e e think everyone welcome to the board of adjustments and appeals meeting uh we are going to start our meeting um I'm calling into order now but we're going to start it with a pledge of allegiance okay yep so if everyone would please stand and say the Pledge with us flaged States indice all right roll call please chairwoman Smith Rodriguez here Vice chairman Taylor here member vanen here alre member green here all right we have a quum we are good to go um council is now a good time or should I okay you want to do the minutes first yeah I can do the minutes first all right folks um on our board if the minutes from May 29th 2024 look good to you I will ENT Ain a motion to approve the minutes a motion to approve got a motion second I have a second all in favor I I and none post all right um so I'm going to read a little blurb to our audience and then after that our council is going to give a statement to our applicants so I want to check on a couple of things um there's a lot of you in attendance today all persons who anticipate spe speaking on a public hearing item must fill out an oath card to be heard on that agenda item and you have to sign the oath contained thereon those cards are located at the table near the entrance to our Council chamber or you may obtain them from our recording secretary so if you didn't do that yet you can you're welcome to do that now um this meeting will be conducted in accordance with the procedures adopted in resolution 24- 1997 those speaking in favor of a request will be heard first those opposed will be heard second and those who wish to make public comment on the item will be heard third an applicant may make a brief rebuttal if necessary the a representative from either side for or against May cross-examine a witness anyone who speaks is considered a witness if you have photographs sketches or documents that you desire for our board to consider they must be submitted into evidence and they're going to be retained by the city and you may submit those exhibits or documents to our recording secretary all right so again if you didn't sign that oath card please take take a chance to do that now I'm going to turn over to council for directions and information to our applicants thank you um just for everyone's information who is present as well as the board members who may need a refresher the board is typically held of five positions we have five regular members plus two alternates three total people are absent today resulting in four members sitting up and voting today and I will read the section of the board's bylaws regarding Quorum for the purpose of transacting business at any regular meeting four members shall constitute a quorum and an affirmative vote of four members shall be required to pass on any matter except that an affirmative vote of three members shall suffice to pass on a motion to deny a request for a variance so that means that any variance approvals requires all four current sitting members to vote Yes on the item otherwise the item will be deemed to have been denied if any applicant chooses to defer the hearing for tonight to next month that is your choice but you'll be required to pay the cost of read advertising and once the decision is made by the board the decision is final and the applicant cannot reapply for the variance and for one year thank you Council all right getting back to our particular agenda items um I already talked about the oath card um have all the items been properly adver ized yes all items have been properly advertised thank you and to our members have any of our board members here visited any of the sites or spoken to any members of the public regarding these items tonight no no no and I'm a no all right we have no consent agenda nor do we have any old business so we're going to move right into new business regarding variance -224 at 5576 Andrea Street which is found on I think page eight of our PDF staff all right the variance request the applicant requesting a variance to the Land Development regulations Chapter 30 section 30- 321 plant materials section 30- 321f to allow the use of a prohibited material in the form of artificial turf for a property located in the multif family high density R3 zoning District at 5576 Andrea Street Titusville Florida 32780 as submitted by Chen cenan registered agent for arch rental Solutions LLC owner the subject property is approximately .16 acres and the lot is rectangular with primary Frontage along Andrea street so for the powers of the baa ldr section 34226 states that the board shall Grant a variance request when in the opinion of the board of adjustments and appeals owing to special conditions the literal enforcement of such ordinance or regulations would do manifest Injustice to or impose an unnecessary hard ship upon the applicant in order to authorize any variance to the provisions of such ordinance the board must consider the following criteria a special conditions and circumstances exist which are peculiar to the land structure or building involved which are not applicable to other land structures or buildings in the same zoning B special conditions and circumstances do not result from the actions of the applicant C granting the variance requested will not confer upon the applicant any special privilege that is denied by ordinance to other lands buildings or structures in the same zoning District D the literal interpretation of the provisions of the ordinance would deprive the applicant of Rights commonly enjoyed by other properties in the same zoning District under the terms of the ordinance e the variance granted is the minimum variance that will make the possible the reasonable use of the land building or structure F granting the of the variance will preserve the spirit of the ordinance and remain in harmony with its general purpose and intent G in granting the variance the public sa safety and Welfare must be assured and in h in no case shall granting of a variance result in a change of use which would not be permitted in that zone the applicant is requesting a variance to allow the use of artificial grass in place of natural grass section 30- 321f of the Land Development regulation States synthetic plants prohibited synthetic or artificial material in the form of trees shrubs Ground Covers vines or artificial turf shall not be used in lie of the plant requirements of in this section The Bard County Property Appraiser website shows The Patio Home was built in 2007 as part of the Summerwood Villa subdivision the plat for Summerwood Villas was created in 2006 in 2006 this lot was approved for a patio home in the R3 zoning the lot contains a 5- foot public utility and drainage ement on the sides a 5-ft public utility and drainage easement along the front and a 7 foot public wide public sidewalk and utility easement with an additional 10-ft landscape easement along the rear as shown on the submitted site site plan the owner is requesting to place the turf in the front and the rear yard the turf areas drawn on the site plan will not encroach into either easement the lot is within the area of critical concern and has a maximum impervious coverage of 51% according to the submitted survey the lot is currently at 39.9% of the maximum perious coverage the applicant has not submitted the product specification showing the permeability rate for the type of turf used without the product specifications staff are unable to confirm if the proposed artificial grass would be considered perious the lot does not appear to have any special conditions or circumstances that are peculiar to the land that would create a hardship that would prevent natural Landscaping staff recommend denial of the variance there are no special conditions or circumstances which are peculiar to the land that would make it different from similar Lots in the subdivision the request is a self-created hardship the applicant can meet the literal interpretation of the ordinance and denying the request will not deprive the applicant of Rights commonly enjoyed by other properties and the variance request is not the minimum necessary to make possible reasonable use of the land thank you Council I noticed um the next variance same street it looks like it's the same issue can we address them both at the same time having the applicants come up one at a time but then making a decision on it independently it is the same applicant um if staff wants to also present number 10 and then you can talk about them collectively I would be okay with that is it the same language on number pretty pretty much the calculations for the impervious that's currently is the same but we also did not receive the um product specifications for the other variants either so it's pretty much you want the um but I can read the analysis the whole analysis the specific the parts that are different definitely need to be read yeah okay then um just for record purposes um regarding variance number 10224 at 5546 Andrea Street U I'm going to turn that over to staff as it is a it's the same request with slightly different um analysis I will