##VIDEO ID:C_HZsII-7So## 2024 is hereby called to order with five members  present we have a quorum we have some housekeeping   to do our first task is to swear in new board  member John Taylor if you would stand it be sworn   in please please raise your right hand do you John  Taylor SW solemnly swear or affirm that you will   support protect and defend the Constitution and  the government of the United States and of the   State of Florida and that you're duly qualified  to hold office under the constitution of the state   and that you will Faithfully perform the duties  as an Escambia County Board of adjustment members   to help you go thank you thank you welcome John  um our next order of business is to um discuss   the um chairmanship and vice chairmanship of uh  of the board we have a quorum and we have the   opportunity to um nominate and elect a chairman  um or we can wait until all seven of of us are   president and um do it then um I was elected  vice chairman several months ago so I fill in   for the chairman until the chairman is selected  so it's it's really up to the board um if if we   want to do that now select the chairman nominate  and vote or if we want to wait until we have all   seven members here my understanding is that we  have six members and one yet to be chosen correct   Rachel right we're waiting on the district  one appointe okay I in district one was was   our chairman prior so um pleasure of the board do  we want to wait for um all seven members or do we   want to do that now I would like to make a motion  to go ahead and move forward with the selection um   um today all right um we don't need to vote  on the on the motion um any nominations for chairman Mr chair I I nominate you s oh well I guess I lose all in favor all right  thank you very much all right now we have to   select um or we can if we want to at this time  select a vice chairman since I've moved out of   that position do we want to do that now or do we  want to wait until we have more members of the   board president Mr chairman um I say we move  forward and I would like to nominate myself   at this time all right Willie has nominated  himself second all in favor all right we have   a vice chairman thank you very much all right uh  will the clerk please swear in members of Staff   please raise your right hand do you solemly swear  and affirm that the testimony you're about to give   will be the truth the whole truth and nothing but  the truth so be God I do thank you members of the   board copies of staff's resumés have previously  been provided and remain on file for a reference   the board has previously recognized staff as  expert Witnesses does anyone have any questions   regarding their qualifications and abilities  to offer expert testimony uh no motion is required all right everyone's fine with  that um Willie would you read the um I'm   sorry acceptance of the board uh meeting  package for December 18 2024 with the   development service of Staff findings  of fact has previously been provided to   board members the chair will now entertain  a motion to accept the boa meeting package   into evidence is there a motion motion  to accept motion by Willie second second by oh Ross I'm sorry um all in favor  raise your right hand all right uh the all those in favor we  did okay motion passes with   five members in favor of the motion and no members opposed proof of publication do we have  proof of publication yes sir did the   publication meet the legal requirements  yes sir Willie if you would now no I'm   sorry a reading of the legal the the  chair will now entertain a motion to   wave the reading of the legal advertisement  motion second all in favor raise your right hand motion passes with five members in  favor and no members opposed members of   the board have you reviewed the minutes for the  board of adjustment meeting held on October 16 2024 do we have a motion  motion do we have a second   second all those in favor of the motion  please raise your right hand motion passes 5 z uh I'll ask Willie now to read uh the purpose  of the board of of adjustment and conduct of   the meeting the board of adjustment boa hears  administrative appeals variances and conditional   use requests these hearings are Quasi judicial  in nature Quai judicial hearings are likely   evid evident hearings in the court of law however  less formal all public testimony will be taken   under oath and anyone testifying before the  boa may be subject to cross-examination all   documents and Exhibits that the boa considers  are entered into evidence and made part of the   record to give an the giving of opinion testimony  will be limited to experts and closing arguments   will be limited to the evidence in the record  after hearing the testimony and Arguments for   and against the proposed action and before making  its decision the boa will consider the relevant   testimony the exhibits entered into evidence  in the applicable law because decisions of the   boa relating to variances conditional uses and  extensions of development order for site plan   approval are final unless overturned by the court  of competent um jurisdiction the County May issue   development orders and permits for properties  in ordin in accordance with the decisions of   the boa however if applicant requ if if applicant  requests the issuance of any such order or permit   and such order or permit is used the applicant  and not the county shall bear any risk that such   decision may be set aside de de development order  or permit may be revoked or the development may be   otherized enjoined by the reviewing Court any  app applicant for relief from from a decision   of the boa for said actions or any agreed party  as defined by state law May seek review of such   decision by filing an appropriate pleading in  a court of competent jurisdiction within 30   days of the boa decision the date of the boa  decision shall be the date of the boa voted   at the conclusion of the hearing whenever the bo  boa denies an application no new application for   an identical action on the same parcel shall be  accepted for consideration within a period of 180   days of the boa decision any person AG grieved by  a decision of the boa relating to the to an appeal   of a administrative decision May within within  15 days thereafter apply to the Circuit Court for   review each individual who wishes to address the  board regarding a particular issue must complete a   request to speak form and submit it to the clerk  of the board these forms are located on a table at   the at the back of the commission Chambers