##VIDEO ID:cD06EncHlFM## m w you e e please stand for the Pledge of Allegiance I pled ALG to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all I now call this uh meeting of the bo Bard County Board of zoning adjustment for January 15 2025 to order um do we have any staff announcements yes I'd like to introduce everybody to Trina Gillum she is now the zoning manager interm zoning manager Jeffrey ball has left us so can you stand up so everybody can see you and give her a hand welcome okay um it's our first meeting of the year and um that is a time when we elect new officers uh I've been Vice chairman chairman for the last four years and I'm passing the torch to anyone that wants to stand up and volunteer but we go through a process of nominations so do I hear any nominations for chairman chairperson yes Sonia son I nominate Sonia please as chairperson do we have a second I second do we have a second I second okay uh we we have a nomination by Dr Bass of Sonia Mard we have a second by Jennifer yes yeah uh by Miss Clemens um I don't think we have discussion for that we just uh we just go ahead and have a vote are there any other nominations very well hearing none we'll close the nominations and we will call for the vote all in favor of uh Miss Miss Sonia Mard being the uh chairman of the board for the rest of this year please say I I any opposed then we pass the gavel to miss Mard our new chairperson I don't think we have an actual gabble to pass there used to be one up here by them okay there you go do we vote for vice chair now now you take nominations for vice chair okay well thank you for that selection I'm honored now we would like to make a selection for vice chair any nominees for vice chair I like to nominate Mr Bill Huffman uh I I oh no I I must decline I'd like to nominate stepen humberg for vice chair can I get a second I can second that second any other nominations any other nominations can we make a vote all in favor say I I I Vice chair Mr hurg thank you you welome I thank thanks okay now we would like to call to order our first reading the function of the board by Mr Bodie please yes Miss chairman the board of adjustment is a CH quasi judicial body established by the board of County Commissioners under chapter 62 Article 2 Division 4 of the vard county code the board of adjustment is empowered to hear requests for variances to the zoning regulation and the sign regulation chapter 62 article 6 and article 9 pursuant to the Florida rules of appellant procedure any person or person's 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 Ms chairman you have two items on your agenda today thank you second Reading Please VOR bass undo har yes okay 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 a establishing undue hardship sufficient to qualify an applicant for a variance economic reasons may be considered Ed only in instances where the land owner cannot yield a reasonable use and or a reasonable return under existing Land Development regulations the applicant must answer the variance hardship 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 now we would have the reading of the third reading the board procedures 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 rebut as well to present their final comments once completed no further comments will be heard from the applicant or the public the action then moves to the board for discussion and action we will not use a timer for this meeting instead we're asking each speaker to be concise in what you have to say it's important that you stay on a subject and avoid information that's 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 a dress card please fill it out and return to the clerk I will now address the board members the applicants and our audience regarding the board procedures for today's hearing that we just done now we will have the reading after the application by Mr bod please yes item H1 bogs family December 17th 2019 Trust request variance of chapter 62 article 6 Bard county code as follows variance number one section 62- 1345a to permit a variance of 10 ft from the required 20ft front setback for a principal structure and variance item number two is section 62- 21005 1D to permit a variance of 800 980 square ft over the 50% 8 897 ft² permitted for an accessory structure and an ru- 1-11 single family residential zoning classification and this is located at tax account number 230036 2 and District 1 also this item was heard and was continued from the September 18th 20124 boa meeting okay and before I ask the um applicant to come up we must do the meeting minutes approval correct are there any additions or Corrections and is a a motion to approve I'll make the motion to approve I'll second it okay okay Dr Bass has made a motion to approve the second has been Mr Mr H all in favor I I any oppose minutes are approved will the applicant please step forward to the podium good afternoon good afternoon congratulations thank you will applicant please state your name and address for the record raising your right hand do you swear and affirm that the evidence you're about to give to this board of adjustment is the truth yes thank you please speak into the mic how may we help you you today um well I'm back for the continuance um I did resubmit the plans with the with the the garage and the home separate um and I hope everybody got that to look at and make sure that was okay I also you had a question last time about the um the layout of the way everything was and I did have some um some more um they're almost like a 3D photos kind of put together cuz I know from just drawings it's a little bit tougher a little tougher to see exactly what everything looks like so if you'd like to take a look i' no okay okay yes okay okay thank you gives a better idea what the space we need to get a copy of that also for our actually you can have that so okay