[Music] [Music] oh [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] e please stand for the Pledge of Allegiance i al to the flag of the United States of America and to the Republic for which it stands one nation under God IND individual liberty and justice for all all right I uh call this meeting of The Bard County Board of zoning adjustment to order uh for the date of April 17 2024 uh first order is to are there any staff announcements okay um next is uh we will ask uh Mr bod to uh read uh the the statutory 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 Bard 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 appet 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 Mr chairman you have two items on your agenda today thank you Mr bod um Dr Bass would you uh read the uh statutory definition of an undue hardship 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 an establishing a undue hardship sufficient to qualify and app for a variance economic reasons may be considered only in the instance where the landowner cannot yield a reasonable use and or a reasonable return under existing Land Development regulations the applicant must answer a 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 um I'd like to now address the board members the applicants our audience and uh staff and and uh legal counsel um regarding the board procedures so the board of zoning adjustment as a qual quasi judicial board with members of 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 represents the applicant's district when concluded questioning is open to the full board the chair will recognize each board member in turn once board members have completed their questioning we will then open the floor to the audience who may be here to speak concerning the applicants application anyone from the audience wishing to speak will be given the opportunity to address the board once and only once be uh be concise and uh complete at the conclusion of public comment the applicant will be given additional time for rebuttal as well as to present their final comments once completed no further comment comment will be heard from the applicant or the public the action then moves to this side of the bar for the board toh take 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's important that you stay on topic and avoid information that is not relevant all persons wishing 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 to the clerk um at that time and when you are up here speaking this is recorded both uh uh visually and a audio uh please speak clearly into the uh the microphone that's there at the podium okay the next uh order of business is to approve the meeting minutes from last uh meeting do we have any uh Corrections or additions if not I'll ask for a motion to approve the meeting minutes make a motion to approve the meeting uh Miss Mard is uh made a motion to approve and Mr homberg has seconded all in favor say I I I uh the meeting minutes are accepted from last meeting um at this point we will begin with the uh applications Mr bod may we have the first applicant please yes item G1 variance application 24v 00008 Monica and Thomas E Phillips request variance of chapter 62 article 6 Bard county code variance number one section 62-34 5B to perent a variance of 6.5 ft from the required 7.5 ft minimum East side setback required for an accessory structure variance number two section 62-34 5B to permit a variance of 7 ft from the required 7.5 ft minimum rear setback required for an accessory structure in variance number three section 62- 2121a to permit a variance of 9.5 ft from the minimum 10t setback from a sea wall or bulkhead in an ru- 1-11 single family residential zoning classification and this is located at tax account number 243 8320 in District 2 okay thank you would the applicant please come forward I need to swear you in sure uh actually you were doing it right a name and address please uh my name my name is Matt denier uh I'm I'm here on behalf of the applicant um do you need their address just yours for now oh uh 480 Barnes Boulevard rockage Florida no one do we have authorization for him to speak for those yes we have a he can represent them Matthew okay Den I think no I'll swear you in no problem do you uh swear that the uh testimony you're going to give us today is a truth yes sir okay how may we help you um so I'm representing the homeowner and um they're essentially looking to put an aluminum roof structure in the back of their backyard um there should be a survey copy and maybe a couple of photo rendering photos and things like that what we're um looking to do um just based off the pool deck that they have in their backyard and a lot of the trees that they have on the west side of their yard um they just don't feel like there's a good area to put this roof structure um they're trying to you know enjoy the backyard kind of have a shaded area that they can spend time as a family and um that kind of LED them to where that wooden deck space is based off of you know how their yard currently lays out um the the rear line of the house is kind of funky it's not really good to attach to um so this would be in accessory you know aluminum uh pergola like structure um so this isn't a um you know Adu or anything like that just basically a roof for some shade so they're requesting to put it in the location marked on the survey um your application your application um arises in District 2 uh the district 2 representative is not here today so I'll uh on his behalf I will uh begin the questioning I I saw the mention of a a seaw wall are we doing anything out in the canal is the the no sir no nothing will hang into the canal um and they do plan to put a gutter system to collect any of the