e [Music] oh [Music] n [Music] p [Music] h [Music] all start up for those of you 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 uh please fill out the speaker and if you're not the applicant please fill out the speaker form located on the table in the lobby and indicate the item number and whether you are for or against the item then afterwards please give that form to the clerk seated to our left the applicant and the supporters of the applicant will be heard first those in opposition to the request will be heard next then the applicant will be given a chance for rebuttal comment should be should be restricted to pertinent information regarding the agenda item under discussion we don't get into arguments within the neighborhood or who's nice or who's not nice if you're an individual you will have three minutes to comment if you're here representing a group you will have six minutes for your comments speakers should move closer to the podium when their item is being presented by staff and speakers should identify themselves clearly for the record by stating their name and their address each speaker should be given respectful and courteous attention the board may ask questions of speakers or staff members information uh items such as pictures site plans letters Maps things like that uh presented at the public hearing will be retained and kept in the public record I will then ask for a motion from the board once a motion has been made and seconded discussion will be closed to the floor following board discussion a vote will be taken during voting board members who do not cast an objecting vote are considered to have voted in favor of the applicant any appear any person AG grieved by a decision of this board May within 15-day file an appeal to the board of County Commissioners through the Planning and Development Division of the development services department and our staff partners can help you with that having said that let's start with item one good evening for the record Angie Gates item number one was continu from February and is a request for a side street East setback variance from 25 ft to 0 ft for a privacy fence in the r1aa single family dwelling district and The Meadows West subdivision located at 101 Clover Lane the subject property is a corner lot and considered to have two um front yards for setback purposes the front of the house faces Clover Lane and the Press View Avenue side is where the variance is being sought the existing privacy fence is 3 ft from the sidewalk and 15 ft from the edge of pavement traffic engineering has no objection to the placement of the fence as it relates to site visibility a code enforcement violation violation number 23- 223 was issued for this structure res resulting in the necessity of a side street setback variance there have not been any prior variances for the subject property and this concludes my presentation um actually Jaylen gave everybody an updated survey um it is from 2014 but it's better than what was originally submitted we have we have um I don't know if the the new fence is being replaced in the exact same location I'm assuming it is since they're requesting a zero but that's something that you can ask you read my mind absolutely thank gentlemen do you have any questions for staff no seeing none is the applicant here is there anything you'd like to add to what Steph said no place if there is something you want to say want you you to come on yes please and just give us your name and address please yes siral 101 Clover Lane all right and I'm sorry you were saying um it's getting it was replaced board by board even the poster in the same Hol as the old ones came out of gotcha gentlem any I'm sorry please go I came home I had a panel down it's over 30 years old I I travel all the time so I just didn't even think about getting the from I just put it up to be safe cuz I was leaving again the next day so I I understand and I appreciate that gentlemen any questions for the applicant there's a picture in the file dated uh August 23rd of 23 is that the current [Music] fence so that we that you've already replaced the old one so instead of permission you're asking forgiveness um that's kind of a joke problem M vson any questions no questions thank you sir you is there anyone in the audience to speak in support of the applicant seeing none is there anyone in the audience to speak in opposition seeing none gentlemen what's your pleasure I move accepted move to approve move to approve second we have move move to approve and a second all in favor say I I opposed enjoy you got to take it down and put it back up you understand that I you know those are the rules all right thank you sir enjoy your fins number two item number two is a request for a side street East set back variance from 15 ft to 11 ft for a fence in the PD plan development District in the res in the Riverside Reserve subdivision located at 3602 Lazy River Terrace the subject property corner lot and considered to have two front yards for setback purposes the proposed privacy fence will be 11 ft from the sidewalk and 18 ft from the edge of pavement traffic engineering has no objection to the placement of the fence as it relates to site visibility the res the Riverside Reserve Homeowners Association has approved the proposed fence request and there have not been any prior variances for the subject property this concludes my presentation thank you ma'am gentlemen any questions for staff seeing none is the applicant here is there anything you'd like to add to do you all have any questions for the applicant I hate to say that I have one question would you mind coming down please so cute a short question and I'm going to feel guilty for making you walk all the way down but could you please just share with us your name and address for the record Veronica Romero 3602 Lazy River terrorist M Romero is is what you're asking for basically the same thing as what your backyard neighbor has yes gotcha same lines and everything yes gotcha thank you while I've dragged her up here gentlemen any questions thank you ma'am for your time thank you is there anyone in the audience to speak in support of the application is there anyone in the audience to speak in opposition seeing none gentlemen your pleasure move to approve Move Motion to approve and a second those in favor I I opposed enjoy item number three is a request for a sidey yard e setback variance from 20 feet to 15 ft for an accessory structure in the rc1 country homes District in the Rowan estate sub division Lot 23 block a robin Lee Road the proposed steel steel