##VIDEO ID:ZvDKw88V3eM## [Music] [Music] [Music] [Music] it looked wait for a second and there it is good evening and welcome to board of adjustment for those of you in the audience who have not attended one of these hearings recently please allow me to review our normal procedure staff will introduce each item for consideration if you would like to speak please fill out one of the forms that looks like this that are out in the lobby and indicate the item number and whether you're for or against the item and when you do that after you finish filling it out if You' please give it to the clerk uh as we proce proceed through the agenda the applicant and the applicant supporters will be heard first those in opposition to the request will be heard next and following that the applicant will be given a chance for rebuttal comment should be restricted to pertinent information regarding the agenda item under discussion we don't listen to discussions about whether people don't like each other or homeowners association disputes or anything like that uh if you are an indiv idual you'll have three minutes for your comments if you represent an organization or a group you will be given six minutes uh speakers should move closer to the podium when their item is being presented by staff and speakers should identif should identify themselves clearly for the record by stating their name and their address each speaker should be given respect and courteous attention the board may ask questions of speakers or staff members and information like photos and site plans and drawings and things presented at the public hearing will be kept as part of the public record I will then ask for a motion from the board and once a motion has been made and seconded discussion will be closed to the floor following board discussion a vote will be taken during voting board members who do not cast objecting votes will be considered to have voted in support of the application or of the motion I should say any person agreed by any decision of this board May within 15 days file an appeal to the board of County Commissioners and staff can help you with that after the meeting uh having said that item number one please good evening Angie Gates item number one is a request for a side street South setback variance from 5 feet to 0 feet for a fence in the r1a single family dwelling district and the Fox Run subdivision located at 3480 heral Lane the front of the house faces heral Lane and the park roads side is where the expan is being sought the existing privacy fence encroaches 5 ft into the required side street setback and the applicant has stated that the existing fence is 16 ft from the sidewalk and 23 ft from the edge of pavement traffic engineering has no objection to the placement of the fence as it relates to site visibility on March 26 2024 the seminal County building department issued a building code violation uh case number 24-96 for the installation of off fence without the required permit and on April 8th 2024 the property owner submitted for a building permit at the time it was deter at that time it was determined that a side street setback variants would be required there have not been any prior variances for the subject property and this concludes my presentation thank you gentlemen any questions for staff uh Miss Gates quick one for me the the applicant in their notes had mentioned that the U the fence was erected by the prior owner this may not be a fair question but does does staff have any knowledge of when that gate was that fence was erected the vinyl fencing was put up around 2010 according to the Aerials 10 wow we're just now getting into it excuse me um in 2010 I have an aerial that shows that the fence was just a wood privacy fence and sometime in like 2020 according to the Aerials it was the vinyl was put up gotcha thank you uh is the applicant here come on down please sir if you'd come to the podium please and just share with us your your name and address just for the record come sit next at Water Remar 3480 hero Lane oo Florida 32765 you have anything you like to share sir beyond what what staff had shared we bought the property in 2007 uh the fence uh was installed that way since we've had it for 17 years a few years ago hurricanes came through wood panels went down and we decided to replace them with vinyl uh we didn't do all the fencing around the property vinyl just that that street section and um I don't know maybe six seven months ago we uh we rented a pod and uh it was there for more than 3 months the city noticed and then the fencing thing came up but it's been that way for 17 years and the prior owner had actually uh ran that fence line that way so so I'm hearing if I'm hearing you correctly that your the wooden fence fell down and you replaced it with the vinyl that's correct and and when did you put up the vinyl around 2020 around 2020 yeah got you gentlemen any questions right anything else you like to share sir no have you spoken to your neighbors about this yes we put the ply cards up on on both sides and a few neighbors have come up to us and asked if we needed support at the meeting and I said I think we should be okay so that's that's about all they've asked Perfect all right thank you sir appreciate it is there anyone here tonight who'd like to