##VIDEO ID:fXM3CkcxBZM## e e e e e e e e e the August meeting for the board of adjustments if all can please rise for The Pledge Allegiance Pledge aliance to the flag of the United States of America to repblic for it stands one nation under God indivisible with liy we'll start with the approval of the agenda Kristen are there any changes for today yes can go you want me to Sure yes uh chair Chase thank you Matthew McConnell assistant City attorney um we are going to remove the items for discussion 5A I think it's more appropriate at a different time in the future and then we had a request from the applicants attorney Miss Katie Cole for item 4E she has a scheduling conflict um later in the day if we can move that up to 4 a okay just to hear that first um and then we can take the rest in order okay you want me to call roll a motion to approve today's agenda I make a motion to adjust the agenda as suggested second all in favor Wonder we'll move on to audience comments if there's anyone here today that would like to speak on an item that's not currently on the agenda now would be the time otherwise if the item is on the agenda and you'll have your time at that case Okay hearing none we'll move on to yeah before a member Chase or chair Chase uh Jenny do we need to do roll call yes we do member Cy here member core here member Gara here member small here Vice chair Chase here we have a COR thank you Matthew um we'll move on to approval of the minutes everyone haded the minutes from last week's meeting any questions or concerns nope make a motion to approve the me meeting minutes from June 20th second roll call please member core yes member Gara yes member small yes member Cy yes Vice chair Chase yes motion carries okay move on to action items um starting with the original 4E case number 24042 is that e or d e e is an Eric okay and as staff um gets their presentation ready did is there any expart Communications that the board members would like to disclose uh for the new board members these are site visits um essentially anything that any information you accumulated outside of the hearing today um any emails you got and we'll just go in order from my right all the way down no none on this particular on this particular item uh yes as a part of the doncesar property owners Corporation we have discussed this case not specifically but about what's happening at the Smiley's property okay does that help it does I'm none outside of a site visit thank you this is um just for this just for this one correct none none thank you if we could get the PowerPoint pulled up good afternoon Brandon Barry senior planner this is preliminary plat case number 2442 this is one of the less common responsibilities of the board of adjustment is to review preliminary plats for subdivisions the current property address is 3700 Golf Boulevard Eli Payne of baysite engineering LLC for Smiley Snack Shack St Pete Beach Incorporated request preliminary plat approval to replat the subject property to for fee simple Parcels proposed for residential tow houses with remaining land held in common homeowners association ownership so to give a bit of background the subjects lot it contains the vacant Smiley Snack Shack is proposed for fee simple subdivision it would allow for four residential Town Homes to be constructed this land was not previously subdivided it's actually a portion of a block of the Don CeSar original plat uh creation of these Lots does require that it go through the plating process they're currently at the preliminary step from here it will go on to City commission and then it will come back for a final plaid the case is subject to an accompanying request to allow for town homes in the zoning district and alter Green Space calculation standards currently the zoning District only permits for condo and apartment style multif family development there is an accompanying case which will go to the planning board for recommendation next month um and this that change would be contingent on the approval of the final plat for this development here is an overlay of the overlay of the aerial showing the way that the parcels are proposed to be split uh there are like I mentioned before four units that are proposed it contains the unit itself the walls of the unit as well as a portion of the land outside the center two units contain a small back patio area with a pool the ones to the North and South contain a back paary with the pool as well as some land um North and South respectively of the of the parcels and then there will be a common area that's shown in green on the screen that would be maintained in the homeowners association ownership and that would be for all four owners of the parcels to be held in common this request was reviewed by the technical Review Committee that's a staff level meeting on July 17th of this year no substantial comments were shared the applicant meets these standards for the number of residents is allowed on the lot uh the the density of the lot the height for the development is compliant lot coverage and impervious surface are met as I mentioned before the arrangement of the individual Parcels is contingent on the zoning code change which will proceed to commission with this request the request did receive a setback variance as had been before the board in February of this year those that request and that approval is still active staff recommends recommendation of preliminary plat 24042 to the city commission there is one condition the approval of the preliminary plat is contingent upon the final approval and Adoption of the proposed language found in the Land Development code Tech change case 24041 that's the commanding case I just mentioned should the case be denied the approval of this preliminary plat is null and void I know we have the applicant and their attorney present if you have any questions for me I'd be happy to answer them any questions for Brandon question before the applicant can we go ahead and sore everybody in um as well anyone who will be speaking to the board today or making a presentation needs to be sworn in please stand and 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 yes thank you if applicant would like to come forward good after good afternoon Madam chair board members Katie Cole with the law firm of Hill Ward Henderson representing the applicant first thank you for accommodating uh the agenda change for my schedule as I rush to um Tarpon this this afternoon to get to another hearing so thank you I appreciate that as the staff indicated um this project was subject to a board of adjustment approval in February of 20 uh this past year 2024 for certain variances associated with the design of the building generally and the site at the time it was considered um it was thought that this would be a subject to a condominium plat type of ownership to facilitate short-term rentals after the owners were discussing with the Don CeSar Property Owners Association and some of the logistics of the operations they have committed to having fee simple ownership of these town homes and there would be um in limited uh rentals per the code so that was a big change that now facilitated a uh plot as opposed to a condominium form of ownership hence the reason we're here before you today as well as um working with the staff on the text amendment that the planning board and commission will also hear so um we appreciate all of the input of the Property Owners Association and their discussions throughout this time and uh appreciate your support happy to answer any questions Mr Mr Eli Payne who's a uh engineer on the subject is here today and can answer the specifics as to um the plans Kristen we receive any letters for against no we did not is it um fair to assume that the um the feelings of the association are positive with the current plan yes thank you I don't want to speak for them since they're not here but I know Miss did all feel like this would be something that they would be supportive of great the board have any questions for applicant thank you so much thank you is there anyone else here today that would like to speak on behalf or in opposition to this case if so now would be the time no all right caring n we'll close the open discussion and move on to board yeah I I think that they've done a lot of work on this so I think we are pretty excited to see this get developed and not just sit there as an empty building and turning into some hopefully really lovely homeowners with us so it's always positive when the work is done ahead of time um so at this point people have come to an agreement it's gone through technical review um I see no concerns in in moving forward does anybody like to make a motion based on the testimony and everything that has put forth I recommend the board approve case number 2442 a second I just want to make sure though with the condition recommendation that the staff added to to your motion is that then I recommend we approve the case with staff recommendation I still sign in great roll call please member ghaw yes member small yes member Cy yes member core yes Vice chair Chase yes motion carries moving on to action case a the original a number 2440 3112 pass the girl away thank you thank you if I may have the overhead please Vice chair Chase do you want to go through expart sure um is there any take Communications you'd like to disclose for case number 2440 I do okay someone in the neighborhood uh reached out to me on my personal cell phone and asked me to contact them to discuss this I did not do so but okay are you familiar with the site yes very okay anything else yes I was uh reached out to by a couple of neighbors to the from the property I received a text and a phone call um and uh the information is also so in letters so okay I'm familiar with the site I did receive um communication from the property owner but did not respond okay I talked this morning with uh Danielle from the historic preservation board because this had gone before them and I would just seeking her input I spoke by telephone with her this morning uh also I'm very familiar with the the site because I drive by it at least twice a day and sometimes four or six times a day so I'm if it's a site visit I literally go by it every day thank you yeah and for me I just um had a phone conversation with uh Brandon about the details of this okay familiar with the site I am not thank you besides from the diagrams okay Madam chair members uh Christine Coman community development director and we're going to start with variance case number 2440 located at 3112 passr way it's a request for an unnecessary and undo hardship variants Vivian heral on behalf of psup LLC requests installation of a 34 in X 52in frame sign with a sign face of 8 square ft approximately 102 in or 8.5 ft from grade projecting hanging sign under the eve of the existing building along the passive rway Frontage and they're looking for relief from LDC section 2 2619 listing of exhibits the subject property is outlined in red it currently contains a commercial office and Retail use um it is a corner parcel with a single family residence to the South 32nd Avenue and condo complex to the north alley and single family residences to the west and passag way and condos to the east the property is located within the RM residential district within the passag overlay and also RM on the future land use map here is a current survey of the property just to give some prior approvals on background in 2007 the property was included on the local historic registry and designated as a local historic property number 33 City Records contain information that a certificate of appropriateness and FEMA variance amendment was granted for substantial Improvement associated with the concrete landing and stairs addition in 2019 the request again is a sign type that's not permitted um as for LDC section 2 2617 for a projecting hanging sign again not a sign type that is permitted within the RM District within the passal overlay and that is just a closeup of uh the sign itself here's a front elevation showing the proposed sign again tucked up under the eve this was some historic photos that were provided by the applicant also included in your pack package that was uh posted within the agenda um there was a previous sign I believe the new sign is inspired by that um it is a little smaller than the previous sign you can see that it used to project actually over the sidewalk um the applicant again has a