##VIDEO ID:4dJQv_cF1fI## [Music] e e Allegiance i al toag of the United States of America and to the stands na indivisible I now call this uh uh Bard County Board of zoning adjustment meeting for October 16th 2024 uh to order our um first request are there any staff announcements no staff announcements okay um at this point then we um have meeting minutes can I has everyone reviewed last month's meeting minutes yes okay I need a motion to approve I make a motion to approve to me I make a motion I'll second Miss Mard makes a motion to approve uh Mr homberg has seconded I don't believe there's any discussion any corrections in that case I'll call the vote all in favor say I I motion passes all right um next will be uh Mr bod could you uh tell us about the uh function of the board yes Mr chairman the board of adjustment is a quasi judicial body established by the board of County Commissioners under chapter 62 Article 2 Division 4 of Babar county code the board of adjustment is empowered to hear requests for variances to the zoning regulation and the sign regulation in chapter 62 article 6 and article 9 pursuant to Florida rules of appellant procedure any person or persons jointly or severly agreed agreed by any decision of the board of adjustment May within 30 days after the date the order is signed apply to a court of competent jurisdiction for appropriate relief Mr chairman you have 10 items on your agenda today thank you Mr bod um would Dr Bass would you want tell us what uh the definition of an undue hardship is yes sir an undue hardship a variance may be granted when it will not be contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship the term undue hardship has a specific legal definition in this context and essentially means that without the requested variance the applicant will have no reasonable use of the subject property under existing development regulations personal medical reasons shall not be considered as grounds for establishing undue hardship sufficient to qualify an applicant for a variance economic reasons may be considered only in instances where the land owner cannot yield a reasonable use and or a reasonable return under the existing Land Development regulations the applicant must answer a variance hardship work sheet with six questions the board of adjustments will discuss these questions today with each applicant who has requested a variance thank you Dr Bass um I'd like to now address the board members the applicants and our audience regarding the board procedures for today's hearing uh the board of zoning adjustment as a quasi judicial board with members appointed by The Bard County Board of Commissioners will utilize Robert's Rules of Order to conduct its proceedings the chair is asking all board members not to ask questions while the applicants are making their presentations once the applicants have completed their presentation we will begin board questioning with the board member who who represents the applicant's district when concluded questioning is open to the full board the chair will recognize each board member in turn once all board members have completed their questioning we will then open the floor to the audience who may be here to speak concerning the applicant's application anyone from the audience wishing to speak will be given the opportunity to address the board once and only once so be complete and concise in whether Pro or con um at the conclusion of uh public comment the applicant will be given additional time for rebuttal as well as to present their final comments once that is completed no further comment will be heard from the applicant or the public all action then moves to this side of the bar we will not use a timer for the meeting instead we are asking each speaker to be concise and what they have to say it's important that you stay on subject and avoid information and rumor and cup and inuendo that is not relevant um all persons speaking must provide their name and address address for the public record those wishing to not verbally State their uh address may ask the clerk at the podium for an address card uh please fill it out and return it to the clerk after your U uh time of speaking are there any questions from the board about uh these procedures no are there any questions from the applicants regarding these procedures are there any questions from any of else in the audience on these procedures seeing no questions we will move on to our uh next uh bit of business which will be our first applicant Mr bod could we have our first applicant please yes item H1 mahotas Associates LLC request variance of the required lot width in an ru-1 D9 zoning classification and this is application 24v 00 022 located tax account number 2419 409 in District 2 uh this item was continued from the July 24th boa meeting okay would the applicant please come forward and again name it name and address uh good afternoon M oh good my name is Sam sabali my address is 5127 South Orange Avenue Orlando Florida okay do you swear the testimony you're giving us today is the truth I do okay please proceed thank you uh thanks M Mr chairman uh Commissioners uh you may recall this item was before you in July and at the time we talked a little bit about the special circumstances which would just ify the variant um I don't know if I need to get back into them but the main reason that the item was continued uh we had two adjacent Neighbors which had some concerns and I believe at the time um um the commissioner asked for me to meet with the neighbors and provide additional information on what we are proposing just so that the board would have additional information uh at the July meeting we had two adjacent neighbors who showed up with some concerns one of them was lenel Johnson who has a property at 2019 Bevis Road and I had talked to her after the meet I have talked to her after the meeting and we exchanged some messages and the last message she left for me that was that she didn't have any additional concerns with the project once she understood what we were proposing um the other concerned adjacent property owner was Miss pecky townand and she lives immediately to the east of the subject Pro property at 1,045 bis Road and um she did have some legitimate concerns I have talked to her after the meeting then met with her at the property and we looked at her concerns her main objections or concerns were related to potential drainage impacts to her property her house sits to the East and the area where uh we are asking for a variance is going to serve as a an entrance driveway or roadway for the property which is behind um her property so the concern was what's going to happen with the drainage in that area so part of the discussion was to come up with a plan which would not create like a ditch between the roadway and her house and we would provide a swed area so we would fill partially on her property and our property to kind of level it off and provide some Landscaping along that boundary with a sidewalk and just so we would not have some drainage concerns the intent is to have the roadway lower than her house and I had presented a conceptual plan because we're not at the point where we have a full design I had presented a conceptual plan to uh staff which showed what we are proposing which I believe is consistent with my discussions with uh Miss pecky Townson and I had committed that once we start the uh construction plans and the design will continue to work with her to make sure whatever we are doing is not going to create any issues uh and I believe with that she did not have any additional concerns you know related to the project or with the entrance I believe she is here today so um you know she can address the board if she wishes but that is my understanding um if the board has specific questions of on what we are doing or or anything else I will be glad to address those questions Mr chair if I may jump in here for a second so the applicant has provided a uh a conceptual plan of how the aess is is proposed I will tell you that it's just for illustrative purposes is not been reviewed part of the site plan process or reviewed by any engineering uh staff uh for compliance and in our codes and regulations so it it it hasn't been reviewed for constructibility correct but for zoning corre do and and part of your direction last time was is that you wanted to see how the access was going to be designed and the applicant has provided that conceptually okay whether from an engineering perspective it meets all our codes and requirements that'll be done through our um site planine review process as long as someone has looked at that not not in detail but has seen it I I don't need to see it myself okay if I may Mr chairman sure um so it is conceptual and the the main reason to provide it is to illustrate the intent of what we're going to try to accomplish and obviously as we submit you know we have to go through a preliminary subdivision plan and construction plans a lot of engineering design but we just wanted to convey the intent that we're going to work with the neighbor and uh obviously when we submit to the county they may view it differently but whatever we're doing the intent is to make sure that we're not going to cause any flooding problems to the adjacent property and uh we're taking that into consideration and as the plan changes I will uh keep the our neighbor updated to make sure they're aware of what we're doing okay um your application uh arises I believe in District uh two which is um Mr mcan's uh District although uh that uh that post is vacant at the moment so normally I would ask questions but we've been through this quite a bit before um are there any other questions from any other member of the board no I remember the meeting that we had on this before thank you you know the procedure is set aside thank um is there anyone who wishes to speak for or against um this application understood there might have been someone in attendance but if you don't come forward that's fine um okay sorry seeing none any final words you can give us well you have to come to the microphone either okay no final words from the applicant um at this point it moves to this side of the bar and I need a motion it would normally be District to have the opportunity but as chair I cannot offer motion so someone else needs to oh come on I make a motion that we approve the variance as depicted in the survey with the revision dated um it's 10:16 yeah okay do we have a second a second okay Dr Bass has made a motion to approve um Miss Mard has made a second um is there any discussion none seeing none um I have to read the uh hardship questions that we are going to consider with our votes soon as I get that out where I can ah I'm just take here okay it's part of your consideration for the vote Mr chair can can I I what was the re the re the revision date that I have for the survey is uh February 6 2023 was that part of the motion yes it is okay I just want for the record thank you thank you okay these uh six hardship questions need to be considered uh as you vote that special conditions and circumstances exist which are not applicable to other lands structures or buildings in the applicable zoning classification excuse me that the special conditions and circumstances do not result from the apps of the applicant the granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in The Identical Zone classification that literal enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning classification under the provisions of this chapter and will constitute un necessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure the granting of the variants will be in harmony with the general intent and purpose purpose of this chapter and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare with that in mind I will call the vote all in favor say I I I any opposed yes one okay the motion uh chair votes I the uh motion passes three to one and it's approved Mr bod next applicant please yes item H2 teal New Haven LLC request variance a required floor area for an efficiency apartment in a tu-2 zoning classification application is 24v 0030 located at tax account number 28731 in District 5 also this application was advertised as 23v 0030 but we can let it go forward was there uh point just a point was there we got two letters was one of them related to this uh opposed or against lost track of my letters no I don't believe so okay we're good I think we're good well welcome back name and address for the record please uh good afternoon chairman Huffman members of the board of adjustment my name is kimra zenka 1290 US Highway One Rock LGE Florida with Lacy Lions rosenka I'm here on behalf of teal New Haven LLC with me is David Tuttle and Ryan hiler and also Bruce Moya the engineer of record this is a true affordable Workforce housing project under the live local act um the ordinances don't always match up with uh what the law says it is so the problems what they're trying to do here is take an old hotel and convert it to Workforce housing using the standards of the live local act uh they came in they sent a letter uh which I'll provide to you later telling staff what they wanted to do staff said that seems fine they went and appli they bought the property based upon that they applied for site plan during site plan they found out that the the the way the codes work their units were too small um what they propos is to have 254 Studio efficiency apartments um with restricted Rate Rentals of 40% um and then 30% as well for 30 years and they are 288 squ foot units the code requires 300t when you jump through the Hoops to get through the mixed use and the commercial and the uh the residential so we're asking for uh excuse me they require 400 sare ft so it's 112t variance per unit that's being requested um I want to go into more detail but uh I want Mr um hiler to talk to you this is their business operation this is what they do they've done this in other communities and it is truly an affordable product so Mr heer is going to speak a little bit and then I'll tell you more about the product thank you very much yeah Ryan heiler 452 Northeast 31st Street Miami Florida and you swear that the testimony you're giving us today is a trueth okay please proceed thank thank you very much so so as as Mr Zena mentioned our our expertise is in developing redeveloping older hotel properties into affordable and Workforce housing we have done about 1200 either completed or under construction currently with the closest being a property known as the teal in CMI on Highway 192 about an hour uh Due West of here and as far away as a hotel conversion in Columbia South Carolina um our goal is to redevelop these using Class A standards with class A finishes on the interior of the unit solid surface countertops you know soft closed Cabinetry all the things that you would see in a traditional groundup development with all of the same amenities from fitness center yoga studio um on-site management on-site uh repair uh and Facilities Management the tradeoff for affordability is just square footage right so we want to provide people with a dignified place to live that provides Independence away