speak in support of the application seeing none anyone here to speak in opposition seeing none we'll close the floor then uh gentlemen your pleasure motion to approve the motion to approve from the vice chair Mr has seconded uh any discussion seeing none all those in favor hi opposed all right enjoy number two please item number two is a request for a for w aide yard South setback variance from 7 and 1/2 ft to 3 feet and two a rear yard setback variance from 10 fet to 5 ft for a shed in the R1 single family dwelling district and the deian addition subdivision located at 1581 Dixie Way the proposed 160 squ ft shed will encroach 4 1/2 ft into the required southide yard setback and 5 ft into the required rear yard setback the rear of the property backs up to a 15t undeveloped Alleyway and there have not been any prior variances for the subject property and this concludes my presentation thank you ma'am gentlemen any questions for staff all right see is the applicant here is there anything you you you don't I I wanted to ask that gentleman a question but if you don't have to come up if you don't want to add anything but if you'd like to please do come on up your call I will we like meeting new neighbors anyway if you just share with us first your name and address please my name is Debbie Spoto my address is 1581 Dixie Way in Sanford and the reason for uh requesting this variance is because I have a small yard they put the septic leech lines in the back like in the middle of my yard and this is my only way of having the storage I need the storage shed and um I really need storage because we have a small home and um I have Lawn Equipment out and so forth but um that's what I wanted to add we we do have undeveloped property in the back and my neighbors are very all we all family and they are they have no opposition to anything so that's it thank you gentlemen any questions all right thank you ma'am is there anyone here to speak in support of this application is there any oh yes ma'am come on down please I you want you want to come on well we we need to have you done here on the record I'm sorry silly old rules and no I support it because if you could give us your name and address please oh my name is Mary fiser and I um like what's your address I'm sorry please your address please 1581 Dixie way thank you ma'am and I travel back and forth but is small yard with the septic is the only option uh with the limits on the yard to actually give that variance thank you ma' gentlemen any questions for this lady thank you ma'am anyone else to speak in support seeing none anyone here to speak in opposition seeing none your pleasure gentlemen Mr chair sir motion to approve motion to approve from Mr kunen is there a second second second from the vice chair all those in favor I all right those opposed all right enjoy and for the record Robbie M assistant County attorney just like to note for the record that uh Mr Carmine Bravo is now present for the meeting thank you [Music] sir The Honorable Carmine Bravo County Judge retired all right number three please good evening for the record Hillary Peyton Planning and Development item number three is three variance requests for 1667 Kingston Road located in the nolwood subdivision the requests are for a rear yard setback variance from 35 ft to 10 ft and two South Side yard setback variances from 20 ft to 7 ft for two accessory structures in the RC one zoning District the request is to bring into compliance the construction of two accessory structures built into the setbacks the first structure is a 500t metal shed encroaching 25 ft into the rear yard setback and 133 ft into the South Side yard setback the second structure is a 160t shipping container encroaching 13 ft into the South Side yard setback a code enforcement violation number 23268 was issued for the metal shed resulting in the necessity of this variance this concludes my presentation I'm Vil for any questions thank you ma'am gentlemen any questions for staff all right is the applicant here please do come down because I think we're we might have a few questions yes sir you could share with us please your name and address my name is uh yeah yaser Musa uh 1667 Kingston Road and I'm the uh the husband of Mayor L welcome what would you like to share with us um do you know to be frank with you this this shed we buil it for um our girls to have a a place to exercise because due to the pandemic they weren't able to exercise so you know we consulted a company and they told us that you know it was fine and you didn't need any type of uh of uh permits or anything anything like that I it to be honest with you it wasn't a malice type of situation yeah we we are um we're First Responders so during the pandemic we needed a place to be to just come and unwind and be able to work out and he surprised me with this because he saw the amount of pressure that we were on and we didn't realize can approach the the clerk can help you but there's a a so that was the pre the reason why we did all this and um we had no idea that it wasn't supposed to be done yeah and that it was illegal to have stuff like this on our property that's why we're asking for the variance yeah and the other and the other situation was that um we actually after the situation have any issues pardoners for