##VIDEO ID:4mJFOq_TPZE## [Music] [Music] n [Music] a [Music] there we go all right welcome everybody especially at this most wonderful time of the year the college football season is starting good nights um for those of you in the audience who have not attended one of these hearings recently let me review our normal procedure staff will introduce each item for consideration if you would like to speak please fill out the speaker form located on the table in the lobby and indicate which number and whether you're for or against the item and then when you fill it out please give it to the clerk seated to my left the applicant and the applicant supporters will be heard first those in opposition to the request if any will be heard next then the applicant will be given a chance for rebuttal comment should be restricted to pertinent information regarding the agenda item under discussion neighborhood disagreements have no place in this meeting if you are an individual you will have three minutes for your comments if you are speaking on behalf of a group a real group you will have six minutes for your comments speakers should move closer to the podium when their item is being presented by staff also speakers should identify themselves clearly for the record by stating their name and address each speaker should also be given courteous and respectful attention uh the board may ask questions of speakers or of staff and any any information you share will become part of the public record uh if you have things that are purely digital we can show them on the screen but we'll need you to send a copy of them to staff for the record when the presentations are finished I will ask the board for a motion once a motion has been made and seconded discussion will be closed to the floor following board discussion a vote will be taken and during the voting board members who do not cast objecting votes will be considered to have voted in favor of the motion and person grieved by any decision of this board has 15 days to appeal it uh to the County Commission and staff can help you with that process having said all of that let's start with number one please for the record Angie Gates uh seal County Planning and Development item number one is a request for a rear yard setback variance from 30 ft to 10 ft for a shed in the r1a single family dwelling district and the Brantley Hills subdivision located at 2930 Brantley Hills Court the proposed 280t storage shed will be used for personal use only and will encroach 20 ft into the required rear yard setback letters of support were received from the property owners at 1690 West Lake Brantley Road and 2960 Brantley Hills Court there have not been any prior variances for the subject property and this concludes my presentation thank you ma'am gentlemen any questions for staff yes I have a question um the plan for the lot shows the power comp eement running diagonally across the northwest corner of the lot uh is the homeowner required to keep a certain distance away from the boundary of this easement no they just cannot encroach into it okay thank you any other questions chair yes sir um this why the site plan it's even up there shows the 12 by 24t shed what about the other structure that's labeled as a coupe and something else um is that it's not part of this variance understand it's not part of the variance but is it part of the plan and we should be adding it to the variance I guess maybe that should my question but a a little clear no we have a separate chicken or chicken coup ordinance that they have to abide by and follow those rules so it follows underneath that ordinance for chicken coops not under the variance criteria okay so no act whatever action we take on this thing tonight doesn't grandfather that thing in just because it's on the plan and part of the package thank you uh follow-up question does the fact that that structure that Mr Wright just talked about is a chicken Coupe does that mean it's uh does not have to follow the setback regulations it follows the the or the chicken C ordinance setback regulations and requirements it does not follow the Land Development code chapter are 30 setbacks okay so the coupe as it stands as is is in compliance with our chicken Coupe ordinance very well thank you any other questions for SEF all right see none is the applicant here is there anything you'd like to add you don't have to anything you'd like to add to what staff has said no I think it's all all right gentlemen do you have any questions for the applicant all right well that was easy is there anyone here to speak in support of this application is there anyone here to speak in opposition seeing none I'll close the floor gentlemen your pleasure move to approve a motion to approve from Austin second by Tom I'm sorry by Larry uh uh we're like twins you want to get out of here quick don't it's like I'm talking to my kids gez and all right we have a motion and a second all those in favor opposed enjoy number two please This Confidential item y sorry item number two is a request for a sidey yard East setback variance from 15 ft to 10 ft for an accessory structure in the rc1 country homes District in the ruin estate subdivision the proposed steel storage building will be 1,120 square ft and will encroach 10 ft into the required sidey yard setback and will be used for the property owner's personal use the property owner applied for a building permit in 2023 permit number 231 16825 and at that time was determined that a variance would be required on February 26 2024 the board of adjustment approved the request for a sidey yard setback variance from 20 ft to 15 ft for the steel building the justification statement for the new variance request states that the building will be too close to the pole screen enclosure and a majority of the west side of the property consists of a low-lying wooded area wetlands and Home Septic in drainfield the building will be accessed from accessed excuse me from the homes existing driveway located on Robin Le Road and this concludes my presentation thank you ma'am gentlemen any questions for staff all right seeing none is the applicant here is there anything you'd like to add to what they had said sir