##VIDEO ID:-3aQQmyn26E## e e e e e e since and appeals we are going to call the meeting to order um please stand with us for the Pledge of Allegiance I pledge allegiance to the flag of the United States of America and to the repic for it stands one nation under God indivisible with liy and Justice all right Miss Kim roll call please chairwoman Smith Rodriguez here Vice chairman Taylor here member beckles here member vanen here member Wheelis here all right we have a quorum um next item on our agenda is the approval of the July 24th meeting minutes so if you want to take a look at that I'll entertain motion when ready I make a motion to approve the minutes for July 24th 2024 I have a motion do I have a second I'll second the motion I have a second any discussion no all in favor I and hearing five eyes no opposed all right moving on to what we're actually here to do I'm going to cover a couple of the Quasi judicial procedures so my oh hold on one go back see there I did it like Al does I scroll down too fast okay all right I'm going to read a notice first all persons who anticipate speaking on any public hearing item must fill out an oath card to be heard on that agenda item and sign the oath contained thereon these cards are located on the table near the entrance to the council chamber or they may be obtained from our recording secretary this meeting will be conducted in accordance to the procedures adopted in resolution 24997 those speaking in favor of a request will be heard first those opposed will be heard second and those who wish to make public comment will speak third the applicant may make a brief rebuttal if necessary a representative from either side for or against May cross-examine a witness anyone who speaks is considered a witness if you have photographs sketches or documents that you desire for the board to consider they must be submitted into evidence and will be retained by the city you may submit those exhibits to our recording secretary um sir you are a party of one in here did you fill out your oath card I did okay all right um to our staff have the items been properly advertised yes it was thank you and to our members have um any of you or us visited these sites or spoken to any members of the public regarding our agenda items no no across the board and no for me we have no consent agenda nor old business um which moves into new business which first pertains to the election of officers for the baa which is found on PDF page eight the board of adjustments and appeals officers and staff of the bylaws of the board of adjustments and appeals requires that its first regular meeting in August the board shall by a majority vote of its membership excluding vacant seats elect one of its members to serve as chairman and reside preside I think it should be preside over the board's meetings and one member to serve as Vice chair who shall preside in the absence or withdrawal of the chairman um so I guess before we get to that I do have an announcement to make for myself I will not be eligible to serve on this board effective really December 31st would be the last opportunity that would be permitted to serve on this board due to a new position that I'm taking so I will be finishing out the year and then there'll be in theory another vacancy how many vacancies do we have now anybody one just one just one one alternate position okay okay so um I've enjoyed serving as the chair and I would love to continue doing so but I'm only going to be here through December so it's not always practical any other interest in serving as the uh chair Dr Mel's like no Mr whe no M van says no Al back to you hey don't have to train me I know it's on page one I know I know are you um interested in serving starting next month or next year what do you want to do I will serve it whatever time period okay they say we take over okay so then the next meeting September would be the first go yes yes perfect okay okay so we still have to make an actual vote so uh Al Al Taylor has offered to serve we have someone volunteer to bece chair Vice chair okay all right Margaret vanen has volunteered to be Vice chair Dr Eckles are you interested or no oh no I was just she's waving off okay all right so we have a proposed slate of chair and vice chair um any discussion amongst ourselves no okay um I do we have to do a formal vote Kim yeah you can do consensus okay so I'm just going to formally say then for all in favor of Mr Al Taylor serving as our chairman going forward come September I I and our um Vice chair to be um filled by Miss Margaret vanen all in favor say I I I and I for me on both okay fantastic congratulations such a hard I know right all right moving on to um PDF page 10 it is variance number 18-202 24 at 426 6 Alpine Lane staff thank you and good evening for variance 18-22 24 for for 4260 Alpine Lane the applicant is requesting a variance to the Land Development regulations Chapter 30 section 30-1 182 A1 to allow more than the required 4ft maximum height for a fence or wall in any required front yard setback for a pro property located in the single family high density zoning District located at 42 60 Alpine Lane as submitted by Charles federly the Third owner the subject property is 48 acres and the lot is a corner lot with approximately 119 linear feet of Frontage on Maple Place and 170 ft linear feet of Frontage along Alpine Lane these Dimensions meet the minimum 6,500 foot lot area and 65 ft width requirements for the r1c zoning District the use is a detached single family residence constructed in 1957 for the powers of the baa ldr section 34-22 six states that the board shall Grant a variance request when in the opinion of the board of adjustments and appeals owing to special conditions the literal enforcement of such ordinance or regulations would do manifest Injustice to or impose an unnecessary hardship upon the applicant in order to