[Music] [Music] [Music] [Music] e to flag of the United States of America to the rep for it stands one nation indice I now call to order this meeting of the bravard County Board zoning adjustment for the date of uh July 24th 2024 um are there any staff announcements of any kind Mr chair um item G6 um if you could read that into the record that that needs to be uh continued to the next meeting for an advertisement issue we need to make a motion for that yeah so what what I would suggest suggest that you do is just take that in front move that to the front of the the agenda and then you can make your motion to continue okay thank you but you don't have to do so you just continue it it'll have to be read vertis so you don't have to do it date certain no date certain no date certain okay um okay our next uh item is the uh reading of the function of the board by Mr bod yes Mr chairman the board of adjustment is the Quasi judicial body established by the board of County Commissioners under chapter 62 Article 2 Division 4 of the bouard county code the board of adjustment is empowered to hear requests for variances to the zoning regulation and the sign regulation in chapter 62 article 6 and article 9 pursuant to the Florida rules of app pellet 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 six items on your agenda today thank you Mr bod our next item is uh the reading of the definition of an undue hardship by our vice chair uh Sonia Mard an undue hardship a variance may be granted when it will not be contrary to the public public interests and where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary and undo hardship the term undo hardship has a specific legal definition in this context and essentially means that without the request 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 instances where the land owner cannot yield a reasonable use and or a reasonable return under the existing Land Development regulations the applicant must answer variant's hardship worksheet with six questions the board of adjustments will discuss these questions today with each applicant who has requested a variance thank you Miss Mard uh I'd like to uh address our board members the applicants and our audience regarding the board procedures for today's meeting the board of zoning adjustment as a quasi judicial board with members appointed by The Bard County Board of uh of Commissioners will utilize Robert's Rules of Order 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 applicants 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 once uh anyone from the audience wishing to speak will be given the opportunity to address the board once and only once so be concise and complete at the conclusion of public comment the applicant will be given additional time for any rebuttal as well as to present their final arguments um once completed no further discussion or comments will be heard from the applicant or the public all action moves to this side of the bar 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 say uh it is important that you stay on 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 to the clerk are there any questions from the board about these procedures no are there any questions from the applicants about these procedures are there any questions from the audience members about these procedures seeing none and hearing none um we will move on to our next item which is the uh approval of the previous meeting's minutes um everyone has gotten a copy of the minutes all the board members I need a motion to approve from anyone I make a motion approve the minutes I'll second that okay Miss Miss Mard has made a motion to approve the meeting minutes uh Dr Bass has made a uh motion to or as seconded um all in favor say I I any opposed all right the meeting minutes are approved um next as uh staff requested we'd like to um move to the last application which is not going to be heard today um I need a motion to continue let us read it in real quick yes thank you yes item G6 bogs family December 17th 2019 trust request variance for an accessory structuring an ru- 1-11 single family residential zoning classification this is application 24v 000025 located at tax count 2300 362 in District 1 okay the the motion needs to be to continue it without a date yes sir so I so um I would make the motion to continue this application so it can be read advertised okay I can't make the uh motion I need someone else to repeat that I'd like to make a motion to move G6 to continue this application to be advertised all second re advertise second okay uh Miss Mard has made a motion to uh continue this application Mr homberg has uh seconded uh all in favor say I I I any opposed and the application is continued to the next meeting uh all the housekeeping things are out of the way now we can move on can we have our first real applicant please yes item G1 Daniel naston request variant to permit an accessory structure pool screen enclosure to be located forward of the front building line of the principal structure in an SE use of Burman State use zoning classification application is 24v 000018 located at tax account number 222 666 in District one okay just swear you so first your name and address uh Daniel naston 1220 South Carpenter Road Titusville Florida 32796 owner and Resident do you swear the testimony you're giving us today is a truth yes very good please how can we help you okay so um try to make this quick two years ago I contracted Pinnacle pools to put a pool and screen enclosure on my property uh um a year and a half ago I had to come to this board to get a variance for the pool to be put by what the county calls the front of my house because my house sits on a 45 portion of it sits forward of that corner the board approved it uh year and a half later they're finally finished with my pool they put the screen enclosure up I filled out all my paperwork I can't get a final for the screen enclosure I keep calling the screen company and they said oh they finally got with uh George Richie responded to them saying Oh the variance is for