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[Call meeting to order]

[00:00:30]

>>> THIS MEETING IS CALLED TO ORDER, SEPTEMBER 12TH, 2022 MEETING OF THE PLANNING AND ZONING ADJUSTMENT BOARD.

WE WILL START WITH THE PLEDGE OF ALI -- PLEDGE OF ALLEGIANCE.

STAND AND FACE THE FLAG. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, UNDERGOD, UNTKAU VISIBLE -- INDIVISIBLE AND JUSTICE FOR ALL. THE INDIVISIBLE ALWAYS GETS ME.

I HAD GOOD INTENTIONS. OKAY.

I DO WANT TO LET PEOPLE KNOW THAT WE HAVE THREE MEMBERS WHO HAVE BEEN EXCUSED FROM THE MEETING TODAY.

RICH ENSSLEN IS OUT OF TOWN AND JOHN RICH AND JOHN PATTON TESTED POSITIVE FOR COVID SO THEY WILL NOT JOIN US, BUT WE HAVE A FULL QUORUM, SO MEGAN PLEASE READ THE PUBLIC STATEMENT.

>> THIS IS A PROPERLY NOTICED PUBLIC HEARING HELD IN CONCURRENCE WITH THE REQUIREMENTS OF FLORIDA LAW.

THE PUBLIC WILL BE GIVEN AN OPPORTUNITY TO COMMENT ON TOPICS RELEVANT TO THE BOARD'S AREA OF JURISDICTION AND THE PUBLIC WILL BE GIVEN AN OPPORTUNITY TO OFFER COMMENT AT A DESIGNATED TIME DURING THE HEARING. ANY MEMBER OF THE PUBLIC DESIRING TO SPEAK MUST COMPLETE A SPEAKER CARD AVAILABLE IN THE FOYER. ANY ADDITIONAL SPEAKERS MAY BE HEARD ONLY AT THE DISCRETION OF THE CHAIRWOMAN.

SPEAKER CARDS MAY BE TURNED IN TO STAFF.

THE PUBLIC SHALL SPEAK AT A TIME DURING THE MEETING AT EACH ITEM AND FOR A LENGTH OF TIME AS DESIGNATED BY THE CHAIRWOMAN WHICH IS THREE MINUTES. SPEAKERS SHOULD IDENTIFY THEMSELVES, WHO THEY REPRESENT AND THEN STATE THEIR ADDRESS FOR THE RECORD. SPEAKERS MAY OFFER SWORN TESTIMONY. IF THEY DO NOT, THE FACT THAT THE TESTIMONY IS NOT SWORN MAY BE CONSIDERED BY THE BOARD IN DETERMINING THE WEIGHT OR TRUTHFULNESS OF THE TESTIMONY.

IF A PERSON DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THE HEARING SUCH PERSON WILL NEED A RECORD OF THE PROCEED WILLINGS AND NEED TO ENSURE A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.

ANY PHYSICAL OR DOCUMENTARY EVIDENCE PRESENTED DURING THE HEARING SUCH AS DIAGRAMS, CHARTS AND PHOTOGRAPHS OR WRITTEN STATEMENTS WILL BE RETAINED BY STAFF AS PART OF THE RECORD.

THE RECORD WILL THEN BE AVAILABLE FOR OTHER BOARD AGENCIES, COMMITTEES OR THE COUNTY IN ANY REVIEW OF APPEAL RELATING TO THE ITEM. BOARD MEMBERS ARE REMINDED THAT AT THE BEGINNING OF EACH ITEM THEY SHOULD STATE IF THEY HAD COMMUNICATION WITH THE APPLICANT OR ANY OTHER PERSON REGARDING THE SUBSTANCE OF THE ITEM OUTSIDE THE FORMAL HEARING OF THE BOARD. IF SUCH COMMUNICATION HAS OCCURRED, THE BOARD MEMBER SHOULD THEN IDENTIFY THE PERSONS INVOLVED AND THE MATERIAL CONTENT OF THE COMMUNICATION.

CIVILITY CLAUSE. WE WILL BE RESPECTFUL OF ONE

[1. PVZVAR 22-14 Shriver Garage Addition. Request for a Zoning Variance to Section III.B.1 of the Ponte Vedra Zoning District Regulations to allow for a nineteen (19) foot Front Yard setback in lieu of the required twenty-five (25) feet to allow for a garage addition. Located at 5 Tarpon Road East.]

ANOTHER EVEN WHEN WE DISAGREE AND WE WILL DIRECT ALL COMMENTS TO THE ISSUES AND WE WILL AVOID PERSONAL ATTACKS.

>> THANK YOU, MEGAN. OUR NEXT AGENDA ITEM WE WERE GOING TO HAVE A PLAQUE PRESENTATION, BUT WE ARE GOING TO DEFER THAT TO A FUTURE MEETING.

LET ME ASK IF THERE ARE PUBLIC COMMENTS ON ITEM THAT'S ARE NOT ON THE AGENDA TODAY. SEEING NO ONE APPROACHING THE PODIUM, WE WILL GO TO THE FIRST AGENDA ITEM.

I JUST WANT TO REMIND OUR PRESENTERS TODAY THAT THE UPON TAU VEE -- PONTE VEDRA BOARD CANNOT CONSIDER IT UNLESS YOU HAVE A HARDSHIP IN THE COUNTY. FOCUS FIRST ON WHAT IS THE HARDSHIP YOU HAVE SO WE CAN CONSIDER YOUR REQUEST.

ITEM NUMBER 1 IS PVZVAR, THE SHRIVER GARAGE ADDITION.

PLEASE STEP UP TO THE PODIUM AND STATE YOUR NAMES AND ADDRESSES.

OKAY. BEFORE YOU GET STARTED, THE BOARD WILL TALK ABOUT WHETHER THEY VISITED YOUR PROPERTY AND HAD ANY CONVERSATIONS WITH PEOPLE.

DO YOU WANT TO START, SAM? >> I VISITED THE SITE.

I DID NOT HAVE COMMUNICATION WITH ANYONE.

>> I DID NOT. >> OH, NO.

YOU PRESS THE RED BUTTON. YOU JUST VOTED.

>> THERE IT IS. THIS IS MY SECOND MEETING SO BEAR WITH ME. I DID NOT VISIT THE PROPERTY ON

[00:05:01]

THIS ISSUE, HOWEVER, I HAVE DRIVEN BY YOUR PROPERTY IN THE PAST. IT IS A VERY NICE HOME.

>> THANK YOU. >> I DID VISIT THE PROPERTY.

I VISIONED IT THE STREET AND I WALKED AROUND AND I SPOKE TO THE RESIDENT AT 6TARPON. THE NEIGHBOR ACROSS THE STREET OBJECTS TO THE VARIANCE AS THIS WOULD BE IN THEIR VIEW.

I TALKED TO ROB MCVAY WHO HAD A LETTER IN HERE AND HE DIDN'T HAVE ANYTHING IN ADDITION TO THE LETTER.

>> I VISITED THE PROPERTY. I DID NOT SPEAK TO ANYONE IN THE

NEIGHBORHOOD. >> THANK YOU, GO AHEAD.

>> MY NAME IS ULKA SHRIVE ARE AND THIS IS MY HUSBAND.

WE ARE THE OWNERS AND RESIDENCE WITH OUR DAUGHTER AT 5TARPON ROAD EAST. IT IS A 1974 FOOTPRINT THAT LARGELY WAS ALTERED WHEN WE PURCHASED IT.

I GAVE YOU JUST FOR FUN A LITTLE BEFORE PICTURE YOU OF WHAT IT -- PICTURE OF WHAT IT LOOKED LIKE WHEN WE BOUGHT IT AS WELL AS SEVERAL FROM THE STREET VIEW PHOTOS OF WHAT IT LOOKS LIKE NOW. MY HUSBAND IS MY BUILDER.

WE HAVE BEEN IMPROVING IT INSIDE, OUTSIDE, GARDEN AND WE GOT TO THE POINT WHERE WE SAID WE NEED TO UPDATE THIS HOUSE TO THE PHOD -- MODERN TIMES FOR OURSELVES.

WE LIVE THERE. IT IS OUR LONG-TERM HOME.

TRIPP SAYS I I WILL NEVER GET HIM OUT OF THE HOME.

WE NEEDED A HALF BATH. WE NEEDED A LAUNDRY ROOM.

WE NEEDED A COAT CLOSET AREA. THESE ARE JUST SOME BASIC FEATURES THAT MAKE A HOUSE FUNCTIONAL IN THIS DAY AND AGE.

I GUESS IT REALLY WASN'T ON THEIR MIND IN 1974.

SO WE USED A LARGE PART OF OUR ORIGINAL GARAGE TO MAKE THE LAUNDRY ROOM AND THE MUD ROOM AND LAYOUT THE PLACE IN THE NEXT PHASE OF OUR WORK WE WILL BE PUTTING OUR HALF BATH.

WE ARE LIMITED TO CHOICES FOR THOSE ITEMS BECAUSE THEY ARE DEPENDENT ON THE WATER LINES AND THE WASTE LINES.

SO WE DON'T REALLY HAVE THE TWO-CAR GARAGE.

