level where may go trans your  voice on so record so so if you   want to testify get your information please do at this good morning everyone this is the board of  adjustment thank you so very much for coming out   we uh appreciate uh you being with us today  and uh we have several cases on our docket so   we would ask that uh as they say everyone that  has a has a cause to draw near and be heard uh   so good morning I would ask everyone if you could  put your phones on silent or if you can turn them   off it really does help uh everyone's comfort  so thank you so very much for doing that that   having said that this is the meeting of the  escamia County Board of adjustment for April   the 177 2024 and it is now hereby called to  order with six six members present is that right will the clerk please 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 help you God I do thank you members   uh of the board copies of the staff's resumés  have previously been provided and remain on   file for reference the board has previously  recognized the staff as expert W Witnesses   does anyone have any questions regarding their  qualifications and abilities to present expert   testimony in uh these proceedings seeing none the  boa meeting package for April the 17th 2024 with   a development services staff findings of fact  has previously been provided to board board   members the chair will now entertain a motion to  accept the boa meeting package into evidence do   I have a motion motion we have a motion from  Willie do we have a second we have a tie for   second place and so we'll go to our chairman of  Meritus Mr Smith uh all those in favor of this   motion please raise your right hand let the record  reflect unanimous approval by the members of the board 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 Le uh the reading of these uh legal advertisements motion we have a motion do we have  a second second we have a second all   those in favor please raise your right  hand the motion passes unanimously members of the board have you reviewed the resume  and transcript for the board of adjustment meeting   held on March the 20th 2024 upon your review  of the resume and the transcript are there any   additions deletions or Corrections that uh need to  be made seeing none the chair will now entertain   a motion regarding the hearing resume for the  board of adjustment meeting held on March the 20th 2024 motion we have a motion second we have  a second from the vice chairman all those in   favor of this motion please raise your  right hand motion passes uh unanimously   we now will turn to the purpose of the board of  adjustment and the conduct of this meeting in   particular and our vice chairman will advise us of  these particulars the board of adjustments hears   administrative appeals variances and conditional  use requests these hearings are quati judicial in   nature qu a 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 a 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 over returned by a court  of competent jurisdiction the County May issue   development orders and permits for properties  in accordance with the decisions of the boa   however if applicant requests 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   develop 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 said actions or any   aggrieved 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 will 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   a decision of the boa relating to an appeal of  an administrative decision 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 submitted to   the clerk of 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 of this hearing   with members of the boa regarding matters  under review today are considered expart   Communications ta party Communications  are presumed pres disal under florid law   and must be disclosed as provided in County  uh Board of County Commissioners resolution   93-113 before a decision by this board on any  administrative appeal variance or conditional   use requests the chair will ask as each case is  heard uh that any member who has been involved   in any exp party communication regarding the  respective issue to please identify themselves   and to describe the communication we now turn  to our first case this is case number CU 2024 d04 1800 Patricia Avenue the request  is to allow liquor sales in a separate   building on site in ldm zoning  Meredith Bush agent for Everest   commercial Investments LLC owner and I  see that Mrs Bush is with us today uh before Mrs Bush uh makes her REM remarks uh  it's necessary for me to ask have any member   received any ex parte Communications  regarding this case seeing none has   anyone obtained knowledge or information  obtained from a site visit or other sources   concerning this matter seeing none is  there any board member who intends to   refrain refrain from voting due to a  voting uh conflict of interest seeing none M Bush uh would you like to make uh  some opening room marks I see that you   are here and also Mr and I'm sorry I'll if I'm  sure I'll mispronounce it Mr John TR TR truski   trosi yeah uh would you like to make open uh  any opening remarks I'm happy to address the   board um relatively briefly so you may recall we  were here last month with the same matter and um   there was a desire from the board that we do  community outreach and um specifically note that   it was for a package store or liquor store in the  mailer versus simply saying liquor sales so we did   that we held a town hall meeting there were about  15 people came out in support um we submitted   updated uh application materials specifying  that it was a separate uh adjacent building   um and specifying that it was for a package store  staff's findings did not change they're still in   support of the well they changed simply to note  that it was a package store but didn't change   in the fact that they support um the approval  that we meet all the criteria and again at the   community meeting everyone that was present  was in support of of the package store so I   would simply ask that the board Grant approval  today thank you ma uh I'll turn to uh Andrew uh   I noted that uh the fightings were essentially  the same would you like to give a an abbreviated   version since we have discussed this at the  last meeting fairly extensively but for the   purposes of the record uh I think it would be  good to hear uh your comments particularly uh   involving the package store sales uh yes sir I'm  GNA turn that over to Allison Lindsay she's the   Planner on this case and she will give you her  updated uh findings in that regard good morning   uh board um Allison Lindsay urban planner  development services so uh as of last month   we did uh redo the findings of the only change  in our findings and we still were in support of   in the criteria a the general compatibility we  did make the note that the proposal is to sell   liquor on the same parcel that's independent of  the existing um restaurant building and that it   would be compatible with the surrounding land uses  and the other finding that was U slightly changed   was the criteria D nuisance and hazards that the  proposed use would follow the operating hour that   will be independent of the restaurant and should  not generate unreasonable noise glare dust smoke   or other nuisances to the surrounding properties  and all the other findings of facts remain the   same thank you board members first do we uh does  the board have any questions uh for the staff no questions for the staff uh  are there questions for Mrs Bush no questions for Mrs Bush I have just  one question quick question how many um were   in attendance um of that meeting from the  community about 15 okay was it a better out   come after after work hours did that work out  better or um we had not attempted one during   working hours but I I do think that you know  after working hours makes it uh where people   are more available to come out and this was  held after working hours okay thank you yes   I've got two quick questions that um I'm not  sure U if I ask last month do you know about   how far far is it from the restaurant site  uh to the housing area where the housing   begins do you have any idea um staff do  you want to pull up a map or an aerial perhaps so you'll see there to the north  of the property um on one side of the road   Ro um is a trailer park right um on the  other side is a residential subdivision   right do you have any idea about how far  that is it looks maybe half mile or so speak I'm not sure if that was measured it's a it's not far but yeah  okay it's itman not far it's a tenth of   a mile to the uh to Moore Avenue which is  the residential subdivision North and on   the east side of the road okay I would like  to add is um I I go there quite often due to   due to my other occupation that I do have  as a pastor on Sunday mornings that that   area is heavily heavily vegetated so  honestly speaking I mean they probably   even know step because when I say it's heavily  vegetated it's heavily heavily vegetated and uh and as to where Patricia goes down to Fairfield  that uh if I recall is also a fairly not terribly   long distance but a but a pharah yes sir it's  about a quarter of a mile to Fairfield Fairfield   okay uh those were my two questions does anyone  else have any questions would Mr John truski like   to speak yes sir all right sir could you come up  and we would ask that uh you give your name and   address for the record and be sworn in by our  clerk okay it's John truskowski my address is   39 Three G VI Lane Pensacola Florida please 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 I do thank you go ahead yeah  all you know I'm here to just verify that this   property is one of the few uses it's going to be  able to be used for it is on a flood plane area I   think it's going to be a service to the community  we take these abandoned buildings we redo them   we remodel them and they become an asset to the  community and people that showed up at the town   meeting were very much you know in favor of it  gives them somewhere close to home to go entertain   themselves and then get home safely so all we're  here to do is help the community we're here to   service the community and as an owner of the  business that's my main goal but that's it board   members do you have any questions for our witness  I have a question is the same owner going to own   the restaurant that's going to own the liquor  store yes I am that owner yes it is the same okay are there other questions seeing none thank you for your  testimony sir good well Bor I I believe   we're now at the point where uh we have to make  a decision on uh the uh disposition of this   petition uh we've heard extensive testimony uh on  it uh from last month uh and we've at least as far   as I'm concerned I've had a couple I had a couple  of additional questions in Reading file last night   it essentially is as the staff has stated doesn't  really has not changed the findings but they are   have become more uh uh precise in that we are  talking about a package store here uh are there   what are the comments of the board M Mr chairman  I move that we accept staff's findings of fact   and Grant the conditional use we have a motion a  second we have a second uh do we have any further discussion I will say that I'm going  to support this and the reason that   I'm going to support it is that given  the location and uh if I understood I   believe it's Mr Jones's testimony last  uh at our last month's meeting the area   around this property is wetlands and is more  than likely not be subject to development yes   it is located fairly uh it is an island and  in one sense and it is in my opinion located fairly uh far from both housing uh and uh  fairfields the intersection with Fairfield   I share the vice Chairman's concern though that  she expressed uh or comment that she that this is   a local road but uh as I think uh Andrew pointed  out I believe the staff did that it is not unusual   given a scam County's growth pattern and uh that  we have these situations where you have businesses   that are located on uh essentially local roads  that are serving more than local traffic so for   those reasons I know that we have to be very  cognizant about these kinds of cases and uh I'm   satisfied that a vote to approve this uh given the  circumstances and geographically where it is uh   would be in my opinion something I could support  are there any other comments I just want to   just want to add to that um you know like I like I  said before I'm not a drinker but that has nothing   to do with my decision today um you know I I  I applaud you guys for um going back to make   sure the community understood exactly what was  there this is the second time y'all y'all are   here and um you know I'm very satisfied cuz you  know um you know we have to be transparent with   the community and um I hope you keep the owner  keeps that positive positive attitude you know of   being a positive um addition to the neighborhood  so in order to do the right thing because U it   does meet the criteria I will be in support of IT  board uh hearing those remarks uh if there are no   others every uh those in favor of granting  this petition please raise your right hand and the petition passes 5 to one  with the vice chairman uh in descent   and thank you Mrs Bush we appreciate  you being with us this morning thank you and now we turn to our next case our next case [Music] is V 20 [Music] 24-1 and if we could bring up the the text okay this is uh 335 Deerfoot Lane uh the request is for a  front setback variance uh John H Holan Jr uh   is the owner first uh have there been any expart  Communications with the board U concerning this   matter seeing none has anyone obtained knowledge  or information from a site visit or other sources   seeing none is there any board member that intends  to refrain from voting due to a voting conflict of interest seeing none Mr Mr Holan are you with  us today yes sir could you come forward please   raise your hand and be sworn by the clerk  of the board 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 so be God yes I do thank you  please state your name and address for the   board John Clinton hollahan Jr 335 Deerfoot  Lane cantonement Florida 32533 uh Mr hallan   would you like to make an opening statement  or would you like to uh have the board uh the   staff uh give their findings first and then  you will have to will follow up with your   comments it's depending on how you feel about  that um I think I'd like to let the staff do   their findings first and then I would like to  make my comments if that's okay all right so all right morning board Andrew Homer scamby  County development services uh again this is   variance case 20 2401 here we have our location  map our 500 uh foot radius zoning map showing   the zoning is low density residential our future  land use map future land use is mixed use Suburban   this is a contour map um that I included as part  of the packet um as with all variances um being   related to hardships on the land I wanted to uh  include this contour map and I'll refer to it   during my findings uh this is an aerial map of the  site uh at the time this was taken it was it was   heavily wooded it has since been cleared uh under  the issuance of a building permit and you can see   to the rear to the north of the property is a  wetland area this is public hearing sign posted   on site this is looking Northeast along Deerfoot  this is looking at the front of the property from   Deerfoot and that is Southwest along Deerfoot  uh looking across Deerfoot to house across the   street looking South along the west side of the  property looking Northeast across the rear of the   property uh it's looking North from the west side  of the house towards the Wetland area back in the trees okay that that concludes the photos as to  the findings um we're in a rather unique situation   here um we have an owner  Builder on this this residents um I'm trying to think of the best way to  to approach this without throwing too many   things at you at one time um County staff  from both development services and Building   Inspections go out to residences as they're  under construction they're checking for a   number of things but one thing they