authorize any variance to the provisions of such ordinance the board must consider the following criteria special conditions and circum circumstances exist which are peculiar to the land structure or building involved and which are not applicable to other land structures or building in the same zoning special conditions special conditions and circumstances do not result from the actions of the applicant granting the variance will granting the variance requested will not confer upon the applicant any special privilege that is denied by ordinance to other lands buildings or structures in the same zoning District the literal interpretation of the provisions of the ordinance would deprive the applicants of Rights commonly enjoyed by other properties in the same zoning District under the terms of the ordinance the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure the granting of the variance will preserve the spirit of the ordinance and remain in harmony with its general purpose and intent in granting the variance the public safety and Welfare must be assured and in no case shall granting of the variance result in a change of use which would not be permitted in that zone the applicant is requesting a variance to the Land Development regulations to allow for the construction of a six of a fence 6 feet in height within the 25-ft front yard setback along Maple Place which is 2 feet taller than the maximum permitted height of 4et section 30- 139 of the ldr states that the front setback of a corner lot shall be that yard abing the street with the least Frontage unless otherwise determined on a recorded plat or in a recorded deed The Bard County Property Appraisers website shows shows the house was built in 1957 as part of the Indian River Highlands the plat for Indian River Highlands was created in 1957 there are no notes specifying the frontage on the recorded plat or on the recorded deed however the property is made up of lots 9 10 11 and 12 of block 13 of the plat all which have their narrowest Frontage along Alpine Lane the house was constructed in 1950 on Lots 9 and 10 to face Alpine Lane County property appraiser record show that Lots 11 and 12 were added to the property in 2002 the combination of these Lots changes the configuration of the applicant's property to a corner lot with approximately 119 linear feet of Frontage on Maple Place and 176 linear Frontage along Alpine Lane these Dimensions would require the front setback to be measured along Maple Place the lot does have not have any special conditions or circumstances that would prevent the installation of a fence 4T in height along M Maple place and the applicant also has the ability to add vegetative buffer along the 4ot high fence to provide additional screening the request does not appear to be the minimum variance necessary because applicant has options to comply with the code staff recommends denial of the variance there are no special conditions of circumstances that exist which are peculiar to the land the variance is not the minimum necessary to make possible reasonable use of the property and the literal interpretation of the code would not deprive the owner of Rights commonly enjoyed by others in the same zoning District thank you any questions to staff yeah this interpretation of whichever lot is the smallest dimension on the street is the front yard whereas this house was obviously built in 57 with the front door facing a different street so why is why are we considering this the short lot as the front yard because then you got front yard front yard you got front yards all over the place what what is the what is the def meaning or what is the theory behind that the shortest distance being the front yard setback instead of the actual distance that are facing of the house and I assume that is the mailing address now Alpine yes Alpine is the mailing address not Maple correct correct okay yeah cuz it previously the maple wasn't a part of the property because they when they added on Lots 10 or Lots 11 and 12 it changed the configuration and then by the definition of what the front yard setback is because that ldr 30139 is a definition of the front yard setback and it it is the um it's the yard abing the street with the least Frontage so it's a definition um that's outlined in the code so to follow up with that um in theory on this particular property what is the actual front yard of the property not by definition could technically have a six foot fence they would still need to be set back 25 ft right okay any other questions is that because now with the added Lots it's a it's a corner property mhm okay thank you all right thank you uh first card please Charles fly yes ma'am sir come on up to the podium please and start off by stating your name and address good evening my name is Charles federly III and I live at 4260 Alpine Lane and here in Titusville proceed with whatever it is you think we need to know to make a decision okay um so uh when I originally purchased the home I I thought that side Lot was beautiful it'll make an excellent backyard I know it's kind of weird cuz it's on the side of the house but you know I envisioned a nice fence a dog you know something I haven't had since I was a kid and uh you know I was I was hoping to start a family in that house and realistically if I knew that this was uh how it was going to go I wouldn't have bought the house CU I was you know I saw that and I was like okay this is the backyard and now it's kind of you know half sidey yard half back or front yard so I was hoping that I could use that side Lot as my backyard anything else that you want to share um I don't believe so okay stand by any of our board members have questions for the applicant okay just for clarification the fence that they're saying is not allowed is the fence that's on Maple is that correct correct so are you wanting to put six foot on the