technical difficulties so after the situation we we talked to our neighbors and um if you can see in the um actual sketch of the property if you don't mind best thing there was that flag Madam clerk if you could do a a after all of that if I think the applicant's asking if we could switch over to the site plan yes sir uh view thank you thank you after all that yeah so so if you can see that there's a neighbor here a neighb were here and none of the neighb were here so two of my neighbors I spoke to them and they were they they they have a an issue an issue on any type of opposition about us having that type of situation the neighbor on the back was actually the one who um called the city and and show up in our house about this whole situation so if got gentlemen any questions for the applicant yes I have a question so the 500t shed the one in the back the corner there that's the gym what is the purpose of the shipping container on I put my my uh lawnmower my land mower my toolboxes okay yeah okay it's just something that that way I don't have to put it in my garage and that was put on your property at the same time as the shed or different time no sir that was a different time and again I I called companies and they told me that you know shipping containers you don't need anything so again it's something that I'm I'm in the health care profession I'm I'm not a an engineer or anything like that any other questions it's all about the you uh no shck up question is should should we um not approve this application how difficult would it be just to move those to a different place you know further away from the property line um this one over here it won't be that difficult to be honest with you but this one has a a concrete base so we would have to repour a concrete base and and move it I guess to a different area gotcha gentlemen any other questions for the applicant thank you all so much for your input thank you sir is there anyone here to speak in support of this matter seeing none I have a a a comment formed from a Mr Shannon Mr Shannon would you like to come on down and share your thoughts I have a drawing sure the the clerk can help you out with that can she can she yeah no pressure she does several staff throwing sh St right it's nothing but love that's you should there's some behind it so sorry I'll address the group um I'm Ken Shannon I live at 224 D Avenue so I'm one of the three neighbors that is affected by this addition I'm The Whistleblower um I'm the guy that came and saw it I didn't know it was going up because it was traveling uh when they put it up don't believe it was put up during Co I think it was put up after Co um it's a it's a steel structure um we have one acre lots in this subdivision one acre we have 35 foot setback I'm an architect so I know these rules we have a 35t setback and we have a 20 foot setback on the side we live by those laws and that we don't have restrictive covenants in that neighborhood but that's that's why we have the property values that we have and we watch out for things like this my backyard um this lot you can't tell from the drawings but the land slopes up so I'm taking a photo from the backyard looking up towards that shed my my hedge is 6 or 7 ft tall M the next photo can show you something even you give a little bit more sense of scale that's me yesterday um that hedge is 78 ft tall and that's the shed and that shed is 77 in from the boundary line at this at this shortest Point 77 in it's a steel building in a neighborhood that has houses that are worth quite a lot when I see things like that I I ask myself why do we buy into neighborhoods like that we buy because we know we have zoning that protects us I'm I'm a good neighbor I I talked to them and I said what happened you know and I because I was thinking about building something myself but I didn't build it because I didn't want to push into the setback lines because I thought that was absolutely impossible to do you know and I wasn't going to build a steel structure I was going to build a guest house which we need in Seal County but I would never do that so I'm starkly opposed to it I don't want to be a bad neighbor obviously we want to be good neighbors but we can't have things like that happening in the neighborhood without repercussions and I got to believe in a one acre lot Mr chairman your comment about how hard it is to move that I totally agree take a look at the site plan you can see that's a 1 acre lot there's a lot of places you could have put that that shed not on the property line not looking right into my backyard got gentlemen any any questions for this uh this gentlemen did you get a um an estimate of what it would take for the owner they have an estimate of what it would take to move the big building judge I I apologize if if they do have a chance for for reut let's get him back up here before we should I sit down just a second and for the board any questions for for Mr Shannon all right thank you sir thank you um for the applicant if you'd like to come back up you you have a chance for rebuttal yes sir uh but I think also uh the judge has a question for you um to be honest with you uh judge um well I hope from the beginning that everything you said you were being honest absolutely so we're not doing a change of pace now no sir