building will be 1,120 ft and will encroach 5 ft into the required sidey yard setback and will be used for personal use the property owner applied for a building permit 23-1 16825 and at that time it was determined that a variance would be required there have not been any prior variances for this subject property and this concludes my presentation thank you ma'am gentlemen any questions for staff is there a representative of the applicant in the audience all right if you is there anything you'd like to add to what staff said sir uh sure okay you need not give your name and address okay uh everybody I mean everybody in the neighborhood has an acre or more um and so we moved in there because we wanted the space and a lot of my neighbors have these and so I've always wanted one and now my wife has finally giv me permission so I think she wanted just be able to park in the garage so we're going to have more space with the kids and all of our stuff so that's why we want it fair enough gentleman questions for the applicant two two short questions yes sir what's what's what are those fields over to I guess what what's of your house horse stables just horse stables horse Fields they they do riding lessons and then I got 417 behind me and they cut down a lot of the pine trees I guess due disease so now you can see got the highway noise and everything so this will help with that and that and that thin Road between your house and the horse Fields that's like just an access road right it's an access road to two properties way back uh along 417 uh one of them is just I think like 5 acres of land where they just have trees planted but it's just a dirt access road and my and my last question have you it's not notated in our note so I'll ask have you spoken with your neighbors about I've talked to my neighbor cross street who actually has one of these and uh he's good with it but the others nobody else is really affected the horse stable she rents there and she has a business with lessons and stuff like that but the owner I think is somewhere in New York but I haven't thank you sir while he's up there any other questions yeah what is the uh where would the entrance to the shed be uh I have a gate so on the right side of the house I have a 10t gate um going to be an open it's going to go straight from the driveway straight back into that big open grass area prob about the building itself yes sir is it is it a closed building yes siros that's my question where's the entrance to the closed building oh on the uh do you have to go down this side road to get it no no it's straight from my driveway straight in and that's where the door will be so it's from my driveway straight in so if you're looking at the house right on the right I have a I have a fence there a gate 10t gate that opens up and you'll go straight in and that will be where the door to the building now on the this side uh is there is that a fence separated the dirt road side yeah yes sir okay it's a privacy fence cuz Okay the pool and the entrance to the building and then is in the middle there yes sir in that open lot okay Mr kson any questions no I had no questions all right thank you sir yes sir is there anyone in the audience to speak in support of the applicant anyone to speak in opposition seeing none [Music] gentlemen entertain a motion oh excuse me I'll move to to accept it second motion to approve in a second all those in favor say I I I I have it enjoy number four item number four is a request for a side street West setback variance from 15 fet to 5 feet for a fence in the PD plan development District in the Estuary at St John subdivision located at 4543 Calis way I probably messed that street name up the subject property is a corner lot and considered to have two uh front yards per setback purposes the front of the house faces sealess way and the switon court side is where the variant is being sought the proposed privacy fence will be 5 ft from the sidewalk and 17 ft from the edge of pavement um there is currently an open uh fence there now that was permitted and will be placed with the privacy fence determining your approval or not traffic engineering has no objection to the placement of the fence as it relates to site visibility and this concludes my presentation any questions for staff all right the applicant here is there anything you'd like to add to what staff said if so come on down if you just share with us your name and address please for the record uh s Emanuel is my name and 4543 sway is the address uh the reason we wanted to replace the aluminium fence with the privacy fence is uh literally my backyard and my patio door is open so prior to this this was a new construction and we did not have the construction completed but right now it's right next to the door I mean right to the street and neither the kids have any privacy to play over there nor we can have anything to do in the patio so that's a reason we are replacing it with friend gotcha gentlemen any questions for the applicant yes sir yes so is your proposed fence going to be exactly where the current fence is now or are you going to take up more no the exact same way where it is right now and out of curiosity was the uh aluminum fence there when you bought the house no it was a new construction we put it in you put it in yes and then he decided it wasn't satisfactory because it wasn't enough privacy and now he want to replace this side of the construction on the Swinton Court the street or the the the buildings were still getting constructed so we never knew it was so much of an hindrance because the Neighbors when they open up the garage it's my entire backyard and and my living room is literally they can see from there understand any other questions the current fence you didn't need variance for the fence it's Curr place but you needed to take that down and put the new one yes the IDE is to protect your vision for the Neighbors that's corre thank you sir is anyone else to speak in support of the application is there anyone in the audience to speak in opposition to the application all right seeing none your your pleasure gentlemen I move to approve have a motion to approve we have a second we have a second all those in favor say I I it's approved enjoy item number five is a request for a side street West setback variants from 20 ft to 7 feet for a fence in the PD plan development district and the Waka Hunt Club box hunt section 2 subdivision located at 124 Ingram Circle the property is a corner lot considered to have two front yards for setback purposes traffic engineering has no objection