TOGETHER WITH HIS WORKSHOP AREA AND HIS TOOLS AND WHATNOT, WE HAVE NOT MUCH MORE THAN ROOM FOR BIKES IN THE GARAGE AND THE LAWN MOWER AND WHATNOT. THE PLAN IS TO BUILD AN ACTUAL GARAGE. WE THOUGHT WE HAD ENOUGH LAND THAT WAS BUILDABLE TO JUST ADD ON TO THE GARAGE AND EXTEND IT.

IT IS A T-SHAPED FOOTPRINT TO OUR HOUSE.

IF YOU WANT ME TO -- I THINK THERE IS A -- THERE WE GO.

THAT'S OUR PROPERTY. WHERE YOU CAN SEE THE CANDYCANED STRIPING, THAT IS THE PROPOSED GARAGE ADDITION.

IT EXTENDS OFF FROM WHERE THE ORIGINAL GARAGE WAS.

WE WOULD BE BASICALLY CHANGING THE CURVATURE OF THE DRIVEWAY AND ELIMINATING THE EXCESS CONCRETE WE DON'T NEED TO HAVE A NICE, HEALTHY AMOUNT OF SOLUBLE LAND SURFACE WHEN WE FINISH THIS. ANYWAY, WE THOUGHT WE HAD ENOUGH LAND BECAUSE WE HAD LOOKED AT OUR SURVEY PLAT FROM WHEN WE PURCHASED THE PROPERTY. AND THE SHAPE OF OUR LOT LOOKS MUCH LIKE THE SHAPE OF OUR LOT ON THE GROUND.

WHAT OUR ARCHITECT POINTED OUT THOUGH IF YOU LOOK AT THE MEASUREMENT OF 39 FEET FROM THE ORIGINAL STRUCTURE TO THE ROAD, IT FALLS SHORT ABOUT 20 FEET. WE LOOKED INTO IT FURTHER WITH HIM AND LEARNED THAT THE ROAD'S PUBLIC DEDICATION IS ACTUALLY 6T EXCESSIVE IN MY OPINION CONSIDERING THERE ARE A DOZEN HOMES, I THINK 15 HOMES, AROUND THIS RESIDENTIAL TERM -- TERMINAL AND CUL-DE-SAC STREET. MOST OF US ARE ALL FRIENDS.

WE HAVE PEDESTRIANS HANGING OUT, WALKING, STROLLING, CHATTING IN THE LANE EVERY EVENING. IT'S NOT A PLACE THAT IS A THOROUGHFARE SO WE DON'T SEE GOING 60 FEET THEY PUBLICLY RESERVED THAT WITH IN 1974 NOT KNOWING IF THEY WANTED TO GO TO DAUPHIN, BUT THERE IS NO ROOM TO DO THAT NOW.

THE PRESENTATION I HAD PUT TOGETHER IN THE COURSE OF THE APPLICATION PROCESS, IT DID WALK THROUGH THE ELEMENTS OF A VARIANCE BASED UPON THE CRITERIA THAT IS SET UP BY THE COUNTY.

JUST WALKING THROUGH, OUR THOUGHT PROCESS FROM THE TIME THAT WE CAME UPON THE ISSUE THAT WE WERE ABOUT SIX FEET SHORT FOR A PROPER STANDARD TWO-CAR GARAGE WS AS FOLLOWS: FIRST OF ALL, OF COURSE, THIS WAS THE -- THERE WAS THE REALIZATION THAT THERE IS THIS, WHAT WE WOULD CONSIDER AN EXCESS DEDICATION AREA.

[00:10:05]

WE AND PRIOR OWNERS HAVE BEEN LANDSCAPING AND GARDENING AND MAINTAINING IT, THE FRONTAGE OF THE EXTRA 20-FOOT STRIP AROUND THE WHOLE PROPERTY SINCE 1974. IT IS ALMOST 50 YEARS.

IT SEEMS THAT IF THE PURPOSE OF THE SETBACK IS TO MAKE SURE THAT VISUALLY PEOPLE CAN ENJOY THE AESTHETICS OF NOT HAVING BUILDINGS COMING UP TO THE STREET, IT REALLY SHOULD BE MEASURED FROM THE STREET. IN ADDITION THE COUNTY'S OWN GUIDANCE IN THE LAND DEVELOPMENT CODE AND THE APPENDIX D AS IN DOG, IS THE GUIDANCE THEY OFFER ABOUT SETBACKS.

ALL OF THE ILLUSTRATIONS ON THE EXHIBIT MEASURE WHERE OR DEPICT WHERE A SETBACK WOULD BE IN REFERENCE TO THE RIGHT OF WAY, THE ROW. SO I TOOK A LOOK AND CASE -- CASE LAW THROUGHOUT THE STATE OF FLORIDA HOW CASE LAW IS DEFINED.

IT IS NOT A DEFINED TERM SPECIFICALLY WITHIN THE CONTEXT OF THE LAND DEVELOPMENT CODE OR THE MATERIALS THAT WE OPERATE.

THERE ARE A COUPLE OF CASES THAT SEEM TO BE REFERENCED FREQUENTLY WHEN WE COME TO THESE TOPICS. THERE IS THE LAS OLAS TOWER COMPANY VERSUS THE CITY OF FORT LAUDERDALE AND THAT'S IN THE FOURTH DISTRICT. AND THEN THERE WAS YOU -- THERE WAS CLIPPER AND I WANT TO GET THE LOCATION RIGHT.

THAT IS IN THE FIRST DISTRICT. SO THE LAST COMPANY COURT THEY SAID A FEW THINGS THAT WAS HELPFUL.

THEY STARTED OFF BY SAYING THAT COURT SHOULD DEFER TO THE INTERPRETATION GIVEN TO AN ORDINANCE BY THE AGENCY RESPONSIBLE FOR ITS ADMINISTRATION.

AND THAT'S WHAT BROUGHT ME TO YOUR EXHIBIT D, AS IN D.

AS IN DOG. THEY SAY THE DEFERENCE CANNOT BE ABSOLUTE WHEN THE CONSTRUCTION OF A STATUTE WOULD BE AN UNREASONABLE INTERPRETATION. SO WALKING THROUGH ALL OF THIS, I WAS -- I GOT TO THE POINT WHERE EXHIBIT D REFERENCES THE RIGHT OF WAY. THE CLIPPER CASE SAYS THE TERM "RIGHT OF WAY" IS ONE THAT THEY REFER TO THE LAW DICTION -- DICTIONARY FOR FOR A DEFINITION. AND THERE THEY REFERENCED THE DEFINITION SAYS THE RIGHT OF WAY IS A RIGHT OF PASSAGE BY VIRTUE OF WHICH ONE HAS THE RIGHT TO PASS ON FOOT, HORSEBACK OR VEHICLE. I THINK WE CONQUER THAT RIGHT NOW PEOPLE ARE ONLY GOING TO BE WALKING BY FOOT OR VEHICLE ON THE ROAD ITSELF AND NOT THROUGH THE ORCHARD THAT HE HAS PLANTED AND WHERE WE HAVE CITRUS AND WHATNOT.

THE COURT WOULD EMBRACE THE DEFINITION THAT THE FLORIDA DEPARTMENT OF TRANSPORTATION HAS IN ITS REGULATIONS, AND THEY SAY IT IS LIMITED TO LAND DEVOTED TO OR REQUIRED FOR USE OF TRANSPORTATION. SO I THINK AGAIN WHETHER WE LOOK AT THE DICTIONARY DEFINITION OR THE REGULATORY DEFINITION FOR THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, I THINK WE ARE TALKING ABOUT THE ROAD THAT'S BEEN PAVED AS TARPON ROAD SINCE THE 1970S. SO APPENDIX D, GOING BACK THERE AGAIN, THE RIGHT OF WAY IS NOT THE WHOLE DEDICATED AREA.

IT IS REALLY WHAT HAS BEEN PAVED TO BE TARPON ROAD WHICH IS A SMALL LANE AND NO MORE THAN 18-FOOT WIDE DRAINAGE DITCH THAT RUNS ALONGSIDE OF IT. W HAVE NO OTHER UTILITIES THAT ARE ROAD SIDE UTILITIES IN FRONT OF OUR HOME.

THERE IS NO COUNTY LIGHT FIXTURE THAT IS ACROSS THE STREET AND WILL PROBABLY ALWAYS BE THERE. THERE ARE NO OTHER AOU -- UTILITY THAT'S GO ANYWHERE OTHER THAN CLOSE TO THE ROAD ITSELF.

US HAVING AN ADDITIONAL SIX FEET OF BUILDING AREA, THE DEDICATION OF THE 20 PLUS AND THE 25-FOOT SETBACK IS NOT GOING TO COME ANYWHERE NEAR ANY OF THIS. THE ARRIVAL OF THIS DEFINITION IS AN ACCORD WITH HOW MANY MUNICIPAL ORDINANCES AND THE CASE LAW IN THE STATE OF FLORIDA HAVE DEVELOPED.

