e e e e e e e adjustment meeting for May 15th and if we'll start off with the Pledge of Allegiance the United States of America for stands Nation indivisible jce for all okay um we can approve the agenda we have any changes do we want roll call yeah okay member small here member moholland here member Gara here Vice chair Chase here may buar here we have a quum yes chair with uh item number one approval of the agenda we would like to carry item 5A the item for discussion into our next meeting okay and that is all I have for a change okay so I'll have a motion to approve the changes I'll make a motion to approve the May 15 2024 agenda for the same Pete Beach Board of adjustment okay roll call get a second second thank you um I was going to say member Lorenzen member small yes Vice chair Chase yes member Gara yes member malland yes chair buar yes motion carries okay um if there's we're going to go to the audience comments section so if there's anybody that would like to speak speak to anything other than an item that's on the agenda today you could come up and speak to it for 3 minutes and anybody who would like to speak or uh be a witness to anything today if you could stand and we'll do a oath anyone who will be speaking to the board today or making a presentation needs to be sworn in please raise your right hand do you swear or affirm that the information or factual representation a that you are about to give or present to the board is truthful yes I do thank you is there by anybody in the audience who would like to have any comments before the meeting today NOP okay let's see we'll move on to the approval of the minutes for the uh April 24th meeting motion to approve the minutes from April 24th second roll call member Gara yes member moholland yes member small yes Vice chair Chase yes chair buar yes motion carries okay we'll go to the action items and the first one is case 23084 Christen if you want to sure if I may have the PowerPoint we want to do exper tap first oh you want to do that thank you member Chase I was just about to say that any experte disclosures that the board would like to to disclose now would be the time no no uh yes I uh drove by the residents and also did a walk by uh I have had two brief conversations with the applicant uh in regards to this coming before the board however we never talked any technical specifics uh the only technical specifics I received was from the staff and I also received and read the emails from staff I also did a drive bye none thank you so to begin today we have variance case number 23084 located at 2841 Alton drive it is a practical difficulty variance request so William and Terry grott requests to construct an 8T X 22t addition for an expansion of an existing attached garage with a reposed front yard setback of 16.9 6 ft where 20 ft is required and looking for relief from Land Development code section 8.7 A1 it's a listing of exhibits here is an aerial uh picture or photograph uh subject property is outlined in red it is a waterfront parcel and it contains a single family residence it is surrounded by single family residences to the north east west and mcferson to the South the property is located in the ru1 zoning District um Ru on the future land use map just apart from the uh variance request detail from the staff findings report the applicant is requesting to construct again um an 8T X 22t addition to the existing aach garage with that that does not meet the proposed front yard or does not meet the required front yard setback here is a survey showing existing conditions of the property so the garage would be up on your upper left hand side with the driveway it is a side entry driveway it currently contains a one-story dwelling with a PA driveway rear paer patio and an inground pool and a dock here is the site plan that was um submitted as part of the documents um here this is a great illustration of the proposed Renovations that are going to have that they're proposing in addition to the a attached garage so you can see that um but they do only need relief for the um expansion of the aach garage and here's just an enlargement of the um garage floor plan so the dash Red Line shows the required 20t front yard setback requirement and then also the proposed setback so you can see what is the required and then the actual encroachment in a visual format now I'm going to bring you on to the site noticing was completed as required legal ad published and notices mailed on May 1st and sign posted on May 7th and here is a picture of the front of the dwelling from the roadway on Alton drive this is the adjacent property to the West single family resident and adj B in property to the east also single family residents so the top left is looking North uh from the front entry looking out onto Alton drive I just wanted to get this picture from the front porch so you could see the side entry garage and you could just see the depth um there and then also from the side property within the driveway looking West on the bottom right this is just looking from the corner of the garage towards the front yard and just so you have an idea of what else is on the property this is going around the sidey yard looking to the rear looking from the seaw wall into the rear yard another view of the rear and coming around to the sidey yard so the variance criteria and comments those were listed in your staff findings report and staff comments the applicant should be prepared to provide their own testimony and respond to staff comments below the applicant should provide an overview of the proposed Renovations as a whole and if any additional improvements are proposed to be made to the exterior of the dwelling also during the site visit completed by staff it appeared that the green space as shown on sheet one is not currently existing as the front yard and portions of the sidey yard are covered by Rock and if Green Space is proposed no information or planting plan was provided at the time of submission as per