##VIDEO ID:_DG85G_RoJw## [Music] [Music] oh a [Music] a [Music] [Music] a [Music] a e e you yeah that sounds first TR e e PL to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible liberty and justice for all this meeting is now called to order staff announcements 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 Bard county code the board of adjustment is empowered to hear the request for variances to the zoning regulation and sign regulation in chapter 62 article 6 and article 9 pursuant to the Florida rules of appellant procedure any person or persons jointly or severly agree 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 M M M chairman you have four items on your agenda today correct second reading yes M chairman 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 reg reasons shall not be considered as grounds for an establishing undue hardship sufficient to qualify an applicant for a variance economic reasons may be considered only in instances where the landowner cannot yield a reasonable use and or a reasonable return under the existing Land Development regulations the applicant must answer a variance hard ship worksheet with six questions the board of adjustment will discuss these questions today with each applicant who has requested a variance thank you Dr Bass third Reading Please Mr humberg I will now address the board members the applicants and our audience regarding the board procedures for today's meetings the board the board of zoning adjustment as a quasa judicial board with members AO appointed by The Bard County Board of Commissioners will utilize robbert's Rules of Order to conduct its proceedings the chair is asking all board members not to ask any 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 represents the applicant's current 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 only once at the conclusion of public comment the applicant will be given additional time for rebuttal as well to present their final comments once completed no further comment will be heard from the applicant or the public the action then moves to the board for discussion and final action we will not use a timer for this meeting instead we are asking each speaker to be concise in what they have to say it is important that you stay on the subject and avoid information that is not relevant all persons speaking must provide their name and address for the public record those wishing not to verbally State their address may ask the clerk at the podium for an address card please fill it out and return it to CL Kirk when you finish your comments thank you meeting minutes any changes and motion to approve I'll make a motion to approve I second can we all say I I thank you applications for variance reading application Mr bod please yes chairman I'm going to read in application G4 first because the applicant has asked for it to be cancelled and that is Christopher and Lisa Manion request fance for lot with required for an au zoning classification the application was 24v 000029 as tax counts number 2768 and 2774 in District 1 and again the applicant has asked for this to be cancelled so we won't be hearing it today application G1 Jack kitchen request variance to the front setback required for structure and side setback for principal structure in an ru- 1-11 single family zoning the application is 24v 0015 it's located at tax count number 2515 226 in District Two may we have please have the applican come down to the podium good morning I'd like to swear you in okay swear to tell the truth yes I do and uh Mr kitchen the actual land owner is here as well and so would he like to speak as well you can come down to the podium uh come on down and let me swi you in as well you swi it swear to tell the truth I will okay present your case all right Miss chairman uh my name is Victor Watson I'm a real estate attorney my address is 3490 North US1 Coco Florida I'm here representing the applicant uh who's also here uh we are requesting uh two variances for uh Mr kitchen's property uh the first one is a 2 and 1/2t variance to the 7 1/2t side setback uh he's got an open air covered area um and uh he'll have a column that's 5 1/2 ft from the side set back line uh rather than uh 7 and 1/2 ft um we've worked with the staff shown them exactly what we've got we've also uh filed a uh a survey um with the staff and I'll present that to you in just a minute we also have uh letters uh from The Neighbors in particular they with regard to this first variance um we've got uh the neighbor over on that side uh who's in favor of allowing that has no problem with it um the second variance is uh with regard to an accessory building to be built um this lot is on first of all it's in two parts on two sides of a culdesac one side is over the main the main structure where the uh house is and then across the culdesac is the second part of the lot these have been joined together they're they're one lot um and it because it's on a culde saac It's Kind it's an unusual shaped parcel um so that it's uh you know the when you look at the setback you go 20t back it's a curved line going back so we're just basically trying to to straighten out that line uh we're requesting a uh you know 9ot variance to the 20ft front setback uh requirement uh Mr uh kitchen has a a boat who wants to store there and and you know use this property basically just trying to to fit the building to the lot and we also have letters uh and these were filed in the file we weren't sure if you got them all so we've we've got additional copies that we will file we've got three letters uh primarily as to the uh the outbuilding and then we've got a letter you know from the the adjacent neighbor uh with regard to the the variance for the covered area so present that I'll give you the letters first that's all right okay thank you sure yep and you're whereare the once we get these we can't get them back right we understand cool sounds all right see this okay do you guys not want to see them before I get M yeah I'm just going