[00:15:02]

THE OTHER LEADING PUBLISHED OPINION THAT I TALKED ABOUT ORIGINALLY, LAS OLAS TOWER, THEY SAY THE CITY OF FORT LAUDERDALE DEFINED THE TERM "SETBACK" WHICH I LOOKED IN OURS AND WE DIDN'T HAVE A DEFINITION AND THAT'S WHY I AM REACHING OUT.

THE MINIMUM HORIZONTAL DIFFERENCE BETWEEN THE PRINCIPAL STRUCTURE AND THE INTERIOR LINE OF A CURB, ADDING THAT IF IF THERE IS NOT A CURB IT IS THE EDGE OF THE IMPROVED ROADWAY.

THE FOURTH DISTRICT CONTINUES IN IN LAS OLAS TOWER THAT THE STATUTORY CONSTRUCTION A LITTLE INTERPRETATION SOMETIMES CANNOT BE GIVEN IF UNREASONABLE. LOOKING INTO THE CASES THEY CITED TO SUPPORT THAT, I THINK IT IS IMPORTANT TO NOTE HERE TO THE EXTENT OUR LANGUAGE TALKS ABOUT A SETBACK AS BEING FROM THE PROPERTY LINE. HERE WE HAVE A SOMEWHAT AMBIGUOUS SITUATION WHERE THERE IS A NO MAN'S LAND BETWEEN OUR PROPERTY LINE AND THE ROAD. IT WOULD BE MOST REASONABLE AS THE LAS OLAS TOWER COURT ASKS OF US TO TAKE A REASONABLE VIEW.

WHAT I HOPE IS A SENSIBLE INTERPRETATION IN FRONT OF US IS THE 25-FOOT SETBACK TO RUN CONCURRENTLY WITH THIS 20-FOOT DEDICATION AREA THAT IS NOT BEING USED FOR A ROAD, IN OTHER WORDS FOR THE 25 FEET TO START FROM THE ROAD ITSELF.

IF THAT IS NOT AS PALATABLE, THAT BRINGS US TO THE VERY -- VARIANCE APPLICATION THAT WOULD OTHERWISE BE NECESSARY.

IN SUPPORT OF THAT, AS I SAID THE FIRST THOUGHT WAS WHAT I DESCRIBED MEETING THE PURPOSE AND SENSIBILITY OF A SETBACK, THERE IS THE THOUGHT OF NEEDING THIS GARAGE RENDERING THIS PROPERTY USEFUL AND FUNCTIONAL IN THE MODERN DAY FOR ITS PURPOSE WHICH IS A SINGLE-FAMILY HOME.

UH -- APART FROM OUR DESIRE FOR THIS TO BE OUR HOME AND WORK FOR US IN THE LONG-TERM, I THINK THERE IS SOMETHING UNIQUE ABOUT OUR PROPERTY WHERE IT IS A HARDSHIP FOR US TO HAVE THIS EXCESSIVE DEDICATION AREA BE CONSIDERED BEFORE THE 25-FOOT SETBACK STARTS ABOUT AN EXCEPTION SUCH AS THE ONE WE ARE SEEKING TODAY. AND THERE IS THIS, THERE ARE FOUR HOUSES ALONG TARPON THAT SUFFER FROM THE EXCESS 20 FEET BETWEEN THE CURB AND WHERE THE DEDICATION AREA ENDS.

IF YOU HAVE WALKED TARPON LANE YOU WILL SEE THE CUL-DE-SAC IS 8 SYMETRICLY SHAPED. YOU WILL SEE THIS AFTER YOU NOTICE THAT THE 20 FEET -- I CAN CLICK BACK TO HELP US OUT HERE.

THAT'S KIND OF FAR. BUT THE CURVATURE OF THE CUL-DE-SAC DIPS AROUND AND THEN COMES BACK OUT TOWARD THE STREET. THAT'S WHERE OUR FOUR LOTS ARE SITUATED. WE ARE CLOSER NORTH, I WOULD SAY. THE DEDICATION STAYS WHERE IT IS, BUT OUR LOTS ARE SITUATED FURTHER NORTH, OR THE RESIDENCES DO. WE ARE THE ONLY CORNER LOT AMONG ALL OF THESE, AND THE ONLY CORNER LOT SHAPED LIKE THIS ON TARPON LANE, TARPON ROAD. WE HAVE THIS ISSUE NOT ONLY IN THE FRONT YARD, BUT WHAT WOULD BE THE SIDE YARD.

OUR HOUSE NUMBER IS FOUR -- SORRY, OUR HOUSE NUMBER IS FIVE.

WE FACE THE RIGHT AS WE LOOK AT THIS SURVEY PLAT HERE AND THAT IS EAST. OUR FRONT DOOR FACES EAST.

THE GARAGE ADDITION AREA WOULD HAVE BEEN OUR SIDE YARD IF NOT A CORNER LOT. IF WE WERE A SIDE LOT WE WOULD HAVE A 7.5-FOOT BUILDING LINE SETBACK.

INSTEAD WE HAVE 25 FEET. IT WOULDN'T HAVE BEEN AN ISSUE HAVING THIS 20-FOOT EXCESS IF IT WAS JUST A 7 AND A HALF FOOT CLEARANCE WE NEEDED TO MAKE. THE OTHER THING IS THE WAY THE BUILDING WAS SITUATED THE WAY THE DEVELOPER CREATED IT.

THERE ARE THREE SIDES OF THE GARAGE WE CAN EXPAND PONG -- EXPAND UPON AND THIS IS THE ONLY BUILDABLE.

IF WE WENT FROM THE RIGHT OF THE GARAGE IT WOULD BLOCK OUR STRAPBS. THERE IS -- ENTRANCE.

THERE IS NO ROOM TO THE LEFT. THIS IS THE ONLY WAY TO DO IT.

THIS IS WHAT MAKES IT A BIT OF A CONUNDRUM ON OUR PROPERTY, WHERE AND HOW THE HOUSE WAS SITUATED AND WHAT THE REGULATIONS ARE FOR OUR CORNER LOT. WE DO THINK IT IS IN ACCORD WITH PUBLIC POLICY TO GRANT THIS VARIANCE.

[00:20:02]

IT IS IN EVERYONE'S INTEREST TO HAVE OUR PROPERTIES IN PONTE VEDRA BEACH BE FUNCTIONAL AND HAVE RESIDENTS WHO CAN LIVE THERE AND CONTINUE TO CONTRIBUTE AND CULTIVATE FOR A LONGTIME AS OPPOSED TO JUST HAVING MORE OF A TOWNHOUSE-TYPE FEEL WHERE YOU CAN'T PARK YOUR CARS IN THE GARAGE AND YOU HAVE LIMITED USE.

WE WOULD LIKE TO CONTINUE TO IMPROVE IT.

THIS IS THE ONLY IMPROVEMENT WE RAN INTO THE NEED OF A VARIANCE FOR. WE MADE SURE WHEN WE HIRED THE ARCHITECT AND THE ENGINEERS AND WORKED WITH THE INSPECTORS, WHICH WE HAVE BECOME GOOD FRIENDS WITH THE BUILDING INSPECTORS. WHEN YOU HAVE GOOD RELATIONSHIPS TO COMPLY WITH THE RULES AND TO WORK WITH THE STRUCTURE THAT PRE CYSTS US AND -- PRE-EXISTS US AND PREDATES US.

THIS IS WHERE WE STARTED TO CONTEMPLATE THE GARAGE BEFORE WE REALIZED WE WOULD NEED A VERY -- VARIANCE.

LOOKING AT IT, I THINK IT IS A SLIGHT VARIANCE AND WE HOPE IT WOULD BE GRANTED. THE ONE NEIGHBOR -- I DID ACTUALLY WRITE TO OUR NEIGHBORS BY TEXT.

WE SAID YOU SEE THE ORANGE SIGN IN THE FRONT YARD AND YOU MIGHT HAVE QUESTIONS. MOST OF OUR FRIENDS KNEW, BUT AS A COURTESY I REACHED OUT. I GOT A VERY HEALTHY TEXT CONVERSATION GOING IN RESPONGES TO THAT, AND I DON'T KNOW IF YOUR PICTURES ARE CLEAR AND I AM HAPPY TO PASS AROUND MY PHONE SO YOU CAN GET A CLEAR VIEW. EVERYBODY IS VERY SUPPORTIVE.

THEY KNOW WHAT KIND OF NEIGHBORS WE ARE AND HOW WE KEEP OUR HOMES AND THE UH -- AMAZING THINGS TRIPP HAVE DONE TO THE PROPERTY.

WE ARE SUPPORTED AND HEART FELT. MS. WESLING DOESN'T LIKE TO COMMUNICATE WITH THE REST OF US ONE ON ONE IN THE STREET.

SHE IS NOT ONE TO COMMUNICATE TO US, SO IT PROBLEM PWHRAOE -- PROBABLY DOESN'T COME AS A SURPRISE TO YOU AND NOT US.

>> I HAPPENED TO BE THERE AND SHE WAS IN HER YARD.

AND I KNOCKED ON A NEIGHBOR'S DOOR -- YOUR NEXT DOOR NEIGHBOR, BUT NOBODY WAS HOME AND THERE IS NO LETTER FROM THEM.

