for start 8: I want to say we gotz good morning everyone I see that it is 8:30  welcome to the board of adjustment we're so very   glad that you could be with us today and we look  forward to hearing uh your particular cases this   meeting of the escamia County Board of adjustment  for June the 12th 2024 is hereby called order with   five members present and we do have a quorum will  the clerk please swear in members of the staff   please raise your right hand do you Solly swear  and affirm that the testimony you're about to give   will be the truth the whole truth and nothing  but the truth so be got I do thank you members   of the board of adjustment copies of the staff's  resumés have previously been provided and remain   on file for re uh for reference the board has  previously recognized staff as expert Witnesses   does anyone have any questions regarding their  qualifications and abilities to offer this export testimony the boa meeting package for June the  12th 2024 with the the development services staff   findings of fact has previously been provided  to board members the chair will now entertain   a motion to accept the boa meeting package in  Evan do I have a motion I move I move we have   a motion do we have a second second we have  a second all members in favor of this motion   please raise your right hand let the record  reflect that the motion passed uh unanimously Madame clerk do we have proof  of publication yes sir did the   publication meet all the legal requirements  yes sir the chair will now entertain a   motion to wave the reading of the legal  advertisement do I have a motion I shall move is yours working well we do have a we do have a uh a mo a  a motion do we have the second second we   do have the second all those in favor please  raise your right hand please let the record   reflect that this motion uh passed passes unan  unanimously members of the board of adjustment   have you reviewed the resume and transcript for  the board of adjustment meeting held on May the   15 2024 upon your review of the resume in the  transcript are there any additions deletions or Corrections seeing none the  chair will now entertain   a motion regarding the hearing resume for the  board of adjustment meeting held on May 15 2024   do I have a motion motion I have a motion do I  have a second second we have a second all those   in favor please raise your right hand the record  shall reflect that this motion passed unanimously we now come to the purpose of the board  of adjustment and the conduct of this   meeting and our vice chairman will explain the  process from here on the board of adjustment   boa hears administrative appeals variances  and conditional use requests these hearings   are Quasi judicial in nature quasi judicial  hearings are like evidentiary hearings in a   court of law however less formal all public  testimony will be taken under oath and anyone   testifying before the boa may be subject to  cross-examination all documents and Exhibits   that the boa considers are entered into  evidence and made part of the record the   giving of opinion testimony will be limited  to experts and closing arguments will be   limited to the evidence in the record after  hearing the testimony and Arguments for and   against the proposed action and before making  its decision the boa will consider the relevant   testimony the exhibits entered into evidence  and the applicable law because decisions of the   boa relating to variances conditional uses and  extensions of development order for site plan   approval are final unless overturned by a court  of competent jurisdiction the County May issue   development orders and permit for properties  in accordance with the decisions of the boa   however if applicant request the issuance of any  such order or permit and such order or permit   is issued the applicant and not the county shall  bear any risk that such decision may be set aside   the development order or permit may be revoked  or the development may be otherwise enjoined by   the reviewing Court any applicant for relief  from a decision of the boa for set actions   or any agreed party as defined by state law  May seek review of such decision by filing   an appropriate pleading in a court of competent  jurisdiction within 30 days of the boa decision the date of the boa decision shall be the date  the boa voted at the conclusion of the hearing   whenever the boa denies an application no new  application for an identical action on the same   parcel shall be accepted for consideration within  a period of 180 days of the boa decision any   person AG grieved by decision of the boa relating  to an appeal of an administrative decision May   May within 15 days thereafter apply to the  Circuit Court for review each individual   who wishes to address the board regarding a  particular issue must complete a blue request   to speak form and submit it to the clerk of the  board these forms are located on the table at   the back of the commission Chambers you will  not be allowed to speak until we receive one   of these completed request to speak forms we  must have these completed forms for public record we now uh turn to exp party Communications  all written or oral Communications outside this   hearing with members of the boa regarding  matters under review today are considered   expart Communications exp party Communications  are presumed prejudicial under Florida law and   must be disclosed as provided in Board of County  Commissioners resolution 96-13 before a decision   by this board on any administrative appeal  variance