[Music] opportunity to open up the hearing Kathy Hamill um principal planner um previously I was the interm planner but we have hired our new planning manager and I wanted to take this opportunity to introduce them this is Dale Hall we're very lucky um to have him and so he will be now um serving and supporting us and staff for this board and then I also would like to introduce our two more board members we have James Evans who's come on board also judge Bravo and also to congratulate our new chairman Mr hadway thank you so we can now start the meeting thank you anything you'd like to share with the board thoughts philosophy or if you don't want to I don't I won't put you on the spot again I am Dale Hall I want to say thank you for uh welcoming me to your board this evening and um I just been here a week so I don't have much to say right now but I really do appreciate it I look forward to working with everyone uh closely in the uh in the future okay where did you come to us from I came from uh the City of Newport Richie which is west of Tampa wow wow okay nice so uh just got here last week so happy to be here thank you thank you for coming and joining us no problem I know you're definitely in the in the drinking from a fountain or from a from a fire hose and still living in boxes too so that's what I'm going to go home to and get some boxes unpacked so all been there well welcome welcome welcome and thank you thank you thank you sir all right we are on air for folks in the audience uh and if you haven't attended one of these meetings let me review our normal procedure staff will introduce each item for consideration if you would like to speak please fill out the speaker form located on the table in the lobby and indicate the number uh the agenda item number and whether you're for or against the item and after you do that if you'd give the form to the clerk and she'll pass it to us uh the applicant and supporters will be heard first those in opposition to the request will be heard next then the applicant will be given a chance for rebuttal comment should be restricted to pertinent information regarding the agenda item under discussion no neighborhood gossip or anything like that if you're an individual you'll have three minutes for comments if you're speaking on behalf of a group you'll have six minutes for comments speakers as we move through the evening if speakers could start moving towards uh the the podium that'll help us move along a little faster uh speakers should identify themselves clearly for the record by stating their name and their address uh each speaker should be given respect uh respectful and courteous attention and the board may ask questions of speakers staff just don't be surprised if that happens uh information that you might want to share pictures site plans letters things like that uh will be kept as part of the public record if you have things that are on a digital device that you want to share uh you need to make sure you please get a copy uh to the clerk so it's included in the record after all of that is finished I'll ask as up for a motion from the board once a motion has been made and seconded discussion will be closed to the floor following board discussion a vote will be taken and during voting board members who do not cast objecting votes are considered to have voted in support of the motion any person grieved by any decision of this board May within 15 days file an appeal to the board of County Commissioners through the planning and development uh services department and staff can help you with that that after after tonight's hearing and with that let's start the New Year good evening for the record Angie Gates planner with Planning and Development item number one is a request for one a sidey yard North setback variants from 7 and 1/2 ft to 5 1/2 ft and two a sidey yard South setback variance from 7 1/2 ft to 5T for a single family dwelling in the R1 single family dwelling District located at 2450 1 Water Street the subject property is located in the Midway subdivision which was plotted in 1990 prior to the adoption of the zoning and seal County Land Development code the applicant is proposing a single story 1,196 ft single family dwelling there have not been any prior variances for the subject property the Midway subdivision is des is designated as a community development Target area by the board of County Commissioners these target areas are designated to to encourage Redevelopment of the county um commi by the County Commissioners um based upon the forgoing findings and the um requested uh approval um based on the findings and recommendations um staff recommends approval and this concludes my presentation uh for the board any questions for staff seeing none is the applicant here ma'am is there anything you'd like to share in addition to what staff has said all right great thank you ma'am is there anyone else in the audience here to speak in favor of this project yes sir if you want to speak you're welcome to come on down you just come up to the podium please and uh before you start tell us your name and address please hi my name is Terence Ingram and my address is 2461 Water Street and the only problem I have is that when I purchased my house they sold me that land I didn't know that they was going to try to develop a house right there because the space is too small to even put a house there are are you now we're a little out of the order normally we have folks in support and the folks in opposition but that's that's fine cuz I don't think there's anyone else in in support to speak are you the next door neighbor yes sir I got you I got you um um anything else you want to share with us um that's all gentlemen any question actually I had one so I was actually going to ask the um homeowner as well the 2461 I saw the letters of support So Close you had said that when you had bought the land um you realized that um you know that it was pretty much going to stay you thought it was going to stay undisturbed Etc even though it was a partial or I didn't think that but the the lot is so small okay so small that the other developments wouldn't buy it because it was so small mhm have you spoke with your neighbor by chance and kind of discussed it with her and haven't haven't seen them okay okay thank you Mr chair any other questions yes sir I was just going to say I probably expressing a similar concern because of the size of the lot and the proximity of the proposed building to the end of it that was causing me some concern and he brought it up say any other questions all right sir thank you for your time thank yes ma'am um if you want to come on up we can consider that rebuttal if you would um first give us your your name and address please okay my my name is Patricia Tanner and my address is 3919 gliding place in Sanford Florida uh I have developed several homes in the area all the lot sizes are the same they're 40 by 100 I did a a similar home on jitway and I built it and sold it and this lot is the same I own several Lots in the Midway area where I'm developing and building so my I my plans are approved by semal County already and this is the last phase of the process to build a single family home so the lot size is is not a problem we're staying within the proximity of the lot size in land in the back there's a septic in the front is a home is the house gentlemen any questions are you the developer or you are the the owner or representative well the contractor is my friend and then what we do is we uh have we hire Architects and all the subs cuz I am the owner of the lot okay yeah so the