I JUST WANT YOU TO KNOW THAT SHE DID NOT REACH OUT.

>> SHE DIDN'T RE -- DIDN'T EXPRESS ANYTHING TO US IN THE REACH OUT. I WOULD LIKED TO HAVE DONE THAT.

I HAVE NOT HAD THAT OPPORTUNITY. THIS IS THE FIRST I HAVE HEARD, BUT I AM NOT SURPRISED. SHE DOES TALK A LOT ABOUT WHAT ON THE STREET MAY OR MAY NOT BE AESTHETICALLY PLEASING TO HER WHICH IS IRONIC. I WON'T GET INTO THAT.

RIGHT NOW WE HAVE OUR CARS PARKED IN THE SPOT WHERE YOU CAN SEE THE CANDYCANE PIPING. WE HAVE STONE YOU MAY HAVE SEEN.

WE HAVE STONE WHERE THERE IS A PULL OFF SO THE AESTHETICS ARE BETTER THAN CARS LINED UP IN FRONT OF THE HOUSE LIKE A LOT OF PEOPLE HAVE TO. AND IT WOULD TAKE NO MORE THAN THAT AMOUNT OF SPACE TO ENCLOSE. YOU MAY HAVE NOTICED THE ORCHARD. THAT IS STAYING.

THAT WILL LARGELY CONCEAL THE FRONTAGE OF THE GARAGE, ALTHOUGH I THINK A GARAGE IS GOING TO BE -- IS NOT GOING TO BE AN ISSUE IN THAT IT IS JUST AN EXTENSION OF THE SAME WHITE BRICK THAT YOU SEE EVERYWHERE ELSE ON THE HOUSE.

TRIPP HAS HAND -- HAND CRAFTED THE WOOD SHUTTERS YOU MIGHT HAVE SEEN AND IT WILL BE THE SAME SHUTTERS ON THE WINDOW THAT IS JUST 20 FEET IN FRONT OF WHERE WE HAVE THE OLD FACADE AND SHUTTERS NOW. RIGHT NOW SHE LOOKS AT STONE AND CARS PARKED ON STONE. SHE WILL SEE A CONTINUE WEDNESDAY OF THE CLEAN WHITE LINES OF THE BRICK AND THE CLEAN , GRAY ROOFING AND A GARAGE DOOR.

I DON'T SEE REALLY WHAT THE ISSUE IS WITH THE VIEW.

I WOULD HAVE ADDRESSED IT AND GOT MORE INFORMATION FROM YOU IF I HAD KNOWN SHE HAD A CONCERN. RIGHT NOW, ALSO, THERE IS A TRASH ENCLOSURE, A WOOD TRASH ENCLOSURE THAT TRIPP BUILT THAT IS AT THE END OF THE CURRENT GARAGE.

THAT'S GOING TO BE GONE BECAUSE WE WILL HAVE ROOM IN THIS GARAGE NOW TO PULL OUR GARBAGE CANS IN SO SHE WON'T HAVE TO* -- TO LOOK AT THE ENCLOSURE OR THE CANS. IT WILL BE A NICE, CLEAN LINE.

IT IS GOING TO LOOK A LOT RICHER, A LOT MORE COHESIVE AND A LOT MORE COMPLETE WHEN IT IS DONE.

YES. YOU WILL NOT SEE OUR CARS.

OUR CARS ARE NICE. IT IS NOT THAT THEY ARE A PROBLEM, BUT I THINK IT WILL LOOK CLEAN TORE HAVE THEM IN THE

GARAGE. >> ANYTHING ELSE?

>> NOT AT THIS TIME. I DON'T THINK THERE IS ANYBODY HERE TO SAY ANYTHING IN PERSON, BUT IF YOU HAVE ANY QUESTIONS.

>> WE WILL GO TO QUESTIONS NEXT. >> MEGAN, DO YOU HAVE ANY

QUESTIONS? >> I WAS WONDER FIGURE YOU TOOK THE TIME TO ACTUALLY LOOK AT THE PONTE VEDRE ZONING DISTRICT

[00:25:06]

REGULATIONS AND IF YOU UNDERSTOOD THAT THE ZONING DISTRICT REGULATIONS ARE WHAT GOVERN WHAT HAPPENS IN YOUR AREA AND NOT THE LAND DEVELOPMENT CODE.

SO IT IS IMPORTANT THAT IS WHERE THE PONTE VEDRA DISTRICT BOARD, AND SO WE ARE LOOKING AT COMPLIANCE WITH THE ZONING DISTRICT REGULATIONS WHICH HAVE BEEN AROUND FOR DECADES.

>> I HAD LOOKED AT THEM INITIALLY AND I BRANCHED OUT.

I WAS LOOKING FOR EXPOUNDING UPON SOME OF THESE DEFINITIONS, AND THAT'S HOW I LANDED ON THE LAND DEVELOPMENT CODE.

THEY HAD AN APPENDIX ITEM THAT PRESENTED A CLEAR TUTORIAL ON WHAT IT MEANT BY SETBACK. THAT WAS MY PURPOSE.

>> I HAVE SYMPATHY FOR YOU WHEN YOU BUY A PROPERTY THAT YOU MAY NOT HAVE REALIZED THAT THE AND IT IS OWNED BY THE COUNTY AND NOT OWNED BY YOU. PEOPLE DON'T REALIZE THAT AND THE REALTORS DON'T TELL THEM THAT.

YOU DON'T HAVE TO MOW IT AND PLANT GRASS AND YOU ARE NOT SUPPOSED TO PUT THINGS IN THE RIGHT AWAY.

YOU CAN HAVE A MAILBOX, BUT IT IS SUPPOSED TO BE KEPT CLEAR AND FREE FOR A VARIETY OF REASONS. I KNOW I HAVE THE SAME SETBACK OF 25 FEET. IT IS A COMMON SETBACK IN THE PONTE VEDRA ZONING CODE. IT IS NOT JUST SOMETHING IN YOUR NEIGHBORHOOD SO YOU SHOULDN'T FEEL YOU ARE BEING PICKED UPON.

>> I DID NOT FEEL THAT WAY. >> IT IS A1A, CORONA, SOLANA, LABASTER. THAT SETBACK IS THERE.

>> WELL, THE 25-FOOT SETBACK IS THERE.

WERE YOU SPEAKING ALSO TO THE 20-FEET DEDICATION AREA BEYOND WHERE THE ROAD HAS BEEN, BEYOND THE 25-FOOT.

>> YES. IT WAS COMMON IN THE ZONING DISTRICT. SO IT IS NOT UNUSUAL IN YOUR

SITUATION. >> ACTUALLY MANY HOMES HAVE

40 FEET INSTEAD OF THE 25 FEET. >> YEAH.

IT IS 40 FEET. I HAVE 40 FEET IN MY FRONT YARD

PLUS THE 20. >> I SEE.

>> IT IS A LOT OF GRASS AND I MOW THE GRASS SO I UNDERSTAND.

>> I AM NOT GOING TO -- [INAUDIBLE].

>> I AM TRYING TO GET BACK TO IS THAT -- IS THE HARDSHIP.

YOUR STORY IS INTERESTING, BUT I DON'T SEE WHERE YOUR PROPERTY HAS A HARDSHIP VIS-A-VIS ANY OF THE OTHER PROPERTIES IN YOUR AREA OR ANY OF THE OTHER PROPERTIES IN THE ZONING

DISTRICT. >> WELL, YOUR HONOR, I THINK THE FACT THAT IT IS ON A CORNER AND WE DON'T HAVE THE OPTION OF BUILDING LATERALLY. AGAIN, OUR DOOR FACES TO THE RIGHT OF WHAT WE ARE LOOKING AND THAT IS THE EAST.

WHERE WE ARE LOOKING TO BUILD WULD HAVE BEEN A SIDE YARD HAD IT NOT BEEN ON A CORNER. THERE IS A CORNER HOUSE AT THE VERY MOUTH OF TARPON ROAD. IT IS 18 DAUPHIN.

I'M LOOKING TO SEE -- >> YEAH.

I KNOW THE PROPERTY YOU ARE SPEAKING ABOUT.

I GUESS I AM JUST TRYING TO FOCUS -- NARROW YOUR PRESENTATION AS TO WHAT THE HARDSHIP IS BECAUSE THERE ARE OTHER CORNER LOTS IN PONTE VEDRA WITH THE SAME ISSUES BECAUSE THEY HAVE TWO -- ONE SIDE YARD IS A FRONT YARD AND THE OTHER ONE IS A FRONT YARD. THE ADVANTAGE IS THAT YOU DO HAVE MORE LAND BETWEEN YOU -- YOU DON'T HAVE ADJACENT PROPERTY. THAT'S A BENEFIT.

IT IS NOT ANY DIFFERENT THAN THE OTHER LOTS.

I CAN'T SPEAK TO THE ONE THAT YOU'VE POINTED OUT.

