good evening you're attending a regular meeting of the board of adjustments of Jacksonville Beach the board of adjustments meetings are Quasi judicial in nature all decisions of the board will be based on competent and substantial evidence including testimony provided this meeting any person who is not an applicant or agent that wishes to speak speaker card located by the side table by the door and turn them into the each member of the public will be given three minutes to speak on each item please refrain from speaking from the audience and Applause or cheering will not be allowed please Silence Yourself we have John Mor here Owen Curley here Jeff TR here Todd Smith here Jennifer Williams Matt me here Laura Tierney here okay uh next on our agenda is approval of minutes um can we have a motion to approve the minutes for June 4th 2024 motion approve minut June 4th 2024 second okay so move in second all in favor opposed okay approved do we have any correspond correspond there's correspondence see that we have no we go into our new business call First first casea 24-120 applicant Christopher Mar property address 813 North 7th Avenue motion consider sections 34337 E1 C2 for a combined side setback of 138 ft L 15t 34337 E1 e for 44.4% lock coverage and blue of 35% maximum 34337 e13 for rear setback of 18 ft L of 30 ft M for a two story addition to in the rear of the property of single family dwelling property address 813 North 7 Avenue okay a reminder each member of the public we'll give them three minutes to speak when we open the public hearing does any board member have any exp communication I've had none I've had none I've none and I've had okay go forward to be sworn in and give their please raise your right hand do you swear or affirm that testimony you're about to give in this matter is the truth of whole truth and nothing but the truth to help you God you please state your name and address maryell 8137 North Christopher Dell 813 7th Avenue North Roger Russell 3455 th Road Jacksonville Florida so hello again um we are here and presenting for the yes the um lot coverage overage and the um side yard and rear yard setback um exceptions because of our undersized lot um so that is our hardship and we are um hoping to our home larger and add the rear yard setback um was the thing that was disputed in our last meeting it wasn't included on our advertisement so this is the correct advertisement um that correctly addresses that um and it's just for an enclosed or I'm sorry open open an open L ey off of the back of the um enclosed structure um and I think that's all we have so just read my notes without the L if you L you would not have a setback issue correct corre and the is only approximately 12 T yes 12 uh deep but I don't and I believe you mentioned this the last time you were here but the lot of substandard in size which is cor so like even our combin yard set back of 13.8 is preexisting so I think that's like one example of how the lot is already smaller than what standard lot size is to remain a single family home correct we have two children in a third on the way so to stay in in our we are and remind us of you spoken to your neighbors yes yes extensively okay any other and also just a note you actually I think we talked about last time instruction you're actually removing some of the side yard set back and pulling your coverage um it's currently so we're using the existing lot lines or the um we're not changing any of the width of the existing structure Sor before to the drive I was looking at oh there yes there's additional pavement that was there from the from the previous own so some of that will come question our current lot coverage I believe is 6700 25 oh oh our current oh our coverage of a lot um I think we're at working on the existing I think is approximately 29 I think it's more than the driveway the but it's below what the current threshold is I yes as far as the current coverage what skews that is fact owner had poured all the extra concrete that we're going to be removing in the project so to tell you what the current coverage is isn't really accurate other than I can tell you what the house coverage is which is accurate we prove that but the all that concrete like say all the concrete previous removing all of that and quite honestly I didn't take into consideration calculation for that because looks like page 14 of the agenda packet provided shows a calculation the top left of 37.8% coverage I don't know if that's reference to the existing or I I know that's not the current request justest okay anybody else have any questions okay I will go ahead and open please I'll go ahead and open the public hearing first one is from sorry and also sent a letter as well so I assume ref I Amel I am yeah please raise your right hand sorry do you swear or affirm the testimony about to give this matter is the truth the whole truth and nothing but the truth to help you God I do thank you good so I am adjacent to and behind this Varan um I've been a long time Jacksonville Beach resident since around 1986 there's been a lot of rebuilds remodels tear Downs variances I've never opposed A varant this one however I am opposing I feel like it's going to be an evasion of my privacy uh no one has spoken to me about how close that will be nor to the neighbors right next door to me she and I have spoken about that I believe you have a letter from them as well opposing those variance our main concern is the fact that the plot size is small and I am sorry that it's small however the facts are that it is and the requirements are in place for a reason you all made the variances for a reason and that's to be followed and I have no problem with anybody following the variances that are stated within however according to this there are certain parts that are almost 50% over and I don't feel like that that's quite right to do that I remodeled my home and I did it within the code and the uh code enforcement was at my home making sure that everything that I did was within code and I feel like that's what this should be as well um I feel like that they should possibly go back to their architect their contractor I don't know who's designed their uh plan have not seen the plan um my neighbor and I have not been spoken to by anybody um but I feel like they should at least look at a different type of redesign they can go over top of what's existing of that home now is itly Lar home already and they can go on top of it uh right next door to them they did an entire remodel of their home and made it suitable and so I feel like that that should be done and that the codes and the measures of the variance were put in