the pool not for the screen enclosure so they weren't going to help me so I came in and talked with George filled out the paperwork got a new survey and everything but the screen enclosure is already up I have pictures of what it looks like I don't know if that's uh any interest to the board so just Tred to clean up the mess that these contractors have made for me okay very good um district one good afternoon and can you do me a favor just speak into the mic I'm just having trouble hearing you I apologize I no I heard you I heard you I'm sorry and I just want to say good afternoon good afternoon I visited your home on Monday and um I was able to see the principal structure so I want to be clear that this is something or I saw that it was already up and it's already done and it's already also enclosed with the I got a permit for the fence just recently and put the fence up none of it has been um final inspected because I needed to come here want to get it all finished at at the same time hopefully provided I get the board's approval okay but today we're just here for that structure of the closing of the yes screen correct the the Varian is just for the screen enclosure okay great so I did come to your home I saw everything looks nice what I am um glad about that I found that it's not blocking a view of your neighbors or anything like that um I just wanted to ask you your neighbors were okay on both sides of your yes and I guess they were notified yes they were by the county and they're good friend they're we're good acquaintances good good neighbors and they have no no problems with us yeah I'm aware of that neighborhood and um everything looks nice it looks good um everything was up and operational um I have no other questions for for you okay any other board member have questions no okay procedurally I just need you to step aside so I can ask is there anyone in the audience who wishes to speak in favor or against this application seeing none any final before we go like I said just trying to clean up contractor's mess and that's it just hope hope we can get this done all right thank you all right thank you okay um so uh Miss Mard this is in your District you have the first option of making a motion I'd like to make a motion to approve the variance as depicted on the survey um provided by the applicant with a survey date of 10:15 2019 I'll second that okay we have a motion by Miss Mard we have a second by Dr bass uh any further board discussion none all right in that case um part of my procedure is to read the six hardship questions into the record so the 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 ACT actions of the applicant the granting the variance requested did not confer or 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 the literal enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by the other properties in the ex identical zoning classification under the provisions of the this chapter and will 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 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 I now um call the vote all in favor say I I any oos the application passes Mr bod could we have our second applicant please yes item G2 Britain and chrisy Southerland request variance of for a barn in an au agricultural residential zoning classification the application number is 24v 000019 this is located at tax count number 2437 42 and district one okay uh I need to swear you in name and address for the record Britain southernland 4901 avocado AV Coco Florida okay do you swear that what you're the evidence you're going to give us today is a truth yes sir all right how can we help you I had a pole barn installed about a year and a half ago and uh obviously I guess the setbacks for the pole barn were supposed to be 50 foot uh back and side um I believe we're at 41 1/2 and 43 and 1/2 P Barn's up it's it's been up for about a year and a half um got with all my neighbors had them write letters you know stating that it wasn't a nuisance to them not bothering them or anything and just asking that it can stay where it's at okay um your application rises in district one which again is Miss M Miss Mard good afternoon good afternoon so I want to be just understand a little bit more exactly what we're doing it's already up correct yes ma'am your neighbors have already agreed that it's not invading or impeding upon their property or they views correct yes ma'am uh when I filed filed it I've got letters from all the adjoining neighbors and even across the main road for the record we have those letters in the packet okay yes I have no other questions for him okay uh are there any questions from any other board members yeah I just have a trou hi morning afternoon sorry does your uh does your barn have any utilities in it or is it just a pole bar it's a open air pole barn okay yes sir that's all I have okay tractors and trailers okay procedurally I need to is there anyone in the audience who wishes to speak in favor or against this application seeing none any final concluding words no sir okay thank you you can have a seat all right starting out we need a motion to uh approve or disapprove this application I make a motion to approve the variance as depicted on the survey provided by the applicant with the survey date of 9:25 2023 very good uh do we have a second I'll second we have a second from Mr homberg any um discussion no discussion well this is going to be easy then we have a motion to approve uh no further discussion and now I have to read in the six hardship questions into the record um and so 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 the 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 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 will constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of land building or structure that the grant of the variants will be in harmony with the general intent and purpose of this chapter and that such variants will not be injurious to the area involved or otherwise detrimental to the public welfare uh having read in those questions I will