e e e e e e e e e an appeal meeting today for March 27th to order and um if we'll stand and do the Pledge of Allegiance I pledge aliance to the flag of the United States of America and to the for which it stands one nation under God indivisible with liy and justice for all okay we'll do a roll call member small here member malland here chair buar here I'm sorry we have a quum okay let's see uh we'll have the approval of the agenda is there no changes no changes okay and uh if there are anybody in the audience that want to make comments today I'm going to have you stand and be sworn in so we just need a motion for the approval of the agenda okay I'll make a motion where we approve the agenda I second yes yes all in favor yes thank you yes anyone who will be speaking to the board or making a presentation needs to be sworn in please stand raise your right hand do you swear or affirm that the information or factual representation that you are about to give or present to the board is truthful thank you okay and uh we'll have the approval of the me minutes for the February 28th meeting I make a motion to approve the uh minutes from the February 28th 2024 meeting of the board of adjustment second roll call member small yes member mahalan yes Vice chair buar yes motion carries okay today we have only three members so uh just want to let everybody know that has a case before us it will take a super majority of a yes vote for you to have an approval of your case so if anybody who has a case would like to continue it you can do that correct so the code requires three votes regardless of the Quorum present therefore you need all three yeses in order to get your variants approved today so we're offering you an opportunity to continue to April if not you can proceed and we will start with case uh case 4 a seeing none okay okay and it's located near the intersection of Gul Boulevard and 78th Avenue it is surrounded by single family residential uses to the north south east and west the property is located within the rlm1 residential Zone residential low medium or rlm on the future land use map again the property is requesting to remove the existing residential storage building and install new uh which is oversized with 160 ft where 80 ft is permitted and a height taller than what is permitted at 9' 1 in and 8T is uh permitted so this property may look a little familiar to some of you on the board it was a recipient of Prior Board of adjustment approval approval and that was back in 2022 with case number 22013 also a practical difficulty variance uh requests for a patio cover which encroached approximately 3 fet into the side yard setback where 5 ft was required and 12T into the rear yard setback where 15 was feet was required it then returned back last year in 2023 for a modification of the conditions um that were imposed on the development order uh previously for the prior case and with that they did amend the conditions or you guys did the board um to be altered and replaced um with two other conditions which I have located here and this is just the layout of what the prior Board of adjustment approval was for that pergola and currently uh The Sur the survey showing existing conditions and also the proposed residential storage building and its location so on the bottom middle part of your screen that is the existing uh residential storage structure that will be removed and replaced with the new one which is located to the right side of your screen in the box here's just a pretty picture of what the proposed storage structure will look like it is a pre-manufactured shed and now I'm going to bring you on to the property uh noticing was completed as required the legal ad was published and notices mailed on March 13th and the sign posted March 19th on the property here is a front view of the property again single family residential to the east and Jason Property to the West also single family so going on to the property this is looking towards the rear of the property uh on the Eastern side looking to the rear you'll see the pergola that was previously approved by the board of adjustment I'm just spanning to the West a little so you can see the existing uh rear yard and here's a better picture of the existing residential storage structure that's going to be removed some other views and the applicant has stated that if you look where the adjacent property they also have a residential storage structure that is going to be placed on the concrete in front of that structure but within their property so the variance criteria and comments that was located in the staff findings report so with also located within the staff findings report um staff did have comments that the applicant should be prepared to provide their own testimony and respond to staff comments and that would include the applicant should provide testimony as to the materials to be stored on or within the proposed building the applicant should give details on any proposed material to stabilize the area where the current storage building is to be removed such as landscaping and the applicant should provide testimony as to how the storm water runoff is or shall be directed and maintained on the property to ensure compliance with Land Development code section 6.13 B3 in addition not included on this slide but I just wanted to reiterate that as per Land Development code section 6.13 b5c requires a minimum separation of 6 feet from an accessory structure so that would be that pergola that currently exists and I just want confirmation that it would meet that it appears it could but just for to provide testimony on that with that uh staff finds the request is reasonable will not have an adverse impact on the neighborhood staff recommends approval as proposed and with this application I receive no letters and objection or support the applicant is here and it's welcome to come up uh would the applicant like to come forward afternoon Tom to amri 510 78th Avenue St Pete Beach um what I'm in the process of of trying to do is to remove an older not dilapidated but a structure that needs to be replaced so that it it's more attractive to the neighborhood and replace it with another structure that backs up to a um uh another storage unit that is the same height the same width and and in light construction