place for a good reason and that's to adhere to the guidelines so our problem with that is the fact that the lot is so small and the house will be so large in the that they're requesting is so vast um thank you thank you we have speak from Rob Russell we have a letter from a Matthew Baker and Sarah Lincoln I'll read it uh this letter we received from the co regarding the proposed TW story addition to the property located 813th 7 Avenue necessary application VAR large block coverage proposed 35 to 44% increases significant variance over the existing code 35% limit was established protected green uncovered Area Property lots and as such should be adhere to rear yard setback poos 18 Feld L 30 is completely unacceptable to us as the property owner of 8108 this dwell obviously two story Edition build with his variance so post our property would greatly infringe our backyard privacy side our setback the proposed variance of 136 and L of 15 ft is negligible and acceptable to us therefore we strongly oppose object to two and three applications of the variance Outlet okay is there anyone in the audience who's not F out a speaker card that wishes to speak I'll invite the apps to come back up and address any comments either testimony certainly so um to address the comments that were shared there uh what I would say is one on the comment about our neighbors to the right of us and the addition that they did on their home they actually turned a bath into a one bedroom one bath what we are trying to do with the addition here is to create about 2500 square fet under lot coverage for our growing family um and with respect to the rear yard setback that is purely for the Lai which is one story which is not going to look over any fences or anything else into other people's backyards um I also say that this notice has gone out now three times due to uh different miscommunications um between uh us and the city planner and in that this is the first time that we've received a correspondence to my knowledge none was shared at the June 4th meeting or June 6th i' be mixing up those dates but um three times as the charm to get people to write back so what I would say is what we're trying to do is make our home livable for our growing family and um that we would just ask that we could have that granted otherwise we're going to have to look at relocating and I guess I would correct what I said earlier about the neighbors that we've spoken to extensively are the ones who are directly um next to and in front of us and in the U on the street across from us so no we have not addressed for personally so I just wanted to say that I think one last point to add in there there are other twostory homes that are around us in fact one of the correspondents came from another twostory home that can look down into our yard in the same way so I I understand how they feel I feel like that I felt like that since we bought the 2018 but there's not much that I can do about it as a homeowner other than to go up on a fence or something to the effect because they are undersized Lots in addition that I'm I'm the residential designer who designed the plans um addressing the construction end of it um as I hope some of you know I don't want to go into my resume I have a lot of build and Licensing experience too um we did the two-story addition because it was more cost effective than trying to do a complete over the existing home my structural engineer and I would literally turn around and not do something like that without telling them Poss we have to tear it that so that's why we did that we the twostory Edition is behind the 30 foot uh rear set pack it's only the L which is so they have some kind of outward space for them and their children but uh it it's it's a financial hardship to try and do the other I mean we're going to do some interior Renovations uh but turn around someone propose that I should put this all over the existing I can tell you my engineer and I tell you this we're going to want to bul do it down we don't want to do that we want to maintain that I've done hous uh Renovations going back to Mr Cooper when he was in charge of the building department and God Rest us soul John Hayes um I have always tried to make sure in Jack speach we do an addition that is that's close as we can uh try not to put my client in financial hardship uh because of someone's opinion so if I understand you correctly the the only thing that infringes upon 30t L yes sir and you got a EAS so in fact 12 foot 12 so in fact you've got 30 ft from even the residential portion yes that that's that was part of my part and helping them we had that 12 foot alley and the way I looked at it from previous zoning hearings and working you know all six counties in Northeast Florida with these zoning issues um we I use that as you know the alleyway which can be built that gives you that compensates for the 12 of the okay thank you I will now close the public hearing and bring the item back to the board for discussion is there a motion motion to approve b1020 based on testimony evidence provided to request standard for outl Section 3486 of the development second and second any discussion I recognize logn the hardship theot I think as a board we would if we bring this Mass conversation would have passed yeah as well I think a large portion of the variant requested with the the sidey offet uh I'm sorry the public hearing is closed oh no I just wanted to say public hearing closed we didn't get a letter public hearing is closed um so to that point I think it is reasonable to consider that the 18 foot to the rear yard setback plus the existing on the back does the 30 foot and it is consideration that the two in and of itself then would be 42 foot from the neighbors with the concern so I recognize that concern but considering theise law I think this is a reason to make theer Curr any discuss okay do we have a roll call V please John yes Jeff TR yes Todd Smith yes Mt yesen yes your request for variance has been approved next case Bo 24103 F carry property address 915 gr Street U motion to section 343 36 E1 for lock coverage 50% 35% maximum to remove rep Place original concrete driveway with permeable papers and place an existing paper sidewalk with permeable papers and an existing single family to address existing non performies at property dress 91 9 1915 grocery okay a reminder each member of the public given three minutes to speak when we open the public hearing does any board member have any ex communication I've had none I've had none none I've had none none and I had none would the applicant please come forward to be sworn in and give their presentation do you swear