from having group housing or roommates it puts them closer to their places of employment um so they're not spending 45 minutes to an hour in the car every day um commuting uh reducing down on their commute cost um and so we're really excited about this model we've seen great success with it and in other municipalities there are some letters of endorsement that were provided to the county from other municipalities that that have supported these projects as well um so we're really excited about the opportunity and and appreciate the the the attention today any questions for me yeah so I do have a a two handouts thank you oh thanks more paper so as I mentioned uh before uh when um the company came in they sent a letter to Mr Caulkins that's the first letter and says this is what we want to do 245 multif family studio apartments 40% of the units will be restricted to 120% Ami 74 will be restricted to uh Bard County definition of Workforce densi of 30 units to the acre which is the highest Allowed by Bard County and set forth what they intended to do they received a letter back from Mr ball which is the second letter and and basically when they read it zoning classifications considered consistent if Redevelopment plan meets all the criteria of the live local act it should be noted the highest L uses 30 so they took this to mean it was fine so they bought the property in May 2024 submitted site plan in June of 2024 and then got a note saying your units are too small and that's why we're here so uh this is a great project um there may have been a rezoning application there may have been other ways to do it but this is what was recommended by staff to go through the variance process to request the variance of 112 foot to the 400 required foot 400 ft for each of these units um again this is old construction they're doing it within the footprint of the construction um the second set of documents I gave you this is uh what it's intended to look like it's using the original buildings but it is going to clean them up and make them look nicer um you can see on the second page the before and after uh and they also have a clubhouse space another amenity which is which was the Sushi Factory in the front that's going to be the clubhouse and then um the last page is the site plan that's been submitted and it shows the phasing that's going to be done um the and and then also too of the 200 of the 200 of the 8.53 acre property there's two and a half acre pond in the back as well that's been there that will stay there it's not going to be changed they're using the exact same footprint so um again this is something that um is their business plan their business purpose they thought they had gotten approval through the county submitted site plan fan they hadn't uh purchased the property so this isn't something they created it's an exting building they relied upon staff again staff didn't say yes you can do this but they they took it to mean that and uh this is um what they have been suggested to do to get the variance it's not giving anything uh that others can't also apply for we could have gone through a zoning process could have gone through a different process through live local but this seemed to be the process to move it forward because they want to be able to open this soon to help with the affordable housing in crisis and with that um we're here to answer questions we'd ask that you approve this based upon the criteria uh listed and the answers of the applicant okay um any other no that's okay if you have any technical question Mr MO is here to answer question okay or I may okay um this is your District yes um let's see [Music] well as as chairman I'm not um at Liberty to make a uh a motion but uh someone else would like to make a motion that could second even though it's within my district a question M Mard he has a question question go go ahead qu question for I'm sorry I did jump ahead I'm sorry um yes Mr hurg you can go first you have a question I think it's more far legal though than uh I'm I'm just curious is this um one variance for the design or one variance for each apartment so so the variance is to the square foot the minimum square footage for each of the units so as you can tell this is a um hotel that's being converted to uh affordable housing under the local act so the units are actually there they're going to remodel them um and put new fixtures and and and so forth but the actual unit itself is is there so it's one variance not one for each cor correct but it but it would Encompass all the the 245 units that are so it be for the design of it right okay a lot of paperwork for 200 we don't want that many motions yeah so would it would um it would cover all the units not just one considered a blanket yes okay you want to I have a couple questions for you Ma this looks like a good repurposing yes ma'am uh there's no interference primarily which I was concerned about with other communities it's also located in a good area so these people that are moving in here have access to food they have access to gasoline that because so that they can get to their jobs and uh it's in a reasonable proximity to gas restaurants and other available qu is it on the bus line I couldn't f it is there there's a bus stop potentially within 500 ft or so that's that's what I was wondering yeah my only question is I think that's great uh my question is who pays how is this going to be paid for for the outside of the building the maintenance of the building we do okay so it's it'll be need more like a condo in that no no it's it's a rental apartment right so so so so it's a a purely a rental product and included in the resident's monthly rent will include all utilities cable internet um and we do a valley trash service so actually the the resident can put their trash can outside of their apartment every night we come and take their trash away and then leave their empty trash can for them to pull back in the next morning so so it truly is managed from a Class A standpoint um I was just I was thinking about with a recent hurricane uh if the shingles blow off the roofs that's on us that's yeah 100% it yeah 100% um so so we have on-site maintenance right and so if the resident has a clogged toilet or a clogged sink or you know the batteries are out in their smoke detector our maintenance staff will come take care of those things for them as well since this is for people to help them I just wanted to make sure those costs weren't being flowed down the the other thing that I think is important there because we are a One-Stop shop when it comes to making a one payment every month good when someone moves in they're not required to go through multiple credit checks with the utility companies they don't have to post multiple deposits for electric or phone or whatever it may be and so we found that that is much more attractive to our Target demographic because it truly is a One-Stop Shop with a fixed set amount every single month and I know there isn't a pool there so that's good we don't have to worry about no no we will we will provide a pool okay yeah all right yeah and we will maintain the pool okay yeah that's all yeah okay I I have two questions sir um and one is one question I'm going to ask you you may turn to your e not his head yes my question is are you increasing the impervious area or does the existing Pond I actually I think we're decreasing it we're decreasing it slightly okay yeah so you'll you'll stay within the existing environmental PR correct um and I don't remember what I second sh will also add along those lines from a site plan standpoint we are redoing some of the fire line system so as a part of the conversion we will be fully sprinkler the entire building and so we're also increasing the safety of the existing structure well above where it is today okay I did remember my second question I don't have anything here that show shows me what the interior of the apartment looks like so you're taking it from 400 ft you know nominal down to how does that work I mean a normal hotel room has a a walled in bathroom but then the rest of it's open are there cooking facilities how are you just describe yeah so so we will add a full kitchenet in in every unit with soft closed kitchen cabinets solid surface countertop stainless steel appliances the way that we're able to adapt this down to a small smaller footprint is we do a TW burer set in electric cooktop and instead of a a full range like a a pushin stove we actually do an above the cook top built in microwave SL convection of um and so you can bake a cake you can roast a chicken you can also use it as a microwave actually and here's a well if you hand it to me it's heading for staff it is not yeah we have the that you have this okay yeah okay yeah I had seen that that's all my question okay thank you all right um as part of the uh procedure now is there anyone in the audience who wishes to speak for or against uh this application seeing No Hands raised I will say that there's no questions uh Mr res any final nothing further okay then um thank you uh it's my district but as chair I cannot offer a motion so I would ask the board to help me here with a approval motion I'll do it I make a motion to approve the variance as depicted in the survey with the revision dated and I didn't see that what is the current dat don't think there's a survey do we have a so it's it's not based on the survey you could just you could just reference the the request as being to reduce the minimum square feet for the individual unit from 400 to as depicted in the pictures and the minimum square feet is defined in the p in the uh package okay yeah as as requested as requested okay do we have a second a second okay Dr Bass has made a motion to approve uh Miss Mard has uh seconded the motion um do we have any discussion on the motion I think we've had a lot of discussion on the motion already so with that in mind I'll do this I'll tell you the worst part about the chairmanship is reading these six questions um the special conditions and circumstances exist which are not applicable to other lands structures or buildings in the applicable Z in classification that the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in The Identical zoning classification that the literal enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning class ification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare with those six hardship questions in mind uh call the vote of the board all in favor say I I any opposed the motion passes unanimously thank you Mr bod could we have the next applicant please yes item H3 Thomas L Devita and Merida C Devita request variance of the spacing distance and the rear setback requirement for an accessory structure in an eu- two zoning classification application 20 4 V 0031 located in District 2 thank you I see the applicants have come forward who wants to swear in first my name is Marth Dita 5020 Hebron Drive Meritt Island Florida 32953 okay do you swear the testimony you're giving today is the truth I do okay would you like name and address Thomas St uh 5020 heon Drive m Island Florida 32953 okay do you swear that the testimony you're giving today is the truth yes okay um please I you we're here today just to request a variance for an existing gazebo that we have uh situated on our existing permited pool pad behind our house um we're looking for a few extra feet off the back of our house and a few feet from the back line um we actually erected this ourselves um back in 2020 and it's been sitting on property through many storms a great sound structure so we're just looking to be to enjoy that area out of the Sun as many of our other neighbors do pretty simple just that it's um it's out of the box type of setup from Costco Costco that we bought through the mail like you said we put it together ourselves it does sit um it's about 2 and 1/2 ft off of what the 5 foot should be off the back of our house and we're just asking for the extra little more than 2 and 1 half ft just to to keep it there okay we do have some photos if you'd like I don't know if they're included in what you have um we have some a Maps surveys there should be a letter also from one of our neighbors Mr Holmes yes yes we have that that's very just hand them they can look at them I do have some photos you okay you hand them to us staff it does sit within our structure as well so it sits on that P patio so anything from the front um you cannot see it if you're staying in front of our home and we do not have neighbors directly behind us as well you say you do not we do not right it's the way the picture shows um so your application arises in District 2 which is Mr mccan uh certain currently vacant um frankly with the photos I don't I have any uh questions for you for that does anyone else can we pass those down yes so I'll see if anybody has questions once they see the photos actually I do yes so you're the what do you call it the perol Gazebo yes the Gazebo mhm okay it actually encroaches on the setback that faces the canal so yes so that's yep so that's a we do the five foot setback is already there for the pool um that we already have and we sit with just within that as well so that one's a it's even a smaller setback okay okay any questions for this applicant no um yeah just one quick one the Gazebo has been there it's not new correct it's not new correct I just have a comment uh comment from the drawing here um it doesn't extend beyond your house and your property is on the water or it's on the road so I don't see any interference with either one of your neighbors here yes ma'am all right and to that same extent ma'am the the letter that Mr Holmes wrote says the same exactly goes with the drawing okay thank you okay last words okay procedurally I have to ask you to step aside uh just to see is there anyone in the audience who wishes to speak in favor or opposed to this application seeing none I think you had your last words thank you all right um Mrs rise is in District Two but I can't assume as chairman a motion so back to you guys for a motion again let's try this side change I make a motion to approve this survey as depicted with the date of 4824 I'll second okay so we have a motion to approve by Miss Mard and a second by Mr uh homberg um any discussion seeing no further discussion I will read the the hardship questions if I can find it again just out here okay six hardship questions the special conditions and circumstances exist which are not applicable to other lands structures or buildings in the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant the granting the variants requested will not confer on the applicant any special privilege as denied by the provisions of this chapter to other lands buildings or structures in The Identical zoning classification that literal enforcement of the provisions of this chapter will deprive the applicant of Rights commonly enjoyed by other properties in The Identical Zone zoning classification under provisions of this chapter will constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of land building or structure that the granting of the Varian will be in harmony with the general intent and purpose of