smaller sign that is proposed and to be tucked up underneath so looking at this when we were saying it's not a sign type that's permitted I wanted to let you know what is permitted within the armm um residential district so there are some signs that are permitted such as a freestanding a monument sign um and also an attached sign for like a wall sign so those are two again this is just one that is just not permitted in in that RM District but there is signage that is permitted and I wanted to make sure you were aware of what is permitted going on to the site uh noticing was completed as required the legal lad and notices were mailed on 911 signs posted on the property on 918 again because it is a corner par parcel two signs were posted here is a view looking North uh from the north looking South at the intersection of passag gr way and 32nd Avenue here looking West um at elevation along the pass along passor gr way see single family residence to the South and 32nd Avenue and the condo complex to the north here's just another view looking North uh from the sidewalk so you could just kind of see again the the frontage of the property and here is the prop proposed location of the sign there is um I guess you'd say there was a hole that was bore from the previous sign that still EX exists today and then the proposed location under the eve just so you could see the depth that's currently there the V variance criteria and comments these were contained within your staff findings reports these are the criteria you must find support in um in order to Grant the variance just some additional background um the application did go before the technical Review Committee or TRC uh of the variant submittal which was held on July 17th uh there were code enforcement and planning zoning Transportation comments that were discussed with the applicant and it was agreed that any non-compliance signs that are currently on the site including the A-frame signs that you previous saw previously saw and the LED window signage would be removed and that no illumination of the sign is proposed when it went before the P historic preservation board on August 1st um as required by LDC section 2814 it was provided a recommendation of approval with staff recommendations that the sign not to be illuminated and removal of all non-conforming signs so both committees and Boards agreed on that so included in my staff findings report I did want the applicant to provide further testimony as to the hardship faced in terms of installing signs that are in compliance with the sign types permitted under the Land Development code section 26.27 for the RM zoning District in which the property is located staff does find the request is reasonable as the sign is not excessively sized and in character with the sign in place at the time of the structure's placement on the local registry staff also finds the request results from the applicant's attempt to install a sign that meets the maximum square footage permitted while the site layout and architecture of the building do provide challenges in the sign types permitted should the applicant provide information to satisfy the board that substantial and competent evidence has been provided and look favorably on the application for the relief request the board may want to consider the following conditions any installation of signage as part of this proposal or future signage may not be internally illuminated removal of all signs that were installed without permits be removed which include the LED window and A-frame signs and in the event of forecast incit weather which includes excessive high winds the sign is to be removed temporarily as to not cause damage to the surrounding area or building and here would be your options for motions and I'm any questions for me I'm happy to answer the applicant is here as well clarify that sign is a swinging sign then it doesn't have a lower attachment into the building that is correct but it could or we can talk later about that okay so that's why you're saying it has to be removed and then they have non-conforming signs today and they were asked to be removed or they were not as part of this approval that they would be removed any non-compliant signs but they're non-compliant now were they asked to have those removed in advance of this or some a little bit of background history with my predecessor um she allowed for a temporary um installation of the Sandwich Board signs which were limited to two um I can tell you they have been there for some time perhaps the applicant can give some testimony as to why there was such a delay on that it was understood that it would be a temporary thing but there was no definitive time given so it's kind of that gray area we allowed it to continue application came in I will say the application came in in June however it had to go to Historic board TRC so it does take a little bit of that time frame um that you know to take into consideration with any other questions yes uh Kristen yes sir um so just in the interest of the traffic safety comment that I read uh how high can a fix sign B in that area like the problem is the sign itself at the height it's shown in the representative picture it looks like it does bought traffic but or the view of traffic so if you were to raise can it be a higher sign a fixed sign the maximum height wouldn't couldn't exceed eight feet overall okay yeah and then just to clarify um the question about how it's attached it's a fix sign that because I read some things about it being able to be blown in the wind are we talking about a free swinging sign or are there details about how the sign is to be attached since it's a hanging sign it was not provided in the applicant submitt but they are here to provide that kind of testimony okay thanks sure as a followup Christian did the staff have any concerns and in terms of traffic safety and visibility with the proposed not with the proposed sign actually um I would have more because of the corner lot if they did a like a um a monument sign or a freestanding sign on that corner I think that would cause issues um a wall sign just based on the architecture of the building would be kind of hard because it does have that windows that are pretty much on three sides of it um so that would be lower to the ground which they could do um um and I just also looked at historically what was there uh when the building itself was placed on the historic registry they didn't include the sign sometimes they do sometimes they may not but they did not in that case to to just keep it covered is there any guidelines put in place to what would prompt the removal of the sign is it a tropical warning the beach area that would be kind of under your purview as well I just wanted to bring that to light that I mean things could pop up as well so to take that into consideration but that was a a staff concern one more question sure can you elaborate on the rules regarding putting a sign in the window so with window signs usually it cannot exceed 50% of the glass area of the the window area which would be quite substantial um based on the windows that are currently there so in other words the same size sign would take up more than it is if they had similar signage as proposing like eight square feet I do not have the calculations of the total square footage of the window signs that are there today but that would be very minimal if they put that sign say in the window if I minimal you mean at 8 square feet where they have I don't even know how many square footage if we could have the overhead I'll bring back up the picture and it would it would not exceed it would not it would be very tiny uh square footage if you look sorry going back yeah go back yeah I mean that's a lot of square footage of window okay thank you any more questions for Kristen the applicant would like to come forward [Music] hi my name is Vivien Herold I'm representing um the case here today so I'm happy to answer any questions you guys have um do you guys want to ask away and I'll start with your questions first and then I'll if you would like to start with just presenting your case that would be great okay um so obviously a monument signed would cause visibility issues and so we are trying to get away from that we do want something that resembles what was hisory Al on the building we put in a lot of work to restore the building to is it the historic value that's there um so with the sign that we're proposing it doesn't cause any visibility issues in fact I personally got in my car and I can show you the views from the car it's not in the line of sight at all do you want me to if you put them here they'll go on the overhead we can okay so this is me stopped at the stop sign as you can see you won't even be able to see the sign when you're stopped at at the stop sign the sign is in the middle of the building even pulling up past the stop sign the sign is still not in the visibility in fact I have to pull up quite a bit to get the sign would be here and it wouldn't exceed that grass area there so there would be no visibility of the sign in the way of traffic at all so safety concerns are not an issue with the type of sign that we're proposing um like I said with zoning it does allow a monument sign but those are huge the corner that we're on we feel like it would have safety issues um I know there's been a lot of talk of encroachment of commercialization I don't know if anybody's looked into the history of this building it was actually one of the first buildings transplanted here in 1925 when this building was transplanted here there was nothing in between that and the Donar the residential communities including Marina Bay were not even built until 1980 so this building has been here doing Commercial Business for nearly a hundred years if not more so there's I don't feel like encroachment of commercialization is a real thing um and then there is one thing off topic that I want to address I see a lot of the complaints in here aren't even for what we're proposing here which is a sign a lot of the complaints are regarding parking our employees get harassed on a daily basis about parking and in pass girl doesn't matter where we parked I parked two blocks away and I have dents in the front of my car I won't do that again the 30 minute parking we didn't nobody sacrifice parking for us this 30 minute parking this is 2008 Google Maps 30 minute parking 2011 I have 14 15 I I did a wider out of the 2015 so you can see in the Market was there and a closer up of the sign on Google Maps clearly shows that that 30-minute parking has always been there with the business no parking was sacrificed I would like to mention that the person who rallied the president of Marina Bay and his wife actually had three parking spots removed from 32nd Avenue Tech travel has not taken anybody's parking away we do have to park on First Avenue but that's because those parking spots on 302nd were removed we are only permitted to park one vehicle at our property and we do honestly Park other vehicles there all day long we try to stay off of First Avenue we try to stay out of the way we try to pull our trucks further up there are other neighbors that don't mind us being there um that would tell you that we're very friendly but unfortunately the one couple that I really wanted to speak on her behalf she's out of town I'm actually cat sitting for her this week so um we're we're trying to be neighborly there are there were some incidents as one of the letter even states to you some harassment issues that we have going on with the president of Marina Bay and we do have a copy of his letter inciting everybody to Rally against us but those are not the issues here we're not asking if we can have a sign we're allowed to have a sign we're proposing a different kind of sign we feel that this will be more visibly pleasing to the community and it will be safer thank you so much questions you can have what businesses um are you running out of there there are two businesses so it's Tech travel and it's Ava's Emporium Pags LLC owns the building so I don't know if that's causing confusion so Pags up LLC originally there was a partnership in the owner of the building and that's what they put the building under it is now solely owned by just Brandon tackenberg and we just haven't changed the the ownership name of the building but there are only two businesses for two businesses correct and we have btrs for both of