e e e e e e e evening everybody uh before I open the meeting um we have a couple of people that are normally not here at the meeting uh definitely one uh councilman Chambers good to see you again but we have mayor Ross who wants to address the board so mayor the floor is yours sir thank you this is honor so good evening uh Mr chair board members City attorney Deputy city clerk uh it's good to see you so a couple Reasons I'm here um I could have delivered this message in fact you may have already gotten it from your city or City attorney or from uh council member Chambers but it's a good opportunity for me to come and drop in and visit with you too I like to do that every so often I try to get to every board once a year I don't always make it but there's a lot of it um so anyway good to see you um what I wanted to talk to you about tonight and you may have heard this you may not I don't know but we are working to tweak the the ordinance that concerns your terms of service and have you heard of that did anybody okay so I wanted to get here and talk to you myself and and just to reassure you and let you know from me what we're doing when we appointed um all of you we appointed you at the same time and normally like we've we have stood up new boards and when we do that we have had the for sight to stagger the terms of the initial members however when we appointed you it wasn't something that we had tons of times to think of it wasn't an anticipated thing and so the controlling ordinance for the boa is an ordinance that has existed for many years it didn't occur to us that this was going to cause a problem when we employed all of you at the same time for the same length of time and so what we're trying to do is figure out a way to stagger the next terms so that we don't have everybody leaving or turning out Turing out at the same time we sincerely hope that all of you will reapply and if you're concerned about the date coming up I think your terms end in August the way the ordinances on all of our boards are written your term continues until you are replaced until so we don't really have that time crunch so when you when not if when you reapply um what we will be doing is appointing you to different length terms um so I wanted to explain this because I don't want Miss Young to say oh my gosh how come Miss Anderson got a three-year term and I only got a two-year term they don't like me and so that's not the case and so we're just trying to and we we think we have um come up with a way to do this so that nature will take care of itself in the future we only have to touch this once so we think probably that the next term will be the only time we'll have to artificially touch this that it'll take care of itself after that so um one thing that we are going to do because we sat around and thought of well how are we going to pick who gets which term and and we will figure this out out we we have secret ways of doing that um if uh you can't but one what we do want to do initial before we get to that point is ask you and so we're going to when you reapply we're going to ask you if you have a preference between this length of a term or this length of a term and it could be that you guys do it yourself and we don't even need to make the decision that there's enough people that are willing to you know um so anyhow I wanted to come here and explain that to you and set you at ease because we really appreciate what you are doing for us and we don't want to do anything that going to be misunderstood or people are going to get upset or that's the last thing we want because we really appreciate what you do so that's it that's what I wanted to tell you if there's any questions I'd be happy to try to answer them okay we good I have a question yeah how long do you think the uh what what type of what length of terms are you going to be uh awarding people when they reapply it's up to it's three years now isn't it Pam it's three years now and I think we're just trying to change the language is it two okay thank you so it's two years now the language that we came up with is up to a three-year term that way we don't have to change the ordinance again and so when we go to appoint it the ordinance empowers us to appoint you up to a three-year term and I think what we're going to do is give you okay would you be interested in a three-year term a two-year term or a one-year term and see what happens and that way we'll have different just like city council we can't have the whole Council it's where we have elections every two years um for the same reason and so um this may give you an opportunity well it it will give you an opportunity to have up to a three-year term instead of two which is really better for everybody because it you know has it takes a little while to get your legs under you when you're on these boards so anything else no well thank you thank you for letting me barge in on your meeting and thank you may me first and I want to thank Mr Benjamin for letting me cut ahead of him on the agenda also so um any you think of any questions after I'm very easy to find just let me know and I'll be happy to or if you have suggestions it's not done yet we have we still have another reading of the ordinance so we'll be happy to take any input or ideas that you have so thank you very much thank you you all right moving on with the official part the July 30th 2024 Temple Terrace Board of adjustment meeting is now called to order would you please rise for the Pledge of Allegiance I pledge alance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all all right all right next item agenda is the roll call board members would you please state your name for the record Byron Longworth Stan cope Stephanie Young Tony Anderson all right and have all the members received the minutes from the May 23rd 2024 meeting right are there any corrections or additions to these meeting uh minutes sorry all right do I have a motion to approve the minutes motion approve minut all right and a second a second second all in favor say I I any opposed motion passes accepting the meeting minutes for the May 23rd 2024 board meeting all right before we start I want to briefly re explain the board of adjustment procedures for tonight's meeting meeting please listen and if anyone wishing to speak on any of the matters discussed tonight has questions please ask after I finish explaining the procedures the variance request will be heard and the board May approve approve with conditions or deny the requested variance tonight alternatively the board may continue a case to a specified date upon the request of the owner or applicant a staff report detailing the variance request and the staff's recommendation will be presented to the board by Community Development planner Le Hall the board may ask questions of Staff the applicant will present their application and answer any questions from the board next the board will hear from other persons wishing to speak on the application comments should be limited to revent factors the applicant will be allowed to respond to comments from the public the board will then close the public hearing and for discussion on the petition upon no further discussion by the board the chair will ask for a motion the motion must State the reasons for granting or denying the application staff will provide written corresponden to the applicant and owners after this meeting regarding the approval or denial of the application if approved the owner May submit the appropriate building permit applications or the city May proceed with reviewing building permit applications that may have already been filed as a result of the board of approval of the variance however please note that any action by this board is not final for 30 days and if the applicant moves forward prior to the expiration of 30 days they do so at their own risk does anyone have any questions about the variance process at this time all right all persons wishing to be to speak or be hurt on the variance petitions please stand up to take the oath and be sworn use were affirmed that the testimony you are about to give is the truth the whole truth and nothing but the truth I Do I Do Right City attorney Shon will ask if board members have any expart Communications at this time uh if each one of you would State whether you have had any expart communication with anyone concerning this particular item and if if it was in writing please provide a copy of that to the city clerk um whether it was in writing or verbal please stay now whether um what the sum and substance of it was with whom you had that communication and when that communication occurred and start with no I have to my I'll start to my left I have not had any uh expart communication no I have not had any I have not I have not thank you all right the Temple Terrace Board of adjustment will now open the public hearing on the variance ba 24-3 for 332 Ferncliff Avenue as submitted by Kelly Benjamin property owner and applicant the staff presentation will be done by Community Development planner Malik Hall please make the staff presentation regarding variance requests ba 2403 okay good evening Board of adjustment members of the public and members of Staff we are here today for the variance ba-24 03 request which is subject