or that the testimony about to give in this matter is the truth of whole truth and nothing but the truth to help you out please state your name and address Willi 195 gr Street Jack Beach Okay so so what I'm trying to do is replace my concrete driveway and we also have a side driveway that's about 10x 30 that we're just going to remove um so we have a a walkway that's just around the edge of the house that we want to keep but we want to replace that with permeable papers along with the driveway with permeable papers um according to we're over our lot size as far as over our 35% but what I understand is with the reble papers instead of the 15 or 1600 square ft in the front yard we have it would then be around 680 based on 100% per that calculation is taken get to your proposed 50% is that correct correct per right correct So currently yeah we're we're well above that we're trying to bring it back down work was done in the that we weren't aware of and um to try and remove some of that we have in the backyard would be a burden at this time I guess you must conf permit here for this this drive correct pardon you must look for a permit for this driveway I I am applying for a permit well I I we appreciate you coming to the board before it's done correct trying to get proper procedure going thank you broken in your neighbors well the neighbors next door to me are renters don't really care the other neighbors around the neighborhood are kind of interesting to see what's going to happen one question question is the is the driver straight down taking a corner out shrinking in a little bit is that you do so the current driveway is curved curved okay the the proposed driveway is just going to come straight down so you come you're pulling it down reduce that driveway pull straight the line off the the house and are you removing reming the driveway at the top side of this photo so on the left hand side we're removing the left hand driveway that's going to be G we're having that removed um so the sidewalk that you see up there is going to be replaced with a permeable favor and so um and as if you can see on the lower hand side here there's like a Min S curve that's going to be just some perable papers going to the gate to the backyard that everything that we're doing in the front yard where work is being done is 100% papers me to say this back to you I believe you already this make sure my understanding is is clear you're going from 57% log coverage requesting to reduce down to 50 by removing the driveway on the left restructuring a curve driveway into a straight driveway and adding a small walkway from the driveway to a p walk and all of that is the totality of the request well one walk be and repl by to that ruction okay do we have any other questions have you done any work since purchasing the property yes can you point to us point out to us what more work you done uh we have pool put in and around pool we have per pavers put in and then at the time they ran the pavers down the side of the property into the drive into that driveway that remove that was telling you about and then the walkway around the back and at that time you didn't have to apply for any variant for that um we weren't aware of the variance that was needed at the sign we were talking with the contractor we just kind of expanded the work is the pool enclosure shown here totally covered um area is that allous space the pool is over the is like a shelter over the pool or it's just scen a screen and is there decking around the pool area how much of that are T inside the screen what's the size of the pool within that screen uh the pool well inclosed area under the screen is roughly 45 by or 20 the pool is 30 ft by 15 30 15 okay any other questions you are at 50% because you're getting dispensation for approximately lot coverage because of the nature Pap so really there's coverage of some kind of concrete like close to 60% of your property it's probably a little more than that this the minimum that you can do well this is all basically the only way I could um meet the requirement would you have to take up the all the other papers I have in the backyard or replace them all with permeable paper which would be about 11 $1,000 to rep place when was the pool put in around 2000 did you that time pardon did you own it at that time did I own it yes in 2000 we bought any further questions for the sir you can sit down we have any speaks this corespond is there anyone in the audience who's not filled out a speaker card that wishes to speak okay I will now close the public hearing and bring the item back to the board for discussion is there a motion make a motion to approve casea 24103 Bas testimony evidence provided request development second move second any discussion a little yeah I think it is an undersized lot so that's of some consideration but it does not get us to what as a typical 50% view I do commend going from the 57 down to the 50 and being thoughtful about the changes that are are being proposed here I think um there is some consideration to the overall Rock coverage but looking at the duration of the existing condition um and clearly that size of install of a pool must have been clear in pered at some point in time so if that was not addressed 24 years ago hard to to lean in at this time on that state so for me I think it's an existing use case that he's done a mer meritable job to find a 7% reduction to make use of the property as it sits to I agree it's difficult with this C pool toce that com there's no other discussion roll call please J TR yes Todd Smith yes John Mor yes Matt M yes Owen Carly yes your request for variance has been approved 2131 Jeff owner suan 3 33 3i park for zero Park landsc sh trees all requ Landscaping 3 and backu p tennis facility located at address 510 Shen Rue okay as a reminder each member of the public will be given three minutes to speak when we open the public hearing does any board member have any expart communication I've had none I've had none none I've had none none and I've had none would the applicant please come forward to be sworn in and give their presentation do you swear or affirm that the testimony you're about to give in this matter is the TR the truth and nothing but the truth so help you go I do please state your name and address Jeff Mair 425 oceanwood Drive NE Beach Florida go ahead sir I was born in Daytona Beach Florida I first came to Jacksonville in 1987 for a tennis tournament right down the street of Huga Park graduated from fccj played tennis there graduated from UNF and played tennis there tennis took me around the world one spot it took me was Spain where I saw battle tennis