>> I CAN'T SPEAK TO -- >> I DON'T KNOW IF THERE IS INFORMATION AS TO HOW THAT HAPPENED OR WHAT THEIR HARDSHIP

WAS. >> I CAN'T SPEAK TO THE CRUX OF THAT EITHER. I BELIEVE HE RESOLVED THAT A LONGTIME AGO, BEFORE -- A LONGTIME BEFORE HE LEFT THE PROPERTY. I JUST WANTED TO POINT OUT THAT IT IS DIFFICULT FOR CORNER LOTS. I'M NOT SURE HOW MANY CORNER LOT OWNERS HAVE COME FORWARD TO SEEK SOME LENIENCY IN THAT WAY WHEN THEY BUILD OUT, BUT I WANTED TO POINT OUT THE CLOSEST

[00:30:01]

NEIGHBORING CORNER LOT THAT NEEDED TO EXPAND, OBVIOUSLY THEY HAD TO GO THROUGH THE PROCESS BECAUSE THEY ENDED UP WITH THE SAME RESULT. THAT'S ALL I COULD SAY.

I THINK IT IS THE CONFLUENCE OF DIFFERENT FACTORS AND MAYBE INDIVIDUALLY THEY ARE NOT UNIQUE, BUT PUT TOGETHER GIVEN THE SHAPE OF THE ORIGINAL HOUSE BUILT IN 1974 AND ITS ORIENTATION. IF CERTAIN FIXTURES ARE ONLY ABLE, PRACTICE PARTICULARLY SPEAKING, TO GO IN CERTAIN PLACES, THE WASTE LINE IS ODDLY PLACED.

I WILL TRY TO USE THE CLICKER. OKAY.

RIGHT HERE IS WHERE TWO BATHROOMS ARE.

ONE IS A TEENY MASTER BATHROOM. AND S*UPB -- ONE IS OUR

DAUGHTER'S. >> THIS IS VERY INTERESTING, BUT IT HAS NO BEARINGS WHERE YOUR BATHROOMS ARE IN YOUR HOUSE OR HOW YOUR HOUSE IS SHAPED. WHAT IS OF INTEREST TO US HERE IS COMPLYING WITH THE PONTE SR*PS VEDRA ZONING REGULATIONS.

SO IT HAS TO DO WITH WHAT IS ALLOWED FOR YOUR SETBACKS AND WHAT YOU ARE ASKING FOR. YOU HAVE A BEAUTIFUL HOME.

YOUR NEIGHBORS SAY SO. THEY ALL SAY IT IS BEAUTIFULLY LANDSCAPED. DO YOU HAVE ANY OTHER QUESTIONS, MEGAN? I KNOW CHIP HAS QUESTIONS.

THANK YOU. CHIP?

>> I LIVE ON A CORNER LOT SO I CAN SYMPATHIZE YOU.

I DO HAVE A QUESTION REGARDING YOUR HARDSHIP.

AND AGAIN, THANKS FOR POINTING OUT WHERE YOUR BATHROOMS ARE, BUT IN YOUR APRIL LAW LOCATION YOU SPOKE ABOUT LIVING IN YOUR LIVING IN YOUR CURRENT HOME AND ALONG -- AND A LITTLE BIT OF THE SHORT COMINGS WITH WANTING TO PUT IN A HALF BATH.

JUST A COUPLE MINUTES ON THAT OR A MINUTE ON THAT AND THE

HARDSHIP OF YOUR FAMILY? >> CERTAINLY.

THE REASON I WAS SPEAKING OF THE BATHROOMS TO SAY WE DIDN'T JUST ARBITRARILY DECIDE TO CANNIBAL LIES OUR EXISTING GARAGE FOR THE HALF BATH AND LAUNDRY. THOSE WERE THE ONLY PLACES WE COULD PUT IT BECAUSE WE HAD NO ROOM TO BUMP OUT TO THE SIDE AND THE OTHER PLACES THE WATER LINES AND THE WASTE LINES CONNECT TO OUR PROPERTY. DIDN'T MEAN TO GO ASTRAY THERE.

YES, WE HAVE A FAMILY AND WE WOULD LIKE WHEN WE HAVE PEOPLE AT THE HOME TO NOT HAVE TO USE OUR YOUNG DAUGHTER'S BATHROOM WITH HER PERSONAL EFFECTS OR OURS.

WE THINK THAT IS REASONABLE TO HAVE A HALF BATH.

I THINK IT IS REASONABLE TO HAVE A LAUNDRY ROOM.

AND I THINK IT IS REASONABLE TO HAVE A TWO-CAR GARAGE WHERE YOU PARK YOUR CARS. MAYBE WE WANT IT ALL, BUT WE JUST HAVE A THREE-BEDROOM AND TWO, HOPEFULLY TWO AND A HALF BATHHOUSE AND TRYING TO MAKE IT SOMETHING THAT WORKS FOR US.

I DON'T THINK IT HAS TO DO WITH OUR PERSONAL NEEDS OR WANTS OR PREFERENCES. I THINK ANY FAMILY -- AND AGAIN THIS IS A HOME DESIGNED TO HOUSE A FAMILY.

I THINK ANY FAMILY WOULD WANT THAT.

I DO THINK THESE PROPERTIES ARE TURNING INTO THE HANDS OF YOUNG FAMILIES AS QUICKLY AS WE THOUGHT WHEN WE BOUGHT IN 2015.

AND ONE OF THOSE REASONS IS IT TAKES AN INVESTMENT TO EXPAND AND RECONFIGURE. THE HOUSE ACROSS FROM US WERE THE BERNARDS WHO LIVED THERE. THEY MOVED OUT AND THE FAMILY HAD COMPLETELY GUTTED IT TO RECONFIGURE IT TO MAKE IT FUNCTIONAL. WE ARE NOT SURE WE HAVE THE MEANS TO DO THAT, AND WE ARE NOT SURE THAT LOT HAS ENOUGH BUILDABLE SPACE TO DO SOMETHING LIKE THAT.

WE ARE JUST TRYING TO WORK WITH WHAT WE HAVE.

THE FOOTPRINT THEY BUILT US, WE JUST NEED SIX MORE FEET.

IT DOESN'T HAVE TO BE A REINVENTION OF HOW YOU READ THE CODES AND THE REGULATIONS. IT COULD BE A VARIANCE OF SIX FEET TO BUILD A TWO-CAR GARAGE. I DON'T THINK A ONE-CAR GARAGE IS NORMAL FOR A FAMILY. MOST FAMILIES DON'T HAVE ONE

CAR. >> WE JUST NEED SIX MORE.

>> TO MAKE IT TO CODE FOR A TWO-CAR GARAGE.

>> SAM, DID YOU HAVE QUESTIONS? >> HI.

YU HAVE A VERY PRETTY HOME AND YOU DID A WONDERFUL JOB.

I LIVED IN DAUPHIN COVE FOR A LONGTIME.

I WANT TO HAMMER IN ON THE HARDSHIP.

IF I UNDERSTAND WHAT YOU ARE SAYING, THEN YOUR PRIMARY HARDSHIP IS THAT THE 60-FOOT RIGHT OF WAY -- AND I WILL SAY 60-FOOT IS LARGER THAN NORMAL FOR ST. JOHN'S AS A COUNTY.

50-FOOT IS STANDARD AND THAT WOULD BE A FIVE-FOOT DIFFERENCE IF THAT MAKES SENSE. THE REASON THAT IS PUT IN FROM THE DEVELOPER'S PERSPECTIVE IS TO GIVE A SCENIC OR STREET SKAEUP. THEY WANT A SPECIFIC LOOK THEY

[00:35:01]

ARE GOING FOR WHICH IS WHY YOU ARE HERE ASKING FOR A VARIANCE.

THAT'S BECAUSE THEY HAD A VISION WHEN THEY STARTED THIS.

WE ARE LOOKING FOR A HARDSHIP. I WILL SAY FROM MY PERSPECTIVE THAT A CORNER LOT WOULD BE A HARDSHIP.

WHERE THEIR MAILBOX IS -- I KNOW YOUR DOOR IS FACING EAST, YOUR MAILBOX I WILL CALL THAT THE NORTH SIDE AND SO THE WAY I FACE THAT HOUSE, THE WAY I SEE THAT HOUSE IS FROM THE NORTH.

IF YOU WERE ASKING FOR A VARIANCE ON THE EASTERN SIDE, YOU HAVE PRETTY TREES AND I CAN SEE THAT AS A HARDSHIP BECAUSE YOU HAVE TWO FRONT YARDS. THE WAY THAT IT IS CURRENTLY SET, IT LOOKS LIKE IT IS THE FRONT YARD WHICH IS WHY YOU ARE NUMBER 5 AND NOT NUMBER 1 BECAUSE OF WHERE THE MAILBOX IS.

>> ACTUALLY OUR MAILBOX IS ACROSS THE STREET FROM 9 AND 10.

THE OTHER WAY IS BETWEEN 4 AND 6.

THAT'S THE WAY I PRESENTED IT THE WAY I DID.

BUT GO ON. >> IF YOU COULD JUST HAMMER THE

HARDSHIP. >> [INAUDIBLE].

>> IT IS SO HAMMERED INTO MY BRAIN.