this chapter and that such variants will not be injurious to the area involved or otherwise detrimental to Public Welfare uh with those questions in mind uh I will call the vote all in favor say I I any opposed the uh motion passes unanimously and the application is approved there it is Mr bod could we have the next applicant please yes Shanny Murphy O'Brien and Todd O'Brien request variance for the rear setback and side setback required for an accessory structure in ru-1 D13 single family zoning classification application is 24b 0032 located at tax account number 2439 169 in District Two okay again District Two is uh vacant at this point um name and address for the record Shaney May O'Brien 466 new found Harbor Drive merid Island Florida 32952 okay name address this is for four Tod o Brian i h reside at 466 Newfound Harbor Drive maritt Island okay I will do you jointly together do you swear the testimony you're giving us today is a truth yes sir yes we do thank you please proceed I just prepared a statement because I'm not really good at talking so sorry could you get a little closer to the microphone please we are Todd and Shany O'Brien today we kindly asked for an approval for a variance for our backyard deck you would be more familiar with it as an accessory structure we are instructed by Bard County Code Enforcement to apply for a variance because we cannot pull a permit for our accessory structure we are unable to pull a permit because our um accessory structure has existed since 1975 we bought our home in 2005 and with the accessory structure already existing this information is confirmed and documentation can be found in our property survey our deed and in Bard County records we have had no problems whatsoever with our property in the 19 years that we' lived there however recently our nextd door neighbors of 468 new found Harbor Drive turned us into code enforcement for our accessory structure the said Nextdoor neighbors turned our property into code enforcement because they are mad at us for replacing our old dilapitated wooden fence privacy fence and we installed a new white PVC privacy fence with all installation done per Bard county code requirements the next door neighbors wanted our priv privacy fence to be installed at a height of 10 foot for our neighbors we explained the code restrictions it cannot be 10 foot however the said neighbors refused to accept the information and filed a lawsuit against us the said neighbors were unsuccessful in their lawsuit against us and therefore continuously seek revenge by physically by being physically and emotional aggression towards us along with turning us into code enforcement with multiple phone calls all cases that were once opened have been closed except for the case on our accessory structure to reiterate our accessory structure was already existing when we purchased our home and since 1975 its configuration is the same today as it has been for the last 19 years that we have lived in our home we greatly appreciate your time and your consideration and ask for approval for a variance today to keep our home intact thank you okay anything else to add no all right thanks um so we will open the uh for uh questions again District Two is vacant so I will take the lead on that um can I sum this up by saying you're trying to legitimize an existing condition the shed's been there it's been there since 197 so you're trying to legitimize that set back yeah since we were turned into code we were nobody really knew what to do and then after a few months there they're like well then pull a permit so we called right away and then we were told you can't pull a permit we don't go back any further than 1991 so from there it's just been a process for us quite a journey okay but the answer is yes you're trying to legitimize it I'm sorry yes I'm yeah um Okay do um any questions from the other board members um one second point of order so I just want to clarify one thing um so in inside our packet it's just a duplication of a previous packet do we have this packet for this case H3 and four are the same so um would you all like to look at the survey or something yeah let's um the back page yeah the back page looks correct so three and four I didn't notice on three so this is the surve okay side variance right okay hand back or just side I think it's just side okay that's nervous okay that okay did you need to look at it Dr B okay little bit of record keep on there okay so any questions no questions no no other questions okay um step back and I'll have to ask for is there anyone uh here today that wants to speak in favor or opposition to this application you can come forward same thing have to name an address and no problem I'm Richard Bitner uh 468 Newfound Harbor Drive merid Island Florida okay I'm the mean neighbor do you swear that the testimony you're giving us today is a truth absolutely okay please all right so she was right about the lawsuit please be concise I will um we did have a fence up it was a wooden fence and it was on our property we did Sue because they removed the fence um off of our property um we did settle out of court and it was in our favor okay I don't know why they say it is this thing on you speak into that oh is this thing on I don't know how to operate it we'd have to get it does move you wouldn't be able to move it okay okay so if you look just so you know that those photos have to so if you're going to show them they'll be part of the record so you're not going to get them back you can have them that's um this is the what our y used to look like you see the back the the Hedge the fence everything was beautiful this is what it looks like today they ripped down the fence and they damaged some uh landscaping and stuff which was settled in court this is how big this thing is uh with me standing this thing is a monster it is an absolute monster this is this is the picture of it uh from my rear neighbor's yard this thing is almost as big as a house and another side view on the other side this is taken from our security camera my biggest problem here I understand this thing has been there for years and years and years and years it didn't bother us because it was all private okay now I don't have any privacy because once they step up on that thing boom look who I have to look look that's who I have to see I have to see from this up every single time someone steps up on that deck that's not fair to me that's not fair to not have any privacy here's a picture of her uh on the deck this thing is sorry about that but there's but this is what I got to deal with every single day I don't want to see my neighbors I want to go in my pool in privacy you know um they were required to do uh according to the court order they were supposed to U do something for privacy whether it be a room divider or something by 2 feet they haven't done it there in uh they're in contempt with the court order I haven't pushed the issue now let's get to this it's rotting that's the roof rotting roof it survived Milton thank God I didn't know if it would there's more rot and more if you can see right here that's all rotted wood all right now these pictures were taken this thing is right against defense uh this is a picture that's the white fence right here there's rafter is going right to the fence and it's rotted and some more more over the rot so yeah it's been standing for a long time it's sh showing it's absolutely showing that's how close it is to the fence I don't even know what the white pipe is they might have pluming on I think as far as I know but they do have electricity but nothing's been checked by his earning it has electricity apparently have Plumbing I don't know what that is I'm almost done I just wanted to give you an eye of what this thing really looks like this is what I have to do for my privacy I have to put up a screen on stream light poles just so I can be comfortable in my own backyard could could you put up the picture of the initial the original condition again the the original I the house had the Hedge and yes so so I guess I'm already starting the questioning but um that the upper left of that picture there's a could you rearrange that so we could see the top of the photo down down down sorry there there you go okay all right right where your index finger is there there's a a horizontal white line above the Hedge is that the roof line that's the roof line of the of the of their structure yes okay so I'm going to say this you can see so initially the Hedge covered all the way up to that roof line so did the fence which oh so did the fence there was a wood fence there that was 8T tall okay so 8 ft would would take care of it it was it took care of everything I did not have a problem with it okay but once they decide to you know take our fence off of our property and put the white privacy fence in everything changed I had to do something I have to get my privacy so once they took the fence down which was your fence on your property yes it was and then you went to court yes you said you settled out of court generally not in depth what was the uh settlement was that they would rebuild the fence or no the settlement was is they were supposed to supply some sort of privacy by using sun shades or it could have been creative they could have put up you know uh room dividers big furniture they could have done anything according to the court order they chose not to do anything okay so the court order pretty much said replace the screening that was there before without specifying method or means correct it was they were supposed to replace the two feet that was taken okay okay um all right are there any other board members which uh care to ask questions here Mr chair if I can just redirect the the board here so I just want to make sure that we're clear that any type of fencing whether it's a screen or a privacy fence our code only allow us up to 6 feet without a variance yeah I yeah yeah um right that's why we didn't push the issue with the fencing it was about you know a room divider a sunscreen you know sun shade you there there's multiple rules there's 100 different things you could do the did code enforcement go out and look at this yeah code enforcement still has a case open on it is it related to the uh it's related to the structure not meeting setbacks only not for um the the stated rot or structural deficiency so the condition of the structure is is a function of the building department not part of Co enforcement so if there is a reason to believe you know that there's that the structures unsafe then we would have to send someone out from the building official side of things to do an inspection okay so that shouldn't be a consideration for us today no it can't be yeah all right no so what's before you is is whether you determine the sub back is appropriate for that structure okay so let me address my question to you uh this um the I'm getting confused about what the court order was and what we're doing for the variance here I have no idea what the court order we were we were not party party to that court order that's that's a civil matter between Property Owners yes ma'am that's all I have okay I think we're done questioning you'll have to uh give the photos over to the staff thank you is there anyone else who wants to speak in favor or against this application all right seeing none other you final you can come back for final comments no more questions whatever you want to say to finish things out just that the the structures existed since 1975 yeah please speak in the microphone so we can the structure has existed since 19 1975 we bought our home like that in 2005 um it's been standing all this time through hurricanes normal weather um our kids have grown up on that deck um we were in the process of just upkeep on it when we got turned into codes so we've done nothing with it in the last two years um because of the situation here at hand um so any minor repairs that need done they can be done easily redone um we've got spouting running all along there you know it's it's a safe structure it's been a part of our home for the last 19 years and we just asked that we're able to keep it I don't know do you want to say anything yeah I'll back to that uh you know the lawsuit we we end up hiring a legitimate company secure fence we had them come over two to three times check to see if that fence is on our property and it is our fence we did everything by and we did everything by code soon as that happened that fence started coming down the police were called and then after that I went in to check to see in 2005 where that wooden fence come from and that was perimed through Bard County on this our property 466 new found Harbor okay and the the lawsuit went to a settlement um as I heard you mention the Shrubbery on their side did help with you know the their privacy through the lawsuit they killed off those shrubs um I have time dated stamped pictures showing the aggression of the trees dying off and that's why this the lawsuit settled because their attorney could see that they were trying to destroy us basically and I had pictures to prove that we did not do anything to harm a fence they thought was theirs Shrubbery that is theirs um there's 11 trees on that side they killed off four including a palm tree so three lustrum um and a palm tree they killed to try to pin it on us that they were losing their privacy okay so the lawsuit was settled um and everything was met on our on our behalf cuz we actually during mediation offered them $435 for two trees to replace the ones they killed as a parting gift if they would just drop the lawsuit and leave us be um they didn't want that they wanted the whole she they wanted $4,000 in trees plus labor to put the trees in and I anyway um so we at the lawsuit was met we paid them $500 and the lawsuit was settled okay thank you you're welcome thank you all right Rises question oh I'm sorry good could we do have one last question I won't take a lot of time but I'm thoroughly confused here I just get it straight what exactly is the structure you have now that we're talking about is that a I have a picture of it here if you'd like I thought maybe you all had a picture just just is it a porch or so it's a covered deck is what it is so and that's been there since 1975 Yeah we actually spoke with a gentleman who built it are you putting a new one up no why are you now asking for a variance on something to keep we were told we had to apply for one to be able to keep it yeah to keep it see this is something uh you had an inspector come out or how did the question of a variance come up when we got turned into code enforcement oh I got you they didn't nobody knew what to do because so now you have something that's been there for since 1975 and you want to make it legal I'm get a VAR okay thanks a lot apprciate thank you okay all right um so next step is a motion to uh approve deny whatever can I have some help from the left from the right side yeah I'll make a motion to approve the variance depicted and uh do the application of 48 2024 I'll second that okay so we have a motion hold on is that okay we got to get the correct date from the survey because that what's in here