the Land Development code section 22.4 in no instance shall not shall non-vegetative perious material for the purposes of this section whether it be Stone shell gravel and artificial turf only shall be utilized for more than 20% of the minimum required perious area nor shall such material adversely affect AB budding properties waterways or the right of way applicant will need to complete the installation of landscaping in conformance with the Land Development code section 22.4 and 22.10 with landscape inspection completed and approved by zoning prior to the issuance of a final inspection or certificate of occupancy so with that staff did determine by um by looking at their survey being out on site so staff did estimate a deficiency of about 280 square fet that they would need to plant in order to meet this requirement so we have an early and development code if you're applying for a practical difficulty variant we have to one that's another issue we have to make sure you have compliance with that so that would just be you know testimony that the applicant could give us to see how we could get to that point should you support the variance that makes sense so staff finding the request is reasonable given the unique layout of the lot and will not have an adverse impact on the neighborhood staff recommends approval but with the following conditions the applicant will complete installation of landscaping in conformance with the Land Development code section 22.4 and 22.10 with landscape inspection completed and approved by zoning prior to the issuance of a final inspection or certificate of occupancy applicant shall also submit a sealed asil plan or survey noting all setbacks and ISR calculation and approve by zoning prior to the issuance of a final inspection or certificate of occupancy and that's just to make sure that you approve those setbacks that they met that setback okay um we did receive some letters you somewhere in your packet and received an additional so we did receive seven letters and they were all in support and I'm open to any questions you may have then for me thank you Kristen M no I I have none either I think what the staff recommends makes sense okay we'll can hear from the applicant but if you have any questions for me now or later I'm here would the applicant like to come forward and good afternoon Terry grot 2841 Alton Drive so um to follow on to the staff's um recommendations um one of them was proposed overview of the project at large so um as Kristen mentioned you know it's a variance of three foot 4 Ines to the front to construct an 8 by 22 addition to the garage the current garage space is approximately 28 x 2110 the garage is actually going to get smaller it's going to be 28 XX 176 which is the minimum you can have to have a two-car garage so we're being as conservative as we can and the purpose is is to actually move the master on Suite bath into the garage because currently the master bedroom is an internal room to the house there is no entry or egress from our bedroom to the exterior of the house which is not in compliance with um Florida uh code building codes so for safety standards so we'll be able to the only window that is available is in that bathroom and it is not in compliant it is only 15.5 in wide including the sash so we will be able to uh relocate that um bathroom into the garage and if I could have the overhead so as I said item one here is the moving of the uh the the bathroom from the current location in the house over into the uh garage space what is consider considered existing garage space along with the closet next to it that would allow the master bedroom to be an external room to the house and have the appropriate um security safety standards for entry and egress in the in the event of an emergency item two is a slight bump out to the kitchen of about 6 foot and that is so that we can gain entry into the new garage um it also allows us to bring that laundry into the house which is currently in the garage the new minimum space garage would not account for it um bringing it into the gr bringing it into the house also helps us with um things like Aging in place um which is very important to us uh and then item three on this list is we're enclosing the covered porch and putting on an extended porch in the the front and that is really an aesthetic um Improvement because otherwise you'll have a corridor looking entryway into the house from the from the front if we don't kind of make that come a little bit more into proportion so that is what we're looking at there um I would like to kind of go back a little bit and say so when we bought the house in 2017 we started with improvements in the back put in a dock a seaw wall a pool the back of the house was upgraded we had the architect come in and do a plan for the front which was um actually to just flip the garage forward and extend it in width which I loved it was a great plan until the builders came in and told us how cost prohibitive it would be because we needed to readwork the entire roof line that wouldn't have required a variance so we did look at options that would not require a variance before going down this road and um unfortunately this is where we are now um just for perspective that's the architecture renderings of what the new front porch front entryway will look like both from the front and from the sides and then noting the uh staff's concerns regarding the um imperious surface um understand the front is all shells the front is all shells because we knew we had additional construction it wouldn't have been a fiscally responsible decision to go in and put landscaping or anything else there only to know that it was going to be torn torn out so um I know that they that there were already pictures for you of the rest but I just wanted to ensure that my husband and I are committed to having green space on the property um we've put a lot of SWAT Equity into cultivating an environment that is both bee and Butterfly friendly