rainwater that's coming off of that roof and that'll basically be dropped into the yard so we're not you know creating additional Watershed issues or anything like that but everything will be behind the seawall okay um just more of a general comment these are some pretty hefty uh variances you know uh 7 and2 or 6 and 1/2 ft off of 7 and 1/2 and 7 ft off of 7 and 1/2 and uh 9 and 1/2 off I mean basically you're going right up to the property lines um do you or the the uh uh Mr denier have any written communication from The Neighbors on either side that they are okay with this yeah um so I spoke with the homeowners last night they said that they have had Communications with both um Neighbors on both sides those neighbors didn't want to provide any written information unless they were requested specifically by the board to do that um so they have talked with them both of them seemed you know in support um and they were willing to give you know written communication if it was needed but didn't want to provide it without a request okay um the uh are there fences I I should look at the photo but are there fences between these a privacy fence on the east side um and there's a partial privacy partial chain link on the West Side um the home to the West Side I believe is a vacation home so it's not you know always fully occupied um I know that they've got a really great relationship with that neighbor um the home on the east side is actually getting like a boat house put in um you know under a you know permit for uh you know a dock and seaw wall um and a boat house structure so I know that they've got something similar you know under a different you know permit application going in there um so from everything I know you know uh the information I've been provided everybody's in support of it so okay um the the walls but or well the fence let's talk about the uh the one that's U the vinyl it looks like a vinyl fence yes sir yeah the uh roof line of the structure that you're putting in is taller than that fence correct yes sir that's correct are there any other existing structures there that are taller than that fence at this point no other than the house yeah other than the house no and the attached screen to the home no there's no other uh structures in the yard okay so this would be a new visual that they would see over top chain link fence are going to see whatever is going on anyway correct yeah all right um that's all my questions uh I open it up now to anyone else on the board that Dr Bass yes I um I'm interested uh about the uh water runoff the rainwater runoff uh and it shows that this is on a canal but it's not on it looks like it's not on the Banana River where does that Canal go um this home is near um uh kaanis Park and the boat ramp and everything that's over there but that Canal open that Canal opens up to the banana or Sykes Creek technically depending all right how you're the banana Rivers where it's going okay now technically going to Sykes Creek is where it's going okay okay which then okay then leads into the Banana River what I'm yes okay uh I'm interested because um we have issues with rainwater in our natural habitat Rivers right and so you said that your rainwater that you were collecting off the roof was going to go into the land the homeowner's land but I'm looking at where is it going to go you have very little area here which allows for anything other than you're I mean you're right at the property line right so essentially if you look at the survey copy you've got that wooden deck structure that's there currently that's going to sit underneath of the structure correct and then you're going to have water drainage off that you said going into the property yes ma'am so un underneath of that wooden deck we're going to have basically a gravel kind of French drain Basin system um so those gutter so you're going to have a French drain okay you said it was just going to go into the land okay yeah we'll we'll do a French drain system um I don't have that in the shop drawings I can provide that if you guys request it that's no problem um but essentially those gutters will go into a 4-in drainage pipe that'll then go into the French drain system that'll be under the deck go which goes where does the drain go into the property into the property it doesn't go into Sykes Creek or to the river correct correct yeah from my understanding there's no you know Bard County does not allow you to do any you know Su drain exactly kicks into any water system without you know St John's River Management um approval correct you're right that's why I was asking yes ma'am so all right but that isn't stated here I'm just concerned about the French drain now since it's not just going into the property which you stated it's going into a French drain I understand I understand yeah the French drain will be on the client's property and if I need to make an addendum you know to what we've provided I can do that all right okay any other questions yes I do actually these pictures are this be a rendering after the fact correct yes sir do you have your microphone on yes yeah it's on hold up close uh the question I have here is the posts for the roof are these metal or are they 4x4s they're aluminum aluminum post that will be set in concrete footings how far do they go down uh usually typically a footer is going to be at least 3 feet deep so you're go you are going three feet with that and that'll be after the uh uh the new deck is put on correct uh we'll actually do the aluminum structure first you know get those footings set in the ground in concrete and then the deck will be put around that and the braces on the top Under The Roof they're all aluminum also correct yeah it's a total aluminum structure it's