call the vote all in favor of this of the motion to approve the application say I I I any opposed uh the motion to uh approve the application passes Mr bod may we have have our next applicant please yes variance item G3 mahos mahasu associate LLC request variance for required lot width in an ru- 1-9 single family residential zoning classification application is 24v 0022 and it's located tax account number 241 9409 and District 2 Mr chair before before we turn over I just want to clarify that this property is undergoing a rezoning request to r19 and with that there's a variance that is needed and that's what you're hearing today so the variance is related to the lot width requirement for r19 not the not the current zoning of the property of au okay thank you for the clarification um this uh application arises in District 2 our representative for district 2 is not here today I don't yes so that arises to me would the applicant please come forward could you state your name and address for the record good afternoon Mr chair Commissioners uh my name is Sam sabali I'm with Florida Engineering Group my address is 5127 South Orange Avenue Orlando Florida okay um hang on do you swear the testimony you're going to give us today is the truth I do okay just one more authorized representative yes he's correct okay please proceed thank you Mr chair um the the application package provided justification for the uh six items uh related to this variance request but in in summary really uh the portion which we are requesting a variance 4 provides access to the main parcel the main parcel is zoned ru1 n and this parcel was intended to provide access it's 50 foot wide which is sufficient for Access under your uh regulations however uh this portion is not zoned r19 so in order to be able to develop the parcel which is zoned ru1 we have to reone this access way to the same zoning which creates the need for a variance because your r19 requires minimum of 66 ft lot width the intent of this um reone is not really to put any uh residential um buildings or develop that parcel for any uh use building use so so really the 66 foot does not apply for it since it is just for Access purposes and it's not to put the structure on it but so we're kind of we have to reone it in order to be able to make it and I I have uh and I'm if I can use yeah you have we have the I don't I don't mean to cut you off I just want to make sure you know I didn't know what information you have looked at just kind of it's it's a little bit difficult without something to to show but if you have it you probably understand the situation we're facing we have the entire packet so it has the maps and I appreciate that so if you have any questions for me I will be glad to address them well our uh commissioner or our board member for district 2 is not here so as chair I'll I'll take up his role um my only question is that if this is Orient so this is going to be a a road access to the larger parcel that it connects to to the South is where you're going to do the real that is correct it's all under single ownership and actually it's all one tax parcel it just has a split zoning okay yes and what you're doing there is simply uh utilities and and roadway type access to that rear property within that parcel uh the 50 Foot yes sir okay sounds reasonable okay uh does any other board member have questions for this [Music] applicant no okay um procedurally could you step aside so I could ask for no just just is there anyone in the audience who wishes to speak in favor or against this uh application um I see two different groups um Eeny mey Mighty Mo you go first you go first are you speaking in favor or against this app just try I'm just trying to get some information sir because it's going to really affect me um can you speak more into the microphone so we could hear you you same sorry you can are you together on he's my son I we can if these um young folks want to wait until the end of the meeting we can we can talk to them what this application um is what they're requesting but other than that so the the question is are you looking for information or are you giving us information for or against the application against it both both we're against it you kind of have to pick one or the other against okay um are you presenting information or you're seeking information information we can give you pictures we're concerned about several things we needed our name and add speak into the microphone whenever you're speaking name and address for the record please uh Peggy Townson 1045 beas Road Meritt Island Florida okay uh are you going to speak as well yes sir so uh 1435 Taurus Court Maron Florida 32953 name chip Townson Dell Townson okay I'll do this jointly together do you both uh swear that the testimon you're giving gu today is the truth yes yes ma'am yes sir so one of the others begin well the Vance that he's requesting my home is next door to it and I've lived there like 3 years I'm sorry and I moved here to be close to my son and his family and when I was building the home um it was going to be like 5 foot from the property line but the engineer and said that I needed to move it so I didn't move the home but we moved the the spot 7 7.7 ft and so now my home is like a little over 12T from this road from this road and my bedroom is on that side and I live alone with my dog okay and also we have an issue uh as we brought pictures and stuff that has a really bad reason we had to move the house is there's a real big big slant because his speak into the micophone his property is basically a ditch and it used to be a lake at one time and they used to have water in there and fish and everything else because it's part of the Port St John's what do they call it um St John's River Water Management yeah water manage it's really low we had some issues too with it but we our house was far enough away from it that it didn't affect us cuz our property has some of that in our in her property and U basically she we end up Shifting the house over cuz she was trying to get away from the road we pushed the