or conditional use requests the   chair will ask as each case is heard that  any board member who has been involved in   any exart communication regarding the  perspective issue to please identify   themselves and describe this communication we now  turn to our first case this is case number v224 02802 Stout Road a variance request to  allow an accessory structure larger than   the primary dwelling requ and it is requested  by by Charles E and Patricia L Rudd owners   before we ask uh Mr and Mrs rud to present  their case uh first I must ask the board   have their been any expart a Communications  regarding this matter to anyone let the record   reflect that there has been none has anyone  gain knowledge or information attained from   a site visit or other sources let the record  reflect that uh there has been none is there   any board member that intends to refrain  from voting due to a voting conflict of interest seeing none let the ref uh the  record reflect there are no voting conflict   of interest identify with the individuals  who are the party to this item please come   to the podium state your name and address for  the record so that you can be sworn in by the clerk good morning sir good morning sir and how  are you all right sir can you hear me good yes   sir could you my name is Charles rud yes sir could  you please stand and face the clerk and raise your   right hand do you solemnly swear and affirm that  the testimony you're about to give will be the   truth the whole truth and nothing but the truth s  be God yes I do thank you go ahead and state your   address for the record oh it's 1802 Stout Road  psota Florida oh c I'm close uh sir have you been   provided with a copy of the criteria required to  obtain the conditional use or the or the variance   in this question uh in this matter and a copy of  the findings of fact provided by the staff yes I   have and Sir uh have you read those documents yes  and uh and you uh do understand that all criteria   must be met in order for the board to Grant a a uh  an application such as that you have made yes do   you understand those points thank you sir uh sir  you can if you would like to make some opening   remarks we be the board would be happy to hear  those or uh if you would like for the staff to   go ahead and present their findings and then after  that make any uh remarks that you you wish uh we   would be uh happy to accommodate you either way um  I'll just let them make their statements and then   I'll go from there all right sir thank you very  much all right uh we can now hear from our staff   good morning board Andrew Homer scambi County  development services this is variance case v 20242 here we have our location map as you  can see it is due south of the intersection   of Highway 29 and Highway 196 yes the zoning  on site is rural mixed use future land use   for the site is rural community this is  an aerial map of the site uh as you can   see it's it's large it's a 18 acre parcel  and it's heavily wooded as opposed to some   of the others in the immediate vicinity this  this is a public hearing sign posted on site   this is looking West along Stout Road uh  the where the property the sign is on is   is the subject property and you as you can see  it's uh hard to you know hard to see into it   from the road with the vegetation and this is  looking East along Stout road towards Highway 29 okay um as to the staff findings so in the  Land Development code we do have a section for   accessory structures and uses um there's  limitations on the size of um accessory   structures and in this case the section  we're dealing with is for Parcels that   are lar greater than five acres for a lot that's  greater than 5 Acres uh no individual individual   accessory structure May exceed the size of the  principal dwelling structures larger than the   limits established shall require variance approval  from the boa so here we are uh as to Criterion one   special circumstances peculiar to the property  this is a large heavily wooded 18 plus or minus   acre parcel the size of the parcel is three times  the minimum size needed to request this variance   the scale of the requested structure is fitting  for a parcel of this size and the wooded nature   special condition uh conditions and circumstances  not resulting from the actions of the applicant   the special conditions and circumstances of  this request are not a result of the actions   of the applicant third criteria this is uh you  know will granting this variance as requested   confer a special privilege denied to others and  given the size and nature of the parcel granting   a variance would not confer the applicant any  special privilege denied to other lands Criterion   four strict application of the LDC would deprive  the applicant of Rights commonly enjoyed by other   properties um and due to the circumstances on  the land strict application of the LDC Provisions   would create an undue hardship Criterion five  the variance requested is suitable given the   size of the parcel Criterion six granting this  request would be consistent with the general   intent and purpose of the Land Development  code and would not be injures to to the area   or otherwise detrimental to Public Welfare as  to the recommendation staff recommends approval   of the variants as submitted this is a pretty  straightforward issue From staff's perspective uh sir would you like to uh explain what your  uh propose here the use of the property you're   saying yes sir yes sir what uh I like to work on  old hot rods and the reason we bought the 18 