to take a look here I'll pass them over to them when we're done um we open the floor for questions we'll open the floor for questions now but we would like to see the letters as well they were not in the packet they were not okay right that was my question right Dr Bass if you have any questions yes get my mic on yes I had a couple uh regarding uh question number three the answer was um that other houses in the area are also covered with open porches uh when was this development built what year please or this house other one um Jack kitchen homeowner 1735 r 5 2 the current home was I'm sorry the current home was reconstructed in 2019 make sure you talk into the microphone so that by reconstructed but when was it the original home I think was built in the early 80s late 7s okay um that's when the neighborhood was developed and the house was in disrepair and a developer I guess bought it tore it down and rebuilt this house I think they left one wall and some slabs so it wasn't a completely a new build and we bought it new Construction in February of 21 so 1980 yeah somewhere in that time frame like late 70s early ' 80s the neighborhood was built my question is then uh when you state in question three other houses in the area also have covered open air porches so my question is did those people apply for a variance was this approved or did they just do it in 1980 and with without approval I'm I'm not 100% sure I think the the point of when we wrote that was that there was actually a cover there and it went into the 5 foot utility easement as well when was it done what year um it was done when I after I bought the house because it the guy who built it said it wasn't attached and I would I I Paul pointed out that it should have been permitted or whatever so we took it down and so we're starting over and we want to do it the right way but with the 5-ft utility easement we weren't able to set the poles at 7 and a half then have the 4ot overhang that's normally allowed so we're just asking to be able to set the poles at the 5 and 1/2 to give me some you know Grace there so that that space is usable because with the poll sitting back at 7 and half ft is right in the middle of the walkway my my question really comes down to did the other houses apply for variances are they legal or were they done in 1980 when they just did it I would assume that it's just they're they're legal and they were built new construction and it's just the look of the of the porch is 1980 it was built and then they applied for a variance because I for this let me just clarify I don't believe we're saying that uh that they were that they needed a variance I just we're saying that there are also open you know covered areas with the houses but because of the layout of this house and the easement and so forth and uh the the wooden deck we're just trying to tie in this this uh overhang uh so that it fits to the deck and and fits to the house and so forth I have a similar question uh on number four where you say other Lots in the zoning classification are also able to use the width of their Lots uh construction up to the width of the side setback so my question is basically the same did they get is was this different than your lot or did they get a variance or did they just do what they wanted to do I'm just wondering right I I think again that situation what we're what we're saying is that um It's Not Unusual to have these buildings around what's unusual is is that we're on this culdesac with uh which creates this setback you know if you think about it the at the outer perimeter of the circle the setback is is back quite a bit compared to the the sides so that when we draw a straight line across to have a straight line building rather than a curved building going around the setback um you know we we come forward uh with relation to the to the road so it's basically you know in in that front area off to the sides it's okay but in the front you know we encroach into the setback we're we're not saying that oh boy everybody's got this exact same thing I understand that not my question okay on the notific of properties did you notify all the property owners that you were going to apply for this variance yes i' I've talked to each neighbor individually to P my whole plan what I would love to do there's about 10 residents here that are required to be notified I just wondered if you notified I since when we got that notice we had the highlighted houses around it I didn't I wasn't aware I just went to the adjacent Property Owners originally there's two more that I was able to see Yesterday Once I looked at the packet I finally got the thing downloaded and I was able to talk to him and we were kind a close name so you only asked the ones that are number one and number 10 on the guide uh which is joining your property number seven and 10 and 11 so 1 10 and 11 are the only ones that you notified let me see [Music] here so it' be number 10 number four number five are that's where the letters are from those homeowners number one um she's a traveling nurse I've met her once in two years and I she has not been in town since we started all of this um I spoke to um number 11 he wrote the letter for the porch on the side he's also aware that I'm trying to build the accessory building has no issue with it I talked to number eight his name's Ken and um number six is his name is Brian his wife yesterday and I was like hey I'm having a meeting tomorrow I didn't know you guys were in the and they all got letters and she goes yeah we got the letter kind of do what you want like no one really any heart on I mean I I believe the number five which has an adjoining property de years has not been notified yes and that's one of the letters sorry it's 10 four and five are the letters for the assessory building one was the only one that touched that area that I wasn't able to get an actual letter from her or speak with yeah and they were all they all would have received notice from the staff I mean they all they all receive