property 332 Fern Cliffe Avenue background so for this property it is located in arts and single family zoning District in the X flood zone the approximate acreage for the property is 0.23 Acres the existing variance for this property is ba- 22-10 which is to allow a pull in the sidey yard the property currently has a gross area the home on the property currently has a gross floor area of 3,8 square ft is two stories has a car port a driveway and a course of pool that was related to the already existing vle variance the variance requested here tonight is to have a pool enclosure in the sidey yard so an enclosure for the existing pool this is necessary because they are technically two separate accessory structures within our code so because the original variants did not include a language or allowance for the pool enclosure and there are two separate accessory structures we must have to go back to the board of adjustment and the applicant must request for the enclosure this is the overhead image of the property and a side by side with the site plan the setback submitted show 8 ft to the decking around the actual pool and then 10 ft to the uh body of water the I guess the pull outlining itself for the side yard and then for the rear it's 10 ft to that that outer portion and 12T to the body of water are any questions oh to add the the application had two out of the nine hardship criteria positive so two out of the nine were in favor of of the applicant all right thank you are there any questions from any of the board members regarding this request so are you saying um are you suggesting we approve or suggesting we deny based on your findings based off of the findings they aren't in favor of the applicant only two out of the nine were met so I can't really give a recommendation per se I just know the findings aren in favor they they are they are in favor they are not they are not okay thank you no problem one question I don't know if the applicant's going to speak on this but is he taking up any more land space or it's just the enclosure on the current space It should be just the enclosure on the current space based off the application okay just the enclosure for the uh the pool okay there won't be any additional lot coverage taken up by the uh the proposal for this variance so what is the variance actually for then I guess I'm trying to the enclosure because so the pool is is an accessory structure but then the actual enclosure is also an accessory structure and for the original variance it addressed the pool but not the enclosure the enclosure has nothing to do with the land per se no okay no it the enclosure does not have any lot coverage or any building coverage because it's not impervious to to weather for a roof so roof structure for to count towards that would have to be impervious um the enclosure itself amount of land added is not applicable for this application okay I just have a quick question I know that you weren't here last year this is one that we all probably remember pretty well if he had asked for the screen enclosure at the time he asked for the pool would you have advocated that he should have the pool but not the screen enclosure or would you have said it just because he asked for both he gets both so I will say that based off of our documentation our records the planner at the time actually was not in favor of approval but the board did approve despite his recommendation yeah he won he won pretty good with that one um against the very vigorous argument from the city against it he won but I'm just asking if basically if there's any basically if the if hypothetically rehat the same arguments over again but he would have asked for the screen enclosure at exactly that time would it have mattered if there was not an existing safety barrier um so technically the subject property meets the safety barrier required for pool enclosures due to the fencing around the property in the wall um I guess technically if the property did not have a fence or safety barrier in place it would give justification to have the enclosure because then it would be a safety concern so if that was the case then then I would say there's grounds for recommendation then but there is an existing safety barrier so okay any additional questions from the board I'm sorry I have one more question so what code are we actually actually for the safety bear or for the for the enclosure CU 12508 okay which is what I'm sorry it's for sexy structures and I think the read site features okay give me a second so the code actually is that they're required to be in the rear yard um in the background I have my staff report in ordinance 1050 enacted september1 contains a language that requires pool enclosures to be in the rear yard okay so we're just this this is supposed to be in the rear yard and he wants it on the side cuz the pool's on the side correct okay all right there we go sorry I guess that should have been something I it's okay thank you all right any other questions oh thank you appreciate it thank you all right we will move on to the applicants presentation do I need to unplug the the laptop uh did they get the laptop worked out for you sir uh no I I just have mine that I can kind of show you what what I'm talking about but um um hang on just a minute I'm getting from the oh okay someone said that they can zoom in on oh okay I think that's what I'm getting back there sorry I wasn't reading the hand signals too terribly well but uh uh first uh just let me just one quick give me me a couple things here um I do need you to state your name and address for the record please sure my name is Kelly Benjamin and I I live at 332 Ferncliff Avenue thank you Mr Benjamin uh you may start your presentation you have 15 minutes sir I want to thank all of you for you know coming out here on this rainy night just for this one um uh variance hearing I also want to thank Malik he's been incredibly patient with my persistent calls to his office regarding this matter and uh I I I I appreciate his professionalism in this process um my uh uh you know variant's uh petition uh request is is as he stated in regards to the pool enclosure as you probably recall uh I came before this board in um 2022 uh with the request for the pool based based upon the uh existing layout of my property uh and and and the trees surrounding the property which made it impossible for me to place the pool in the backyard there was ample space on on the sidey yard this board uh determined that there was a hardship uh regarding the pool um I later uh went through the process of of building the pool uh looking at the the order for this um uh variance there was a a request made at the time if folks were called to build a wall in front of uh the facade of the home to extend an existing wall rather uh which which I have done I have a a photo here of it so um the board can see I don't know if H it's not the best situ let me see okay there we go so that's the wall uh has a gate because originally this was like a horseshoe shaped driveway that went through now the garage do is open on both sides and um there is foliage surrounding the pool entirely on this next slide here I'm going to try and zoom in here uh this um purple area denotes uh the the the wall that was constructed and um this green area here is this the foliage surrounding it and then we have the blue here is the uh area that is is where the proposed enclosure for the pool would be um it is uh going to be below the second floor it's going to come in below the second floor window because of the the placement of the wall which I just showed there's not going to be a whole lot of visibility at all from the street which I think maybe was the original intention of this ordinance it's it's not going to be in any way um sort of a hazard for uh people viewing it when they come down the street both uh because of the height of the of the wall as well as uh existing uh foliage if you see this I I didn't do a very good job of placing this Green Dot he I don't know what just happened on my screen but this Green Dot is uh there's a huge live oak tree in the backyard it's actually closer to this small Dot I don't know how it got messed up on this version of this sorry about that but it's hanging over the pool and which you know if anybody has ever cleaned out a pool in Florida you have leaves you have pollen uh I I love the tree I don't want to touch the tree but because of that it creates you know kind of an issue with daily cleaning particularly in the season that the leaves and pollen are falling uh in addition you know a lot of folks uh my neighbors and their children come in they swim in this pool and there's like mosquito issues as folks know here at certain times of the day so we thought oh let's um move forward with building the pool enclosure my understanding based upon the previous hearing was that the hardship had already been determined and that um and this was a conversation that I had with Gus carpus who I understand is no longer here at the city that once this was determined this wouldn't be an issue so I went ahead and uh contacted a contractor I signed a contract I gave him a deposit I applied for the permit through uh the city and it was denied and there was a long process towards getting here