also add though that you'll need to have a public hearing on each of the decisions items before you come to a decision on either one so that you allow the um Community an opportunity to speak on each item yes okay so for variance 10-22 24 for 5546 Andrea Street the subject property is approximately 02 acres and the lot is rectangular with primary Frontage along Andrea Street uh that is the same the lot has the same utility 5 foot um public utility and drainage eement on the sides 5 foot along the front 7 foot public side Sidewalk and utility easement with an additional 10ft Landscaping along the rear the site plan will not encroach into either easement as the a Turf areas drawn on the site plan will not encroach into either easement the slot is within the area of critical concern has the maximum perious I coverage of 51% according to the submitted survey the LW is currently at 38.8% of the maximum impervious coverage um but again the applicant has not submitted the product specification showing the permeability rate for the type of turf used and without those staff are unable to confirm if the proposed artificial graph would be considered pervious the lot does not appear to have any special conditions that would create a hardship staff recommend denial of the variance and there's no special conditions all right thank you for the that um bringing it back to the board now do we have any questions that we would like to ask staff regarding those two variants and the analysis was um per did staff ask the applicant for what type of turf was being used whether it was could percolate or not yes I have um had a few conversations with the applicant requesting um the product specifications so that we'd be able to complete the calculations and then um additional pictures of the site plan and things like that to help with the determination but they were not provided thank you okay seeing no other lights on for staff uh our first card please a cheyen casian come on up what is your name again shine shine shine come on up need do I need to press a button or is it you're already on go ahead and state your name and address first please uh my name is shyan kashanian the uh address that I am living at currently is 320 Jenifer Drive uh so uh I apologize this is my first time here um so uh yesterday I did send in all the specifications regarding the other product information and whatnot I apologize I understand that I was called about two weeks ago sending in updated information regarding it but I've been in the process of going through to a new job so a lot of uh a lot of extra stuff has been on my mind um so uh based off of the first ticket that we received um it was stated that we were not allowed to have any artificial plant uh but um to my knowledge plant uh has a different distinction uh compared to Turf uh plant is is really compared uh comparative with trees and shrub and whatnot Turf is considered ground cover um uh really uh the main thing that I wanted to come up and prove is um this is the turf that we are using uh for the backyard and both the front yard and it is completely uh permeable through the back uh it allows water to go through no issues at all and this is an example of bad Turf that we did not use that really only has two drain holes that allows water to go through this could probably cause flooding in a backyard if it was used anywhere else um as okay all right yeah all right hold on um any questions from our board when you turned in this information does it have any specifications on it or did you just uh there are some uh there is some product information on the back of it on this and I do have uh an example of the uh the receipt uh for purchasing this that gives uh a little bit more explanation on what uh this product is um but I I wasn't really even uh able to get just a full product description of it and I went to the the same store at which this uh turf was purchased for so um if if you'd like to take a look at the back of these to get a little bit of information on it or whatever I can also show you guys the receipt that gives a little bit extra uh explanation on what this uh product is well you said you turned in this to the staff when did you turn this in I did turn it in yesterday but as stated before that I was in the process of going through a new job I've been doing a lot of training for this new job so a lot of extra stuff has been on my mind and I understand that uh one of the extra things that that was asked was an updated uh survey map uh because uh not only is there a Turf in the backyard there is a a l layer of brick right in front of the uh the back door but it's really just kind of like a small platform it doesn't cover majority of this backyard at all all right thank you any other questions are you the owner of both properties on and uh both myself and my brother we have a small rental company okay is there is there a um HOA uh there is yes do they allow Synthetic Turf uh there have been uh nothing that I've been aware of saying that they uh allow or don't allow Synthetic Turf um the the only thing that really popped up was just the ticket from the uh the uh the uh ordinance enforcement ah so I don't know who went into the backyard and got a look at it I don't know who you know some submitted a a complaint regarding it so it just kind of appeared on that issue I have a question for staff I read recently in the last month or so that the HOAs did not have the ultimate say and whether or not turf was allowed that it would be up to the city that's correct that's correct okay thank you all right thank you sir is there anything else you want to share um no uh it is regarding both of those uh those addresses 5546 and 76 it is essentially the exact same issue understood thank you for that all right you can have a seat um for those in the audience how many of you all are intending to speak on this item okay Kim yes that is Mr grass come on up is that yes Cloud sorry come on up to the podium please state your name and address first yes ma'am I student gu my name is Joel CLA my address is 5546 Andre street at the property one of the properties that Shan uh is regarding uh I was born and raised here my dad was a landscaper um so very much aware we've lived there for about a year and a half uh I have a seven-year-old a three-year-old um not only do we absolutely love the sorry had a picture for you guys um not only do we absolutely love it it does drain very well in fact weeds will come up uh through some of the areas am I allowed to show you guys a picture of the back back backyard y yes this is the backyard I know you have to hear me um but yes just you know especially with three-year-old and seven-year-old not having to wor about weeds other things like that it is actually a great pleasure to have it back there um as you can see you know we we use it and we greatly enjoy it and um I've like I said been born and raised here I'm a Sunday school teacher at the Grove Church and uh I don't have proof that it drains well and I know that he he showed you that but it it does drain very well um and like I said my dad was landscaper here so um I I know what would work and would not work and and it it works very well as far as that concern which is my understanding is the main concern for why it would be denied or approved um so that's what I came to speak about all right thank you are your comments applicable to both the variances on Andre yes I've I've been I've been to both both houses we used to know the people that live there before us like I said we've lived there for a year and a half now um and you know it's especially when it's you know hot it's actually cooler and just a lot easier for the girls to on their feet then um you know St Augustine floram or Bea would be um in regards to that so okay thank you don't go anywhere any questions from our board no all right thank you sir you can be seated okay thank you Miss skim that's the last one on that item are there any cards on the next item uh Varian no okay all right so closing both public hearings on both variance requests I'll bring it back to our board for discussion amongst ourselves or any additional questions of staff and when anyone's ready we'll do individual um motions to approve or deny question I could staff ask the applicant who he turned in this information to by yourselves please yeah I one like would you all have it did you get it yesterday no applicant if you could come back up to the podium the staff didn't receive your information that you provided yesterday could you just indicate where you provided it to or how you submitted it through email to Tabitha Armstrong I mean that's that's me but I don't have anything received for maybe scam so okay just double check your double check your email when you sit back down make sure you got all typed correctly and then we'll check it over here okay thank you so I know we've been through this artificial turf discussion a couple of times yes we have um a couple of times so generally speaking you know it's in the backyard didn't really have an issue I