at the back U with a more functional kitchen and uh laundry room on the house to the rear because we're going moving into that one is that is that all you have for now we'll ask you questions I don't know what else to say I never done this I did say be concise I appreciate that yeah all right your application arises out of District 2 which I represent so I I did visit the property and I did get a a look at at what you are planning to do but just for clarification um you want to build a a addition on the rear house there's two houses on that property so the rear house is where you want to build your your addition by doing that you need to get a permit yeah and in the permit process it was discovered that this house was built too close to the property line that's correct yeah so we want to legitimize the the distance where the the encroachment into the setback yeah and that would be variant number one which would normally require a 20ft rear setback and you want a variance of 17.36% that the with should we approve this variance request that would leave it that would leave a distance between the dwelling the structure and the property line of under 3 ft that's correct yes but it's been like that since 1957 since 1957 yeah okay thank you the second variance request is um also to legitimize what's currently there and that's the front structure being being that's correct from the from the road aring a little close to the road yeah um so you want a 6.24 variance of the required 25 ft setback that's correct um between the property line and the road is there additional County space easement space between where now between the the actual front property line and the road itself is there additional space in addition to that 25t setback your property line is not right at the road is that correct uh no it's not it sets back from it it sets back additional space yeah would you say it sets back at least that 6ot space you're asking for or more where wood there wood yeah 68 foot or so and then you're the addition you're planning on building you don't need a variance for that uh I think they may have said if you look at say the back where the new addition is proposed right I think the it says 188 is that point8 do I need a variance for that corner or no let me rephrase the question I'm sorry it was probably confusing you don't need a variance for the addition is that right the addition doesn't meet the uh 20 foot rear setback but it was included with the variance that's requested for the rear setback to the addition so to approve the variance request for the for the structure itself would Encompass the addition as well it includes what is on the proposal for the survey for the I think the variance is one point two foot I'd be looking for right I understand all right thank you I understand there any other board members have question questions Mr CH Mr chair if I'm I'm I just wanted to let you guys know based on the survey that was provided there is um uh a 10 foot right away between the back of the curb to the property line so um the survey shows it's 24 ft from the center line of Arthur Avenue which includes 10 foot of RightWay okay thank you does any other board members have any questions Sir Mr Newman so I'm going to ask some like general questions because I'm trying to wrap my head around what's going on here so when did you buy this property was it a long time ago no uh well 2017 I think okay so at so this survey is from when you bought the property because this is a 2017 survey the Planning Commission asked me to get a new one plan Department this is all new okay uh and I could be reading oh I see it was recertified in 23 but the original date of it was 10117 2017 got it yeah and um they asked me perfect yeah they asked me to get a new survey and put the new addition on the back to lay it out okay awesome and then uh so clearly from that survey you bought the house like when you bought this property you were unaware that you know there was this setback issue or things of that nature this is only arising because you're trying to adjust the property okay yeah correct okay got it have you currently built anything U since you've purchased it you know onto it so this would be your going through the process haven't built anything yet exactly yeah I had to take down um a shed that they asked for there was The Back Fence which I think you should have pictures the the lady uh Trina Gillum I I emailed her pictures of a shed that was close to the uh can see it there on there oh no that's no that's fine that helps answer my question I appreciate that yeah so you took down so you took down the shed I took down the shed right to maintain compliance with this exactly perfect and then so now is the um is the uh the addition that you're building is that where the shed was Prior or is this in a different part of the property no different okay part of the property it's at the uh it's at the back of the second house the house on the South mhm you can see where it's written proposed new one story structure yep just just want to be sure because I didn't have that that that shed and I appreciate that okay um just want to make sure I have the whole picture here all right fantastic that's all I have thank you sir thank you you may stand aside or sit down real briefly is there anyone in the audience who like to speak in favor or in opposition to this variant request speak you certainly are hi hi can you please state your name and address of the record yes Sarah Jane single 5542 Jamaica Road would you uh please raise your right hand do you swear and affirm that the evidence you're about to give to this board of adjustment is the truth I do you may proceed um I just wanted to say the addition that we're building is a kitchen um and a laundry room um we bought this house all you can't even put two people in the kitchen it's an old Galley type style kitchen so I just want to let you know there just something functional that we would like to have to use thank you thank you very much is there anyone else in the audience that want to speak in favor or an opposition with that you may return back to the podium do you have any final comments yeah no I think happy enough all right thank you oh yeah you could oh you could take a seat yeah you're good right um let's open up the discussion um is there a motion that anyone could make for the purposes for the purposes of discussion uh I'll make a motion to approve and then we could decide from there we have a motion to approve do we have a second a second second Miss Mard we have a motion to approve by Mr Newman and a second by Miss Mard um with that I'd like to open uh this varant request into for for discussion I okay uh I would um since there's going to be some additional building or new adjustments of the building that already exists what I would suggest is that uh if the board approves this variance that we may want to limit its approval to that as depicted in the survey by the applicant dated 1223 just so that we don't I I agree with that St move outside what we're approving y with that with that I appreciate you saying that with that we should be um making these motions uh as depicted in the surveys so would you like to amend the motion oh yeah oh yeah um yeah I I uh would be interested in amending my motion to approve it as depicted in the survey thank you I second that thank you and second thank you um great uh do you have anything more doctor no okay uh yeah because for my portion because I really wanted to um again I wanted to make sure I emphasize that for the purposes of discussion because if you guys see something definitely let me know because it sounds like this was a they just weren't given all the information when they bought the property and um let no you know no harm no F there I just don't want to it it's pretty T like just looking at this aerial view of it like it's very tightly put into that that side theyve all just land on the other portion so just I'm not quite sure what the story is there but um I I presume if we don't allow for this um I guess this is a question for staff they would have to to remove the the whole property that is there as it currently is built is that correct the property was developed in 1957 zoning didn't start until 58 so they were built before the zoning codes so they're non-conforming to the setbacks you can't expand on a non-conforming structure so that's the reason they're here to get the variances so they can get their addition all right oh know but the uh I guess my question is the negative impact if if it were to happen to be a no on this what would happen to them that's what I'm they wouldn't be able to get their addition oh just the addition they wouldn't have to change their existing structure uh that because currently even though we're basically bringing it up to to current code because they could try to do that if they would like to if y'all deny it okay got they would have to that's why I want to make sure that I'm not it's a separate process to do do a non-conforming use okay where they would have to show that when those that building was produced or built and that it's remained in that current configuration okay much easier to get a variance than to go through that process oh absolutely no and I just want to make sure that we I mean for my purposes and everybody go through the whole what are the consequences if this were not to pass sure what would be the the hardship on them for that so but otherwise um I mean it s doesn't sound like that they were you know they're just kind of working with what they got they're trying to update and improve the home um actually I think the one thing that uh I mean I didn't ask him may have missed it did we ask them um if they talked to their neighbor um that would be going on I did not either um Mr chair is it okay if we bring them up to ask that question I'm fine with that okay U can you come back up for a second please sir hey have you talked to your neighbor um that would be closest to this new addition I have yeah his name is Larry I don't know a second name he he moved here from um California okay he moved his wife was originally from here and that was her mother's house and he talks to me every day he seen what I was doing and okay and that's what I just want to make sure they're obviously not here today whether it's by work or whatever particular reasons or they're just not opposed he's retired okay yeah and so I just want to make sure you talk to them they're okay with this if you were to get approved and build this addition on okay fantastic thank you sir thank you yeah so um I'm generally um given the circumstances again it seems like he's trying to do everything right here um I'd hate to you know make them have to um limit what they can do with their property all because they bought an older home so I um I did get a chance to visit the property and observe the two structures that were built in 19 58 um the the front structure was built um at according to current code uh a little too close to the road and the back structure according to current code was built a little back a little too far uh or close to the the rear property line um it's been like that for I can't even do the math 60 60 something years and um and it didn't seem to be a problem then and I'm certainly not going to have a problem legitimizing those two structures um as far as the the addition um I did see the um the outline of where the addition is going to to uh be constructed it's much more limited and compacted in than the structure itself uh there's a large sidey yard just to the east of the house where the the kitchen uh addition is going to be built there's plenty of space in that sidey and plenty of space between that new structure and and the side property line and then the um that structure uh and the distance between that structure and the rear property line is going to be over 19 ft which is or around 19 ft which is which is probably 15 ft plus more than the distance between the structure and the property line now so I'm looking at the at the addition as as no intrusion to either property line at least no more than what's already there and much less in actuality so I have no problem personally with with your variance re West any more discussion no discussion just my my first comment about following what we're approving here because as we continue to build or the kitchen is continued to build it might get bigger so I just want to make sure that we're not further encroaching Beyond this area yeah I think that's the importance of um of putting in our motions that it should be as as depicted in the survey okay in order to authorize any variance the board of adjustment through majority vote must find all the factors to exist that special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confer on the applicant any special privilege that is denied by the visions of this chapter to other lands buildings or structures in The Identical zoning classification that literal that literal enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum minimum variance that will make possible the reasonable use of the land building or structure that the granting of the variants will be in harmony with the general int and purpose of this chapter and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare with that we have a motion to approve the variance as depicted in the survey and a second um all in favor say I I any opposed your variance passes unanimously thank you you're welcome Mr bod may we have the next applicant yes item G4 variance 24 V 00004 Gary Lee caller and Susan caller request variance of chapter 62 article 6 Bard county code as follows variance number one section 62- 2118 D3 to permit a variance of 6.2 ft over the 10.4 ft maximum projection permitted for boat dock in a watercraft mored at the dock in an EU estate use zoning classification and this is located at tax account number 260 9578 in District 4 thank you with the applicant please step forward to the podium please state your name and address of the record hi Kelly Honan Land Development strategies 355 spoon Bill Lane Melbourne Beach thank you would you uh raise your right hand do you swear and affirm that the evidence you're about to give to the board of adjustment is the truth yes thank you you may speak directly into the microphone please sure so again my name is Kelly hion and I am on here on behalf of Gary caller who is the property owner of this property he did I'm sorry uh on this side do we do we have authorization for her to speak on behalf of the property owners yes yes ma'am thank you thank you signed and seal healed in blood I saw it myself so the property owner purchased this property mid 2022 with permits in place for the construction of a single family home customary accessory structures um such as the boat dock and the lift um and the decking that's all there so a boat dock and lift were installed according to the drawings furnished by the previous property owner but after the dock and lift were installed it came to the attention of the Builder and the property owner that the boat lift piling which I'm going to zoom in here to show you what's going on it was hard to see yes yes so the boat lift piling which okay here's here's the pretty picture but maybe this is even more helpful okay so you can see where the boat lift is and there's pilings that project out into that Waterway so after they were installed it came to the attention of the Builder and the property owner that the peers those pilings for the boat lift specifically were too far into this man-made Waterway um you know there is a question is it a canal is it an easen is a rideway all we can tell is it's a man-made Waterway um so it projects further than code allows by 6.2 ft um what's unique about this so code allows those pilings to project 20% into a canal or drainage ement or ride of way and in this case this is all private property which is unique and he's only building it on one side so if he were to also build on the other side someone else could come out 20% so he's not exceeding a 20% plus a 20% so it's a minimum request in able for him to be able to keep that boat lift there um if I go back right here this kind of explains unique circumstances for this property so anyone else along tropical Trail they can put you know their Boat Lift out of the east side or the west side you know Banana River Indian River but in this case they have this added benefit of this tucked away private man-made Waterway so he could just go stick it out even further into the Banana River um up to 20% into that but this is just a secluded area it's at a dead end and this request will not impact any of his neighbors or anyone else no one has any reason to come back into that dead end of the canal um and I won't Bore You by going through my entire Varian hardship worksheet but we do believe that there are special conditions on this unique property in that it has this unique man-made Waterway the property owner did not knowingly cause the peers to be installed in violation of code the man-made Waterway is also put in place way prior to all of this happening you can't do this kind of stuff anymore um approval of the variance does not constitute any special privilege to what other EU Zone properties are allowed and literal enforcement of the code would constitute an unnecessary and undue hardship on the property owner this is the minimum variance that would allow for the existing Dock and Boat Lift to remain we are fine with this being conditioned upon the survey that was included he has no additional desire to put something on the other side of the canal or make it larger so this is reasonable that a prop with Frontage on the Banana River be allowed to have a dock and boat lift that does not interfere with any other property owners we believe this request is consistent with an allowance to have a 20% projection since it's only on one side and he's not having any projections out of the other side and no impacts to the neighbor so if approved there's just a couple things left the house is under construction now he'll be able to get the final irrigation and plants put in and then see all the property so he can move here so he's very excited to to move to this area happy to take in questions this uh application arises out of District 4 Dr Bass yes I've lived here for a very long time and I'm very familiar with South tropical Trail and the purpose of buying property that far south is to have dual river access that's the idea and when I saw this picture I was very surprised to see is this land in the Banana River was this man-made or yes it was a manmade I okay something that it it's kind of like its own little Bay protected from the elements of the river as you know if you put a boat dock into the Banana River could be 200 ft long that's right that's right uh okay I I I assumed that that was what had happened and uh and I can appreciate the purpose of buying the property someone like this because of the two river access is fabulous it's it's a