##VIDEO ID:uF3OGTVQ4VQ## he he 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 with liberty and justice for all I now call this uh vard County Board of uh zoning adjustment uh meeting of September 18th uh to order um first uh order of business will be the uh approval of last uh meeting's meeting minutes uh are there any changes that the board members Us wish to uh make then I need a motion to approve I make a motion to approve the minutes second third all right we have a motion to approve by uh Miss Mard and a uh uh second by Dr Bass all in favor say I I okay um Mr ball would you please uh describe the uh what is it function of the board of zoning adjustment thank you Mr chair um the board of adjustment is a quasa Judicial body established by the board of County Commissioners under chapter 62 to Article 2 Division 4 of the barar county code the board of adjustment is empowered to hear requests for variances to the zoning regulations and sign regulation in chapter 62 article 6 and article 9 pursuant to the Florida rules of Appel procedure any person or person jointly or severely agreed by any decision of the board of adjustment May within 30 days after the date of the order is signed apply to a court of competent jurisdiction for appropriate relief Mr chairman you have four items on your agenda today thank you Mr B uh Mr ball um Miss uh Mard would you uh read the definition of an undue hardship yes Mr chairman an undue hardship a variance may be granted when it will not be contrary to the public interest in where owing 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 undue 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 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 thank you you're welcome um I I will now read the uh State the board procedures for this meeting today uh now address our board members 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 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 anyone with the from the audience wishing to speak will be given an opportunity to address the board once and only once so be complete and concise if you choose to uh exercise that option at the conclusion of public comment the applicant will be given a additional time for rebuttal as well as present their final comments once completed no further comment will be heard from the applicant or the public the action moves to this side of the bar 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 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 um after the your um application are there any questions regarding these uh procedures from the board any questions from the applicants any questions from other audience members that may be here to speak with everyone's agreement we will proceed to our first application uh Mr ball could we have our first application please thank you Mr chair um item H1 uh bo bogs family uh December 17th 2019 trust request variances of chapter 62 article 6 of our county code as follows number one section 623 1340 uh subsection 5A to prevent a variance of 9.5 ft from the required 20 ft Front St back for structure in variance number two section 62 2100 . 51d to permit a variance of 980 square ft over the 50% of living area allowed for an accessory structure in Ru 1-11 single family zoning District thank you applican please come forward I need your name and address and then I will swear you in uh Bill Bogs 6705 River Edge Drive Titusville Florida 32780 okay you swear that the uh information test m giving us today is a truth yes sir okay all right please proceed okay um so what I was looking at do put a garage on that separate garage on the house but building the kind of multi-purpose um partial garage back of it open kind of a Terrace to the water so you could sit out back and enjoy the water there and then uh storage area inside of that also so um separate right now we have it in the attic and I'm getting older and getting up and down in the Attic is a little tougher than it used to be and you know my wife likes to decorate for all the holidays so um and then little workshop area so I drew this up it was mainly to show my wife um cuz visual kind of helps her see things um and that was kind of the square foot footage showing what would be for what I don't know if this is is that the interior of the correct proposed garage yes so I don't know if this is something that will help if you if you'd like to take a look at it or no or Mr chair if I can just jump in for a second if Mr bogs wants to be part of the record he can show that to the board members but I'll need a copy of that for the for the I can give you this sure yeah so if you want okay we'll just pass around real quick but you can continue your presentation okay hey and uh essenti and you could do the same thing with this and this was kind of a um mockup from the original drawings that we had done um and this was to kind of help her also but it was um kind of the house like um not really trying to change the Aesthetics of the area or anything the garage is going to be the same material as the house and everything and the way it was designed up just kind of make it a little bit longer Rancher um the house would connect to the garage um not with an enclosed space but kind of like a a open air space to go between cuz I thought that area might be good for bicycle LA or that kind of thing so uh you know essentially that's what we were looking to do to try to get um those things Incorporated plus I've got a you my father passed away my uncle passed away and they were kind of old car Buffs and right now I have these stored under t two cars stored under tarps at my office and