to the placement of the fence as it relates to site visibility the Waka Hunt Club homeowners association has approved the proposed fence there have not been any prior variances for the subject property and this concludes my presentation thank You' gentlemen any questions for staff seeing none is the applicant here ma'am is there anything you'd like to add to what staff said all right those do you have any questions for the applicant you have one judge yeah was a little ma' would you would you please come down I'm sorry just for the record if you'd give us your name and address please Tara Eastman 124 Ingram Circle long with Florida and what is going to be the parameters of the of the fence I couldn't quite figure it out from it's going to go from the patio behind the pool enclosure and just around to the other side just where the red lines are yes well there's two red lines there one you seeing a VAR on the bottom right there where it says 8 ft were the 7 foot I'm sorry I went out and we measured with the contractor because it was a little confusing the number so where the blue line is they were just stating how far far the fence is going to be from because on the application it asked to the edge of pavement how far it is so we weren't sure and that was the center line of the road but where the red line is where it says um it looks like it says 34 ft yes um there that huge tree that was in the image the fence is going closest to the house and between the tree and so a lot of her property is right of way and and as it comes down next to 301 what's next what's in that lot it's a house next to me okay fence there's no fence there they don't have they're planning to put a fence what's that they don't need a variance there okay all right never mind any other questions all right thank you ma'am is there anyone else who'd like to speak in support of the application is there anyone here to speak in opposition seeing none your pleasure move to accept second a motion to approve and a second all in favor say I I I I opposed all right enjoy your FS number six good good evening for the record Hillary Peyton Planning and Development item number six is three variance requests for 102 Ford Avenue located in the Harmony Home subdivision the requests are for a front yard setback variance from 25 ft to 12T and a side setback side street setback variance from 25 ft to 20 ft for a carport addition and a West Side Street setback reduction from 25 ft to 0t for a privacy fence in the R3 zoning District the subject property is a corner lot and has two front yards for setback purposes the front of the house faces Ford Avenue the doto Avenue side is where the variance is being sought the requested are bring into compliance the construction of an 18t X 20ft carport 13 ft into the required 25t front yard setback and 5T into the 25t side street setback and a 6ft wood privacy fence entirely in the required 25- ft side street setback the carport is currently detached but is required to be attached by the residents in to the residents in order to be in compliance with Section 30.1 345 subsection C of the Land Development code traffic engineering is no objection to the placement of the fence as it relates to site visibility the privacy fence encroaches into a utility easement and that building permitting will be required to meet the criteria of placement within a stopple letter the privacy fence is 5T from the sidewalk and 17 ft from the edge of pavement a code enforcement violation number 23226 was issued for these structures resulting in the necessity of this variance this concludes my presentation I'm available for any questions gentlemen any question question for staff is that is that fence currently in place yes is that where they want to put the new one um they're not replacing it they're bringing it to compliance the construction of the fence just bring that into compliance correct the carport just needs to be attached right as well as this variance for not meeting the setb Mr quinson and uh I believe I don't know if you mentioned it or not the this variance request first came up in the December 2023 meeting we had to postpone it and there this applicant's Neighbors at 101 Ford Avenue their variance request was heard at the December 2023 meeting and we uh accepted that one I think you're right that's correct yes that's correct got you all right is the applicant here ma'am if you'd share with us please your name and address for the record my name is an Cen I'm 102 Ford Avenue and that's Al my Springs Florida what do you have for us now well 30 years ago I'm sorry we didn't get that carport is 30 years old so my husband which is pass P now uh got a detachable carport and put it there because we for the kids you know we put the cars there and the kids can play up under that without the sun and the for as the fense concern we just replaced our fence that was already there but yeah the carpo 30 years old so I just you know it's it's amazing how they come back on me 30 years MH we'll see you again another 30 yeah good gentlemen any questions for the applicant yes sir that carpart is the 30y old one 30 years old there's the baby right there she would soon be uh 30 that we put it up when she was a baby we have we have a retired Circuit Judge who lived on Markham Woods Road uh and his children remember playing in a dirt road which is now busy highway so times change yes time Chang she's dirty we put it up way back 30 years ago this the pictures of your of your new one look nice so further question Mr gson any questions none all right thank you ma'am thank you is there anyone in the audience to speak in support of the applicant anyone here to speak in opposition seeing none gentlemen your pleasure to accept application motion to approve second we have a second all those in favor say I I all opposed all right there we go see you all in 30 years oh thank you thank you item number seven is a request for 1324 boft Drive located in the Vermont subdivision the request is for a rear yard setback reduction from 35 ft to 30 ft for a Cabana in the Long Pond plan development the request is to construct a 42t x 21 1/2t Cabana 5T into the required 35t rear yard setback the Vermont Community Association has approved the request for a covered Pavilion with fireplace in summer kitchen a letter of support has been received with signatures from three of the surrounding proper Property Owners this concludes my presentation of will for any questions thank you m'am gentlemen any questions for staff it looks like the uh trying to reconcile the pictures we looking at