[Music] [Music] [Music] girl [Music] [Music] [Music] [Music] e e I pledge aliance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible liberty and justice for all please be seated uh I now call this meeting of The Bard County Board of zoning adjustment for uh June 19th 2024 to order um first order of business would be if there are any staff announcements none no staff announcements okay got that one out of the way um our next order of business is to have the first reading um Mr bod would you uh tell us the function of the board approval uh Mr chairman approval of the minutes that comes after the uh okay I apologize yeah that was the attorney on the other side I I no you can go ahead Mr chairman the board of adjustment is a quasi judicial body established by the board of County Commissioners under chapter 62 Article 2 Division four of the bouard county code the board of adjustment is empowered to hear request of variances to the zoning regulation and sign regulation in chapter 62 article 6 and article 9 pursuant to Florida rules of Appellate Procedure any person or persons jointly or severly agreed 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 three items on your agenda today thank you Mr B um usually we have reading two which is is a definition of an Ono hardship uh done by our vice chairman uh Chelsea you're sitting in for her would you like to read that second Reading Please an undue hardship definition is that a variance may be granted when it will not be contrary to the public interest in 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 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 undue hardship sufficient to qualify an applicant for a variance economic reasons may be considered only in instance where the land owner cannot yield a reasonable use and or a reasonable return under the existing Land Development regulations the applicant must answer a variance 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 parri um I will now address the uh board members the applicants and our audience regarding the board procedures for today's hearings the board of zoning adjustment as a quasi judicial board with members appointed by The Bard County Board 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 presentations 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 uh who may any audience member who may be here to speak concerning the applicants application 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 in the conclu at the conclusion of the public comment the applicant will be given additional time for rebuttal as well as to present their final comments once completed no further comment will be heard from the applicant or the public all action moves to this side of the bar um we will not use a timer for this meeting instead we are asking each speaker to be concise in what they have to say 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 the public record those wishing not to verbally State their address may ask the clerk at the podium for an address card uh please fill it out and return it to the clerk are there any questions about these uh board procedures okay our next order of business will be to uh approve last meetings meeting minutes uh those were distributed in packets to the uh board members are there any Corrections or additions seeing none um I need a motion from someone and a second for approving those meeting minutes Mr chair I don't I didn't receive a copy of the minutes in my packet unless can I take a look at them I'll make a motion to approve the minutes from the May 15 20124 Board of adjustment meeting okay do I have a second I'll second okay Mr mccan is uh made a motion to approve uh Mr homberg has seconded uh any discussion none okay uh I'll call the vote all in favor say I I okay any opposed all right the meeting minutes from the last meeting are approved um at this point then um Mr bod may we have our first applicant please yes item G1 Alex and Kelsey fjara request variance of chapter 62 article 6 bavard county code section 62-1 1341 5A to permit a variance of 10.75 Ft from the 20ft rear setback for a principal structure in an ru- 1-9 single family residential zoning classification and this is located at tax count number 241 9928 in District 2 thank you with the applicant please come forward I know you're an officer of the court but thank you uh Kim rosenka on behalf of Alexis and Kelsey pajardo I'm with Lacy L rosenka 1290 US1 Rock Florida uh good afternoon chairman members of the port of adjustment uh the phos are here with me if you have any particular questions this is a circumstance where they had contracted to put in a sun shade which is not a porch it's more of a patio once it's attached to the building it becomes part of the structure once they did that it put it out of the setback um the contractor really was the one at issue they're not here I've tried to reach them they weren't able to be here so basically we're trying to fix a $220,000 structure that was added to the building um this is a North Meritt Island it's behind the what is it called the emerald Plaza development the muv cannabis dispensary Domino's pizza and a cigar lounge so it won't be impacting any residents to the east of there uh so we would ask that you approve this I can go through the factors they're pretty pretty well stated in there um and we would ask that you would approve this to make this structure conforming so that they can have their covered patio that they permitted but it was not put in the right place okay your application arises in District Two which is represented by Mr mccan and so you have the floor for questions good afternoon uh the structure that was is uh erected was that done uh with by permit yes there was a broad County permit a permit was issued with the plans um in intrusion into the setback yes okay um nor has a per permit been revoked either the um I drove by this morning and it looked to me as if it was just a roof is it in the construction phases it's just a it's like it's a sun shade it's a sun covering with metal posts okay it's it's not a patio because it it's not inclosed walls so it's just I mean they call it a patio it's not a porch but it's not going to be enclosed it's not going to be enclosed it's it's it's completely done they went to get it permitted there was a survey issue we had to get a new survey and then we found out that when someone else looked at it that it was in the setback and and the uh the setback or the the the rear property line has a fence a privacy fence along right there's a fence for this property and for the shopping center and then the the shopping center behind it there's not even any windows in the back of that shopping center no sir and there is a um a pretty substantial buffer or a grass area between the fence and the and the the shopping center 50 ft yes sir okay I don't have any more questions thank you okay uh does any other board member have questions for this applicant seeing none okay um so is there anyone in the audience who wishes to speak uh in favor or against the this application for the variance seeing none I'll close that part um any final words no sir yeah okay just request approval okay so Mr mccan you have the opportunity to uh make a motion I will I'll make a motion to approve the varant request as depicted in the survey and do we have a second second so Mr mccan has made a motion to approve um Miss Partridge has made a motion to or has seconded that motion um I'll open it up for any board