don't  check and verify is building setbacks that   is that is up to the the Builder uh in this  case an owner Builder um County staff did go   out uh it did get signed off at the foundation  stage and the house is now currently dried in um   it was after that those visits um that  it was brought to staff's attention that   the structure may be closer to the  right of way than is allowed by the setback the the applicant we requested  that he get a survey he did um and the   survey showed that instead of the required 25t  setb it's actually one foot off the property   line um this came about uh for several reasons uh  it it's not a situation that to go out there and   I've been to the site that it would necessarily  jump right out um we're dealing with a 60 foot   wide ride of way which is wider than a lot of  them these days at 50 and a relatively narrow   asphalt strip down the middle um the applicant  measured his front setback from the edge of the   asphalt which is is centered in the the right of  way at this case um which is not the the front   property line so I'm going to go through the the  criteria here um beginning with saying that the   requested variance is a uh is a request to reduce  the required front yard set back from 25 ft to 1T   for the construction of a detached single family  dwelling as to the specific criteria Criterion one   the parcels along this side of Deerfoot Lane  slope to the rear but this one is unique in   having a draw that runs diagonally across the  parcel the elevation drop on this parcel from   front to rear is 26 ft and this feature combined  with a diagonal draw create practical hardship   for construction building across the draw would  require a large amount of fill to be brought in   to raise the foundation and to slope the land  away from the foundation from that foundation   for proper drainage that action would have the  potential for negative impacts to the adjacent   wetlands and if you could go back I'm sorry if  you go back to the uh contour map thank you as   you can see um from the the contour lines there  that draw runs north to south um diagonally across   the property and the house was pushed forward  to uh avoid that and the the potential for erosion as to the second Criterion the need for  a variance in this case is due to actions by the   applicant he measured the setback from the edge  of the pavement instead of the right of way with   the result of not meeting the front setback  the pavement width at this location is 20 ft   plus or minus within a 60ft ride of way which  is somewhat unusual being narrower for Paving   and wider for ride of way third Criterion given  the existing hardships granting a variance would   not confer the applicant any special privilege  that is denied to other lands fourth Criterion   duee the existing hardships of the land  strict application of the LDC Provisions   would create an undue hardship Criterion five  this is dealing with the minimum make to make   possible the reasonable use of the land the  Topography of the parcel would necessitate   some degree of variance to either the setbacks or  the size of the dwelling but the amount requested   is more than the minimum necessary to make use  of to the land Criterion six uh granting this   request would be consistent with the general  intent and purpose of the Land Development   code it would not be injurious to the area or  otherwise detrimental to Public Welfare as to   the recommendation staff finds the request does  not meet criteria two and five two being um the   one dealing with the special conditions and  circumstances is resulting from the actions   of the applicant and five being the one dealing  with what is the minimum variance required to make   possible reasonable use of the land building  or structure and that concludes the staff's findings sir uh yes sir would you like to  make some comments and you have read the   staff report is that correct yes have yes  sir okay well uh basically it's to put in   layman's terms I mean I found the lot it was  the only thing I could use within my budget   and I've brought in literally over a hundred  loads of dirt so far to build it up to where   I could put the house and use the land and  I set back as far as I've could I've been   fighting erosion like there's nobody's business  especially after that storm we had the other day   if I had set my slab back any farther than  what I did it would have been washed away by   now and granted I made a huge mistake and I'm  just asking uh I I excuse me I uh took it for   granted that when my slab inspection I was told  you know to go ahead and pour and for the rough   end and everything and I figured I was okay I  didn't even think about that uh this is not the   first time that I've built a house this is the  second one I built one back in 1996 where I was   my own contractor as well uh I realize this is  a huge mistake on my part and uh ignorance is   no excuse but I'm just asking all of you please  just I'm not I'm not doing anything detrimental   to my neighbors they've all been asking why'  you stop why did you stop and I explained to   them that I made a huge mistake and if if I can't  get this bottom line is I'm going to be broke and homeless and I all I want to do is finish  my home and have something to leave my children um the the as he said when when I cleared  the property out it was like like this and you   got 26t from front to back difference and I've  brought it up I cleared out half of it I cleared   out 100 by 200 and I brought it up and brought  it up and packed it down and I set my house back   as far as I felt safe because of the erosion  problems that I was having [Music] and it's I just ask that you please consider and please  have mercy and allow me this to finish my home   thank you thank you sir you're welcome we  uh this uh board may have some questions   for you so if you could just um uh stand  by for a second yes sir absolutely St uh   uh board members do we have any questions  first for staff and then for uh the homeown   I have a question for Dre I'm not  familiar with how you get a building   house permit um development order  whatever it is for to build a house um it seems like one of the things that the  building Department would look at would be a   survey and some type of uh position of where  the building will be on the on the survey am   I wrong or so as as part of the building permit  getting land use approval a site plan is required   the site plan did show what the setbacks needed  to be of 25 ft in the front um I site plan it's   not a survey though correct so it does mention  in that document there's big highlighted area   uh that says we do recommend a survey um we we  can't require but we recom we highly recommend   and uh anyone would like to walk into our lobby  you'll see some uh rather vibrant bright green   signs uh that say the exact same thing that  we don't verify your setbacks you we highly   suggest um that you get a survey to make  sure you're within them um that that does   bring up a point um that we consider staff  level when this issue first came to us um   we have a process called vested rights um it's  a process whereby if if there was an error uh um on the staff's part if the staff made  a mistake and someone proceeded with a a   project um and you know expended funds um there  is a way to to process that as a vested rights   claim through the planning board and then the  BCC um but in this case uh there wasn't an error   on the staff part um again we we and Building  Inspections neither one of us verify the setbacks   um that that is completely on the Builder and as  I said going out to the site at first glance you   wouldn't think there's anything too odd about  it um but the survey itself shows it is simply   one foot off the property line given the rather  unique situation of the layout of the right of   way uh the narrowness of the paving it like  I said it's not going to jump out at you at   first um and the measurement for the setback was  done from the edge of the pavement instead of the   edge of the RightWay and can you tell me why  a scambi county has right of widths so rideway   widths um they vary okay um for arterial roads as  opposed to collector roads local roads um local   roads generally you're going to get that width  of RightWay when a subdivision is platted okay   that that that gives you that layout um for some  reason this is 60 ft as opposed to to 50 ft which   you see more often in newer subdivisions um I  I wasn't here when that was platted I I can't   explain why that is there are just some are wider  than others what what happens within a ride of   way what happens within a right of way a right  of way differs from an easement um an easement   someone owns that property and they're granting  someone else the right to cross over above through   across right of way is simply essentially unowned  land that anyone has the right to Traverse that's   where your utilities are installed and buried um  and anyone in an open public right of way has the   right to use it for conveyance and and and as you  stated also and there could be sometimes utility   companies they many time they have to do some work  in those and in those areas ECUA some sometime the   county has to come in put more piping so so those  that RightWay is basically is set asite basically   for those sometime Road expansion so so they  preserve that right to make sure that Ste County   own utility companies if they need to put in  wires or anything like that that that is available   for that individual home or for that community  so the county can use that right of way for uh increasing Road width um storm water runoff  sure um utilities any any sort of infrastructure   yes can go into a RightWay that's a good point  yes is as long as it's not blocking the purpose   of the RightWay right right in fact I think isn't  it true that the reason you have rways is that   very reason for utilities storm water maintenance  all those um those items that are all part of the   transportation system is yes sir that is that  is correct um and this isn't the first time this   happens there there is confusion usion as to where  does where does my property start um most folks   don't realize that pavement is not the edge of  your property um that pavement is generally well   within though not always centered in but well  within the right of way I've always understood   that you look to see where the uh electric poles  are put and if you do that you can figure that's   probably about in the middle of your rideway um  as a reference yes um it's generally on the edge   of the right of way the power poles um reasoning  for that you you want to get it needs to be in the   right way but obviously you want to have it as far  back from traffic as you can um other things to   look for water meters where's the water meter um  and telephone boxes that kind of yes sir yes sir   um and at this site there are power Poes there's  not a whole lot of other infrastructure items in   that right of way um that's why I'm saying it it  it doesn't necessarily jump right out when you   when you drive by the site do we have any more  board questions I actually had a question for   the staff I just I've only been here about a year  and a half and I just on your recommendation you   didn't say yes or no on that it was just pointing  out two facts correct so um for staff to recommend   approval variance needs to meet all the criteria  and this one doesn't meet two and five all right   got you thank you yes sir any more questions  Mr chairman could we see a picture again of the house um yes I'm going to  in fact if you could pull up let's see we we can use those um so these  are some these are some photos um this is at   the rear of the house showing the the impact of  uh erosion by that draw um again that was that   was something I pointed out staff would uh would  say for any construction on this site we would   it would need necessitate some sort of  a variance um simply to keep as much of   the erosion from the draw from getting into  the wetlands um would you yeah click on that   so this is uh again the view looking from the  pavement on Deerfoot towards the front of the house I have a question for staff yes sir Marty  um if I understand it right the r is 60 ft and   it's more typically 50 ft if it were 50 ft would  that mean that the the house is within 11 ft of   the property line no sir um the the setback is  measured from the edge of the right of way so   wherever that right of way would be um it would  have to come back 25 ft from that so even if if   the RightWay was narrowed it still would require  the measurement from the right of but it it would   be 11t instead of the one foot that it is yes  sir okay well it it would depend I mean is it   is the right away being reduced by five feet on  either side or I got you yes sir okay thank you   I've got a question sir yes sir and to your  credit you've admitted that you were mistaken   yes and I would take it then you're not don't have  professional Sur surveying experience or anything   like that is that true uh no sir I don't myself  uh when I staked it out I got the guys that did   my slab they come and cited it in and I told  them where to put it yeah so you didn't have   a professional surveyor uh uh do it for you  no sir I did not until after yes sir correct   the question Rose yes sir oh okay uh I have  another question can we go back to the findings absolutely go on down uh let's see somewhere it you mentioned that there is um obviously you can't have a zero lot line  I suppose is what you're saying but you did   mention that uh the amount requested is more  than the minimum necessary to use the land uh   would you have any idea of where how much  uh property or how much of a setback would   be available that he uh could use our applicant  could use to build the property or to complete the property is there any I mean so we we know zero  is not the answer correct um yes sir if if the   situation had been one in which um there had  been a survey and it came for land use approval   um given the the physical hardship of the land  that the layout and that Contour drop um staff   would have absolutely been in support of some  sort of variance to the setbacks um we can do   20% % administratively this probably would  require more than that and a visit to this   board uh but staff would have would have been in  support um it would simply because this actually   has that hardship on the land um I couldn't say  that staff would be in support of a reducing the   setback to one foot um that that's a bit of  a reach uh the house could be moved back some   made smaller wider you not as deep something like  that um there's a whole lot of unknowns there and   and I wouldn't be comfortable speculating on that  well if I understand or uh maybe you can help me   with this to when you essentially have a a zero  lightline the house would the what's sitting on   the lot line is that pretty much it essentially  one foot back from the right away one of the   things that we as a board have to consider is  someone might build next to this lot and you've   got a house that is uh right on the lot line  I can see ore some uh problems if that should   arise so so it's you know it's I think there's  more while you know we're sympathetic obviously   there's houses on each side of me already built  that that's correct in that photo you can see um   there is a house on that side um I'm sorry wrong  photo let me try a different one uh so there   you go um you can see beyond the sign there is a  house that is on the east side um and again this   is taken from the edge of the the pavement not the  right of way um that house does appear to meet the setback but it's um how should I say this it I don't want  to say it's an illusion um right but it   it does at first glance this one does not  look to be simply a foot off the right of way when did you purchase  the property um last year   uh September October somewhere somewhere back in there and obviously during the this the   the previous owner didn't  have a survey or or what have you I just I am having a hard time understanding how much complexity  this this property has with its topography and a survey or you didn't reach out to someone to help  you put it in the best place possible I