##VIDEO ID:eQDKPwJn2Lo## [Music] we're on the air staff ready yes all right let's do this good evening and welcome to the last meeting of this calendar year for those of you in the audience who uh may not have attended one of these hearings recently please let me share with you our normal procedures staff will introduce each item for consideration if you'd like to speak on an item unless if you're the applicant you don't have to do this but if you're not the applicant there's a form out in the lobby if you'd fill that out and uh indicate whether you're for or against the item under consideration and then give it to the clerk to my left uh the applicant and the applicant supporters will be heard first those in opposition to the request will be heard next and then the applicant if necessary will will be given a chance for rebuttal comments should be restricted to pertinent information regarding the agenda item under discussion we don't get into conversations about homeowners association or who's nice who's naughty or whatever if you are an individual you'll have 3 minutes to share your thoughts if you represent a group or an organization you'll have six minutes uh speakers should move closer to the podium when their item is being presented by staff and speakers should identify themselves clearly on the record as to their name and address each speaker should be given respectful and courteous attention and don't be Sur but the board may ask questions of you or the applicant or anybody else uh information presented at the public hearing will be kept as part of the public record if you have things that are on a digital device we just ask that uh before the end of the evening if you share a copy of that with staff uh I'll then ask once once everything is finished I'll close the floor to uh input and we'll ask the board for a motion once a motion has been made and seconded we will then discuss the matter if necessary and following board discussion a vote will be taken during voting board members who do not cast a vote will be considered to have voted in favor of the item any person who disagrees with the decision of this board uh May appeal to the board of County Commissioners and you must do so within 15 days of tonight's meeting uh and after the meeting tonight's staff can help you out with that process so having said that item number one please good evening for the record Angie Gates item number one is a request for one a side street North setback variance from 5T to 0 feet for a fence and two a side yard West setback variance from 7 and 1/2 ft to one excuse me 7 and 1/2 ft uh for a shed in the r1a single family dwelling District in the Paradise Point third section subdivision located at 1518 baly Beach Drive the subject property is a corner lot and considered to have two front yards for setback purposes the front of the house faces bomy Beach Drive and the unimproved chamia Lane Street side is where the variance is being sought for the fence the existing shed is 100 square ft and encroaches 2 feet into the required side yard West setback and the existing privacy fence encroaches 5 ft into the required side street setback on October 7th 2024 the building CO a building code violation case number 24274 was issued for the privacy fence and shed for unpermitted instruction without the required permits resulting in the necessity for this variance one letter of support was um received via email and one letter of opposition was received via email after the agenda was printed and they were placed on the dis for your viewing this evening prior to the meeting 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 yes um do you know how the uh how the building inspector came to know of the violation in the first place I do not Mr Right no I have no questions thank you the the thing that makes this a corner lot on the Northern Edge there is that is is that is that a platted Road or it is a ploted road it's unimproved okay so it hasn't been vacated or anything it hasn't been vacated and there haven't been any per traffic engineering there aren't any plans to cut that road through gotcha and and this this is maybe an unfair question uh the applicant had said that she that the shed was built before uh the house was was was purchased do we have any way of confirming that I did not research that part Cathy I didn't befor so yeah that's okay I'm on it okay I saw Kathy's fingers over there you guys didn't read my mind geez uh is the applicant here then yes come on down please over to the podium yes ma'am if you just share with us your name and address and anything else you'd like to share um latia Lopez 1518 b m Drive UPA 32703 yes ma'am so yes about the shed it was there um I purchased that home almost four years ago and it was already there and about the fence um the company that built it said it wasn't on my premises and they not in business now so defense companies out of business they move to another um I think they in aala right now more business over there maybe so and that's what I can say all right gentlemen any questions all right thank you ma'am okay welcome is there anyone here in the audience to speak in support of this matter seeing none is there anyone here to speak in opposition to this seeing none we'll close the floor gentleman your pleasure there he is Mr chair yes sir uh motion to approve motion to approve from Mr Wright do we have a second second we have a motion and a a second all those in favor hi hi opposed all right enjoy item number two is a request for one a side yard North setback variance from 10t to 8 ft for a shed and two a sidey yard North setback variance from 50 ft to 26 1/2 ft for a carport and three a sidey yard South