gentlemen do you have any questions for the applicant all right this is easy is there is there anyone here to speak in support of this matter is there anyone here to speak in opposition seeing none gentlemen motion to approve motion to approve from must second second by Tom this time right okay wanted to make it easy for you thank you that is Tom we have a motion in a second all those in favor opposed enjoy your shed sir item number three is a request for rear yard setback variance from 25 ft to 13 F feet for a screen room in the PD plan development district and the deer run unit 5 subdivision located at 536 pin song Drive the screen room will be 624 Square ft and will encroach 12T to the required rear yard setback the Deer Run homeowners association approved the proposed screen room and letters of support were submitted by the property owners at 532 and 540 pinong Drive the rear of the property where the variance is being sought buts a green belt easement and there have not been any prior variances for the subject property and this concludes my presentation thank you ma'am gentlemen any questions for staff I have one and I'll open it up to to any of youall including the county attorney's office and this is more of a question for Me Maybe kind of a general question but why would the low and wet areas behind this house not be considered special conditions because it strikes me as out of the ordinary from any other standard uh uh residents in in in a subdivision are you asking that there be special setbacks when it AB buts a common area or a um a retention Pond I guess it's just I don't know what the definition of special conditions is and and perhaps you know this whether whether this particularly funky situation could be considered a special condition I mean that's up to the pleasure of the board the board determines what the speci special conditions or circumstances on the site is and and the staff can do that too but you're open to the opinion so for example um in the last case the special condition was a huge swath of the property was had an FPL easement on it and then there's drain field and septic in the back too which really limits where you can put certain things so in this case the wet low-lying areas in the back would would effectively if they were cutting off a portion of the property you know would encroach and that could be considered a special circumstance or like pie-shaped lots are a good example where properties have to be built to the rear yard and that makes sense and in my understanding you correctly to say then that the the term special conditions isn't defined in the Our Land Development it's not defined it's strictly variances are on a case-by casee basis so thus the variance criteria looks at how it pertains to that particular request in that lot in that property or that structure or whatever it is um you know typically many properties are different that makes perfect sense thank you you're welcome before I move to the applicant any other questions for staff all right is the applicant here anything yall would like to add to what staff had said okay uh gentlemen do you have any questions for the applicant all right is there anyone here to speak in support of this matter seeing none is there anyone here who would like to speak in opposition to this matter seeing none close the floor gentlemen your pleasure Mr chair mhm move to approve motion approve we have a second second all right Mr Austin did uh so we have a motion and a second all those in favor I those opposed it passes enjoy number four please item number four is a request for a sidey North setback variance from 7 and 1/2 ft to 0er feet for an existing single family dwelling in the R1 single family dwelling District located at 2075 Dixie Avenue subject property is located in the Dixie Terrace Subdivision which was plotted in 1952 prior to the adoption of the seminal County Land Development code the request is to bring in existing 960q foot residents into compliance with the R1 zoning District setbacks there have not been any prior variances for the subject property the Midway subdivision is designated as a community development Target area uh by The Bard of County Commissioners these target areas are designated to encourage Redevelopment preservation and revital vitalization and based on the stated finding staff is recommending approval of the request and this concludes my presentation thank you ma'am gentlemen any questions for staff seeing none is the applicant here oh sir is there anything you'd like to add to what staff had said no gentlemen do you have any questions for the applicant this is easy uh is there anyone in the audience then to speak in support yeah don't jinx it don't jinx it seeing none is there anyone here to speak in opposition seeing none we'll close the floor your pleasure motion to approve approve we we might I'm sorry the two papers are for that thank you so much for pointing that out to me I do have two things here is there a Mr bant no did you want to speak sir no sir all right um Mr Arnold is that you sir other than that oh I approve thank you gentlemen all right and thank you for pointing that out Madam Clerk all right so we have a motion in a second um all those in favor who seconded is that you Mr EV you second oh okay do we have I I second the motion thank you sir Mr Ed all those in favor I opposed all right enjoy sir number five item number five is a request for a rear yard setback Varan from 30 ft to 4T for a shed in the r1a single family dwelling district and the Shady Yol subdivision located at 161 Eileen Avenue the proposed storage shed will be 640 Square ft and will encroach 26 ft into the required rear yard setback the structure will be for the owner's personal use only and there have not been any prior variances for the subject property this concludes my presentation thank you uh gentlemen any questions for staff yes question for staff yes sir uh according to the plan there is an existing shed behind the house uh looks to be a similar distance from the property line as the proposed structure would this variance uh also cover that existing shed and bring it into compliance or would another it would not okay we can ask the