that would be give me additional space too to keep them in the garage there to be able to get them out maybe go up to dogs or us and take them out to the car show or whatever and and take the wife out and and and do that but it was really just uh when we started thinking about it was kind of try to do something to Compass all of the what we were our needs that we were kind of hoping to fulfill in you know with that space because everybody else has kind of front to back uh for you know from road to River mine kind of runs long ways against it cuz I guess it kind of choked down there and originally they did the variance for the house on and from what they said it was two Parcels so they did where the house was sitting was on the one variance and they gave that for it being closer to the road for the house itself but it didn't Encompass the other because that was uh not going to have a building on it at the time so that's what I was asking for with that um I know when I talked with the planner um in the building department he said that you know about the the garage being and I said well you know it's not the whole garage you know it's not all garage it's kind of the garage the Terrace the you know storage room Workshop um so if I needed to do something different I said that's fine I just thought that that would be Encompass it that way um with everything that we were trying to do if everything goes well the the plan you know you never know Health everything else but the plan would be in a couple years to um the way the house is now if you see from that picture where the existing garage it has a garage and then a laundry room and then behind that closest to the water is a um like a little TV Florida room in the back and so our thoughts were to you know later on down the road if everything goes well then to apply to be able to change that space into master bath master closet uh those are future future plans future plans us okay I'm sorry I don't mean to Ramble On yeah okay gone the floor plan that's okay um we're going to open up for board questions at this point no stand right there because you're going to answer questions okay no problem just need some time you need what talk okay yeah miss m go ahead good afternoon Mr Boss good afternoon so I came by your premises um I just have a couple of questions so I came by you only have a neighbor to your left correct correct and no not a neighbor to your right no or across the street correct and behind you is the water correct um so that's how do your neighbor to the left feel about this um they're fine with everything but they've kind of been in and out for the last year they've got some family issues going on in Jacksonville so they kind of really show up every couple weeks but I have their information if you need it if you'd like to talk to them but they I'm basically asking they didn't object to this or anything it's not going to infringe upon their property at all correct no this is on the opposite side like they're to this side and this building would be to this side of my property yeah so again explain to me so the garage I saw the um the drawing you basically going to do a garage a Terrace room and a workshop correct yeah so the so the Terrace is just kind of it's like the back for 12 14 ft all across the back of that building is open right so it's just it's under roof but you can sit back there and enjoy the water the launches the water you you know oh I'm sorry uh that sort of thing we just thought you know more space to me some lawn chairs that sort of thing to enjoy the back so just help me out this is not an enclosed garage it's going to be just like a shelter no no so the garage itself would be enclosed but the back so many feet of it is open okay and and I did if I have a a plan that shows that like a side view okay of It kind of open if that helps if it needs to be in the record you could keep it it was just an additional piece I didn't know what from the plans we sent you would have or not access you know I figured you'd have access to everything I just didn't know what you'd have or what you didn't have but if it's a better visual for you I do have that for you to be able to take a look okay you have it with you now yeah absolutely is it basically shown on here so yeah so you can see that that's it yeah this is just a little bit bigger how Mr chair can can I jump in for a second yeah so what Mr bogs is presented to you is different from what his site plan has shown so his site plan shows that there's a separation between his principal and his in his detached garage with that being said there has to be a minimum 5T difference for that so my staff did not review that based on the plans that he just submitted and the reason why that's important is because if it's considered attached because we do have an attachment code if it's considered attached then then there is not there isn't the requirement for the 50% it's variance number two so my direction for you all is to consider what Mr bogs has presented to you on the the on his survey in um make or make your recommendation on base those variances because if not then we would have to go back and my staff would have to review what's being proposed now and get an updated survey because when you guys review variant is it's based on the submitted site plan with the date those plans that Mr bogs just showed are they're different okay so we will um we will only consider what was officially submitted before that I'm just bring I'm just I'm just identifying that there is a discrepancy between what's presented to your now and what's shown on the site plan or on the plan okay