is that the wrong date that's the wrong Pap it's uh survey provided by the applicant with a date of June 7th 2024 okay June 7th 2024 sounds good okay so we have that motion on the table uh any discussion I'm sorry the motion was made by uh Mr homberg and seconded by Dr Bass yes uh any discussion wait I want to I would like to discuss something yeah go ahead um course so I know we're here just for this variance and I I want to be clear as well so even though that was there since 1975 the point is now everything that's been removed so now we have this concern right can can can I can I inter maybe maybe I can provide some clarity for youall so um we don't have any record of when that was constructed the only way that we can guesstimate is by Aerials when we think that happened sometimes we're pretty close sometimes we're not but ultimately it's up to the appli to provide the date or a building permit of when that structure was built in that that way but regardless of when it was built the still is encroaches encroaches into a side the setbacks so regardless if it was permitted incorrectly or not they're still required to get a variance for it or have to remove it or reduce it to the variance that they that they get uh granted for but ultimately it's it's on them to comply with uh the zoning regulations okay I I have a discussion topic in that is that taking away the issue of the fence and the changes that the fence made I wouldn't have a problem with this setback I mean it's just it's legitimizing something that's been there for probably 50 years at this point or whatever the timeline of the structure is um the fence has brought it into into view but we are not involved in the fence dispute that is something else yeah so um bvar County does require a fence permit um to make sure that it complies with 20 2109 um and that um and on the side set back the height is six feet unless there's a variance that's granted so but that's a separate issue from and that's not part of the variance request or any part of this request correct thank you and just to to finish my train of thought is the the fence the fence being a separate civil issue needs to be taken care of in civil well if or or however it needs to be taken care of yeah that that lawsuit or dispute has to be settled um outside in in a civil court and and if that involves getting a variance to put a higher fence along that part of the property or and I'm not suggesting that correct so like I said anything over six feet would require variance which okay and which you would I can't prejudge a future variance but sounds reasonable um all right so that's that's where my thoughts were going any other discussion all right with I keep losing that there they are okay um so I before I call the vote I will read off the uh six hardship questions uh that you can uh use to consider how you are going to vote the special conditions and circumstances exist which are not applicable to other lands structures or buildings in the applicable zoning classification the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confirm the an a special privilege this excuse me denied by the provisions of this chapter other lands buildings or structures and The Identical zoning classification the literal enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties and identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the variance Grant is the minimum variance that will make possible the reasonable use of the land Building or structure that the granting of the variants will be in harmony with the general intent and purpose of this chapter and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare uh with those in mind I will call the vote I think this is a motion to approve the variance okay all in favor of approving the variance say I I I um the variance passes the motion passes four to zero and the no I oppose oh I'm sorry I'm sorry I didn't hear that uh it's a 3 to1 vote uh but the motion passes in the um application is approved after this next uh variance we may take a five or 10 minute recess okay so Mr bod could we have the next applicant please yes item 8 H5 Zachary Lively request variance to have an accessory structure located in front of the principal structure and for the side setback required for an accessory structure in an RR mh-1 rural residential mobile home zoning classification variance application is 24v 000033 located at tax account number 2690 in District 1 okay the applicant already has come forward would you state your name and address for the record please my name is Zachary Lively 4239 people Street Mims Florida okay um do you swear the testimony you're giving us today is a truth I do okay please proceed so I am trying to legitimize the location of a carport on my property that's been there since before I purchased property it was set forth by the uh exist or the person that I bought it from the previous owner it is it came up I'm trying to replace the mobile home that was on the property and it came up in the process of getting getting the building permit that it would now be in front of the primary structure being the house which will be placed in the exact same place as the previous house was previous house had a concrete porch attached to the front of it that we had to demolish to get the old house out and get the new one in so it will be sticking up a little bit further than the front line of the house and it's a foot and a half too close to the property line on one side okay all right um do we uh let's see this this uh arises in district one uh Miss Mard you have the floor for questions hello hello I came out to your property the other day so I saw the Slate you already have a slate there correct the slab the slab for the house or for the carport is that for the carport or is that for the house the slab I have the driveway going back to a concrete building that's an accessory building and the carport is sitting directly in front of that the house pad is just to the west of that concrete building okay directly west of where the cardboard is sitting at now okay and you have a neighbor to your left and to your right yes ma'am your neighbors have any problems with this no ma'am I talked to both of them they both said there's no problems at all it doesn't bother them I mean it's been there the earliest aerial photo that we were able to find at the planning department was 2011 and it was there at that time okay no more questions do you have any no I'm good no I have no questions okay and I have no questions so um as part of our board procedure could you step aside and just need to make the announcement is there anyone here who wishes to speak for or against this uh application seeing none that was a short trip uh any final words before we discuss um I'm just trying to leave what's there alone and just get a new house put in there I'm not making any other changes to anything just pulling a mobile home out and pulling a new mobile home in okay thank you thank you okay m m this rises in your District you have the option of making a motion and I make a motion to approve this variance as depicted on the survey provided by the applicant with the revision date of 8222 24 oh second it okay we have a motion to approve by Miss Mard we have a second by Mr homberg uh is there any discussion my only comment is that two feet out of 15 is rather minimal so all right let me read the uh six questions before we vote that special conditions and circumstances exist which are not applicable to other land structures buildings in the applicable zoning of classification that the special conditions and circumstances do not result from the actions of the applicant the granting the variance requested will not confer on the applicant any special privilege that is denied to the provision to this chapter to other lands building structures The Identical zoning classification the literal enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of land building or structure that the granting of the variants will be in harmony with General intent and purpose of the chapter and that such Ed variants will not be injurious to the area involved or otherwise detrimental to the public welfare with those six questions in mind I will call the vote all in favor say I I any opposed the motion passes unanimously four to zero and the application is approved I said before it uh after this one since we have five more applications to go um we take like a 5 minute U recess restrooms stretch your legs whatever [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] um Mr bod may we have our next applicant please yes item H6 Timothy s Ganon and Denise Ganon request variance for the required side setbacks and spacing distance for accessory structures and in ru- 1-11 zoning classification um application is 24v 000034 located at tax count 24 17445 in District 2 thank you um applicants uh name and address for the record then I'll swear you in Denise Irene Ganon 285 Diana Boulevard Meritt Island Florida Timothy s Ganon 285 Diana Boulevard merid Island Florida can remember your huh no you paused with your address sorry just joking um do you swear the testimony you're giving us today is the truth I do okay I'm gonna go ahead and give you a packet that we'll walk through we have we have a packet there's more pictures and stuff all right do you have a do you have a one for staff as well okay all right all right I think we have some overhead there it goes ah there it is first one want to start off by saying good afternoon thank you for your time um we're here requesting the approval of three variances to legitimize accessory structure setbacks and separation distances due to a code enforcement violation call um you have in front of you a packet of pictures uh which is going to help go through this to kind of tell you how we got to where we are today um the first picture there is a picture of the front of our house uh just give you a little context of what we're looking at on the northeast side which is on the left side as you're looking at the house two variances for a roof over the Breezeway SL covered patio and then on the southwest side the right side one variance for uh for a shed which you can see just over the gate there in the background the next picture uh shows the original house as we as uh I had purchased it um the uh in 2004 uh I grew up in this neighborhood raised my kids in this neighborhood plan a retirement uh retire in this neighborhood I purchased the house in 2004 and back then I had kids storage was a necessity this these particular houses uh don't have a high pitch roof so you don't have the uh attic space for storage the unique thing about this house was it had a 12x2 shed uh there on the uh northeast side of the house um which was attractive when we purchased it just cuz like I said we had kids kids and that would take care of the storage that we needed fast forward 20 plus years to now uh we have no kids at home and we are setting up for our forever home however we have a growing family eight young grandchildren and more on the way uh 2021 we re uh renewed our entire backyard pool dock seaw wall deck Turf Etc we no longer needed uh that much storage so we decided to repurpose the footprint of the Northeast side we removed the extra large shed and the two sheds behind it uh that had made and had been there for over 20 years we purchased a much smaller shed to house our boating gear and water toys and place it on the southwest side and we repurposed the footprint on the of the extra lar shed with a covered Breeze wve SL patio this picture here shows the shed that we put on the um Southwest side variance for the southwest side of the house is for the new small shed to remain where it is the shed is 6X 12 Which is less than 100 sare ft which does not need a permit located behind our fence on the side of the house aesthetically appealing by painting it to match our home when we place it there we asked the neighbors if there were if they they were okay with it since it was going to change the landscape on that side of the house and they had no problems because it was not required to have a permit due to the size uh we assume that it did not need to uh be um follow the setback so that's why it's right up against the fence um one yep oh wait back to that um on the in our small neighborhood uh alone there are 192 homes with sheds or even multiple sheds just like we have there just to kind of show that these houses were built they're small families have gotten bigger people have got a lot more stuff there is Storage that is required this picture is looking from the backyard forward of the uh the Breezeway or covered patio this is where the two variant Es are to legitimize the Northeast side of the house where we re uh purpose the footprint of the extra large shed that had been there for over 20 years we could better utilize this space for our needs and our eight plus grandchildren um no we no longer needed the storage space because we had no kids in the family anymore uh or at home but uh with all the grandkids I like to come to the house like to enjoy the backyard it's was an opportunity to maximize that space to where we could get them out of the elements the heat rain whatever um it's it's got a um a metal roof it's got next piure all right I'll come back to that this is this this is the um structure from the side view coming down the street uh it's actually more aesthetically pleasing than the original shed that was there y so you can see we repurposed the place where the shed used to be on this side of the house it is keep going not obtrusive it is against the side of our house it's behind our the front of our house it is not it is on the side of our neighbor's house to their direct corner off their laundry room and they even put the boat against our fence right there way over no this one yeah so this is inside here's the inside of the covered Breezeway along with the metal roof um roof completely guttered on the outside this covered patio is fully insulated ceiling to keep it cool ceiling fan to keep it cool Cedar ceiling also to keep it cool and no bugs adjustable roll down UV protection shades on each side to block the sun rays and keep cool we also keep those down pretty much most of the time just for privacy from inside to out and outside to in um it houses our movable barbecue grill with fans to blow exhaust to the street with fire extinguishers which are in place while grilling also uh it's safe pre large shed was was there only 2 ft from our home and you could barely walk by it this covered Breezeway created an area where if needed EMS could have easy access to the pool and Canal front obstacle free Ingress and egress uh this picture just basically shows a temperature change between outside and inside that Breezeway uh it's roughly about a 12 to 15 degree change that doesn't take into consideration the UV um the we went through the neighborhood to ensure we maintain neighborhood continuity and there are at least 28 breezeways with roof structures that go from the house and extend to the property line also in November 2023 a variance was approved for an existing similar structure to ours in our neighborhood just down the canal