you  would not be allowed to speak until we receive   one of these completed requested speak forms we  must have these completed forms for public record inv requested by Sher Hartford Morris  owner board members is there any   expart Communications regarding this case   hearing none does any board member have knowledge  or information obtained from a site visit or other   sources hearing none does any board member intend  to refrain from voting due to a voting conflict of   interest hearing none would the individuals  who are Party to this item please come to   the podium and state your name and address for  the record so you can be sworn in by the clerk good morning um my name is Sher Morris um and  my address is 1634 College Parkway Gulf Breeze   Florida please raise your right hand do you sol me  S affirm the testimony you're about to give will   be the truth the whole truth and nothing but the  truth help you God I do thank you have have you   been provided with a copy of the criteria required  to obtain a conditional use and a copy of the   findings of fact uh yes right and you understand  that all the criteria must be met in order for the   board to Grant a conditional use I do all right  um You can you you can State your your case if   you want um or you can um let the um the county  state their state your case and then you will   have an opportunity to respond and andine then  the board will ask questions okay okay thank you all right board good morning  this is U variance case v 20044 this is a location map this is our 500 foot  radius map showing the zoning on site is medium   density residential future land use map future  land use is mixed use urban this is within the   Warrington community redevelopment area it's also  within the Airfield influence planning district 2   there's no restrictions in that District there's  an aerial map of the site there's public hearing   sign posted on the site look this is looking  into the subject property from across winthrip   uh again looking into the property from winr  it's it's not a large property so the photos   aren't going to be very dramatic just so everyone  knows uh next please oh that's it okay all right   so board what we have today um is a request  to reduce setbacks on the front rear and uh   one side uh front front yard set back from 20 fet  to 10.9 a rear yard set back from 20 ft to three   and a right side yard setback from five to three  for construction of a single family dwelling as   to the specific Criterion Criterion one dealing  with special circumstances and conditions the   parcel in question is unique in size for the  surrounding area with a lot size of only 50 ft   by 50 ft the original 1931 platted lot was 125 by  50 and many of the surrounding properties of that   size are larger there previously was a single  family dwelling on the property that had to be   demolished due to condition of the home due to the  size of the lot there are practical difficulties   in rebuilding a home while meeting the current  required setbacks applicant has provided a   proposed site plan showing an improvement on the  encroachment to the West uh that adjacent parcel   from the previous dwelling that was shown on  the boundary survey as to Criterion two special   conditions and circumstances not resulting from  the actions of the applicant findings for that is   the special conditions and circumstances do not  result from the actions of the applicant are and   our existing hardships based on the size of the  parcel Criterion three granting of this variance   request will not confer any special privilege  denied by the LDC to other lands or structures   within the same zoning District Criterion four  strict applications of the provisions of Land   Development code would deprive the applicant of  Rights commonly in joyed by other properties in   the same zoning District under the terms of  the Land Development code and would create an   unnecessary and undue hardship on the applicant  and citizens Criterion five given the unique   physical hardship of the lot size the variance  requested is the minimum necessary to make   reasonable use of the property Criterion six if  granted the variance will be consistent with the   intent and purpose of the Land Development code  and staff's recommendation is for approval as submitted any questions questions from the  board to staff all right Miss Morris if you   would like to present any further information  I don't have anything um additional to present   um as indicated in my packet this was a  piece of property I inherited it was in   very poor condition subject of a conditional  use or sorry conditional use code enforcement   case um I am um gifting it to my nephew  and we want to just build his first home   there um and if you have any questions of  me we'll be happy to answer them board any questions all right straight M Mr chairman hearing uh staff's presentation  I would move that we accept their findings and   Grant the various um we have one speaker uh  let's let's go with the speaker and then we'll   we'll consider um oh I'm sorry that is Sherry I  guess we don't we we have just the applicant we   got one correct got I'd like to second that  on Mr chairman have a motion in a second all   right we have we have a motion you made ation I  made a motion oh I'm sorry would it I a second   okay um board uh those in favor of uh staff  recommendation any please raise your right hand passes 5 Z thank you board um all right wh i'  like to congratulate the chairman on   the fastest meeting we've ever had that's  right that's right staff what do we got for   next month so we do have a variance case for  next month it's a sign variance uh and we do   have a new staff member to introduce to you  who will be presenting that case hi Melissa   this is Melissa Shirley she's a a urban  planner working on our front counter and   and um we're going to get her more involved in  everything because I don't plan on being here forever all right um do we need to make a motion to I was  going to ask is there a legal update miss you   there's not okay that's good we still have  one appeal pending yes uh and the only uh   development on the docket was that uh the attorney  apparently has were asked to withdraw as councel   for the applicant who has appealed the decision  oh that that one yes yes yes the borrow pit so   um I that's that's all that's all I know all  right thank you very much all right uh we don't   need a motion to end this board meeting do we no  okay all right meeting is closed thank thank you sir thank you so much have a good you