it's been very successful this year and then um the picture at the bottom is my very first uh shot at Photoshop and uh you know what we plan on doing is putting some kind of Green Space um trees in the front surrounded by um uh ground cover that is compatible with the Land Development code I do have that information of what we can and cannot put there um so we will come in compliance and and have that verification ready for the team um pending your questions that's my proposal okay thank you very much um do we have any audience comments anybody in the audience would like to speak on behalf or for or against us no okay do we anybody on the board want to have any questions no I my only comment would be to um thank you for going out of your way to um request feedback from your neighbors it's always helpful when we have that support Mr chair I just have a couple of my standard questions I'd like to ask that's okay sure absolutely uh ma'am how how many previous variances have you had on this property none and I assume then there's no open permits or variances on there are none okay thank you okay anybody have a motion I mean I think this is a very straightforward case not only is she improving the property but she's coming into compliance with it from a safety perspective um and she has all of her nebor support so um I'd make a motion to approve case number 2384 based on the testimony we've heard today including the recommended staff conditions I would second that okay we have a motion on a second roll call member moholland yes member small yes member Chase yes member Gara yes chair buar yes motion carries you're all set thank you thank you okay next we'll go to uh case 244 Kristen if you'd like to Sure present that before we get started on that um would want to yep exactly none here thank you any exper A disclosures now would be the time I appreciate it uh yes once again I went to the property I walked by it um and actually uh well my dog was still alive we used to walk through this uh buy this property several times a week so I am fairly familiar I also did a driveby I did a driveby okay so before I get started I am going to give you one thing that in my PowerPoint presentation I had some issues technical issues so there's going to be a slide that shouldn't be there so if I go really fast don't read it okay all right so may have the overhead okay so starting off with variance case number 244 located at 130 North Tessier Drive uh also a practical difficulty variance request from Charles and Karen O'Neal and they're requesting installation of fencing within the front yard and secondary front yard that exceeds the permitted height of 4 feet with 6 feet and 8 ft proposed so they're requesting relief from Land Development code section 6.15 here's a listing of exhibits the subject property is outlining red it is a corner parcel it contains a single family residence with also single family residences to the north south east and west the property is located within the R1 zoning District ru1 the future land use map and just again the variance detail request um they have current fencing within the front yard um where we cannot have it exceed 4 feet in height they do have six feet in height as the Max and they're requesting four 6 and 8 ft but for the variance request within the front yard is for the 6 and 8 ft in height here's a survey showing the proposed Fence location and height so this was kind of an overlap it was in your package um it showed what was existing and also with the colorful um um renderings by the applicant shows you the 4ft the 6ot and the 8ot sections that they're proposing going to bring you on to the the property noticing was completed as required legal ad published and notices mailed May 1 signs posted on May 7th you will notice there were two signs posted here because it's a corner property there are two signs posted on the property this is the single family residence to the west and single family residence to the South and here is a view from the street of the current existing 6 foot high fence um located to the right side of the dwelling behind this as when we look on the survey this would be the pool area I'm going to take you right into there uh which is just inside the fence um to from the front of the house looking towards to the rear and here is another angle looking from the rear of the property looking towards the front and here's just some um pictures of the current current condition of the existing fencing that's located there another shot from the other front yard and here's a kind of a Utility Yard within the secondary front just another view from the street I did want to give you this just as part of a Google image view to look down um you can see kind of this is going back a few years but you can see where there was vegetation that kind of screened the the previous fencing which I believe this is some new ownership recently they may have removed some of that Landscaping so the V variance Criterion comments this was located within your staff findings report um as part of that staff findings report staff would like the applicant to be prepared to provide their own testimony and respond to our comments the applicant should provide testimony as to the existing types of fencing and proposed type including but not limited to style and materials and the reasons for the request for the additional 2 fet in height to increase from 6 foot to 8T high within the secondary front yard should be presented testimony or visual pictures of how the fencing will transition would be beneficial the reason I'm asking for this because if I can go back but um within that front yard there is currently there's a section of 4T that they want to jump up to 8T and go back towards the rear of the property which is just a little strange transition um being that it is closer than 20 ft to the property can you flip back to that picture and kind of point it out a little I'm not sure I'm following we're going to go back to the colors