except that my storage unit will be a uh pre-engineered uh um wind velocity storage unit manufactured by Tough Shed uh all engineering drawings are HV for High Velocity zones um and and I have a complete set of those drawings that will be be submitted with the um with this selection the one thing that I I can say um if I can here just to give you a little bit clearer maybe that's one okay um if you see the the um turquoise uh roof that is the roof that's on the pergola it's a canvas roof it's uh and the pergola by the way has has no surrounding wall structures it's purely that it's a shade structure um where you see the RV that's where the um uh structure is going to go it'll be placed approximately 11.9 11t 9 Ines away from the pergula much farther than than where you see the the um RV placed that RV was there on site for 4 years and um and it will be put on an existing driveway uh the the one to be removed is is over dirt so that will open up more uh perious water so that the groundwater can be absorbed it will be landscaped um this structure will be uh hurricane tied they're bolt and fastened not just strapped but they're actually bolt and strapped uh into the into the driveway um and um it it's placed in a location where it's it's nothing is ever hidden from everybody but however uh there's no visibility from my neighbors uh to the East and the west or or the um or the south of the structure if you're driving down the street I suppose you can look past a gate you know a vinyl gate and and but there would be a a nice shed painted uh there to be stored in the in there will be uh lawn garden materials wood the kind of things that uh if you uh your your photograph that you had uh that showed us a picture of my neighbor that material will then be stored inside rather than in the yard um it's it's just a story it no living no electricity no components none of that and um the storm water while uh sheds can be put uh on the property line as long as they don't drain water onto I'm not sure exactly the proper language but they can't shed water onto your neighbor's property this shed will be 18 in off the property line as required by by the Tough Shed so that they can get to it so the uh the water retention on the property it'll go just down onto the driveway and drain just like it would today with no additional um uh runoff at all see that's storm water that's what were the what were the four conditions that you had six feet yeah yeah it it's it's actually 11t right off of there 18 in off the property line I think I've touched on everything that you brought up yes sir you did appreciate that you have any questions no I think you've addressed everything well I thank you very much I appreciate your consideration question I have a number of questions oh okay hold on a second sure yes sir I do have a number of questions some of them more procedural and then some specific uh so you've had uh I guess one variance for this property you've owned it forever have you lived there as long as you've owned it yes sir yeah um so you've had one other variance and that was for the perola pergola okay um so there's no open permits or variances on the property right now um so it's a hardship application you've owned the property for 38 years I guess why is it now a hardship that you need this oversized storage building well for for a number of those years I was single and I my house is a uh Sears kit house it's actually 900 square ft it it is a three-bedroom house supposedly but when you have a wife you have a one-bedroom and a sewing there there's no there's no room in the house to store anything and I want to remove that that uh aluminum shed which is a Wally watch shed and it's served its purpose but that that's why I want to yeah I I mean I guess my issue is um and I'm not saying that you can't satisfy my issue but you're asking for twice the permitted size um did you consider something smaller uh 100 square feet or was like well if I got to get a variance I may as well go for broke and ask for uh a really big place okay first off I um I I did not go For Broke on this one this is actually one of the smaller it's 10 x 16 shed uh so it's one of the smaller sheds uh it is and you can't shrink it or it's pre-engineered so it it it is what it is right but there's other brands potentially available there are other brands but I found none to be as hurricane sufficient as this uh I've researched many of them I wanted to make sure that what whatever I put on my property uh has makes no uh doesn't place any of their surrounding properties on any Peril from even though some of them could be strapped down they may not be strapped down as good I've went and reviewed this the hurricane strapping that that they have from the roof all the way down is is you know just like I would build it if I was going to build one I I mean my inclination would be because of the size and how much larger is above uh what's standard code um to to frown on something that size but I will say I I recognize you've been a long-term resident I did visit the site um it appears as if there's probably you're surrounded by vrbos maybe uh is that um a lot of your neighbors are not I'm not going to make that obviously vbos are something that I don't want to talk about somebody else's property the property to the East and the West are both rental properties yeah um I I don't know them to be short-term rentals at all um and and to answer the other part of your question as far as size and consistency with neighborhood the shed that's directly in back of mine is is that same size so it's going to back up to one within a couple of feet of one that that's uh the same height the same width thank you I just uh wanted to get that straight in my mind um you know I see this as a relatively big ask Beyond uh what the code says and I just wanted to be comfortable with uh being able to say that I agreed with it so thank you thank you any other questions yeah has anybody uh if I may uh just real quick chair bmar um you brought up a good point with the side visit um does anyone have any expar Communications they'd like to disclose I know it's a little out of order but side visits being one of them yeah I actually I had a note I was going to ask you about perfect uh yes I visited both sites okay uh I walked around