those so it is they're legit legal license we've done everything that we need to in regards to that is is Eva here aa's Emporium we're we're one in the same is she here is there is there an Eva it's Brandon's daughter she's like seven the Ava's Emporium is the little boutique store in the front and then Tech travel is in the back yeah but who's who who runs the store we own both businesses I understand there so if I go in I open the door and I go into the Emporium yeah there's a cashier there um it's Connie and she works Monday through Friday from 9: to 5: aren't most of the people that would um want to go there would be for the Emporium not not for Tech travel is that true or not it's for both and in a lot of our clients shop there as well so I'm confused by the question we have it's two different businesses so we have clients hell for both well my I guess what I'm questioning is um you're asking for a variance based on undo hardship I'm trying to understand what the hardship is the hardship is we we don't have the accessibility for signs that normal locations would because of our window coverage so we're permitted one of two type we're permitted a wall sign but there's no wall space there's very minimum wall space around the bottom because of the windows or we're permitted a monument sign a monument sign would be huge it would be on the corner it would cause visibility issues and honestly we just think it's ugly it doesn't go with the character of the building at all but because you're the only you're the first um business after you passed the Donar and then there's not another business until you get to 26th Avenue where you get to Hurley and then there's not really another Commercial Business that's why I was asking about what the Emporium was the next Commercial Business is down on 21st Avenue so it's 11 blocks before you get to another commercial business so I'm guessing the hardship I'm asking about is um it's very very obvious that you are a business no other building looks like that around there nobody knows what we are we get people stop in all the time they have no idea what we are or what we do we just want to identify who we are we want to identify the building you don't think people around here know what tech travel is I think that the people who live around us know I don't think that people coming to visit people that are coming to shop I mean if we were just solely provide um like living on the people live around us then what are all the visitors for so we want to identify ourselves for everybody not just the people who live here so then are you again you're it gets back to the word hardship is it is Eva Emporium the one that's having the hardship it's it's both but I think that AA Emporium suffers the most sorry yes Ava Emporium definitely suffers the most how many square feet is the Emporium I would have to actually I think the blueprints are in here I don't know what the are you asking for the difference between Ava's Emporium and the offices in the back where I don't I don't have unless it says it on here I don't have yeah I don't I don't know off the top of my head I'm I don't know does it get a lot of business I wouldn't say so no is it because the sign doesn't get a lot of business I believe that it is I believe that if we had something identifying what the building was that it would bring more people in for sure so with the sign sorry just a question um we asked about whether or not the construction of the sign has a way to um be mounted at both the top and the bottom to avoid weather being a problem for whether or not that becomes a flying object is that something you could clarify Andor it's definitely something that not in the design could that be constructed that way absolutely we can look into that our the only thing we would have to look into is the structure where we would attach it because of all of those windows there is um there are wooden beams in between the windows we just have to have like right here there's one and the sign's going right there so it aligns perfectly could absolutely look into putting an attachment there so that it wouldn't just be the bar on the top but a bar on the bottom as well that would secure into that and we want the sign to be just as safe as you do which is why we made it removable thanks are there any concerns with the um request to remove all current non-compliant signs No in fact I took that picture today to show that the window Vision has already been removed right as as promised and as far as the sandwich signs there was no definitive time going to given to us either when we discussed it it was a temporary until we got the sign approved initially we were trying to get the original sign approved and that was denied and so then after going back and discussing everything we made we made accommodations to the sign to help get it pushed any further questions if I may just make one clar clarification point on the hardship to to member cores point it's site specific right so when you're looking at variances you're looking at the undue hardship on the site you're not looking at the businesses you're not looking at the people that live there you're not you're looking at the site specific and I think the undue hardship here from staff's point of or from the applicant's point of view and from staff's recommendation is that they're allowed a monument sign but because of the situation of the property is where you get to the undue hardship so I I wanted to make that clarification point for your question thank you no problem right we might have some additional questions but thank you absolutely for your initial testimony yeah yeah let's see I I would applaud you for not doing that Monument sign on the corner I think that's a that would be very bad I actually like the way uh Your Design looks thank you very much really hard on it so to really get to where I feel like it should be it um needs to be secured at the bottom you know something that would withstand the wind and we can definitely make that one of the stipulations for the sign as well we'll make it happen yeah yeah so would that be put into like a a design that could be submitted yeah I'm I drew everything up myself so um I would I don't know I'll try to get it done and then um maybe if there's specifications for how the monument sign has to be secured or this size of the the yeah I can I can have it all written up in dra you can match that somehow it seems like that' be a good solution I would probably want to consult professional for that so that I get the correct terminology and the correct equipment but I can definitely make it happen yeah I would be I think I feel like that I personally think that would be a good way to go I mean other than that you could just put a fix sign in the window window seems like an easy solution to me and maybe it would have your store hours on it because I noticed in the picture that you just showed us you have another um sort of looks like a chalkboard sign that's leaning against the building on the outside that has your welcome in the the hours so would that be um one of the signs that you're going to be eliminating as well as a sandwich boards if they want it removed absolutely yeah I mean I am not an expert on the signage but I know signage is a contested thing all along Gul Boulevard and it's policed and enforced yes absolutely if they if they wouldn't gone we'll absolutely remove it when you say you're going to take down the other signs right now you have a blinking sign that says open you're talking about the one with the hours I removed that this morning as well I'm talking about there's a neon sign I think inside the window that blinks open yeah I so when I I removed that this morning as well so the window vision is gone the open sign is gone so those were taken care of the wind division was moved this weekend um I actually pulled the template off the window I think yesterday um but yeah those were so if if if you were denied to put this other sign up are you going to put the neon signs back if we are denied with putting this sign up I think we're going to appeal for the original sign to go back up and try to fight back for that is what we're going to do it the original Nancy Marco Art Gallery sign with just our new sign over top of it there there are things that we've been looking into And discussing and we we are going to pursue that matter and if we fail with that with appeals then we will go for a monument sign is what we will go for we just don't feel like I understand what you're saying with the window putting a sign in the window we love decorating our windows for the holidays but as far as signage it doesn't give the visibility um so it wouldn't be a sign that we would prefer so if we can't get this sign our next process would be to pursue the original sign and if we fail there then we would apply for an mon Monument sign that is the route we intend to go thank you again for your testimony today absolutely may I ask one question Vice chair of the applicant um I'm assuming you've been able to see the proposed conditions by staff do you have any objection to the three that were included no objections no okay thank you absolutely is there anybody here today that would like to speak on behalf I received an online request from Carol Bello is she present no anyone that's present today would like to speak on behalf or an opposition to this case all right hearing none we'll close and open for board discussion Madam chair if I could I just wanted to put on the record that we did receive a total of 14 um letters of Correspondence 12 in objection and two in support thank you and everybody's had a chance to review those correct um I think the point that Matthew made is um really important in terms of the site review right they can have a sign and in my opinion they're trying to make a safer sign than what they could put up today and so um I think that that is pretty admirable um and the fact that it's gone through technical review and the historic board and they've shown kind of um support from that perspective I think it's important information to take into consideration as well but Al's question Still Remains is like what is the condition under which the sign would be taken down is it yeah a big wind uh is it so that's something that we can definitely discuss I absolutely agree that having the um bottom fixed would certainly help with wind concerns but to the applicant's point they have all of those windows I mean they don't want those windows broken either so I'm sure that they'll be the first to try to take um that's and that's to your point that's why I ask the question something that says tropical storm warning what what at what point do they have to remove the sign well and I will say the proposed condition right now and we can go through it and modify and I can read it for the record is is in the event of a a forecasted inclement weather which includes excessive high winds the sign is to be removed temporarily so as to not cause damage to the surrounding area or building um if alternative approach right would be is there a way to engineer a sign that is resistant to the type of weather patterns that we experience here that would satisfy this in a different way because the reliability of us having weather forecasts that give us a chance to remove signs that feels like it might be just setting us up for a problem so the the only thing I will compare it to and it has nothing to do with this but I mean it's just like when chairs and umbrellas and things on the beaches are I mean part of it is on the property owner as well and if they're violating this condition then it'll come back for before you um we can be more specific I think tropical storm at least from my legal mind is probably they should probably remove it before it gets to a tropical storm I think as we all know we um experience high winds on the on the city just in a summer rain at times um but I'm happy to kind of craft as we go if we need to well let me ask you since we're just discussing this condition what are the complications with actually making the sign that they want be as secure as a fixed sign I wish I was a sign expert but I'm not I have no idea that would be an engineering question to me um I don't know how to make it at this point I don't know how you make anything hurricane proof besides Windows yeah I would just rather go with that than actually have a introduce a legal issue into the whole thing