house back as far as we you know about 10 15 more feet to get away from the front road then we have a side road on the side of the property and we shoved it all this way then the city said we can't be that close or we have to do some type of retaining wall because of this it was it goes down so fast the slope is too high so we were able to push the house to the maximum side of the other side of the property which gave it more of a it's still slanted but it's a little bit more distance and basically if they put a road there they're going to build that up as high as the street she's going to basically have a ditch there or some type of drain thing we're really concerned about flooding now if they build this property up and basically she's going to be having a huge Canal on the side of her house that's only inches away from her house we're worried about water oh never and noise too because now she'll probably have a couple hundred cars driving right next to her bedroom every day and night okay that was another concern we were having so we wanted to see if what they were going to do about redoing that land for um water drainage you know cuz really don't want a canal a foot from my mother's house cuz that's basically what's going to happen if they build that property up for the road and uh okay so we wanted to see what engineering drawings he had and what they're planning on doing for development of that okay and also some noise reduction too because it's going to be really loud so if I may summarize you're against the application because you don't know exactly what's going on with that property yeah we just don't want our house house to flood or you know having God amount of noise understand you have concerns yes sir we have concerns um okay does do any of the board members have questions for this U this witness no okay no that's it thank you thank you did you want to speak did you want to speak ma'am hi name and address from the leor please okay lenel John 17 zinc Place Palm Coast Florida 32164 okay do you SAR the testimony you're giving us today is the truth yes sir okay are you speaking for or against the application currently against because I'm just like them okay um go ahead yeah the property uh I'm thinking is 1042 beas is it 10:42 you there there's no address assigned to it oh okay so is it on tropical Trail because I have two I wasn't I didn't even look up the the taxt I can't talk these Maps is that off of beis Road it is right okay okay yeah well why plan on building on that property later I do have three adult children and I'm just here to speak against because again I we don't know what it's going to do for the future plans of building so okay okay so in summary again you're against it because you don't know what they're going to do with the property right exactly and how it's going to affect the future plans of a possible home there okay I just for clarification I believe that they said there would be no homes it's mostly Road okay okay so the road I don't know how the road is going to affect the future home there fine but no structures that I know of okay anything else does do any of the board members have questions for this one question where are you presently located I'm in pal Coast I currently live in Palm Coast mm so how is this road is um was my father's property yes yes ma'am so you have property within their property is that what you're saying um the property um was my father's property so I pay the taxes on that property yes ma'am mhm and that's what I'm saying your property is right near his property is that what you say no my property um yeah my property is on babies it will yes okay it will affect the road will affect the the beis property that I'm talking about okay mhm thank you you're welcome okay thank you okay thank you is there any other anyone else who wants to speak for or against this application okay seeing no others uh please return and you have opportunity to rebut or and sure I'll I'll try to clarify what what we are proposing I understand the concerns I'm not sure where their properties are relative to this property but um there is only uh one house to the east there isn't anything on the West Side uh so I'm I'm not sure how they're impacted but uh the roadway which would be built is not going to occupy the 50 ft the roadway is 22 ft so obviously you will have about 14 ft of uh distance between the roadway and the property boundary and um we will be doing appropriate grading any drainage from that roadway will be going to on-site drainage system and as far as uh the concerns related to the ditch or or these kinds of issues we we have done environmental uh study for the property in delineated wetlands and we are working Within the County's code you know as far as any impacts to the wetlands which we are trying to avoid and we don't you know believe we will have any drainage impacts we'll be meeting all regulatory requirements uh we do have conceptual plans which we shared with your staff unfortunately we cannot go to the next step till we do this first step which is to uh be able to reone this property so we are consistent Zoning for the overall parcel with which requires the need for the variance but I'll be glad to get into a lot of details but but that's where we're at thank you well no I still have a question I know that was your concluding but you brought up something that I still want to question um you say you have feasibility plans for that what you're doing with that parcel uh we do we we have it El and was it is it in this packet it's not in this packet okay is this something you'd be willing to share um sure Li through through staff with the I I'll be glad to share it it's going to be a single family residential development on the main parcel this accessway would not have any structures on it we're only addressing the access parcel but uh the main parcel will be a single family residential development and it will be consistent with the zoning standards for that parcel which is the r19 okay and uh you know we'll have all the drainage improved improvements and there