uh I didn't uh go on either of the properties but I did essentially walk the entire perimeter of both properties that was were considering today okay B more okay nothing no nothing from you okay sorry about that thank you no problem yes does anybody in the audience have any comments I would like to speak to either for or against could I make one additional comment sure and I started thinking about your concerns and while I understand those that RV that's sitting there is a 30t RV that stands 12 ft tall and and um was parked legally um without any kind of hurricane strapping any kind of hurricane protection um and and so this new structure will actually be a smaller structure than what was there with the RV thank you thank you okay with don't have any audience comments I'll close that section do we have any uh conversation from the board no I think he satisfied the criterias that were asked for and uh it's not and I understand you only have like two foot deep closets in the house so you have very little storage okay Joe did you have something you wanted to no I'm I'm uh the gentleman satisfied my concerns um well based on the evidence presented and all the criteria met I propose that we go ahead and approve case number 2412 as proposed a second okay roll call member moholland yes member small yes Vice chair buar yes motion carries thank you very much thank you okay next will be case number 24002 299 sunet way okay and we'll do this one in order is there any expart communication I know you said but for the record you can just go ahead and state it again yes I uh I walked around the site um all sides um obviously I did not go on the neighbor's property but I walked the front and the back a couple times to to view just what they were requesting and uh um that's my only uh Communications I had no communication with anyone but I did visit the property okay anyone else no no none none thank you okay I just want to uh remind the next applicant that you will need a super majority to get approval so if you decided you'd like to continue it to next month you can do that I just want to remind you of that okay um guess we'll go ahead with the next case okay I could have the PowerPoint please okay continuing on uh variance case number 24002 applicant is Brian enst Jr for Olen and Elise lipincott property is located at 2909 Sunset way and they're requesting a practical difficulty variance um to Land Development code section 6.13 c1b and 6.13 c2b to construct an elevated rear deck and in ground pool that exceeds 2 ft in height to allow for the encroach roach M of an elevated rear deck into the required 5 foot yard setbacks with two feet proposed side yard setback I'm sorry with two feet proposed and required 20 foot rear yard setback with zero feet proposed also requesting relief from Land Development code section 6.22 B to construct a third floor open unroof Terrace to allow for the encroachment into the 17t required rear yard setback with 9 ft 7 in proposed okay listing of exhibit the pro subject property is outlined in red it is an interior parcel it's approximately 6,500 Square ft it has single family residences to the North and South Sunset way and a single family residence to the East and Beach Recreation and open space to the West the property is located in the ru2 residential Zone within the passag grill overlay Zone this property oh and this property is lo received prior Board of adjustment approval also for an encroachment so in 2020 case number 20004 they were approved for practical difficulty variants to allow for the encroachment of an elevated deck into the required rear setback with 9ot setback proposed and with the condition that any elevated deck railing used for the rooftop seating area shall be open and designed to the extent possible under the Florida building code here is a survey showing the existing conditions and here is part of the request so there's a lot going on with this and I just want to let you know that this is part of a larger renovation project under uh building permit number 23252 um which includes interior and exterior Renovations um and also addressing driveway uh layout and Landscaping and here's just a enlarged version of the request to the rear of the dwelling at the top so you would see the set box um requested for the proposed pool an elevated patio as well as the rear um request and then in the lighter shade of pinkish reddish that is solid that would be the location of the proposed Terrace and here's the proposed re elevation that kind of just shows you um what the rear would look like with that third floor and here's a comparison so that way you can see what was existing what was previously approved by the prior Board of adjustment approval and if you see on the bottom left hand side they're looking to go up on the existing but it's open and un roof but still encroaches into the rear yard requiring the relief and just more of the variant request detail that was also um in your staff findings report and I just wanted to note that if the pool in the patio were 2 feet or less in height above grade the rear yard setback for the pool would be 5T to the pool's Water Edge 4 feet to the coping and 2 feet for the patio okay noticing was completed as required legal ad published and notices mailed on March 13th and the sign posted on the property on March 19th here is the current front of the dwelling this is the adjacent neighbor to the South which also received may look familiar received prior Board of adjustment approval and here is the adjacent neighbor to the north and we're going to enter on to the property along the southern property line looking West just following back continuing West and here is the current state of the rear yard now this I believe is the current layout or proposed layout of the pool and the applicant can provide testimony but I just wanted to provide you a visual of what is currently on the property right now and this would be the sidey yard property along the northern and stepping off of the the rear patio and looking back towards uh the rear of the dwelling they currently do utilize two steps to get up to their uh patio that exists now just a further step out towards the beach on that one um VAR criteria and comments also located within my staff findings report so with that the