think this is also in the front yard it looks like it's a smaller bit it's permeable it looks nice um I don't think city council has or the code has been updated in any sort of fashion although I think we've made a request maybe like a six-month break or something so any other thoughts I'm concerned about turning it down not knowing that this material is perable that it does allow water to penetrate uh I suppose we could have a demonstration you could also demon you could also condition the variance on those permeability requirements all right that we could you know receive after the hearing and then if the criteria that you specify matches what he's put down or what would be allowed to put down then that would be what the variance could be based upon if you want to have that as specific criteria does that criteria exist in the on previous Turf um variances we have been able to assess the permeability with the engineer um the city engineer to look at the product specs to determine whether or not it has imper if it would be considered impervious or not um and that's been in previous staff reports but we just weren't able to do that with this one so yes I would imagine that he would be able to look at those specifications and make that determination I would also recommend it for the furtherance of the variance in the future if it flooding issue ever were to arise then that variance would be utilized to ensure that permeability is maintained all right any other questions comments question there was a submission of permeability rates on one of these variances but not the other not this set of applicants not this set not this this the previous um Turf requests we've had at other meetings not not either of these I have not received any specifications for either of these n or 10 so it sounds like the biggest issue is um getting proof of its permeability yeah yes okay all right I I see a hand waving in the back so I've closed the public hearing but you seem so passionate about speaking so why don't you come back up to the podium I I just realized a few weeks few months ago when we were going to church it was pouring rain in our house our neighbors yards were flooded completely and ours was not cuz there is a little bit in the front there was a little bit in the back once again I don't have proof but you know it okay it really does drain well and occasionally I have to pull weeds out of it because it's so permeable weeds will grow through the mat all right so dly noted just my dad that Sor thank you for that all right um if we're ready to have a motion regarding we'll start with -224 I'd like to make a motion to Grant the variance with a stipulation um that we receive the um the uh specification showing the permeability rate for this Turf once that's received then and it it it's approved and I think we can go with so if I'm understanding correctly the motion would be to Grant the variance on the condition that it meets the city's permeability requirements yes okay so that's our motion do I have a second I'll second that I have a second any further discussion no all right roll call please chairwoman Smith Rodriguez yes Vice chairman Taylor yes member van D yes alternative member green yes okay that takes care of um -224 at 5576 Andrea Street um so now moving on to variance 10-22 24 at 5546 Andrea Street um we've already had the discussion any further discussion no um I'll entertain a motion when ready okay uh with reference to to variance number 10224 5546 Andrea Street um make a motion to Grant the variance with stipulation uh of proof of the permeability of the turf okay we have a motion to Grant the variance with the condition that the permeability meets the city's requirements do I have a second I'll second have a second um any discussion NOP roll call please member van diven yes alternate member green yes chairwoman Smith Rodriguez yes Vice chairman Taylor yes okay so both variances have been approved but um sir please be sure to get with the city about the specifications and permeability because that's condition this is conditioned on that okay so get with the city so other than just the uh the really the pictures and the emails well I'm not going to get into any of that not my department but that's your department so after you leave here maybe tomorrow morning you can get with um Miss Armstrong and squared away okay okay all right you're welcome to stay you're welcome to go have a good night all right folks we are going to move on to the third agenda item which is variance 12224 found at 4175 Hickory Lake Court the excuse me for variance 12-22 24 4175 Hickory Lake Court the applicant is requesting a variance to the Land Development regulations chapter 28 section 28-3 303c to allow the rear setback to be less than the required 25 ft for purposes of constructing a room Edition for property located in the single family low density zoning District at 4175 Hickory Lake Court as submitted by Tracy Beerman and Casey Kaye Beerman owners the subject property is approximately 045 Acres the Upland portion of this lot is zon single family low density r1a and the portion that extends Eastward into Hickory lake is Zone open space in Recreation or o these Upland Dimensions meet the minimum 7500t lot area and 100 lot foot lot WID for a single family home within the r1a zoning District the Upland portion is square in shape powers of the ba stated earlier remain the same so the applicant is requesting a variance to reduce the rear yard setback in the single family low density zoning district from 25 to feet to 20 ft in order to allow a 439 foot enclosed Edition to be located at the rear of the existing house building permit records show the home was built in 1991 in the Hickory Lake subdivision the property has an unusual shape in that the property boundaries in the rear of the home for um the property boundaries in the rear of the home form a scaling triangle and terminate in a point in the middle of the lake the 100 by 100t up Lin Square where the home is located is Zone single family low density the proposed addition will be located entirely within in the portion of the property zoned r1a however the applicant states that a variant required to reduce the rear setback from 25 ft to 20 fet because of the proximity of the existing home to the Rear Lake staff recommend approval of the variance there are special conditions or circumstances that exist which are peculiar to the land the property is in irregular shape the rear yard includes a triangle portion of the lake which is currently zoned o and granting the variance would not provide granting the variance would not provide a special privilege that is otherwise denied by ordinance the variance is the minimum necessary that will make possible reasonable use of the land building or structure thank you any questions to staff not yet all right Kim hi Tracy Beerman Tracy Beerman is that this one yeah welcome please state your name and address I'm Tracy Beerman I'm at 4175 Hickory Lake Court and uh I'm the homeowner and the applicant and so I'm just here to speak in support or answer any questions you may have okay um did you have did you want to tell us something first or you just want to take question I would say that the the U the existing or the addition we're going to make is not going to increase the setback there are portions of the house that's already setback U so it'll it's actually going to match that setback and then also the setbacks of of both neighbors are actually in line all three of the those houses were built originally to the same setback so all right thank you sir uh any questions Mr Beerman this from looking at the photos this what an enclosed porch or something in the past or the the enclosed porch stay an enclosed porch no it's the portion that's uh cut out behind the garage it's actually a lawn right at the moment oh okay here okay but it it extends stopping where the porch is now right so it'll match the back of the porch match the back of the porch okay that's thank you page 55 might be a little easier to see yeah the next page all right any other questions to our applicant Mr Beerman no all right thank you sir thank you next that's the only one for this item okay um I'll close the public portion of our hearing any discussion or amongst the board or questions to stop see see none um if someone is ready I will entertain a motion regarding this variance I'll make a motion that we approve variance number 12-20 24 at 4175 Hickory Lake Court uh to allow the setback to be changed from 25 to 20 feet okay thank you I have a motion do I have a second a second I have a a second any further discussion no roll call please alterate member green yes chairwoman Smith Rodriguez yes chair Vice chairman Taylor yes member van D yes okay Mr Beerman that's it congratulations your variants passed uh we'll get some paperwork out to you you're free to go or you're free to stay have a good night all right moving on to variance uh number 15-24 located at 5435 River Edge [Music] Drive variance 15-22 24 5435 River Edge Drive the applicant is