when   I bought the property I had it surveyed I  mean that was the only survey I had done   was to buy the property itself okay so you  had the property surveyed at Clos where my   lot was you had the property surveyed  at closing or a a boundary survey done   yes ma'am okay during a boundary survey when  when you go out to do a boundary survey they   Mark the corners of the property for you yes  ma'am so you knew where your Corners were yes ma'am left right and both backside okay so you knew where your Corners  you knew where your property line was and you   built one foot off of it I didn't realized  that I was one foot off the RightWay I I   measured 30 foot from the edge of the road to  my front door okay you said you knew where your   property property was your front property  line was because you had a survey done at   closing right yes ma'am okay so that's your  front property line and you go from there to do your house so what you're telling me  is that you knew where your front property   line was and you built it on your  front property line 30 foot back um   from my property line my front corner  to my to my front door let me see the survey okay this is your front property line that  was marked on on the ground um can you show them   where the you can't see what I'm doing show him  the front property line okay the four corners of   your property were staked if you had a survey done  these little these Corners are staked every time   a surveyor does a a boundary survey I did not have  a professional surveyor come and lay my slab out I   understand but you and that's fine but you did say  that you had a survey done at closing not to show   where my house was going to be just to show where  my property is yes ma'am I understand yes ma'am so   you had four corners of your property state for  to do a regular boundary survey to close on your property by virtue of you having that survey  done you knew where your front property line   was correct okay and you built it a foot off  your front property I didn't realize I was a   foot off that do you know it's I know this is  all my fault I do I did not realize where I   put it and but I'm not causing any harm to anyone  beside me or are not impeding anything on anybody   I'm not asking for special favors or anything  like that I just want to try and finish my home   so I'll have somewhere to live and I understand  I've made a huge mistake but I moving it is not   a option from me reading this and you telling me  that you knew full well where your front property   line was and you continue to build one foot off  of it I did not know I was one foot off of it I   did not realize that all I knew was I had a stake  up by the road a steak up by the road mhm and I   said okay let's go 30 foot back from there and  put my front door right there uh you did know   that deerfi lane it's indicated a 66 foot right  away no sir I did not but that was ignorance on my   part I mean well did you have this drawing  uh before you began your work the one that's   on the screen now no I did not you did this is  after but he had a survey done at closing and   he had his property Corners marked because if he  had a survey at closing they would have marked   his property corner so he knew what his front  property line was his front boundary line was yeah any more comments from the  board or questions I would just   add that I I agree with staff in the two  and five but I also agree I also want to   point out that also number six also applies  to this situation um I disagree with staff   on six in that it would not be in injurious  to the area or otherwise detrimental to the   public welfare that right of way is a right of  way for a reason we have setbacks for a reason whoever lives in that house let's  just say that somebody lives in   that house when they step out their  front door they're in the right of way if the county wants to come in and put  some type of INF um infrastructure swell uh   because of storm water runoff when he walks out  his front door he's going to go into a ditch when uh Gulf Power or sorry Florida Power and  Light um or I don't know ECUA um goes and wants   to redo piping um sewer water what have you we are  in essence making a problem for whoever steps out   that front door that that there's going to be  construction right outside his front door and I   do believe it is injurious I I believe it's it's  going to injure whoever lives there that's going   to be me and I don't have a problem with that I  mean if I need to sign something to say I will not   hold anybody responsible for any way or anything  like that I'll be glad to I'm not I all I want to   do is finish my home yes I made a mistake and I'm  just asking you to please please let me finish my home Andrew what obviously as I said the answer is not zero zero what what can we do I mean it's  a you know that old saying to ear is human and   this has happened uh and it really wasn't anything  except just as it's been stated it was a mistake   what can we do to help him realizing that we have  to maintain the Integrity of the right away uh   I mean I don't I don't know the answer I would  hate to know that's either or either we say that   uh it's all okay and you know build on or I'm  sorry you we you can't proceed I I'd like to   know that there's a middle ground or something  that we can do to help uh I mean let's face it   life is like this and and here's someone that's  proceeded in good faith and just really but I   say I disagree with that I disagree with that  he did not proceed in good faith by virtue of   the fact that he got a survey done and he knew  what his his front property line was well it's   I suppose there is some U if you know how to build  a house you know what your front property line is   well it I mean I would say there's some Merit in  what you say there's no doubt about that but if I   may um so I don't have a whole lot in my toolbox  uh to deal with certain situations um that's why   I mentioned the first thing we thought of  from staff perspective um was is this a   case of vested rights okay there have been other  requests that have come to the staff in the past   uh that when we did our investigation we realize  that's the direction it needed to go um this one   there simply was not an error on of omission or  Commission on behalf of the staff right um which   left us with only this this process this variance  process and as I've explained to this board many   times um staff's findings are black and white um  this board exists to address those gray areas and   uh this one's very basic you see the situation  um and I'm out of options at this point and if   I and if I may if I may with our finest J and  I and myself and we we bad our heads it's it's   it's challenging we understand that the house is  there we understand that the cost is there however however practically houses can be moved seriously  I mean I it may be that just that's a fact that's   a I'm not saying that that's the way to go but  houses can be moved it it it may be costly but   houses can be moved backwards they can be moved  forward it may caus us some things I understand   that but we are in we we are in a precarious  situation um Miss bash the points that you   made spot on we do I we thought about those  things as well we consulted what the County's   attorney's office about veget rights there's  no action on that part but taking on the houses   Can't Be Moved 5T back for example let's say Our  Land Development code does allow for a detach C   structure if there was back or something like that  5T off the property line that's what for detach or   sensory structure code does allow for that we do  allow 20% from an administrative variance so from   from the from the required yard um we that we do  allow for porches per se to go into the setback   area so many feet into the setback area so again  being that this is one feet off the property line   that is challenging as Mr ju stated we definitely  cannot recommend that but I know his point is that   it's costly but this is where we are and I believe  that this what the board is sort at um at a point   but houses can be moved they can they can be  setback they can be moved backwards um they   can but I know that's costly I'm not saying I'm  not saying that I'm just trying to give them some   opportunity for them to to consider that being the  case as Alternatives measures um I have a question   U Mr chairman um for step what are the chances  of um something occurring on that road in front   of his house where they would need to utilize the  RightWay right there in front of his front door   what are the chances so I I I'm not with public  works okay um this is an established neighborhood   um I don't foresee any sort of infrastructure  projects that the county would be doing in there   currently um or in the future it's it would be a  challenge on his side of the road if if the county   was to try to put in some sort of a drainage Swale  um given how all these property slope uh to the rear but I I can't say with certainty that there  wouldn't be a need I just don't foresee it at this   point I just um want to um just share this quickly  with the board members um you know we we've had   cases that come before us before where people they  make mistakes some of them did it intentionally   some of them did it not knowing and um I don't  know I don't know him personally so I don't know   if he did it intentionally or know not knowing  but you know there is a such thing as great   and I'm thankful for that and um cuz I'm sure  everybody in this room at some point of time in   their life have did something that they shouldn't  have did knowingly but they got away with it some   of them didn't get away with it that doesn't  make this situation right at all but he is going   through a hardship and I think we should consider  the fact that hey he's up here today he's saying   it's not no it's not staff's fault it's no one's  fault it's his own own fault and he's saying that   publicly and um if it's not going to interfere  with the RightWay I think we should really think   on that and this and I do want and I do want to be  careful I don't want to say that this is or it's   not actually because as Drew stated that things  do happen but we want to be clear for the record I   understand what you're saying but the possibility  is there that that is what it was set aside for   uh so we just want to be clear going for  that that St we're not saying that nothing   not going to ever happen because we as D State  we not Public Works and we can't really really   say that I understand about Grace I believe  in grace automatically but we just these are   of things that we got to consider um so I I  I do want to add to what Mr Jones is saying   I'm looking on street view uh along Deerfoot  Lane and drainage infrastructure is president   on the other side of the pavement the other side  of the road I'm seeing a covert that goes under   Golden Rod a uh drainage Swale and culverts  under driveways all on the other side of the pavement my concern is not only the county but  you've got ECUA I you've got utilities you know   fpnl you got AT&T there's no telling I just wonder  what kind of liability the county will face could   face if we uh do Grant uh uh uh some variance  here so um something else I'm noticing all the   power lines are on the other side of the road as  well um and keep in mind if this was a situation   in that this structure would is in the right  of way itself there's simply no way we would   be able to deal with that um short of moving the  structure this is on his owned property it's not   in the right of way um the county the county is  not going to be responsible for things on his   property um essentially it's it's not in the right  of way while it's a foot off it's still on his property and also I don't I you're talking  about moving how I poured a monolithic slab   you don't move those that's that's not an  option besides the fact I don't have the   money board members are there any other  questions or comments I have a question um the uh Public Works does is not  a part of the approval process in   the normal sense of getting building  permit is that correct that is correct   um would is there a way that this issue  could be taken to the public works for comment um and I'm I'm for instance you know ask  the uh Public Works whether this is a problem to them I I could uh again it be speculation  basically because I I'm not aware of any   plans for any upgrades to the infrastructure  in that area and um the infrastructure that   is is all on the other side of the RightWay it it  just seems to me that um although the house is on   his own property um because it's infringing  upon the setback and there's a reason for a   setback um with Public Works um would it  be reasonable to um ask Public Works um   if they're posed a problem they would know  more than you what's in the future I would   assume that you're absolutely correct B this my  second it's not a question it's a point um in   in my early life I purchased a um existing  house and in during the survey for um purchase   uh purposes um we found that the front  porch which was an entry uh enclosed entry um um impeded on the setback and so in purchasing  that house I was required to buy insurance so that   if uh the county the county area at the time um  needed to work in the um in in there and damage   my house the insurance would come would cover it  so I was protected and the county was protected   have you run across any issues like that any  possibility of protecting the homeowner and   the county uh no sir there there used to be and  and I'm sorry it was in the old code there there   used to be a provision regarding signs uh and  some sort of a hold harmless agreement u based   on their location relative to the the RightWay  line um but as far as a single family home like   that I'm I'm not aware of anything um for the  homeowner um have you talked to your insurance   company on um property insurance with respect  to this issue I figured until I got this issue   resolved they wouldn't they wouldn't even  in Ure me because I what am I going to no   I have not I was waiting to see if we get  this then I can go get the insurance on the property I mean when when when they shut me  down I said and and I'm think because I can't   get homeowners insurance right now because  I the county has me stopped so if I get this   variance I can get the homeowners insurance on my  property and on my home I I guess that's part of   my concern is um if he goes ahead and finishes  the house if you're paying cash for it I don't   see a problem but if you're having a mortgage on  this I don't have a mortgage but at this point   I've had I'm to the point where I am going to  have to go and get a a small a loan to finish   it because I've had to bring in so much work  dirt and stuff done to fight the erosion that   you could see on on the pictures my concern is  that um if you have to get a mortgage will any   mortgage lender um approve a loan um knowing  that there's a a problem with the with the the   location and Mr cck you bought up a very and we  wasn't aware of this um that that that aspect of   it um if he do have to get a loan especially now  loan companies they're calling us left and right   about is these properties conforming many  times in the new they are requiring surveys   um so those are the things that as a director  I will have to get with you on legal on how to   deal with those things especially because they  are calling us left and right about especially   if there are mortgages that are involved and and  and and that's I'm I'm I'm just for the record   they they are so that could be because I signed  them all the time I'm not trying I'm not trying   to cause any problems for him I'm just saying  that's something that I would have to consider   going forward with legal assistance if possible  I am not taking a mortgage loan out I'm going   to get a personal loan this is all from I built  this when I sold my house I built this out of my   pocket and I'm just going to have to get a small  personal loan to complete okay everything that I   need to do and then I will get insurance on it and  I will do whatever I need to do I'm just begging   you please let me finish my home or I'm going to  be homeless and