setback variance from 50 ft to 22 ft and for a front yard setback variance from 100 ft to 47 1/2 ft for gazebo in the A1 agricultural District located at 3571 North County Road 426 I'm going to wait just a quick second for the judge sure to get himself set up here he's sprinting to his seat as we speak did the snow slow you down a failure the property and head to meet the mechanic and collect the rent at the same time the traffic hor jacket thank you sir the batteries included always anyone have a question for staff just chairman ma'am just uh Deputy County attorney n burer just for the record let the record reflect that Mr Bravo has arrived at approximately 6:08 p.m. so noted thank you all right any any questions for staff um and reading to our report there's several code violations on this one as well I I don't think staff was I wasn't finished no that's okay I thought I just want to make sure so I wasn't listening well I'm sorry that's all right um so I'll go ahead and start over uh I wasn't very far into it anyway so thought something was missing item number two is a request for several variances the first variance is for a side yard nor setback variance from 10 ft to 8T for a shed and the second variance is for a sidey yard North setback variance from 50 ft to 26 and half ft for a carport the third variance is for a side street South setback variance from 50t to 22 feet and the fourth variance is for a front yard setback variance from 100t to 47 1/2 ft for gazebo in the A1 agricultural District located at 3571 North County Road 426 the shed is 120 square ft and encroaches 2 feet into the required sidey yard North setback and is being used for storage the carport is 455 Square ft and encroaches 23 1/2 ft into the required sidey yard North setb and is being used for agricultural purposes the Gazebo is approximately 250 square ft and encroaches 52 and 1/2 ft and the required front yard setback and 22 fet into the required side side Street South set back and is being used for agricultural purposes also a building code violation case case number 24-72 was issued for the unpermitted construction of all three structures resulting in the necessity of this variance there have not been any prior variances for the subject property and this concludes my presentation now then any questions for staff yes um maybe I should ask this of the homeowner but how exactly does one use a gazebo for agricultural purposes uh what they you use it for if they store something under it that is for animals livestock or something that they use to run their business with ho Downs any other questions for staff is this property in the uh rural area yes I believe it is yes it's in Geneva A1 agricultural all right is the applicant here do you want to you don't have to but would you like to share anything please come on just for the record if You' please give us your name and address yes hello hi everyone my name is hanana alel and I am in 3571 North County Road Geneva um I have um my business there too as well um it's a plant nursery so Theo and the carport uh we use to sort the fertilizers and all the things we use for the plants um production gotcha all right anything else um I think that's it all right thank you gentlemen any questions Mr chair yes sir um I guess I'm trying to give gain a little understanding as to why all of these were built without trying to pull a permit for any of this yes I I I know like um I I wasn't a aware really of how things work here I I moved like um recently to Geneva three years ago um I'm from Peru and things work very differently there so do you and I'm not being and I don't mean to be yeah not trying to be rude um you said you run a business yes do you run your business without a license no I have a license so you understand that there is a process when you do something like this that you have to put go through a process with the county or the city whoever you're with I know to build these things we we did it before knowing all that stuff and then things happen with the violations and now we are trying to to work everything to get all the permits we already got the fence permit and everything um and trying to to do the things right so and again I'm going I apologize I'm switch switch staff real quick so for the the purposes of what we're looking at it's really just for the approval denial of the variances Associated to this has nothing to do with them having to go through and permit the the structure they still have to go through that process yes okay um yeah I'm I'm normally you know a little bit more good with this kind of things after the facts but um this is quite a lot I'm just I'm concerned that you know yes we we are still working on getting those violations solved and getting the permits that all all the permits that we need I've been working since I got the violations in July and coming to the county every month to try to solve these um I've been working and I've been working with Megan um and been coming like very very often so I'm trying to solve this really um and I'm I'm sure like I I will get these permits um hopefully soon for the our attorney president just just so I'm clear um by approving or denying what whatever decision we the board makes tonight um is is there a timeline you know that I'm just concerned that there's a lot of things here that we're going to say yes or no to and that you know whether or not they follow through you know they didn't go through the permitting process whether they actually follow through how do we how do we kind of ensure that or back that up so I think the mechanism to do that already in place because they already have an existing code enforcement violation so if they don't get