property owner about that perhaps what am I on well I I I would think that it's not it's it's it's irrelevant to what what we're discussing tonight it's not part of the public notice uh and and we can have an academic conversation if we want but it it's just it's not noticed and it's we we can't do anything to affect it any other questions for staff seeing none is the applicant here anything you'd like to add to what's been said sir no sir uh anyone have any questions for the applicant seeing none is there anyone here to speak in support of this matter seeing none is there anyone here to speak in opposition seeing none I'll close the floor gentlemen motion to approve approved by device and seconded by Mr Austin all those in favor hi opposed passes enjy thank you six item number six is a request for a rear yard setback variance from 20 feet to 17 ft for screen room Edition in the PD plan development district and the deer run unit 23b subdivision located at 4713 swans neck swans neck place the proposed screen room addition will be approximately 411 Square ft and will encroach 3 ft into the required rear yard setback a building permit bp24 9891 was submitted after zoning review it was determined that a rear yard setback variance would be required a letter of support was received from the neighbor at 4717 swans neck place the rear of the property where the variance is being sought about a retention Pond which is indicated as track B on the recorded plot as drainage utility and green belt easement there have not been any prior variances for the subject property and this concludes my presentation thank you ma'am any questions for staff seeing none is the applicant here could you come up Sir because I know at least I have a question sure you just come up to the podium there please and just share with us real quick your name and address okay I'm sorry it's okay it's okay um my name is Adam Farley and my address is 4713 swans neck place in Winter Springs thank you sir my question is is what you're proposing just to cover the existing concrete pad in the back yes sir the concrete patio uh was in existence when we bought the home and we're just putting a screened um covering on top of that so you you won't be going past the concrete we will not be adding anything further gotcha gentlemen any other questions while I dragged them up here all right thank you sir oh by the way here we go Steelers here we go my man Shameless sucking up is appreciated you really think that's smart before we vote yeah I was going to say if you're not a Steeler is that a Cowboys necklace you got um I'm a Bears fan all right anyone else here to speak in support of this matter seeing none anyone here to speak in opposition seeing none I'll close the floor gentlemen your preference motion to approve motion to approve from the vice chair I wasn't going to say it so declare that conflict just going to say second it second Mr Evans all those in favor I all right enjoy sir item number seven is a request for a front yard setback variance from 50 ft to 30 ft for a single family dwelling in the A1 agricultural District the subject property is located in the Eureka hammock subdivision and is a legal lot of record that was created prior to semal County subdivision regulations being adopted in the early 196s when the subject lot was created the minimum lot size was 10,000 square ft the proposed single Family Residence will be approximately 1,700 ft and will encroach 20 ft to the required front yard setback there have not been any prior variances for the subject property and this concludes my presentation thank you ma'am gentlemen any questions for staff seeing none is Miss fiser here oh you're hiding back there you are any anything you'd like to add no thank you I don't want to disrup flow all right gentlemen do you have any questions for the applicant just good there we go seeing none uh anyone here to speak in support of this matter seeing none anyone here to speak in opposition to this matter seeing none I'll close the floor gentlemen move to approve second move to approve in a second all those in favor those in opposition all right enjoy item number eight is a request for Reed setback variance from 30 feet to 25 ft for an addition in the r1a single family dwelling district and the tusca ridge unit 2 subdivision located at 21 58 Candle Ridge Court the addition will be 435 Square ft will encroach 5 ft into the required rear yard setback a building permit BP 24867 was submitted for the addition and at that time it was determined that a rear yard setback variance would be required The tusca Ridge Homeowners ass Association approved the letter or approved the proposed area work and there have not been any prior variances for the subject property this concludes my presentation thank you m'am gentlemen any questions for staff my eyes are saying none is the applicant here ma'am is there anything you'd like to add to what's been shared so far gentlemen do you have any excuse me any questions for the applicant all right anyone here to speak in support of this matter anyone here to speak uh I'll say that again anyone here to speak in support of the matter is any seeing none is there anyone here to speak in opposition seeing none I'll close the floor gentlemen do we have a motion Mr chair move to approve second M quinson and a second by the Vice chair all those in favor I those in opposition all right enjoy ma' number nine good evening for the record Hillary Peyton Planning and Development item number nine is two variance request for 226 Third Street located in the Wickham's first and second edition to Geneva subdivision the request wer for a front yard setback variance from 25 ft to 0 ft for a Southside Street setback variance from 5T to 0 ft for a privacy fence in the R1 zoning District the subject property is a corner lot the front of the house faces Third Street the West State Road 46 side is the street side variances are being sought on both sides the request is to construct a six- foot privacy fence entirely within the front and side street setbacks the proposed privacy fence would be approximately 30 ft from the edge of pavement on the Third Street side and 40 ft from the edge of P