so do you suggest that um in all fairness to Mr bogs that we could just table this and get another date update his yeah so it's it's really up to Mr bogs what he wants to do because I know this has been continued several times but I I don't want to move forward with this being submitted today and the variances that was presented to us in in staff analysis it's different and if if Mr boogs decides to go to attach the structures then he might not need uh variance number two if it can be considered attached there's some requirements about having a common roof line and and and now is not the time to do that analysis but there may be uh an opportunity not needing the second variant is the does the common roof line mean mean that it it's the same all the way across or just that just cuz that's I'm not I'm not going to make a judgment call here okay I I know I didn't know I didn't know the definition of the common roof line sure so George is here you know after after you know the board makes a recommendation you can talk to George and he give you some more guidance on on what that is sure okay okay you done yes any more questions okay uh any questions from the other members okay I do have one yes sir couldn't help but notice you're wearing a logo of a business mhm are you doing any of your business out of this structure oh no no I have a my office is uh in off of it says Workshop that's why I ask oh no no you know my wife likes crafts and that's taken up a whole room and I'm like I so you're not going to I have to share no that that's fine so you're not running any Commercial Business out of no absolutely not very good yeah uh that's all I had um I guess go through a few procedure things so take a seat all right actually you can just kind of Step Aside because I don't think okay is there anyone in the audience who wishes to speak in favor or against this application seeing none that procedure was taken care of RA the hand she raised the hand oh you did oh I'm so sorry uh please take a seat Mr M okay you you you uh come come forward we'll swear you in and you can so there's a couple of procedural questions but yes sir first your name and address I CIA Bogi 6845 Riveredge Drive okay um and please speak closer to the mic um are uh do you uh do you swear that the testimony you're giving us today is the truth yes sir okay now my next question is are you speaking for or against the application you have to pick one I'm speaking against the application right now as it stands okay what is your objection or what question do you have uh first of all you don't have to be that close the original variance was obtained when the house was built many years years ago and Riveredge I've lived there for 22 years my family my father next door who's 97 has lived there for over 40 years and my brother next to him has lived there for over 40 years so all of this affects us in a huge way uh what happens on River Edge uh because we all as family members live there my second concern with me saying no to this variance is not generally it's that if we change variances can someone else then because this starts this whole train of people on our street wanting to get variances uh to build structures that aren't far enough from the property line and so I'm just afraid that if we're going to establish these variances the next person that comes for a variance they're going to use that as well that happened down the street now I get to do X or I get to do Y the second part of the variance if it's not going to be included the 50% and there's no way that he can do multifam living in this garage uh if you guys are going to take that away the second part of the the variant because it's going to be a solid roof across then my only concern would be the square footage of the building on the property that the step backs are uh I think he's trying to go pretty close to the edge there with the setbacks so I I'm speaking because things are changing as we're here with the actual variances that he's asking asking for so I need to know whether you all are going to continue this and then my family can reassess it I can go back to the principles of my family and myself as a homeowner we've paid taxes property taxes hugely to the county uh by three families being there plus another piece of property that we own that's uninhabited so um I just if it's going to continue then I would be here to hear his continuance that's pretty much what I'm asking for is that if he's going to have that straight line Roof then my family might not be opposed to that to the setbacks from the water uh but I still am concerned that about the setbacks not being kept I'm I'm going to um defer a couple of your questions to to legal but okay um as I understand it from the discussion we just had with staff we will consider this application as is and not with the connected roof line okay so that's that's one that's that's going to be the basis of our consideration okay um I I probably should defer to legal but you can overrule me if I say something wrong and that is that each application is on its own yes they will talk about similar variances in the area which could be a precedent for the future but normally we consider each application on its own merits okay so and then were there other I'm not sure if that yeah that helps a lot because we have another neighbor trying to get a variance as well they haven't gotten a date yet but so things are happening on our Edge Edge of River Edge there's a lot of movement and so it's we had to follow all the rules so we just feel like as a family we're just like we're concerned but if this is just going to be a garage