these rectified within the time period that the uh code I don't know if it's been brought to hearing yet and they've been given a time frame for compliance or if the code officer is waiting to see if they get if they're consistently moving forward with getting permits and in in connection with the county the code officers will sometimes not bring it to hearing yet to see if they can get them into compliance being the ultimate goal if not if they don't come in compliance or If you deny this today then they'll move it to hearing and then and then there'll be a compliance date set and then it'll go through that so that's really they're already in a process where you have where the county has a hook I'll also State this and this is just side information I believe the property was purchased in July 2023 if they are running a Bonafide plant op Nursery operation that could qualify for an Agricultural tax classification but those can't be those are typically not considered by the property appraiser until the business has been established for a year so that would put us July into the middle of this year the soonest they could apply for that classification would be January 1 and if that classification is ultimately approved then these farm buildings wouldn't have required permits right so so if there had been one on the property and they took over a nursery and they kept the tax classification but in this case it sounds like they're maybe working on that I'm just giving you that side bar to say that it is an agricultural use and what they're using it for seems to be consistent with that so this is really just a variance location of structures question if and again I apologize for all these questions but should the decision of the board be to approve the variances but they don't get the permits they don't follow through right um the variance will always stay in place correct at that point I mean there's no they don't they don't go away because they didn't get permitted for the so you could add a condition to your variance approval that says we're approving this variance on the condition that the permits are pulled within one year of this approval or whatever time frame you want to do you just stated exactly what I going for so thank you right that is absolutely within your purview to be able to do so and now to follow up on something else you add the the egg portion that you were talking about that they probably wouldn't have to do all this um is this something and and no offense could can they just dragged their feet on not doing the stuff and then the EG oh there is no there is absolutely let me make this clear and there is no one path for us forward there is no um we don't have anything to do with the egg classification that that is completely up to the property praiser not many of them get approved you have to actually be up operational show receipts I mean it's very you have to be operating a b Bonafide Farm Nursery you know livestock whatever so that is separate in aart just giving as background information if there was a question in your minds why this was an agricultural use why they weren't just allowed to put these nonresidential buildings up that's why they don't have the classification yet um but if they were to you know uh not ever get that it doesn't matter that's separate and aart we don't consider that for our code enforcement violations that are all that at this point you've already violated because you don't have it so this will move forward okay I just I was looking at I just didn't want if they decide not to you know we deny all approval they they don't follow through with the building permit issues and they just kind of wait their time and get the other side of it where they don't need it anymore and makes our stuff go away that's that's kind of what I was looking at is that a possibility um I think if you put you know the time frame on it as far as pulling the building permits and and getting through I mean I would probably suggest that you give a time frame to pull the building building permits and have them issued and approved your certificate of completion completed by a certain time because then sometimes I've seen where people where boards have put conditions on that say Hey you have to pull permits within this amount of time but you don't have to bring them to completion and so you know looking at the condition it really needs to be you need to pull permits and get your certificate of completion done within this certain period of time is there a reasonable amount of time that is not a question that I can answer from a legal perspective I don't know you know if these are standard sheds or carports that came with plans already done maybe quicker you know who knows if there needs to be engineering done yeah applicant has indicated that they've started the process I mean if if if we were to put a a time limit on it 6 months you know um 12 months I I'm not sure but um and they aren't able to do that in that period of time does that mean the item comes back to us at that point um it depends on the condition you could say we can approve for six months you have to be through completion or staff can you can say the planning director can approve extensions if the applicant has shown that they are consistently work working towards closing out those permits yeah I don't want to I don't want to handicap anybody but I just throw something on that's another level like bringing it back noticing it it's another level of cost and and work um on staff's part especially if they're working towards compliance okay thank you thank you for all sorry sorry I would like to add something um for the gbo and the carport um I G gave already