the meeting to order. It is 630. May we please have roll call? Miss Turner? Present, miss Rich. Present, Mr. Burris. Here. Mr. Grossman. Here. Mr. wood is out, Mr. Fuchs here. Thank you. If our attorney can give us our quasi judicial announcements and swear in any speakers tonight. This is a quasi judicial proceeding where the Board of Adjustment acts in a quasi judicial rather than a legislative capacity at a quasi judicial hearing. It is not the board's function to make law, but rather to apply law that has already been established in a quasi judicial hearing. The board is required by law to make findings of fact based upon the evidence presented at the hearing, and apply those findings of fact to previously established criteria contained in the Code of Ordinances. In order to make a legal decision regarding the application before it. The board may only consider evidence at this hearing that the law considers competent, substantial, and relevant to the issues. If the competent, substantial, and relevant evidence at the hearing demonstrates that the applicant has met the criteria established in the Code of Ordinances, then the board is required by law to find in favor of the applicant. By the same token, if the competent, substantial and relevant evidence at the hearing demonstrates that the applicant has failed to meet the criteria established in the Code of Ordinances, then the board is required by law to find against the applicant. If you're going to speak, can you stand and raise your right hand so you can be sworn in? Do you swear or affirm that your testimony before the Board of Adjustment shall be the truth, so help you God? I do, yes, thank you. Thank you, Madam Chair. Just to check to see if there's any disclosure of ex parte communication. I do not know these applicants. Well that's good. So we're we're moving. The joke is, last month, I knew two of the three applicants. Just by circumstanc, so. All right, so let's move on with our first, item number 20 3-38, which is a variance to reduce the required side setback for the purpose of constructing a new covered back porch at the property address of 909 Riverside Drive. Miss Keane can you present the staff presentation? Yes, Ali Keane, principal planner with the planning and Zoning department, the subject property is outlined in red here on the screen. It's located at the corner of Riverside Drive and Wide View Avenue. This property, as well as all surrounding properties, are within the are 100 single family residential zoning district. The applicants are here today requesting a variance to reduce the side yard setback for the purpose of constructing a covered back patio. This structure will replace an existing covered patio that is in need of replacement. The R 100 zoning district requires a minimum side setback of ten feet. The applicants are proposing the new structure to only be five feet from the South side property line. The proposed structure is highlighted here in orange on the screen, with the existing home here in blue, as I mentioned, there is an existing covered patio on the property. The applicant has indicated that it's in need of replacement as well as it's very low, it's a very low lying roof overhang, and this structure is currently less than one foot off of the side property line, there's also some pavers on the property in this location that are approximately one foot over the side property line. So although the new structure is not compliant with the current ten foot requirement, it is lessening the nonconformity on the property by replacing the structure, as you can see, this is a very unique property. It's triangular in shape, the home, which was constructed in 1952, is also situated very close to the south side property line. So the configuration of the lot as well as the location of the home do limit, options for locating an attached covered structure for the back patio. Here are your review criteria and I'm happy to answer any questions. Thank you. Does anyone have questions for Miss Keane? Okay The applicant is present and would like to, come to the podium if you could state your name and address. For the record, sir, Matt Eastby, 909 Riverside Drive in Tarpon, is there any additional information that you would like for us to be aware of in regards to this application? I mean, I don't think so. It is kind of what Ali said. It's just kind of shoved over to the south side of the property. It's a triangle, and the current overhang is, you know, almost lower than my head. It's really old. And, it's yeah, from the property line now. So this would actually be moving it back to five feet and just positioning that it there. It's kind of where windows are. There's doors there kind of just where it needs to be. And just to have it kind of make sense honestly. Okay. Does anyone have any questions for the applicant okay. Well I'm assuming you didn't build the house in 1953. So, you are left to work with what you have. That's right. Okay. Is there any public comment on this application? Was any, the notice was, of the agenda item was presented, was any, comments received from anyone? I know? We did not receive anything. Okay. All right. So then we will close our public comment. Is there any discussion among the board tonight? I'll just. Yeah, just for, put on a record purposes. So we have a existing structure there. Now that's low, very close to