from us uh on Artemis so the variances we have requested are for us to legitimize this covered Breezeway and not to have to tear it down okay um your application arises in District 2 uh who's uh our board member is AB uh vacant at this point so I'll take over the questioning or in initialization of the questioning um I heard you uh address one of my concerns that I always bring up and that's emergency access to the back of the house and you said I'm I'm looking at the overhead photo and it seems like the other side is blocked no it's um that shed are you talking the side with the shed or opposite of the one that we're discussing okay is that it's not the air conditioner is at least 10 ft in front of the shed so it's not blocked and the shed we're asking for it to go it's a foot off the property line there is is have we got more than one this one yeah it is that it's set back at least five and a half ft from the house that's why we didn't have to ask for variance to put it next to the house and then the air conditioner is pulled forward this is standing on our canal and our um seaw wall cap looking up so it's kind of at an angle it's a little deceiving but there's paddle boards that are 10 ft then the air conditioner then another 5T the shed and then there's another 10 ft to the gate or 14t what's the narrowest dimension between any of those obstacles and the house wall 6 feet 6 feet is the is the narrowest from the house wall to the shed yes which is okay all right um Mr chair the survey on there shows the uh five 5.1 feet 5 I don't have my cheaters on it's pretty small so all right um so you didn't get a building permit to change out all of the changes to the shed you took the shed and you refurbished it did that require you removed it and then rebuilt in the same spot correct this new which very nice looking does that require a building permit so so sheds that are less than 100 100 square ft do not require a building per but they do need to meet setbacks okay for the shed and they wouldn't have known that unless they applied for a building permit or they they would have been it would have been highlighted if correct or if they called the office my staff would would let them know yeah okay but this replaced a structure that was already correct there okay and that was there for over 20 years that was there when he bought the home in 2004 okay uh that's all the questions I have have does any other board member have questions I just have one on this on the side of the shed uh it seems like the prop what is your neighbors are your neighbors all right with this on that side yes we ask them when we put it in okay I was I wanted to make sure of that okay just to follow up when this came up the neighbors would have been notified by m so yes if they had a protest they would be here today they would but I do do want to say that this is a result of a code enforcement case I don't know who the who the um who submitted the out the uh complaint but this is a result of the code enforcement case back there it's not the The Neighbors on the side with the shed they that said they were fine with it that'll come up when I ask for okay I any other questions okay um step back take a seat whatever is there anyone here who wishes to speak in favor or opposition to this application you may come forward please and I'll need to get your name and address and swear you in good afternoon I'm lence Monroe 305 Ursa Avenue and ma'am and Stacy go 4 305 Ur Avenue okay you swear the testimony you're giving us today is the truth we do all right um please present we were the ones we were the ones who did report the code violation we were before this board last year and during that time the chairman of the board had brought at had cautioned them they were testifying against us and brought up things on their property that look like they might not be in in line with code after the hearing we approached the board they said that the only way to rectify that situation was to file to let the county know so we did that um they were cited for five code violations on their property they testified to under oath at that at that hearing the same as today that they spoke to their neor neighbors that everything they did was above board but well it turned out that though they lived in the neighborhood for 20 years that when they put the sheds on the other side they never got the variances for those when they built on our side that big structure it's 26 feet to the property line on our side 26 feet their original shed yeah that's but I wanted this so just so you know you're not going to get those pictures back they become part of the record okay that original shed is that size if you look at it they doubled the footprint when they took that shed down the structure that they have now see where it stops like mid roof they doubled the size of that structure and took it all the way to the property line over the property line that structure actually goes 3 in over the property line onto our property and the pitch of the roof pitches down they were draining 26 ft of roof line and they took their house literally they attached that structure to their home all the way to the property line 26 ft so we have nothing there is no setback at all and then for them to access that the day we got home from our hearing after they said they talked to their neighbors they this they that when we pulled up to our home their workers were on our property to work on that because there's no way to access it except on our property they didn't say can our workers be over there can they put their equipment over there when they did their Renovations in their backyard their Renovations included filling in their swailes that the county required and how did they get back there on our property with our heavy equipment on our property down that wall they just took their property went all the way to the property Lins on both sides didn't get permits didn't get variances didn't contact the County about any of it in these pictures you can they clearly show that The Gutter which they ironically installed the day of our last is clearly over the property you after we' been asking because it was draining onto our property leaving like a big swail there on our property that and then when they use the heavy equipment to go back they never offered there were trenches on our property they used our dumpster in front of our house we were we weren't living there at the time we had bought the house we bought the house and we were doing a major renovation on our house and when we were doing the major renovation they were using our dumpster out front to dump all their trash our big commercial dumpster was filled twice with their Renovations they never came over and said hey we're going to do this or hey we're going to build your property line so I know they testified here they talked to neighbors they didn't talk to us and on the other side I don't think that there was a shed I'm not sure before wait and as for you had asked about access that's an overhead picture I don't know what access and then next to that shed another thing there was a reported decode violation that hasn't been brought up and I don't know when we were notified we were told that they were issued a violation for it is the dry sauna in front of that shed there was a dry sauna so there's not only there's a big dry sauna there's that shed and on our side is that big other structure so and then the other concern for us is the fire hazard that roof line it's not next to our laundry room it's next to our two children's bedrooms in the back this is this is the uh distance that's our roof our existing roof and that corner of the very solid wood wooden flammable and they put a wood roof they put a wood roof there's a barbecue in there and he said is it's movable but for a fire hazard in our neighborhood on the back street you guys heard it came before you in November the hearing on that house it burned to the ground literally in two or three hours that house and Flames were like going into the neighbor's yards right now they have a barbecue with a wood roof above it within that far from our home and we think that's a a safety hazard it when we bought in that neighborhood we didn't buy with zero lot lines and now we have 26 ft of a roof over our property line 3 in over our property line okay I think that's Mr chair can can I just provide some clarification for you so I don't know anything about a SAA that's not part of the request for the variances so the code enforcement case um that is uh being worked on is a separate process so I just want to um just clarify that that's not part of the request before you the other thing that I want to clarify is is that to be cognizant of angles and looking at pictures and when things look like it's over it it technically it's not what we do have is we have a survey from the applicant and it's signed and sealed by Advanced land surveying that that roof is on the property line have to cut it back okay it get their building so but that's that's what we have to look at but can you clarify that that paperwork that says the survey says that it's proposed so whenever they get their building it they'll have they have a a zero lot L okay but as it currently now they don't have a building permit for it okay as it currently stands it is 3 Ines over the property line as that roof currently stands um they're correct and that it's it's difficult to tell from from no the the survey says it's three inches over the line the survey says that they're saying that they're going to cut 3 in off of that they're going to cut three in off of that we have one that shows what it is off of off of their roof line there if they if you grant this today they still have to cut three in off because it so you're saying it encroaches three in over the property line okay fine so Mr chair I just want to be clear we do not have a survey that shows that that's over the proper line if that was the case we could not entertain a variance that goes on someone else's property so from what I'm from what my understanding is is that if the board approves a variance it would potentially go up to the proper line it cannot go over that provial line and we would have to make that part of the motion is what you're saying no you could just your motion could could just um as requested based on the survey date but I just want to make sure make sure that we're all clear that that roof cannot go over that property line so no matter what we decide today we cannot allow correct okay okay so that's a good photograph that it absolutely does go over the property line at this moment okay well we'll we'll take that at uh at testimony and uh also the survey so um and in the original structure we do want to stay it wasn't just them rebuilding the original structure the original structure was small that was that was the original structure there they took that all the way to the front of their house okay all right so does anyone on the board have questions I I ask a couple myself but any others Mr uh yeah I actually do I want to put this some kind of perspective here um you're asking for several variances here is this this is for different structures or the same structure this will be I got the wrong person I'm going to need them back oh that's true yeah we we we can Mr we can answer that question if you want to direct the staff hear it from them mind so do you have any questions for these no no sorry okay either okay thank you time to come back and um what's the what's the verbage we use rebuttal summaries well we' like to address these things at least one at a time so I'd like to make a request before we go on woles I don't want to hear anything more about interpersonal relationships is it just the facts of what over the survey and the like thank you thank you the original shed was 12 x 20 there was two sheds behind it we literally replaced the exact footprint fact it's on our survey I have pictures from 2004 and the survey from back then the fire hazard and the house burning down down the street is not relative go ahead was an electrical fire had nothing to do with a barbecue grill like they're saying um when we're on that since we're on that t uh that subject the uh if they're concerned about it being a fire hazard why do they Park their boat with gas in it right up next to the fence I just put the paper in there we'll take your word for that you don't need a picture um and you know one of the pictures that I showed y'all earlier when we're out grilling we have a fire extinguisher right there next to the grill they grill out you know right next to their house um a couple I'm noticing those pitches and I'm glad you brought up the fact that you can't go by pit so to speak with the Angles and so on and so forth um the uh the fence if you look at one of the pictures they had looks like at bows in um and it's not straight anymore now I'm not saying it's cuz they parked their boat there but you just can't get a good shot of the roof line with the pitcher as he said based on that survey they're proposed it's okay um and we can't show the but the the thing that they were saying about us creating it's working yeah okay um water runoff dra that's this is the day they were doing construction and the drainage was from their gutter because they did not have a grass down their area you'll notice it's not next to the fence line that was completely from them it was completely from their own gutters and not having grass that was making rivets in their yard and they were complete complete construction like they took it down I I tend not to interrupt people when they're when that's fine but um we just wanted to address the drainage the drainage issue and the the use of the adjacent property this is probably one of those personal issues that I said let's not go into you know all the way around and it drains on our property now so I just wanted to address that issue but and then I wrote down the fire hazard we have it's completely pressure treated wood it's a metal roof like I said insulated we just made it through cat one2 hurricane we did not expand anything we just replaced a shed to better use our property for reasonable use like everyone else does there's 28 other these in the neighborhood we're not doing anything different than anyone else in the neighborhood does we're trying to this is our forever home we need covered patio for all our grand babies I think that's all the issues that that came up we don't want to tear it down it suits our needs for our forever home it does not obstruct anyone's view it is on the side of our property behind our fence their corner of their house is right there they don't even see it because they look at their boat and we would never build an unsafe structure next to our master bedroom our master bedroom is right there we've created a safer environment for fire um or emergency erass we have a pool where we live on the canal we are much more comfortable with it so we appreciate your time and listening thank you thank you please be seated um again this arises I believe in District Two uh which I'm covering for our vacant board member and I cannot make a motion I one last question here oh sure