and nothing more than a garage with the viewing area I probably would not not be opposed me personally I cannot speak for senior Boland and David Boland they're not here and I can't speak for them but I could speak for myself that I wouldn't be opposed to it if it's just a garage with a viewing area um if it's going to become multifam living he wants to renovate it l later and rent it out and there's rental properties with these million dooll homes on our street I would be opposed on the Riverside for there to be multifam living units like tow houses Condominiums uh we are you speaking about Justice property or the Waterfront in general when you talk about multif family I'm I'm speaking about this property this property okay just want to make sure yeah yeah so we would be I mean if he was going to turn it into like a townhouse later or something like that and say well I'm going to put Plumbing in I'm going to put living I think understand your I'm not trying to shut you off but it's so please please wait this variance does it allow for residential use of this or this zoning I just the the accessory structure that would be allowed under the the requested variances would not not allow for living area within that structure okay so no living area there you go questions answered we're all good are we finished yeah yeah unless anyone has a question but I think you've been very Su thank you thank you for clarifying okay is there anyone else no okay yes um closing comments or maybe a question but closing comments um I didn't know on the um site plan when they did it that cuz originally that was going to be connected if I need to do a new I guess site drawing or whatever before that or I don't you know I I don't know what needs to be done I I I guess maybe that's what happened is the right plans were submitted but then the site plan which I have didn't show it touching the other as I understand it the the application says that you're putting the garage back on the existing garage location am I wrong on that or there is no existing no no no that was empty lot always been an empty lot the way it's shown here it's separated from the residents uh so I mean that will be the basis of our okay our decision mhm okay so I guess I'm asking you do you want us to do you want us to consider assume approve it do you want us to consider this as it's shown here or do you want us to table it and you come back with a different plan it it's the you know if I need to do it the other way in order for it the open question is one one or the other for to you Mr chair can I jump in the other the other opportunity to happen is that you make your your decision on variance number one and deny number two based on if Mr bogs truly intends to attach that the uh the garage to the house because then if it's considered attached then you do not have that limitation of the 50% so um that wouldn't be required you've set us with quite a question here I'm sorry I didn't realize that yeah so I've been enlightened that um you cannot hear if it if it is attached and George pointed out that then if it becomes attached then it becomes part of the principal structure not an accessory structure so both variances would have to be tabled and reared based on a new plan that gets submitted okay you you heard what he said do you want to table and submit a new plan um if that's what we need to do I guess I don't want to do it I don't try to circumvent any I just want to make sure we're doing it the right way however you guys I I think I get a sense of of of what you want and I'm going to ask for a motion to table this until the next meeting and give you an opportunity to correct any deficiencies changes whatever you want Mr chair I wouldn't I wouldn't do it to the next meeting because sometimes so I would do here this is this is what I would suggest that you table it not to a date certain because we will have to advertise it regardless okay okay and we will we will process the new information that Mr box presents to us okay I think I know what we need to do so I need want to make a motion okay that we table this to a future meeting to allow the applicant to Revis his application okay okay I make a motion Mr bogs to table this to a future meeting so you can revise your survey okay can I have a second I'll second that okay we have a motion to table the uh application to a uh future meeting not specified U made by Miss Mard and seconded by Dr bogs uh any discussion uh let me call the vote all in favor say I I uh any opposed the application is table okay and you can get with the folks and work things out all right thank you thank you thank you okay ready for number two we're ready for number two thank you Mr chair item H2 Danny Redmond and Esther Clayton Redmond request a variance of chapter 62 article 6 bvar county code section 62 2109 subsection C to permited variance at 2 feet over the 4ot height maximum for a wall permitted in the front 20 20ft step back and an Ru 1-13 single family residential zoning classification thank you Mr ball um could I have your name please I'm John Campbell I'm a land surveyor my business address is 115 Alma Boulevard Meritt Island okay um just a uh qu uh it's okay to okay sometimes I have to ask when it's not the exact same thing um let me swear in do you swear to tell the truth sure okay uh go ahead present um I'm representing uh Dr Redmond this afternoon he's an emergency U room physici and he's on call so he wouldn't able to U come to this meeting I'm I did all the surveying for him and also helped him with the application and he's asked me to represent him and the last meeting that I came to I