and that was 20 years ago all the excitement of pickle easy easy to start points very social um lot of gathering um fast forward 20 years and I see pickle like doing the same thing here in in Neptune Jack Beach everywhere and I'm hoping to be the first to bring paddle tennis to North Florida um if you come along with me on page two the facility would be simple super clean lines vibrant colors um very aesthetically pleasing every sing in of the property um pickle ball is your fastest growing sport in America padd tennis is your fastest growing sport in the world um it's the refined version uh you get to play it on astro turf instead of uh cement you get to use a tennis ball instead of a whiffle ball the paddle thicker sounds better there's no kitchen sink to you know put yourself in odd positions I feel like um it's a really great game to bring to Jacksonville it fits the active healthmed Lifestyle the beaches socializing F Fellowship familyfriendly it's a welcoming Vibe for everybody um I think it would have an incredible positive effect along with the bowling alley there recreationally and socially for shedar Avenue um I think it goes right along with Donna degan's um Sports travel um initiative trying to bring people to travel here we have National tournaments we'd have international tournaments that could see at the hotels and and walk to the facility um the first variance 34377 was the parking I just want you to know that we have 17 spots yoga is designated five spots so we have TW we would have 12 spots to use um I've attached some precedents from other counties but but we are at the beaches I live at the beach I feel like we have a lot of Walkers we're going to Target the local businesses the local part apartments the hotels and the airbnbs we have plenty of bikers skaters scooters eikers scooters elor skateboards will encourage people to do that when I go out to dinner with my family kids we bike you know because it is it is a little crowded um Uber we feel families couples and friends will encourage them to ride share if you turn the page to page five um for the last couple months I've going by I've been going by shed and even though she has a yoga program I feel like it's lightly used for parking facility with 17 spots um my key times would be 9 and 5 so page six shows a little bit more page seven shows a little bit more stop me if I'm going too fast or if you have any questions um the attachment to would be other counties so Jack Beach does not address courts or tennis courts or pickle courts this is an athletic facility and it goes by square footage valua County if you turn to page 10 they year mark two qut two parking spots per Court Melbourne Florida to two spots per Tennis Court Jackson County in the Panhandle two spots per court that was about it on uni code California hot spot for racket courts Huntington Park California two spots two parking spots for court same with Salt Lake City Utah I have a buddy out there racket Sports going crazy two spots per swim or tennis and then the lastly Lumis California another spot for pickle ball two spaces for each Court um on the next page page 21 I have a letter from Hank from uh the owner of the the property stating on average that the yoga uses four to five parking spots in the main lot moving on to the other variants 34- 344 um variants in regards to the setbacks um I feel our CTS are temporary structures it's the most beautiful fence you've ever seen it's plexiglass we can take a court down in two hours um I've attached the rendering on the next page you basically see through the court and if we go back to page two if you have want to reference back you're going to be seeing Green Turf blue Turf and then a really clean deck property we're coming from this W secondhand Road it was used as whites nursery and we named it the padle gardens to fit in the same theme we're going to have and pots it's going to be completely decorated with flowers plants and things like that on the next page I think we're going to be great for shed you know currently people not only up to the setback but outside their setbacks and and things you know that that aren't aesthetically beautiful as our club on page 25 if you'd want me to Ivy the front fence so you couldn't see through we can we were hoping to see through that front fence on shedar but we can cover it up for you and then the third issue the existing Landscaping 34425 we feel our parking lot is landscaped it's completely landscaped those 17 spots on our on our property um secondly the complete the entire property is fenced and we use Ivy walls to make it look aesthetically nice I mentioned we were going toay the theme of the gardens the paddle Gardens using shade struct structures Palms plants and things like that I acknowledge the the letter from the planning and development part uh Department which recommends approval of the variance of the two variances um if we provide the required off street parking of two spaces per tenis and we would be prepared to do that and hopes that you'd approve all variances thank you thank you for your time okay any questions um few start um location has zero parking in the variance and you referen the 17 these 17 I assume are associated to the yoga and event space is that correct to shedar in what was used for the nursery but then the nursery would be part of the same space why would I'm just trying to find's mentioning 17 I count 17 but we don't zero in the application help me understand what he's talking about 17 zero in the application so both businesses are on one question so the application for zero parking spaces zero new additional I no additional parking spes the required so um you can keep whatever he has now what is the requirement why our standards for parking for all businesses I believe it's going to be and you can verify six spots per 2,000 square feet each one court is 2,000 squ feet that put me at 60 parking spots but that's not for a tennis court or a pickle ball court that's for a Rec a fitness center absolutely because the application I'm reading has four zero parking spaces to move required parking I then I know she while he's looking up you reference your time usage is 9 to5 I saw rendering 25 is this is this night cour as well I asse our main use would be 9 to5 but we'd be open 7 to 10 per Jack Beach regulations I'm reading the staff analysis and the sentence that's standing out to me is the current LBC does not have a specific standard for parking course what standard would be applied to question to staff um yeah there's no language for for that so that's why we don't recommended the two um tennis courts spot if if we don't have language