notice is that correct Mr VOD they they get the letter the staff everybody within 200 ft has sent a a letter out okay that's basically my question yes thank you that completes my questioning well thank you okay Mr Humber yes I have one question you you the garage you're going to build um you got a can you make sure you talk into your microphone talk to myself the garage you're going to build you happen to have a diagram uh it's the the this or from a cad or CAD drawing or anything survey put the propos look at this I believe that's in the package yeah I'd like to see a different one though this is a little larger you can yeah that's good thank you so is it a standalone garage yes with power and uh all that chest that's the plan okay here thank you so much yeah we have to keep that yeah that's fine we've got other copies y did you all want to see this before I I have it in my package I just want to make sure before I hand it over no I'm good any other questions no okay chair um so I'm curious just on the property itself it's obviously very unique because they're separated Parcels uh when you purchased the property they were already together is that my understanding or did you buy both separately and combine them long story short we bought that you're talking into the microphone so the long long and short of it is we actually bought 1725 which is next door and in the process of that we didn't we didn't like that someone could put junk in front of our new house kind of thing so so we split it and we were able to use some of the current codes to rejoin it and Vic helped with that yeah and so it became one lot and then once we all kind of had it and the the guy that was next door that we bought it from was like yeah I I was going to build a building over there and yada y y and said he had kind of started the process sure and said that it was doable okay and hindsight's 2020 know that's where we came into the we got to ask for permission you know it's not a wasn't as cut and dry as he advertised it as it goes yeah he started talking about the road was bigger than it was supposed to be so the setbacks only 15 ft from the road really and you know whatever so that was pretty close to what I was looking I was like no it's you know we got the survey nope it's 20 feet it's halfway into the lot and I was like oh that sucks I understand so then so by putting those together because the the piece just to to talk out loud with what's going on it's looking at the again keeping the Integrity of the neighborhood on it it was obviously a vacant lot or it had this uh one shed it's a shed yeah they had that on there when you purchased it yeah and we got that part of it and so it's got tools in it now and then obviously you're trying to add on to it but just trying to keep that Integrity of the neighborhood I want to know if that was always part of this particular property because it's interestingly vacant it's technically always been an eyesore it's it's been an eyesore for years the plan of this is to make something that looks like it belongs yeah in the neighborhood you know not a shed or something that's a triangle or whatnot that just fits in the Box you and like you said not having J did you have something to add I was just going to say that as he said the the landowner you know was was going to do this to start with and he's just carrying it yeah out now now with this rejoined parcel rather than joined with that parcel it's joined with this parcel but the the questions would basically be the same sure no of course I'm just curious on that and then uh we talked about you know the neighbors of you know we got the letters I appreciate that um we talked about U who you were able to notify not was there anyone that was not supportive that you're aware of okay the the number four the beh the big lot behind them they had the most questions yeah and I I explained it to them they talked it over and said looks good to us okay they were just kind of they wanted to think about it look at you know what I was going to see from their house cuz they kind of had the most view of it if you will cuz the front of their house faces East into their lot it's a flag lot okay and um they were they were on board okay said looks good perfect that's all I have Madam chair okay I have a question for the legal team um everything that they doing is that within our codes I would ask staff what was that question everything that they're doing is that within our codes or is that stepping outside out of the line of our cold or is it gray no they they have a code we have a code for split um property that's on a road let me read it into so you can understand it give me one second so this is a section 62 2116 Parcels of land divided by public rways says for the purpose of determining building permit requirements setback requirements and minimum lot sizes for part for these Lots Parcels tracks are Parcels of real property titled under common ownership located within the unincorporated area of the county that are separated or divided by a public or private RightWay Street Road alley or easement shall be defined as follows where the land area on each side of the public right away of the road meets the minimum requirement for the lot size in the designated zoning classification then the land owner shall be deemed the owner of two separate Lots plots tracks or Parcels for the purpose of this chapter where the land area on either side of the public or private rideway road Fells to meet the minimum requirements for the lot size in the designated zoning classification then the land owner shall be deemed the owner of one lot plot track parcel for the purpose of this chapter and the principal structure and dwelling shall be located on the side of the side or part having the greater land area so that's where this part pretty meets that code number two okay okay thank you just step aside let me see if there's anyone else in the audience here for rebuttal as I'm seeing none I say come back to the podium we'll make a