applicant should be prepared to provide their Ro testimony and respond to the staff comments that were also provided in my staff findings report the applicant should discuss the request to elevate the patio and if any alternative plans were considered and provide testimony on the proposed changes including the existing grade and proposed pool location there will be a grade change from the property directly to the north of the subject property and testimony on what property conditions will look like due to the grade change should be addressed and I can go back to that picture if you want to see um a more visual representation of that um and the applicant should advise if there are any plans to construct a fence or install vegetation along the adjacent Northern property line that will soften or buffer the view of the elevated patio but still maintain views it is noted that the building permit application that I previously reference um that was submitted does reference a 4 foot high aluminum fence staff does find the request will not have an adverse impact on the neighborhood and find the interest of Justice will be served in granting the variance staff recommends approval with the following conditions the condition of Prior variance case number 2040 contained within the executed development order that any elevated deck railing used for the rooftop seating area shall be open and designed to the extent possible under the Florida building code shall also be applied to this approval the proposed Third Floor Terrace and lower patio level shall not be enclosed or roof by any means permanent or temporary and shall remain open and may not be enclosed in such a manner has to be construed as living space fening to secure the pool may not exceed an overall height of 4 feet from grade as shown on the application for building permit 21068 an applicant shall submit a sealed asilt survey noting all setbacks impervious surface ratio calculations and approved by zoning prior to the issuance of their certificate of occupancy with this application I did receive one letter in support which was included in your packet the other one that I did receive in opposition was provided to you that is all I have if you have any questions for me not for you I think it's more appropriate sometimes to hear from the applicant yeah would think so if the applicant would like to come forward did Brian I have no idea interesting here uh this is Klay Gilman on behalf of Brian onst who's here on behalf of the liping cots um I think Christen is did a great job covering the request um we had a PowerPoint ourselves but it's going to be D duplicative of what she already um went through I talked her yesterday and and we agreed that that's that's pretty much the case um I have some of the design and construction team here to address the comments with regard to the elevation changes and the grade changes um but if you have any other specific questions with regard to Legal I can answer those but otherwise I'll turn it over to the design team to to answer these specific questions uh could you repeat what you just said again if we had any questions just any other questions other than these that Christen provided in the staff report um the the I think the design scene probably be more suited to answer those but I'm saying if you have any other questions specifically for me um with regard to Legal I I'd be happy to well I have a number of questions uh you may need to defer to the to the owners I guess they are present is that correct they are but I I guess it depends let's if you guys want to answer so I do have one procedural question um sir yes I'm sorry what was your name uh clay Gilman clay I'm assuming with McFarland Ferguson yes I'm here on behalf of Brian um did you happen to fill out a lobbyist registration form uh I I know Brian did I did not Brian did okay I'll have to take a look at that I think what he's referring to uh member mahalan is he's an attorney that can't give expert testimony he can only make legal arguments so I think what he's trying to get at is he has his experts here to kind of delve through and answer questions on the specific conditions and concerns and if there's any legal arguments then he can step back up and that's correct make those and are the owners willing to answer questions if I were to have a couple for them I don't know if I know all the logistics but I would be happy to okay well some of them are procedural and then there's a couple specific questions I just needed to get satisfied in my mind uh so they've owned the property how long come on up and ma'am I think I saw you walk in after the swearing I apologize after the swearing in do you mind just getting sworn in real quick the clerk thank you do you swear or affirm that the information or factual representation that you are about to give to the board is truthful I do thank you thank you so you've owned a property how long ma'am we closed in July of 2020 okay I think and this is the second variant request or has there correct so the house has not been lived in for some time it doesn't appear to have anyway um but it's listed as your primary residence correct we do we do stay there we still have our residence in Tampa I was born and raised in Tampa I still have a large footprint there um and we try to stay at the house over the weekends we have a very large family we have six children and I have parents that are still living and my husband husband's mother's still living so we we really do try to use it as much as we can but our long-term plan is to move over full-time okay um are you still registered to vote in Hillsboro no I changed it okay okay so this property is Homestead and it's going to be your primary residence but it is not your primary residence right now is that because it's under it depends what month because if Carman is under construction then we were not using it as much but it's been kind of dormant for about 6 months so we've been staying there more often yeah I I I'm not suggesting there's anything to fair is going on but to me you're making a significant ask here and I just want to understand that you're going to be you or that you are a permanent resident well and there's not some other intended use for this property yes it's going to be our permanent residence but just to give