about okay they have to make sure they remove this sign and at some point before some point of wind or else they're going to be legally liable if the sign blows off or breaks somebody's head I will say if I may they do need a sign permit so we can look at should you craft the condition that it either way that if they look into the feasibility of um the creation of the signs so that it can be permanently affixed and see if we can go that route if not then this would apply so they don't have to return back to you we could look at that um but that would give them the time to actually consult a professional in the fabrication that they may be able to uh permanently affix it and that way we wouldn't it would be there to stay just a suggestion let's remember that we have a greater interest vested interest than the applicant want the sign going into their windows and so I mean with that being said like you said it was on a homeowner umbrella's come in I don't want to have to go buy a new umbrella I think that uh we've done everything we should be do any other points for discussion or is there nobody nobody came today from the other side to nope make their case apparently not do we have a motion well there are a lot of they did go to the trouble to send letters and um we have quite a few letters but the fact they didn't take the time to come in yeah well and and I think there's there can be um easily a misunderstanding um as we kind of confirmed here today the the point of the case and the hearing is site specific as opposed to connected to a specific business business or what that site is being used for and that's part of you know our job as a board is to make sure that we're addressing the cases based I don't think this has do with whether they showed up or not I don't think that's a fair this is their so we shouldn't be dismissing anything because it's written and not in person this is a fixed meeting and people can't always show up at 2 o'cl on a middle of a week yeah so I I think we have to look at all of this and consider the site issues are mentioned in some of these concerns about parking um just being a good neighbor I think is something that looks like a challenge for this business um but as far as the sign itself uh we closed the um testimony for now yeah I'm just sounds like there's challenges there but we're looking at this as how do how does a business provide appropriate signage given the dynamics of this area this space in this building yeah I agree and I think that's an important thing to you know share with applicant that you know we want to support small local businesses we also encourage you to be as connected and neighborly with your community as possible so we would encourage you to continue to to work through that yes I com on behalf of the homeowners that are around this building please proceed to them so so if um is one second sir if just one second so if we open the public comment then we're going to have to allow the applicant to respond okay just so everyone understands and then were you sworn in at the beginning uh no I wasn't okay do you swear or affirm that the information or factual representation that you're about to give or present to the board is truthful yes hi thank you and can I just ask one question um why didn't you come up when we called you before I really my hearing is not very good fair enough and I wasn't sure exactly who was going to come up I know there were a lot of letters I know there were a lot of people that uh in the neighborhood that we're talking about some of the problems that are involved with tech travel and their parking situations thank you uh if you can just say your name and then you can my name is James Miller and your address please uh 3107 First Street West okay U Cottages over there um all I know is that Tech travel on the weekends they have typically two sometimes three pickup trucks parked in front of our Cottages um every weekend Saturday morning through Sunday how they manage to get some sort of approval to allow them to do this I'm really not sure um they are definitely commercial vehicles painted up with the tech travel logos a lot of times loaded with garbage in the back of them including mattresses looks like crab traps um all I can say is that I really wouldn't trust anything they say she had a tendency to talk about the the street around the corner with the 30 minute parking uh but how about the neighbors that live over on First Street West who have Tech travel trucks parked in front of their their Cottages all weekend long nobody's there uh nobody moves them they just have a tendency to sit there and um all I can say about the sign is that I appreciate that they should have a sign but I feel that it should meet all hurricane standards because if it comes down to the trucks they will bend the rules and any way they possibly can I don't believe that this sign will ever be taken down if there is a hurricane I hope I'm wrong um but all I know is from what I see for the last year with their trucks in front of my Cottage and it's very very aggravating I have a sticker on my car for a commercial for basically parking in front of my Cottage and I usually cannot because there are commercial vehicles parked out there all weekend long uh I own the warf restaurant also I know that I can get parking stickers for my employees but only allows them to park in metered parking okay I'm still trying to figure out how these commercial Vehicles can end up parking on residential streets I I appreciate your your feedback sir we are here specifically to talk about the sign I realize that our commentary but when you're asking about if anybody from the neighborhood who's written all these letters basically I guess nobody does I know a lot of them work for a living 2 o'clock in the afternoon is kind of a rough one uh I can get away needless to say but uh I just all all I can say is that I just want to make sure that whatever is approved over here is right and they cannot take advantage of a situation like they are with the parking that's all I got to say in this the only reason I'm bringing up the parking over here is because I really don't trust what was said over here okay thank you so much for thank you if the applicant would like to address if you could please restate your name and address for that Vivian Herold um you may address is that what you said 3112 pass the rway same p Florida 33706 I understand that you got a lot of letters opposing but if you look at those letters they're all from the same Community the president Marty leond used his position in the company to blast an email out to every owner there and incited them all to oppose us and if you look at the writing it is almost exactly the same in every letter because he he wrote the letter for them encouraged them to use it and add a little bit to make it their own one of those letters is actually um explaining that to you confirming the harassment that we go through on a daily basis there was threats made outside of our office Marty Leon's wife came in yelling at the cashier in there if you read her letter she even confirms everything that I'm saying and she's a resident there as well and the only reason I even know that he did that and have a copy of his letter is because she forwarded it to us but that's a different situation that we're handling legally in other ways but I just wanted we are good neighbors and if you go door too and you ask people around you'll find that just because one person who has this power to email blast out and I already told you they were upset about the parking and again that has nothing to do with the sign variants we have two trucks that Park on First Avenue they are for our registered they Park after 5:00 and on Saturdays and Sundays there's a whole street there though we do our best to park up front in front of Beth and Beth house because she doesn't mind those parking spaces aren't always available I have five kids to take care of I have to work too I don't know where they want me to park don't park on First Avenue don't park two blocks away it's it's never ending it's never ending they have driveways and they have garages we're not trying to be bad neighbors I'm trying to work and make a living to feed my kids to take care of my business and to do the best I can I go above and beyond for anybody I've met and you can ask anybody about my character that knows me personally I am a good person I am a good neighbor and I don't I just don't the comment that was made was unacceptable do you want this letter is already in the file do you want it to okay thank you thank you so much so okay I think you did a good job Vice chair but just to remind everyone we are um here for the sign um any parking issues we have uh parking compliance we have code enforcement I suggest a different Avenue and venue for those complaints um see click fix Etc so I just want to make sure that we're focused here on what the variance is for which is specifically for the sign thank you s open comment got open up again I'd like take advantage of it Roberts is on 4506 Golf Boulevard dman thank you for addressing that what you just said every business owner deserves a sign I'm a business owner a lot of people are business owners they deserve a sign so I hope that you can see that she is trying she has willingly tried doing what she can and I believe she deserves a sign I hope you guys can support that with the 12 letters that I should that were received it's very true you guys all know associations one person goes there they're the ring leader and everybody submits them so she's a business owner she's trying this is a case and point of so many businesses that come on to STP Beach try to open up a business here have so much red tape on STP Beach let's allow her a sign let's move forward and let's make St Beach a better place thank you all right we'll reclose those public comments and we were at the point of um getting to a motion but is there any further discussion based off the commentary that I think we just have the the third condition the one about the wind as to whether we want to um approve it with it being a fixed sign that meets code uh like hurricane code I think we could keep it as the way it's written um and a desire to get this to be a sign that is her hurricane wind resistant right yeah we could and we're are leaving the liability with the owner uh although obviously the LDC isn't written that way they want a fixed sign for a reason they still have to go through another set of approvals for the actual sign right so Kristen was saying that they they have to go through the permitting process for the sign and so we can make the um letter request the recommendation that as a part of the sign permitting they um prioritize a fixed sign yeah yeah I like that they prior prioritize a fixed sign in the location that they're proposing and only if that's not physically possible then the secondary condition would come into play is that so it'd be this sign but it would be would not sway at all is that what we're saying yes I mean not their proposed sign correct there would be a bottom that would have fix it as well um won't swing at all and therefore if there is um a forecast of a lot of wind it doesn't have to be doesn't have to be taken down exactly if it's meeting certain parameters engineered that we're just suggesting that that's the recommendation so we would say I would be making a motion to approve this sign under the conditions outlined by staff which is any installation of signage as part of this proposal or any future signage may not be internally illuminated removal of all signs that were installed without permits to be removed which include the LED window and A-frame signs and in the event of forecasted inclement weather which includes excessive winds and high winds the sign is to be removed temporarily so it does not cause damage to surrounding area or building and a recommendation to install a fixed sign that has hurricane resistant engineered connections to the building and i' I'd move to make that a uh to make that our U Rec our approve that yeah what as you just said it that she did so she made a motion so you would second it well she didn't make a motion but I did those correct okay I'll see yeah we got that roll call member small yeah yes member Cy yes member core yes member Gara yes Vice chair Chase yes motion carries okay all right moving on to action item B case number 2446 is that you Brandon it is did