the property line. We're removing that structure and putting the structure that's in tan there instead. So instead of being one foot from the property line, it's not going to be five feet from the property line. So it's improving the situation. Correct okay. I just want to put that on the record. Thank you. Okay. Any other questions. Comments okay. Do we have a motion I'll make a motion to approve variance okay I'll second. All right. Motion second. Do we have roll call please. Mr. Fuchs yes. Mr. Grossman. Yes, Mr. Burris yes, miss Rich? Yes, Miss Turner? Yes Happy building. Thank you. Thank you, sir. Appreciate that. Thanks, Holly. Okay, so our next application is number 20 4-39, for a request to waive the requirement to construct a sidewalk along the abutting improved street location is 138 East Boyer Street. Miss Keane. Okay. All right, property again is outlined in red here on the screen, this property, as well as all surrounding properties, are located within the city special area plan. So it falls under the smart code designations. So this is in the T4, B transect zone, which is a residential industrial office zone. All of the surrounding zones are also within different transect zones, and they're mixed use. Districts the applicant is in the process of redeveloping the property and re utilizing the existing building on site to become a distillery, as a part of the development process, the land development Code does require sidewalks to be constructed. Along any abutting street frontages, the land Development Code does grant the Board of Adjustment Authority to issue a sidewalk waiver, and the applicants are here requesting a sidewalk waiver for the Safford Avenue Street frontage. This is a look at the, proposed overall site plan. Again, the existing commercial building here is being repurposed into a distillery. Some of the site improvements that they are proposing is formalizing a parking area to the west of the property, and then as well as an outdoor wooden deck and paver patio along the Safford Avenue frontage, the site plan again, does, include the reconstruction of sidewalks along the Boyer frontage, and they are requesting the relief along the Safford Avenue frontage here. This is just zooming in to that Safford Avenue frontage, and I've turned it so it fits on the screen a little bit better for your viewing purposes. There are some site conditions that present challenges to constructing a sidewalk at this location. First being insufficient, right of way width, there's approximately four feet between the curb and the property line. The code would require a five foot sidewalk along this frontage, and if you were to construct it, meeting the five foot, it would overhang onto the private property, this would also potentially interfere with two large, mature live oak trees that are just over the property line shown here. This is looking at an aerial of the subject property, again outlined in yellow here, looking along Safford Avenue on the east side, across the street, there is a consistent sidewalk network along that frontage. However, it is very inconsistent on the west side where the subject property is located. As I'm sure you all are aware, the Pinellas Trail runs down the center of Safford Avenue, so it does provide a continuous pedestrian way along that street frontage, if I jump back to the site plan, I will note that the Boyer sidewalk that will be constructed will have a ramp to the curb, and they're also proposing the pavers to extend to the Safford Avenue so people can get from the trail to the property. The land development code has two sets of criteria for sidewalk waivers. The first is section 132 .01 C. It states that one or more of the four criteria appear on the screen must be met. Those include that the existing right of way is of insufficient width, the existing right of way is unimproved or not paved, the requirement would be technically impractical in terms of engineering due to the existing conditions related to topography or the environment. And it also states that the board cannot consider the non-presence of other sidewalks in the neighborhood as justification to grant the waiver, after review of this application, staff does believe that criteria one and three have been met and then these two additional criteria are required to both be met, in order to grant the waiver. And with that, I'm happy to answer questions. Okay. Thank you. Does anyone have any questions for Miss Kate? Mr. Grossman, question for you about the, the width of the sidewalk when you said it would, if it were to be put the way it was, be five feet, it part of it would be on private property. The private property that we're talking about is a subject property, correct? Yeah. It would overhang onto the subject property about one foot. And what would the other four feet be considered? This is within the public right of way. So the area between private property line to the other side of the private property line, is your public right of way. So typically sidewalks are constructed within the public right of way, because they are technically public property. So it's not publicly owned. It's a public right of way of private property. Correct. And then the other one foot would just be on private property, private property, not designated for. Yes, it would. It would be encroach onto the subject property itself. So not