pills meeting for February 28th to order and uh and first thing we do is if you wouldn't mind joining me as we turn in face the flag and pledge allegiance to the flag I pledge Al to the flag of the United States of America to the stands na God indivisible jce for thank you may we have a roll call please Vice chairman Taylor here member beckles here member van diven here member Wheelis here alterate member John Green here very good so we have a full Quorum here tonight of five um first up is the approval for the minutes of January 24th 20124 were there any corrections or additions that anyone noticed that needed to be added to minutes didn't see anything not seeing anything staff y'all all happy with it too okay uh I'll take a motion then please I move to approve the minutes have a motion have a second all right member beckles thank you all right uh all those in favor please say I I any opposed say no all right passes unanimously unanimously that's that word uh okay okay got a little speech to read here so hang in there all persons who anticipate speaking on any public item to be held must be fill on item tonight must be fill out an oath card to be heard on that agenda item and sign the oath contained their own these cards are located at a table near the entrance to the council chamber and may be obtain or may be obtained from the recording secretary this meeting will be conducted in accordance with procedures adopted in resolution 24-1 1997 those speaking in faith of a request will be heard first those opposed will be heard second and those who wish to make a public comment on the item may speak third the applicant may make a brief rebuttal if necessary a representative for 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 commission to consider they must be submitted into evidence and will be retained by the city please submit such exhibits to the recording secretary and I believe I saw y'all over there at the podium already filling out your paperwork yes very good thank you um staff have the item before us tonight been properly advertised yes the item has been properly advertised okay members have any of you visited the sites or spoken to anyone in the public regarding any the item that is on our meeting agenda tonight I have visited the sen did you speak with anyone absolutely not very my way here this evening oh okay so it was a driveby it was a driveby okay you did a drive [Music] by okay so we have acknowledgement we do have a drive by very good I am sure that I have driven by it many times myself over the years but not in the last week or so uh we have nothing on a cazen agenda our old business so we will move directly to uh item number two under new business variant number 4-20 24 at 680 Concord Avenue so staff will you please enlighten us thank you this is for variance number four 2024 for 680 Concord AV the variance request the applicant is requesting a variance to the Land Development regulations chapter 28 section 28-34 c to allow a side corner yard setback of 15 ft instead of the required 20 ft for a detached accessory structure for a property located in the single family medium density zoning District located on 680 Concord act Titusville Florida 32780 as submitted by Robert Carden owner the subject property is 0.25 AC acres in the lot of corner lot with approximately 100 linear feet of Frontage on Concord ab and 109 linear feet of Frontage on Gettysburg Drive these Dimensions meet the minimum 7500t lot area and 75t width requirements for the r1b zoning district and it does have a detached single family residence that was constructed in 1967 and before um get into the analysis the powers of the um Board of adjustment and appeals the ldr section 34-22 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 the necessary hardship upon the applicant in order to authorize any variance to the provisions of such ordinance the board must consider the following criteria special cons conditions and circumstances exist which are peculiar to the land structure or building involved and which are not applicable to other land structures or build buildings in the same zoning special conditions and circumstances do not result from the actions of the applicant granting the variance requested will not confer upon the applicant any special privilege that is denied by the ordinance to other lands buildings or structures in the same zoning District the literal interpretation of the provisions of the ordinance would deprive the applicant of Rights commonly enjoyed by other properties in the same zoning District under the terms of the ordinance the variance granted is the Min 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 and 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 so with that the applicant is requesting a variance to the Land Development regulations to allow the construction to allow for the construction of a shed with a 15t foot side corner yard setback instead of the required 20ft side corner yard setback the proposed shed placement is along the west side of the house bordering Gettysburg Drive the principal structure has a um two 25.9 foot wests side set setback the applicant is intending to place an 8T X 20ft shed within 15 ft of the property line leaving two uh leaving a 2.9 ft offset from the shed to the home the Land Development regulations and the Florida building code do not have a distance requirement between the accessory structure and the primary structures the applicant states that the property is a corner lot on a dead end Street surrounded by a 6ft tall vinyl fence and trees helping to Shield the shed's outline Gettysburg Drive is a dead end road that abuts a preserved tract owned by the homeowners association for the neighboring subdivision Plantation Oaks in 2023 a building permit for a 6-ft vinyl fencing was approved placing