contractor is a friend of mine and then you know what he does is we just team up he pulls the permits we hire the subs together and we kind of do the work together have you thought about spoking speaking with the neighbor of course cuz you are the owner as you said you know just being really close I I get what the he's saying have you possibly thought about going over speak with him about concerns that he might have if if it's a noise thing um a light pollution thing Etc have you thought about speaking with him with I don't have a problem speaking to anyone because every time we build and we develop we always you know take everyone's concerns and consideration yeah thank you ma'am any other questions thank you ma'am you're welcome just to trying and get us back on track anyone else to speak in support of the application anyone anyone else to speak in opposition to it having seen that um yes sir Mr chair I have a question for staff uh this area is familiar I believe believe we may have uh heard a Varian request for this Midway neighborhood either uh last month the previous month could you please confirm that sure um I just wanted to state that it is part of an Antiquated plot that was approved prior to the zoning regulations many the majority of the lots that uh folks don't own more than one lot um do have to apply for variances um not for lot size or width because it's part of an Antiquated pla but for setbacks um that's why it's in a Target area and um seminal county has uh the County Commissioners have encouraged Redevelopment in these areas for those reasons um but it is within the trend of development in the area all of these lots are undersized um but to answer your question yes we have had nine in this mid Midway plat variances for setbacks alone and the one I'm thinking of from last month was on Lincoln Street I believe that was the same applicant yeah Lincoln Street Water Street cypes Church all of them right thank you you're welcome any other questions Mr chair yes sir I have another question I apologize this kind of a little off topic but because we've seen these before because this has been identified as a a Community Development Target by the board don't we have a path forward to relax I want well let's not say I don't want to use to relax but to adjust the zoning requirements for this where we could modify the setbacks where we would eliminate the need for we know this is going to happen so and we have um the first thing that we've done is that we do have to honor the platted lot because it existed prior to us sure doing zoning so that's the first thing the second thing that we do allow for a reduction in the setbacks if it is affordable housing if they're receiving some type of grant money like Habitat for Humanity and it is being constructed with um grant money or it is being constructed for very low or low income we will administratively allow a reduction in the setbacks but if they do not meet any of that criteria they have to come to the board of adjustment and but we do recommend approval of those variances no and I thank you for that I guess I was just looking at it from a future long term you know if there's anything they can do within that that community redevelopment area to change you know specifically Target that area and just do a like a rezone over the entire give it an overlay area that basically allows the you know again I I don't want to use something that's going to be a little bit more consistent with what we're seeing you know that's all maybe reduce the seven and a halfs to fives you know just as simple area okay let yeah I I will bring that back to my director that is that is a good idea thinking about sorry I didn't I didn't car this off so thank you would any action today on this be premature to perhaps an overall plan I think I understand you're saying this is going to be a review to make an adjustment so this wouldn't be necessary we will look we have no plans at that at this time um to do that and if we did it would have to go through a Land Development code change that could take a year a year and a half and so I would proceed forward with granting these variances until that time cuz I wouldn't want people to wait and and it may be something that our board for some reason may not support MH yeah because they wouldn't amend it for just one thing it' be a entire and they probably would just not want to look at Midway we have other target areas in which the Lots the plats were ploted prior to us adopting the Land Development code so this just isn't the same it's just not one area address your concern well it does I I it's a matter of help the homeowner now or make them wait and I I kind of heard you I thought I heard you say that you had you're leaning towards favoring making the adjustment for the owner yes we are recommending approval for the adjustment for the owner on this agenda item yes we are yeah okay any any other questions any seeing uh seeing none that CH entertain a excuse me entertain a motion move to approve second Mo motion to approve we have a second all those in favor I I opposed it passes good best of luck with it thank you and sir you you you now know who to chat with with your your questions all right next item item number two is a request for a side street West setback variance from 25 ft to 2 ft for a privacy fence in the r1a single family dwelling district and the woodrest unit 5 subdivision located at 7413 Barnacle Court the subject property is a corner lot and considered to have two front yards for setback purposes the front of the house faces Barnacle court and the Northwood Crest side is where the variance is being sought the proposed privacy fence will be 2 ft from the sidewalk and 19 ft from the edge of pavement traffic engineering has no objection to the placement of the fence as it relates to site visibility eight signatures were received in support of the fence by surrounding Neighbors there have not been any prior variances for the subject property and this concludes my presentation I I I have a question I'm boy I hope I'm not opening a can of worms but it looks like uh from what I'm reading and I was looking at at aerial photos that what they're requesting would match their Northerly neighbor do we have any reason to think that that fence was not properly permitted that would be 7418 Grand Avenue um the only variances that were approved in that subdivision were at 7529 Compass Drive and 5480 wood Crush Drive gotta but there's certainly no outstanding as far as we know no outstanding uh Code Enforcement issue with that that that Northerly fence that that we're aware of at this time that we and I'll stop I'll stop that can of words all right sir gentlemen any questions for staff any better questions um all right is our applicant here yes sir please come on down if you'd share with us please your name and address my first is going to shake haven't spoken in a while my name is Amanda ban uh my address is 7413 Barnacle Court Warner Park Florida what do you have to share with us um I would ask for you to approve this variance um the can of worms that you mentioned is something that I purchased this home in September and was kind of sold that we could do that cuz our neighbor had it um then I learned there's all these codes so here we are doing it the proper way don't want to get anybody else in trouble so please don't do that you you are not alone in and we we hear that so often so you're not alone in being told that perfect so yes um you could see my Northern neighbor has it as well if you look um a little to left in that photo as well you can't really see