I APOLOGIZE. THE HARDSHIP IS WITH ALL OF THE FACTORS THERE ARE ANY NUMBER OF MODELS ON OUR LOT FROM THE STANDARD WE SEE REPEATED AROUND THE NEIGHBORHOOD THAT WOULD HAVE GIVEN US MORE OPTIONS. IT IS THE SITUATION OF WHERE THE BUILDING IS LOCATED IT COULD HAVE BEEN LOCATED IN DIFFERENT PLACES AND IT WOULD HAVE GIVEN US DIFFERENT OPTIONS.

RIGHT NOW THE WAY IT IS CONFIGURED AND LOCATED, THIS IS THE ONLY PLACE WE CAN PUT A GARAGE SHORT OF A DIFFERENT VARIANCE TO BUILD MORE ON THE OTHER SIDE.

OUR PLAN B, IF THIS DOESN'T WORK WOULD HAVE TO BE TO BUILD A TWO-CAR GARAGE WHERE ONE PARKS IN FRONT OF THE OTHER SO IT DOESN'T COME SO CLOSE TO THAT NORTH LINE, BUT THAT IS GOING TO LOOK TERRIBLE. IF MS. WESLIG WANTS TO TALK ABOUT A VIEW, SO IT IS A LONG GARAGE SO THAT IT ALMOST ENCLOSS THE FRONT DOOR. PEOPLE WILL JUST SEE A COMPOUND WALL ALL-AROUND WHICH IS WHAT THEY ACTUALLY, YOU KNOW, WOULD NOT WANT. I'M AN AESTHETIC PERSON AND I WOULDN'T WANT THAT FOR THEM. IT WOULD LOOK FINE FOR US BECAUSE WE WOULD COME OUT OF THE FRONT DOOR AND HAVE A PRETTY COURTYARD LIKE WE HAVE A PRETTY YARD.

WE WOULD MAKE IT BEAUTIFUL. BUT I DON'T THINK OUR NEIGHBORS WOULD SEE THAT. THAT'S THE ONLY OTHER OPTION TO

HAVE A TWO-CAR GARAGE. >> HAVE I A QUESTION ABOUT THAT -- I HAVE A QUESTION ABOUT THAT.

YOU HAVE A CORNER LOT AND TWO SIDES THAT ARE SEVEN AND A HALF FEET AND YOU HAVE A PRETTY ADDITION IN THE BACK AS WELL.

IT IS SEVEN AND A HALF FEET FROM BOTH NEIGHBORS ON THE BACK AND SIDE YARD. YOU ACTUALLY HAVE QUITE A BIT OF ROOM BEHIND YOUR HOUSE AND NEXT TO YOUR CURRENT ADDITION WHERE YOU COULD PUT A GARAGE THERE AND PULL OFF OF TARPON ROAD TO THE EAST. THERE IS ROOM THERE, CORRECT?

NOT THAT YOU WANT TO DO THAT. >> TECHNICALLY --

>> TECHNICALLY THERE IS A SPOT ON YOUR PROPERTY TO PUT THE GARAGE WITHOUT THE VARIANCE. IS THAT CORRECT.

>> THAT IS CORRECT. I DON'T KNOW ANY NEIGHBOR WHO WOULD WANT TO SEE THAT. [INAUDIBLE].

WE WANT A GARAGE FOR OUR FAMILY HOME.

WE WOULD BE RAISING A CHILD WITH NO BACKYARD TO PLAY IN.

>> WE FENCED IT IN SO SHE WOULD HAVE A SAFE PLACE.

>> INCLUDING MS. WESLING'S DAUGHTERS.

>> YOU SAID THE STATEMENT THAT WAS YOUR ONLY OPTION.

IT REALLY IS NOT YOUR ONLY OPTION.

ACTUALLY A HARDSHIP HAS TO BE UNIQUE TO THIS PIECE OF PROPERTY. IN THE AREA, AND IN YOUR NEIGHBORHOOD. THERE ARE MANY CORNER LOTS AND THEY HAVE THE SAME SETBACKS, THE SEVEN AND A HALF FEET AND THE 25-FOOT SETBACK. I ALSO NOTICE 7, YOUR NEXT DOOR NEIGHBOR, IS FLUSH WITH YOUR PROPERTY CURRENTLY.

SO BUILDING OUT THAT GARAGE WOULD BE PRETTY MUCH IN FRONT OF THEIR HOUSE. I DID KNOCK ON THEIR DOOR AND THEY WERE NEW HOMEOWNERS AND THEY WERE NOT THERE.

IT WOULD BE INCONSISTENT ON YOUR STREET WITH HAVING THAT VARIANCE. I DON'T SEE A HARDSHIP.

HAVING AN ENJOYABLE HOME I KNOW IS PONTE VEDRA.

[00:40:03]

I WOULD LIKE THAT TOO. WE ALL WOULD.

PEOPLE LIVE ON CAR LOTS AS WELL. I DO NOT SEE A TECHNICAL VERSION OF A HARDSHIP IN OUR REGULATIONS.

THERE IS ANOTHER WAY TO DO A GARAGE WITHOUT A VARIANCE ON THE PROPERTY. YOUR PROPERTY IS NOT UNIQUE IN PONTE VEDRA WITH THE NEIGHBORING PROPERTIES.

>> CAN I RESPOND TO THAT STATEMENT?

>> SURE. >> WE HAVE 14 FEET WE COULD BUILD A GARAGE THAT COULD EXTEND.

>> THAT'S RIGHT. >> ALL WE ARE ASKING FOR IS SIX

MORE. >> UNDERSTAND.

>> WE HAVE TO GET OUR CARS IN THE GARAGE.

ONE WAY OR ANOTHER, IT JUST MAKES MORE SENSE, PRACTICAL SENSE. I UNDERSTAND REGULATIONS, BUT THAT'S WHAT THIS WHOLE PROCESS IS FOR, FOR A VARIANCE.

WE HAVE NOTICED EVERYBODY. OUR NEIGHBORS, EXCLUDING ONE

APPARENTLY, HAS NO ISSUE. >> THERE ARE OTHERS WE HAVEN'T HEARD FROM AS WELL. UNDERSTAND THAT THERE WERE OTHER NEIGHBORHOODS THAT WERE FINE WITH IT, BUT THE ZONING BOARD HAS TO HAVE A CONCRETE HARDSHIP TO EVEN CONSIDER A VARIANCE.

I DON'T SEE A TECHNICAL HARDSHIP HERE.

BUT WE STILL VOTE ON IT, IS THAT CORRECT, CHRISTINE?

>> YES. IT IS REQUIRE OWED THE APPLICATION AND BECAUSE YOU ONLY HAVE FOUR PEOPLE HERE, ALL MUST

VOTE TO PASS A MOTION. >> OTHERWISE IT IS HEARD AGAIN.

>> I WOULD ACTUALLY LIKE TO SEEK A CONTINUE WEDNESDAY BECAUSE I FEEL LIKE THE STANDARD IS TO HAVE THE MAJORITY OF THE BOARD AND NOT TO MEET A UNANIMOUS VOTE.

I WOULD LIKE A CONTINUE WEDNESDAY TO ANOTHER DOCKET

WHERE WE HAVE A MORE FULL BOARD. >> BEFORE YOU SPEAK, I WOULD JUST LIKE TO MAKE ANOTHER SUGGESTION TO YOU.

THAT IS, IF IN YOUR NEIGHBORHOOD, LET'S SAY YOUR PERSONAL OPINION ABOUT THE HOUSES IS THAT PEOPLE WILL WANT TO EXPAND THEM AND MAKE THEM LARGER AND DO ALL THAT, ONE COULD SAY, WELL, WE WANT TO CHANGE THE ZONING IN THAT NEIGHBORHOOD AND CHANGE THE RELR ZONING AREA.

THAT WOULD REQUIRE THE CONSENSUS OF EVERYBODY WHO LIVES IN DAUPHIN COVE. IF YOU KNEW THERE WAS A TREMENDOUS DESIRE BY YOUR NEIGHBORS TO CHANGE, THEN THAT WOULD BE ANOTHER METHOD THAT YOU COULD PURSUE WHERE EVERYBODY IN THAT AREA SAID, YOU KNOW, AS A COMMUNITY, WE WOULD LIKE

SOMETHING TO CHANGE HERE. >> THAT'S GOOD TO KNOW.

>> RIGHT NOW THERE ISN'T A HARDSHIP, AND NO MATTER HOW MANY ARE HERE, YOU WOULD STILL NEED FOUR PEOPLE WHO COULD IDENTIFY A SPECIFIC HARDSHIP. I JUST WANTED TO TELL YOU THAT IF YOU ARE GOING TO COME BACK, YOU WOULD HAVE TO FINE-TUNE THE PRESENTATION IN THAT AREA BECAUSE I DID NOT SEE A SPECIFIC

HARDSHIP. >> I APPRECIATE THAT.

THANK YOU. >> CHRISTINE, CAN YOU GIVE ME GUIDANCE ON A REQUEST FOR A CONTINUE WEDNESDAY WHEN SOMETHING IS ON THE AGENDA? IS IT UP TO THE BOARD, THE CHAIR, THE APPLICANT FOR A CONTINUE WEDNESDAY? I DON'T REALLY LIKE CHERRY PICKING BOARD MEMBERS WHO ARE

HERE. >> IT WOULD BE A VOTE OF THE

BOARD. >> IT WOULD BE A VOTE OF THE BOARD AS FOR A CONTINUE WEDNESDAY.