having honest okay no no no um um to answer your question sir to be honest with you in in order for me to move that I have to tear everything up that's basically it cost us about $177,000 so I would have to tear everything up and resubmit all the plans to to the County and do everything um one of the rebuttal your honor is that his uh property is actually sloping up my property is higher so his shed his uh the hedges are not 7 ft tall sir they're 6 feet and they're right across my the the line and I can show you a picture of that if you we already did I see that I can understand that yes sir any other questions gentlemen for all this here any anything else you'd like to add sir no sir thank right thank thank you uh just for for you you can sit down if you like Mr chair sir I have a question for staff please um I would look this up myself but uh the Wi-Fi doesn't have an internet connection can you please verify with the aerial photos are you able to verify with the aerial photos um when these structures appeared in the backyard um I don't have a laptop to look that up I don't know if Kathy can Kathy Hamill development services and Jay you can confirm I have October 2023 the AEL shows that it has been constructed January 2023 says that it was not there so it was done somewhere between January 2023 and October 2023 is that both structures or just the Big Shed just the Big Shed okay what about the first one the shipping container I there is a structure there and I think the shipping container is is black and what I'm see that's therey J can you talk them give me do you have a pen okay so um here's the sorry for not here's the corner right here there is a white structure right here um and you can see in this location that there is nothing there and so that is that's January 2023 and now I'm going to go there that's still um January 2023 and now here's the aerial from October and you can see that this structure right now is now black and you can see the 500t um sh shed is there and that's o October 2023 so I believe that both of these were placed he must have replaced the one that was white with the shipping container no no this one right here right here no the shipping container was noticed because they were because of the other one no what I'm stating is that there was a white structure there before and it appears as though that you replaced the white structure with the shipping container we painted it you painted it that's what it was that's the mystery they painted [Music] it gotcha does that answer your question Mr cson and I go in closer and then that's it closer okay any other questions for staff very helpful thank you just for housekeeping I think I might have jumped across things a little quick getting back to rebuttal is there anyone else in the audience to speak in support or opposition to this who hasn't already spoken all right good we'll close the floor then uh gentlemen your thoughts or put this way is there a motion then we'll discuss I'll move to deny have a motion to deny from the judge is there a second second had motion to deny in a second let's let's talk about this for a second judge what were your thoughts well the first thing that they respectfully to the gentleman or maybe it was the lady who said they didn't know the rules before they did it and one of the things I did for 18 years over 50 years actually with small claims court and one of the things that you tell people when they come is that you're respons if you don't bring a lawyer you're responsible to know the law and you did a major production it's a large building and uh it's going to cost you plenty to move it and I just think it it violates by 2third of the distance anyone else want to share so I I don't know if it was last month of the month prior but you know when we were talking about you know we were we were discussing a decision and you you actually I think eloquently put it you know it's kind of like a game of Monopoly or Uno you know everybody has house rules and as long as everybody agrees there's Harmony and peace and and in this case we we clearly don't have Harmony in my opinion you know with the neighbors and uh you know regardless of the Hedge is 6 feet or 12 feet it does certainly Tower over the hedges whether it's a up slope down slope or or sideways slope um so I mean that's kind of where I'm at anyone else want to share a thought Mr chair sir understanding that um this is situation that's already been created it's already in place um I would ask if there's mitigative techniques that could be used Shield you know I know the shed the hedge hedge behind the shed is six 7 feet wherever it's described but um some type of planting trees you know canopy or something that would visually you know restrict the from the rear neighbor you know that might be something to be looked at there's a cost involved but there significantly probably a cost that may not different than uh moving you know a facility like this to that point I mean is that something that we could you know maybe do a continuance send back to staff to see if there are mitigative procedures rather than us rule on it per se right we i' and I'm sorry to overp speak but you know I mean at this point i' I'd almost ask you know if it's something that you know we can test the applicant and or maybe