wonderful place to live and um I was just very surprised to see this enclosure but in when I looked at the property when I went by and I have been by there uh as you said it's not infringing on access by the neighbor to the Banana River the neighbor to the South correct so and obviously the neighbors to the north have been living there with this island out there already so um I I really don't have any further questions I was just I was just primarily curious about how that land got in there I have a couple questions sure the man-made Waterway is that deep water you know I don't know the answer to that question um it's probably filled in over time but I know that the boat he's planning on putting in there it doesn't have a huge draft it's not a sailboat um I don't want to guess and be incorrect do you know if um if they would be planning on dredging no there's no plans to dredge at this point okay and uh on that man-made Waterway are there any other docks there is a small if I move away from this it moves with me you can see that there's a small dock for a couple houses down there's larger facil even further north um the property on our next door actually doesn't have a dock at all um but as you see those mangroves are growing over into it so the canal is actually a lot wider than it looks like in this aial right so if you look at the the survey you can see how wide it is it just looks like it's not that wide with all of the mangroves so so it appears that that and I think you you provided in your testimony that the uh property in question is at the very end of that man-made Waterway and there would be no other access to other properties past his correct um the edge of that Waterway stops on his property and doesn't extend or give access to the property to the South thank you you're welcome um uh as something that we like to ask I know this doesn't directly impact um that neighbor but do you know if the property owner or somebody representing them has reached out to any of the neighbors and asking about are they okay with this happening and this permit being done and all that I'm not aware of any objections from the neighbors for this variance for the pilings okay thank you you're welcome Miss Mard no questions all right if you don't mind we stepping aside or taking a seat we'll just ask if there's any other um audience members that want to speak in favor in opposition to this variance request seeing none you can return to the podium uh do you have any final comments um nope okay uh you may be seated thank you Dr Bass this arises in your District do you have a preference yes I'll uh make a motion to approve this variance as depicted as depicted in the survey thank you we have a motion to approve the variants as depicted in the survey by Dr Bass do we have a second a second second uh by Miss Mard with that Dr Bass would you like to start some discussions yes I would um and as a new Floridian I believe that's coming into our state uh it would be nice to if that person were informed that as mangr continue to grow and it looks like they're growing to the west and not the East that that is a preserved Florida natural shrub plant tree and uh as was asked earlier uh redring this by anyone would probably not uh be a good idea just in comment and especially the mangoes the mangroves they cannot they grow very fast and they spread so uh he may end up going out to the river eventually anyway just as a comment uh just a couple quick comments it this Waterway it's it's it's the very end of the waterway at the subject property I I don't see any other uh boats that would need to navigate through there um it's almost that end is almost an exclusive use for for that property um it obviously there's been boats there before um it applicant doesn't plan on on dredging and um I really see no no problem with with having this variance approved well no I I'm generally in alignment with what you guys are saying I don't think that there's any uh any harm or file and approv those and I agree okay hearing no further discussion I'll Now read the six undue hardship uh worksheet questions in order to authorize any variants the board of adjustment through majority vote must find all the F following factors to exist that special conditions and circumstances exists which are not applicable to other land structures or buildings in the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confirm the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in The Identical zoning classification that literal enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant that the variance granted is the minim minimum variance that will make possible the reasonable use of the land building or structure that the granting of the variants will be in harmony with the general intent and purpose of this chapter and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare with that board members we have a motion to approve as depicted on the survey with a second all in FA favor say I I any opposed that your application and your variance passes unanimously you're welcome Mr bod may we please have the next applicant yes item G5 variance application 24v 00006 Ronald Robin request variance of chapter 62 article 6 Bard county code section 62 - 1446 D7 to permit a variance of 5.2 ft from the 10t side North setback required for an accessory structure in a PUD plan unit development zoning classification and this is located at tax account number 2614 560 in District Four thank you will the applicant please approach the podium hi I'm Jennifer arre I'm Council for Mr Robin okay um thank you you may speak clearly into the microphone please yes my address for the record is 508 North Harbor City Boulevard Melbourne Florida 32935 thank you and for the record on file we have unfiled authorization I believe Council if it's a attorney authorization isn't required I'm sorry the the question was is there authorization for this attorney to speak on behalf of the applicant for the record for the record thank you and um I've learned recently that I do not have to swear the attorneys unless they're um you know a fact and only witness so not swearing you in okay all right so um we're here uh to get a variance for um what's presently on the property on the on the far end it's a shed it was placed on what was already existing ashalt um concrete area um pre-existing just to give you a little bit history on the on the property um Mr Robin obtained the property in 2023 from Company New Age Telecom LLC just to be clear this was his company he the company purchased the property in 2021 in 2022 he hired a contractor to install the the existing shed um he hired the contractor he spent thousands and thousands of dollars the they were required to get permits get approval from the county and install the shed and do other work on the property um later on through the year um is when he realized when he got noticed that the shed was encroaching on a setback U currently Mr Robin is working with I believe Public Works and environmental to um vacate some easements um in on the property and they have said that once he gets this approval for the variants on the uh setbacks for the shed they'll vacate those easements so right now the shed is encroaching I believe about 5.2 ft I said stated earlier um I believe there still be a clearance at least 4.8 ft um for anyone to you know be able to travel back and forth the shed does go across about 32 ft I believe based on the survey that we provided so right now the minimum amount is that's what's required in order for us to get that um uh variance uh into the easement that is the minimum required Mr Robin had has reached out to his neighbors specifically the neighbor that is to the left side of his property they have no objections he went on and further and ask his other neighbors the front Neighbors The Neighbors to the right to see if there was any objections none of his um neighbors are objecting have no issues with the current shed there's no plans for the shed to be extended it's solely for storage use um there's there's nothing else that he's going to be um adding extending on the shed um there are other properties surrounded in the neighborhood that have similar sheds that are also within the setbacks so um that shouldn't be an issue from any other neighbor surrounded in the area um and let me see if if Mr Robin is required to remove the shed it would uh cause an undue hardship again the shed has been there for at least 3 years I you would say let me see I'm sorry no almost two years I apologize and um again I don't believe um granting this variant would hurt the um Community or anything like that it's been there for quite a while and we haven't had any issues or complaints since then thank you thank you Mr chair before we go on I just want to clarify the the um the the drainage easement was already vacated by the county for the portion that was where the shed was encroaching okay thank you uh this is application arises out of District 4 Dr Bass it looks it looks quite straightforward at this particular time uh when I first looked at the the colored photo I thought perhaps it was backing up to the Banana River but it's not uh and I was thinking hm if somebody wanted to build a dock or something out but that's not going to happen with this configuration I would not think so it doesn't look like uh from the picture it is encroaching on any usable or severely impairs the neighbors to the north property it's out there kind of standing by itself in this small wedge so uh I really don't have any other I don't have any questions it looks like it's fairly straightforward to me any other board members have questions I do not either uh you may stand aside just a quick sec are there any audience members who would like to speak in favor or in opposition to this variance request seeing none you may reapo the podium do you have any final questions or comments no not this time thank you thank you with that I'll open up for a uh a vote for discussion I will make a motion a motion I not a vote let's let's make a motion first all right thank you I will make a motion to approve the variance as depicted by the survey we have a motion to approve the variance as depicted by the survey by Dr Bass do we have a second a second second by Miss Mard um with that uh um do we have any additional discussion I don't uh there's not going there's no trees or environment that is going to be disturbed uh in any way that I can see uh so it's quite straightforward the building has been there doesn't seem to be impinging on anybody else's property or on Florida itself any other discussion hearing none I will go to the uh six hardship requirements in order to author Rize any variance the board of adjustment through a majority vote must find all the following factors to exist that special conditions and circumstances exists which are not applicable to other land structures or buildings in the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant that granting the variance request it will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in The Identical zoning classification that literally enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure and that granting of the variants will be in harmony with the general intent and purpose of the chapter and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare with that now I'll take a vote um all in favor for approving the motion say I I I I any opposed with that your variance request passes unanimously thank you for the next two variance requests I'm going to suggest that we switch the order and here Vance request number seven before six because I have a feeling six will be very lengthy and number seven won't be so if that's if if the board members are in agreement with that probably require a motion we can we can do that Mr chair we can do that without a motion I make a some I make the motion I meant do we we could do that without a motion or we need a motion it's at the pleasure of the board you don't need a motion to change the order okay go ahead it's the board's pleasure to change the order of six and seven so the applicant for M Mr bod can you present us with the applicant of uh variance request seven yes item G7 variance application 23v 000033 Kevin and Tory Downs request variance chapter 62 article 6 Bard county code as follows variance number one section 62-3 395b to permit a variance to allow an accessory structure to be located forward to the front building line of the principal structure variance number two section 62- 1339 5B to permit a variance to allow an accessory structure to be a second accessory structure to be located forward of the front building line of the principal structure and variance number three section 62-3 395b to permit a variance of 5.2 ft from the required 10t side South setback for an accessory structure a tennis court and an EU State use zoning classification and this is located at tax account number 2606 220 in District 4 will the applicant please step forward to the podium good afternoon please state your name and address of the record my name is Kevin DS our address is 855 South tropical Trail would you raise your right hand do you swear and affirm that the evidence you're about to give to the board of adjustment is the truth yes how may we help you so I was told uh when we went to get a we've lived in the home now for about 7 years and I was told when we went to apply for a building permit that um we needed to go through this process to legitimize the property so we've got an law home that's at the front of the property we've got a a tennis court kind of in the middle and then an existing home which we bought all of these things were there when we bought the property 7 years ago and so uh I believe I'm just here more as a formality is my understanding your application arises out of District 4 Dr Bass and that formality is to approve everything the way it stands is that that's my understanding yes ma'am that is what this request is for yes ma'am I believe so okay you're trying to and just for clarification I know you said it and and Dr Bass said it too but I'm slow you have you have three structures currently on the property that are out of code and you're just trying to legitimize what's already there that was there before you even purchased the property so before we purchased the property the in-law house existed the tennis court existed the primary home existed and then uh we put in two sheds and I believe one of the sheds is uh encroaching on the south easement I think I heard that when you guys were were reading so uh I believe maybe that would be a small portion of it but yes sir the the goal is to just legitimize what's already there what's existing uh in order for us to be able to then go to the building department to get a a building permit the the two sheds that are in front of the front building line he has a double Frontage parcel he has the river as his front and then he has uh correct the remainder of South tropical Trail so he has two two the frontage of his property because the existing um guest house was there whenever the house was built back in uh early 200 2000s which is on on the south tropical Trail Road right okay so they trying to legitimize the two existing sheds that are in front of the house toward the river and then the set tennis court setback okay and those would be uh variants one and two yes variance one and two are the sheds and then variance number three is for the tennis court setback uh when you purchase that the property only one of those two sheds were were there no sir we put both in you put both in yes sir okay and did you get a permit for them uh no sir there's no utilities they're uh freestanding essentially floating structures they're just strapped down you could technically pick them up and move them if you had to any other board members have questions Sir Mr Newman so when um when at what point did did you guys come forward yourselves or did you get approached by the county um about this just so we can make sure that everything's clear here cuz that's what I'm trying to we almost have all the pieces together what's going on that's probably the last one for me is how did you you know come to need to do this how did this did you know come to see us I guess a long time ago we went to get a a permit and then they said oh wait a minute no you got to go through this process and and then uh I started scratching my head because the in-law house has been there since I believe like the 40s or 50s that you know the tennis Court's been there for probably a couple of decade so but apparently it must have been the The Sheds that we dropped in was that the the permit that you're talking about was it a permit for one of those sheds no no we're trying to pull a a permit to actually build a um a a pole barn basically a pole barn style that will match the Key West house okay gotcha yeah when we went to pull that permit that's when they said wait a minute you've got a got all these things going on here and legitimize the property and that's when they started talking about the tennis courts and the I said wait a minute you all this stuff has been here yeah so but as we walk through this I'm I'm getting enlightened and getting a much better understanding to no and thank you for that that that helps a little bit now um my question for staff is um are we going to have to deal with the pole barn down the road or like no the um the I think it's an RV garage or or um carport is what it is was proposed and he will just have to get that permitted it appeared to meet the 10-ft setback behind the front building line there wasn't a problem with that it was legitimizing everything else on the property that doesn't meet the zoning codes got it perfect thank you so much that's all I have M all right you may uh stand aside for a quick sec is there anyone in the audience who would like to speak on behalf or in opposition to this variance request seeing none you may reapo the podium thank you do you have any any further questions or comments uh no sir all right you may be seated board members what is your pleasure I'll make a motion to approve the variance as depicted by the survey we have a motion to approve by Dr Bass do we have a second a second second by Miss Mard and uh anyone have any discussion points um just in general I mean just this reminds me a little bit of one of them that we had done prior um it seems like he's trying to do the right thing like I'm glad that he came for a permit for the pull bar and RV piece so if that's what was going on um I could understand why the sheds may have been an oversight most people don't think about that but uh in general I I can see uh I can see where he's coming from and I think this is something that we can move forward on yes I'm uh again I'm very familiar with the South tropical Trail es in particular south of the pinita causeway and uh it was just basically Farmland well orange groves uh for a long time so as the property got divided up and people started building there