requesting a variance to the Land Development regulations chapter 28 section 28-31 91 G2 to allow less than the required 10-ft sidey yard setback for a pool enclosure for a property located in the single family medium density zoning District um as submitted by Kevin and Bridget Z owners the subject property is approximately .5 Acres the lot is rectangular in shape with a jagged edge along the shoreline of the Indian River Lagoon the lot has approximately 90 linear feet of Frontage along River Edge Drive these Dimensions meet the minimum 7500 Square lot foot lot square foot lot area and 75 ft width requirements of the r1b zoning District powers of the baa continu stated earlier the applicant is requesting a variance to the Land Development regulations to allow for the construction of a pool enclosure with a side setback less than the required minimum of 10 ft the applicant had originally requested an 8.8 sidey yard setback for a pool enclosure but after staff review has been determined that the applicant will need to eliminate the sidey yard setback to place a place the pool enclosure along onto the existing decking The Bard County property appraiser website shows that the house was built in 1983 the property was annexed into the city in 2006 the pool and decking appear to have been placed on to the property prior to being within the city's jurisdiction the applicant's 2020 survey shows there to be a 1.2t encroachment of the pool deck onto the neighboring property at 5445 Riveredge Drive staff recommend approval of the variants request to eliminate the sidey guard setback for a pool enclosure with the condition that all pool deck encroachments onto the property at 5445 River Drive are removed there are special conditions or circumstances that exist which are peculiar to the land structure or building involved and which are not applicable to other land structures or buildings in the same zoning the pool and decking were placed onto the property prior to being annexed into the city's jurisdiction by granting the variance requested the applicant will not be receiving a special privilege that is otherwise denied by ordinance to other lands of the same zoning the variance is the minimum necessary to make possible reasonable use of the property okay thank you I guess I just want a quick clarification staff recommends approval of the variants request to eliminate the sidey yard setback for the pool enclosure with the condition that all pool deck encroachments onto the property oh four 544 five okay I got it the neighbor okay um thank you questions of Staff no okay first card I have no cards for that audit okay is there anyone here who thought they wanted to speak on this but just forgot to sign oath card okay um so I'll close the public portion of are hearing um Miss Armstrong I might understand that the it already exists it's there it just needs to come into Conformity the pool decking exist they're trying to add a pool enclosure a screening around that and because of the setback requirements for the enclosure they'd be unable to place it all right can I just ask is the applicant present not seeing thank you I don't think we have to read it I can read it on Doc on page 79 of our um packet that there is a included letter from the neighbor is that what yes that's what I'm looking being um the neighbor sums up that says they are the neighbor they couldn't attend the meeting we have no objections to the proposed pool enclosure as long as all the encroachments have been removed from our property the that pretty much sums it up okay um I'll ask our board to take a look at that letter also in preparation of our discussion other than that any questions to staff or discussion amongst ourselves so if we made made a recommendation to approve we would have to I would say add this extra requirement that all encroachments be removed from the next door neighbor yes and I think that is the recommendation of Staff as well yes okay that's the that is the full recommend all right if someone's ready I'll entertain a motion Margaret's on it today um with regard to variant 15 20 4 5435 River Edge Drive I make a motion to approve the variance with the condition um let's see I got right here with the condition that all pull deck encroachments onto the property at 5445 Riveredge Drive are removed okay I have a motion do I have a second second I have a second any further discussion seeing none roll call please Vice chairman Taylor yes member van diven yes alter member green yes chairwoman Smith Rodriguez yes all right that variance is uh granted moving on to our last variance for the evening found at it's 16 -224 regarding parcel ID number 21- 35-32 d645 found on page 90 of our packet okay all right variance number 16- 2024 um uh the applicant is requesting a variance to the Land Development regulations Chapter 30 section 30-3 332 required landcape yards section 30-3 32A to eliminate the required landscape yard of 20 ft for a property located in the multifam high density zoning District located at parcel ID 21-35 d32 d645 as submitted by Eastern Capital land registered agent for sylvestri Investments a Florida owner subject property is 7.67 Acres the lot is IR regular in shape fronts Christian Court and meets the minimum lot width and minimum area of the R3 zoning uses current vacant land but um PSP 24- 0095 is currently under site plan review powers of the baa continue as stated earlier the applicant is requesting a variance to the Land Development regulations to eliminate the required landscape yard of 20 ft the landscape the Land Development regulations require a 20t landscape yard buffer when proposed development is multif family residential tables 30-8 and 30-9 of the code specify the location and width of the buffer including the amount and type of vegetation to be planted the property was replanted in 1998 establishing the 70 foot ride rideway for Christian Court there's a 30- foot public utility and drainage easement to the west of Christian Court a storm water easement along the northwest corner a 20ft public utility and drainage easement along the northeast corner and down the east side of the property proper a 30-ft storm water easement along the south of the property the applicant is requesting to eliminate the required 20-ft landscape buffer along the perimeter of the property starting from the west side of Christian Court continuing clockwise to the southeast Corner the South property line will maintain a 20-ft landscape buffer a site permit was issued in 2005 for a town home development at the site the private roadways were constructed and the utilities were installed however the town home project was never completed the applicant states that the utility storm water and drainage are already in place and they are unable to comply with the 20ft landscape buffer requirement as the existing drainage and storm water system creates a hardship ldr section 30- 337b states that landscape yard shall be shall not be included as drainage RightWay utility or other easements unless the low impact development best management practices listed in the low impact development technical manual section 11.6 low impact development incentive Matrix are utilized or such user or otherwise approved by the administrator providing that the original intent and purpose of the section is met and there are unusual circumstances provided to the administrator it appears that the applicant could utilize liid practices or as vegetated SWS to meet all code requirements without the need for a variance staff recommend denial of the variance to eliminate the required landscape yard the literal inter literal interpretation of the code does not place a hardship onto the property development proposed development and will deprive the owner of Rights commonly enjo by others in the same zoning District the variance is not the minimum necessary to make possible reasonable use of the property and the applicant May utilize low impact development best management practices and meet all code requirements thank you any questions to staff back when this was originally plotted was this issue brought up it does not appear so that it was not it in the previous site plan that was approved in 2005 um there's no notation I wasn't able to find anything as far as the landscape buffering was the drain ad easements were there um there's a landscape plan but it wasn't as detailed in the records that I was able to find do your knowledge has any of the um requirements changed since that time to this time I'm not aware of any it's possible that the landscape buffer requirement came in after the fact but I don't know know that for certain Eddie the liid ordinance came well after oh L did I'm I'm talking about the landscape buffer requirement has ownership changed from 2005 we looking at the same owner then is now I do not yeah believe it's different I do was wondering what Mr Taylor was asking if if the landscape had been done as it's proposed now back in 2005 would it have been an issue the landscape plans and the record were not as detailed as what we review