is it lots on one side Madam clerk can you go maybe go back one phot there we go oops there we go okay I see now okay is that a driveway or a road going somewhere to the right um you'd have to ask well we get gentlemen I apologize we'll get you in a second staff might be able to answer the question but but you'd have to ask the applicant I'm not sure what that little driveway is well let's do that then Gentlemen please if you share with us your name and address Mark wer 1324 bof and Mark is the owner I'm Rick scor as the architect at 1620 Peninsula Drive to Mary's Florida all right um that is not a road that was my grass and that's due to a bot Gat and a skider so I was building a pool for the backyard and um and then we were going to put a covered cavana behind the pool the varen is I guess in the The Neighbors behind us I had to get them and my neighbors that subdivision there has a 35t variance our subdiv 30ft variance I guess our subdivision is a 35t variance and so we wanted to have C area behind the pole for patio fireplace stuff like that we try to put the permit in but the variance fits so then we had to go through all this process here we are gentlemen any questions you're just looking for five more feet yes sir nothing all right thank you gentlemen is anyone else in the audience to speak in support of this application anyone here to speak in opposition all right your pleasure move to approve motion to approve we have a second we have a second those in favor I I opposed all right enjoy thank you could be nice we'll be by in August item number eight is a variance request for a 531 huxford Court located in the Greenwood Lake subdivision the request is for a Southside setback reduction from 20 ft to 2 7 in for a privacy fence in the Greenwood Lakes plan development the subject property is a corner lot and has two front yards for setback purposes the front of the house faces coxford Court the Bergman Place side is where the bearings is being sought the request is to bring into compliance the construction of a 6ft vinyl privacy fence 17 ft 5 in into the side street setback the proposed privacy fence encroaches into a utility easement and that building Perman will be required to meet the criteria for placement within a stle letter the privacy fence is 2T 7 in from the sidewalk and 14 ft from the edge of pavement traffic engineering has no objection to the placement of the fence as it relates to site visibility a code enforcement violation number 23- 294 was issued for the structure resulting in the necessity of this variant a letter was received from The Windgate homeowners association today requesting that this variance be continued for 6 months and was provided to you for your review this concludes my presentation I'm Phil for any questions gentlemen do you have any questions for staff can you run through your pictures again so if I could further explain there might be some confusion so the applicant put up two fence it looks like two about two fence panels um along their back property line their the rear of their property AB buts like a flag lot type uh track that goes into the retention Pond um they added two fence panels there um without and that's what the code enforcement violation was for and now they are coming before the board because they want to extend that fence and move their fence down to not necessarily line up with those two fence panels but come closer to it um if you go back into the pictures one more no they want to move the fence outward so it's closer to bergam place um so in this picture on the right hand side on the PowerPoint um you can kind of see that on the very right of that picture you can see the fence panel that comes out that they put up without a a permit and then they drew a dotted line on the grass if you can see it where they want to move their fence over to which is subject to this variance as well so the fence will be outside the trees correct any other questions for staff oh Paul no no no no please do you want to chat about what's been sent to us or do you want to wait and see if it becomes an issue or want to chat okay please for the record Paul chipo Deputy County attorney um we received the letter from the homeowners association asking for a continuance um the applicable section of the code is section 30-48 interpretation of the code which states the provisions of this chapter the zoning code chapter operate independently upon property subject to Land Development regulation authority of sual County non withstanding any private legal relationships between and among the various land owners although land owners may have legal rights and obligations with regard to one another the provisions of this chapter shall operate independently of such obligations but do not repeal or resend the legal rights and obligations in other words RZ zoning code stands on its own and you have the authority to uh consider the variance if if you desire um but that does not mean that even if it is granted the applicant would uh still have to deal with his homeowners Association and any private covenants and restrictions um that are on the property from the private side so although we may Grant it he still may he still has to make peace with his homeowners association and get their eventually get their permission or be subject to some type of Court action so if you want to Grant it that's within your discretion if you want to move forward that's within your discretion as well and and and that makes perfect sense and I appreciate you sh sharing that with me and just to to Belson suspender it I do it sounds like you agree with me that this final summary order from an arbitrator has no it's not binding on us at all right that is correct right gentlemen you have questions for our friend from the county attorney's office while he's still here all righty sorry judge they have an explanation why he wants other than to put the fences even with each other is there a reason to move it to that extent outside of the trees he well we can ask the applicant that when he gets oh okay never mind all right thank you um gentlemen anything else for staff yes somewhat um the email that we got from the Home Owners Association is asking for us to hold off on making any decision for a period of 6 months is there any sort of precedent for that no I mean I've thank you I've I've it's it's happened where we've moved and voted to continue a a an item until the the following month but for a period of 6 months until until legal matters are cleared up that's that's not okay are you the applicant sir yes sir saving me a lot of