around tennis court then what is it classified as on the property it's classified as fitness center fitness center okay so what's the fitness center standard we saying probably would not be reasonable look that up real Qui sixs ,000 ft so one Court would carry six uh demand of six parking spots is is the last I I'm looking at I don't see it says not zero yeah that's that's on the application my initial application was to particip record so we would have to am the request and that of amendment I I don't think we need to Reish because the VAR is still around parking which is what request existing parking in 17 spes yes sir on site including anything offsite is undeveloped but we developed it on on my page two for you so that's what it would look like and there's nothing shown here for a designated area for bike parking or golf cart parking or anything easily added but no you say easily added and we know we're going to amend uh the request I'm curious would you suggest any any specific criteria around that to include in that amendment to include x places for bike parking or Golf Park parking or anything to that effect would you anticipate um back you said um because What's um there the um they can't count what's there because the young studio and the other bus account for all that um and also isn't paved so it wouldn't count anyway so that's why they ask that's why it's zero because the yoga studio so the 12 parking spaces that the yoga studio isn't using don't count toward this at all yeah yeah they don't count because um other business account for all that paring already and plus like nothing pay hold on hold on Christian py had said yoga needs five spots that was there that was his reading of the ordinance five out of 17 and they only need five so there are 12 available for this in the exis all right now I'm confused on the parking issue this uh drawing here this is your parking right yes I to it right and that's what asking so I'm letting you guys know that we have 17 on the property okay I see you're okay and that we you know per the planning's recommendation we can develop more parking for you for the shedar area okay I see could develop more paring places 17 there's 10 out on front of shedar Road and there's six more on Fifth Street and there's five more on first yes those spes are not used they're dirt right now and they're used um probably not their best you know fashion parking sideways parking at an angle things like that the automotive store is all over the you know the the one to the west of this property is all over those spots you know and that we clean them up and line them it would look better yeah par parking is pretty yeah we're willing to help develop devel the second question is I don't like need more than um two per quart I feel like 10 would would be sufficient but I understand the problems with the bowling alley and the the area if I could point to your paper I'll point to mine so the middle is 17 and these are extra dirt that we could develop in line for you to make them look better both on shedar on Fifth and on first First Avenue South that's where the extra Park is right now outside is dirt so it's just dirt and grass or you know kind of just undeveloped so we wouldn't claim them in ours it would be developed as Public public use for everyone um yeah to help stre yes and I think that's kind of what Christian Poole and their staff were going for with that is that I'm initially going for the two parking spots per court but I'm willing to negotiate you know like with the letter at the end you know for for the whole package yeah okay so you're talking about you want two parking spots per Court I would like the ordinance for a courts to be at two parking spots per court and we fall well under that okay but your your application is for zero additional these are all allocated to other buses which ones are the find those spot should be allocated yoga there should be 12 spots free no those are on private shed property so they would be for the and we have spoken with the owner of the yoga understand for the yoga studio yoga or whatever the sare footage has to the footage of this yoga environment under other use cases included in that uh zoning area would still be a five space requirement you at the stud seated today and the zone that it sits in and what businesses can be there that the maximum use of spes required by the square footage of any Z also to include the event space too that's currently there it's just um I was aware it is the same person asog but if they sold sold the building andbody when they have to rec comply as they uh applied for a new business like I am correct but if the building sits on the lock and they needed say 10 spaces then you would no longer haveu we have to the use case not the bus currently okay does anybody else have any questions for the I just want to make com I go there's nearly no parking in this area I live right down the street from this area and it it's frankly um area struggles with the traffic for various reasons I think that something like this is a you know potential benefit to the community to have nice safe space to to draw people in especially with some of the other recent developments in in the area but I do think that parking would be of particular concern and consideration to something to the effect of golf cart parking or bicycle uh parking or what could be done on the street would would go a long way um but from what we have to consider on this board is not you know what we believe the appropriate use case is but what the lot entails and what the requirements are of the lot and I think at this point it's very difficult to understand what is directly being requested relative to what are our code requirements are which is a complexity I struggle with but I would second kind of your comments that it is little to no this area most use case of businesses ask do you see the crowded cars in the yoga area or do you see them around mostly around so that's not our property and that's my point is we have our own spots for this business inside the property and I totally understand there's a mess of cars around the outside but that's on public um we have enough parking spots inside there for our for this club and it's super LLY used I can again help you with shed parking I can help you with fifth parking and I can help you with getting my streets right First Avenue North Park you be more specific in terms of how you can help us the how about the recommendation from the planning I'll I'll develop 10 more spots on your property off the property public parking think that's I'm sorry say that again read the recommendation not say was not