okay you may continue so um there are a couple new faces here that weren't here last time but um as I said we're um what we're looking to do was add the garage space to the house and there's two bays for the garage but within in the covered roof it it Encompass not not just those two bays for the garage but all across the back of the dwell not the dwelling but the the under roof there it shows on the pictures for um a veranda outside patio whatever you want to call it that goes from one side to the other where we sit it views the launches and everything a lot of times we get family and friends and stuff over to watch so we wanted to set that up to have that space in the back to enjoy that also on top of me being able to work on a couple cars in our garage store my wife's and work on one for me and then we made a little I had to compromise it's a workshop craft shop area uh in the garage and then a a storage space within it because our storage now is overhead in the Attic we're getting a little older um so I don't want to get up in the anymore so what we've done is added a room to be able to get into from outside for coolers and and kayak paddles and stuff like that and then from the inside for the Christmas decorations Valentin everything my wife has to put on shelves and everything so I don't have to go up and down a ladder so it does encompass a little bit more than just a garage um but it is you know I guess because of the the size of it that we were trying to what we were trying to accomplish is has to deal with the whole variance issue so corre well this is for district one I cover district one so I just like to say I remember from previously when we discussed um and looking at it I see now the layout clearly your garage area the storage room the shop area and looking back at the pictures that you just bought in today clear let me pass it down to everyone so they can see as well thank you yes I okay but but you can have that I didn't I'm sorry I didn't make more I'm looking at your layout um I see that you still only have that one neighbor to the left side of your home correct well if you're facing the house it's to the right mhm and then behind it's water to the left of it it's not buildable and across the street I'm really not sure what the what all those uh restrictions are for that I don't think it could ever be residential houses or anything like that I don't know right I drove in your area but that neighbor on the beside of you have no objection to this correct no no she's fine and her husband's disabled but they're they're she's fine with everything yeah all right okay no other questions do anyone have any questions I just have a couple the last time you were here there were some uh code enforcement problems correct is that not correct no no no no code enforcement you were just kidding wrong one that's okay not a problem you had remember you you had me thinking there from I'm like what are we going that was a trick question thank you thank you uh I don't know if I passed it or not but thank you you always say no you no absolutely not yes thanks I'm sorry all right any other questions no clear to me okay I believe now we take it to a vote can you step aside can I check with the audience is there anyone here yeah so you've got the oppent statement question starting with and after we question him which we just did now you ask right is there anyone again in the audience for or against this applicant can you please acknowledge yourselves I see that there's none okay and can come back to the podium can come back usually right do you have anything else You' like to say to us no okay so I would like to make the motion to approve or disapprove or any up for discussion motion chair oh I'm the chair and I can't make a motion I'm in district one as well so this goes to else I make a I make a I make a motion that we approve this application as depicted on the survey and the uh exhibits um survey dated 5 whatever it is I can't read 5 28 24 528 24 MH I'll second that no I'll second no I'll second okay now yes the board discussion any board discussion none now the reading of the six hardship questions MH one moment that's special conditions and circumstances exist which are not applicable to other land structures or building and applicable stoning classification that the special conditions and circumstances do not result from the actions of the applicant that 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 identical zoning classification that 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 it will constitute unnecessary and undo 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 and that the graning of the variance will be in harmony with the general intent and purpose of this chapter and that such variants will not be injures to the area involved otherwise detrimental to the public welfare I see that we have a motion on the floor to approve as depicted on the survey we have a second may we all vote all in favor say I I the motion passed thank you you have a question yeah I just didn't know that this point to submit for the per if it's passed then I can apply for the per you can you can submit for your permit but it has 30 days before it will be approved by the zoning department in case somebody wants to bring it up to court or something okay all right thank you thank you all right Mr bod our next applicant is yes item H2 Anita J M mman request variance chapter 62 article 6 Bard county code as follows variance number one section 62- 21005 D to permit a variance of 604 squ ft over the 696 ft maximum allotment for an accessory structure and an ru- 1-9 single family residential zoning classification and this is application 24v 0048 located at tax county number 24875 in District 1 thank you will the applicant please step forward to the podium good afternoon afternoon please state your name and address for the