fully within the public right of way. And then there were two, two items here that you talked about access. One one of them was access to the, trail trail. Thank you very much for that, one of them was access to the trail. So it's on the I guess the top part. Is it a ramp type of thing, or is it, like a curb cut or so the. The site plan shows a ramp. Accessible ramp on the sidewalk on Boyer, which is this corner right here. Okay. And then they also show the pavers extending to the curb, that would lead onto their, deck. And paver patio. What was it? What was it extending to the curb? Pavers. Oh, pavers. Okay. Okay. Yes All right. So then that would facilitate people from the trail to be able to get on, get there and then to get to the sidewalk on the other side, they just have to get to the trail and then just cross over. There's no yeah, there's there are some breaks along the trail where you can get they have ramps up there. I want to say there's one just north of the property, there are some there's potential where, you know, the applicant could talk to the city and the county. The trails owned by the county. But the city has some jurisdiction over here to have an access point, but there are various points to get directly from the trail, from a ramp, but, yes, there's different points to get to the property, that they're proposing. So the worst case scenario that they step off the curb and walk across the street and get onto the trail. Correct? Yes. Thank you. But just for clarity, they are proposing an accessible ramp at the Boyer Street sidewalk. Any other questions for Miss Keen? Okay. If the applicant is present and could step forward. If you could state your name and address for the record, sir. Yes? Hi, Steve Corrado. Managing partner for Anclote Distilling, we're obviously 138 East Boyer Street, and I reside long time resident here in Tarpon at 1630 Lonesome Pine. Thank you for the city staff and the board for allowing us to make our request to consider this waiver, I just want to start off by saying that, we, talking to myself personally and representing my three partners, we fully, support the smart code and the comprehensive plan and understand the value that, an accessibility walkable community presents for our community. So we're not trying to skirt our obligation there whatsoever. But in this particular case, we feel. And Ali's presented, the facts here that it's there's a couple of legitimate exceptions we feel should be considered. And the fact that, if it was just accessibility, that would be one thing. But it does parallel the trail. And, for the most part, not entirely, but for the most part, a fully utilized sidewalk on the east side of Safford as well, but, there are blockage by two grand old live oaks there, which, we've had two different independent, arborists come out and review and they have both told us that the number one, they're they are mature, but they're disease free, they're healthy. And we should expect a long, long life out of those trees. If they're well protected, putting sidewalk in would have to stop there because there's no room to continue on with the Ada requirements and so forth. And we don't want to lose those trees. So, under those circumstances, I think it's a legitimate request, in fact, what what we do plan on doing is, we've we're waiting for proposals now to add, grounding on those trees for lightning protection, to help mitigate, in the event, you know, Mother Nature sometimes makes its own rules, but but, and there's no guarantee. But we want to try to protect them as best we can. So we're we're planning on putting, grounding cabling on those, those trees so that they will survive a strike if it happens. And, provide a lot longer life. So under those circumstances, I thank you. Thank you. Sir. Does anyone have any questions for the applicant? All right. I feel like I know where the property is. I walk around the, you know, up and down the trail in that area a lot. Where is it in relation to, like Gypsy or Brighter days? Okay. Is that. No. Yeah. That's south of, Tarpon Avenue and we're on the north side directly behind the library. Oh, gotcha. Okay, okay, I got you this. This property, has got a lot of history. It was constructed in 1950. It was a it's a Quonset hut design that was, provided, to the public by commercial, surplus from the war effort, the Navy Seabees, created these all over, you know, the Pacific and Europe, for the war effort. And then when the war was over, they they whatever they had left over, they put up for sale. So a gentleman bought two of them, he built this one here in 1950. And Tarpon and the other one, it's duplicate is on Cleveland Avenue. It still exists in Clearwater, so they're they're originally it was a tack and feed store along the along the railroad there. And we want to honor that history and we want to preserve that building. It's unique, and we're planning on putting a sizable investment in there to, to make what has been in recent years somewhat of a derelict property, something that will shine and make the community happy and, proud and, see what happens when, when it's all said and done, I think you're going to really appreciate what we're doing there. All right. That's great. Thanks I mean, we I walk the trail a lot, and anyone who does, that's the  Sometimes I'll notice, like, oh, there is a sidewalk there, but, you know, you