pavement on the West State Road 46 side and without sidewalks to encroach upon on either side traffic engineering is no objection to the placement of the fence it relates to site visibility this concludes my presentation I'm Avil for any questions thank you ma'am gentlemen any questions for staff I have one this is one of two scheduled dumb questions I have for the night uh I should know this is this property in the rural area yes thank you ma'am uh is the applicant here anything you'd like to add to what staff had said gentlemen you have any questions for the applicant all right not necessarily a question but uh the south side of the property AB buts the RightWay of State Road 46 which currently is a two-lane Highway um there is a project in the planning PDN stage for the widening of State Road 46 from current two-lane state to a four-lane divice Highway um however it looks like that hasn't even been approved to advance beyond that the last time anybody has touched that project has been 2018 so while the fence is proposed to be 40t away from the current edge of pavement um that's not to say that whenever fdot decides to proceed with the project that that distance won't be reduced it might be possible that that might be part of a property taking don't know applicants just getting ahead of any imminent domain action yeah so yeah that's and that's and that's that's their right as at least as I see it um and I think i' I'd lost my train of thought we had just said no questions for the applicant gotcha uh is there anyone here to speak in support of this matter is there anyone here to speak in opposition to this matter seeing none I'll close the floor gentleman your pleasure move to approve second all right Tom second uh all those in favor I those in opposition all right enjoy fence item number 10 is a variance request for 535 to Lane Drive located in the Weathersfield subdivision the request is for a rear yard setback reduction from 30 ft to 13 1/2 ft for an addition in the R1 zoning District the request is to bring into compliance the construction of 285 s foot addition encroaching approximately 16 1/2 ft into the rear yard setback the detached garage will be 28 8 ft by 34 ft with two garage doors two windows and an entry door will be used as a garage for storage the property ABS a 60ft drainage RightWay a code enforcement violation number 24184 was issued for this structure resulting in the necessity of this variance on July 17th 1989 the board of adjustment approved a variance request for the rear yard setback from 30 ft to 13t 8 in for an addition this concludes my presentation I'm available for any questions any questions for staff yes question yes sir so uh we've established in the past that once a variance is approved for a property it never goes away correct so this original variance that was approved in 1989 Stone effect for 13t 8 in correct and the structure is 13 and 1/2 ft away from the property line right I rounded did the homeowner really get a fine from code enforcement for being 2 in too close it wasn't 2 in they added on to it what was originally approved if you look on the site plan where it says new addition that's the section that was approved back in 1989 okay the red part they added on to it and that's the portion that is um they are seeking a variance for today it looks well it's flush but they expanded it when you expand the variance all right I'm going to say Mr kson that was my second scheduled dumb question and it sounds so much smarter when an engineer says it and so I appreciate you doing that for me you can send your dumb questions to me before the meeting I count on it yes oh man all right any other questions for staff seeing none is the applicant here sir do you have anything to add to what's been said so far gentleman any questions for the applicant all right is there anyone here to speak in support of this matter seeing none there's anyone here to speak in opposition seeing none gentlemen your pleasure move to approve motion to approve second from the vice chair all those in favor I there opposed all right enjoy sir I I will just mention to the board that if the previous variance approval was just across the board the new rear setback is this then you could have put really anything in there but because it's specific to certain additions as as are shown on the site plan as we've talked about before only those things only that item or structure is permitted anything else is is an additional encroachment makes perfect sense yeah thank you ma'am uh number 11 item number 11 is a variance request for 50/50 Thomas stable Road the request is for a front yard setback reduction from 100 ft to 42 ft for an accessory dwelling unit in the A1 zoning District the request is to convert an existing dwelling unit built in 1945 which predates the Land Development code into an accessory dwelling unit so that primary dwell unit can be constructed the proposed Adu encroaches approximately 58 ft into the required 100t accessory structure front yard setback as it will be in front of the new primary structure the applicant will construct a new primary structure which will meet the required 50ft front yard setback the primary dwelling unit will be a minimum of 2,900 ft² to meet the Land Development code requirement of 285 of the size of the original unit the proposed Adu is restricted to 1,000 square ft or up to 1100 ft with an administrative adjustment approved at the staff level and may be required to be modified to meet the limitation this concludes my presentation I'm available for any questions thank you m'am gentlemen any questions for staff seeing none is the applicant here is there anything you'd like to add to what staff had said okay gentleman any questions for the applicant seeing none is there anyone here to speak in support of this matter is there anyone here to speak in opposition seeing none I'll close the floor gentleman your pleasure move to approve move to approve from Austin those do we have a second second from the vice chair we have a motion in a second all those in favor I those in opposition all right enjoy it's going to be a fun project easy for me to say all right number number 12 item number 12 is a variance