you pick up okay so this is case number 2446 for 6390 second B point this is a practical difficulty variance Amy Rebecca and Nicholas lafler request to construct an inground swimming pool of approximately 21 by 17 ft with a 9x6 ft spa and 20x 9t sunshell Sun shelf that is elevated less than 2 feet above grade and is proposed to be installed five feet from the Southeastern side property line where seven feet is required this is specifically a variance from Land Development code section 6.13 C1 C1 here is a listing of exhibits an areial of the property it is located at the southwest corner of 64th Avenue and second Palm Point the zoning of the property is ru1 which is a single family zoning District here's the survey of the property the home was built in the 1960s it is however ever generally complying with the city's current zoning setbacks because the property has two frontages the narrower of the two frontages is considered the front yard the other one is considered the secondary front opposite the front yard is the rear yard opposite the secondary front is the side yard so the applicant is looking for a variance on the Southeastern side that's the yard opposite 64th Avenue and that is where the side setback is required to be 7 feet for pools as is shown here so on the left is to the west of the property that is the rear yard where 5 feet is required as a setback and 5 feet is demonstrated on the Southeastern side that is the sidey yard a 7 foot side setback is typically required under the standard side setback standards that applies to the home as well as the pool the applicant is proposing 5 ft so they're asking for a twoot variance on that side I did also want to mention we have noticed for this hearing for this request we did not receive any letters for or against and this gives the request in more detail again it's a twoot variance to the sidey setback for a pool that's elevated no more than 2 feet above grade this will be an inground at grade pool here are some photographs of the site this is showing the sign posting in the front yard uh the other sign posting looking to the West this is is the backyard of the property the property is somewhat unique there are a few others in in the city that are like this where there's a layer of rock gravel across the site um previously it spaned the entire site the applicant has made some improvements I'll go back to the previous slide showing the turf in the front yard I don't want to say that I'm not 100% sure that the entire yard has a layer or had a layer of asphalt underneath but at least in the front yard uh there was a layer of asphalt underneath the yard last year the applicant took up that asphalt and they put the turf down the surface um sorry the subsurface is still somewhat impervious however the the asphalt has been removed um that is the area beneath the turf in the front yard as far as I'm aware the backyard is still impermeable it does still have that asphalt underneath but the applicant can speak to that to verify and this is just showing A View to the South this is the area where the pool would be proposed and that's the set back the fence line from which the uh pool would be set back uh it the twoot encroachment is requested looking straight on staff responded to the four variance criteria in your staff report staff does find that the request will not have an adverse impact on the neighborhood but does seek additional testimony from the applicant regarding the need for the two-foot encroachment of the pool relative to any difficulty that may be imposed by a smaller sunsh Sun shelf or Spa it appears from staff calculations that the pool with spa and Sun shelf shall be will be larger in terms of total square footage than others in the immediate vicinity although staff does recognize that the lot is more constrained than many others due to the building placement and the two frontages most of that constraint however is in the front yard there is a greater limitation in the front yard this would be in the backyard of the property staff recommends that the applicant provide additional testimony to the difficulty faced in meeting the standard 7 foot side setback again that's on the south side if the applicant does provide adequate testimony to the finding of board of adjustment staff recommends approval with the following four conditions that the applicant fully irrigate any vegetative area the lot required by this approval ground covers or sods chosen for vegetative areas the lot shall be selected to be Florida friendly the applicant shall fully remove the asphalt beneath any area of the lot to be vegetated which shall be documented through photos provided as part of the pool permit zoning inspection record and the applicant shall utilize an infiltration trench per favers or another technique to capture deck runoff between the pool deck and property line of both the budding neighbors I did want to say that the applicant has shown this in their submitt that they would be vegetating the lot the lot is not currently compliant with either the impervious surface ratio standard there's also very little vegetation they have shown that they will plant if they are approved for this variant which staff does look at as a overall Improvement to the lot certainly with with the current asphalt underlayment however we do just want to make make sure that they provide testimony for support of the variance set back so you have multiple motion options if you find that the applicant is provide adequate testimony we do recommend to approve the variance case 2446 staff has recommended four conditions you can of course modify remove or add to those conditions if you see fit um you also have the option to deny the variance case or if you feel that there could be adequate testimony provided in the future you're welcome to motion to approve or sorry to continue the case to a future board of adjustment date pending submitt of additional requested information that's all I have I know that the applicants are present do you have any questions for me yeah Brandon um would all of these conditions need to be met once they submitted for a permit for this pool anyways because it's a 10% Improvement on the appraised value or how does that part work in terms of Land Development code and just having to meet certain building requirements for a pool permit Etc could you touch on that or are these something unique that we're asking for here that wouldn't otherwise be requested sure so the applicant based on the pool size it calculated to be about 88.5% and it's based on a 10% addition to the lot so they would be required to make the lot compliant with the impervious surface ratio standard of 30% I believe they're currently at about 20% with the improvements they made in the front yard however they would not need to make the overall Green Space standard that would bring them into compliance as if they were to have developed the lot today uh these variances would go beyond that in that regard to to require the full Green Space compliance sitewide so they would actually have more permeable surface because of the turf in the front yard they would need an additional 24% sitewide in vegetative area okay did that answer your question yeah so I'm thinking I mean I'm just looking at them so it's just irrigating vegetative service that's already going to have to happen it's the amount of ground covered area that would change it would really the one thing correct okay okay I think that's important to note too as they'll there's other means for those things to happen as well correct correct any other questions for Brandon thanks Brandon thank you um Vice chary before we move on to the applicant can we go through expart disclosures thank you none I'm just I just drove by okay drove by this way I none none uh I will clarify the record in this case um when I said that I had uh declared talking to Brandon previously on the last one we did I was just confused I talked to Brandon about this one okay not the other one okay thank you thank you the record has been clarified thank you is applicant here would you like to if you can state your name and address and share your testimony that would be great were you both sworn in yes uh if you're going to speak you're not going to just support that's fine uh my name's Nicholas lafler it's my wife Amy um our address is 6390 second Palm Point St Pete Beach 33706 um we moved into our dream home about a year ago uh it was a house that hasn't been touched probably since it was built um the lady that lived there before you could see where she shuffled her feet you could see the teraza floor through it and then the green shag carpet you know so um we've put a lot of effort into bringing it up to what it looks like now uh like Brandon said the turf in the front yard was um kind of a learning experience on the whole grp space code stuff that I had no previous experience with before um so and working closely with Brandon he explained to us about the ISR and the Green Space code which we want to come into compliance with um the swimming pool uh project was the last of it obviously because of money issues but um now that we're at a point where we think we can do the swimming pool one of the um previous projects that have nothing nothing to do with this is the inspiration for the design of that swimming pool um um because of our restraints in the back we've kind of adjusted a couple of the layouts with the spa on the sunshelf off of the actual inspiration photo that I have of the project I worked on um and that was to meet the setbacks on each side um the 5 foot one is what I was told originally when I called up here to find out about it um so I kind of ran with that idea and that design at five and five and then come to find out that it it was going to be pushed down to seven um the engineer or architect on it did make a couple changes we we lost um already one of the sides of the spa so now the spa being a rectangle in shape it's only going to have seats on three of the four sides the other side that we lost that seat on now looks over into the sunshelf um the space between the stairs and that edge is is a little over 4 foot um the idea of our sunshelf was to be two loungers on it and at you know only two foot wide on on a on a lounger you're pretty constricted you know so um if we lost if we didn't get a proof for that two foot you know we'd have to do some other configuration that probably wouldn't allow that sunshelf to have the two full chairs up there and that's why we're applying for the variants so you would reconfigure the pool if you didn't can if you excuse me if you made the pool smaller could you still have the features that you want just it would not be as big a pool correct it just wouldn't have what we were after yeah that the sunshelf could still be there you just wouldn't fit two Sun louers um the spa could still be there you just we we don't have the fullsize spa so really and and where the setback is now um we're okay with that if we had the smaller Spa um you know at the Ft the smaller spa and then the sunshelf you know so you've already made some adjustments to accommodate but it just can't quite fit within the correct correct yeah and the whole the Green Space thing um was something we learned you know with the vegetation around the outside and then we planned on doing the pavers anyways so all that would work out fine and obviously no one's going to stand out there with a every day to water plant so there was going to be irrigation have you had any discussions with your neighbors about the construction process and how did those conversations they've all said that they agree with it the neighbor that's to our rear um they've actually I went inside their house before talked to him about it they're like oh yeah it's right here yeah no problem and then Larry and Amanda Hyde who are on the next door I we've became great friends and I helped them out with a lot of stuff and there and no objection to it at all either so with the big giant uh rain that we got it was day before yesterday I'm kind of curious where the runoff went with all of the impervious in the backyard as it stands right now it's that just Mo most of the the standing water that we've seen there has been right outside our lenai door to the right kind of where that uh storage shed is so in the pool area itself doesn't pull up you know there's asphalt there it would hold all the water it has to go somewhere you know