and receive today um the verbiage listed on the site plan they were meeting all of the required plantings and they appeared to be similar to what we would do now but as far as the buffering is concerned um that was not notated on the records I was able to find there's a transfer of ownership in 2009 2010 2011 and 2012 all right any other questions to staff um look at page I guess 102 where I see a red line all around the whole property is that is a particular place is not meeting the 20 ft what can I that red line area is where they're requesting to have no landscape buffer requirement so there's currently a 20 foot that would be required to be along the entire edge of the property and they're requesting to eliminate the Landscaping buffer in that red line that south portion will maintain it they notate that on the plan that there's a 20 if you zoom in a little there's 20 foot landscape buffer along that Southern Proper line but all of that red line is where they are requesting to eliminate that requirement and what are some of the low impact development best management pra best management practices um typically what we see is a vegetated Swale so when Council adopted the low impact development ordinance they wanted to provide sites with some flexibility to collocate some of these facilities so where you might have a drainage Stitch that needs to be uh cleared every so often is not intended for vegetation typically we'd expect the drainage ditch and then the landscape buffer outside of that and the L ordinance allows for collocation of those so that it achieves both functions you can have planted uh trees and shrubs to act as a screening for that development to the neighboring properties while also being used for storm water purposes um in this case the applicant has stated I believe has stated that uh this is not a possibility for this site okay any other questions to staff is there any requirement for this that this development provide a fence or a screening between that and the R1 properties next to it yes uh a screening could be in terms of a landscape buffer not necessarily a fence or wall the code does allow some flexibility to allow fences or walls um but a fence is not specifically required okay thank you but a landscape buffer is correct and so the the request is to remove that that requirement all right uh let's see who our first card is Kim fiser Kim fiser welcome please state your name and address please thank you good evening Kim fiser I am representing the contract purchaser my address is 1614 white do Drive Winter Springs Florida 32708 um I'm going to give a little bit of history on this project if that's okay um we did meet with City staff I think maybe three or four times in person I don't believe either of you hello we're at the at any of our in-person meetings but we had specific conversations on the liid and it's the city engineer because the storm water facilities are in place there's no way for us to do liid the pond is existing the ditches are existing so along the perimeter of the property um well actually the entire property has already been constructed so the streets are in the water is in the sewer is in and the storm water system is in the city of Titusville is utilizing the existing ditches and pond also as the right away drains on to this property the public right away Along Christian Court so the existing Pond and the existing ditches are there public works did not want Li there so I don't know where there's been a disconnect cuz this is the first I've heard of this um they were pretty specific that there'd be no way for us to install it that would decrease the capacity of the sh water system that's in place that they're also utilizing we did agree that um in the meeting any of the plantings that would go in the buffer and to be clear it's along the perimeter is where the storm water existing storm water facilities exist so there's it's this isn't a case where we don't want to provide a buffer it's just these storm water facilities are in existence and are being used and so we did agree that we would do all of the planting just interior to the property since we weren't we have no physical way to provide the buffer um we have I I I'm going to assume everybody here for project so I'll be interested to see what the opposition is um and hopefully we can have a rebuttal we are my client is not the current owner I have been out there several times with him and we do know there's homelessness going on out there and a little lack of mowing so please anybody behind me don't yell at us for that that's we we are not the current owner so I'm happy to answer any questions that you may have I hope that clears up what we're asking and why we're here and why uh city was specific to us in our meetings and subsequent to our final meeting in person that we could not do utilize the LI okay thank you any questions to miss fer all right just to clarify this is even though I'm seeing a red line around the whole property you're talking about just where the existing Retention Ponds are uh for not meeting that requirement is that correct and there's a ditch there's already a ditch in place going around the perimeter where that red line is as well okay so there's a so it's already there correct okay just trying to understand what's there now what was proposed in the past that was I got and from my understanding after everything was built in and then the crash in 2008 2009 they never came in and platted what they had put in the ground and so because they never platted the plans everything they done is therefore no longer permitted for lack of a better way to explain that because it never got platted so now we're coming in and instead of platting them in individual Lots they'll still look the same like Town hommes they're just going to be done as condos um in order to meet current regulation because the way it was built no longer meets current regulation it's very confusing okay so this this will be a basically a condo association correct not a individual town home where you own the dirt correct okay it will look it will look like a town home but the ownership will be a little bit different okay that thank you you're welcome any other questions okay thank you ma'am thank you before we move on to the how many of you all are speaking on this topic tonight oh just a handful okay before I get to you all I want to clarify then with Miss Armstrong in the recommendation it unequivocally says that the applicant may use Li and meet all code requirements and the applicant is saying 100% there was a discussion that it didn't happen so can you give me a little more information on how they can actually meet the code requirements by using L ID specifically so I I spoke with Public Works um to see what that was and they were stating that the city would not be maintaining like the would not handle the maintenance for that project of the vegetated swells and that there was um potentially other Li other than the vegetated swells that could be utilized so my understanding is that the city currently maintains that area and that if L were to be proposed to transition that system from a conventional Swale or ditch to a uh um vegetated soil then the maintenance requirements would we wanted to be clear would not be the city's requirement to to maintain around the vegetation that they planted to meet the the code requirement um so we still do believe that liid could be used to meet the the intent the um the landscape buffer and apply that landscape buffer within the existing um drainage easement so in a more basic Layman discussion are we talking about literally planting plants at the top part of the drainage ditch yes and in the ditch and in the ditch yes okay Miss Fischer could you come back on up please hearing that would you care to respond we we wanted to do liid so again I mean I don't want to say the staff's name we had conversations again it wasn't either you I don't know why it would have been I I'm I'm trying to be polite why somebody couldn't just picked up the phone because we have very specific conversations with public works and with planning about doing Li um from the public works perspective the L wasn't going to work from a maintenance perspective because of what's already there and then from the planning department after our last meeting they were going to go back to look at the code to see if there was a way that we could do it Li and then when they got back with us their their response was there wasn't a way for us to do the liid let's do the variants well let me ask you this if everyone gets in a room together and has a conversation a transparent conversation and it come to find out that you can plant plants at the top and inside the ditch do you your client have a problem with that no not at all we would absolutely do that so I don't know if the right thing is to table this um until next month but we're we've never been opposed to the LD it was this is the path the city staff leted us down okay it gives me a better idea um thank you for your time again thanks and you