are a couple of ditches one on the South Side one on the west sides and those we're respecting those we actually there is no easement on them now as part of our plan would be to provide proper easements to the county and are you proposing any um sight or sound screening along the sides um we we can you know relative well we're going to meet all the buffer requirements on the uh Bas side Bev side I guess the the that's the name of the road on the bevs road side we're going to have mostly a retention Pond uh that would be on the North side we do have one single family where we would be adjacent but that would also have buffers and setbacks as far as the roadway coming in if there is a concern you know to the extent we can because it's only 50 ft we can either do a hedge or or some kind of you know buffer in there to to help with noise attenuation that that's something we can work with staff on okay probably getting too far into the design as opposed to zoning but yeah um okay I'm any any other questions thank Youk you sir have a question we do have question I have a question so I just want to really understand this I have to be very clear um so we know now why you building it we know it's a single family residential development but we're here for the access road so that access road that you're building is primarily for the use of the future home correct not for tourist and all of that no that was intended for Access unfortunately it's split zoning so that access road is not properly zoned we have to rezone it to match the main parcel zoning and when we rezone it it triggers the need for a variance because the minimum lot width for r19 is 66 ft and it's only 50 ft but it is adequate for Access because your minimum rideway width is 50 fet and that's what we have right so my question would be um for the first person who was against it because she's living alone her bedroom is 12T from the property um we can we can almost be assured that it's not so much for um people in the neighborhood to come through it's just for that person that's going to be in that house to come through to access that road correct the the uh the residential on the South Side will be driving through there but uh the roadway is not going to be adjacent to the property boundary that'll be about 12 ft between the roadway and the property boundary uh there'll likely be a sidewalk but to the extent we can if staff want us to plan a hedge or whatever to add for a uh sound or noise barrier we we'll be glad to do that yes okay and I think the other concern that I heard was um about what was going to be in that area and what was going to affect their property but it sound like it's just a residential home coming up with the access road to it would be more than a residential home it would be a residential community on the main parcel in the back uh honestly I think it's an improvement for the community because really it would help you know there are some scattered homes and some of them our older homes I think there is one uh one new home in that area uh it would be new new residential homes on the parcel to the back okay so for the sake of this variance we're just concerned about the access road the future would be for the other hom so I want to bring that back in that we know we're just here for this access road is correct okay thank you before the county when we do the uh development then there will be an opportunity for any concerns to be addressed at that time that was that was good thank you for clarifying yes I uh I wanted to know if you can answer this uh in your plan how many planned home units do you plan to build on this road there will be about uh 22 homes that's that's what we uh anticipate to have the property itself is uh about 7 and2 Acres in the back so they'll be uh 22 homes on it so it's uh when that access is as we said is going to go by uh a a properties that are now lived in which you said correct that that is correct so we have 22 homes with their traffic all right but it's not unlike you know somebody living in that Community any Community you have like in my neighborhood we have over hundred homes and people drive by so it's really it sounds like daunting but any Community you have communities with 200 or 300 homes 22 homes is not a lot of traffic I live any a community and we have maybe 50 60 homes around me people drive by and just like one car every whatever so it's really not but in terms of the concerns we we will not ignore them but it's really not a big you know I mean it sounds like 22 homes but it's one is three homes per acre which is not a lot and it will meet all the zoning requirements for for the parcel right yeah you're right you it doesn't sound like a lot but when you used to living out in your area with wilderness and your home and then 12T it gets kind of scary when all of a sudden a developer coming to build up these big things I can understand apprehension you know we don't want to dismiss that as well okay thank you yeah any other questions thank you sir thank you all right um this arises in District 2 and I took the lead on um on the discussion how however as chair I can't make a motion so I need someone to make a motion to approve or disapprove this uh application I'd like to make a motion to just hold it in OB bance for another time so we can gather some more information give everybody the opportunity possibly two months or 90 days what you're making a mo motion for is to table the application yeah in a bance for at least 90 days do we have a second on that I'll second that um okay we have a motion to table this uh application it needs to be to a date specific so two months from now 90 days three months from now three months what date would that be do we know so um give or take the 90day window would would bring it back October 16th uh Board of adjustment meeting if I may at that time possibly we could leave it enough time for to see everybody's uh so just so I'd like your advice on on this so just so we're clear the mo the motion on the floor is to continue this application to October 16th and and what is