but I you know I didn't think there would be any problem based upon my understanding looking back at the ordinance it did you require the wall which was constructed um but I I did not re recognize that the the determination of hardship would not cover the pool enclosure as well so uh I'm here today to request that I also have a petition went around to all of the surrounding neighbors uh to inquire if they had any problem with an a pool enclosure being buil I can pass this around cuz I I apologize I didn't make copies uh and all of the surrounding Neighbors on my street as well as the street behind me have uh signed a petition stating that there is no um uh issue with this pool enclosure being built and uh particularly for the the folks with children they're excited because their children won't come home with mosquito bik so um I I also just wanted to mention you know if you if you drive around my neighborhood and the surrounding Community you you will note that you know there are existing sidey pools there's side yard pool enclosures and we you know in my neck of the woods near the golf course there's not a grid sort of there there's a lot of like wavy windy streets and some some backyards face the the street some because of that some backyards face uh golf course and so you see a lot of you know SC Screen Enclosures it does not you know damage the Integrity of the neighborhood when when you see that um that is going to be minimized by my you know existing wall and and the the way that this uh pool enclosure is is planned out it's going again it's not going to be up to the roof Eve it's going to be below the uh the second floor window and uh very minimal um visibility from the street uh and that was the intention because I did not want to spark any issues whatsoever um I'm trying my best to do like the proper channels and I would really appreciate an approval of this variance and I'm happy to answer any questions you may have all right is there any questions from the board for the applicant I have a question so how do you been able to go back in time two years ago if you was your intention at the time when you sought that variant to be able to get the enclosure as well like is that what you thought you could do whenever you got that one variance I did believe that it was the possible to get the enclosure as well based upon my understanding of the determination of hardship and my conversations with I believe it was Gus carpus and you know I I I think potentially why Eric kravis is not here because he came by he's campaigning right now and he came by and knocked on my door and we talked about this issue so I think he recused himself from meeting but my understanding was yes that this was something it was a hardship that was already determined based upon the layout of the of the pool and I also recall that you know this this board requested made a request to the city council that they review the issues pertaining to this uh structure and I I don't know where that process is um my understanding I think Mr Hall mentioned that what is being reviewed might not even pertain to this issue with the sidey yard pools I thought it was in the works this was two years ago um I'm not sure where that process I just have one more question though yes sir so I mean you mostly answered it but I just want to say if you knew two years ago that you were not going to be able to build the screen enclosure would you have asked for it that day I would have asked I would have asked but here's my other you know contingency at that time when when I inquired with the pool company Rivier pools about about building an uh a closer the price for the enclosure was quite High the price has gone down the price of aluminum's gone down various things have gone so I did not uh you know put that in based upon at that point I could not afford it I can now and so that was part of the issue um and I also would you know may maybe that should have been part of it if I knew this was going to be I would be back up here again two years later going through this process I would certainly have asked for it then because my understanding based upon the determination of this board that it it would have been approved um and that's why I paid the deposit I'll lose that deposit if if this doesn't happen but I'm I'm hoping that uh you know th this will be approved but again like I I wasn't I wasn't entirely if I if yeah I would have loved to get them both approved at the same time that would have been ideal for yeah I was I'm was trying to basically gauge if this is just like an oversight basically kind of like like that's like basically like more like you just would have asked if you could have plan was always to have a pool en closure um I wasn't if if I knew that it made a difference if we had it approved then versus now I would have done it two years ago I would have saved everybody a lot of Heartache including Mr Hall including this board uh you know I would have loved to had it all taken care of back then right thank you you have any questions I do I do have one because this is and I think this is probably a followup to you but you I think you were also and and maybe it never was perfectly clarified but you were also going to the assumption that this approved not only the pool but it approved the lenai as well correct that was my assumption yes okay right wrong or indifferent that's what you truly came in here believing when you came in when you came in the last time because I think I'm the same way or it would have been in the application yeah well yes because I you know obviously I'm not going to put a pool enclosure anywhere where there's no pool and the idea was that you know that this hardship determination was based on the layout of the property layout of the property is exactly the same this board determined that there was a hardship based upon that at that time um so I my understanding too because I followed up I I you know I'm probably a bit of a bug in some of the city staff's ear regarding these issues and uh you know cuz I had mentioned this issue to the city council later on after this you know we were hoping to move that ball forward I would have loved to get that all taken care of at that time and that was my assumption uh upon looking at the order which Michael Sherman emailed me when this whole process started I realized oh I had to put an enclosure into the original plan and so that was an oversight great thank you thank you any other questions from the board I I have a question of the applicant um for the sake of the record Mr Benjamin what is the hardship for the pool screen enclosure something that runs with the land and not because of mosquitoes that everybody deals with right the um last time I was here I I I had a video that I showed that uh laid out the um the setback because the house is set very far back on the property and there's two large oak trees on either side of the house the setback for a pool I believe is what 25 ft more or less from a Live Oak and that made it an impossibility to put anything in the backyard whatsoever and it's a very narrow backyard um that was the hardship it was the placement you know of the house on the property and the placement of all of these protected trees on the property so are you making use of your property without a pool screen enclosure not to its fullest and highest extent you know the the idea is that you know when we reasonable are you making reasonable use of your property without a pool screen enclosure well we live there but we bought the house in in the hopes of because we bought it from the original owners and they had always intended to uh they constructed the house if it was built the house was built in the 60s if they had built a pool there within the first three decades of The house's existence this would have been no problem but uh it you know here we are and and I believe that this ordinance was passed sometime in the 90s I'm not sure exactly when but that that ordinance changed and that's why you see so many existing side yard pools but you know to to enjoy the fullest uh you know and highest use of the property we would love to have a pool there we have a young child um a lot of kids in the neighborhood in the pool but you understand that those things the the people who live in the property have nothing to do with whether there's a hardship so your children or not children that has nothing to do with a hardship has to be something that runs with the land right and and I think the board determined last time around that it it was the layout of the property it made it impossible so you got a so you you asked for a pool then but you didn't ask for a variance for the enclosure at the time correct that is correct and because you couldn't afford it at the time you weren't interested in having it then no that's not correct I we always that was always the original plan is to put a pool enclosure neglected to apply for the variants for the pools screen enclosure at the time my understanding was that the determination of a hardship included uh a pool and an enclosure did you see your application at the time that was submitted for approval yes and there was no mention of of the request for the variance for the enclosure again I talked to uh the the city staff for