you a little um a little history with it it's a 100-year-old home it was built by Thomas row um who built the Dawn and we were able to buy the property because my husband knew the owner of 36 years um guy and Debbie Burns and one of the stipulations that was a gentleman's handshake was please don't tear it down because it wasn't protected so I have a large family I'm trying to bring it into the modern world make it a forever house and that's why it's been a big project and originally Strobel was my contractor and I had to fire him and I think if Carmen would have had it in the beginning we wouldn't be doing two variances it would have been done correctly from the beginning so that might be why it looks kind of funny because it was started in one way and then I had to you know make changes and I've hired the right person and super happy with him and we're just trying to finish it properly so we can kind of go forward and not have to revisit it every few years I have a family excuse me I'm sorry I didn't mean to no it's okay it's okay uh so you may have answered my next question um so the existing Deb the I think it's 17 fee or something like that something like that yeah um so the existing deck was installed when um so when you say oh the second story right I I apologize yes the second the yeah last last year last year so why did you not request the third story at that same variance request as opposed to coming back and ask him for it again I I don't understand what happened so I think if I remember correctly I begged Carmen to take our job and he's super busy and he does really beautiful work and I I just said finish it the way it is and then we'll kind of take it and try to on and finish it the way that I really want it um and for me I just didn't want it to sit for a year and a half everybody at that time if you recall every Builder every pool person was I'll talk to you in two and a half years you know and I I I for me it was it was just this this desire to get it done my parents are in their N9 my dad loves pass a grill I want him to have accessibility that's another reason that I want to be able to elevate the back so that he can see the beach without having to walk 200 feet out to it and you know it was it was really a a decision that was made to to finish what I could and then readdress it after we finished it so that we didn't how have to go back to square one so uh hopefully just one more question for you so one of the significant arguments that you made in your application um for the raised patio now I'm not talking about the second floor now I'm talking the first floor the pool deck okay um was the fact that as you've already alluded to there's elderly parents in the family and uh you would mention wheelchair access are they currently wheelchair bound or you just an anticipating that they may be um he's in he's very stubborn he really should be using a walker but he's using a cane and I think my niece just was married out at the beach 6 months ago and we put in a a walkway like a wooden slat walkway all the way out to the beach and he barely got out there I had a I had a bench put in um my intention for him is to use a wheelchair because it's exhausting for him by the time he goes out almost 300 ft he's just out of breath and so yes my my intention is to do some kind of a ramp where the stairs are that I can take up and fold or whatever when he's there and take him down to the beach so I I guess that's what I was actually trying to understand uh I I thought that and we may get to this with the uh designers or the or the builders um the request is to elevate that entire rear deck which would eliminate the need for the stairs that come out of those ground floor patio is that not correct it's I mean it depends how the LIE How It Ends because if we reappropriate the dirt that comes out of the the um ground that we're going to build the pool with and remember there's a grandfathered old sidewalk that is no longer a public sidewalk so if we you know my thought is well if that sidewalk is no longer a sidewalk then we should put the dirt there and let dune grass grow there um and that would Elevate the walkway so that we could just walk right onto the to the walkway and not have those steps but I'm not really sure you know how that's going to end up or um but that's that was my I'm a I have a design background and as a designer that would be where I would fix it but I don't want to encroach on the you know our our neighbors or get anybody upset but um I would repurpose that dirt and fill in that grandfathered area because the city wanted initially for that to go back to Nature I don't know if you're familiar with that it's like four I walked so you know and there was been lots of fights about it and you know uh but what I was really referring to is the steps coming out of the house oh okay I'm sorry I thought you were talking about at the edge going out to the beach my apologies no I was referring to the steps coming when you come out of your main floor there's like three steps that go down to what would currently be your pool deck if you had a pool correct um and obviously everybody wants elevated decks and all those things but the reality is is you have enough room to put a wheelchair ramp on that patio the way is currently configured would you not agree with that um I mean we're not tall people my dad is shrunk he'll never see the water from there but you know it's a it's it's really of I think it's it's a usability and a visibility that we're looking for in terms of the home and being able to utilize the back I know in reality we probably would not use it as much because every every time you know my parents came over they would not want to go outside so that you know your third your your second floor patio we've talked about that before it's really big I mean it sticks out way further than any of the immediate neighbors um and that's the one that I believe is currently um supposed to have 17 ft and it has 9.7 ft of setback um are you talking about the hellers just south of us no I believe he's talking about your current you mind if I no please do because I I see your you're you seem to be agitated back there so by all means come on out and say what you'd like to say well that was approved and and built yes with a variant