referencing right away public parking so the off paring per tennis so we can even raise it to three spaces per tennis court off street so I would develop 15 spots for the sh area um okay if there's no other uh questions for the applicant you step [Music] back open the public hearing do we have any speak first Speaker card Zachary Brown address the bo please raise your right hand do you swear or affirm that testimony about giv this matter is the truth the whole truth and nothing but the truth to help you out I do please state your name and address Zack Brown 50 North flest Street s 2100 Jacksonville floor good evening board members um again my name is Zach Brown uh I work at the law firm of Bon Bingham and we are here on uh tonight on behalf of Five Points LLC they're the owner of 528 Beach Boulevard which is where the part of donuts is um and they uh they objected this request there are a number of reasons why I wrote the board a letter um several days back and I hope you've all had a chance to review that so I'm just going to touch on a few of the high notes here um the first being that the fact that paddle uh paddle tennis or pickle ball is not included in the Jacksonville Beach land elment code um you know we're kind of making up standards requirements on the Fly here we don't think that that's a very uh good way to Zone and plan and develop Jacksonville Beach um also this is in the commercial Services district and we don't think that uh like a paddle tennis courts for the public to use is compatible with that it's more geared towards Commercial Services um you know restaurants shops bars those kinds of things um you know we also found the application to be defective uh the Jacksonville Beach L development code requires you under 34286 to U meet six of the criteria for variances for this board to Grant um and the applicant the application and the applicant itself admitted that four of the six didn't apply to this uh request just because the the use doesn't necessarily fit on this parcel or Parcels in this case because it's multiple combined into one um isn't a isn't a good reason to Grant a variance request um we found the site plan uh didn't include some of the offc Court stuffs like the picnic tables and social areas that the depictions of the use um set forth that were also in the application um and then obviously you all have all harped on it tonight so far but the parking um we didn't feel like it properly addressed the commercial areas specifically what of those uses in the yoga studio or the existing um or the discontinued Nursery if those come alive that's going to uh also back up the parking as it currently this and we found that the the staff's um staff's use of the and the applicants use of other Land Development codes Valia County Jackson County Melbourne are not really applicable to a Beach Community like Jacksonville Beach we find that two tennis courts per court is not good enough if you've ever been to a pickleball um Court when either having leagues or whatever it may be the social aspect of it they ators there's wives and husbands mingling with other wives and husbands um you know the two the two parking spot per tennis sport is more it should be geared towards tennis court we feel like this is a little bit of a different use and a different style of um and it's not as compatible with that tennis court so that's all my time um that you me requested you deny this request you represent what space again8 528 Beach [Music] Boulevard that to me it's part of sorry par okay oh par sure next one is Patrice patri Patricia sorry I amri please please raise your right hand do you swear or affirm the testimony about to give this matter is the truth the whole truth and nothing but the truth to help you God yes please state your name and address I as I stated my name is Patricia Reigns my address is 507 First Avenue South hear about the parking I desperately need the parking in front of my house um I have um a little handicap that means that I need the parking right in front of my door and I don't need to have to fight others from around the corner and the next door business to get into my house so um I don't think you need a business there that's going to more parking problems in the area have a c from cther and your address is 507 first stre he was represented we have two other correspondents first one is from Elias hyenes to make sir my name is Elias hangings I'm representative for the property owner 506 Beach Boulevard Jimmy Johns I writing to OBC Post Court retail space at 510 shed the applicant does not call for near enough parking for the proposed use and will be unfair and reasonable burden on adjacent property ownership parking also have a email from Angel 510 shade with zero parking spes unreasonable burden on ABC fine wine spirits property six we are not support development as it does not meet the parking stands that is it okay uh would the applicant like to come Bo and address any of the uh comments made either in testimony in the emails and letters yes so first off as far as the use it is Zone the fitness center just like the bowling it's Zone and athletic uh you know Fitness use so I don't understand the objection to its use um secondly s parking we're here to help you with parking I can do 20 off Street public parking spots for you for that area think 10 onsh five on Fifth and five on First Avenue North so I'm here to help with that problem and again on my property I feel those 12 are sufficient for our for our program so we'd be chipping in for shev for for the area and there's no way we need 20 additional spots soate Park overflow problem anyway not your business I understand that and that's why help you develop add a couple just to watch and it does seem to draw a lot I will say that um you know we have five courts Don park has eight jaro has six plus two Tennis Courts Plus a playground um we're going to be a different type of Boutique Club um it cost something to to rent the court so it is more of a refine game something in the sense if you think about going to play tennis at a high school or if you think about going to py drining club or somewhere where there's clay qus so it is a unique spot um and again I think you know it's not going to have the look of a jaro park of that type of craziness it's going to be a private membership club where you rent the courts um and again I think the if we could develop the 20 spots we would be at 30 the initial you know six per Court um it would just be a combination of private and public so we would even fall under the current fitness center requirements of six courts per 2,000 ft we' be at about 12 1232 okay thank you