your request for the applicant what would you like to see when they come back on October I think that's directed at you Mr what what are we I would like to see the the information everybody has on why they have a problem with the variance or what it's going to do how it's going to affect your everyday life how it'll affect your nighttime life how how it affects life in general pictures photographs any but the concrete evidence not just Word of Mouth survey so no no no so and and I just want I'm trying to I'm trying to understand um for our edification as well as the applicant what you're asking for so if I can surmise that what you're looking for is the applicant to meet with the residents to address their concerns and to provide us with a plan that shows the proposed access yes everybody the same thing that's here today but with more information okay well I don't I don't know what information that you're looking for outside of providing a plan and for the applicant to discuss their plans with them uh if I may I think you well stated it I think you had a good statement there that you were talking about in the description so so in the discussion before you were talking about um the economic study is that part of what you want to see no you already stated it I thought quite well toing so the motion the motion that you're considering is to continue this application October 16th with the applicant to provide the access or the uh access plan and for him to meet with the adjacent residents out there yes sir yes okay is that within our authority to direct them to meet things like that I don't I don't see why not Becky you can chime in yes you can make th you can make those requests so that you have proper information to make an informed decision okay okay um okay I I know you made the motion I'll try and reiterate it just for the record no no no do do do you want me to do you want me to would please please so the the motion on the floor as I understand it would be to table this application to the October 16 2024 Board of adjustment meeting and for the applicant to provide the access plan to show the access to beas road to the um of the property to the South and for him to have a community meeting with the residents to address their concerns yes yes can we consider that being reading in the motion oh wait he's saying no yes oh you have an objection to that yeah it's a very big one okay um if I have a an option of uh putting a vote in for yes or no I would rather see the information here presented to us not an Community spirit I mean they can have all the meetings they want but we have to make the final decision so somebody needs to come to the podium and give us the information so when when we have a Comm when the applicant has a meeting then they will come back and report back from what was transcribed so you'll hear from the applicant and any of the adjacent residents that and you can get both sides of what was discussed so that way you are well informed of what took place during that meeting come no but I'll leave it go okay you're you want them to come here the first time or you want them to me discuss before the before the meeting before they discuss it between themselves you want him to bring it here yes all right um we've gone round and round I'm going to ask you no no I'm going to ask you to restate the motion as you see it all right I'd like to see the motion held in OB bance for a period of 90 days so uh everybody including the gentlemen that put in for the varing that everybody can get their paperwork together their reasons why be it economic or personal and they can come here and put everything forth in a a spirit of making a decision on that particular day the community that's up to them it has no bearing on me making a decision ision I just want to hear from everybody why they have a problem with this gentleman's Road and why these this group does photographs whatever do whatever be it do you have an objection of them meeting informally to work out details before they present it to us that doesn't come into my area of expertise I'm just asking no I mean that's up to them whatever they want to do okay as chair I can't make a motion but we need a a concise motion that we're voting on here I think this is pretty pretty clear what I'm requesting a motion in 90 days to hold this in a bance and have people come back with uh more meat I think all of us are a little confused what's going on here now it would certainly be better to see more information and I I don't see any reason why that can't happen in 90 days I don't believe it's it's causing any any economic B downfall to anybody or anything other than helping us make a a a decision for the community I mean we want everybody to be happy you want to see new homes you want to see everybody happy so um right now I can't make that decision because I don't have any information okay what I'm looking for is the motion to table this for 90 days and have the applicant and any um what do they call them uh negative any interested parties to come back and make their revised or renewed application at that time does that sound sir I thought you had a good summary St Steve did did that sound about right or you it's still I I need a motion to table the uh you know possibly could be more clear I mean if everybody wants uh Clarity here we could certainly tell these people today what we would need to see I mean I personally would care for pictures an economic assessment or a reason why you do not want this road or a reason why the road is causing you problems or what can be done I heard irrigation drainage sure that's a that's an interesting topic right there I haven't seen anything that's of of that type of value where we could say it's a French drain it's a big drain it's a crooked drain it's a square drain I mean we would need a lot of plans this is this is a big effort a big impact on people's lives and I'm sure there's more than this group of people that are involved I I think it's a a fair thing to have them come back in 90 days so we have a motion on the floor to um table