broke and I will have nothing to   leave my children I know I made a mistake and I  apologize for that but this was not something I   did on purpose the last place I want to be is  here today and I'm just asking you please let   me finish my home yes understand I mean I'm not  trying to get over on anybody I'm not trying to   get fair I made a mistake I understand that and I  can't take it back but I'm begging you please let   me finish my home so I have something  to leave my grandkids and my daughter yes sir I'm sorry about being so emotional this  this is a bad week for me this is my late son's birthday and all I want to do is provide for  my daughter and my three grandkids that's   all I'm asking you to let me do yes sir we  appreciate your testimony sir understand thank you board members any more comments or I I  wonder I don't want to delay this any more   than necessary but I would certainly feel more  comfortable if I were out at the site and looked   it over myself um I I may not learn anything  from that but being there would convince me um   that I've done everything I can to feel good  about whatever my decision is going to be I   wonder if anybody else on the board um has an  interested in doing that well we we would have   to have a public meeting if there were more than  one person and that would be fairly involved if I   remember from my experience doing this um it it  would certainly be challenging uh we would have   to I mean you have to and all that sort of thing  uh it's not really there were some cases on that   back when I used to do this stuff and uh we did  it before it's very challenge a lot of logistics   there yeah it's a lot of logistics Madam attorney  would there be a legal problem with one board   member if he so wished visiting the site and  then at the next meeting made a declaration of   uh you know to fulfill the uh requirements of the  resolution and all that uh you're asking if this   hearing can be postponed well I guess it would  have to be if we get to that point uh I was just   inquiring Marty had indicated that he would like  to see the site and uh therefore we would have to   continue it till next month but what I was my  question was would um with it provided that he   makes a disclosure at the next meeting yes and a  decoration of whatever you found and all that uh   okay Mr chairman yes sir is that something we  would vote on um to hold it off or yes yes sir   uh we would have to uh to vote on this this is  a difficult case it if I might say so and it's   of course very emotional that's for sure um it  is are there other comments I just want to say um I'm I'm ready to move forward I don't know  about the other board members but um I think we   should vote on this today um it's pretty clear  what's going on um with this situation I don't   feel going out to the site would change anything  um about the situation and um I feel comfortable   with moving forward and going ahead and make a  vote on it today all right um I I do have one   thought uh if we uh do move forward with a vote  I would recommend and uh that we include in that   vote should it be uh ex uh positive uh to uh  and overturn the staff uh that that there in   this case I don't think I can support this  unless there was was a the homeowner would   sign a uh a whole harmless agreement that would  relieve the county of any responsibility because   you know there are no utilities right there  now but the way this county has been growing   now check it out in five years or 10 years and  you know you they have road construction brand   new subdivisions all I can see all kinds of  infrastructure uh being put in and it's just   not uh I mean the the home is on his property  but for me to support it one of the key things   that's going to have to be is that there's going  to have to be a liability uh uh release for the   county whatever you need draw it up and I'll sign  it right now um just another question Mr chairman   um this this area is surrounded by Wetlands  correct um there won't be any subdivisions   behind them or anything no no sir this this  subdivision is platted out as it is uh the   wetlands are to the north of him um but there's a  mixture in that entire area of wetlands everything essentially Highway 29 and the rail line through  there are kind of the high point dividing the   drainage basins so everything on this side is  going to be draining to in this case Northeast   that all goes to the uh to the scambia river so  there's there's quite a bit of wetlands throughout there thank you well I I think our first order of  business then ought to be to decide whether or not   we want to proceed uh today and I'd like to maybe  we could just have a consensus on that and then   wherever that leads us then we would actually  uh propose a formal vote what's the board's   feelings do we want to hear this dispose of this  matter today yes we have a yes yes most definitely   yes Ry yes Mr Smith I'm not sure what uh are you  are would you prefer that we vote on this rather   than continuing it yes all right and I too uh I  think in this case continuing it is not going to   it's not going to change anything it's not going  to help the out outcome all right given that do   I hear a motion I make a motion that we Grant  the variance oh God thank you we I'm sorry what   was that that we Grant the variance okay and Mr  chairman um is it fair to say we can add to that   motion that um the owner's um the owner will  be responsible for any um injuries or any bad   outcomes you know that may happen in the future on  that absolutely uh and so if I understand you're   seconding the motion yes if he if he adds that  to it and you are adding uh the requirement that   there be essentially a whole harmless agreement  that would protect the county from any kind of   liability associated with the the uh granting  of the homeowner's request is that right that's   correct um as long as um that's part of his  motion also please address staff's findings   regarding criteria 2 and five yeah in just just a  second I want to be sure we're we're all right uh   um I'm I'm sorry I'm sorry I do got a question  about the whole har agreement um if if that's   what we're going uh uh uh um Madam councel  um will that whole humps agreement have to   be approved by the BCC or just I'm because I  don't this is the first time yeah we have never   taken that right path and correct so you're  suggesting that the county and this gentleman   enter into a hold harmless agreement right  that's my thought and that the county uh is   release from all liability relating to the  Mr chairman we of varant we do have a hold   harmless that's codified um but that is regarding  um seaw walls okay Shoreline armoring as soon as   you build a seaw wall you start eroding your  neighbors right Etc uh but that is codified   that we take that to the BCC and it's holding  the county harmless for any impacts from that   person building the wall I I've got nothing for  a situation like this and I'm I'm certainly not   the person who would need to be drafting that sort  of an agreement no and I I do believe that would   require board approval yes because the chairman  would have to sign it yeah I'm certain that it would well what what I would tell you  um should this board Grant a variance   that is the county saying it's okay for this  structure to be located where it is absolutely   um and and once again it is completely  on owned property outside of the Count's RightWay but you would need  to address the criteria in   the code yes yes because all of  the criteria must be met thank you let's go back to the criteria of this and Ross I think you uh made the initial  uh motion uh would you like to look at two   and five and give us your thoughts uh on uh  why you uh believe believe that that was in   error two and five well they they aren't in  error they made their findings I mean he has   admitted that it was his mistake that's number  two um what was the next one I'm sorry five uh   variance granted minimum variance make possible  reason of the use of the land Building structur   um I'm a property rights guy I don't like the  idea that a man has to come graveling to us for   the use of his own land I understand we have VAR  we have rights ways and stuff like that but we're   here for the very point something happen we can  grant the variance [Music] um I've dealt with   the city the Architectural Review Board a lot when  building my house and I just didn't like the fact   that I had to go beg for simple things on my own  land I mean that's just my personal thing we have   so I take it then from what I I gather are you  saying that the variance uh that we would uh if   we would Grant it it would be uh the minimum that  is the reasonable use of the uh building is that   is is that what you're saying yes okay all right  uh we have a motion we have a second and at this   point we're ready to vote uh you have heard uh  the motion that is before us please raise your   right hand if you favor uh this uh finding these  findings uh and overturning the staff's uh uh   of of findings and are you still including some  sort of hold harmless agreement well I would like   restate the motion perhaps uh I would like to see  that uh I sort of got the feeling that I was the   was the man that was on the island all by himself  on that point but uh Mr chairman you're not um   if we could restate the motion that's that that  way we can be clear and um if that's added to   it I would second to it can it be that we  approve it um based on him going before   the um County Commissioners and then once they  approve everything is good at that point that   that is contrary to the the development code  um and quite honestly there really isn't any   any precedent for a hold harmless agreement going  to the BCC from a boa decision okay so in the in   the past uh you know I mentioned about signage  in the old code it it gave two options if if   a sign was going to be located within you know  proximity to the right of way uh it was a hold   harmless agreement through the BCC or a variance  through this board because this board holds that   power to grant that that spatial location okay  yeah I would I agree with Drew if if we're going   to Grant this variance you can't you can't have  your cake and eat it too it is what it is um if   something happens um you know if he walks out his  front yard and he sees that you know there's Asal   up to his house because we had to widen the  road I mean I would so be it in in essence I   would want him to not sue the county um you know  because I that's what I see coming that's that's   our next step that's why I said I will sign hold  on a minute okay we're we're having a discussion   here and that's my my con concern here is that  we are making this an issue for later on that   the County's going to have to fight and we allowed  it to happen um I am totally in with um right to   do whatever you want on your property I get that  but we all have the same rules that we have to   abide by and those rules are set up not just  for me but for my neighbor my across street   neighbor um for when I go visit a friend in their  neighborhood it's it's there is a logical reason   for these rules and there are safety reasons  for these rules um I think this is a terrible   issue um hate that it happened it could have been  resolved fairly inexpensively in the beginning but   that's not where we are now we are where we  are and we're a foot off of of a ride of way and while we do Grant some variances  unfortunately there are just some   that put the county that put neighbors that put  others safety at risk and I'm not willing to do that so I I think that you either Grant it as  it is let the cards fall where they may or you don't Mr chairman as part of the the  discussion I would like to input that   I Agreed 100% with Jennifer and uh I fear  that uh in trying to help this gentleman   which I would love to do uh we're creating  a problem for the county for the board of   adjustment and I think we're step steing into  an area that is far above the job description   of those of us on the board of adjustment  thank you sir I agree are there any other comments and I would I would recommend and  if the councelor would explain again because   whatever Direction This goes you know if it goes  to the next step up then they're going to need   clarification as to why a motion was presented  and what what you saw as being um incorrect in the   staff's findings um and I think that's something  that that will need for the record and may need   uh later um if it went to a court yes well for  my part I'll I I agree that uh will drop any   my concern about a whole harmless that makes it a  simpler uh issue to deal with are there any other comments are there no more  comments All right we have a motion   to overturn the staff's findings of fact  in sections two and five that has been   seconded also and by my calculation if I'm  correct we are ready to vote thanks so are   we all in agreement that we are is the  staff good with understanding why he's   why the motion is against two and five correct all  right then ladies and gentlemen all those in favor   of overturning the staff's rec uh recommendation  they didn't make a recommendation well their   findings two and five was well technically you  are correct uh they did uh their findings to and   fight are we I I guess we I should have said  all those in favor please raise your right hand oh my God we have two in the affirmative and   four in the uh uh negative that  motion fails do I hear a second motion um I I'll repeat myself um  I feel uncomfortable um on Two on   Two on Two situations um I would prefer to  see the property before I would vote uh uh for I should say against the uh um C's um findings  um and I would like and I think also that the   Public Works um Department need to be um contacted  and um give them an opportunity to to comment once   those two things occur then I would be more  comfortable um with voting for um for that the   existing motion if I understand the motion thenk  is that you would like to continue this matter   uh until next month is that right that's correct  uh is there a second to this motion before we dis discuss I do not hear a second that  uh motion fails for the lack of a   second do I have another motion  I have a a question of Staff Drew on this variance request we have to find correct  me if I'm wrong that he meets all the criteria   correct that is correct okay to your point if  you went out there or if you talk to Public   Works number two and number five would still be  an issue there's no way that he could um overcome   those to no I I could overcome those two you  could overcome those two no I'm not you him the applicant I'm not sure I don't understand  you're asking on the criteria he has to   meet all the criteria and as of right now  staff believes that he hasn't met two and   five right okay number two says that the  special conditions and circumstances do   not result from the actions of the  applicant he's already admitted that right okay so you see what I'm saying yes I do  understand what you're saying okay   and number five talks about a minimum variance  that will be possible to be able to use the land I'm not sure how to respond to that I guess he could have built a smaller house  he could have put it in another position he could   have done multiple things um so so it's I don't  know what do I know what the minimum variance no   I don't know what the minimum variance is but as  we discussed it's not zero right it's certainly   that's true we we found that yeah it's it's a con  right well I think we're at the point now where   where the next motion it would appear to me uh  Marty's motion for continuance failed so we are at   it would seem uh for uh the next motion would be  to approve the staff's uh findings and uh in this matter that would appear to be the  ne to me the next motion and and   virtue of the fact that it failed that  or do we need a motion to approve staff's findings I would double check with Kristen but  typically if you made a motion and the motion the   greater of most was to not approve it it would  automatically be denied right I don't think we   need to do anything else or in the case of a  tie as well excuse me I'm sitting here staring   at a picture of