I appreciate it okay I will now close the public hearing and bring theem back to the board for discussion is there a motion make a motion for discussion um make a motion deny application boa 24131 based on testimony evidence the request fails to meet standards it's been moved in second is there a discussion we want to discuss the standard that would be good for me I'm very so not comfortable parking so I'd say the first criteria special conditions and circumstances exist which are peculiar to the parcel of land building or structure which are not applicable to other Parcels of land structures or buildings in the same zoning District I don't think anything was presented here that outlines what's unique to this parcel of land I think the business use case was it's not outed in the cod as the I theel special circumstances and conditions do not result from the actions of the applicant again I think the circumstance provided was the elected use case relative to the existing code Gran the does not confer upon the special privilege denied by the comprehensive plan this code other parel of land buildings structures in the same zoning District I testimony that this would be potential designation of use case and code by board versus what we would expect to come from city council approve L development code so theuse case not explicitly stated this will be granting some privilege of on fly creation of that code literal interpretation and enforcement of the terms of Provisions would deprive the applicant of Rights commonly enjoyed by other partials of land in the same zoning district and would work unne and undo hardship I don't see any issue with the way that the use case and surrounding properties have received unique circumstances around parking dictation this is going against by denying this request Varian is the minimum variant that will make possible reasonable use of the parcel land Building structure it has had a historical use case as other business types and entities without exception to parking so this exception seems like it would be unique VAR reasonable to make use of the land grant of a variance will be generally consistent with the purposes goals objectives and policies of comprehensive plan this code will be not adversely affected Jon I think we're probably okay on there's reason to believe five out of six do not require VAR to make reason use of the property I I I disagree I think that there are special conditions and circumstances that exist peculiar to this part it is a water lot that was platted a long time ago and has just been neglected there are no special circumstances that arise from the actions of the applicant in that and especially in the parking issue because parking over there anyway I don't think that granting the variance would upon the applicant any special privileges denied by comprehensive Z to the extent that this is a phit facility it's not a weightlifting facility or weight training apparatus and those are excluded so I I disagree with the the attorney submitted the letter that said that it's not it's not covered I would say that the literal interpretation enforcement of terms provision of the code would deprive the applicant of the right commonly eny to use this parel of land in the manner that he selected I think that granting the variances the minimum variance possible with this land and parking on this board before although we don't have a preced what we have used off street parking in these situations where parking is very very tight and quite frankly the street on street parking and street parking is just a um I do think that gr of variant would be consistent with purpos objectives and policies comprehensive and even from the owners of parlor donuts joh and thec store they are cross shter and the the member of the public that spoke is on she's at 507 which is on the other side I don't think we're going to have any issue there but I don't think adversely yeah I would speak to the the parking on street parking I I think from a board perspective looking at the law itself the street parking will definitely benefit the community in the area at large that would be a great thing to have I think that the applicant has done a commendable job of presenting the use caseit brity I said think there's aot as I I look at the lot and what the lot is capable of and the code as it sits today those street spots uh could be developed by the city theoretically anyway to bring that value to the community and I think it would be wonderful to have a private entity bring that to us and not put the burden on the city and the taxpayers but from a code enforcement perspective I I don't want to lean on that or hinge on that as as what drives my decision here the the concern I'm hearing from the community of surrounding businesses and residents is that should there be overflow from this lot you know not necessarily this use case or business but from this lot it could burden them in enforcing what they need for their parking whether it's access to their residents or the parking they need to effectively run their business and so to the extent that the code allots a c number for the use case here um it's a difficult consideration to we even considering the add of street parking I think that is outstanding Outreach to support community in a way make use of this okay any further discussion um we also we also have the UN botion of deferring it to August know get more information and add more things to um to agenda to try to help out the applic bit more I think to get more information I would need to get a sense of what that would be pursuing to support referral because I think we've had a large number of people show up and write in and that's a you know that's a big ass the community to have to go through that multiple times so if there in the applicant response there's Reon to a specific um adjustment to be anticipated if we're just saying hey let's give them more time to think about it I think this is the time that we need to make that consideration okay any other discussion okay so we're g to uh the vote is that we're going to undertake is to deny this uh in the event that we uh deny motion does not pass then we're going have to turn around and vote just so everybody a denial is not so we'll have to voting for the denial first and then we'll we'll have to take the Second Step if thatal yes all right that in mind we have a roll call please Tod Smith no John Mor no Jeff yes Matt M yes no okay so the motion uh to deny the variance is failed is there motion to approve I just clarify leg [Music] absolutely and by all means if that's the motion you all want to make you can but under your