Gus carpus around this issue his understanding that it was conveyed to me written on the application understand ma'am okay so so you had got a non-conforming approve you got an app approval for a non-conforming pool and now you want to exacerbate the non-conforming the non-conforming use there by putting a pool screen enclosure over it those are not the words that I would choose to use I'm attempting to uh enjoy the the fullest and highest use of the property based upon the layout of the property and what we would like to do we moved into this community you know I knew there was you know a set of rules and we're we're you know attempting to work within those guidelines and our understanding was that you know once this variance was approved that's why we went through you know I didn't think that this permit would have an issue going through at all which is why I went ahead and you know gave someone a pretty hefty deposit a Contractor on this issue because I thought it was already something that was determined as a result of this and that's that's why we're here today two years after the the fact I I it was something that I wish that we had discussed two years ago but it was not my understanding that that was necessary and uh that's why I'm back in front of you today I have another question yes sir you said very little about why your petition says you're here which is oak trees dumping debris into the pool how often are you cleaning it I'm cleaning that pool on a daily basis okay that's it's a daily situation okay all right so how um how long does it take you to clean the pool whenever you do it just curious uh it depends on the time of year you know in in the winter time when the leaves and pollen are dropping it can be a half hour long process and folks that have a pool might recognize that um you know the the pool companies have a tiered system if you don't have an enclosure there there's a higher um costs to pay for pool cleanings at the at the moment I'm cleaning these the pool myself and it's it's you know there's less right now dropping occasionally during the storms you get moss and bark and leaves in there but uh in in the uh months that the leaves and pollen are dropping it's a daily occurrence in fact I've had to have the pump uh pumped out twice it's like $100 each time that happens so you know it's it if if that is you know that's a hardship for me personally that's an issue that I'm you know having to deal with and would be a consideration if if this um board decides not to approve it whether or not I you know remain in the home because I'm kind of like committed now to this thing I'm I'm constantly doing that I would like to have an enclosure there to you know avoid that situation okay um how and do you have any pictures of the debris in the pools I do might take me a moment to find them but I do yeah that's that's the uh take your time it'sit we're good that's the interesting part about your petition we were talking about the other stuff what tell tell me why it's interesting that's I mean that's what what's what that would be the only part that would be the hardship to the land or perhaps I just want to see if it's it it has to be something not experienced and suffered by others so falling leaves and you have to think about that can I ask a question really quick Pam um so the State of Florida the water Safety Council is trying to Institute a law where every single pool in the State of Florida has to have an enclosure due to water safety it reduces the chance of accident deaths by 70% so if that were to be enacted and that was a requirement in the State of Florida and we were not to approve him today would he then be approved um but that's after I don't haven't read that I would assume that it would apply to pools that are built after that law goes into effect and not suddenly requiring everybody who has a pool to suddenly build us an enclosure I'd also like this on might if I passed your phone hello yeah i don't it matters but the way that so in our ordinance the safety barrier I mentioned we have an ordinance for safety barriers for that reason yes so currently fencing and walls suffice I don't know I'm not up to speed on what you're talking about they may do a change that is for specifically enclosures but as far as the safety requirement the fencing and and wall meets that requirement thank you there's another one that you I have other pictures of this if anyone wants to see it accumulates in like this one particular Corner um fair Fairly regularly okay all right all right are there any other questions from the board all right Mr Benjamin thank you but you might want to stay there because my next question is going to be if anybody else wants to talk and then it's back to you so I I have a funny feeling you don't need to go anywhere but I will ask just in case there any other persons wishing to be heard regarding variance request ba 2403 if so please come to the microphone state name and address all right that's why I said you might want to stay there cuz applicant you have the final word do you have anything you wish to present in the light of any public comment or board questions you have five minutes for rebuttal um no I have I have other uh photos and I apologize for not having more of them available on my phone that show the amount of debris that does accumulate uh it's it's it's quite a process uh you know cleaning the the pool due to this large overhanging Oak uh above the pool um again you know I feel that that's a hardship the um uh I I tried throughout this process to go through and do exactly what uh was the city required I moved the pool if folks remember a couple different times based upon what the previous uh City staffers asked it was originally at one place I moved it back 5T I moved it to the left to make sure that there would it was it would minimum impact the existing ordinance uh the the the wall was constructed uh in a timely manner shortly after the pool was constructed and um you know we love this neighborhood but I when when I start thinking about you know the and I don't intend to move but when I start thinking about cleaning this pool every day for the rest of my life I'm starting to wonder about what my future looks like here in this community uh we love Temple Terrace uh my wife is a school teacher cross the street at River Hills Elementary School my daughter goes to school there we have again this is uh you know this is our home this is our community we'd really love to have the enclosure and uh I thank you for the consideration great thank you thank you Mr Benjamin any pictures that you showed to the board you must provide a copy of those to the city clerk for the record Absolutely I'll do that is there a particular email address that I should use okay thank you so much all right if there no further comments from the board of VAR from the board of variant ba2 243 I hereby close the public hearing and the board may discuss the application okay I just want to say that I'm going to be voting yes from this variance the reason is because I would have absolutely voted yes on the screen enclosure if it would asked for it two years ago he discussed basically debris dumping into the pool everybody else gets to have a screen enclosure in the city except for him so that's this is just in my opinion the variance the same reasons for the last variance was granted for having the concrete there to begin with implies to the screen there's a separate hardship due to this debris dumping in now we have a rule that only he can't build a screen porch everybody else can I frankly find this I almost I would have probably just granted the perment truthfully if it were up to me rather than having this whole meeting but I'll be voting yes because of the hardship of the debris falling into the pool and for the reasons why the pool was built initially you want have any comments or um I mean you don't have to announce how you're going to vote yet if you don't want to I I didn't mean it that way sorry if it came across like that I um do I have to have a bon for discussion yes okay um I'm having a hard time just based on this solely alone finding the hardship against the land which is what we're supposed to do and yes I agree had two years ago um this been included in it would have been approved so just because now we have to take this as a separate variance and look at the land and the usage I don't see the hardship which kind of stinks cuz I don't see any problem with him building a green enclosure over his pool that we allowed him to build so I'm kind of torn I I agree with you but I also think that he's not using any more land no he's not he's not using additional a he's not adding concrete he's not cutting down trees um there are proven statistics saying that kids are less likely to have accidental deaths with full pool enclosures versus walls which I know is our city code but it's should change um so it's a State Building Code yeah no but it needs to change so and they're working on it so I yeah I just want to know where the city is changing this ordinance about not having things in the sidey because we've had multiple people come in and we've denied some we've approved some and it's kind of like wishy-washy you know these like they said these houses were