yes oh one more so so at the bottom of the screen you'll see the the blue and that is a 4ft high section then transitioning to the purple which is 8T high and there's also like an intersection of the yellow which is 6 foot high so just looking in that front yard where it's 5 foot four 5T four 5.4 feet from that front property line you're going to have just three different fence Heights and that was just of a concern from staff and to be clear it's just the yellow part though that would be 4 feet to be in compliance that they want 6 feet that 8ot is fine no that 8ot along the side is not is also out of code so what's great about this one also is you can kind of see the red dash line and it kind of Curves all the way around that is your 20ft setback requirement line so anything within that if it is not blue that exceeds the height that's permitted okay but for that section and I think it's about 14 or 15 feet in length of 8ot high fencing now granted there's 6ot High there currently it was just a question as to I would like testimony on to why the desire for the 8 foot okay and the code was different when the current fence was or we don't know the history I I looked through the files I couldn't actually find a permit for the prior fencing and I did not find any prior variances that were approved okay I mean it certainly looks like it's been there a while yeah it it's been there a while and I think the Google image I tried to give you as well you showed that there was Landscaping there so it was kind of hidden behind and then if the Landscaping was taken out by the new owners that's when it of course going to pop out more yep okay all right so let's fast forward okay so staff did find the replacement of the existing fencing of the same setback will not have an adverse impact on the neighborhood with the exception for the proposed 8ft High fencing within the secondary front yard and it is recommended that it may be replaced with fencing no greater than 6 fet in height so staff does recommend approval with the following condition that the fencing located within the required 20 foot front yard setbacks shall not exceed the 6 feet in height and 4et of high fencing to be installed as perpose plan submit it does anybody have any questions on that so if we go back to the color code everything would be yellow and blue versus correct so that 8 foot high section within that Dash curved area everything would be six feet kind of what they have now or less okay they can bump up to 8 feet though in the other section it can so yes so should you find support of that with this condition they would have to amend their their ser or their survey when they submit it to reflect that change okay but easy enough mhm okay and I do believe the applicant is here as well would the applicant like to come forward yes please thank you oh and one more thing I'm sorry I did not receive any letters for for or against okay just for the record thank you um you going to put the picture back I can could you stay your name and address please my name is uh Chuck O'Neal I at 130 North Tessier St p in uh pad Grill you might want to put that on the overhead that way you can point to it it should you want to thank you you're welcome okay um as as first of all thank you Kristen for helping me do this because this was got goofier when you see the all the different colors and you're like going on we bought the house in August of 2023 and it was as you can see getting pretty dilapitated that the fencing does does look good we took out all that foliage because it was just encroaching on the house it was destroying things we we're putting time and effort and money into the house we will replace the roof we're going to have the house painted uh and we're improving as much as we can to make the neighborhood look good the the quirky the quirky point on the on the pink and the reason we requested that is because the house behind us well has an 8ot fence uh Larry it used to be Larry the the White House you showed so the 8ft fence would just extend along on the side and it would look quirky or weird if we went to 8 ft and then dropped to 6 feet to the front so we just wanted to keep it consistent on the side that's the only thing we had anything else that we were requested would be replacing the non-permitted from years ago fencing as is as it currently sits so we're not trying to make any other variations or changes except for that 8 foot or the 8 foots to go in places well the other one in the back is was I guess is is in would be in compliance so it's just that small little piece of purple there that we're asking for and then of course the yellow to keep you want to point to it on okay thank you right here this little part right here and then the the yellow again is existing can't the yellow here is existing uh and we just want to replace it so we're going to upgrade the fence obviously and uh replace it all with the the white plastic or poly vinyl or whatever that that fencing is there it has and the reason um we we're requesting this also is there are a number of um houses on Corner lots and as you know Corner lots are funky so it's hard to kind of meet everything perfect and there's a lot of lots that have six foot not the 8 foot that we're asking but um that seem really close to the road so I was very happy with the recommendation about the yellow the yellow part and um and I just think it would look weird for the neighborhood and not really look good if that's if that six foot if that 8 feet went to six feet I mean we're happy to do it but it would just look kind of funky that's that was the only reason just for clarification Kristen your recommendation my understanding was it was this side where it's blue pink yellow that that would all be it would be blue and then all yellow correct is that correct so is that is that a concern for you over here no the back where you were at the intersection right here yeah yeah the only question again the only place in question is this