motion to approve or disapprove this is in District Two and he is not here today is there a board discussion no I've got my questions answered okay no I'm good okay you have a question oh no no okay y y okay so now we'll make a motion to approve or disapprove thank you Mr bod for clarifying that for me um if the board approves the verance I think I would like to limit the approval is depicted on the survey provided by the applicant with the revision date of 712 24 we like to make a motion that we looking for a second or yeah I'll second somebody else needs to make the motion as as the chair the chair cannot make a motion oh okay someone else make the motion make the motion for yes um let's see let me just make sure I'm reading it properly did you have that language in front of you so I read it properly the um yeah thank you I appreciate you um I'd like to make a motion to approve this variance um but limit it uh but limit its approval as depicted on the survey provided by the applicant with a revision date of July 12 2024 I'll second okay I read the six hardship questions one I'm sorry V I'll read the six hardship questions that special conditions and circumstances exist which are not applicable to other land structures or buildings in applicable zoning classification that the special conditions and circumstances do not result from the actions of the applicant we see that it does not that granting the Vance requested will not confer on the applicant any special privileges that is denied by the provisions of this chapter to other lands buildings or structures and identical zoning classifications that literal enforcement or the provisions of this chapter would deprive the applicant of Rights commonly enjoyed by other properties in identical zoning classification under the provisions of this chapter will constitute unnecessary and undo hardship on the applicant that the variance granted is the minimum variance that would make possible the reasonable use of the land building or structure and that the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variant would not be injured to the area involved or otherwise detrimental to the public welfare and it will not be we call for a vote oh I I I I your variants have been approved okay thank you very much we appreciate your time and effort thank you thank you staff next App application please yes item number G2 Danny Redmond and Esther Clayton Redmond request variance for Wall height in the front setback in an ru- 1-13 zoning classification application is 24v 0026 and tax count number is 26 6081 in District 2 your name and address please I'd like to swear you in yes Madam chairman I have I Haven haven't been sworn I was a little late do I need to be sworn in I'm sorry do I need to be sworn in yes yes please State first please state your name and address for the record yes I'm John Campbell on my business I'm a land surve and my business is El mer Island Florida hey John John I got a question for you do you have the affidavits that allows you to represent the owners of the property yes Paul I do can I get those sure John I need one also from Esther did you get one for Esther Paul I got pressed into this Duty late yesterday afternoon the doctor was running around trying to get notorized have I sent them over to Danny and also to you and specifically stated that I need one from both Danny and Esther because they're both on the property together uh yes yes sir I understand what I was supposed to do but my client uh didn't and unfortunately again uh Madam chair let me explain to you that my client is Danny Redmond he is a physician he has been uh required to because of his medical thing to to attend the conflict of scheduling uh at the last moment uh I had I had prepared the survey of his property uh he came and asked me if I would represent him at this hearing again we were scrambling trying to get things at the last moment uh I apologize I understand how things can happen but since we don't have that Mr bod I think we will postpone this okay yes we can continue it to the next um September 18th is it thank you all I appreciate the postponement again I apologize because of um Dr Redmond's situation but um I'll be happy to come more prepared okay when I come thank you thank you so much yes thank you sir Madam chair somebody needs to make a motion to yeah we need a motion to table it or continue it to September 18 someone else has to make the motion yes please awesome I'll make a motion to table this until our next meeting in September please uh second the motion uh thank has been postp thank you thank you we got vote we may vote I'm sorry all in favor all in favor good thank you don't want Mr Roberts I got there and Mr bod may we have our next applicant please yes item G3 Randolph and Jillian Torres request variance for an accessory structure and an au zoning classification the application is 24v 0027 and it's located at tax account number 24705 in District 1 is the applicant in the room anyone here to represent the applicant okay well I see no one's here Mr B so we have one out of four so we have to make a motion for this as well yeah yes uh I I don't know if you want to table and continue it um if you want to vote to deny it uh because they're not here to represent themselves you make whatever make thetion motion that you'd like U I made the last one can you make the motion please a motion to to postpone or toy deny postpone postpone yep um I'll make a motion to postpone this till the next meeting I'll second all in favor I I okay all oppos all oppos can't forget that I believe that's it for today no other applicant correct Mr bod [Applause] that does it for I guess okay thank you 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 Bard County Florida Space Coast government television and the program sponsor hereby expressly disclaim any and all respon responsibility or liability for any defamatory or slanderous statements expressed by any member of the public during any such period [Music] [Music] [Music] [Music]