built in the 60s and the way these lots are are figured you know I don't know whoever did that ordinance in the '90s didn't look at the the plats of land and the buildings um and as a person who previously worked with the stock member that helped Mr Benjamin um miscommunication was a common occurrence and so I fully believe that he was told that it was not going to be an issue and he would not need a variance because yes despite basically my understanding at the time we Grant the Vance so he probably would be allowed to have a screen enclosure I didn't even occur to me and you know and I'm supposed to be on the board as Vice chairman I didn't I didn't think of that and at this point everybody else in the whole city gets to have an enclosure except for him well that's not true yeah that's not true that's not that's a false statement because if somebody came in and said hey I want to build a existing pool that's already there yeah and their sidey yard and that's an accessory structure and they'd have to come before us even if the pool was built in the 50s you know under the old code we'd still have to approve it and there's nothing saying that you have to have a screened enclosure I mean I pref I don't prefer having a screen enclosure if I had a pool I don't have a pool because they're a lot of work but um test to the yeah I'm just saying I mean nobody's entitled to have a screen enclosure in their sidey yard because that's the way the ordinance in the zoning was is written and we have to uphold that so yeah well that's where I've got a little and I actually wanted to ask the City attorney um if you don't mind do if if the board made a mistake or if it was a misunderstanding or something like that happens is there a way to correct that I mean is it possible to amend our original order is there any options there or or is this what we is this where we are you you can't amend your original order right or wrong you granted him a pool okay but and you so but you have to look at the the request now two years later for an enclosure as a completely separate application and a and and a completely separate set of circumstances understood I just wanted to make sure there was not another option I I assumed there was not but I did want to ask the question so the the reason it was approved originally was because of the Oaks this board approved it due to the land we approved the a power line running yeah and the power line I actually was not here for your case so I wasn't in attendance at that meting I must have been absent that day but so it was approved for that reason so if you were to apply right now and Mr Hall you may be able to answer it if you were to apply right now for a screen enclosure for that same spot that we already said would not work for a pool we would deny we would approve it for the sidey yard just like we approved the pool because he can't put elen ey on the back due to the land no he could they' just be a smaller than I yeah so are many there are often cases heard by Boards of adjustment that Grant pools that are larger than they're supposed to be or in a place that they're not supposed to be and often times a condition on granting that variance is don't ever come back and ask for a pool screen enclosure because they don't want they're granting one thing that is not permitted and they don't want to exacerbate that sense I was uh not aware of some of the process with the grant this is the first time I've gone through a variance process this past uh you know year when we did this in 2022 I did not realize that this would be a separate process which is exactly why I applied for the permit I you know went through the paperwork with the contractor signed the contract gave the deposit because I didn't think that this issue would resolve uh be an issue um also if there I don't know if uh if if you can see the the screen anymore but now that there is an existing wall um along the front facade of the house I'm not sure and if I would were to apply for a a building permit to add an addition onto my my home um along where this purple line is here kind of difficult to see here but uh which by the way the the the pool enclosure is 36 ft behind this existing wall which is now the front facade of the home uh there's a courtyard in between and then there's uh tall foliage um if if I would apply for that and build a structure there w w would that be approved and um and if so would that then create th this area would that then be considered a backyard exactly I think I think we had that same discussion when you're here before like you know if if the house were shifted you know when does your sidey yard become your backyard yeah CU if I have to go that route maybe yeah we've had that we've had that discussion before when does your sidey yard become your backyard and where does it start and where does it end and who's to say what a side yard is and what a backyard is and um yeah cuz it it is a an odd-shaped the where way the house is position positioned on the land is is unique unique you know per se typical usually people build right to their setbacks or 10ft setback on one side and 10 foot setback on the other side and not have such a large front yard so yeah it is a unique feature of that lot and I and I do believe you know I I I can only surmise the original intent of this ordinance in the '90s but I I I imagine it has something to do with visibility of of somebody's pool from from the street I've tried to minimize that as much as as humanly possible with both uh the the creation of this concrete block wall in the front of the home and and there's also as Malik mentioned there is uh a fence at 36 ft behind the wall that also obstructs view from from the street as well as uh the for that completely surrounds the pool and then on top of that there would be an additional barrier with the uh screen enclosure if approved all right do we have any other discussion can you give me the the paper I gave you James we were on the board in the 90s yes thank you I'm not part of this discussion I do have something additional to add um just just I guess food for thought we do have conditions set if it were to be granted so try go to the podium to read them or do I can I read them here um I'm I'm okay if you read them there as long as he's if if they can if he's got you on camera everything make sure so we're good all right so if it were to be granted the conditions there are three conditions uh listed as such the pool enclosure as generally shown on the site plan date stamped June 24th 2024 by the planning division must not exceed a height of 13 ft condition two a new boundary survey of the subject property must be provided at the time of Permitting and condition three the pool enclosure must be located no further than the perimeter of the pool decking so there's some conditions to consider thank you and all those are considered in your drawings uh yes I I I believe that the original plan uh had the height of the pool screen I believe at like 138 something along those lines oh is that what it was your current building permit application is 12 okay thank you uh I I thought it was which one I'm sorry somebody needs to turn their mic on I'm not sure okay sorry sorry sorry sorry on his current building permit application the peak height is 12 feet and 6 in and the lowest height is 8 ft so it slopes from 8 to 12 six yeah yeah yeah and it and it goes straight down it's not it's not one of these um can't recall the name of the kind of pools that have the Peak at the top it just go straight down so it's like minimal visibility um but yes and and it would not ex I mean it's just over the the ex decking of the pool as uh Mr Hall uh stipulated so do you would do you agree to the three conditions I would uh yeah because that that was on the plan the height was on the plan um the perimeter is on the plan and I'm sorry what was the third condition a new boundary survey ah a new boundary survey M okay so I would need to get a new boundary survey okay if that's what can push this through I'm happy to do that Mr Benjamin I will ask this too is there anything else that you think you're going to need with the pool in that area so so we can address it now sir I hope that this is it and I hope never to have to bother you again on these issues slide board yeah that well well I am asking I mean I don't know if you have any future plans I mean I said that you know in a little bit to but I did want to clarify because I don't want to I'm like you it's not that I mean I enjoy seeing you but I don't think you want to do this the third time anymore than we want to do this the third time so yes sir that's correct um so is there any any potential of anything else you think of you're going to do in there because um I mean there was like I mentioned the you know not regarding the this pool no like if if there was a possibility at some point in the future of of putting an addition onto the uh the side of the house but that's a separate story and that's that that would definitely be a separate yeah without any question that's completely unlikely in in relation to the pool this is it I don't think you could you're at 40 6% of your lot coverage okay but that's what's per perme permeable cuz if if it's over the existing driveway does that