##VIDEO ID:ms2sDTwOWMQ## e e e e e e e Okay it's 3 o' is everybody ready call the meeting to order this is this is a public hearing and we are the Zoning Board of adjustment for putham County Florida we operate under the authority of Articles 11 and 12 of The Land Development code AS amended the primary responsibility of the board is to hear and decide appeals challenging final determinations made by the planning and development services department under the Land Development code and to hear and act upon requests for variances special use permits non-conforming use determinations and preliminary development plans under the Land Development code today we have a variance a Varian is relaxation of the requirements of the zoning code in a particular case where because of unused circumstance circumstances a little enforcement of our zoning code would result in undue or unnecessary hardship the zoning code permits us to authorize variances only for height size of structure size of yards and Open Spaces if we Grant a variance we may impose reasonable conditions on the use of the property which must be satisfied if the variance is to remain valid the standards we use in deciding whether or not to Grant a variance are listed in section 45-8 33 of the Land Development code I'm skipping the special use permit section because there is only a variance case procedurally we will call each Case by name and number a member of the staff will then briefly explain to us the nature of each request we will then take any comments from the applicant or their representative followed by any public comments concerning the request please direct all comments and statements to the board and not to other people in the audience before speaking we will ask each person to be recognized come forward to the Le and identify his or herself by name and address after all persons wishing to speak have been heard we will entertain a motion from the board this motion will be voted on by the board members and become our final order any decision made by this board can be appealed to the Circuit Court however any appeal must be filed within 30 days after the board of adjustments has rendered the final order which is being appealed I'm going to ask the question since there's nobody in the audience but are there any questions okay before the first case is heard all of those wishing to speak need to be sworn in so since there's no one in the audience I guess the oath will not be administered okay the first oh before we hear the first case today variance 24- 00009 I need to ask if there is a or any expart communication or conflict of interest I have had expar communication with the uh applicant it will not affect my ability to make the decision today okay we'll do a roll call for the rest that was Mr um winlan okay any none no no no no okay staff thank you madam chair um for the record Michael Graves planning and development services this is variance 249 uh the applicant is Eric and Ali Schmidt uh the location is 109 Hicks Avenue in Crescent C on a parcel that is approximately 6 acres in size uh it is zoned residential one with a future land use of R residential the request is a variance from the Land Development code section 45501 for a 25 ft Waterfront reduction from 50 ft to 25 ft and a 10ft front reduction from the front setback from 25t to 15 ft in the r1a zoning District the subject parcel is currently vacant and is located in FEMA flood zone AE the subject parcel appears to contain no jurisdictional wetlands and fire Services provided by station 12 in Waka with EMS station 83 in Satsuma providing uh Medical Response uh according to the applicant's proposed site plan the subject watt size results in an area of 6 acres in size uh the relevant principal building setbacks for the property as they are now are 25 ft from the front 10 from the sides and 50 from the water font the allowed impervious service ratio for the subject parcel is 50% or approximately 1,300 uh 13,068 Square ft here you can see an aerial view of the property here is the wetlands the flood zone future land use and finally the zoning uh special conditions and circumstances exist which are peculiar to the land the subject parcel was first created on uh or book 0509 page 1832 at the time of the creation was the parcel was of a smaller size than it is today it was combined with another portion of land in the front that borders Hicks Road uh the eement is not only that portion of land that it was combined with was an easement which was only recorded in the Domingo aosta Grand Grant uh and has not been recorded since the issue arises in the fact that Hicks Avenue has been developed into the northern portion of the property either by accident or by active choice of the previous owner Mr Decker who owned the private easement that would have run along the side of Hicks Avenue uh the uh uh Hicks Avenue diver now diverges from the dedicated path that is owned by putam County at the intersection of County Road 309 and passes through the northern portion of this parcel uh the special conditions and circumstances described in this paragraph do not result from the failure of the applicant uh the applicant purchased this property in 2023 long after the two properties had been combined into one uh the uh property is now one and no longer a recorded easement uh and it is uh and was done so upon uh significantly after the initial recordation which is the only recordation of that easement ever existing uh the fault as such is not with the applicant granting the variance requested will not confer special privilege to the applicant uh several properties on this uh Street have already received or are in need of additional variances in order to do so in addition directly across the street is a vested subdivision which has a 25t waterfront setb by right it is uh incorrect to say that the granting of this variance would be special privilege when directly across the street the privilege is granted by right uh literal interpretation of the provisions of this ordinance would deprive the applicant of Rights commonly enjoyed by other property owners uh I refer you again to my previous comment of directly across the street the uh the variance is no not needed as the setback reduction is granted by right uh parcel 112 in particular is uh which is the this subject property has been uh mentioned several times uh in addition there are 123 and 131 Hicks Avenue down the road these have not been granted variances however are closer to the Waterfront due to the fact that at the time that they were constructed staff had considered canals to not be water bodies as such they were subject to a 20ft rear setback uh it was only recently that staff has determined that canals do indeed classify as water bodies in accordance with State regulation and as such a variance is now now to be required granting the variance will be in harmony with the general intent and purpose of this ordinance and such variance will not be in jur to the area uh many properties in putam County uh uh requir uh variances such as this by right uh this is true for all possible setback lines including the Waterfront setback line the uh reduction of setbacks is common and almost never uh injur to the surrounding area the variance granted is the minum minimum variance uh that will make this reasonable uh the requested variance is the minimum needed for the applicant to make reasonable use with their desired configuration as such staff finds that their crusted variance meets the criteria acquired for the issuance of the LDC uh in LDC section 45833 and recommends approval for the variance to reduce the uh 50ft Waterfront setback to 25 ft and the 25t front setback to 15 ft in the r1a zoning district for the development of a single family home any questions any questions for staff okay thank you at this time let's do a site visit roll call yes yes yes yes yes yes okay since there's no one in the audience today I guess this is going to be short and sweet so um there's no questions let's proceed and have a motion and discussion Madam chair I move we approve variance number V 24- z00 00009 as it meets the criteria for Vance as required by section 45- 833 of the puam County Land Development code there's no conditions what about final order with the addition of uh no condition with the uh authorize the chair to sign the final order second all right we have a motion and second to approve variance 24- 0000000000 n any further discussion if none all of those in favor please indicate by raising your right hand 1 2 3 4 56 motion carries 60 um I guess the next thing on the agenda today is old business is there any old business what about new business everybody had a chance then to read the minutes of June 19th 2024 move they be approved is readed we have a motion and second to approve the minutes of June 19th 2024 all those in favor say I I all opposed like sign motion carries 60 okay I think we have a motion to adjourn do have anything from staff oh I don't see anything y don't want to keep us here any longer I move I move rejourn say I think this is the fastest we've ever had a case up okay all right thanks guys e e