so I don't know why we're even talking [Music] [Music] so anyway sir do I still have the floor Mr oh yeah go go right ahead I just so yes you're doing your job pardon me I'm just talking to Michael so I wanted to help clarify the pool level deck okay I think there was a little confusion going on there so it was our understanding The Architects and myself that uh you all the city code allows a deck to be elevated up to 24 in okay um the current deck that is proposed is only 24 in above the existing grade of the property okay there was some confusion okay when the pool applicant put in for his pool permit he called the grade of the sidewalk on the west side of the property the existing grade which is AB actually two steps down lower than the grade of the property okay so that's where the confusion came in with the elevated deck we don't believe that the deck at all should be and for the variance the elevated deck in the back were no higher than the property to the south of us um and we're no greater than 2 feet above the existing grade within the property lines okay so now we are above 2 feet above the sidewalk okay but that's 2 ft down you know two steps down I should say below the existing property line so I I mean I hope that helps with the reason why she's asking for the deck and it does help with the situ all along her main issue with the house was there's so many steps and for her you know for her father to get around we've been trying to eliminate steps around the house um by raising floors and changing elev you know to make it easier and this will allow from the main living to be able to be wheeled you know straight out into you know the pool deck area um and then to help with the upstairs we're actually adding an elevator that's part not of the um variance application but part of the permit application to be able to get her father to the upstairs areas so I don't know if that helps or not but I wanted you to understand where we were with that um with that raise pool deck it helps a little but uh and I I understand if the neighbor did it why can't I do it or why shouldn't I be able to do it I I I I understand that argument but where does it stop um you know are we just going to say basically well somebody did something and got away with it 20 years ago I guess we should just let it continue on that way and everybody gets to do it that way and you know we have no control sure um well we felt that the deck is within this city requirements we don't feel that we're exceeding that we're thinking that's a you know you may think you know we believe that it's average grade of the property okay is where you should be pulling a measurement for two feet for an elevated deck if your measurement is 2 feet is average grade of property not one step down to a old abandoned sidewalk okay that's where so we didn't really feel that that was going to be part of the discussion at all we felt you know the you know the upper deck may because we knew we're building on top of already in a variance area um but it it was kind of thrown in the mix here um so so can I ask a question if you don't mind real quick were there because I understand it's an older house were there steps along the southern Southern property line prior cuz I'm trying to understand the grade issue okay so cuz it does look like it's I wish I could answer that question we came in Midstream she had fired her contractor the place was demolished when we took over the project so I can't answer that now I know down the north side there's no steps okay it's you know from front to back so so from east to west there's no steps now there's a pretty good grade change on the south side there is and you are proposing looking at the site plan with the proposed improvements there are steps going to be located both on the North and South that are shown well with the elevated deck yes correct correct yes we would have to but the deck is it's a wooden deck we're not bringing fill in okay back there this is the existing grade will stay the existing grade okay this is just an a raised wooden deck above it okay so the water will perk through okay and go down to the Natural grade so we're not asking to bring fill into a flood plane uh so we're not changing the natural flow of the water drainage so just so I understood what you just said that you anticipate there to be steps off the ground floor pool deck to that back sidewalk what used to be the sidewalk area corre which I think the one one letter that we received when we arrived here today from a neighbor that was two houses down uh he seems to be pretty exasperated by the thoughts of that and is concerned about people walking on the dunes and the like um are so there's why is the steps so important I mean obviously we we all want everything we can get I get that so there's existing steps there today okay so we're using those but our deck is going to be elevated above so we need a few more to get up right which means you're going to have to lengthen them is that not we're not they're going to be in the property bringing them back into the property we're not sticking them out into the be yes uh so yeah I mean I guess if the city's for it and everybody else uh on the on the board here is for it um the the ground floor deck I I guess I I could so does that me say that I'd be okay with it I still am having trouble with the second floor that as a chair already said was previously approved but now you're asking for a third floor and it it sticks out there a lot um it's there's no houses from the rear of that house or from the side where the beach access is there were no properties that I could see that had Decks that red into the rear setback anywhere near as much as that one does and if you go up to a third floor on it um that just makes it worse or exacerbates it what is the rear encroachment on that um so 17 ft is required because it's open and un roofed um where um 9t I believe 7t is proposed okay so if it were happen to be say another roof over top of that so it would be that third flooor that would require 20 ft okay but it's still way into the setback if we can just get your name for the record uh Michael McCoy um the I understand what you're saying about the deck but we're not going out any further than it is now we we're within that same footprint I