fencing along the west side of the property towards the front of the house the lot does not appear to have any special conditions or circumstances that would create a hardship that would prevent the installation of a shed within the required setbacks staff discussed with the applicant the option to relocate the shed further Southeast to the minimum 20ft rear property line setback and the property only stated that there were trees on the property the impacted the shed placement staff recommends denial of the variance the variance is not the minimum necessary to make possible reasonable use of the property the shed would not encroach into the 20ft setback have moved over to the east side of the property and there would there appear to be no other structures or obstacles within the backyard that would minimize the placement options there are no special conditions or circumstances that exist which are peculiar to the land the lot conforms to the r1b zoning District Dimension requirements and granting the variants could provide special privilege that this otherwise denied by ordinance the literal interpretation of the code will not deprive the owner of the rights commonly enjoyed by others in the same zoning District however if the board was inclined to approve the request staff the staff will recommend a condition that opaque fencing or Landscaping with a minimum height of 6 feet be maintained as to screen the accessory structure from the street thank you staff are there any uh questions that anyone the board would have of the staff at this time okay all right so at this time no questions of staff on this we'll open it up for public hearing may we oh I'm sorry I didn't your like an administrative question more so than anything else okay here on the on our in the actual um application it says a height of size feet instead of six yes I do apologize for that I realized as I was reading it is six foot 6 feet minimum height of 6et be maintained is the do that be corrected like in the minutes or anything before we that's just the staff report so if you were to move forward with that as a condition that would be accurately reflected in the what you vote on tonight got it okay thank [Music] you that okay I don't see the word six okay all right thank you for catching that I didn't see that all right in this case we'll go ahead open up to the public may we have the first card please Robert Carden welcome Mr Carter if you would give your name and your full address for the record please my name Robert Cardon 680 conquered Avenue Titusville 32780 um can I begin ah well it's we've we've been here now about a year and a half we started the when we bought the house we moved down from um North Carolina although we're both from Florida uh over the years I retired here from the military and my wife is a grew up in Miami as a um but we missed our family and we came back um but the we bought the house specifically because it was next to my sister-in-law and but the house needed some work um you'll you you know we of course honey the first thing we had to do was a new roof and because we needed as soon as we got the fivepoint inspection we got killed in the new roof time um then uh subsequently um a new sewer system from the house from the from the street to the house and all the water systems of course that had to be replaced as well but at that time we always knew we wanted to put a shed in the back um so we had made plans for uh you know that when they did the sewer lines we made sure that the the pump out or the the clean out was not in the way and the spr we moved the sprinkler heads around so that wouldn't be affected either uh when I took the measurements that we didn't have a we have a we had a fence we have a fence around uh the rest of the property which is a 6 foot Cyclone Fence I think it's six foot it might be taller but um so we took the we took that section the that section down because the side is 2500 ft it's 100 by well a little more than 25 but that was ideal spot for the uh for the shed we thought so when I took the measurement I didn't pay I didn't really look at the uh at the survey I took out of tape and I measured it out and I got to the curb you know to the sidewalk and I said oh that's good but I didn't know that that there's a strip of of land there that's on on the inside of the sidewalk that's not ours so that that when I learned that when I applied for the building permit for the shed so that was a bit of a setback and and here we are uh in point of fact the the the shed is 6 foot um and we did put it up and if I can bring you some photographs if I could please is that allowed yes sir all right will you be able to leave it with us though all right sir that's the fence that's the fence okay yes the fence the gates there and um the actual uh the shed would start 30 ft back from the front edge of the house so it's a good distance back and I think right now it's that you know of course it's it's partially camouflaged by some trees and that we have started um other than that U I'm hopeful that you'll you'll grant us the uh the variance and um uh it's a little confusing when you when uh it the young lady mentioned moving it to the southeast because U that's that would be a little difficult to get to back in there considering that it it's it's it has a a Cyclone Fence completely around it um and this and it would be an impact on on on the view of the of what we have in the in the back of the house with the Shrubbery and the what have you it's nice to have a green belt there uh in the back it really is it that that was one of the one of the pluses that we knew that we were going to get from that with the owl at night that we hear and and the birds and such so um but uh hopefully we'll um we'll take it from there if I can answer any questions I'd be happy to I'll