matter I don't know you'd have to ask him that that's not be question I I I did notice you were at 46% cuz that's why I asked him the first question I don't I don't even know we want to open the door yeah my my uh plan is not to do anything this is you know we don't have any uh big plans at this moment regarding the pool all right anything else on the board excuse me I do have a question for Pam you mentioned a condition that's Al used to prevent um I guess applicants from coming back is is that something we could put in place here I don't know if there anyone's in favor to it I just want to put it out there well actually that's why I asked that question this was it because that's probably exactly what I that was going to be one I was going to add to if the board decides to go that direction no other Varian can be for the pool for the pool area correct and you would be okay with that I assume as well no no other variants for the pool I I can't can't think of anything else that I would need at this time uh are there any other things that people do to pools I can't think of anything your homeowner's insurance will allow you to yeah I have no look I don't I I don't want a diving board somebody else has apparently a grandfather didn't slide around the corner from me I don't want anything like that this is it this is all I would like not going to compete with Adventure Island or no sir this going to put a jacuzzi in or I I assure you I I you know I really don't want to go through this process again and uh I did not expect to go through it today um but I would love to have the the pool and closure all right board members anything else all right having examined the materials presented hearing statements from all whom wish to be heard in the board deliberations the chair will entertain a motion uh make sure you include your reasons for approval to denial from any board member regarding variance request ba 24-3 all right I move for the I motion for the that the variance requested at case number ba 24-3 for the property located at 332 Ferncliff Avenue Temple Terrace Florida be granted as depicted on the site plan represented public hearing um for a um for approval with the conditions cited by the city the three things that were proposed um and based on the upon the petitioner beating the burden of proof with required by the hardship criteria set forth in 12-72 C3 the city of temple terce code of ordinances granting variances as stated and the evidence provided this public hearing specifically that there were reasons why the spot was granted over two years ago the same reasons should apply as well as the obviousness of the debris that's gathering in the pool and also his intended use to begin with involved the screen and for the hardship being the same reasons why the pool itself was granted that location do we need to I I think we probably for the record need to State the conditions that you're I believe it was um I said it by reference I think no do we are we okay can we do we need to specifically say them or were they in attached to the report Mal the three words the additional condition sorry the three were attached to um yeah the order granting I provided to Jen I do know you wanted to add on a fourth right and that's what I was going to ask would you would you have any objection to adding your motion that the the fourth item that this would be a this would be the final final Vari variance request for this pool or the pool area yes and he agreed to that so that's what that's why so with the four conditions the three that were in the report and the fourth that no further variances for the pool be brought like be granted if they were brought forward okay all right we have a board member motion the motion requires a second is there a second on the motion a second all right we have a motion we have a second uh has been made so um all in favor of the motion is presented signify by saying I I and all those that are oppos say nay nay and so if we have a tie what do we what happens with this the City attorney normally would fail um there's been some debate in the Le in the legal department that it requires a second vote now with a motion to deny that may end up with a tie and then basically the applic the application fails so so we need a second second motion to deny the variance application which is probably us um so that one of you two have to do the motion to deny I will not be up here again I promise no no I understand that I'm just um I'm going to ask for this board so all right so I I I want to make sure that we've got the vote right can we do that again or are we done or is that already your motion was to approve with the conditions so how many let's do it by show of hands how many vote Yes to the approval with conditions yes okay how many vote no two at this especially when there's only a four it's going to require a vote of four in order to approve this so oh so okay so one vote changing is not going to change any of thing it takes all four with this okay all right so we we don't have enough votes to approve we don't have a motion to deny it it there's been again some debate that that that the application is still lying on the table it did not get approval therefore you need to do a motion to deny it can can I ask a question and you don't have to vote for the motion to deny it but there needs to now be a motion to deny it quick question from the applicant is there anything else that I can stipulate that would allow this enclosure to be built I'm trying to do everything possible within the the realm of the law it as Mr Longworth mentioned this should have been part of the process I did not understand at that time in 2022 that it it was otherwise I would have included it in the initial vote which I understand would have had the same hardship that was already determined so I'm I'm not sure you know why at this point we've gone through you know all of the process of coming back in front of the board uh to to get this right this time um if I had that I would have a pool en closure right now today all right uh yeah cuz this is the the difficulty with this is and I know it's the same position you're I don't I think either one of us wants to sit here and say no I absolutely do not um unfortunately the way the rules are written the laws and ordinances and everything else it uh which is what that's why I was asking the City attorney earlier if we had any other options other than to take this as a standalone application that's what's creating the difficulty here it's not a matter of what we want to do it's a matter of what we can legally do uh and and I know you understand that and I appreciate it and I'm and I'm I'm sitting here trying to figure out a way that we can do this but uh I don't so we're going to have to so somebody has to make a motion to deny is that what I'm understanding yeah one of you has to do it right and and if that is the case is there any other recourse regarding this uh issue I'm happy to do whatever you know the when I left here last time there was a stipulation put in place for the wall I didn't originally intend for that to be included in the ordinance uh I wanted to do exactly what this board asked in order to make that happen construction of concrete block wall and then and then you know fo out the the the the facade to make it match all of that construction of the gate none of that was cheap I'm trying to make sure that I'm going through the the proper process here it was an oversight as was mentioned that this was not included the first time around but my understanding based on upon conversations with City staff was that this determination would include that I didn't realize that it wasn't in the order until this year when Michael Sherman emailed me that I'm I'm I'm happy to you know make sure that all of these stipulations that Mr Hall put in place are uh you know followed to the t uh again I don't want to you know come back and bother this board ever again I don't intend to uh but I do feel like this is uh you know an issue where I'm I'm a resident and trying to you know do do the right thing uh and I'm I'm you know in a position where I might be denied based upon uh you know and also too think about the the situation if there is we we don't know where the city council is on addressing these issues but my understanding was two years ago this board asked the city council to address them I don't know where they are at that process if there is some sort of of law that you don't feel is just or you don't feel is correct and we and needs to be arranged do we just keep having people penalized who are requ or or do we make a change and this is why this board exists is to make that uh change possible and you know I'm I I who knows if this is denied I have to recalibrate my plans on whether or not I go home and tell my family hey this isn't going to happen we might have to sell the house because I'm committed now to cleaning this pool on a daily basis for the rest of the time we own this property and so I have to figure out if that's what we want to do and at some point as I get older or as you know you know cost rise into because I we don't have a a pool cleaner right now I have to figure out if that's the case and and I don't I I don't want to do that I I don't think that