Acres   was because it was heavily wooded and I can kind  of hide my building behind my house because when   you drive up to my home I don't want want you  to see old cars in my front yard so I want to   put them out in the woods and kind of hide them a  little bit and then the size of the building where   I'm at right now in my business my business  has grown so much that we need the the extra   space so we want to build another building to  move out of there to give my business the room   to grow into that other than that there's  that's it Bard do we have uh questions for   the applicant what are we talking as far as  the size differential um his house versus this structure that's yeah yeah the the garage you're proposing yes  um I don't have anything showing it and the   requested size just that it's larger it's  it's uh it'll be uh 6,000 square feet okay   so the property appraiser has the total square  footage for the the the primary at 3359 square   feet and he wants to go to 6,000 so larger than  the principal twice as big twice as big yes sir and Sir will your garage uh it will  be a garage I presume you will have power   if I yes if I remember the reading this file  last night you were going to use solar power   poers no uh no solar power oh okay it  must be the one there's another one down   the road from this one uh so you'll have  power and water and uh will you have any   living accommodations in it I guess not  what would you consider living stuff uh   for a bedroom that sort of thing there'll be  bathrooms okay but no no uh bedroom bedrooms   no kitchens not unless she runs me off yeah  I might have to live there all all right yeah do we have any more I have one  um is this a business or is is this   building personal no personal okay thank you  no I've already got a business I'm trying to   get away from that uh is your business  located uh where you're on this parcel   also or oh no sir my my business is on 10 Mile  Road oh okay rod and Sun welding on 10 Mile Road   yes sir we used to be right here on East Street on  Ian Hayes rud welding by where the old Watermelon   Man sets up yeah that's where I grew up at  yeah so do we have any more questions for Mr rud okay thank you uh Mr Rudd uh does  the staff have any questions for Mr Rudd   no sir do we have anyone in the audience  that would like to speak and if we do   would be necessary we would ask you to fill  out a blue form if you have not seeing no one would staff like to make a closing statement just that this is a straightforward case   as far as we see it um a logical case  for a variance all right board uh now   it's time for us to discuss the matter  is there any discussion from the board any all right then we now are are at the point  where uh the chair will now entertain a motion   regarding V 20242 and with your motion please  State whether or not you adopt the staff's   findings of fact as presented by the staff  if any reason you do not accept the findings   please go through the all the criteria  and address specifically why you don't   Ur uh do I have a motion I move that we accept  the recommendation of findings of fact by the   staff I have a motion do I have a second a  second we have a second is there any further   discussion seeing none all those in favor  of this application please raise your right hand let the record reflect that uh this petition   was granted unanimously thank you sir  thank you for your time yes sir thank you we now turn to our second  C case another variance this   is uh case number v224 -03 13 uh uh 313 rather Southeast Cash Road I'm probably saying it wrong  it's a variance requested to reduce the side yard   setback requested by Daniel Burke and kayb Burke  owners have there been any expart Communications   regarding this matter does anyone have obtained  a uh information or Knowledge from a site visit   or other sources let the record reflect the uh  answers to these questions so far have been in the   negative ask if any uh any board member intends  to refrain from voting due to a voting conflict of interest let the record reflect that there  is no uh voting conflict of interest by   the individual uh board members uh with the  individuals who are the party to this item   please come to the podium and state your name  and address for the the record so you might be   sworn in good morning board good morning sir  could you please face the clerk and raise your   right hand do you solemnly swear and affirm  that the testimony you're about to give will   be the truth the whole truth and nothing but  the truth s you God yes I do thank you please   state your name and address for the record  Daniel Burke 313 Southeast Kaos Road Pensacola Florida good morning sir we're  glad to have you with us today uh would you like to make a presentation uh  or would you prefer that the staff make   their findings and then you would be able  to make any additional remarks that you   wish I'll let the staff share their findings  and then I'm happy to uh talk after that okay hi my name is Christina Smith urban planner  uh this is for case variance 224-0318 left the requesting a 5ft variance and then you  can see the 15t alleyway between that and the   neighboring parcel and then it also is in the  back and you can see the front of the parcel   is 127 ft wide and the back whates it say it's  29 feet wide so it's significantly smaller in   the back and I if I could I'm sorry uh throughout  Navy point we have these Alleyways and as you if   you follow the alleyway up along the side of the  property and start going north you see it