a house already built and we just  denied where are we right now well we that's what   I'm saying there's a house right here in we s well  we have denied at this point uh as I understand   uh the uh request uh that the uh homeowner has  made to us to uh overturn the uh staff's findings   and two and five that's where I understand it  and at this point I'm sure the homeowner will   go back to the county and say okay  what can we do if they come up with something the count per to clean record I've  got nothing I mean we and we will don't have   anything at this point again it would be a  pun it would be upon the applicant and to to   consider and and to consider the cost of  either removing house ter it it would be   strictly on him and and and and that's yeah  and he he have to he would have to work with   the bill and inspection department on that  part not planning and and and and and Zoning   about if it can be done how it can be done  which nothing nothing is undoable I I can say that I think I think we've done all I have  one more may I make one more comment yes   please obviously the six of us um have different  opinions of this situation the homeowner has one   more option and that is to appeal to the courts  our decision yes and because I'm hearing physical   concerns and um economic concerns um and even  legal issues um I think the homeowner needs to   take this to an appeal if he wants if he wants  to take it further I think we need I think it   deserves legal um Court um review if if I may  interject it would be helpful um if it is the   will of the board to clarify the record if there  is perhaps a desire if if the intent was to deny   the motion by virtue of it failing through a  motion to disregard staff's findings was there   there was not a motion to approve staff's findings  that was a point that I was making it would be   a cleaner record yes I agree and and whether  you are agreeing or not agreeing with staff's   findings but all of the criteria would have to  be met in order to Grant it so if there was a   motion to deny then the findings could either  mirror staffs or something else to address the criteria uh so if I understand then it would  be in order for a motion to be made to support   staff's findings no if that is the will of the  board um that could be a motion um but it's it's   it's a not a clean record is all I'm saying when  the only decision that was made essentially was   that a motion died yeah well that was what I was  trying to get to was a finality in the thing so   I I don't want I'm not telling the board what they  that you have to make a motion or that you need to   do something but I'm just advising you that that  makes for a cleaner record well that was my point   that was my question staff do I I'm sorry board  members do I hear a motion to support the findings   of fact as presented by the staff I'll I'll make  a motion um I'll make a motion to support staff's   findings of fact on two and five by virtue of the  fact that in two the applicant admitted that he   was a result of the action taken number five um  it it we don't know if it's the minimum variance   uh by review of the topography I believe that  a lesser variance could have been established   had the house had a different um house plan or a  different location on on the lot and I would also   add number six um because by virtue of being one  foot off the r of way I believe it is injurious to   the area um and detrimental to the public welfare  um being so close um to the ride of way we have a   motion do we have a second a second we have a  second from Mr Smith all those in favor of the   motion uh to support the staff's findings as laid  out by the Vice chairman please raise your right hand and we have two four the four to two and the  motion uh Prov veils with two descents thank you   sir what does that mean I can't finish my house  now well we can't tell you what to do or anything   like that you do have other remedies that are  available to you see that picture up there all   I've got on my roof is felt and it's been that  way for S weeks and I'm just before losing the   roof my trust and everything that I've done up to  this point yes sir I we understand you people are   putting me on the streets I'm losing everything  because I made a mistake I'm just asking let me   finish my house I will sign anything you want  me to sign that I will not ever Sue anybody   for anything or hold anybody responsible other  than myself unfortunately that's not the you   people are ruining me yes sir we appreciate  your testimony we really do honestly thank   you for that but so I'm just s so well I can't I  can't finish my house is that what you're telling   me no sir we're not telling you anything I  can't get inspections I can't do anything   I can't get a roof on it to protect what I've  done you suspended all my inspections how am I   supposed to protect what little bit I've done  yes we understand and so what I just walk out   and sit and twiddle my thumbs until I hear from  someone else I mean what what am I doing are are   have I got to tear the the thing down I can't  even sell the property I can't do anything with it I don't know what to tell you um I would go  back to the building department and and what I   I don't know you're either going to let me finish  my house or you have ruined me it's that b that's   the bottom line all your little variances and  grants and findings and this that and the other   yes I understand that but bottom line is I'm  trying to build me a house so I have somewhere   to live and something to leave for my children yes  I made a huge mistake people make mistakes I don't   know why you can't find it amongst yourselves  to I told you I would sign whatever you need me   to sign that I'm not going to hold anybody  responsible other than me for what happens there m Mr Holland let me let's see if  we can go talk to the build Inspection   Department because I mean because he  going on like it doesn't it does it   it does it doesn't it doesn't do anything  so let's let's go see if we can I I don't   know what just going on well they  just told me no I can't why am I yes I hope y'all are happy I hope every one  of you are happy because you have just ruined   me my life and my family every one of you  except for the two good ones over there   I hope you yeah I hope you all sleep really good tonight okay our next case is cu 20247 I gave you the list yeah let's okay this is the conditional use uh cu2 2407  that's requesting conditional use to allow   the construction of a retail store greater than  6,000 square ft um yet no large no greater than   15 Square fet in the rmu zoning District  uh this is located at 6500 North Highway 29 Casey feler that's correct sir agent for Ron Scott and  lri uh Scott Trustees for Ron G Scott revocable   revoc revocable living trust dated September the  uh 10th uh 2013 is is the owner are you're Mr I'm   Mr felner chairman oh right yes sir I'm the I'm  the attorney of record for the for the applicant   all right sir uh would you like to First you  have you read the uh findings of fact from   the uh from the uh staff I have chairman and  I have to apologize to everyone I am dealing   with getting over being sick um I had a really  really I went out of the country and got food   poisoning so I apologize for the shakiness  Drew knows me pretty well this is kind of out   of character for me so I apologize in advance  um we have had the chance to review the staff   findings and we agree with the staff findings and  so I'm here the engineer is here to answer any   questions but otherwise we would defer to staff  to make the presentation uh first are there have   there been any exart Communications regarding this  case seeing none has there been any knowledge or   information obtained from a site visit or other  sources seeing none is there any board member   that intends to refrain from voting due to a  voting conflict of interest seeing none all right   sir uh Andrew did you want to Alison Lindsay all  right um do we have any speakers for this case I don't I don't believe we do uh no I Mr I would  like to say that this uh staff did review this   and make all these um findings for this case  and it did meet the all the findings of facts   um I thought maybe we could expedite it and or if  you wanted me to go through all the the findings   but we did find that it did meet uh all the U  requirements for the conditional use well we   would like to have some appr at okay for the  record um I'll go through the map so this is   the map the location map showing it at the corner  of Molina Road and Highway 29 this is the zoning   map showing the rural mix use and this is the  future land use showing the rural community   future land use and this is the aerial map of  the pro uh property this is the public hearing   sign that was posted on Molina roadside and this  is looking across Molina Road from the property   this is looking East at um on Molina Road from the  property this is looking onto the subject property   from Molino Road and this is looking West along  Molino Road from the subject property and this is   the public hearing sign that was posted on Highway  29 this is looking onto the subject property from   29 and this is looking across Highway 29 from  the subject property and North also along 29 and   this is looking South along 29 from the subject  property and that's the uh photos and U so so the   findings so the criteria compatibility General  compatibility the um the proposed retail store   would be conducted and operated in a manner that's  compatible with all the adjacent properties and   the rural mix use District does allow for public  um facilities and services that are necessary um   in the area and the site does meet the locational  criteria uh it's at the intersection of us29 and   Molina Road um and the location criteria is  established with the rural mixed use zoning   District to promote compatibility along among uses  especially New non-residential Uses in relation   to ex existing residential in the area facilities  and services um it's Molino utilities for potable   water and they will use on-site sewage treatment  and dispos U and Disposal Systems so all public   facilities and services will um meet the capacity  requirements and it will go through a development   review process the on-site circulation for the  Ingress and egress they will Ingress and egress   will be from Highway 29 um and it a it is a  uh roads under a scami county jurisdiction   the developer will need to coordinate access to  the parcel with the access management during the   site plan review process for the nuisances and  Hazards there should be no nuisances or hazards   associated with the proposed use um in general  the proposed use of retail sales typically does   not generate any nuisance hazards that would  harm adjacent properties for Solid Waste um   based on the appliation documentation solid  waste containers will be available and located   in the rear of the building and they will be  screened from view of the street and it also   will be confirmed during the site plan review so  screening and buffering the the submitted site   plan that was provided shows a 16t landscape  buffer on the property line abing the adjacent properties the criteria G for signs and  lighting the applicant um states that the   proposed lighting will support safety for vehicles  and pedestrians and will be installed downward as   not to reflect on the adjacent properties the  submitted site plan showed a propos pylon sign   and the sign the signage allowed in the rmu  zoning uh District limits the number of signs   available and the size of of the signs which  contribute to ensuring compatibility with the   Community all allowable signage calculations are  also reviewed at development review so for the   site characteristics the size size shape location  and topography of the site appears to be adequate   for the proposed use uh the site requirements  such as setbacks Heights and Landscapes um   will be met and all site characteristics will  also be confirmed during the site plan review   process criteria I use require requirements  there is no additional condition conditional   use requirements and this the uh the applicant  has submitted documentation that addressed all   conditional use criteria and staff recommends  approval of the conditional use as requested   pending approval and receipt of a development  order through the development review site plan   process and that concludes staff's findings um  and the only thing I'll add on top of that is   this is a replacement um Pharmacy for r Scott  the original Pharmacy is just right across the   street and based upon our calculations  we're asking for a little over 11,000 um   a very similar conditional use was granted just  down the road for a general uh dollar I believe   um not too long ago so we tried to mirror  that type of um application throughout this process do we have any questions from  the board uh was there a a site plan   there is there's engine in drawings as part of the packet there we are yep perfect okay so you enter um off of Molino  road is that correct I believe so yes and 29 yeah that's all I have okay another one yeah uh I  have one question there will be just one sign   is that correct that's correct and we we will me  the signage requirements i' I've worked with the   county on that before so we there will only  be one okay because we've had this question   come up before and with other uh uh kinds of  businesses and uh we always want to be Ure to   ensure there is just one sign for this rural  area and and I in fact was just working with   horse on something like this where there could  be the potentiality of you know multiple signs   one that's not the case here and number two  it would be addressed I believe underneath   the accessory structures where it's not right  next to the arterial roadway but right now only   one sign I'm making this more complicated than  it needs to be so all right do we have any more questions will any questions Marty any  questions Mr Smith no question sir Vice chairman any more questions all right uh I guess we've reached the  point where uh we need uh to decide how to proceed   with this matter do I hear a motion I make a  motion to approve um to approve according to   staff's findings do I hear a second second  we have a second uh we have a motion and   a second to approve the staff's findings  all those in favor please raise your right hand unanimously the motion passes thank you   all very much for your time  and thank you staff yes sir y our next case is cu 20248 11236 CRA drive to allow an  accessory structure in the front yard of   a waterfront lot Lindsay Owens agent for  Sharon Cook owner we do have a couple of   good morning to everyone uh all right sir  uh could you please uh face our Clerk of   the board raise your right hand and be sworn  in do you Solly swear and affirm that the test   testimony you're about to give will be the  truth the whole truth and nothing but the   truth so be God I did thank you please state  your name and address please James Lindsay Owens oh 4601 Clara Street Pinola Florida 32526  and uh Mr Owens have you read the staff's findings   of fact I have and are you in agreement with  those findings every one of them all right sir   let me ask some questions of the board and then we  will turn to you and uh if you'd like to make an   opening statement okay uh staff uh I'm sorry  board members uh we now turn to the question   have there been any exp party Communications on  this matter seeing none knowledge or information   obtained from a site visit or other sources seeing  none is there any board member that intends to   refrain from voting due to a voting conflict of  interest seeing none all right sir if you would   like to make an opening statement we'd be happy  to hear from you well the purpose of this is to   put a storage building basically in her front  yard because there is no backyard because she's   on the water and it's it's it's just there's no  place to put it and uh there's we should have   some drawings I guess of what where we intend to  put it and everything it seems to meet all the criteria um staff could we have your findings okay hi my name is Christina Smith urban  planner and this is for conditional use case 20 24-8 