it behind the trees but two other neighbors have their fence to the sidewalk there as well um we have support from more than just eight neighbors we spoke to everybody behind our block um to the left of that photo and on the culde saac and honestly some neighbors informed me to just do it cuz nobody in the neighborhood would care um I was like I already started this paperwork um but but yeah so I asked to approve it and if you have any questions I'd be happy to answer them um the main goal is because I'd love to utilize the yard for my nieces and nephews when they come visit and my dog to be able to run without being worried that the cars are coming down that road understand thank you no reason to be nervous you sounded great by the way questions gentlemen when you had said we had the board we we try to constantly try to stay ahead of the um sometimes less than Stell um vendors that might be out there to you know sell things Etc such as fences um when that happened when that person that told you was that real estate or was that a vendor was that a a real estate person that told you that you'd be able to no that I'd be able to do it right away it was not a real estate person it was like a recommendation like oh look you could do that okay thank you any other questions Mr chair sir is there anything particular about the that you need it to be 2 feet from the sidewalk is there anything that's you're trying to fence in I'm trying to utilize the most of my backyard for privacy like I had mentioned but 2 feet because that's just one lawn mower swipe um and the reason I asked is the goal here is to is to we're going to make any recommendations of approval for the the minimum and uh two foot is while I recognize the other person's fence is probably a little bit closer than that um just looking if there was anything that again specific specifically just trying to utilize the most of my backyard for personal use and privacy I will mention that on the what's that west side of the house there is also the uh master bathroom window so currently where the fence is uh the window is not does not have any privacy so when you are in the restroom it is very easy to that from the street any other questions thank you is there currently a fence there now yes sir within the appropriate distance I'm sorry the fence it's there now right there yes it had been overgrown so it kind of Blends in with the grass and she wants to put it out here is to match to match the neighbor there I got you oh I got you okay and do we know if that one was been approved it was not permitted that was our can of Bo's convers but we're not complaining about that any other questions gentlemen thank you ma'am thank you is there anyone else in the audience who would like to speak in support of this application seeing none is there anyone in the audience to speak in opposition all right we'll close the floor to conversation gentleman do you have uh any less minute questions or comments or we'll entertain a motion move to approve we have a motion to approve is there a second second we have a second all in favor I saw you leaning or should any any need for conversation all right all those in favor opposed all right run now while you can put it up after you get the permit yep get a permit tell you the neighbors we'll see him we'll see him in a couple months what's next item number three is a request for a side yard West setback variance from 10t to 0t for a boat dock in the r1aa single family dwelling district and the McNeil's orange Villa subdivision located at 5711 bare Lake Circle the replacement boat dock will be 984 s ft and will encroach 10 ft into the sidey yard West setback it isn't clear if the existing boat dock meets the minimum 10t side yard because the survey that was submitted the numbers are not clear um in addition no building permits or variances were found for the existing boat talk at this location um this concludes my presentation all right gentleman any questions for staff Mr chair yes sir um just looking at the um areial sorry I just changed pages on myself here um there is an existing doc there now yes mhm that appears to be you know graphically maybe in a different location that they're asking I can't tell how much more they're ening asking specifically yeah I can't tell the numbers are blurry on the survey that was submitted at the questionnaire it says that the dock built was previous to current owner and development of neighboring property so it sounds like it was there when they bought it I got the impression that the the dock is covering two properties yeah I think you're right we can ask for sure actually I think it was over three the Northern end into the easement the Western end of the property and then their property let's bring up our applicant we can ask those questions come on down ordinarily I'd ask you if you want to but we're going to have questions if you'd give us your name I tell uh James Carpenter I'm the agent for the property owner the building contractor um so basically from um what I saw from the property website is the left side of the boat slip kind of straddled the property line um the as far as we know the boat dock was original to the house which is it's been through numerous Renovations but I think originally it's like 1930s with 1970s I didn't find any permits before 1985 so that's kind of the earliest that I could tell I know there the seaw wall that's on the property was permitted um so basically all I'm trying to do is turn to parallel the property line to take it off of the neighboring property completely um so it'll be similar in size um it is a twostory boat do right now we are going to bring it to a one story to uh Code Compliance um other than that the actual walkway will maintain the setback but it's just how the boat slip goes off to the side that um that's where we would need the zero setback so I um different municipalities um have different views on the projection of lot lines into the water and how that goes with setback so I really wasn't sure how you guys look at it and it was just kind of a gray area um but the walkway itself will pretty much maintain its location which does comply with the 10t setback um but we were just trying to parallel the property with the new boat dog any questions do you know where you're going to put the the new one in in the same exact location all it's going to do is Twist to the to right off of the other property to parallel the property and I mean I'm not probably going to do zero foot set back I'm going to come a little bit just to be true to being completely on the property line but we're just trying to bring it off the neighbors and bring everything into code with from compliance any other questions yes sir so I I noted in the application that part of the reason was to keep uh the dock where it is because of the sea level right the depth of the water I thought I'd read that correct so on the right side of the property line it gets really shallow there's also like a a limestone shell that would make sinking um piles and stuff difficult um so going more over towards that way would eliminate navigable water into the boat slip as well as some issues with construction how how far to the east does that kind of limestone shelf start it's real hard to say really that until I really get in there and start sometimes there's gaps in between it where I just go in between it sometimes I have to adjust the framing sometimes it has to become a a footer of sorts where it's anchored to the the B um so I guess the the question I have is if we did more research is there a possibility that we