gave um Paul my um affidavit so I don't have an affid today uh I'd like I have some handouts I'd like to share with you um okay yeah um you'll when you give them to us it goes into the record of course okay do you have just one or multiple copies I'm sorry what do you have just one or multiple copies I've got I've got it's just two two exhibits well that's fine but they're stapled together so you can that's fine but they will uh they'll end up in the record yeah we'll take it we'll take care of it you you can go ahead while we're no you can have M unless all right the purpose of uh this variance is to um replace a concrete block wall that was on on the um east side of US1 Highway US1 this wall was uh damaged by an intoxicated driver who uh who really put the hammer to the to the wall uh what in order to rebuild the wall Dr Redmond wants to build a six- foot high wall a six foot high wall has to meet the 25 ft setb from the property line if you look at my survey which is not the photograph aerial photograph but it's in there there's there's a map with three colors on it uh uh green represents where the existing wall is at now uh the purple is where Dr Redmond's home is at and the yellow area is a uh a guest house that uh Dr Redmond's mother uh lives in or occupies uh this crash was not minor it uh tore up a major two two mailboxes before it hit the wall uh car went totally through the wall bounced off the wall and cracked another piece of the wall so the wall is shot it has to be replaced uh doctor if you will look at the photograph you can see that with a photograph that has the hole in it it's very close close to the guest house the car almost H the guest house the guest house is shown in yellow the uh if if we put the wall at the 25 ft setback that's only about 5T a little over 5T from that house uh it's it it it is the truly the hardship of the the request the hardship is that it it would be almost adjacent to the house and uh of course having a the scare of the vehicle going through the through the wall one time before and with a possibility that who knows what might happen in the future uh we're not asking for request is any different than shared by several other homeowners in that area I've also in my photographs shown you some six- foot walls that that uh that are just two homes away from uh Dr redond and and to be honest with you there were other walls I didn't copy a photograph uh Dr Redmond has spoke to the homeowners on either side of him uh he has told me that uh they have waved any objections and to bring that to the your committee to he uh the the filling out the hardship thing uh was just basically it was awfully personal and uh Dr Redmond is concerned about his children playing in the yard is his home being ran into and some other things the hardship really is the fact that building the wall next to this other accessory building is literally going to put the wall right on top of the house and of course we saw president Trump uh being uh attempted assassination by climbing up a wall getting on top of a roof I'm not I'm not suggesting that that might have but but these are Lov homes nice area and security is an issue uh they have the River on the rear a very busy highway on the front uh our request is uh is to put the wall rebuild the wall in its present location where the green is at on my on my survey sketch and the only difference is it will be 2 feet higher than the the wall that was there in the past I think um I personally when I out and looked at the area I of course I'm a surveyor and I find everything either horrible or okay it looks okay to me if it if it was put there and that it's compatible with the other buildings in the in the area uh the doctor is respectfully asking uh for that variance to put the wall on the highway side also I want if you have some concern about the wall uh being a blind with the RO cars coming down you can also see the one photograph where the wall is six foot high and you can see it's all it's open and you there's plenty of sight distance to be looked at uh the safety issues are I feel are minimal uh the uh possibility of um uh people driving and drinking and being irresponsible on a 55 M highway or something that could happen again and I think the doctor is uh valid in his concern for the the security of the property uh again I think it's compatible with the area and uh I'm here to share any any questions the doctor has asked me to represent him he is uh a friend and and a doctor okay thank you um your application arises in District Two uh which our uh board member is not here today so as chair I'll I'll take up the uh his his duties for his district um in summary you're asking us to rebuild the wall of the present location 2 feet higher yes sir that's that's the summary of everything that of it and that's what is the material going to be similar or the same it looks brick in this you know I didn't talk to the doctor about that but I'm I'm sure it'll be decorative I don't I don't know whether it be if you Salvage those bricks it would be nice but it'll be Mason you cannot rebuild the wall right where it's damaged too much it has to be it will it has to be raised and taken out but it will be a solid material won't be r on I'm sure it be masonry yes sir yeah okay okay um that answers questions from me does anyone else have a uh question okay I have to go through a quick oh Steve did you no okay I have to go through a quick procedural thing you can just step aside is there anyone here who wishes to speak in favor or against this application seeing none you may return to the uh microphone um I think we've heard a very