everything that is required we are only waiting on the variance and with that I will present that and and move forward with f and for the gaso I hired already an architect because they were asking for the for the um how the base was done so he's working on that and I I present those plans and then move forward with the varing as well honestly I appreciate that good faith you know effort to to continue to do that I'm just again it bothers me that this many structures were or items were constructed without permit so thank you sir um just one more thing just to update Kathy just checked the building permit status and there the the the permits are all in they're in plan review and it's waiting for you know we're stopped because of the variance approval so the plans are in and if she's got an architect and have the plans in that's probably substantially you know the time frame is going to be sooner rather than later on those thank you it's good to hear thank you Mr questions any other questions sorry I took all your space apologize why we're here good information yeah it's good to know all right no other questions all right thank you ma'am for your time thank you anyone else here to speak in support of the matter is there anyone here to speak in opposite position to the matter seeing none gentlemen your pleasure Mr chair sir um motion to approve yes sir on the condition that all of the items on the code enforcement list are permitted through completion and completion of a certification of completion not that they're being built and they're already completed but that are permitting processes through completion and that I'd like to I'd like to see that done you know I know the permits are in place but at least a timeline of 6 months um and based on the conversations that we had that um if that 6 months can't be met then at least allow the planning director to you know provide an extension for the applicant and I don't want it to stop them but that they have to continue so I know that the process is continuing that makes sense I apologize if that was a mod of words do you want the extension to be for another six months I would say six months extension yes thank you thank you for that Madam clerk do you think you've got that so you can put that all together for the okay good if I understand correctly you're saying we're going to continue this matter for six months no no I'm saying that um my motion is to approve the variances as requested but that code the violations that are being shown on the code violation for the structures that were built they have to go through permit through completion they have to be permitted accepted by the county certified and then that has to be done in six months months if they can't do it in 6 months the planning director would allow them to give an extension and an additional 6 months and and but but our approval stands yes regardless of what happens yeah that's the only objection I would have but once we get we don't have a choice of giving it conditionally upon these other things happening or do you know I don't think we can I think we have to we have to get to this application you can so I think maybe I think what would address that is if at the end of your motion you add that um if if it's not completed with that period of time the variance approval will terminate or expire unless staff thinks a good faith effort is being made well that's I mean the it's basically going to be like for 12 months because staff can do one six-month extension do that work for you well the concern I have is that if we we give the variance to the property regardless if she's successful with what she's doing either by failing to do what she do or they fail her uh but the changes are going to stay with the property they will not with this condition won't stay it will expire if the condition that Mr R is that if you if you add that to your to your motion that's to the motion that yes and I I would like like to add that to the motion that I made that at the end of the six months we'll allow a six-month extension after the extension the variances will approval will expire approval will expire if the conditions not met thank you if the conditions aren't met thank you for putting those words in my mouth I appreciate that thank you it's my job that ANW my sometimes that would that will satisfy your was no but but with the way the motion is being proposed it could be yes okay so having said all of that do we have a second second we have a second and we have a motion we have a second all those in favor I those opposed all right congrats that motion usually took longer than our entire meeting but we got it right all right so enjoy uh if you have questions about what we just discussed and the condition um staff can explain it to you after the meeting all right number three please good evening for the record Hillary Peyton Planning and Development item number three is a variance request for 1386 Swit and Court located in the Estuary at St John's subdivision the request is for a rear yard setback variance from 20 ft to 10 1/2 ft for a screen room addition in the Gateway at St John's planed development the request is to construct a 1,22 ft screen room Edition encroaching 9 1/2 ft into the 20ft rear yard setback the rear of the property a buts a landscape buffer an open space tract owned by the Estuary St John's home Owners Association this concludes my presentation Avail for any questions thank you m'am gentlemen any questions for staff seeing none is the applicant here come on up and just please whomever is going to speak please share with us your name and address good evening everyone uh I'm Gish B residing at 1386 switon City Sanford 32771 