the person who's agreed by this to see if that was an option you know before we make a decision on continuing it is an option for the board of adjustment to um recommend appropriate conditions of approval that would make it more compatible well we can do that but what we can also do is uh ask the applicant who always of course has the right to say no but ask the applicant if they'd be open to the idea of us continuing the matter while he perhaps has discussions with his neighbors to find a middle ground right yes so having said that sir and ma'am um I'll I'll come to the podium so that that your answer can be heard over the microphone uh you you might be able to see where you know there is a motion to deny it would you be open to the idea and you don't this is you have an absolute right to say no you want to go forward with your application but would would you be open to the idea of us continuing which means we wouldn't rule tonight we'd push it to next month's meeting and maybe give you time to chat with your neighbor and see if there's any kind of middle ground that you all can reach because we're only allowed to say in essence yes or no um one of the things that we were talking about was to put bamboo uh um basically Hedges to cover the the height of the of the property that way the neighbor doesn't see that that type of situation and and you know if he agrees he's over here so if he agrees with that then I I don't have a problem with that sir and and I and I will be greatly appreciated about that or you know something else we could do and again pending pending G's pleasure also is we have two more items or no three more items to discuss we could perhaps uh postpone voting on this until the end of the meeting if yall would like to go out to the lobby and if if sir if you'd be open to a discussion you you don't have to do it if you don't want to would you be open to that and we can we can maybe Circle back at the end of the meeting sorry Mr chair sir mhone I'd be happy to do that be happy to talk yeah why don't you maybe go out just to the lobby and and we can we can uh we can pause this SEF any reason not to believe our count yeah if we could dispose of the origin the primary motion and yeah and then and then we'll need a motion to table so judge would you would you withdraw would you be open to withdrawing your motion well I have a question first sure and that is is there a foundational basis for the distances for the setbacks in other words the something explained these are the distance for the setbacks this is the reason now I don't know if this I don't know if they do that or not at this level I know in the statutes quite frequently there's an explanation of why that became the law of it I I think the Land Development code just speaks for itself right um the setbacks are established for compatibility um for structures that are over 200 square ft it has to meet the same setback as the house because of its size if it's under 200 ft we allow the structure to meet the side yard setback of the zoning classification but this is rc1 Hillary the rc1 what's the rear yard it's different for this one 30 ft the same as okay so it's the sidey yard that's 20 that's a lot larger than other zoning classifications so it's 20 on each side okay it's 20 on each side so that is our for zoning Purp purposes it's for compatibility and that's that that's the extent of the explanation it is what it is okay so as a first matter of housekeeping judge as you know of course you don't have dra motion okay so is U the chair would entertain a motion to table this matter to the end of the meeting Mr chair sir motion to table this item till the end of the meeting please from the vice chair do we have a second second second for Mr cson all right so all in favor post all right so if youall just with your neighbor go out in the lobby and see if you can work something out nobody is obligated to have to do anything but when you come back we we will take a vote absolutely thank you all right appreciate it all right next one then please item number four is a variance request for 6070 Twin Lakes Drive located in the Twin Lakes Manor subdivision the request is for a South sidey yard setback reduction from 7 1/2 ft to 1 1/2 ft for a shed in the R1 a zoning District the request is to replace an existing 8X 12 shed with a 12 by6 shed 6 ft into the South Side yard setback the new shed will be placed approximately in the same location as the current shed 1 and 1/2 ft from the side yard setback the existing shed is placed in its current location for the protection of the existing well pressure tank water conditioning system and electrical connections the proposed shed will also now serve in this capacity but will be larger to allow for the storage of a riding lawnmower and other equipment this concludes my presentation I'm available for any questions thank you ma'am gentlemen any questions for staff right see none is the applicant here would you come on up Sir because I think we might have a question or two for you and just for the record if you'd please share with us your name and address good evening I'm Randon singer 670 twinl Drive Ovito thank you Mr singer anything you want to add to what staff had said I've had this uh existing shed there for nearly 40 years that protects my