request for 108 West Crystal Drive located in the Bell Isle SE of the lock Arbor subdivision the request is for a normal high waterline setback reduction from 25 ft to 20 ft for an accessory structure in the R1 AA zoning District the request is to construct a 22t x 25t storage headed on the side of the home encroaching 5 ft into the normal high water line setback a letter of support has been received from the neighbor across the street this concludes my presentation I'm Avail for any questions thank you ma'am gentlemen any questions for staff seeing none is the applicant here is there anything you'd like to add sir good stff had said all right gentlemen you have any questions for the applicate all right is there anyone here to speak in support of this matter seeing none is there anyone here to speak in opposition to this matter seeing none I'll close the floor gentlemen move to approve motion to approve from the vice chair do we have a second second second from Mr gon all those in favor I those in opposition all right passes enjoy folks number 13 item number 13 is a variance request for 3978 biscan Drive located in the holl brook subdivision the request is for a rear yard setback reduction from 5T to 4 ft for a screen enclosure in the general homes plan development the request is to reconstruct a 21 FTX 50t pool screen enclosure in the same footprint encroaching 1ot into the rear yard setback the proposed sorry the property of but a retention contract owned by the hollow Brook a OA two letters of support have been received from adjacent neighbors uh this concludes my presentation Avail for any questions thank you m'am gentlemen any questions for staff Mr chair just sir if I missed it I apologize but the the key word was reconstruct correct so there was no previous variance on the original structure no sir okay thank you I I just make sure I didn't miss something all right any other questions is the applicant here yes sir anything you'd like to add to nothing all right gentleman any questions for the applicant seeing none anyone here to speak in support of this matter seeing none anyone here to speak in opposition to this matter seeing none I'll close the floor gentleman your pleasure Mr chair move to approve Mr cson has made a motion to approve do we have a second second second from the vice chair all those in favor I opposition enjoy always use more reconstruction all right number 14 item number 14 is a variance request for 112 eagles watch Trail located in the Eagles Point subdivision the request is for a rear yard setback reduction from 30 ft to 14 ft for an addition in the r1aa zoning District the request is to bring into compliance the construction of an approximately 500t addition encroaching 16 ft into the rear yard setback a code enforcement violation number 24-65 was issued for the structure resulting in the necessity of this variance three letters of support have been received from surrounding neighbors and provided to each of you on the Das for your consideration this concludes my presentation I'm Vil for any questions thank you m'am gentlemen any questions for staff all right seeing none is the applicant here yes sir yes sir is anything you'd like to add to what staff had said all right gentlemen do you have any questions for the applicant seeing none is anyone here in the audience to speak in support of this matter yes ma'am please come on up just to the podium please and when you get there uh please share with us your name and address U my name is Jaclyn Arc and it's 1176 eagles watch Trail I live down the street from Jeremy um I've been in the community for 25 years and our community is um the lots are not perfectly square or anything like that so I myself have a variance and a lot of our additional homeowners do um of the 25 years I've been on the board for about 10 years uh going on and off twice I am not currently on the board but we've never had any issues with people requesting variances and not been given them over the weekend I went with Jeremy talked to the neighbors to get their support or to hear what they had to say about it so we have a petition signed by um close to 50 it was it was the last minute thing only two days to to actually talk to people and I can assure you of the people that signed it uh nobody that I talked to had any issues with what Jeremy is trying to do uh some of them wouldn't sign because they didn't want to get involved but other than that it's it's a pretty true accurate um description of that the neighbors have no issues with what he's trying to do we're in support of it gentlemen do you have uh any questions from Miss ersi quick question on the petition did did you personally gather all of these signatures uh I gathered some Jeremy went through the neighborhood and gathered some there was another neighbor that helped us well um his attorney put the verbiage on the top that's exactly what we were asking sounds good gentleman any questions right thank you ma'am I appreciate it is there anyone else here to speak in support of the matter seeing none do we have anyone in the audience to speak in opposition yes sir if you could also please come up and share your name and address let's see I have my form here for for you yeah let's see this looks like it good evening and thank you for allowing me to speak this evening my name is Jack Tracy and I live at 1100 eagles watch Trail in Winter Springs it's about three houses down from the house in question so I'd like to talk about a couple of things this evening and I'm talking as an individual homeowner although I do want to mention that I happen to be the president of the HOA I'm speaking as an individual homeowner this evening covenants I'm to speak for a few minutes about covenants um if if I might sir whether or not this matter is or is not a compliance with homeowners association covenants is irrelevant to anything that we consider so if if you could please just keep it relevant to what's what's before our board tonight which is mainly simal County matters sure I I'd be happy to do that um I noticed in the staff report um a particular term that was used and that term is Harmony and um I won't mention that that then I won't mention our our covenants