widens   out those Alleyways are uh varying width between  all the blocks and navy point and those are open   to the public and it the county intends for those  to remain so if I'm not mistaken uh Andrew these   Alleyways also have been the subject of recent  litigation on that very point is that right and   we wish for to remain open yes sir okay I thought  that that was the case that yes yes ma'am here's   a copy of the public hearing sign posted on  the parcel this is looking at the subject property this is looking east side of  the property and this is looking West   on the west side of the property where  the that's where the addition would be   and then this is looking at the rear  side of the property down the alleyway   and this is looking at the alleyway  in the rear of the house and that is that and that concludes the photography so this   request of variance is to reduce  the required sidey yard setback   from 12.7 to5 for the construction of  addition to the single family dwelling   for criteria criteria special conditions and  circumstances the parcel in question is unique in   shape the width of the rideway is 119 119 ft with  the rear WID width only being 29 ft the parcel has   a 15t Alleyway along the west side of the parcel  this narrowing causes a practical hardship in   the design necessary to accommodate the changes  Pro proposed there are also several oak trees a   septic tank and power meter box that restrict  the location of the addition if granted the 5   yard set back would be 20 ft from many neighboring  property lines because of the alleyway for special   conditions and circumstances not a result from the  actions of the applicant the special conditions   and circumstances do not result from the actions  of the applicant and our existing hardships based   on the parcel regarding ing granting the variance  requested will not confer on the the applicant   any special privileges that is denied by other  own other owners the granting of this variance   request will not confer any special privileges  denied by the LDC to other lands or structures   within the same zoning District regarding criteria  four strict application strict application of the   provisions of the Land Development code would  deprive applicant of Rights commonly enjoyed by   other properties in the same zoning District  under the terms of the Land Development code   and would create an unnecessary and unique  safety hardship of the applicant and the citizens regarding Criterion  five the variance requested   is the minimum necessary to make  possible the use of the property   given the unique shape of the property and  if granted the variance will be consistent   with the intent and purpose of the LDC staff  recommends approval of the requested as submitted Mr Burke would you like to make some  additional comments and explain exactly what   you had in mind yes sir uh that's I it's a  simple drawing of what uh what it would look   like because of the the septic tank and the um  Power Plant plan and the trees um it makes the   most sense to go uh on the side of the house  or necessary to go on the side of the house um   that the home is only um a one bathroom and we  would like to um turn or make a make a second   um and we agree with all the staff findings  board members do we have any questions for Mr   Burke or for the staff what's the size of your  home right now the size is 1,149 square ft and   you're going to you're requesting um how big of  an addition it would be 225 square F feet and   my understanding is that uh includes another  bedroom as well as a bathroom yes ma'am okay what age of the house what's the  age of the house it was built in 1944 this work will it be done  by a contractor or by yourself contractor thank you do we have any  other question questions for I have   a question for staff the um the 12  1/2 ft side variance how is that determined you mean this the 12.7 so the  side yard setback is 10% of the lot width   at the rideway and says that's 127 ft at  the rideway that's where the 12.7 comes from okay any additional question oh I just wanted  to add an additional note um given that this   is in a flood zone um the applicant has  had initial discussion already with our   County flood plane manager about anything that  would need to be done regarding the addition   on that sometimes that's a hang up so he's  uh he's already spoken with the flood plane manager course would like to say something  please raise your right hand do you Solly s airm   the testimony you're about to give will be the  truth the whole truth and nothing but the truth   to be God I doir thank you um and and and I'm  glad thank you for the for the commentary Mr   gwin earli and I'm glad I'm glad Mr uh jom the  deputy director stated that emphatically that   um the alleys that the AL if it is approves  the alleys will remain open even during the   construction phase uh uh um of the of the project  um that he's got it is his responsibility to make   sure they remain open opening that they can  have Ingress and egress at all times during   the construction as well although hopefully no  one will be walking down alley wild construction   going on but the purpose of the all is to remain  open to the public so they can have Ingress and   egress and also even with the the even as J St  with the shape of the lot and with the trees on   the lot I believe that you're going to try  to preserve as many of those trees such po   can those are good things those are nice  Oaks in there and to preserve those is is   to protect those very very good so so