water equipment we've got the floor cut out so that the shed uh protects it um it's an old plastic one that we got from Sears 30 40 years ago can't even begin to tell you and because of that when I went to get new sheds I wanted to go ahead and make sure that the shed would be able to go ahead and have its floor cut out so that the it would be set in that same parameter of it the same layout but just make it a little bit big 4T wider 4T longer and and be able to put my new riding lawnmower in there because the it's now 52 in and I have a 48 in door I can't get it through the through the thing so one thing begat another begat another um and uh so I know that the Tough Shed will be engineered and designed to go ahead and do that but I just need to have that variance so that we can protect the water equipment uh I used to have uh these Home Depot uh plastic water softeners and the sun would just eat up the plastic and deteriorate it in a matter of months um after going through three of them I finally got smart enough to go ahead and stick a shed over it so I know it's protecting the equipment I need to go ahead and protect the equipment still so that's the long and short of it got you gentlemen any questions would the new shed be the same location and parameters as the old shed you just placing Tit for Tat so this is The Edge that's most important and this is the inside of the wall yes that protects all of this equipment which is approximately 6 ft in depth approximately 4T wide the shed will be coming out four feet and coming another four feet out this way so this is currently 8 by 12 this will be 12 by 16 4T longer 4 ft out but that same wall or that same location of this wall is critical because that's what protects this okay that's your question judge does that I don't understand he's saying it's 4T wider and 4T longer I understand that part why does it need to be because if I go by the rules then this is this will be 10 ft over from the property line and it what is not seen is that either there's a sidewalk that goes down towards the lake and that shed would be sitting on top of the sidewalk but the oh the old one does it doesn't now does it no no sir why don't why can't you just replace the new one with the same parameters as the old one because I can't get my lawnmower in the door oh I thought this was to protect the uh it will do double duty it protect my my water system but it'll also allow me to go ahe and drive the lawnmower in there to protect the the lawnmower any other questions and it's wearing out the plastic is wearing out Mr Evans did you have a question I've got one question so currently the shed is a uh that that most important wall that you were pointing out that is the one closest to like a fence or some sort of barrier that is the southern property line if you will so then the the side that you're going four feet let's call it lengthwise or widthwise it's going towards the pavers not towards the correct okay so you're extending further into your property into my property the major boundry against that's been there for 40 years is not changing yeah is not yeah that remains exactly the same same print okay Mr singer have you chatted with your neighbors about it yes they have no objections and uh everybody is in happy for me to see that happen good stuff um gentlemen any other questions thank you sir thank you anyone else in the audience or anyone in the audience to speak in support do we have anyone here to speak in opposition seeing none gentlemen your pleasure uh Mr chair motion to approve Mr Evans moves to approve do we have a second second Vice chair second all those in favor I opposed all right sir enjoy thank you one more here then we'll bring back our friends now he's got to cut the grass you're welcome there we go there's number five are we ready for item number five yes please item number five is four variant request for lot five on Pine Street located in the cavilla heights subdivision the requests are for a front yard setback reduction from 50 ft to 25 ft the two side yard setback variances from 10 ft to 5T 10 in and a rear yard setback variance from 30 ft to 25 ft for a single family dwelling in the A1 zoning District the request is to construct a 2551 square foot single family dwelling encroaching into all four setbacks it would encroach 25 ft into the front 4T 2 in into each side and 5T into the rear in 1960 the A1 zoning District was established with a lot area requirement of 10,000 square ft and the lot width requirement of 100 ft this rendered Lots within the cavilla heights plot non-conforming to the A1 zoning criteria today's requirements for the A1 zoning District are 43,560 ft and 150 ft for the lot width the majority of the Lots located within cavilla height subdivision are the same size as this lot to 8,250 Ft on October 22nd 1990 the board of adjustment granted a lot size variance from 43,560 ft² to 8,250 and a width at building line variance from 150 ft to 75 ft at the subject property this concludes my presentation I'm Avail for any questions thank you ma'am gentlemen any questions for staff is the applicant here yes sir is there anything you'd like to add to what staff have it shared with us uh no right now right gentlemen do you have any questions for the applicant seeing none is there anyone