talking I appreciate that if You' share with us your name and address for the record please Malcolm Lee Carpenter 531 huxford court all right sir what do you have to share with us first of all I'd like to let the board know that the HOA expired in 2019 we do not currently have an HOA they are a corporation we have a board of a corporation Board of members of a corporation the HOA has expired I know this because I was the last HOA president and was brought this was brought to me by our attorney and her advice was to step down since we were not an HOA and we did not have the votes to become an HOA so there is no HOA the prior fence was put up even though we did have a acting HOA they did not know they were not they did not know they were invalid I did get their approval for the existing fence that I have up but the hoa's been expired since 2019 which is the year I moved in and paid my HOA dues well let me let me suggest this because you do have limited time to speak you could have as as as our friend from the county attorney's office was sharing you could have the most powerful valid homeowners association in the world understand it's not binding on this board that's that's that's binding between home owners put that on the record so beyond discussions of the Home Owners Association what what what would you like to share with us I just want to extend my backyard to put put a pool in that's all I'm trying to do and I'll probably cut the trees down so uh they won't be in Jeopardy of falling on the fence or into the street I have plans on cutting the trees down as well got gentlemen you have questions for the applicant no no thank you sir thank you is there anyone in the audience to speak in support of the application is there anyone in the audience to speak in opposition come on down and before those in opposition speak um it is protocol for the applicant to have a rebuttal afterwards if he wants yeah if if requested yes yes sir if you share your name and address for the record please yep it's uh Eric princehorn I live adjacent to this property I live at 613 bergham uh we have the easement separating us in the two um these pictures don't really show it cuz they're in black and white but um since this since Malcolm has moved into this property we have been harassed by this individual since he's lived there he does things behind the cover of his I want to stop right there we're going to talk about Land Development code and and planning type issues I I have respect for what you're saying but that's that doesn't have a bearing on our decision gotcha okay um it to me I feel it it I believe it lowers the value of my property and when we walk out our door we don't have that view anymore there's that that that privacy fence is continued down to the street which we have a picture here of what it would looks like without the privacy fence there and then one when it's there it blacks our view from when we walk out our house all we see is white dirty fence just so the record is clear yeah please share with us what we're looking at okay um and ma'am if you state your name and address too please my name is Crystal fror and I live at 613 ver place as well thank you you're welcome um what is going on is this is where the fence was previously in the pered was granted and the process was done correctly he has since come down and added this part of the fence on and if you look at right here this is where it sticks out 2 feet on 2 feet 7 in onto um existing property we also have a survey that shows where he is going on to property and and everything as well so that you can see um where he's crossing over right here on to property that he does not own um and on that ma'am on that map ma'am could you point where your property is this is my property oh I'm I'm sorry I misunderstood I'm sorry please go ahead all right this is my property um this is his property over here and what's in between your property and his property that's a public an easement common area Okay uh the homeowners association uh is the one that is in charge of that area okay this is our front door here so when we walk out this is the view we get I mean our door is even at that angle and so what we're upset about or not happy with right now is that our ability when we look out to see the Street to see across to see in our to our neighborhood we now cannot because we have a fence here that is blocking our his area um blocking the view blocking the view and it also provides semis spot to perform nefarious acts um UNS without notice are are you saying that what he's requesting would put his fence off of his property yes correct he already has it off of his property property he is requesting for y'all to approve it and let him keep his fence off of the property he put He put it in that survey again so we get an idea okay and is it possible to zoom in on that corner of the lot that you're trying to indicate you want to take the pictures off okay that's fine I have a another copy at home we yeah we have the hard copy keep h of this okay and where is the fence that he wants to okay he has put this fence in here where it Jets out towards our house and then straight down and he's wanting to take his fence now all the way down that way I guess and your issue is when we walked out our let me finish my question I'm sorry your your your concern is one it Blocks part of your view to the street but secondly you're saying that the current fence and the proposed fence are off of his property so he's asking permission to put a fence on land it's not he doesn't know correct not okay Mr kinson any questions is it visible on that survey how far away those two additional panels that were put up uh how how far away those are from the sidewalk this this is the concrete sidewalk right it's like 3 says 3 ft maybe it says three foot symbol in the nest all right and could you go back to the picture showing the the fence the before and after yeah thank uh the bottom one please and then the bottom one the variance application says that the proposed fence is going to be 2' 7 in away from the side walk coincidentally the same amount the same distance that the new panels are alleged to be in the common area uh not the property of the applicant but also from that picture it does not look like those panels and 2' 7 in from from the side walk I it's it looks like it might be even closer than that looks likea do right out right the applicant will have a rutle then we can ask him okay thank you for your time thank Mr Carpenter would you like to yes share your thoughts this all started because my fence guy