certainly hope not no and obviously we're we're unroofed I mean there's no roof over it we're going to have cable railing and you know for it to be a see-through and as transparent as we can so I so I think aesthetically from from any neighbors or maybe even walking I don't I don't see any real adverse effect to be honest with you um I mean obviously if we were Roofing it different story but you know we're just going up in that same footprint just to have an open deck which you know obviously then makes that Upper Floor enoyable mean that obviously I get I get all that I I live down that way too I mean I I understand all that but you know once again where does it all stop no I I I mean this is just an example here we just the board previously a year or so ago approved the encroachment on the second floor and a year or two later you're back here and asking for the third floor um and well and and I will say I think I think what the owner what Elise mentioned earlier that this probably would have all been done and one Fell Swoop under the right team and so that you know that's that's not your fault that's you know that's just that's just the facts just we had a unfortunately she had a team in there that really didn't know what they were doing and you know we're trying to we're trying to put pieces together and do it the right way and be transparent above board and you know follow follow the follow the steps accordingly right but you were the team that put the second floor patio balcony in is that the latest thing that's in here yes but I'm talking about the initial I understand that that was a different Builder different different architect different engineer right but most of that stuff I don't think had any encroachments it's some more recent stuff that it the the second floor balcony you were involved floor an encroachment all of that all that that's on the back right but you were involved in that is that not correct no okay no that that's what I'm saying we would have tackled all this in one Fell Swoop we would have done it properly but anyways I just wanted to kind of explain about that upper all right thank you just just to add on to that and and I understand the concern with going further out it I mean the the previous variance was approved for this the deck as it is um the request is just to go up there is no more okay excuse me one second did you identify yourself for the record I might have missed it yeah P thank you yeah and I just if if you'd like uh the owner to get back up and and restate um you know her intentions to live here I think that is more than more than her intention I mean they they're just you know working through the process of getting this buil it's not necessary for me but thank you okay not necessarily um so do we have any more I I actually have some of the questions that I didn't have answered that I would have preferred testimony on um and that is to do deal with the fencing along the northern property line and if I could have the propose uh or the PowerPoint backup please sorry so this is the the northern property line um and I'm guessing where the current like would structure would be kind of the I guess somewhere around the realm of the deck mhm um we go forward one more So currently you can see I'm not sure who erected the um material oh there that's between yeah that's I my handy ma' okay well yeah because for the it's really for the Neighbors I mean they're a a lot of um 100y old po carpus were there and they were removed and I am not even sure where the property line is but okay I would probably just propose to you know match whatever the hellers did whatever's easier but I thought there was ambiguity where the property line was so I'm just leaving it and I'm just I put up but it's like a mesh cone Depot temporary just to give them some proper some privacy because they have a pool and they're using it and I just felt B for them without getting into possible code issues um with the height of that and it's it's it definitely was not a permitted structure um that is in the area in which on the building permit that was submitted there's to be a 4 foot high fence so I'm just wanting to know and if I go back one in that area that that 4 foot high fence would be located at that grade not on top of the proposed deck correct okay yes okay um do you understand yeah I understand that I had a question for Kristen so the um elevation that they started with when the pool guy first put in a permit is a city are you guys on the same page as where the elevation actually is or what they're using as the elevation I'm just curious because it's kind of like it seems like it's fluctuated and I don't have an issue I just wanted to know what if the city as part of the pool permit review when that came out the reviewer caught the the the change of the grade and because yes it is unique in the fact that like the front as you go towards Sunset way but you can see on the proposed site plan there are going to be steps up to that proposed deck as you come along around the side of the the dwelling and then they're adding on to what's already currently there so depends on I mean you're walking you're going up steps it is going to be elevated additional and that was you know our interpretation of that and that's why it's required but I did check with the building official to make sure if this is elevated they put the pool in there if the fence is located at grade and I wanted to confirm that it was that that would meet code and it would be considered to cure which he advised me that that would be the case cuz I didn't want additional 4ot High fencing on top of the deck just mhm for visibility but the elevation of the pool deck itself is in compliance with what the city feels is no that's they're requesting the variance for that so they're requesting the variance but you still feel like that two feet that's not grade but they feel it's grade correct correct correct okay I just was not sure on how the city felt on that yeah and why well I can appreciate that we're not here to modify the application no we're not that that will be something that if you approve will be included in the approval right yeah that's that's the M but it is confusing because there's three steps down to the beach walkway which will be more and then now if I