yeah where where does that go I don't know I don't know so it just stays there or does it run off into the neighbor's yards I guess or that I'm not sure of you know the pool will fill up eventually if we have a tremendous rain like we've had the pool will fill up and overflow MH so the I guess what you're asking is where is it going to overflow too and I we don't know do we I don't know well part of the project would be to remove would be to put vegetation to help support yeah that that would you know there's a whole permitting process so zoning and all of that yeah I'm familiar with having done this myself so I'll just say yeah you're on a beginning of a journey right yeah yeah absolutely does anybody else have any questions for do you have other open permits or any other variants I do not so I've gone through every uh process for the building permits for the turf the outside with Brandon and Luke at the building department and we've finaled all those out so the hardship is really just getting a a little bit bigger pool it is to be able to fit the two spaces on that sunshine thank you thank you is there anybody here wanting to speak on behalf or an opposition to this case Roberts is on 4506 call Boulevard sounds like they've already made a lot of adjustments to make this pool a lot better they've talked to their neighbors they have no issues with it if we approve this it's going to raise our property values which brings more tax revenue to St P Beach it's a win let's approve it let's keep going thank you anyone else right hearing none we'll close the public comment and open for board discussion okay well we also have zoning re I actually would I my one worry about this is that we have Zoning for a reason and we have had what I call variance creep is that people say well yeah I know that's the rule but we want to make an exception to the rule and if you keep doing that over and over and over again what's the point of having zoning and I they're very nice people and it's nothing about this pool in particular it's just the idea of constantly saying yeah I know that's the rule but we're going to say never mind yeah I mean that's my that's my only concern I think this is a tricky one because they can have a pool it can't be necessarily as big as they maybe would like um but it's still very feasible and a very usable you know pool so I'm with you in that I to challenge really seeing the true hardship in this situation other comments or feedback well I I just the you know being a resident for so long and and having a yard that was once justall asphalt um and doing things that we do to make it a better Green Space uh if the drainage is proper I understand pools will fill up where it go maybe that's the solution is it just size people just want to make their houses homes do they need to pool that big is that being greedy I don't know it's it's something that we need to look at as far as I think if they could find a solution to having proper drainage um that' be on them but other than that um I you I I sympathize in that it sounds like initially he was told there was a five foot set back and and then he has has to change his design so he's made improvements and and made improvements to the area um there are codes for a reason there's no doubt about it there's codes for a reason the the pool hasn't been put in yet so I think he he could downsize to make it proper so it fits into the codes and and everyone's happy but the the the imperious that that that gets me because the this whole island that I live on is was nothing but asphalt and people have done so much to improve their their places of residence to change them from houses to homes and this gentleman here is doing a good job at that but absolutely to your point I'm I'm just I guess I'm just moving on because I see this and I just want people people to make our community a better place to live our home values are going up everything is good do you need to pool that big I mean let's that's that's my question to you can it be done you're asking a question do would you like the applicant to return to the podium yes can you please return to the podium sir what exactly is the hardship that if you don't adhere to the codes the hardship would be the size overall and the function and design of the pool okay yeah but you have another design is that correct I do I have another design yes that adheres to the codes yes okay yeah all right thank you thank you so much any additional discussion would you like to make a motion discussion I think that um I think that they should have to adhere to the code on this one generally would you like to make a motion for that I motion well actually no not yet not yet not yet I want to hear some other testimonies of yours what do you think on this one I would agree you agree so I think I think we make a motion to deny the variance so it would I will if if we could before you make before you make the motion Brandon's like option list I'm trying well he just said motion to deny because remember you all are here to say these are the criteria this is the evidence so your denial motion needs to State the reason there isn't a hardship it's a smaller pool so you don't believe it it's met the criteria pardon me you don't believe it's met the undo hardship criteria right okay or practical difficulty criteria my apologies I I think what was just said which is we should adhere to the zoning requirements is where what I'm looking at it's not prohibitive for a pool a spa a sunshelf it's just at a reduced size okay yeah I I agree with that we have a motion in a second I don't believe that was a motion no that was not I think that was just us talking we're still in discussion okay discuss okay so we want them to we want them to adhere to the to the codes correct I think we all share the sentiment that we really appreciate what he's done to improve the property that we love for him to have a pool that we want the Landscaping to be better um and unfortunately like this can be done and he can still enjoy that um and to be fair if you look at the overhead view the house next door is very very close as well to they're very close to to each other yeah having a spa right back in the so you've got the roof runoffs as well all going on with that elevated noise with Spa Jets I don't know I I think it's great to have these zoning requirements Force us to look at every case but in this instance it doesn't look like a hardship as much as it unfortunately maybe downsizes a little bit but still looks like it's going to be a awesome backyard at the end of the day can you can pull it off okay so so we're going to have a motion to deny is what it sounds yeah I'm not sure how we word that done other than that but have I think you did a phenomenal job actually um you would just like I said it needs to be motion to deny because I don't believe the evidence demonstrated meets the criteria for a practical difficulty variance second second I'm just kidding I'm just kidding I'll make the motion to deny because I don't think the evidence um dictates a hardship or practical difficulty yes and I second thank you we have a motion in a second can we have a roll call please member Cy um so I vote Yes to deny it okay member cor I vote Yes member Gara yes member small yes Vice chair Chase yes motion carries thank you thank you all right moving on to 4 c number 2447 if I may have the overhead please before we get started xte yay M none drive by that's all I've not heard the money just a drive by xte communication for this case uh I don't have any okay perfect thank you okay none moving on to variance case 24047 located at 402 39th Avenue the request for practical difficulty variants um Sam Angeles asbs LLC on behalf of spbn LLC requests additional relief for the rear yard setback of the recently constructed two-car detached garage with Dimensions 22 ft x 24 ft which does not meet the previously approved 15t rear yard setback from Board of adjustment case number 22018 now measuring a 14.5 ft existing after construction and looking for relief from uh Land Development code section 6.13 A2 listing of exhibits the the um property is highlighted in green it is a corner parcel at the intersection of 39th Avenue and Clear View Way and it is surrounded by single family dwellings to the north south east and west the property is located in the ru1 zone Ru on the future land use map and the applicant is requesting again additional relief it may look familiar to you um as it has for some of our members um was uh before the board um in 2022 and 23 um so again they are looking for relief from the previously approved rear yard setback of 15 ft with 14 1/2 ft with that prior approval they were also approved for a secondary front yard setback where 20 foot is required 10 foot was approved and then 10t was constructed so they met the setbacks out of one of the two that was approved by this board just some more information on the prior approvals uh variance case number 22018 um in 2022 the property received variance approval with conditions from the board of adjustment to construct the detached garage which encroached 7 feet and 10 ft respectively into the required 20ft front yard secondary setback and encroachment of 5 ft into the required 20 foot rear yard setback they came back before us in 2023 the property received variance approval with conditions to construct the detached garage with a 2020 20t X 20t covered front portch or covered rear porch with a proposed height of 15 ft which exceeded the 12T maximum height per minute um in connection with the building permit 220 2274 submission of the required ASB built survey indicated the rear yard setback of 15 foot was not met with 14.5 ft provided here is the survey uh the asilt survey that was submitted with regards to that um at the top of that rectangle and you'll see the 14 and A2 ft where 15t was approved what date was not approved uh that in 2022 I want to say it came in in December of 2022 for the setback for the variance for the setback we're 15 foot and then the asilt survey was submitted as a requirement that's where we verify that they built what you said that they could um but it is dat June 15 2024 the survey okay so that's how this was uncovered was a survey done a year later or after construction after construction so that's how we verify staff can verify that you approved the setbacks we want to verify that it was constructed to your approval and it was not so that's back before you today so when the Footers would have been poured there would have been a footer inspection that wouldn't have verified that the setbacks are correct not necessarily if they didn't provide a a survey or a plan that showed the setbacks so we don't have a record of what was provided originally for the construction I thought that's what this was as far as the construction wise I can tell you that the board approved uh the 10 foot on the secondary front along Clear View 15 ft from that rear which would be the north side um and then as inspections went along and that's what they showed and proposed and we would have the applicant provide that testimony to you as far as why it wasn't constructed the way it was originally proposed all right m here's just a comparison was getting to that one here's where the previously in 2022 15t was um provided and 14.5 ft was constructed and you'll also note that the covered front the covered porch was not uh constructed they did strike that from the plan as well but that had no um really connection with any setbacks they just decided to to remove that is this the unique angled property here Kristen with the 152 on the back side of the garage so is it really just one it it the garage that's not if I go back to the survey you can kind of see it's how they angled the garage it's not necessarily it when you look at the property line from north to south along Clear View it's pretty straight it's just a think it's how they decided to kind of angle it um and again then they did request that setback variance from Clear View where 20 foot is required and they came in with 10 so that could be also why it could be a little off kilter just kind of spitballing that out there too no just in the the next slide um struck me that part of the the 2024 on I don't know if that's the east side of the garage has the does meet the setback is that correct like depending on where you're measuring from yes so so the rear of the garage where it's 15.2 it does meet that that is