just want to yeah no no please go ahead just want to set up the screen room so that I can spend more time it's on the west side so in the evenings especially during summer we would like to spend more time outside that's why we are requesting for the Rite back I got you gentleman any questions for the applicant so you're not building a pool enclosure no okay that's what I thought it might be any other questions have you have you have you chatted with your neighbors about this yes and and what were what were their thoughts they're actually waiting for my approval to so that they can also request for approval so they're not yeah they don't have thank you for giving us more business fair fair enough fair enough all right U there a gentleman behind you is anything you you want to share uh yes but please first give us your name and address sure Daniel Hoffman outdoor designs 474 ospry Lake Circle julota Florida 32766 um so they have applied for the permits uh we're a licensed contractor we have um everything ready to go just need a approval and I have a u um the survey if you want to see that I think I think that's in our packet okay but thank you oh yeah right there there we go beautiful um last call gentleman any questions seeing none uh what's your pleasure motion to approve sir we have a motion to approve from Mr Wright we have a second from the judge those in favor all those in favor of the motion I those opposed all right enjoy thank you so much next item number four is the variance request for 213 mono Inlet Boulevard located in the shadow Bay subdivision the request is for a normal high water line setback variance from 30 ft to 7 ft for a swimming pool in the r1a zoning District the request is to construct a 14t x 28t swimming pool encroaching 23 ft into the 30t normal high water line setback the property butson Nashville Canal on Lake Brantley the shadow Bay homeowners association has approved the swimming pool two letters of support have been received from both adjacent neighbors this concludes my presentation of for any questions thank you ma'am gentlemen any questions for staff uh yes uh two questions first um it's my understanding that uh the definition of canal is that it is an artificial channel so how what what is so different about this one that it's a natural Canal according to our uh Natural Resources officer this one is a natural Canal naturally made all right I might need to have a chat with this Natural Resources officer then um second question the purpose of the setback of 30 ft from the normal high water elevation of the lake what is the purpose of that what was the intent behind that properties are supposed to have a like a a water front yard setback essentially to keep distance but to and to give visual for Neighbors okay so that 30 ft is for all structures not specifically for pools correct okay okay thank you you're welcome any other questions is is is this may not be a fair question does does Staff feel like this has been vetted to the point where we're not going to have issues of erosion of this falling off at the end of the lot or iion um there's a SE seaw wall thank you okay well those never fall and thank you ma'am is the applicant here can I I'm sorry I'm sorry I apologize I just want to ask a couple questions too um this the aerial that we're looking at right now the residence next door is that a pool in the back that's correct was that one also that one was built in 1991 um that one does appear to be closer I believe the rules were different back then um I was unable to find permits for that one or several of the others around it but that doesn't mean that there were permits pulled it just could have been too old I was just you answered the question whether or not we've already gone through this process for that one so yes um the second question is on the survey that I'm looking at or the site plan however you want to look at it um there's a couple notes on there that's repeated twice says C separate letter from fdp that supersedes the nhwl requirement I think I included that letter in the package I apologize if I you did P on it apologize is there any is there anything that we should be aware of in that that um it's been a minute since I read it but I did bring it to our Natural Resources officer and she said she understood it however she was um disagreeing with it I guess and believe that it was a natural naturally made Canal so her in in this case her disagreement or you know the whatever I apologize I can't think of the word um they finding of this it is an indifference to our code that requires the setback from the normal high water line um I when I read this letter was probably a month ago and it said something basically about if I recall that it like it wasn't natural hold on a second I don't remember I'm sorry if I may chairman this n worker for the record so you know um the state's determination is obviously determinative under state law and what they require from them their permitting perspective um the County's Natural Resources Director has made a different determination I don't know if she has different historical knowledge of the area or what that was but that is what's going to be determinative here as far as how our code is applied okay and and the reason I I was asked obviously because it you know it's been repeated twice on this s plan that says it supersedes it and I'm trying to find out why it supersedes it or if it even does so that I don't know that it sup it supersedes it to the extent that when state law is applied they're going to apply not apply state regulations it's not determinative of hey we've said this so now you have to com make all your steps that you take not compliant