street on the Alpine side also yes sir which would fall under that 25 ft correct so the Alpine would be subject to the side corner which would be allowed to be the 6ot fencing along Alpine there is a visibility triangle that they would have to um set back so I believe on page 23 um it has kind of an outline of what that would look like for the 6ot fencing and so without the variance he would need to place that along Maple with a 25t setback but be would be allowed to have the six foot to the property line on Alpine and the street to the east to the West would be allowed to have a six foot also that's an interior side on the west right look no it's not hang on I'm sorry not the not the way I understand it it's a well maybe it is an interor all right all right yeah the other the other two side the side and rear are interior and they would be allowed to have the six foot okay so that would be so basically you're saying from the the corner of the house all the way to the back corner on Maple would all be 4 foot the way the code is said is that correct uh I believe so um I was just hoping to use Lots 11 and 12 as the backyard so I could have it 6 foot pretty much the whole perimeter except for that visibility triangle all right I staff could you clarify so we we did offer to complete an administrative interpretation to for the front yard to remain as Alpine but that would still require the 25t setback along Alpine and then to go um then it could be six foot around Maple and all the way and then moving forward with the current um with the way the definition is without the interpretation any varant anything he try uh would like to place in let 11 or 12 moving forward would require a variance because that's technically the front yard a swimming pool wouldn't be able to be placed within the front yard with that def with the way the definition of the front yard is a shed or anything would not be able to be placed there with the interpretation the administrative interpretation to allow Alpine to remain the front yard or to be the front yard um with the addition of the two two lots would allow him to have those requests in the future without needing a variance to clarify by Tabitha the 6ot fence on the technical front yard could be placed 25t back from the property line it could be placed 25t back from the property line at 6 foot or along the property line at 4 foot and then you can always add your vegetative buffer there's no height restriction so why why was the administrative interpretation not requested or follow through follow through because did you have a discussion with sta about um administrative interpretation like she just said I did yes ma'am okay so what are your thoughts uh well I was hoping that um I know it it looks like the front is Alpine but I was or Maple but I was hoping that that whole side Lot 11 and 12 would be considered my backyard so I could Encompass it with a six foot fence around the perimeter not including that triangle I hear you I guess I'm confused can you if if an administrative interpretation is or was followed through with where do where are we at on that for this what applies so along Alpine right the longer front of the lot like side of the lot the fence would need to be set back 25t which it's I guess it's not possible procedurally has the administrative interpretation been initiated no and what needs to happen for that to happen that would need to go through to the administrator for to be completed so I think the question was for the applicant why didn't you go forward with that process okay I'm sorry um so the reason I didn't want to go through with that is because I'd have to set it back on Lots 11 and 12 and I was hoping that would be considered my backyard so I wouldn't have to set it back so you don't want to push it in 25 ft into your backyard correct so practically speaking if an administrative review was done interpretation it was granted the way that we've just been talking about the fence would be there it would just be 25 ft cut in and then in the future a shed a swimming pool whatever else could really go there with no issue correct pending that those future shed or anything met the other required Cod departments and if this request for the variance is not granted today the 4 foot fence would be a long Maple M and then how high how tall against um Alpine six foot the whole the whole length of Alpine could be six foot except for this the visibility triangle for the corner but it still has to be set back how far not along Alpine at all no but Maple has to be set back yes 25 cent definition for for it must be set book 25 ft for 6t and how back how far back for 4T none at all just property line property line okay so sir I don't know what your plans are for this property but have you considered all that deciding whether you are going to do something in the future in your backyard well as of now I was hoping to to get a dog and I know a dog would jump over a 4ot fence most likely um but I spent you know a lot of money on that yard on that lot hoping I could use it and if it's cut back on you know either side because of my front yard issue it's kind of I feel like I I made a bad decision and you know I wouldn't have purchased the house all right any other questions for our applicant no all right so you can have a seat any questions by the board for staff uh I guess ask counselor on this one would right now it's set up as different Lots were it were he to make this all one piece of property would those lot lines disappear it is one piece of property I know but it still says lots and so therefore the setbacks are there I mean if if it were not if it were just one contiguous big number shall we say from the tax Appraiser's office as a lot would that still apply yes those lot lines are relatively in insignificant to the determination that you're making they do not impact the property's ability