will get a rebuttal okay um Miss Kim uh John Morris John Morris welcome please state your name and address sure it's a John Morris it's 4001 anley Avenue that's Orlando Florida 32833 so I just kind of want to kind of firm up on Kim this the intent was never to not do a landscaping buffer um however we were not allowed to do it because of the liid and the way the storm water structure was imposing on the property so the way that we understood it as there's a 30 foot drainage easement utility eement on the back of the property and then there would have to be a 20ft landscaping buffer an addition so that's a total of 50 ft of um land that would encroach into the Lots on the town home community so kind of firming this up and kind of doing a full circle when we walk through this the LI that was proposed to us is not tree base but more rock base so I want the as we kind of come back and regroup there won't be Landscaping there with the liid and the previous meetings it was rocks it was kind of a gravel 57 stone base uh in the meeting when we discussed this with staff we felt that was not the right move because you would just have weeds growing through the Rocks as it is and it would eventually take over the Rock and since the HOA is not maintaining the storm water system and the city wasn't going to maintain it it would just be overgrown unsightly therefore not being ineffective and in for in fact as the grass grew through the Rocks you would lose the the the momentum that would carry the water to the ultimate drainage basin that's located on the western portion of the property so and I mean Kim can kind of back this up as well so your proposal to kind of address all issues would be what I mean ideally if we could ship the Landscaping onto the lot that would be that' be wonderful for us but according to the development code we can't put the Landscaping buffer on lot so our issue is how we were trying to get around this and why we're here today is there's no way to do a 30 foot drainage easement with a 20 foot Landscaping buffer that 50 ft just doesn't work for the property and it's probably a deal breaker for us and instead of rocks is there another option then at at meeting with staff and keep in mind this was our third meeting on this with staff there was no other way we sat there do you think there's another way do you see it in a different way you know if we can get a variance to allow us to put the Landscaping buffer on lot yes if the if we continue down having a buffer and as Landscaping yes okay and because I'm asking because when I asked staff and they're saying that even putting plants in or on the drainage ditch and you're saying the proposal was rocks can you put Plants there instead well that was our original conversation with staff was rocks because if we put plants in the ditch you would block the flow of water so if you're looking at it all the water from Christian Court comes for the McDonald's and the um Auto store runs down Christian Court into Christian Court into our subdivision then flows into the ditch and then goes well I guess if you're looking on the eastern boundary of our property it flows south to North then east to west into a ditch that's owned by another entity that we're not a part of so if we obstruct that flow it would eventually lay to flooding in the community so I just don't see that liid works for this at all I mean keep in mind these storm water systems have been there for 19 years and flowing so our intent is to clean it bring it back to where it should be because we have 19 years of growth that you know need to be cleaned out but ultimately there's you don't want to obstruct this so keeping any kind of plants and vegetation in the ditch would ultimately call probably a long a longer term problem okay thank you any questions Mr Morris and y'all would maintain this ditch is that correct well I mean if you're planning just if this is something that we can throw in the HOA docks then yeah I mean obviously that would I mean maintaining a ditch and mowing it and keeping it a storm water ditch is a lot easier than liid the burden on Li with a a small community like this is just astronomical your HOA fees would go through the roof which kind of EMB you know in this Market kind of burdens the owners okay thank you all right thank you sir thank you next Evelyn Levi Miss Levi hi hi are you for or against um well I was definitely thinking against okay well go ahead and say your name I just wanted to get my head on straight so sayate your name and address first please my name is Evelyn Levy I live at 468 Fern Avenue um so that's on the east side of this place Land Development um I'm assuming you have the site plans in front of you you have lots of things in front of us you keep talking we'll start scrolling go ahead um I I brought copies in case you need them uh the F side of of the development things are very very tight and um when I called planning I was left with the impression that the red outline around the property was going to be the buffer area um especially on the fern side you will notice things are extremely extremely tight to where the buildings are to where there is any kind of Green Space um there's also the utility easement on that side that has to be kept open but something has got to be done to protect the surrounding neighborhood um because right now I I wasn't able to find out I was told by planning they're not required to submit that at this time how many stories these things are going to be um which that's fine but it would affect the number of Stories on how much impact it has on my home the way that that the um units are shown on the site plan I believe I'm going to have a massive row of Windows on my side looking into my backyard which I would definitely not be a fan of so if I'm understanding you correctly you want to have some sort of screen and the method of planting something would accomplish your concern that would accomplish my concern now I did go back and read the uh description of how the buffer works unfortunately I couldn't get it printed up um which did um allow for there could be potentially a wall which would not eat up as much space as Landscaping but I don't know if we're going three stories up because I was told that they can build up to 35 ft um you know I'm not sure how how you can't build build a wall that tall so um and also I believe right now you don't have enough information which sounds like we're kind of maybe not going with the variance now anyway I'm not sure um but I don't think you have enough information to to make a good judgment on if the variants could go away because you you don't know how tall the buildings are going to be and you know there's some pertinent information missing in my mind so I guess that's it oh um when it comes back around to to discuss well I'm assuming at some point the buildings are going to get discussed because planning told me that that there they've not been approved officially is that correct we are only here today to address the requests regarding the landscape buffer right very specifically that is all we can't take anything prospective or address that as it comes can you tell me who or or where I can look to see when more is going to be coming up about this I can't but um I'm sure the city as a whole or staff might be able to give a generalized time I'm not going to ask them to do that now because I want to stay focused on what we're accomplishing today but if you stick around maybe can get a little bit more information yeah cuz I tried to make a bunch of phone calls and really didn't get anywhere STI stick around so um let me see does anyone have any questions for our witness it's Levi Levy or Levi Levy Levy any questions for Miss Levy no all right thank you ma'am all right thank you next card okay I can't read the name but it's the address is 476 Fern Avenue hi there come on want up please state your name and address hi my name is KAS uh I live at 476 Fern Avenue uh I am K what's your last what's your last name child's child's yeah uh so case of childs 476 Fern uh I'm against it the variant um currently there's uh at the back of my property uh which I think is near the north side of fern right where it goes to to Elder right before the actual curve um my brick wall is right up on the property line and during Heavy Rain it will already kind of like come up and water those puddles so I'm afraid that if there's less landscape buffer that it'll flood more than it already is so any uh any landscape buffer that's not currently there my main issue is flooding so uh and I keep hearing a bunch of uh stuff that's already been put there so obviously there had to have been some kind of planning for buildings to be put there before the utilities were already put in so if there's some kind of change that needs to be made they should change the utilities and then plan that way instead of trying to make a smaller space because like the lady that came up before me there is a very small space already with Fern if you look at uh the properties on the uh east side of fern on the