were um there were just uh things that were missed so or perhaps things that were added that weren't an issue at that time so um I have no issue with this uh it's pretty much typical of South tropical Trail these types of things are happening all right with that in order to authorize any variance the board of adjustment through majority vote must find all the following following factors to exist that special circumstances and conditions exist that are not applicable to other land structures or buildings in the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confirm the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in The Identical zoning classification that literal enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure that the granting of the variance will be in harmony with the general intent and purpose of the chapter and to and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare with that I'll Now call for a vote all in favor say I I any opposed and with that your variance application passes unanimously thank you Mr bod can we adjourn the meeting I'm just kidding just kidding it's up to y'all would you please call the next applicant yes item G6 variance application 24v 00005 of cane Family Trust request variance of chapter 62 article 6 Bard county code as follows variance number one section 62- 2118 D2 to permit a variance of 7.75 7.5 ft from the required 7.5t side North setback for a boat dock and watercraft variance number two section 62- 2118 D2 to permit a variance of 7.5 ft from the required 7.5 ft side South setback for a boat do and watercraft and variance number three section 62- 2118 D3 to permit a variance of 8 ft over the 16 fot maximum projection required for a boat dock and a watercraft in a r-113 single family residential zoning classification and this is located at tax account number 25 1 95 29 in District to thank you uh will you both state your name and address for the record Annie oain 1732 B Drive Coco Beach thank you and Gwen oain 1732 bayaw Drive Coco Beach would you raise your right hand do you swear and affirm that the evidence you're about to give to this board of adjustment is a truth yes thank you how can we help you well first of all thank you for taking the time to meet with us and we apologize if this is going to be a challenging one all right please please speak directly on the microphone and the what are what are we being handed so this is we're going to need a copy of that too please uh this is some supporting material we I didn't want to go through the hardship uh paperwork that you've already received I wanted to be able to visually show you some stuff to support our application okay you do know what anything you provide to us will will have to remain with us yes okay yeah so um first of all just wanted to give you a very brief introduction you know I'm originally from New Zealand I came to the US in 1997 via an H1B Visa with an Australian franchise company my wife Annie uh she was is from the Ivory Coast uh she moved to the US in 1999 to complete her B her master's degree we have two daughters 2721 and a 5-year-old granddaughter we proudly became US citizens on March 13 uh 2009 we purchased our home uh in let me just get that so I'm we were they were kind enough to give us the opportunity to do a presentation wanted to show you that first image just so you can get an idea of of what we're we're talking about the uh the boat that's on the right hand side there uh is the one that's ours uh both our neighbors are here today I'm sure they're going to explain that the both of those additional docs have gone in uh recently um but we purchased our home in Snug Harbor on Jan 31 2002 uh we were excited to be able to raise our children in this wonderful neighborhood finding a home with Waterfront access was a dream come true as we were already Avid boers our house has been a 20 plus year labor of love and we finally completed our last major project in 2023 one of our first projects was uh our boat lift which was installed in January of 2004 and that meant that we no longer had to trailer our boat to a public ramp when the kids were young hardly a weekend would go by that we were not out on our boat the inability to be able to use our boat especially now uh that we have grandchildren is devastating to us we hope today that the board of adjustment will understand our situation and grant us the variant so that we can once again enjoy our boat uh uh and restore our ability to navigate safely on and off a newly constructed Boat Lift so just that that image shows you when we bought our house what I wanted to highlight is that the original seaw wall um I mean I know it's a it's a rough looking deck but the original seaw wall is the seaw wall that's still there today we've never made any change to the seaw wall so um you know just really quickly the hardships are are technically really a direct result of the uh the boa approved variance of 23v 0010 along with additional lower deck that was added to the construction project after the variance was approved and I I'll speak a little more to that our H chips are basically inability to safely navigate our boat without hitting our neighbors structures or their boat um currently we have we're in unable and haven't been able to launch for probably six or eight months because of dredging that occurred on both sides by both neighbors as part of their DOT construction um we have an extreme piie shaped nature of our lot which means uh we have the least amount of space to work with in the canal compared to our neighbors on either side we are faced with a significant financial cost to rec configure our boat dock so that we may once again be able to use our boat and restore our property's ability to have a functional boat dock lift um and of course it has a negative impact on the resale value if we were to not be approved um so we're hoping that we'll be able to um get this variance um this next photo just shows you the the dredging that occurred so you know that's the dredging that occurred on the West Side that's the dding that occurred on the east side as at the completion of their projects when that sand all moved um because we're at the end and particularly when the wind blow it it all ended up under our boat dock and I've always had trouble getting my bunks down deep enough to be to be able to launch it's currently impossible I also wanted to to show you because it was brought up in the um in my neighbor's uh variance application there was questions about the validity of our boat dock and so I wanted to show you if you go online and look at permit number m 01565 74 our boat dock was permitted and I've got the the original me Marine construction uh proposal and it says on there that he would build to city and country code and that all permitting was included and then you've got a picture of what I mean it's it's an old survey but it shows what we were doing in terms of putting in a double piling lift um and and then in the last image you can see that it was finaled on 2104 so it's been in there for nearly 20 years um something else that came up in in in that meeting was that our previous boat was much smaller uh fortunately I still have a picture of our old boat it was a 1996 glass drawn that we purchased in 1998 it was 22 ft long overall our current boat uh is a 2006 Nautic Star that we purchased in 2008 it's 24 ft long so we're talking you know 2ot longer but the lift was designed for a you know a 6,000lb boat when it comes to uh how I launch I I think it was it's important for me to explain how I launch um because it is challenging uh you know my neighbors now with their docks they their lifts they're able to hop in their boats lower it down and away they go uh launching from an elevator style lift is far more difficult you know we cannot board we cannot lower the lift we cannot motor away you'll see in one of those pictures there's Little Steps they're actually 20 in wide that's how I get on the back of the boat I take the covers off the boat I lift up the engine I then get to the to uh I tie on two ropes to the front of the boat I exit the boat I hang on to those two ropes I lower the lift sometimes I have to hop on the bunks to get them into the sludge so that I can you know get it to float I've never ever been able to push it directly off I've always had to push it to my neighbor's property to the to the West I drag it off the lift I start pushing it out I swing it around and then I bring it up to the to the the dock the our dock like you see I tie those two ropes on uh to the to the um to the the do dock there we load you can see our Doberman hopping on there we untie and then we reverse back to the ground canal and that's that's how I've launched it for 20 years anybody that has a boat knows that once you figure out how to launch your boat you launch it the same way every single time um with the construction of the Delilah's boat dock along with the additional lower deck that was added afterwards uh it's made it impossible for us to be able to safely launch I mean I can't actually get it off the lift anyway but you know it's impossible knowing how I would swing it around especially if the wind's blowing I'm going to be hitting part of the part of his structures um you know furthermore navigating from that POS from this position is extremely challenging because I've got to avoid what is now built to my West as well as make sure I avoid my submerged bunks and arms that from my elevator lift so it's you know it's going to be extremely challenging uh and it's just basically not safe what I'm concerned about is is of as I'm pulling it off with the ropes if I hit anything am I going to get sued am I going to get you know by hitting anything is somebody going to fall off it's just it's just particularly dangerous so I actually um I have signs out we have uh cameras ring cameras we had them out there for a long time sort of watching over our boat I managed to capture this video which shows a small 12T skiff uh coming into that little area and and I just wanted to show it to you because it basically it really highlights if this 12T skiff is having trouble it really highlights the difficulty I'm going to have in trying to navigate a 24ot boat into that same area so what what you're going to see here is he obviously not really a capable boater but uh he's going to pull up to our property hang on to our dock manhandle the boat around pull up to the my neighbor's dock um but if you can envisage a 24t boat going into that area you can get an idea of why I'm looking it struggling so I'll cut that there but they then man they then manhandle it and pull up to my my neighbors okay so what we did uh we got us we got our survey done so we've got a full survey here showing we went to Great Lengths to try to figure out how to make this work given that we've got that tiny little triangle to work with um and we actually used ablea land surveying who both our neighbors used and I'm actually using the same construction uh land construction Carter Hayes who built my neighbor dock to the to the to the West I just felt like if we use them and if I use that same you know Carter understands what we're dealing with he was going to be here today he actually signed one of those forms uh he got a phone call just we got just before got his father got taken to the hospital in an ambulance so he's not here so but he was going to come and explain you know as the contractor who built my neighboring my neighbor's do how it was impacting us one of the things that daa was uh did provide us is a survey that actually shows um both neighboring structures and so that was extremely helpful in us being able to then uh produce some slides um to clearly show you to scale using those surveys because I was able to overlap the survey that we had and then overlap their survey I added in the boats to give you a visual effect but basically that drawing shows the current situation with all three boat you know neighbors boats docked both our neighbors can now you know those both neighbors seaw walls are new both lifts are new um so they're able to hop in their boats navigate away um yeah I'm currently not able to launch and for 20 plus years as I've said I've manhandled the boat off there's no way I can swing the boat around without hitting some part of that structure potentially damaging their property their boat my boat or causing injury it's just simply not safe um this drone photo shows you uh the current situation and and I took it just to try to give you a visual of of what we're proposing because it matches pretty closely in terms of the the the drawings what it's really going to look like so if you look to our our neighbor to the east she's still going to be able to back off and and and away she goes and there's probably I think I measured about good 10 ft between her outer piling and our um um uh pilings that would be on the the the slip there and then of course if you look at my neighbor to the west he's going to be able to exit and then start backing out and make his way out into the canal so this shows it very accurately represented uh replacing our current elevator lift with a for piling lift akin to those utilized by my neighbors it's important to note that the boat dot was uh was approved uh my neighbor's boat dot was approved by the variants but then there was an additional lower deck I'm not sure if any of you were there maybe Mr mccan will recall that there was talk about that that area there being left open for us uh that didn't happen after the variance was approved they got the permission to move the the dock over that then gave them more permittable area and so they added another lower deck to be able to launch uh kayaks from um so uh and this actually is from my neighbor presentation from 23v 10 where he actually cuz one of the suggestions in that meeting was that we do exactly what we're proposing to do here today now we respectfully went to that variance meeting and we objected because we knew that we would end up here and we knew it was going to end up costing us $330,000 but but I I put this in here because this was Tony's drawing Jo Tony's an avid uh drone pilot and so he took these images he used them in his presentation but I think you can see it it very accurately depicts exactly what we're proposing to do and and and this was something he thought was you know made sense uh at at his variance meeting so um I also wanted to just sort of highlight I did uh you know in preparation I can tell you I've done exhausted amount of preparation to be in front of you today I've watched some of the meetings and it just happened that you there was a meeting a couple of months ago that was a very similar situation um a house in 305 Ura a that had they described as a big baseball lot and they had a tiny little triangle and they did get approved for I think it ended up being a 97% variance um theirs was they were basically filling in the entire triangle you know I appreciate the circumstances are not the same but I just wanted to sort of highlight that it's you know hopefully it's not without you know not a impossibility to be able to get a 100% variances which is what we're asking for and I appreciate that's a lot um one of the things I heard today that there's there's a couple of opposition letters I haven't seen them I don't know what's in them they they've not been shared with us um I will tell you uh we went to Great Lengths to try to talk with our neighbor Melissa my wife re has been reaching out for the last 10 days we really wanted to speak with them well we could save that seven days we're not going to have a conversation now I was just going to say we've been we've tried very hard to try to communicate um you know so that uh but but and and when the sign went out on the lawn any of our neighbors that asked us about it we we showed them all of the stuff that we've just shown you here today and 11 neighbors wrote letters in support there's some neighbors here today in support um so we we're we're we're really hoping if we can get this as I said at the bottom that you know we can restore Harmony within the neighborhood because it's been it's been it's been extremely challenging that's all I have thank you ma'am do you have anything to add no I think you did a good job I have a um I have some questions actually I'm probably going to have a lot of questions um first question I have is you you you you I don't you you you said you had a survey done that contains your proposed Doc and the existing docs for your next two next door neighbors well no with they actually so this and I'm I'm happy to give you this one if you do we're going to have to keep it yeah you can keep it because I have more okay um in fact I can give you I can give you both because um that survey when in fact it was Carter ha sorry it was actually Carter Hayes our um contractor who uh who worked with and um and request Reed the survey and and and quite frankly I was actually surprised when this one showed up on the doorstep I I wasn't actually expecting to get a survey that had their structures on it um so then I contacted them and said no h hang on a minute I need a actually a blank survey because that was at the time when we were uh looking to to to draw in what we were looking to do so so we then got a second survey that had just our property but then I was then we had a third survey which was our property with our proposed Doc and then I was able to superimpose you mean literally put them on top of each other and to be able to show what it all looks like combined so that's how that all came about right so the survey the survey you presented um shows the the neighbors dock structures but not yours well and the other one shows ours I understand that but the one you just presented right so it shows our our property with their structures and then the other one shows our property with our structure but but the one the other one is for your boat structure but doesn't include the neighbors correct okay so you don't have one from the actual surveyor with your boat structure and the two neighbors boat structure on the on the same survey but you superimpose them I laid them on top of each other and created that drawing yes in in the last couple pages of your presentation you have an attachment C that appears to be a ser survey with some added yes so that's the one where I I overlaid the first variance with the second variance okay oh sorry the first survey with the second survey and when when you say overlay can you describe a little bit more specifically what you mean by that um I I used software to cut and paste uh the first survey and then over and then cut and paste the second one to scale and then overlay the two together so when you did your overlay you're not you're not a licensed surveyor no this is this is this is my drawing yes this this is your your drawing yes based on your belief of how it would all fit correct in the overlay okay and you did show a you showed a a slide with an overhead um maybe a Google