but it's kind of um um it's it's kind of interesting that the same term is there too but I I won't go further into the covenants but I do want to say that uh if we speak about Harmony uh this is the only structure that I'm aware of in the neighborhood um that is like this there are several other structures that are in backyards that are mostly sheds tool sheds and so forth um this is a large structure and in my opinion if it was allowed to exist there would be a A disruption in the harmony of the neighborhood and um that's one of the things that I obviously since the word was used with the with the county um they have the same concerns in that particular area that I do as do other residents so then I don't want to um go into the covenants then but I do want to say that um I'm in opposition to the existence of this structure because is it is tot it is totally unique and along with the county it is also um several feet into the uh the setback or the easement so setback I believe so um that's all I have to say at this time then gentlemen any questions Mr Tracy just my question again I and I'm going to ask this for clarification out of a sense of fairness because I kind of shut you off in the beginning am I understanding your argument to be mainly that you when you talk about Harmony or disrupting the harmony that you think this is an inconsistent structure with what's already in the neighborhood yes sir I feel that it is and it it appears th so too that there's not another structure like this in the neighborhood gotcha thank you sir apprciate thank you is there anyone else in the audience to speak in opposition of this matter thank you sir do we have one of your forms sir I've got it right here there we go we are sticklers for paperwork if you could please share with us your name and address please sure so my name is Toby snively and um I'm not a resident of the HOA but I'm legal counsel to the HOA um Eagles Point homeowners association here in SEMO County and the board of directors has asked that I come in and say some words on behalf of the HOA Association um in opposition um we're not get into the covenants though right no no and actually I was about to start with that you know the fact that the HOA has its covenants and the HOA enforces that stuff and and and the county has its own ordinances and you guys enforce that stuff so we got apples and oranges um the HOA became aware of this uh after the structure was was in progress and um I mean that's that's the background as far as the HOA goes um why we're here tonight is is it's the association's position I that the variance request should be denied because it doesn't meet the variance criteria in in the County ordinance uh section 3.3.3 point2 and the way I read that ordinance is that in order to grant grant a variance under that ordinance the board here would need to determine that each of those six criteria have been fulfilled and then if if one of those criteria were to fail it defeats the whole variance request as a whole um and and so you probably know where I'm headed with this one um and and it's not a fun part of my job it actually pains me cuz I I I put myself in the homeowner shoes of a structure that's already mostly built um and I understand where he's coming from but but my job here is to to convey the association's position and from a legal perspective um it's the association's position this extra building on the lot would would fail these criteria each of the six criteria and I'll touch on the three most glaring examples that the association has um so this lot appears to be relatively standard as far as Lots go in the community it's not an odd triangle slice of pizza thing um no weird shapes or or conditions that I'm aware of um number two the lot already has a home on it um it's got a pool and an outdoor kitchen such that the lot is serving its intended purpose um it's not as though failure to Grant a variance will render this lot useless um and then the third big point is and and this is a big one for the association it's that granting of this variance would not be in harmony with the neighborhood and it wouldn't be in harmony with the Land Development code um that's the association's position so as much as it pains me to Advocate against a structure that's already in progress um I have to say that in my experience when when folks don't go through the permitting process in advance it comes with some risk and and it doesn't always work out and and so in this case the association believes that the six criteria have not all been met such that a variance could be properly granted and and therefore we respectfully request that the board deny the the variance request thank you thank you sir uh gentleman any questions Mr snively all right thank you sir you're welcome do we have anyone else in the audience to speak in opposition seeing none I'll close the floor Mr chair sir the uh gets a chance to re correct he does and thank you thank you for pointing that out would you like to make a rebuttal sir you don't have to but just if you want to okay just for the record share with us your name and address yes sir uh my name is Jeremy AER I'm at 1112 eagles watch Trail um so the attorney is our representation of the HOA board um as of right now there's three individuals on the board the gentleman who had just met prior is Jack Tracy which um you'll have some information in front of you as well that he had sent a text message earlier stating as long as permits were in place that obviously we'd be able to move forward with our structure moving forward um the second individual who's on the board as well you have a letter directly from him advocating that he's okay with this ience due to the fact that he's my neighbor and the last person who's part of the board is unfortunately not here today so you have it looks like you have one individual who's against me who in turn brought an attorney to this Baran hearing to go against the harmony of our neighborhood um you're unable to see this building from the street um you can see in front of you over 50 applicants which by the way we didn't go to door too this was just communicating with the community and individuals came to our house to