this is they requesting to to locate  a detached accessory structure in the front   yard on a waterfront lot and so up here is the  locational map of the property this would be   the zoning radius of 500 ft this would be the  future L use map and here shows the airport overlays this is the aerial map of the  property this is a where the sign was   posted on the property and this is looking  West along Seaside sea Glade Drive this   is looking East along sea Glade Drive  this is looking on the subject property this is looking onto the subject  property and then this is looking   across the street from the property  that concludes the photography for this case Okay so we're going to start going  over the findings for Criterion a general compatibility the partiel is a deep 346 ft plus  or minus property fronting Big Lagoon the proposed   calls for an accessory structure to be built  with a minimum 60t from the rideway and would   be compatible with similar properties in the  area regarding comp criteria B facilities and   services facilities and services for the  accessory building are existing criteria   C on-site circulation no new driveways  are proposed the application applicant   will use the existing driveway criteria  d new syens and Hazards the proposed   used should not generate unreasonable noise  glare dust smoke odor vibration interference   or any other nuisances or hazards for joining  properties and other properties in the immediate   area criteria e Solid Waste solid weights  disposal isn't proposed for this accessory building and criteria f with buffering screening  and buffering between like uses in this case is   a single family homes is not required by the LDC  criteria G sign and lightings no lighting lighting   and signages are proposed criteria H the parcel  is spacious sporadically adequate to allow for   the home an attached detached garage criteria  I use requirements a specified use requirement   for this case is that the garage needs to  be set back at Le 60 ft from the rideway   and the proposal meets this requirement and the  staff recommends approval for this conditional use board do you have any questions uh for Mr  Owens and then we will move to the staff for any questions you want hear any questions you you  stated there's no backyard right no sir well   there is but you can see there's no place  you can put anything yes sir it's just so   very there's a seat I mean basically a wall  there so and do the other neighbors do they   have um storages in the front of their yard some  of them I hav't I haven't looked at every one of   them but there are some yes that do have them  in there so okay and the one neighbor actually   owns the same property the one to the left  of the picture there she actually owns that   property too so all right thank you so surely  she won't go play any more questions for Mr Owens uh I have one Mr uh this structure will it  have uh uh running water electricity any kind of uh facility for bedding or or uh anything  like that it's strictly a storage structure   okay and uh so there won't be any habitation  in it at all no sir how big is the structure um let me look I think it's 16 by 30 I believe  I'm not mistaken uh let me find my notes Here I didn't bring the plans with  me no it's 16 by 40 excuse me there was one that yeah yes yes Mane that's  I have it here that's this one so and it is 60   ft from the front proper it is 60 feet from the  front property line to the edge of the accessory   structure it's actually more than that it's  actually more than that yes it's like 80 ft to   it okay and then how close is it to the house from  the structure that's 20 feet 20 ft yeah okay 15 to   20 I I don't I didn't get that measurement  I apologize it's going with the existing   there's an existing one there correct that will  be REM garage that's the garage to the house   that drives in it's just located but there used  to be one there in front of it right there was   smallie is this is this essentially going to  be a garage with like garage doors and stuff   or is it just a building it's going to be yes  there's going to be a garage door roll up type   not a roll up it's an O te door okay and and a  Personnel door to it's just for Self Storage okay and the facade of the building will it  mirror the house or is this a prefab   building it's a prefab building prefab  building it's a Hardy Board type siding   on it the house is Brick it's been there  for 40 plus years you tough to match that one are there any more more questions for the applicant any thank you Mr Owens  we appreciate your testimony uh we   do have uh several uh speakers also  in connection with this okay uh and   uh so we will hear from them now okay  thank you thank you sir uh our first uh   one is Ted buir boier and I'm sorry if I  said it wrong please forgive me and correct me my name is Ted Beamer 1123 11228 seaglade  Drive I live next door to the house that they   viewed across the street my mailbox is on  the same mailbox post as my sister who is   requesting this this is very difficult for me  yes sir could you please face our clerk pleas   your right in 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 help you God in the name of God I do thank you   you may go ahead all right sir could you give us  your testimony yes sir number one that prop that   building is already there it was put there before  approval it is not 60 feet from the county county   right away I've checked it it would have to be  moved back the subdivision has been there for   40 or 50 years I'm not sure I've owned there for  about 40 about 40 years since I bought there it's   an R1 old residential subdivision their school  buses that come through and so on the building   that's being put in is being put in I actually  wanted to be last because I wasn't going to speak   if I didn't need to because of my relationship the  building is not being put in for residential use   I can guarantee that you can check the records for  the County trash pickup there for the past five or   10 years that site has been used that residential  property has been used as a commercial dump site   for Decor Design Center the company that she owns  real estate I mean a Furniture Company on the key   garbages dump there because it's cheaper to have  the truck pick up there than to pick it up from   her dumpster on her property which she has on  the key she had a runin with uh chandelle I   believe it is with their homeowners association  because she had a rental house there that was   full of furniture and they finally put their foot  down and said get the furniture out of the house   she was using it for storage half of the Beamer  reality office which I am at the moment a parcel   of we just lost My Father Here in October the  back half of that is a storage building for her   furniture the building that's on that property  now on the seaglades property that that building   they put there is from the front of her office  on SE on prido key because she put in several   storage buildings and they now block the front  of the pretty building I know without a doubt   it's my word is all I can give and I have sworn  and I would put my hand on a Bible to it that   that property will not be used that building will  not be used as a 40ft long storage building for a   vacant house she hadn't own that much stuff to put  in it it will be used for commercial use all the   neighbors know the association knows they've seen  the the decor truck out there literally throwing   furniture with glass onto the side of the way if  anybody wants to make a sight inspection and go   out and look at the county rideway in front of  those Hedges they'll see broken glass and stuff   from where she's been throwing this garbage  this is why I know that it is not just a storage   building the one she had might have been 12T that  was there dilapidated for ages it was hauled out   a 40ft structure sitting in front of that talking  about putting a garage door on it that's not there   now that garage door on a building that's you  know 4 feet off the ground 3 feet off the ground   whatever it is is a loading dock that's what it  would be used for I'm AB absolutely against this   building going in because I bought there as a  family subdivision when I was in my 20s when I   was 25 I'm 67 next couple months from now and  I bought this as a family place and that's how   I expect it to stay school buses come by there I  really don't want to see Furniture trucks bringing   in stuff they already do uh to a great degree they  do and I don't want to see garbage dumped on the   side of the road anymore I thank you very much  for listening to what I have to say if anybody   has any questions for me I'd be glad to answer  thank you so much for your time and for the staff   as well I appreciate it thank you sir are there  any questions for where did you where did you   say you lived I live I live on I've got the same  mailbox post I was there before she was I live at   11228 if you look at the picture that shows the  house across the street oh okay I'm immediately   to the right of that my my mailbox is on the  same post as sharing cook who was once Sharon   Beamer okay I just wanted to to know another  word just real quick um several people were   coming that people just can't take off work to  come here my next door neighbor's a contractor   his brother's has property in the neighborhood a  contractor our association president has requested   he sent an email to one of the people speaking  hoping that it can be read that this man can   be his spokesman representative or whatever ter  term was used to let somebody else speak on his   behalf uh for the sake of the association's view  on this as well so I'd appreciate if his words   are allowed to be heard uh by by the speaker that  has that in hand thank you sir we appreciate your   testimony thank you very much you don't know how  difficult this is is for me it's my sister yes sir   I got a question of Staff real quick staff  yeah who's got you're you're fine sir okay   um has there been any code uh violations on this  property that we're aware of I'm not aware of   any I can check um some of the issues that were  brought up are fall under that realm as opposed   to right ours I just didn't know if any okay that  would be great U if I if I can make one last thing   if they want to check for code right now they  can go and check by the number of chickens she's   got in the front in the front yard in a cage in  the front yard it's in violation because you're   allowed six in the county so just because  there are no violations doesn't mean she's   not been violating we we just thought i' point  it out thank you we appreciate your testimony uh I would like to hear from I think we have  an engineer representative here also uh for   that was for the previous case oh it is  yes oh okay well I'm old so please work   with me all right our our next speaker  is Fred Krauss I hope I did that one right Mr Krauss thank you for coming could  you please face our Clerk of the board and   raise your right hand and swear or affirm yes  sir 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 so you God I do thank you please state your  name and address Fred Krauss 11425 seaglade drive   thank you sir what what do you I'm going to go  right into it thoughts on this what Ted said   is directly on Target and I'm going to back up  everything that he said uh the petitioner in   this case Miss Cook runs a Furniture business at  on the key she uses this property as her Dumping   Ground I walk by it every day for the past 16  years and for the past 10 years ECUA comes out   every week and picks up old couches old mattresses  all kind of odds and ends from the furniture store   I was fixing to call in a code enforcement  violation about a month ago when this structure   got put in because I knew it was wrong because no  one else in this neighborhood has anything like   this in their front yards not one house  there's like 60 houses in there not one   of them does has a big huge open sign on the  front of it 3x5 like it's a business okay um it's a super high wind area it's not tied down  it's like a mini mobile home if you went out   there and saw it it's too bad staff couldn't  have latest the latest pictures on it but it's   a mini mobile home in the front yard it's 12T  wide 40t long and it's about 35 to 40t from   the property line it's not 60 like they propos  they're going to do they've already done it so   um excuse me is is there an existing structure is  that what you're saying there's a there's a home   there she doesn't live there she lives next door  she moved out of this house a year or two ago so   she uses the house as a storage facility also the  home is vacant is that your testimony that is and   is there an existing structure uh already built  that's the subject of this proceeding yes sir yeah   put there yeah got put there six or seven weeks  ago uh Andrew is that could be four weeks I'm   just guessing is this an after Thea permit yes we  don't have a permit on that and I did check code   enforcement um the only thing that I'm finding is  Code Enforcement was contacted about an abandoned   boat in 2011 nothing recent okay so and the the  home itself is vacant is that yes sir it is I   I don't know I have pictures on my phone if you  would like me to walk in front of you and show you   the structure you'll be amazed Andrew this type of  structure it has to be permitted that is correct   um as an accessory structure okay um it can't  be it's it's not allowed as a accessory dwell   in it's simply a structure but it still has to  have some type of permit it would yes and it goes   through the require building building department  building permit correct okay has anything been   submitted to the building department yet I'm not  aware of that uh Mr Krauss could you just stand   by a minute is Mr Owens still with us I got  Mr Owens can you come up just help us here a minute uh is there an existing structure  I was I have no knowledge that she moved   the structure from fromont of decor furniture  there I haven't been out there in six or eight   weeks she hired me she hired me to start this  proceeding so there was it it was the structor   in front of decor for sure I did not know that  she had moved it out there at this point step   up to the mic and if she did it's be where  supposed to be so I absolutely don't know so   do you know if the the home itself is occupied  the home is not occupied she does own it and   she is actually doing some work to remodel  inside and and get it prepared for say I was   fully prepared when youall approve this to get a  permit to move the building there but apparently   she has already moved it there uh do you know if  it's being used as as a warehouse that's sort of   the the house itself yes sir no sir it's not  that I'm aware of I've have been in the house   look for some things in there for her um but I  mean it is it's you know got a bunch of trash I   say trash furniture and stuff inside the house  but she's not it's not occupied but she does   live next door so you're not aware whether or not  there is a structure there that's the subject of   this proceed saying it's not there but I wasn't  aware of it I haven't been out there looking at   it in six or eight weeks so all right sir thank  thank you thank you for your help thank you sir   I'm sorry Mr Krauss if you want to would like to  continue y'all want to see some pictures you'll be amazed yeah they have to be admitted I can  email him I can text them how would we handle   that if he wanted to offer photographs it's  at the will of the board but it would require   a motion yes sir I this I was just um on a phone  I didn't know of course you I'm sure you're all   aware that you know there would be authentication  concerns evidentiary issues but it's it's at your   discretion so if you wish to receive that and take  it into consideration just bear in mind that there   are certainly authentication concerns all right  um board members I of course we've not seen any   photographs uh other than what's been presented  in the file is there an interest in the board by   the board to have Mr chairman I move that we take  a look at the photo ordinarily wouldn't but this   seems to be a real contingent item here uh we  would also for due process reasons need to