##VIDEO ID:QLmL7nrqZMU## e e e e e e adjustment um see all right uh please silence your cell phones or any electronic device good morning and welcome to the board of adjustment board of appeals regular meeting November 12 10 a.m. uh with the Deputy town clerk please call the RO member lansen member Weiss member Gordon chairperson Rosen yep Town attorney rubben thank you thank you so much uh the agenda board of proest appeals regular meeting uh are there any changes to the agenda if not we'll make a motion to approve the agenda the agenda as presented changes okay uh is there a second second okay all in favor I I thank you I'll oppose say n uh we need to swear in the public so for those giving testimony the application of the agenda please stand raise your right hand be sworn in by our Deputy Town CL by the authority vested in me as a notary of the State of Florida do you swear or affirm that the testimony that you're about to give is the truth the whole truth and nothing but the truth thank you thank you uh is there any corrections to the minutes of the July 29th uh meeting hearing none I make a motion of the approval of the minutes is there a second second can thank you all in favor I I allos okay uh any unfinished business um we have none new business we have a variance application pc-24 11 Steven and Maria Garett consideration of application pz2 24-11 by Michael Mar Marshall Esquire the variance to allow reduction of a rare setback as provided in section 3064 of the town code of ordinances from the required 20 ft to 4 feet in order to accommodate an open walled roof accessory structure with a property located at 24 74 South Ocean bbard uh do any board members have any expar Communications to disclose no no thank you uh at this time we'd like to open for public hearing Town planner Allen please present your recommendations regarding the application okay good morning uh for the record ingred Allen Town planner uh starting on page nine of your packets I provided you some property history uh you have a 2023 to 2024 history this should be familiar to the board members given that you all considered a uh appeal by the applicant back on July 29 2024 um when the applicants submitted their variance application I did find some additional uh background information on the property from 1997 to 1998 so I've gone ahead and added that um in your packet starting on page 50 there's some areals I've gone ahead and provided them here on the PowerPoint uh again these are all provided um in your packet so here you have the subject property um which is highlighted in red and um here you have a zoom in of the rear of the home and you could see on the left hand side there um there's a little some red uh markings there uh which show the actual accessory structure in question and here we have a photograph that was taken uh by staff of the uh accessory structure and here we have the survey which is also provided in your packet on page 53 I've gone ahead just for clarity purposes and highlighted in yellow the accessory structure in question again it's located according to the survey 4 feet from the property line all right so um as indicated um this is a request for a variance um It's actually an after the fact because the structures already been built um and uh I I do provide a little additional history here on on page 10 again the structure was built without a permit um on the permit and on the code case um the structure was called out as a Pergola um I provided for you again in the middle of page 10 what an accessory structure what our definition is in the code um the re the request here today what is before you is a variance and I've also provided you uh what our code says in with with regards to variances it's section 30-4 A and the purpose of a variance is to Grant a reduction in the dimensional requirements of the zoning code which is chapter 30 so this includes building setbacks which is what the applicant is requesting um at this time um at the bottom of page 10 I've provided for you the criteria when you uh apply for variance the code requires the applicant to uh be compliant with the criteria that are provided in the code um again those are at the bottom of page 10 all the way to the top of page eight the applicant has has provided their responses to those criteria on page 14 um I've gone ahead and just provided some additional staff analysis which is in the middle of page 11 I'll just go over that quickly um so again this is just staff's analysis of the applicants uh response to the U variance criteria the applicant indicates in their response to criteria a that gazebos are not permitting the applicant yard um in addition the response to criteria B the applicant states that the gazebos are proh H hibited in the rear yard without a variance and I just want to note to the board that uh the zoning code does allow accessory structures to include gazebos in the rear yard of a property however the structures or the structure shall comply with the rear building setback given the town Coast it does not permit such structures to encroach the setback so you can have it you just have to comply with the building setback um in the applicant's response to criteria C it is noted that other homes have covered outdoor areas and the code is very clear section 30-40 k um it say it states that evidence of non-conforming use of neighbors neighboring land structures or buildings in the same zoning District or the permitted use of land structures or buildings in other zoning districts shall not be grounds or considered grounds for the authorization of a variant so I've heard you know I've done various variances in my career so sometimes people will say well my neighbor down the street has it well they may have a non-conforming structure that is not a justification per our code for approving a variance so um there are some additional criteria which are in the code um section 30-40 M other items that the board shall be considering that the that the reasons set forth in the application justifying the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land building or structure and that granting of the the variants will be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public we welfare um and if the board decides to approve the applicants variance today this includes the survey uh which is date St received by the building department on August 28 2024 the applicant will be required to obtain again an after the fact permit with the building department so that said I will be more than happy to address any questions we do have the applicant uh attorney here today to also address questions and there you are thank you uh I I did have a couple questions has anything changed since we met on July 29th um as far as the structure the open structure no it's still there nothing has changed in regards to the structure itself okay has this structure been inspected by any Town official um I I know we've had our code compliance officer uh do you just go out there Adam right or no I'll I'll I'll defer to Mis oh you'll have to come to the mic Adam please please raise your right hand by the authority vested in me as a notary of the State of Florida do you swear or affirm that the testimony that you're about to give is the truth the whole truth and nothing but the truth I do thank you uh repeat the question my my question was has this structure been inspected to meet code for hurricanes or whatever disaster there might be I just want to know has the town inspected it and seen if it's would pass inspection if it was permanent our previous Town Senior building inspector was out there um I'm not sure what his uh inspection revealed he's no longer emplo employed