overhead or an overhead of the actual property and um and they looked like the property lines were drawn in and perhaps there was another overlay done with that this one maybe yes yeah so that was that was my attempt to try and show I wanted to really try to show how the the surveys with the overlay drawings and then try to make it look real for people to be able to see so you know I wanted we would try to meet with Melissa we wanted to be able to show her that we were leaving plenty a room between our structure and her structure and also you know very clearly show that you know Tony with his new structure he's still going to be able to exit this you know and start to turn out into the canal really just to try to visually show what it's going to really look like when you did the overlay on the um the depiction on the right yes um that's the one you created yeah and that was that was a little bit of cut and paste of uh cutting out cutting out that picture of the boat and trying to I mean if you look at my I know it's crude but I mean I I tried to look if you look at it those are three foot wide um finger Piers finger peers on my neighbors I mean I've probably drawn them a little thicker than 3 foot but again just trying to visually show and I even you know we in order to accommodate that uh We've cut the corner off that particular finger paer and and so it should match the the the survey that we had done the drawing the depiction on the left that's an actual photograph correct and who took that photograph [Music] um uh uh Carter Hayes contractor okay yeah and so yes that's exactly where it came from and again this is this is your creation yes but I will comment and say just by the naked eye looking at the two different depictions the size of the boat looks the same and the uh the finger peers on both sides of the boat also look as wide if not wider than the neighbor finger peers my wife actually made the comment you need to thin those down and I'm like you know it took me a while to do that so I'm not doing it again it was not easy my wife tells me I have to thin down other things well yeah she tells me that too um so you're you're you're asking for 100% variance um of the 7.7 7.5 ft uh side stck back but it that's as it extends out into the water and not at your dock line correct all right so your your seaw wall um we'll talk about your seaw wall the the structure you're proposing at the seaw wall is that set back 7.5 or greater on either side significant well greater because we're talking about uh uh I think the the overall is going to be 10 ft plus 3 so uh 16 ft um and uh I think our total toal seaw was 40 something I should know that but I don't maybe it's 38 so okay so whatever the difference is I'm not that good at man do you do you know how far out your proposed dock structure is going to be when you start encroaching into that 7.5 foot setback it'll be at 23 ft is that that's the end of your your structure correct I'm I'm not talking about when it hits the actual 7.5 ft where you're asking for 100% that's the end of the structure right and that's where it hits the point but at some point before that you're starting to Acro so where where would 7.5 ft be between your structure and the actual property line extending out into the water that math I'm not kable okay yeah I can figure that out you showed a um video of a skiff navigating into that that area uh between your house and your next door neighbor's house that area currently is what you have for your swing or to back your your boat up your elevator currently yeah I I I swing out and then I do the opposite when I come back in okay and should that kayak platform not be there would that give you more swing no it wouldn't it so I brought this up in the the the previous variants that uh the the reason I objected to to to the the original structure is I'm more concerned about hitting uh what was approved in the variance than than what I even am in terms of because I can't back up the the reason I tried to explain that in Tony's variance is I have to immediately start to swing the engine around I've got to get the engine into the deep part of the water it does not serve me to head towards that uh that lower deck that was added um but it was more the point that it was supposedly left open for us but it it wasn't it was it g the Avance gave them the ability to add more so the um the kayak platform that you stated was added afterwards has no impact on you I you know I haven't been able to launch so I don't I mean if the wind is blowing the day you came the wind was to look at the property the wind was actually blowing down towards us and and that's because I'm handling it with ropes at that point the boat can end up anywhere you know so it's so I'm likely to hit some part of it whether it's that part or the or the the finger pair or the the Pontoon itself I mean what worries me is when I launch I have to put my engine up and then I have a a spear my skeg that I'm manhandling and pushing into that area and I could Pierce one of his pontoons or I mean it's just it's just an ugly situation for me to try to avoid any of it uh your next door neighbor did install a kayak platform that we we were talking about with your proposed dock that you want to install would that give enough space between your Dock and his dock to get at least a kayak through there oh absolutely I mean if I'm expected to get a 24t boat through there I think a kayak can for sure what about um that ski that we saw in the video would there be enough room for that skiff to get through there well there'll be more room there'll be more room cuz part of the thing and uh because of the N the shape of that triangle that paer that's on the West Side everything actually has to move over towards the east side in order for me to fit it inside that triangle so it will actually create even more space like if you look at um maybe on that particular drawing um if you like there's one plant at the end of that finger pair that's sort of yellow I mean when you compare so my my boat and engine is further to the West in the current position than than any of the structure would be when we build the new structure so it it actually opens up more for my my neighbor to the to the West you said that with the dredging from both your neighbors that um some of that fill ended up under your elevator lift and under your boat are you able to actually get the boat down far enough to float no I have not launched it since those since that dredging was done because you know uh I was like okay I can go and get a sump Pub and I can start dredging and I can push it all straight back to them but then we're going to end up in who knows what kind of mess so so I just left it uh I've done nothing with it currently the the um the depth is very shallow we're in dry season when when did the um dredging occur um well these structures were built second quarter or third quarter of last year I think I mean the neighbor they'll be able to yeah tell you I'm not sure Mr chair can I just jump in for a second I just want to I I hear people saying that there was some dredging that was going on zoning does not regulate dredging so if there's any dredging that's going on or would highly suggest that you get with natural resources management sometimes it's allowed but some most times it's not so I just want to make sure that if there is any drudging going on that you're contacting the correct um County department to see if it's I mean you know we objected to their variance but but we accepted that you granted it and and and and you know I I appreciate that dredging is probably going to be part of that construction project so I I I didn't want to make an issue of it I just figured I'm going to end up here in front of you guys hopefully we can resolve this uh so I I didn't want to call the reason the reason I asked isn't necessarily about whether the drudging is valid or not not it was I want to see what hardships you're facing right now well and and one of those hardships is you can't even get your boat to Flo yeah even before these projects uh you know my wife will tell you because you know she does I've got I've got a process and part of that Pro when I when I put those bunks down sometimes I'm standing on those elevator arms to get it down it's very sludgy back there all it seems like it's not solid it gets very sludgy so sometimes I'm pushing those arms just to be even before these projects but since these projects there's just no getting it down your proposed doc um is would result in a 24t projection out into the Waterway including the engine including the engine so the structure itself won't won't protr the structure will be 23 ft uh which is the the length of the boat and then we've allowed another foot for for the outboard which half of the outboard hangs over the back of the boat and the half is the extra foot and you said you have the original seaw wall yes you haven't constructed a secondary seaw wall behind you no in fact when I had Carter come over one of the questions was you know cuz it's we don't know how old it is it was there 20 20 plus years ago um but I actually had him look at it and he said no it looks good he said don't touch it just leave it so that's what we're doing okay Mr Newman I'm gonna I think you exhaust any questions that I would have had Dr Bass I agree I I think you've asked all the appropriate questions that I was thinking of uh at the time so yes I'm fine at this moment Miss Mard well informed all right would you uh step aside maybe have a seat yes uh Mr VOD I understand there were uh additional letters of uh opposition and in favor that maybe were not provided in the package um Kristen is there so we we can give you there's 11 letters of support I don't I think they're on the printer so we're going all right these These are the letters you included plus additional ones we we I think we had uh six that were on the in the package okay or five and then we got an additional six so we have a total of 11 and do you have um all the letters in opposition sir what I want to do is I want to I want to invite audience members to come speak in favor or in opposition but I also want to give you the opportunity to review the other letters while we're doing that so that you can when you come back for rebottle you have a chance to address them okay what I'll do is I'll start with any members of the audience who wants to speak in favor of this variance request good afternoon do you state your name and address of the record please my name is Lilo Rowan and I live at 1800 bore Drive in Coco Beach and will you uh raise your right hand do you swear and affirm that the evidence you're about to give to this board of adjustment is the truth I do uh thank you you may proceed yes hi there I've been uh I I've lived at this address 1800 for about uh 11 years and I've gotten to know all of my neighbors and I understand what happened with the variance for the delas which unfortunately prevents the oanes from properly safely launching their boat I used to be able to go out with them and ever since since this uh the new structure was built he's been unable to go out and I have also not been able to enjoy going out on the canals and into the river with these lovely people I think it would be a grave Injustice if they were to not get approved for this variance so that it would reduce which would reduce the the value of their home the value of the enjoyment of the canals that we've been able to do for several years now and in fact the ocaines practically have been taken away a right that they've had for over 20 years so I feel very very strongly that this should be approved so that they too can enjoy the waterways the way their neighbors are able to do at this point Thank you very much thank you I do have um the two letters in opposition I'd like you guys to have a copy of them and to review them while we're going through this process is there any other audience members that want to speak in favor of this variance request please state your name and address of hi um my name is Marie zambuto and I am the trustee for the mizi E ambo trust at 34 West Point Drive Coco Beach where I currently live um I've been in front raise your right hand I'll gladly say anything that's absolutely truth I that's all I ever do I'm quite vocal had to become that way as a widow do you swear and affirm that the evidence you to give to this board of adjustment is the truth absolutely thank you you may proceed I've been in front of this board once before um as a hardship variance so I'm quite familiar with the process um as were several other of my neighbors who were all complained about by somebody had moved into the area um for having a shed from the 19 who knows what 60s I think anyway that was approved and I was grateful I think it would you know as Lilo stated would be a great Injustice for the ocaines who have been in this property uh longer than I think anybody in the room um in the whole neighborhood and um to not be able to enjoy what they have enjoyed since 2002 I mean that's a long time um I've only been there since 2010 in the neighborhood and the neighborhood's you know culture seems to have shifted fairly recently um it's always been a fairly chill neighborhood um um where everybody pretty much got along and supported one another um you know my my situation where I was complained about for having this ancient shed um that I knew nothing about other than I bought the place that way it's similar situation to theirs I mean they bought it with a dock they bought it with you know a seaw wall um they've used the boat they've used the you know put the lift in the way it was recommended that they put it in um and all approved um I guess I'm having difficulty myself personally with why is one new thing approve that then affects somebody else that's been there for a long time that's not okay and I'm you know think that the Board needs to really examine those type of practices that you know are in favor of one that inhibit somebody else and the oanes have been very helpful to many of the widows in the area um they're just kind people um you know they may not have been born here in the United States but they sure as heck are Great American citizens and great neighbors and I personally want to make sure that you understand that I believe it is a hardship case having gone through one myself and I think it's to no fault of their own and that they should you know that they're having to come in here it's it's a big deal it's a financial deal I was It was kind enough of the board at the time for me to wave my fees you know and I know for a fact that it is a huge financial hardship anything beyond what he's requesting to do would be an even greater hardship so I'm hoping that everybody will come to the realization that this is what he's proposing looks legitimate it's not affecting anybody I've looked at all the plans and you know having been an avid boater in Newport Rhode Island with some of the big boys and the big boats okay against America's Cup people you know moving a boat and manipulating a boat is no small task especially in heavy wind and Snug Harbor is known for its heavy heavy wind you know I live on the west side I take the waves I take all the wind and I can honestly say that what he's stating having lifted a boat in and out a 30 30 30 Fe 6 inch boat ael's class for many years in Newport I can assure you that you do it the same way each time and you do it for safety reasons you don't want to hit anybody break anything you know Etc we used to joke my husband's name was first name was Kirk you know no he was Captain Kirk but he was also Captain Crunch and you know he occasionally would you know hit things just because the rules were the rules in racing that isn't what Mr okain wants to do he just wants to enjoy his boat again and and enjoy his his home that he's purchased years and years ago and I think the board you know based on the fact that they granted another variance that has inhibited this problem or created this problem needs to fix it and write it and I want to propose that they even wave his fees you know it's not fair money is money and being a widow and I pinch pennies every single day putting two kids through college and grad school I'm telling you it it's it's not an easy process and and I believe it is a hardship and I just want the board to hear that from neighbor who's appreciated their help over the years and I'm here to help them okay that's it that's all I have to say thank you you're welcome thank you are there any other audience members that would like to speak in favor of this variance request good afternoon would you state your name and afternoon my name is Beth skold I live at 24 West Point Drive I'm in the same Snug Harbor area and um I reviewed all the materials would you raise your right hand oh I'm sorry do you swear and affirm that the evidence you're about to give to this board of adjustment is the truth yes thank you I went through all the materials the hardship uh worksheet and it appears to me that there's that that the variance would should be granted um I was joking laughing when I saw the video of the little boat coming in there cuz we have a little boat and I was thinking oh no I hope that wasn't us because we take our boat out and check out the neighborhood and that culdesac or that little Bay there is very difficult and we've got a boat left and we can just pull right in and pull right out and trying to be able to back out and turn around would be so difficult and the other the neighbors is perfect you just pull right in you pull right out this third one you'd pull right in and pull right out right now that's not the way it is so again after I reviewed everything it looks to me like yeah this makes perfect sense thank you thank you thank you are there any other audience members who'd like to speak in favor of this variance request okay good afternoon good afternoon would you state your name and address of the record my name is Judith green and I live at 8 West Point Drive in Coco Beach Miss Green would you raise your right hand do you swear and affirm that the evidence you're about to give to this board of adjustment is the truth absolutely the truth thank you I have a partial view of the three neighbors them and the two Neighbors on the side my neighbor has a full-on view I'm over there in his backyard a lot because I watch his cats off and on it's looks really nice what's been done they are able The Neighbors are able to get their boats out come and go and he can't because I wouldn't even attempt to get that boat off that lift he's going to need a crew to help him for that reason he needs to have this variants approved they've got theirs approved they can come and go they should be happy and he needs to be happy I've been here since 04 living in this house at 8 West Point I've known them since ' 04 the wonderful people and they deserve to have the variance that's it thank you thank you is there anyone else in the audience who'd like to speak in