be   certain if there's a way to show it on the screen  and allow the applicant the opportunity to review   it and and also ask questions uh I was going  to recommend thata yeah the applicant that's   standing right here has no knowledge whatsoever  well sir just hold just a second if my thought   was if uh Mr Krauss could email it to our board uh  Clerk and then she could uh put them up for us all   to see I presume is that correct yes uh they can  be emailed to me and I can save them to the case   File and they can be presented up to the board  but before we get into actually doing that we   have to establish uh the facts of the photographs  themselves uh Mr Krauss who took those photographs   I did when did you take them last week or I  presume their time stamped or well it's on my   iPhone I don't know oh okay uh I would imagine  they are but I don't even know if y'all need to   see these to vote on it but here they are anyway  uh just so you can see that this this man's not   telling the truth and this thing don't belong  here no other house in the neighborhood has   this well what we're interested in is getting  the as much information as we can can to make   a fair decision for all for the applicant and  also for other affected persons yes sir and if   you if if I've understood your representation  of what those photographs contain they show uh   items or depictions that are material or could  be material in our decision making yes sir if if   that's true I mean mean uh we would uh perhaps  be uh if I can email boards will uh we would   admit them into evidence yeah I can I can email it  right now um I also wanted short of that any fact   witness can certainly testify regarding matters  things that they that a person's observed um not   testifying um offering any opinions but strictly  test regarding things that they have seen that is   certainly competent substantial evidence to the  extent that you know you wish to consider that so   or to describe what he's viewed yes board members  what is the appetite of the board would you like   to uh have these photographs email to our clerk uh  for consideration to be admitted into evidence it   it it might help if you would describe what the  photographs are a picture of this structure two   pictures the structure that is the subject of  this proceeding yes sir I think that would be   relevant if that's true what is the uh what is  the feeling of the board Willie what is your I   agree um if if those that picture is a picture of  the structure that we um we are concerned about um   if it's the one that that's the 16 by 40 um if  that's it I feel like it's really important for   us to see it if if that's what it is yes sir  that's what it is well if I can speak for the   board then it's would you uh like for Mr Krauss to  email those to our clerk now can you make a motion   I'll make a motion all right do I hear a second a  second we have a motion in a second all in favor   please raise your right hand it's unanimous  ma'am uh Miss Rachel will help you do that thank you and while we waiting on that um uh Mr chairman  um I have a question um also um concerning HOA do   you guys have to get um buildings and stuff  approved by the H HOA um also and do the HOA   um allow uh commercial uh businesses um in the  subdivision uh it where ldr so no you can't put   a second structure on the property without  permission without permitting and if if you   if you're familiar with ldr yes yes you can't  do that okay thank you yeah I have a statement   from the president of the homeowners he wanted me  to read it I'm not sure if I can even do that but   if I can I'll be glad to do that I I would kind  of caution the board on that yes sir generally we   don't permit it's essentially a per a petition you  can't cross examination examine a petition yes sir   I just had to throw it out there he texted me on  the way here this morning because he couldn't make   it and I said I'll I'll ask so but we appreciate  the thought yes sir Rachel are you having any luck   yes I'm just downloading okay you said that your  HOA don't allow that um have they fin got any find   do they find people when they don't obey the rules  or no no we're just this subdivision has been here   since Gul Beach Highway got rerouted through that  area and it's just just a bunch of old houses old   timey folks okay it's it's like Mayberry like  Andy Griffith May here it's real late back okay so but I can tell you there's no other structures  like that Mr uh cruss yes sir Miss Rachel has your   photographs why don't you tell us what no opinions  but tell us what they depict uh the picture to   the right where it says open is a view through  my passenger window of the structure where the   bushes are is basically the property line and then  that structure with the big open sign is about   I'm going to say 40 ft I'm in the construction  business so I'm going to I'm saying it's about   40t maybe 30 5 and then the second picture to  the left is when I pulled into the driveway   and I was sitting on the edge of the right away  and that's a picture of all the junk on my Dash   shot through the window of the structure is the  gray building with a white door the structure in   that is the subject of this proceeding yes sir  it has a gray roof with a light green finish   and uh windows and doors looks like a mini  mobile home basically and the house that   we're seeing in the left picture that's the  house on the lot in the same lot or is that   the house next door that's the house to the west  and behind oh okay there's a chicken coop there to   the left that little Cy thing yes do uh to your  knowledge did it uh or did you see any sort of   electrical connection or anything like that uh  it was blocked where it was set down on blocks   but it wasn't tied down with any kind of tie down  structures it's it's ready for electrical it does   have you see in this picture to the left um it  has wiring inside of it for lights and outside   but that's as far as I went didn't go any further  that's why I was going to do code enforcement let   them plunder around and once I saw the sign go  up I just stopped calling code enforcement and   so it's your testimony that commercial activities  are being carried out from the the home is that right I haven't seen anything go in  and out of the home but I've seen   all the debris come from the furniture  store and put on on the RightWay to be   picked up by ECUA for the past 10 years  like hundreds of mattresses hundreds of   couches cardboard boxes um end tables you  you name it it's been on the RightWay and   picked up by EA for een years all right  so do we have any more questions for Mr kuss oh I did a good job the the applicant um  it's not a question for him but um it can we U   make just for the record is that the actual site  that we're looking at um I mean is that that's not   a fabricated picture that is the site yes sir that  is but I have no knowledge of that building there Mr Cross we appreciate your testimony and uh  thank you so much and we appreciate you U uh   presenting those photographs that I'm to add  to our knowledge yes sir thank you all right   and our last uh speaker is uh Terry AER  gr can I ask a question first yes oh I I didn't 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 so you  God yes thank you state your name and address   please Harry ARD at 1433 caco in seaglades  neighborhood yes ma'am and what do you know   of this well I walk this street and ride my bike  all the time so I see it and it's a nice little   neighborhood nice and clean and the one thing I  would hate to see that structure is there I saw   it when the tow truck was there um putting it back  and um I would hate to see president set to where   everybody loads up with these structures we have  enough of that on go Beach highway so is it your   testimony that you uh have seen the gray uh uh  building with the white door that we have just   seen photographs of yes at that site yes just  the other day okay yes ma'am is there anything   else you'd like to for us to know no how how  long do you think that building's been there um   it's been several weeks okay few weeks and did  you have you also seen the trash on the I have   you have there was a couch and other stuff out  there the other day okay all right thank you mam   okay no more any other questions for the thank  you mat okay I have a question of Drew if in   fact this is the case and that building  was plac there is it our responsibility to notify um code enforcement or or the building  department as to something that has is in violation it so code enforcement is complaint  driven they're the ones who will research and   determine if there is a violation um I don't have  any kind of permit history for the structure on   site or in its previous location which is quite  visible on street view um it would be up to this   board if if the board as a whole wanted to make  a code enforcement complaint or the neighbors   um that would be the Avenue someone would need  to um make that request of Code Enforcement to   investigate um it it appears there's a myriad of  issues here besides this one structure that uh has   been moved to the site well I don't see how we can  approve an application for an unpermitted building so the request that's before you is to allow  a an accessory structure in the front yard of   a waterfront lot that that's the request before  you um the other issues regarding the status of   the the building where it is where came from and  any of these other issues concerning accusations   of commercial activity that would be all  matters for code enforcement what strictly   in front of you is the land use issue of an  accessory structure in the front yard of a waterfront I feel like they don't need the land  use they already took it upon themselves to do   it anyhow right I meit can admit I think it's  fair fair to say if we could make a motion to   withdraw the application I mean the board yes  sir I uh I don't see how we can consider uh   granting this application uh to allow an accessory  structure that apparently is illegally placed I   mean that that sort of flies in the face of  reason you know uh it just that's just my   feelings board are are there other comments about  this one Mr chairman yes Marty I understand where   you're coming from and I agree with you I  think that the solution would be lack of a motion lack of a motion um would would be like a  tie they're here seeking an affirmative resolution   um and your your staff has recommended approval of  the conditional use and you would need to address   the criteria I think that I think we're dealing  with two different issues here we're dealing with   one issue yes there's some violations there and  I believe that those need to be taken care of and   regardless of what happen happens with those  violations um that's and if I mean if that's   something that we as a board can can say Hey you  know we think there's some code issues we'd like   you to check it out or however that goes down  that way I think that really is a separate and   a part of uh this this person wants to put a  shed in their front yard um whether or not it's   this shed or whether or not it was placed with  permitting or whether or not it was placed in   the right place or what have you is something for  the building department to deal with is something   for code enforcement to find is something for um  the other departments to to handle I think um I   think there's two different issues um and I think  unfortunately and that's why I asked the question   is we didn't know any of this hap was happening  until someone brought it to light a violation if   you will not only a violation of of a building  permit violation I guess but other violations   you know is it our responsibility to notify the  right Department that there is a violation um   and then go to the second part of would we allow  this building this accessory allow un accessory   structure on a parcel of land that is a waterfront  parel and Miss B if I if in app you correct what   everybody was saying but this the thing is  this if it is if the boa does Grant landus approval my staff will review it for for the  site to make sure it complies with the land   vment code regulations prior to it receiving  B permit if it does not meet my side of the   house with the granting with setbacks and  things we're supposed to be we won't Grant   L approval so therefore B cannot issue  them a permit and if B don't is per then   that that automatically going to trigger  a separate review because that bill just   can't stay there then the neighbors can call  code enforcement because and if they do come   in if they do come in and comply we will put  that this is for residential uses only known   commercial uses if they violate that then  if a complaint code enforce will getting   involved then so so so the protocols are in  place to for the neighborhood to add address   their concerns as far if there's a violation  but prior to it receiving a luse approval if   conditions approval we will put all those got  to be residential all those things and if they   violate that it's strictly on them and and you  are is it's like you it's St the B to see if they   want to Grant a accessory structure conditional  use in the front yard on the Water Front lot let's go back to the findings please um let's start at a let's see I'll tell you what can I pass the  gavel to the vice chairman I want to okay I'm going to uh move that we overturn  the staff's findings of fact beginning with   uh a there is now been conflicting evidence as to  whether or not uh it is a minimum of 60 ft from   the right away and it's certainly questionable  whether in my mind it's compatible with similar   properties in the area if if the uh testimony  that we've heard that there is a business being   conducted out of it uh and uh let's go  on down a little bit please ma'am to d uh I believe that uh there that from the  testimony we've heard from more than one   uh person is is that uh this is being used as a  dump so surely there is a nuisance and a hazard there and let's go to E I believe it is the  there's [Music] uh there's question   about whether or not uh that is correct  because apparently the uh solid waste   disposal is now taking place on that lot uh  uh and that has been the uh uh testimony and   uh that surely is uh would seem to create  a nuisance condition and let's go on down and now the question has arisen an ie  whether or not uh the requirements of   the applic uh zoning District it would  seem to me and use uh is in in fact uh correct I believe those are the things that the  staff obviously did not know because you can't   know what nobody tells you m chair I second motion  uh and therefore I believe that uh we should   overturn the findings of facts based upon the  evidence that has been presented uh both testimony   and actual physical evidence photographs and  such um does anybody have any discussion I have   a question I would like to ask Drew on something  because he he's expert on these things when it   come to timetable let's say since there are some  allegations allegedly about code enforcement   activities let's say that code enforcement go  out there and and the applicate basically clear   up everything and except only thing that they need  is go through a proper permitting process if this   board deny the conditional use approval can can  the applicant come back to this board again if   all of the allegations have been cleared if there  are if they are correct can they come back again   and request the sitting of an accessory structure  on a waterfront lot again or will this completely   disallow that or or is there a timetable 180  days um if it is a denial by the board there's   a 180 day prohibition on them reapplying or the  applicant can withdraw correct his application   application correct and come another day that  is correct and as and as you pointed out there   are two issues here right okay the conditional  use simply the structure uh and then there are   the matters for code enforcement and at the  boards will if you all want to be the ones   to initiate the complaint process I would need  you to direct me to do so can I direct you to   do so right now sir absolutely okay thank you  if you would please I will what is that now I'm   sorry