can't beat the trail. That's correct. That was our feeling, too. So we'll we'll, whatever the offset is, we'll make up, I promise you, tenfold on the redevelopment of that and hopefully be a catalyst to encourage more development along that CRA area as well, which is much needed if it's done. Smart All right. Does anyone have any questions for our applicant? Okay. Did we receive any public comment anywhere? No we have not. No. Okay So we can close with public comment today, do we have any thoughts questions for the boar? Mr. Grossman? I'll just make a comment for the record, as as, Miss Turner said there's a lot of sidewalk access here, so it's not like this, property would be the only sidewalk that would be available to people. The trail is the main sidewalk. You've got a sidewalk on the other side, we love our trees. Obviously don't want to have to take them down if we don't have to, so I don't me personally, I don't see any, issue with not putting the sidewalk there. There's plenty of pedestrian, access to safe access. I mean, the trail is safer anyway. It's, you know, it's in the middle there. So just for the record, there's plenty of plenty of pedestrian access to walk and thank you for putting in the design elements that you did with the ramp and the paver access. It's great. Ma'am, thank you for wanting to redevelop one of our old properties in the town. I think it will be a great addition. Thank you and a fun business. I have a question. Yes. Are there any the adjacent properties? Do they have a sidewalk that's hit and miss? There's some, where the new, townhouses are on, Martin King. Yeah. That that continues. And then it stops and then it starts again for a little while, and then it stops in front of another. That's not on your side. Yes, sir. It is on your side. Yes Okay. But but to the north of us, there isn't much until you get to, downtown to the train station. No, I understand, I know where the property is at, but, we have some, homes in town where especially in the corner, they put a sidewalk and nobody else has any sidewalk on the side of the street. So it looks like an aberration, I agree, so that's fine. And saving the trees, I think you know that goes without saying. For us. That makes sense. Yeah. Well, we we've been a Tree City USA member for almost 20 years in this community, you know, so, keeping those those two live oaks safe and healthy, I think is important. Absolutely. Well thank you, sir. Thank you, can we have a motion? I'll make a motion to approve. Okay. I'll second the motion. Second. Roll call. Mr. Fuchs. Yes, Mr. Grossman? Yes, Mr. Burris? Yes, miss Rich? Yes, Miss Turner? Yes, Kathy. Building and happy distilling. Okay. And I hope you all come and see us when we're open. We got a ways to go yet. What's the time frame on that? Well, maybe a year. Divorce is very thirsty right now. Take care. Thank you, thank you. Okay. Good luck. Do we have. We have our minutes from the May 22nd meeting. Any motion to approve? Are they looking okay for everyone? I'll make a motion to approve. I'll second it. All right. Do we have a roll call. Okay. Sorry My computer is moving slowly. What? My computer is moving slowly, Mr. Fuchs? Yes Mr. Grossman? Yes. Mr. Burris. Yes, miss Rich. Yes, Miss Turne? Yes. Okay. Any announcements from our staff? I don't have anything. We do not have anything on the agenda for August. So no meeting in August. Oh, goodness. Okay. Nothing in August? No. Is that your last one? No no, in September I won't be here. But my last one is October. October? October Fame. I think I know we're going to be out. I think we have we have one in September as of right now. That's all right. Yeah, a little bittersweet. Oh, definitely. That's okay. We may have it in October. You never know. So definitely no August meeting then. Yes. No August. Okay. All right. Do we have any comments from any of us board members? No Thank you for stepping up. Is the city meeting the candidates for the city manager? Is that tomorrow? I or Friday? Friday, Friday or Saturday? I think Friday, I believe Friday is the meet and greet, Saturday I thought it was a Saturday. Oh, gosh. Let me. I'll look it up for you. Looked it up sometime soon. That's why I just thought. Right. I felt like it was 20 something. And then it's like, oh, geez, today's the 24th. Okay. Let me. I don't know why I said it. Oh, you know what? I have it on my phone. The agenda. Bear with me. I will get you that information. Did you see i? Okay. Oh, gosh. It's not in order. I was just sending the email to Andrew that he didn't have to be there. Okay. Let me I know that the I believe the commission is meeting on Saturday. I think there's a meet and greet I thought was on Friday. Sorry I should have had that information. You need it? Yes So Friday is the informal meet and greet with the community? Yes. Heritage Museum. Okay. At what time? From 630 to 645. Q&A from 645 to 815. And a wrap up from 815 to 830. Okay, at the Saturday meeting is from 4:30 p.m. Yes and I'm happy to send you that flier if you'd like me to send an email out. If you could, that'd be great. Yeah, I can send you the flier. Thank you. Apparently, I can't find it. I have it, but yes, I'll send that out to you guys tomorrow morning. Okay, great, thanks for bringing that up. I was thinking about it, and, glad we get notice. So if we have no other business, let's adjourn at 655.