could move the dock 10t to the east after we do more research on the SE the one thing that we are also doing on the on the right hand side is increasing the square footage but still staying below usually the maximum is 1,000 square ft so we'll still be maintaining below that um so the actual deck would protrude no matter what we do over that way sure and just with the adjustment of I'm going to say it's approximately a 5T swing to to parallel the property um between that and increased size of the side deck it would really be into that um shallow area any other questions thank you sir anyone anyone else here to speak in favor of this application anyone here to speak in opposition all right we'll close the floor gentlemen you're your what's what's your favor chair motion to approve motion to approve is there a second second we have a second any discussion seeing none all in favor I opposed all right be safe building what's next item number four is a request for a side street North setback variance from 25 ft to 15 ft for a privacy fence in the PD plan development district and the Reserve at The Crossings Phase 1 subdivision located at 892 Heather Glenn Circle the subject property is a corner lot considered to have two front yards for setback purposes the front of the house faces Heather Glen Circle and The Morning Glory side is where the variance is being sought the proposed privacy fence will be 15 ft from the sidewalk and 28 ft from the edge of pavement traffic engineering has no objection to the placement of the fence as it relates to site visibility The Reserve at The Crossings Homeowner Association has approved the proposed fence and there have not been any prior variances for the subject property the the the field and wet area across the street do we know who owns that um I do not know who owns that property or whether the I do know that only [Music] um one variance was approved and that subdivision vision and it was 889 Heather Glenn Circle James gentlemen it's kind of a funky picture any questions for staff see none is the applicant here would you anything you'd like to add to what staff said come on down please give us your name and address my name is Joshua Moore 892 Heather Glen Circle our main reason is if we stay up to 25 ft I could basically just reach out my window and touch the fence if that were to be the case and also in June we are expecting two twins my wife's pregnant a and so want to have a I said two twins you mean you're having quadruplets just one set of t one set of only if he's lucky we want to be able to have the extra 10 ft to have a safe spot for them let our dog out and all that do do you know who owns the lot across the street I do not I see them eventually or often but I don't know them we just moved in like a couple months ago um gentlemen any questions all right thank you sir thank you anyone else here to speak in support is there anyone in the audience to speak in opposition all right seeing none gentlemen move to approve second motion approve in a second any discussion all right all those in favor I opposed all right good luck and man wish you just the best with the babies good luck yeah good luck are these your first two I'm sorry the first two children yes good luck congratulations all those up here saying that with smiles yeah someone else is doing it oh goodness yes ma'am what's next item number five is a request for our front yard setback Varian from 100 ft to 25 ft for an accessory structure in the A5 rural zoning classification District located at 1175 Willingham Road the proposed accessory building will be 1,500 ft will encroach 75 ft into the required front yard setback the proposed building will will be for personal use only there have not been any prior variances for for the subject property or similar variance any variance approvals for surrounding neighbors um this concludes my presentation if you have any questions gentlemen any questions for staff all right is our applicant here anything you'd like to add into what staff said sir come on down and let's give us your name and address please my name is Brady Odell I live at 1175 Willingham Road um so the reason the setback is the the way it is is because they consider that the front yard I kind of consider the uh the northern facing part of my front yard um and that's kind of just a a big dead area gotcha gentlemen any questions yeah yes sir um building use is for uh just storing stuff really boats you talked to you know and the reason I as if you I didn't see any letters of support if you talk to the neighbor who you're going to be basically putting the the building looks like right behind their structure yeah it's my brother-in-law so he's fine with it he has to be fine yeah that's right just you know FYI it's always good to bring that stuff is part of your you know package too yeah it's my first time doing this wor thank you it's essentially property do you don't use correct Tom do you have you have a question yes the accessory structure the shed or whatever it is it's already there right um no there was a shed there um I took that out okay all right cuz I looked at a aerial photography of the lot and it looked like there was already a shed or something sitting there on the spot corresponded to the plan so you took that out you're putting a new one in okay any other questions all right thank you sir sir thank you anyone else in the audience like to speak in support of the application brother-in-law or otherwise anyone in the audience in opposed to the application all right seeing none gentlemen your pleasure move to all you sir you have no move to approve I'll second that Austin second good idea any conversation all right seeing none those in favor opposed all right best of luck with it sir thank you okay next item number six is a request for a side street East setback variance from 25 ft to 0 ft for a privacy fence in the r1aa single family dwelling District in The Meadows West subdivision located at 101 Clover Lane subject property corner lot and considered to have two front yards for setback purposes the front of the house faces Clover Lane and the Press View Avenue side is where the variance is being sought the existing privacy fence is 3 ft from the sidewalk and 15 ft from the edge of pavement traffic engineering has no objection to the placement of the fence as it relates to site visibility a code enforcement violation 23- 223 was issued for this structure resulting in the necessity of a side street setback variance there have not been any prior variances for the subject property and only two variances were approved for Corner Lots in this subdivision this can that concludes my presentation Miss Angie I just and I I could have completely misread what what what you had prepared am I understanding it correctly that the existing fence is 3 ft off it's subject to a code enforcement action but what they're applying for is zero so so they're going to they're going to remedy the existing code enforcement violation or applying to remedy it by moving closer that's what the application States got you all right it says what it says gentlemen questions you just answered my question thank you I guess we'll get some more information when we is our applicant here oh I guess we won't nope gentlemen can we have a motion to move this to the end of the agenda we'll Circle back noted we have a second I'll second it all all right I'll all in favor of moving this issue this item to the bottom of the agenda I opposed all right thank you we'll Circle back next please good evening for the record Hillary Peyton Planning and Development item