good summary of of what you're looking for yes sir thank you very much okay you may have a seat please okay uh even though I'm representing uh Kevin's District I Mr Mr mcan's District I cannot as chair make a motion so do I have a motion to approve this application as stated I'll make that motion okay well we need to read something out Mr chair is is that motion as depicted on the survey yeah we're we're we're revising that I make a motion to approve the variance is depicted on the survey with the revision dated where' It Go I didn't get the date what was the date 1122 112 20 24 244 yeah what year yes okay I found it yes 11224 I okay and second and Miss Mard is seconded so we have a motion by Dr Bass a second by Miss Mard are there any is there any discussion by the board hearing none I will call the you know what I haven't been doing I have to read those here's another procedural thing I need to do um in consideration the the board has uh considered the following six hardship questions um the special conditions and circumstan 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 the literal enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by 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 and structure that the granting 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 with those qu six questions uh in mind uh I uh will call the vote all in favor of this application say I I uh any opposed the application is approved thank you sir thank you three item H3 uh Rand and Jullian Torres request a variance for an accessory structure in an au zoning classification um the request for variance of chapter 62 article six Prov county code section 621 1334 subsection 5B to permit a variance of 6 feet from the 15t required side uh setback for an accessory structure and Au agricultural zoning classification okay the applicant has come forward be sure to speak into the microphone uh state your name and address the record Tes 4872 shanik Avenue marid in Florida okay you're imposed do you swear that the testimony you're giving us today is the truth yes okay please proceed so we have land and Mims that were con constructed to build a house on or going to build we want to build a house on and during the permitting process one of the viewer stated that the equipment building that we built for an RO system and I have pictures that I can give to you should be 15 ft not 10t okay yeah because I also have a picture of the RO system itself and so what happened was when we had the well dug we found out that it was loaded with salt and so the only way around that was an our system so we paid a lot of money to put that in and then we found out it needs to be covered and the well meets the setbacks for the well at 12T so we put the building following what we read on the website is 10 ft and I have that if you want to see that I think just just continue okay so yeah so based on that we built the uh building and then we found out it has to be 15 ft instead of 10 ft so we requested a variance for that so we can carry on with getting the house buil okay your application arises in District uh one which is uh Miss Mard uh you have the floor for questions okay so coming out to your property can you just can I see that picture that you do have please yeah you can have them on the first one you just showed if you don't mind those will end up in the record is that okay okay thank you so this is exactly how it is right now correct okay I think everybody should look at it so you can see it cuz that's not what we have on here see okay no we don't have all no we do not so exactly again what you trying to do is build a he going to build a house on that property correct yes okay but right now you want to cover that yes structure correct yes okay and the reason why you want to cover it because it's to the elements yeah it's an expensive we didn't realize how and it's delicate correct okay and I know you have neighbors to your left neighbors to your right but you have a lot of land also so it's not impinging upon your neighbors also no okay I have no more questions I'm clear on what he's trying to do anyone else questions yeah I have Eve go ahead Mr Torres yes sir are you going to use the same structure and uh just fortify it a little better or you're going to tear it down and leaving it like that leaving it like that yeah so the roof will still be open yes you also have the plans if you want the plans the engineering okay no I was just curious because you were concerned about the system being expensive I thought you're going to close the whole place well I'm not worried about it being stolen it's just keeping the sun off of it ah okay yeah keeping the sun and the rain and all that okay okay I just have one question based on the pictures and and what's written here we're legitimizing the existing structure that's there yes okay all right any other questions no uh have to go through a procedural thing just step aside is there anyone in the audience who wishes to speak in favor or against this application seeing none please return to the microphone last comments anything uh no okay thank you thanks all right Miss Mard it's your District yes and I make a motion to approve this variance as depicted on the survey with a revision date of 513 2024 okay Mr Mr homberg do you second yes I'll second okay uh we have a motion to uh approve the variance um made by Miss Mard and seconded by Mr Holberg um any discussion no all right I will read the hardship questions and then we will vote okay we will consider these questions and in our upcoming vote that special conditions and circumstances exist that 