told me I did not need a permit for two pan three panels or less just so you know we we've heard that kind of thing you're not alone the pictures don't show Justice uh this current photo here the top one that pan that panel is out too far this way it should go in another I believe it's 8 in before the box that that's where the easement starts on the left side of that cable box so yes that panel is out too far but as far as the property line that is my property line on my survey it is not straight it goes at an angle that back part goes at an angle and that it is lined up with the property steak in the ground gentlemen any questions so what you want to accomplish is all I'm trying to do I'm sorry all I'm trying to do is I need did you finish your question sir Mr Carter I'm I'm sorry he had finished this question may give an answer to a different question okay bear with me um the two panels that you put in are admittedly off of your property and all you're asking for today is to move those two panels back in compliance with the your property correct that's all you're asking and to add the fence along here make my backyard bigger where add the fence on the side where you want to outside the tree so you can put the pool yes sir okay the that that wasn't addressed by the neighbors only this am I correct yes the only you addressed was the two panels which will go which you're asking to put into your own property yes sir and would that be would you need a variance for that I need a variance to run the fence I need a variance for this we're I'm not talking about that now we've already moved already Yes I need a variance for those panels yes put them back on your own property yes that's your goal yes sir to make it correct okay if I could clarify um might to zoomed in so these two fence panels here um would this is the other side of the panels right the trees are over here along this side these two fence panels would have to be moved back um where he's requesting the variances somewhere let's just say I'm I'm not a surveyor but somewhere along here MH um so these Fen fence panels would have to be moved back um also I wanted to point out um this dotted line here is approximately what he is requesting for the fence what is subject to this variance um for the N can you zoom in there is um where the fence currently is like all this portion of the fence is not subject to the variance that fence is allowed to be there MH um this port where the fence currently is the fence is allowed to be there what would be subject to the variant would be this section here if you can see that and then of course this fence going this way so this is what necessitates the variance not this part of the fence where the neighbors you know where they currently see it um but this added part here is what the variance is for okay so if I understand the neighbors objected to the two panels because it blocks the view to the street but those two panels are already there they they weren't approved though yes and they're going to have moved but they're already there and he's asking for a variance to move them back right okay and then in the front the other side uh we're we're going to put what the variance is going to come outside the trees but he says he's going to remove the trees right to accommodate building is pool right and and the new fence then she needs variance for that because it changes the distance am I understanding that correct it's it's because now the new fence will be within that setback okay how many feet does that change and what impact does it have uh the fence currently seems to be he wants to move over where the lines are be 19 yes sir okay guess what I fence currently is is 19 ft 19 well from here to here is 20 so I'm not quite sure 19 is the right number from the side of your house to the property line is 20 ft Miss what youall are working on we can't see on the screen if we can sorry about that camera's being weird all right so from the side of the house currently to the side property line on both sides is 20 ft and he's asking but but there's a fence there right and how many what's the distance of the fence to the street well he said it was 19 but that's not possible can't be I don't know um it seems that there's a a 12T easement here it seems to me like it's more like the 12T cuz it's right on that easement line so it's probably more like 12T so 12T proposal that he's seeking be 12 from the it's currently at 12T currently it's going to be less it's currently at 12T he's asking to move it to 2 feet 7 in I believe to the sidewalk yes so it's going to be very close to the sidewalk well it's measured from your property line not the sidewalk so if the yeah that would be 2T 7 in from the sidewalk right but the the variance is measured to the property line uh don't want to move this but if you see here on your drawing see how the sidewalk is a little away from your property line that dark line is your property line the sidewalk is below it so it's going to be measured from your property line not the sidewalk so how many feet with the new fence proposed fence be from well what he requested was 2 feet 7 in from the pro from the pr property line proper line yeah and and the sidewalks outside of that correct but the neighbors didn't express any concern for that there was only the other the other fence well that would be this portion of the fence is what their concern was expressed and I just wanted to clarify that the variance was subject to this whole section here okay so the two panels are part of the new proposed fence the the two the two panels are currently in violation correct but what he SE straighten them straighten them and pull them back and then from the point that it's pulled back to continue along the edge of the house maybe I'm misunderstanding that are we talking about two different locations yes so where the the fence currently exists here yes these are subject to the code enforcement violation as they were put up without a permit he's asking to remove excuse me remove these two panels um and reconstruct the fence in the proper location okay along the property line and then bring it approximately here and run the fence along this way as the current fence is inside the trees he wants to move the fence outside of the trees okay so so that is part of the the new fence that he's going to put up got to this part of it is I'm just going to move it my brain's just not connecting to this okay now we're looking at that picture where are the two new panels that are in violation these are the two panels right here oh they come out yes so