number seven is three variance requests for 5573 First Street located in the silven lake subdivision the requests are for a front yard setback reduction from 50 ft to 10 ft a rear yard stepback reduction from 30 ft to 5 ft and an impervious surface coverage reduction from 30% to 40% I guess it would be an increase not a reduction huh for a single family residence in the A1 zoning District the request is to construct a single family dwelling within the front and rear yard setbacks the home will encroach 40 ft into the front yard setback and 25 ft into the rear yard setback Additionally the existing home on the property will convert into an accessory dwelling unit which will have a 40% impervious surface coverage ratio and will not meet the maximum impervious surface coverage requirement of 30% the property abuts the Seminal Trail on the rear this concludes my presentation I'm buil for any questions any questions for staff gentlemen yes sir so the item with the impervious uh surface has there been any information to staff that they've done anything to mitigate the impervious surface uh increase I guess like to stay in compliant with like the coastal conservation act and all that no so the um accessory dwelling unit that we now uh recently um allow into the single family residential zoning districts has a cap on the amount of impervious surface coverage ratio that we allow um because this property is a is zoned A1 which is tradition Ally one acre or more but this is the size of like an r1a zoning District in that r1a zoning District it allows for 40% so with speaking with our engineer we are allowing them to apply for the variance to change it from the 30% that's required in A1 to the 40% that we allow in r1aa so so to clarify the neighborhood as a whole if if it wasn't zoned almost oddly in this case cuz it is a quarter acre it would have otherwise not even been part of the variance request right okay good question any other questions gentlemen all right is our applicant here yeah I got a question yes sir uh you said that there were variances that were approved for this parcel in 2009 correct they did not move forward with that home that they originally had applied for um another thing I should probably add is that um because of the size of the existing home that's going to become an Adu our code requires that the house be at least 285 larger than the existing home that's on the property so that's why they had to have the square footage of the new home in order to comply with that regulation um so in order for them to build that size of a home they're having to take up so much more space on the property to build that with that square footage okay so that's why they're needing to get the variances for the front and the rear as well as the 10t um front yard setb the existing home that was built eons ago probably before all of you were born um BL your heart it it's already 10 ft from the front yard um and therefore cannot this house has to be at the 10 ft in order to comply with the requirement that the accessory dwelling unit not be in front of the the primary home so there's a lot going on and we've been working on this for quite some time to try to remedy this for them and this is what we've come up with all right two followup questions sure the 2009 variances was it the same property owner who applied for those that's applying this I believe so yes I believe so and do variance uh Pro do these ever expire no variances do not they don't they remain with the land but the what was approved was at 20t in the front and 16 ft in the rear and that's not going to work with everything that I just explained cuz they need more to right yeah the current structure going to be raised I'm sorry is the current structure are going to be raised no that's going to become their accessory dwelling unit there's enough room to do everything they want to do yes based if these variances get approved tonight yeah did you have another one Tom no I'm done I kind of briefly raised my head um so this current building is 1060 Square ft right right and the whole property the one they're putting the Adu and the new one will be all on the same quarter 2255 yes so at 285 that's be like a almost 3,000 ft house right and that'll fit all the setbacks and all that good stuff if the variance is approved yes okay they'll be able to build that large of a home now the square footage for the house that's not the footprint of the house that does include corre multiple stories which is how I assume they're going to fit in the right okay any other questions gentlemen all right is our applicant here I apologize I'm sorry I guess I was I'm sorry I keep teasing you like that I'm sorry one more question speaking loud enough for you to hear me um the there there I I from what I can see on the survey is there a small accessory building that's still on there that's inside the setback next to the new structure yes but in my conversations with the applicant I believe she said she was removing that if I call correctly but we can check with her on that okay thank you the survey shows up yeah I will pay attention this time any other questions all right this this time yes please come on down if you would just please share with this your name and address La 5573 First Street yes ma'am would you like to share with us about this I think she did a great job we've been working together for a long time and I've been just kind of asking for their guidance because we're willing to do whatever makes the most sense to follow as many rules and to make this happen and so we literally picked the house based on what we needed to make work with the lot lines and everything so we do have a good staff very good they've been wonderful gentleman any questions for the applicant yes sir I guess I'll I'll throw the questions at you again were you the original applicant back in 2009 I was and I wish I could really remember a lot of details about it that's fine I just asking again um we've own it for a long time and that secondary accessory will you be tearing it down um that's not right I mean at some point I would like to definitely update it but for now we are not planning on tearing it down okay I was just asking for clarification any other questions Mr chair yes sir um the the 82 foot do you have do you have anything that shows what the floor plan looks like on this unit did I submit the floor plan we have this I don't have like yes I here go thank you catch off guard that's cute okay I can't fit it all honestly if you throw the backside I'm I was more interested in the backside I my question that outdoor living space that's identified back there and then the balcony up top above it I'm assuming um is that to the 82 ft yeah it's all included okay because see the owner Suite goes all the way to the corner too but yeah everything's included I'm just I'm that's the I'm having a little hard time with the 5 foot you know if there's a overhang I mean we're right on the property line with your primary structure so um you know I was just trying to make sure that there was nothing else protruding out there so thank you we've heard that kind of stuff before any other questions we did you do the math with me on this I don't think it actually is as close as 5 foot but oh yes yes I did okay we put 5 foot but I think we gave ourselves it was a lway nine is what we were estimating it at but we wanted to give because of that angle on the short side we were trying to over cover ourselves Mr W does that answer your question it does thank you ex as can they see this like how as long as I know that that 82 ft is to