correct so if it was 15 and say 15.4 or however it was constructed they the 15 was what was approved so if you take that imaginary line and dash it that would have been that approved setback okay okay going on to the property noticing was completed as required the legal added notices were made nailed on 911 and signs posted 918 again a corner property gets two signs here is the front of the dwelling and here is from Clear View Way facing the constructed garage this is the neighbor directly to the East and neighbor to the north you can see part of the driveway um that's brand new that provides access to the garage just another angle looking from the street and you can see the uh the setback there um they did get permits to do an inground pool patio and of course fencing as you see here's just another view from the inside with the newly constructed pool looking towards clear view from the patio and just a little before and after so prior to the approval um they did stake out where the garage proposed garage was going to be and then of course post Construction definitely some upgrades along the way on that one uh variance criteria and comments this was included in the staff findings report uh the applicant should be prepared to provide their own testimony um to discuss any issues that surface during or during or post construction that resulted in the detach garage not to be built as per the prior approval staff does find the request is reasonable given the existing conditions of the lot and will not have adverse impact on the neighborhood um staff does recommend approval as proposed we did not receive any letters for or against with regards to this application okay any questions for Kristen is the applicant here were you sworn in sir I'll do it again okay no I just didn't see you stand up when did it the first time do you swear or affirm that the information or factual representation that you are about to give or present to the board is truthful I do thank you Sam Angelus 3990 bis to Drive St Pete Beach so the property is a trapezoid not a radical trapezoid but a little one so we made our measurements we squared it off the building that's why everything is squared not to have the garage teetered off the the so they would line up together when I pulled the numbers it all looked good I had a previous surveyor that we used hor David Horner he retired we got another survey to come and do it their numbers are a little different I still missed I missed I missed by on David's I missed by two inches on the other surveyor Compass surveying I missed by six inches that's just on one corner on everything else everything is where it should be there's approximately 3 and 1 12 square ft of that building that are that encroaches into the setback everything else is where it should be I tried hard with the math usually I get it right but this time I missed I didn't try to get that extra three and 1 half ft of coverage by no means it was as Clos as we could get it into the into that spot that's it if if anyone has any questions I'm happy to answer them I'm happy to go take some more math courses if I need to but I I do have a question so is there a thing called a tie-in survey some places have tie-in S uh request for permits usually that's on bigger buildings is it a is that in our city not no it's not it's not a thing in St Pete Beach I haven't run across it yeah I haven't heard of it either ired for larger buildings I just do small buildings I'm not a a big Builder I'm a small Builder more of a remodeler so we we we haven't run across that could we bring back the um the list of all the variances that have been granted to this sure yeah I may have the overhead pleases it's we're getting there I promise we'll get there eventually there we go no there's one before that I think this is the rec yeah so this again when I get excuse me I get to this variance creep so it's required 20 and it got 10 and it's required 20 in the back and it got 15 so you're asking for a variance to the variance is that correct asking for forgiveness for making a mistake yeah that's what I'm asking for how many years have you been in the business since I'm 12 right have you ever made a mistake before of course is that common no most no I mean for Builders to very common it's very common that when you lay a building out that it doesn't hit on the mark exactly I mean worries me is that it's 20 became 10 20 became 15 and then 15 becomes 14 a half the problem with it is for me is that the remedy is onerous which means you'd have is that am I correct that the only way you could fix this is tear the whole garage down not all of it but a good portion of it have to re-engineer a lot of stuff take a lot of stuff apart yes I think for for background context some of the historical variance approvals this lot is has is a corner It's oddly shaped and that's why a lot of these setbacks are are given whose expense would it be if you if they have to if you have to rec redo the uh garage well it would be mine can you do you have any idea what that would cost I'd say at least $122,000 questions coms I don't have any don't there is one question to to your point where the city inspectors as the process is going along she could not have been more aware that this mistake could have come about do you have any context on that Kristen in terms of the timeline of various inspections final Co on this no the final so the final Co was not done because of the prior variance approval required the asilt survey so you would have to get zoning and building to both be in harmony to say yeah it's good so when we received the survey that it was not in compliance they cannot fin all that out the only other thing I'd say is I appreciate you do a ton of work on the beach and you know we do not see you up here asking for mistake variances on a regular basis so and in response to does this happen a lot like yeah I agree thank you thanks is there anyone else here today that would like to speak on behalf of this applicant William Brown 401 Bella Point Drive my house is on lot 28 we enjoy that garage it's given us a great deal of privacy and we don't really care if it's 6 in closer thank you thank you sir questions no no not at all we appreciate your involvement what is happening back there Robert 4506 call Boulevard we're talking about 6 in if this was a rectangle property or Square property to be easy to measure this is a odd-sized lot 6 in is I would say a tolerable space is it should it be no it shouldn't be but I think it's something that we can make an exception to swich is an excellent contractor I've used him he is a perfectionist so this was definitely not done on purpose directly across the street from the Bon a is the Bay View Plaza he did that entire property in 2016 so if you look next to GG across from the vire that entire roof line that entire project was done by him in 2016 and I can vouch for his character I can vouch for his attention to detail so this being I think an oddball I'm not sure how many times you've seen him here on this but I don't think you've seen him here because he is a great contractor so I think this should be one that just it's six inches thank you please I appreciate the enthusiasm but we can keep order that would be great anyone else all right we'll close public comment and open for board discussion discussion any addition when they originally did it and mistakes happen so there's anyone else under discussion hearing none well I'm just curious why it had so many variances to begin with I think it all had to do with the um we figuration of the lot size and the setbacks that um because there's like two front yards basically so the side setback is way more so than it would normally be if it was a you know Square lot um and be careful when you buy a lot it's a not a weird lot I can speak on the height as well it may have not been taken into consideration when they originally came in uh for the setbacks um if you note there we have uh in our ordinances where the only accessory structure that we measure from the crown on the road is a detached garage everything else is at grade so you could probably see from the roadway it the driveway the new driveway does go up so again we're measuring from crown on the road to the top of the garage um so again when that permit came in and we looked at it and we had those elevations that's what triggered the height variance as well it may not have been requested I don't know at that time when the application came in um but just to kind of bring some context to the second variants that was for the height and just to give some background on that one that helpful we're all done in that case I would like to propose that we go forth with case 24047 as proposed I make that motion we have a motion do we have a second I'll second that was that was pretty good your first one was was a little better um based on the Bas the information I propose a motion I make a motion we we approve case 24047 thank you we have a motion in a second can we have a roll call please member core reluctantly I'll say yes member Gara yes member small yes member quazi yes Vice chair Chase yes motion carries all right last but not least case number 2448 Brandon thank you Brandon X parte Dr by drove by drive by just drive by thank you member core member Calli I have nothing so this is Varian case number 2448 the property address is UN addressed a Golf Boulevard but it is the GF Beach water booth booster station the request is an unnecessary and undue hardship variance applied for by Christopher bagot of Wright Pierce for pelis County Utilities to construct a new building in the community redevelopment District without providing either of the two required energy and environmental design standards this is a variance to Land Development code section 39.9 we did receive one letter of opposition I did pass it out prior to the meeting here's a listing of exhibits an aerial map of the property it's located at the northeast corner of 45th Avenue in Gul Boulevard the zoning is Activity Center it also has a feature land use of activity center this is generally a commercial retail office um in some cases temporary lodging and residential district mixed use um however government facilities and critical facilities like like the water booster station are also permitted in this zoning so to go into detail on the request this is actually the fifth variance um it was all pre the previous variances were all applied for under one application but this is the fifth request that the applicant is making on this project the prior for had applied to the site plan they had come forward to the board of adjustment earlier this year and they had been approved uh that site plan has been issued the applicant has moved on to the building permit stage they have not yet made application but it it's forthcoming so land vment code section 39.9 applies only to new developments in the community redevelopment District this property is in the community redevelopment district and any new development needs to obtain certification at least two of eight listed standards in this section I did truncate these standards because there are only two that actually could be applied to this development the majority apply to residential mixed use commercial and temporary lodging projects which this is is none of those uh the two options available are certification by the Florida Green Building Coalition and certification by the US Green Building Council lead for new construction these would be the two that would apply to the development if if required here's a rendering of the development from GF Boulevard now I did want to say that this project doesn't have a that this request rather doesn't really have a site plan nothing regarding these size or the design of the building is going to change if these standards are not if the if this variance is approved I did just want to provide a rendering this is what the building will look like here are some photographs of the site showing the public hearing signs uh showing the front of the structure as well from Gulf Boulevard the water tank in the back the blue and white building um that will not be modified the building that was shown in the rendering will be in the front of that so it will be partially obscured from Gulf boulard the penel County utility building with the breeze blocks and the um the brick work at the front that will be completely removed and replaced with the building you saw on