is this little spot right here that's that would be six or 8 feet or the whole thing yellow there and you're saying that's not workable you don't like that being all 6ot there because the fence to the back is 8 ft see all this all this would be has been approved would be approved 8 ft yes and it would just extend another five or six feet up and it would be 2 feet shorter understood or you do the whole thing six feet all the way around that area but what were you saying why would you wouldn't like it all six feet the whole way so it's consistent because why oh because the guy behind us so if you if you extend this this out back this way yeah it's 8 ft okay the neighbor got it that make sense have you talk to your neighbor that's uh Lot 19 I have talked to every neighbor in my around me and they've all given me a verbal approval yes okay Christ in terms of Conformity with the neighborhood and keeping in you know Harmony does um that seems to make sense given the neighbors's height is at that is that not a non that must be a non-conforming fence or was that you know with that one I don't know I can't confirm with that lot to the South if that is actually 8 ft I can tell you that it currently is 6 feet on the property for the applicant um okay and if we want we can go back and look at the pictures and see if we can find it okay if I could have the overhead please or the presentation sorry right there hold on one more uh so it would be that far right corner way up there where those palm trees are and that fence line but I don't know if that is actually a fence that looks like that may be a shed of some nature the white part no that's our that's our that's an existing fence though so Mr hepo put a six foot fence in there and then he left all the other wood fence but when you look into that corner and you follow of that wood all the way back Larry from behind us has an 8ft fence that runs right after it okay you know what I'm saying so it stops at 8T right in that corner and it goes and it reverts back to this ugly wood fence so this white vinyl fence that we're seeing visibly right now in this picture is yours right yeah and that is 6 feet that's 6 feet and we we weren't going to change that going to touch that but to do everything around this area in six foot high fencing to give you the consistency your issue is with some neighbor that's going out the back side we don't have an issue we're just saying that since they were 8T we thought well let's just take the 8 ft extend it along the side up to the front and then we'll put the six feet in the front because 8 ft would look Goofy and it wouldn't look aesthetically pleasing to the neighborhood okay I'm I'm looking at your picture you have four six and eight Al the back side of the house right from the blue to purple to Yellow yeah because the blue the blue here is not attach to the house it just goes back to the road so a fourt fence is fine and then a four all the way around there is what's currently there as well okay M and then you go to eight and then you go to six on your own yard property line right there yeah I mean I could if you guys want me to replace that six feet 8T I'm happy to do it no no it's more of look thinking consistency to your point of maybe the being yellow versus bumping up to eight but okay understand how many feet is that again just the one little section that you want permission to do the eight assuming you get the permission for the other eight fo but the small piece how many feet is that I believe it's about 15 ft 14t 15t about around approximately 15 ft in length yeah 148 yeah and that whole section is 62 feet long of that portion of that property line and 5'4 of that would be 4 foot so the remaining would about 50 some feet would be 8 foot high I mean that's bringing an 8ot fence pretty close to the street right that that that is no I'm sorry I apologize it's the easement it's the easement well there is the right of way so there is a 19t 3 in or 193 this property definitely has a large right away in fact I think they I don't know if it was before you purchased it or um after but they've done a lot of utility work around that house four yeah on that corner before you purchased yeah but that's on the far side so the utility work was over here not here right I think the easements same width though similar correct I'm just they put a water thing in and they ran a line yeah okay anybody else have any questions I just have my routine ones okay um you want to go ahead uh so sir I know you haven't owned it long so I'm guessing you've had no other variances on this property so you there's none that's open so that's all the questions I have thank you okay did anybody any of the board members have any more questions for the applicant no anybody in the audience uh we can have you come back up if we have any more questions Mr O'Neal anybody in the audience like to speak on this one way or the other no you said there was no letters received correct correct there was no letters received for or against but the uh applicant provided testimony that he received verbal approvals from okay any more comments from the board or would we like to entertain a motion um I mean I I understand the recommendations from staff but given the nature of the neighboring vents I'm inclined to agree that it would be more harmonious to have the consistency of the eight feet I agree with you aesthetically I think it makes sense 100% okay would someone like to make a motion if I may real quick and is in no way to alter your position or decision but when it comes to non-conformities and hypothetically if you approve this at 8 ft and then the person next door sells their home and replaces their fence they're going to come in saying the same thing my neighbor has a feet so essentially those properties will will never not be an 8ft fence because they will both use each other's property to their benefit so I just want to make that point when it comes to non-conformities the whole point is to