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 the granting that granting the variance requested will not confer on the applican a 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 provision I of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning classification under the provision of this chapter and will constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum that will make possible the reasonable use of land building or structure that granting the variance will be in harmony with the general intent and purpose of the this chapter and that such variant will not be injurious to the area involved or or otherwise detrimental to Public Welfare with these six hardship questions in mind I will call the vote all in favor say I I any opposed then the motion passes and the applicant is approved the application is approved okay Mr ball may we have the fourth applicant please thank you Mr chairman item four is Jamie Gil request a variance for an accessory structure in a GU General use zoning classification uh this is located in District One the variances um is to chapter 62 article 6 Prov county code section 62 21005 1D to permit a variance of 42.5 fet over the maximum 1, 97.5 square ft permitted for a detached accessory structure in a GU Zone classification okay yeah come forward afternoon good uh name and address Jamie Gill 4000 Allen Shephard Avenue Coco Florida okay and your the testimony you're going to give us is a truth yes sir okay we have your application package here go ahead and just briefly describe it great so um yes I'm limited to half the square footage of my home which is uh just under 2200 sare feet so half of that is what I'm allowed to build the separate shop that I'm trying to build um my hardships are just essentially I've got um classic vehicle boat other things my family's growing so I'm running out of room and obviously things like uh vehicles and the the boat and things like that are always out in the elements out in the sun um so I'm just looking to build a uh General use shop out back and it needs to be 30X 50 which is uh 400 whatever square feet over the allowed use so okay your application arises in District one which is uh Miss mord so you have the floor for questions hi Mr Gil hello so as we look at your property today you only have that neighbor is that a neighbor to your left or what is that to the left of your home um so no I only have a neighbor behind me so I have the corner lot behind you yeah and it's I I mean it's the back of my home so I consider behind me okay but um it's the corner lot but yes that is the only neighbor I have the other property is um is just Marshland okay and when you build this structure where exactly were you going to put it so I The Proposal that I uh sent and I should have been digitally uploaded with my um but it's uh towards the back of my property um near where the their driveway is um but it's still off of my off of my easement and we also have the wood line that cuts our property into so or my property from their property so but still a good great distance apart from n property I see yes still 27 ft off my easement so yes okay yes ma'am that's all my questions thank you okay uh any other board member have question my only question was you mentioned the word shop this is not a commercial Venture correct no it is not sir okay um and you are meeting the setback requirements according to the survey you're just looking for an oversiz yes okay very good oh um have you had any Communications with that neighbor behind you uh briefly I did and they didn't seem to care okay so they haven't formally no no anything in all right but they're aware of this application yes sir to your best of your knowledge yes sir okay very good um have to do a little procedural thing is there anyone in the audience who wishes to speak in favor or against this application seeing none please return to the microphone there's nobody out there uh last words and then we'll no sir that's it thank you okay thank you and please have a seat thank you um okay um Miss Mard this rises in your District yes and I just want to clarify again he's just want to build that to take all of his anti cause first first off let's have the motion then we'll discuss oh I make a motion to approve this variance as depicted on the site plan provided by the applicant with a revision date of 7 2024 okay I'll second it all right so we have a motion to approve the application as shown on the survey by uh Miss Mard and a second by Mr homberg and now we can open it up for discussion no I just wanted to reiterate what Mr Gil said that it was not a workshop he would not be performing work in there it's just for his antique cause and out the element okay thank you any other discussion none okay um for okay let me read the uh we should consider all these questions when you make your vote that special conditions and circumstances exist 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 the granting of 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 in The Identical zoning classification under the provisions of this chapter and will constitute non necessary 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 variants will not be injurious to the area involved or otherwise detrimental to Public Welfare with those in mind I will call the vote all in favor say I I any opposed the app the motion pass passes and the application is approved thank you all for your attendance uh at this point with no other business before us I call this meeting of The Bard County Board of zoning adjustment uh of September 18th adjourned 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