similar to like an elite Panel System it's a foam Roofing withum just a fiberglass panel on the top it's actually a foam with aluminum okay um and it'll all be you know wind load caled and engineer set a plans done um that contractor will provide those you know once we get approved or after we get approval and that'll be in the permit packet that goes in okay uh one last thing some of these pictures look like the the roof is resting on the fence I'm sure that's just an illusion it's not going to be on the fence correct yeah that's that's an illusion um probably not showing the post Place do we know whose fence that is uh it is our client's fence from what I understand the vinyl fence is theirs okay good enough thank you thank you and I'm just going to say I just want to make sure um and I think you clarified it but the cover shade will not be blocking any neighbor's view whatsoever correct it it shouldn't be um based off of where the fence is now where trees are now uh we don't feel like there is a you know view obstruction different than what's already currently there with the trees and um that Canal specifically because we do a lot of you know water front uh you know home uh you know backyard remodels that Canal specifically it's a older neighborhood there's a lot of stuff along that Canal a lot that were probably done outside of you know what we're doing years and years ago it's just you know some some canals you go down and it's clean slate all the way down this one specifically there's a lot of structures I would say within their view there's probably five to six accessory structures down the canal so okay thank you yes ma'am okay okay um no I'm going to ask procedurally is there anyone in the audience who wishes to speak uh for or against this application seeing none you can stay there any last thoughts before we do our no thank you guys so much for considering this appreciate it thank you thank you okay uh I'm I'm um substituting for uh District 2 but I'm also the chair and I cannot make a motion so you you can have a seat um do we have a motion uh for or against this application anybody I'll make a motion to approve this application for the for the variance for Mr Phillips okay do we have a second I'll second is depicted in a survey okay we have a motion um which I will restate we have a second a motion by Mr Holberg a second by Miss Mard um to permit a variance of 6 1/2 ft from the required 7 1/2 ft of an accessory structure to permit a variance of 7 foot from the required 7 1/2t minimum rear setback and to permit to permit a variance of 9 1/2 ft from the minimum 10t setback from the seaw wall uh as depicted on the uh survey do we have any discussion I just want to verify reverifying that we see right today yes yeah that's I thought I put that in the motion probably okay but yes it will be in accordance with this survey all right all right uh seeing no other discussion um and we have a motion to approve we have board discussion I have to read through the six question I find my all right so in order to authorize any variants the board of zoning adjustments must find all the following factors to exist that special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification well they are um simply they are um that the special conditions and circumstances do not result from the actions of the applicant well yes the applicant is here uh asking for the variance uh before uh proceeding with the project the granting of 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 um we do not recognize this applicant as somebody uh special within the neighborhood or or the community um 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 constitute unnecessary and undue hardship on the applicant um deprive the applicant of Rights commonly enjoyed by other properties I heard a statement that uh this uh pretty much meets uh what's going on in the neighborhood and against the canal all all along there so um it it seems to fit in that the variance granted is the minimum variance that will make possible the reasonable use of land building or structure well although it takes up almost all of the variants um it it appears to be reasonable in this particular Circumstance the granting 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 Public Welfare we heard that the uh neighbors verbally have said they're uh okay with this uh it seems to be in harmony with uh the other things that are happening along the canal and in that neighborhood so having read that having a motion on the flooor to approve I um I'm going to call the vote by um by uh roll call individual districts so district one I approve um District three Mr rber yes yay District Four Dr Tom Dr Bass I agree and the chair District Five uh also says I so your variance is approved unanimously by the board that's sitting here today okay Mr bod may we have the next applicant please yes variance item G2 variance 24v 00009 Dennis Burke request variance chapter 62 article 6 Bard county code section 62-200 5D to permit a variance of 431 Square ft over the maximum 50% of the living area allowed for an accessory structure and an rr-1 rural residential zoning classification and this is located at tax account number 2821 814 in District 3 please come forward yeah I'm John Bruner uh 525 seber Drive in India Atlantic okay do you uh swear the testimony you're giving us today is a truth it will be okay okay uh yes this is still under contract the property has an older building on it which is causing us not to be able to build a 12200 foot building um it kind of Falls I guess for the hardship here is possibly i' me looked at as Financial because the plan is we don't want we the intent is up the road when we can we want to build a 2 2400t house at minimum but