favor of this variance request seeing none is there anyone in the audience who'd like to speak in opposition to this variance request please approach would you state your name and address of the record Melissa Byron 1722 Bayshore Drive Coco Beach you raise your right hand do you swear and affirm that the evidence you're about to give to the board of adjustment is the truth yes um going to start I I wrote something but I want to respond to other things later okay um good afternoon my name is Melissa Byron and I'm the trustee of the Melissa Byron trust uh the trust owns the property located at 1722 Bayshore Drive in Coco Beach I live next door to the applicant who reside at 1732 Bayshore I understand that the board has already decided to go forward with today's hearings however I respectfully wish to include this statement in the record the website states that you must get a 10-day mail notice it doesn't say courtesy it's in conflict with 62- 252 and I think that the information on the website should be accurate considering this is a quasi judicial meeting um also when you search just go online to search uh Bard County Zone uh variances the first thing that pops up is you get a 10-day notice by mail um and and so none of the people around them got notices now and their home is their home is really to the north of me and if I live in a CX so when I go out I turn right I never turn left because it's dead end there's no reason for me to go there so I don't see any notices and I don't know how many people still subscribe to Florida today I'm sorry I don't so uh I just wanted to be known that um I'm participating in the meeting but I don't wave my right uh to receive notice in accordance with the zoning variance process set forth in The Bard County's where website now you have in front of you uh my objection and request for a postponement have been noted I'd like to approach with photographs they are marked uh byun 1 2 3 4 and five if you um is that what was already handed to us yes if you in the very back okay which way this way yeah thank you um I'm is sister as been testy the applicant Mr okain of 1732 Bay Shore Drive Mr L abots one side of the applicant's property at 1742 and I reside at 1722 which abuts the other side as a preliminary matter the County ordinance I will reference during my presentation is section 62- 2118 residential boat docks piers and specifically subsection I'm opposed to the variance 24v 00005 oane property for the following reasons the building of our Dock and lift at 1722 Bay Shore Drive maintain the current distances between the O'Keefe's lift and mine we did not alter the space between the keys that they were using to navigate their boat in the canal we did not change that I'll show you this this is um here's what you need to see hit that one up we didn't change it see how close he is to me that's the same he's been that close from day one and it's okay I'm I'm fine with it um we didn't alter the space in fact by eliminating a right angle on the side of our dock closest to the oanes we created more room for the oanes to maneuver as they pull away from their current parallel docking position so you see that and see Byron 1 and two I attended the variant hearing for the Del request when they constructed their dock at 1742 Bayshore Drive and the oanes Never stated that the granting of said variants would impair the elan's ability to use their boat I went back and listened they never said they couldn't use their boat if we both you know if we did what we were doing um the proposed changes to extend the KE can's lift and Piers past the end of my current boat I don't have as good a drawing as he does I can only I can only use what you know I have this is what it looks like that's what it will look like see how far past my boat it is you know it it's it's that's the end of my boat so I I I won't be able to get out because as he's saying I can come straight in I can't because it's really shallow there it's really shallow I can stand there um and I go in by coming out into the navigable water and I have to turn in to get to get to my to get into my my lift and I agree with with um Gwen it's really shallow there when it's low TI low water I can walk out there and there's rocks so mine's very tight um there's no doubt so I can't pull it straight out and then go out I have to come out at an angle into the water maneuv pull away their current parallels um the proposed changes extend the ke's lift and Pi past the end of my current boat as you can see by our crew drawings I I didn't have time to get an engineer zero side backs side Set Side setbacks are unreasonable request for the canes because it means I will not be able to get my own boat out of my dock nor access the port side of my boat I allowed by ordinance to come out 16 ft I came out 13 1/2 ft I wanted to put a a finger here so I could get to the other side of my boat on the on the port you know how I get to the other side of my boat see that kayak sitting on the side right here I have to get in the kayak go around the side put the cover on and then strap it under that's how I can get the cover of my boat so if I were to put a ping finger paer out which I still have two and A2 fet and he puts his finger paars out I can't get I if he put his here I can't get my kayak even in there to put the cover on my boat um they're asking our neighbors are asking for 150% increase over the present ordinance requirement this is entirely too much encroachment on their adjacent neighbors properties the keys have the smallest this is important the keys have the smallest piece of Waterfront with the largest boat their boat is 24 ft 2211 for the boat and 1T for the motor in length the length of their boat together with the code requirement of adding 7.5 ft on each side for setbacks demonstrates that presently the canes are already using 39 ft of their 34t Waterfront 38t excuse me 38t measuring from the seaw wall because the seaw wall is not I show you we didn't overlay too only ours isn't as pretty as his but here's the overlay you can see where there seaw wall if you see the green the green line is where that is your high mean water line that's where your seaw wall should start at your green line okay as you can see mine starts there because I'm there with the Byron and the lenos starts on theirs too their seaw wall Gwen's and and anies don't start on the high immune witer they they start 10 ft in so they're already 10t fur further out with their seaw wall than any of us so 10 ft plus the 20 4T is 34 ft out into the canal because that's you know those are the different measurements so measuring from the seaw wall the the oanes beach is 108 in wide on top of it so projecting another 9 ft from their seaw wall their Waterfront reduces from 38 feet to 28 feet side to side which means they're both exceeds the setbacks on the starboard side by 11 ft I mean his boat's almost in my backyard now but that's okay I I know that because he needs to be able to use his and he's been able to use it forever and that's fine you know he bought his house three years before I did mine and he put his dock in before I did I didn't put mine in until I was going to live their full time by contrast we have 53t I have 53t of water front and an 18t boat which complies with the County ordinance if the County ordinance would have allowed me to have bigger I probably would have put in a bigger one but no I have to ride by the setbacks and how far out I can go the oanes created their own hardship by P purchasing a boat in 20 2008 that is too large for their current land County pictures from 2007 when their docine lift were completed shows a smaller boat that most likely complied with the ordinances at the time there it is County records show that the current boat was manufactured in 2006 and transferred to their ownership in 2000 in 87 8158 um please the phots okay granting the variance is not in Harmony in general intent and purpose of the County ordinance intended to preserve navigable Inland Waters and such variants will be inous to me may not to be to Tony but I think he's going to be ined too because we need we need that basin to bring our boats out and turn around and I've only got an 18 foot I know but we will not be able to get our boats out I definitely won't I will be so trapped that I've got nothing because I've got both Corners cut contrary to to to Gwen statement on the variance workship number one the special condition we did not dredge I have 2 Ines of water do you know you know where your bunks if you're fam with the boats and the lifts you know how the bunks come down and and then you have the flanges underneath them I had to cut off six Ines of flanges underneath my bunks to bring my boat in okay so we torched those so we could get because otherwise it sits on the bottom and I can't even get my boat in that's he's right it's shallow I mean it' be nice if we all three could work as neighbors to go to the environmental and say can we dredge the muck out of here that would be a great thing for all of us is to make that request um see you can see in the overhead shots how how uh low the water is and it is especially now when it's low um a close infection you can see the Sandy Bottom aton's response on our hardship on number one states that we enter in perpendicular to the seaw wall that's what it says as shown in picture two yeah as show in picture two I don't enter perpendicular I don't come straight into my dock I come at an a I am parallel as as most everybody is I mean uh so I'm not I'm not getting to come straight in it takes me a couple shots to get straight in so I'm I'm not um I I don't think that that shows that that we come in perpendicular the canal we're talking about is shared by three of us not 15 people can come and tell you how much they're great people and we all may be great people and we like each other and we are neighbors but it's our small piece of paradise us three no one else comes down there they're just um you may have a letter of support from the with the majority of vehicle traffic just as three of us in fact I had I in fact I had a neighbor come by with a letter written by the ocaines asking them to sign it they told me it didn't affect them but wanted to be good neighbors I showed them the backyard and they exclaimed no way should they be allowed to go 24 ft out or be closer than they already are the oanes have purchased the pass across the street with offer which offers plenty of Waterfront for their boat their plans are to move there why Grant such a variance that will disrupt the only two neighbors of the East Creek Canal I wish to be transparent and tell this board that when my contractor put in our lift they measured from the fence line not the property line and we are not 7.5 ft on the North side our contractor is working to fix this mistake since he readily admits he missed the me me he missed the measurement due to lack of notice we were unable to research the applicant's 2003 permit for the construction of the existing dock in order to fully understand the response to question two on the hardship they state that in 2003 they applied for an elevator style Boat Lift due to pering limitations what were the perming limitations that caused them to to do that um accordingly I do have that question for staff for the board what were the pering limitations it appears from Bard County Appraiser website the ocaines had a smaller boat in 2007 were they required to have an elevator lift because of the size of the boat waterfront property size or the required side setbacks thank you for your consideration sorry it wasn't as complete as could be but but in honestly Annie did come over she went to talk to me I had my arm in a sling I just had four weeks out of rotator cuff surgery I'm still seven weeks so it goes this far so and my grandson was coming in in town and I had family that was not ill so I couldn't sit down with her but asked her to send me the stuff and she did and that's what allowed me to prepare my when did you um find out about this hearing for today um Annie came over and talked to me Thursday last Thursday Gina seven days ago the 14th does that sound about right yeah okay let see the sth or the 14th that's I'm come here you need to go we're trying to we're trying to explore something as a board okay the 14 the 14 minimal seven days ago yeah yeah [Music] okay I want to address in seven days I want to address the um your concerns about the procedure and and moving forward today okay with what you're claiming is adequate notice inadequate notice um like staff had mentioned that is a uh curtesy notice that I know the website may not say it maybe needs to be adjusted for for clarification but it is a courtesy notice it's not a mandatory notice um the sign for the variance was posted in the yard properly and um and um but I don't go that way how can I see a sign I never go ma'am let me let me please speak I'm addressing your concern um because there's more than more than one point of view on it um we're moving forward today uh with a decision made by the board to move forward based on believing that there is adequate notice the required notice is certainly adequate the um the courtesy notice may not have went out but the two neighbors most affected you and your other the other next door neighbor the deas are the are the ones most most affected they have they had noticed they're here today they have an opportunity to oppose um and in in Mr Dell's uh letter um that he sent on Monday to the staff he said that he spoke to other neighbors that day who weren't notified so as of Monday the neighbors were notified um we could have postponed this meeting but I think it would have just been a waste of everybody's time you're not the only one who rearranged their schedules to be here a lot of people rearrange their schedules to be here and I think everyone who's here is prepared to move forward I think postponing it to the next meeting would just it doesn't even make sense it's inefficient so moving forward I think was the proper decision um but I just I wanted to just make that clear and put that on the record since since what you brought up and put on the record um there are some other questions I do have um my first question is have you seen the applicants use their boat and operate their boat after the construction of your Dock and the Del's dock I don't know I don't know I if you see I I I'm not I don't know if they have or haven't no I'm not saying do you know if they have you have you they have or they haven't they could have but I I can't answer that if you would you would agree though since the Del has installed their dock the configuration of that Cove has changed yes do you have a suggestion for us about how the applicants can maneuver their boat and get their boat out of there safely with the configuration that it is now I've seen him do it before cuz cuz my piling on my deck wood wood dock it's a picture when you say you've seen them before you before I've seen them before before I put mine in yeah before I'm I'm saying after you the way the it's configured right now with your Dock and the Del's dock currently in place now you said you have not seen them maneuver their boat to get out no but but prior to that where my doc was okay I'm talking about I'm concerned that they're going to hit me they're not going to hit Tony they're going to hit me we we you we'll talk about that in a minute I'm I want to explore okay this train of thought the configuration of the Cove has changed with the addition of your dock in the Del dock youve not seen them maneuver their boat since that change occurred my question to you is do you have a suggestion on how they can maneuver their boat and safely exit and de launch their boat from their or launch their boat from their property to use it okay this is prior to Tony putting in his his stuff and me putting in my stuff okay right there right there is the end of my dock that was that's the end of my dock before I did anything I had that was in place and every time every time that that I saw Gwen go out with his family he would back set tree is he' back right near that tree over here he right back up there then swing it around he that's how he did it and then there was other times that he would swing it over there and his family would get in but there's a lot of foliage so I don't know exactly how he got into his boat but he would turn it and head straight out and then there are times that I've seen him back it out but see he he could swing back over there okay you're you're again you're showing me pictures and you're talking about what the Cove used to look like before the construction of your Dock and Mr Della's dock now there is a dock behind him and a boat lift and a kayak Dock and the way you're suggestion he he back out he doesn't have that space anymore so is there another option other than what he used to do before the construction of the docks that suggest he could use to get his boat out of his dock but there is more space but see you say there's no there's not more space there is more space Tony's Tony moved his his seaw wall back to his ark back to it so there is room for him to back it off and then swing make the swing around my my boat dock and my my boat lift you it it it is possible to do it isn't it hasn't been shrunk down so much that he can't make the turn or as he told me and he also told you at the Varian hearing how he gets out is he backs out if he backs out he's got to swing his back end out to back in he doesn't need any of Tony's to do that so you're so you're speculating how he can I've seen him do that I've seen him but and I you seen him do it okay two ways bear with me you've seen him do it prior to the construction of your Dock and the Del's dock yes but the have you have you seen him do it since the construction of your Dock and the Del's do so you're speculating that he has the space to do it I'm looking at an overhead picture that shows that he has the space from from the picture as compared to the last time where he has you know he can pull forward to mine and then back did you um you mentioned something about 150% increase I just want to set the record straight there's there's no 150% increase they're asking for 100% deviation for the side setbacks and a 50% deviation for the extension out into the water he doesn't have a 7 and 1/2t setback for me right now he did didn't before I put in mine if you look at at I would have liked to have an engineer draw with the with my plans his plans and the Del's plans together but I went to a survey and said hey can I have that and they said no you cannot have any drawings of other people's property so we had to do it by just taking the scale from our our own surveys that we had and then scale it out to show this this is the scale to show where his boat is going to head out that's where it's going to be it's past the it is past the end of my boat how am I going to get out and how am I going to get around my boat with this kind you know maybe he could move it I I