ask one what color have you chosen for this shed to be the color of the house blue uh it's a it's a pale blue similar to that with a with I think it's a white trim yeah okay yeah so is matches the house yes has two windows and uh two doors one on either end oh okay so and it has access directly from the garage door in the back we can walk directly there uh right into the right into the shed that would help a lot okay sir other questions and looking at your survey sketch uh you indicate a a tree behind the house directly how big is that tree is it uh I that's that's not not that it's it's a flowering it is that one in the corner oh that's a wild tree it was in a sister uh I would say six feet tall and then there's a point Siana which is uh growing there almost in in front of the uh of the shed that's about 6 feet five or six feet it it took a hit on the winter but it's doing okay okay thank you do I see anybody else has any questions with this witness question okay thank you very much appreciate it are there any other cards no sir very good well then we will close the public discussion and bring it back before us um as a board and uh are there any further questions of staff uh staff I'll ask one question you had recommended it to put it on the other he said north I mean Southeast I believe you said northeast corner to be in the backyard if that's not correct if that's correct uh is there room to get a shed in there in that much space with existing or if y'all has anyone from staff been there is what I'm trying to ask no staff has not been out to the property itself it was going off of the survey for the moving it to the Northeast in the rear all right thank you anyone else questions for staff or comments back and forth box this and looking at the photographs uh the the fence uh does a very good job of pretty much disguising anything that might be behind that between that and the house um and given that the property was built in 1967 um not too sure that we had 20 foot side yard setbacks in 1967 so that's that's kind of one of the things that's seems to keep cropping up is houses are built with specific setbacks and the code comes along and changes it and essentially in my opinion it's taking away some rights that the property owner have expectation of being able to develop the property in the manner that they they built the house for so that's uh I don't know how we address that other than saying um we'll mitigate it with the six foot fence maintain it and allow it to go ahead the way it is okay are there any other discussion or comments anybody has comment did a drive by on the way here this evening it's a beautiful home very well maintained new roof brand new fence um Richard was asking about a tree in the backyard they have a tree out front several trees an old growth Pine and palm on the corner that really just set the tone uh one of the best maintained looking homes in the neighborhood can't imagine the shed with the thought he's put into it being a detriment uh to the neighborhood mhm well just knowing the area myself and looking at it if that street had still been there uh Gettysburg of course that was rebuilt and uh repurposed back behind it I can't see myself that uh that that would be a problem I don't see that we've had any objection from the neighbors uh coming in before so I'm inclined that this and I do agree with staff's suggestion that we the offense be maintained and it's already there so everything's maintained at particular residence that's wonderful we're glad to have residents that take care of their properties so that's my thoughts anybody else have a thought to share all right well if that case I'll be happy to entertain a motion needs to I'll make a motion to approve variance number 04224 with the extra language at the bottom with the extra staff recommendations on page 11 yes on page 11 specifically uh the fencing minimum size be maintained and it is existing and brand new and looking good to screen accessor structure from the street okay we have a motion do I have a second I second very good is there any further discussion by anybody very well may we have roll call please Vice chairman Taylor yes member beckles yes member vanen yes member Wheelis yes Al member green yes very well your variance has been approved by us congratulations app and thank you for having a greatl looking house in the neighborhood thank you as a matter of fact the people who moved across the street on the Dead End Street are doing the same thing they're putting in a fence like ours wonderful well that is great well thank you very much yeah we have to be in front of the mic if you want to talk but so that's fine thank you very much for coming in and have a great evening thank you very much all right okay staff do we have anything else to uh you're welcome uh nothing from St all right and I see there's thank you I see there's no one here from the public to make any comments tonight so staff any updates from you no updates from staff no have we had any applications for next month month yet we have five oh and I'm not going to be here so I'm leaving town fly away that's good counselor glad to have you here I haven't seen you in quite a while sir glad to be here it has been a while well it has been forgot how much I enjoyed this board oh you don't like the far four and five o'clock meetings that oh I love those this is a nice break very good well uh as I said before my myself I will miss the next meeting and I hope youall have fun so I'm leaving the country so it's up to you March 27th 27th because this is leap year they addended a month to January copy March exactly anything for you for good to the order all right anything down here all right I see nothing uh in that case we will go ahead and as our chairman would say record time so we are adjourned all right thank you