that that is the right move we love the community this is closed so I don't know why we're listening to further argument on this is now in the perview of the board are we allowed to talk as the board you're allowed to talk as a board also I guess if looking to the Future to answer the question perhaps waiting till Council does consider changes in the Land Development code and in the meantime there's such a thing as retractable pool covers so you know I there there is that option to wait for that also if the applicant doesn't like the way this goes if he feels that he meets the criteria criteria for it he can also file a petition for R assert with the circuit court and argue it there um for the board I know we I mentioned this earlier and you had stated that like you could build a lanii back here just a very small one could you actually build Eli with those two Oaks there and the power line because of the roots and stuff so I'm just wondering if that is a true you know like oh those are land right those two Oaks and so I'm wondering with the roots it says it's a 48 in lo I would imagine the roots on that thing are we had a it was pretty significant so that's what I'm just saying like is it an actual hardship because could you build a Leni there at all I think the question is is that it's having a Leni having a I don't think there's any hard yeah that's the hard that's the part it's it's the Leni is itself is not a hardship I see what you're saying I see what you're saying and that's that's that's where I'm struggling too if if I I understand all of you know everything that's been said but that's the hard part is and I go back and look at what we are allowed to do and what we're not allowed to do and I try keep that as as accurate as I can I I feel like the LA Bank commercial where they say do you want the the pony they give the one the PO the toy pony they give the other one actual Pony because like you didn't ask and that's how I feel right now at this board because of a formality from two years ago but perhaps that is better addressed at the with the Circuit Court I mean that there was a error and that is an error that they can fix that's not an error I don't think that's an error we can fix that's an error something that a that's an error a court could fix if that's the way they determine it that there was a misunderstanding error or whatever the right legal terminology is and this isn't considered his backyard because it's on the back half of the property I could say at the Circuit Court I file motions for clarification they get granted by the judge I do this in my daily practice it's we don't have that recourse option but that would be available to me as an attorney filing St at the court would be like a motion for correction I have 15 days to do it after a hearing um you know so I just feel like the LA being commercial I'm just saying if you split the property in half technically it's on the back of the property and and the the wall is now does the ordinance say behind the home behind a home or it says the rear of the property you mean like the ordinance or the ordinance oh sorry yeah the um the order it has to be to the rear of the property and the rear of the property oh your mic's not on it has to be to the rear of the property and the rear the property a rear yard is defined by the rear most point of the home under current regulations so if if I were to build uh an addition behind that wall um would would would that uh help designate what is the backyard based upon that it would not cuz has to be the rearm most point uhhuh so the most rear wall of your principal structure will then Define where the rear yard is and that's the that's where you the basis of the original exact was granted exactly um and the other thing that Mr Hall brought to my attention is that you know when when this board two years ago granted this um and asked the city council to deal with these issues my understanding is that the issues that they're reviewing in regards to accessory structures are not going to address this particular issue so you're waiting is is not something that necessarily will do much I'm going to have to stop because I I City attorney corrected me earlier and she is correct that we've closed the hearing so we can't really get into more testimony um I'm so I think at this point we need a motion to deny um I've never actually done this am I allowed to make the motion if nobody else does or do I have to have a non chairman do it generally the chair does not make that's what I okay yeah well I thought so but I didn't know what the would have to hand over the gavel to somebody else to be the chair while you okay that's that's okay went so I can't make it um or we can approve with different conditions correct correct make a motion to approve with a different M do you have any conditions that you feel would [Laughter] suffice do you I are you Pro it well if I correctly anybody I mean except for me anybody can make a motion that you know I I I agree with that I was trying to think of conditions but but I mean based off and that's why I asked if it's the back half of the property is it the rear um because if you split it down the middle it's the rear but if it's we're going based off of the definition then it doesn't yeah it doesn't apply so um it's an Al Leni is an accessory it's not something that is required so we can't yeah it frustrates me CU we all know in our hearts it doesn't matter to us or to the city if has the thing this is a formality and it's something if he would have asked for it 2 years ago he would have gotten it but because the bureaucracy of what we're doing we're supposed to deny this now because he didn't ask and truthfully he met the criteria two years ago and you know the first the reason I asked that first question I asked to Mr Hall was he's not using up any more land it's the exact same amount of land the exact same structure it's really just L and I if you create another what if we re him to use screen no that's okay go ahead I I completely understand but um you can if we require him to use the really clear screen right all four of us are going to have to agree cuz we don't have a fifth here so we would need four can we require him to use the really clear screen I'm serious it's less noticeable from the they can't see it anyway yeah it's not about visibility I don't believe um I mean in regards to the first approval I what you said the conditions I don't think him coming back and not being able to have another variance on this should be a condition because you never know if something's going to happen I mean so and I'm personally okay if you want to remove that condition I mean if you want unting circumstances like a flood you know like there are extenuating circumstances I agree with Stephanie there but I mean putting a limit on the amount of Varian that somebody can have on I'm completely comfortable if we want if you all want to if somebody wants to make a motion remove that it's not going to hurt my feelings at all I I put it in there to try to bring some finality but if it's overstepping and it's going to create unintended consequences I do not want to do that by doing that aren't we also making it for anybody who buys this property in the future cannot also or does the variance go the variance stays with the land not with the homeowner so if somebody else bought this land and wanted to get a variance in this area they couldn't well I mean the the pool was put there very specifically because the backyard was loaded with trees and power lines correct and mostly trees and that's why the pool was there so there was strong reasoning why the pool was put there um and there was conditions with it so I mean in terms of basically asking whether or not there' be no further variances I don't care about that it's something I was doing it with to try to please the city to vote Yes cuz I wanted this to win so that's why I was willing to say whatever that he would agree with to make this work um but I don't care about that provision I mean to me that seems kind of with the like it goes with the land and with the pool I wasn't a part of the first case so with the pool is that the only variance was just the location there wasn't setback variances or anything like that nope it was just the location from the back to the side the backyard was loaded with trees and power lines and he had to cut down like a whole bunch of trees he did make the minimum you know went through a lot of trouble to make sure it fit the minimal amount of damage put as far back as you could go um within reason it was a lot of compromise and we approved the variance we approved it for that location for that piece of land to put the pool there I would have guessed he could have put a the screen there I didn't even think about that and I mean it's it's it's I understand we're held to these Draconian standards if they didn't think of the screen back then or as I wouldn't think of it either site plans do have setbacks on them at least proper ones so yeah even if it wasn't expressed in the granting letter I mean the set the side plan is buying it to setbacks I just want to make that clear yeah no no I just wanted to see if that variance he was doing setbacks plus that plus that yeah was it layered or was