the outside of that this is living area yeah this right here is what we guesstimated on the angle to be about 9 foot on the shortest point right there okay my gentlemen any other questions thank you ma'am for your time we appreciate it thank you and Mr chair I apologize I do have a question oh I'm I'm sorry not for the applicant for staff thank all right thank you ma'am go ahead go ahead um the my question is the staff is going to be about the accessory structure that's there um you know applicant has indicated that there's no immediate plans to tear it down and in fact they'd like to rehab it or or you know put something else there in the same position but the Adu or the shed the shed oh no the shed can be can be gone I thought you talking about the okay yeah I'm sorry this was yeah this was about to shed I just want to make sure because if if that thing's staying then we have to do something with it with the so I thought you talking normally we have the applicant come back up but you stay there we'll just say for the record the applicant stating that the shed will be removed okay and honestly I think that would if you know recommend that that would be part of our motion that the whatever the prv of the board is that it should include that the approval is in mind so that's good uh anyone else in the audience to speak in support anyone in the audience to speak in opposition all right gentlemen what is your pleasure you got a motion cooking so Mr chair I make a motion to approve with um the condition that the existing and I'm it's blurry but I'm assuming it's the 8 by 11t wood shed adjacent to the um proposed unit be you know as part of the removal as that's part of the condition of approval and and I think that makes sense and and I I think the record can hear that I'm not going to try and read all of that back do we have a second I'll second that I have a second uh any comment seeing none those in favor I I opposed it approved it's approved best of luck it looks really cute what's next item number eight is a variance request for 1,000 nodding Pines Way located in the Suter Mill subdivision the request is for a side street setback reduction from 25 ft to 0t for a privacy fence in the r1aa zoning District the subject property is a corner lot and has two front yards for setback purposes the front of the house faces nodding Pines Way the red bug Lake roadside is where the variance is being sought the request is to construct a 6ft tall white vinyl privacy fence with a 10-ft gate and a 4ft gate entirely with in the side street setback the privacy fence encroaches into an FPL power line easement and a utility easement and it building permitting will be required to provide a letter of no objection from FPL in addition to signing an a stoppable letter the privacy fence is 3.4 ft from the sidewalk and 8.4 ft from the edge of pavement traffic engineering is no objection to the placement of the fence as it relates to site visibility this concludes my presentation I'm available for any questions the the uh applicant and their narrative and the variance criteria Nar at number two mentions that the building department now says that the permit issued to the previous owner was issued in error do you do you have comments on that statement No it seems to be that it for some reason they went ahead and issued the permit without the variance do we know how old that permit is um I wanted to say it was from like the 80s when I looked it up all right yeah that sure strikes me as an a stoppable thing all right gentlemen any questions for staff is yes sir sorry go um on the survey is there a um is there an existing fence that looks like are those masonary block columns yes sir I think if we if we go back a photo or two you can see the you see their T I mean they're they're more towards the front half of the property not the back half of the property but there are masonry blocks that are along the red bug Lake roadside so where does and I apologize I mean I'm just looking at the survey and that wall the existing columns the existing fence do not appear to be on the property line they appear to be inside so where does the zero foot come from that's what they applied for is to have it at zero feet okay I'll ask the applicant I me I'm assuming they're not moving it but because what I'm seeing in our application is just the the two connection points correct from the house and the and the rear from the house yes from the house and then on the rear correct thank you any other questions for staff all right is our applicant here come on down please you may not have anything to add but I know the the board has a few questions but if you'd share with us your name and address please Tracy gof 1000 nodding Pines Way Castleberry 32707 thank you ma'am anything you want to add to what staff said um just to answer your question um I bought the house in 2016 so I've been living there 7 and 1/2 years had no idea that it was of this um easement or the um setback until I applied for the fence um in the what I'm try planning to do is not replace the fence that's on the red bug Lake Road side with the columns that are there but in the in the back fence and the fence between me and my neighbor is in bad bad shape it's literally falling down so I want to take the opportunity of if you look at the survey the aerial photo I mean yeah you can see no go back one there you go you can see that the fence I'm you know there's a lot of my property that is not en enclosed um because of that monstrosity power line back there um it never will be and because the entrance there's a turn off onto red bug to go behind the houses um it would cover up that completely so what I am in planning to do is push it back as as much as I can without incorporating the power line in my yard number one and number two not cover up the uh entrance so people won't have access to their their backyards makes sense thank you m'am gentlemen any questions Mr chair yes sir um first question the can we show the survey up there on the screen um there's a looks like a driveway turnout off of a red buug mhm um is is that for the easement access or you know I see you're putting a gate back there I mean are you using this as a Ingress egress on the red bug well I'm part of it is putting a gate back there so that I will have access to the backyard um but yes there it's also for the easen and for um I know some of my neighbors do come into the back you know through their to their backyards that's why the fence to your backyard not my backyard to their backyard I couldn't I couldn't cover up that um where there was no access that wouldn't that's why the fence is kind of the red portion is kind of angled um and then it's going to come back so I can incorporate as much property of my property within the fence that I can sure um the second question is the the existing fence that's a long red bug um you know as I like I said from the survey I looks like there's some columns there they're identified with the C's and then there's an existing fence between them um are you replacing all of that no is that fence owned and maintained by your HOA there is no HOA sir and I can explain why I'm not replacing that one cost number one um secondly in the pictures you saw the the damage to the fence where several panels were missing uh hurricane Ian did a lot of Destruction it just kind of washed through my backyard um so my sons and I have done a lot of repairs on the red bug Lake roads side um and put in new post and and cemented them so um it's in pretty good order so I'm not looking to um replace that at this time any other questions