sign those petition so all I ask is um yeah I I trust your judgment that's all I'm asking thank you sir any questions for the applicant my question then would just be how did we get here how did we get here that you have this you have more than 3 minutes now I mean from the perspective of you how did you find yourself in a situation where you've erected a structure that's not permitted oh 100% so we um I'll I'll just be completely open with you we hired a contractor that came on board with us he was the my longest employees father-in-law his name is I think his information was submitted to you as well his name is j Jim Marquee Marquee masony he stated to even your County employee that he was a licens contractor I trusted I believed this process came on board Jason then in turn came to our house um he's a representative from the county um looked at him in the eye asked him the same question are you a licensed contractor he said yes we are now in a long lawsuit which actually has been pushed to now white collar crime um so head of seino County for white collar crime is now doing a full investigation um publicly they have found out that he has actually taken over $200,000 in the last 3 to four months from residents within SEMO County so we are doing whatever we can for representation to go after him criminally so that's the situation I'm in is that's where we are and unfortunately from that point I've done everything the county has asked of um I've been I think I've met everybody here and I've done whatever I can to do what is right because I understand at this point in time this was done incorrectly so all I'm asking for is the chance to make this right thank you sir any other questions thank you for your time sir thank you sir close the floor and we might have to have a chat about this one but first do we have a motion a motion to approve second approve move and was second from Mr kunen let's chat let's chat you know my take on this you guys are heard me Yammer on this on the past is I always look at at land use as like if we were playing Monopoly the the rules of the game and if before we start playing the game we all agree on variations hey you know all money goes into the center and you get it if you land a free parking if we all agree great uh and I start getting the property rights like that is that someone here wants to do something that's outside of the rules but if all their neighbors are okay with it we generally kind of say well all right it's nobody nobody is objecting to this we generally okay with it I I find myself and I'm just talking you know I know youall all none of youall are Shrinking Violets but I kind of feel like it seems like this applicant's neighbors are in support and that is coming buding up against a homeowners association uh and I just would love to hear y'all's thoughts on just that that conflict I I personally agree so it's with me it's um HOAs are are unique uh they can be and is if if I'm seeing the petitions I looked at those addresses and I looked at where the addresses of the of the uh applicant is Mr Sher I looked at that and and that's fine but from an HOA point of view is I don't know I believe that's superseding what the addresses actually is and and have actually supersedes and is going kind of outside of what the people's will is and that is what I look at from that is it's not for much HOA sometimes can overstep sometimes um and in this case I saw what I need to I saw those applicants I saw the or the uh signature sorry I keep putting my hand in front of you um and uh I um that's what I needed to see so that's personally what I saw I saw the VIS I saw people live around it those addresses they're fine that's my that's my take any other thoughts yes sir Mr EV I'm I'm kind of in the same board uh I I think especially in this case I mean the HOA is also not necessarily removed from being able to go further than this even if the variance is approved so I mean upon the county matters I mean the HOA is certainly understandable but you know the uh you know Austin's point it was there are a lot of homeowners in support a lot of them any thoughts from our Engineers not to put the put you under pressure or anything um to my to to my you know whatever limited knowledge there's nothing in our codes to say that our decision making has to be whether the HOA has approved any any aspect of the applicant's request you know and as long as it falls within the guidelines of what's approvable by our you know within our guidelines that we're not doing something that would ex you know exceed our you know Authority per say uh it's always nice to see Harmony between HOAs and residents and when it comes to improvements but it's not it's not a uh to be it's not a deciding factor for me uh unless someone else wants to add something I'll put it to a vote then all right those chairman may I may I just interject here uh Nisa borer for the record you're correct uh Mr R um that you know the the county is required to only Implement its own variance criteria and as you know those criteria are that special special conditions and circumstances exist that are particular to the land or to the structure um in this case from the testimony that you heard it sounds like um the applicant had an unlicensed contractor came in that didn't do what they were supposed to do and ended up erecting a portion of the structure um without going through the proper permitting um and this do not wasn't a result of the applicant's action the applicant is trying to as per his testimony is trying to rectify those actions um it will not confir on the applicant any special privilege this is a residential addition in a residential neighborhood on a home that is something that's not necessarily A a special thing to get um it would deprive the applicant of Rights enjoyed by others within the property I mean in this case I think as the applicant stated if it's not approved the work that was done by the unlicensed contractor will have to be removed or substantially altered and um it's the minimum variance that's being requ that can be requested and he's requesting it for what's already been put up um thus far and you already touched on it being in harmony with the