WOULD ONE OF THE BOARD MEMBERS LIKE TO MAKE A MOTION FOR A

CONTINUE WEDNESAY? >> I'LL MAKE A MOTION.

I WOULD LIKE TO MAKE A MOTION TO CONTINUE PVZAR22-14.

>> I WILL SECOND THAT. >> SO 2-2 IS A TECHNICAL DENIAL

OF THE MOTION OR DO WE NEED 4? >> YOU NEED 4 TO TAKE ANY

ACTION. >> SO THAT DOES NOT PASS,

CORRECT? >> RIGHT.

A 2-2 WOULDN'T PASS. >> ALL RIGHT.

>> SO DO I HAVE A MOTION FOR THIS AGENDA ITEM?

>> I WILL MAKE A MOTION. >> MEGAN?

>> I WOULD LIKE TO MAKE A MOTION TO DENY PVZVA AR2022-SHRIVER GARAGE ADDITION BASED ON FOUR FINDINGS OF FACT.

>> YOU CAN VOTE. >> I WILL SECOND.

THANK YOU. >> THE MOTION IS --

>> TO DENY. >> I VOTED WRONG.

CAN I GO BACK? >> CLEAR IT.

NOW VOTE. IT IS A MOTION TO DENY.

[2. PVZVAR 22-17 503 A1A N (060650-0000). Request for Zoning Variance to Section VIII(M) of the Ponte Vedra Zoning District Regulations to allow for a maximum Impervious Surface Ratio of 42.7% in lieu of the required 40% to accommodate placement of a swimming pool.]

[00:45:01]

>> ALL RIGHT. SO YOUR MOTION HAS BEEN DENIED.

SROR VERY -- YOUR VERY -- VARIANCE HAS BEEN DENIED BY THIS BOARD. YOU CAN TALK TO THE ATTORNEYS AFTERWARD OR THE COUNTY IN TERMS OF WHAT YOUR NEXT STEPS MIGHT

BE. >> THANK YOU.

>> THANK YOU. >> OKAY.

OUR NEXT ITEM IS PVZVAR22-17 AT 503A18 NORTH.

LET'S START WITH YOU, MEGAN, WHETHER YOU VISITED THE PROPERTY

AND TALKED TO ANYONE. >> I VISITED THE PROPERTY.

I DID NOT TALK TO ANYONE. >> I VISITED THE PROPERTY.

DID NOT TALK TO ANYONE. >> I VISITED THE PROPERTY.

I DIDN'T TALK TO ANYONE. >> I VISITED THE PROPERTY.

NOT TALKED TO ANYONE. >> I DID, HOWEVER, RECEIVE AN EMAIL FROM A COMMUNITY RESIDENT WHO DIDN'T TELL ME -- CHRISTINE, YOU READ THAT EMAIL BECAUSE I SENT IT TO YOU.

IT WAS FROM KITTY S-RBG -- SWITGAS.

SHE DIDN'T SAY IF SHE WAS FOR IT ORGANS T BUT QUESTIONED THE SIZE OF THE HOUSE ON THE LOT AND HOW FAR IT WAS FROM THE BACK FENCE.

SHE DIDN'T STATE HER POSITION THOUGH AND DIDN'T ANSWER ME BACK. IS THAT CORRECT? WOULD YOU INTERPRET THE EMAIL THE SAME WAY?

>> YES. AND SHE STATED THERE WERE OTHER HOUSES ON THE SAME STREET WHICH HAD POOLS WITHOUT THE NEED FOR A

VARIANCE. >> I FORGOT ABOUT KITTY'S EMAIL.

I DID READ IT. WHAT SHE WAS REFERRING TO IN THE EMAIL WAS THE AREA IN WHICH SHE RESIDES WHICH HAS RESIDENCES WITH THE SAME SIZE LOT AND THEY HAD POOLS IN THE BACK AND THE FOOTPRINT IN THE HOUSE IS SMALLER SO THEY BEAT THE 40% RATIO BECAUSE THE HOUSE FOOTPRINT IS SMALLER.

>> THANK YOU. >> THANK YOU.

>> STATE YOUR NAME AND ADDRESS AND THEN YOUR PRESENTATION,

PLEASE. >> JOHN DENNEEN, 1254, NECK ROAD, PONTE VEDRA. I AM REQUESTING A 42.7% IN LIEU OF A COMBINATION OF BASICALLY A THERAPY POOL.

IT IS VERY SMALL. IF YOU SEE THE ACTUAL HOUSE FOOTPRINT IS 38% IMPERVIOUS WHERE THE POOL WOULD BE 4.7%.

THAT IS 2.7% OVERAGE. MY HARDSHIP WOULD BE THE OTHER HOUSES HAVE IT WITH POOLS ON THE SAME SIZE AS THE SIZE OF THE LOT AND IT INHIBITS DOING A POOL. THIS POOL IS A THERAPY POOL.

MY CUSTOMER HAS TO DO HYDRO THERAPY SO IT IS DESIGNED FOR HYDRO THERAPY. IT IS THE REASON I AM TRYING TO GO FOR THIS. I HAVE A PROFESSIONAL ENGINEER TO DO DRAINAGE FOR IT WHICH SHOWS I TAKE ALL OF THE WATER THAT THAT 2.7% CREATES AND TAKES EVERYTHING TO THE ROAD.

THE ENTIRE HOUSE WAS GUTTED TO DRAINS AND IT TAKES IT ALL TO

THE ROAD. >> ANYTHING ELSE?

>> I BELIEVE THAT'S ALL I CAN DO.

>> ARE THERE QUESTIONS BY ANYONE?

>> IN FACT, THE 2.7% EQUATES TO 174 SQUARE FEET.

WHICH IS BASICALLY TWO-THIRDS OF THE WATER IN THE POOL.

I KNOW THEY DON'T REGARD WATER IN THE POOL AS PER VEE YOUS, BU-

>> SAM? >> JOHN, I WAS OUT HERE EARLIER TODAY. IT LOOKS LIKE YOUR FOUNDATION, YOU HAVE PLENTY OF ROOM TO BUILD UP THAT BACKYARD.

>> IT IS GRATING THE WATER FORWARD.

>> THAT'S MY QUESTION. HOW ARE YOU DOING THIS WITHOUT DUMPING WATER AND IT IS A PARK. YOU HAVE A LITTLE BELLY BACK

THERE. >> IT SWELLS DOWN THE SIDE AND THAT BELLY WILL BE UP AND THE ELEVATION TO HAVE THAT FENCE IN THE REAR IS TO WHERE IT WILL GO FORWARD ONCE I LEVEL THAT OUT.

>> GOTCHA. >> AND YOU CAN SEE I HAVE SWELLS ON EITHER SIDE THAT CARRY THE WATER OUT.

>> SO THE NATURAL DRAINAGE FROM THIS PROPERTY IS OUT TO THE WEST

[00:50:03]

, TO A1A? >> CORRECT.

>> AND THE ONE QUESTION I HAVE IS THAT SUBJECT TO WHAT KITTY'S EMAIL WAS ABOUT IS IF YOU ARE GONNA BUILD A POOL AND YOU HAVE THE HOUSE THAT WAS ALSO BUILT, WHY DON'T YOU MAKE THE HOUSE JUST A LITTLE BIT SMALLER SO THAT YOU COULD PUT THE POOL IN? FOR EXAMPLE THE PORCH IN THE BACK IS NOT PER VEE YOUS --

PERVIOUS. >> IT IS UNDER THE ROOF.

ONCE IT IS UNDER THE ROOF IT DOES PRESIDENT MATTER WHAT IS THERE. TO THAT, I BUILT THE HOUSE AS A SPEC HOUSE. SOMEONE BOUGHT IT AND THEY HAD THIS MEDICAL ISSUE WHERE THEY NEED THEIR -- PARITY -- THERAPY

AND THEY WANTED TO DO THE POOL. >> WHERE IN THE PROCESS DID THEY

DECIDE TO BUY THE HOUSE? >> WHEN I WAS FRAMING IT.

>> I THINK THIS IS VERY SIMILAR, THIS SITUATION TO WHAT WE JUST HAD. IT IS A BEAUTIFUL HOME.

YOU BUILT A BEAUTIFUL HOME AND YOU MADE GREAT USE OF THE LOT.

IT IS NOT UNIQUE IN PONTE VEDRA. IT IS A REC TACK -- RECTANGULAR LOT. THERE IS NOTHING UNIQUE THAT WOULD CAUSE A HARDSHIP FOR THIS LOT TO PUT IN A POOL.

UNLESS THERE IS ANOTHER REASON FOR HARDSHIP, I DON'T REALLY SEE ONE. I'M SORRY.

ANY OTHER QUESTIONS? >> IS THERE ANYTHING ELSE YOU

CAN DO TO ALLEVIATE THE 2.8%? >> I HAVE JUST ABOUT DONE EVERYTHING. I MADE THE AC PATH SMALLER AND

THERE IS NOTHING TO TAKE OUT. >> NOTHING.