all right thank you ma'am appreciate it anyone in the audience to speak in supported this application anyone in the audience to speak in opposition seeing none gentlemen your pleasure Mr chair yes sir move to approve we have a motion to approve to we have a second judge seconded all those in favor I opposed all right best of luck with your fence thank you didn't s like the conversation what's next item number nine is two variants request for 1461 Pelican Bay Trail located in the Pelican Bay subdivision the request is for an East Side yard setback reduction from 10 ft to 9 ft and a rear yard setback reduction from 30 ft to 25 1/2 ft for an addition in the A1 and r1a Zoning districts the request is to construct a 646t addition 4 and 1/2 ft into the rear yard setback and 1ot into the East Side yard setback a letter support has been received from the affected neighbor this concludes my presentation bill for any questions thank you any questions for staff seeing none is our applicant here anything you'd like to add to what staff said no all right gentlemen do you have any questions for the applicant all right anyone else in the audience to speak in favor of the application does your mother-in-law live with you now no so you're going to remodel to move your mother can we ask the applicant to come up as a brave guy yeah my mother-in-law lived with us for 5 years before she passed will this be a separate space give us your your name and address please Sir Eric Eric shonberg 1461 Pelican Bay Trail in Winter Park okay judge this going to be an addition to your house correct okay not not a separate no any other questions for the applicant right thank you sir thank you Circle back again anyone to speak in support anyone in the audience to speak in opposition seeing none what's the board's pleasure move to approve a motion to approve we have a second second a second any comment seeing none all in favor I opposed all right enjoy good luck with your mother-in-law be patient what's next item number 10 is a variance request for 6625 be Lake Terrace located in the be Lake height subdivision the request is for a front yard setback reduction from 25 ft to 12 ft for a privacy fence in the r1aa zoning District the request is to construct a 6ft white vinyl privacy fence with two gates 13 ft into the front yard setback the proposed privacy fence is 21 ft from the edge of pavement is without a sidewalk to encroach upon traffic engineering is no objection to the placement of the fence as it relates to site visibility letter of support have been received from three of the surrounding Property Owners this concludes my presentation I'm Avil for any questions gentlemen any questions for staff all right seeing none is our applicant here anything you'd like to add to what staff had said sir yes sir all right gentleman do you have any questions for the applicant I do sir oh yes sir if you'd come on down please sir and uh give us your name and address for the record good evening uh 6625 Bar Lake uh Terrace Charles Johnson um thank you the the new fence that you're putting in um does that do it look like it's going to have a couple Gates on there yeah so the uh there's an existing fence that's there it's just going to come out to the edge of the driveway uh there's going to be a double gate right there and then cut back towards the house and there'll be a single gate there so I get the lawnmower back there to a little grassy area um uh I have currently a small like a pop-up RV that I'm storing at family's house they're moving moving out of state so I'm not going to have anywhere to put it so this is going to allow me to better secure that plus uh my daughter that whole side of the yard's kind of like a little play area for currently you can see right into it' be nice to have that privacy and not have to kind of be concerned of you know people peeping in and you you never know no understood I just um you know you have two driveways one on P away um is that your primary entr like for the garages yeah so ply away is I would consider our front of our house but our address side is um Bar Lake Terrace um we're kind of in a weird space cuz actually if you go further down on Bar Lake Terrace those are all double lots and their fences are right up against their you know lot line and you know they can use their back entrance to park all their personal belongings ply away there's a like a retaining wall there and that's where our drain field is and our septic tank so I couldn't do anything on that side to accommodate it so this would be my only option I and the reason I'm asking is just you know reducing it down to 12 feet with a imp pedable you know fence with a gate um not even it wouldn't be concerned more about go parking next things those Park is going to be outside outside the property line under the rway no uh we stayed within the it' be 21 ft from the the road all the way up to the fence would be 21 ft and 12 ft from the property though the say that one more time um did we pop the survey up there real quick thank you that right there that top front of the fence where the gates at is 12 feet from your property line so top fence yes from the red line to the property line is 12T yes 12T yes sir that's why I was asking understand if you start parking there you talking about bringing an RV and you know last thing we want to see is no you're going to be parking from the street to the fence parking in the rideway that's that's my concern said the what uh I park there currently um my vehicle doesn't get into the street I have a big uh, 1500 Chevrolet pickup um I have good two three feet before I even get to the street with that um whatever RV I had would like I said it's not going to park in the driveway it'd be behind the fence okay it's a little pop up any other questions for the applicant all right thank you sir for your time yes sir appreciate you guys thank you anyone in the audience to speak in support is there anyone here to speak in opposition to this application seeing done it's board's pleasure move to approve have a motion to approve do we have a second second we have a second any conversation all right those in favor say I I opposed hi all right we have one in opposition best of luck sir appreciate it thank you guys and let's see we're on to 10 now 11 on to 11 now item number 11 is a variance request for 3757 Millstone Drive located in the Suter Mill subdivision the request is for a side street setback reduction from 30 ft to 5 ft for a privacy fence in the r1aa zoning District the subject property is a corner lot and has two front yards for setback purposes the front of the house faces Millstone Drive the Millstone Court side is where the variance is being sought the request is to construct a 6ft wood privacy fence 20 ft into the side street setback the osed privacy fence encroaches into a utility easement and a building permitting will meet the criteria for placement within a stole letter the proposed privacy fence is 5 ft from the sidewalk and 17.7 ft from the edge of pavement traffic engineering is no objection to the placement of the fence as it relates to site site visibility I'm sorry this concludes my presentation I'm Avail for any questions thank you ma'am gentlemen any questions for staff all right uh is our applicant here anything you'd like to add sir to what step's saying um just come on down and give us your name and address please and share your thoughts Stevens SP address 3757 milstone Drive um no she pretty much nailed it the only thing I would add is uh the neighbor across street 3745 I know they got a variance back in 2014 for their