bring it into Conformity with the code anytime we can yeah I I look at this and I don't see the hardship of having it completely aligned with six feet I think it's very harmonious to have that all around the backside I'm just looking by the way on my screen of the pink and yellow yellows and blue so if you see me pointing at my screen um it looked to me like that would be a very harmonious look for the homeowner um maybe not reflecting something that's off to the I don't know if that would be considered the south side but of the lot but um so you would think that six feet all the way around would be would look great I mean he's got a 6ft fence in that pool area right now so it' be a nice tie in the only uh that there's a hardship I guess right now to say it's 8 ft or it's going to look terrible or it's going to impact the functionality or the safety or the I don't know and then I'm sure there'll be some beautiful landscaping think you need to come up to the podium I think the diffusion for is that as I understand it Kristen tell me if I'm wrong sure I don't need approval to get put an 8 foot in here so I could do it and then I could bring it down to 6 feet I would prefer to have 8 ft all ac across so are you guys telling me that I'm going to have to go back and put six feet in through all of it for the oh no I'm just saying there's 15 feet right there that would be six it'd be up to you what you did I mean you can bump up to eight that's not what you're asking right I'm asking you to let me put 8 ft there right for the 15 ft there that that's correct right because I probably will put 8 ft up there and if I I have to put six I'll just put six it a little goofy I'll just do it I'll do whatever the commission tells me to do what is on the other side of that fence uh the neighbors can I have the um presentation so let's go let's right there so this is the neighbor that we're talking that that shares that fence and when we were looking at that other picture where we saw the white that's where I was saying there was a shed I don't necessarily think that that was fencing because you might see that shut right there that white top right and you would you saw it on the other side from the inside from the pool and that's what I I didn't believe that was a fence I believe that was a shed and I'm just showing you there you also see the fencing is also like wooden and I don't necessarily know if that is 8T I can't attest to that I didn't go out and measure it um just bringing you back in you see in that picture the white portion I believe that is that shed I don't believe that is a fence and if he has currently six feet fencing now I believe you would see if there was existing 8 foot high no okay for the neighbor that neighbor doesn't have fencing it's the neighbor the other way to the to the rear yeah okay so it's not it's not the property that you have you share a property line it's okay so when you're saying you want it to be continuous or continuous from the neighbor to the rear of you but it isn't it isn't because the property lines you share right now is six feet or six foot high I get it I'm just saying I just want the board to understand Bring It Forward I just that was all the thinking was m and the drop down is really not um uncommon in fact it's very common on Waterfront Lots uh you have to have a 4ot um abing your neighbor and I believe it's 20 ft if my recollection is correct so there's a lot of lots that have eight foots that drop to fours and six foots that drop to Fours in fact I have one um and that's pretty want me to put a six foot in there I'll put a six foot in I but you know again I'll do it but my thought I'm sorry I'm sorry sir just my thought you have an 8 foot going to a 4 foot and you also have a six foot so when you're looking at it it's I'm I'm not sure how that transition would work at where all of those intersect so from the front property line you're going with a 4ft high it's intersecting with the six foot high running parallel um to the roadway to the front and then along that side you're going to jump to eight so that's visually where I'm trying to understand how that would work that little blue thing right here correct but when they all meet together how is that going to I don't have to put that blue you're going to have this this and then this Kristen I don't have to put that blue in I could that's like it's only like that's fine that helps make the decision it's only three or four feet or something like that whatever is 5et 5T M what about an angled one that's not uncommon either I'm sorry a what one uh well I'm actually talking to to the board at this point um as a suggestion also I don't know how people feel about it but you see angled ones as well that drop angrly from six six to four or eight four the transition you mean right can we go back to that picture of the backyard with the where you could see the sheds so the sh the uh the fence along the back where you can see the shed sticking up I call that the back is that that's along the side the side yeah the back is the white vinyl the white right so is that an 8ft fence now no that's a 6-ft fence now correct he's talking where that the white vinyl and the wood intersect yeah behind that along that same wood would jump up to eight and it would be eight all the way across the back where you're talking about where those sheds are correct on your side of the sheds would be 8 ft which to me would block the looking at the back of somebody's shed so I don't see there's and I know when someone sells a home that the next person has to deal with whatever's there but it seems like uh that would 8 feet would cover that just my thoughts do we have any more questions for the applicant guys uh I don't um but I was just saying I think that's why what his plan is is to do 8 ft it's just this 15ot aspect of whether that continues around into the yellow 6 feet to this point and then becomes 8T which would that would all be fine is what Chris is saying there's just