I'm  glad Mr Drew stated what he stated about   the alleys and you can see the trees that are  there on the lot so hopefully this will be granted do we have any uh additional  questions from the board to the staff or to Mr Burke seeing none thank you Mr Burke we have two  speakers we have Mrs Burke uh if you would like to   speak we'd be very happy to hear from you uh if  not we understand you're very much in favor I'm   in favor I don't have anything else to say okay  and then we also have with us Mr William norell   314 Southeast collash uh Road and he has has  signed up to speak please raise your right hand   do you solemly swear and affirm that the testimony  you're about to give will be the truth the whole   truth and nothing but the truth shall be God I  do thank you please state your name and address   please William Norville 314 Southeast kalash  I live across the street and have lived the   families own the house across the street for 30  years I've lived in Navy point for 50 years and   not that it's germine to your guys decision  but I think it's going to be a good addition   for the neighborhood and a rising a rising tide  lifts all boats so it's a it's a good thing it's   not going to interfere with anybody's view which  in our neighborhood that's that's a big deal but   uh and knowing Horus in the situation with  alleys um might I'm trying to convince the   County Commissioners to deed the alleys back to  us but that's own hornets nest with people that   have people that have had access to cuz one of my  neighbors has had access to the alley for 50 plus   years and just but by giving me the alley back  doesn't mean I can put a fence on it and stuff   like that so it's I'm I'm trying to argue that  the county doesn't need to maintain it I uh I   don't mow all the alleys in Navy point but I  mow a good number of them just because roads   and bridges has got enough things to do besides  mowing but knowing this because it's directly   across the street from my house I think it's  going to be an awesome thing and it's that alley   really doesn't get used I mean Florida Power  and Light probably uses it more than anything   and some people egress through it and stuff but  I think it's a good thing so thank you sir okay do we have any closing remarks from the staff or  from Mr Burke I think we're at that point we seen   none um staff uh I'm sorry board uh would does  the board have any comments about this petition seeing none I will say it seems to be  uh a reasonable thing to do and given   the circumstances of the placement of the home  and the various obstacles that are around it it   it and I'm sure that uh these older homes  this sort of addition will certainly help   families uh and as I said it seems to make  sense to me given that we now come to the   point where the chair will now entertain a motion  regarding uh V 20243 and with your motion please   State whether or not you adopt the staff's  findings of fact as presented by the staff   if for any reason you don't then you should  go through all the criteria and address each   one specifically that you do not confer with  do I have a motion I move we accept the staff   recommendation we have a motion to accept the  staff recommendation do I have a second second I   have a second any further discussion before voting  seeing none everyone that is in favor of this   application please raise your right hand let the  record reflect that this application was approved   unanimously thank you sir we appreciate you being  with us today and good luck on your improvement we turn to our next case case number CU 20241 13507 Timber Ridge  Drive a conditional use request to allow an   accessory structure in the front yard  of a waterfront property requested by   Charles R Courier and V LA s uh Courier owners good honorable members yes ma'am  welcome do you solemnly swear and affirm   that the testimony you're about to give will  be the truth the whole truth and nothing but   the truth s be God thank you please state  your name and address thema 507 timberidge   Drive could you speak up just a little bit  vimla Courier thank you 507 timberidge Drive Pensacola all right uh I'll have will'll ask the  board three questions and then we will commence   with your application ma'am your petition yes  sir have there been any X Park T Communications   regarding this case seeing none knowledge or  information obtained from a site visit or other   sources seeing none is there any board member  that re intends to reframe from voting due to a   voting conflict of interest seeing none all right  ma'am we appreciate you being with us today have   you been provided with a copy of the criteria  required to obtain a conditional use and a cop   of the staff's findings of fact I have yes sir  have and have you read them ma'am I have yes   sir and you understand that in order for  your petition to be granted that you must   uh fulfill all the requirements uh before  the board can could Grant a conditional use   understood yes sir all right thank you ma'am  would you like to make a short presentation   or would you prefer the staff to go ahead  and present their findings yes please the   staff okay all right and okay good morning  board Allison Lindsay development services   yes ma'am so this is a conditional usea case uh  CU 20 2413 this is the location map showing the   uh property in question this is the 500t  radius map showing that the zoning is LD   this is the future land use map showing mixed use  suburban and this is the location map of the site   this is the public hearing sign that