I'm sorry I didn't I think it's for we'll go with you guys this time could you tell me if the variances they are requesting if they were approved or disapproved would it affect the neighbor's yard the length the distance and feet or inches the pro the the prop we know that so the proposed um variance for their covered patio goes right up the proper line so um and the reason why we have setbacks like that is so to have an appropriate um distance between Property Owners because during the course of the the life cycle of that structure there's maintenance there's runoff that needs to be accommodated in there so you know but that's that's a reason for having setbacks no I understand that what the current um the current variance that's not going to have any bearing on the property line between the houses correct no the property line is a property line right and this has already been uh done by a survey so on so forth right the survey that's included in the the packet that's done okay um do did we get a motion to we didn't get anything not yet so we need to make a motion I one you have another question okay go ahead uh it's it's for you too um it looks is there you asked the question to begin with uh for firemen or for anybody trying to get through here is there room for anybody to get through say a fireman wanted to get through I I can't I can't answer that question I don't know what what they require I would just use common sense well how how much room is between that building and the fence from from the zero the Ser the survey that uh that they provided shows um um five 5.1 ft between the shed and the existing house and then there's an AC and then there's an AC unit that may may inhibit some Ingress egress out of about I know I'm talking about this yeah I know nothing there it's up against the wall you were talking about the other side I'm talking about this side no it's full it's what it's full from house def fence so there's no space erass is only on the South Side okay egress is only on the South Side there's none on the North side I'm answering the questiones on sides if you got to come up to the podium there's Gates on both sides of our house no I'm talking about the gates I'm talking about how much room is there between the structure and the fence which are which side are you on the bar the covered patio this side the covered barbecue side get the picture of the I'm sorry trying to get the picture that you were looking at the way the drawing shows it it shows it right next to the fence it's next to the fence but show the interior of the the gate is hang on one more keep going keep going this way NOP this way this way is this on so this is a gate right here it's a 5ft gate to get in and so that goes straight that's to the front to the front of the house and to the back right so you can get through from the front to back what about to the side that side is the neighbor the neighbor's corner of their house they live on a corner cocked on the corner they have a corner lock so the only way somebody can get through here is to go through the building they go through this gate right and on the other side there's a whole another gate most of the houses have fence perimeters all the way around and they have two gates and you can go straight back to the canal into the pool all the houses we're talking about your house pardon we're talking about your house yeah that's what I mean they go you can go straight back CU where the front of the house here we go so so if I may it appears that once the gate is open yeah that you could get Ingress egress but you would have to go through the covered patio that's what my question was be it moving the the grill that's that's shown in the picture right no there's still that's a 5 foot gate so the grill hangs it's it's on Wheels so it hangs over maybe 3 4 Ines right I was looking at that too the picture because you've got your you've got your barbecue which is over the gate that's on Wheels so but yes they can come right through that that's a 5-ft gate it's an extra extra large gate so they can come right through and then once you get through the structure to get to the patio it's wide open yep wide open to the pool and theel when we had our discussion before about the erress I was looking at the opposite side of the house which is where you said it was 6 ft at the narrowest spot that was the shed in the AC so that's the other side and those are very well separated this is really long this is literally standing on our dock going up a hill those are 10 foot 10 foot paddle boards then the AC then there's about 6 feet to the shed the shed is 12 ft long and then there's at least another 15 ft to that gate so that's all open but the width is a minimum of 6 feet it's 51 and that shed to our wall so that's way we didn't it has the separation that's required on the south side or it's on this side on this side on the southwest side yep okay that's that's what I thought trying to keep everything clean and safe okay any other questions while they're up here okay thank you so much thank you okay um again we need a motion to approve or not approve um District 2 Mr mccan is not here I can't make a motion as the uh chair so I need some help I can second a motion but I can't make a motion as you as you do that uh reference variance one two and three there are separate separate variances are we going to do a vote on all three at it's your it's it's um your choice I'd like to PLL the board do you want to try this all at once or um take it as three separate ones I think we should do a separate let's do separate okay so I need a motion on variance number one which is the southwest side and that's for the shed and that's for the shed it's a it's a different what let's use some terminology here um the shed for the South side and what can we call the North side or northeast side Southwest Southwest is shed and then oh okay so this is only variance number one all right so variance number one a variance of 6.4 ft from the required 7 1/2 ft side setback can I get a motion from someone for variance number one I make a motion to approve the variance on 6.4 ft from the required Southwest 7.5 ft side setb for the accessory structure okay and that's for the shed does anyone uh want to make a second if not the chair seconds so we have a motion on the uh floor and Dr Bass it's not this one we're talking about only this one now uh any discussion are we going to move to a vote on number one okay um I'm going to read the six questions and keep in mind that these apply to the other two variances as well um that special conditions and circumstances exist which are not applicable to other lands structures or buildings in the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant the granting the variance requested will not confir on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in The Identical zoning classification the literal enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed for by other properties in The Identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure that the grant of the variants will be in harmony with General intent and purpose of this chapter and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare so with those six hardship questions in mind I will call the vote all in favor of of variance number one as we had the motion for please say I I any opposed yes yes um chair votes yes now I need a legal def uh interpretation we have a motion to approve with a two two vote does it pass or not is it 22 or 31 two two2 let's pull again Mr Holmes yes or no no no yes yes yes no two two does not pass does not pass does not pass okay okay um that uh motion is denied and so therefore that variance is not approved uh now we'll move to number two which um um polling the board again it looks like both of these variances are related to the same structure should we put those two together in one motion because I don't think that yes passing or denying one or the other is going to do good so if I may just clarify so variance number two is for the setback from the 7 and 1/2 ft so they're requesting a full variance for them from the 7 and 1/2 ft the other number three variance is the 5- foot separation between the primary and accessory structure so I'll do it separate okay so I need a u motion for number two which is the zero set zero set back from the fence or property line please nobody's making a motion so is this one die without a motion anyone making a motion you could making a motion to approve it or disapprove it deny it either one but making no motion all you have to you would have you have to make a motion or you have to make a decision the chair will U make the motion uh in this case to approve the zero setback uh as depicted on the uh survey dated I can't read this date I don't have June or 67 2024 67 2024 um so please somebody second let's have a discussion or a vote uh Miss Mard seconds the motion uh do we have any further discussion I guess we didn't have discussion we had questions before but it turned into a lot of discussion so any other all right the previous six questions that I read apply to this Vari minut Oh I thought you said we didn't uh all vote on this one no no I I I agree you agree I agree um what I was trying to get out of was rereading all six questions all over again those still apply um but having read read those before they're in the record um I now call the vote on this one to um the motion is to approve the uh zero setback for the new covered patio uh all in favor say I I I okay any opposed yes yes okay uh chair also opposes so uh that motion failed on a vote of um three to uh 1 to three 3 to one whichever way um so that motion so that application for number two is not approved um since that really affects so the so the motion was to approve yeah three Nos and one yes so so the motion so I I would have a motion in the affirmative no I think we're denying it no no no so so the motion on the floor was to approve the variance correct and so if you have three in the uh affirmative no three negative we have three in the negative okay I got it okay yeah I wasn't sure which way that's fine I just want to make sure cuz yeah three negatives one positive um okay so the the motion fails yes the motion fails now my question is procedurally do we go on to number three or this pretty much affects well regard you you have to make a motion to yeah whether it's whether it's approve or deny uh variance number three Okay so we've already had enough questions and answers let's somebody make a motion to approve I make a motion to disapprove uh item three except excuse me what did you say depict it on uh 67 2024 disapprove dis I'll make sure clarify so just to clarify so variance number three the most on the floor is to deny variance number three which is to allow for a 5 foot uh variance from the 5-ft buildings yeah it's a 5 foot separation says 5 foot spacing not 5ot it's a separation yeah okay so the motion is uh the motion is to deny the application to to disapprove I I yeah the motion is to disapprove the application for a 5 foot spacing um between the principal structure and an accessory stuation yeah between the uh principle and the accessory structure um Let's see we have a motion on the floor any discussion so this means she would have to remove that shed I mean we're we're just denying the the set pack okay no actually all we're denying is a request for a variant they are welcome to bring it another one back correct have whatever they need to do yes not good options but they have options um so I think that's the end of the discussion I'm going to call the vote to need to have a second we had the motion it was there a second I'll second there was a sec I'll second so Mr uh palberg has made a motion to deny chair has uh seconded the motion um we've had our discussion or do we have any more discussion this one's been a long one all right um the original reading of the six uh hardship question still stands for this third variance uh at this point I will call the vote and this vote if you vote I it denies the application if you vote nay it approves the application so keeping that in mind all those in favor say I I okay all those opposed say nay uh so we have one approval and three abstentions well that doesn't you have to you have to vote I I vote you don't have to I V Sor you don't have to vote just pass vote nay nay approves the motion yeah nay approves the variance and I disapproves so the motion on the floor is to deny variance number three if you vote in the affirmative that you that you are affirming the denial right okay so how how many want to affirm the denial say I I I so there's two eyes any opposed May no okay the vote again is two to two but that's for a denial correct so therefore legal does it pass or not pass it's a denial it does not pass there's no quum so if you want to entertain if you want to entertain a motion to approve and get we'll get the same too to and well but then at least that's an outcome of with finality okay so let's put a uh let's put a motion on the on the floor to approve the variance um I still need someone to State it now this time a vote yeah of I is to approve the variance correct and nay is to deny the variance okay so all those in favor can we just say it's a reverse of the previous l do we have to State I would I I would defer to gr but I would rather have it spelled out all right yeah may I reiterate the uh motion that Steve is making that we have a motion to approve the application for the uh third variance as depicted on the survey for the building separation for the building separation of the the new structure between the principle and the accessory structure right so now we have an approval so an I vote approves the approves the variance a nay vote disapproves the variance so I'll Now call the vote all those in favor of approving the variance say I I I okay all those opposed nay and the chair votes nay so now we have two for lack of a majority it does not pass okay very good so the approval does not pass so correct the variance is denied the variance is not approved Mr chair who who second who second the motion uh for for lack of memory I'll say I did okay so this is this is for the appli and so since the since the board did not the board of adjustment did not approve the variance so you can come back and request a different variance for that but it can't be the same I think you'll uh if when they come to you you can work out whatever their options are and all that okay Mr bod could we have the next applicant please yes item 87 Kenneth Glen Slade and Robin Glen Slade request variance to require the a variance of the required with in an au zoning classification variance application is 24v 0035 located at tax account number 241 0747 in District 1 okay the applicants come forward please applicant or applicants hi good afternoon my name hold on name and address for the record please my name is Kelly hion Del Monaco 355 spoon Bill Lane Melbourne Beach okay and I'll swear you in are you you swear that the testimony you're giving us today is the truth yes sir okay now you can go sure I'm here today on behalf of the property owners Robin and Ken greenslade the property you