code uh the two other permissible motions would be uh a motion to Grant which would be approve or Grant with conditions conditions would be something you feel the evidence you know the variance level is not being being met unless those conditions are agreed to so those are two options that are still open just not you're not ministerial at this point that you have to approve it you can approve it uh you can approve it uh with conditions there should be if if for some reason the board wants to go that second route there should be a discussion on the on the potential conditions I am not advocating any of these options I just want to lay on the table the options that are available to you thank you thank you okay a motion make a motion to approve boa 24-10 31 based testimony EV provided request is met standard is outlined in section 34286 of L development it's been moved is there a second second okay it's moved and second discussion when when I look at the staff recommendations about that line based the staff's plan riew a reduction of one Court would be likely provide the needed space Pace spaces for a 10ce for1 that's I keep at was number five at theum VAR I trying to see if get additional spots I think any business is required develop space to enhance the public parking cures [Music] well we can make the modification with a number of spots we feel addin parel con I walked in there one time 10 cars only inside the I said where is everybody the staff recommendations uh to require the off street parking presented so while we can't credit it to the property based on the staff's recommendation I we can maybe ask our legal councel here if we can require that they at least create it so what do you think can you this sounds like it's more of a planning level question but I'll I'd be happy can you rephrase the question so uh Matt's uh discussion was that based on the staff recommendation it's the staff's recommendation that the site must provide off Street paring twoes for tennis onite we have to to acquire perimeter and internal Landscaping standards so the question is could we require them to develop off parking as a condition of theal I I think it comes down I think it comes down to whether uh you feel the paring is necessary if if you will to um establish perhaps the minimum variance necessary so it's uh you know without that parking does does the board feel that the the criteria for a variance is not met um I don't know if I'm say saying it as eloquently out loud as I'm trying to think of in my mind but you know if you think that without that condition you can't approve the variance you know taking into account that ultimately it's a group vote but individually that could be the reason for uh making a motion to amend if you think that with such a change you could support the variants but without you couldn't then perhaps that's a reasonable reason to U move to amend so I guess really the question is can we do that even if it's off Street part and that part of it is I don't have the planning expertise uh and familiar they familiarity with our Land Development code I cannot advise you guys definitively on that is that able to speak to that at this time whether we can require as as a part of our approval that they develop off street parking that is not part yeah that's what we recommended so guys I would recommend that it be the gist would be without such condition you don't feel this VAR can be approved it shouldn't be a discretionary it should be um something like that should be a determining Factor as to whether or not you feel the the Varan criteria is met if I'm if I'm being clear enough like to make a motion well there's a there's a motion on the floor so right now it would be either well you can entertain a motion to amend uh the motion so just sorry I cut you off before you finished your thought before we amend we do not know what this parking isable for size and space assing shes those are good points I'll also say that if we were to deny the request I don't think that prudes the applicant from submitting a different request with a more defined use case in the future us constructing one through an amending motion if we're on those details or they can come with another request they can come another which 25% Z request any request at all okay you that we approve with the condition there are 10 public parking places that will be developed and maintain okay so there is a motion to amend um the original motion now so is there second okay that motion has been seconded um discussion on the to am I think it does cover some of Staff recommendations of requiring par still notr parkings right there's no there's no devel okay any further discussion on the motion to amend okay so before we do the the motion to amend is uh the vote will be uh to amend it for the and Main develop M okay can I just jump in one more time because I haven't worked with this board much so I'm probably telling you something you already know but this vote is whether or not you wish for the main motion to be amended that's correct everyone's aware that okay just make sure yeah so we're amending the main motion for that any question yes that we're amending Yes means we're going to vote to amend we're not approving it we're just voting to amend everybody good with that here we go all this John M yes Jeff TR no Todd Smith yes Matt M yes Curley yes okay the motion has been amended uh any discussion now on the am motion the amended motion is to approve the request with the condition responsible that's right okay any discussion on that now that the motion has been amended any discussion on that okay so a yes vote is to approve the variance as amended okay let's go John Mor yes Jeff trar no Todd Smith yes Matt met no Owen Curley yes okay your uh your request for a variance has been approved with the amendment and conditions okay uh that was the last case so plan report so there was there was the landscaping and the setback um fces to are those included yes thank you very much thank you very much all right our next meeting is on July 16th and there's two items on there um in August we'll also be having um a workshop for LBC all board members um are welcome well should be there and um that's at 6m on Aug 2 um I sent you um invites um so I'll see you and we're also welcome to attend yeah it's in the first too yeah the 28th one the public there's one for the public on the 14th and then at our meeting the second of for the second board meeting of August that call Thursday is for all boards week at city council okay next on the agenda is courtesy of the Flor to visitors anyone okay that's it motion is there a motion to second second favor