these are going to have to be removed okay now I see cuz you see you see the little cable box right there right here yeah no I don't see the cable box circles around it oh it's on the outside of that you see the panels just behind the tip of a pencil yeah yeah yeah yeah okay so this will have to be removed and then he's going to he would he's at he's requesting to replace the fence but at this black dotted line location it would just be straight it wouldn't jut out like like it is now right okay so I understand okay and and the new fence coming straight out rather than coming out this way is it going to have the same maybe we need to ask the neighbors is it going to have the same effect of blocking their view of the street it'll block it slightly less because it's not not going to stick out towards the sidewalk as far the pictures don't seem to be lift it up just a little the other one so instead of the fence coming all the way out here it'll be further over okay so that the part where it comes out is going to be taken away not entirely but some but but it's just going to come straight across Miss pyton if you could maybe with your pencil there if you could Circle the bottom of the fence post that will be moved back behind that cable box and then from where it's moved back will be where the dot move back to where those dotted lines are and then perpendicular to that will be a new fence that he wants to install along the dotted line so the objection is not to the new fence coming out the objection is that the additional part blocks their View I think sounded like it mm but whether I whether I put bushes there or bamboo whatever I put there is going to block their we're not no we're not we're not do that and I think we're at the point now we probably spend enough time on rebuttal we more than fair thank you sir for your time Miss P you said this and I'm sorry my my brain's not remembering what was traffic's comment on on the proposal traffic engineering and no objection to the placement of the P all right gotcha gentlemen your thoughts pleasure so as you said whatever decision that we make whether we choose to approve or deny the variance the applicant still has his own homeowners association SLC corporation that they still have to approve the fence addition if not then that homeowner has to deal with them if they don't approve of that there might or there might not be third parties who might have a say on what happens within the neighborhood but it's not in any way binding on us you know they have the ability to impose upon themselves restrictions greater than what the Land Development compy imposes on them and and not for the sake of making a decision the fact is if the homeowners association is not properly organized they may have no voice anyway they may not dependent if everybody lawyers up with happens I don't give anybody any ideas or thoughts is there a motion chair we'll entertain a motion I move to deny we have a motion to deny do we have a second I'll second it so we can have the discussion okay judge it's your motion what are your thoughts well my concern is it's coming so close to the sidewalk and it's they've still got other issues to resolve and what we decide today my question would be does it preclude them from coming back if if we say no yeah I think uh they've got what a year to come back if we deny something they can come back if they have a a different request yeah you're right but for the identical one though it would be um I don't think there's a time limit on it I guess I'm think zoning I'll need to consult the code right now and see what the time limit on there if there's a denial and if they come back with an additional request it has to be a substantive different request than what was previously asked for so let me look real quick on what the code says we can talk about some other things while staff checks into that so uh before before Council leaves if just theoretically speaking if the homeowner's variance request is denied could he come back and ask for a virtually identical one but back say an additional inch that would be would that be enough to make it substantially different from the original one that got denied that they wouldn't have to wait the year I think that would have to be circumstantial and you take them on a case-by casee basis and you I think staff would just would have to see what's what's put under their nose maybe Miss Hamill you you had comments Kathy Hamill development services they can come back every single month for variances and ask for the same variance you cannot do that with rezonings you have to wait for in a year you can change your resoning but on variances our code allows for them to come every month for the same variance that the homeowner would have to pay the fee every single time though right absolutely okay that's what is not being shut out no I mean it's it's it's it's uh still America it's come before us he's we've had a quasi judicial proceeding and we have a motion in in a second on the floor my my you guys have probably heard me say before I I where I lean a lot of times is uh if if neighbors come in with reasonable concerns I have a lot of respect for that when someone's wanting to come in after the fact and have something that's a change to the game and in this here I think it is reasonable to say hey suddenly there's a lot of white vinyl that's being moved towards the street that when I step out my door when I try and pull out of my driveway uh it interferes with my view and I I I you know some people reasonable Minds can disagree but I I think that's that's not a frivolous concern but that that's just me um I'm tending to agree with the judge and strangely enough not because of anything we got from the honer Association which could have but didn't come before us today to talk to us in person that's that's their business um not really due to anything that the the next door neighbors said because realistically speaking two fence panels when you're looking at degrees on an arc such a very small portion of the view that's actually being blocked out what I'm more concerned about is the distance that the new fence is going to be placed to the existing sidewalk which based on my research of the neighborhood appears to be uh out of character judge you have the last word on your motion nothing further I just you you put the nail on the coffin for what I was thinking in terms of distance and safety all right so no sir so we have a a motion on the floor to deny the application and all in favor of denial say I I I opposed all right so you you've heard