discussion uh like I said I drove by there this morning uh you can't even it looks like just a a roof with no wall um as described by um the applicant's representative there's a privacy fence um at the rear of the property there's privacy fences around the property on the on the side of the property uh you can't even see it from any of the other properties um including the the rear property which is a a commercial building a um shopping center I think you know you know like I said like I made the motion I'm I'm you know in support of the the variance request uh any other discussion or comments nope all right then uh I have to read the six questions into the record hopefully they're written here okay um there are six um um questions that need to be answered by by us uh through our vote U the special conditions and circumstances exist which are not applicable to other lands structures or buildings in the appal zoning classification that the special conditions and circumstances do not result from the actions of the applicant that granting the variants 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 and 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 the land building or structure and that the granting of the variant will be in harmony with the general intent and purpose of this chapter and as such Ian will not be injurious to the area involved or otherwise detrimental to Public Welfare uh with those uh six questions in mind I will call the vote uh from the board all in favor of the motion say I I I any opposed the motion and your variance passes Mr bod may we have the next applicant please yes item G2 MJ Coupe LLC request variance of chapter 62 article 6 of our county code section 62-1 14014 to permit a variance of 25 ft from the 25 ft lot width required in an RR mh-1 rural residential mobile homes Zing classification and this is located at tax account number 2674 in District 1 okay will the applicants please come forward as tedious as it sounds it looks like you have two and we're going to have to go through this two times okay sounds so um need your name and address for the record yep Michael coup uh 3925 Hidden Hills Drive Titusville Florida 32796 okay let me the MJ Coupe LLC represented by MJ Coupe here is he's the owner of the LLC so we're okay there okay um raise your right hand do you swear that the testimony you're giving us today is a truth the truth yes okay go ahead how can we help you um basically bought two lots um they're what I was told is they're Zone prior to 1978 so they're like a non-conforming lot MH um so back then they could be 100 foot I guess the new code is it has to be 125 foot okay I think that's very concise I like that I told it's supposed to be pretty easy so so um this arises your your application arises in district one which is represented today by uh Miss bartdon questions I'll defer if anybody else on the board has questions uh any other questions from the board no okay um so I got to go through a little procedure here okay just step aside all right is there anyone in the audience who wishes to speak in favor or against this application seeing none please come back do you have any else you want to say before we no sir okay thank you just take a seat because you're going to be back up okay all right um M Partridge this application AR rises in your uh District uh you have the opportunity to make a motion yeah I'd like to make a motion to approve the variance as depicted by survey I'll second it okay we have a motion to approve this application by Miss Partridge a second by Dr Dr Bass um is there any uh discussion my only comment would be we run into this all the time many many times so um It's Not Unusual and um sound to me to my mind it's it's a reasonable request so um with no more uh questions from the board or no more discussion I will call the vote um oh no I got to read the six hardship questions all right 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 will 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 business 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 their 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 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 those thoughts in mind I will call the vote of the board all in favor of the motion say I I any opposed the motion for one of your Parcels passes now we have to go through the whole thing again for the second one so come on up to the podium um I'm sorry first thing we have to do is Mr bod has to read in the applicants okay no you go ahead Mr bod uh don't you read the applicants application first you look for okay item G3 MJ Coupe LLC request variance chapter 62 article 6 bouar county code section 62-1 14014 to permit a variance of 25 ft from the 125 ft lot width required in RR mh-1 rural residential mobile homes Zing classification and this is located at tax account number 2676 and district one okay thank you you're still under oath okay so you can make your statement of presentation again okay um same as the other lot falls into the doesn't meet the requirements for the 125 foot because it was zoned prior to 1978 okay yeah very concise thank you all right now I have to ask for um I think let me check my okay uh it's m Partridge this is in your District so you have first opportunity to ask questions once again this is a very standard uh request so no questions for me okay um I have is there anyone in the audience that wants to speak in favor or against this application seeing none um any final conclusion statement from you the applicant no sir okay thank you you um okay Miss Partridge you have the floor for a motion i' like to make a motion to approve the variance as depicted by survey okay uh do we have a second a second okay we have a motion by Miss Partridge to uh approve the application we have a second by Mr humberg and is there any board discussion on this uh this matter Mr chair for clarification um just a little confused how the application uh reads the notes of the application is the and I guess I can ask Mr bod is the um code provide for 125 ft lot width or 150t lot width the code whenever it was subdivided in gu it required 150 ft of lot width it did not meet that one of them was subdivided in 1969 the other lot was subdivided in 1970 so they're both subdivided around around the same time so it didn't make them meet they were inadequate in size uh he's got to go through a rezoning and so the rezoning is for the proposed RR mh1 rural residential manufactured home zoning and that's to bring it into compliance with that zoning code thank you which requires 125 ft any other discussion or questions okay I will read the six hardship questions and they are 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 priv 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 reasonable use of the land building or structure that the grant of the variants will be in harmony with the general intent and purpose this chapter and that such variants will not be injurious to the area involved or otherwise detrimental to the public welfare with those six questions in mind the board I call for a vote all those in favor of approving this U application for variance say I I I any opposed you passed um I believe that's the end of our applications for today okay yes that's it then I call the adjournment of this uh this meeting thank you very much 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 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 period [Music] [Music] [Music] [Music]