with your own ordinances that okay doesn't supersede from that respect thank you and just my thoughts and the ultimate if you disagree also though is as we have a quasa Judicial hearing going on we should be reluctant to consider any hearsay testimony you know we do not at least if not yet we haven't heard testimony from an expert contradicting this yet that just a thought um okay to call the applicant felt like I interrupted you for something uh no no other questions love having Engineers on the board love all right sir come on down challenged you sure with your name and address please yes uh good evening Matt overing 213 mono Inlet Boulevard and we want to put in a pool just keep backing it up and go just right into the canal let it be natural Waters and no no just what's sh there um and it you know I think the the idea came up when looking around in the neighborhood with the proximity of the other pools to the water questions gentlemen your thoughts there some concern you probably heard some of the back and forth could you share anything to address concerns of people who might be thinking this is members of the board who might be thinking this is a little too close to the uh to the water yeah so in looking at the Google Map aerial I think there was an attachment that I included um there's numerous other properties in the neighborhood that appear to be closer to the water than our proposed pool location and in addition we do have a fully permitted set of drawings that were engineered and submitted with the retaining wall um that was discussed and the holdup is when the variance issue came up makes sense um gentlemen questions Mr um just one question I know the the letter from the D is addressed to you did you request the letter I mean I just give me some background on where that came from yep so the letter actually came from a previous construction project on the home and they needed a uh the natural high water level elevation and I couldn't seem to get it from anybody the county because when you look at the map for the lake it does not include the canal so I reached out to the state and and that was the response that the state gave me okay thank you just trying to establish the elevation of that natural I was just trying to figure out where it came from that's and you answered thank you very much yes all right thank you sir yeah thank you uh anyone else here to speak in support of the matter anyone here to speak in opposition to the matter seeing none gentlemen your pleasure Mr chair sir motion to approve we have motion to approve we have a second have a second from the judge all those in favor I I those opposed all right enjoy your pool you were oppos and that oppos that was a late eye okay doing all the work time and our last item of the Year I'll get the next one item number five is a variance request for 916 Mimosa Drive located in the lake millshore subdivision the request is for a rear yard setback reduction from 30 ft to 6 ft for an accessory structure in the r1a zoning District the request is to construct a 66 foot 22t X 30t accessory structure encroaching 24 ft into the rear yard setback this concludes my presentation V any questions thank you ma'am gentlemen questions for staff all right seeing none is the applicant here uh oh I'm I before I'm I'm Sorry Miss P quick question is is this in the rural area also I don't think so no just a little bit West of that okay got you thank you ma'am all right sir anything you want to share with us sure all right of course please share your name and address too please um good evening my name is Wesley arnes I'm at 916 fosa Drive chiota um 32765 or 32766 sorry um just looking to build a uh a shed recently moved from Ovito out to chilota um and uh we have two two little ones with one on the way so just looking to store some stuff not inside the house storage is important yes gentlemen questions got thank you sir anyone else in the audience to speak in support of this matter anyone to speak in opposition to the matter seeing none your pleasure Mr chair sir move to approve motion to approve you have a second second second from the judge those in favor I those opposed all right enjoy and best wishes on the third one goodness all right I think the last thing do we do we have minutes all right my my bad I I'll have to M aopa and say I I did not read them but someone else who did uh the chair will entertain a motion motion to approve sir we have a motion to approve the minutes we have a second second from the judge those in favor all right it passes all I heard those quiet eyes all right unless anything y'all want to add we are adjourned for the you yes ma'am um we have an appeal of the planning manager decision in which the board of adjustment we we needs to set a time to hear it during the public hearing we' like to request January 27th to bring that forward to the boa works for me yeah that's just our normal meeting right yes yeah any reason not to no all right here we go so we would have this at the beginning of the program and then we would move on with our normal agenda items yes okay we've had that once before yes all right is that the same one no thank are we set for the 23rd of December or the no this is our only meeting this is our only meeting no Mee oh okay yes sir we're done for the year after this family made plans on that night and I saw the conflict this unless you're wanting to get out of it you know you just say oh me yeah just tell them we have a meeting and you can leave they're cting on my check by the way how's your health very good thank you well we are adjourned thank you all very much much all right happy Holidays happy New Year thank you so much [Music] la [Music]