rest of the neighborhood so I just wanted to kind of go over that with you because when you're looking at these things those are really the criteria that need to stick in your head and when you're making motions and when you're um going to approve something where you have things on the record that people disagree with and have provided testimony with that you make sure that you're going through the variance criteria and applying the facts and the testimony and whatever is in your um packet cuz there's a lot more in your packet than I know you guys review before these meetings when you come in um than what's put in the record and that's part of the reason why we can move so quickly through most of these most of the time because you're looking at the packet you're looking at the applicant's variance criteria so I just kind of wanted to wrap that up for you and just um also you know follow up with with what Mr Wright said about it being the criteria of the county that you need to be concerned with and not private um HOA requirements also I believe the word harmony as well Mr chair is very subjective it's um one person's Harmony is might not be another person's Harmony so I think it's extremely subjective and it sounds a little bit like you're sharing that if we maybe linked competent substantial evidence to the six criteria might make your job a little easier if there are fights particularly if it's appealed absolutely absolutely uh thank you that and that's that's well taken uh gentlemen anything else you'd like to discuss all right we'll put it to a vote then all those in favor I opposed the matter passes enjoy all right I've lost track of numbers move on to next 15 it's item number 15 Cathy Hamill development services I'm going to be presenting the next four items they are variances to our maximum height of 35 ft for buildings and structures the purpose of these Varian is the applicant wants to replace all of the meters and to install po polls so they can remotely read the meters the polls that they are proposing closing are 40 ft tall with a 10t antenna therefore making it 50 ft tall we heard um I believe six of these at our last Board hearing and this is the remainder of the items we're going to be requesting it is the same request for all four items but we have to present each item individually if there's not any questions about the overall project I can go forth and present each one of the sites okay I item number 15 this is a site between it's located at 420 West Crystal Lake Drive this is a site that's between two subdivisions one of them is lock Arbor which was ploted in 1954 and Mayfair club which was ploted in 1997 it currently has a small water treatment plant and the poll meets all of the r1a setbacks this request does meet all the criteria for granting the variant and we are recommending the board to approve the variants thank you concludes my presentation thank you ma'am uh gentlemen any questions for staff seeing none is the applicant present I was going to say had have to be you guys is there anything you'd like to add to what staff had said gentlemen any questions for the applicant all right well because the rules of the rules is there anyone here to speak in support of the matter seeing none literally is there anyone here to speak in opposition to the matter seeing none I'll close the floor gentlemen move to approve Mr Bley second by Mr kunen all those in favor I opposed all right 16 16 361 Sable pal drive this is located in a common area track in the Alexander at Sable Point plat this property um you might be familiar is now a defunct golf course and it currently has a small water treatment plant this poll meets the PD zoning setbacks and we are requesting for the board to Grant the variance because it meets all of the criteria and this concludes my presentation thank you ma'am gentlemen any questions for staff seeing none would the applicant like to add anything to staff comments any questions for the applicant seeing none anyone in the audience in support of this matter seeing none anyone in the audience in opposition to this matter seeing none you stop it we'll close the floor gentlemen CH a motion the vice chair has move to approve we have a second second Mr kunon all those in favor I opposed 17 four um 418 Timber Ridge this site is also in the Sable Point PD and is a common area tract owned by the HOA in which sunshine has a utility easement it currently has a lift station and it backs up to an open space track it does meet all of the setbacks in the PD and we are recommending approval any questions for staff Mr Von you look like you might have had one there don't feel pure pressure okay now I kind of want you to no uh seeing none uh the applicant wanting to add anything on this yes sir any questions for the applicant anyone in the audience to speak in support seeing none anyone in the audience to speak in opposition seeing none gentlemen your pleasure Mr chair move to approve second Madam clerk did you get those names Mr and Mr beagley and we have a motion and a second all those in favor I let opposed all right now to 18 this is lot seven on Lake Asher it's located in the be Lake Manor which was pled in 1960 it currently has a small water treatment plant and it is in the r1a zoning classification meets the minimum zoning setbacks staff is recommending the board um to we are recommending approval of this item any questions for staff seeing none uh would the applicant like to add anything to those comments seeing none uh is there anyone in the audience to speak in support seeing none anyone wishing to speak in opposition seeing none I'll close the floor gentleman your pleasure move to approve second motion to approve and a second all those in favor opposed that is that we will move on to minutes the chair will entertain a motion move to approve motion to approve the minutes a second from the vice chair all those in favor I all those opposed that's that anyone have anything else to add to the good of the order we are adjourned sorry oh sorry no we are uned okay yes ma'am and those for both I'm sorry is that motion for both of the minute yes okay 10 minutes past I'm sorry [Music] [Applause] [Music] [Applause] [Music]