>> AND I DON'T GET THE POOL DOWN TO 2% WOULDN'T BE WORTH DOING

IT. >> THEY MIGHT END UP HAVING ONE OF THOSE POOL THAT'S YOU HAVE A MOTOR IN AND WHEN YOU SWIM YOU STAY IN PLACE. I HAVE FRIENDS WHO HAVE THAT AND THEY DIDN'T HAVE PLACE FOR A POOL SO THEY PUT IN A HIGH TKROE POOL. I DON'T KNOW WHAT IT IS.

IT IS A CURRENT THAT HOLDS THEM IN PLACE AND THEY CAN SWIM.

THEY WERE FORCED TO USE THAT BECAUSE THEY HAD A SIMILAR

SITUATION. >> GOTCHA.

>> WE ARE REQUIRED TO STICK BY THE CODE.

>> UNDERSTAND. >> AND IF THERE IS NOT A HARDSHIP, WE REALLY AREN'T PERMITTED TO EVEN CONSIDER IT.

I DO HAVE A MOTION TO DE NIGHT PVZAR 2022-17 BASED ON FOUR FINDINGS OF FACT. DO I HAVE A SECOND?

[Board Report]

WE CAN VOTE NOW. THIS IS A MOTION TO DENY.

I'M SORRY. YOUR VARIANCE IS DENIED.

LEX I KNOW TALKED TO THE PEOPLE ABOUT THE RECOURSE YOU MAY HAVE GOING TO THE COUNTY COMMISSIONERS.

>> THANK YOU YOUR -- THANK YOU FOR YOUR TIME.

WE APPRECIATE IT. >> AND FOR THE RECORD, THERE WAS NO ONE IN THE PUBLIC AUDIENCE FOR PUBLIC COMMENT ON THE

AUDIENCE. >> RIGHT.

I WAS SUPPOSED TO ASK IF THERE WAS ANYONE ELSE.

THANK YOU VERY MUCH. >> ALL RIGHT.

>> IS THERE ANY OTHER PUBLIC COMMENT OR ANY OTHER BUSINESS TO COME BEFORE THE BOARD TODAY? GO AHEAD, MEGAN.

>> ONE OF THE QUESTIONS I HAD, PARTICULARLY WITH RESPECT TO THE FIRST APPLICANT, IS WHERE WE GOT A BIG PACKET OF MATERIAL AND PAPERS IMMEDIATELY BEFORE THE MEETING.

IF THAT TYPE OF PAPERWORK IS GOING TO COME IN, IF WE CAN SOMEHOW HAVE AN OPPORTUNITY TO LOOK AT IT BEFORE JUST TO FLIP THROUGH AS OPPOSED TO BEING GIVEN -- IF THE APPLICANT THINKS WE HAVE HAD AN OPPORTUNITY TO SEE IT AND WE REALLY HAVEN'T, THEN AT LEAST THEY SHOULD BE TOLD THAT YOU NEED THE MATERIAL THAT IS GIVEN TO THE ZONING BOARD IN BY SEVEN DAYS PRIOR OR SOMETHING, AND THEN THERE WOULD BE A CERTAIN EQUITY TO ME IN

THAT. >> YEAH.

DID THEY SEND THIS IN OR GIVE IT TO US TODAY, OR HOW DID THIS

WOMAN ABOUT? >> IT IS A LEGAL PACKET.

>> THIS IS THE FIRST TIME I HAVE SEEN THIS.

>> THEY BROUGHT IT ON FRIDAY. >> OH THEY DID?

>> YEAH. >> I WOULD SAY, SORRY, IT'S TOO

LATE. >> THROUGH THE CHAIR, JACOB SMITH, GROWTH MANAGEMENT FOR THE RECORD.

I DID RECEIVE THAT PACKET OR WHAT WAS ACTUALLY SEVERAL EMAILS WORTH OF INFORMATION TOWARDS THE END OF THE DAY ON FRIDAY.

[00:55:05]

I CERTAINLY DON'T FEEL I AM IN A SITUATION TO TURN DOWN ADDITIONAL INFORMATION THAT I RECEIVE FROM AN APPLICANT.

OBJECT KWHRUSLY IT -- OBVIOUSLY IT DIDN'T MAKE THE STAFF REPORT.

SHE HAD SUBMITTED REALLY IN MY MIND A COMPREHENSIVE ORIGINAL PACKET. I DID NOT EXPECT ANY OF THAT INFORMATION. I CERTAINLY HAVE NO ISSUE IN THE FUTURE TRYING TO KPWHAOUPB INDICATE WITH THE -- COMMUNICATE WITH THE APPLICANTS TO MAKE SURE IT DOESN'T HAPPEN.

IT WAS JUST AS A STPRAOEUS TO -- SURPRISE TO ME TO RECEIVE ALL OF THE CASE LAW RELATED AND ADDITIONAL INFORMATION AS IT WAS

TO YOU. >> WHICH SHE DID TALK THROUGH.

>> SHE DID. I CAN CERTAINLY WORK WITH THE APPLICANTS AND TRY TO LIMIT THAT.

I DON'T THINK THAT IS A COMMON ISSUE WE HAVE HAD, BUT IT CAUGHT ME OFF GUARD AS WELL. AND MADAM CHAIR, IF I COULD --

>> I WAS GOING TO ASK FOR STAFF REPORTS SO IF YOU HAVE SOMETHING

IN ADDITION. >> I DO NOT ANTICIPATE WE WILL HAVE AN OCTOBER MEETING. WE DON'T HAVE ANY ITEMS SCHEDULED FOR OCTOBER, TO MY KNOWLEDGE.

WE WILL PROBABLY BE A NOVEMBER 7TH MEETING WOULD BE OUR NEXT UPCOMING MEETING. I DID WANT TO FOLLOW-UP AT LEAST A FEW OF THE BOARD MEMBERS SHOULD BE AWARE THAT THERE WAS AN APPEAL TO THE ZERLINDON PROPERTY WE APPROVED -- THE PONTE VEDRE BOARD APPROVED A VARIANCE OF A SETBACK.

THAT ITEM WENT TO THE BOARD OF COUNTY COMMISSIONERS AND WAS UPHELD WITH A 5-0 VOTE BY THE BOARD OF COUNTY COMMISSIONERS.

THAT'S JUST AN INFORMATIVE STAFF REPORT ON THE ZERLINDEN

PROPERTY. >> IF YOU REMEMBER IT WAS THE BROKEN POTTERY PEOPLE FROM BEHIND THAT WANTED TO UPHOLD -- WANTED TO PUSH AN OLDER VARIANCE ON THEM.

DO YOU REMEMBER THAT? >> I WAS THERE FOR THE ORIGINAL MEETING. SINCE THEY HAD THAT VARIANCE MEETING HALFWAY THROUGH, NOT AT OUR TYPICAL TIME.

>> THE FIRST VARIANCE YOU WERE AT.

WERE YOU AT THE SECOND ONE WHEN WE APPROVED THE SECOND ONE?

>> NO. NO.

[Staff Report]

>> THE ORIGINAL VARIANCE WAS I THINK FOR A 20 SOMETHING FOOT SETBACK AND THEN 20 FEET FROM THE BACK AND A NEW INDIVIDUAL BOUGHT THE PROPERTY AND DID NOT WANT TO ABIDE BY THAT VARIANCE APPROVAL AND ASKED FOR AN ADDITIONAL ONE.

WE APPROVED IT AND IT WAS A UNANIMOUS APPROVAL.

I BELIEVE IT WAS THAT DAY. THE NEIGHBORS ON BROKEN POTTERY APPEALED THE VARIANCE WE APPROVED.

IT WAS UPHELD. THANK YOU, JACOB.

ANY OTHER STAFF REPORTS? THERESA, CHRISTINE?

>> YEAH. I DID WANT TO ADDRESS SOMETHING THAT WAS BROUGHT UP BY THE APPLICANT IN THE FIRST ITEM.

AS YOU KNOW, PROPERTIES ARE SUBJECT TO THE PONTE VEDRA ZONING REGULATIONS. WHILE THERE IS NO DEFINITION IN THE PONTE VEDRA REGULATIONS AND A SETBACK IS MEASURED LOGICALLY FROM YOUR PROPERTY LINE UNLESS IT IS OTHERWISE STATED.

I KNOW IN SOME INSTANCES IT IS STATED THAT THE SETBACK IS FROM AN ACTUAL PAVEMENT THAT IS IN PLACE, BUT BY AND LARGE THAT SETBACK IS FROM YOUR PROPERTY LINE.

>> DO YOU THINK WE SHOULD ADD THAT DEFINITION TO OUR CODE?

>> I DO NOT. BOTH CODES ARE APPLICABLE.

>> IF THAT WOULD HAVE CONTINUED TO COME UP IN THE CONVERSATION I WOULD HAVE ASKED FOR YOU OR JACOB TO COMMENT ON THE RIGHT OF WAY AND THAT THERE IS ACTUALLY A

* This transcript was compiled from uncorrected Closed Captioning.