here in the audience to speak in support of this matter seeing none anyone in the audience to speak in opposition seeing none gentlemen Mr chair sir move to approve motion to approve from Mr kinsen is there a second second second from the judge all those in favor opposed all right good luck with your new house thank you very much all right let's Circle back to our friends we'll find our place on our agendas if you come on up to the uh the podium sir were youall able to reach terms if you want to ask uh Mr Kenneth yeah we we are absolutely here's the thing you you you tell me what it is and we'll take some notes I'll take some notes well we we definitely agreed to put hedges so no no well that's why I'm asking you to come over here because we I agreed to to put the hedges he put it to you this way and and Sir if you if you could come down I'll ask a question to you and for the record this is item number three thank you ma'am uh Mr Shannon if you just I I sorry I need you at the at the microphone do you feel like you guys have come to an agreement that that if we approve it it will allow what's there to stay where it is un unfortunately I don't I don't this I'm talking about I'm not just talking about myself I'm talking about the residents of our community of our development and for for this kind of thing this is why we have setback lines this is why we have building restrictions this is why we don't just build stuff without coming to you all asking for approval I I hear but I I think I think to answer my question it's it's no I I don't see a way I I want to be a good neighbor and I want to come up with a a solution that makes everybody happy and I think there probably is a good solution that doesn't doesn't make a 35 foot setback line necessary I think that's excessive it is the setback line 30 and 20 35 and 20 I think there's a solution unfortunately there's a cost associated with the solution to to your mindset what is the solution moving the items do we have the side plan I think that of all the places to put a gym and I have a gym too of all the places to put ay gym there's a nice spot in the back of the property right about here all right good here's the thing I don't I don't want us to go too deep into this the the question is could you all reach a compromise tonight we couldn't so we need to go back to making our decision so thank you all very much for trying that I think I think you're to be commended for that uh we just we have a job to do now so I I think to my board members uh we we there was a time when I would suggest maybe a continuance but I don't think there but youall might disagree uh so we're back to now seeking the pleasure of this board chairman sir ma'am if I may yes um there was a couple statements previously when we talked about this so I just want to clear up for the record this is n borker Deputy County attorney for the record um number one is you absolutely have the ability to condition any variance approvals so if you feel as though the issue here is compatibility is not adequate buffering between uses if that's the issue you absolutely have the ability to require some type of planting buffering around the around the existing units um to try to get to that compatibility that I'm not at all I'm just giving you options so I just wanted to make that clear that that's an option for you too um you know and the second thing is just and I always relay this go back to your criteria go back to the criteria that's required under the variance um and you know base base your opinion on that so that's just my two comments thank you m'am all right so what is this board's pleasure renew my motion to deny all right motion to deny from the judge Tom you I'll Ren my second let's let's let's talk about it for a second um from my perspective and I I think I'm a broken record I think Mr Evans had kind of encapsulated my thoughts on things in general is that I think folks have a right to stand on the rules you buy property subject to the Land Development code and everybody has the right to say I expect the rules to be complied with and if people can work out of compromise great but if they can't the rules are the rules and and uh that can be harsh sometimes and it can lead to situations like this where the folks have to goodness they're going to have to spend some money coming into compliance but you as the judge said we all have to know the rules of the game we have to know the law uh those are my thoughts but I'd love to hear what yall think I I think coming back to conditioning as well is in this case you know we tried to create Harmony by allowing them to come back to to a compromise and it's not really our job to create the Harmony in the space you know so um that's kind of where I'm at on any other thoughts Mr chair sir um you know I know you've mentioned it people before us have come and spoke have mentioned obviously there's a set of guidelines that were set up with the plat where the setbacks were established it's the norm try to maintain it but as a board we also have a mo a method here that allows us to Grant a variance um one of those things is hardship you know um understanding this is a hardship on the applicant which is identified in one of our conditions um for them to move it there is a um and and I'm based on what the um