just I think it's a big enough you said he's currently encroaching into the seven and a half foot set back yeah so you're saying he's currently out of code yes and I think he's currently out of code with the with the seaw wall being 10 ft in front of the high water line can you please put that um document back up which one that one the one you just had up the one you just took off the one you just took off so I asked the applicant the same question you're not a surveyor are you and you created that document those are those are your estimations of where the finger Piers would be and where the structure would be but not you're not taking that off of a survey no CU I didn't have time to get a engineer to do that but and the the boat we heard testimony that boat's 24 ft M and they're requesting to go out project out into the Waterway 24 ft plus the 10 for the seaw walls in front of currently currently in front of the 24 ft from this the currency wall is what they're asking for so but he's already I'm I mean I'm not going to ask the question I'm just going to make an observation that that your finger Piers appear to be significantly longer than 24 feet based on the size of the boat my finger Pier the finger Piers that you you put on that document and I'm not trying to argue with you I understand your situation I'm not taking one side over the other I just want to put everything on the record because there's obviously a contentious disagreement about this entire Cove from the time that dellas installed their dock until you installed yours until now inst mine with no variants I followed the ordinances that the county told me I had to they said 16 ft out and 7 and 1/2 ft setbacks I did that my plans were that way I even went 13 and a half which gives him even more room on my side if he wants to swing the nose of his boat up as is swing it up he could swing it out and I agree with him the canal is very very shallow did you add a seaw wall to your property pardon did you add add a seaw wall to your property yes so be when did you add that seaw wall when I added this so you so you you're you projected further out into the water with the addition of your sea wall no no sir I have I have done exactly what they told me to do the green that is the arch The Arc of that of that Cove that is the Arc of how it goes okay that green is where your seaw walls should be see my seaw wall is there Tony's I I didn't can't go through Tony's because I'm sorry Tony it didn't show up I'm right on where I'm supposed to be my seaw wall 10 feet in I'm not saying it's out of code I'm just saying when you constructed it you constructed a little bit further out than your property was before you constructed it no I didn't I had Co Rock there we removed the c rock and we put the the sea all in exactly towards to code of what I was supposed to do okay that that makes sense okay okay I did that makes sense and that's what I'm trying to explore every all the facts okay um I don't have any more questions but I do appreciate you coming in I know it's not easy to oppose your next door neighbor Disney World today from the grandson but I do want to see if any other board members have any questions yeah but mine is to code go ahead um No I um and I appreciate you by the way um he asked and got a lot of the questions that I had answered on that just um one big thing just to finish up that postponement question because I know that um we may have you you're probably not going to be the last person to talk to us about that um would If This Were postponed what would that have made your testimony any different the only thing that I have right now is that you are unable to find out about whether something was allowed uh or permitted properly in 2003 was there anything else that you would have been bringing or been better prepared for or anything like that if you had gotten the extra three or so whatever that was days from that person if I would have gotten the full 14 days I could have gone to an engineer and said can you draw this up for me so I wouldn't had to Overlay and say this is what you know it's it's this W's and my overlays are are the same they're handmade and and it would have been nice to have a surveyor an engineer to do that for me so I can see what it is the drawings would have been more okay that's that's what I'm trying to to get to the bottom of is on that because I know that you make it very clear here you know I believe you said at the beginning something the effect of you don't wave your right to it but you do want to make sure that you present uh for this so perfect um that's the major thing that I had that wasn't answered at that time so thank you thank you miss m so after listening to you and listening to everything that you stated today my question would be this he asked you what do you suggest they do now they haven't used their boat for a very long time and I know you're not looking out the window you don't know the last time they went sailing I understand that but the point is what do you suggest they do if it's just three of yall Neighbors in that um situation right there nobody else what do you suggest they do I would suggest that all three of us get together and go and see if we can get a dredging permit because he's saying his bunks can see if we can get a dredging permit through environmental uh and to get the muck out to to so we have the ability to all of us to be able to bring our boats down because right now they sit on the bottom with with the bunks that I think would be beneficial for all of us because it would dig out his area so he wouldn't have to stand on his bunks like I do so sometimes not his mind and then we all could have equal access he'd have enough room to turn because he wouldn't be sitting because he didn't have enough water he would have enough water to be able to float the boat and rotate it right so that's one suggestion that they possibly could do correct Mr Brody yes and it's bod they could uh uh go to environmental health not environment natural resources and see if they could get a a dredging permit but that would be done through a different department not ours okay and so that's one suggestion that you have right okay the other is is see we don't and I know when is a good boatsman we we don't know if he can't get out because he doesn't have enough water or if he can't get out because he can't swing the because the boat won't fit to swing CU he's he can swing it I mean if he's using two ropes you take one on the bow and one the one on the um the the stern and you swing it around which I do on my boat too when I come to the mouth of my my lift um because it's at this angle it's coming in and it needs to be at this angle parallel to to my my property so I would think I just think that if he would explore another way of of of of let's talk about trying to make more room more space in the water form and then we'd be more because already he's overusing his Waterfront his Waterfront is 34 38 in 38 ft and he's using 39 ft so let's work together and see if we can dredge and make the Waterway better for all of us so we all can have our boats come in without being on dry land so it's really not a problem that he has a larger boat or anything that's not the issue it's just that you want to be able to just come and not have his boat hit your boat correct I want to be able to get around the port side of my boat and put my cover on I would like to you know cuz in reality if he gets this then I could come back to a building and say I want to put in a 3ot um finger Pier on my side so I can get around not the kayak but we're always be touching each other it it's not that's not conducive to the to the whole neighborhood so I I think that you know we should try when it's high water to see if you can rotate I mean I had my Marine guy who was just bringing my boat come in he goes I'll teach you how to get out of there I said he can't get out he goes yeah he can I'll teach him I mean I I think that that would be a better solution at this point okay no other questions yes thank you thank you are there any other audience members who would like to speak in opposition please approach the podium I apologize if I butchered your last name delello did pretty good okay would you state your name and address for the record my name is Tony Della Anthony dellaa and I live at 1742 Baye Shore Drive cooka Beach Florida you raise your right hand do you swear and affirm that the evidence you about to give to the board of adjustment is the truth yes do you plan on speaking as well no I'm passing okay how can we help you so I thought we said our goodbyes last year but here we are um I think three of you were here for my uh hearings plural and saw what I went through to the agonize something again so you asked the last question when did you find out I I called Mr VOD a few weeks ago when I saw the little green sign because I went through two of these I also went through Ed Jones who is on the other side of Melissa who is not here today that I reached out to on Monday night who I don't even know if he just wanted a letters of opposition but there's really like we say there's only three of us that matter right here and to a lesser degree the other two because they're they use their watercraft and could come into that they like uh the one pontoon will come in and back into the canal and then turn out to they exit our Canal so when we did that we could have put in a a lift and a dock without coming for our variant if you remember that was facing the oanes stayed within 16 ft that would fit in that would never never allow them to come out nor do this right and through that process as the oain stated we we brought this exact scenario up and and even asked and you could hear it if we could come in together for a variance we used to be great friends and this has soured it through that process there's all the drama that goes on with it that I'm definitely not proud of my side of it and probably not either but neither here nor there we're not on speaking terms and that's a shame this board did though approve where I was going for all those reasons because I couldn't I didn't have any other options and allow them to use their current setup when I do that and we'll get to some of it when I do that we swing around the culdesac so my first when I first came to the county to get my permit it was the beginning of 2022 I spent a full year before coming to the to the uh variance and even tried to get a variance and then spend another four months through that process through that year we brought Leanne out from environmental resources can we put a slip in can we do this can we do that can we do this all to accommodate the their current setup and by doing so we ended up where we are our first one was way over towards them because I thought there was something that we could do actually land and sea that company when they came out and designed their first design was just put it smack in the middle and go out first day I moved in I talked to uh Gwen it was that that day he told me that he didn't push off now I've never owned an elevator lift I didn't know you could or could not push off I assumed he did so and I also assume that I had seven and a half feet that I had to work with on my side and his side right so I just wanted to give a little context I prepared something but I didn't find out until Monday I called Mr bod a few weeks ago when I saw the sign Monday I woke up and thought I haven't seen my letter the reason that's important to us or to the situation is that we've been through three of these letters went out for all three on the County website it says the situations above must be now we're not lawyers we don't go into the code then if I see on your main page that it's not so Ed Jones is not here today to give his comments that I think is a miss so regardless we're moving on with this and and I to some degree I don't want to postpone it to postpone it as Mr mccan said if nothing's going to change nothing's going to change but I would like the the board to consider going back to the president that's been set for years of mailing out letters and and I've gotten them when I lived on Baho Boulevard as well well from the the city it's just a the idea that we would look at that little green sign now we live on that side we drive by it the other half does not of the people that would have but this property so I'll go on um I was going to hand out a a letter or a picture but I don't think it matters I think that you understand that the properties that matter are all within our Cove and no reason I was pointing out where the letters have come from because I don't believe that it's Germain to our our situation but I also don't want to diminish anybody's ability or desire to come out and speak here so I'm going to uh there's one for each one for me so there's also one from Mr bod's crowd and I'm going to try to skip some of these and just speak to you you know it's hard because I I put all my thoughts into it and then you know usually I would last time I came up here I put thought about put some bullet points down and came up and talk to you but um the pictures that I I have I'll refer to as I go through this and look at that we just skipped a page okay so we're going to skip a a little bit more I talked about how I um I went through this variance process our entire Seawall and dock it they're all designed the seaw wall itself is designed around the oka's current structure we had the option of taking that string and working it around the the circle and as long as we had three three legs of the circle to keep a circle like uh structure Melissa had to do the same thing so she has three legs that create somewhat of a circle and if the ocaines dided Well we'd have nine legs or then the the last one we'd complete the circle with 12 legs but the oanes is uh straight and so as Melissa said it's actually 13 ft from the original line to the oane seaw wall right and now they're asking for the 24 ft that puts them out 37 ft into the Cove which is almost half of the 80ft cove my biggest my only issue here is I will not be able to get my boat out safely more importantly in and so when I look at when you look at pictures B and C which are on page two of that packet you'll see the current setbacks I think you were asking about how the boat fits in currently and then I highlighted that as well both on their survey as well as something I submitted at mine that has the Shaded out areas so you ask what What boat would fit in there when they purchase their place and it would be about 13 or 14 ft so when you go out to the to the 8T level most beat boats are 8ot wide you're down to about 28 ft take away the 15 ft for setbacks on each side and you're at 13 ft now we have never complained about or or had a desire for them to remove their boat or anything but as yain stated they haven't been able to right now I can't get my boat out the water is 2 feet down no one can get their boat out the ocaines as I saw over the first three years of living here or about were not using their boat very often anyway in fact I made comment that to my wife that I'm surprised they're pushing back so hard they rarely use the thing so watching them working with uh Mr oain specifically before we even started our process I watched how he he he used it to get off uh and put the bow back on the Wind when that comes down and and I didn't have time to get video and things I I really would like to just put a drone up there and watch me pull in because as I come down that Canal if you look at the next page I'm sorry if you look at picture F okay you see that I'm pretty much parallel to the ocaines boat almost right so if they go par uh perpendicular to where they are now the idea that their boat would be right up against the seaw wall when they come up they'll be a little bit off of that I don't see and I took a picture I just flipped it of their boat that is a little bit smaller than their actual boat cuz I didn't want you to tell me it looks a little bigger so that boat is a little bit smaller you could see by the time I clear my pilings and I'm off of my lift I'm almost into their boat now the way I have to do it I go right to the back of Melissa's boat because when I try to come the other way it gets very shallow on that side and I've almost hit when I try to back out of the canal by the time I clear it and then try to turn I'm almost into Melissa all the way over there either way I try to get out in this scenario I don't see how I have any but if there's two feet that's a lot of wiggle room everybody has gotten up here and talked about the wind and how hard it is and I'm coming down there and then I have to take the left to get into my I I've never been able to do it by myself I have to text my wife in fact I can't go boating if my wife's not home because I can't get the boat back on the lift without doing all that and I don't have the luxury of um being on my my uh seaw wall right I'm off of my seaw wall we also if you remember we reduced my pilings I mean my peers down to 12 ft which I accepted that was one of your your restrictions and and which also meant by the time I would have a step down I was not able and I'll address why we added that little pier which we were well within our rights to right we can go out 16 ft almost with that same thing I would never do that our intent is never to come in here and or try to stop them from using their boat at all so we put that in there because I wasn't able then to safely have a step down and have to launch our uh kayak and stand up from there so we put a little 4T by 15 I think it is when we put our seaw wall in we were forced to get back to that line of that Circle so we are back 13 ft from the oanes this little 4ot p and they they say that that's not the problem I have a ring camera right we all do these days the oanes have not tried theyve not tried to to get their boat that that we've seen to come off there there's 35 ft in between the back of their boat and the corner of my pier and where the pier and the step down meat that's 35 ft we are giving we gave up 2/3 of our property if you remember when we came in here and asked you to be able to give them as much room as possible we came in the first one was tabled so that we can go another 3 ft to the right and then limit our peers from 4T to three we started with 24x 4 and ended up with 12 by3 I'm not complaining about all that we I felt like we did it the right way and and we worked through every with this through everyone but as Melissa said and and you asked the the pertinent question what else can you do there's only two other options I think that don't make this as unsafe as what they're proposing one is the dredging and I know Melissa and I have talked about like we would love that right because today I can't use my boat so what would I pay to have my part done right I think that's something that is really a great option for everyone that leaves the boat tucked away when it's not in use but allows them full use of their boat right