this um application for 90 days till the October 16th 16th um where wherein we uh expect to see more detailed presentation of what the project involves before we can make a zoning decision good okay do I have a second for Mr holberg's motion that I just stated I'll second that okay Dr Bass has seconded the motion and um any any discussion on that motion no discussion no all right too um I won't read in the hardship questions because this is a motion to table um all in favor say I I I any opposed okay um this application is tabled until the October whatever 16th 16th uh meeting uh Mr bod may we have the next application please yes item G4 Adrian Maddox request variance a chap of a for a principal structure in tr-1 single family mobile home zoning classification the application is number is 24v 000023 and located at text account number 3010 688 in District 3 okay this application arises in District three would the applicants please come forward and I remind you to speak into the microphone when you're when you're at the podium so uh name and address for the record please good afternoon my name is Adriana mados 3d8 3d3 16 Street Miko Florida 32976 okay um and you're also speaking my name is David Lin with the law firm of fallis and Lin at 1900 Hickory Street Melbourne Florida um and I'm here to assist Miss Maddox uh in the application process and to answer any questions the board may have okay just m m Maddox I'd like to swear you went do you uh swear that the testimony you're giving us today is a truth yes I do okay as a um I know as a lawyer and a member of the bar but would you mind if just for consistency do you swear that the testimony you're giving us today is a truth yes sir yeah okay thank you if if if it let me briefly the application is is due to an error Mistake by the contractor Miss Maddox and her now deceased husband lived in a mobile home in Melbourne Beach he passed away you may remember Todd Maddox he ran for Sheriff a couple years ago um she was moving the mobile home to their lot in moo and hired a contractor to provide the services to move the the mobile home the contractor puts the mobile home in the wrong location prime prime example uh it wasn't n discovered until after she had had all the power connected all the utilities connected installed a deck installed a PVE her driveway uh and applied for with an ASB built survey to the county to have an occupational uh certificate of occupancy issued that they realized that there was a setback issue um we're trying to address the issues with the contractor but currently Miss Maddox cannot obtain a certificate of occupancy use the property for any purpose uh and will incur substantial hardship economically at least and to have to disconnect everything and move the the trailer basically 4.2 ft I think it is to the if you're facing the trailer to the right um the neighbor who is on her uh the right side if you're facing the trailer on the left side if you're facing away from the trailer uh was there when the trailer was placed he doesn't have any objection to this to my knowledge I don't know that anybody has an objection to this the property on the other side is undeveloped at this time um and basically what we're just seeking is a variance to not have to move the trailer incur the economic hardship to move the trailer disconnect everything disconnect the decking that was put in at the main entrance way um and Miss Maddox can answer the question any questions you have about how this whole process transpired but this has been ongoing since about February I think uh once they applied for the certificate of occupancy for the property uh and we're dealing with the contractor on it um and this goes a long way in terms of resolving the substantial issue in terms of her incap inability to use the property and if you can answer any questions that they may have yes okay um okay um your application arises in District 3 which is Mr halber am I on the right one yes thank you for coming thank I live very close and I rode past the other day and my belief is if they put your manufactured home where it was supposed to it wouldn't look as wouldn't look as nice it looks very nice I think I leave it just where it is and I have no problem with it at all yeah thank you uh do any other board members have questions no no questions um just a a quick one from me um you say the uh the one occupied property to the best of your knowledge they do not object uh no yes what is his name we have my neighbors their hero and yes they don't know J okay I wasn't aware that that was her neighbor sorry that's good that's good well that I'm I'm going to ask for something in a minute here then we'll uh that's that's all my question all right thank you we'll just sit over here need you just step aside would you like to come up and speak in support of the application and we got to go through the whole procedure so name an address for the record my name is Richard Maller I live at 3825 16th Street M Florida 32976 okay and where you in do you do you promise to tell us the truth today yes sir I do um for or against um for four for it yes yes okay the the uh my question to you even before you start is sometimes we get a written um letter or something in the packet that says that the neighbors do not object I'm asking you verbally you don't object to this application no sir okay thank you you're welcome are there any other no good I don't think we have anything else to say um we appreciate the the board's time today thank you thank you okay um this application arises in uh Mr holberg's District so you have the floor uh for motion I'd like to make a motion to approve Adriana matic's request for a variance on uh 3833 16th Street in moo Florida I'm I'm sorry were you trying to get our attention for something oh okay thank you do we do we have a second to the motion to approve U about making it uh as approved on the survey as a depicted on the survey could you the motion could you repeat the motion then I dep pick that on the survey yes your motion as depicted on the survey you approve I'd like to make a