fence which is roughly the same uh layout that I'm proposing that's about it gentleman any questions for the applicant all right thank you sir thank you anyone in the audience to speak in support of the application anyone to speak in opposition seeing none what's the board's pleasure yes oh yes sir question for staff yes uh there was a note in the packet from I think Hillary saying that no variance was found for the lot across the street so for the subject property um I did not find a variance for that one across the street I did find one from 2018 for 3742 milstone at 8'4 in and I found 3850 mil Creek Lane from 2010 at 9 ft um I did not find one when I searched for the one across the street though I could be if you don't mind let the applicant come down and if he wants to amend his statement yes sir I got the address wrong I'm sorry the one 8ot and 4 foot that was the address opposite side of the culdesac I believe 3742 is what I found opposite side of the culdesac for you would be 3745 that's what I thought I didn't find I was accurate happens sorry about that all right thank you sir any other questions before we discuss motions all right what is the board's pleasure Mr chair motion to approve motion to approve you have a second second second judge judge seconded all those in favor opposed all right enjoy all right let us Circle back to what was it number seven 101 cloverlane six was it Clover Lan I've received information from the clerk have you had contact with the applicant I receive information and not going to be able to attend because they're not in they're not in the state interesting gentlemen would you like to continue it or do you want to try and hear it on its merits just I would recommend hearing it on its merits versus trying to get them to come down out of state sounds good um who's that was that was yours right right right would you like me to repeat the gentlemen do you need to hear staff's comment yes please okay sure no problem this item number okay here we go which one was it item number six it was six okay I'm Sor 101 Clover Lane okay so um item number six is a request for a side street East setback variance from 25 ft to 0t for privacy fence in the r1aa single family dwelling district and The Meadows West subdivision located at 101 Clover Lane subject property is a corner lot and is considered to have two front yards for setback purposes the front of the house facing is Clover Lane and the Press View Avenue side is where the variance is being sought the existing privacy fence is 3 ft from the sidewalk in 15 ft from the edge of pavement traffic engineering has no objection to the placement of the fence as it relates to site visibility there is a Code Enforcement violation uh violation 23-22 3su for this structure resulting in the necessity of a side street setback variance there have not been any prior variances for the subject property and this concludes my presentation all right so that was our question before because the existing fence that's in violation is 3 ft from the sidewalk but the property owner is asking for zero feet setback they're asking for yeah asking to remedy it by a variance and so long as they're getting a variance they want it to zero and um any other questions for staff just so the record is straight is let's just make a call out is there anyone for the applicant in the audience there is not is there anyone here to speak in support or opposition does the county attorney's office have a comment all Paul chip off for the record uh Deputy County attorney in looking at the site plan that was submitted um are they are they placing the fence in the same location as it presently as the old fence was according to sorry according to the site plan yes but their application stated zero okay because according to the site plan that they have shown they they have asked for zero but it does show that the fence is 3 feet off of the um property line and then gives a three foot separation between the fence and the sidewalk would the application have precedence over an exhibit to it the application would because that is what we advertise it for yeah so it would be the zero but because the zero if they ask for Less we can give them less but because they ask for zero we could grant them three feet we can't grant them more that make sense everyone mhm and from the picture that is in the staff report it looks like the existing replacement fence is at the 3 feet so perhaps I just wanted to clarify that and that does clarify it thank you uh and and perhaps what we should do should there be a motion to approve uh perhaps just affirmatively State what the board's pleasure is uh and then presuming of course which we may not do uh there is no one in the audience for support or opposition so gentlemen uh let's talk about it well my my concern is looking at the picture that's in the file that there's the 3 feet distance to move it closer I think might be a hazard I'd be concerned about putting it any closer to the sidewalk anyway I agree Mr chair it's it's I mean same spot would be one thing we do it a million times but 3et closer you're right on top of that sidewalk I understand we have to do with the application states is it what it was advertised for and we can't just base it off of what over the site plan was looking so um I'm not 100% in favor of that so I follow any other any other thoughts gentlemen likeminded I you know I'm in favor of as you suggested you know if there was a motion to approve that you know it should be maintaining its existing location which is a 3-ft offset currently at least the way it's described mhm and additionally worst case scenario if we did not want to proceed without hearing firsthand from the applicants you said that they were out of state at the moment but the applicants and the property owners according to seal County property appraiser card are the same people so I'm assuming that their existence out of the state of Florida is a temporary thing and were they to be put on notice that they need to be here next month to or to at least send a representative that would be doable for them so if we're not 100% on making a decision tonight and we want to continue to next month are we still allowing folks to show up telephonically or Zoom or what we like what we did during Co um we do not offer for them to show up with zoom um but we do tell them that if they don't appear at the hearing there is a chance that their item will be continued especially if the board can't get if they have questions for you and you are not there they may not feel comfortable we highly recommend them to be at the hearing they were given fair warning age with that so would yall like I move to continue we have a motion to continue in a second uh those in favor I I opposed I James silence silence will be seen as in favor unless I thought I had said I I'm sorry going deaf in my old age sorry all right so it's continued and that takes us then to minutes did we get the minutes shame on me shame on me I'm the only one I don't recall seeing I to be honest I don't remember seeing I don't remember seeing them they they did come they were attached I am getting a look that tells me they most definitely came and uh uh I've got like three minutes to 7:15 all right so we have a motion on the minutes yes does the board have a motion on the minutes motion to approve have a second second all in favor I I opposed all right they are approved all right anything else youall want to chat about before we adjourn if not we are adjourned thank you all so much thank you J you did a good job thank you [Music] [Music] [Music]