the other is they now make tilting elevators that would allow him to drop and tilt and push off to clear those bunks right so there are other options even the orientation but when we talk about the six the six points of the hardship what's that can I I wasn't going to say anything can I just CL me in I'm what's your name Della oh sorry Kathleen Della 1742 Bayshore and do you swear that the testimony you're about to uh provide is the truth yes um I just wanted to provide Clarity on the dredging I think there's um I think we've used terms before and we've been corrected in our other ones about using the correct terminology and dredging didn't occur I think what um he's referencing in the pictures is when you put in those pilings they have they have to blow out the sand to put the pilings in and we specifically we use Carter who he's using land and sea and we're like don't blow it towards him because blowout does create I said blow it down the canal and so I think Melissa did the same thing it's the normal blowout that happens when they put the pilings in and I think that's what is perceived d as dredging but we didn't we would love to have dredged but we did not so I just wanted to provide that cuz I know that came up and uh I just wanted to clarify so that was all my point so the the special conditions and the the the I talk about you know the oanes mentioned that January variance I watched that and thought okay this ought to be interesting cuz this is a lot like what we're talking about but it really wasn't at all there was no safety issues in in that that was really regarding views and desires to put an old boat or 50-year-old boat 57 year old boat on a a structure that would not affect any other boter there was no way that would this is significantly different where both of us on each side I I don't I think you're creating another situation where I'm going to come in I don't know that I could ask for another variant without tearing my brand new Dock and and lift down and then moving it over and I I hope that's not the spirit of this the other part is when we go through the special conditions and we look at um I don't want to bore you with some of these so I'm going to skip through them and I know you will appreciate that the property lines have always been the same they bought their house with that extended already which while they didn't that's not something they did it is existing and it is there and to now extend it another 24t we're we're codifying something that is really 100% And it while I know we're using today the 16 ft from the current if you add that that's 230% right that's not a little extension and that's what's really causing it I'm not saying I I think them purchasing a larger boat or a boat too large for the structure without anybody living next to them they did assume that no one would ever need that property that they would would never have neighbors that would want to do what they had and and it's an old neighborhood but in the last 3 years all four houses or maybe four years three and a half years all four houses around them have changed hands and that's where when that happens we all know we all want to create our Paradise when you buy a piece of like you said when you buy a piece of water on the property uh piece of property on the water you expect that that there's going to be boating and and I can appreciate that they want to boat as well I still think they can and I think there's other options that don't create an unsafe environment for a legitimized boat inst structure that this board put into place granting the variance will not confer any uh special privilege I think I just described those two privileges with being able to go halfway into the a Cove that's just very tiny the literal enforcement again they purchase these the property with the same lot lines that hasn't changed the variance request is a minimum I'm having a hard time with that one really cuz I think they already need a variance request for what they have today right they would have they they should that's not my business and that's not Melissa and I have have always told them we have no desire to go and complain about your boat and get this boat removed we we appreciate that it's been here and we want you to be able to use it so that's between the county and the 's not between us we would let them leave it like that forever on end the the current size of that boat was their choice so if they had Melissa's boat we would not have this issue we would not be having this issue cuz the boat would still be non-compliant meaning it would sit within the setbacks it it wouldn't be an issue they'd still be able to use it so the variance being the minimum that large of a boat having two finger piers on the each side of that I'm having a real struggle I almost didn't want to say it cuz that's not my biggest issue my biggest issue is how far that thing is going to have to stick out the other side of that is do they need to face this exact Direction can they angle it instead of this I don't know I don't know that that's any better for them but allowing them that 24t I don't think I'd be able to safely go if they were out I think 18 ft which is still well past their their ability to go if you look at the triangle that they have they have 267 Square ft to work with I have 1100 and Melissa has about a th000 they're asking to be treated equal within that ownership but we paid more for our property because we have a 60ft seaw wall right those are things we pay more in taxes because we have a larger piece of water those are things that are facts that I I think that granting this does create an undue uh har the granting this variant will be harmonious I think I've beat that one to death that it does the rendering shows how difficult it would be for me if there's no wind any amount of wind would would make it nearly impossible so granting the I I'll summarize it real quick granted the three variances I'm sorry Kevin I'm sorry Mr mccan um granting into three variances would create an unsafe navigation for us to launch the pie shape applicant's property is very small as they admit and is currently an oversized boat for that property that sits what's in the setbacks the applicant's property was extended approximately 13 ft causing a lot of this along with the size of the boat that they purchased although their boat does not fit I already said that they're not asking for the minimum if they're asking for 100% they the need for peers on the side they don't have peers now nor have ever used anything like that he described the way he pulls it off which is perpendicular and then they load from the front and you could see the little bumper that they have in front of theirs um and I said we I leave it with this we did not need a variance we did not need to come and and spend the amount of time I don't think anybody has spent two years from permit first permit submission to being able to have a boat and and see well behind their house we labored and labored over the ability to have everybody use it and this board agreed and I think this is going back on with that and causes the financial distress that I would then have to come back in here get hope you give me another variance spend however much to pull up all that and move it over to be able to safely use my Dock and I don't see how that's possibly fair with a legitimized boat and structure m just said something that and I'll have to talk to this cuz it is something that's important because I don't think this is about the oane juing their boat if you look at hold on cathine y so this is about property values being able to get more for the house when they sell it the purchased his house on October 5th of last year and as you could see last week knocked it down hired Tom Dutton to build them a new home and this is about capturing as much possible for the resale of their home leaving us with a mess in the back for a new homeowner that may or may not need that so while I totally agree that it's the safety and everything else if you disagree with me is there Provisions that would allow you to say if if you do move if you do sell you remove the structure and bring it back into code is that something that could do because I don't see how this is about using this boat and we've offered other suggestions I would really appreciate you know stipulations being put on that should you not agree with me I I I still fight that it's it's way too unsafe for that area to go out 24 feet with that size boat and I think that's it I'll take questions you will okay I do have a few um would you agree that you worked hard and diligently to get the current dock you have now yes wasn't even your first choice no but you worked hard the board worked hard with you yes how many times you think I appro went to your house I know two but I think three because Kathleen said you went once when I wasn't home okay I was traveling that day do you the reason I'm asking is I I want you to understand that we try our best to make the right decision we work hard to make the right decision we worked hard in your case to make the right decision and we're going to work hard in the OK kan's case to make the right decision we don't owe any more loyalty to you than we do the ocaines you guys are are our constituents we work at the pleasure of the Commissioners on on your behalf for you with that um you know what whatever decision this board makes I need you to understand that we're making the decision what we think is best overall for the community but also consider giving them consideration so that they can have on their property a dock that they could use which everyone wanted and you mentioned that you could have put a dock in that would have been in code with you wouldn't have needed a variance and it would have obstructed their property which I appreciate and I'm sure they appreciate but let me ask you was that your preferential dock was that really what you wanted no my first one would have had my boat closer to them and go straight out right because I knew 7 and 1/2 ft I saw all this stuff I didn't realize that we were going to be restricted to 16 because of the way we look down the canal neither did land and sea because they took a deposit for 24 ft down the canal so my first one was not that I would have I would have definitely chosen to save considerable money six surveys in front of this board board twice $11,000 for the the survey I didn't want any of that that was only done to be a good neighbor and allow them to use their boat and I feel like this is negating all that and you're just swapping his harder way of launching for my harder way of launching and and putting me into the same fears that he has today except his boat has never been able to fit within that property and mine always has and I bought a smaller boat than I wanted remember I W Bu The Boat until I came to this committee it it's it really seems hard that I would um go backwards like that and and we're just flopping his hardship for my hardship and and and and Melissa's you do understand though the the way you originally presented your your varant request likely would have been denied by the board I don't know there was a reason that you went back to the drawing board cor because I we didn't understand through all the workings with with the Department I didn't understand that the structure so in coka beach where I've always had a boat in a structure the structure is what you permit not the the boat while we were going on Mr bod said I've heard you mention 18 ft structure then you're going to get a boat that's a little that that'll hang out over that but you need a minimum of 18 ft you need to have your boat within the structure so at that point I I looked at it on video my face went white because I'm thinking holy cow if I come in here and not and you all were nice enough to say let's table this no one had spoke we we hadn't gotten to public comments and we tabled it uh before but I do think that uh I did not consider moving further overr right because I didn't think this board would want to um have me come in with two Ian es so I was trying to get away with just one variance not thinking you would want to hear two when during that first hearing that was discovered and I immediately and and the neighbor over there would not care because they have a 175t wraparound with their dock on the Grand Canal right so moving over Mike wouldn't care and we I talk to him all the time that's not a problem for him we don't encroach on on their use of their land at all and the point I'm making and and I I recall all that you did move the proposed dock closer to more in the setback more in the setback on the other side if you remember our Pier on that side away from the oanes is over land it's not even over I do right so we moved it over and again took another two feet to make the pier smaller we made them a foot smaller each and then instead of making an 11t wide right which is kind of stand standard 10 and a half is what I had on my other I had 11 I thought we were going to go and keep that and we went down to 10 in the center which I don't love because as I said my wife has to help me navigate into the poles in between the poles so we all worked hard to find you a solution yes all right and we found you a solution yes okay um you mentioned that you had you had 3 weeks notice you you contacted Mr bod yes 3 weeks when you 3 weeks ago when you saw the the variant sign we didn't talk about the date or when it would be he just suggested come to the hearing I said okay I was working that day I remember I was in my car driving when I talked to him we didn't talk about much I asked a couple questions about the the county made note that when he applied for his original permit before the variance that the county said yeah the line starts back where the dotted lines are so your 16t projection starts there that's what got my attention with it then I saw the green sign and I thought okay what how does this work I called Mr bod he told me nope we're using the survey the new line starts at the survey so he gets 16 ft from the survey until his property lines and setbacks cross so you you saw the notice that was posted no that was the notice for his Ser for his permit not the notice for this what I saw was his green sign and I called Mr bod we didn't talk about the date you suggest that I go to it but the date I didn't even know was set it's not exactly easy what what I'm getting at is you saw the green sign yes and the green sign has the date written on it I you could ask the oain they have a ring I never so I saw there was a green sign did I see the green sign and go read it no well that's the purpose of the green sign to to notify the next door neighbors totally agree with you except the president over the last 20 years has been set to send out letters and you did for my too which caused plenty of people to come in well no plenty of people to come in and and support me and allowed the oanes plenty of notice to to write their letters and and come in and oppose it right and I just don't feel that the rest of our neighbors have been given that chance unless you understand this process and I still woke up Monday thought when is that that's got to be coming up and if I didn't I don't know that I'd be here if Melissa right wouldn't have said hey hey hey where are you like I had to do with Ed or any of our other neighbors so I'm saying that the re the reason I'm asking is because if you did and read the sign that was posted you would know when the date was sure so the sign did its job it notified you that there is a variance hearing and you just didn't go read the date correct and with the amount of notice you came in here with a pretty extensive presentation which I appreciate last two days which I appreciate um and and the other neighbor in opposition came with a with a great presentation as well and I'm I'm concerned about the allegations that you didn't have enough notice when clearly you guys had enough notice so okay I want to move on from that I I definitely agreed to move on from the beginning because the decision was made but and I just suggested to this board and and to the department that there's been a lot of precedent set about letters and when you go through it and you get the letters and now you come to expect them and it says on the when I want to look for where this meeting is and when it says right there that we would get a letter so I guess I'm taken back by you accusing me of knowing when it is and using this or or something that's not at all what's happening there no what I'm what I'm saying is I'm not making any accusations what I'm saying is the county made proper notice oh and to the rule you're making an allegation that they didn't make proper notice so I'm trying to set the record straight that proper notice was made and you had three weeks to prepare should you have read the sign that you saw that's right next to right next to your property it my only comment is that it's I'm going move on I'm not going to argue about this anymore a direct conflict with the rule on the website there it's not a conflict with the rule there's a courtesy and there's a mandatory so the notice is is a courtesy it's not mandatory it doesn't happen in every case did you read what the website says on the bottom sir I I submitted it I I don't want to argue with you any either you are arguing with me and it needs to stop okay I want to draw your attention to photograph G that you presented yes sir just like the other just like the applicant and the other uh lady in opposition this is this is a rendering that you took a actual photograph of and then you created the rendering of what the boat and the dock would appear to look like yes you're not a surveyor no okay when you when when you come in to the to your dock right are are you are you crossing paths with their dock I'm I'm just trying to get an understanding of what the navigation would be like for for all three of the uh Neighbors in that Cove so to be fair I do it this way because there's not a 24t boat there now so I come on the opposite my side of my house so I come down that where that seaw wall is that you see that straight that's the end of the canal and then it starts the Cove so I try to hug it maybe I don't know 5 six feet cuz you can see it gets shallow there so you don't want to but I want enough room to be able to right again there's no boat there so I'm not trying to navigate thread the needle so I come and swing out and get it in there the it is the Pontoon and the wind don't play nice together right when you're trying to do it it's not a lot of power uh sitting in the water like that it's not an inboard or anything like that so I do swing it out pretty far but I've never tried to come down because it doesn't it doesn't feel right that you would come straight down and and try to then turn right cuz if you're boating you know there's no breaks or anything you got to that's just the way I've been doing it so I've tried to come out and both back down the