to have a fence where the applicant is requesting to put it the lines that were platted do not impact what the setback is the analysis for the variance looks purely at what placement for the fence is requested as it applies to the parcel being X number of feet in lot in length and width and based on the staff making a determination based on the length and width of the single lot that the determination is that the code says Maple is the front yard and the front yard setbacks apply to the maple facing portion of the property and based on that the applicants requesting a variance to allow a six- foot fence in the front yard set back as it's presented how many feet are from Alpine to the house is that on one of these piece of paper it is not on the surfing come up to the uh microphone please um if if you mean the two lots I think it's 88 feet from the property line to the front of the house so oh which is not on the so on page 23 page 24 has a survey with measurements and you can see the width of each Lot 12 and 11 or 44 I think that's what you're looking at okay well I mean I was thinking in strict definition terms if somebody wanted to put a swimming pool like a lap pool right on Alpine where the driveway is that's technically considered the backyard then and that would be permissible despite it in reality being the front yard where's the front door sorry well Alpine say Alpine's a front yard by definition Oh no you're right a maple right so the side corner y so in theory a pool like a small lap pool could go right there off Alpine where the driveway is pending on it met all setbacks in theory yeah what you so I'm sorry to C you can you're welcome to sit back down if you want um I mean to me the spirit of the code is still met by allowing a six foot fence on Maple but I have concerns about then this just snowballs for the next thing and the next thing and the next thing the administrative interpretation sounds quite reasonable but I understand it's going to cut a good chunk of the grass off on the one side I also understand that it's quite reasonable to put a 4 foot fence in bamboo any discussion further by uh by putting a six- foot fence at 25 ft back off of maple oh running parallel to Maple on that what's described as the front yard that's that's a legal approach correct it he could put a six foot fence 6ot fence 25 foot back off Maple yes sir that would leave in excess of 60 ft between the house and the and the fence in order to put in a pool and yard and whatnot it's not an unreasonable requirement it's uh and yeah it's it's unfortunate that uh there's no way to address this that would work for everyone but if we look at um the overhead photograph uh it shows that there's a residence directly across the street on Maple that would be facing your six-foot fence which is probably not a desirable outcome if there's no more discussion or questions to our applicant or staff I will entertain a motion when ready so basically what this comes down to is whether it's to be in compliance with everything whether we shave off 25t off of maple or 25 fet in from Alpine right so that all can be done without a variance one could be done with an administrative interpretation and granting the variance not a problem for a dog will be a problem for a pool and everything else sir it's going to be a minute you can it down okay thank you the administrative remedy that they were talking about he just let out refused to do that or is that still an option for him I think it's still an option but um it sounds like the applicant didn't want to lose the 25 ft from Alpine inward so this is really all about that 25 ft I mean that yeah okay Madam chairwoman I won't be able to support a u a approval for variance am I to interpret your statement as a motion to deny the variance 18s 2024 you may I have a motion to deny the variance um reason required first if um Mr Willis if you would please offer a reason for your Mo motion which those grounds are found on page 17 of your PDF it gives rights to the uh property owner that are not um available to other citizens okay I have a motion to deny do I have a second a second it I have a second any further discussion amongst ourselves seeing none roll call please chairwoman Smith Rodriguez yes Vice chairman Taylor unfortunately yes member beckles yes member vanen yes member Wheelis yes so sir I want to make sure you understand that was a motion to deny your variance and we are all voted yes to deny the variance it's not to say you don't have options it sounds like you might want to get back with the city and consider other options maybe an administrative if that's still on the table um or perhaps just moving the fence in so you have a very unique set of circumstances we understand it there's just a lot of rules so thank you for your time in attendance you're free to go thank you all right bring us back to our agenda items um any petitions or requests from the public present seeing none any reports staff no no Miss barl no you're going to miss you yeah I'm going to miss this I really enjoy this board I don't even know how many years it's been I think it's been almost maybe 10 nine I don't know so 11 or no really been retired for years you were on the board after I started and I haven't 11 I did yeah you I'll have to Google this later well I really appreciate the opportunity to serve on this board I've enjoyed serving as the chairman of the board and I will miss it and I do hope that you all can f what's going to be two vacancies so I'll be here through um through December so I think that's three more meetings right September October and uh joint yes season meeting okay um aside from my news any other information from the board that you'd like to share do we have a meeting next month do you know I have two variances currently so yes okay all right folks then that's it I'll we'll see you in September meeting adjourned e