see in front of you they purchased in January of this year and it contained an old dilapidated single family home on it um they demolished it after receiving a permit in February of this year and the property is zoned Au um they purchased the property because of what they could do in the Au zoning including construction of a new single family home however construction of a new single family home on this Au zone property requires a variance to the lot width to be buildable um it's required to be 150 ft in the code and this is about 12415 ft however if you look at what's in your package of the aerial and the property lines that lot width is really consistent throughout this area um and there's even some smaller lot widths to the South so we're happy to take any questions but we believe the request for a variance in lot width for Au allows them to build a single family home um just like the surrounding neighbors and what they intended okay um your application arises in district one uh Miss Mard you have the floor for questions hello hi so they already tore down the existing the old home correct so now it's just blank now they want to build a new home cuz that home has not been built as of yet correct correct yes and they um they can't get their permit until after they get this variance and that neighbor to the left they aware of the variance correct the one to the west or if you're looking at the house to the South and North to the west to the West they would have received a notification um about that however they have their access off of US1 and the house that they would build on this property would be very close to Indian River Drive or what's that road name called I almost forgot Indian Indian River Drive I that right so they would they would replace the house you can kind of see it in the aerial a little bit um close to the river up there so the land on the West Side would remain untouched okay no other questions okay have any questions yeah matter of fact um do you know what size the house will be that they want to build on is there a drawing or anything in about 4,000 under roof you don't have the dimensions do you no because they is this just an idea yes y they have the they have the drains conceptually put together but nothing submitted yet for building permits but it will have it'll have a view on the west side of Indian River Drive of the river okay and everything that they constructed to will meet the standards of au we don't need any variances for setbacks or anything like that thanks you're welcome no I don't have any questions thank you I don't have any questions I have to go through the procedure of asking for uh so if you could just step side please I wouldn't go too far is there anyone here who wishes to speak in favor or opposition to this application thankfully no one please come [Music] forward and any last yeah I I think he gave a good presentation nope we're good okay thank you thank you okay this one arises in district one miss malar you have the option of making a motion I make a motion to approve this variance of 26 feet from the 150t lot with required in a Au zoning classification with a revision date of 829 24 I'll second that okay we have a motion to approve by Miss Mard and we have a second second by Dr Bass um any discussion only uh from myself is we run into this occasionally maybe once or twice a year where an area like this may have been rezoned in the past uh over lot lines that are already exist and the uh gross resoning hasn't caught up with the the individual or or a blanket across all of these Lots so um this is not unusual this happens quite an quite often um any other discussion all right my questions six points yeah there they are all right I'll read the six points of a hardship uh definition that special conditions and circumstances exist which are not applicable to other lands structures or buildings in the applicable zoning classification that special conditions and circumstances do not result from actions of the applicant that granting the variance requested will not confir on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in The Identical zoning classification that literal enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure that the granting of the variants will be in harmony with General intent and purpose of this chapter and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare with those uh questions in mind uh I will call the vote all in favor of approving this application say I I I I any opposed the motion passes unanimously 4 to zero and the application is approved Mr bod could we have the next applicant please yes item h8 Brianna D marks request variance from the front setback and spacing distance for an accessory structure in a TRC -1 zoning classification application 24v 000038 located at tax account number 24432 and district one okay hello name and address please Brianna marks at 6201 gulie Avenue in Coco Florida okay um are you going to speak no sir okay moral support uh do you swear the testimony you're going to give us today is the truth yes okay go ahead tell us what you want okay so I bought a piece of property with a home on mobile home on it from the clerk of courts and it was deemed unlivable so I had to get it demoed which I did and then I got a new home put in where the old home originally was and there was also a shed on that property originally that I bought that was already there I just wanted to leave it there where it was originally at and put the new home in and I had a contractor helping and I had a mobile home company come put it in and set it up and everything I got everything done and I was told after the fact even though the contractor and the mobile home company had my survey to see where it needed to be put apparently it was not put in the correct place and and I had all of my um what's it called my um not permits it's the what inspections I was having inspections done and they were all being cleared so nobody told me that I wasn't had to do anything differently until I got two inspections done and then on the third one they told me the home was not in the correct place and it was I think almost 3 ft too far forward so I couldn't do the hardship since it it was too far forward I was told to come to get a variance so that I can live in the property and both of my neighbors all of my neighbors have been informed and nobody has an issue because it doesn't affect anybody but me so you've been listening to everybody else testimony about um so uh your application arises in district one which is Miss Mard you have the floor again for Hi how are you hello I came past your property I saw everything so just in the um nut and shell of this is that to no fault of your own you had the people there to help you but they just happen to place it in the wrong spot mhm and now you just need a variance for those three feet correct MH forward yes okay no questions as a father to a father you should be PR your daughter she did this all on her own and uh saved up for about good for good for you her starter place but we just absolutely we're learning as we go and this was just a little H up but I do have one question for you this is not a mobile home park you bought the property right no it well it's my I own the land so it's mine but it's like near one I guess yeah good for you good job stay close um any other questions no okay don't go too far is there anyone who wishes to speak in favor or opposition to this application seeing none you come back final words um no I okay okay um M Mard it uh rises in your District you have the option of a motion I make a motion to approve this variance as depicted on the survey provided by the applicant with the revision date of 81524 I'll second okay we have a motion to approve by uh Miss Mard and we have a second by Mr homberg um any discussion discussion okay um so I will read the uh six questions um that you will consider when making your vote that special conditions and circumstances exist which are not applicable to other lands structures or buildings in the applicable zoning classification that the special conditions and circumstances do not result from the options of the applicant the granting the variant requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in The Identical zoning classification the literal enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the variants granted is the minimum variance that will make possible the reasonable use of the land building or structure that the granting of the variants will be in harmony with the general intent and purpose of this chapter and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare with those in mind I will call the vote all in favor of approving this app this application say I I I I uh any opposed the motion carries four to Zer unanimously and the uh uh variance is approved may I ask something out of how old are you I'm 21 all right thank you thank you all you're have a great day yeah you too you're not supposed to ask a lady her age I just I thought you was okay like I say that was not part of the official proceedings Mr chair before we leave that item uh I'm reading the survey date correctly was it 8:15 or am I seeing the signature final signature date in the pack as 9424 um I believe you're correct the the survey date is 44 but it was digitally signed on uh 9424 so the official date would be the signature date that's 9424 I I I think we grabb the uh the last addition of the shed date instead of the actual Ser uh surveyor signature date so was that adequate to read it into the record is it which which item is this for just correcting the date on the survey the motion to it says it's digitally signed on the date of 2024 904 correct is that should be the date that it should be called out oh so this date was wrong I don't know I don't remember what date we put into the motion I said 1110 regard regardless of the the date it's pretty clear your intent was to approve it with a survey date that's on the survey is the survey provided yes okay correct thank you okay Mr bod uh applicant number nine for the [Applause] day yes item H9 George M Scarboro and Marilyn Scarboro request variance of the required lot size in an au zoning classification application is 24v 0039 located at tax count number 2155 09 and District 1 um who is going to speak well can you help them adjust the microphone or whatever down okay hello my name is Richard Powell I'm a friend of the Scarboro um name and address for the record sorry uh your name and address for the record oh yes sir my name is Richard Powell mhm I live at 4745 Ivan Street in Coco 32927 excuse me we don't have a authorization for you to be the applicant okay um there son W up being delayed on the road he uh picks up and delivers yachts and boats do you think that he'll be here shortly no what happened is he thought he was supposed to pick up the boat on Monday Monday happened so he's not going to make it to this meeting so is George or or Marilyn I'm here George y'all can represent it y'all are the uh owners great they were looking for somebody to speak can can we don't have uh authorization okay can they authorize yeah I was just going to say Greg is it can we take a verbal um authoriz I think so since the owner's a present let's do this pull the microphone up let me swear you in so name and address for the record D Diamond Road Titusville Florida 32796 okay and for the record go ahead and dat that you're going to no I'm going to get to that swear man yeah you swear the testimony you're giving today is a true Ruth yes sir okay my question is are you authorizing Mr Powell to speak on your behalf for this application today yes sir okay now you can step back and you can Mr chair I would I would have Mrs Garbo do that as well if she's listed on the on the deed of the property she's part of the property owner this is that's not her that's not her this is this is my daughter in law so there's so it's it's a joint yes George and Mar Scarboro she's just could not be here for this so Greg are are are we on on firm ground if we only have one of the owners we halfway for purposes of authorizing someone to speak I think so yeah I think I I just want to make sure just one owner yeah okay as long as both of them m i I guess we're part of the uh application um but just to authorize the speaker I think just the one owner will be sufficient okay so M Mr Powell you can now speak on behalf of Mr Scarboro all right thank you very much the essence of what they're uh applying for a variance for is that their property is less than 2 and a half acres zoned AU um that um that occurred some but sometime before they bought the property a portion of the property was sold off which rendered it as point or is 1.77 Acres so they're simply looking for a a variance to allow them to uh pursue the benefits of an au's zoned property the property was developed in 1979 and it's a an old structure it needs to be modernized and uh continually rendered safe um to be safe uh it also you're looking at trying to compete with properties in the area that uh have the benefit of uh submitting for building permit in order to develop fences for uh their animals as well as structures to house the animals so we've going through the same six um items that youall must uh have us meet we we have the application here with the six questions filled in and I thought that they did an adequate job of presenting on with the information okay um your application arises in District One um here we here we are again miss Mard hello hey I'm familiar with the area came out but I need to be very clear today and I I would like you to just clarify everything for me what you're here today to do is what what do you need from us we need a variance of 77 acres in a Zone Au area for what purpose what are we going to do with it in order to uh develop the property as well as to maintain it like we wouldn't be able to pull a permit to put on a new roof without this okay so I think it might be Meed maybe I have a brain fog so when I went out there and I saw the property right um so they just asking is au property we're not putting animals on the property are we any what now animals are animals on your presently on your property right now yes there's ducks and chickens ducks and chickens and what else um a goat skis and there's a single guu so what what I miss m what I would tell you is is that this variance request would legitimize the size of the property Au requires 2.5 acres and the property does not meet that so this is a dimensional variance to legitimize the size of the law okay that's what I needed thank you so now I'm very clear cuz when I came out I was really not too clear but now it makes perfect sense to me so what we're trying to do is what he just said right so you just need a variance to make it legitimize really pretty much so I have no more questions for you I'm very clear on it now all right thank you go ahead oh you have a question do I look like I have a question I do have a question I do have a question if uh if this I'm very bad in math if this was 2.5 acres and you want to take like 3/4 of an acre away and this was sold off is there like a bill of sale or something through County I