canal when I launch as well as um back towards Melissa and spin it and that seems by far more controllable and it that's just the way I've been doing it like you say when you find a way to do it you do it okay even in your even in your depiction again don't read too much into what I'm saying but that projected Dock and boat that you superimpose onto this picture is not blocking your dock meaning that my boat wouldn't that his when I launch it his that structure wouldn't interfere with mine I'm not with my v i mean I'm not saying would it interfere I'm asking is it blocking your dock my dock the the the picture you made yes the picture I made I'm unsure of the question so is it blocking my dock no but I don't my boat doesn't come out of the dock um on any angle so it sort of does because if I put the boat if I superimpose the boat behind it I would have to be within a foot or two of his boat and then when I go to turn either way I would turn at that point the front end would swing and I'd be all into his boat and and structure I don't see a way to come out of here and then turn without the front of my boat and then so the way I do it now I don't think that would be possible cuz I really I get close to their boat today right now the way their boats sit in fact I panicked about 2 months ago because the way the forks sit and the water was low that I was getting too close to him because it was a windy day so that's 8T Off the Wall do you have any questions Mr Newman I'm just making sure that if you covered all mine um no you covered everything I had do you have any questions Miss Mard no do you have any questions Dr Bass no everything I believe has been properly covered yes thank you thank you and I'm sorry you may is there any other members in the audience who are wish to speak in opposition or in favor of this seeing n you may reapo do you have any rebuttal or additional comments that you'd like to make I I do have some some comments and some rebuttal um first of all I just wanted to bring up my previous presentation um and show you both parties have denied dredging and then the clarification was the dredging was to syn the piles in those photographs you can see the piles are in the the structure is built the D is occurring after the structure was built it wasn't to sink pile so I just wanted to clarify that point um secondly I'm I'm not quite sure what US purchasing a house across the street has to do with this um but in terms of our neighbors but it is fair to say that we're concerned about selling our house and um that the new owners will be stuck with some situation so there is part of this is us um uh we talked about the value of the home but being able to sell our home without the new owners having some issue and that's part of the reason we're in front of you today to try to uh get that squared away um I'll start with a response to uh Melissa's um you know I've I've got to say that we're very disappointed that uh both NE both neighbors are here and and opposing because uh a we certainly tried very hard to to communicate with Melissa and I will tell you that unfortunately there is no communication with with Tony um we we respectfully um opposed their variance because we knew it was going to create a problem um but after they got it we accepted that and and and and I think um Kevin Mr MC you even know that we we even thought about filing a what do you call it an appeal and our attorney said to us look you're wasting your time put the money into doing what we're doing here now so that's that's the decision we made um so we we did try very hard to to meet with Melissa and candy so that we could show them the drawings we we hoped that when they saw the drawings or even today if when they saw the drawings that that they would appreciate that we've now spent I mean this is not a 2-year project it's a three-year project for us now cuz we had to go through all those other variances now we're now we're in front of the board doing it ourselves uh and for us it's probably a $30,000 commitment you know we're already 3,000 in we're going to have to spend another 25 we're going to have to decommission an elevator that's already there um and and when we went to Melissa we were really hoping to try to work with them um because we know she's got some issues um with her current boat dog um and so um she's got some I think the permit's currently uh closed or but anyway I want to show you a video and and then I want to speak to a few points and I apologize that we're taking I don't mean to interrupt you is this video pertaining to your variance request or a neighbor's current situation um it's pertaining to yeah it's pertaining to our current situation because it yours are your neighbors uh it's from our neighbors but it it impacts ours okay yeah so I it's it's a very short clip I'm going to get what I have without a variance I'm going to go 16 ft I'm going to put in my lift I'm coming in as an angle I keep my 7 and 1 12 ft setbacks on the side I mean side setbacks I'm good Gwen doesn't have it so that's why he can't give it he doesn't have the setbacks his if you shoot a shoot a line straight down my property line on my fence which I will REM you is 7 in inside my property line so you come out and go with the two points Gwen's boats on my property line okay so I really want to clarify a few points because it has a direct impact on uh on what's going on here Tony gets what he wants I'm going to get what I want without a variance what we're asking for is not a want it's a need required as a result of our of what our neighbors wanted we're going to have to decommission remove and make redundant an expensive elevator LIF that was constructed and permanent to code at the time we're now going to have to build a new dock system with install a four pile lift system um none of this was expense that we wanted to incur um and having demonstrated our plans that they do not interfere with our neighbors we feel like we should be granted not what we want but what we need um she said here I keep my 7 and 1/2 foot setbacks and I'm good Melissa hasn't kept her uh 7.5 ft setbacks currently if you look at the permit it uh her dock it hasn't been final because uh one of those pilings is over the 7.5 ft setback and so what we were hoping to do is go to her so she has multiple deficiencies one is uh she's over the setback again I'm not I'm not worried about your neighbor's deficiencies all right well in as much that we wanted to try to work with them um you know we don't have it she's right we have that little tiny uh triangle um she also said my fence is 7 in it's not 7 in it's it's actually 7 of a foot and it's on her property line my my property line I think her her issue with her dock is actually because she thinks or has been thinking that the fence is where the property line is but there's been a lot of there's been a lot of conversations I've looked at this stuff very very in a lot of detail and there's been a lot of things said that I just want to clarify and so um you know there's there's the current situation and if you look at where the fence is um you know this is where she she's now got an is so we went to her wanting to try because I suspect she's going to end up in front of you she's going to have to either rebuild this dock or come in front of you asking for forgiveness for for a structure that's being built and we'd be willing to support that and that's what we were hoping to do we are trying to work in harmony with them so um so that's you I won't get into more detail there but I do want to also show you one more one more thing this has been extremely painful for us and I know my wife has trouble talking about it but I want to I I just want to show you real quick uh you know again in this in his video everyone who presents up like that but and we're able to one of the suggestions that the okain put in their letter was to have them apply for a variant as well so we could all pull in straight which the the neighbor who's about to apply for a permit is also Al going to pull and straight and that when you look at that it it just makes sense so what I'm highlighting is it made sense when he was applying for his but it doesn't make sense now um and it's not quite what what we said up like sorry what I actually said was if the board if the board grants this variance that they got then uh yes we're going to be in this situation and part this is a a slide from his presentation where I think I showed it just to reiterate he he actually this is exactly what we're asking for and it was okay when he got applied for his variance he's objecting to it now um I hate to go there but I want to I want to show you what I've been dealing with I have not been able to communicate with Tony your relationship with the neighbor is is not relevant okay but I would like you to put that um slide back up that the last slide you had no go back one more just if you would keep that up I'd appreciate that Mr chairman U Mr okain before you leave today we will need a copy of what you just presented to the board for the record uh so all of these well I guess the TV people have well it's all on here but it's on this computer but yes I can give it to you in any other format so um I'd like to open this up to discussion so I'm looking for a motion to approve for discussion purposes okay uh so um I'll make a uh for the purposes of discussion I'll make a motion to approve the variance as depicted on the survey we have a motion to approve the variance all three variances as depicted on the survey do we have a second I second we have a second uh Mr Newman made the motion Dr Bass seconded um with that we'll open up uh to the board for discussion um again it's sad that there's a breakdown in the relationship in the neighborhood um it's not relevant for our decision and for the variance request but I hope at some point when it's all said and done you guys find a way to patch up at least get along and and not have contention and issues with each other moving forward you all seem like Wonder people I got to know you and I got to know you I'm I'm sorry I didn't get to know you but I'll come over for coffee one day and and we'll get we'll make that happen but um thank you for everyone for coming in it's important to each every one of these parties is important to you it's important to you it's important to you it's important to your neighbors it's important to me it is that's why I spend so much time on this I want you I want you to know that um I truly believe that Mr delello and Mrs Dello did everything in their power to get what they wanted but also do it in the most minimal way to interfere with the neighbor I've lived it I went through this with you and you you went back to the Jan board several times and I appreciate that and I supported it we even cut your finger Pier down we did a lot to make that work we found a solution I want to find a solution for the oanes as well and I think they're entitled to it and I think they deserve it I think you know whether their property is not as valuable as the next door neighbors whether they rebuilt their house that's all insignificant to me they bought a canal front house to be able to boat and I want them to be able to use their property for what they bought it for if it feasible and doesn't negatively impact the neighbors the community the environment um so I would like to find a way and a solution so you can use your your boat the way you want to use your boat however the way it's configured now when we made a decision on Mr Dell's application I didn't fear I didn't feel that you'd have an issue getting in out of your elevator dock the way the way it was and the way you do it actually I figured if you're a good enough Captain you'll figure it out I went to your property the other day and I actually saw the end result and based on what I observed and what I saw in the presentation today which includes depictions by all three neighbors including the ones that they did by themselves I truly believe that we created a hardship for you you didn't create your own hardship by buying that house I think this board created that hardship and it wasn't our intention but I think we also have responsibility to resolve it and what you presented and what Mr presented and Miss Melissa presented are are you know photographs and depictions of what it will look like when it's when it's done I know you used a surveyor I know you used probably the same surveyor and and did your due diligence and our decision is going to cause you to have to change the way you're been accustomed to doing your boating for the past 20 years and it's also going to require you to have a financial burden based on our decision for the next our neighbors that's not the reason I support your variance request the reason I support your variance request is because we put you in a situation where I'm not convinced you can use your boat I think between the the the dredging that's under your boat right now I believe the swing is insufficient ient uh with with the the configuration um right the way it is now I'm convinced based on the testimony from all the parties that came forward that you don't have reasonable use of your property and the what you presented to us is exactly what Mr delello presented and you played in that in that clip and what he presented in his presentation for his variance request um I don't see that any different what you're asking for now than what was suggested you do whatever how many months ago that we had we had the last variance request and looking at the pictures and being to the property and and and being an experienced Boer myself I I know you can't get your boat out the way it is and I also am very confident what you're presenting to us is a reasonable solution that will not interfere with the neighbors use of their property and I believe that all three of you will have reasonable use of your property maybe not preferred no one's getting preferred but reasonable use of your property and for that reason I'm supportive of your variance request um so first of all just a few um things for Mr okain here so I I'm going to start with actually this one because it's the easiest to to get rid of and I'm a little bit going to retra what you had talked about from my own perspective um so I have this um thing and just for the audience it's because I don't think they could see it on TV it's just a picture of a demolished house at 1711 um bore and I don't like for the purposes of this whole discussion for the purposes of everything you guys are not well no if you were to tell me that we're trying to sell our home and we would make more money off of it I can't use that as testimony vice versa if somebody else tries to tell me hey this is going to whatever this particular is for your your personal sale I can't take that into it so for the purposes of our discussion I can't use this and I'm letting you know that I cannot use this for that discussion um number two which is more so in your wheelhouse that you could help me with we are looking at um because I've decided to lay them out like the craziest little thing that I have on my desk here I have everybody's artist rendering of what this boat dock is going to look like sometimes it's a little bit further out um sometimes it's you know a little bit more to the right to the left your guys is though I want to just make sure that I understand Mr okain how you came up with it because yours based on the other ones seems to it looks like you cut something out like was this just a how did you create that so I can understand if I can use this for my decision the one that looks like a picture like a photograph yeah that one this is the one I'm looking that yeah I literally cut my little boat out and turned it around and then tried to make a couple of peers the the the drawing that has the uh survey I took the two surveys and pasted them on top of each other got it okay because with that particular you know view of things that one looks like it will not harm your neighbors just so you're know like I I see that the other ones I can see where they're coming in and trying to cause um concern because would they be able to come in one way or the other one um the spiron is basically trapped in um with heard this like I can everyone has their own Viewpoint of it yours looks like it's actually cut out or at least as best as you could get to model size the only thing that I do wish that we had was a whatever a cad drawing or whatever that would look like uh for it but yours looks to be the most accurate based on the best that that you could do so that's what I'm using for my decision purposes today um trying to make sure that I am not missing anything yeah that is probably the main piece of evidence that I have on here is that it looks like based on what you're promoting based on I was at um those those meetings prior um I know what the proposed uh Solutions were to this particular issue when it would come up this looks like it uh it looks I'm generally in favor of what you're asking Miss Mal no discussion I have all the information and I know my decision Dr bass yes I agree with the observations of the chairman the water depth notwithstanding undue hardship meets the legal definition in this context without the requested variance the applicant has no reasonable access to the water way and use of the homeowner boat is restricted yall May sit down um with that I'm going to read through the um the hardship definitions in order to authorize any variance the board of adjustment through a majority vote must find all the F all the following factors to exist that special conditions and circumstances exists which are not applicable to other lands structures or buildings in the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in The Identical zoning classification that literal literal enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning classification under the provisions of this chapter and constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure that the granting of the variance will be in harmony with the general intent and purpose of this chapter and such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare with that I'd like to take a vote on the motion all in favor of the of approving the motion and the variant say I I I any opposed your variance was approved unanimously thank you everyone this will adjourn the meeting of the board of adjustments the opinions expressed by any member of the public during any period of public comment do not necessarily reflect the views or opinions of the board of County commissioners of Bard County Florida Space Coast government television or the program sponsor and are solely those of the presenter the board of County Commissioners bravard County Florida Space Coast government television and the program sponsor hereby expressly disclaim any in all responsibility or liability for any defamatory or slanderous statements expressed by any member of the public during any such [Music] period [Music] [Music] [Music]