u a motion as depicted on the survey to approv the request for a variance for 38 3316 Street moo Florida yes close Okay do we have a second second okay Mr homberg has made a motion to approve it has been uh seconded by Miss uh Mard um do we have any discussion okay um we had people from the audience uh speak in favor we have a motion to approve on the floor no board discussion so I will read these six hardship questions when I find them there they are the special conditions and circumstances exist which are not applicable to the 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 the 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 in The Identical zoning classification the 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 will constitute unnecessary an 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 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 having read in the six hardship questions I call for the vote all in favor say I I any opposed the motion to approve the application passes Mr bod may we have the next applicant please yes variance item G5 promot investment Department Partners LLC request variance for a freestanding sign in a bu-2 retail warehousing and hosale Commercial zoning classification application is 24v 0024 located at tax count number 3035 472 in District 2 our uh board member for district 2 is not here today so as chair I will pick up that Duty uh would you please come up to the uh the podium please speak into the microphone your name and address please sure I'm Mark hudgin uh 1490 Highway A1A Satellite Beach Florida um I an authorized representative for plumosa Investment Partners and that's on file with Mr bod as well um so we appreciate the board's time oh I'm sorry need to swear do you swear that the testimon give us today is the truth yes thank you okay uh so we came before the board a year and a half two years ago with um several sign variances along this new project uh it's the Wawa and chipotle and El Car Wash that's under construction there in merid island so we came by came in front of the board for several sign variances there were some old sign variances that were there from the 1960s and70s and we did a Redevelopment of the old Erdman Motors um Cadillac dealership there portion of that property uh to put in the new retailers there along the frontage and uh we uh had those variances approved and um recognize some faces but not I think there's some new faces on the board since that meeting but um regardless we had a construction conflict conflict in front of the Chipotle there was a utility um guywire there for a poll that was not shown on our survey so we had to relocate the monument sign for Chipotle and um the uh that last little tidbit on the last motion as depicted on the survey is what um is causing me to come back today um because the new sign location is the same distance from the road so we're not going any closer um so we're meeting the same intent of the variants but we shifted at about 42 1/2 ft to the West along the frontage so it's not any closer to the road than it was but because we shifted it and it's not as exactly as it was depicted on the survey that was how the variance was approved and that's why I'm back here to request a new variance for the new sign location which is 42 ft to the West um as shown in the site plan that was included in the packet and I've got that here if you'd like me to show it I'm here for any questions um again you're right arise in District Two just making sure I'm doing this right um okay um my only question is more half question half statement and that is that we have done as you said multiple variances along that stretch of road it is a very very wide um shoulder and uh we never found a objection to putting the signs out a little bit closer to the road and to the property lines and right away line um so this the question just to make it a question is this is a similar situation correct yes sir and it will align with the other signs that are along the front edge there for the gas station next door the Wawa the Christian Brothers the Chipotle the other parcel that we haven't leased yet um that's vacant right now and then the car wash that will be next door as well so all those signs will be at the same uh distance from the road there which you mentioned is a very wide rideway and a large landscape um buffer there okay all my questions does anyone else have questions for this applicant no no okay I'm hesitant to even say this since there's nobody else in the audience but is there anyone here to uh speak for or against the applicant seeing none do you have any final words no I do yeah thank you um so um this is I got to read my notes Here District 2 this is um District 2 the board member is not here today uh I cannot make a a motion as chairman so would someone make a motion to approve or disapprove this application I make a motion to approve the variance as depicted on a survey um provided by the applicant with the revision date of 42923 okay uh do I hear a second I'll second it okay m Mard has made the uh motion to approve Dr Bass has seconded um we uh uh any board discussion none no okay then I will read in the six hardship questions um 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 the 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 will cause Institute 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 this chapter and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare uh we have a motion we have read in the hardship questions um all uh call the vote all in favor say I I any opposed the motion to approve the application passes and having no other known applications I uh call adjournment to this uh meeting of July 24th I wasn't arguing with you about the motion 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 of Bard County Florida Space Coast government television and the program sponsor hereby expressly disclaim any and all responsibility or liability for any defamatory or slanderous statements expressed by any member of the public during any such period [Music] [Music] [Music] [Music]