other side of the street they have much larger backyards uh versus my side of fern our backyards are not that big uh so there's already a small amount of space for water to tread off wherever it's going to go so and that's my main concern is flooding and space between buildings okay thank you sir any questions Mr Charles no all right thank you appreciate your time next card Charles bruny Jr welcome please state your name and address my name is Charles bruny Jr I live at 460 Fern Avenue um I've lived in Titusville most of my life I'm a former student of Andrew Jack Middle School graduated from Titusville High School um I bought my house with my wife in 2005 actually February of 2005 and at that time that was all Woods um two weeks after I purchased that property with my wife uh they leveled every tree on the property um might have left two or three on the property and we've struggled with that for many many years um buffers uh buffer yards are intended to reduce both visually and physically the negative impacts generated by budding uses the side of this parcel that has the least room is where it meets mine and my neighbor's homes the area that they're requesting the variant on abuts to all of our residential homes the areas that they don't want the variants bu the commercial businesses it was stated that there's storm water uh stuff in place along the perimeter I've never seen any behind my yard we do live at the highest point so we don't see much of a sale but there's really not much but grass and dirt back there um I also think that it serves as a vital tool in protecting the natural environment um it acts as a barrier against pollutants noise run off from construction sites um in my opinion maintaining this buffer is the Builder's responsibility to contribute to preserving local ecosystem reducing erosion and mitigating the impact of urban sprawl on the wildlife habitats um I know for a fact there's go for tortoises on that site right now quite a few of them uh me and my family we do walk that neighborhood it's kind of nice to have a little one mile Loop behind our house so uh my concerns are the environmental impact the loss of privacy increase in noise pollution um without more information right now and an established plan by the building builders ensuring that their developments are in harmony with the broader Community goals and values I implore this committee to deny this request rest to close I ask what would you want if it was your home to be so closely impacted thank you for your time thank you sir any questions to our witness no thank you for your time thank you next Nicole breny Welcome please state your name and address thank you my name is Nicole brenty address 460 Fern Avenue um I absolutely had no plans to come up here and talk tonight until I heard some comments before me I thought everything that was supposed to be said was truthful and um factual but I when I came to was listening I heard that they were talking about the drainage ditch that's all the way around the property there is in fact no drainage ditch all the way around the property that's what your entire conversation with them was based upon as a drainage Stitch all along Fern Avenue there is zero drainage ditch as far as along the other side on Elder I am unaware I know there is some down by the the retention Pond but I think this needs to be discussed again the drainage ditch that they're speaking of because there is none on the entire side of fern so I'm just curious how accurate the other statements are that's being made if there are records of being talked with the city when supposedly it was agreed upon that they could remove this or do whatever they needed to do to make it work work that they're saying happened um they also said that it would be a lot to be upkept as far as the plants go if they're saying this is going to be condos and the owners don't own the land then the condos shouldn't have a problem with upkeeping the property that's there and that's really all I have to say all right thank you ma'am any questions for a witness no thank you thank you next Christopher Charles welcome please say your name and address Christopher child's 5627 Enchanted Avenue um yeah my son lives on this uh on on bordering this development and he showed me the the variance uh notice and stuff so I started talking to him about it and I I just kind of kind came here undecided at first but um I think uh you know low impact development is is something in the city's going towards and I think it's very helpful for storm water and it's it's Le it's not as you know it's it's better to look at and um I I think it's it's something that when um we anytime we've talked about it on Plenty and Zoning we've we've always heard that it's it's usually cheaper to do um I'm no expert in liid by any means uh on how to implement it but I know that you when you have a a dish which I I've been to my son's house there's no drainage ditch behind his um behind his uh backyard on at 476 Fern so uh I don't know I I guess it's just over in retention are and that's one of the things I think that there's some disconnect that seems to be going on here between you know the requester and and the city so I think if anything you should table it or should come back and until everyone has a really good idea of what's going on because um we definitely don't want flooding on any of these properties um you know and if there's already puddles going and there's really not a clear plan of what is back there and what the plan is going forward I I just don't see granting a variance on uh on something that we don't have all the information on so thank you all right thank you any questions for our witness all right Mr child thank you next that's the last one okay all right I will close the public portion of our hearing bring it back to to the board for just we close it can we get the rebuttal oh rebuttal I forgot I promised it I forgot thank you yes welcome back Miss fer would you just say your name again please thank you Kim Fischer is it okay if if um the other applicant also speaks after me because we're kind yeah if you're both yeah both appli okay because I don't um I mean I never like anybody to to say especially publicly or even privately that I'm not telling the truth cuz that's not the the instance so we do have documentation that um I'm going to going to call it a sale and so instead of a ditch so if somebody wants to splice any kind of words we have documentation from the original plans and from the survey that there is a soil back there um can I say definitively it's 100% in place versus what proposed no I didn't look at it with that type of detail but there's also I I one of the neighbors mentioned I forgot to bring up there's also utilities there I believe there's some power lines back there so if we've got the utility easement we can't move those power poles and utility lines and so there's physically no way to create when we have to put in an easement in order to protect um both the drainage system and the utilities we have to put in that easement and so from our conversations with Stud staff was there wasn't a way to mix the two with Landscaping utility and the drainage um if staff has since changed their minds we're not opposed to tbling this to last till next month or whenever it works out on the calendar um we're we're definitely not opposed to tbling that but I'm just not sure how I'm not sure how we would do a perimeter buffer considering what is there existing and I think as John has mentioned some places it might be 30 ft some places it might be 20t that we've got to go ahead and plat um officially record a utility and drainage eement along the property line that would mean and that's going to have to be along that property line that would mean the buffer Landscaping would have to come interior to that if it comes interior to that then there's no longer room for a building of any size we can State for the record the building is only going to be twostory um whether that's a condition or just anybody in the audience that needs to hear that it's just a two-story home which is what was planned um originally um so just wanted to put some of those things on the record and again we're more than happy to table it and if the citizens want to meet with us if we need to meet with City staff again we're okay to any of the options okay thank you uh Mr Morris and your name one more time please absolutely thank you it's John Morris I think the uh the important thing here is I want to establish that we are um not trying to redo something or do something that's not already there um to kind of bring this full circle the we're part of the airport height obstruction zone so we are limited to what we can put there meaning we can't go over 25 ft on our building structure so all of our town homes will be less than 25 fet and we can't impose any trees that will be greater than 20 feet so this kind of also directly affects what we do in our landscape buffer as well as what we do in what could be an lid because cypress trees grow greater than 20 ft