mean how did this happen you just can't the property already is existing yeah we have the yes at 1.77 Acres it was subdivided into this configuration in 197 so it's not 2.5 now we're no they requ requesting an a variance to the 2.5 acres they're requesting a variance of 0.73 Acres from the 2.5 acres required for the Au zoning that's correct yes but what size is the parcel now 1.77 Acres so they're just doing something like everything else they're trying to legitimize it for the size I got you okay you had me there for a minute thank you sure okay my question is more more of a point than a question and that is regardless of what we do with um legitimizing the this size you still has to meet all the zoning requirements of an au be it animals kids right the uses already allow based on the Au zoning so nothing that you do here would take away or Grant additional uses on the property all right questions no I okay that made it clear thank you just hold tight are you here to speak in favor or opposition to this no no I'm so there's no one in the audience that is speaking in favor opposition to this uh you can stay right there any final words and then we'll move to this side of the bar okay okay no I I I think now that Miss Mard is is clear i c make me more clear too so yes I like to move on all right thank you um so miss Mard I make a motion to approve this variance as depicted on the survey provided by the applicant with a revision date November 10th November 10th 22 2022 I'll second that all right we have a motion to approve the uh application as depicted on the survey um the variance um made by uh Miss Mard and seconded by Dr Bass um any other discussion all right I will read the variant questions and we'll call a vote um the special conditions and circumstances exist which are not applicable to other lands structures or buildings in the applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant that granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in The Identical zoning classification the literal enforcement of the provisions of this chapter would deprive the applicants of Rights commonly enjoyed by other properties in The Identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure that granting of the variants will be in harmony with the general intent and purpose of this chapter and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare with those six thoughts in mind I will call the vote all in favor of approving the motion say I I I any opposed the uh motion carries uh unanimously four to zero and uh the application is approved thank you thank you you I can't usually these things are printed out I can't read it Mr bod could we have the uh 10th applicant for our uh for today yes side of number h10 Joseph desert and Amanda desert request variances of the side setbacks required for a boat dock and an ru- 1-11 zoning classification variance application is 24v 00004 located at tax account number 2688 62 and District 4 okay this application arises in District 4 dror bass you have the floor for oh wait a minute name and address for the record uh Joseph R Deer uh live at 518 Jolly Roger Drive Satellite Beach Florida 32937 okay you swear the testimony you're giving us today is a truth I do okay sorry jumped ahead there Dr Bass you have the floor okay so you you want to put in a dock yes ma'am all right and we can see that these are very limited areas yes ma'am so where so how much yeah would you explain how wider how is that going to fit in between your two Neighbors on one on each side there um so let me pull up the survey I'm not sure if you have that available I do but I'm I we do okay um maybe a Google I've got a Google Maps image that I can I think we probably have show as well that as well um maybe if you took the took this and put it on the overhead okay I don't know maybe that would help yeah that's whatow it up a little and then you can point to it around one flip one more time so it's orientated North yeah oh other way there you go okay okay um so so my request is just to build a boat dock along the north um property line there um and so that be immediately adjacent to my neighbor's property line to the north um my neighbor to the north already has a boat dock that's that's there um that extends about 20 ft into the water um additionally my neighbor to the south on the kind of South uh Western property line has a boat dock that uh runs about 30 ft into the water um right along the property line as well so I'm pretty limited on where I can actually place that that boat dock um where I'm requesting to to put the boat dock I think offers you know the safest way to actually navigate into that area having you know being in that that corner lot and um you know just would avoid any potential you know issues with uh you know navigation or safety uh are now is your boat do is that going to be horizontal with the property or is it going to go out into the water like your two neighbors it it would go out into the water like my two neighbors yes ma'am okay and how how wide is the dock I mean how much room do you want there not so the dock the actual dock platform is 4 feet wide okay and it extends into the water line 30 ft okay and that's the same to my neighbor to the north has a very similar layout his extends out 30 ft into the the water so that would not that's not going to inhibit either one of your neighbors for getting in and out because it looks like everything is going straight in ex nobody's doing it parallel yes ma'am okay and I I do have I did speak with both my neighbors um so my neighbor to the South and apologize for not having a copies for you but uh he did provide a letter and it said to him a concern I have I have had the opportunity to discuss and review the plans for 518 J R drive my immediate neighbor and their plans to seek a variance this variance would be very similar to the variant I received to build my boat dock and lift given the layout of our respective properties I feel this gives us as well as the rest of our neighbors the best possible orientations for our boats and dock usage I fully support granting a variance for the proposed Dock and lift and have no concerns or issues with it sincerely John Sawyer and then my neighbor to the north also provided a letter uh to human may concern I have reviewed the attached plans at 518 J Rider drive to build a 30ft dock on their North property line I have no concerns or issues with the proposed layout and the associated variants request to build a dock sincerely Zach and Melanie Featherstone um so so they're they're all on board as well we don't have any copies of those we get copies of those yeah I can provide um they'll eventually go over to staff but let me take them thank you good yes so as as you guys review those those letters so our code allows for projection up to 30 ft because of the width of the canal and that's what this the doc is doing so the two variances are for the S up B our code requires a minimum of 72 ft so there's a variance on the North side and then there's a variance for the south side too because this is when you get at the end of the canal everything gets jammed up into a piie shape so that's that's a reason for the variances for the S setbacks okay I don't have any more questions okay uh does anyone else have question I have one I think you probably answer to Is it going straight out or on an angle it's a straight out straight out yes sir wow that's a jam up what size is your boat uh it's 28t boat uh so yeah that I would I I would like to build it uh not that way because it' be much cheaper but that's really the only way that uh I I can yeah that would be tough not good for you yeah Mr chair I I just so the applicant is aware that the projection includes the boat and the motor oh good point so 30 ft means that that boat cannot go past that 30 ft including the engine including the engine is it an outboard it's an outboard and we looked at that and it should fit within that that envelope yes sir okay that's come up before as well as these congested Lots in the middle we've had some contention this one Builders like to build close and everybody wants to have some access to their water yes okay um obviously there's there there is no one else in the audience so there's no one here to speak in favor or against the uh application um before it moves to us any any last words uh no sir nothing else to add okay have a seat please um I have one question what is the date on the survey I'm I'm having a hard time because we can't see it we can't see it if the survey matches the one that I have here it's uh on the 4th of September 2024 it is that correct Mr bod yeah there 828 there's two um right one is yeah it's got a revision date with the pylons at 828 24 right but I have one here that's survey signature of 9624 sheet two of [Music] two oh that's the same it's 96 okay I will add that um there was a bunch of revisions at the end just to make sure that I had the correct dimensioning on there but there's nothing physically different about the doc we'll just use this as the application I would use yeah 96 yeah okay no more questions uh no more questions we need a motion your District Dr Bass I make a motion to approve the variance as depicted in the survey with the revision dated 9624 I'll second okay we have a motion to approve by Dr Bass a second by Mr homberg um any discussion okay um so I will read those pesy six questions that special conditions and circumstances exist which are not applicable to other lands structures or buildings in the applicable zoning classification that the special conditions and circumstances do not result from the apps of the applicant that granting the variance requested will not confir on the applicant any special privilege that is denied by the provisions of this chapter to other lands buildings or structures in The Identical zoning classification that literal enforcement of the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in The Identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant that the variance granted is the minimum variance that will make possible the reasonable use of the land building or structure that the granting of the variants will be in harmony with the general intent and purpose of this chapter and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare with those thoughts in mind I will call the vote all in favor of approving the application excuse me say I I I any opposed the application or the motion passes uh 4 to Z and the application is therefore approved um do we have any more business before the board today I just have one note for you all to consider so today today's meeting we had some um discussions on some variances and one of them we had a denial so I think moving forward if you guys can provide just a short reason why for the denial and make that part of your motion I think it it would be helpful if this if something if the next step would be to for re reason for that denial right as as uh Mr bod at the beginning of our our session reads that they have rights to go to a court of comp yeah there there is there is a appeal process and they could you know take it to civil court and so uh discussion like that within the board minutes just just just a reason why and it can be you know um you know you know for whatever reason and I want to put something in in in there but you know rational Nexus for additional clarification you know the six you know points that you read with each application are actually intended to be findings of fact because you're a qual Judicial board so if you're wanting to do a denial you may be able to point to one of those six as not being met as you reason for denial or maybe more than one as the case may be but at what point would we put that into the the minutes or into the will we do it at the time of discussion before the vote or after pull the board after what I would say um I would probably do it as part of the motion motion for denial for due to lack of of meeting the requirement you know for whatever it is um you know that we find that you know whatever one of those six points is not met you know and whatever your thinking is I mean I you know I'm kind of speculating but well I'm I'm small push back um we get our motions we try and keep them my my point is to try and keep them clean saying we're either approving or denying this one as depicted with this this exhibit um when you start because of and you start into that in the motion I don't think it has to be a detail but you could just say you know like uh Point number four you it does not meet point number four or something like that or you know if you want to say Point number four which regard with regard to and I don't have them in front of me yeah but you know just a few words to just indicate you know what the thinking is without now I think you will have already fleshed out more of it in your discussion before you vote but that's what I'm thinking the i i i in the discussion I would vote against this because Point number four jurist to the neighborhood or whatever yeah exactly I would do that in I'm you're the legal expert here but but we found in the past that it too much discussion of the why's in the motion that's one person's opinion and then somebody's seconding it before the board actually discusses and everybody gets their say that's all I it just it's kind of early on putting the reason behind the motion understood um but how how much how much does the county put into what the other person says as opposed to the client because that that's a major difference in in all these boards whether it's County or I was federal government you you if you have six things that the board deals with we can make a motion to those six things but if you have people on the outside coming in and saying they have civil courts and you know all this that's really has nothing to do with us so that shouldn't even be brought into the uh agenda or to to motion correct that's correct yeah yeah so that that puts us in a spot where there should be a document that says this committee only makes motions for yay or nay according to the variance the request which is why we're here and the six items that are on the end that the the head honcho reads every every variance I mean that's what our focus should be yes correct yeah yeah that's it's not really just ministerial it's actually the basis for your findings of facts um and you know the reason you vote whichever way that you choose to I'm glad we had this conversation um seeing no other business before the board I uh call this meeting adjourned oh yeah that's a good idea the opinions expressed by any member of the public during any period of public comment do not necessarily reflect the views or opinions of the board of County commissioners of Bard County Florida Space Coast government television or the program sponsor and are solely those of the presenter the board of County commissioners of bravard County Florida Space Coast government television and the program sponsor hereby expressly disclaim any and all responsibility or liability for any defamatory or slanderous statements expressed by any member of the public during any such period [Music] [Music] [Music] [Music]