it just one thing all right well at some point we're going to have to make a motion for something here so um I'm happy to make another motion for approval with without that one condition I don't know if that will impact the thoughts or feelings of the remainder of the I would be more comfortable with that motion and the previous one were saying like you know that locking into this land and for all eternity but I don't know how Stan feels yeah I I'm I'm really stuck on this one because I I I I understand what the rules say and everything else I ALS and I know the intent is for this board to be able to solve problems that the land creates but I I'm almost feeling like you know we inadvertently created this problem um that was probably just you know as you said we didn't think of it and quite frankly looking at the date when this happened I think this was our first I think it may have been our first or second meeting as a board um and and it's what's really I'm struggling with is is that I don't feel like it meets the criteria that it needs to but I still at the same time I do feel like that there is a hardship here that it's while maybe not directly created by the land it was partly created by the land and partly created by us um and I you know I'm that's why I've really been trying to sit here this whole time and come up with some way to to fix this I don't think there was anybody I agree on the board since we were all on the board at the time that would have said yes to the pool and no to deny yeah and I'm assuming you're not allowed to cut down those Oaks yeah that was the Live Oak was the that's what started the entire issue that contributed and a lot of other things happening and the oak is what's causing the problem yes I also want to just speak to you more Tom basically the part of the reason he didn't ask for it was because the then existing staff though as heay I mean we're not at that standards apparently told him he could put the L there he never thought he couldn't do that until he applied for the permit this time like this was the understanding and based off of well it's part of his presentation and we're not excluding here say technically if he said it then um he says that he was told that verbally that he could do this with the uh last experiance that he was granted um to me that's kind of to me a little bit problematic you know that to deny it whenever I mean I I like basically the city to be held by what they say they're going to do or what they say they can do and it makes me wonder if that was brought up to him at the time he would have put it in there well and I don't recall any discussion on it but I don't recall that we didn't and Jennifer if I understand correctly there there was some problems with the recordings that night they don't exist basically so we don't have anything there's no recording and the minutes didn't have much in there because I think that would have been the natural thing would have been gone back through all of the testimony that was presented and see if it was discussed um I don't recall it but that c you know but I don't recall what I had for breakfast either so you know that doesn't mean that doesn't mean a lot that recording cannot be located I've looked okay so we would be down to Simply what was in the minutes what would not have any detail because there that's that's the other thing that could have very well been in here that would fix this if there had been mention of laai but we have no way to go back and fix doesn't work here anymore and yeah and and Gus isn't here anymore and and I know this is not how we're supposed to fix things um but I you know what I'm still trying to bridge is is that this would have probably this would have been granted the same hardship exists this is a separate the only difference is this is a separate application 20 months later if this had all been together it would have been approved without any difficulty yeah um and I also wanted to point out I mean yes you have to follow you do have some discretion in how you vote too I mean this is a we're we're here to make the calls on these um about this that's what we're here for basically there is we're interpreting the law there's also some human interpretation to this with this process like we're not up here as robots this is something we have to consider the fact that it would have been improved if they would have asked for it and one of the parameters is they have to do the minimum right and he's doing the minimum and I think minim I think the height restriction was 13 ft right and he's under that yeah was that correct was it 13 ft 13 something yeah 13 in the proposed condition it is 13 ft mhm as is your choice if you would like to adjust that if you feel it is not the minimum no I just for I wrote down 32 for some reason and then I thought I don't even know where that yeah we don't need to build it that's bigger than this building but it's uh well would you can I just this is I I was just looking up what your your rules and things are and just I wanted to correct something I said it said all official actions of the board shall require an affirmative vote by no less than three members so if you get three one way or the other Tony would you like to make a motion or basically repeat the motion without the fourth uh condition or however you I'm not going to put words in your mouth but uh that's fine I just haven't done a motion actually the whole you need the sheet or I have the sheet I just want make sure I have the address and all that R more okay um I move that the variance request for case ba sorry 24-3 for property located at sorry trying to find the right address uh 332 Fern Cliff Avenue be granted as depicted on the site plan presented at the public hearing for a Leni based upon the petitioner meeting the burden of proof with regard to hardship criteria set forth in section 12-72 C3 of the city of temple terce code of ordinances for granting variances as stated in the evidence provided in this public hearing specifically that um the based off of the previous approval of hardship for the pool that happened in 2022 and because of the miscommunication by City staff I propose this with the conditions uh the three conditions stated in the city report all right does the motion have a second a second okay everybody say all right uh let's raise our hands this time I just want to make sure so we get that um all in favor please raise your hand all opposed thank you Mr Benjamin go building an i sir thank you for your patience GRE inclosure is different I'm sorry not don't build a i excuse me that's for The Golden Girls closure yes sir um Mr Hall you mentioned the survey can can you repeat what what exactly because I I'm going to start that process like tomorrow it's on I think it's after the fact it's it's on the granting but um it is a new boundary survey at the time of Permitting oh so once once this has been constructed no no at the time of Permitting like the permit process right now you already have a a bu building permit application in so you would need a boundary survey to continue that okay so that's the The Next Step that I need to take is get a per get a uh survey and then add that to my application and then this would be approved I I would not put it quite like that if you abide by all those um conditions in the granting and I review it further okay just just to be clear the conditions in the there's a 30-day there's a 30-day appeal period you can do what you wish once you get your permit but I suggest you not do anything that's going to cost you any money until the 30-day appeal period is over because if a neighbor or somebody wants to appeal this granting the okay so the existing plan that you have with the height uh is um as stipulated and that's that's been approved the survey and the perimeter of the pool and you have all of those plans already in place I just want to make sure that I don't have to go back to the drawing board on anything I would like to address this under the building division right now this is under a a board of adjustment scenario so I don't know if I it's it's like it's like it's it's like two it's like the same hat but I got to switch it so I I really not would like I would like not to talk about building permit um things during the time of a variance and and I'd like to go ahead and if you I appreciate the questions I'd like to go ahead and get the meeting done um because we've got a lot of other people here too and then you I mean obviously you all are welcome to carry on this discussion at your all's Leisure but uh I'm going to go ahead and move the meeting for just because of the hour um so there is there any new business that any board member would like to raise all right old business there there any other old business be business to be brought before the board all right if not the next meeting of the board of adjustment will be September 26 2024 at 6:00 p.m. if needed that's correct okay uh if there's no other business to be brought for the board the chair will entertain a motion to adjourn I motion to a second second all in favor say I I I the Temple Terrace Board of adjustment meeting for July 30th 2024 is adjourned with the thanks for all of those who participated all right [Music] [Music] [Music] [Music] [Music]