so they're we really restricted based on the location of the site and the well reclaim area that what we can and can't do to this site um Fern has a great point and I respect all everyone's opinion on that and I agree with them um Fern also has the highest elevation their elevation starts at 39 fet above sea level and gradually slopes to 27 feet above sea level which is the highest area on this site so um most of the buildings that will sit lower five feet lower than what Fern currently sits so you're not have to worry about neighbors looking over a fence because you just the Height's not there we're we're limited to what we can put in place um the goal was not to eliminate the trees we propos adding more trees uh to staff especially if you look where chrisan Court comes in and there's a kvasac there's a common area there we were going to make that a park and heavily um landscape that with both viburnum and trees that kind of fit that under 20 foot buffer for the airport Zone um so I think these are all kind of things again we're you know we don't also don't want to put anything that's going to impact the utility lines there so this is something that it was already approved without the landscape buffer we're not asking for anything different other than you know this is to for the site to be able to maintain and for storm water to flow one we have to go in and clean it up up so what we're going to be held to what's on site now is not going to stay and I say that not in a in a bad way but that we're going to go in and we're going to clean it up and we're going to make it right so we're going to prove the calculations uh we're going to regrade the land so that way it does flow if it's not there now it's supposed to be and we'll make sure it's done um so that's really all I have say if there's any questions I'm more than happy to answer them and kind of talk through this all right any questions are you opposed to tabling it as your associate said yeah no I'm not opposed to it all right thank you thank you now I'll close the public portion of our hearing um I I just want to make a comment and then I'd like to open up to everyone else so there's a huge disconnect here most of the time we have variances that come in staff makes a recommendation the applicant says yeah but and there's something that's either common ground is found or it's it's a lot closer than what we have here here we have the staff report saying the applicant can 100% meet all code requirements if they just use some low impact management strategies and then you have the applicant saying we 100% can't do that because of X Y and Z so it's unusual to have that Dynam dnamic at our variance meetings which causes me concerned that there's miscommunication or misunderstanding and we're about to make a very important decision which will be finalized one way or the other I just want to put that out there to see if staff had any further information that can address any of these comments that were brought up sure um I just wanted to clarify a couple things and if you'll turn to page 103 of 105 of the packet I wanted to um share with the board that what you'll see is on the the Eastern side the right hand side along the perimeter of the property boundary there's a 20 foot PUD public utility and drainage eement on a site that had not previously been um graded installed had utilities installed that area is typically what we would have seen as the landscape buffer a 20 foot vegetated area and that buffer helps to separate the development distance-wise and then also with Landscaping to screen the development if uh the board wanted to consider the option of approving the variants on the condition that the um that the Landscaping that would have been required within that landscape buffer still be um required between the buildings and the property boundaries that would achieve the distance requirement because you've got your utility easement that creates that separation physically and then you've got the Landscaping that would have been required within the landscape buffer so that is a potential solution if you wanted to make a decision tonight otherwise happy to um to follow along with the the tabling and further discussion to to fully vet this out okay thank you that's helpful all right any other um discussion amongst ourselves questions of Staff game plan to actually adjudicate this or to table it I don't know that we could make everyone here happy either way uh tonight with the information we have um I like what staff just said but I think it needs to be included in the application to us not just us adding this line adding that line or whatever so I in favor of postponing if file possible I agree um there's no ditch there now according to what I'm looking at it looks like more of a buffer and utility easement I don't understand the testimony regarding um the drainage and the necessity for a ditch so I'm confused too so I think tabling it would be would be in best interest of both parties Mr Green I like the idea of tabling it I'm GNA go walk the site we're just going to see what you got and uh I think uh the applicant and staff need to sit down and have a meeting and uh come at us uh in 30 or 60 days whatever we can get them in on and uh we'll Circle back and deal with it after they meet okay um in light of the comments of the the rest of the board I would encourage you not to walk the site but we can talk about that after if you'd like okay scared I would imagine that I carry I would imagine that the kind of proposal of the condition that staff had just indicated um I don't know whether that's even applicable to just the Fern Avenue side or if that can go all the way around so the board has at least my colleagues up here have recommended tbling it so um and I believe both applicants had indicated they're fine with tabling it I heard a lot of our um Witnesses indic that we don't have enough information so it sounds like everybody's okay with tbling it I will entertain a motion when ready well first let's ask staff is it 30 or 60 days logically to make this happen I mean I don't want to set an arbitrary date and then we can't get you can't get it done so what you know your schedule better than we do if it's beyond a month from now it's if it's beyond the July meeting then it will need to be read vertis um if you set it for the July board meeting you can always continue it again if the required meetings have not been accomplished um staff can update you at the next meeting if you do table it to the July board meeting at date certain well that answers my question thank you anyone want to make a motion yeah I'll make a motion that I don't have the number in front me I'm sorry what page oh there it is okay I make a motion that we table variant 16-22 24 uh until our next meeting in July July 24th July 24th okay is it July 24th okay thank you okay we have a motion to table this until July 24th any do I have a second I second it thank you I have a second any discussion no we kind of did all that all right roll call please M vanen yes I'll remember green yes chairwoman Smith Rodriguez yes Vice chairman Taylor yes okay so that variance will be tabled we're not doing anything today and see you all back July 24th see you all back July 24th if you all wish okay um May I in all seriousness I do recommend that you not walk the property for a couple of reasons one being that it is a quas Judicial item you are the judges and the evidence that's presented for you at the hearing should be the basis of your decision and secondly I believe it's private property okay thank you Council um that moves us on to our next agenda item which is any um petitions or requests from the public that are present of which there are many uh Miss Kim any cards no ma'am anybody who wanted to speak but they didn't without a card to talk about anything do we have to take a card for that um Miss frell for petitions no just invite them up one by one okay thank you I'll see you all next month U ma'am come on up to St oh um there's a comment that's about to be made if you all have any interest in staying and hearing it would you please first state your name and address my name is joha Irwin I live at 2927 Elder Street so I live on the the other the other side um I've had a lot of conversations with different neighbors and we do not begrudge them building we just want to be able to live with whatever is built there I live on directly behind McDonald's where the retention Pond is and ever since they took the um Landscaping out when that bulldozing happened years ago uh every time the hurricanes come and we get all that wind the water comes into my yard by like 5et so we we know that that whatever gets built there will help us we just need to be able to live with what is is there so thank you thank you for your comments thank you um anyone else intending to speak make a petition or request no okay all right um other than that moving on to our next agenda item any reports staff Council no okay fine uh meeting adern thank you all for being here today I appreciate your time e