with the town so anything future would need to be reinspected right that that would be done afterwards I mean because theyd have to get the building permit as far as building permit they do the inspections and make sure it complied with windload and all that other stuff okay I mean the the application is for a pretty substantial variance but the question is uh if nothing's changed I just I would like to hear what other members of the board have to say if you have any comments on it just one question have there been any complaints from any neighbors or anybody else in the community uh again I'll defer to our code enforcement officer I have not received personally anyone calling me no I've not received any complaints since this originally started okay I mean we we got 14 letters from neighbors saying they don't they have no problem with it so the only question is you know if this is if this variance is granted is this structure danger to the community if there's a hurricane and nobody's inspected it so you know at that point uh I have no other questions does anybody have any other question you is there any comments from sure you have to be sworn in as well please raise your right hand by The Authority V than me as a notary of the State of Florida do you swear affirm that the testimony that you're about to give is the truth the whole truth and nothing but the truth I do thank you hi my name is Frank bashota and I'm the bar's property manager there um we did go through the permit process we got approved on everything except the survey this was the last part of it and that's when the setback came uh and everything stopped um we were we had engineering drawings we had everything there that was going to be approved and then it went sideways I had develop cancer and they installed it when I wasn't there and um they did it in like two days but it was done per code um they build all over the State of Florida they're approved um we're going to have Cudmore our original contractor on a job pull the permit for us and it can be reinspected it all can be opened up you could see all the bolts and um we disconnected it when we had all this these problems here also we disconnected all the electric it hasn't been used the G checks have not used that perola um none of the fans work or anything so until everything gets resolved here we'll go through the process get it permitted and we'll open it back up for whatever inspections you'd like and it should be fine okay thank you y thank you um as you said I mean this was built the the permanent application was made and while the permanent application was in process the structure was built correct uh which should not have been it shouldn't happen it was because of my illness that you know it the guard checks didn't even know the people were there it got delivered and they showed up from the west coast and they they installed it would uh there any comments from any board members you guys have any questions no other question would somebody want to make a motion either for or against this Vari is the applicant going to present I think the applicant might want to present thank you so let me let me get this going then I I can share and it work yeah guys okay okay good morning everyone my name is Michael Marshall with Nelson Mullins 1905 Northwest Corporate Boulevard in Boer Aton um I'm not gonna keep you long this it's been mention we've been here and we've been talking about the situation before so I know there's everyone's pretty familiar with it I I really just have this present which is really just for the record to be honest um I could just ask if the if if there's any objection with the city attorney um if I just offer this into the record um because I don't want to waste your time repeating things ingred did a nice presentation she um I there a couple things to clarify it is well I say clarify just that that I wish to De delve into a bit um you know the variance request is to put a gazebo in the rear yard with the four-foot setback as ingr said um these this is the these are the photos we understand what were saying like you you could have a gazebo but the way the code's written you can't have a gazebo in your required yard like your required yard is determined by your required building Footprints uh setbacks right so you can only have a gazebo under the coat is if you put it within the area of the building footprint so in other words you have to reduce the size of the home you have to cannibalize so you're putting the Gazebo it's required within the building envelope it's not allowed in the yard the only way to put it behind a structure is if you put it within the building envelope and make the the main structure smaller that's the difference like so we're saying when we're saying it's not allowed in the yard we're saying it's not allowed in the required the minimal minimal required yard is really what what we're saying um so this is the difference you know it's instead of being within the building footprint structure it's it's in the rear yard is what we're requesting um again this is the image that ingred shared with you this is the image again that she shared with you um these are the criter area that that that ing went through and and and one thing to point out here that's unique about this and I think it's also relevant to the question of the impact of the structure on the public safety and Welfare is that this structure is is is located along the inter Coastal Waterway right it's not on a property line that's shared with another neighbor's yard it's um it's a long inter Coastal it's a long a dock it's a long it's it's it's in an outdoor area that's meant for recreation that's the point in being on the Waterway and so there's it's it's just it's it it faces the Open Water and so there's it really doesn't impact anybody at all it's um it's it's it's it's at least 50 feet from the property to the north and probably 300 feet from the property to the South so the only thing is near is is their dock so it doesn't impact anybody has no visual impact it has no there's no Shadow there's no noise there's no there's no nothing um and so I and then and and that's probably I'm sure that's why all of the neighbors are are fine with it because it it that has no impact on them so so with that you know and and these are the the letters you know I just put these here I'm sure they're in your agenda package so that that's really I mean I think all we need to say more than happy to answer any more questions you may have um but more than anything just really appreciate your time and consideration than you sorry do any board members have any questions for okay um I'm going to make a motion that we Grant the variance to end this thing I mean this has gone on and I'm hopeful that you know if this passes that you know we don't get a chance to meet again for a long time so I will make a motion that we Grant the variance if anybody want yeah commend a motion to make it conditional on obing that that would be there's no need they have to that has to be done if we yeah that's automatic they have to get the building permit yeah so that'll be a whole another issue would somebody want to second the motion I second the motion all right all in favor of granting the variance I I done okay and uh okay uh thank you everybody applicant May uh just see we have all that done all right just announcements uh we have today beachr property evaluation at the library at 6 uh on November 19th we have Town commission meeting December 3rd Town commission meeting December 12th planning board meeting uh there's no objection at this time we will adjourn the meeting all in favor of adjourning the meeting all all we're done