was posted  on site and this is looking Northwest under the   subject property from Timber Ridge Drive looking  Northwest onto the subject property looking North   West on the property and that's all the maps  and photography um so this conditional use   case is asking for the approval to locate  an accessory structure in the front yard of   a waterfront property and in the Land Development  code section um there's a waterfront on Waterfront   Lots accessory structures may be located in the  front yard of a waterfront lot if the structure   are at least 60 ft from the front lot line  and granted conditional use approval by the   boa for CR criteria a general compatibility this  is a deep 453 ft plus or minus on the South Side   the north side is approximately 315 plus or minus  and the front um sorry on the North side fronting   the Timber Ridge The Proposal calls for an  accessory structure to to be built with a   minimum of 60 ft from the RightWay and would be  compatible with similar proper properties in the area for U criteria B for facilities and services  there's no facilities or services that will   be used for this accessory structure on site  circulation for the Ingress and egress the site   plan submitted for this case shows no new driveway  connections to the Timber Ridge Drive the property   owner may use internal access within the property  to access the proposed building or contact the   access management uh if they wanted to get a  new driveway criteria D Nu nuisances and Hazards   the proposed use shall not generate unreasonable  noise glare dust smoke odor vibration electrical   interference or other nuisances or hazards for the  adjoining Properties or other properties in the   immediate area criteria e solid waste the proposed  home currently has solid waste and will continue   to do so criteria F screening and buffering  screening and buffering between like uses   in this case single families do not require um  screening according to the Land Development code   criteria G signs and lighting the lighting will  be residential and no signs are proposed criteria   H site characteristics the parcel is specially  adequate to allow for the home and also the detach   structure criteria I use requirements a specific  use requirement for this case is that the proposed   structure needs to be set back at least 60 ft  from the RightWay and this proposal does meet   that requirement and the staff recommends that the  board um approve the proposed conditional use as requested ma'am do you uh could you  tell us what you have uh proposed here   um it's for garage shed Workshop three  strikes um I'm sorry could I said the   purpose is is exclusively actually for a garage  but it's also going to be used as a shed and a workshop and will it have uh was it your  uh application that stated that you would   be using solar power yes sir I I knew I'd read  that I'm I'm old but I I you still got it yeah   I I did get it right somewhere uh and exactly  what will it you'll what uh keep your vehicles   in it we've got three vehicles and my husband is  a Harley guy we've got four Harley and I've got   a little Von vun what do you call it the little  uh scooter yeah so we need to keep that in there   uh because we do a lot of traveling for  work and we've had lots of instances of   uh it being tampered with okay Bard  do you have questions uh for our applicant and uh I guess you so you will have  electric power there it will be used as a garage   it will uh it will it be having have any  kind of living facilities like bedrooms   or bathrooms or no sir uh it's exclusively  for that um we're going to be using solar   and battery operated stuff in there so we do  not intend to uh do anything electrical okay   and you won't have bedrooms or no no no  anything like that nothing like that no   okay board members any any questions all  right staff you have any questions no sir   okay um we have no speakers let the record uh  reflect on this matter other than the applicant um board members uh we are now reaching  the point point where we will consider   this particular application uh ma'am do  you have anything else to say before we   get I think I've said it all but if you have  questions for me you can ask okay thank you   ma'am board members we now will'll entertain  a motion regarding item CU 202 2413 with your   motion please State whether or not you adopt the  staff's findings of fact if you do not then of   course you need to identify all the criteria  and the reasons why you do not do I hear a motion I move we accept the staff  recommendations we have a motion do   I have a second second we have a second all  in favor of this uh particular application   please raise your right hand let the  record reflect that the uh application   was approved unanimously by the bo thank  you thank you thank you thank you ma'am   we appreciate you being with us today can  I celebrate I got you some chocolates all right okay board members we're   now getting towards the end uh is there any legal  things that we need to know no oh good okay we're   good there uh Andrew what about coming attractions  I'm going to turn that over to miss Rachel she can   tell you all about it the next meeting in July  will so far just has two cases one case that   you've already heard is coming back um with  a similar as this one and then a restaurant   I'm sorry a what a restaurant a restaurant okay  we shall look forward no yeah uh with great anticipation all right ladies and gentlemen  thank you so very much and this meeting is a joury oh well thank you ma'am I appre