the variance in the front end portion that is the six foot drop so for a point of reference if I may at the corner of the pool where there's the um like the lounge seat that's pretty much if you just go straight to the fence that's 20 ft that's the setback requirement um from the front property line just as a point of reference when you when we looked at the dotted line for the 20 foot it's kind of at that corner so if you went straight just to the fence anything to the right of that your max height is really only 4 feet which he's he has six and he's requesting eight yeah and your recommendation is to keep it at six okay and give the a variance of 2 feet so we go from four to six so we're giving a variance but it's to six not eight right but that yeah that was staff's recommendation because it's already not conformed correct we're not penalizing the homeowner but we're not giv extra to create a new precedence so we see it here a year from now correct and he would have the option at that point if he wanted to bump it up to eight he he meets that setback that would be right definitely something that he could do as the applicant home owner given the additional um discussion I'm supportive of making a motion in coordinance with staff's recommendation so I'd make a motion to approve case number 244 with recommendations given by staff I second okay roll call Vice chair Chase yes member Gara yes member moholland yes member small yes chair buar yes motion carries okay I'll be in thank you thank you okay we'll move on to case number 2418 uh Christ if you'd like to present that would you like to X parte yes exactly yeah I did a site visit or drive by I uh also drove by and walked around a little bit uh as well I drove by but never got out of the car a none and none for me I may have the presentation please okay finishing up today as I really quick so last case today very case number 2418 located at 285 42nd Avenue also again a practical difficulty variance for Paul and Pamela Stein requesting additional relief for the secondary front yard setback of the recently constructed 8 18.5 ft by 18t detached garage which does not meet the previously approved 3.5t setback Board of adjustment case number 23006 now measuring at 3.09 FT existing after construction looking for relief from Land Development code section 6.13 A2 listing of exhibits okay the site is highlighted in green it is a corner parcel located at the intersection of 42nd Avenue and Moody Street it contains a single family residence and also single family residences to the north south east and west property is located within the R2 Zone Ru on the future land use map so with this request detail it is a little different um um some of you may B on the board and saw it in 20023 when they were previously before the board and they are looking for an additional encroachment of 4.92 in So at their previous approval they were granted the the setback of 3.5 ft from the secondary front and also a rear yard setback of 7 feet again a corner parcel has a little little quirks to it as well um where they did construct the rear yard setback of 7.53 Ft so they exceeded that however the secondary front they ended up at 3.09 requ needing needing the additional relief and prior approval in background again this is what they were approved for it's part of variance case number 23006 it was approved with a condition that the applicant should submit a sealed asilt plan noting all setbacks in ISR calculation to be approved by zoning prior to the issuance of the certificate certificate of occupancy or final inspection um they also did need to remove a rear storage area which was shown on that as Bel plan so in connection with building permit number 2301 0172 the submission of the required asil survey indicated the secondary front yard setback of 3.5 that was approved was not met with 3.09 so here is why they are back before us today um this was the asilt survey that was submitted and just an enlargement and that is not what was supposed to be there um again I apologize the other one did not come up I hope no so I do have if we could go back to the overhead or that was last month's picture I know it was last month's pictures at for some reason I had a whole rest of my presentation that didn't show up um doesn't look like your primerty anymore does it um no no wow we have a quite a parking lot um if you wouldn't mind if we could maybe take a quick recess and then I can just have them upload the other one I didn't realize that all the pictures wouldn't so we'll be in recess for five minutes if that yeah or three if you wouldn't mind not at all all right I apologize see if I can get back e e e e e e e e e e e e e okay we're going to rejourn the meeting if I may have the presentation please okay so let's go where we left off so I just wanted to give you a comparison again of what was uh previously approved um in 2022 and then um in 2024 that would been the asil plan so we're going to bring it on to the property um legal ad published and notices mailed uh May 1st signs posted on the property May 7th again a corner so I got two bright yellow signs here is the front of the property with the uh deashed garage that was constructed it's still under constructed I have spoken with the applicant it will be painted but I'm sure he can give you more testimony on that uh to match the existing dwelling here is the single family residents to the South and the single family residents to the West and here's just another angle of the constructed detach garage another one looking South another angle okay so top is what was there um before when they were before the board of adjustment and then the bottom is what was actually constructed okay variance criteria and comments that were included within the staff findings report staff comments uh the applicant should be prepared to provide their own testimony and respond to any comments below the applicant should discuss any issues that surface during or post construction that resulted