record raising your right hand do you swear and affirm that the evidence you're about to give to this board of adjustments is the truth yes thank you how may we help you today uh my name is Anita Jean melmont and my address is 5228 Highway 520 Coco 32926 and um the reason I'm here today is applying for the variance that um I was under the impression initially that the footprint of the building was what was calculated in the calculation of 50% or less of my home which is 1330 squ ft so the structure was built with those specifications and because of my understanding that I wanted more space going up so I had a like a platform a second floor built for storage okay and and so then that was um brought to my attention that that calculation should have been included in the structure of the building if I was going to have a second story but now it's already built so I am requesting a variance for that extra square footage that's on the second floor okay well I see that you're in district one again I cover district one I'll start off with the questions so this building that you're referring to is this a house that you're living in no the house the house that I'm living in is like 1330 Square ft and um maybe 2 or 3T over that but the um the building that I had put up is a garage but it's like a twostory garage work you know like storage and I hope I want to have like a um a a tool bench or a uh workbench there for projects and and um I would like to also be able to store my car in it it has a rollup garage door on the front and it has a um a person door on the side which faces my house so and it's at the it's in the back of the house and there are uh other structures around like my neighbor my neighbors uh none of them have I've I've asked them to if they had any opposition to to this building or my use of it nobody has any opposition opposition and there are um there are similar well maybe not similar but there are structures um the the property behind me the house burned down many many years ago the garage is still remaining they apparently have a permission a variance I I'm not sure if it's a variance or some other um type of permission to live in that structure which they actually do live in that structure and that's my understanding that it has a second floor also and then the property behind that has a very large quanset Hut uh and the property in front of me between myself and 520 is vacant it's a little over an acre um right but today for the sake of this variance for your garage it's just a twostory and you're doing that to store your car and have your tools on top correct no the the tools would be on the bottom with the car and then upstairs I want to store like lighter things correct you know Furniture um right maybe a little space to use for exercise equipment that type of thing okay I'll open it up to anyone with questions please um yeah I just have a couple it says this is a metal building is this a prefab or was it actually made it's on concrete correct oh yeah actually there was a concrete pad there already but I had to have another concrete pad put on top of that to raise the elevation which I did before the obviously you know they came in with um like a u big flat pack type trailer with a goose neck trailer and they uh put the building up in two days and has power and utilities and not yet I just stopped everything until I get past this okay yeah okay thank you thank you sure any questions yeah I have in in summary you looked at the um the regulations saw the square footage of your your home it said 50% you put a footprint up of 50% and now it's being reinterpreted not reinterpreted being interpreted to say that the second floor adds the square footage of the floor all right but the roof line is the same as it would be if it's uh one story so there's no correct drainage or impervious problems anything like that and at this point you are asking to legitimize an existing condition right I'm just trying to summarize it make sure we're yes talking the same thing okay good okay any other questions any okay you may step aside at this time do you have a question you say okay is there anyone in the audience who would like to speak in favor opposition to this variance I see that there's none okay you can come back to the microphone do you have any summary statement or anything I'm sorry do I have any what any last things you would like to say um no I I just want to be able to get past this and proceive with the next steps whatever that might be okay we'll now take it to a boat motion to discuss motion to discuss any discussion I see that there's none who would like to um I will make a motion that we uh approve this application as depicted on the survey and again somebody needs to use their glasses to tell me what uh what date it is um it is I depicted on the survey I can see it there now 217 uh 23 and let's see so I make a motion to approve this application uh for a variance as depicted on the survey of uh February 17 2023 I'll second okay we have a motion to approve and we have a second all in favor say I I I your motion your variance have been granted thank thank you I now read the six hardships it's okay right okay read it yeah that special conditions and circumstances exist which are not applicable to other land 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 identical zoning classification that 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 granted is the minimum variance that would 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 youth variants will not be injurious to the area involved or otherwise detrimental to the public welfare we have just made a motion to approve your variants have been approved thank you okay that's it Mr bod are there any more on the um today now that's it for today okay anybody like to make a motion to we adjourn thank 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