the rendering and some of these uh The Oaks will be removed as well and here's another view of the site looking to the north from 46 sta went into detail on the variance criteria in your staff report um I'd be happy to answer questions about any of these staff finds that the request is reasonable and that the applicant has adequately addressed the criteria as they pertain to the subject development the limited scope of Redevelopment particularly the fact that the water tank is being is remaining in the center of the property um that does exclude several of the criteria that would need to be followed for a new building to meet or sorry for a new development to meet the Green Building standards there is a heightened need for facility reliability there are some energy and environmental design standards that the applicant can speak in more detail to they did provide in their application that would not necessarily need to be met with a critical facility like this uh there's a lack of public access to the building or any kind of consistent staff use that would benefit from the quality of life oriented lead credits there are credits and lead certification for new structures that are granted based on improvements um to the operations of the building that wouldn't necessarily be met because these this is not a building that's open or operated on on a consistent basis with staff present um the applicant is still including some of the city's priorities such as expanded sidewalk but and scale lighting these all contribute toward the recommendation it may be viable to completely redevelop the site and Achieve at least one of the Green Building criteria staff has identified as relevant to the subject property it is likely to commit significant public expense and potentially just potential disruption to critical facilities staff recommends approval is presented uh we are not recommending any conditions for this request I'd be happy to answer questions the engineer for the project is present if you have questions for them as well thank you Brandon any questions from Brandon thank you applicant please come forward we could state your name address for the record I am Chris bagot with right pierce your address uh my address uh well Tampa Florida 2502 uh Victoria Circle Tampa Florida great right thank you were you sworn in sir yes thank you if you could give us your perspective on the project and oh yes um well this project um penel county has undertaken this project to upgrade agent infrastructure this building the building's been there since 1968 um so it's really to upgrade the existing infrastructure but also to improve uh pump and power reliability we are going to put in another standby pump a generator system there's not currently a generator but to comply with the uh hurricane and flood uh requirements uh according to code we actually have to elevate uh some of the equipment above the uh flood plane um and the county is um exceeding the design standard for doing that where they're actually elevating to a 500-year flood elevation that they've determined which is above themas and um and it includes a sea level rise so actually the elevation our design flood elevation is 18.8 ft which is significant one of the issues um regarding the lead certification and those types of things those work great for like um occupied facilities uh with um that you can have nice uh open areas so you can see daylight due to the stringent requirements of this facility we can't have any Windows below the design flood elevation so as you saw the rendering there's no windows there also there's um other requirements that um are just in place that really makes it um because this is an unoccupied facility that there's operators there periodically that really the lead certification um process doesn't recognize um certain aspects of this facility that um the achievable points uh for uh certification is uh very low consequently it's not possible to achieve uh uh Green Building certification for this facility or lead certification certainly a very unique um project for the city it's a very unique uh uh uh project and certainly uh you know the Green Building certification the lead certification process makes a lot of sense but for a an essential facility that has to be designed to withstand a significant flood load and be ready for service after a significant hurricane or flood hit the area uh we just can't meet the leite certification criteria Brandon alluded to a couple of things that you were exceeding you mentioned the flood are there any other aspects of the project that you guys feel you're going above and beyond that kind of offset the fact uh yeah we're uh definitely exceeding the um uh the flood design criteria also that the building itself as far as the pumping system it's very energy efficient that's something that the county has um been very cognizant of and it really is maintaining uh service reliability beyond what you currently have so that um currently there's no generator there uh this will actually are providing a generator so the county has elected to do that um not because they have to but they just feel like it's the right thing to do um and also with the uh ventilation system it is an energy efficient ventilation system on the uh top of the ground of the uh pump building we do uh comply with the heat reduction uh uh requirements uh for lead so it's energy star uh uh uh compliant uh and so we think that at least in the uh application we've put a significant amount of effort in there to show how we are attempting to comply with all of the requirements great thank you as best we can what's the timeline for constructing the new building um we're looking at going to bid around mid of next year and um and then a contractor will be on board and it'll be between a two and a half and three year project I was just looking at the recommendation from staff saying M should it look favorably the variance granted here under shall expire one year from the date of the development order providing such variant I'm just trying to understand what that date is so we that's standard language in all of our the right date of one year that's standard language in all of our variances okay so if you get a variance and you don't act on it you lose it after a year Okay so not starting so would the bidding need to start at that time or would the actual construction need to start if I'm not mistaken it's usually a building permit being issued I'm just wondering if this should be continued at a different date but expire approval yeah it it I I suspect by the time that you would get the contractor on board and then they do the building permit it'll it'll be closed yeah Kristen do you have any well real quick do you have a do you have a lawyer involved in any of this uh on the county side they do have their they have the County attorneys no not currently um do you know who's working in the county attorney's office no the only reason I asked is because I don't want to give you legal advice but there is a way to extend permits pursuant to statute and I'll probably leave it at that okay I've got a question for you um is I I heard Brandon mention something about removing the trees is there any chance that you could leave the trees that are there I see those nice trees right along the we absolutely would love to um one of the issues that we have is it's a very small site it's only 7 Acres um in order to comply with all of the storm water requirements for three different agencies we have to provide a lot more Pond there there's aund uh there's a 2 million gallon ground storage tank in the middle of the 7 acre lot that is just a significant amount of impervious area um there's a lot of localized flooding in the area I've seen like uh photos uh after storms and uh and so one of the things that we're working towards or we've coordinated on is when we've done like our pre versus our post we're actually doing the precondition for storm water is as though there was nothing there and so we're essentially on our post configuration with all the improvements is trying to make sure that we don't exceed the uh predevelopment runal and so that's a significant uh uh request and so we've met that but in order to meet it we basically need ponds to do so so essentially with the uh 2 million gallon tank in the middle of the 7 Acre Site and the building and some of the roadway uh what's left is basically Pond area and so essentially uh we've gone through this we've done our absolute best to retain as much as we can but most of the trees unfortunately yeah will not and for context um with the historical variances that were approved for the site plan component there was a lot of discussion there around trees types of trees where we could add new trees more on the perimeter to um offset the fact that some of the current trees that were there oh good all right does it does it help you move this along if we approve this today I I think it would going back to Matthew's point about the fact that you have onee deadline so I don't know if we're doing you a favor today or not that's I think you are um so the the the to go to Green Building certification or lead certification for a project like this it's a significant additional effort oh I understand and um and so that re a certain amount of uncertainty uh that one is we can go through all the effort but the end of the day we don't think that we're going to achieve it um so I think our we would prefer to uh proceed with the variance request and I don't know if it's possible but uh maybe to get an extension if that's if that's possible or however that's done legally I I don't know okay we can't condition that here um but remember it's just getting a permit it's not finishing the work yep y so just want to make that distinction U but no you cannot extend the permit because it's honestly I can't imagine any board saying no to this anyway matter what I mean this is something we have to have seems to me I mean this is this is this this is the easiest one that's come up today this is the primary supply of drinking water to S yeah no no I I understand the reality is is if it do expire they'll come right back before you and say hey it expired you granted this last year right please Grant it again thank you so much thank you is there anyone here that would like to speak on behalf for an opposition of this applicant it's going to be a habit close seat Robert is on 4506 Golf Boulevard neighbor directly across the street and the neighbor directly to the north I am favor for the project uh as mentioned it does need to get done just something I wanted to kind of just bring up as well because you know I'm a product of the yeses I'm a I grew up for the Marriott I grew up at the Ritz Carlton training and everything with the hotel industry and what I do is yes yes yes and it hurts me so much when we give a know out like for the people that had for the pool so the commentary here should be specifically related to this case so yeah I uh I I approve it let's go forward with it there there is open comment so at a pre at a former meeting if you have that's true no that's fine yeah no okay I love it go forward let's go to approved thank you anyone else he n we'll close the public comment open for board discussion as you've shared I think this is pretty much an open this is I move that we approve the variance exactly as it is and just keep our fingers crossed we can get it done in the year based off testimony heard today yes with the recommended staff condition there was no no conditions on cas okay whatever he needs to build the sucker let's get a build commission okay can we restate the motion for clarity for the cler can I go for since I messed the last one up run I make a motion we approve case number two 448 as proposed based on the evidence and the testimony heard today and I second that motion and a second roll call please well done member gara yes member small yes member Cy yes member core yes Vice chair Chace yes motion carries great um that ends our action items for today our item for discussion has been moved to Future meeting any other conversation I just wanted to welcome our new board members thought you guys did a great job and um welcome to the team and I think the next meeting is September 2 do you have an idea of how many variances we possibly have one um there's still some out there swimming just keep swimming um all right we have a motion to adjourn so moved all in favor hi