I I had a senior moment that was that was  a request for um code enforcement to get involved   oh yes exactly Mr Owens I it will go in under  my name but because I'm Mr Owens can you come up do you understand what's what's going on yes  ma'am as far as the board goes U I absolutely   do and may I speak first yes okay yeah Sheron uh  cook GG as I call her had asked me to apply for   this for her back in March and said first of all  can I even do this and I came in here and talked   with Drew and the other people here and they said  yes it can be done and I made application I sent   her the paperwork to sign out to sign to fill out  because I didn't have all that information right   so as far as whatever's out there now I don't have  anything to do with it I didn't put it there I'm   not operating a business out of there I'm strictly  here to get this through there now at some point I   am a State Certified general contractor if she was  if if and I know we have to per that sort of stuff   or it would never have been there right M ens I'm  sorry do you have the GLE do you want I'm sorry   no no noow I don't want to I can't I'm old please  um a motion has been made okay um to deny this MH   and according to what Drew said you have 180 days  after 180 days you can come back and reapply for   this if it if the board votes to den if the board  votes um or you can withdraw because apparently   there there are some issues um that maybe need to  be cleared up um and then come back next month um   that to withdraw you you would like to let's just  withdraw it and until I can speak with M cook and   find out what's actually going on I think that'd  be the best thing to do okay and that and that   is totally up to you I but I think that's what we  should do I'm in agreement with that and and and   Miss Jennifer and I and I don't want to set a time  a definite time for to be back next month because   we never know what code enforcement time schedu  their schedule and right I was just saying that   if he withdrew he could come sooner than 180  days yes ma' if if it went wrong okay so and   I also apologized for the inconvenience this but  by the same token I think it's going to help the   whole neighborhood because there are obviously  some problems there okay um then the board we   don't have to make a motion or anything do we do  I need to sign something withdrawing or I think   was made to deny oh yeah so we got to we we do  uh you have to I I'll I withdrew my I withdraw   my motion okay okay next case yes okay next  case and I'm I'm passing the gabble back okay   I so can so so at this point if you do decide to  reapply you'll just get back with us and we would   restart all the neighbors would be re notified  new signs and all that yes eye open for understand make all time all right thank you  Mr Owens all right our last case is   cu 2024 d09 4825 Mobile Highway to allow a  restaurant not among the permitted uses Fred   gouard agent for Gul state storage  of Mobile Highway LLC is the owner and is Mr oh there you are sir are you sir welcome  thank you uh could you please face the clerk and   raise your right hand do you solemnly swear and  affirm that the testimony are about to give will   be the truth the whole truth and nothing but the  truth so be God I do thank you please state your   name and address Fred Shard 4825 Mobile Highway  uh uh first I need to ask the board uh have   there been expart Communications concerning this  matter seeing none uh has there uh been any site   visits or other information concerning this matter  seeing none and is there any member that will uh   uh uh not be voting due to a conflict of  interest seeing none all right sir have   you read the staff's findings of fact I  have are you in agreement with them yes   sir all right would you like to make uh  some initial comments or would you like   for the staff to uh make their presentation  the staff can proceed all right thank you sir good morning board um my my name is  Caleb mccardy I'm a aicp certified planner   for scambia County our first um presentation  here is a location map you can sit down sir   sir if you like you can sit down um this is  our 500t zoning radius map it's commercial zoned this is our future land use map the  future land use is also Comm commercial um we provided a easement map for clarification  on any questions along with aerial and the general   a aerial of the location this is our public  hearing sign it was posted on Mobile Highway   this is looking North along Mobile Highway  looking onto the property from Mobile Highway   looking South believe it's a  Tom Thumb are now Cumberland Farms it just bombed all right this is  looking east across Mobile Highway also looking East give  another perspective um this site   has two frontages so we placed another sign  along ton Wanda Drive provided some photos   there looking West Long tananda looking onto  the site from tananda and looking East along Tanda and South directly across tananda it  completes our photos I will provide um some   information related to staff's findings um in  total we found that it did meet all criteria   but I'll provide a brief summary related to  those criteria so the applicant is Seeking   a conditional use approval to allow for  restaurants not among the permanent uses   of the commercial zoning District concerning  Criterion a general compatibility we found   that the proposed conditional use as a food  truck Court could be conducted and operated   in a manner that is compatible with adjacent  properties the s's along Mobile Highway which   is a principal arterial roadway and Tona a minor  collector Road commercial uses are found along   Mobile Highway and ab but the subject property  that are compatible with the proposed use there   are residential uses in the subdivision to  the west and south of the subject property   Criterion B facilities and services we found that  they facilities and services will be available   through connection to ECUA a permanent restroom  facility is referenced on the site plan proposed   and of public facilities and services for the  proposed use and the cap capacity of requirements   will be reviewed during the site plan review  process as well Criterion C on-site circulation   based on the submitted site plan Ingress and  egress will be provided with a connection to   Tunnel W and no new connection was shown to Mobile  Highway according to aami county maps there is an   existing access evenement on the property that  accesses Mobile Highway from the property hence   why we provided that mount um we're suggesting  therefore that the U utilization of this easement   would be recommended to decrease the potential  impact on the residential subdivision along Tona   furthermore any proposed impact to the existing  access easement or placement of structures parking   within the ement will need to be verified with  the ement owner and with guidance from County   transportation and traffic Personnel preliminarily  vehicle and pedestrian safety on-site circulation   traffic flow and emergency vehicle access  appear to be adequate for the proposed use   we do note that evaluation is needed by County  transportation Personnel to ensure maneuvering   of drugs is satisfactory as well as on-site  circulation and that will be done at the site plan   review process Criterion D nuisance and Hazards  outdoor seating areas are shown on the proposed   site plan provisions of the Land Development  code do does not allow for making of any noise   or sound that exceeds the limits in LDC or County  norise ordinance in addition air pollutant glare   vibration other nuis hazards are addressed by the  LDC and must be met Criterion e Waste Pro proposed   location of the dumpster enclosure appears to  be visible from the public RightWay um and we   note that it will likely be need to be moved to  more suitable location um Solid Waste Services   must be provided as needed for the proposed use  and we'll do that again at the site plan review   process Criterion F the subject property does not  abut residential uses and there's no therefore no   screening buffer requirement by the LDC at this  time cerian G signs and lighting the project will   utilize low voltage lighting according to the  application and signage along Mobile Highway in   ton Wanda is proposed exterior lighting should be  deflected from a joining properties in the public   streets signs and lighting will be evaluated  again at site plan review criterian H site   characteristics we found that the location  appears to be adequate for the proposed use   Criterion I use requirements um there's  some specifics related to mobile vending   units that are outlined there won't go into  the details unless questions are asked there   but essentially uh mobile vending units require  temporary permits U from mambia County at the time   that once brought onto the site but we wanted  to reference those use particular use code for   you there so in summary uh we did find that the  proposed use um we do recommend approval with the   following conditions uh must complete the DRC  process and the receipt of a development order   from the county and the permits obtained for  the individual mobile vending units will need   to be um obtained from the county that concludes  our maps and presentations and findings for this do we have any questions for the staff can you explain this this access easement  where did it come from who who gave it what I I   just I just it totally blew my mind and I  couldn't sure figure it out yeah the the   um the applicant may be able to speak to that  um from a staff perspective there's easements   on a lot of property um and you know whe  whether it be vacated or whether it be   utilized on the site um again that will be in  conversations with traffic Personnel that'd be   vetted at DRC um you know concerning any type  of impact and sir you may be able to speak to   that easement if there's anything associated  with it far as I know that the property was   all together um it was sold that parcel was  sold to backck furniture and backck built   on it and Mr liberus bought the easement  with the property back 10 12 years ago so   the owner of the subject property owns an access  easement that is shaded in yellow um on on here yes so he owns WRA my head around here he owns an   access easement that traverses  whatever property is next door what's the function of it right I I'm I'm not  quite sure um just from our review and a little   bit of History here um we have seen site plans for  the backcock from years ago there some proposals   this property had been split up a couple times  so there's a survey that was provided at the site   plan the easements are shown there's descriptions  of the easement again really at site plan review   is you know if the current owner owns it I don't  know if they maybe vacated or you know provide   what it actually allows U so that that would be  addressed at that point um but we really don't   have any comment other than you know we wouldn't  allow anything in it right now um until that's vetted what what is that building the big the big  white building that's a Badcock Furniture oh okay   it's a furniture store and then on the other  side it's a gas station I believe yeah they're   Cumberland Farms and the only access to this um  what we calling it um a restaurant facility um is   off of ton Wanda drive so again the applicant  may be able to speak to that um the site plan   submitted to staff shows access off a ton of Wanda  um from our understanding and conversations with   County Transportation uh Mobile Highway is a state  highway um it is likely and then of the opinion of   County staff like that the applicant would likely  not get approved for a driveway an additional   driveway onto Mobile Highway um if that would so  occur and you may be able to comment about that   sir um then the county couldn't deny access um  and therefore the access would likely be where   it is shown on the S plan okay and in in here it  talks about um not being next to residential but   isn't it across the street and adjacent sent to a  residential technically the abing properties are   all commercial and commercially used if you look  closely enough we we couldn't say that because due   to um directly to the West there is some type  of private rideway um if you pull up an aerial Rachel so technically it's not  a budding um the areial with the   Parcels um that is not a parcel there that just  goes back to the folks in the funny looking one   there to the Northwest uh it's just some type of  private rway like a dirt road I think you can see   it who owns that I I don't think it's owned it's  just it's just not Zone it's not it's just right   away like a private type of RightWay Dre it's it's  right away that was um actually I think it was in   Alleyway in the was vacated very no no it's  it's still there um the Subdivision plat was   from the early part of the 1900s and uh it it  didn't have as much information as we would   have today but that's where when we tried  tracking this down um I found it on that   plat but across the street is residential  homes yes all that on the south out of ton   Wanda is residential and to the the southeast  that parcel there was the one that came last   uh last month uh drive-thru restaurant request  on there oh the drive-thru and something else   correct was it the one there was like a dentist  or something yeah yeah that was chickf yeah um uh and from our research um the property  just north of Badcock came through in   2016 for variance because it abuts MDR and as a  drive-thru um I think it's a Duncan Donuts um so   when that happens it requires approval from this  board it was approve as a variance just a note   there uh another comment related to the access  um regardless if this was restaurant outdoor   type of use um if this was a straight permanent  use in the commercial zoning District that being   allowed by Wright um we would still be looking  at potential access off a ton Wanda any type of   commercial if if they couldn't get a driveway on  Mobile Highway again that's unlikely um and um   obviously it was advertised and  we didn't have any phone calls on on it I think we may have one person speaking okay we did I did receive a  phone call from the property owner to   the north um in full disclosure that  had questions concerns related to The   Proposal um and they were explained that  they can come and speak for against or whatnot Mr chairman I think that's all the  questions I had that's all the questions   uh is there anyone else on the board that has  questions I know it's been a long morning but   uh what would the hours be I me what would  be you know by that being a you know a pig   I think I saw a picnic area in there and  sitting area what would be the hours um in   that um area um I was thinking maybe Friday  Saturday night 8 nine o'clock at the latest okay any more questions well and we have no speakers on this  I think we're at the point now where we can uh   take this matter and decide I have a motion second we have a  second all those in favor of accepting   staff's findings of fact as presented  please raise your right hand and it   passes unanimously thank you sir excellent  thank you guys for your time yeah well Drew what what's on the program  for next week or next week next month yes what do we got so the next meeting is  going to be May 15th I have three cases so far   one is just like a recreational uh outdoor area  for a subdivision um another is for an educational   facility and then the last one is a salvage yard  is a what salvage yard oh a salvage yard okay I   think Drew signed up for that one yeah okay uh  Madam attorney do you have anything you'd like   no sir no sir okay well uh we appreciate uh the  board's hard work and I know that we've had some   difficult cases this morning and I just want want  to tell you how much I appreciate everyone's help   I know we don't uh haven't always agreed this  morning on the outcomes but we've had some very   good in my opinion questions and concerns and so  uh I just wanted everyone to know that uh we may   not agree but I'm I really think we function  well as a board okay I guess we are a juring then that's right who wants it who wants to be chairman yeah that's right Jennifer  going to be our chairman [Music] [Music] [Music]