in the detached garage not to be built as per the prior approval just some testimony on why it wasn't constructed the way it was approved staff do find the request that the the request is reasonable given the existing conditions of the lot and will not have adverse impact on the neighborhood and staff does recommend approval as proposed I did not receive any letters for or against thank you application thank you would you like to come forward sir I would and state your name and address for the record my name is Paul Stein my address is 285 42nd Avenue in St Pete Beach um before I launch into my proposal I'd like to acknowledge that um through all of our dealings with the city of St Peach St Pete Beach um everybody's been fantastic to work with from Christen to Brandon Barry to Jennifer leadford and the staff deserves recognition for same I know they're very heavily worked with little jobs like mine and big jobs like the trade WIS and so forth so credit to them thank you um yes so uh I apologize for having to come come before you again and spend another $500 and change for postage um if I can have the overhead and I think M clerk he probably want this for record last um the biggest issue that arose with our post-b built survey is that the surveyor didn't agree excuse me didn't agree with his prior survey um the pre-build survey here and and I'll add that the same Murphy's land surveying surveyed this property in 2001 uh we tamed a really poor Xerox copy of it but um his survey from late 2022 agrees the numbers agree with his survey from um 2001 where this is 15.3 ft to the building this is 15.29 to the building this is 27 20.75 uh for reasons which are not clear to me when the surveyor came out for the Post construction survey these numbers change by in this instance 0.31 ft and in this instance 0.29 ft somehow this these numbers agree with one another so there's wild inconsistencies in these surveys um there are and I submitted this it should be part of your package is my application um I submitted three different scenarios here one which is most favorable to me one which is least favorable to me and one which kind of compromises along the middle um the short of this situation is that in worst case scenario we're 4.92 in over the line that we're supposed to be at maybe part of this is due to the surveyor maybe part of this is due to the con the concrete contractor goofing a little bit um the the middle of the road scenario if we take that 31 I'm still 0.1 feet or an inch and a quarter over the line but with these numbers and I didn't notice this detail when I first glanced at it but these numbers here here the the one on the right is greater than the one on the left here the one on the right is less than the one on the left which has the effect of skewing the entire line or can have the ex effect of skewing the entire line which would actually put the garage within our setback uh as approved last year so I'm asking for permission to not have to tear down the garage and rebuild it over again and you know initially when we submitted this proposal we wanted a 20x 20 foot garage and we were afraid that it might not get approved and we thought if we would be a little more conservative in our ask we would get a better chance of approval uh Kristen's advice was ask for what you want and it was good advice um but we just felt uh it was being our best interest to be a little bit conservative well now we have variably gone over this line by not at all or an inch and a quarter or 4.92 in uh in any case uh I cannot recommend Murphy's ring and um you know we we spoke to them because they did the survey before the turn of the year and I like guys this is you did this before your numbers agreed from 2001 to 2022 and suddenly they don't agree with and um we got no satisfaction from them so I'm here here instead to ask for your permission to let our garage live and when we get that paint color matched at Home Depot will paint the garage to match the house thank you okay any questions I'll be feel free I have my standards I was going to say it's just Murphy's Law there you go there you that hadn't actually occurred to me okay um would the board like to ask any questions I have just a couple routine ones uh so sir in addition to the variance for the the original variance for the garage have you had any other variances on this property I have no other questions okay anybody else have any questions we have stuckle on that is that correct yes okay no other questions okay and it's primed it's ready for pay if we don't have any other questions from the uh board then we'll close that part and go to audience comments anybody in the audience want to comment on this if not we'll close that section and I'll make a motion that we approve case 2418 as recommended by staff second a second okay first and a motion and a second we have roll call member garsha yes member moholland yes member small yes Vice chair Chase yes chair buar yes motion carries okay you don't have to tear it down gosh that's a nightmare okay given the discussion items moved I think that yeah so we have the discussion item for next month that correct it will be continued to next month I just want to let you know that our next Board of adjustment meeting will be held on Thursday June 20th um as the board kind of wiggled both May and June to different dates so I will be sending out your information on that but I just wanted to put it on the radar that it is Thursday June 20th at 2m as of now we do have one um practical difficult practical difficulty application we may have another one um possible should it deemed be deemed complete but that is all I have for you today wonderful yeah Matthew do you have anything for us before we adjourn no I just appreciate um the accommodation I'd rather be there in person to talk about the policies and procedures so sorry I couldn't be there but thanks for letting me appear via Zoom okay no problem okay motion to adjourn second meeting adjourned e for