and I apologize I don't have the gentleman's name but the the the neighbor who you know showed the picture of that he has to look at the top of that building there is a mitigative technique that could be used vegetatively that could Shield that be no different if the just gentleman planted trees back there and you'd have to look at the trees there is a way to do that that we are allowed to put on the as a condition of the approval um it's still a financial hardship to the applicant he has to do that but um I I understand there's you know this is a onetoone relationship there's three neighbors two say it's okay one doesn't and but there's one that has weight you know weight I'm not saying it doesn't have weight but you know I'm I'm more in line to finding a technique that will um Shield the obstruction from his View and and uh move on without having to cause a situation where they have to move pick up and physically move something at a much higher cost that's all that's my opinion and you know how much respect I have for you but just just to make a comment one of the things you had said is that there is hardship that we can consider but it can't be a self-inflicted hardship and understood yeah and um no I'm I'm not I'm not arguing that beling that point you know so are are you are you asking judge to to amend his motion um as far as the discussion at the moment now that's really just until you till you decide to move forward without Beyond discussion that would be uh potentially the next thing I would ask well we've got a motion in a second now would be the time because otherwise the next step is to call the vote well again there's no reason for me to amend a motion to deny okay you know I'm not I'm not in favor of denying it I'm in favor of providing ative technique so I'm not really sure what I could amend to it and I like to comment to that because granted there are ways that they could come up with to modify the surroundings so they wouldn't be viewed but for us to take a position on that tonight might be imposing on them something they wouldn't either of them would want and it would be something that if they brought it back and said we went home we talked about it we looked at plan a b c and d and we can live with this can you accept that but I I think we're dead in the water at the moment understanding we tried to we tried to do that a little bit tonight you know the applicant is is willing to do something the the neighbor is basically affirmative saying no it's you know it hold to the setback and move move the structure um but the one thing I'll disagree is that we do have the ability to add that condition as a mitigative technique you know the the neighbor can agree to it or he can appeal it you know based on that decision um versus us just denying it if we deny it the applicant has to move it and you know there's there's only one which is sufficient to block it but how many times to go back to a sports analogy because we got canes and Gators in the room have there been onepoint games that made the difference in the season one votes one vote and it carries weight so back back to your original question I don't think there's anything I can amend to at this point so gotcha uh right let's call the question then with a motion to deny all Mr EV Sor M Mr kunon I'm sorry uh we spoke just now about how if we vote to deny the application it would create a hardship on the applicants um however as you said it is a hardship of the applicants own making um this is not the construction from a previous owner of the property that they a situation that they happened to inherit this is a situation that they created for themselves um if if they had come to us with a variance request uh with that portion with the construction not already having been done and they came to us asking for permission to put those structures where they are with the size of the lot and the character of the neighbor neighborhood I'm very confident in saying we probably would not approve that variance request because you know unless you have a good reason such as earlier tonight we had very tight small Lots with drain fields and such where you couldn't move your shed this is a very big lot there's plenty of space where these structures could have been put that would not have violated the setback requir ments and this wouldn't have been an issue in the first place and maybe the structure still would have been visible from the neighbor's yard and well he wouldn't have had any recourse to complain about it because it would have been uh adhering to the setback requirements but these structures are not adhering at the setback requirements I think it's an excellent point anything else youall want to share before I call the question all right so we have a motion to deny those in favor I sign by saying I I I opposed I all right it passes 41 and I'm sorry but the application's been rejected if you want to appeal to the County Commission after the meeting staff can help you with that uh with that we um we don't have minutes to go over so we'll deal with that next month and unless there's anything else you all would like to discuss uh will be adjourned thank you very much thank you also very much um if you guys can just hold one second I know we've rejourn the meeting [Music] um for [Music]