sir the motion the application is denied you have opportunities you can work with staff and they can tell you what to do either in appealing this or modifying your application and and they after the meeting or later on in the week they can answered that question um number nine item number nine is a variance request for 432 Homer Avenue located in the San Lando spring subdivision the request is for a side street setback reduction from 25 ft to 0t for a privacy fence in the r1a zoning District the subject property is a corner lot and has two front yards for setback purposes the front of the house faces Homer Avenue the Barton Street side is where the variance is being sought the request is to bring into compliance the construction of a 6t privacy fence entirely in the side street setback the privacy fence is 20 ft from the edge of pavement and without a sidewalk to encroach upon traffic engineering is no objection to the placement of the fence as it relates to site visibility a code enforcement violation number 23-37 was issued for the structure resulting in the necessity of this variant this concludes my presentation onail for any questions thank you m'am gentlemen any questions for staff uh yes I see that there are some utility poles located along the northern perimeter of the property are those enclosed by the fence or not I'm not sure I don't believe so no just we can ask you that when you come up Sir okay I don't I think but not just not just yet hold on it appears not my question was going to be whether in a stop a letter was going to be needed for utility easement but if they're not enclosed if they're under utility power PS then we usually require a letter but I believe they're outside of the property in the right of way very well thank you judge you had a question is is there already a fence in place um they did place the fence without a permit and they got a code enforcement violation for it okay okay that's all I need to know all right now sir please if you would uh share with us your name and address for the record uh Ronaldo biso I live in the house 42 Homer Avenue yes sir what do you have to share uh I've been a resident of this house for 16 years we replace our fence which is per code previously but the End Street became there was a row of houses at the back of our house prior to the uh I4 Improvement but when the I4 Improvement was constructed uh the row of houses behind us was bought by the government and it was converted to a water pond because the highway has been elevated so that's the this this portion is is now a dead end and uh the contractor who's maintaining the water Pond uh every month or so uh they come over so they take their lunch their nap time inside of my property but outside of my my fence now previously my master bedroom which is you could see here it's out outside of the fence so my wife is uh uh not feeling good because of her privacy because there's uh people taking their their uh lunch their uh snacks and then they congregate near the trees and then they throw their garbage in I tried to put a a sign that this is private property no TR sping but most of them don't understand so I hate to uh and the other thing is it's a dead end so at night time there's uh people Moonlighting inside their vehicle and I don't know what they're doing that was that was going to be my question yeah so uh we'll uh we try to maintain that outside portion of uh our property which is uh but right now it's difficult to maintain if it's there's people every now and then going so uh is there is there a picture of the fence um not of the existing fence um the fence that's there is the old fence right yeah but I send I send it to to the lady is there where's I4 in that picture I4 is is here oh which say Barton Street behind to the left it's here near the Barton okay no it's not it's that way to the left where yeah you can see it on the one on the left where's this site no yeah on the on the west side of is it accessible is there something blocking people from coming from I4 no there's no direct access this is the 434 here's I4 and 434 this is the place that's got like the granny nannies so they're back here stuff so the back of his property there's I4 with the back of his property okay I'm familiar with that yeah I know that okay so security is over there too I think yeah he's no longer D sir they keep moving around what are they running from Millennials gentlemen any any questions for the applicant seeing none thank you sir for your time thank you is there anyone else in the audience to speak and supporting the application is anyone in the audience to speak in opposition all right your pleasure gentlemen Mr chair move to approve a motion to approve and a second uh all those in favor I I opposed all right sir I hope you get a bit more privacy thank you all right we have two other things to chat about before no three other things before we can go home first is to talk about Mr Paul who I I I feel bad I just learned this tonight is is leaving the county attorney's office are you are you retiring or are you going to do your own thing he's a traiter did I hear traitor from somewhere in the a in the audience no I am retiring oh good good for you you've you've done I've seen you here I've seen you in other applications working for the county attorney's office excuse me you've always done a wonderful job thank you thank you for everything you've done I appreciate that thank you very much it's been a pleasure oh enjoy enjoy no tie and oh man wonderful for the occasion no cake t no going to away cake not yet uh we have have to deal with officers going forward um or did you want to introduce that or am I am I overstepping my bounds I think you had a long speech you wanted to give so first of all the minutes if we can do that first really quick to get a motion did everybody receive the minutes chair would entertain a motion regarding the minutes a motion to accept the minutes as submitted motion to accept we have a second second all right those in favor I there we go thank you um question would you guys want to wait until the next meeting until we have more people or are you guys comfortable to proceed with the election of shair and vice chair I would be more comfortable waiting until the next meeting panel all right let's do that let's why why don't we do this when the chair would ENT a a motion to continue officers till next month so moved all right we have a second so moved all in favor all right all right all right next month thank you good job Jay with that we stand adjourned thank you all so much [Applause] h