that's not Financial right in the in play that we have now the building we want to put on is for the future and for an RV that we have so it's basically just a storage building and it is a two-acre parcel so it's it's not like it's a real small piece of land to start with um that's really basically where we sat with it we were conformed to all setbacks that's not a problem there's nothing other than the fact that we need to be able to build this build you know we want to go a little big big big bigger building than you know we can based on our zoning at this time um there really not much more that I can say than that um your application uh rises in District three which is represented by Mr homberg and so you have the floor for questions thanks for coming thank you I have a couple questions um the house is up front of the lot yes and that's uh you want to remove that and build something in that same area no if we're not going to take that building down at this time um we'll probably go ahead and just because it's not it's not the point where it's got to be tore down we're going to make it probably rental you know for a little while until we can in the future get our house built and then it's got to be removed because that's kind of the the deal is we can do the you know from the other Zone people we talk to we can build the house or do the building the accessory building but then when we want to come and permit in for our our own home that's when we have to remove the other house so it's kind of a phased out plant where we bring in the accessory building then when we're ready to build our own home we remove the house the house in the front you speak of and then continue on but your your idea is to put the new house in generally the same area probably I mean somewhere in the middle of lot if you know the lot or if you see the layout it's you know it's a real deep lot so we've got a bit to work with so the new building is going to be at the back of the lot yes now that particular building you said just for an RV is it going to have any type of sleeping quarters or anything just this is Storage stly storage probably like a two or three Bay garage and then you know Future Shop or something so it'll have utilities electric and all that eventually not at this time this time basically just a garage until we you know get to that point prefab or a slab or probably I'm looking at one of the like the metal buildings they have you know they look pretty nice okay okay that does it for me thank you thank you very much M thank you okay there any other questions from the other board members no questions no I think it's clear perfectly clear what he want us to do okay okay um thank you is there anyone in the audience who wishes to speak for against uh the audience Bay is almost empty uh so I don't see anybody volunteering to run forward um I think you've said your last concluding words that you want to say so we will we'll take on the application now uh I need Mr homberg it's your privilege to offer a a motion uh based on uh what the gentleman said in uh the photos we have here I'll make a motion to approve this okay do we have a second I'll second that Dr Bass seconds so we have a motion to approve do we have uh any discussion that that motion is should be as depicted on the survey yep yep sorry um we have a motion to um permit a variance of 4305 Square ft over the 50% of living area uh currently 7695 sare ft uh permitted in an rr1 residential zoning classification as depicted on the survey attached to the uh application now do we have any discussion on the motion all right well I will read the six hardship all right in order to authorize any variant the board of zoning adjustment must find all the following factors to exist the special conditions and circumstances exist which are not applicable to other land structures or buildings in the applicable zoning classification um these circumstances may exist but the unusual thing here is that there's a uh smaller initial structure that plans to be um replaced with a larger one that would then meet the zoning that the special conditions and circumstances do not result from the actions of the applicant well no that's they are doing work on their property so this does arise from their actions 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 zoning classification uh no special privilege of a uh prominent uh celebrity or person Rises here 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 constitute unnecessary and undue hardship on the applicant I think we've seen that uh a literal enforcement would uh would deprive since there are plans to uh modify the ex the living structure to to meet futur uh to meet the future plans will meet current zoning that the variance Grant is the minimum variance that will make possible the reasonable use of land building or structure uh I heard the figures of 2400 squ ft for the home 1,200 square ft for the uh building so that uh to me is the minimum variance that the granting of the variance will be in harmony with the general intent and provision of this chapter and that such use variants will not be injurious to the area involved or otherwise detrimental to the public welfare uh it looks like this is u a a uh a lot in and of itself not uh uh impeding on on other public uh visuals or or properties so having read that uh we'll call the vote by District uh we'll start with district one yes I approve uh District three Mr approve District Four approve and District Five approves your application is approved unanimously by board is sitting here today um I believe that's all of our applicants uh any further discussions announcements don't see any this meeting is adjourned 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]