go back can I have the PowerPoint again just go back yeah okay so looking from here from Sunset looking towards the beach it it's pretty flush right so if we go one more we're there you will now have steps in that area according to the site plan to come up 2 feet yeah let me go back so you can see in that the bubble to the left side there steps and on the other side where we know there wasn't previously steps but the previous picture while you're up here I had one more question the deck of the second floor or the the upper deck so how do you do you remove some of the roof and put that in there so the roof becomes a deck on the highest level that will be the highest level yeah yeah we just cut the overhang back yeah and then that'll be a um it's like a little Dormer access out to it there the like an attic storage space up there okay and that's what kind of deck is that is that going to be a a wooden or concrete or no that's going to be tile tile tiled over wood over wood correct I was just curious yeah okay we have any other questions for the applic you did you cover what you want to cover there I think I did I appreciate that okay um so with this one if the board's going to make a there are recommended conditions in the staff report from staff that I think I would like the applicant's attorney or someone to consent to for the record if possible unless the board wants to modify them but if we want to go back and forth I would just like their con before um moving forward with any type of approval yeah we can absolutely consent to the the conditions as proposed on the staff report here okay thank you can we bring that up on the overhead again your uh the conditions yeah your suggestion just so we're so we've got it okay there you go okay would anyone like to make a motion if we don't have any other comments correct do we have any comments discussion any public comment no any public comment sorry there's nobody here preparations I uh I propose following the meet as long as the all conditions are met which I think we've pretty much addressed here today that the board go ahead and um approve case 24002 with the recommended conditions I thought I previously stated that but yes with recommended condition thank you for J's purposes yes I'll second that motion okay member small yes member moholland reluctantly yes Vice chair bulmore yes motion carries congrats good luck with that all of that so those are the cases anything else the board would like to discuss there is um I was informed yesterday that we have a new board member joining us who will be replacing um chair Skipper who's been the chair of the this board for as long as I can remember um so we'll be sad to see him go but I I I met the new member I think we'll do some kind of introduction to the next meeting just so we can see her I would reach out to you know uh commissioner WIS Nikki and commissioner Marriott were appointed yesterday all right so um not appointed but um sworn in as the elected officials and well they were sworn in before yeah but we had the election and they ran on opposed so now they're they're twoyear they're two-year terms starts um I would reach out to any of your Commissioners I know that we brought up reappointments and boards and so if you have an interest in staying on the board it may be a good idea to have a conversation with them um if any of them have changed besides that continue so it's just a continuation correct yeah I just know other board members have been reaching out cuz usually when elections occur like that happened we allow it's kind of the starting place for board members to either reappoint or find new board members or you know things of that nature so as a courtesy I'm just let you know if you have an interest in staying unless you've had those conversations it may not be a bad idea to just reach out to your commissioner and and express that um I want to say we have four cases we do have four cases on for next meeting of April 24th okay so I'm assuming I'll just be staying as chair yeah unless you um Well what we'll do is once we get we we should have elected them today but we don't have a full board so as a courtesy once we have a full board we'll elect a a chair now that chair Skipper is gone and we'll elect a vice chair um because like I said March is when we normally would Doo it so that'll be a something on the on the agenda will be the election of the chair and vice chair will that be for next month or the month after April 2 4th um hopefully everyone can show up okay so that we can have a full board and and have a have a good healthy debate or discussion um besides that I don't think I have nothing else but is there any questions or anything the board would like to talk about I had one I forgot what it was so should that be part of the agenda the EXP parte in the beginning to cover that uh I mean instead of us if we don't mention it or sometimes we mention it in the beginning I'll I'll take that one I should have been on well I'm just saying if it's if we have it in the you know like right after the roll call or something like that I don't know if we should put it in the agenda I guess I can talk to staff about that it's more of a procedural thing every time we get to the case Okay um you could cover that you know and we do have two new you know we have a new board member we have another new board member if you guys remember last year maybe October I kind of gave like a little presentation 45 minute Workshop I think it was one of your first meetings and we kind of went through the the procedure if you're open to it these meetings usually go kind of quick maybe we can do something like that like a little refresher course yeah it's always good um just to kind of let you know remind everyone Additionally the clerk's office and I will be putting together the public records and Sunshine Law presentation um shooting for June or July so we'll we'll start sending out some of those dates so that you guys can we usually pick two dates so you can attend um seems like we just did it wasn't that long time flies right yes it does time FES Easter I know um but yeah nothing further there's no other discussion any discussion from the board NOP I'll make a motion we adjourn second yes meeting adjourned okay there it is the best part the best part bam